Agenda packet — Gilroy City Council, August 15, 2022 (part 3 of 4)

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

SECTION I
The City Council finds that:

A. “The zoning map amendment conforms to the Gilroy General Plan.” The proposed R1 zone and density implement the Low Density General Plan land use designation, which primarily allows for single-family residential development.

B. “The project provides the type of development that will fill a specific need of the surrounding area.” The land use designation allows for single-family or duplex residential development at density of 3 to 8 units per acre. Residential rezoning to R1 single family is appropriate for this site as it will continue the existing single family residential neighborhood development pattern in the neighborhood, at a density of 6.1 units per net acre.

C. “The project will not require urban services beyond those that are currently available.” All utilities needed to serve the project are located adjacent to the property.

D. “The project reflects an economical and efficient pattern of land uses.” The project proposes an economical and efficient pattern of land uses by developing the full potential of the allowed density of the low density land use designation, and promotes an orderly pattern of development.

SECTION II
If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise void or invalid by any court o f competent jurisdiction, the validity of the remaining portion of this Ordinance shall not be affected thereby.

SECTION III

Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full force and effect thirty (30) days from and after the date of its adoption.

7.6.c
Packet Pg. 421 Attachment: Proposed Ordinance (3922 : 700 West 6th St.19-lot Zoning Amendment)

Ordinance No. 2022-XX
Zoning Map Amendment Z 22-01
City Council Regular Meeting | August 15, 2022

Page 3 of 3 ends

PASSED AND ADOPTED this 15th day of August, 2022 by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED:

________________________________
Marie Blankley, Mayor

ATTEST:

____________________________
Thai Nam Pham, City Clerk

7.6.c
Packet Pg. 422 Attachment: Proposed Ordinance (3922 : 700 West 6th St.19-lot Zoning Amendment)

City of Gilroy

STAFF REPORT
Agenda Item Title: Establishment of Application Fees for Flying a Commemorative Flag at City Hall
Meeting Date: August 15, 2022
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis, City Administrator
Prepared By: Bryce Atkins, Senior Management Analyst

Strategic Plan Goals

 Develop a Financially
Resilient Organization

☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities

☐ Promote Safe,
Affordable Housing for All

☐ Maintain and Improve
City Infrastructure

RECOMMENDATION

Council adopt the resolution to establish an application fee for flying commemorative flags at City Hall.

BACKGROUND

At the February 7, 2021 Regular Meeting of the City Council, Council adopted the amended and restated Flying Flags at City Facilities Policy. As part of that policy, Section V(a)(7) states that the application fee shall be determined and then updated and maintained as part of the master fee scheduled.

ANALYSIS

7.7 Packet Pg. 423

This item is to establish the fee amount for the first application period. The City’s current cost recovery ordinance establishes a 100% cost recovery rate for this program. The proposed fee is based on the fully burdened hourly rate s1 for the positions involved, and the number of hours for the work associated with review of the 150 signatures from the application, and the cost of the collection and review of applications by the Administration Department.

According to Council policy, should an applicant submit a request in successive years, signatures are not required in the second year, thus there are two fees to be established, one for years with signature verification and one without.

The basis for these two fee amounts is demonstrated below:

Application Fee with Signature Verification

Position Personnel Hours
Per Application
Fully Burdened Hourly
Rate Total
City Clerk 3.75 $140.65 $527.44
Management Analyst 0.25 $100.10 $25.03
Application Fee Amount with Signatures (rounded) $552.00

Application Fee without Signature Verification

Position Personnel Hours
Per Application
Fully Burdened Hourly
Rate Total
Management Analyst 0.25 $100.10 $25.03
Application Fee Amount without Signatures (rounded) $25.00

The costs for Public Works staff to raise and lower the flag without a ceremony is a minimal additional effort. However, any additional Public Works staff time for a flag raising during a ceremony will be collected as part of the Encroachment and/or Special Event Permit fees, based upon the plan for the ceremony, and how much time is approved for the employee to stay on-site during the ceremony until the flag has been raised.

ALTERNATIVES

Council may choose to approve, modify, or reject the proposed resolution establishing the fee.

1 The Fully Burdened Hourly Rates were adopted by the City Council in adopting the User Fee Update.

These rates include the employee’s compensation, but also the employer’s cost, and acceptable equipment, supplies, and oversight costs as permitted by law.

7.7 Packet Pg. 424

FISCAL IMPACT/FUNDING SOURCE

A net neutral cost is anticipated, as the fee amounts should cover the full cost associated with processing the applications. Any costs associated with any proposed events will be recovered through those respective permit applications to have the events on City property.

CONCLUSION

Consistent with Council policy, the fee amount proposed would facilitate full cost recovery associated with the flying of commemorative flags per the City’s policies.

NEXT STEPS

If adopted, staff will include the fee amounts on the fee schedule, as well as the flag flying application. The fee amount will be adjusted annually consistent with the user fee schedule and policy direction of the Council.

PUBLIC OUTREACH

The item has been noticed on the publicly posted City Council Agenda. The user fee schedule that is publicly available shall incorporate the new fee. The fee amount will be included on the application and outreach material with the opening of the application period for commemorative flags to be flown in the 2023 calendar year.

Attachments:

1. Draft Resolution - Flag Flying Fee Establishment

2. Exhibit A - Fee Amounts

7.7 Packet Pg. 425

7.7.a
Packet Pg. 426 Attachment: Fig 1 Vicinity Map (3809 : NOC Tract 10345 Montonico Tract Acceptance)

RECORDING REQUESTED BY
City of Gilroy
WHEN RECORDED, MAIL TO:

Shawna Freels
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
23939464
Regina Alcomendras
Santa Clara County - Clerk- Recorder
05/23/2018 10:56 AM
Titles: 1 Pages: 22
Fees: 168.00
Taxes: 0
Total: 1168-00

SPACE ABOVE THIS LINE FOR RECORDER'S USE)
Property Improvement Agreement No. 2018 -03
MONTONICO —Tract 10345
APN: 808 -18 -018 (portion)
CalAtlantic Group, Inc., a Delaware Corporation
7/25/2017
f

7.7.b
Packet Pg. 427 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)

PROPERTY IMPROVEMENT AGREEMENT

RESIDENTIAL
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:

IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM

DRAINS AND OTHER PUBLIC WORKS FACILITIES
Property Improvement Agreement No. 2018 -03
This Property Improvement Agreement ( "Agreement ") is made and entered into this 26th day of February, 018, by and between the City of Gilroy, a municipal corporation, herein called the "City," and CalAltantic Group, Inc. a Delaware Corporation, herein called the "Developer ".

WHEREAS, a final map of subdivision, record of survey or building permit (Site Clearance) application has now been submitted to the City for approval and acceptance, covering certain real estate and property improvements known as and called: Montonico Tract 10345, APN: 808 -18 -018 (portion), a legal description of which is attached hereto and incorporated herein as Exhibit "A" (the "Property "), and as described in the project improvement plans entitled Montonico Tract - 10345.

WHEREAS, the Developer is the fee owner of the Property and requires certain utilities and public works facilities in order to service the Property under the minimum standards established by the City and,
WHEREAS, the City, by and through its City Council, has enacted certain Codes, Ordinances and Resolutions and certain Rules and Regulations have been promulgated concerning the subject matter of this Agreement and,
WHEREAS, the City has certain responsibilities for maintenance and operation of such utilities and public service facilities after acceptance by City, and for providing the necessary connecting system, general plant and appurtenances, and the City is agreeing to discharge those responsibilities, provided that Developer has faithfully and fully complied with all of the terms, covenants; conditions to be performed by Developer pursuant to this Agreement.

NOW THEREFORE, in consideration of the foregoing premises and in order to carry on the intent and purpose of said Codes, Ordinances, Resolutions and Regulations and established policies of the City and the laws of the State of California and the United States of America it is agreed by and between the parties as follows:

SECTION 1
That all Codes, Ordinances, Resolutions, Rules and Regulations and established policies of the City and the laws of the State of California and the United States of America concerning the subject matter of this Agreement are hereby referred to and incorporated herein to the same effect as if they were set out at length herein. Said Codes, Ordinances, Resolutions, Rule and Regulations include, but are not limited to, the following: the Code of the City of Gilroy, the current Zoning Ordinance, and the currently adopted Uniform Building Code.
2- 7/25/2017

7.7.b
Packet Pg. 428 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)

CFCT1nN '7
The Developer agrees:
a. To perform each and every provision required by the City to be performed by the Developer in each and every one of said Codes, Ordinances, Resolution, Rules and other Regulations and established policies of the City and the laws of the State of California and the United States of America, including without limitation, the California Labor Code and California Public Contract Code.

Developer further agrees and acknowledges that it is its obligation to determine whether, and to what extent, the work performed under this Agreement is subject to any Codes, Ordinances, Resolutions, Rules and other Regulations and established policies of the City and the laws of the State of California, the United States of America, the California Labor Code and Public Contract Code relating to public contracting and prevailing wage laws. b. To grant to the City without charge, free and clear of encu nbrances, any and all easements and rights of way in and to the Property necessary for the City in order that its water, electricity, and /or sewer lines in or to said Property may be extended.
c. To indemnify, defend with counsel of City's choice and hold the City free and harmless from all suits, fees, claims, demands, causes of action, costs, losses, damages, liabilities and expenses including without limitation attorneys' fees) incurred by City in connection with (i) any damage done to any utility, public facility or other material or installation of the City on said Property which the Developer or any contractor or subcontractor of the Developer, or any employee of the foregoing, shall do in grading or working upon said Property; or (ii) arising or resulting directly or indirectly from any act or omission of Developer or Developer's contractors, or subcontractors, or any employee of the foregoing in connection with the work performed by them in connection with this Agreement, including without limitation all claims relating to injury or death of any person or damage to any property.
d. To construct and improve all public works facilities and other improvements described in this Agreement and the improvement plans submitted to the City of Gilroy in furtherance of this Agreement on file with the City of Gilroy. All construction and improvements shall be completed in accordance with all standards established in the Codes, Ordinances, Resolutions, Rules and Regulations and established policies of the City and the laws of the State of California and the United States of America and this agreement, and in accordance with the grades, plans, and specifications approved by the City Engineer. Developer shall furnish two good and sufficient bonds, a Payment Bond on a form provided by the City and a Faithful Performance Bond, both of which shall be secured from a surety company admitted to do business in California. Each bond shall set forth a time period for performance by the contractor of its obligations and the terns and conditions on which the City may obtain the proceeds of the bond.

The Faithful Performance Bond shall be in an amount not less than one hundred percent (100 %) of the total estimated amount payable for the improvements described in this Agreement, and shall secure payment to City and the Developer of any loss due to the default of the contractor or its inability or refusal to perform its contract. The performance bond shall by its terms remain in full force and effect for a period of not less than one year after completion of the improvements by Developer and acceptance of the improvements by City, to guarantee the repair and replacement of defective material and faulty workmanship. Upon completion of the improvements by Developer and acceptance of the improvements by City, Developer may substitute for the performance bond securing maintenance described above, a separate maintenance bond issued by an admitted surety in 3- 7/25/2017

7.7.b
Packet Pg. 429 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)

the amount of ten percent (10 %) of the total contract price of the improvements (provided that the amount of said bond shall not be less than One Thousand Dollars ($1,000) to cover the one -year maintenance period.

The Payment Bond shall be in an amount not less than one hundred percent (100 %) of the total estimated arnount payable for the improvements described in this Agreement. The Payment Bond shall secure the payment of those persons or entities to whom the Developer may become legally indebted for labor, materials, tools, equipment or services of any kind used or employed by the contractor or subcontractor in performing the work, or taxes or amounts to be withheld thereon. The Payment Bond shall provide that the surety will pay the following amounts should the Contractor or a Subcontractor fail to pay the same, plus reasonable attorneys' fees to be fixed by the court if suit is brought upon the bond: (1) amounts due to any of the persons named in California Civil Code Section 9100; (2) amounts due under the Unemployment Insurance Code with respect to work or labor performed for the improvements described in this Agreement; and (3) any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work and labor. The Payment Bond shall, by its terms, inure to the benefit of any of the persons named in Civil Code Section 3181 so as to give a right of action to those persons or their assigns in any suit brought upon the bond.

Simultaneously with the submission of its building permit application (Site Clearance), the Developer shall submit the following for both the surety that furnishes the Payment Bond and the surety that furnishes the Faithful. Performance Bond: (1) a current printout from California Department of Insurance's website ( www.insurance.ca.gov) showing that the surety is admitted to do business in the State; or (2) a certificate from the Clerk of the County of Santa Clara that the surety's certificate of authority has not been surrendered, revoked, canceled, annulled, or suspended or in the event that it has, that renewed authority has been granted. e. Except as otherwise expressly provided in this Agreement, all plan check and inspection fees which are payable by Developer pursuant to the attached comprehensive fee schedule are due and payable to the City prior to Council approval of the final map of the subdivision. Upon approval of the record of survey or the building per nit covering the real estate to be improved and before any work is done therein, the Developer shall pay to the City all other sums payable by Developer pursuant to the attached comprehensive fee schedule.
f. At all times during the tern of this Agreement and until the improvements constructed by Developer are accepted by City, Developer shall, at no cost to City obtain and maintain (a) a policy of general liability, and property damage insurance in the minimum amount of One Million Dollars 1,000,000), combined single limit for both bodily injury and property damage; (b) workers' compensation insurance as required by law; and (c) broad form "Builder's Risk" property damage insurance with limits of not less than 100% of the estimated value of the improvements to be constructed by Developer pursuant to this Agreement.

All such policies shall provide that thirty (30) days written notice must be given in advance to City prior to termination, cancellation or modification. The insurance specified in (a) above shall name City as an additional insured and the insurance specified in (c) shall name City as a loss payee, and shall provide that City, although an additional insured or loss payee, may recover for any loss suffered by reason of the acts or omissions of Developer or Developer's contractors or subcontractors or their respective employees. Developer hereby waives, and Developer shall cause each of its contractors and subcontractors to waive, all rights to recover against City for any loss or 4- 7/25/2017

7.7.b
Packet Pg. 430 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)

damage arising from a cause covered by the insurance required to be carried pursuant to this Agreement or actually carried by Developer in connection with the work described in this Agreement, and will cause each insurer to waive all rights of subrogation against City in connection therewith. All policies shall be written on an occurrence basis and not on a claims made basis and shall be issued by insurance companies acceptable to City. Prior to commencing any work pursuant this Agreement, Developer shall deliver to City the insurance company's certificate evidencing the required coverage, or if required by City a copy of the policies obtained.

SECTION I
That all the provisions of this Agreement and all work to be done pursuant to the terms of this Agreement are to be completed to City's satisfaction within one year from and after the date and year of this Agreement first above written. Developer shall maintain such public works facilities and other improvements described in this Agreement at Developer's sole cost and expense at all times prior to acceptance by City in a manner which will preclude any hazard to life or health or damage to property.

SECTION 4
That the faithful and prompt performance by the Developer of each and every tern and condition contained herein is made an express condition precedent to the duty of the City to perform any act in connection with this transaction, and the failure, neglect or refusal of the Developer to so perform, or to pay any monies due hereunder when due shall release the City from any and all obligations hereunder and the City, at its election, may enforce the performance of any provision herein, or any right accruing to the City or may pursue any remedy whatsoever it may have under applicable laws or the Codes, Ordinances, Resolutions, Rules and Regulations of the City, in the event of any such default by Developer.

SECTION 5
That this Agreement, including without limitation the general stipulations outlined in Section 6 below, is an instrument affecting the title or possession of the real property and runs with the land. Except as expressly provided in the second sentence of Item 9 of the general stipulations set forth in Section 6 below (relating to the payment of reimbursement to the original Developer named in this Agreement), all the terms, covenants and conditions herein imposed shall be binding upon and inure to the benefit of City, Developer, the successors in interest of Developer, their respective successors and permitted assigns and all subsequent fees owners of the Property. The obligations of the Developer under this Agreement shall be the joint and several obligations of each and all of the parties comprising Developer, if Developer consists of more than one individual and /or entity. Upon the sale or division of the Property, the terms of this Agreement shall apply separately to each parcel and the fee owners of each parcel shall succeed to the obligations imposed on Developer by this Agreement.

SECTION 6
That the following general stipulations shall be completed subject to the approval of the Public Works Director /City Engineer.

2. The Project shall comply with all Tentative Map conditions and applicable mitigation measures as contained in City Council Resolution 2016 -01 (TM 15 -01 approval). 5- 7/25/2017

7.7.b
Packet Pg. 431 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)

3. All work within the public right -of -way shall be subject to the approval of the City Engineer.

4. The Developer shall perform all work in compliance with the City of Gilroy Specifications Standards Design Criteria, Glen Loma Development Agreement and Glen Loma Specific Use District and is subject to all laws of this community by reference. Street improvements and the design of all storm drainage, sewer lines, and all street sections shall be in accordance with City Standards and Glen Loma Specific Plan, Glen Loma Development Agreement and Glen Loma Backbone Plans and shall follow the most current City Master plan for streets and each utility.

5. The developer shall defend, indemnify, and hold harmless the City, its City Council, Planning Commission, agents, officers, and employees from any claim, action, or proceeding against the City or its City Council, Planning Commission, agents, officer, and employees to attack, set aside, void, or annul an approval of the City, City Council, Planning Commission, or other board, advisory agency, or legislative claim, action, or proceeding against it, and will cooperate fully in the defense.

This condition is imposed pursuant to California Government Code Section 66474.9.

6. No occupancy permit shall be issued in connection with this project if the owner or developer of such development (i) is not in compliance with the City's Residential Development Ordinance (City Zoning Ordinance Sections 50.60 et seq.) referred to as the RDO, any conditions of approval issued in connection with such development or other City requirements applicable to such development; or ii) is in default under any agreement entered into with the City in connection with such development pursuant to the RDO. The project must also comply with any of condition of exemption granted from the RDO, including but not limited to time limits in obtaining City approvals and completion of construction of the dwelling units.

7. The City shall be notified at least two (2) working days prior to the start of any construction work and at that time the contractor shall provide a project schedule and a 24 -hour emergency telephone number list.

8. At least one week prior to commencement of work, the developer shall post the site and mail to owners of property within (500') five hundred feet of the exterior boundary of the project site, to the homeowner associations of nearby residential projects and to the Engineering Division, a notice that construction work will commence on or around the stated date. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice.

9. If the developer proposes to phase construction with building occupancy, the developer shall create, for City Engineer approval prior to first occupancy, a construction staging plan that addresses the ingress and egress location for all construction vehicles, parking and material storage area separate from occupied residential units.

10. Locate and properly dispose of any wells, septic tanks and underground fuel storage facilities.

NOTE: The capping of any well will require inspection by the Santa Clara Valley Water District.

11. Schedule the construction of improvements along existing public roads so that the work affecting vehicular traffic is completed with a minimum interruption to traffic. 6- 7/25/2017

7.7.b
Packet Pg. 432 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)

12. All work shall be coordinated so that the existing residents on all adjacent streets have access to their properties.

13. Before construction utilizing combustible materials may proceed, an all- weather access must be provided to within 150 feet of the building site; and at least one in service fire hydrant or other water source acceptable to the Fire Marshal must be available within 150 feet of each portion of the site wherein this construction is to take place. Location of the fire hydrants will be determined by the Fire Chief.

14. A complete construction schedule, which shall include a detailed phasing plan (including traffic control for each proposed phase), shall be submitted and approved by the City Engineer prior to start of construction. Any deviation from the approved construction schedule and phasing plan shall be coordinated with the City Engineer. Deviating from the approved construction schedule and phasing plan without prior coordination with the City Engineer may prolong issuance of further building permits.
a) Upon request by the City Engineer, the developer shall provide information for public outreach purposes, which may include maps and schedules for each phase of construction.

15. The developer shall obtain the required Habitat Conservation Plan (HCP) Permit and pay the applicable fees prior to the issuance of a grading permit or improvement plan approval.

16. One hard copy and electronic copy of the approved /stamped PG &E Joint Trench Composite Plans shall be submitted to the Engineering Division. Should there be a delay in obtaining the PG&E - approved joint trench plans, the Developer will be allowed to commence joint trench work "at- risk". The Developer assumes responsibility for any required redesign, and all costs associated with the redesign and additional city review resulting from the at -risk work completed without PG&E - approved joint trench plans. Design revisions and ultimate joint trench construction shall be completed to the satisfaction of the City Engineer.

17. Site preparation and fill construction shall be conducted under the observation of, and tested by, a licensed soils or geotechnical engineer. A report shall be filed with the City of Gilroy stating that all site preparation and fill construction meets the requirements of the geotechnical investigation.

This shall be subject to review and approval by the Building Division. [CBC]

18. All grading operations and soil compaction activities shall be per the approved soils report and shall meet with the approval of the City Engineer.

19. New and existing utility lines, appurtenances, and associated equipment, including but not limited to electrical transmission, street lighting, and cable television shall be required to be placed underground. [Municipal Code Section 21, Article V]

20. Construction activity shall be restricted to the period between 7:00 a.m. to 7:00 p.m. Mondays through Fridays, Saturday 9:00 a.m. to 7:00 p.m. No work shall be done on Sundays and City Holidays. The City Engineer will apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes.

21. Any damage resulting from project construction operations to existing city infrastructure on or adjacent to the subject property shall be repaired to the satisfaction of the City Engineer, at the full expense of the developer /contractor. This shall include slurry seal, overlay, street reconstruction, 7- 7/25/2017

7.7.b
Packet Pg. 433 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)

and repair to curb, gutter and sidewalk, driveway approach if reasonably deemed warranted by the City Engineer.

22. This project is subject to post- construction stormwater quality requirements per Section 27D of the Gilroy Municipal Code.

23. Storm water BMP Operation and Maintenance Agreement a) Prior to the issuance of any building permit requiring stormwater management BMPs or as otherwise determined by the City Engineer, the owner(s) of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with the City. The City shall record this agreement, against the property or properties involved, with the County of Santa Clara and it shall be binding on all subsequent owners of land served by the storm water management treatment BMPs. The City- standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering. b) This Agreement shall require that the BMPs not be modified and BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the City prior to the commencement of the proposed modification or maintenance activity. c) This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the city shall have the authority to perform maintenance and /or repair work and to recover the costs from the owner.
d) All on -site stormwater management facilities shall be operated and maintained in good condition and promptly repaired /replaced by the property owner(s), an owners' or homeowners' association or other legal entity approved by the City. e) Any repairs or restoration /replacement and maintenance shall be in accordance with City - approved plans.
f) The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Runoff Management Plan.

24. Stormwater BMP Inspections will be required for this project and shall adhere to the following:
a) The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a knowledgeable third party. b) Unless otherwise required by the City Engineer or designee, stormwater facility inspections shall be done at least twice per year, once in Fall, in preparation for the wet season, and once in Winter. Written records shall be kept of all inspections and shall include, at minimum, the following information:

1. Site address;

2. Date and time of inspection;

3. Name of the person conducting the inspection;

4. List of stormwater facilities inspected;
8- 7/25/2017

7.7.b
Packet Pg. 434 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)

Condition of each stormwater facility inspected;
Description of any needed maintenance or repairs; and
As applicable,the need for site re- inspection.

25. Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October 1st for the Fall report, and no later than March 15th of the following year for the Winter report.

26. A minimum of one exterior monument shall be set. Additional monuments can be required by the City Engineer or City Surveyor as deemed necessary. Location of monuments shall be tied out prior to work.

27. In accordance with the California Professional Land Surveyors' Act (Business and Professions Code) Chapter 15 Sections 8771 and 8725, California Penal Code 605, and California Government Code 27581, the developer, their employees, subcontractors, and /or any person performing construction activities that will or may disturb an existing roadway/ street monument, corner stake, or any other permanent surveyed monument shall show all current monuments on the plans and shall ensure that a Corner Record and /or Record of Survey are filed with the County Surveyor Office prior to disturbing said monuments. All disturbed or destroyed monuments shall be reset and filed in compliance with Section 8771 at the developer's sole expense.

28. If there are any reimbursements payable to the Developer, they must be specifically identified in this Agreement. Any such reimbursements shall be payable to the original Developer named in this Agreement above, and shall not inure to the benefit of any subsequent owners of all or any portion of the Property. All reimbursements payable to Developer shall be subject to the City's reimbursement policies and ordinances in effect from time to time, including without limitation any expiration dates identified in such policies and ordinances. Such reimbursement shall be solely contingent upon the availability of the City's Traffic Impact Fee Funds and in no case shall the reimbursement be paid beyond ten (10) years after the execution of the Agreement. In addition to any other conditions, requirements and limitations set forth in the City's reimbursement policies and ordinances from time to time, (i) in no event shall any reimbursements be payable to Developer if City determines in its sole and absolute discretion from time to time that there are not sufficient reserves then on hand in the specific reimbursement fund from which Developer's reimbursement is payable, over and above any amounts anticipated to be required to be expended from such reimbursement fund, which reserves, at a minimum, are equal to at least half of the remaining average yearly anticipated expenditures of such reimbursement fund as determined by City from time to time; (ii) City may, in its sole and absolute discretion, make partial reimbursement payments to Developer in yearly increments, as determined by City; and (iii) City may defer payments in any given year if projects deemed by City to be of high importance are determined by City, in its sole and absolute discretion, to be warranted or necessary, and the funds in such reimbursement fund are designated by the City for use on such projects of high importance.

29. No occupancy permits shall be issued (except for three model homes) for this neighborhood, Montonico, and no model homes will be allowed to open until the Santa Teresa /Ballybunion /Luchessa Roundabout's ultimate roadway improvements are complete and all vehicular movements are open to traffic as determined by the City Engineer.

30. The Master HOA shall be responsible for the landscape maintenance of the roundabout, medians and open space associated with this project per the Glen Loma Ranch Development Agreement 9- 7/25/2017

7.7.b
Packet Pg. 435 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)

dated November 21, 2005. Developer shall enter into a Landscape Maintenance Agreement prior to completion of construction.

31. Landscape plans shall be submitted for review and approval prior to the issuance of the first building permit, excluding model homes. Any changes to the landscape plans that may be warranted after the civil improvement plans have been approved will be at the risk of the Owner Developer and will be subject to additional review fees.

32. The project shall fully comply with the measures required by the City's Water Supply Shortage Regulations Ordinance (Gilroy City Code, Chapter 27, Article VI), and subsequent amendments, which was adopted on August 4, 2014 to meet the requirements imposed by the State of California's Water Board. This Ordinance established permanent voluntary water saving measures and temporary water conservation standards.
a. All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate.
b. Recycled water shall be used for construction water, where available, as determined by the Public Works Director. Recycled water shall be billed at the municipal industrial rate based on the current Santa Clara Valley Water District's municipal industrial rate.
c. Where recycled water is not available, as determined by the Public Works Director, potable water shall be used. All City potable water will be billed based on the City's comprehensive fee schedule under the Portable Fire hydrant meter rate. 10- 7/25/2017

7.7.b
Packet Pg. 436 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)

SECTION 7
That the attached Development Cost Schedule enumerates all fees and their extensions.

TOTAL AMOUNT DUE CITY $ 3,038,133.70
CITY OF GILROY:
am
Date
Gabriel A. Gonzalez
City Administrator
APPROVED AS TO FORM:

Andrew L. Faber, City Attorney
DEVELOPER:
r
t antic Group, Inc. a Delaware
Corporation
Name: Rvidgit KollerOperationVicePresident
Title:

Date: 11 -31 1 tt
NOTE: If Developer is a corporation, the complete legal name and corporate seal of the corporation and the corporate titles of the persons signing for the corporation shall appear above. 7/25/2017

7.7.b
Packet Pg. 437 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)

EXHIBIT A

LEGAL DESCRIPTION
Real property in the City of Gilroy, County of Santa Clara, State of California, described as follows:

Parcel 1:

PARCEL C AS SHOWN ON THE MAP ENTITLED "TRACT 10301 WILD CHESTNUT" FILED FOR RECORD ON SEPTEMBER 20, 2017 IN THE BOOK 907 OF MAPS, PAGE(S) 32 -43, SANTA CLARA COUNTY RECORDS.

PARCEL 2:

EASEMENTS AS CONTAINED IN THAT CERTAIN GRANT OF EASEMENT, EXECUTED BY THE CITY OF GILROY, A CALIFORNIA MUNICIPAL CORPORATION, RECORD OCTOBER 17, 1990 IN BOOK L511, PAGE 1739, AS DOCUMENT NO. 10688433, OFFICIAL RECORDS OF SANTA CLARA COUNTY.

APN: 808 -18 -018 (AFFECTS THIS AND OTHER PROPERTY)
13- 7/25/2017

7.7.b
Packet Pg. 438 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)

1126/2018 11 34 AM
Account No.

CITY OF GILROY
Fee:

PUBLIC WORKS DEPARTMENT
Amount Due:

ENGINEERING DIVISION
100 -2601- 0000 -3625

COST ESTIMATE
3,450.60
EFFECTIVE 7/1/2017
ENCOMPASS NO: E1 15120013 Revised:

Revision Number:

DATE: 26- Jan -18 Revision By:

NUMBER: Montonico TR 10345 @_ Glen Loma Ranch
PROJECT LOCATION: East of Santa Teresa Blvd. between Syrah Dr. and Luchessa Ave.

PARCEL NUMBER: 808 -18 -018 (portion of)
OWNER /DEVELOPER: CalAtlantic Group
MAILING ADDRESS: 4750 Willow Road, Suite 150, Pleasanton, CA 94588 TELEPHONE NO: 925 - 730 -1339
PREPARED BY: Bkaderi
Account No. Key Code Fee: Credits: Amount Due: Account Descriptil on Invoice # 100 -2601- 0000 -3625 4904 3,450.60 3,450.60 Special Public Works Sery 40% Pln Chk Inps
100 - 2601 - 0000 -3605 4702 251,334.64 100,533.86 150,800.78 Eng Plan Check & Insp 420 - 2600- 0000 -3660 4501 12,510.32 12,510.32 Storm Development Fee 432 - 2600- 0000 -3660 3301 0.00 0.00 Str Tree Development Fee 433 - 2600 - 0000 -3660 4905 764,316.00 764,316.00 Traffic Impact Fee 435 -2600- 0000 -3660 4509 568,176.00 568,176.00 Sewer Development Fee 436 - 2600 - 0000 -3660 4510 145,908.00 145,908.00 Water Development Fee 440- 2600- 0000 -3660 4515 1,392,972.00 1,392,972.00 Public Facility Fee 720 - 0433 - 0000 -3620 2202 0.00 0.00 Const Water Use Fee 801- 2601 -PWDO -3899 4703 0.00 0.00 Reimbursements
801 - 2601 -PWDO -3899 4703 0.00 0.00 Other Reimbursements Total 3,038,133.70
Payment Bond Amount for all improvements
Performance Bond Amount for all improvements
2,917,079
2,917,079
G: \COMDEV\ENGINEERING \DEVELOPMENT PROJECTS \Tract File \TR 10345- Montonico (GLR) \FEES_INVOICES_RECEIPTS \Template Dev Fees 7 -1 -2017 - Montoniw REVISED COST SCHEDULE Fees Last Revised January 20, 2012 1 012618

7.7.b
Packet Pg. 439 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)

1/26/2018 11'34 AM

CITY OF GILROY

COMMUNITY DEVELOPMENT DEPARTMENT

ENGINEERING DIVISION

COST ESTIMATE
ENCOMPASS NO: E7 15120013
DATE: 26-Jan-2018
NUMBER: Montonico TR 10345 @ Glen Loma Ranch
PROJECT LOCATION: East of Santa Teresa Blvd. between Syrah Dr. and Luchessa Ave.

Front Footage /Square Footage Charges
Sq Ft:
0 0
0 0
0 0
Street Tree FF: Water FF: Sewer FF: Storm FF: Const Water Acres to be Developed:

0.0 0.0 0.0 0.0 0.000
Pavement SF: Median SF: Sidewalk SF: Curb /Gutter FF: Construction Water FF:

0.0 0.0 0.0 0.0 0.0

SPECIAL PUBLIC WORKS SERVICES
Maps:

Final Map $1,755.00 +
Parcel Map $2,035.00 +
Re- assessment Map (Assessment District Parcels)
1,710.00 +
100 - 2601- 0000 -3625

15.70 / lot
630.00 / lot
630.00 / lot
Administration Fees:

Cost Schedules, Agreements, R/W Reviews and Other Misc. Services) 0 hr Misc Services $185.00 / hr
Special Staff Analysis
0 hr Special Analysis $143.44 / hr
Y $3,450.60 Fee ID NO- FINALM
N $0.00 Fee ID NO- PARCELM
N $0.00 Fee ID N- ASSESM
Y $0.00 Fee ID N -MISC
N $0.00
3,450.60
G: \COMDEV\ENGINEERING \DEVELOPMENT PROJECTS \Tract File \TR 10345- Montonico (GLR) \FEES_INVOICES_RECEIPTS \Template Dev Fees 7 -1 -2017 - Montonico REVISED COST SCHEDULE Fees Last Revised January 20, 2012 2 012618

FINAL ENGINEERING
COST SCHEDULE TYPE: COST ESTIMATE ? Y PLAN CHECK ? N INCENTIVE AGREEMENT ONLY ? N DEFER PUBLIC FACILITY FEE ? TO PERMIT ? N TO FINAL ? N
DEFER SEWER, WATER, TRAFFIC FEES ? TO PERMIT ? N TO FINAL ? N NOTE: This Preliminary Cost Schedule is an estimate and will be adjusted to the rates in effect at the time permits are issued.

Site Information: Gross Acres: Lots: Units:

Residential -Low ? 0.000 0 0
Residential -High ? 14.120 108 84
Commercial -Low ? 0.000 0
Commercial -High ? 0.000 0
Industrial - General ? 0.000 0
Industrial - Warehouse ? 0.000 0
Assembly Hall? 0.000 0
Common Area? 0.000
Commercial /Industrial Allocations: Sewer GPD: Water GPD:
0 0
Reimbursements and credits:

Front Footage /Square Footage Charges
Sq Ft:
0 0
0 0
0 0
Street Tree FF: Water FF: Sewer FF: Storm FF: Const Water Acres to be Developed:

0.0 0.0 0.0 0.0 0.000
Pavement SF: Median SF: Sidewalk SF: Curb /Gutter FF: Construction Water FF:

0.0 0.0 0.0 0.0 0.0

SPECIAL PUBLIC WORKS SERVICES
Maps:

Final Map $1,755.00 +
Parcel Map $2,035.00 +
Re- assessment Map (Assessment District Parcels)
1,710.00 +
100 - 2601- 0000 -3625

15.70 / lot
630.00 / lot
630.00 / lot
Administration Fees:

7.7.b
Packet Pg. 440 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)

1/26/2018 11:34 AM
ENGINEERING PLAN CHECK & INSPECTION 100 - 2601 - 0000 -3605 COST ESTIMATE $251,334.64 ACTUAL COST OF PUBLIC IMPROVEMENTS FINAL ENGINEERING PLAN CHECK $0.00 At time of Improvement Plan /Final Map submittal 40% of fee is due for Plan Check. Remainder 60% due prior to submittal of Final Map for Council approval
Additional Plan Review After First Three Submittals or Review of Changes, Additions or Revisions to Approved Plans 0 hr Additional Plan Review $143.44 / hr. N $0.00 Fee ID NO- GRADINS 2 Hour Minimum)
Re- Inspection Fee
0 hr Re- Inspection $125.00 / hr. N $0.00 Fee ID NO- GRADINS Inspections outside of normal business hours
0 hr Inspection $475.00 +
Based on total cost of improvements)
Estimated Cost of Improvements

12.6% $0

10.5% $100,000

8.4% over
Payment Bond Amount for all improvements
Performance Bond Amount for all improvements

IMPACT FEES
Storm Drain Impact Fee
a.Residential -Low
b.Residential -High
c.Commercial
d.lndustrial
e.Assembly Hall
Street Tree Fee
a.City Planting and Replacement

3.06 / f.f. x
Wnspection and Replacement

0.41 / f.f. x
Traffic Impact Fee
a.Residential -Low
b.Residential -High
c.Commercial -Low Traffic

10.75 trips /1000 so
d.Commercial -High Traffic

10.75 trips /1000 so
e.lndusldal- General
f.lndustdal- Warehouse
160.00 hr. after 3hrs N 0.00

COST ACTUAL

ESTIMATE COST
2,917,079 0
100,000 Y $12,600.00 Y 0.00
200,000 Y $10,500.00 Y 0.00
200,000 Y $228,234.64 Y 0.00
2,917,079
2,917,079
420 - 2600 - 0000 -3660
564.00 acre Y 0.00
886.00 acre Y 12,510.32
1,528.00 acre Y 0.00
1,128.00 acre Y 0.00
564.00 acre Y 0.00
432 - 2600 -0000 -3660
N 0.0 0.00
Y 0.0 0.00
433 - 2600 - 0000 -3660
11,224.00 unit Y 0.00
9,099.00 unit Y 764,316.00
12,419.00 k.s.f. Y 0.00
25,087.00 k.s.f. Y 0.00
4,921.00 1 k.s.f. Y 0.00
3,567.00 k.s.f. Y 0.00
Fee ID NO- GRADINS
DIFFERENCE ($251,334.64)
Fee ID NO- PCKINSP
Fee ID NO -SD -LD
Fee ID NO -SD -HD
Fee ID NO -SD -C
Fee ID NO -SD -I
Fee ID NO -SD -AH
Fee ID NO- TREEPLT
Fee ID NO- TREEINS
Fee ID N1- TRAF -LD
Fee ID N2- TRAF -HD
Fee ID N3- TRAF -CL
Fee ID N3- TRAF -CH
Fee ID N4- TRAF -IG
Fee ID N4- TRAF -IW
12,510.32

0.00 764,316.00
G: \COMDEV\ENGINEERING \DEVELOPMENT PROJECTS \Tract File \TR 10345- Montonico (GLR) \FEES_INVOICES_RECEIPTS \Template Dev Fees 7 -1 -2017 - Montonico REVISED COST SCHEDULE Fees Last Revised January 20, 2012 3 0126 18

7.7.b
Packet Pg. 441 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)

1/26/2018 11:34 AM
Sewer Impact Fee 435 -2600- 0000 -3660 568,176.00
a.Residential -Low $12,501.00 unit Y 0.00 Fee ID N1 -SS -LD b.Residential -High $6,764.00 unit Y 568,176.00 Fee ID N2 -SS -HD c.Commercial /Industrial $3,956.00 cgpd Y 0.00 Fee ID N5- SS -C /I Water Impact Fee 436 -2600- 0000 -3660 145,908.00
a.Residential -Low $4,294.00 unit Y 0.00 Fee ID N1- WATR -LD b.Residenlial -High $1,737.00 unit Y 145,908.00 Fee ID N2- WATR -HD c.Commercial /Industrial $6,731.00 kgpd Y 0.00 Fee ID N5- W7R -C /1 Public Facilities Impact Fee 440 - 2600- 0000 -3660 1,392,972.00 a.Residential -Low $19,710.00 unit Y 0.00 Fee ID N1 -PF -LD b.Residential -High $16,583.00 unit Y 1,392,972.00 Fee ID N2 -PF -HD c.Commercial $2,970.00 k.s.f. Y 0.00 Fee ID N3 -PF -C
d.Induslrial $1,315.00 k.s.f. Y 0.00 Fee ID N4 -PF -I
Water User Fee (Construction) 720- 0433 - 0000 -3620 Y 0.00

3.00 f.f. 0.00 Fee ID NO- CONWTFF
plus
182.73 a. c. 0.00 Fee ID NO- CONWTAC
FRONT FOOT CHARGES (Used to charge and reimburse fees for existing infrastructure) The Half Pipe schedule is used to determine the front footage reimbursement to former developers for infrastructure previously installed along the front footage of the development.

The Full Pipe schedule is used to determine the oversizing reimbursement to the developer for installing water, sewer, and storm main extensions to sizes required by each master plan that are greater than the sizes required by the development. The oversized portion is the difference between the master planned size for the main and the greater of the main size required by the development or the developer's minimum responsibility for each main.

Water 801- 2601 -P WDO -3899 0.00
Water Mains - including fire hydrants, valves, valve boxes and other pertinences.

Developer responsibility is up to and including 12" mains Half Pipe Lineal Footage
6 inch Main $39.00 / LF x N 0.0 = 0.00 Fee ID N- WR06 -1/2 8 inch Main $41.00 / LF x N 0.0 = 0.00 Fee ID N- WR08 -1/2 10 inch Main $47.00 / LF x N 0.0 = 0.00 Fee ID N- WR10 -1/2 12 inch Main $52.00 / LF x N 0.0 = 0.00 Fee ID N- WR12 -1/2 14 inch Main $57.00 / LF x N 0.0 = 0.00 Fee ID N- WR14 -1/2 16 inch Main $62.00 I LF x N 0.0 = 0.00 Fee ID N- WR16 -1/2 18 inch Main $68.00 / LF x N 0.0 = 0.00 Fee ID N- WR18 -1/2 20 inch Main $76.00 / LF x N 0.0 = 0.00 Fee ID N- WR18 -1/2 24 inch Main $82.00 / LF x N 0.0 = 0.00 Fee ID N- WR24 -1/2 30 inch Main $91.00 / LF x N 0.0 = 0.00 Fee ID N- WR30 -1/2 36 inch Main $106.00 / LF x N 0.0 = 0.00 Fee ID N- WR36 -1/2 G:\COMDEV\ENGINEERING \DEVELOPMENT PROJECTS \Tract File \TR 10345- Monlonico (GLR) \FEES_INVOICES_RECEIPTS \Template Dev Fees 7 -1 -2017 - Montonico REVISED COST SCHEDULE Fees Last Revised January 20, 2012 4 0126 18

7.7.b
Packet Pg. 442 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)

Front Foot Charges Continued Used to charge and reimburse fees for existing infrastructure) Sewer B01- 2601 -PWDO -3899
Sewer Mains - including manhole and other pertinences.

Developer responsibility is up to and including 12" mains.

Half Pipe Lineal Footage
6 inch Main 73.00 LF x N 0.0 = 0.00
8 inch Main 75.00 I LF x N 0.0 = 0.00
10 inch Main 81.00 LF x N 0.0 = 0.00
12 inch Main 83.00 LF x N 0.0 = 0.00
15 inch Main 87.00 LF x N 0.0 = 0.00
18 inch Main 93.00 LF x N 0.0 = 0.00
21 inch Main 102.00 LF x N 0.0 = 0.00
24 inch Main 106.00 LF x N 0.0 = 0.00
27 inch Main 122.00 LF x N 0.0 = 0.00
30 inch Main 144.00 LF x N 0.0 = 0.00
33 inch Main 158.00 LF x N 0.0 = 0.00
36 inch Main 178.00 LF x N 0.0 = 0.00
39 inch Main 212.00 LF x N 0.0 = 0.00
42 inch Main 265.00 LF x N 0.0 = 0.00
Street Improvements 801- 2601 -PWDO -3899
Pavement. Sidewalks & Medians Square Footage
AC /Bike path: base 2.55 SF x N 0.0 = 0.00
AC /Bike path: pvmt 2.50 SF x N 0.0 = 0.00
Sidewalk: new 9.75 SF x N 0.0 = 0.00
Sidewalk: replace 13.25 SF x N 0.0 = 0.00
Resurfacing 2.55 SF x N 0.0 = 0.00
Landscaped Median 20.35 SF x N 0.0 = 0.00
Hardscaped Median 11.63 SF x N 0.0 = 0.00
Traffic Signals (equipment only) of Lump Sum
Traffic Signal -3 leg 130,200.00 LS x N 0% = 0.00
Traffic Signal -4 leg 158,500.00 LS x N 0% = 000
Curb and Gutter Lineal Footage
Curb /Gutter: new 25.85 LF x N 0.0 = 0.00
Curb /Gutter: replace 33.40 LF x N 0.0 = 0.00
Curb Ramps 1,057.63 LF x N 0.0 = 0.00
1/26/2018 11:34 AM
Fee ID N- SS06 -1/2
Fee ID N- SSOB -1/2
Fee ID N- SS10 -1/2
Fee ID N- SS12 -1/2
Fee ID N- SS15 -1/2
Fee ID N- SS18 -1/2
Fee ID N- SS21 -1/2
Fee ID N- SS24 -1/2
Fee ID N- SS27 -1/2
Fee ID N- SS30 -1/2
Fee ID N- SS33 -1/2
Fee ID N- SS36 -1/2
Fee ID N- SS39 -1/2
Fee ID N- SS42 -1/2
Fee ID N- STR -ACB
Fee ID N- STR -ACP
Fee ID N- STR -SAN
Fee ID N- STR -S/WR
Fee ID N- STR -RESU
Fee ID N- STR -LANM
Fee ID N -STR -HARD
Fee ID N- STR -TS3L
Fee ID N- STR -TS4L
Fee ID N- STR -C /G
Fee ID N- STR -C /GR
Fee ID N- STR -CR

0.00 0.00
G: \COMDEV\ENGINEERING \DEVELOPMENT PROJECTS \Tract File \TR 10345- Montonico (GLR) \FEES_INVOICES_RECEIPTS \Template Dev Fees 7 -1 -2017- Monlonico REVISED COST SCHEDULE Fees Last Revised January 20, 2012 5 012618

7.7.b
Packet Pg. 443 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)

Front Foot Charges Continued Used to charge and reimburse fees for existing infrastructure) Storm Drain 801- 2601 -PWDO -3899
Storm Mains - including manholes, catch basins and other pertinences.

Developer responsibility is up to and including 24" mains.

Half Pipe Lineal Footage
18 inch Main 63.00 LF x N 0.0 = 0.00 Fee ID N- SD18 -1/2 21 inch Main 69.00 LF x N 0.0 = 0.00 Fee ID N- SD21 -1/2 24 inch Main 70.00 LF x N 0.0 = 0.00 Fee ID N- SD24 -1/2 27 inch Main 82.00 LF x N 0.0 = 0.00 Fee ID N- SD27 -1/2 30 inch Main 89.00 LF x N 0.0 = 0.00 Fee ID N- SD30 -1/2 33 inch Main 91.00 LF x N 0.0 = 0.00 Fee ID N- SD33 -1/2 36 inch Main 95.00 LF x N 0.0 = 0.00 Fee ID N- SD36 -1/2 42 inch Main 99.00 LF x N 0.0 = 0.00 Fee ID N- SD42 -1/2 48 inch Main 117.00 LF x N 0.0 = 0.00 Fee ID N- SD48 -1/2 54 inch Main 137.00 LF x N 0.0 = 0.00 Fee ID N- SD54 -1/2 60 inch Main 158.00 LF x N 0.0 = 0.00 Fee ID N- SD60 -1/2 66 inch Main 179.00 LF x N 0.0 = 0.00 Fee ID N- SD66 -1/2 72 inch Main 200.00 LF x N 0.0 = 0.00 Fee ID N- SD72 -1/2 78 inch Main 216.00 LF x N 0.0 = 0.00 Fee ID N- SD78 -1/2 84 inch Main 231.00 LF x N 0.0 = 0.00 Fee ID N- SD84 -1/2 90 inch Main 246.00 LF x N 0.0 = 0.00 Fee ID N- SD90 -1/2 96 inch Main 261.00 LF x N 0.0 = 0.00 Fee ID N- SD96 -1/2 NOTE: All deferred and /or estimated fees will be adjusted to the rates in effect at the time fees are paid.

The undersigned agrees to provide actual construction costs for recalculation of fees and pay any underestimated fees prior to final acceptance. If the recalculated fees are less than the estimate, the City of Gilroy will refund the difference.

Additional plan review required by changes, additions or revisions to approved plans, reinspectlon nd inspections outside of normal business hours will be billed as shown in the City of Gi s ast current comer ensive fee hedule at the hourly rates in effect at the time of inspection. //
rid4¢rt` ,KoberPrintName: tlOn e.

Date: I I IV
1/26/2018 11:34 AM

0.00 G: \COMDEV\ENGINEERING \DEVELOPMENT PROJECTS \Tract File \TR 10345- Montonico (GLR) \FEES_INVOICES_RECEIPTS \Template Dev Fees 7 -1 -2017 - Montonico REVISED COST SCHEDULE Fees Last Revised January 20, 2012 6 013618

7.7.b
Packet Pg. 444 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)

1/26/2018 11:34 AM
OVERSIZING SCHEDULE (Used to reimburse oversized infrastructure) Total Oversized Water, Sewer and Storm Drain Main Reimbursement 0.00 Total Oversized Water Main Reimbursement Developer is responsible for up to and including 12" mains) 0.00 Oversized Minimum 12" main Oversized
Full Pipe $ /foot Full Pipe $ /foot Oversized Footage Reimbursement 14 inch Main 114.00 104.00 x 0.0 = 0.00 N
16 inch Main 124.00 104.00 x 0.0 = 0.00 N
18 inch Main 135.00 104.00 x 0.0 = 0.00 N
20 inch Main 151.00 104.00 x 0.0 = 0.00 N
24 inch Main 164.00 104.00 x 0.0 = 0.00 N
30 inch Main 182.00 104.00 x 0.0 = 0.00 N
36 inch Main 211.00 104.00 x 0.0 = 0.00 N
Total Oversized Sewer Main Reimbursement Developer is responsible for up to and including 12" mains) 0.00 Oversized Minimum 12" main Oversized
Full Pipe $ /foot Full Pipe $ /foot Oversized Footage Reimbursement 15 inch Main 174.00 166.00 x 0.0 = 0.00 N
18 inch Main 186.00 166.00 x 0.0 = 0.00 N
21 inch Main 204.00 166.00 x 0.0 = 0.00 N
24 inch Main 211.00 166.00 x 0.0 = 0.00 N
27 inch Main 244.00 166.00 x 0.0 = 0.00 N
30 inch Main 287.00 166.00 x 0.0 = 0.00 N
33 inch Main 315.00 166.00 x 0.0 = 0.00 N
36 inch Main 356.00 166.00 x 0.0 = 0.00 N
39 inch Main 423.00 166.00 x 0.0 = 0.00 N
42 inch Main 529.00 166.00 x 0.0 = 0.00 N
Total Oversized Storm Drain Main Reimbmnt Developer is responsible for up to and including 24" mains) 0.00 Oversized Minimum 24" main Oversized
Full Pipe $ /fool Full Pipe $ /foot Oversized Footage Reimbursement 27 inch Main 164.00 140.00 x 0.0 = 0.00 N
30 inch Main 177.00 140.00 x 0.0 = 0.00 N
33 inch Main 182.00 140.00 x 0.0 = 0.00 N
36 inch Main 189.00 140.00 x 0.0 = 0.00 N
42 inch Main 197.00 140.00 x 0.0 = 0.00 N
48 inch Main 233.00 140.00 x 0.0 = 0.00 N
54 inch Main 273.00 140.00 x 0.0 = 0.00 N
60 inch Main 315.00 140.00 x 0.0 = 0.00 N
G:\COMDEV\ENGINEERING \DEVELOPMENT PROJECTS \Tract File \TR 10345- Montonico (GLR) \FEES_INVOICES_RECEIPTS \Template Dev Fees 7 -1 -2017 - Montonico REVISED COST SCHEDULE Fees Last Revised January 20, 2012 7 012618

7.7.b
Packet Pg. 445 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)

1/26/2018 11:34 AM
Oversizing Schedule Continued Used to reimburse oversized infrastructure) Oversized Storm Drain Main Reimbmnt Continued
Oversized Minimum 24" main Oversized
Full Pipe $ /foot Full Pipe $ /foot Oversized Footage Reimbursement 66 inch Main 357.00 140.00 x 0.0 = 0.00 N
72 inch Main 399.00 140.00 x 0.0 = 0.00 N
78 inch Main 431.00 140.00 x 0.0 = 0.00 N
84 inch Main 461.00 140.00 x 0.0 = 0.00 N
90 inch Main 492.00 140.00 x 0.0 = 0.00 N
96 inch Main 522.00 140.00 x 0.0 = 0.00 N
G:\COMDEV\ENGINEERING \DEVELOPMENT PROJECTS \Tract File \TR 10345- Montonico (GLR) \FEES_INVOICES_RECEIPTS \Template Dev Fees 7 -1 -2017 - Montonico REVISED COST SCHEDULE Fees Last Revised January 20, 2012 8 012618

7.7.b
Packet Pg. 446 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF Alameda
On January 31, 2018 , before me, Elizabeth Neal, Notary Public here insert name and title of the officer)
personally appeared Bridgit Koller
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is /ate subscribed to the within instrument and acknowledged to me that he /she /they executed the same in Iris /her /their authorized capacity(ies), and that by lis/her /t signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

ELIZABETH NEAL
Notary Public - California ZSignature `<
Z Alameda County
Z Commission # 2187347
My Comm. Expires Mar 20,2021 (SEAL)
2294- 00169\'ORMA 1227861.1
10/29/14

7.7.b
Packet Pg. 447 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)

CALOFORNIA ALL-PURPOSE l e 6fiPdOO 41lLEDGi'o'iENT Cl1Vi1L CODE § 118-1, A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of Sa n to C IQ r-q )
On MarC;h 6, Z012 before me, 1;un6ra 9, I\'aga
Date Here Insert Name and Title of the Officer
personally appeared i~ u l r i e l i . Cro n Za 1 e Z
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(91 whose named is /a(e' subscribed to the within instrument and acknowledged to me that he /sWe /th4y executed the same in his /her /thelf authorized capacityoefs), and that by his /I dr /their signature(a) on the instrument the person(s', or the entity upon behalf of which the person(s) acted, executed the instrument.

SANDRA E. NAVA
Commission # 2086119 IL
Notary Public - California z
Z Santa Clara County D
T
My Comm. Expires Nov 11, 2018
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature &0gd t 4 , reu
Signature of Notary Public

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document -0
Title or Type of Document: 'p r - prove &V& 46reem,,O Document Date: tebryurH ZI : 2y 13 Number of Pages: Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name:

Corporate Officer — Title(s):

Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:

Signer Is Representing:

Signer's Name:

Corporate Officer — Title(s):

Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:

Signer Is Representing:
2014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 -V6 -6827) Item #5907

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Packet Pg. 448 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)

SEPARATE PAGE PURSUANT TO GOVT. CODE 27361.6 RECORDING REQUESTED BY: City of Gilroy WHEN RECORDED MAIL TO: Thai Pham City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 NOTICE OF ACCEPTANCE OF COMPLETION NOTICE IS HEREBY GIVEN that work agreed to be performed under the property agreement between the City of Gilroy, a municipal corporation, whose address is 7351 Rosanna Street, Gilroy, CA 95020, and the Contractor mentioned below who developed said project, was accepted as completed by the City of Gilroy on the .

Project No.: Property Improvement Agreement No. 2018-03, Project Name Tract 10345 Montonico Contractor Name: Lennar Homes of California, Inc
Contractor Address: 2603 Camino Ramon, Suite 525 San Ramon, CA 94583 Surety on Contract: Liberty Mutual Insurance Company
Location of Project: Glen Loma Ranch, Tract 10302
Description of Work: Tract Improvements Interest of City: x Owner in Fee: Vendee under Agreement to Purchase; Lessee; x Owner of Easements; Holder of License; Owner of Streets; x Owner of Utilities, Water, Sewer, Storm Systems Owner's Name: City of Gilroy Work Done: Install underground utilities, electrical, landscape, and open space __________________________________________________________ This notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State of California. The undersigned declares: That he is an officer of the City of Gilroy, that he has read the foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same is true of his own knowledge, except as to those matters that he believes it to be true. I certify under penalty of perjury that the foregoing is true and correct. Executed at the City of Gilroy, County of Santa Clara, State of California on June 7, 2022. CITY OF GILROY STATE OF CALIFORNIA COUNTY OF SANTA CLARA BY Gary Heap TITLE City Engineer. This document is for the benefit of the City of Gilroy. Request for Recordation without fee is made in accordance with Section 27383 of the Government Code of the State of California.

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Packet Pg. 449 Attachment: Fig 3 - NOC_Montonico (3809 : NOC Tract 10345 Montonico Tract Acceptance)

SEPARATE PAGE PURSUANT TO GOVERNMENT CODE SECTION 27361.6

RECORDING REQUESTED BY: )
)
City of Gilroy )
)
)
)
WHEN RECORDED, MAIL TO: )
Thai Pham, City Clerk )
City of Gilroy )
7351 Rosanna Street )
Gilroy, CA 95020 )

RECORDED WITHOUT FEE PER CALIFORNIA GOVERNMENT CODE SECTION 27383

(SPACE ABOVE THIS LINE FOR RECORDER'S USE)

NOTICE OF ACCEPTANCE OF COMPLETION

PROPERTY IMPROVEMENT AGREEMENT NO. 18-03
PROJECT NAME - Tract 10345, Montonico:

DEVELOPER NAME : Lennar Homes of California (Formerly CalAtlantic)

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City of Gilroy

STAFF REPORT
Agenda Item Title: Adoption of an Ordinance approving 700 W Sixth Street Rezoning from Professional Office (PO) to Single Family Residential (R1) Zone
Meeting Date: August 15, 2022
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Sharon Goei, Community Development Director Prepared By: Kraig Tambornini, Senior Planner

Strategic Plan Goals

☐ Develop a Financially
Resilient Organization

☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities

☐ Promote Safe,
Affordable Housing for All

☐ Maintain and Improve
City Infrastructure

RECOMMENDATION

Adopt the second reading of an Ordinance approving zoning amendment application Z 22-01 for the 700 W Sixth Street project to rezone the property from the Professional Office (PO) Zone to the Single Family Residential (R1) Zone District.

ANALYSIS
At the August 1, 2022 Regular Meeting, the City Council considered and introduced an Ordinance approving zoning amendment application Z 22-01 for the 700 W Sixth Street project to rezone the property from the Professional Office (PO) Zone to the Single Family Residential (R1) Zone District. The Council motioned to read the Ordinance by

7.8 Packet Pg. 451

title only, waived further reading of the Ordinance, and then introduced the Ordinance (7-0-0 vote). No modifications to the draft Ordinance were proposed by the Council.

Council is now asked to adopt the Ordinance consistent with its August 1, 2022 action.

The Ordinance will take effect thirty (30) days from the date of Council action.

Council requested and staff has added conditions of approval regarding the developer working with staff to provide a gate and place additional trees for the project.

Attachments:

1. Location Map

2. August 1, 2022 Staff Report

3. Proposed Ordinance

7.8 Packet Pg. 452

Santa Clara County Multi-Jurisdictional Program for Public Information 2021 Annual Evaluation Report for FY22
(Year 1: July 2021 to June 2022)
June 2022
Prepared by:

Santa Clara Valley Water District
and
County of Santa Clara CRS Participating Communities
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I. INTRODUCTION
The Community Rating System (CRS) is a voluntary program of the Federal Emergency Management Agency’s (FEMA) National Flood Insurance Program (NFIP). The CRS program allows communities to earn flood insurance premium discounts for their residents and businesses by implementing local mitigation, floodplain management, and outreach activities that exceed the minimum NFIP requirements to reduce the risk of flooding.

In Santa Clara County, 11 (eleven) communities have been active participants in the FEMA NFIP CRS for over 30 years.

The CRS participating communities are City of Cupertino, City of Gilroy, City of Los Altos, City of Milpitas, City of Morgan Hill, City of Mountain View, City of Palo Alto, City of San Jose, City of Santa Clara, City of Sunnyvale, and the Santa Clara Valley Water District (Valley Water).

CRS participating communities, along with their external non-governmental stakeholders, non- participating communities: City of Saratoga, Town of Los Altos Hills, Town of Los Gatos, and County of Santa Clara who opted to join the 2021 Program for Public Information (PPI), comprise the PPI Committee. The PPI Committee is listed in Table 1. Members of the Santa Clara County Multi-Jurisdictional 2021 PPI Committee of the 2021 PPI. (Attachment #1) FEMA requires that each community participating in the PPI provide at least two representatives to the regional PPI Committee, with at least half of the representatives from outside the local government.

Additionally, at least half of the representatives must attend all the meetings of the regional PPI Committee.

An important benefit of the PPI Committee’s work is close collaboration between local public agency staff who work on flood protection throughout Santa Clara County. Together, PPI Committee members continue strengthening their individual CRS programs and ensuring communities can evaluate their flood programs against a nationally recognized benchmark.

The 2021 PPI Committee, along with the remaining non-participating communities (City of Campbell and City of Monte Sereno), and other interested parties, make up the Santa Clara County CRS Users Group.

The Santa Clara County CRS Users Group collaborates to ensure floodplain management activities provide enhanced public safety, reduced damage to property and public infrastructure, and avoidance of economic disruption and loss in Santa Clara County. Through the 5-year PPI development and the annual reporting process, members of the SC County CRS Users Group learn from one another about local floodplain management activities, including flood protection and land use issues. For both the Santa Clara County CRS Users Group and the PPI Committee, the PPI is one of the most impactful activities of the CRS Program.

Under the CRS program, flood insurance premium rates are discounted to reward CRS participating community actions that meet the three goals of the CRS: (1) reduce flood damage to insurable property; (2) strengthen and support the insurance aspects of the NFIP; and (3) encourage a comprehensive approach to floodplain management .
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Flood insurance premiums for participating CRS communities are reduced in 5% increments for every 500 CRS points earned. As of April 30, 2022, the total savings for Santa Clara County residents from CRS discounts is approximately $2 million.

Valley Water is the lead flood risk reduction agency for Santa Clara County. Valley Water performs many flood preparedness outreach and stream stewardship/maintenance activities that earn CRS points for participating communities. Since Valley Water is not a land-use agency, the points Valley Water earns, as a fictitious community, provide a foundation upon which the CRS participating communities can build. FEMA approved this unique arrangement with Valley Water in 1998.

The CRS Coordinator’s Manual, 2013 Edition, included the option to undertake a Program for Public Information (PPI) which is a method to customize flood risk and loss reduction outreach messages and increase CRS points. Each participant of the PPI Committee brings unique perspectives and suggestions that enhance the PPI. Each community must adopt the PPI through a formal vote by the community’s governing body.

In 2013, Valley Water initiated and facilitated the effort to develop the first Multi-Jurisdictional PPI so that all Santa Clara County CRS participating communities could work together and benefit from this activity. Non-participating communities were also invited to participate in the development of the PPI.

This work effort resulted in the 2015 Multi-Jurisdiction PPI (2015 PPI).

On April 14, 2015, Valley Water’s Board adopted the 2015 PPI, which sunset in April 2020. Following Valley Water’s lead, the other CRS participating communities’ governing bodies adopted the 2015 PPI soon thereafter.

Under the CRS, the PPI must be updated every 5-years. Each subsequent year after adopting the PPI, the committee must submit an Annual Evaluation Report to FEMA describing the PPI implementation for the prior fiscal year. The PPI Committee must evaluate whether the flood risk reduction messages in the PPI are still relevant and adjust the PPI, if needed. The Annual Evaluation Report is shared with each participating community’s governing body as an informational item.

As required, Annual Evaluation Reports for FY16 (Year 1) through FY19 (Year 4) for the 2015 PPI were prepared, sent to the governing body, and included in annual recertifications.

FY20 (Year 5), the PPI Committee was required to update the 2015 PPI. The Insurance Services Office (ISO), FEMA’s CRS management contractor, exempted the committee from submitting an Annual Evaluation Report for FY20 (Year 5) as the committee focused on updating the 2015 PPI.

In February 2020, Valley Water hosted the start of the 5-year PPI process. Fifteen Santa Clara County communities worked together to update the 2015 PPI. These communities included the current eleven CRS participating communities as well as four non-participating communities that expressed interest in joining the CRS. Staff and external stakeholders from each community participated in developing the new PPI.

In March 2020, the Coronavirus (COVID-19) outbreak started. The California State Emergency Services Act, the Governor’s Emergency Declaration related to the COVID-19 pandemic, the Governor’s Executive Order N-29-20, and Order of the County of Santa Clara Public Health Officer dated March 16, 2020, went into effect.
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The COVID-19 pandemic caused far-reaching, unprecedented changes. Businesses and organizations faced economic and operational uncertainty across every industry and sector. The workforce impacts during COVID-19 caused delays beyond control, including the PPI Committee’s ability to continue its work of updating the 2015 PPI. Many communities shifted priorities to respond to the public health crisis; therefore, FEMA provided an extension of completing the update to the 2015 PPI to early 2021.

The PPI Committee reconvened in October 2020 to resume the PPI update. Several virtual meetings followed until the PPI Committee completed the 2021 PPI in April 2021. The 2021 PPI was adopted by participating communities, as indicated in Table 1. Dates 2021 PPI Adopted.

II. 2021 PPI DEVELOPMENT PROCESS
Valley Water, along with the CRS participating and non-participating communities, initiated the 2021 PPI process in February 2020. The Santa Clara County 2021 Multi-Jurisdictional Program for Public Information document was completed in April 2021 (refer to Section I. Introduction for COVID-19 related delays).

Virtual meetings were held between 2020 and 2021 to develop the 2021 PPI. In addition to FEMA’s six priority topic messages, three additional messages below were identified as important for Santa Clara County. See Table 3 in the 2021 PPI: CRS Priority Messages for the complete list.

I. Encourage residents and workers to make a personal Family Emergency Plan.

II. Ask residents to download disaster apps; and
III. Urge drivers to slow down on wet roads and avoid driving through ponded water to reduce traffic accidents.

The PPI Committee worked between the meetings to draft the 2021 PPI and review the extensive list of outreach and flood response projects. (Attachment 2, which is Appendix A of the 2021 PPI) Based on the PPI Committee’s evaluation of the 2015 PPI, the consensus was that most of the 2015 PPI flood risk reduction messages were still relevant, so only minor edits were incorporated as needed. This became the basis for the 2021 PPI; therefore, no additional FEMA review was required, as the 2015 PPI already ensured its provisions were fully compliant with FEMA requirements.

The number of CRS points that the 2021 PPI activities will earn is determined by FEMA’s CRS Specialist and Technical Reviewers in the Insurance Services Office (ISO). The PPI Committee estimates that of the possible 350 points, participating communities could earn up to 300+/- points per participating community for the PPI efforts.

Once Valley Water approved the 2021 PPI (5-Year Plan), the final document was provided to the PPI Committee to present to their government bodies for adoption and implementation.

Table 1. Dates of PPI Adoption shows the 2021 PPI approval dates by agency (Community).

All 11 CRS participating communities have adopted the 2021 PPI as noted in Table 1 Dates 2021 PPI Adopted below. As non-participating communities are not in the CRS Program, they 13 7.8.a
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are not required to adopt the PPI. At this time, all non-participating communities have chosen not to adopt the 2021 PPI.

Table 1. Dates 2021 PPI Adopted
Agency (Community) Date Presented Adoption*
Santa Clara Valley
Water District 4/27/21 X
City of Cupertino 8/17/21 X
City of Gilroy 7/01/21 X
City of Los Altos 7/13/21 X
Town of Los Altos Hills (non-CRS
community)
Not
required*
Not required*
Town of Los Gatos (non-CRS
community)
Not required* Not required*
City of Milpitas 5/18/21 X
City of Morgan Hill 6/16/21 X
City of Mountain View 6/22/21 X
City of Palo Alto 6/14/21 X
City of San Jose 11/16/21 X
City of Santa Clara 7/06/21 X
County of Santa Clara (non-CRS
community)
Not required* Not required*
City of Saratoga (non-CRS community) Not required* Not required* City of Sunnyvale 6/29/21 X
Total Approved 11
*Non-CRS communities are encouraged to participate in PPI Committee activities and initiatives, but are not required to adopt the PPI, nor report out in the Annual Evaluation Reports.

III. ANNUAL EVALUATION REPORTS
The 2021 PPI states that the PPI Committee will meet at least once yearly to evaluate the PPI and incorporate any needed revisions. This meeting is coordinated in conjunction with the ongoing CRS User’s Group meetings, which occur at least twice a year.

The evaluation will cover:

Ɣ Reviewing projects that were completed.

Ɣ Evaluation of progress toward outcomes.

Ɣ Recommendations on projects that have not been completed.

Ɣ Recommendations for new projects not previously identified.

Ɣ Target Audience changes; and
Ɣ Impact of the program during a real flood event if one has occurred.

The Annual Evaluation Report is prepared by the PPI Committee for submission with each CRS community’s annual CRS recertification package (or schedule 5-year cycle visits). The report is then shared with each CRS participating community’s governing body as an informational item. 14 7.8.a
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Section V. 2022 Santa Clara County CRS Users Group/PPI Committee Meetings – Monitoring and Evaluating the 2021 PPI of this report , summarizes the meetings held to develop the FY22 Annual Evaluation Report (Year 1 of the 2021 PPI).

Table 2 below shows how each community expects to share the FY22 Annual Evaluation Report with its governing body.

Table 2. How the 2021 PPI Annual Evaluation Report for FY22, Year 1 will be shared with Community’s Governing Body
Community Method for Sharing*
Santa Clara Valley Water District Board Non-Agenda Item City of Cupertino Consent Item Council Agenda
City of Gilroy Consent Calendar
City of Los Altos Council Consent Calendar or
Informational Staff Report
Town of Los Altos Hill (non-CRS
community)
Not required
Town of Los Gatos (non-CRS community) Not required
City of Milpitas Memo to City Council
City of Morgan Hill Council Consent Calendar
City of Mountain View Council Weekly Update “Council
Connection”
City of Palo Alto Informational Staff Report
City of San Jose Council Consent Calendar
City of Santa Clara Council Consent Calendar
County of Santa Clara (non-CRS
community)
Not required
City of Saratoga (non-CRS community) Not required
City of Sunnyvale City Manager’s “Update Sunnyvale”
*Non-CRS communities are not required to share the 2021 PPI Annual Reports with their governing bodies.

IV. 2021 PPI ACCOMPLISHMENTS FOR FY22
The PPI Committee identified three efforts needed from each CRS participating community for the 2021 PPI and to prepare and finalize subsequent Annual Evaluation Reports.

1. Governing bodies must adopt the 2021 PPI (Table 1. Dates 2021 PPI Adopted). The PPI Committee must prepare Annual Evaluation Reports and share the reports with its governing body as informational items.

2. For each fiscal year (July 1 - June 30) the communities must carry out and monitor the implementation of the outreach/flood response projects identified in Attachment A CRS Creditable Outreach and Flood Response Projects by CRS Community of the 2021 PPI. (Attachment 2)

3. The PPI Committee must review and consider the ‘New Initiatives’ identified in the 2021 PPI (page 66) for advancing flood risk reduction efforts.

Governing Bodies Approval: Including Valley Water, all 11 CRS participating communities’ governing bodies adopted the 2021 PPI by the end of FY22. The approval dates are shown by agency (Community) in Table 1. Dates of 2021 PPI Adopted noted above. 15 7.8.a
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Tracking System: The 2021 PPI is multi-jurisdictional and includes 15 agencies (11 CRS participating communities and four non-participating communities). Tracking implementation is quite complex compared to a single-agency PPI. As the informal lead, Valley Water continues to oversee the record-keeping to ensure consistency throughout the county. An electronic file-sharing system, Egnyte, is set up with folders for each community to file and share documents related to the 109 potential outreach/flood response projects identified in the 2021 PPI, and all CRS-related documentation. This also includes a comprehensive spreadsheet tracking which projects were accomplished in any given fiscal year, by the individual communities. This spreadsheet, along with the Annual Evaluation Report, will be submitted with annual CRS recertifications or a part of scheduled 5-year cycle visits.

Insurance Services Office (ISO) assigns credit for Valley Water outreach/flood response projects to all Santa Clara County CRS participating communities’ ratings. Some communities also choose to carry out and report on their own outreach/flood response projects, in addition to those of Valley Water.

These projects are shown on the composite spreadsheet and include input from each agency.

The PPI Committee discussed the benefits of using the Egnyte shared-filing system for tracking the 2021 PPI outreach/flood response projects and all CRS-related documentation. The PPI Committee also discussed the importance of ensuring each agency uploads their CRS documentation regularly. These benefits are:
-Information Share/Knowledge Transfer: CRS participating communities can view each other’s program documentation. When a community improves its CRS rating, another community can access the documents submitted to determine how the CRS credited activities helped improve the score.
-Document Repository: A central location for CRS-related documentation, organized to mirror the CRS Coordinator’s Manual (by community/activity/element) proves helpful when a community experiences staff turnover.
- Documentation Submittals: CRS documents are organized and easy to share with the CRS Specialists conducting cycle visits and/or annual recertification.

Summary of PPI Projects Accomplished in FY22
The complete list of outreach/flood response projects is included as Attachment 2 of this Report, listing all projects proposed in the 2021 PPI, with a “Project Accomplishments” column noting actions taken during the first year of the PPI, FY22.

Audiences Projects Accomplished
Community at Large (CAL) 81 potential projects, 63 accomplished Residents and Businesses in the
Special Flood Hazard Area (SFHA)
18 potential projects, 16 accomplished
Messengers to Other Target
Audiences (Organizations &
Businesses Serving the Community)
10 potential projects, 10 were accomplished
*Total Accomplished Projects 89 of 109
* Note: All projects carried out by CRS participating communities were accomplished in FY22.

Variance in the number of potential projects versus accomplished projects is due to no updates received from non- participating communities, which is not required for this report. 16 7.8.a
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These numbers go well beyond the minimum requirements of the CRS Program, and we anticipate all CRS participating communities will receive the maximum number of credits for our collective efforts in FY22.

It is important to note that most public events in 2020 through 2022 were heavily impacted or canceled due to shelter-in-place orders and the COVID-19 pandemic. Those events that were not canceled were often redesigned for virtual participation or smaller, socially distanced groups.

Valley Water’s Outreach/Flood Response Projects
Annual Flood Awareness Campaign
Valley Water's FY22 Flood Awareness Campaign theme was "Flooding Can Happen During a Drought." It launched after the 1Fourth National Climate Assessment was published; there could not have been a better time to have this conversation. The federal report assessed that intense extreme weather and climate-related events are becoming more frequent and will have catastrophic impacts on vulnerable communities, infrastructure, ecosystems, and our economy. Extreme storm events could result in more frequent and severe flooding in our region. Valley Water’s message emphasized its commitment to reducing flood risks and protecting the community but acknowledging we cannot eliminate all risks.

Thus, our communities must adapt and prepare; and it starts with being informed and aware of risks.

An educational paid advertising campaign supplemented Valley Water’s community outreach effort.

This year, its advertising campaign was supported by a series of formative research to understand target audiences, their awareness levels, and explore what educational messages and images most appealed to them.

The Flood Awareness Campaign lasted four months, from mid-November 2021 to February 2022. The paid advertisement campaign cost a total of $200,000.

Valley Water’s FY22 Annual Flood Awareness Campaign shifted from general digital and public space advertising to a series of direct mailings to the 52,000 homes and businesses in Santa Clara County's FEMA SFHA.

Valley Water sent three separate targeted mailers to all homes and businesses in or near a high-risk flood area, as designated by the FEMA SHFA. The mailers were multilingual (English, Spanish, Chinese, and Vietnamese) and are posted on Valley Water’s website.

1. Annual Floodplain Mailer
54,790 mailed on December 13-14, 2021
4,450 delivered to cities/county (Public Works and Planning Departments ) between December 2021 – February 1, 2022

2. Multilingual Postcards with 9 CRS tips and links to flood preparedness webpages 52,502 mailed on October 29, 2021

3. “You Live in a Flood Zone–Do You Know What to Do Before, During, and After a Flood?” Trifold. 54,790 mailed on January 11, 2022
1 US Global Change Resource Program (USGCRP) has a legal mandate to conduct a state-of-the-science synthesis of climate impacts and trends across U.S. regions and sectors every four years, known as the National Climate Assessment (NCA).
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During FY22, Santa Clara County experienced a drought emergency. Valley Water’s annual Floodplain Mailer reminded everyone that flooding can happen anytime it rains, and that climate change has made extreme weather the new normal. Drought conditions can harden the ground and increase run-off to streams and creeks during the first few days of heavy rain, increasing the risk of flooding. In addition, the flood mailer showcased Valley Water's ongoing flood protection projects in areas susceptible to flooding.

In FY22, the mailer featured QR codes, a magnet with important flood safety websites, a detachable emergency phone list, and photos of our most recent flood protection projects.

The direct mailing strategy was developed after the 2020-2021 post-Flood Awareness Campaign poll which indicated that only 29% of FEMA SFHA residents remembered receiving the annual Floodplain Mailer, while recollection of other broad advertising efforts hovered lower. The outreach shift from advertising to targeted mailings resulted in substantial savings while proving much more effective.

Valley Water also deployed a small-scale multilingual social media campaign, with the slogan "Flooding can happen during a drought," on social media and the web platforms including Facebook, Instagram, Google Ads, El Observador, Cali Today, and News for Chinese. The campaign launched in Winter FY22, starting with the season's first rains in December 2021 and continuing through January 2022.

Digital ads targeted residents and commuters in or near the SFHA, using zip codes from published FEMA flood maps.

A key strategy for the paid campaign was incorporating all 2021 PPI messages in Valley Water ads.

Staff crafted messages derived from Valley Water's annual Floodplain Mailer to residents in the SFHA.

Additionally, the Valley Water Board of Directors shared posts on Nextdoor highlighting the "Flooding can happen during a drought" messaging and the nine CRS topics in Winter 2021. Valley Water posted a flood preparedness blog on its website in November 2021 and a digital copy of the Floodplain Mailer.

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Campaign Results
Valley Water also used its monthly newsletter, news blog, and social media profiles to enhance flood awareness efforts before and during forecasted storms starting as early as September. During the length of the campaign and leading up to anticipated storm events, Valley Water posted flash flood warnings, shared posts with critical messages about flood safety, and promoted the Flood Watch Tool throughout the winter.

Valley Water’s flood protection resources page at ValleyWater.org/floodready serves as a hub of flood safety information with icons leading to a series of related web pages, including information on flood zone maps, signing up for emergency alerts, sandbags, reporting local flooding, and safety tips.

Of these subpages, the flood zone awareness page was the most accessed, which features a brief explanation for determining if a home is in a FEMA-designated flood zone. It also features an instructional YouTube tutorial for using FEMA's Map Service and a reminder that flooding can happen anytime it rains.
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All communities were requested to add a link redirecting visitors to ValleyWater.org/floodready, floodsmart.gov, and ready.gov from their respective flood protection resource pages or homepage.

All Santa Clara County communities received hard copies of Valley Water's Floodplain Mailer.

Valley Water shared a “Flood Follows Drought 2021-22 Flood Awareness Campaign Media Toolkit" with the CRS communities. The toolkit provided links to the multilingual floodplain mailer, social media graphics, messages for all nine flood awareness tips (PPI CRS message topics), and blog posts for all Santa Clara County communities to use.

The 2021-2022 post-Flood Awareness Campaign survey found:
භ 59% recalled receiving mail with information about flood safety (29% in 2020-21). භ 76% are confident they have taken all necessary precautions to protect themselves from floods (64% in 2020-21).
භ 61% rate the job Valley Water is doing at keeping them informed as excellent, good, or fair (32% in 2020-21).
භ 10% increase in food zone awareness over last year (now at 50-60% awareness). භ 32% increase in recall of flood mailings vs. last year (now at 59% reach) with good recall amongst Spanish, Mandarin, and Vietnamese speakers.
භ 58% of respondents clearly understood Valley Water’s three main calls to action (find your risk, get flood insurance, develop a plan).
භ 12% increase in respondents who believe they have taken all steps to be ready for a flood (now at 76%).
භ 11% increase in respondents who have flood insurance (now at 51%). භ 100% of high-risk residents in mobile home parks are aware of our messaging.

The results above demonstrate an effective campaign that is less expensive than general advertising, yielding a savings of approximately $150,000 with more robust results. In the future, direct mailings to the FEMA SFHA seem to be an alternative outreach strategy for the flood awareness campaign rather than targeted advertising.

Valley Water discussed the new targeted mail approach with the PPI Committee and the Insurance Services Office (ISO). All agreed with this strategy.

Valley Water Education Outreach Program
Valley Water’s Education Outreach includes flood awareness messaging in every program presented year-round. A dedicated flood-focused program is offered from October through April, depending on the rainfall situation on any given year.

Valley Water’s role as a flood protection agency is highlighted in all presentations, so that participants in the Education Outreach Programs know that flood protection is one of Valley Water’s core objectives in Santa Clara County.

The following are the Education Outreach efforts from October 2021 – March 2022.

Valley Water Flood Awareness Messaging
Flood awareness messaging is included in classroom presentations, STEAM (Science, Technology, 20 7.8.a
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Engineering, Art, and Math) programs, libraries, camps, and Wonders of Water Wednesday, an after- school science program.

The following numbers represent the results of general flood protection messaging:
x 197 Presentations
x 4801 attendees
x 193 Educators
Flood-focused Programs
Education Outreach has two programs that focus on flood awareness and preparedness: “The Three Little Pigs and The Bad Weather Wolf” and “Watershed Maps”.

The following numbers represent the results of Flood-focused Programs:
x 47 Presentations
x 986 attendees
x 54 Educators
Community Events
Due to the COVID-19 pandemic, countywide community events in FY22 were postponed.

CRS Participating Communities Outreach/Flood Response Projects The PPI Committee identified the outreach/flood response projects for each community. The implementation of these projects is reflected in the FY 2022 ‘Project Accomplishments’ column of Attachment 2.

V. 2022 SANTA CLARA COUNTY CRS USERS GROUP/PPI COMMITTEE MEETINGS – MONITORING AND EVALUATING THE 2021 PPI
Santa Clara County CRS Users Group/PPI Committee meetings were held on March 10, 2022, and May 19, 2022. Agenda and attendance sheets for each meeting are included. (Attachments 3-6) Attendance was good at both meetings and quorum was met with staff from the eleven CRS participating communities. Staff from some non-participating communities, external stakeholders, and other interested parties were also in attendance.

As required by CRS, the objective for the March and May meetings was to monitor the implementation of the 2021 PPI and to determine if the desired outcomes were achieved, as well to discuss if any changes to the 2021 PPI were needed to complete this Annual Evaluation Report. The PPI Committee agreed that the 2021 PPI messaging and projects would remain the same for the duration of the 2021 PPI, which sunsets in 2026.
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At the March 10, 2022 meeting, a draft Project Accomplishment PPI Annual Evaluation Report for FY22 was shared with the communities to review.

The PPI Committee:
භ Assessed whether the desired outcomes of the 2021 PPI were achieved in FY22, and what, if anything, should be changed.
භ Discussed which communities have adopted the 2021 PPI and that conformed/enacted copy of their agenda items related to submitting the 2021 PPI to their respective governing bodies should be uploaded into Egnyte and a copy sent to Valley Water. භ Provided instruction on how communities will submit updates to Appendix A of the 2021 PPI to Valley Water for consolidating report.
භ Communities were informed that all updates were due by the next CRS Users Group Meeting or sooner.

An ISO CRS Specialist shared best practices for Verification Cycle Visits. The specialist also reviewed updated/new/modified prerequisites for CRS Classes 6, 8, and 9, per the Addendum to the 2017 CRS Coordinator’s Manual (Edition 2021) which went into effect January 1, 2021.

Lastly, to comply with CRS Activity 350 - Flood Protection Information, Element c). Flood Protection Website, from the CRS Coordinator's Manual, CRS participating communities were reminded to ensure to review their flood information landing page monthly, to verify all links are valid and annually, to ensure content is still relevant and current.

At the May 19, 2022 meeting, the PPI Committee discussed the 2021 PPI Annual Evaluation Report for FY22, reminding the group that the report will be due during scheduled 5-year cycle visits (for Cities of Gilroy and Morgan Hill) or as part of communities’ annual CRS recertification package which are due on August 1, 2022.

Valley Water Communications staff presented an overview of the 2021-2022 Flood Awareness Campaign, including the Floodplain Mailer that was mailed in December 2021 to all addresses in the FEMA Special Flood Hazard Area (SFHA), as well as to city/town/county managers, public works and planning directors, and the communities’ CRS staff.

Additionally, Valley Water Communications staff also shared the FY22 post-campaign polling results with results. Valley and the PPI Committee determined that future flood awareness campaigns have an opportunity for expanded outreach to renters of both single-family homes and multi-family units, as well as providing localized historical flood information and outreach materials in public spaces.

Valley Water CRS staff shared information on the Department of Water Resources (DWR) statewide agency coordination calls scheduled to begin by July 2022. The DWR calls lead up to the 2022 California Flood Preparedness Week (CFPW) that is held annually each October (s pecific dates for October 2022 to be announced). We shared Valley Water's experience in participating on these calls, including the benefits of learning about CFPW, ways to participate, setting up lobby displays for the public, and how to access available resources for public events.

All communities were strongly encouraged to participate this year, including presenting a Resolution (Valley Water’s template available, upon request) to their respective city councils to adopt CFPW, and to forward the information to their communication and emergency service teams. 22 7.8.a
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We also discussed Valley Water’s plan to provide all communities with ‘emergency starter kits’ and ‘flood event kits’ for their use as plans to recommence booth support at various city-hosted events, safety fairs, etc. These resources will ensure our messaging and information on how to ‘Get Flood Ready’ is uniformed throughout the county.

The consensus of the PPI Committee is that our 2021 PPI implementation is on target and that no changes are needed. Cities who have had the PPI approved by their elected officials reported receiving strong support.

This Annual Evaluation Report is the first report for the 2021 PPI to document our outreach project activities.

VI. FUTURE MESSAGING – Other New Initiatives
The PPI committee identified several new initiatives:

1. Continue and expand the standardized flood message prepared for each community to include flood messages in utility bills yearly, including PG&E.

2. Expand on partnerships with local chambers of commerce to disseminate and share flood preparedness information.

3. Expand on outreach to the Asian and Latino communities who live in flood-prone areas.

4. Expand on outreach to “hot spot” flood-prone areas by hosting on-site or virtual events.

5. Expand on reaching local homeowners associations (HOA)s and apartment associations (i.e., Executive Council of Homeowners [ECHO]).

6. Expand on reaching residents in marginal and low-income communities through partnering with organizations that reach these communities (i.e., Second Harvest Food Bank and others).

7. Communities could pursue FEMA Matching Funds Grants for severe Repetitive Loss Areas.

8. Review and expand other public information activities, such as Flood Protection Assistance (Activity 360) and Flood Insurance Promotion (Activity 370).

9. Develop a region-wide Flood Response Preparations (FRP) messaging plan.

The messages that the PPI Committee originally chose are still relevant to Santa Clara County. The committee will continue to increase its efforts to encourage people to prepare personal/family emergency plans and be flood-ready. This will be incorporated into the flood preparedness outreach that is done every fall. The PPI Committee will also continue coordinating efforts with the Valley Water’s Education Outreach Program to promote flood preparedness in local schools.

The PPI Committee recommends continued use of social media for messaging. Mobile usage among individuals has increased exponentially over the years and online platforms are rapidly adjusting to mobile-friendly standards. This provides an excellent opportunity to modernize campaign ad efforts by utilizing social media and digital advertising to increase exposure and reach a greater number of residents in Santa Clara County. Furthermore, these modern advertising methods allow for specialized demographic targeting to allow reaching a narrow and defined audience, improving the ability to effectively reach vulnerable populations.

In support of our preparedness messaging, the PPI Committee will continue to promote the importance of having family emergency plans and emergency kits ready to go before an emergency/flood event occurs.
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In October 2021, Valley Water partnered with Second Harvest Food Bank of Silicon Valley, to distribute 2,000 emergency preparedness starter kits of emergency supplies to underserved communities.

The PPI Committee will continue to promote the American Red Cross All-Hazard App which monitors alerts for severe weather, including floods, and the Floodsmart.gov and Ready.gov websites. The communities will distribute American Red Cross Emergency Contact Cards at events throu ghout the county.

VII. CONCLUSION
Overall, the CRS Users Group/PPI Committee successfully implemented the 2021 PPI in FY22. The 2021 PPI allowed participating communities to mutually decide which flood risk reduction messages are most appropriate and identified means by which messages are delivered. The objectives of participating in the 2021 PPI are to enhance the effectiveness of the flood risk messages to residents, reduce flood risks within the county, and earn valuable CRS credit points when identified projects are implemented by communities.

The CRS Users Group/PPI Committee will continue their work efforts through FY23. _______________________________________________________________________________________________________ Attachments for submission to Valley Water Board, City Councils/Managers, and FEMA as part of 2022 Verification/Recertification Package, as required:

1. Members of the Santa Clara County Multi-Jurisdictional 2021 PPI Committee

2. Appendix A from 2021 SC County Multi-Jurisdictional PPI noting FY22 Project Accomplishments

3. March 10, 2022 Santa Clara County CRS Users Group Meeting Agenda

4. March 10, 2022 Santa Clara County CRS Users Group Meeting Attendance Sheet

5. May 19, 2022 Santa Clara County CRS Users Group Meeting Agenda

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-7-
Table 1. Members of the Santa Clara County Multi-Jurisdictional 2021 PPI Committee Community Local Government
Representative and Alternates External Stakeholders
County of
Santa Clara
Chris Freitas, Sr. Civil Engineer
Neville R. Pereira, PE, Development Services
Manager, Department of Planning and
Development, Floodplain Manager
Marsha Hovey, CADRE Board Chair
Cupertino Chad Mosley, Assistant Public Works Director/City Engineer, Public Works Department, Floodplain
Manager
Jennifer Chu, Senior Civil Engineer
Public Works Department
Jim Oberhofer, Emergency Coordinator
Cupertino ARES/RACES
Gilroy Gary Heap, City Engineer
Public Works Department
Jorge Duran, Senior Civil Engineer, Floodplain
Manager Public Works Department
Merna Leal, City of Gilroy resident
Los Altos Steven Golden, Senior Planner, Floodplain
Manager
Andrea Trese, Associate Civil Engineer
Christopher Wilson,Operations
Manager, Los Altos Suburban District,
California Water Company
Los Altos Hill Carl Cahill, City Manager, Floodplain Manager Nichol Bowersox, Public Works Director/
City Engineer
Christine Hoffmann, Assistant Engineer (DPW)
Phil Witt, General Manager Purissima
Hills Water District
Los Gatos WooJae Kim, P.E, Town Engineer
Parks and Public Works, Floodplain Manager
Annamaria Swardenski, Swardenski
Consulting
Milpitas Steven Erickson, City Engineer/Engineering
Director, Floodplain Manager
Kan Xu, Principal Civil Engineer,
Engineering Land Development Section
Brian Petrovic, Associate Civil Engineer
Engineering Land Development Section
Elizabeth Koo, Administrative Analyst, Engineering
Land Development Section
Warren Wettenstein, Chairman of the
Economic Development & Trade
Commission and President of the
Milpitas Chamber
Morgan Hill Maria Angeles, Senior Civil Engineer, Floodplain Manager, CFM
Charlie Ha, Supervising Civil Engineer
Engineering & Utilities Department
Swanee Edwards, City of Morgan Hill
resident
Mountain View Renee Gunn, Senior Civil Engineer, Public Works Department
Gabrielle Abdon, Assistant Engineer, CFM
Kevin Conant, PG&E
Palo Alto Rajeev Hada, Project Engineer, CFM
Public Works Department, Engineering Services
Division, Floodplain Manager
Dan Melick, CERT Volunteer
City of Palo Alto resident
San José Arlene Lew, Principal Engineering Technician
Vivian Tom, Senior Transportation Specialist
Department of Public Works Development Services
Division
Shari Carlet, City of San José resident,
certified Floodplain Manager
Santa Clara Evelyn Liang, Senior Civil Engineer
Falguni Amin, Principal Engineer
Public Works – Engineering
Kevin Moore, Retired City Council
member
Saratoga David Dorcich, PE, QSP/D, Associate Civil
Engineer, Community Development Department,
Floodplain Manager
Rebecca Gallardo, Real Estate Agent
for Intero, a Berkshire Hathaway Affiliate,
servicing all areas of the Bay Area
Sunnyvale Tamara Davis, Senior Management Analyst Jeff Holzman, Director, Real Estate District Development Google
Agnes Veith, City of Sunnyvale resident
Valley Water Trisha Howard, Program Administrator
Paola Giles, Public Information Representative III
Sherilyn Tran, Office of Civic Engagement Unit
Manager
Nikki Rowe, American Red Cross
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1 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
Community At Large
(CAL)
-Multilingual
Communities
-Groups with Special
Evacuation Needs
-New Residents,
Visitors and Tourists
Topic 1: Know your flood hazard
Message 1A - Know your flood risk
Message 1B - Contact your floodplain manager to find out if your property is in a floodplain
Message 1C - Check if your home or business is in a Special Flood Hazard Area
Topic 2: Insure your property for your flood hazard
Message 2A - Get flood insurance ahead of time
Message 2B – Insure your property
Message 2C – There is a 30-day waiting period for the policy to take place
Topic 3: Protect people from the flood hazard
Message 3A - Put your 3-day emergency kit together
Message 3B - Follow evacuation orders
Message 3C – Learn the best route to high ground
Topic 4: Protect your property from the flood hazard
Message 4A - Protect your property from the flood hazard Message 4B - Prepare your home
Message 4C - Sandbags can offer protection against a foot or less of floodwater
Message 4E - Get sandbags before a flood
Topic 5: Build responsibility
Message 5A - Build responsibly in floodplains
Message 5B - Comply with development requirements
Message 5C - Check with your local floodplain manager before you build Topic 6: Protect natural floodplain functions
Message 6A -Keep creeks clean and flowing
Message 6B - Keep debris and trash out of our streams
Message 6C - Don’t pollute, dump, or drain anything in creeks Educate our community
on flood protection and
preparedness measures
(VW OP #01) Multi-language Countywide Mailer (CWM) to every postal address in Santa Clara County (Topics 1-5 and 7, 8)
Valley Water
Communications
Each late
October or
November
All Santa Clara
County CRS
Communities
Valley Water’s annual August 2021 Countywide Mailer
(CWM) was sent between August 24 - August 27, 2021,
countywide to 735,282 addresses (USPS: ECRWSS -
Extended/Enhanced Carrier Route Walking Sequence
Saturation Postal Customer). The CWM includes flood
protection and preparedness measures information,
including FEMA map reading services, getting flood
insurance, family emergency plans, downloading
emergency preparedness app “Ready SCC,” and where to
get sandbags.

Cupertino supports and promotes Valley Water’s
outreach projects.

Gilroy: A utility bill insert was sent to every address in Gilroy in April 2022.

Los Altos supports and promotes Valley Water’s outreach efforts.

Milpitas: A utility bill insert was sent to every address in Milpitas on 12/10/21. This was sent out in four languages (English, Spanish, Vietnamese and Chinese).

Mountain View sent out Valley Water’s Get Flood Ready
flier as a utility billing insert to every City utility customer between 9/6/2021 and 10/25/2021.

Palo Alto supports and promotes Valley Water’s outreach project.

The City of Santa Clara supports and promotes Valley
Water’s outreach efforts.
1 Message Topics: Outreach Projects (OP): Topic 1 – Know your flood hazard; Topic 2 – Insure your property for your flood hazard; Topic 3 – Protect people from the flood hazard; Topic 4 – Protect your property from the hazard; Topic 5 – Build responsibly; Topic 6 – Protect natural floodplain functions; Topic 7 – Develop a Family Emergency Plan; Topic 8 – Download disaster Apps; Topic 9 – Understand shallow flooding risks – “Don’t drive through standing water.” Flood Response Preparations (FRP): What to Do Before, During and After a Flood/Storm 2 Each September, all deliverables need to be reported to Valley Water for tracking purposes. 3 A stakeholder can be any agency, organization, or person (other than the community itself) that supports the message. Stakeholders can be: an insurance company that publishes a brochures on flood insurance, even if it is set out at City Hall; a local newspaper that publishes a flood or hurricane season supplement each year; FEMA, if, for example, a FEMA brochure is used as an informational material; schools that implement outreach activities; a local newspaper; a neighborhood or civic association that sponsors and hosts a presentation by a community employee; a utility company that includes pertinent articles in its monthly bills; or presentations made by state or FEMA staff at a Risk Map meeting.

ATTACHMENT 2

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2 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
Topic 7: Develop a Family Emergency Plan
Message 7A: Develop an emergency plan
Topic 8: Download disaster Apps
Message 8A - Download disaster emergency apps
Topic 9: Understand shallow flooding risks – don’t drive through standing water
Message 9A - Understand shallow flooding risks - don’t drive through standing water
FEMA’s message: “Turn Around Don't Drown®.”
(VW OP #02) Distributes a soft copy of our Flood Safety Tips brochure for all SCC CRS communities’ use (print hard copies to distribute at events and/or post of flood preparedness webpages) (Topics 1-9)
Valley Water
Communications
Annually,
November/
December
All Santa Clara
County CRS
Communities
Valley Water shared a “Flood Follows Drought 2021-22
Flood Awareness Campaign Media Toolkit" with the CRS
communities in November 2021. The toolkit provided
links to the multilingual floodplain mailer, social media graphics, messages for all nine flood awareness tips (PPI CRS message topics), and blog posts for all Santa Clara County communities to use.

Cupertino distributes copies of Valley Water’s Flood
Safety Tips at various fairs/events (i.e., Earth Day Festival) and provides additional copies for the public on display at City Hall. Cupertino also has a direct link to Valley
Water’s annual mailer and Flood Ready webpage on the
City’s “Citizen Preparedness” webpage.

Los Altos distributes brochures available at city hall, library, and community center. They are also distributed at community events (emergency training, wine stroll,
etc.).

Palo Alto promotes and distributes Valley Water’s Flood Safety Tips at fairs and provides as an informational item on Utility Inserts sent every year.

The City of Santa Clara has hard copy brochures available at city hall and central library. Planning to distribute at yearly art & wine festival as well.
(CUP OP #03) Flood notice in the local newsletter, “The Cupertino Scene” (Topics 1- 9)
City of Cupertino Each October or
November issue
N/A Cupertino published the annual flood preparation article in the November 2021 issue of “The Cupertino Scene”.
(LA OP #04) Two (2) newspapers ads, in the Los Altos Town Crier (Topics 1-5) City of Los Altos Each fall N/A Los Altos published two newspaper ads titled “Assess Your Flood Risk and Flood Insurance Availability” on
10/20/21 and 10/27/21 in the Los Altos Town Crier.
(LAH OP #05) The town’s “Our Town” quarterly newsletter includes information on flood preparedness. The newsletter is mailed out town-wide and is also available online on the town’s website (Topics TBD during cycle visit) Town of Los
Altos Hills
Each fall N/A Town of Los Altos Hills: No update available - non-CRS participating community.
(LAH OP #06) The town distributes various flood preparedness and safety materials at events, including Valley Water’s annual floodplain mailer and promotional item (e.g., emergency starter kits, Get Flood Ready Emergency Supply Checklist tote bags, etc.), FEMA flood insurance information, ReadySCC, and American Red Cross Flood apps, AlertSCC, sandbag guidelines, flood protection project-specific notices, FEMA NFIP materials, and preparedness activity/coloring books, etc.) to the public Town of Los
Altos Hills
Annually, spring
and late
summer
N/A Town of Los Altos Hills: No update available - non-CRS participating community.
(MIL OP #07) “Flood Public Advisory” brochure to community at large (Topics 1-6) City of Milpitas Each December or January
N/A Milpitas: A utility bill insert was sent to every address in Milpitas on 12/10/21. This was sent out in four languages ATTACHMENT 2

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3 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
(English, Vietnamese, Spanish, and Chinese).
(MH OP #08) Sends a citywide “Flood Report” brochure (Topics 1-9) City of Morgan Hill
Annually, close
to or during the
start of the
rainy season
N/A Morgan Hill mailed out citywide the “2021 Flood Report” brochure between 8/26/2021 and 9/2/2021.
(MV OP #09) Sends “The View” citywide newsletter, Winter version, includes information on flood risk, flood safety, and the importance of buying flood insurance (Topics 1-9)
City of Mountain
View
Fall newsletter
edition
N/A Mountain View published the Volume 2, 2021 edition of the View in September 2021 that featured information on flood awareness, flood insurance, and preparing for the winter storm.
(MV OP #10) Mails a utility bill insert to all resident and businesses that contains information on flood risk, flood safety, and the importance of buying flood insurance (Topics 9)
City of Mountain
View
Between July -
September
N/A Mountain View sent out Valley Water’s Get Flood Ready flier as a utility billing insert to every City utility customer between 9/6/2021 and 10/25/2021.
(PA OP #11) Sends the “Are You Ready for Winter Storms?’ flier (aka utilities insert) to all residents and businesses in the City, along with their utility bills (Topics 1-9) City of Palo Alto Each Fall N/A Palo Alto sent “Are You Ready for Winter Storms?” fliers to all residents and businesses along with their utility bills in September 2021.
(PA OP #12) Sends out utility announcement, “Anytime it can rain, it can flood.

Don’t get caught off-guard” (Topics 1, 2,3, 4, 5, 6, 7, & 9 – will pursue adding other topic)
City of Palo Alto Each
March/April
N/A Palo Alto sent a utility announcement as an informational announcement on utility bills in March 2021.
(PA OP #13) The city distributes various flood preparedness and safety documents, including FEMA NFIP materials for public/policyholders
City of Palo Alto Year Round N/A Palo Alto distributes flood preparedness documents every year during the Earth Day event and Palo Alto’s MSC
Open House.
(SC OP #14) Mails out a citywide newsletter for residents and businesses called “Inside Santa Clara” (Topics 1-9)
City of Santa
Clara
Each fall N/A Santa Clara: Citywide newsletter was sent to residents and is available on the city website in November 2022.

Educate our community
on flood protection and
preparedness measures
Increase in ‘hits’ on
Valley Water and
communities Flood
Protection Resources
webpage
____________________
__
These website projects
are credited under
Activity 350 – Flood
Protection Information,
element c). Flood
protection website
(WEB),
(VW OP #15) Flood Ready webpage: Flood & Safety, Flood Protection Resources, includes floodplain and countywide mailers
https://www.valleywater.org/floodready
Valley Water Year Round All Santa Clara
County CRS
Communities
Valley Water’s flood protection resources landing page
includes the most current version of the annual floodplain and countywide mailers.

Cupertino’s Flood Section under the “Citizen
Preparedness” webpage has a link that redirects to Valley Water’s Flood Ready landing page.

Gilroy’s “Flood Management” and “Emergency
Preparedness” web pages link to Valley Water’s Flood
ready landing page.

Los Altos’ “Floodplain Management Information” web
page links to Valley Water’s Flood Ready web page.

Palo Alto’s “Flood Information and Winter Storm
Preparedness” webpage redirects to Valley Water’s Flood Ready landing page.

ATTACHMENT 2

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4 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
not credited under
Activity 330
Note: To receive any
WEB credit, the
community’s website
must meet the following
criteria:

The community must
check the website’s links
at least monthly, and fix
those that are no longer
accurate. At least
annually, the community
must review the content
to ensure that it is still
current and pertinent
(ALL OP #16) All communities’ website flood protection resources webpage includes language that contains the three additional PPI priority messages noted below:

7. Develop an emergency plan

8. Download disaster apps

9. Understand shallow flooding risks––don’t drive through standing water All Santa Clara
County
Communities
Year Round N/A Valley Water’s flood protection resources landing page includes the top 6 CRS priority topic messages, as well as the 3 additional messages identified in the 2021 PPI (page 45).

Cupertino’s Flood Section under the “Citizen
Preparedness” webpage includes the CRS 9 topics.

Gilroy’s “Emergency Preparedness” webpage includes the
CRS 9 topics. Additionally, several posts on Email Express and social media were shared with this messaging.

Morgan Hill’s “Flood Information, Floodplain
Management” webpage includes a link to the “2021 Flood
Report” that includes the CRS 9 topics.

Palo Alto’s utility insert includes all three additional PPI priority messages, and the Flood Information and Winter Storm Preparedness website has a link to the utility insert which shows the three additional PPI.

City of Santa Clara’s “Flood Protection Information” web page includes resources for preparedness.
(SCC OP #17) Hosts a “Storm and Flood Information and Resources” webpage available for all residents in the county, includes re-directing to www.floodsmart.gov https://www.sccgov.org/sites/opa/Pages/storm.aspx Santa Clara
County Office of
Public Affairs
Year Round N/A Santa Clara County: No update available - non-CRS participating community
(SCC OP #18) Hosts a “Flood Safety Information” webpage, includes re-directing to www.valleywater.org/floodready https://cpd.sccgov.org/flood-safety-information Santa Clara
County
Consumer
Protection
Division
Year Round N/A Santa Clara County: No update available - non-CRS participating community
(SCC OP #19) Hosts a “Be a Prepared Community Member” webpage that includes emergency preparedness information
https://emergencymanagement.sccgov.org/be-prepared-community-member Santa Clara
County Office of
Emergency
Management
Year Round N/A Santa Clara County: No update available - non-CRS participating community
(SCC OP #20) Hosts a “People with Access and Functional Needs (AFN)” webpage https://emergencymanagement.sccgov.org/people-access-and-functional-needs- afn
Santa Clara
County Office of
Emergency
Management
Year Round N/A Santa Clara County: No update available - non-CRS participating community
ATTACHMENT 2

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5 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
(CUP OP#21) Hosts a “Citizen Preparedness” webpage that includes emergency preparedness information, includes re-directing to Valley Water’s www.valleywater.org/floodready webpage
https://www.cupertino.org/residents/community-services-programs/emergency- services/citizen-preparedness
City of Cupertino
Office of
Emergency
Services
Year Round N/A Cupertino continues to maintain the Flood Section under the “Citizen Preparedness” webpage, including a link that redirects to Valley Water’s Flood Ready webpage.
(GIL OP #22) The city hosts an “Emergency Preparedness” webpage Emergency Preparedness | Gilroy, CA - Official Website (cityofgilroy.org) (listed in Appendix B) City of Gilroy
Fire Department
Year Round N/A Gilroy continues to maintain an “Emergency Preparedness” webpage, including a link that redirects to Valley Water’s Flood Ready landing page, the National
Weather Service webpage, and the City’s Flood
Management webpage. The Emergency Preparedness
webpage is reviewed once a month and updated as
needed.
(LA OP #23) The city’s Public Works Department hosts a ‘Flood Zone Information’ webpage on its website (listed in Appendix B)
https://www.losaltosca.gov/publicworks/page/flood-zone-information City of Los Altos
Public Works
Department
Year Round N/A Los Altos: The webpage is updated as needed. The webpage has been updated and new URL is:
https://www.losaltosca.gov/publicworks/page/floodplain
-management-information
(LAH OP #24) The town hosts a “Flood Information” webpage on the town’s website. This webpage includes information on the PPI nine topics, including a supporting message. The webpage redirects to the following key resource websites: www.valleywater.org/floodready , www.floodsmart.org , www.ready.gov , and www.weather.gov
Town of Los
Altos Hills
Year Round N/A Town of Los Altos Hills: No update available - non-CRS participating community
(LG OP #25) The town’s website encourages residents and businesses to purchase flood insurance and redirects visitors to www.floodsmart.gov Town of Los
Gatos
Year Round N/A Town of Los Gatos: No update available - non-CRS participating community
(MIL OP #26) The city’s’ website has a “Flood Information” webpage that contains information on several of the PPI message topics; the webpage also redirects to Valley Water, FEMA, NOAA, www.floodsmart.gov , www.Ready.gov , and USGS webpages
The city’s website also has a “Important Flood Hazard Information” webpage that contains information on several of the PPI message topics; the webpage also redirects to Valley Water, FEMA, NOAA, www.floodsmart.gov (listed in Appendix B) https://www.ci.milpitas.ca.gov/milpitas/departments/engineering/flood- information/
City of Milpitas
Engineering
Department
Year Round N/A Milpitas: On-going. Link:
https://www.ci.milpitas.ca.gov/milpitas/departments/en
gineering/flood-information/
(MH OP #27) The city’s website has a “Flood Information, Floodplain Management” webpage that contains city’s flooding information which redirects to their Floodplain Management page and includes a link to the city’s annual “Flood Report.” The webpage redirects Valley Water’s flood ready webpage and also contains FEMA flood information http://www.morgan-hill.ca.gov/747/Flood- Information
Floodplain Management | City of Morgan Hill, CA - Official Website City of Morgan
Hill
Engineering Land
Development
Year Round N/A Morgan Hill’s “Flood Information, Floodplain Management” webpage includes a link to the “2021 Flood
Report” brochure.

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6 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
(MH OP #28) The city’s website has an “Emergency Preparedness’ webpage (listed in Appendix B) http://www.morgan-hill.ca.gov/133/Emergency-Preparedness City of Morgan
Hill Police
Department
Year Round N/A Morgan Hill continues to maintain its “Emergency Preparedness” webpage. In February 2021, a link to the City’s Office of Emergency Services’ (OES) ” Do 1 Thing” emergency preparedness campaign was added to the
“Emergency Preparedness” webpage. The “Do 1 Thing” is
a 12-month program with a goal of assisting the
community to be better prepared for emergencies and
disasters.
(MV OP #29) Hosts a “Flood Protection and Insurance Information” webpage on its website (listed in Appendix B)
www.mountainview.gov/depts/pw/flood_protection.asp
City of Mountain
View Public
Works
Department
Year Round N/A Mountain View continues to maintain its flood protection webpage.sa
(PA OP #30) Hosts a “Floodplain Management” webpage (listed in Appendix B) https://www.cityofpaloalto.org/gov/depts/pwd/stormwater/floodzones.asp City of Palo Alto
Public Works
Department
Year Round N/A Palo Alto has a “Floodplain Management” webpage that has all relevant information regarding flood plain
management topics.
(PA OP #31) Hosts a “Flood Safety Tips” webpage www.cityofpaloalto.org/storms; flood_safe_11-16.cdr (cityofpaloalto.org)
City of Palo Alto
Public Works
Department
Year Round N/A Palo Alto’s “Flood Information and Winter Storm Preparedness Webpage” has links to the “Flood Safety
Tips” flier.
(PA OP #32) Hosts a ‘Creek Monitor’ webpage (listed in Appendix B) https://www.cityofpaloalto.org/gov/depts/pwd/creek_monitor/default.asp City of Palo Alto
Public Works
Department
Year Round N/A Palo Alto hosts a real time creek monitor webpage that warns residents of imminent danger of flooding.
(PA OP #33) Hosts a “Flood Information and Winter Storm Preparedness” webpage which contains useful information for flood readiness (listed in Appendix B) https://www.cityofpaloalto.org/services/public_safety/flood_information_winter_s torms/default.asp
City of Palo Alto
Office of
Emergency
Services
Year Round N/A Palo Alto’s “Flood Information and Winter Storm preparedness” website has useful information on flood
preparedness for before storm, during storm and after
storm.
(SJ OP #34) The city’s webpages includes a “Flood Hazard Zones” webpage which includes information of flood preparedness https://www.sanjoseca.gov/your- government/departments/public-works/development-services/floodplain- management
City of San Jose
Public Works,
Development
Services
Year Round N/A San Jose: Website includes flood zone and flood smart information
(SC OP #35) The city’s “Flood Protection Information” webpage contains valuable information on flood related topics https://www.santaclaraca.gov/our- city/departments-g-z/public-works/engineering/flood-protection (also listed in Appendix B)
City of Santa
Clara
Year Round N/A Santa Clara: Website is updated and maintains flood topic information
(SAR OP #36) The city’s website encourages residents/businesses to purchase flood insurance and redirects visitors to www.floodsmart.gov City of Saratoga Year Round N/A Saratoga: No update available - non-CRS participating community
(SAR OP #37) The city has a “Staying Safe, Winter Storms” webpage. They have also linked the city’s Winter Storms webpage to Valley Water’s Flood Ready webpage https://www.saratoga.ca.us/218/Winter-Storms
City of Saratoga Year Round N/A Saratoga: No update available - non-CRS participating community
(SUN OP #38) The city has a “Flood Protection” webpage Sunnyvale, CA - Flood Protection (listed in Appendix B)
City of Sunnyvale Year Round N/A Sunnyvale: The City continues to maintain its flood protection website.

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7 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
Topics 1-9 and supporting messages
Flood Awareness Media Campaign, including social media
Educate our community
on flood protection and
preparedness measures
(VW OP #39) Conducts a flood awareness media campaign, reaching the community at large, including our multilingual community. Many of the Santa Clara County CRS Communities recognize Valley Water’s Flood Awareness Campaign and link it on their community’s flood information web page and redirect to Valley Water’s Flood Ready webpage (Topics 1-9)
Campaign features social media videos and postings on various platforms (i.e.

Facebook, Twitter, Instagram, Nextdoor, etc.), digital banners, newspaper advertorials, radio ads, billboards, utility bill inserts for communities to use, communities redirect to ValleyWater.org/FloodReady and television/mobile ads targeting residents who live in flood-prone areas and multilingual ethnic communities
Valley Water
Communications
Annually, for
the duration of
the rainy
season,
typically from
November to
April
All Santa Clara
County CRS
Communities
Valley Water: In addition to social media outreach, in lieu of a Flood Awareness Campaign, Valley Water mailed out
3 targeted pieces to addresses in the SFHA. All outreach projects included the 9 CRS topics and were
multilanguage.

1. FPM – 60,790 were printed; 4,450 were given to the
cities/county (Public Works and Planning Departments)
between December 2021 – February 1, 2022; 54,790
were mailed on December 13-14, 2021; The FPM is
posted on Valley Water’s website

2. Postcard – 55,000 were printed; 52,502 were mailed on 10/29/21 (need soft copy of postcard)

3. “You Live in a Flood Zone – Do You Know What to Do
Before, During, and After a Flood?” trifold: 54,790
mailed on January 11, 2022
We received the results of the 2021-22 Flood Awareness
Probolsky Poll. The results below point to an effective campaign that was less expensive than general
advertising, yielding a savings of about $150,000 with
stronger results. Going forward, direct mailings to the FEMA SFHA seem to be a good outreach strategy for the
flood awareness campaign vs. targeted advertising.

Some highlights:
භ 28% increase in those who believe that Valley Water
is doing an excellent job in keeping them informed
of a flood (now 87% believe we do an excellent,
good or fair job).
භ 10% increase in food zone awareness over last year
(now at 50-60% awareness).
භ 32% increase in recall of flood mailings vs. last year (now at 59% reach) with good recall amongst
Spanish, Mandarin and Vietnamese speakers.
භ 58% of respondents clearly understood our 3 main
calls to action (find your risk, get flood insurance,
develop a plan).
භ 12% increase in respondents who believe they have
taken all steps to be ready for a flood (now at 76%).
භ 11% increase in respondents who have flood
insurance (now at 51%).
භ 64% Believe home is prepared for a flood (100% of
Chinese, 75% of Vietnamese believe they are ready).
භ 100% of high-risk residents in mobile home parks are
aware of our messaging.

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8 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
භ Very good results amongst Asian respondents on all
areas of polling.

Areas for growth:
භ We have an opportunity for future outreach to
renters of both single-family homes and multi-family
units.

Los Altos included an insert provided by Valley Water to all residents and businesses via a refuse collection bill insert in October and December 2021.
(VW OP #40) As part of the flood awareness campaign, a ‘Get Flood Ready, Social Media and Web Resources Guide’ is provided to all cities/county in Santa Clara County for their use as part of their outreach efforts
Valley Water Upon the
completion of
the annual FPM
All Santa Clara
County CRS
Communities
Valley Water: Provided all cities/county its social media and web resources guide in November 2021.

Cupertino posted a series of social media posts during
Flood Preparedness Week in October 2021 using Valley
Water’s guide.

Los Altos has included links to the flood awareness
campaign web resources in electronic newsletters during FY2022.

Palo Alto has Valley Water’s Flood Awareness Campaign
linked on the City’s Flood Information and Winter Storm Preparedness website.

City of Santa Clara has posted social media posts for flood awareness week in Fall 2021.
(SCC OP #41) Shares Valley Water’s digital social media resource links during the flood season. The “Floods Follow Fires. Are you Ready?” and “Got Sandbags” messages redirect to Valley Water’s website. Messages are used on social media, short form newsletter, short form email, web, and Nextdoor Santa Clara
County Office of
Emergency
Management
Year Round N/A Santa Clara County: No update available - non-CRS participating community
(CUP OP #42) Recognizes the robust social media campaign led by Valley Water and has linked the city’s main flood preparation webpage to Valley Water’s Flood Ready webpage
City of Cupertino Year Round N/A Cupertino continues to maintain the Flood Section under the “Citizen Preparedness” webpage, including a link that redirects to Valley Water’s Flood Ready webpage.
(GIL OP #43) The city recognizes Valley Water’s Flood Awareness Campaign and has linked the city’s main flood webpage to Valley Water’s Flood Ready webpage City of Gilroy Year Round N/A Gilroy: The “Emergency Preparedness” and Public Works “Flood Management” webpage both link to Valley
Water’s Flood Ready webpage.
(LAH OP #44) The town recognizes Valley Water’s Flood Awareness Campaign and has linked the town’s main flood webpage to Valley Water’s Flood Ready webpage Town of Los
Altos Hills
Year Round N/A Town of Los Altos Hills: No update available - non-CRS participating community
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9 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
(LG OP #45) Recognizes Valley Water’s Flood Awareness Campaign and has linked the Town’s main flood webpage to Valley Water’s Flood Ready webpage Town of Los
Gatos
Year Round N/A Town of Los Gatos: No update available - non-CRS participating community
(MV OP #46) The city does a social media notification about storm preparation for winter storms ahead of time. The notification directs residents to their “Flood Protection and Insurance Information” webpage. The city has also linked the city’s webpage to Valley Water’s Flood Ready webpage
City of Mountain
View
Year Round N/A Mountain View shared a Facebook post in October 2021 regarding preparing for the upcoming rain. A post
regarding flood preparedness was featured in our email
distribution “City Hall Connection” in celebration of Flood Preparedness Week in October 2021.
(SC FRP #47) City publishes social media posts, on Facebook, Twitter, and other platforms, focused on safety
The city has prepared a pre-flood plan (FRP) for public information projects that will be implemented before, during, and after a storm/flood, as well as identifying who is responsible for posting these messages, what type of events they apply to, what social media platforms to post to and how often
City of Santa
Clara Office of
Emergency
Services
During the
storm season
N/A Santa Clara: Information was posted on social media for flood awareness week led by city streets division
(SJ OP #48) Recognizes Valley Water’s Flood Awareness Campaign and has linked the city’s main flood webpage to Valley Water’s Flood Ready webpage. Keeps Valley Water’s floodplain mailer static location at City Hall for residents to pick-up and is also distributed at various events throughout the year City of San Jose Year Round N/A San Jose: Floodplain mailer available at City Hall and website linked to Valley Water’s Flood Ready webpage.
(SAR OP #49) Recognizes Valley Water’s Flood Awareness Campaign and has linked the city’s main flood webpage to Valley Water’s Flood Ready webpage City of Saratoga Year Round N/A Saratoga: No update available - non-CRS participating community
(SAR OP #50) The city does a social media notification about storm preparation for winter storms ahead of time
City of Saratoga Year Round N/A Saratoga: No update available - non-CRS participating community
(SUN OP #51) The city actively posts flood safety and preparedness messaging through social media platforms (i.e., Facebook and Twitter) City of Sunnyvale
Environmental
Services
During the rainy
season
(October –
March)
N/A Sunnyvale: City staff posted information to Facebook regarding keeping the storm drain clear to prevent
clogging.

Topics 1-9 and supporting messages
Community Events – Distribute flood preparedness materials to the community
Educate our community
on flood protection and
preparedness measures
Increase in ‘hits’ on
Valley Water and cities
Flood Protection
Resources pages and
improve Valley Water’s
Flood Campaign results
Residents less stress
during emergencies and
(VW OP #52) Copies of Valley Water’s multilanguage floodplain mailer is made available to all Santa Clara County CRS Communities to disseminate at various events, including keeping the mailer static in lobby areas for visitors to pick-up.

Valley Water attends various communities’ events/fairs throughout the county and disseminates flood readiness materials, including various FEMA flood-related publications and Valley Water flood ready materials (Topics 1– 9) Valley Water Annually,
September -
May
All Santa Clara
County CRS
Communities
Valley Water’s multilanguage (English, Spanish, Chinese, and Vietnamese) annual FPM were provided to all Santa
Clara County city/county Public Works and Planning
Departments between December 2021 - February 1,
2022. The FPM is posted on our website.
60,790 FPMs were printed: 54,790 were mailed to
addresses in the SFHA on December 13-14, 2021; 4,450
provided to the cities/county (Public Works and Planning Departments) between December 2021 - February 1,
2022; and remaining copies were used as needed by
Valley Water CRS, Communications and Government
Relations staff.

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10 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
better prepared before a
flood event
Cupertino distributes copies of Valley Water’s Floodplain Mailer at various fairs/events and provides additional
copies for the public on display at City Hall.

Los Altos has mailer available at city hall and public
library. During FY2022, events were limited due to
COVID-19.

Palo Alto distributes Valley Water’s multi-language
floodplain mailer during fairs during Earth Day event and Palo Alto’s Open House every year.

Santa Clara: Fliers and additional information are
currently at city hall and public library.
(CUP OP #53) Distributes flood readiness outreach materials at various events/ facilities
City of Cupertino Year Round, as
needed
N/A Cupertino distributes copies of Valley Water’s Floodplain Mailer and other promotional items provided by Valley
Water at various fairs/events and provides additional
copies of the mailer for the public on display at City Hall. (GIL OP #54) Participates in two fair/events: Gilroy Garlic Festival (GF) and city’s Public Works Week Community Open House (PWWCOH)
City of Gilroy End of July (GF)
Typically, in
May
(PWWCOH)
N/A Gilroy: There was no Garlic Festival or Public Works Week Community Open House in 2021, so no materials were
distributed.
(LAH OP #55) Hosts two events - Earth Day (ED) and the Town Picnic (TP) Town of Los Altos Hills
Annually, Spring
(ED) and late
Summer (TP)
N/A Town of Los Altos Hills: No update available - non-CRS participating community
(MIL OP #56) Distributes FEMA flood-related publications at various events City of Milpitas Year Round N/A Milpitas: Ongoing. Distributed at the most recent event “Holiday Magic” which was held in December 2021.
(MV OP #57) The city participates Mountain View Art & Wine Festival (MVA&WF) and Thursday Night Live (TNL) and distributes flood preparedness information City of Mountain
View
Each
September
(MVA&WF)
Months of
June/July (TNL)
Valley Water Mountain View: Due to COVID restrictions these events did not happen or were modified from the previous years.

Therefore, we were not able to distribute the materials. If COVID restrictions allow, we plan to resume attendance
and distribution of materials in future years.
(PA OP #58) Staff hosts a flood readiness table at city’s annual Earth Day (ED) event and at the city Municipal Corporation Open House (MCOH). Upon request, the city also participates in other fairs and promotes flood readiness, including Creekwise mailer/brochure
City of Palo Alto Each April (ED)
and July
(MCOH)
Can vary
depending on
requests made
to City to
support fairs
Palo Alto hosts a flood readiness table at the Earth Day Event and City Municipal Corporation Open House. The
City distributes flood readiness fliers during the event. (SJ OP #59) Staff hosts and participates in the ‘Building Permits and Home Safety Open House.’ The city’s also hosts ‘Pumpkins in the Park’ event which Valley Water staff participates in and promotes flood preparedness
City of San Jose Each May and
October
Valley Water San Jose: City hosts annual Building and Home Safety open house. However, this year’s event is on hold due to COVID-19 pandemic.

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11 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
(SC OP #60) City hosts a flood readiness table at the Art & Wine Festival. Valley Water also sponsors a table at the festival promoting flood preparedness and distributes various flood readiness materials to the community City of Santa
Clara
Each
September
N/A Santa Clara: In progress with this year’s Art & Wine festival which is in fall
Topic 3: Protect people from the flood hazard
Message 3A - Put your 3-day emergency kit together
Message 3B - Follow evacuation orders
Message 3C – Learn the best route to high ground
Topic 9: Understand shallow flooding risks – don’t drive through standing water
Message 9A - Understand shallow flooding risks - don’t drive through standing water
FEMA’s message: “Turn Around Don't Drown®.”
Less damage due to the
floods; improve sandbag
distribution
Fewer accidents and
rescues
(SUN OP #61) City has permanent “Road May Flood” street signs in areas of the City prone to flooding and promotes the “Flood Zone Look Up” featured on the city’s website
City of Sunnyvale Year Round N/A Sunnyvale: Ongoing. City staff still promote the use of the “Flood Zone Lookup.”
Topic 4: Protect your property from the flood hazard
Message 4A - Protect your property from the flood hazard Message 4B - Prepare your home
Message 4C - Sandbags can offer protection against a foot or less of floodwater
Message 4E - Get sandbags before a flood
Topic 5: Build responsibility
Message 5A - Build responsibly in floodplains
Message 5B - Comply with development requirements
Message 5C - Check with your local floodplain manager before you build Increase in inquiries on
retrofitting measures.

Decrease the number of
repairs and elevations
without permits.

Increase number of
repairs with permits
Ensure people who are
interested in protecting
their property from
flooding are getting the
help they need
Keep families safe
(CUP OP #62) The city offers Flood Protection Assistance, Property Protection Advice. Staff provides in-person flood risk consultation at the front counter and/or site visits when requested
City of Cupertino Year Round N/A Cupertino: Ongoing. The City maintains a log of FEMA- related requests.
(MIL OP # 63) The city offers Flood Protection Assistance, Property Protection Advice and provides in-person flood risk consultation at the front counter City of Milpitas Year Round N/A Milpitas: Ongoing. City maintains logs of FEMA-related requests.
(SC OP #64) The city offers Flood Protection Assistance, Property Protection Advice City of Santa Clara
Year Round N/A Santa Clara: On-going per requests to the city Topic 6: Protect natural floodplain functions
Message 6A -Keep creeks clean and flowing
Message 6B - Keep debris and trash out of our streams
Message 6C - Don’t pollute, dump, or drain anything in creeks Cleaner streams and
fewer dumping
violations
Fewer debris blockages
during high-flow events
Drainage inspectors
report fewer calls and a
decrease in the amount
of trash removed
(VW OP #65) “Do Not Dump”/illegal dumping message is sent each year to all Santa Clara County residents in Valley Water’s CWM and FPM
Valley Water
Communications
Each late
October or
November
(CWM)
Each
November/
December
(FPM)
All Santa Clara
County CRS
Communities
Valley Water’s FY22 FPM included the 'Do Not Dump'
messaging. Additionally, Valley Water’s website flood
ready landing page contains ‘Do not pollute, dump, or
drain anything in creeks’ under the Before a Flood
section. https://www.valleywater.org/flooding-
safety/flood-ready/flood-safety-advice
Valley Water hosted Coastal Cleanup Day (CCD) on
September 18, 2021 (Results: 913 people participated;

99.5 distance cleaned miles; 28,084.76, includes
recyclables, weight of trash collected; 1,346.90 weight of recyclables collected), and National River Cleanup Day
(NRCD) on May 21, 2022 (Results: 596 people
participated; 36.07 distance cleaned miles; 22,695.04
includes recyclables, weight of trash collected; 2,569.57 weight of recyclables collected). Several of our CRS
communities participated.
https://cleanacreek.org/past-results-2/
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12 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
Cupertino’s Flood Section under the “Citizen
Preparedness” webpage has a link to Valley Water’s
Floodplain Mailer. The City also includes the “Do Not
Dump” messaging in The Cupertino Scene’s annual flood
preparedness article.

Palo Alto has Valley Water’s CWM and FPM linked on the
City’s Flood Information and Winter Storm Preparedness
website.
(VW OP #66) “Do Not Dump” signs placed by waterways/channels Valley Water O&M
Year Round N/A Valley Water’s Operations & Maintenance continues its practice of placing ‘Do Not Dump’ signs on waterways/
channels.
(VW OP #67) Lists Pollution Hotline number in all Project Notices Valley Water Communications
Year Round N/A Valley Water’s project notices lists the pollution hotline number. https://www.valleywater.org/project-
updates/your-neighborhood
(SCC OP #68) Storm Drain Stenciling/Medallion Program Santa Clara County
Year Round All Santa Clara
County CRS
Communities
Palo Alto installs Storm Drain Stenciling/Medallion on all public right of way catch basin and inlets.

City of Santa Clara: Stenciling/Medallion installed on
public catch basins/inlets.

Santa Clara County: No update available - non-CRS
participating community.
(SUN OP #69) The city’s “Horizon” newsletter, includes Do Not Dump messaging City of Sunnyvale Annually, fall N/A Sunnyvale: The City still produces the Horizon newsletter and includes a “Do Not Dump” message.
(ALL OP #70) Developments that are modifying or constructing new catch basins/storm drains/inlets are required, per the below-noted permits, to stencil the “No Dumping! Flows to Bay.” In addition, some of these cities require all bid documents for capital projects which are modifying or constructing new catch basins, and require the contractors to install the same stencil. The program is also highlighted on cities’ websites.
ඵ South County municipalities are subject to the statewide “Phase II” NPDES Permit
ඵ North County municipalities are subject to the SF Bay Municipal Regional Stormwater NPDES Permit
All Year Round N/A Valley Water mark’s each inlet with a “No Dumping! Flows to Bay” message on Valley Water properties.

Gilroy requires all new storm inlets and catch basins to include a stencil or medallion with no dumping, flows to creek/waterway language for development projects.

Morgan Hill requires all storm drain inlets and catch
basins within the project area of development
applications to be stenciled with prohibitive language
(such as: “NO DUMPING – DRAINS TO CREEK”) and/or
graphical icons to discourage illegal dumping.
(CUP OP #71) The city’s annual flood notice in the local newsletter, ‘The Cupertino Scene,’ contains dumping is illegal messaging and how to report City of Cupertino Annually,
October -
November
N/A Cupertino includes the “Do Not Dump” messaging in The Cupertino Scene’s annual flood preparedness article.

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13 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
(CUP OP #72) Participates in clean-up events: the annual National River Clean-up Day (NRCD) and Coastal Clean-Up Day (CCD). They coordinate with Valley Water on both these clean-up efforts. The city also participates in Valley Water’s Adopt-a- Creek Program
City of Cupertino Each May
(NRCD) and
September
(CCD)
Volunteers
Valley Water
Stream
Stewardship
Cupertino participated in Coastal Clean-Up Day on
9/18/21 at Calabazas Creek. Cupertino also helped to
advertise and support Valley Water’s “virtual” cleanups (cleaning up your own neighborhood) every Saturday in
May 2021.
(LAH OP #73) The town participates in annual clean-up events: National River Clean-up Day (each May) and Coastal Clean-up Day (each September) and coordinates volunteers. They coordinate with Valley Water on both these clean-up efforts. The town also participates in Valley Water’s Adopt-a-Creek Program Town of Los
Altos Hills
Each May
(NRCD) and
September
(CCD)
Volunteers
Valley Water
Stream
Stewardship
Town of Los Altos Hills: No update available - non-CRS
participating community.
(MIL OP #74) “Flood Public Advisory” brochure contains dumping is illegal messaging and how to report
City of Milpitas Each December
or January
N/A Milpitas: The City’s flood advisory utility bill insert has information about illegal dumping and how to report it. (MIL OP #75) Participates in annual clean-up events: National River Clean-up Day (NRCD) and Coastal Clean-Up Day (CCD). They coordinate with Valley Water on both these clean-up efforts. The city also participates in Valley Water’s Adopt-a- Creek Program
City of Milpitas Each May
(NRCD) and
September
(CCD)
Volunteers
Valley Water
Stream
Stewardship
Milpitas: CCD held as a hybrid in-person group and
individual led in September 2021. NRCD is planned for
May 2022 with two cleanup locations.
(MH OP #76) “Flood Report” contains message on keeping debris and trash out of streams – Do Not Dump messaging
City of Morgan
Hill
Annually, close
to or during the
start of the
rainy season
N/A Morgan Hill’s “2021 Flood Report” brochure contained the messages “Keep debris and trash out of our streams” and “It’s illegal to dump into our creeks”.
(PA OP #77) “Are You Ready for Winter Storms?” utilities insert contains the Do Not Dump and report illegal dumping messages
City of Palo Alto Each fall N/A Palo Alto includes Do Not Dump and Report Illegal Messages on City’s utility insert.
(PA OP #78) Utility bill insert includes a ‘Utility Announcement on Flood Safety Tips,’ including Protect natural floodplains - keep rain gutters and drainage channels free of debris
City of Palo Alto Annually,
March-April
N/A Palo Alto includes Protect Natural Floodplains-keep rain gutters and creeks free of debris messages on flood
safety tips sent as Utility Announcement and the flier sent as an attachment on utility bills every year.
(PA OP #79) Participates in annual clean-up events: National River Clean-up Day (NRCD) and Coastal Clean-Up Day (CCD). They coordinate with Valley Water on both these clean-up efforts. Additionally, the city participates in Valley Water’s Adopt-a-Creek Program
City of Palo Alto Each May
(NRCD) and
September
(CCD)
Volunteers
Valley Water
Stream
Stewardship
Palo Alto participates every year during National River Clean-up Day on Matadero and Adobe Creek. Palo Alto
also participates in the multi-jurisdictional effort on creek clean-up of San Francisquito Creek.
(PA OP #80) Clean-ups of trash booms located in Matadero Creek and Adobe Creek are done annually on an as-needed basis. The city also assesses its hot spots and cleans up the local drainage system on an ongoing basis and part of its operations and maintenance
City of Palo Alto Annually,
as needed
N/A Palo Alto City staff clean-ups trash booms on Matadero Creek and Adobe Creek, assess hot spots and clean ups
on an ongoing basis on the entire City’s storm drain
network system.
(SUN OP #81) “Horizon” newsletter includes a “Know How to Be FloodSafe” article that promotes the Do Not Dump message
City of Sunnyvale Each October,
Fall Edition
N/A Sunnyvale: The City still includes a “flood Safe” message in the fall Horizon.

Residents and
Businesses in the
Topic 1: Know your flood hazard
Message 1A - Know your flood risk
Message 1B - Contact your floodplain manager to find out if your property is in a floodplain
Residents/businesses in
the SFHA are aware
they’re in the SFHA and
prepare before floods
(VW OP #82) Multi-language floodplain mailer (FPM) to all residents and businesses within the SFHA in Santa Clara County (Topics 1– 9)
Valley Water Each
November/
December
All Valley Water’s multi-language (English, Spanish, Chinese, and Vietnamese) FY 21-22 FPM was sent to all SC County
parcels in the FEMA SFHA; 54,790 FPMs were mailed on
December 13-14, 2021.

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14 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
Special Flood Hazard
Area (SFHA)
-Low Lying Areas, Along
Rivers and Creeks
-Coastal Communities at
Risk for Sea Level
Rise/Tsunamis
-Repetitive Loss (RL)
Areas
Message 1C - Check if your home or business is in a Special Flood Hazard Area
Topic 2: Insure your property for your flood hazard
Message 2A - Get flood insurance ahead of time
Message 2B – Insure your property
Message 2C – There is a 30-day waiting period for the policy to take place
Topic 3: Protect people from the flood hazard
Message 3A - Put your 3-day emergency kit together
Message 3B - Follow evacuation orders
Message 3C – Learn the best route to high ground
Topic 4: Protect your property from the flood hazard
Message 4A - Protect your property from the flood hazard Message 4B - Prepare your home
Message 4C - Sandbags can offer protection against a foot or less of floodwater
Message 4E - Get sandbags before a flood
Topic 5: Build responsibility
Message 5A - Build responsibly in floodplains
Message 5B - Comply with development requirements
Message 5C - Check with your local floodplain manager before you build Topic 6: Protect natural floodplain functions
Message 6A -Keep creeks clean and flowing
Message 6B - Keep debris and trash out of our streams
Message 6C - Don’t pollute, dump, or drain anything in creeks Topic 7: Develop a Family Emergency Plan
Message 7A: Develop an emergency plan
Topic 8: Download disaster Apps
Message 8A - Download disaster emergency apps
Topic 9: Understand shallow flooding risks – don’t drive through standing water
Message 9A - Understand shallow flooding risks - don’t drive through standing water
FEMA’s message: “Turn Around Don't Drown®.”
Increase in number of
flood insurance policies
in the SFHAs and RLAs in
the county in general
Prospective buyers
understand flood risks
Increase number of
elevation certificates on
file, and structures
repaired with permits;
decrease the number of
repetitive loss increase
homes
Increase in the number
of flood insurance
policies with contents
coverage
Los Altos supports this effort.
(CUP OP #83) Flood notice in the local newsletter, The Cupertino Scene, which reaches residents and businesses in the SFHA (Topics 1-9) City of Cupertino Each October or
November issue
N/A Cupertino published the annual flood preparation article in the November 2021 issue of “The Cupertino Scene”.
(LA OP #84) Letter, along with a “Are You Prepared for a Flood in Your Neighborhood?” brochure to property owners in the SFHA (Topics 1-8) City of Los Altos Annually, each
fall
N/A Los Altos: A utility bill insert was sent out to all residential customers in October and all commercial customers in
December via Mission Trail (Refuse Collection partner). A letter to all SFHA property owners will be sent during
FY2022.
(LAH OP #85) The town’s “Our Town” quarterly newsletter includes information on flood preparedness. The newsletter is mailed out town-wide and is also available online on the town’s website (Topics TBD during cycle visit) Town of Los
Altos Hills
Each fall N/A Town of Los Altos Hills: No update available - non-CRS participating community.
(MIL OP #86) “Flood Public Advisory” brochure to residents and businesses within SFHA (Topics 1-6)
City of Milpitas Each December
or January
N/A Milpitas: A utility bill insert was sent to every address in Milpitas on 12/10/21. This was sent in four languages
(English, Vietnamese, Spanish and Chinese).
(MH OP #87) Sends a citywide “Flood Report” brochure, including to those in the SFHA (Topics 1-9)
City of Morgan
Hill
Annually, close
to or during the
start of the
rainy season
N/A Morgan Hill’s “2021 Flood Report” brochure was sent out citywide.
(MV OP #88) Sends “The View” citywide newsletter, Winter version, includes information on flood risk, flood safety, and the importance of buying flood insurance (Topics 1-9)
City of Mountain
View
Fall newsletter
edition
N/A Mountain View published the Volume 2, 2021 edition of the View in September 2021 that featured information on flood awareness, flood insurance, and preparing for the winter storm.
(MV OP #89) Mails a utility bill insert to all resident and businesses that contains information on flood risk, flood safety, and the importance of buying flood insurance (Topics 9)
City of Mountain
View
Between July -
September
N/A Mountain View sent out Valley Water’s Get Flood Ready flier as a utility billing insert to every City utility customer between 9/6/2021 and 10/25/2021.
(PA OP #90) Sends the “Are You Ready for Winter Storms?’ flier (aka utilities mailer) to all residents and businesses in the city, including to those in the SFHA, along with their utility bills (Topics 1-9)
City of Palo Alto Each fall N/A Palo Alto sent “Are you Ready for Winter Storms?” flier as utility inserts during fall of 2021.
(PA OP #91) Sends out utility announcement, “Anytime it can rain, it can flood.

Don’t get caught off-guard” (Topics 1, 2,3, 4, 5, 6, 7, & 9 – will pursue adding other topic)
City of Palo Alto Each
March/April
N/A Palo Alto sent flood safety tips as a utility announcement in March 2021.
(SC OP #92) Mails out a citywide, including all addresses in the SFHA, newsletter for residents and businesses called “Inside Santa Clara” (Topics 1-9) City of Santa
Clara
Each fall N/A Santa Clara: Newsletter was sent on November 1, 2021, and available on City website.

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15 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
(SUN OP #93) Sends two (2) mailers and one (1) “Horizon” newsletter article “Know How to Be Flood Safe” that promotes flood safety and flood preparedness messaging targeted to all residents and businesses within the SFHA (Topics 2 and 4) City of Sunnyvale Each fall around
October
N/A Sunnyvale: The City still sends out mailers to targeted residents and a flood safe newsletter article.
(SUN OP #94) Sends mailer to all those in the SFHA (Topics 1-4, and 7) City of Sunnyvale Each October N/A Sunnyvale: The City still sends out these mailers. The mailers were sent October 2021.

Topic 2: Insure your property for your flood hazard
Message 2A - Get flood insurance ahead of time
Message 2B – Insure your property
Message 2C – There is a 30-day waiting period for the policy to take place
Increase in number of
flood insurance policies
in the SFHAs, RLAs, and
in the county in general
Prospective buyers
understand flood risks
Increase in the number
of flood insurance
policies with contents
coverage
(SCC OP #95) Sends letters to the properties in the unincorporated section in the areas of the county’s mapped repetitive loss areas
Santa Clara
County
Annually, each
fall
N/A Santa Clara County: No update available - non-CRS
participating community.
(CUP OP #96) Continues to send a letter to former repetitive loss properties City of Cupertino Annually, mid- year
N/A Cupertino continues to send out an annual letter to former repetitive loss properties.
(MH OP #97) Sends a notice to repetitive loss (RL) areas as required by FEMA City of Morgan Hill
Annually, each
summer
N/A Morgan Hill sent letters to properties in the City’s mapped repetitive loss areas in July 2021.
(PA OP #98) Sends letters to the properties in the city’s mapped repetitive loss areas, highlighting flood safety tips
City of Palo Alto Annually,
typically August
- September
N/A Palo Alto sent letters to properties in the City’s mapped repetitive loss areas, highlighting flood safety tips in August 2021.
(SJ OP #99) Sends letters to the properties in the city’s mapped repetitive loss areas City of San Jose Annually, each typically
between
September -
December
N/A San Jose: Letters sent to general repetitive loss property areas in March 2022.

Messengers to Other
Target Audiences
(Organizations &
Businesses Serving the
Community)
Topic 1: Know your flood hazard
Message 1A - Know your flood risk
Message 1B - Contact your floodplain manager to find out if your property is in a floodplain
Message 1C - Check if your home or business is in a Special Flood Hazard Area
Topic 2: Insure your property for your flood hazard
Message 2A - Get flood insurance ahead of time
Message 2B – Insure your property
Message 2C – There is a 30-day waiting period for the policy to take place
Topic 3: Protect people from the flood hazard
Message 3A - Put your 3-day emergency kit together
Message 3B - Follow evacuation orders
Message 3C – Learn the best route to high ground
Topic 4: Protect your property from the flood hazard
Message 4A - Protect your property from the flood hazard Message 4B - Prepare your home
Educate our community
on flood protection and
preparedness measures
by working and
coordinating with groups
who serve as
messengers, to people
who are at risk of
flooding, as they provide
their respective business
service
(VW OP #100) Administers a “Let’s Talk Water” Speakers Bureau Program that customizes presentations to update groups on specific issues provide updates on Valley Water projects, including flood protection projects and to educate residents on existing flood risks as well as provide resources and tips to be flood ready. https://www.valleywater.org/learning-center/lets-talk-water-speakers-bureau Valley Water
Communications
Unit
On a project-
specific basis or
as requested
Could vary from
year-to-year
Kiwanis
Rotary Clubs
Homeowners
and
Neighborhood
Associations
Forum Groups
Association of
Realtors
Valley Water’s ‘Let’s Talk Water’ Speakers Bureau
Program is active and available to the community.

General presentations discuss Valley Water’s flood
protection, including flood preparedness and awareness, and our creeks and ecosystems. Customized
presentations for groups on specific issues are also
available.
(VW OP #101) Participates in booth duty support at various events and fairs throughout the county, including Valley Water Capital project meetings or other events, as reque
sted by various organizations
Valley Water
Office of
Government
Relations
Annually.

During the
flood season
(starting in
September –
May)
All Santa Clara
County CRS
Communities
Valley Water did not undertake booth support during
FY22 due to the COVID-19 pandemic.
(VW OP #102) Partner with local Second Harvest Food Bank with distributing FEMA and Valley Water flood preparedness materials, including promotional item(s) as available
Valley Water CRS
Program
In October
(during CFPW)
Second Harvest
Food Bank of
Silicon Valley
Valley Water partnered with Second Harvest Food Bank
(SHFB) of Silicon Valley in October 2021. 2,000 ‘Get Flood Ready’ emergency starter kit donations were distributed by SHFB on behalf of all Santa Clara County CRS
communities.

ATTACHMENT 2

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16 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
Message 4C - Sandbags can offer protection against a foot or less of floodwater
Message 4E - Get sandbags before a flood
Topic 5: Build responsibility
Message 5A - Build responsibly in floodplains
Message 5B - Comply with development requirements
Message 5C - Check with your local floodplain manager before you build Topic 6: Protect natural floodplain functions
Message 6A -Keep creeks clean and flowing
Message 6B - Keep debris and trash out of our streams
Message 6C - Don’t pollute, dump, or drain anything in creeks Topic 7: Develop a Family Emergency Plan
Message 7A: Develop an emergency plan
Topic 8: Download disaster Apps
Message 8A - Download disaster emergency apps
Topic 9: Understand shallow flooding risks – don’t drive through standing water
Message 9A - Understand shallow flooding risks - don’t drive through standing water
FEMA’s message: “Turn Around Don't Drown®.”
(ALL OP #103) Other New Initiatives (as noted in the PPI document)

1. Continue and expand the standardized flood message prepared for each community to include flood messages in utility bills each year, including PG&E.

2. Expand on partnerships with local chambers of commerce to disseminate and share flood preparedness information.

3. Expand on outreach to the Asian and Latino communities who live in flood prone areas.

4. Expand on outreach to “hot spot” flood prone areas by hosting on-site or virtual events.

5. Expand on reaching local homeowners associations (HOA)s and apartment associations (i.e. Executive Council of Homeowners [ECHO])

6.Expand on reaching residents in marginal and low-income communities through partnering with organizations that reach these communities. (i.e. Second Harvest Food Bank and others)

7. Communities could pursue FEMA Matching Funds Grants for severe Repetitive Loss Areas.

8. Review and expand other public information activities, such as Flood Protection Assistance (Activity 360) and Flood Insurance Promotion (Activity 370).

9. Develop a region-wide Flood Response Preparations (FRP) messaging plan.

All TBD TBD Valley Water, as the lead agency for the Santa Clara County CRS Group/PPI Committee, included the ‘New
Initiative’ topic for discussion on its August 2021,
March 10, 2022, and May 19, 2022 meeting agendas.

The following new initiatives were accomplished in FY22:
1). Valley Water continues to offer assistance to all
communities for standardizing flood messaging to include as a utility bill insert.
5). Valley Water’s ‘Let's Talk Water: Speakers Bureau
Program offers presentations on the history of the district and how we operate and includes information on flood
preparedness. Presentations can be customized for
groups, as requested.
6). Due to the COVID-19 pandemic, countywide in-person
community events in FY22 were postponed or canceled.

Instead, Valley Water partnered with Second Harvest
Food Bank of Silicon Valley to distribute 2,000 emergency preparedness starter kits of emergency supplies to
underserved communities in October 2021.
9). At the May 19, 2022 CRS Users Group/PPI Committee
Meeting, this initiative was discussed. The idea was to develop an FRP similar to the one submitted by the City of Santa Clara for which full FRP credit was yielded. As we are looking at the feasibility of regionalizing the CRS Program for our area, this initiative will be evaluated in conjunction with the Feasibility Study being conducted. (CUP OP #104) The city provides a Winter Preparedness notification informing contractors that during the winter season, they need to winterize their project(s) site as certain soil disturbance activities are not allowed during the rainy season City of Cupertino On a project-
specific basis
Various
contractors
Cupertino continues to prepare and mail the rainy season letters every year to applicable projects. These letters were mailed in late August 2021.
(MIL OP#105) On a project-specific basis, the city provides contractors a Winter Preparedness notification that informs them that during the winter season, they need to winterize their project(s) site. Certain soil disturbance activities are not allowed during the rainy season
City of Milpitas On a project-
specific basis
Various
contractors
Milpitas: On-going. The City of Milpitas will be sending out winterization notices to larger development projects this winter.

ATTACHMENT 2

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17 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
These projects are
credited under Activity
340 (DFH and REB) –
Additional credit is
provided if the PPI states
that real estate agents
should (or have agreed
to) advise house hunters
about the flood hazard
and that real estate
agents give house
hunters a REB brochure
(SJ OP #108) Sends out letters to real estate and insurance agencies and lenders, informing them of their responsibility to identify flood hazard areas and to take advantage of the Flood Zone Lookup on the city’s website on the “Flood Hazard Zones webpage and advises to contact the city for map reading services and elevation certificates on file
City of San Jose At the
beginning of
the flood
season
(September –
December)
Real Estate
Agencies/Agent
San Jose: Email letters to real estate, insurance agencies and lenders in January 2022.
(SUN OP #109) Sends mailer/postcard targeted to real estate agents informing them of the client’s responsibility for identification and purchase of flood insurance and the availability of the automatic 15% discount
City of Sunnyvale Each October Real Estate
Agencies/Agents
Sunnyvale: The City sent the mailers to real estate agents September 2021.

ATTACHMENT 2

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Packet Pg. 485 Attachment: Santa Clara County PPI Annual Evaluation Report for FY22 (3911 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for

Purpose: PPI Stakeholder Committee Annual Evaluation Meeting to monitor the Implementation of the 2021 Santa Clara County Multi-Jurisdictional Program for Public Information per Activity 330, Outreach Project, Element 332.c. Program for Public Information (PPI), Step 7 requirement (See page 2 of this agenda) Outcome: 2021 PPI Annual Evaluation Report, Year 1 of 5 (See page 2 of this agenda) Section Meeting Topic Presenter Time

1. Introductions All 10 min

2. Review of the meeting Purpose and Outcome Merna Leal 2 min

3. 350 – Flood Protection Information
Element c). Flood Protection Website (WEB):
x Monthly (links) and annual review (content) of communities’ Flood Information landing page
Merna Leal 2 min

4. Best practices for the Verification Cycle Visit - Discussion by Insurance Services Office (ISO)
Addendum to the 2017 CRS Coordinators Manual (Edition: 2021) Effective January 1, 2021
-Class 8 New Prerequisite: Enforcement of a freeboard
standard for residential buildings
-Class 6 Updated Prerequisite: New subsection inserted
-Class 9 New/modified Prerequisite: Subsection (3) replaced, and first sentence of Subsection (5) replaced
Need to see all higher NFIP regulations marked up in community’s ordinance or regulations
Correlate Open Spaces with required parcel spreadsheet(s) Heidi Carlin, ISO
CRS Specialist 5 min

5. 2021 Multi-Jurisdictional Program for Public Information (PPI) Annual Evaluation Report, Year 1 of 5
Assess whether the desired outcomes were achieved and what, if anything, should be changed
Which communities have adopted the PPI? Conformed/enacted copy should be in Egnyte; please upload and send copy to VW Using the 2021 PPI and Activity 330 Outreach Project worksheets provided on 5/20/21, discuss how communities will submit updates to Valley Water for consolidating report input
Communities’ updates due by next CRS Users Group Meeting or sooner
All 45 min

6. Next meeting – Joint CRS Users Group/Program for Public Information (PPI) Committee Meeting All 2 min

7. Adjourn
For questions, please contact Merna Leal at (408) 630-2366 or [email protected] Agenda
Santa Clara County CRS Users Group & Program for Public Information (PPI) Committee Meeting March 10, 2022 _ 1-3 p.m.

Zoom Meeting
https://valleywater.zoom.us/j/88438590277?pwd=VDBFbWs5aEVBSlAyQ2FaT3BValNoZz09&from=addon Meeting ID: 884 3859 0277 | Passcode: 568494 | +1 669 900 9128 US (San Jose) ATTACHMENT 3

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Excerpts from the CRS Coordinator’s Manual, Activity 330 |Edition: 2017 ATTACHMENT 3
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66DQWD&ODUD&RXQW\&568VHUV*URXS33,&RPPLWWHH0HHWLQJ$WWHQGDQFH6KHHW March 10, 2022
1:00 - 3:00pm
Zoom
Attendees
Name (Original Name)Guest
Merna Leal, Valley Water No
Sherilyn Tran, Valley Water No
Warren Wettenstein, Milpitas External Stakeholder Yes
Brian Petrovic, Milpitas Yes
Evelyn Liang, Santa Clara Yes
Lea Velasco, Sunnyvale Yes
Christian Tran, Santa Clara Yes
Maria Angeles, Morgan Hill Yes
Amy Fonseca, Valley Water No
Vency Woo, Los Altos Yes
Heidi M. Carlin, CFM - ISO Yes
Jennifer Chu, Cupertino Yes
Gabrielle Abdon, Mountain View Yes
Arlene Lew, San Jose Yes
Renee Gunn, Moutain View Yes
Marlene Jacobs - ISO Yes
Roberto Alonzo, Milpitas Yes
Rajeev Hada, Palo Alto Yes
Suzanne Park, Sunnyvale Yes
Elizabeth Koo, Miplitas Yes
Vivian Tom, San Jose Yes
Steve Golden, Los Altos Yes
Gary Heap, Gilroy Yes
Daryl Jordan, Gilroy Yes
Tamara Davis, Sunnyvale Yes
Steven Erickson, Milpitas Yes
David Dorcich, Saratoga Yes
Peter Pirnejad, Town of Los Altos Hills Yes
Quorum Met: Missing communities, County of Santa Clara, Town of Los Gatos ATTACHMENT 4

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+1 669 900 9128 US (San Jose)
Purpose: PPI Stakeholder Committee Annual Evaluation Meeting to monitor the Implementation of the 2021 Santa Clara County Multi-Jurisdictional Program for Public Information per Activity 330, Outreach Project, Element 332.c. Program for Public Information (PPI), Step 7 requirement Outcome: 2021 PPI Annual Evaluation Report, Year 1 of 5 Section Meeting Topic Presenter Time

1. Introductions Amy Fonseca 10 min

2. Review of the meeting goals and agenda Amy Fonseca 5 min

3. FY21-22 Flood Awareness Campaign new approach: targeted outreach items to all addresses in the FEMA SFHA
FY22-23 Flood Awareness Campaign
Paola Giles 20 min

4. Public Event Giveaway Items (All)
x Emergency starter kits Amy Fonseca 5 min

5. California Flood Preparedness Week (October 2022)
x Statewide Agency Coordination Calls leading up to
CFPW (kicks off mid-May to early June 2022)
x Annual Valley Water Board Resolution
x Flood event kits for all cities/county
x Lobby display example
Amy Fonseca 20 min

6. Complete development of the 2021 Multi-Jurisdictional Program for Public Information (PPI) Annual Report, Year 1 of 5 Note: Due during 5-year cycle visit or as part of annual re- certification, due 8/1/22)
Merna Leal 30 min

7. Activity 350 – Flood Protection Information
x Annual comprehensive review of communities’ flood
information websites
Amy Fonseca 5 min

8. Other items
x ISO training - TBD Amy Fonseca 5 min

9. Adjourn
For questions, please contact Amy Fonseca at (408) 630-3005 (office) or (408) 691-8889 (cell) or [email protected]
Agenda
Santa Clara County CRS Users Group & Program for Public Information (PPI) Committee Meeting May 19, 2022 _ 10:00am – 12:00 noon
Join Zoom Meeting
https://valleywater.zoom.us/j/82332622770?pwd=bVBXa3pYcG54Y2d6WjRzMEFxVzB3dz09 Meeting ID: 823 3262 2770
Passcode: 174435
ATTACHMENT 5

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46 7.8.a
Packet Pg. 489 Attachment: Santa Clara County PPI Annual Evaluation Report for FY22 (3911 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for

66DQWD&ODUD&RXQW\&568VHUV*URXS33,&RPPLWWHH0HHWLQJ$WWHQGDQFH6KHHW May 19, 2022
10:00 - 12:00noon
Zoom
Name (Original Name)Guest
Merna Leal (Valley Water)No
Amy Fonseca (Valley Water)No
Gabrielle Abdon (City of Mountain View)Yes
Lea Velasco (City of Sunnyvale)Yes
Meghan Azralon (Valley Water)No
Christian Tran (City of Santa Clara)Yes
Paola Giles (Valley Water)No
Falguni Amin (City of Santa Clara)Yes
David Dorcich (City of Saratoga)Yes
Elizabeth Koo (City of Milpitas)Yes
Gary Heap (City of Gilroy)Yes
Vivian Tom (City of San Jose)Yes
Jenn Chu (City of Cupertino)Yes
Darrell Wong (Santa Clara County)Yes
Roberto Alonzo (City of Milpitas)Yes
Steve Golden (City of Los Altos)Yes
Rajeev Hada (City of Palo Alto)Yes
Peri Newby (City of Campbell)Yes
Brian Petrovic (City of Milpitas)Yes
Swanee Edwards (City of Morgan Hill Ext. Stakeholder)Yes Renee Gunn (City of Mountain View)Yes
Quorum Met: Missing communities, Town of Los Altos Hills, Town of Los Gatos ATTACHMENT 6

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47 7.8.a
Packet Pg. 490 Attachment: Santa Clara County PPI Annual Evaluation Report for FY22 (3911 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for

City of Gilroy

STAFF REPORT
Agenda Item Title: Purchase of Five Dodge Durango Police Pursuit Vehicles Via Alameda County Tag-On Bid Process (Master Contract
No. 902035)
Meeting Date: August 15, 2022
From: Jimmy Forbis, City Administrator
Department: Administrative Services
Submitted By: LeeAnn McPhillips, Administrative Services/HR Director/Risk Manager
Prepared By: LeeAnn McPhillips, Administrative Services/HR Director/Risk Manager

Strategic Plan Goals

☐ Develop a Financially
Resilient Organization

☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities

☐ Promote Safe,
Affordable Housing for All

☐ Maintain and Improve
City Infrastructure

RECOMMENDATION

Approve the Purchase of Five (5) Dodge Durango Police Pursuit Vehicles in the Amount of $276,825.55 from MY Jeep-Chrysler-Dodge-Ram Utilizing Alameda County Tag-On Bid Process and Authorize the City Administrator to Execute All Necessary Purchase Documents.

EXECUTIVE SUMMARY

7.9 Packet Pg. 491

Consistent with the adopted budget for FY 22 and FY 23, the Fleet Division budgeted for six police pursuit vehicles to replace aging vehicles in the City’s fleet. One vehicle was purchased in FY 22 and is being prepared for deployment. The remaining five vehicles had not been purchased due to lack of available vehicles primarily impacted by the chip shortage and Covid. Staff recently received notification of a short window to place an order for five 2023 police pursuit vehicles under a tag-on bid process issued by Alameda County. If the City does not act quickly to place the order, all of the 2023 police pursuit vehicles will be taken by other departments and it will be difficult to secure vehicles later in the year.

BACKGROUND

The City has not purchased any new police pursuit vehicles since FY 19. Gilroy’s police pursuit vehicles are heavily utilized and experience significant wear and tear. The Fleet Division services and repairs police vehicles to keep vehicles in a safe condition and ready for the high use deployment, however, the vehicles reach a point where they need to be replaced hence the budgeted vehicle replacements for FY 22 and FY 23.

Due to the limited availability of police pursuit vehicles at this time, staff researched the available cooperative bidding processes available to local government agencies like Gilroy to take advantage of purchasing power to get the most competitive pricing. In the course of this research, the City identified the tag-on bid available through the County of Alameda (Master Contract Number 902035). This tag-on bid was utilized for the single police vehicle purchased in FY 22 which allowed the Police Department to obtain a needed vehicle at a competitive price negotiated through the tag -on bid process. Any dealer can compete in the competitive bid process; however, a very competitive pricing structure must be included for a dealer to be awarded the bid. Dealers will offer very competitive pricing to focus on volume sales. MY Jeep-Chrysler-Dodge-Ram in Salinas was awarded the Alameda County bid following a competitive bidding process.

Staff did reach out to a local Gilroy dealership to see if similar pricing could be obtained, but at the time the dealer could not place orders for the vehicles needed. Since that time, the dealer has not contacted us with vehicle availability or updated pricing. Given the short window of time for orders to be placed to secure 2023 police pursuit vehicles, the best option is to take advantage of the Alameda County tag -on bid with a Salinas dealership in our region.

ANALYSIS

Police personnel that utilize the police pursuit vehicles on a daily basis developed specifications for the vehicles needed. The purchase will be for five 2023 Dodge Durango Pursuit vehicles. The cost per vehicle is $55,365.11 for a tota l expenditure of $276,825.55. The profit mark-up is a very competitive $2,500 per vehicle. Working with the Government Sales Manager at MY Jeep-Chrysler-Dodge-Ram in Salinas, an order for the five vehicles is now pending Council approval.

7.9 Packet Pg. 492

Due to the current limited inventory of police pursuit vehicles and the competitive pricing structure, other affordable alternatives are not feasible at this time.

FISCAL IMPACT/FUNDING SOURCE

A total of $481,000 is budgeted for six PD vehicle purchases in the adopted F Y 22 and FY 23 budget that was approved by Council in June 2021. As mentioned above, only one vehicle has been purchased thus far. As part of the mid -cycle budget adjustments staff will be asking to carry-forward the unspent FY22 fleet replacement budget to FY23.

As such, if approved, the purchase of these vehicles will be charged to the Fleet Fund in the amount of $276,825.55.

NEXT STEPS

With Council’s approval, staff will move forward with the purchase of the police pursuit vehicles. At this time, we do not have a firm delivery date, however, we estimate receipt of the vehicles in about six months. Once the vehicles are received, inspected, and accepted, the vehicles are outfitted for the Gilroy Police Department use and deployed in the field.

Attachments:

1. Gilroy PD quote for Five 2023 Dodge Durango Pursuit 08-02-22

2. Gilroy PD POC 2023 Durango Pursuit AWD 08-02-22

7.9 Packet Pg. 493

Gilroy Police Department August 2, 2022 Attn: Juan Rocha, Captain

Formal quote: Five 2023 Dodge Durango Pursuit AWD SUV:

Powertrain: 5.7L Hemi V-8, 8-speed automatic and AWD with a two speed transfer case

Colors: Black and white exterior with black cloth interior

Options: See attached configuration preview

$46,460.00 = vehicle invoice price before profit mark-up, paint, taxes and fees $2,500.00 = Alameda County profit mark-up
$1,600.00 = painted white roof and two doors
$85.00 = doc fees
$4,621.36 = City of Gilroy 9.125% sales tax
$30.00 = DMV filing fee (exempt plates)
$8.75 = tire tax
$60.00 = delivery to Gilroy
---------------
$55365.11 = total cost per unit

$276,825.55 = total cost for five units

An order for these vehicles will be submitted upon receipt of a purchase order from the City of Gilroy. Ordering has not opened for these models yet, but ordering should be available soon. The factory will not guarantee production of these vehicles. I suggest getting the purchase order as soon as possible so the order can be submitted as soon as possible.

Thank you for the opportunity to provide this quote for your consideration.

Denis Greathead, Government Fleet Sales Manager
MY Jeep-Chrysler-Dodge-Ram / MY Chevrolet / Nissan-Kia
600 Auto Center Circle
Salinas, CA 93907
831-320-6519

7.9.a
Packet Pg. 494 Attachment: Gilroy PD quote for Five 2023 Dodge Durango Pursuit 08-02-22 (3927 : Purchase of Budgeted Police Pursuit Vehicles)

Note: This is not an invoice. The prices and equipment shown on this priced order confirmation are tentative and subject to change or correction without prior notice. No claims against the content listed or prices quoted will be accepted. Refer to the vehicle invoice for final vehicle content and pricing. Orders are accepted only when the vehicle is shipped by the factory.

MY JEEP CHRYSLER DODGE
600 AUTO CENTER CIR Configuration Preview
SALINAS, CA 939072503
Date Printed:2022-08-02 7:10 PM VIN:Quantity:1
Estimated Ship Date:VON:Status:BA - Pending order
FAN 1:006Y5 CITY OF GILROY,

CALIFORNIA
FAN 2:

Client Code:

Bid Number:TB3054
Sold to:Ship to:PO Number:

MY JEEP CHRYSLER DODGE (24199)MY JEEP CHRYSLER DODGE (24199) 600 AUTO CENTER CIR 600 AUTO CENTER CIR
SALINAS, CA 939072503 SALINAS, CA 939072503
Vehicle:2023 (WDEE75)
Sales Code Description MSRP(USD)
Model:WDEE75 41,415
Package:22Z Customer Preferred Package 22Z 0
EZH 5.7L V8 HEMI MDS VVT Engine 2,995
DFD 8-Spd Auto 8HP70 Trans (Buy)0
Paint/Seat/Trim:PXJ DB Black Clear Coat 0
APA Monotone Paint 0
*C5 Cloth Bucket Seats w/ Shift Insert 0
-X9 Black 0
Options:MAF Fleet Purchase Incentive 0
ADL Skid Plate Group 330
MT8 Delete Liftgate Badge 0
XDG Passenger Side Ballistic Door Panel 2,600
XDV Driver Side Ballistic Door Panel 2,720
GXF Entire Fleet Alike Key (FREQ 1)160
CW6 Deactivate Rear Doors/Windows 85
LNA Black Right LED Spot Lamp 580
4DH Prepaid Holdback 0
LNF Black Left LED Spot Lamp 610
4ES Delivery Allowance Credit 0
5N6 Easy Order 0
4FM Fleet Option Editor 0
4FT Fleet Sales Order 0
171 Zone 71-Los Angeles 0
4EA Sold Vehicle 0
Non Equipment:4FA Special Bid-Ineligible For Incentive 0 Bid Number:TB3054 Government Incentives 0
Discounts:YG1 7.5 Additional Gallons of Gas 0
Destination Fees:1,595
Total Price:53,090
Order Type:Fleet PSP Month/Week:

Scheduling Priority:1-Sold Order Build Priority:99

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7.9.b
Packet Pg. 495 Attachment: Gilroy PD POC 2023 Durango Pursuit AWD 08-02-22 (3927 : Purchase of Budgeted Police Pursuit Vehicles)

Salesperson:

Customer Name:

Customer Address:

USA
Instructions:

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7.9.b
Packet Pg. 496 Attachment: Gilroy PD POC 2023 Durango Pursuit AWD 08-02-22 (3927 : Purchase of Budgeted Police Pursuit Vehicles)

City of Gilroy

STAFF REPORT
Agenda Item Title: Award of Contract to CSG Consultants for the Design of the Gourmet Alley and Railroad Alley Pedestrian and
Bicycle Beautification Improvements Project (No. 22-RFP- PW-478) in the amount of $343,240 with a Project
Contingency of $34,760 (~10%) and Approve a Project
Expenditure of $378,000
Meeting Date: August 15, 2022
From: Jimmy Forbis, City Administrator
Department: Public Works Department
Submitted By: Daryl Jordan, PE, Public Works Director
Prepared By: Daryl Jordan, PE, Public Works Director

Strategic Plan Goals

☐ Develop a Financially
Resilient Organization

☐ Ensure Neighborhood
Equity from City
Services
 Promote Economic
Development
Activities

☐ Promote Safe,
Affordable Housing for All

☐ Maintain and Improve
City Infrastructure

RECOMMENDATION

a) Adopt a resolution of the City Council of the City of Gilroy amending the budget for the City of Gilroy for Fiscal Year 2022 -2023 and appropriating proposed expenditure amendments.

b) Award a contract to CSG Consultants in the amount of $343,240 with a project contingency of $34,760 (approximately 10%) for the design of the Gourmet Alley and Railroad Alley Pedestrian and Bicycle Beautification Improvements Project, No. 22-RFP-PW-478 and authorize the City Administrator to execute the contract and

8.1 Packet Pg. 497

associated documents.

EXECUTIVE SUMMARY

The Department of Public Works requires the assistance of consultants for engineering and design support services for the Gourmet Alley and Railroad Alley Pedestrian and Bicycle Beautification Improvements Project.

Staff solicited a Request for Proposal (RFP) for On -Call Engineering and Design Support Services. Staff recommends proceeding with CSG Consultants, the only firm that submitted a proposal to provide these services.

Staff is proposing Council adopt a resolution to amend the budget for fiscal year 2022-2023 and increase appropriations in Fund 487 (Downtown Beautification) by $343,240 plus $34,760 as contingency, approximately 10%, for a total of $378,000 too fully fund the design of the project.

BACKGROUND

The City of Gilroy was awarded a $3.9 million grant in March of 2022 from the California Department of Transportation (“Caltrans”) Clean California Local Grant Program. The grant is for cleanup events and infrastructure improvements along Gourmet Alley and Railroad Alley.

The grant will transform these important alleyways into clean, well-lit, walkable corridors that connect the public to both the city’s main transit center and the City Cultural Arts Center. The spaces will be beautified by paving the alleys with marked paths for walkers and bikers, adding shade, benches, wayfinding signage and waste and recycling receptacles becoming a source of community pride.

The project’s scope of work includes the development of Plans, Specifications, and Engineer’s Estimate (PS&E) to provide infrastructure improvements funded by the grant that include lighting, landscape, and surface improvements. Additional scope provided upon request includes Project Management, Bid Support Services, and Construction Support Services.

ANALYSIS

On July 8, 2022, staff issued a Request for Proposals (RFP) for on-call engineering and design support services to eleven (11) prospective consultants on the approved list. Out of the eleven prospective consultants, only o ne proposal was received from CSG Consultants. Staff speculates that only one proposal was received due to the short advertisement period of two weeks. This was done to expedite the project design in order to meet the project’s grant timelines. Based on staff’s review of qualifications, experiences, and cost proposal, staff recommends that the City Council award the contract to CSG Consultants in the amount of $343,240 plus $34,760 as contingency,

8.1 Packet Pg. 498

approximately 10%, for a total amount of $378,000. CSG Consultants has been the City’s contractor providing staff augmentation services in the past for the Capital Improvement Program (CIP) and currently for on-call engineering plan review services; staff has been pleased with CSG’s performance over the years.

ALTERNATIVES

City Council can reject the award of this contract with CSG Consultants. Staff does not recommend this option as it could jeopardize the grant funds and delay the project.

FISCAL IMPACT/FUNDING SOURCE

The total proposal from CSG Consultants is $343,240 with optional services included.

Staff recommends including $34,760 as contingency, approximately 10%, addressing unforeseen issues that may arise during the design process, for a total design allocation of $378,000. The actual cost of the construction for the project will be determined through a competitive construction bid process.

Staff will invoice Caltrans for a reimbursement in grant funds for the design costs as they are incurred. Staff recommends that the City Council adopt the attached resolution to amend the budget for Fiscal Year 2022-2023, increasing appropriations in Fund 487 (Downtown Beautification) for the full amount of the grant award, $3,960,765.

CONCLUSION

Staff recommends that City Council approve the award of a contract with CSG Consultants for the design of the Gourmet Alley and Railroad Alley Pedestrian and Bicycle Beautification Improvements Project and authorize the City Administrator to execute the contract and associated documents.

NEXT STEPS

Upon Council’s approval, the contract will be executed, and staff will work with the consultant to develop a final design schedule to begin design activities in August 2022.

Attachments:

1. CSG_Agreement 22-RFP-PW-478

2. Resolution Fund 487 Budget Amendment

8.1 Packet Pg. 499

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AGREEMENT FOR SERVICES
(For contracts over $5,000 - CONSULTANT)

This AGREEMENT made this August day of 15, 2022, between:

CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California
and CONSULTANT: CSG Consultants, having a principal place of business at 3150 Almaden Expressway #255, San Jose, CA 95118.

ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on 8/15/22 and will continue in effect through 6/30/24 unless terminated in accordance with the provisions of Article 7 of this Agreement.

Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall terminate this Agreement regardless of any other provision stated herein. ______ Initial
ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONSULTANT is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties acknowledge that CONSULTANT is not an employee for state or federal tax purposes.

CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY’S employees, including, without limitation, disability or unemployment insurance, workers’ compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONSULTANT shall retain the right to perform services for others during the term of this Agreement.

ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT
A. Specific Services
CONSULTANT agrees to: Perform the services as outlined in Exhibit “A” (“Specific Provisions”) and Exhibit “B” (“Scope of Services”), within the time periods described in Exhibit “C” (“Milestone Schedule”).

B. Method of Performing Services
CONSULTANT shall determine the method, details and means of performing the above-described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONSULTANT’S services.

8.1.a
Packet Pg. 500 Attachment: CSG_Agreement 22-RFP-PW-478 (3850 : Award of Contract to CSG Consultant for the Design of Gourmet Alley)

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C. Employment of Assistants
CONSULTANT may, at the CONSULTANT’S own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONSULTANT’S assistants in the performance of those services. CONSULTANT assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding.

D. Place of Work
CONSULTANT shall perform the services required by this Agreement at any place or location and at such times as CONSULTANT shall determine is necessary to properly and timely perform CONSULTANT’S services.

ARTICLE 4. COMPENSATION
A. Consideration
In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event however shall the total compensation paid to CONSULTANT exceed $343,240 (including optional tasks).

B. Invoices
CONSULTANT shall submit invoices for all services rendered.

C. Payment
Payment shall be due according to the payment schedule set forth in Exhibit “D”. No payment will be made unless CONSULTANT has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit “A”, Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties.

D. Expenses
CONSULTANT shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against CONSULTANT and all other of CONSULTANT’S costs of doing business. CITY shall not be

8.1.a
Packet Pg. 501 Attachment: CSG_Agreement 22-RFP-PW-478 (3850 : Award of Contract to CSG Consultant for the Design of Gourmet Alley)

-3- 4835-2267-0361v1 LAC\04706083
responsible for any expenses incurred by CONSULTANT in performing services for CITY, except for those expenses constituting “direct expenses” referenced on Exhibit “A.” ARTICLE 5. OBLIGATIONS OF CONSULTANT
A. Tools and Instrumentalities
CONSULTANT shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent any tools, equipment or services from CITY.

B. Workers’ Compensation
CONSULTANT agrees to provide workers’ compensation insurance for CONSULTANT’S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys’ fees, arising out of any injury, disability, or death of any of CONSULTANT’S employees.

C. Indemnification of Liability, Duty to Defend

1. As to professional liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, to the extent arising or resulting directly or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property.

2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, arising or resulting directly or indirectly from any act or omission of CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property.

D. Insurance
In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum

8.1.a
Packet Pg. 502 Attachment: CSG_Agreement 22-RFP-PW-478 (3850 : Award of Contract to CSG Consultant for the Design of Gourmet Alley)

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coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements set forth below. Professional Liability Insurance written on a claims made basis (including without limitation the initial policy obtained and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five (5) years after the completion of the contract work. If claims made coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the earlier of the effective date of the contract or the beginning of the contract work, CONSULTANT must purchase so called “extended reporting” or “tail” coverage for a minimum of five (5) years after completion of work, which must also show a retroactive date that is before the earlier of the effective date of the contract or the beginning of the contract work.

As a condition precedent to CITY’S obligations under this Agreement, CONSULTANT shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms.

E. Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONSULTANT under this Agreement may be assigned or subcontracted by CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion.

F. State and Federal Taxes
As CONSULTANT is not CITY’S employee, CONSULTANT shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges and agrees that:
• CITY will not withhold FICA (Social Security) from CONSULTANT’S payments;
• CITY will not make state or federal unemployment insurance contributions on CONSULTANT’S behalf;
• CITY will not withhold state or federal income tax from payment to CONSULTANT;
• CITY will not make disability insurance contributions on behalf of CONSULTANT;
• CITY will not obtain workers’ compensation insurance on behalf of CONSULTANT.

8.1.a
Packet Pg. 503 Attachment: CSG_Agreement 22-RFP-PW-478 (3850 : Award of Contract to CSG Consultant for the Design of Gourmet Alley)

-5-

G. PREVAILING WAGE

CONTSULTANT agrees and acknowledges that it is its obligation to determine whether, and to what extent, any work performed is or any workers employed relative to any construction to be performed under this Agreement are subject to any Codes, Ordinances, Resolutions, Rules and other Regulations and established policies of CITY and the laws of the State of California and the United States, including, without limitation, the California Labor Code and Public Contract Code relating to public contracting and prevailing wage requirements (“Prevailing Wage Laws”). To the extent Prevailing Wage Laws apply to work performed or workers employed for the purpose of performing work under this Agreement, CONTSULTANT shall fully comply with and ensure that all workers and/or subcontractors are informed of and comply with all Prevailing Wage Laws and specifically any applicable requirement of California Labor Code Sections 1720 et seq. and 1770 et seq. and the regulations thereunder, which require the payment of prevailing wage rates based on labor classification, as determined by the State of California, and the performance of other requirements on certain “public works” or “maintenance” projects. It is the duty of CONTRACTOR to post a copy of applicable prevailing wages at the job site. Prevailing wage information may be obtained at www.dir.ca.gov .

No CONSULTANT or Subconsultant may be awarded an Agreement containing Public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code 1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.

8.1.a
Packet Pg. 504 Attachment: CSG_Agreement 22-RFP-PW-478 (3850 : Award of Contract to CSG Consultant for the Design of Gourmet Alley)

-5- 4835-2267-0361v1 LAC\04706083
ARTICLE 6. OBLIGATIONS OF CITY
A. Cooperation of City
CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONSULTANT’S duties under this Agreement.

B. Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONSULTANT. Such assignment shall not release CONSULTANT from any of CONSULTANT’S duties or obligations under this Agreement.

ARTICLE 7. TERMINATION OF AGREEMENT
A. Sale of Consultant’s Business/ Death of Consultant.

CONSULTANT shall notify CITY of the proposed sale of CONSULTANT’s business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY’ receipt of such notice of sale.

If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated upon death of CONSULTANT.

B. Termination by City for Default of Consultant
Should CONSULTANT default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY’S option, may terminate this Agreement by giving written notification to CONSULTANT. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following:

1. CONSULTANT’S failure to professionally and/or timely perform any of the services contemplated by this Agreement.

2. CONSULTANT’S breach of any of its representations, warranties or covenants contained in this Agreement.

CONSULTANT shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C” which have been fully, competently and timely rendered by CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONSULTANT’S default in the performance of this Agreement or material breach by CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY

8.1.a
Packet Pg. 505 Attachment: CSG_Agreement 22-RFP-PW-478 (3850 : Award of Contract to CSG Consultant for the Design of Gourmet Alley)

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may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant to this Agreement.

C. Termination for Failure to Make Agreed-Upon Payments Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONSULTANT, at the CONSULTANT’S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONSULTANT to CITY.

D. Transition after Termination
Upon termination, CONSULTANT shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONSULTANT shall cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONSULTANT’s duties by any new consultant hired by the CITY to complete such services.

ARTICLE 8. GENERAL PROVISIONS
A. Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto.

B. Americans with Disabilities Act of 1990
Throughout the term of this Agreement, the CONSULTANT shall comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 (“the Act”) in its current form and as it may be amended from time to time. CONSULTANT shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys’ fees, that may arise out of any violations of the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or representatives of either.

C. Attorneys’ Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable

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attorneys’ fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.

D. Captions
The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation.

E. Compliance with Laws
The CONSULTANT shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor.

F. Conflict of Interest
CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONSULTANT and that no person associated with CONSULTANT has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement.

G. Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding.

No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY.

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H. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California.

I. Notices
Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested.

Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit “A”, Section V.H. but each party may change the address by written notice in accordance with this paragraph.

Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing.

J. Partial Invalidity
If any provision in 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 without being impaired or invalidated in any way.

K. Time of the Essence
All dates and times referred to in this Agreement are of the essence.

L. Waiver
CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.

Executed at Gilroy, California, on the date and year first above written.

CONSULTANT: CITY:

CSG Consultants CITY OF GILROY
By: By:

Name: Cyrus Klanpour, P.E., P.L.S. Name: Jimmy Forbis
Title: President Title: City Administrator
Social Security or Taxpayer
Identification Number 91-2053749

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Approved as to Form ATTEST:

City Attorney City Clerk

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EXHIBIT “A”

SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONSULTANT shall provide the services indicated on the attached Exhibit “B”, Scope of Services (“Services”). (All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONSULTANT agrees to assign Hal Williams, P.E., who will act in the capacity of Project Manager, and who will personally direct such Services.

Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement.

II. NOTICE TO PROCEED/COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written “Notice to Proceed”, which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, Daryl Jordan shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided in the Section V.H. (“Notices”) of this Exhibit “A”.

B. COMPLETION OF SERVICES
When CITY determines that CONSULTANT has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONSULTANT has not completed all of such Services as required by this Agreement, CITY shall so inform CONSULTANT within this two (2) week period.

III. PROGRESS SCHEDULE
The schedule for performance and completion of the Services will be as set forth in the attached Exhibit “C”.

IV. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement.

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Direct expenses are charges and fees not included in Exhibit “B”. CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY.

CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct expenses.

Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses.

V. OTHER PROVISIONS
A. STANDARD OF WORKMANSHIP
CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONSULTANT’S representations and warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.

Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well-organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes.

B. RESPONSIBILITY OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY’S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONSULTANT’S negligent performance of any of the services furnished under this Agreement.

C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) years (from the date of final payment to CONSULTANT), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY’s offices within five (5) business days after CITY’s request.

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D. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONSULTANT and all other written and oral information developed or received by or for CONSULTANT and all other written and oral information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONSULTANT’S disclosure thereof) shall be deemed confidential. CONSULTANT shall not use CITY’S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY.

E. NO PLEDGING OF CITY’S CREDIT.

Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY.

F. OWNERSHIP OF MATERIAL.

All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain and use copies thereof subject to Section V.D of this Exhibit “A”.

CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT.

G. NO THIRD PARTY BENEFICIARY.

This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever.

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H. NOTICES.

Notices are to be sent as follows:

CITY: Daryl Jordan
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONSULTANT: Hal Williams
3150 Almaden Expressway #255
San Jose, CA
95118
I. FEDERAL FUNDING REQUIREMENTS.

If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.I. apply.

If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.I. do not apply.

1. DBE Program
CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City-adopted Disadvantaged Business Enterprise programs.

2. Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items.

3. Covenant against Contingent Fees
The CONSULTANT warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT, to solicit or secure this Agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

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EXHIBIT “B”

SCOPE OF SERVICES

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Packet Pg. 514 Attachment: CSG_Agreement 22-RFP-PW-478 (3850 : Award of Contract to CSG Consultant for the Design of Gourmet Alley)

CSG PROPOSAL TO THE CITY OF GILROY
PROJECT NO. 22-RFP=PW-478
6 SCOPE OF WORK
CSG has reviewed the RFP for the Gourmet Alley and Railroad Alley Pedestrian and Bicycle Beautification Project (Project) and agrees with the scope of work identified by the City of Gilroy (City). The Gourmet Alley and Railroad Alley Pedestrian and Bicycle Beautification scope of services consist of the following:

TASK 1 Project Management
Upon issuance of a Notice to Proceed, CSG will schedule a Kickoff meeting with the City, Recology, and other project stakeholders to identify and discuss the project objectives, scope, schedule, and budget. At this meeting, points of contact will be established; schedules reviewed; standards and guidelines identified, and expectations communicated. During this meeting, specifics concerning project funding, public outreach, design parameters, and other relevant details will take place.

CSG will continue to set up, manage the project, submit monthly invoices, and provide continuous coordination. CSG will be responsible for coordination with clear and consistent communication with the City and subconsultants to discuss the progress of the design. Throughout the entire project, CSG’s Project Manager will act as the single point of contact to coordinate the project with the City.

Task Deliverables: Schedule Updates, Invoices, Meeting Minutes

TASK 2 Data Collection and Design Analysis
CSG will identify and collect existing right-of-way information, record drawings, as-built plans, utility information, assessor and subdivision maps, right-of-way maps, and sample plans and specifications from the City. CSG Team will obtain encroachment permits for any field investigation works. Any fee for obtaining permits is not part of the scope.

F ield Investigation
CSG will conduct a field investigation to identify any project issues. Existing surface facility locations and types will be field verified. Visual field assessment of existing site conditions will include existing roadway surface facilities, aboveground and underground utilities, features on adjacent properties and pavement conditions.

Topographic Survey
Quiet River Land Services (QRLS) will perform land surveying services. Set horizontal and vertical control based on the City’s Horizontal Control Survey. The elevation will be based on the City’s Benchmarks that are based on NAVD88 Datum. Field survey at 50 feet interval cross-sections of the streets and extend at least 100 feet past the project right of way limits, starting, ending and at each intersection location. Map topographic survey data in an AutoCAD-based drawing. QRLS will research existing Record of Surveys, Corner Records and Subdivision Maps to determine the locations of existing survey monuments that will be affected by the Project. The existing monuments will be field-surveyed. After construction, any monument proven to have been compromised by the project be re-set by the contractor. Prepare a Corner Record and submit to the County Surveyors Office depicting the location and character of the new monument. All existing monuments will be shown on the construction package with a language to preserve all monumentation affected by the proposed improvements.

Task Deliverables: AutoCAD Base File, Survey Data Files

TASK 3 Agency Coordination and Approval
Because the Clean California grant is relatively new, it is not clear whether a streamlined environmental documentation method is available. It is imperative that upon notice to proceed that the City determines the required documentation necessary to facilitate Caltrans oversight. The scope and fee assume typical E76 preparation applies to the project. CSG will prepare all required Caltrans Local Assistance Procedures Manual (LAPM) forms, including Caltrans Field Review, Environmental Clearance, Encroachment Permit, Right of Way Certification, and Caltrans E76 documents.

Task Deliverables: Caltrans LAPM documents

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CSG PROPOSAL TO THE CITY OF GILROY
PROJECT NO. 22-RFP=PW-478
7 TASK 4 Preliminary Design (50%)
CSG, in conjunction with Dillingham Associates, will prepare and submit up to three conceptual plans and rough estimates at 50% design level. The plans will provide enough details to facilitate discussion about the preferred alternative for the proposed improvements. It is anticipated that all major Project issues and design decisions will be resolved during this submittal stage.

It is assumed that general provisions (“front end” boilerplate) will be provided by the City in Word document format for a similar type of project will be provided at this stage.

Task Deliverables: Up to three design alternatives with renderings and estimates

TASK 5 Construction Documents (95% through Bid Documents) Using the preferred alternative selected during Task 4, CSG will develop plans in AutoCAD, specifications in Word, and engineer’s estimate in Excel formats at the 95% and 100%, and Bid Set design levels in accordance with the latest City, Caltrans, and California MUTCD Standard. The plan set will generally include the following types of plan sheets: Title/General Notes/Key Map, Demolition Plans, Layout Plans, Drainage/Utility Plans, Construction Details, Signing and Striping Plans, Landscape Improvement/Irrigation Plans, Lighting Plans, PG&E Undergrounding Plans (if needed), Erosion Control/Pollution Prevention Plans.

The special specification will be prepared and in accordance with applicable City’s format. It is assumed that general provisions (“front end” boilerplate) will be provided by the City in Microsoft Word document format for a similar type of project. A response matrix will be prepared listing City’s review comments on the 95% and 100% design submittals and CSG’s responses to those comments. Agreed upon comments will be incorporated at the next design level. CSG will perform quality assurance and quality control prior to each submittal and in conformance to City, Caltrans, and CA MUTCD Standards.

Task Deliverables: Base Map, One (1) set of Plans, Specifications and Engineer’s Estimate in PDF format at each submittal, City’s Review Comment Matrix; One (1) set of specifications in Word and PDF formats; One (1) set of the Engineer’s Construction Cost Estimate in Excel and PDF formats; One (1) set of all plans in AutoCAD and PDF formats; Meeting Minutes

TASK 6 Bid Phase Support
CSG shall assist the City during bidding to respond to contractors’ questions and Requests for Information (RFIs), will support the City’s efforts to inform plan holders of significant responses to RFIs, and will develop addenda, as needed. Quality control and constructability reviews will be performed before submittal to the City. This will represent the final submittal of the PS&E for approval by the City.

Task Deliverables: Responses to RFIs, if needed; Addenda, if needed TASK 7 Design Support During Construction
CSG staff is highly responsive to requests received during construction and understands that timely responses are crucial in avoiding construction delays and claims. CSG will assist the City during construction and provide the following support services:

Attend Pre-construction meeting.
 Attend up to two (2) construction progress meetings.
 Participate in the final inspection and development of punch lists.  Provide clarifications, as required, of construction documents and respond to Contractor’s Requests for Information (RFIs).
 Review and approval of sample and material submittals specified in Contract Documents which impact the design.
 Review of any proposed substitutions for conformance to the Contract Documents.  Responding to Construction Change Orders (CCOs) and review of Requests for Quotations, if needed.

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CSG PROPOSAL TO THE CITY OF GILROY
PROJECT NO. 22-RFP=PW-478
8 Optional Tasks
If required, CSG can provide the following optional services as defined in the fee proposal:

Additional Design Support – as needed support for design development.  Union Pacific Railroad (UPRR) Coordination – Coordination with UPRR along Railroad Alley. While no specific requests have been made by the City or UPRR to this date, and preliminary thoughts do not anticipate encroachment onto UPRR property, our fee allows for any coordination efforts that may arise during the project design.
 PG&E Undergrounding Design – There is the potential for the project to allow for the design and construction of a trench to underground existing electrical utilities along Gourmet Alley. While the project could not actually place the conduit due to regulatory and schedule constraints, there is the potential for some of the work to be completed and allow for future conduit placement with minimal impact to the alley.

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EXHIBIT “C”

MILESTONE SCHEDULE

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ID Task Name Duration Start Finish
1 Notice to Proceed 0 days Mon 8/15/22 Mon 8/15/22
2 Task 1 - Project Management & Coordination 460 days Wed 8/17/22 Tue 5/21/24 3 Kickoff Meeting 0 days Wed 8/17/22 Wed 8/17/22
4 Project Management Activities 460 days Wed 8/17/22 Tue 5/21/24 5 Coordination with Sub-Consultants (Agreements, Refine Expectations)45 days Mon 8/22/22 Fri 10/21/22 6 Task 2 - Site Evaluation and Design Analysis 88 days Mon 8/22/22 Wed 12/21/22 7 Site Evalution and Field Review 88 days Mon 8/22/22 Wed 12/21/22 8 Aerial Survey 1 day Thu 9/8/22 Thu 9/8/22
9 Right of Way Traverse 10 days Fri 9/9/22 Thu 9/22/22
10 Topographic Survey 10 days Thu 9/8/22 Wed 9/21/22
11 Initial Base Mapping and Project Setup 10 days Mon 8/29/22 Fri 9/9/22 12 Obtain Utility Maps 20 days Thu 9/1/22 Wed 9/28/22
13 Preliminary Field Reconnaissance 75 days Mon 8/22/22 Fri 12/2/22 14 Utility Coordination 60 days Thu 9/29/22 Wed 12/21/22 15 Task 3 - Agency Coordination and Approal 165 days Thu 2/2/23 Wed 9/20/23 16 Caltrans LAPM Coordination 165 days Thu 2/2/23 Wed 9/20/23 17 Field Review Document & PES Form Preparation (Maps, Cross-Sections, FEMA)30 days Thu 2/2/23 Wed 3/15/23 18 Submit Field Review Documentation 0 days Wed 3/15/23 Wed 3/15/23 19 Field Review Meeting 0 days Wed 4/5/23 Wed 4/5/23
20 Prepare E-76 Package 60 days Thu 4/6/23 Wed 6/28/23
21 E76 Technical Memos 60 days Thu 4/6/23 Wed 6/28/23
22 Prepare Tech Studies (NEPA)60 days Thu 4/6/23 Wed 6/28/23 23 ROW Cert 60 days Thu 4/6/23 Wed 6/28/23
24 Environmental/Traffic 60 days Thu 4/6/23 Wed 6/28/23 25 Submit E-76 Package 0 days Wed 6/28/23 Wed 6/28/23
26 Caltrans E-76 Review 60 days Thu 6/29/23 Wed 9/20/23 27 Authorization to Proceed 0 days Wed 9/20/23 Wed 9/20/23 28 Task 4 - Preliminary Design (50%)115 days Thu 8/25/22 Wed 2/1/23 29 Field Investigations 5 days Thu 8/25/22 Wed 8/31/22
30 Develop 50% Design 60 days Thu 9/29/22 Wed 12/21/22
31 Stakeholder Meeting 0 days Wed 11/9/22 Wed 11/9/22
32 Submit 50% Design 0 days Wed 12/21/22 Wed 12/21/22
33 City Review 15 days Thu 12/22/22 Wed 1/11/23
34 Stakeholder Meeting 0 days Wed 1/18/23 Wed 1/18/23
8/15 Notice to Proceed
8/17 Kickoff Meeting
Project Management Activities
Coordination with Sub-Consultants (Agreements, Refine Expectations) Aerial SurveyAerial Survey
Right of Way Traverse
Topographic Survey Topographic Survey
Initial Base Mapping and Project Setup
Obtain Utility Maps
Preliminary Field Reconnaissance
Utility Coordination
Field Review Document & PES Form Preparation (Maps, Cross-Sections, FEMA) 3/15 Submit Field Review Documentation
4/5 Field Review Meeting
Prepare Tech Studies (NEPA)
ROW Cert
Environmental/Traffic
6/28 Submit E-76 Package
Caltrans E-76 Review
9/20 Authorization to Proceed
Field Investigations
Develop 50% DesignDevelop 50% Design
11/9 Stakeholder Meeting
12/21 Submit 50% Design
City ReviewCity Review
1/18 Stakeholder Meeting
May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug 2nd Quarter 3rd Quarter 4th Quarter 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 1st Quarter 2nd Quarter 3rd Quarter Critical Split Task Milestone Summary Critical
City of Gilroy
Gourmet Alley and Railroad Alley Pedestrian and Bicycle Beautification Improvements

Page 1 ends

Date: Wed 7/20/22

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ID Task Name Duration Start Finish
35 Meeting - 50% comment review 0 days Wed 2/1/23 Wed 2/1/23 36 Task 5 - Construction Documents (95% through Bid Documents)162 days Thu 2/2/23 Fri 9/15/23 37 5.1 95% PS&E Construction Documents Package 70 days Thu 2/2/23 Wed 5/10/23 38 Develop 95% Construction Documents Package 45 days Thu 2/2/23 Wed 4/5/23 39 Submit 95% Construction Documents Package 0 days Wed 4/5/23 Wed 4/5/23 40 City Review 15 days Thu 4/6/23 Wed 4/26/23
41 Stakeholder Meeting 0 days Wed 5/3/23 Wed 5/3/23
42 Meeting - 95% comment review 0 days Wed 5/10/23 Wed 5/10/23 43 5.2 100% Construction Documents Package 55 days Thu 4/27/23 Wed 7/12/23 44 Develop 100% Construction Documents Package 40 days Thu 4/27/23 Wed 6/21/23 45 Submit 100% Construction Documents Package 0 days Wed 6/21/23 Wed 6/21/23 46 City Review 5 days Thu 6/22/23 Wed 6/28/23
47 Stakeholder Meeting 0 days Wed 7/5/23 Wed 7/5/23
48 Meeting - 100% Comment Review 0 days Wed 7/12/23 Wed 7/12/23 49 5.3 Final Bid Set Documents 47 days Thu 7/13/23 Fri 9/15/23 50 Develop Final Bid Set Documents 30 days Thu 7/13/23 Wed 8/23/23 51 Submit Final Bid Set Documents 0 days Wed 8/23/23 Wed 8/23/23 52 City Review 10 days Thu 8/24/23 Wed 9/6/23
53 Meeting - Bid Set Discussion 0 days Fri 9/15/23 Fri 9/15/23 54 Task 6 - Bid Support Assistance 30 days Mon 10/9/23 Fri 11/17/23 55 Advertise Project 20 days Mon 10/9/23 Fri 11/3/23
56 Bid Support Services 30 days Mon 10/9/23 Fri 11/17/23 57 Task 7 - Construction Support 135 days Tue 11/21/23 Tue 5/28/24 58 Award Project 0 days Tue 11/21/23 Tue 11/21/23
59 Pre Construction Meeting 0 days Tue 11/28/23 Tue 11/28/23 60 Construction Support 100 days Wed 11/29/23 Tue 4/16/24 61 Site Visit Meeting #1 0 days Tue 12/26/23 Tue 12/26/23 62 Site Visit Meeting #2 0 days Tue 2/6/24 Tue 2/6/24
63 Site Visit Meeting #3 0 days Tue 3/19/24 Tue 3/19/24 64 Punch List Walk Thru 0 days Mon 4/22/24 Mon 4/22/24
65 Record Drawings and Project Close-Out 20 days Wed 5/1/24 Tue 5/28/24 66 Develop Record Drawings and Final Punch List 15 days Wed 5/1/24 Tue 5/21/24 67 Submit Record Drawings and Final Punch List 0 days Tue 5/21/24 Tue 5/21/24 68 Final Punch List Walk Thru 0 days Tue 5/28/24 Tue 5/28/24 2/1 Meeting - 50% comment review
Develop 95% Construction Documents PackageDevelop 95% Construction Documents Package 4/5 Submit 95% Construction Documents Package
City ReviewCity Review
5/3 Stakeholder Meeting
5/10 Meeting - 95% comment review
Develop 100% Construction Documents PackageDevelop 100% Construction Documents Package 6/21 Submit 100% Construction Documents Package
City ReviewCity Review
7/5 Stakeholder Meeting
7/12 Meeting - 100% Comment Review
Develop Final Bid Set DocumentsDevelop Final Bid Set Documents 8/23 Submit Final Bid Set Documents
City ReviewCity Review
9/15 Meeting - Bid Set Discussion
Advertise ProjectAdvertise Project
Bid Support ServicesBid Support Services
11/21 Award Project
11/28 Pre Construction Meeting
Construction SupportConstruction Support
12/26 Site Visit Meeting #1
2/6 Site Visit Meeting #2
3/19 Site Visit Meeting #3
4/22 Punch List Walk Thru
Develop Record Drawings and Final Punch ListDevelop Record Drawings and Final Punch List 5/21 Submit Record Drawings and Final Punch List
5/28 Final Punch List Walk Thru
May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug 2nd Quarter 3rd Quarter 4th Quarter 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 1st Quarter 2nd Quarter 3rd Quarter Critical Split Task Milestone Summary Critical
City of Gilroy
Gourmet Alley and Railroad Alley Pedestrian and Bicycle Beautification Improvements

Page 2 ends

Date: Wed 7/20/22

8.1.a
Packet Pg. 520 Attachment: CSG_Agreement 22-RFP-PW-478 (3850 : Award of Contract to CSG Consultant for the Design of Gourmet Alley)

4835-2267-0361v1 LAC\04706083
EXHIBIT “D”

PAYMENT SCHEDULE

8.1.a
Packet Pg. 521 Attachment: CSG_Agreement 22-RFP-PW-478 (3850 : Award of Contract to CSG Consultant for the Design of Gourmet Alley)

TASK Description
Principal EngineerAssociate EngineerAssistant EngineerCSG TOTALSDillingham AssociatesGiacalone Design ServicesQuiet River Land ServicesTOTAL Category $240 $180 $150 Hours Cost
Project Coordination & Sub Consultant Management 80 8 88 $ 20,640 Discussion with City Staff 40 28 68 $ 14,640 Design Schedule and Updates 16 16 $ 3,840 Task 1 - Subtotal 136 36 0 172 $ - $ - $ 39,120 As Built Data, Utility Research, Review of Existing Plans 6 12 20 38 $ 6,600 Field Review and Topography 4 4 12 20 $ 20,500 $ 23,980 Task 2 - Subtotal 10 16 32 58 $ - $ 20,500 $ 30,580 Field Review Documents & PES Form Preparation 6 8 10 24 $ 4,380 Preparation and Submittal of E-76 Package 4 8 20 32 $ 5,400 Quality Control Review 8 12 20 $ 4,080 Task 3 - Subtotal 18 28 30 76 $ 13,860 50% Design 8 40 80 128 $ 49,600 $ 70,720 Exhibit Preparation 2 4 12 18 $ 3,000 Stakeholder Meeting 8 4 12 $ 2,640 Comment Review Meeting 4 8 12 $ 2,400 Task 4 - Subtotal 22 56 92 170 $ 49,600 $ - $ 78,760 95% PS&E 20 44 92 156 $ 26,520
Stakeholder Meeting 8 4 12 $ 2,640 Response to Comments 2 4 4 10 $ 1,800 100% PS&E 12 28 60 100 $ 16,920
Stakeholder Meeting 4 2 6 $ 1,320 Response to Comments 2 4 4 10 $ 1,800 Bid Set PS&E 4 8 20 32 $ 22,150 $ 27,550 Task 5 - Subtotal 52 94 180 326 $ 22,150 $ - $ 78,550 Bid support 12 8 20 40 $ 750 $ 8,070 Plan Revisions 4 10 18 32 $ 5,460 Conformed Set 8 8 16 32 $ 5,760 Task 6 - Subtotal 24 26 54 104 $ 750 $ - $ 19,290 Attend Pre-construction meetings 8 4 12 $ 6,000 $ 8,640 Attend construction meetings / Site visits 28 12 40 $ 8,880 Review Submittals and Record Drawings 16 32 48 $ 9,600 Task 7 - Subtotal 52 48 0 100 $ 6,000 $ 27,120 Project Totals 314 304 388 1,006 $ 78,500 $ - $ 20,500 $ 287,280 $ 287,280
Additional City Design Support 4 16 20 $ 20,000 $ 23,360 UPRR Coordination 8 20 28 $ 5,520 PG&E Undergrounding Design 12 28 40 $ 20,000 $ 27,080 Subtotal - Optional Tasks $ 20,000 $ 20,000 $ 55,960 $ 343,240
TASK 3 – Agency Coordination and Approval

CITY OF GILROY
CSG Consultants, Inc.

TASK 1 – Project Management and Coordination
Gourmet Alley and Railroad Alley Pedestrian and Bicycle Beautification Improvements TASK 2 – Data Collection and Design Analysis

TOTAL WITH OPTIONAL TASKS

OPTIONAL TASKS

TOTAL PROPOSED FEE
TASK 4 – Preliminary Design (50%)
TASK 7 – Design Support During Construction
TASK 6 – Bid Phase Support
TASK 5 – Construction Documents (95% through Bid Documents)

8.1.a
Packet Pg. 522 Attachment: CSG_Agreement 22-RFP-PW-478 (3850 : Award of Contract to CSG Consultant for the Design of Gourmet Alley)

RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF GILROY AMENDING THE BUDGET FOR THE CITY
OF GILROY FOR 2022-2023 AND APPROPRIATING

PROPOSED EXPENDITURE AMENDMENTS

WHEREAS, the City Administrator prepared and submitted to the City Council a budget for the City of Gilroy for Fiscal Years 2021-2022 and 2022-2023, and the City Council carefully examined, considered and adopted the same on June 7, 2021; and

WHEREAS, City Staff has prepared and submitted to the City Council proposed amendments to said budget for Fiscal Year 2022-2023 for the City of Gilroy in the staff report dated August 15, 2022 for the Gourmet Alley and Railroad Alley Pedestrian and Bicycle Beautification Improvements Project, City Project No. 22-RFP-PW-478.

NOW, THEREFORE, BE IT RESOLVED THAT the appropriations for Fiscal Year 2022-2023 in Fund 487 (Downtown Beautification) shall be increased by $3,960,765.

PASSED AND ADOPTED this 15th day of August, 2022 by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED:

Marie Blankley, Mayor

ATTEST:

_______________________
Thai Nam Pham, City Clerk

8.1.b
Packet Pg. 523 Attachment: Resolution Fund 487 Budget Amendment (3850 : Award of Contract to CSG Consultant for the Design of Gourmet Alley)

City of Gilroy

Strategic Plan Goals

☐ Develop a Financially
Resilient Organization

☐ Ensure Neighborhood
Equity from City
Services
 Promote Economic
Development
Activities

☐ Promote Safe,
Affordable Housing for All

☐ Maintain and Improve
City Infrastructure

RECOMMENDATION

a) Adopt a resolution of the City Council of the City of Gilroy amending the budget for the City of Gilroy for Fiscal Year 2022 -2023 and appropriating proposed expenditure amendments.

9.1 Packet Pg. 524

associated documents.

EXECUTIVE SUMMARY

BACKGROUND

ANALYSIS

9.1 Packet Pg. 525

ALTERNATIVES

City Council can reject the award of this contract with CSG Consultants. Staff does not recommend this option as it could jeopardize the grant funds and delay the project.

FISCAL IMPACT/FUNDING SOURCE

The total proposal from CSG Consultants is $343,240 with optional services included.

CONCLUSION

NEXT STEPS

Upon Council’s approval, the contract will be executed, and staff will work with the consultant to develop a final design schedule to begin design activities in August 2022.

Attachments:

1. CSG_Agreement 22-RFP-PW-478

2. Resolution Fund 487 Budget Amendment

9.1 Packet Pg. 526

ORDINANCE NO. 2022-XX

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

GILROY ADOPTING A SHORT-TERM INTERIM FRANCHISE

AGREEMENT WITH RECOLOGY SOUTH VALLEY FOR SOLID

WASTE HAULING SERVICES AND A FINDING THAT ITS ACTION IN

ADOPTING THE ORDINANCE IS EXEMPT FROM REVIEW UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”)
PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) (COMMON

SENSE EXEMPTION) IN THAT THE PROPOSED ORDINANCE WILL

CONTINUE AN EXISTING STATE-MANDATED PROGRAM FOR THE

PROTECTION OF PUBLIC HEALTH AND THE ENVIRONMENT, AND

NONE OF THE CIRCUMSTANCES IN CEQA GUIDELINES SECTION
15300.2 APPLY

WHEREAS, the City of Gilroy (City) is a municipal corporation, duly organized under the constitution and laws of the State of California; and

WHEREAS, pursuant to California Constitution Article XI, Section 7, and the City Charter, Section 600, the City Council has the authority to enact ordinances which promote the public health, safety and general welfare of its residents, including sanitation ordinances and regulations; and

WHEREAS, the provision of sanitary solid waste hauling services is an essential component to protecting public health, safety, and welfare, and is a state mandated service; and

WHEREAS, solid waste hauling services are contracted through an exclusive franchise agreement, and enacted pursuant to Article XIII of the City Charter entitled “Franchises”; and

WHEREAS, Section 1302 of Article XIII of the City Charter places a term limitation on franchise agreements at a maximum of 25 years; and

WHEREAS, the existing franchise agreement was adopted on September 2, 1997, which establishes the 25-year limitation date to be up to and including September 2, 2022, necessitating a new franchise agreement by that date; and

WHEREAS, the City has been in negotiations on a new franchise agreement with Recology South Valley, but has not yet reached a formal agreement which is inclusive of all the additional duties and requirements of recent state legislation regarding organics and recycling; and

WHEREAS, a franchise agreement is required to continue providing solid waste hauling services, a state mandate, generating an urgent need to place a franchise agreement for solid waste hauling services into effect; and

WHEREAS, failure to have a franchise agreement in effect for any period of time would cause garbage to accumulate within the City of Gilroy, which would cause a visual nuisance and noxious odors, and which could attract vermin and other pests, contribute to pollution, and facilitate the spread of disease-causing pathogens; and

9.1.a
Packet Pg. 527 Attachment: Proposed Urgency Ordinance (3921 : Interim Franchise Agreement)

Ordinance No. 2022-XX
Short-Term Interim Franchise Agreement w/ Recology
City Council Regular Meeting | August 15, 2022

Page 2 of 3 ends

WHEREAS, the City and Recology South Valley have developed a short-term interim exclusive franchise agreement, attached as Attachment “A” and incorporated herein by reference, which retains essential services while a new franchise agreement is finalized and begins the first phase of implementing the organics and recycling requirements as imposed by recently adopted State law; and

WHEREAS, adopting this Ordinance is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) in that the proposed ordinance will continue an existing state- mandated program for the protection of public health and the environment, and none of the circumstances in CEQA Guidelines Section 15300.2 apply.

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

SECTION I

The foregoing recitals are true and correct and are incorporated herein by this reference.

SECTION II

That the short-term interim franchise agreement between the City and Recology South Valley, attached as Attachment “A” is hereby adopted.

SECTION III
This urgency ordinance, pursuant to Gilroy City Charter, Article VI, Section 602, is hereby declared by the City to be necessary as an urgent measure and shall take effect immediately and be in full force and effect after its approval and adoption based on the following:
a. The City Council finds that the City is required to provide solid waste hauling services for the protection of public health and safety for reasons set forth in the recitals, and to meet legal obligations placed upon it by the State of California in furtherance of these two essential needs.
b. The City Council finds that the provision of this service, as a utility, is to be provided by a franchise agreement as indicated in the City Charter. The City Charter limits franchise agreements to 25 years, of which the City’s current franchise agreement will reach the 25- year limit on September 2, 2022, before the next City Council meeting, and before a regular ordinance authorizing an exclusive franchise agreement can be in effect. Finalizing negotiations of a franchise agreement has been delayed by the negotiation of terms and conditions implementing the organics and recycling requirements as imposed by recently adopted State law.
c. The City Council finds that the provision of services without a current franchise agreement is made a misdemeanor by the City Charter, which would prevent the City’s current solid waste hauler from providing its service to meet the City’s obligations relating to health,

9.1.a
Packet Pg. 528 Attachment: Proposed Urgency Ordinance (3921 : Interim Franchise Agreement)

Ordinance No. 2022-XX
Short-Term Interim Franchise Agreement w/ Recology
City Council Regular Meeting | August 15, 2022

Page 3 of 3 ends

safety and general welfare of the public beyond September 2, 2022, therefore creating a public health threat.
d. The City Council finds that the City has a franchise agreement in place, and a new one is being negotiated, but will not be ready in time for adoption as this urgency ordinance agreement, necessitating the short-term interim agreement proposed, and this ordinance to take effect immediately to complete the franchise agreement process to continue essential services during the intervening time until the negotiated franchise agreement can be finalized.

SECTION IV
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Gilroy hereby declares that it would have passed and adopted this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional.

SECTION V
This Urgency Ordinance is adopted pursuant to Gilroy City Charter, Section 602. The City Clerk shall certify to the adoption of this Urgency Ordinance and cause the same to be published in the manner prescribed by law, and it shall become effective immediately upon its adoption.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY this 15th day of August, 2022 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED:

Marie Blankley, Mayor

ATTEST:

_______________________
Thai Nam Pham, City Clerk

9.1.a
Packet Pg. 529 Attachment: Proposed Urgency Ordinance (3921 : Interim Franchise Agreement)

SHORT TERM INTERIM FRANCHISE AGREEMENT BETWEEN

THE CITY OF GILROY
AND

RECOLOGY SOUTH VALLEY

FOR SOLID WASTE AND RECYCLING SERVICES

Attachment A

9.1.b
Packet Pg. 530 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

Table of Contents
INTERIM FRANCHISE AGREEMENT ......................................................................................................3 1)Definitions ......................................................................................................................................... 4 2)Conditions to Effectiveness of Agreement ....................................................................................... 6 3)Contractor Status and Authorization ................................................................................................ 6 4)Scope of Contractor's Services .......................................................................................................... 6 5)Contractor's Equipment and Personnel .......................................................................................... 10 6)Rights and Obligations Affecting Customers................................................................................... 12 7)City's Responsibilities ...................................................................................................................... 12 8)Exclusivity ........................................................................................................................................ 12 9)Recordkeeping and Reports ............................................................................................................ 13 10)Rates and Charges ....................................................................................................................... 14 11)Payments ..................................................................................................................................... 15 12)Performance Audits and Liquidated Damages ........................................................................... 16 13)Relationship of Parties ................................................................................................................ 17 14)Guaranty ..................................................................................................................................... 18 15)Insurance ..................................................................................................................................... 19 16)Assignment .................................................................................................................................. 19 17)Dispute Resolution ...................................................................................................................... 19 18)Term and Termination of Agreement ......................................................................................... 19 19)Notices ........................................................................................................................................ 21 20)Miscellaneous Provisions ............................................................................................................ 21 EXHIBIT "A" – Collection Schedules and Rules .................................................................................. 24 EXHIBIT "B" – Container Specifications and Rules .............................................................................. 26 EXHIBIT “C” – Extra Pickup and Other Special Services ...................................................................... 27 EXHIBIT "D" – Customer Service Standards ....................................................................................... 31 EXHIBIT "E" – Collection Vehicle Specifications ................................................................................. 33 EXHIBIT "F" – Monthly Reports ......................................................................................................... 34 EXHIBIT "G" – Approved Collection and Special Service Rates ............................................................ 35 EXHIBIT "H" – Form of Monthly Billing and Collection Report ............................................................ 39 EXHIBIT "I" – Liquidated Damages for Failure to Perform .................................................................. 40 EXHIBIT "J" – Guaranty of Performance ............................................................................................ 41 EXHIBIT "K" – Required Insurance Coverages .................................................................................... 43 Attachment A

9.1.b
Packet Pg. 531 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

INTERIM FRANCHISE AGREEMENT
This Interim Agreement (“Agreement”) is made and entered into this 15th day of August, 2022 ("Effective Date") by and between the CITY OF GILROY ("City"), a municipal corporation of the State of California, and RECOLOGY SOUTH VALLEY ("Contractor"), a California corporation. City and Contractor are sometimes collectively referred to herein as the "parties".

This Agreement is made with reference to the following facts:

A) City and Contractor are currently parties to an agreement dated September 2, 1997 by which City granted to Contractor, whose corporate name at the time was South Valley Disposal & Recycling, Inc., the franchise to collect, transport and dispose of garbage and refuse produced within the corporate limits of City for the benefit and in the interest of the health, safety and welfare of its citizens. That agreement was amended by that certain first amendment dated as of July 6, 1999 (the “First Amendment”), as amended by that certain second amendment dated June 19, 2000 (the “Second Amendment”), as amended by that certain third amendment dated July 1, 2014 (the “Third Amendment”), as amended by that certain fourth amendment dated June 20, 2022 (the “Fourth Amendment”) and, as amended, is referred to herein as the "Prior Agreement". The franchise granted by the Prior Agreement will terminate on August 31, 2022.

B) The parties mutually desire to enter into a new interim franchise as negotiations complete on a more comprehensive franchise agreement. This Agreement includes the initial expansion and implementation of obligations of Contractor relating to, among other things, Phase 1 of the Commercial Generator Desktop Compliance Reviews for Senate Bill 1383 (“SB 1383”), Assembly Bill 1826 (“AB 1826”), and Assembly Bill 341 (“AB 341”) (collectively, “State Legislation”) compliance, as well as outreach and education for the State Legislation, as more particularly set forth in this Agreement’s Exhibit “C”. The City had previously implemented a Source Reduction and Recycling Element as part of its general plan which contains a series of programs designed to achieve the diversion goals of the California Integrated Waste Management Act of 1989 (Public Resources Code Sections 40000 et seq.), and it is the intention of Contractor and City, through the continued operation of those programs established during the Prior Agreement, in addition to those contained in this Agreement, to continue working together to achieve those goals.

C) Pursuant to powers expressly granted to cities and counties in Article XI, Section 7 of the California Constitution, and also set forth in California Public Resources Code Section 40059, Franchisor has the authority within its jurisdiction to regulate the handling of solid waste.

D) City has determined that it is in the best interests of City and its citizens to contract with Contractor for an integrated waste management program for residential and commercial premises within the corporate limits of City for the benefit and in the interest of the health, Attachment A

9.1.b
Packet Pg. 532 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

safety and welfare of its citizens. City has selected Contractor as its exclusive franchisee to provide to City the services required for this integrated waste management program subject to the provisions, terms and conditions set forth in this Agreement, and Contractor desires to provide to City such services, which it represents to City that it has the necessary expertise, resources, licenses and permits to provide in accordance with the provisions, terms and conditions of this Agreement.

NOW, THEREFORE, in consideration of the factual premises and the covenants and conditions set forth in this Agreement, City and Contractor hereby agree as follows:
1) Definitions. For the purposes of this Agreement, certain words and terms shall be construed as hereinafter set forth, unless it is apparent from the context that a different meaning is intended.

A) "Affiliate" means all businesses (including corporations, limited and general partnerships, limited liability companies, and sole proprietorships) which are directly or indirectly related to Contractor by virtue of direct or indirect ownership interest or common management. Such businesses shall be deemed to be "Affiliated with" Contractor and included within the term "Affiliates" as used herein. An Affiliate shall include a business in which Contractor owns a direct or indirect ownership interest, a business which has a direct or indirect ownership interest in Contractor and/or a business which is also owned, controlled or managed by any business or individual which has a direct or indirect ownership interest in Contractor.

B) "Bulky Goods" means discarded furniture, carpets, mattresses, household appliances including refrigerators, ranges, washers, dryers, water heaters, dishwashers and other similar items (sometimes referred to as “White Goods"), and electronic equipment such as stereos, televisions, computers, VCRs and similar items, and tires (but not other automotive equipment or parts).

C) "Commercial Customer" means any person or legal entity which conducts a trade or business in City and receives collection and other services described in this Agreement.

D) "Curbside" means on or near a curb forming the side of a street.

E) "Hazardous Material" means any material or combination of materials which, because of its quantity, concentration or physical, chemical or infectious characteristics may either (i) cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness, or (ii) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of or otherwise managed. Hazardous Material also includes hazardous wastes as defined under California or Federal law or regulations promulgated pursuant to any such law, as such law or regulations may from time to time be amended. It is agreed and understood that neither Contractor nor City shall be deemed Attachment A

9.1.b
Packet Pg. 533 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

to be the generators of such Hazardous Material. Instead, Contractor’s customers shall be deemed the generators of the Hazardous Material.

F) "Mixed Paper" means newspaper (including inserts) other paper products (including magazines, catalogs and junk mail), corrugated cardboard, brown Kraft bags, paper board, paper egg cartons, office ledger paper, envelopes and stationery, computer paper, phone books, cereal boxes, shoe boxes and other similar paper products, and such other items as may be agreed upon by the parties from time to time.

G) “Multi-Family Bin Customer” means any person, including owner or occupant, who resides in City in a multi-family residential complex and receives bin refuse collection service.

H) "Multi-Family Can Customer" means any person, including owner or occupant, who resides in City in a multi-family residential complex and receives can refuse collection service.

I) "Recyclable Materials" means "Mixed Paper" and glass, metal cans (including aluminum and de-labeled tin), used motor oil (up to a maximum of three (3) gallons per Residential Customer set out per week), used automobile motor oil filters, PEIB (polyethylene terephthalate) bottles and containers, HDPE (high density polyethylene) containers, bi- metal containers, and such other materials as may from time to time be mutually agreed upon in writing by Contractor and City.

J) "Recycling Containers" means the receptacles provided by Contractor to Residential Customers and Multi-Family Can Customers for the disposal of Mixed Paper and other Recyclable Materials in accordance with this Agreement. "Recycling Containers" also means any other receptacle which is provided by a customer for collection of Recyclable Materials or Yard Waste and which is approved for such purpose by Contractor and City and appropriately labeled as a recycling container.

K) "Refuse" shall mean all putrescible and non-putrescible solid, semisolid and/or liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, discarded home and industrial appliances, vegetable or animal solid or semisolid wastes, and all wastes capable of being recycled that are commingled with other waste. Refuse also means any other item defined as "Refuse" in Section 12.1 of the Code of the City of Gilroy California, as such code is amended from time to time during the term of this Agreement ("Code"). The term "Refuse" shall not include Hazardous Materials, source-separated Recyclable Materials, Yard Waste or stable matter (manure and other waste material normally accumulated in stables or in livestock or poultry enclosures).

Attachment A

9.1.b
Packet Pg. 534 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

L) "Refuse Containers" means the 32, 64 or 96-gallon refuse receptacles provided by Contractor to Residential Customers or Multi-Family Can Customers for the disposal of Refuse in accordance with this Agreement.

M) "Residential Customer" means any person, including owner or occupant, who resides in City in a single-family residence.

N) "Yard Waste" means leaves, grass cuttings, weeds, vines, shrubbery, brush and tree trimmings, but not tree limbs over two (2) inches in diameter. "Yard Waste" does not include palm leaves, succulents, dirt, concrete or other refuse. Yard Waste also includes all items defined as "Garden Refuse" in Section 12.24 of the Code. When combined with food waste, “Yard Waste” is hereafter referred to as “Organic Waste”.

O) "Yard Waste Containers" means the 96-gallon receptacles provided by Contractor to Residential Customers for the disposal of Yard Waste in accordance with this Agreement.
2) Conditions to Effectiveness of Agreement. The obligation of City to permit this Agreement to become effective and to perform its undertakings provided for in this Agreement is subject to the satisfaction of each and all of the conditions set out below, each of which may be waived in whole or in part by City:

A) Accuracy of Representations. Representations and warranties, made by Contractor throughout this Agreement are accurate, true and correct on and as of the effective date of this Agreement.

B) Furnishing of Insurance and Bonds. Contractor has furnished the insurance and bonds required by this Agreement.

C) Effectiveness of City Council Action. City's action approving this Agreement shall have become effective pursuant to California law.
3) Contractor Status and Authorization. Contractor is duly organized, validly existing and in good standing under the laws of the State of California. It is qualified to transact business in the State of California and has the power to own its properties and to carry on its business as now owned and operated and as required by this Agreement. Contractor has the authority to enter into and perform its obligations under this Agreement. The Board of Directors or partners of Contractor (or the shareholders, if necessary) have taken all actions required by law, its articles of incorporation, its bylaws or otherwise to authorize the execution of this Agreement. The Persons signing this Agreement on behalf of Contractor have authority to do so.
4) Scope of Contractor's Services.

A) In General.

Attachment A

9.1.b
Packet Pg. 535 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

i) During the term of this Agreement, Contractor shall have the sole and exclusive authority and obligation to collect, remove and dispose of all Refuse from Residential Customers, Multi-Family Bin Customers, Multi-Family Can Customers and Commercial Customers in accordance with the terms and conditions of this Agreement. In order to ensure that Contractor is able to provide service to all residents of the City, City shall notify Contractor in writing within ten (10) days of every new customer who subscribes for water utility service from the City. ii) In addition, during the term of this Agreement, Contractor shall have the sole and exclusive authority and obligation to collect, remove and recycle all Recyclable Materials and Yard Waste from (1) all Residential Customers, (2) all Multi-Family Can Customers and (3) Commercial Customers and Multi-Family Bin Customers who have subscribed for recycling services described in this Agreement in accordance with the terms and conditions of this Agreement. Notwithstanding the authority granted to Contractor herein, any Commercial Customer and Multi-Family Bin Customer or Multi-Family Bin Customer may contract with an independent third party for recycling services, provided that the independent third party receives no compensation of any kind in connection with the provision of such services. iii) Contractor's services will not include the collection or handling of Hazardous Material, but if Contractor picks up identifiable Hazardous Material, Contractor shall dispose of it properly and in accordance with all applicable laws and regulations. iv) Contractor shall, at its sole cost and expense, except as otherwise provided herein, furnish all labor, equipment and facilities required to perform all services required by this Agreement.
v) Contractor shall maintain appropriate equipment and weigh all Refuse and Recyclable Materials collection vehicles at the transfer station and at the landfill disposal site. Information regarding load weights shall be included in the monthly reports described in Section 9(a) of this Agreement.

B) Collection Schedule. Unless otherwise authorized by City in writing, Contractor shall collect Refuse, Mixed Paper, Recyclable Materials and Yard Waste in accordance with the applicable collection schedules and rules set forth in Exhibit "A" attached hereto and incorporated herein by this reference. Contractor's schedules and routes shall be made in consultation with the City.

C) Containers. Contractor shall purchase, provide and deliver to customers all Refuse Containers, Recycling Containers, Yard Waste Containers and other approved receptacles for the integrated waste management program services described in this Agreement. The types, sizes and colors of the containers, and the printed labels placed on the containers, shall be subject to the approval of City. The types, sizes, colors, labels Attachment A

9.1.b
Packet Pg. 536 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

and additional rules regarding such containers are described in Exhibit "B" attached hereto and incorporated herein by this reference.

D) Service To Elderly and Disabled Residents. Residents who, by reason of age or disability, are unable regularly to place their containers at the curb shall have the option of placing their containers near their dwelling, visible from curbside, and Contractor will pick up solid waste at this location and return the container to same location. Authorization for residents to participate in this optional program shall come from the Contractor upon request. Contractor will notify all residents of this option annually, beginning within thirty (30) days of effectiveness of this Agreement. New customers shall be notified of this option upon requesting service.

E) Disposal and Recycling Services.
i) City shall have the right to direct Contractor to deliver Refuse to a landfill or other waste management facility designated by the City provided that the landfill or other waste management facility has agreed to accept waste from the City. If the City does not choose to exercise this right, Contractor shall select and use landfill sites for the transportation, sorting and disposal of Refuse, which sites must be reasonably acceptable to the City.
ii) Contractor shall collect, transport, sort, process, store, dispose of and recycle or sell Mixed Paper, Recyclable Materials and Yard Waste collected from customers in compliance with applicable federal, state and local laws and regulations governing the collection, storage, processing, re-transport and recycling or disposal of such items. Upon request from the City, Contractor shall identify the entity to which it transfers Recyclable Materials and Yard Waste for processing. Recyclable Materials and Yard Waste that has been segregated and collected as such shall not be disposed of at landfill sites without the approval of the City, which approval shall not be unreasonably withheld. The parties agree that, without limitation, it would be unreasonable to withhold agreement if no person or entity is reasonably available which will provide the service of recycling the materials. iii) The City approvals regarding the manner and means of disposal and recycling that are required by this Section shall be obtained prior to the commencement of Contractor's services under this Agreement and prior to any change in the previously approved manner or means of disposal or recycling.

F) Other Special Services.
i) Contractor shall provide the additional services described in Exhibit "C" attached hereto and incorporated herein by this reference. Such services shall be provided at no extra charge to the customers, except as otherwise provided in Exhibit "C" or in any other Section of this Agreement.

Attachment A

9.1.b
Packet Pg. 537 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

ii) Contractor shall provide, at no charge to City, collection, disposal and recycling services to: (a) facilities owned, leased or operated by City, including the City Hall complex, police and fire stations, Community Center, Corporation Yard, parks and recreational facilities, including the golf course, Senior Center, Youth Center and other similar or related facilities; (b) civic refuse programs conducted by City, including City sponsored clean-up events and similar programs, to a maximum of six (6) events with the provision of two (2) 20-yard bins per event; and (c) construction and demolition projects on City property and involving City facilities. The free recycling, civic programs and City projects services shall be on an "as needed" basis and shall be completed at times and in a manner agreed to by City and Contractor.

Contractor shall also provide free dumping privileges by City for Refuse and debris from City facilities, programs and projects at the designated landfill.

G) Disaster Assistance. In the event of wartime or natural, physical or other disasters resulting in the declaration of a state of emergency by duly authorized authorities which affect the areas in which Contractor's services are to be performed, Contractor shall make available to City, at no cost to City, Contractor's equipment and personnel for emergency operations to be conducted or directed by City's emergency organization.

City shall have the right to possess such equipment and temporarily borrow Contractor's personnel as reasonably required for City to conduct required operations under the direction and control of City's chief of disaster operations. Contractor shall also provide to City such additional equipment and personnel as may be reasonably available to Contractor to accomplish effective Refuse and debris removal during any declared state of emergency.

H) Promotion of Recycling Program and Services.
i) Contractor shall use reasonable efforts to support and promote the City’s Recycling Programs, and shall develop and implement promotional and enforcement programs to educate, encourage and attain compliance from the public in the use of recycling and organic waste services, as described in Exhibit "C" hereto. Contractor shall contact customers during the term of this Agreement as needed to promote and solicit compliance with recent State Legislation. Contractor shall furnish to City at the end of the calendar year during the term of this Agreement a report identifying the compliance level of customers with State Legislation. City will cooperate with Contractor by allowing Contractor's use of the City newsletter and public access cable television channel for Contractor's promotional program. City shall have the right to review and consult with respect to all written materials prepared by Contractor for publication or distribution by Contractor in connection with Contractor's recycling program and other special services. ii) Contractor will use its best efforts to render regular recycling and organic waste services in accordance with this Agreement to all required Customers.

Attachment A

9.1.b
Packet Pg. 538 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

I) Contractor Representative. Contractor shall designate a responsible employee with qualifications reasonably acceptable to City to be the responsible contractor representative with City in connection with this Agreement. Contractor's representative shall be available for communications with City regarding this Agreement during regular business hours. Unless otherwise stated herein, communications required or permitted to be given or addressed to City shall be given or addressed to the City Administrator or to other City officials who may be designated from time to time or for certain purposes hereunder by the City Administrator.

J) Customer Service Standards. During the term of this Agreement, Contractor shall maintain the Customer Service Standards which are described in Exhibit "D" attached hereto and incorporated herein by this reference.

K) Non-Discrimination. Contractor shall not discriminate against any person on the basis of any characteristic identified in Civil Code Section 51, as the same may be renumbered or amended from time to time, or on any other basis prohibited by state or federal law or City ordinance.

L) Service Goals.
i) Contractor shall cooperate with City in the establishment, at least annually, or more frequently if requested by City, of service goals for (1) recycling and special services which will enable Contractor to increase public support and use of these services and to meet or exceed Contractor's warranty regarding commercial recycling set forth in Section 4(h)(ii), (2) quality of customer service which will enhance customer satisfaction and reduce or limit liquidated damages that may be assessed in accordance with Section 12(b), and (3) disposal reduction and diversion which will enable City to achieve and exceed the State mandated levels. ii) If established service goals are not met, at City's request, Contractor shall prepare and submit to City for its review and approval a plan of action to meet such goals. If established service goals are not met, Contractor shall use due diligence and best efforts to increase the amount and enhance the effectiveness of the services required under this Agreement. If the parties agree that new and additional kinds of services are required, Contractor and City shall negotiate the terms and conditions for providing such new services, including an adjustment to the permitted rates and charges under this Agreement. If quality of customer service goals established pursuant to subsection (L)(i)(2) of this Section are not met, City may increase corresponding liquidated damages up to one hundred percent (100%) for a period of up to one (1) year.
5) Contractor's Equipment and Personnel.

A) Collection Equipment.

Attachment A

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Packet Pg. 539 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

i) All items collected under this Agreement shall be conveyed in well-maintained modern equipment, so constructed and so loaded that there will not be any leakage or loss of such items from the equipment. All tools, vehicles and receptacles utilized by Contractor in performing the services under this Agreement shall be of a type capable of handling such Refuse, Recyclable Materials and Yard Waste for which they are used and shall be kept clean and in a good state of repair. ii) Contractor's collection vehicles shall be identified, painted and subject to inspection and other rules as set forth in Exhibit "E" attached hereto and incorporated herein by this reference.

B) Ownership of Equipment. All equipment and personal property used by Contractor in the performance of this Agreement shall be owned by Contractor; however, Contractor may lease vehicles if the leases are for not more than five (5) years and there are no residual costs, but the specific leasing arrangements shall provide that in the event of default, City, at its option, shall have the right to take possession of and operate said equipment and property in the event Contractor shall fail, refuse or neglect for any reason to collect and properly process and dispose of Refuse, Recyclable Materials and Yard Waste, as required by this Agreement. Contractor's equipment and personal property shall not be encumbered in a manner that would interfere with the City's rights under this Section. Any lease entered into by Contractor pursuant to this Section with an affiliate shall not contain terms and conditions more favorable to the affiliate than the terms and conditions of leases generally available from unrelated third parties.

C) Contractor's Failure to Perform. In the event that Contractor shall fail, refuse or neglect for any reason to collect and properly process and dispose of or recycle items as required by this Agreement for a period in excess of seventy-two (72) consecutive hours, City may collect and process the same, or cause the same to be collected, processed and disposed of or recycled, and Contractor shall be liable for the expense incurred by City. This right of City shall be cumulative and in addition to any and all other remedies it may have in the event of any such failure, refusal or neglect of Contractor. City may, during any such period of failure, refusal or neglect by Contractor, take possession of Contractor's equipment and personal property used for the collection, processing and disposal or recycling of the Refuse, Recyclable Materials and Yard Waste and employ such forces as it may deem advisable to continue the required collection, processing, disposal and recycling services. The cost of all labor, materials and equipment necessary for City to perform such required services, under those conditions, shall be paid by Contractor and may be deducted and retained by City from any monies then due or to become due to Contractor under or by virtue of this Agreement. City's performance of any such services under those circumstances shall not be deemed an election of remedies and shall not preclude City from seeking any other available remedies.

Attachment A

9.1.b
Packet Pg. 540 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

D) Labor Disputes. Contractor shall promptly report to City any knowledge of Contractor that an actual or potential labor dispute is delaying or threatening to delay the performance of Contractor under this Agreement, and Contractor shall disclose all relevant information with respect thereto.
6) Rights and Obligations Affecting Customers.

A) Container Requirements. City shall use best efforts to require, by ordinance or otherwise, that all customers receiving refuse or recycling services from Contractor use the receptacles provided by Contractor for the purposes intended.

B) Storage and Collection Requirements. City shall use best efforts to require, by ordinance or otherwise, that all customers receiving services pursuant to this Agreement store and set out Refuse Containers, Recycling Containers and Yard Waste Containers and other approved receptacles at the times and in the manner required as part of the collection program operated by Contractor and approved by City.

C) Ownership of Recyclable Materials. From the time of placement of Recyclable Materials at Curbside, or other approved collection locations, Recyclable Materials shall become the property of Contractor; provided, however, that the customer who placed those items for collection may retrieve such items as desired prior to collection. 7) City's Responsibilities.

A) Public Awareness Program. City agrees to conduct and participate in public education programs to encourage recycling, including organic waste recycling programs.

B) Protection of Contractor's Rights in Recyclable Materials. City agrees reasonably to assist Contractor in protecting Contractor's ownership of the Recyclable Materials placed at Curbside or other approved collection locations.

C) Assistance with Permits. City agrees to assist Contractor, to the extent reasonably possible, in Contractor's obtaining such permits and licenses as may be required for Contractor's performance of its services under this Agreement. 8) Exclusivity.

A) City agrees that Contractor shall have the exclusive right, authority and franchise to provide the services described in this Agreement, subject to certain exceptions set forth below. Subject to those exceptions, City shall not award any contract to, or enter into any contract with, any other person or organization for the performance of services required to be performed by Contractor.

B) The right and authority of Contractor hereunder shall be exclusive, except with respect to the following:

Attachment A

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Packet Pg. 541 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

i) Hauling of Refuse or Yard Waste that is provided incidental to the provision of other goods or services and without the use of a Refuse Container, bin or debris box, such as the hauling of Yard Waste by a landscaper, the hauling of tree trimmings by a tree service, the hauling of construction debris by a construction contractor and the hauling of used Bulky Goods by the seller of such goods; ii) Collection and disposal of Recyclable Materials from Commercial Customers if the transaction does not result in a payment or other consideration to the hauler of such materials by the Commercial Customer who generated the Recyclable Materials; and iii) Collection and disposal of tallow, restaurant grease and such other commercial bi- products and other non-salable material from commercial premises upon which the parties may from time to time agree.
9) Recordkeeping and Reports.

A) Monthly Reports. During the term of this Agreement, Contractor shall furnish to City monthly reports, due within fifteen (15) days after the end of each month, providing the information that is described in Exhibit "F" attached hereto and incorporated herein by this reference and such other information that is required by City and the terms of this Agreement to be included in the monthly reports.

B) Annual Financial Reports. Contractor shall provide to the City annually, within one hundred and eighty (180) days after the end of each of Contractor's fiscal years ending during the term of this Agreement, Contractor's audited financial statements, including footnotes and accountant's letter. Unaudited financial statements shall be provided within sixty (60) days after the end of each of such fiscal years. In connection with any such review by City, Contractor shall respond to any questions of City concerning Contractor's financial ability to perform its obligations under this Agreement. Upon request, Contractor will provide all information reasonably requested with respect to any transactions between the Contractor and any Affiliate.

C) Financial Records. Contractor shall maintain financial books and records, according to generally accepted accounting principles, for each year, and for each of the preceding five (5) years, during the term of this Agreement. These books and records shall reflect all business operations of Contractor under this Agreement and shall be available to City for review at all reasonable times during regular business hours. The books and records shall include accurate data regarding Contractor's revenues from and costs to perform all of its services under this Agreement and shall reflect accounting for costs attributable to the provision of services under this Agreement separate from accounting for costs attributable to the provision of services in any other jurisdiction. Without limiting any of the City’s rights and remedies under this Agreement, it is agreed and understood that Contractor's failure to maintain and make available for City's review the required books and records may be cause for termination of this Agreement by City.

Attachment A

9.1.b
Packet Pg. 542 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

10) Rates and Charges.

A) In General.
i) The allowable compensation for Contractor's services relating to the performance of its obligations under this Agreement is subject to determination by City pursuant to the Code and the procedures set forth herein. Contractor understands that the rates described in this Agreement constitute the full and sole compensation for the services of Contractor under this Agreement. No other or additional charges shall be made or payments shall be sought and/or accepted by Contractor either from City or from any other person for any of Contractor's services in performing its obligations under this Agreement, except for revenues which Contractor receives from the sale of Recyclable Materials.
ii) The rates identified in Exhibit G of this Agreement will remain in place through the term of this Agreement, until a new franchise agreement is adopted and made effective.

B) Collection Rates. The maximum permitted rates which may be charged for Contractor's collection, disposal and related services hereunder during the Agreement are set forth in Exhibit "G" attached hereto and incorporated herein by this reference.

C) Special Service Rates. Special rates which may be charged for Contractor's extra pickup and other special services are set forth in Exhibits "C" and "G" attached hereto. Unless charges are specifically authorized herein, Contractor's pickup and other special services will be without charge to customers or City.

D) Special Requests for Extraordinary Rate Adjustments. i) Contractor shall have the option of filing a special request, with supporting documentation, for an adjustment to the rates to recover any significantly increased costs that Contractor can demonstrate have resulted from extraordinary and unanticipated changes in circumstances occurring during the term of this Agreement, such as the unavailability of or changes in landfill disposal sites that have been approved by City, changes in laws or regulations, new or increased taxes or fees imposed by a governmental agency, or other extraordinary events or circumstances beyond the reasonable control and anticipation of Contractor.

However, the fact that economic conditions or operating assumptions made by Contractor when entering into this Agreement do not turn out as anticipated by Contractor is not alone a valid basis for a request for adjustment by Contractor under this section. Any such adjustment in the rates shall be subject to the discretion of the City Council of City and shall be based upon evidence of the increased costs to Contractor of performing its required services under this Agreement (and shall take into consideration Contractor's revenues).

Attachment A

9.1.b
Packet Pg. 543 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

ii) City shall not be responsible for any damages to Contractor as a result of City's failure to approve a rate increase to which Contractor is otherwise entitled pursuant to this Agreement; provided, that any rate increase that is enacted after the date on which enactment is otherwise required under this Agreement shall be calculated to permit Contractor to recover the full amount of revenue that Contractor would have received had the rate increase been enacted in a timely manner. iii) If Contractor requests a rate adjustment due to changes in circumstances relating to landfill disposal sites, City shall have the option of providing a substitute landfill disposal site, at City's expense, and adjusting Contractor's approved rates by an amount fairly equivalent to Contractor's changed costs, if any, as a result of the use of the substitute landfill disposal site provided by City. Upon City's request, Contractor shall submit to City evidence satisfactory to the City in the City’s reasonable discretion of Contractor’s costs attributable to the use of the landfill disposal sites for which City may provide a substitute.

E) Rate Adjustments Relating to Landfill Direction. If City has directed Contractor to deliver Refuse to a landfill or other waste management facility, Contractor and City shall negotiate a fair and reasonable adjustment to service rates and charges that reflect all of the cost increases or decreases resulting from the City' s direction of the waste. Costs to be included in the negotiation include, but are not limited to, tipping fees, labor, fuel, and equipment.
11) Payments.

A) Customer Billings and Collections. Contractor, at its own expense, shall perform all customer billing services, which shall be on a quarterly cycle, and all collection of charges billed in connection with Contractor’s services to customers described in this Agreement prior to the customer billings being assigned to City as provided for by subsection (B) below. A summary of all billings to customers and collections of charges during each month shall be furnished to City at least monthly, not later than the fifteenth (15th) day of the following month, during the term of this Interim Agreement.

The billing summary shall include all of the information set forth in Exhibit "H".

B) Nonpayment By Customers. Contractor may assign its customer billings to City as provided for by Government Code sections 25831 and 38790.1 and the Gilroy City Code, Chapter 12.

C) Disputes. All disputes regarding rates, charges and adjustments shall be resolved in accordance with the procedures set forth in Section 17 of this Agreement.

D) Franchise and Administrative Fee. In consideration for the franchise granted under this Agreement, Contractor shall to submit to City, on the tenth (10th) day following the last day of each month during the term of this Agreement, an administrative fee equal to Attachment A

9.1.b
Packet Pg. 544 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

four percent (4%), and a franchise fee equal to five percent (5%), of the total gross receipts actually collected or received by or on behalf of Contractor from all customers in connection with the services performed hereunder, except for those revenues received by Contractor in connection with the sale of Recyclable Materials (collectively, the "City Fee"). The City Fee shall be considered due on the last day of each month and payable on the tenth (10th) day thereafter. For example, if September bills are mailed on October 1, the City shall be paid on or before November 10 the appropriate percentage of all amounts collected during the month of October. Contractor shall send the last page of the monthly cash receipts journal, the billing register and the accounts receivable aging report to the City each month to verify collections for each month.

Upon reasonable notice, City shall be given access to Contractor's billing and collection records. The City may increase the franchise fee to a maximum of seven percent (7%) upon ninety (90) days' written notice to Contractor; provided, that in the event the City increases the City Fee it shall, prior to the effective date of the increase, enact an increase in collection rates that shall permit Contractor to recover the full amount of the increase, including an allowance for the operating ratio.

E) Late Payment Charge. Contractor agrees to pay a late payment service charge of five percent (5%) of the unpaid amount of any City Fees that become due hereunder and remain unpaid for more than ten (10) days. Such amount of unpaid City Fees, if left unpaid, shall accrue interest at a rate of 10% simple interest per annum until paid, calculated based on a 365 day year.
12) Performance Audits and Liquidated Damages.

A) Performance Audit. City may conduct performance audits of Contractor's operations and services under this Agreement in its discretion. The audit will be conducted by a qualified firm selected by City, and Contractor shall reimburse City for its costs of this audit in an amount not to exceed $25,000 for the first performance review, increased by $5,000 per review for each subsequent review. The audit will address and review appropriate areas of performance including, but not limited to (1) organizational structure and management systems and procedures, (2) efficiency of collection and disposal operations, (3) staffing practices, including the deployment of management and supervisory personnel, (4) financial management practices, including billing and collection systems, (5) personnel practices and the resolution of employee grievances, (6) the handling of customer complaints, requests and inquiries, (7) the acquisition, maintenance and replacement of equipment, (8) the utilization and management of facilities, and (9) achievement of established service goals, as described in Section 4(L) of this Agreement. In the event that this audit reveals areas of performance which the City believes should be changed or improved, the City may request, and Contractor shall attend, a meeting at which the parties shall confer with respect to these matters.

Contractor shall be required to adopt any changes requested by the City to rectify a Attachment A

9.1.b
Packet Pg. 545 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

failure to perform according to the terms of this Agreement or a hazard to public health or safety. Contractor shall be required to consider in good faith adoption of any changes that will not materially increase Contractor's costs of performance under this Agreement.

B) Liquidated Damages. In addition to any other rights or remedies of City afforded by any provision of this Agreement or by law, City shall have the following rights with respect to Contractor's failure to perform Contractor's required services under this Agreement.

City shall give written notice to Contractor of any such failure to perform required services, and in such notice, City shall provide to Contractor a fixed period of time of not less than thirty (30) days to comply with its required services under this Agreement or to correct any failure to perform such services. If Contractor fails to perform such required services or correct any such failure, City shall, in addition to any other remedies available to it, have the right to assess and collect from Contractor the liquidated damages applicable to the type of service or failure, as set forth in Exhibit "I" attached hereto and incorporated herein by this reference. City's rights to assess liquidated damages pursuant to this section of the Agreement shall be in addition to any other rights or remedies of City, including the rights of City provided in Section 12.14 of the Code. The parties agree that the liquidated damages are a reasonable estimate of unmeasurable damages that would result from Contractor's failure to perform certain required services described in Exhibit "I".
13) Relationship of Parties.

A) Independent Contractor. It is expressly understood and agreed by the parties that at all times in connection with this Agreement Contractor shall be an independent contractor.

All persons employed by Contractor in connection with this Agreement shall be employees of Contractor and not employees of City in any respect. Subject to the requirements set forth herein, the means whereby Contractor's obligations under this Agreement are performed by Contractor shall at all times be under the control and supervision of Contractor. Neither Contractor nor its employees or agents shall at any time represent themselves to be employees or agents of City in any manner or for any purpose.

B) Indemnification.
i) To the maximum extent permitted by law, Contractor hereby agrees to defend and indemnify City, its City Council, commissions, officers, agents, volunteers and employees against any claim, injury, liability, loss, costs, fines, penalties and/or expense or damage, however same may be caused, including all costs and reasonable attorneys' fees in providing a defense to any claim or legal action, arising directly or indirectly from any of Contractor's acts, errors or omissions with respect to or in any way connected with Contractor's operations, services, fees or charges Attachment A

9.1.b
Packet Pg. 546 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

relating to this Agreement, including without limitation, any failure of Contractor to comply in all respects with the provisions of this Agreement and all federal, state and local laws and regulations applicable to Contractor's performance hereunder and any claim that City's award of an exclusive franchise herein is illegal. The acceptance by City of any work or services performed by Contractor under this Agreement shall not operate as a waiver of any such right to indemnification. ii) Upon the demand of City, Contractor shall provide a defense to City and its representatives who are named as defendants in any legal action or proceeding for which indemnification is required. City shall have the right to approve counsel selected by Contractor for the defense of any such matter. Contractor shall not settle any claim or lawsuit without the prior approval of City, which approval shall not be unreasonably withheld.
iii) Contractor's obligations under this subsection to indemnify City shall not extend to any claim, injury, liability, loss, costs, fines, penalties and/or expense or damage arising solely from the negligence or willful misconduct of City or its officers, agents, volunteers or employees.

C) Hazardous Substances Indemnification. Contractor shall indemnify, defend with counsel reasonably acceptable to City, protect and hold harmless City, its elected and appointed boards, commissions, officers, employees, and agents (collectively, "Indemnitees") from and against all claims, damages (including, but not limited to, special, consequential, natural resources and punitive damages), injuries, costs (including without limit any and all response, remediation and removal costs), losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties, attorneys' fees for the adverse party, and expenses (including without limit attorney's and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this Indemnity), of any kind whatsoever paid, incurred or suffered by, or asserted against, Indemnitees arising from or attributable to the acts or omissions of Contractor, its officers' directors, employees, companies or agents, whether or not negligent or otherwise culpable, in connection with or related to the disposal of Hazardous Materials collected in the City by Contractor after the effective date of this Agreement.

D) Provisions of this Agreement and of the Prior Agreement for indemnification and defense shall survive the termination of the same.
14) Guaranty.

Contractor shall provide the written guaranty of Contractor's performance of all of its obligations under this Agreement by its affiliate, Recology Inc., a California corporation.

Said guaranty shall be in the form of Exhibit "NJ" attached hereto and incorporated herein by this reference.

Attachment A

9.1.b
Packet Pg. 547 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

15) Insurance.

A) Insurance Coverages and Amounts. Contractor agrees to maintain in full force and effect, at Contractor's own cost and expense, at all times during the term of this Agreement, insurance coverages of the types and in the amounts set forth in Exhibit "K" attached hereto and incorporated herein by this reference.

B) Certificates of Insurance. Contractor shall provide to City certificates of insurance evidencing the insurance required to be maintained by Contractor in accordance with this section. Such certificates shall comply with all requirements therefore set forth in Exhibit "K".
16) Assignment. Contractor shall not in any manner assign its rights or delegate its duties or obligations under this Agreement, either fully or in part, by operation of law or otherwise, without the prior written consent of City, which consent shall not be unreasonably withheld. Any sale of assets or securities, or any merger or reorganization of Contractor as a result of which there is a change in the majority ownership of or the right to control Contractor shall be deemed an assignment by Contractor requiring the prior written consent of City.
17) Dispute Resolution.

A) Call for Mediation. If the parties are unable to resolve a dispute arising under this Agreement in a cooperative manner, either party may call for mediation, as hereafter described. The party calling for mediation shall serve notice in writing upon the other party setting forth the question or questions to be mediated. The costs of the mediation shall be borne equally by the parties.

B) Mediation. Within ten (10) days after delivery of the notice called for under subsection (a), the parties shall select a mutually acceptable mediator from the Judicial Arbitration and Mediation Service ("JAMS") or other mutually agreeable organization. In the event the parties are unable to agree on a mediator, a mediator shall be selected for them at random by the San Francisco office of JAMS or other mutually agreeable organization.

Within ten (10) days thereafter, the parties shall meet with the mediator in a good faith attempt to resolve their dispute. The parties shall continue to meet with the mediator until their dispute is resolved or the mediator indicates that he or she does not believe that further efforts are likely to result in a successful resolution. 18) Term and Termination of Agreement.

A) Commencement and Term. This Agreement shall commence on the Effective Date. The term of this Agreement shall be from the Effective Date through December 31, 2022, or until replaced with a new franchise agreement, whichever occurs soonest.

Attachment A

9.1.b
Packet Pg. 548 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

B) Termination Upon Default. In addition to any other rights of City to terminate this Agreement, including such rights set forth in other provisions of this Agreement, City shall have the right set forth in this subsection to terminate this Agreement upon the occurrence of certain events herein described. Upon any material default of Contractor in the performance of its obligations under this Agreement, City may give to Contractor a written notice setting forth the nature of the default and demand that said default be cured within a reasonable time, which as used herein shall mean such period of time as will be reasonably required under all facts and circumstances of the particular matter to cure said default; however, in no event shall such time exceed a period of sixty (60) days, or be less than a period of thirty (30) days, after the giving of such notice. If Contractor fails, neglects or refuses within the time stated to cure said default or to comply with the relevant terms of this Agreement, then City, without further notice or other proceedings, shall have the right to terminate this Agreement and all of Contractor's rights hereunder.

C) Strike or Labor Dispute. The parties hereby agree that if Contractor's failure to perform hereunder is due to a strike or labor dispute, this Agreement shall not terminate and shall continue to be effective for the duration of such strike or labor dispute. Such failure to perform shall not be considered a material default for purposes of subsection (B), but it may qualify as a failure to perform pursuant to Section 5(C). In the event of such a strike or labor dispute, Contractor shall maintain an unobstructed entrance at its place of business which is not regularly used but which will be primarily reserved for use by City access while City or its designated representative is collecting Refuse. If the labor dispute or picketing blocks access to Contractor's place of business, Contractor shall receive no compensation for any time period in which it failed to collect and remove Refuse in accordance with the provisions of this Agreement.

D) Termination Upon Insolvency Events. If Contractor shall at any time during the term of this Agreement become insolvent, or if bankruptcy proceedings shall be instituted by or against Contractor, or if Contractor shall be adjudged bankrupt or insolvent by any court, or if a receiver shall be appointed for any substantial part of Contractor's assets, or if Contractor shall make an assignment of any substantial portion of its assets for the benefit of its creditors, then in any such event, at the option of City, this Agreement shall immediately terminate upon notice by City to Contractor. Under no circumstances shall this Agreement or franchise hereunder become a part of the assets of the estate of Contractor as a bankrupt, insolvent or assigning entity, as set forth in this section.

E) Effect of Termination. In the event of the termination of this Agreement on account of Contractor's default, failure to perform its obligations hereunder or insolvency, City shall have the right to take possession of Contractor's equipment, vehicles, tools, computers, software, business records, including billing and collection records, and other personal property reasonably necessary to continue the services performed by Contractor under Attachment A

9.1.b
Packet Pg. 549 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

this Agreement; provided, however, that City shall not be entitled to possession of proprietary information such as route maps, nor shall Contractor be required to provide customer lists unless and until City has entered into a refuse collection agreement with another collector. City shall have the right to retain possession of said equipment until other suitable replacements can be purchased or otherwise acquired by City for said purpose, and City shall pay Contractor the reasonable rental value of such equipment and personal property during the time it is used by City for said purpose. During such time, City shall retain all fees, charges and revenues applicable to the collection, disposal and recycling services performed by City.
19) Notices. Any notice required or permitted to be given to a party pursuant to the provisions of this Agreement shall be in writing and shall be effective upon personal delivery, to Contractor's designated representative or to the City Administrator, or three (3) days after deposit in the U.S. Mail, first class, postage prepaid and properly addressed to the party to be notified at the address set forth at the end of this Agreement or at such address as such party may designate by advance written notice to the other party in accordance with this section.
20) Miscellaneous Provisions.

A) Entire Agreement. This Agreement constitutes the entire Agreement between the parties pertaining to its subject matter and supersedes all prior or contemporaneous written or oral agreements and understandings of the parties, either express or implied, including, without limitation, the Prior Agreement.

B) Modifications and Waivers. Any modification or amendment of this Agreement shall be effective only if evidenced by a written instrument executed by duly authorized representatives of the parties hereto. Any party may waive specific rights hereunder, which shall be effective only if evidenced by a written instrument executed by a duly authorized representative of such party. In no event shall such waiver of any rights hereunder constitute the waiver of such rights in any future or other instance unless the waiver so specifies in writing.

C) Severability. In the event any provisions of this Agreement should, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, which shall remain valid and enforceable to effectuate the original intent of the parties to the fullest extent practicable.

D) Interpretation. The captions in this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of this Agreement. Any pronouns or references used herein shall be deemed to include the masculine, feminine or neuter genders, as appropriate. Any expression in the singular or the plural shall, if appropriate Attachment A

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in the context, include both the singular and the plural. The parties agree that this Agreement shall be fairly interpreted in accordance with its terms without any strict construction in favor of or against either party, and that ambiguity shall not be interpreted against the drafting party.

E) Further Documents. Each party agrees to execute and deliver any and all documents which may be required or expedient to carry out the provisions and intent of this Agreement.

F) Authority. Each person executing this Agreement on behalf of a party hereto represents and warrants that he or she has been duly authorized to execute and deliver this Agreement on behalf of the party and that this Agreement is binding upon the party in accordance with its terms.

G) Multiple Originals and Counterparts. Each executed copy of this Agreement, if more than one, shall be deemed an original for all purposes, and this Agreement may be executed in counterparts or by annexing signature pages hereto showing assent to the terms of this Agreement.

H) Validity. In any action or proceeding between the parties arising from or relating to this Agreement, neither party shall challenge the validity of this Agreement or the manner of its adoption.

I) Exhibits. The following exhibits are attached to this Agreement, each of which is incorporated herein by reference.

Exhibit A: Collection Schedules and Rules
Exhibit B: Container Specifications and Rules
Exhibit C: Extra Pickup and Other Special Services
Exhibit D: Customer Service Standards
Exhibit E: Collection Vehicle Specifications
Exhibit F: Monthly Reports
Exhibit G: Approved Collection and Special Services Rates Exhibit H: Form of Monthly Billing and Collection Report Exhibit I: Liquidated Damages for Failure to Perform
Exhibit J: Guaranty of Performance
Exhibit K: Required Insurance Coverages
Attachment A

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Packet Pg. 551 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

IN WITINESS WHEREOF, the parties hereto sign this Agreement as of the Effective Date set forth at the beginning hereof.

CITY: CONTRACTOR:

CITY OF GILROY RECOLOGY SOUTH VALLEY

_____________________________________

____________________________________
Marie Blankley, Mayor Salvatore M. Coniglio, Chief Executive Officer

APPROVED AS TO FORM:

ATTEST:

_____________________________________

_____________________________________
Andrew Faber Esq., City Attorney Thai Nam Pham, City Clerk

Attachment A

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Packet Pg. 552 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

EXHIBIT "A"

COLLECTION SCHEDULES AND RULES
1) Service Area & Collection Routes and Schedules. Contractor shall perform the required collection services in the areas and along the routes mutually agreed upon by the parties.

Contractor shall collect all materials in accordance with schedules agreed upon and changed from time to time with the approval of City. When the regular collection day falls on a holiday, collection shall be made on the next collection day. Alleyway collection service shall continue to be available during the term of this Agreement to all residences for which such service was available on the effective date of this Agreement at no extra charge. 2) Collectable Material. Contractor shall have the sole and exclusive authority and obligation to collect and remove those of the following materials which are segregated and placed in (or next to, if authorized) appropriate containers at Curbside on public streets (or other approved location) for collection from customers as specified by the corresponding schedules, and regardless of weather conditions.

A) Refuse shall be collected from all customers on a weekly basis.

B) Organic Waste shall be collected from all customers on a weekly basis.

C) Recyclable Materials shall be collected from all Residential Customers and all Multi- Family Can Customers on a weekly basis. Contractor shall provide commercial recycling to all voluntarily subscribing Commercial Customers, for whom collection of Recyclable Materials shall be provided on a weekly or as-needed basis. Recyclable Materials shall be collected from voluntarily subscribing Multi-Family Bin Customers on a weekly or as- needed basis.
3) Non-Collectable Material. Contractor shall not be required to collect Hazardous Materials or other materials which are not Refuse, Yard Waste or Recyclable Materials, nor shall Contractor be required to collect materials which are not placed as required by applicable collection rules for such items. If Contractor refuses to collect such misplaced materials, Contractor shall leave a notice explaining why such materials were not collected. The form and content of such notice shall be subject to approval by City. 4) Missed Pick-ups. In case of a missed pick-up called in by a customer or City, Contractor shall collect the materials from the customer during the next regular collection day. All calls relating to missed pick-ups shall be logged in by Contractor. The log shall be sent to City on a monthly basis, but shall be available for inspection at any time by City. 5) Litter Abatement. Contractor shall use due care to prevent Solid Waste or fluids from leaking, being spilled and/or scattered during the Collection or transportation process. If any Solid Waste or fluids leak or are spilled during Collection, Contractor shall promptly Attachment A

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Packet Pg. 553 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

clean up all such materials. Each Collection vehicle shall carry a broom and shovel at all times for this purpose.

Attachment A

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Packet Pg. 554 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

EXHIBIT "B"

CONTAINER SPECIFICATIONS AND RULES
1) Container Specifications
A) Recycling Containers. The Recycling Containers to be provided and used in the residential curbside recycling program shall be one (1) fourteen (14) and one eighteen (18) gallon bin for each customer, having a design and specifications acceptable to City and having at least one (1) hole near the bottom of each container.

B) Refuse Containers. The material, shape, color, labels and all other design specifications of the Refuse Containers, except for size (which is specified in the Agreement), shall be as agreed upon by the parties and may be subsequently changed from time to time with the prior written approval of City. The containers shall have a weight limit of seventy (70) pounds per thirty-two (32) gallons of capacity.

C) Yard Waste Containers. The material, shape, color, labels and all other design specifications of the Yard Waste Containers, except for size (which is specified in the Agreement), shall be as agreed upon by the parties and may be subsequently changed from time to time with the prior approval of City.
2) Container Rules
A) All containers for the integrated waste management program services described in the Agreement shall be purchased, provided and delivered to customers by Contractor.

B) Contractor shall provide, at Contractor's sole cost and expense, such additional recycling containers to those eligible customers in City that demonstrate the need for such additional containers because of the amount of Recyclable Materials collected from such customers.

C) Contractor shall replace all containers at its own expense, whether such replacement is due to loss, theft, damage, destruction, normal use, normal exposure or manufacturing defects. Contractor shall provide to City documentation of the cost of such containers.

D) Newspaper and cardboard will be placed in paper bags or flattened and set next to the Recycling Containers, or bundled in a fashion which allows for easy collection. Motor oil shall be placed in the Contractor provided one (1) gallon HDPE plastic container or in any watertight, screw capped one (1) gallon container provided by the residential customer, and Contractor shall provide the zip-lock plastic bag for the recycling of used motor oil filters to any residential customer, upon request. Contractor shall provide these used motor oil containers and oil filter containers at no cost to the customers.

Attachment A

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Packet Pg. 555 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

EXHIBIT “C”

EXTRA PICK-UP AND OTHER SPECIAL SERVICES
1) Extra Pick-up
A) Amnesty Tags. Contractor shall provide and be responsible for the distribution of quarterly "Amnesty Tags" to each eligible customer. The Amnesty Tags shall allow the customer to discard up to thirty-two (32) gallons of refuse, not exceeding thirty-five (35) pounds in weight, one time per quarter at no additional charge. Contractor shall initially supply these "Amnesty Tags" in the public outreach packet included in the delivery of the Refuse, Yard Waste and Mixed Paper containers. All future distributions of the "Amnesty Tags" will be the responsibility of Contractor.

B) Extra Pick-Up Tags. Contractor shall offer "Extra Pick-Up Tags" for a cost identified in Exhibit “G” for purchase by individual can customers for extra refuse above their subscription service. Contractor shall make available these Extra Can Tags at Contractor's office, City Hall, and participating local merchant locations. Extra Pick-Up Tags may be attached to refuse placed in a single plastic bag, the weight of which shall not exceed fifty (50) pounds.

C) Other Overages.
i) Yard Waste Overages. Overages of Yard Waste are allowed if they are bundled in 1' x 2' x 4' dimensions and overages do not exceed ten (10) bundles or cans per household per two (2) week period.
ii) Mixed Paper. Overages of Mixed Paper shall be collected if they are placed in a paper bag no larger than 1' x 2' x 2'. Customers shall be limited to no more than five (5) such bags per week.
iii) Christmas Trees. Contractor agrees to continue to collect Christmas trees from customers beginning the first service day after Christmas and continuing until the fifteenth (15th) day of January.
2) Bulky Goods. Contractor shall offer a Bulky Goods pick-up service on an on-call basis for the collection of items such as White Goods, electronic waste, furniture, mattresses and carpets. The charge for the collection of these items shall be identified in Exhibit “G”. 3) Oil Filter Recycling. Oil Filter Recycling shall be provided by Contractor at no charge to all residential customers receiving can service. The service will be provided weekly and Contractor agrees to provide plastic zip-lock bags to such customers who may wish to recycle their oil filters at no charge. Contractor agrees to pick up oil filters as long as they are securely sealed in the Contractor-provided bag. Contractor shall be responsible for the advertising of this program to all eligible customers.

Attachment A

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Packet Pg. 556 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

4) Voluntary Recycling. Contractor shall provide weekly recycling service to Multi-Family Bin Customers and Commercial Customers who voluntarily subscribe to such service. Those subscribing Multi-Family Bin Customers shall be charged a fee identified in Exhibit “G” for recycling services. The material collected will include all those materials listed under Section 1(I) of the Agreement. Multi-Family complexes will also have the option to utilize Contractor's Commercial Recycling rate of seventy percent (70%) of the Refuse rate as shown in Exhibit “G”. Commercial Can Customers shall be eligible for two (2) eighteen (18) gallon bins upon request at no additional charge for Recyclable Materials. 5) Community Cleanup Projects. Contractor shall provide service to City for the City sponsored community cleanup projects at no charge and upon City's request. Contractor agrees to provide for the drop off, collection and disposal of debris boxes from said cleanup projects up to six (6) times per year, with a maximum of two (2) 20- yard containers to be provided for each event.
6) Complaints of Illegal Dumping. Contractor agrees to service complaints of illegal dumping of Bulky Goods on public properties at no charge and upon City's request. Complaints regarding items such as washers, furniture, mattresses, etc., that have been illegally disposed of on public property will be referred to Contractor by City for pick-up within forty- eight (48) hours of notification. Contractor shall provide documentation to City within seven (7) business days that the items under complaint have been picked up. 7) Drop-Off Recycling. Contractor shall make available, at Contractor's expense, drop-off recycling location during the term of the Agreement, except as otherwise may be directed by written notice from City to Contractor. Contractor shall make arrangements for drop-off recycling for residents and businesses of City or other places as and in accordance with rules approved by City. Contractor's recovery program shall consist of the placement of bins at said location for deposit of Recyclable Materials. No charges shall be made for drop-off recycling by residents of City, unless specifically authorized by City and set forth in Exhibit "G" hereto, provided that the items dropped off are generated within the City and do not exceed two (2) 18-gallon containers per resident per week. Contractor shall include regular advertisements of this drop-off recycling location and services in its promotional program described in Section 4(h) of the Agreement.
8) Street Sweeping.

A) Scope of Services.
i) Contractor shall perform street sweeping operations using appropriate vehicles on all designated City streets, as identified by the City and approved by the Contractor, no less frequently than once every two weeks, weather permitting, except as provided below.

Attachment A

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Packet Pg. 557 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

ii) Contractor shall perform street sweeping operations using appropriate vehicles in City business districts and on arterial streets, as identified by the City and approved by the Contractor, no less frequently than once per week, weather permitting. iii) Contractor shall perform street sweeping operations using appropriate vehicles on certain City parking lots, as identified by the City and approved by the Contractor, no less frequently than once every two weeks, weather permitting.

B) Performance Requirements.
i) Contractor will provide sufficient equipment to guarantee uninterrupted service to City, at Contractor' s sole cost and expense. Contractor shall maintain the equipment in good repair and operating condition and shall provide all fuel, lubricants, tires, and all materials and supplies for the operation thereof. Contractor, at its sole cost and expense, shall furnish competent personnel to operate all equipment and such other employees as required to furnish adequately the service required in this Section.
ii) Contractor shall be solely responsible for disposal of all sweepings collected by Contractor in the performance of services pursuant to this Section. iii) Contractor shall not be required to perform street sweeping in any new subdivision or development in the City until the public improvements of the subdivision or development have been accepted by the City
iv) Contractor shall be provided with access and the materials necessary to obtain water from City water hydrants and shall be allowed to use such water as necessary to perform duties under this Section free of charge.

C) Service Exclusions. Contractor and City agree that the street sweeping performed by Contractor pursuant to this Interim Agreement shall be the collection and disposal of routine debris from streets. The following types of street sweeping are excluded from this Interim Agreement:
i) Street Sweeping to clear debris from public emergencies and traffic accidents during non-operational hours; and
ii) The clearing of hazardous waste.
9) Phase 1 of the Commercial Generator Desktop Compliance Reviews for SB 1383, AB 1826, and AB 341 Compliance
A) Contractor shall complete a compliance review of all Multi-Family and Commercial Customers that subscribe for two (2) cubic yards or more per week of Solid Waste, including Organic Materials, to determine whether they are subscribed for Organic Materials collection service and Recyclable Material collection service, as applicable. The Attachment A

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Packet Pg. 558 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

Commercial Generator Desktop Compliance Reviews consist of a “desk” review of records to determine Customers’ compliance and does not require on-site observation of service.

B) As part of the compliance review described in subsection (A) above, Contractor shall identify covered generators requiring Organic Materials collection service under AB 1826 and SB 1383, as well as those covered generators not enrolled for service. For the purposes of this subsection (B), a covered generator is a Multi-Family or Commercial Customer that is subscribed for two (2) cubic yards or more of Solid Waste per week.

C) As part of the compliance review described in subsection (A) above, Contractor shall identify covered generators requiring Recyclable Material collection service under AB 341, as well as those covered generators not enrolled for service. For the purposes of this subsection (C), a covered generator is a Multi-Family or Commercial Customer that is subscribed for four (4) cubic yards or more of Solid Waste per week.

D) The desktop compliance review shall be completed in the month of August and reported to the City by the first week of September of 2022.
10) AB 1826 and SB 1383 Outreach and Education
A) Contractor shall complete outreach using a variety of platforms and tools each month, which shall focus on the requirements of AB 1826 and SB 1383 including ads in local publications, social media, mailings, etc. Outreach conducted shall be reported to the City at the end of each month for the duration of this Agreement.

Attachment A

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Packet Pg. 559 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

EXHIBIT "D"

CUSTOMER SERVICE STANDARDS
1) General Service Standards. In addition to the customer service standards set forth elsewhere in the Agreement, including its Exhibits, Contractor shall also maintain the following standards:

A) Professionalism. Contractor shall perform all services under the Agreement in a thorough, professional, sanitary, safe and careful manner. Contractor shall establish and enforce an educational program which will train Contractor's employees in the identification of Hazardous Waste. Contractor shall also train its employees in customer courtesy, shall prohibit the use of loud or profane language, and shall instruct Collection crews to perform the work quietly. Contractor shall use reasonable efforts to assure that all employees present a neat appearance and conduct themselves in a courteous manner. Contractor shall provide suitable operation, health and safety training for all of its employees who use or operate equipment or who are otherwise directly involved in Collection or other related operations.

B) Compliance with Laws. Contractor shall perform all services under the Agreement in accordance with all federal, state and local laws, ordinances and regulations, including without limitation the provisions of applicable sections contained in Chapter 12 of the Gilroy City Code.

C) Disturbance. No collection made hereunder in residential neighborhoods shall commence prior to 6:00 a.m. or occur after 7:00 p.m. on any day. All collection shall be accomplished without unnecessary noise, litter, disturbance, or commotion.

D) Handling of Containers. Contractor agrees that all containers, after emptying, shall be returned with the lids closed, and placed, not thrown, to the premises from which they were removed, within five (5) feet of the place the container was picked up, but not in any driveway or street.
2) Service Inquiries & Complaints
A) Telephones. Contractor shall provide and maintain, at Contractor's expense, such telephones and telephone answering services as may be reasonably necessary so that calls, requests, complaints and service inquiries may be received by Contractor with respect to Contractor's operations and services between the hours of 8:00 a.m. and 5:00 p.m. on all regular collection days. Contractor shall have staff available and assigned to answer such calls during these hours. Answering services shall be maintained outside of regular business hours and collection days. Contractor shall also install, utilize and maintain during the term of this Agreement appropriate telecommunication equipment for communication with deaf customers, such as "Telecommunication Device for the Attachment A

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Packet Pg. 560 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

Deaf" (TDD), and provide training, as reasonably necessary, for the use of that equipment.

B) Response. Contractor shall respond within the same business day to all calls and act within one business day, where practicable, upon all reasonable requests and complaints pertaining to Contractor's operations and services, including complaints or service inquiries referred to Contractor by City. Contractor shall maintain a daily log of all complaints, including date, time, name and address of complainant and a description of actions taken to address and resolve such complaints and prevent reoccurrence. A copy of the log shall be provided to City upon request and at least monthly during the term of this Agreement. Contractor shall furnish to City by the tenth (10th) day of each month during the term of this Agreement a monthly service report for the preceding month describing Contractor's response to and resolution of all requests, complaints and service inquiries.

Attachment A

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Packet Pg. 561 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

EXHIBIT "E"

COLLECTION VEHICLE SPECIFICATIONS
1) Collection vehicles used by Contractor to perform the services contemplated by this Agreement shall be painted uniformly and numbered in consecutive sequence and shall have Contractor's name, telephone number, place of business and the number of the vehicle painted in letters of a contrasting color on each side of each vehicle, and the number painted on the rear. Said rear number shall be readable for a distance of one hundred (100) feet. No commercial or other advertising shall be permitted without the approval of City.
2) All collection equipment used by Contractor shall have appropriate safety markings including, without limitation, highway lighting, flashing and warning lights, clearance lights, and warning flags. All such safety marking and all other vehicle aspects shall conform to the requirements of the California Vehicle Code, as amended from time to time, and shall be subject to approval by City.
3) Collection vehicles shall be repainted at least every sixty (60) months, with "touch up's" in the interim as required. Each vehicle, when repainted, shall be made available to City for inspection. All collection vehicles shall not be more than ten (10) years old unless rehabilitated, overhauled, and repainted to an equivalent condition of a new vehicle.

Rehabilitated vehicles shall be made available to City for inspection. In no case shall any vehicle be more than fifteen (15) years old.
4) Contractor's compliance with the collection vehicle specifications hereunder shall be subject to the review and determination of City. All vehicles operated by Contractor must comply with applicable state laws and regulations. Contractor shall cooperate with all California Highway Patrol vehicle inspections initiated with respect to Contractor's vehicles. 5) All collection vehicles shall be fueled by compressed natural gas.

Attachment A

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Packet Pg. 562 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

EXHIBIT "F"

MONTHLY AND QUARTERLY REPORTS
Contractor shall report to City the following information on a monthly basis:
1) Refuse Collected. Contractor shall provide City with information regarding the quantities of Refuse, Recyclable Materials, and Yard Waste collected, the type of material collected, from which City the Refuse or other material was collected, and from which category of customers the Refuse was collected.
2) Refuse Collection Vehicle Weigh-In. Contractor shall provide to City detailed information resulting from the weigh-in of collection vehicles under Section 4(a)(v) of the Agreement.

Information to be reported shall be the number of vehicles weighed and the gross and net weight of each vehicle.
3) Container Expenditures. Contractor shall provide to City the quantity and types of containers provided to each category of customers, including additional and replacement containers for refuse customers and any other information City may reasonably require regarding the provision of and expenditures for containers. 4) Promotional Materials Distributed. Contractor shall provide to City the types and amount of promotional materials distributed by Contractor pursuant to Section 4(h) of the Agreement, and any other information City may reasonably required regarding the distribution of promotional materials and contacts made by Contractor to promote the integrated waste management program.
5) Customer Service Reports. Contractor shall provide to City information describing Contractor's response to and resolution of all requests, complaints and service inquiries, pursuant to Section 2(B) of Exhibit "D" to the Agreement. 6) Other. Contractor must also report to City such other information as may be required by the terms of the Agreement or as may be mutually agreed by the parties. Contractor shall retain all records required to be maintained by this Agreement for a period of not less than five (5) years.

Attachment A

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Packet Pg. 563 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

EXHIBIT "G"

APPROVED COLLECTION RATES & APPROVED SPECIAL SERVICES RATES Rates Effective July 1, 2021 – Current and Approved Rates Under this Agreement Description
Current and
Approved
Rate

1. Residential Customers and Multi-Family Can Customers (Including Recycling) 1-Can (32 gallon) 35.73
2-Cans (64 gallon) 51.11
3-Cans (96 gallon) 66.89
4-Cans (128 gallon) 85.43
Each Additional Can (32 gallon) 18.90
Extra Can/Bag Tag 7.43
Bulky Item Pickup (Plus Disposal Cost) 22.27
Toter Subscription Charges 18.53
Low-Income Senior
1-Can (32 gallon) 30.18
2-Cans (64 gallon) 42.72
3-Cans (96 gallon) 55.82
4-Cans (128 gallon) 68.92

Hillside
1-Can (32 gallon) 43.06
2-Cans (64 gallon) 61.19
3-Cans (96 gallon) 79.77
4-Cans (128 gallon) 98.34

2. Residential Customers on Private Roadways (No Street Sweeping) 1-Can (32 gallon) 33.84
2-Cans (64 gallon) 49.22
3-Cans (96 gallon) 65.00
4-Cans (128 gallon) 83.54
Each Additional Can (32 gallon) 17.01
Extra Can/Bag Tag 7.43
Bulky Item Pickup (Plus Disposal Cost) 22.27
Toter Subscription Charges 18.53

Low-Income Senior
1-Can (32 gallon) 28.29
2-Cans (64 gallon) 40.83
3-Cans (96 gallon) 53.93
4-Cans (128 gallon) 67.03

Hillside
Attachment A

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Packet Pg. 564 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

Description
Current and
Approved
Rate
1-Can (32 gallon) 41.17
2-Cans (64 gallon) 59.30
3-Cans (96 gallon) 77.88
4-Cans (128 gallon) 96.45

3. Multi-Family Bin Customer Recycling
Per Unit Charge 2.78
For recycling service only (option to choose Commercial Service)

4. Commercial and Multi-Family Bin Customer (Refuse)
1-Can (32 gallon) 35.73
2-Cans (64 gallon) 53.88
3-Cans (96 gallon) 72.49
4-Cans (128 gallon) 91.04
Each Additional Can (32 gallon) 20.45

5. Commercial and Multi-Family Bin Customer (Organics)
1-Can (32 gallon) 28.29
2-Cans (64 gallon) 42.80
3-Cans (96 gallon) 57.69
4-Cans (128 gallon) 72.53
Each Additional Can (32 gallon) 16.06

6. Commercial Front Loader Service Rates
2 Yard F/L (1x/week) 237.32
2 Yard F/L (2x/week) 445.20
2 Yard F/L (3x/week) 653.05
2 Yard F/L (4x/week) 860.98
2 Yard F/L (5x/week) 1,068.82
2 Yard F/L (6x/week) 1,276.72
2 Yard F/L (on call) 154.26
3 Yard F/L (1x/week) 341.81
3 Yard F/L (2x/week) 643.87
3 Yard F/L (3x/week) 945.83
3 Yard F/L (4x/week) 1,247.85
3 Yard F/L (5x/week) 1,549.86
3 Yard F/L (6x/week) 1,851.85
3 Yard F/L (on call) 219.94
4 Yard F/L (1x/week) 458.37
4 Yard F/L (2x/week) 866.80
4 Yard F/L (3x/week) 1,275.19
4 Yard F/L (4x/week) 1,683.64
4 Yard F/L (5x/week) 2,092.11
4 Yard F/L (6x/week) 2,500.49
4 Yard F/L (on call) 305.46
6 Yard F/L (1x/week) 667.36
6 Yard F/L (2x/week) 1,268.75
Attachment A

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Packet Pg. 565 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

Description
Current and
Approved
Rate
6 Yard F/L (3x/week) 1,870.18
6 Yard F/L (4x/week) 2,471.57
6 Yard F/L (5x/week) 3,072.95
6 Yard F/L (6x/week) 3,674.35
6 Yard F/L (on call) 418.79
Front Loader Special (per cubic yard) 25.49

Commercial Front Loader Service Organics Rates
1 Yard F/L (1x/week) 130.80
1 Yard F/L (2x/week) 245.55
1 Yard F/L (3x/week) 360.28
1 Yard F/L (4x/week) 475.05
1 Yard F/L (5x/week) 589.78
1 Yard F/L (6x/week) 704.55
1 Yard F/L (on call) 85.16
2 Yard F/L (1x/week) 189.56
2 Yard F/L (2x/week) 355.86
2 Yard F/L (3x/week) 522.15
2 Yard F/L (4x/week) 688.49
2 Yard F/L (5x/week) 854.76
2 Yard F/L (6x/week) 1,021.09
2 Yard F/L (on call) 123.41
3 Yard F/L (1x/week) 273.15
3 Yard F/L (2x/week) 514.80
3 Yard F/L (3x/week) 756.37
3 Yard F/L (4x/week) 997.99
3 Yard F/L (5x/week) 1,239.59
3 Yard F/L (6x/week) 1,481.19
3 Yard F/L (on call) 175.95
4 Yard F/L (1x/week) 366.41
4 Yard F/L (2x/week) 693.14
4 Yard F/L (3x/week) 1,019.86
4 Yard F/L (4x/week) 1,346.61
4 Yard F/L (5x/week) 1,673.39
4 Yard F/L (6x/week) 2,000.08
4 Yard F/L (on call) 244.37
6 Yard F/L (1x/week) 533.60
6 Yard F/L (2x/week) 1,014.71
6 Yard F/L (3x/week) 1,495.84
6 Yard F/L (4x/week) 1,976.96
6 Yard F/L (5x/week) 2,458.07
6 Yard F/L (6x/week) 2,939.18
6 Yard F/L (on call) 355.05
Front Loader Special (per cubic yard) 20.39

6. Compactor Service
Front Loader (per cubic yard) 54.80
Attachment A

9.1.b
Packet Pg. 566 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

Description
Current and
Approved
Rate
3-Yard F/L Compactor (1x/week) 712.40
3-Yard F/L Compactor (2x/week) 1,424.80
3-Yard F/L Compactor (3x/week) 2,137.20

7. Debris Box Rates
20 Cubic Yard Debris Box 576.73
Per ton charge (over 3 tons) 111.37

40 Cubic Yard Debris Box 961.11
Per ton charge (over 6 tons) 111.37

20 Cubic Yard Debris Box (organics) 461.39
Per ton charge (over 3 tons) 89.09

40 Cubic Yard Debris Box (organics) 768.89
Per ton charge (over 6 tons) 89.09

Debris Box Compactors 54.43
(per cubic yard of capacity)

20 Cubic Yard Debris Box (recyclable) 357.23
40 Cubic Yard Debris Box (recyclable) 632.19

8. Additional Street Sweeping
Monday through Friday, 8:00am to 5:00pm (per hour) 136.89

Attachment A

9.1.b
Packet Pg. 567 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

EXHIBIT "H"

FORM OF MONTHLY BILLING AND COLLECTION REPORT
BILLING AND COLLECTION REPORT FOR THE MONTH OF______________ ,20______ Total Amounts Billed (See Attached Billing Register):

Charges: Late:
() Residential Customers $__________ $__________
() Multi-Family Bin Customers $__________ $__________ () Multi-Family Can Customers $__________ $__________ () Commercial Customers $__________ $__________
() Other Customers (specify: __________) $__________ $__________ GRAND TOTAL BILLED $__________

Total Amounts Collected from Previous Monthly Billings:
(See Attached cash receipts journal)
Charges: Late:
() Residential Customers $__________ $__________
() Multi-Family Bin Customers $__________ $__________ () Multi-Family Can Customers $__________ $__________ () Commercial Customers $__________ $__________
() Other Customers (specify: __________) $__________ $__________ GRAND TOTAL BILLED $__________

Total Amount Collected from Recycling:
(See attached recycling report)
() Recycling Containers $__________
() Recycle Drop-Off Locations $__________
() Other Sources (specify: __________) $__________
SUBTOTAL $__________
GRAND TOTAL collected $__________

Fees to be Paid to City:

Admin 4% Franchise 5%
() City Fee Payments Made to City $__________ $__________ () Other (specify: ________________) $__________ $__________

Amount of Check to City $__________

Attachment A

9.1.b
Packet Pg. 568 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

EXHIBIT "I"

LIQUIDATED DAMAGES FOR FAILURE TO PERFORM
Description Amount
Collection before 6:00 a.m. $90 per verified occurrence Failure to submit monthly Reports:

Tonnage
Recycling
Billing and Collection
$90 per day for each report
Failure to service missed collection within 24
hours
$35 per customer per day
Failure to maintain Contractor’s containers
and inventory
$15 per day late based on agreed compliance
schedule
Failure to renew Performance Bond or
Insurance and submit Certificate of Insurance
prior to expiration date
$185 per day

Attachment A

9.1.b
Packet Pg. 569 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

EXHIBIT "J"

GUARANTY OF PERFORMANCE
For valuable consideration, Recology Inc., a California corporation ("Guarantor"), the parent company of Recology South Valley ("Contractor"), hereby unconditionally guarantees the full and faithful performance and satisfaction by Contractor of all of Contractor's obligations and liabilities under and arising from the agreement between City of Gilroy ("City") and Contractor dated August 15, 2022 ("Agreement").

Guarantor acknowledges that this Guarantee will directly benefit Guarantor and is given to induce City to enter into the Agreement with Contractor.

If Contractor fails to perform any of the services or obligations required by the Agreement, or is in any way in default thereunder, or if Contractor fails to pay any amount which it becomes obligated to pay City relating to its performance or failure to perform the Agreement, Guarantor shall be fully obligated to perform such services and obligations, cure any such default and make such payments in the same manner and to the same extent required by the Agreement or any applicable decision or order in connection therewith. No notice or demand of any such failure or default by Contractor shall be required to be given to Guarantor.

No right or power of City hereunder shall be deemed to have been waived by any act or conduct of City or by any neglect to exercise that right or power, or by any delay in so doing, and every right and power shall continue in full force and effect until specifically waived or released in writing executed by City. Guarantor authorizes City, without notice or demand to Guarantor, to modify, compromise or extend any obligation or liability of Contractor, or any part thereof, under or arising from the Agreement.

Any indebtedness of Contractor now or hereafter held by Guarantor is hereby subordinated to any and all indebtedness of Contractor to City under or arising from the Agreement. Guarantor assumes all responsibility for keeping itself informed of Contractor's performance or non-performance of services and obligations under the Agreement, of Contractor's assets and financial condition, and of any other factors bearing on the nature, scope and extent of the risks undertaken by Guarantor under this Guarantee.

Guarantor waives any right to require City to proceed against Contractor or pursue any other remedy in City's power whatsoever. In addition to the obligations and liabilities guaranteed hereunder, Guarantor agrees to pay attorneys' fees, costs and expenses incurred by City in enforcing this Guarantee. This Guarantee of Guarantor shall be binding on Guarantor and its successors and assigns, and this Guarantee shall enure to the benefit of City and its successors and assigns. The laws of the State of California shall govern all matters of construction, validity and performance of this Guarantee, which may not be waived, altered, modified or amended except in a writing duly signed by City and Guarantor.

Attachment A

9.1.b
Packet Pg. 570 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

If any provision of this Guarantee is held to be invalid or unenforceable then, to the extent necessary to effectuate the original intent of the parties as closely as practicable, this Guarantee shall be construed as though it did not contain that provision, and the rights and liabilities of the parties to this Guarantee shall be construed and enforced accordingly.

In any action or proceeding arising from or pertaining to this Guaranty, neither party shall challenge the validity of the Agreement or the manner of its adoption.

The undersigned are duly elected officers of Guarantor and are authorized to execute this Guarantee on behalf of Guarantor in accordance with the attached resolution duly adopted by its Board of Directors.

Dated: RECOLOGY INC.

By:

Its:

Attachment A

9.1.b
Packet Pg. 571 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

EXHIBIT "K"

REQUIRED INSURANCE COVERAGES
1) Commercial General Liability Insurance. This policy shall insure Contractor and City against liability for personal injury or death to and of any person and for property damage arising or resulting from the operations of Contractor in connection with the performance of the Agreement. Such policy shall include business automobile liability coverage applicable to vehicles used by Contractor, and products-completed operations coverage, pertaining to such operations of Contractor. Minimum limits of coverage shall be in the amount of $5,000,000 each occurrence, combined single limit and general aggregate coverage (or, if there are separate limits for property damage liability, minimum policy limits of $500,000 per occurrence for such property damage liability).
2) Workers' Compensation and Employer's Liability Insurance. Contractor shall maintain full Workers' Compensation insurance in accordance with the laws of the State of California and other applicable laws and regulations.
3) The insurance companies providing the required insurance, and any deductibles and/or self- insured retentions which apply to such insurance, shall be subject to approval by City. 4) The Commercial General Liability Insurance shall cover City and its public officials, officers, employees and agents as additional insureds. The required insurance shall be considered primary insurance as respects any other valid and collectible insurance City may possess, including any self-insured retention City may have, and any other insurance City possesses shall be considered excess insurance only. Contractor shall agree to waive all rights of subrogation against City and its public officials, officers, employees and agents for any loss arising under the Agreement.
5) No cancellation or non-renewal of required insurance, and no reduction of coverage under such insurance, shall be effective until written notice has been given to City at least 30 days prior to the effective date of such cancellation or reduction. 6) Certificates evidencing the required insurance, or insurance policies, upon request, shall be filed with City upon the execution of the Agreement.

Attachment A

9.1.b
Packet Pg. 572 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)

City of Gilroy

STAFF REPORT
Agenda Item Title: Adoption of An Urgency Ordinance of the City Council of the City of Gilroy Adopting a Short-Term Interim Franchise Agreement with Recology South Valley for Solid Waste
Hauling Services and a Finding that Its Action in Adopting the Ordinance is Exempt From Review Under the California Environmental Quality Act (“CEQA”) Pursuant to CEQA
Guidelines Section 15061(b)(3) (Common Sense
Exemption) In that the Proposed Ordinance Will Continue an Existing State-Mandated Program for the Protection of Public Health and the Environment, and None of the
Circumstances in CEQA Guidelines Section 15300.2 Apply.

Meeting Date: August 15, 2022
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis, City Administrator
Prepared By: Bryce Atkins, Senior Management Analyst

Strategic Plan Goals

☐ Develop a Financially
Resilient Organization

 Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities

☐ Promote Safe,
Affordable Housing for All

☐ Maintain and Improve
City Infrastructure

RECOMMENDATION

a) Motion to read the ordinance by title only and waive any future reading. b) Adopt an Urgency Ordinance of the City Council of the City of Gilroy approving a

9.2 Packet Pg. 573

short-term interim franchise agreement with Recology South Valley for solid waste hauling services.

EXECUTIVE SUMMARY

The City Charter (Charter) places a limit of 25 years for franchise agreements. The current franchise agreement for solid waste hauling services was adopted on September 2, 1997, placing the required end of the agreement on September 2, 2022.

The City of Gilroy (City) is negotiating a new franchise agreement for solid waste hauling services, but it will not be finalized bef ore the 25-year limit is reached. A new, short-term franchise agreement is required to provide this essential service, and begin implementation of new state legislation, while the process to finalize the new, longer - term franchise agreement completes. As the interim franchise agreement is to be adopted by ordinance, an urgency ordinance is required to adopt the interim agreement in time to sustain the mandatory public health services being provided.

BACKGROUND

The City contracts through exclusive franchise agreements for solid waste hauling services, sometimes referred to as garbage or refuse service, but which now also includes due to recent legislation required recycling and organic waste service. The franchise agreement process is regulated by the Charter, which contains certain provisions. Among these, the primary matter of concern is a maximum term limit on franchise agreements established at 25 years.

The City entered into its current franchise agreement on September 2, 1997. At 25 years, the required termination of that franchise agreement is September 2, 2022, 18 days from this evening’s Council Meeting. The City has been in negotiations with Recology South Valley (Recology) on a new franchise agreement, pursuant to the requirements of the Charter. However, the new franchise agreement currently in negotiations will not be completed in time, nor effective even if ready for this Council meeting, due to the Charter’s requirement that regular ordinances take effect thirty days after adoption.

The Charter provides conditions on franchise agreements regarding its adoption. The franchise must be granted by ordinance pursuant to Section 600 of the Charter.

Additionally, an urgency ordinance requires five affirmative votes to be passed, pursuant to Section 602 of the Charter, instead of the usual four affirmative votes for regular ordinances.

ANALYSIS

Staff, in consultation with the City Attorney’s Office, are recommending the approval of a short-term interim franchise agreement with Recology, and to do so th rough adoption of an urgency ordinance to take effect immediately upon adoption. This approach would allow this essential public health and mandated service to continue being provided, and

9.2 Packet Pg. 574

begin implementation of the requirements issued by California Senate Bill 1383 (“SB 1383”), Assembly Bill 1826 (“AB 1826”), and Assembly Bill 341 (“AB 341”) (collectively, “State Legislation”).

The interim agreement is a paring down and enhancement to the existing franchise agreement. The reason for this approach was to limit disruptions to customers of the service, to not require any increase of service charges during the interim franchise agreement, and to have terms that are known to be agreeable to both the City and Recology to continue service without interruption due to a need for broad negotiation on the interim agreement. Additionally, there are provisions to initiate non-operational components of the State Legislation, more specifically data collection and identification of customers within various categories as identified in State Legislation. This will help continue to show compliance and advancement of the legal requirements, until the new longer-term franchise agreement can be approved and made effective.

In summary, the changes in the interim agreement from the franchise agreement about to expire include:

• Amended the term to end December 31, 2022, or until replaced by the longer - term franchise agreement, whichever occurs sooner.
• Removal of references to the original “Can-Do” recycling program, as current State Legislation requires the three-cart system already in place, including recycling and organics.
• Rates will remain the same as currently exist during the term of the interim agreement
• Removed the references to annual inflationary increases, the methodology of those increases, and the five-year review and adjustment process. • Removed references to processes such as annual or intermittent year adjustments or reviews, given the limited term of the interim agreement. • Deleted no longer needed exhibits for those provisions that were deleted in the agreement itself.
• Added the workplan for Phase 1 of the Commercial Generator Desktop Compliance Reviews for State Legislation compliance, and initial outreach efforts and planning.

Urgency Ordinance

The urgency ordinance is required as regular ordinance would not go into effect until thirty days after adoption per Section 608, which would require Recology to end its service after September 2nd, only to resume it on October 12 when a regular ordinance would become effective after two regular City Council meetings – an introduction (August 15, 2022 meeting) and adoption (September 12, 2022 meeting) of the ordinance, interrupting service for at least 40 days. By adopting the agreement by an

9.2 Packet Pg. 575

urgency ordinance, the ordinance goes into effect immediately, allowing service to be uninterrupted, preserving public health and safety through sanitation services.

To adopt an urgency ordinance, the Council must adopt findings to that effect. The findings for consideration to adopt the urgency ordinance are based on the following:

a. The City Council finds that the City is required to provide solid waste hauling services for the protection of public health and safety for reasons set forth in the recitals, and to meet legal obligations plac ed upon it by the State of California in furtherance of these two essential needs.
b. The City Council finds that the provision of this service, as a utility, is to be provided by a franchise agreement as indicated in the City Charter. The City Charter limits franchise agreements to 25 years, of which the City’s current franchise agreement will reach the 25-year limit on September 2, 2022, before the next City Council meeting, and before a regular ordinance authorizing an exclusive franchise agreement can be in effect. Finalizing negotiations of a franchise agreement has been delayed by the negotiation of terms and conditions implementing the organics and recycling requirements as imposed by recently adopted State law.
c. The City Council finds that the provision of services without a current franchise agreement is made a misdemeanor by the City Charter, which would prevent the City’s current solid waste hauler from providing its service to meet the City’s obligations relating to health, safety and general welfare of the public beyond September 2, 2022, therefore creating a public health threat. d. The City Council finds that the City has a franchise agreement in place, and a new one is being negotiated, but will not be ready in time for adoption as this urgency ordinance agreement, necessitating the short-term interim agreement proposed, and this ordinance to take effect immediately to complete the franchise agreement process to continue essential services during the intervening time until the negotiated franchise agreement can be finalized.

CEQA Exemption

Adopting this Ordinance is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) in that the proposed ordinance will continue an existing state- mandated program for the protection of public health and the environment, and none of the circumstances in CEQA Guidelines Section 15300.2 apply.

ALTERNATIVES

Council may either adopt, reject, or modify the urgency ordinance and attached interim franchise agreement. Rejection of the item is not recommended, as there would not be sufficient time to find alternatives to provide the service consistent with the Charter.

Modification of the interim agreement is likewise not recommended, due to the need to

9.2 Packet Pg. 576

take any changes back to Recology to see if agreeable, which may interrupt service for an unknown amount of time.

FISCAL IMPACT/FUNDING SOURCE

There are no cost impacts from the adoption of the urgency ordinance and interim franchise agreement. The rates will remain in effect, as well as the City’s franchise and administration fees. There will be minor costs associated with publishing the urgency ordinance, but the cost will be absorbed in existing appropriations approved by the City Council.

CONCLUSION

The City’s negotiations for a new franchise agreement are not finalized yet, which based on requirements from the Charter would necessitate the end of solid waste hauling services after September 2, 2022. The proposed urgency ordinance and interim franchise agreement would allow for services to continue, meeting the state mandated public health service requirements placed upon the City. The interim agreement would last through the rest of this calendar year, or until the new negotiated franchise agreement becomes effective, whichever is sooner.

NEXT STEPS

With approval of the urgency ordinance and interim franchise agreement, the City Clerk’s Office will complete the required public noticing. City staff will complete the signature process and enact the agreement with Recology. Once the negotiated longer - term franchise agreement is ready, staff will return to Council for consideration of the contract.

PUBLIC OUTREACH

A public notice was advertised in the San Jose Mercury Newspaper on August 5, 2022, announcing this public hearing item. Additionally, the item was included on the publicly posted agenda for this meeting.

Attachments:

1. Proposed Urgency Ordinance

2. Attachment A - Proposed Interim Franchise Agreement

9.2 Packet Pg. 577

RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF GILROY ESTABLISHING APPLICATION FEES FOR

FLYING A COMMEMORATIVE FLAG AT CITY HALL

WHEREAS, State law allows cities to charge fees for services rendered by various Departments to individuals or group so long as the amount of those fees and charges do not exceed the reasonable cost required to provide the service for which the fees and charges are levied; and

WHEREAS, Gilroy City Code authorizes the establishment of such fees and charges and their cost recovery percentages; and

WHEREAS, the City’s User Fee Schedule was updated and adopted on July 5, 2022 via Resolution No. 2022-40; and

WHEREAS, the Flying Flags at City Facilities Policy was amended and restated by the City Council and adopted via Resolution No. 2022-09 on February 7, 2022; and

WHEREAS, Section V(a)(7) of that policy provides for the establishment of an application fee; and

WHEREAS, Ordinance No. 2022-05, adopted on July 5, 2022, established that all fees, with very limited exceptions, are to recover 100% of costs incurred; and

WHEREAS, applications for commemorative flags being flown at City Hall is not one of those limited exceptions to fees that are required to have 100% cost recovery.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Gilroy approves the establishment of two Application Fees for flying commemorative flags at City Hall, one with signature verification and the other without, to be added to, and updated annually with, the Citywide User Fee Schedule, with amounts attached hereto as “Exhibit A”.

BE IT FURTHER RESOLVED that the fees shall take effect September 1, 2022.

9.2.a
Packet Pg. 578 Attachment: Draft Resolution - Flag Flying Fee Establishment (3909 : Establishment of Application Fees for Flying a Commemorative Flag at

Resolution No. 2022-XX
Commemorative Flag Flying Application Fee
City Council Regular Meeting | August 1, 2022

Page 2 of 2 ends

Gilroy City CouncilAugust 15, 2022

Gilroy City Council
August 15, 2022