CityCouncil_SpecialSession_Attachments_06_07_2022 — Milpitas City Council, June 7, 2022 (part 2 of 3)

40 Item # C6.

Construction Change Order Policy for McCandless Park, Project No. 5102.

2021 City Council Approved Construction Change Order Policy

Construction Award Individual Administrative Cumulative Award Amount Change Order Authority Change Order Authority Less than $100,000 $10,000 $15,000
Over $100,000 10% of Award or $20,000 15% of Award or $40,000 whichever is less whichever is smaller

McCandless Park Project Change Order Policy

Construction Award Individual Administrative Cumulative Award Amount Change Order Authority Change Order Authority $594,000 N/A $148,500
41 Item # C6.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution to Summarily Vacate an Existing Water Line Easement at 1750 McCandless Drive (Staff Contract: Steve Erickson, Engineering Director/City Engineer, 408-586-3301)
Category: Consent Calendar-Community Development
Meeting
Date:
6/7/2022
Recommendation: Adopt a resolution to summarily vacate an existing water line easement at 1750 McCandless Drive

Background:

The McCandless Park, Project No. 5102 (“Project”), located at 1650 McCandless Drive, is currently under construction with an expected completion date later in fall 2022. The Project provides for the construction of a new 4-acre City park adjacent to McCandless Drive next to the Mabel Mattos Elementary School. The new park will be completed in phases and includes play areas for children, sports field, community garden, butterfly garden, picnic areas, dog play areas, pathways, and restrooms facilities.

An existing City 12-inch diameter water main located within a Water Line Easement (WLE) was relocated as part of park construction to allow for installation of new playground improvements associated with the Mabel Mattos Elementary school playground.

The Milpitas Unified School District has agreed to dedicate a new water line easement to the City for portions of the new waterline located within School District property, and this dedication will be completed in May 2022.

Attachment 2 is the location map showing the location of the existing easement to be vacated and the new easement to be granted by the School District. The now old unused Water Line Easement is recommended to be vacated. There are no other public facilities located within this easement.

Analysis:

Pursuant to California Streets and Highways Code Sections 8333 and 8335, the City Council may summarily vacate and abandon a public easement that have been superseded by relocation and no other public facilities are located within the easement. The vacation process occurs in several steps, commencing with the relocation of utilities located within the easement, and the second step would be for the Council to adopt a resolution summarily vacating the easement. Once the adopted resolution is recorded with the Santa Clara County Recorder, the easement will be officially vacated and no longer exist.

Staff recommends the City Council adopt a resolution (Attachment 1) for the Summarily Vacating the existing Water Line Easement located at 1750 McCandless Drive as it has been superseded by relocation and determined to be excess by the City.

Policy Alternative:

Alternative 1: Not adopting the resolution to summarily vacate an Existing Water Line Easement.

Pros: none

42 Item # C7.

Cons: Not approving the easement vacation would encumber School District property with a vacant water line easement serving no city purpose.

Reason for not Recommending: The water line easement has been superseded by water line relocation and has been determined to no longer be required.

Fiscal Impact:

There is no fiscal impact associated with the vacation of the unused easement superseded by relocation of a City water line.

California Environmental Quality Act In accordance with California Environmental Quality Act Guidelines Section 15164, an Addendum to the June 3, 2008 Transit Area Specific Plan Environmental Impact Report to address minor changes and additions was created and adopted by the City Council on February 4, 2020.

Recommendation:

Adopt a resolution to summarily vacate an existing water line easement at 1750 McCandless Drive.

Attachment:

1. Resolution for the Summary of Vacation with Exhibits A & B Plat & Legal Description

2. Location Map

43 Item # C7.

Portions Assessor Parcel No.: 086-41-043 Exempt from Recording Fees per Govt. Code §2738 Exempt from Documentary Transfer Tax per Calif. Rev. &
Tax. Code §11922

RESOLUTION NO. ______ OF THE CITY COUNCIL OF THE CITY OF MILPITAS SUMMARILY VACATING AN EXISTING WATER LINE EASEMENT AT 1750 MCCANDLESS DRIVE

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Milpitas
Attn: City Manager
455 E. Calaveras Blvd.

Milpitas, CA 95035
44 Item # C7.

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS SUMMARILY VACATING AN EXISTING WATER LINE EASEMENT AT 1750 MCCANDLESS DRIVE

WHEREAS, California Streets and Highways Code Sections 8333 and 8335 authorizes the City Council to summarily vacate public service and utility easements that has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement; and

WHEREAS, California Streets and Highways Code Sections 8340 authorizes the City to reserve from the vacation easements for public utility facilities; and

WHEREAS, there is an existing water line easement located at 1750 McCandless Drive; and

WHEREAS, the Project provides for the relocation and abandonment of the City existing 12-inch water main on District property between McCandless Drive and Houret Court; and

WHEREAS, City Staff have determined that the existing water line easement has been superseded by relocation, and no other public facilities are located within the easement; and

WHEREAS, the City Council intends to summarily vacate the water easement as described and depicted on Exhibit A and B attached to this Resolution, pursuant to California Streets and Highways Code Sections 8330(a) & (b), 8333 and 8335.

NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:

1. The existing water easement described and depicted in Exhibit A and B has been superceded by relocation, or determined to be excess by the City, and there are no other public facilties located within the easement.

2. The City Council does hereby order the summary vacation of the existing water line easement as described and depicted in Exhibits A and B, in accordance with California Streets and Highways Code Sections 8330(a) & (b), 8333 and 8335.

3. The City Clerk is hereby directed to record a certified copy of this Resolution, including Exhibit A and B hereto, attested by the City Clerk under seal, with the County of Santa Clara Recorder’s Office.

4. From and after the date this Resolution is recorded, the exiting water line easement vacated herein as described and depicted in Exhibits A and B will no lon ger constitute an easement.

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

AYES:

NOES:

ABSENT:
45 Item # C7.
3 Resolution No. ____

ABSTAIN:

ATTEST: APPROVED:

_____________________________ __________________________ Wendy Wood, City Clerk Rich Tran, Mayor

APPROVED AS TO FORM:

_____________________________
Michael Mutalipassi, City Attorney

46 Item # C7.
47 Item # C7.
48 Item # C7.
49 Item # C7.

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C:\GTCAD\2D\FRESTAND\COMPONENT\796.DWG,0.0000,0094,N
C:\GTCAD\2D\PLAYTRAILS\38110.DWG,0.0000,0004,N
C:\GTCAD\2D\PLAYTRAILS\38109.DWG,0.0000,0097,N
C:\GTCAD\2D\GTFIT\ADVANCED\14912S.dwg,0.0000,0098,N
C:\GTCAD\2D\PLAYTRAILS\38054.DWG,0.0000,0100,N
C:\GTCAD\2D\PLAYTRAILS\38054.DWG,0.0000,0100,N
C:\GTCAD\2D\PLAYTRAILS\38054.DWG,0.0000,0100,N
C:\GTCAD\2D\PLAYTRAILS\38054.DWG,0.0000,0100,N
C:\GTCAD\2D\POWERSCAPE\1-6\80191-16.DWG,102.0000,0101,N C:\GTCAD\2D\POWERSCAPE\2-0\80191-20.DWG,102.0000,0102,N C:\GTCAD\2D\POWERSCAPE\4-0\91212-40.DWG,126.0000,0103,N B:\GTCAD\2D\PLAYWORX\1-0\4119RP10.DWG,12.0000,0119,N
B:\GTCAD\2D\PLAYTRAILS\38110.DWG,0.0000,0120,N
B:\GTCAD\2D\PLAYTRAILS\38110.DWG,0.0000,0121,N
B:\GTCAD\2D\PLAYTRAILS\38110.DWG,0.0000,0122,N
B:\GTCAD\2D\PLAYTRAILS\38110.DWG,0.0000,0122,NB:\GTCAD\2D\PLAYTRAILS\38110.DWG,0.0000,0120,N B:\GTCAD\2D\PLAYTRAILS\38110.DWG,0.0000,0121,N
B:\GTCAD\2D\PLAYTRAILS\38110.DWG,0.0000,0122,N
B:\GTCAD\2D\PLAYTRAILS\38110.DWG,0.0000,0122,N
B:\GTCAD\2D\PLAYTRAILS\38110.DWG,0.0000,0120,N
B:\GTCAD\2D\POWERSCAPE\6-0\16465-60.DWG,72.0000,0128,N
B:\GTCAD\2D\POWERSCAPE\4-0\16465-40.DWG,48.0000,0129,NB:\GTCAD\2D\POWERSCAPE\4-0\90508-40.DWG,48.0000,0130,N B:\GTCAD\2D\POWERSCAPE\6-0\90700-60.DWG,72.0000,0133,N
B:\gtcad\2d\powerscape\wilderslideii\90703-50.DWG,67.7500,0134,N B:\gtcad\2d\powerscape\wilderslideii\90709-00.DWG,0.0000,0135,NB:\gtcad\2d\powerscape\wilderslideii\90705-40.DWG,55.7500,0136,N B:\gtcad\2d\powerscape\wilderslideii\90703-20.DWG,31.7500,0137,N B:\gtcad\2d\powerscape\wilderslideii\90706-20.DWG,19.7500,0138,N B:\GTCAD\2D\FRESTAND\COMPONENT\4676.DWG,0.0000,0037,N
B:\GTCAD\2D\PLAYTRAILS\38020.DWG,0.0000,0141,N

CUSTOM POD CLIMBER

MEMO ZONE

CUSTOM NET CLIMBER

CUSTOM HDPE BARN

STAGE W

MUSHROOMS

HAY BALE
SEAT
1'
2'
3'
4'
5'
CUSTOM
SHADE
FW FW
FW
FW
8" SD ~18LF
COTG
INV 35.20
(E)COTG
INV 34.71
2'x2' CATCH BASIN
RIM 38.75
INV 35.40
COTG
INV 35.65
WV
PIV
FDC
SCV
PIV
FDC
6" SS ~47LF
S=0.01
(E)RIM 37.38
INV 34.55
RIM 37.50
INV 34.95
COTGINV 36.00
INV 34.75 (SS)
INV 36.05 (SD)
3" W
3" W
WV
WV
8" SD ~22LF
12" SD ~68LF
S=0.00512" SD ~95LF
S=0.005
12" SD ~2LF
S=0.005
6" FS
6" FS
10" SD ~122LF
S=0.005
6" SD ~30LF
COTG
INV
COTG
INV
28'
FROM TEE CONNECTION5' FROM P.L.

47.2' FROM EXISTING
CURB
8" SD ~24LFINV 36.05
FW
FW FW
FW
12" WC-900
12" W
C-900
12" W
C-900
10'
SDMH
RIM 39.90 (12" THRU)
24"x24"

CATCH BASIN
RIM 37.60
24"x24" BUBBLER BOX
RIM 36.50
RIM 35.10 RIM 35.10 RIM 35.10RIM 35.10
12" SD ~86LF
S=0.5% SDR-26
12" SD ~76LF
S=0.5% SDR-26
2 INV 35.40
INV 33.50 (12" SD)
INV 33.80 (12" SD)
INV 32.3± (TOP OF 34" GAS PIPE)
INV 32.40
3 INV 33.05
INV 34.70
COTG
INV 34.35
(E) INV 30.80 (21" CMP)
(N) INV 33.50 (12" SD)
1 INV 33.6029
INV 33.60INV 33.50INV 33.50
5 29 29 29
9 10
11 12
14 INV 34.70 (12" SD)
24"x24"

CATCH BASIN
RIM 38.10
1 INV 34.00
10" SD ~46LFS=0.005 SDR-26
10" BFP
FH
24"x24"

CATCH BASIN
RIM 37.90
1 INV 33.15
24"x24"

CATCH BASIN
RIM 37.70
1 INV 33.65
INV 33.50 (10" SD)
INV 32.40 (12" SD)
16 17
16 10'
10" SD ~99LF
S=0.005 SDR-26
10" SD ~16LFS=0.005 SDR-26
DF
DF
DF
SSMH
RIM 39.002
INV 34.25
7 24"x24"

CATCH BASIN
RIM 36.80
INV 34.455
19 20
20 20
12" SD ~190LF
S=1.0% SDR-26
(E)SDMH
RIM 37.00
INV 32.80 (10" SD)
SSMH
RIM 38.35COTG 5
COTG5
SSMH
RIM 38.60
INV 34.95
24"x24"

CATCH BASIN
RIM 37.95
1 24"x24"

CATCH BASIN
RIM 38.90
1 24"x24"

CATCH BASIN
RIM 37.95
1 12" SD ~113LF
S=0.5% SDR-26
12" SD ~24LFS=0.5% SDR-26
12" SD ~15LF
S=0.5% SDR-26
22 23
2" W
HDPE SDR-9
24 12" W
C-900
24 24"x24"

CATCH BASIN
RIM 38.70
1 INV 33.60
10" SD ~34LF
S=0.005 SDR-26
24"x24"

CATCH BASIN
RIM 37.70
1 INV 33.25
10" SD ~22LF
S=0.005 SDR-26
2 24"x24"

CATCH BASIN
RIM 37.95
1 INV 32.55
12" SD ~25LF
S=0.5% SDR-26
INV 34.95
INV 35.05
SDJB
RIM 38.60
INV 34.60
15 19
14 13
13 8" SS ~55LF

0.5% HDPE SDR-17
2" W
HDPE SDR-9
2" W
HDPE SDR-9
COTG
8" SD ~27LF
8" SD ~35LF
INV 34.555 COTG
DS

DS COTG
INV 34.555
INV 34.055 COTG
3" SD ~2LF
3" SD ~2LF
2" WHDPE SDR-9
2" WHDPE SDR-96" SS ~22LFHDPE SDR-17
6" SS ~87LF
HDPE SDR-17
1" W
HDPE SDR-9
1" W
HDPE SDR-9
6" SD ~24LF
SDR-26
6" SD ~11LF
SDR-26
INV 34.20

AREA DRAIN
RIM 38.35
INV 34.05

AREA DRAIN
RIM 38.35
8" SD ~11LF
SDR-26
3" SD ~3LF
SDR-26
28 17
8" SD ~10LF
SDR-26
29 29
1 6" SD ~82LF
SDR-26
RIM 35.10
INV 33.5029
6" PERF ~39LF

E R SS T R U C T U R A L & C I V I L E N G I N E
Plot Date: February 14, 2022 - 4:58 PM
DISCLAIMER: TOPOGRAPHIC INFORMATION, INCLUDING PROPERTY LINES, EASEMENTS, EXISTING GRADES, EXISTING UTILITIES LOCATIONS, ETC., SHOWN

ARE FOR GENERAL REFERENCE ONLY AND HAVE BEEN PROVIDED BY OTHERS AND HAVE NOT BEEN INDEPENDENTLY VERIFIED BY HOHBACH-LEWIN, INC. 333 W. San Carlos St.,Suite 600
San Jose, CA 95110
408.924.0811 fax: 408.924.0844
ibigroup.com
San Jose

A CALIFORNIA PARTNERSHIP
Num. Description Engr. Aprv. Date
Drawn By: Date:

Checked By: Date:

PROJECT NO.

Rec. Dwg No.

SCALE:

VAB
BJH
JKN MAR. 2022
Designer: Consultant:

OF
TY
CI
ITAS
LMI P

CITY OF MILPITASENGINEERING DIVISION

CALIFORNIA
JANUARY 26, 1954
Revisions

INCORPORATED
Designer Stamp:

Res. No.

Utility/Facility Dept. Head: Date:

Date:

Designer:

Project Engineer:

Record Drawings
Public Works Inspector:
the City Council on:

Public Improvements Initially Accepted by

AS SHOWN
McCANDLESS PARK SPORTS FIELD
C4.2RECOMMENDED FOR BIDDING BY: DATE:

MICHAEL SILVEIRA,CIP Project Manager
Signature SHEET OF
HOHBACH-LEWIN #10259.37
5102
PROJECT NO. 2-1397
45 5102
NORTH

UTILITY LEGEND

UTILITY KEYNOTES
CATCH BASIN, SEE DETAIL 1/C7.2
STORM DRAIN MANHOLE, SEE DETAIL 2/C7.2
BUBBLER BOX, SEE DETAIL 5/C7.2
OVERFLOW BOX, SEE DETAIL 4/C7.2
CLEANOUT TO GRADE, SEE DETAIL 3/C7.2
CONNECT NEW 6" SANITARY SEWER TO (E)SSMH.

CONNECT PROPOSED 12" WATER LINE TO (E)12"
WATER MAIN. SEE DETAIL 4/C7.3
12" WATER UNRESTRAINED CONNECTION TO (E)12"
ACP WATER LINE. SEE DETAIL 3/C7.3

CONNECT PROPOSED STORM DRAIN TO (E)SDMH
INSTALL STORM DRAIN LINE 12" ABOVE (E)GAS. SEE
PROFILE 6/C7.2.

STUB 12" WATER LINE FOR WELL SERVICE
CONNECTION.

STUB 6" SANITARY SEWER FOR WELL SERVICE
CONNECTION. TO BE INSTALLED BEFORE WELL.

INSTALL NEW 4" SUBDRAIN, SEE DETAIL 8/C7.2
JUNCTION BOX, SEE DETAIL 1/C7.2

WATER MAIN VERTICAL OFFSET MAY BE REQUIRED

ABOVE OR BELOW THE STORM DRAIN
LINE. CONTRACTOR SHALL DETERMINE IF A VERTICAL

OFFSET IS REQUIRED IN THE FIELD TO
MAINTAIN 48” MINIMUM OF COVER OVER THE WATER
MAIN. THE CONTRACTOR BID PRICE SHALL INCLUDE

ALL WORK NECESSARY TO COMPLETE VERTICAL

OFFSET INCLUDING, BUT NOT LIMITED TO, AIR

RELEASE AND/OR BLOW-OFF VALVE, VERTICAL TRUST
BLOCKS AND MECHANICAL RESTRAINTS.

INSTALL QUICK COUPLER

INSTALL END CAP AND VALVE BOX
INSTALL NEW 4"x4" AREA DRAIN, SEE DETAIL 7/C7.2

FIRE HYDRANT

WATER VALVE

WATER METER

STORM DRAIN MANHOLE

BACKFLOW PREVENTER

CATCH BASIN

AREA DRAIN

CLEANOUT TO GRADE
1 2
3 4
5 FIRE DEPARTMENT CONNECTION
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 THRUST BLOCK AND MECHANICAL RESTRAINT
25 26
27 28
29 SCALE: 1" = 20'
0 10' 30' 40'20'

UTILITY PLAN

UTILITY NOTES

1. CONTRACTOR SHALL STAKE LOCATION OF ABOVE

GROUND UTILITY EQUIPMENT (HYDRANTS,
TRANSFORMERS, ETC.) AND MEET WITH THE

APPROPRIATE GOVERNMENTAL AUTHORITY AND PROPER

UTILITY AUTHORITY TO REVIEW LOCATION PRIOR TO
INSTALLATION. THE APPROPRIATE GOVERNMENTAL

AUTHORITY AND PROPER UTILITY AUTHORITY MUST

SPECIFICALLY AGREE WITH LOCATION PRIOR TO
PROCEEDING WITH THE INSTALLATION.

2. CONTRACTOR SHALL VERIFY (POTHOLE IF NECESSARY)

SIZE, MATERIAL, LOCATION AND DEPTH OF ALL SYSTEMS

THAT ARE TO BE CONNECTED TO OR CROSSED PRIOR TO

THE TRENCHING OR INSTALLATION OF PROPOSED

UTILITIES, AND INFORM ENGINEER OF ANY CONFLICTS
BEFORE PROCEEDING WITH WORK.

3. CATHODIC PROTECTION IS REQUIRED ON ALL METALLIC

FITTINGS AND ASSEMBLIES THAT ARE IN CONTACT WITH
THE SOIL. CONTRACTOR IS RESPONSIBLE FOR FULLY

ENGINEERING AND INSTALLING THIS SYSTEM AND

COORDINATE ANODE AND TEST STATION LOCATIONS
WITH OWNER'S ENGINEER. SEE PROJECT

SPECIFICATIONS FOR ADDITIONAL CORROSION
PROTECTION REQUIREMENTS.

4. CONTRACTOR SHALL VERIFY ALL EXISTING UTILITIES,

INVERTS AND LOCATIONS PRIOR TO BEGINNING ANY
WORK ON THIS SITE.

5. WATER LINES, SANITARY SEWER LINES AND STORMDRAIN

LINES TO BE COORDINATED WITH THE RESTROOM

BUILDING PERMIT PLANS

6. CONTRACTOR TO INSTALL 2" WATER LINE 36" BELOW

FINISH GRADE

SD LINE
11 STUB 12" STORM DRAIN FOR WELL SERVICE
CON CN OE TCTION. TO BE INSTALLED BEFORE WELL.

INV
INSTALL NEW 24"x24" JUNCTION BOX.

NEW WATER FOUNTAIN. SEE LANDSCAPE PLAN 1/L3.03
FOR INFORMATION.

INSTALL WATER VALVE PER CITY OF MILPITAS
STA 6N "D SARD DETAIL, SEE DETAIL 2/C7.3
CONNECT 2" PIPE TO EXISTING BACKFLOW DEVICE

NEW DOUBLE DETECTOR CHECK VALVE PER CITY
STANDARD.TO BE CONSTRUCTED BY OTHERS

ABANDONED IN PLACE WATER LINE FILLED WITH
SLURRY. CONTRACTOR SHALL REMOVE AND DISPOSE

OF THE PIPE WHERE IN CONFLICT WITH PROPOSED
IMPROVEMENTS.

REPLACE WATER MAIN & REMOVE VALVE, SEE DETAIL
3/C7.3
TIE 6" STORM DRAIN INTO EXISTING 12" STORM DRAIN,

INSTALL CONCRETE COLLAR
INSTALL FIRE HYDRANT PER CITY STANDARD. SEE
DETAIL 1/C7.3
12" WATER LINE TO BE INSTALLED 48" BELOW

FINISHED GRADE
50 Item # C7.
7'
R
W
ACAC
R
R
R
W
W
W
R
W
R
W
ACAC

1.660O.D.

2.375 O.D.

2.375 O.D.
80082||01|#
90700||01|#
90703||01|T ;134|78 ;12|EB ;41|92 ;50|92 ;50|92 ;50|EB ;41|78 ;12|GR ;251|92 ;50
90709||01|T ;134|78 ;12|EB ;41|92 ;50|92 ;50|92 ;50|EB ;41|78 ;12|GR ;251|92;50 90729||01|T ;134|78 ;12|EB ;41|92 ;50|92 ;50|92 ;50|EB ;41|78 ;12|GR ;251|92;50 90705||01|T ;134|78 ;12|EB ;41|92 ;50|92 ;50|92 ;50|EB ;41|78 ;12|GR ;251|92 ;50
90762||01|T ;134|78 ;12|EB ;41|92 ;50|92 ;50|92 ;50|EB ;41|78 ;12|GR ;251|92 ;50
80082||01|#90505||01|#
80082||01|#
90700||01|#
90703||01|T ;134|78 ;12|EB ;41|92 ;50|92 ;50|92 ;50|EB ;41|78 ;12|GR ;251|92 ;50
90709||01|T ;134|78 ;12|EB ;41|92 ;50|92 ;50|92 ;50|EB ;41|78 ;12|GR ;251|92;50 90729||01|T ;134|78 ;12|EB ;41|92 ;50|92 ;50|92 ;50|EB ;41|78 ;12|GR ;251|92;50 90705||01|T ;134|78 ;12|EB ;41|92 ;50|92 ;50|92 ;50|EB ;41|78 ;12|GR ;251|92 ;50
90762||01|T ;134|78 ;12|EB ;41|92 ;50|92 ;50|92 ;50|EB ;41|78 ;12|GR ;251|92 ;50
80082||01|#90505||01|#

GALVANIZED

GALVANIZED
7'
5'

82.75,0

81.375,0

85.5,17633985.5,0

85.5,0

85.5,17633985.5,0

85.5,176339
123,176339123,0
123,176339123,0
123,0
123,176339123,0
123,176339
122,203858
122,203858

58.75,0

57.375,0

61.5,17633961.5,0

61.5,0

61.5,17633961.5,0

61.5,176339
99,17633999,0
99,17633999,0
99,0
99,17633999,0
99,17633998,203858
98,203858
CUSTOM
SHADE
796,6' HEAVY DUTY ALUMINUM SLAT PICNIC TABLE
B:\GTCAD\2D\POWERSCAPE\7-0\80082-70.DWG,84.0000,0144,N
B:\GTCAD\2D\POWERSCAPE\7-0\90700-70.DWG,84.0000,0145,N
B:\gtcad\2d\powerscape\wilderslideii\90703-60.DWG,79.7500,0146,N B:\gtcad\2d\powerscape\wilderslideii\90709-00.DWG,0.0000,0147,N B:\gtcad\2d\powerscape\wilderslideii\90729-50.DWG,67.7500,0148,N B:\gtcad\2d\powerscape\wilderslideii\90705-30.DWG,43.7500,0149,N B:\gtcad\2d\powerscape\wilderslideii\90762-30.DWG,19.7500,0150,N B:\GTCAD\2D\POWERSCAPE\5-0\80082-50.DWG,60.0000,0151,NB:\GTCAD\2D\POWERSCAPE\5-0\90505-50.DWG,60.0000,0152,N 15,176704U51,176704
27,176704U63,176704
51,17670415,176704U
27,176704U63,176704

75.125,21272727.125,212727U

14.375,212727U62.375,212727

75.125,21272727.125,212727U

14.375,212727U62.375,212727
3,176704U39,176704
15,176704U51,176704
39,1767043,176704U
15,176704U51,176704
-.5,147722-4,0
-.5,147722-4,0

69.5,14772266,0

69.5,14772266,063.5,203347

63.5,203347
62,203812
62,203812

16.5625,17721016.5625,0

16.5625,016.5625,177210

51.5,203347

51.5,203347
15,16333451,163334
51,16333415,16333427.5,025,025,027.5,0
15,203576
15,203576
51,203576
51,203576
86,203858
86,203858

87.5,203347

63.5,203347

87.5,203347

63.5,203347

63.5,20334762,204653
62,204653
27,203576
27,20357659.75,203576

59.75,203576

70.75,0

69.375,0

73.5,17633973.5,0

73.5,0

73.5,17633973.5,0

73.5,176339
111,176339111,0
111,176339111,0
111,0
111,176339111,0
111,176339

46.75,0

45.375,0

49.5,17633949.5,0

49.5,0

49.5,17633949.5,0

49.5,176339
87,17633987,0
87,17633987,0
87,0
87,17633987,0
87,17633986,203860
86,203860
110,203858
110,203858
126,C,203801
126,C,203801
126,C,203801
126,C,203801
102,C,203801
102,C,203801
102,C,203801
102,C,203801

GALVANIZED

GALVANIZED
66,0
66,0
42,0
42,0
78,0
78,0
54,0
54,0
OPTION 1, 57.3054, 0
OPTION 2, 57.1757, 0

22.75,021.375,0

22.75,021.375,022.75,021.375,0

22.75,021.375,0

22.75,021.375,022.75,021.375,0

22.75,021.375,0

10.75,09.375,0

10.75,09.375,010.75,09.375,0

10.75,09.375,0

46.75,045.375,0

63.5,203347

63.5,203347
38231||01|#
38210||01|#
38210||01|#
38231||01|#
6238||01|#
90004||01|#
91196||01|#
90005||01|#
3940||01|#
91475||01|#
3943||01|#
91186||01|#
90005||01|#
81530||01|#
90344||01|#91157||01|#
90196||01|#
16464||01|#
91151||01|#
38233||01|#
80930||01|#4842||01|#4847||01|#4840||01|#4843||01|#4840||01|# 81699||01|#
90475||01|#
80000||01|#
90138||01|#
90504||01|#
90792||01|#
90178||01|#
80000||01|#
80191||01|#
80191||01|#
80191||01|#
3148||01|#
7112L||01|#
91248||01|#91157||01|#
90530||01|#
90713||01|#
90658||01|#
90384||01|#
38018||01|#
38018||01|#
7114L||01|#
796||01|#
91212||01|#
3205||01|#
38018||01|#
16465||01|#
16465||01|#90508||01|#
90700||01|#
90703||01|T ;134|78 ;12|EB ;41|92 ;50|92 ;50|92 ;50|EB ;41|78 ;12|GR ;251|92 ;5090709||01|T ;134|78 ;12|EB ;41|92 ;50|92 ;50|92 ;50|EB ;41|78 ;12|GR ;251|92 ;50
90705||01|T ;134|78 ;12|EB ;41|92 ;50|92 ;50|92 ;50|EB ;41|78 ;12|GR ;251|92 ;50
90703||01|T ;134|78 ;12|EB ;41|92 ;50|92 ;50|92 ;50|EB ;41|78 ;12|GR ;251|92;50 90706||01|T ;134|78 ;12|EB ;41|92 ;50|92 ;50|92 ;50|EB ;41|78 ;12|GR ;251|92;50 38020||01|#
120
120
120
120
120
120
120
120
120
120
120
120
120
120
120
120
120
120
90 90
90 90
90 90
90 90

1.900 O.D.

5.000 O.D.

2.375 O.D.

5.000 O.D.

2.375 O.D.

5.000 O.D.

2.375 O.D.

5.000 O.D.

1.660 O.D.

5.000 O.D.

1.900 O.D.

2.375 O.D.

5.000 O.D.

1.660 O.D.

1.315 O.D.

2.375" OD.

2.375 O.D.

1.660O.D.

2.375 O.D.
66,C,203801
66,C,203801
66,C,203801
66,C,203801
66,C,203801
66,C,203801
66,C,203801
66,C,203801
66,C,203801
66,C,203801
66,C,203801
66,C,203801
78,C,203801
78,C,203801
66,C,203801
66,C,203801
42,C,203801
42,C,203801
54,C,203801
54,C,203801
54,C,203801
54,C,203801
54,C,203801
54,C,203801
78,C,203801
78,C,203801
78,C,203801
78,C,203801
90,C,203801
90,C,203801
90,C,203801
90,C,203801
90,C,203801
90,C,203801
90,C,203801
90,C,203801
102,T,80191
102,T,80191
102,T,80191
102,T,80191
102,T,80191
102,T,80191
102,T,80191
102,T,80191
102,T,80191
102,T,80191
102,T,80191
102,T,80191
90,T,80191
90,T,80191
90,T,80191
90,T,80191
90,T,80191
90,T,80191
126,T,91212
126,T,91212
126,T,91212
126,T,91212
114,C,203801
114,C,203801
114,C,203801
114,C,203801
90,C,203801
90,C,203801
90,C,203801
90,C,203801
2'
2'
1'
4'4'
6'
4'
90004
90005
90005
8000080000
38231||01|#
38210||01|#
38210||01|#
38231||01|#
6238||01|#
90004||01|#
91196||01|#
90005||01|#
3940||01|#
91475||01|#
3943||01|#
91186||01|#
90005||01|#
81530||01|#
90344||01|#91157||01|#
90196||01|#
16464||01|#
91151||01|#
38233||01|#
80930||01|#
81699||01|#
90475||01|#
80000||01|#
90138||01|#
90504||01|#
90792||01|#
90178||01|#
80000||01|#
80191||01|#
80191||01|#
80191||01|#
3148||01|#
7112L||01|#
91248||01|#91157||01|#
90530||01|#
90713||01|#
90658||01|#
90384||01|#
38018||01|#
38018||01|#
7114L||01|#
796||01|#
91212||01|#
3205||01|#
38018||01|#
16465||01|#
16465||01|#90508||01|#
90700||01|#
90703||01|T ;134|78 ;12|EB ;41|92 ;50|92 ;50|92 ;50|EB ;41|78 ;12|GR ;251|92 ;5090709||01|T ;134|78 ;12|EB ;41|92 ;50|92 ;50|92 ;50|EB ;41|78 ;12|GR ;251|92 ;50
90705||01|T ;134|78 ;12|EB ;41|92 ;50|92 ;50|92 ;50|EB ;41|78 ;12|GR ;251|92 ;50
90703||01|T ;134|78 ;12|EB ;41|92 ;50|92 ;50|92 ;50|EB ;41|78 ;12|GR ;251|92;50 90706||01|T ;134|78 ;12|EB ;41|92 ;50|92 ;50|92 ;50|EB ;41|78 ;12|GR ;251|92;50 38020||01|#
C:\GTCAD\2D\PLAYTRAILS\38231.DWG,0.0000,0008,N
C:\GTCAD\2D\PLAYTRAILS\38210.DWG,0.0000,0013,N
C:\GTCAD\2D\PLAYTRAILS\38210.DWG,0.0000,0014,N
B:\GTCAD\2D\PLAYTRAILS\38231.DWG,0.0000,0024,N
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C:\GTCAD\2D\POWERSCAPE\2-0\90004-20.DWG,24.0000,0041,N
C:\GTCAD\2D\POWERSCAPE\2-0\91196-20.DWG,24.0000,0042,N
C:\GTCAD\2D\POWERSCAPE\2-0\90005-20.DWG,24.0000,0043,N
C:\GTCAD\2D\FRESTAND\COMPONENT\3940.DWG,48.0000,0044,N
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C:\GTCAD\2D\POWERSCAPE\2-0\90344-20.DWG,24.0000,0050,NC:\GTCAD\2D\POWERSCAPE\2-0\91157-20.DWG,24.0000,0051,N C:\GTCAD\2D\POWERSCAPE\2-0\90196-20.DWG,24.0000,0053,N
C:\GTCAD\2D\POWERSCAPE\2-0\16464-20.DWG,24.0000,0054,N
C:\GTCAD\2D\POWERSCAPE\1-0\91151-10.DWG,12.0000,0058,N
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C:\GTCAD\2D\POWERSCAPE\1-0\90475-10.DWG,12.0000,0063,N
C:\GTCAD\2D\POWERSCAPE\4-0\80000-40.DWG,48.0000,0064,N
C:\GTCAD\2D\POWERSCAPE\4-0\90138-40.DWG,48.0000,0065,N
C:\GTCAD\2D\POWERSCAPE\4-0\90504-40.DWG,48.0000,0066,N
C:\GTCAD\2D\POWERSCAPE\4-0\90792-40.DWG,48.0000,0067,N
C:\GTCAD\2D\POWERSCAPE\4-0\90178-40.DWG,48.0000,0068,N
C:\GTCAD\2D\POWERSCAPE\4-0\80000-40.DWG,48.0000,0069,N
C:\GTCAD\2D\POWERSCAPE\2-0\80191-20.DWG,102.0000,0070,N C:\GTCAD\2D\POWERSCAPE\2-0\80191-20.DWG,102.0000,0071,N C:\GTCAD\2D\POWERSCAPE\1-0\80191-10.DWG,90.0000,0072,N
C:\GTCAD\2D\FRESTAND\COMPONENT\3148.DWG,12.0000,0073,N
C:\GTCAD\2D\TUFFFORMS\7112L.DWG,0.0000,0079,N
C:\GTCAD\2D\POWERSCAPE\2-0\91248-20.DWG,24.0000,0080,NC:\GTCAD\2D\POWERSCAPE\2-0\91157-20.DWG,24.0000,0081,N C:\GTCAD\2D\POWERSCAPE\2-0\90530-20.DWG,24.0000,0082,N
C:\GTCAD\2D\POWERSCAPE\2-0\90713-20.DWG,24.0000,0083,N
C:\GTCAD\2D\POWERSCAPE\2-0\90658-20.DWG,24.0000,0084,N
C:\GTCAD\2D\POWERSCAPE\2-0\90384-20.DWG,24.0000,0085,N
C:\GTCAD\2D\PLAYTRAILS\38018.DWG,0.0000,0090,N
C:\GTCAD\2D\PLAYTRAILS\38018.DWG,0.0000,0091,N
C:\GTCAD\2D\TUFFFORMS\7114L.DWG,0.0000,0093,N
C:\GTCAD\2D\FRESTAND\COMPONENT\796.DWG,0.0000,0094,N
C:\GTCAD\2D\POWERSCAPE\4-0\91212-40.DWG,126.0000,0099,N C:\GTCAD\2D\FRESTAND\COMPONENT\3205.DWG,0.0000,0109,N
C:\GTCAD\2D\PLAYTRAILS\38018.DWG,0.0000,0092,N
B:\GTCAD\2D\POWERSCAPE\6-0\16465-60.DWG,72.0000,0128,N
B:\GTCAD\2D\POWERSCAPE\4-0\16465-40.DWG,48.0000,0129,NB:\GTCAD\2D\POWERSCAPE\4-0\90508-40.DWG,48.0000,0130,N B:\GTCAD\2D\POWERSCAPE\6-0\90700-60.DWG,72.0000,0133,N
B:\gtcad\2d\powerscape\wilderslideii\90703-50.DWG,67.7500,0134,N B:\gtcad\2d\powerscape\wilderslideii\90709-00.DWG,0.0000,0135,NB:\gtcad\2d\powerscape\wilderslideii\90705-40.DWG,55.7500,0136,N B:\gtcad\2d\powerscape\wilderslideii\90703-20.DWG,31.7500,0137,N B:\gtcad\2d\powerscape\wilderslideii\90706-20.DWG,19.7500,0138,N B:\GTCAD\2D\PLAYTRAILS\38020.DWG,0.0000,0141,N

CUSTOM NET CLIMBERCUSTOM NET CLIMBER

CUSTOM POD CLIMBER

SONA ARCH

CUSTOM NET CLIMBER
2'
3'
4'
5'
6'
5'
4'
CUSTOM
SHADE
4'
6'
McCANDLESS DRIVE
2" W
HDPE SDR-9
2" W
HDPE SDR-9
2" W
HDPE SDR-9
2" W
HDPE SDR-9
12" WC-900
12" WC-900
12" WC-900
12" WC-900

10.1'
24"x24"

OVERFLOW BOX
RIM 35.80
RIM 36.50
RIM 35.10
RIM 35.10 RIM 35.10
RIM 35.10
6" SD ~22LF
SDR-26
INV 32.40
(E) INV 29.75± (12" SD)
INV 30.00 (12" SD)
INV 31.60 (6" SD)
4 9
6" PERF ~151LF6" PERF ~136LF
(E) INV 30.50± (6" SS)
INV 32.00 (8" SS) 6
INV 33.60
INV 31.15 (12" SD)
INV 32.85 (8 " SS)
24"X24" JB
RIM 35.65 25
INV 30.65
INV 31.30
INV 32.25
INV 32.15 INV 32.15
INV 32.25
INV 32.95 (6" PERF)
INV 32.95 (6" PERF)
29 29
29 29
8 18
INV 30.95 (12" SD)
INV 32.20(12 " W)INV 31.20(12" SD)
INV 32.50 (2 " W)
24"x24"

CATCH BASIN
RIM 35.05
1 INV 31.55
12" WC-900
12" SD ~150LF
S=0.5% SDR-26
12" SD ~119LF
S=0.5% SDR-26
16 16
16 DF
DF
DF
2" W
HDPE SDR-9
2" W
HDPE SDR-9
20 20
20 SSMH
RIM 38.35
24"X24" JB
RIM 35.651
INV 31.85
COTG 5
COTG5
24 COTG 5
4" SD ~46LFS=0.5% SDR-26
INV 31.50
24"x24"

CATCH BASIN
RIM 37.95
1 INV 32.55
12" SD ~25LF
S=0.5% SDR-26
24"x24"

CATCH BASIN
RIM 35.70
1 INV 31.85
12" SD ~63LF
S=0.5% SDR-26
24"x24"

CATCH BASIN
RIM 35.40
1 INV 32.05
12" SD ~43LFS=0.5% SDR-26
12" SD ~24LFS=0.5% SDR-26
24"X24" JB
RIM 35.201
INV 32.15
12" SD ~43LFS=0.5% SDR-26
24"X24" JB
RIM 37.0025
INV 32.20
12" SD ~73LFS=0.5% SDR-26
24"X24" JB
RIM 36.10 1
INV 30.80
24"X24" CB
RIM 35.85 1
INV 30.60
12" SD ~28LF
S=0.5% SDR-26
12" SD ~12LFS=0.5% SDR-26
21 13
DS
DS
8" SS ~55LF

0.5% HDPE SDR-17
24"x24" BUBBLER BOX
RIM 35.25INV 31.35
3 12" SD ~43LFS=0.5% SDR-26
26 27
27 27
27 27
27 27
27 271" W
HDPE SDR-9
COTG
INV 31.70 5
6" SD ~14LF
SDR-26
6" SD ~93LF
SDR-26
6" SD ~93LF
SDR-26
INV 32.85 (6" PERF)
INV 32.85 (6" PERF)
6" SD ~20LFSDR-26
6" PERF ~269LF6" PERF ~268LF
6" PERF ~268LF 6" PERF ~268LF
4'-0"

S T R U C T U R A L & C I V I L E N G I N E E R S Plot Date: February 14, 2022 - 4:58 PM
DISCLAIMER: TOPOGRAPHIC INFORMATION, INCLUDING PROPERTY LINES, EASEMENTS, EXISTING GRADES, EXISTING UTILITIES LOCATIONS, ETC., SHOWN

A CALIFORNIA PARTNERSHIP
Num. Description Engr. Aprv. Date
Drawn By: Date:

Checked By: Date:

PROJECT NO.

Rec. Dwg No.

SCALE:

VAB
BJH
JKN MAR. 2022
Designer: Consultant:

OF
TY
CI
ITAS
LMI P

CITY OF MILPITASENGINEERING DIVISION

CALIFORNIA
JANUARY 26, 1954
Revisions

INCORPORATED
Designer Stamp:

Res. No.

Utility/Facility Dept. Head: Date:

Date:

Designer:

Project Engineer:

Record Drawings
Public Works Inspector:
the City Council on:

Public Improvements Initially Accepted by

AS SHOWN
McCANDLESS PARK SPORTS FIELD
C4.1RECOMMENDED FOR BIDDING BY: DATE:

MICHAEL SILVEIRA,CIP Project Manager
Signature SHEET OF
HOHBACH-LEWIN #10259.37
5102
PROJECT NO. 2-1397
45 5102
NORTH

UTILITY LEGEND

UTILITY KEYNOTES

FIRE HYDRANT

WATER VALVE

WATER METER

STORM DRAIN MANHOLE

BACKFLOW PREVENTER

CATCH BASIN

AREA DRAIN

CLEANOUT TO GRADE
1 2
3 4
5 FIRE DEPARTMENT CONNECTION
6 7
8 9
10 11
12 13
14 15
16 17
SCALE: 1" = 20'
0 10' 30' 40'20'

UTILITY PLAN

UTILITY NOTES

1. CONTRACTOR SHALL STAKE LOCATION OF ABOVE

GROUND UTILITY EQUIPMENT (HYDRANTS,
TRANSFORMERS, ETC.) AND MEET WITH THE

APPROPRIATE GOVERNMENTAL AUTHORITY AND PROPER

UTILITY AUTHORITY TO REVIEW LOCATION PRIOR TO
INSTALLATION. THE APPROPRIATE GOVERNMENTAL

AUTHORITY AND PROPER UTILITY AUTHORITY MUST

SPECIFICALLY AGREE WITH LOCATION PRIOR TO
PROCEEDING WITH THE INSTALLATION.

2. CONTRACTOR SHALL VERIFY (POTHOLE IF NECESSARY)

SIZE, MATERIAL, LOCATION AND DEPTH OF ALL SYSTEMS

THAT ARE TO BE CONNECTED TO OR CROSSED PRIOR TO

THE TRENCHING OR INSTALLATION OF PROPOSED

UTILITIES, AND INFORM ENGINEER OF ANY CONFLICTS
BEFORE PROCEEDING WITH WORK.

3. CATHODIC PROTECTION IS REQUIRED ON ALL METALLIC

FITTINGS AND ASSEMBLIES THAT ARE IN CONTACT WITH
THE SOIL. CONTRACTOR IS RESPONSIBLE FOR FULLY

ENGINEERING AND INSTALLING THIS SYSTEM AND

COORDINATE ANODE AND TEST STATION LOCATIONS
WITH OWNER'S ENGINEER. SEE PROJECT

SPECIFICATIONS FOR ADDITIONAL CORROSION
PROTECTION REQUIREMENTS.

4. CONTRACTOR SHALL VERIFY ALL EXISTING UTILITIES,

INVERTS AND LOCATIONS PRIOR TO BEGINNING ANY
WORK ON THIS SITE.

5. WATER LINES, SANITARY SEWER LINES AND STORMDRAIN

LINES TO BE COORDINATED WITH THE RESTROOM

BUILDING PERMIT PLANS

6. CONTRACTOR TO INSTALL 2" WATER LINE 36" BELOW

FINISH GRADE
18 19
20 21
TIE 6" STORM DRAIN INTO EXISTING 12" STORM DRAIN,

INSTALL CONCRETE COLLAR
INSTALL FIRE HYDRANT PER CITY STANDARD. SEE
DETAIL 1/C7.3
12" WATER LINE TO BE INSTALLED 48" BELOW

FINISHED GRADE
JUNCTION BOX, SEE DETAIL 1/C7.2

WATER MAIN VERTICAL OFFSET MAY BE REQUIRED

ABOVE OR BELOW THE STORM DRAIN
LINE. CONTRACTOR SHALL DETERMINE IF A VERTICAL

OFFSET IS REQUIRED IN THE FIELD TO
MAINTAIN 48” MINIMUM OF COVER OVER THE WATER
MAIN. THE CONTRACTOR BID PRICE SHALL INCLUDE

ALL WORK NECESSARY TO COMPLETE VERTICAL

OFFSET INCLUDING, BUT NOT LIMITED TO, AIR

RELEASE AND/OR BLOW-OFF VALVE, VERTICAL TRUST
BLOCKS AND MECHANICAL RESTRAINTS.

INSTALL QUICK COUPLERS

INSTALL END CAP AND VALVE BOX
INSTALL NEW AREA DRAIN, SEE DETAIL 7/C7.2
23 24

THRUST BLOCK AND MECHANICAL RESTRAINT
25 26
27 SD LINE
28 29
22 CATCH BASIN, SEE DETAIL 1/C7.2
STORM DRAIN MANHOLE, SEE DETAIL 2/C7.2
BUBBLER BOX, SEE DETAIL 5/C7.2
OVERFLOW BOX, SEE DETAIL 4/C7.2
CLEANOUT TO GRADE, SEE DETAIL 3/C7.2
CONNECT NEW 6" SANITARY SEWER TO (E)SSMH.

CONNECT PROPOSED 12" WATER LINE TO (E)12"
WATER MAIN. SEE DETAIL 4/C7.3
12" WATER UNRESTRAINED CONNECTION TO (E)12"
ACP WATER LINE. SEE DETAIL 3/C7.3

CONNECT PROPOSED STORM DRAIN TO (E)SDMH
INSTALL STORM DRAIN LINE 12" ABOVE (E)GAS. SEE
PROFILE 6/C7.2.

STUB 12" WATER LINE FOR WELL SERVICE
CONNECTION.

STUB 6" SANITARY SEWER FOR WELL SERVICE
CONNECTION. TO BE INSTALLED BEFORE WELL.

INSTALL NEW 4" SUBDRAIN, SEE DETAIL 8/C7.2
STUB 12" STORM DRAIN FOR WELL SERVICE
CONNECTION. TO BE INSTALLED BEFORE WELL.

INSTALL NEW 24"x24" JUNCTION BOX.

NEW WATER FOUNTAIN. SEE LANDSCAPE PLAN 1/L3.03
FOR INFORMATION.

INSTALL WATER VALVE PER CITY OF MILPITAS
STANDARD DETAIL. SEE DETAIL 2/C7.3
CONNECT 2" PIPE TO EXISTING BACKFLOW DEVICE

NEW DOUBLE DETECTOR CHECK VALVE PER CITY
STANDARD.TO BE CONSTRUCTED BY OTHERS

ABANDONED IN PLACE WATERLINE FILLED WITH
SLURRY. CONTRACTOR SHALL REMOVE AND DISPOSE

OF THE PIPE WHERE IN CONFLICT WITH PROPOSED
IMPROVEMENTS.

REPLACE WATER MAIN & REMOVE VALVE, SEE DETAIL
3/C7.3
10 51
Item # C7.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution Approving the Sole Source Purchase of Body Worn Cameras, Associated Equipment, Conducted Energy Devices, and Cloud-Based Storage Subscription; and Approve the Master Services and Purchasing Agreement with Axon to Provide Body Worn Cameras, Associated Equipment, and Cloud-Based Storage Subscription in an Amount Not-to-Exceed $182,635.80 for the FY22-23 Year, with a Total Not-to-Exceed Amount of $913,178.60 Over the Five-Year Term (Staff Contact: John Torrez, Assistant Police Chief, 408-586-2408) Category: Consent Calendar-Public Safety
Meeting Date: 6/7/2022
Recommendation: Adopt a resolution approving the sole source purchase of body worn cameras, associated equipment, conducted energy devices, and cloud-based storage subscription; and approve the Master Services and Purchasing Agreement with Axon to provide body worn cameras, associated equipment, and cloud-based storage subscription in an amount not-to-exceed $182,635.80 for the FY22-23 year, with a total not-to-exceed amount of $913,178.60 over the five-year term.

Background:

The Milpitas Police Department currently issues Axon Enterprise, Inc. body worn cameras and conducted energy devices to all sworn personnel. Additionally, the department subscribes to the Axon Enterprise, Inc. cloud-based digital evidence management system which stores all body worn camera footage and conducted energy device data, allowing for the storage, preservation, and secured sharing of files, both internally and externally.

On February 7, 2017, the City Council approved the sole source purchase of body worn cameras, conducted energy devices (tasers), associated equipment, and Evidence.com (cloud-based data storage solution) subscription by way of Master Services and Purchasing Agreement with TASER International, Inc. for a contract term of 5-years.

On April 5, 2017, TASER International, Inc. formally changed its business name to Axon Enterprise, Inc. to reflect the evolution of the company from a devices manufacturer to a full solutions provider of cloud and mobile software, connected devices, wearable cameras, and conducted energy devices.

Axon Enterprise, Inc. (Axon) is now solely offering an “Officer Safety Plan” which includes special pricing for the collective purchase of body worn cameras, TASERS, service agreement, warranty of all products, and Evidence.com. The Santa Clara County District Attorney’s Office is also a subscribing customer of Evidence.com, which enables the Police Department to securely transfer digital evidence to the District Attorney’s Office as needed.

The 5-year Master Services and Purchasing Agreement with Axon the City entered into in 2017 expires this calendar year; therefore, a new agreement is needed for continuance of services.

Analysis:

The Police Department requests to enter into a new 5-year agreement for the Officer Safety Plan with Axon, for continuance of existing services/equipment and for a replacement of the current issued conducted energy 52 Item # C8.

devices model. The total cost of the proposed agreement for the Officer Safety Plan is $913,178.60 over 5 years ($182,635.80 annually) with no price escalation.

Body worn cameras have supported police operations in memorializing statements and have been beneficial in collecting evidence related to police performance and conduct. The use of body worn cameras helps to support or refute claims of misconduct and, therefore, helps to reduce City liability. Furthermore, conducted energy devices have been a part of every Milpitas Police officer’s daily equipment for over 25 years and are integral in providing officers with a less than lethal force option. The Police Department currently issues the Taser X26P conducted energy device to all sworn officers. Over the past few years, however, Axon Enterprise, Inc. developed the Taser 7 conducted energy device with improved technology and functionality such as simultaneous two cartridge reload, warning arc and back-up cartridge. Axon’s pricing model bundles the per user cost of hardware (body worn cameras and conducted energy devices) and software (cloud-based digital evidence management system licensing); the pricing included herein includes a replacement of the current Taser model to the Taser 7 model.

Section I-2-3.06 of the Milpitas Municipal Code authorizes the Purchasing Agent to award contracts without competition when the Purchasing Agent determines in writing, after conducting a good faith review of available sources, that only one viable source exists for the required supplies, material, equipment or general service, or there is a compelling reason for using only one source. (See attaches Sole Source Justification Form). Axon International, Inc., is the only known entity that manufactures and distributes this type of body worn camera and conducted energy device, both of which use the Evidence.com platform. No other vendor or manufacturer offers the same or similar products and product integration.

Policy Alternatives:

Alternative 1: Do not approve the sole source purchase and do not approve the Master Services and Purchasing Agreement with Axon

Pros: The City would not incur the cost of these services/equipment over the 5-year term of the agreement.

Cons: Police Department staff would be working without body worn cameras, conducted energy devices, associated equipment, and subscription to Evidence.com—all integral tools needed to support accountability, transparency, and de-escalation.

Reason not recommended: Axon body worn cameras, conducted energy devices, and Evidence.com data storage are fully integrated into police operations; the use of this technology will continue to help in gathering and maintaining evidence in criminal and civil cases.

Fiscal Impact:

The fiscal impact to the Police Department’s FY2022-23 operating budget is $182,635.80, which is already included in the FY 2022-23 Proposed Budget. The total not-to-exceed amount for the 5-year contract term is $913,178.60, subject to annual appropriations.

California Environmental Quality Act:

The action being requested is not a project as defined by CEQA (CEQA Guidelines exemption 15378(b)(2)).

Recommendation:

1. Adopt a Resolution Approving the Sole Source Purchase of Body Worn Cameras, Associated Equipment, and Cloud-Based Storage Subscription

2. Approve the Master Services and Purchasing Agreement with Axon to Provide Body Worn Cameras, Associated Equipment, and Cloud-Based Storage Subscription in an Amount Not-to-Exceed $182,635.80 for the FY22-23 Year, with a Total Not-to-Exceed Amount of $913,178.60 Over the Five-Year Term

Attachments:

1. Resolution

2. Axon Quotation

3. Axon Master Services and Purchasing Agreement

4. Sole Source Justification Form
53 Item # C8.

RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING THE SOLE

SOURCE PURCHASE OF BODY WORN CAMERAS, ASSOCIATED EQUIPMENT, AND CLOUD-BASED STORAGE SUBSCRIPTION; AND APPROVE THE MASTER SERVICES AND PURCHASING

AGREEMENT WITH AXON TO PROVIDE BODY WORN CAMERAS, ASSOCIATED EQUIPMENT, AND CLOUD-BASED STORAGE SUBSCRIPTION IN AN AMOUNT NOT-TO-EXCEED $182,635.80 FOR THE FY22-23 YEAR, WITH A TOTAL NOT-TO-EXCEED AMOUNT OF $913,178.60 OVER THE FIVE-YEAR TERM

WHEREAS, On February 7, 2017, the City Council approved the sole source purchase of body worn cameras, conducted energy devices (tasers), associated equipment, and Evidence.com (cloud-based data storage solution) subscription by way of Master Services and Purchasing Agreement with TASER International, Inc. for a contract term of 5-years; and

WHEREAS, On April 5, 2017, TASER International, Inc. formally changed its business name to Axon Enterprise, Inc. to reflect the evolution of the company from a devices manufacturer to a full solutions provider of cloud and mobile software, connected devices, wearable cameras, and conducted energy devices; and

WHEREAS, the 5-year Master Services and Purchasing Agreement with Axon the City entered into in 2017 expires this calendar year; therefore, a new agreement is needed for continuance of services; and

WHEREAS, Body worn cameras have supported police operations in memorializing statements and have been beneficial in collecting evidence related to police performance and conduct. The use of body worn cameras helps support or refute claims of misconduct and, therefore, helps to reduce City liability; and

WHEREAS, conducted energy devices have been a part of every Milpitas Police officer’s daily equipment for over 25 years and are integral in providing officers with a less than lethal force option; and

WHEREAS, the Police Department currently issues the Taser X26P conducted energy device to all sworn officers.

Over the past few years, however, Axon Enterprise, Inc. developed the Taser 7 conducted energy device with improved technology and functionality . Axon’s p ricing model bundles the per user cost of hardware (body worn cameras and conducted energy devices) and software (cloud-based digital evidence management system licensing); the pricing include herein includes a replacement of the current Taser model to the Taser 7 model; and

WHEREAS, the Santa Clara County District Attorney’s Office is also a subscribing customer of Evidence.com, which enables the Police Department to securely transfer digital evidence to the District Attorney’s Office as needed; and

WHEREAS, the City now wishes to enter into a 5-year master services agreement for the Officer Safety Plan with Axon, for continuance of existing services/equipment and for a replacement of the current issued conducted energy devices model, with a total not-to-exceed amount of $913,178.60 over the 5-year term; and

WHEREAS, Section I-2-3.06 of the Milpitas Municipal Code authorizes the Purchasing Agent to award contracts without competition when the Purchasing Agent determines in writing, after conducting a good faith review of available sources, that only one viable source exists for the required supplies, material, equipment or general service, or there is a compelling reason for using only one source. Axon International, Inc., is the only known entity that manufactures and distributes this type of body worn camera and conducted energy device, both of which use the Evidence.com platform.

No other vendor or manufacturer offers the same or similar products and product integration.

NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:

1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
54 Item # C8.
2 Resolution No.___
Axon Enterprise, Inc., is approved as the sole source provider for the purchase of body worn cameras, associated equipment, and cloud -based storage subscription by way of master services agreement, pursuant to Milpitas Municipal Code Section I-2-3.06 (Sole Source Procurement).

2. The City Council approves and authorizes the City Manager to execute the 5-year Master Services and Purchasing Agreement with Axon to provide body worn cameras, associated equipment, and cloud-based storage subscription in a total not-to-exceed amount of $913,178.60 over the five-year term

PASSED AND ADOPTED this _____day of _______________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

_______________________________
Wendy Wood, City Clerk Rich Tran, Mayor

APPROVED AS TO FORM:

Michael Mutalipassi, City Attorney
55 Item # C8.

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Q-365849-44665.058KP
Issued: 04/13/2022
Quote Expiration: 06/15/2022
Estimated Contract Start Date: 04/15/2022
Account Number: 105711
Payment Terms: N30
Delivery Method: Fedex - Ground

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Delivery;Invoice-1275 N Milpitas Blvd Milpitas Police Dept. - CA Kyle Panasewicz 1275 N Milpitas Blvd 1275 N Milpitas Blvd Phone: +1 4803294734 Phone: (408) 586-2408 Milpitas, CA 95035-3153 Milpitas, CA 95035-3153 Email: [email protected] Email: [email protected] USA USA Fax: (480) 905-2071 Fax: (408) 586-2488
Email:

Quote Summary Discount Summary
Program Length 63 Months Average Savings Per Year $70,970.85 TOTAL COST $865,227.83
ESTIMATED TOTAL W/ TAX $913,178.60 TOTAL SAVINGS $372,596.98

Payment Summary
Date Subtotal Tax Total
2022 $173,045.19 $9,590.21 $182,635.40
2023 $173,045.66 $9,590.14 $182,635.80
2024 $173,045.66 $9,590.14 $182,635.80
2025 $173,045.66 $9,590.14 $182,635.80
2026 $173,045.66 $9,590.14 $182,635.80
Total $865,227.83 $47,950.77 $913,178.60
Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
56 Item # C8.

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Quote Unbundled Price: $1,237,763.25
Quote List Price: $987,131.70
Quote Subtotal: $865,227.83
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
OSP7 2021 - OFFICER SAFETY PLAN 7 90 60 $203.35 $159.00 $159.00 $858,600.03 $47,329.41 $905,929.44 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 2 60 $75.91 $29.50 $29.50 $3,540.00 $331.87 $3,871.87 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 1 63 $72.23 $29.50 $0.00 $0.00 $0.00 $0.00 BWCamTAP Body Worn Camera TAP Bundle 6 63 $35.62 $28.00 $0.00 $0.00 $0.00 $0.00 A la Carte Hardware
T7Dock 2021 T7 Dock 2 $1,543.90 $1,543.90 $3,087.80 $289.49 $3,377.29 AB3C AB3 Camera Bundle 90 $699.00 $0.00 $0.00 $0.00 $0.00 AB3MBD AB3 Multi Bay Dock Bundle 15 $1,538.90 $0.00 $0.00 $0.00 $0.00 Flex2C Flex 2 Camera Bundle 6 $732.00 $0.00 $0.00 $0.00 $0.00 Flex2MBD Flex 2 Multi-Bay Dock Bundle 1 $1,606.90 $0.00 $0.00 $0.00 $0.00 A la Carte Software
73686 EVIDENCE.COM UNLIMITED AXON DEVICE
STORAGE 90 3 $24.00 $0.00 $0.00 $0.00 $0.00
BasicLicense Basic License Bundle 5 3 $15.00 $0.00 $0.00 $0.00 $0.00 ProLicense Pro License Bundle 90 3 $39.00 $0.00 $0.00 $0.00 $0.00 ProLicense Pro License Bundle 2 3 $39.00 $0.00 $0.00 $0.00 $0.00 Total $865,227.83 $47,950.77 $913,178.60
57 Item # C8.

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Delivery Schedule
Hardware
Bundle Item Description QTY Estimated Delivery Date
2021 T7 Dock 74200 TASER 7 6-BAY DOCK AND CORE 2 03/15/2022 Flex 2 Camera Bundle 11528 FLEX 2 CAMERA, (ONLINE) 6 03/15/2022 Flex 2 Multi-Bay Dock Bundle 11537 DOCK, FLEX 2, 6-BAY + CORE 1 03/15/2022 2021 - OFFICER SAFETY PLAN 7 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY (GREEN LASER), CLASS 3R 90 06/15/2022 2021 - OFFICER SAFETY PLAN 7 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY (GREEN LASER), CLASS 3R 3 06/15/2022 2021 - OFFICER SAFETY PLAN 7 20018 TASER 7 BATTERY PACK, TACTICAL 108 06/15/2022 2021 - OFFICER SAFETY PLAN 7 20050 HOOK-AND-LOOP TRAINING (HALT) SUIT 2 06/15/2022 2021 - OFFICER SAFETY PLAN 7 20160 TASER 7 HOLSTER - SAFARILAND, RH+CART CARRIER 80 06/15/2022 2021 - OFFICER SAFETY PLAN 7 20161 TASER 7 HOLSTER - SAFARILAND, LH+CART CARRIER 10 06/15/2022 2021 - OFFICER SAFETY PLAN 7 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 270 06/15/2022 2021 - OFFICER SAFETY PLAN 7 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 180 06/15/2022 2021 - OFFICER SAFETY PLAN 7 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 270 06/15/2022 2021 - OFFICER SAFETY PLAN 7 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 180 06/15/2022 2021 - OFFICER SAFETY PLAN 7 22177 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, STANDOFF NS 180 06/15/2022 2021 - OFFICER SAFETY PLAN 7 22178 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, CLOSE QUART NS 180 06/15/2022 2021 - OFFICER SAFETY PLAN 7 22179 TASER 7 INERT CARTRIDGE, STANDOFF (3.5-DEGREE) NS 50 06/15/2022 2021 - OFFICER SAFETY PLAN 7 22181 TASER 7 INERT CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 50 06/15/2022 2021 - OFFICER SAFETY PLAN 7 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 1 06/15/2022 2021 - OFFICER SAFETY PLAN 7 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 1 06/15/2022 2021 - OFFICER SAFETY PLAN 7 71044 BATTERY, SIGNAL SIDEARM, CR2430 SINGLE PACK 180 06/15/2022 2021 - OFFICER SAFETY PLAN 7 74200 TASER 7 6-BAY DOCK AND CORE 1 06/15/2022 2021 - OFFICER SAFETY PLAN 7 75015 SIGNAL SIDEARM KIT 90 06/15/2022 2021 - OFFICER SAFETY PLAN 7 80087 TASER 7 TARGET, CONDUCTIVE, PROFESSIONAL (RUGGEDIZED) 2 06/15/2022 2021 - OFFICER SAFETY PLAN 7 80090 TARGET FRAME, PROFESSIONAL, 27.5 IN. X 75 IN., TASER 7 2 06/15/2022 2021 T7 Dock 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 2 06/15/2022 2021 T7 Dock 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 2 06/15/2022 AB3 Camera Bundle 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 99 06/15/2022 AB3 Camera Bundle 73202 AXON BODY 3 - NA10 - US - BLK - RAPIDLOCK 90 06/15/2022 AB3 Camera Bundle 73202 AXON BODY 3 - NA10 - US - BLK - RAPIDLOCK 3 06/15/2022 AB3 Camera Bundle 74028 WING CLIP MOUNT, AXON RAPIDLOCK 99 06/15/2022 AB3 Multi Bay Dock Bundle 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 15 06/15/2022 AB3 Multi Bay Dock Bundle 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 15 06/15/2022 AB3 Multi Bay Dock Bundle 74210 AXON BODY 3 - 8 BAY DOCK 15 06/15/2022 Flex 2 Camera Bundle 11532 FLEX 2 CONTROLLER 6 06/15/2022 Flex 2 Camera Bundle 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 7 06/15/2022 Flex 2 Camera Bundle 11546 EPAULETTE MOUNT, FLEX 2 7 06/15/2022 Flex 2 Camera Bundle 74052 WEARABLE CABLE ASSEMBLY, 6 IN, BLACK, FLEX 2 6 06/15/2022 Flex 2 Multi-Bay Dock Bundle 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 1 06/15/2022 Flex 2 Multi-Bay Dock Bundle 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 1 06/15/2022 2021 - OFFICER SAFETY PLAN 7 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 180 06/15/2023 2021 - OFFICER SAFETY PLAN 7 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 180 06/15/2023 2021 - OFFICER SAFETY PLAN 7 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 180 06/15/2024 2021 - OFFICER SAFETY PLAN 7 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 180 06/15/2024 58 Item # C8.

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Hardware
Bundle Item Description QTY Estimated Delivery Date
2021 - OFFICER SAFETY PLAN 7 22177 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, STANDOFF NS 180 06/15/2024 2021 - OFFICER SAFETY PLAN 7 22178 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, CLOSE QUART NS 180 06/15/2024 Body Worn Camera Multi-Bay Dock TAP Bundle 73689 MULTI-BAY BWC DOCK 1ST REFRESH 1 10/15/2024 Body Worn Camera TAP Bundle 73309 AXON CAMERA REFRESH ONE 6 10/15/2024 2021 - OFFICER SAFETY PLAN 7 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 180 06/15/2025 2021 - OFFICER SAFETY PLAN 7 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 180 06/15/2025 2021 - OFFICER SAFETY PLAN 7 73309 AXON CAMERA REFRESH ONE 93 12/15/2025 2021 - OFFICER SAFETY PLAN 7 73689 MULTI-BAY BWC DOCK 1ST REFRESH 12 12/15/2025 Body Worn Camera Multi-Bay Dock TAP Bundle 73689 MULTI-BAY BWC DOCK 1ST REFRESH 2 12/15/2025 2021 - OFFICER SAFETY PLAN 7 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 180 06/15/2026 2021 - OFFICER SAFETY PLAN 7 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 180 06/15/2026 Body Worn Camera Multi-Bay Dock TAP Bundle 73688 MULTI-BAY BWC DOCK 2ND REFRESH 1 04/15/2027 Body Worn Camera TAP Bundle 73310 AXON CAMERA REFRESH TWO 6 04/15/2027 2021 - OFFICER SAFETY PLAN 7 73310 AXON CAMERA REFRESH TWO 93 06/15/2027 2021 - OFFICER SAFETY PLAN 7 73688 MULTI-BAY BWC DOCK 2ND REFRESH 12 06/15/2027 Body Worn Camera Multi-Bay Dock TAP Bundle 73688 MULTI-BAY BWC DOCK 2ND REFRESH 2 06/15/2027 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date Basic License Bundle 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE- 5 04/15/2022 07/14/2022 Basic License Bundle 73840 EVIDENCE.COM BASIC LICENSE 5 04/15/2022 07/14/2022 Pro License Bundle 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE- 270 04/15/2022 07/14/2022 Pro License Bundle 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE- 6 04/15/2022 07/14/2022 Pro License Bundle 73746 PROFESSIONAL EVIDENCE.COM LICENSE 90 04/15/2022 07/14/2022 Pro License Bundle 73746 PROFESSIONAL EVIDENCE.COM LICENSE 2 04/15/2022 07/14/2022 A la Carte 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 90 04/15/2022 07/14/2022 2021 - OFFICER SAFETY PLAN 7 20248 TASER 7 EVIDENCE.COM LICENSE 90 07/15/2022 07/14/2027 2021 - OFFICER SAFETY PLAN 7 20248 TASER 7 EVIDENCE.COM LICENSE 1 07/15/2022 07/14/2027 2021 - OFFICER SAFETY PLAN 7 73449 RESPOND LICENSE FOR AB3 90 07/15/2022 07/14/2027 2021 - OFFICER SAFETY PLAN 7 73638 STANDARDS ACCESS LICENSE 90 07/15/2022 07/14/2027 2021 - OFFICER SAFETY PLAN 7 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 90 07/15/2022 07/14/2027 2021 - OFFICER SAFETY PLAN 7 73687 EVIDENCE.COM VIEWER LICENSE 0 07/15/2022 07/14/2027 2021 - OFFICER SAFETY PLAN 7 73746 PROFESSIONAL EVIDENCE.COM LICENSE 90 07/15/2022 07/14/2027 Services
Bundle Item Description QTY
2021 - OFFICER SAFETY PLAN 7 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 2021 - OFFICER SAFETY PLAN 7 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 2021 - OFFICER SAFETY PLAN 7 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 2021 - OFFICER SAFETY PLAN 7 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 2021 - OFFICER SAFETY PLAN 7 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 2021 - OFFICER SAFETY PLAN 7 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 2021 - OFFICER SAFETY PLAN 7 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 2021 - OFFICER SAFETY PLAN 7 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 59 Item # C8.

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Services
Bundle Item Description QTY
2021 - OFFICER SAFETY PLAN 7 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 2021 - OFFICER SAFETY PLAN 7 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date Body Worn Camera Multi-Bay Dock TAP Bundle 80465 EXT WARRANTY, MULTI-BAY DOCK (TAP) 1 04/15/2022 07/14/2027 Body Worn Camera TAP Bundle 80464 EXT WARRANTY, CAMERA (TAP) 6 04/15/2022 07/14/2027 Body Worn Camera TAP Bundle 80464 EXT WARRANTY, CAMERA (TAP) 0 04/15/2022 07/14/2027 2021 - OFFICER SAFETY PLAN 7 80464 EXT WARRANTY, CAMERA (TAP) 90 07/15/2022 07/14/2027 2021 - OFFICER SAFETY PLAN 7 80464 EXT WARRANTY, CAMERA (TAP) 3 07/15/2022 07/14/2027 2021 - OFFICER SAFETY PLAN 7 80465 EXT WARRANTY, MULTI-BAY DOCK (TAP) 12 07/15/2022 07/14/2027 Body Worn Camera Multi-Bay Dock TAP Bundle 80465 EXT WARRANTY, MULTI-BAY DOCK (TAP) 2 07/15/2022 07/14/2027 2021 - OFFICER SAFETY PLAN 7 80374 EXT WARRANTY, TASER 7 BATTERY PACK 108 06/15/2023 07/14/2027 2021 - OFFICER SAFETY PLAN 7 80395 EXT WARRANTY, TASER 7 HANDLE 90 06/15/2023 07/14/2027 2021 - OFFICER SAFETY PLAN 7 80395 EXT WARRANTY, TASER 7 HANDLE 3 06/15/2023 07/14/2027 2021 - OFFICER SAFETY PLAN 7 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK 1 06/15/2023 07/14/2027 60 Item # C8.

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Payment Details
Jul 2022
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 90 $0.00 $0.00 $0.00 Year 1 AB3C AB3 Camera Bundle 90 $0.00 $0.00 $0.00
Year 1 AB3MBD AB3 Multi Bay Dock Bundle 15 $0.00 $0.00 $0.00 Year 1 BasicLicense Basic License Bundle 5 $0.00 $0.00 $0.00 Year 1 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 2 $708.01 $66.38 $774.39 Year 1 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 1 $0.00 $0.00 $0.00 Year 1 BWCamTAP Body Worn Camera TAP Bundle 6 ($0.47) $0.07 ($0.40) Year 1 Flex2C Flex 2 Camera Bundle 6 $0.00 $0.00 $0.00
Year 1 Flex2MBD Flex 2 Multi-Bay Dock Bundle 1 $0.00 $0.00 $0.00 Year 1 OSP7 2021 - OFFICER SAFETY PLAN 7 90 $171,720.09 $9,465.86 $181,185.95 Year 1 ProLicense Pro License Bundle 90 $0.00 $0.00 $0.00 Year 1 ProLicense Pro License Bundle 2 $0.00 $0.00 $0.00 Year 1 T7Dock 2021 T7 Dock 2 $617.56 $57.90 $675.46
Total $173,045.19 $9,590.21 $182,635.40
Jul 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 90 $0.00 $0.00 $0.00 Year 2 AB3C AB3 Camera Bundle 90 $0.00 $0.00 $0.00
Year 2 AB3MBD AB3 Multi Bay Dock Bundle 15 $0.00 $0.00 $0.00 Year 2 BasicLicense Basic License Bundle 5 $0.00 $0.00 $0.00 Year 2 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 2 $708.01 $66.38 $774.39 Year 2 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 1 $0.00 $0.00 $0.00 Year 2 BWCamTAP Body Worn Camera TAP Bundle 6 $0.00 $0.00 $0.00 Year 2 Flex2C Flex 2 Camera Bundle 6 $0.00 $0.00 $0.00
Year 2 Flex2MBD Flex 2 Multi-Bay Dock Bundle 1 $0.00 $0.00 $0.00 Year 2 OSP7 2021 - OFFICER SAFETY PLAN 7 90 $171,720.09 $9,465.86 $181,185.95 Year 2 ProLicense Pro License Bundle 90 $0.00 $0.00 $0.00 Year 2 ProLicense Pro License Bundle 2 $0.00 $0.00 $0.00 Year 2 T7Dock 2021 T7 Dock 2 $617.56 $57.90 $675.46
Total $173,045.66 $9,590.14 $182,635.80
Jul 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 90 $0.00 $0.00 $0.00 Year 3 AB3C AB3 Camera Bundle 90 $0.00 $0.00 $0.00
Year 3 AB3MBD AB3 Multi Bay Dock Bundle 15 $0.00 $0.00 $0.00 Year 3 BasicLicense Basic License Bundle 5 $0.00 $0.00 $0.00 Year 3 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 2 $708.01 $66.38 $774.39 Year 3 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 1 $0.00 $0.00 $0.00 Year 3 BWCamTAP Body Worn Camera TAP Bundle 6 $0.00 $0.00 $0.00 Year 3 Flex2C Flex 2 Camera Bundle 6 $0.00 $0.00 $0.00
61 Item # C8.

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Jul 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 Flex2MBD Flex 2 Multi-Bay Dock Bundle 1 $0.00 $0.00 $0.00 Year 3 OSP7 2021 - OFFICER SAFETY PLAN 7 90 $171,720.09 $9,465.86 $181,185.95 Year 3 ProLicense Pro License Bundle 90 $0.00 $0.00 $0.00 Year 3 ProLicense Pro License Bundle 2 $0.00 $0.00 $0.00 Year 3 T7Dock 2021 T7 Dock 2 $617.56 $57.90 $675.46
Total $173,045.66 $9,590.14 $182,635.80
Jul 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 90 $0.00 $0.00 $0.00 Year 4 AB3C AB3 Camera Bundle 90 $0.00 $0.00 $0.00
Year 4 AB3MBD AB3 Multi Bay Dock Bundle 15 $0.00 $0.00 $0.00 Year 4 BasicLicense Basic License Bundle 5 $0.00 $0.00 $0.00 Year 4 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 2 $708.01 $66.38 $774.39 Year 4 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 1 $0.00 $0.00 $0.00 Year 4 BWCamTAP Body Worn Camera TAP Bundle 6 $0.00 $0.00 $0.00 Year 4 Flex2C Flex 2 Camera Bundle 6 $0.00 $0.00 $0.00
Year 4 Flex2MBD Flex 2 Multi-Bay Dock Bundle 1 $0.00 $0.00 $0.00 Year 4 OSP7 2021 - OFFICER SAFETY PLAN 7 90 $171,720.09 $9,465.86 $181,185.95 Year 4 ProLicense Pro License Bundle 90 $0.00 $0.00 $0.00 Year 4 ProLicense Pro License Bundle 2 $0.00 $0.00 $0.00 Year 4 T7Dock 2021 T7 Dock 2 $617.56 $57.90 $675.46
Total $173,045.66 $9,590.14 $182,635.80
Jul 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 90 $0.00 $0.00 $0.00 Year 5 AB3C AB3 Camera Bundle 90 $0.00 $0.00 $0.00
Year 5 AB3MBD AB3 Multi Bay Dock Bundle 15 $0.00 $0.00 $0.00 Year 5 BasicLicense Basic License Bundle 5 $0.00 $0.00 $0.00 Year 5 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 2 $708.01 $66.38 $774.39 Year 5 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 1 $0.00 $0.00 $0.00 Year 5 BWCamTAP Body Worn Camera TAP Bundle 6 $0.00 $0.00 $0.00 Year 5 Flex2C Flex 2 Camera Bundle 6 $0.00 $0.00 $0.00
Year 5 Flex2MBD Flex 2 Multi-Bay Dock Bundle 1 $0.00 $0.00 $0.00 Year 5 OSP7 2021 - OFFICER SAFETY PLAN 7 90 $171,720.09 $9,465.86 $181,185.95 Year 5 ProLicense Pro License Bundle 90 $0.00 $0.00 $0.00 Year 5 ProLicense Pro License Bundle 2 $0.00 $0.00 $0.00 Year 5 T7Dock 2021 T7 Dock 2 $617.56 $57.90 $675.46
Total $173,045.66 $9,590.14 $182,635.80

62 Item # C8.

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Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.

Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.

ACEIP:

The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.

Acceptance of Terms:

Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. 63 Item # C8.

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\s1\ \d1\
Signature Date Signed
4/13/2022

64 Item # C8.

Master Services and Purchasing Agreement for Agency

Title: Master Services and Purchasing Agreement for Agency Department: Legal
Version: 14.0
Release Date: 3/10/2022 Page 1 of 20
This Master Services and Purchasing Agreement (“Agreement”) is between Axon Enterprise, Inc., a Delaware corporation (“Axon”), and the agency listed below or, if no agency is listed below, the agency on the Quote attached hereto (“Agency”). This Agreement is effective as of the later of the (a) last signature date on this Agreement or (b) signature date on the Quote (“ Effective Date”). Axon and Agency are each a “ Party” and collectively “ Parties”. This Agreement governs Agency’s purchase and use of the Axon Devices and Services detailed in the Quote Appendix (“Quote”). It is the intent of the Parties that this Agreement act as a master agreement governing all subsequent purchases by Agency for the same Axon Devices and Services in the Quote, and al l such subsequent quotes accepted by Agency shall be also incorporated into this Agreement by reference as a Quote. The Parties agree as follows:

1. Definitions.

1.1. “Axon Cloud Services” means Axon’s web services for Axon Evidence, Axon Records, Axon Dispatch, and interactions between Axon Evidence and Axon Devices or Axon client software. Axon Cloud Service excludes third-party applications, hardware warranties, and my.evidence.com.

1.2. “Axon Device” means all hardware provided by Axon under this Agreement.

1.3. “Quote” means an offer to sell and is only valid for devices and services on the quote at the specified prices.

Any terms within Agency’s purchase order in response to a Quote will be void. Orders are subject to prior credit approval. Changes in the deployment e stimated ship date may change charges in the Quote. Shipping dates are estimates only. Axon is not responsible for typographical errors in any offer by Axon, and Axon reserves the right to cancel any orders resulting from such errors.

1.4. “Services” means al l services provided by Axon under this Agreement, including software, Axon Cloud Services, and professional services.

2. Term. This Agreement begins on the Effective Date and continues until all subscriptions hereunder have expired or have been terminated (“Term”).

2.1. All subscriptions including Axon Evidence, Axon Fleet, Officer Safety Plans, Technology Assurance Plans, and TASER 7 plans begin on the date stated in the Quote. Each subscription term ends upon completion of the subscription stated in the Quote (“Subscription Term”).

2.2. Upon completion of the Subscription Term, the Subscription Term will automatically renew for an additional 5 years (“Renewal Term”). For purchase of TASER 7 as a standalone, Axon may increase pricing to its then - current list pricing for any Renewal Term. For all other purchases, Axon may increase pricing on all line items in the Quote up to 3% at the beginning of each year of the Renewal Term. New devices and services may require additional terms. Axon will not authorize services until Axon receives a signed Quote or accepts a purchase order, whichever is first.

3. Payment. Axon invoices upon shipment, or on the date specified within the invoicing plan in the Quote. Payment is due net 30 days from the invoice date. Payment obligations are non-cancelable. Unless otherwise prohibited by law, Agency will pay interest on all past-due sums at the lower of one-and-a-half percent (1.5%) per month or the highest rate allowed by law. Agency will pay invoices without setoff, deduction, or withholding . If Axon sends a past due account to collections, Agency is responsible for collection and attorneys’ fees.

4. Taxes. Agency is responsible for sales and other taxes associated with the order unless Agency provides Axon a valid tax exemption certificate.

5. Shipping. Axon may make partial shipments and ship Axon Devices from multiple locations. All shipments are EXW (Incoterms 2020) via common carrier. Title and risk of loss pass to Agency upon Axon’s delivery to the common carrier. Agency is responsible for any shipping charges in the Quote.

6. Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as provided by state or federal law.

7. Warranty.

7.1. Limited Warranty; Disclaimer . Axon warrants that Axon -manufactured Device s are free from defects in workmanship and materials for 1 year from the date of Agency’s receipt, except Signal Sidearm and Axon - manufactured accessories, which Axon warrants for 30 months and 90 days, respectively, from the date of Agency’s receipt. Used conducted energy weapon (“CEW”) cartridges are deemed to have operated properly.

Extended warranties run from the expiration of the 1 -year hardware warranty through the extended warranty term. All software and Axon Cloud Services, are provided "AS IS," wi thout any warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non -infringement. Axon Devices, software, and services that are not manufactured, published or performed by Axon (“Third -Party Products”) are not covered by Axon’s 65 Item # C8.

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warranty and are only subject to the warranties of the third-party provider or manufacturer.

7.2. Claims. If Axon receives a valid warranty claim for an Axon -manufactured Device during the warranty term, Axon’s sole responsibility is to repair or replace the Axon -manufactured Device with the same or like Axon - manufactured Device, at Axon’s option. A replacem ent Axon-manufactured Device will be new or like new.

Axon will warrant the replacement Axon -manufactured Device for the longer of (a) the remaining warranty of the original Axon Manufactured Device or (b) 90-days from the date of repair or replacement.

7.2.1. If Agency exchanges a device or part, the replacement item becomes Agency’s property, and the replaced item becomes Axon’s property. Before delivering an Axon -manufactured Device for service, Agency must upload Axon -manufactured Device data to Axon Evidence or download it and retain a copy. Axon is not responsible for any loss of software, data, or other information contained in storage media or any part of the Axon-manufactured Device sent to Axon for service.

7.3. Spare Axon Devices. At Axon's reasonable discretion, Axon may provide Agency a predetermined number of spare Axon Devices as detailed in the Quote (“ Spare Axon Devices”). Spare Axon Devices are intended to replace broken or non -functioning units while Agency submits the broken or non -functioning unit s, through Axon’s warranty return process. Axon will repair or replace the unit with a replacement Axon Device. Title and risk of loss for all Spare Axon Devices shall pass to Agency in accordance with shipping terms under Section

5. Axon assumes no liabil ity or obligation in the e/vent Agency does not utilize Spare Axon Devices for the intended purpose.

7.4. Limitations. Axon’s warranty excludes damage related to: (a) failure to follow Axon Device use instructions; (b) Axon Devices used with equipment not manufactured or recommended by Axon; (c) abuse, misuse, or intentional damage to Axon Device; (d) force majeure; (e) Axon Devices repaired or modified by persons other than Axon without Axon’s written permission; or (f) Axon Devices with a defaced or remov ed serial number.

Axon’s warranty will be void if Agency resells Axon Devices.

7.4.1. To the extent permitted by law, the above warranties and remedies are exclusive. Axon disclaims all other warranties, remedies, and conditions, whether oral, written, statutory, or implied. If statutory or implied warranties cannot be lawfully disclaimed, then such warranties are limited to the duration of the warranty described above and by the provisions in this Agreement.

7.4.2. Axon’s cumulative liability to any Party for any loss or damage resulting from any claim, demand, or action arising out of or relating to any Axon Device or Service will not exceed the purchase price paid to Axon for the Axon Device, or if for Services, the amount paid for such Services over the 12 months preceding the claim. Neither Party will be liable for direct, special, indirect, incidental, punitive or consequential damages, however caused, whether for breach of warranty or contract, negligence, strict liability, tort or any other legal theory.

7.5. Online Support Platforms . Use of Axon's online support platforms (e.g., Axon Academy and MyAxon) is governed by the Axon Online Support Platforms Terms of Use Appendix available at www.axon.com/sales- terms-and-conditions.

7.6. Third-Party Software and Services . Use of software or services other than those provided by Axon is governed by the terms, if any, entered into between Agency and the respective third-party provider, including, without limitation, the terms applicable to such software or services located at www.axon.com/sales-terms- and-conditions, if any.

7.7. Axon Aid . Upon mutual agreement between Axon and Agency, Axon may provide certain products and services to Agency, as a charitable donation under the Axon Aid program. In such event, Agency expressly waives and releases any and all claims, now known or hereafter known, against Axon, and its officers, directors, employees, agents, contractors, affiliates, successors, and assigns (collectively, "Releasees"), including but not limited to, on account of injury, death, property damage, or loss of data, arising out of or attributable to the Axon Aid program whether arising out of the negligence of Axon or any Releasees or otherwise. Agency agrees not to make or bring any such claim against Axon or any other Releas ee, and forever release and discharge Axon and all other Releasees from liability under such claims. Agency expressly allows Axon to publicly announce its participation in Axon Aid and use its name in marketing materials. Axon may terminate the Axon Aid program without cause immediately upon notice to the Agency.

8. Statement of Work. Certain Axon Devices and Services, including Axon Interview Room, Axon Channel Services, and Axon Fleet, may require a Statement of Work that details Axon’s Service deliverables (“SOW”). In the event Axon provides an SOW to Agency, Axon is only responsible to perform Services described in the SOW. Additional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule. The SOW is incorporated into this Agreement by reference. 66 Item # C8.

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9. Axon Device Warnings. See www.axon.com/legal for the most current Axon Device warnings.

10. Design Changes. Axon may make design changes to any Axon Device or Service without notifying Agency or making the same change to Axon Devices and Services previously purchased by Agency.

11. Bundled Offerings. Some offerings in bundled offerings may not be generally availa ble at the time of Agency’s purchase. Axon will not provide a refund, credit, or additional discount beyond what is in the Quote due to a delay of availability or Agency’s election not to utilize any portion of an Axon bundle.

12. Insurance. Axon will maintain General Liability, Workers’ Compensation, and Automobile Liability insurance. Upon request, Axon will supply certificates of insurance.

13. IP Rights. Axon owns and reserves all right, title, and interest in Axon -manufactured Devices and Services and suggestions to Axon, including all related intellectual property rights. Agency will not cause any Axon proprietary rights to be violated.

14. IP Indemnification. Axon will indemnify Agency Indemnitees against all claims, losses, and reasonable expenses from any third -party claim alleging that the use of Axon -manufactured Devices or Services infringes or misappropriates the third-party’s intellectual property rights. Agency must promptly provide Axon with written notice of such claim, tender to Axon the defense or sett lement of such claim at Axon’s expense and cooperate fully with Axon in the defense or settlement of such claim. Axon’s IP indemnification obligations do not apply to claims based on (a) modification of Axon-manufactured Devices or Services by Agency or a third-party not approved by Axon; (b) use of Axon-manufactured Devices and Services in combination with hardware or services not approved by Axon; (c) use of Axon Devices and Services other than as permitted in this Agreement; or (d) use of Axon software t hat is not the most current release provided by Axon.

15. Agency Responsibilities. Agency is responsible for (a) Agency’s use of Axon Devices; (b) breach of this Agreement or violation of applicable law by Agency or an Agency end user; and (c) a dispute betw een Agency and a third-party over Agency’s use of Axon Devices.

16. Termination.

16.1. For Breach. A Party may terminate this Agreement for cause if it provides 30 days written notice of the breach to the other Party, and the breach remains uncured at the end of 30 days. If Agency terminates this Agreement due to Axon’s uncured breach, Axon will refund prepaid amounts on a prorated basis based on the effective date of termination.

16.2. By Agency. If sufficient funds are not appropriated or otherwise legally available to pay the fees, Agency may terminate this Agreement. Agency will deliver notice of termination under this section as soon as reasonably practicable.

16.3. Effect of Termination . Upon termination of this Agreement, Agency rights immediately terminate. Agency remains responsible for all fees incurred before the effective date of termination. If Agency purchases Axon Devices for less than the manufacturer’s suggested retail price (“MSRP”) and this Agreement terminates before the end of the Term, Axon will invoice Agency the difference between the MSRP for Axon Devices received, including any Spare Axon Devices, and amounts paid towards those Axon Devices. Only if terminating for non- appropriation, Agency may return Axon Devices to Axon within 30 days of termination. MSRP is the standalone price of the individual Axon Device at the time of sale. For bundled Axon Devices, MSRP is the standalone price of all individual components.

17. Confidentiality. “Confidential Information” means nonpublic information designated as confidential or, given the nature of the information or circumstances surrounding di sclosure, should reasonably be understood to be confidential. Each Party will take reasonable measures to avoid disclosure, dissemination, or unauthorized use of the other Party’s Confidential Information. Unless required by law, neither Party will disclose the other Party’s Confidential Information during the Term and for 5 years thereafter. To the extent permissible by law, Axon pricing is Confidential Information and competition sensitive. If Agency receives a public records request to disclose Axon Conf idential Information, to the extent allowed by law, Agency will provide notice to Axon before disclosure. Axon may publicly announce information related to this Agreement.

18. General.

18.1. Force Majeure. Neither Party will be liable for any delay or failure to perform due to a cause beyond a Party’s reasonable control.

18.2. Independent Contractors. The Parties are independent contractors. Neither Party has the authority to bind the other. This Agreement does not create a partnership, franchise, joint ventu re, agency, fiduciary, or employment relationship between the Parties.
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18.3. Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement.

18.4. Non-Discrimination. Neither Party nor its employees will discriminate against any person based on race; religion; creed; color; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, or federal law.

18.5. Export Compliance. Each Party will comply with all import and export control laws and regulations.

18.6. Assignment. Neither Party may assign this Agreement without th e other Party’s prior written consent. Axon may assign this Agreement, its rights, or obligations without consent: (a) to an affiliate or subsidiary; or (b) for purposes of financing, merger, acquisition, corporate reorganization, or sale of all or substantially all its assets.

This Agreement is binding upon the Parties respective successors and assigns.

18.7. Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitutes a waiver of that right.

18.8. Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable, the remaining portions of this Agreement will remain in effect.

18.9. Survival. The following sections will survive termination: Payment, Warranty, Axon Device Warnings, Indemnification, IP Rights, and Agency Responsibilities.

18.10. Governing Law. The laws of the state where Agency is physically located, without reference to conflict of law rules, govern this Agreement and any dispute arising from it. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.

18.11. Notices. All notices must be in English. Notices posted on Agency’s Axon Evidence site are effective upon posting. Notices by email are effective on the sent date of the email. Notices by personal delivery are effective immediately. Contact information for notices:

Axon: Axon Enterprise, Inc. Agency: Milpitas Police Department Attn: Legal Attn:
17800 N. 85th Street Street Address: 1275 N Milpitas Blvd Scottsdale, Arizona 85255 City, State, Zip: Milpitas, CA 95035 [email protected] Email:

18.12 Entire Agreement . This Agreement, including the Appendices and any SOW(s), represents the entire agreement between the Parties. This Agreement supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement. This Agreement may only be modified or amended in a writing signed by the Parties.

Each Party, by and through its respective representative authorized to execute this Agreement , has duly executed and delivered this Agreement as of the date of signature.

AXON: AGENCY:

Axon Enterprise, Inc. Milpitas Police Department

Signature:

Name: Name:

Title:

Date:

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Axon Cloud Services Terms of Use Appendix

1. Definitions.

1.1. “Agency Content” is data uploaded into, ingested by, or created in Axon Cloud Services within Agency’s tenant, including media or multimedia uploaded into Axon Cloud Services by Agency. Agency Content includes Evidence but excludes Non-Content Data.

1.2. “Evidence” is media or multimedia uploaded into Axon Evidence as 'evidence' by an Agency. Evidence is a subset of Agency Content.

1.3. “Non-Content Data” is data, configuration, and usage information about Agency’s Axon Cloud Services tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Devices. Non- Content Data includes data about users captured during account management and customer support activities.

Non-Content Data does not include Agency Content.

1.4. “Personal Data” means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

2. Access. Upon Axon granting Agency a subscription to Axon Cloud S ervices, Agency may access and use Axon Cloud Services to store and manage Agency Content. Agency may not exceed more end users than the Quote specifies. Axon Air requires an Axon Evidence subscription for each drone operator. For Axon Evidence Lite, Agency may access and use Axon Evidence only to store and manage TASER CEW and TASER CAM data (“TASER Data”).

Agency may not upload non-TASER Data to Axon Evidence Lite.

3. Agency Owns Agency Content. Agency controls and owns all right, title, and interest in Agency Content. Except as outlined herein, Axon obtains no interest in Agency Content, and Agency Content is not Axon’s business records.

Agency is solely responsible for uploading, sharing, managing, and deleting Agency Content. Axon will only have access to Agency Content for the limited purposes set forth herein. Agency agrees to allow Axon access to Agency Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement or policies governing use of the Axon products.

4. Security. Axon will implement commercially reasonable and appropriate measures to secure Agency Content against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive information security program to protect Axon Cloud S ervices and Agency Content including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of uploaded digital evidence; security education; and data protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum.

5. Agency Responsibilities. Agency is responsible for (a) ensuring Agency owns Agency Content; (b) ensuring no Agency Content or Agency end user’s use of Agency Content or Axon Cloud Services violates this Agreement or applicable laws; and (c) maintaining necessary computer equipment and Internet connections for use of Axon Cloud Services. If Agency becomes aware of any violation of this Agreement by an end user, Agency will imme diately terminate that end user’s access to Axon Cloud Services.

5.1. Agency will also maintain the security of end usernames and passwords and security and access by end users to Agency Content. Agency is responsible for ensuring the configuration and utilization of Axon Cloud Services meet applicable Agency regulation and standards. Agency may not sell, transfer, or sublicense access to any other entity or person. Agency shall contact Axon immediately if an unauthorized party may be using Agency’s account or Agency Content, or if account information is lost or stolen.

5.2. To the extent Agency uses the Axon Cloud Services to interact with YouTube®, such use may be governed by the YouTube Terms of Service, available at https://www.youtube.com/static?template=terms.

6. Privacy. Agency’s use of Axon Cloud Services is subject to the Axon Cloud Services Privacy Policy, a current version of which is available at https://www.axon.com/legal/cloud -services-privacy-policy. Agency agrees to allow Axon access to Non-Content Data from Agency to (a) perform troubleshooting, maintenance, or diagnostic screenings; (b) provide, develop, improve, and support current and future Axon products and related services; and (c) enforce this Agreement or policies governing the use of Axon products. 69 Item # C8.

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7. Axon Body 3 Wi -Fi Positioning . Axon Body 3 cameras offer a feature to enhance location services where GPS/GNSS signals may not be available, for instance, within buildings or underground. Agency administrators can manage their choice to use this service within the administrative features of Axon Cloud Services. If Agency chooses to use this service, Axon must also enable the usage of the feature for Agency’s Axon Cloud Services tenant. Agency will not see this option with Axon Cloud Services unless Axon has enabled Wi-Fi Positioning for Agency’s Axon Cloud Services tenant. When Wi-Fi Positioning is enabled by both Axon and Agency, Non -Content and Personal Data will be sent to Skyhook Holdings, Inc. (“ Skyhook”) to facilitate the Wi -Fi Positioning functionality. Data controlled by Skyhook is outside the scope of the Axon Cloud Services Privacy Policy and is subject to the Skyhook Services Privacy Policy.

8. Storage. For Axon Unlimited Device Storage subscriptions, Agency may store unlimited da ta in Agency's Axon Evidence account only if data originates from Axon Capture or the applicable Axon Device. Axon may charge Agency additional fees for exceeding purchased storage amounts. Axon may place Agency Content that Agency has not viewed or accessed for 6 months into archival storage. Agency Content in archival storage will not have immediate availability and may take up to 24 hours to access.

9. Location of Storage . Axon may transfer Agency Content to third -party subcontractors for storage. Axon will determine the locations of data centers for storage of Agency Content. For United States agencies, Axon will ensure all Agency Content stored in Axon Cloud Services remains within the United States. Ownership of Agency Content remains with Agency.

10. Suspension. Axon may temporarily suspend Agency’s or any end user’s right to access or use any portion or all of Axon Cloud Services immediately upon notice, if Agency or end user’s use of or registration for Axon Cloud Services may (a) pose a security risk to Axon Cloud Services or any third -party; (b) adversely impact Axon Cloud Services , the systems, or content of any other customer; (c) subject Axon, Axon’s affiliates, or any third -party to liability; or (d) be fraudulent. Agency remains responsible for all fees incurred through suspension. Axon will not delete Agency Content because of suspension, except as specified in this Agreement.

11. Axon Cloud Services Warranty. Axon disclaims any warranties or responsibility for data corruption or errors before Agency uploads data to Axon Cloud Services.

12. Axon Records. Axon Records is the software -as-a-service product that is generally available at the time Agency purchases an OSP 7 bundle. During Agency’s Axon Records Subscription Term, if any, Agency will be entitled to receive Axon’s Update and Upgrade releases on an if-and-when available basis.

12.1. The Axon Records Subscription Term will end upon the competition of the Axon Records Subscription as documented in the Quote, or if purchased as part of an OSP 7 bundle, upon competition of the OSP 7 Term (“Axon Records Subscription”)

12.2. An “Update” is a generally available release of Axon Records that Axon makes available from time to time. An “Upgrade” includes (i) new versions of Axon Records that enhance features and functionality, as solely determined by Axon; and/or (ii) n ew versions of Axon Records that provide additional features or perform additional functions. Upgrades exclude new products that Axon introduces and markets as distinct products or applications.

12.3. New or additional Axon products and applications, as well as any Axon professional services needed to configure Axon Records, are not included. If Agency purchases Axon Records as part of a bundled offering, the Axon Record subscription begins on the later of the (1) start date of that bundled offering, or (2) date Axon provisions Axon Records to Agency.

12.4. Users of Axon Records at the agency may upload files to entities (incidents, reports, cases, etc) in Axon Records with no limit to the number of files and amount of storage. Notwithstanding the foregoing, Axon may limit usage should the Agency exceed an average rate of 100 GB per user per year of uploaded files. Axon will not bill for overages.

13. Axon Cloud Services Restrictions . Agency and Agency end users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to:

13.1. copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services;

13.2. reverse engineer, disassemble, or decompile Axon Cloud Services or apply any process to derive any source code included in Axon Cloud Services, or allow others to do the same; 70 Item # C8.

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13.3. access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas;

13.4. use trade secret information contained in Axon C loud Services, except as expressly permitted in this Agreement;

13.5. access Axon Cloud Services to build a competitive device or service or copy any features, functions, or graphics of Axon Cloud Services;

13.6. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon’s or Axon’s licensors on or within Axon Cloud Services; or

13.7. use Axon Cloud Services to store or transmit infringing, libelous, or other unlawful or tortious material; to store or transmit material in violation of third-party privacy rights; or to store or transmit malicious code.

14. After Termination . Axon will not delete Agency Content for 90 days following termination. There will b e no functionality of Axon Cloud Services during these 90 days other than the ability to retrieve Agency Content. Agency will not incur additional fees if Agency downloads Agency Content from Axon Cloud Services during this time. Axon has no obligation to maintain or provide Agency Content after these 90 -days and will thereafter, unless legally prohibited, delete all Agency Content. Upon request, Axon will provide written proof that Axon successfully deleted and fully removed all Agency Content from Axon Cloud Services.

15. Post-Termination Assistance. Axon will provide Agency with the same post -termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Agency Content, including requests for Axon’s data egress service, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system.

16. U.S. Government Rights. If Agency is a U.S. Federal department or using Axon Cloud Services on behalf of a U.S. Federal department, Axon Cloud Services is provided as a “commercial item,” “commercial computer software,” “commercial computer software documentation,” and “technical data”, as defined in the Federal A cquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Agency is using Axon Cloud Services on behalf of the U.S. Government and these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, Agency will immediately discontinue use of Axon Cloud Services.

17. Survival. Upon any termination of this Agreement, the following sections in this Appendix will survive: Agency Owns Agency Content, Privacy, Storage, Axon Cloud Services Warranty, and Axon Cloud Services Restrictions.

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Axon Customer Experience Improvement Program Appendix

1. Axon Customer Experience Improvement Program (ACEIP) . The ACEIP is designed to accelerate Axon’s development of technology, such as building and supporting automated features, to ultimately increase safety within communities and drive efficiency in public safety. To this end, subject to the limitations on Axon as described below, Axon, where allowed by law, may make limited use of Agency Content from all of its customers, to provide, develop, improve, and support current and future Axon products (collectively, “ACEIP Purposes”). However, at all times, Axon will comply with its obliga tions pursuant to the Axon Cloud Services Terms of Use Appendix to maintain a comprehensive data security program (including compliance with the CJIS Security Policy for Criminal Justice Information), privacy program, and data governance policy, including high industry standards of de -identifying Personal Data, to enforce its security and privacy obligations for the ACEIP. ACEIP has 2 tiers of participation, Tier 1 and Tier 2. By default, Agency will be a participant in ACEIP Tier 1. If Agency does not want to participate in ACEIP Tier 1, Agency can revoke its consent at any time. If Agency wants to participate in Tier 2, as detailed below, Agency can check the ACEIP Tier 2 box below. If Agency does not want to participate in ACEIP Tier 2, Agency should leave box unchecked. At any time, Agency may revoke its consent to ACEIP Tier 1, Tier 2, or both Tiers.

2. ACEIP Tier 1.

2.1. When Axon uses Agency Content for the ACEIP Purposes, Axon will extract from Agency Content and may store separately copies of certain s egments or elements of the Agency Content (collectively, “ ACEIP Content”). When extracting ACEIP Content, Axon will use commercially reasonable efforts to aggregate, transform or de -identify Agency Content so that the extracted ACEIP Content is no longer reasona bly capable of being associated with, or could reasonably be linked directly or indirectly to a particular individual (“Privacy Preserving Technique(s)”). For illustrative purposes, some examples are described in footnote 1 1. For clarity, ACEIP Content wi ll still be linked indirectly, with an attribution, to the Agency from which it was extracted. This attribution will be stored separately from the data itself, but is necessary for and will be solely used to enable Axon to identify and delete all ACEIP Content upon Agency request.

Once de-identified, ACEIP Content may then be further modified, analyzed, and used to create derivative works. At any time, Agency may revoke the consent granted herein to Axon to access and use Agency Content for ACEIP Purposes. Within 30 days of receiving the Agency’s request, Axon will no longer access or use Agency Content for ACEIP Purposes and will delete any and all ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to Agency. In addition, if Axon uses Agency Content for the ACEIP Purposes, upon request, Axon will make available to Agency a list of the specific type of Agency Content being used to generate ACE IP Content, the purpose of such use, and the retention, privacy preserving extraction technique, and relevant data protection practices applicable to the Agency Content or ACEIP Content (“Use Case”). From time to time, Axon may develop and deploy new Use C ases. At least 30 days prior to authorizing the deployment of any new Use Case, Axon will provide Agency notice (by updating the list of Use Case at https://www.axon.com/aceip and providing Agency with a mechanism to obtain notice of that update or another commercially reasonable method to Agency designated contact) (“New Use Case”).

2.2. Expiration of ACEIP Tier 1 . Agency consent granted herein, will expire upon termination of the Agreement. In accordance with section 1.1.1, within 30 days of receiving the Agency’s request, Axon will no longer access or use Agency Content for ACEIP Purposes and will delete ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with , or could reasonably be linked directly or indirectly to Agency.

3. ACEIP Tier 2. In addition to ACEIP Tier 1, if Agency wants to help further improve Axon’s services, Agency may choose to participate in Tier 2 of the ACEIP. ACEIP Tier 2 grants Axon certain additional rights to use Agency

1 For example; (a) when extracting specific text to improve automated transcription capabilities, text that could be used to directly identify a particular individual would not be extracted, and extracted text would be disassociated from identifying metadata of any speakers, and the extracted text would be split into individual words and aggregated with other data sources (including publicly available data) to remove any reasonable ability to link any specific text directly or indirectly back to a particular individual; (b) when extracting license plate data to improve Automated License Plate Recognition (ALPR) capabilities, individual license plate characters would be extracted and disassociated from each other so a complete plate could not be reconstituted, and all association to other elements of the source video, such as the vehicle, location, time, and the surrounding environment would also be removed; (c) when extracting audio of potential acoustic events (such as glass breaking or gun shots), very short segments (<1 second) of audio that only contains the likely acoustic events would be extracted and all human utterances would be removed. 72 Item # C8.

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Content, in addition to those set forth in Tier 1 above, without the guaranteed deployment of a Privacy Preserving Technique to enable product development, improvement, and support that cannot be accomplished with aggregated, transformed or de-identified data.
☐ Check this box if Agency wants to help further improve Axon’s services by participating in ACEIP Tier 2 in addition to Tier 1. Axon will not enroll Agency into ACEIP Tier 2 until Axon and Agency agree to terms in writing providing for such participation in ACEIP Tier 2.

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Title: Master Services and Purchasing Agreement for Agency Department: Legal
Version: 14.0
Release Date: 3/10/2022 Page 10 of 20
Technology Assurance Plan Appendix
If Technology Assurance Plan (“TAP”) or a bundle including TAP is on the Quote, this appendix applies.

1. TAP Warranty. The TAP warranty is an extended warranty that starts at the end of the 1 -year hardware limited warranty.

2. Officer Safety Plan. If Agency purchases an Officer Safety Plan (“OSP”), Agency will receive the deliverables detailed in the Quote. Agency must accept delivery of the TASER CEW and accessories as soon as available from Axon.

3. OSP 7 Term. OSP 7 begins on the date specified in the Quote (“OSP 7 Term”).

4. TAP BWC Upgrade. If Agency has no outstanding payment obligations and purchased TAP, Axon will provide Agency a new Axon body -worn camera (“ BWC Upgrade”) as scheduled in the Quote. If Agency purchased TAP Axon will provide a BWC Upgrade that is the same or like Axon Device, at Axon’s option. Axon makes no guarantee the BWC Upgrade will utilize the same accessories or Axon Dock.

5. TAP Dock Upgrade. If Agency has no outstanding payment obligations and purchased TAP, Axon will provide Agency a new Axon Dock as scheduled in the Quote (“ Dock Upgrade”). Accessories associated with any Dock Upgrades are subject to change at Axon discretion. Dock Upgrades will only include a new Axon Dock bay configuration unless a new Axon Dock core is required for BWC compatibility. If Agency originally purchased a single-bay Axon Dock, the Dock Upgrade will be a single-bay Axon Dock model that is the same or like Axon Device, at Axon’s option. If Agency originally purchased a multi-bay Axon Dock, the Dock Upgrade will be a multi-bay Axon Dock that is the same or like Axon Device, at Axon’s option.

6. Upgrade Delay. Axon may ship the BWC and Dock Upgrades as scheduled in the Quote without prior confirmation from Agency unless the Parties agree in writing otherwise at least 90 days in advance. Axon may ship the final BWC and Dock Upgrade as scheduled in the Quote 60 days before the end of the Subscription Term without prior confirmation from Agency.

7. Upgrade Change. If Agency wants to change Axon Device models for the offered BWC or Dock Upgrade, Agency must pay the price difference between the MSRP for the offered BWC or Dock Upgrade and the MSRP for the model desired. If the model Agency desires has an MSRP less than the MSRP of the offered BWC Upgrade or Dock Upgrade, Axon will not provide a refund. The MSRP is the MSRP in effect at the time of the upgrade.

8. Return of Original Axon Device. Within 30 days of receiving a BWC or Dock Upgrade, Agency must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon including serial numbers for the destroyed Axon Devices. If Agency does not return or destroy the Axon Devices, Axon will deactivate the serial numbers for the Axon Devices received by Agency.

9. Termination. If Agency’s payment for TAP, OSP, or Axon Evidence is more than 30 days past due, Axon may terminate TAP or OSP. Once TAP or OSP terminates for any reason:

9.1. TAP and OSP coverage terminate as of the date of termination and no refunds will be given.

9.2. Axon will not and has no obligation to provide the Upgrade Models.

9.3. Agency must make any missed payments due to the terminati on before Agency may purchase any future TAP or OSP.
74 Item # C8.

1. Duty Cartridge Replenishment Plan. If the Quote includes “ Duty Cartridge Replenishment Plan”, Agency must purchase the plan for each CEW user. A CEW user includes officers that use a CEW in the line of duty and those that only use a CEW for training. Agency may not resell cartridges received. Axon will only replace cartridges used in the line of duty.

2. Training. If the Quote includes a training voucher, Agency must use the voucher within 1 year of issuance, or the voucher will be void. Axon will issue Agency a voucher annually beginning on the start of the TASER Subscription Term. The voucher has no cash value. Agency cannot exchange it for another device or service. Unless stated in the Quote, the voucher does not include travel expenses and will be Agency’s responsibility. If the Quote includes Axon Online Training or Virtual Reality Content Empathy Development for Autism/Schizophrenia (collectively, “ Training Content”), Agency may access Training Content. Axon will deliver all Training Content electronically.

3. Extended Warranty. If the Quote includes an extended warranty, the extended warranty coverage period warranty will be for a 5-year term, which includes the hardware manufacturer’s warranty plus the 4-year extended term.

4. Trade-in. If the Quote contains a discount on CEW -related line items, including items related to OSP, then that discount may only be applied as a trade-in credit, and Agency must return used hardware and accessories associated with the discount (“Trade-In Units”) to Axon. Agency must ship batteries via ground shipping. Axon will pay shipping costs of the return. If Axon does not receive Trade-In Units within the timeframe below, Axon will invoice Agency the value of the trade-in credit. Agency may not destroy Trade-In Units and receive a trade-in credit.

Agency Size Days to Return from Start Date of TASER 7 Subscription Less than 100 officers 30 days
100 to 499 officers 90 days
500+ officers 180 days

5. TASER 7 Subscription Term . The TASER 7 Subscription Term for a standalone TASER 7 purchase begins on shipment of the TASER 7 hardware. The TASER 7 Subscription Term for OSP 7 begins on the OSP 7 Start date.

6. Access Rights. Upon Axon granting Agency a TASER 7 Axon Evidence subscription, Agency may access and use Axon Evidence for the storage and management of data from TASER 7 CEW devices during the TASER 7 Subscription Term. Agency may not exceed the number of end users than the Quote specifies.

7. Privacy. Axon will not disclose Agency Content or any information about Agency except as compelled by a court or administrative body or required by any law or regulation. Axon will give notice if any disclosure request is received for Agency Content, so Agency may file an objection with the court or administrative body.

8. Termination. If payment for TASER 7 is more than 30 days past due, Axon may terminate Agency’s TASER 7 plan by notifying Agency. Upon termination for any reason, then as of the date of termination:

8.1. TASER 7 extended warranties and access to Training Content will terminate. No refunds will be given.

8.2. Axon will invoice Agency the remaining MSRP for TASER 7 products received before termination. If terminating for non-appropriations, Axon will not invoice Agency if Agency returns the CEW, rechargeable battery, holster, dock, core, training suits, and unused cartridges to Axon within 30 days of the date of termination.

8.3. Agency will be responsible for payment of any missed payments due to the termination befor e being allowed to purchase any future TASER 7 plan.

75 Item # C8.

1. Axon Respond Subscription Term . If Agency purchases Axon Respond as part of a bundled offering, the Axon Respond subscription begins on the later of the (1) start date of that bundled offering, or (2) date Axon provisions Axon Respond to Agency. If Agency purchases Axon Respond as a stan dalone, the Axon Respond subscription begins the later of the (1) date Axon provisions Axon Respond to Agency, or (2) first day of the month following the Effective Date. The Axon Respond subscription term will end upon the completion of the Axon Evidence Subscription associated with Axon Respond.

2. Scope of Axon Respond. The scope of Axon Respond is to assist Agency with real-time situational awareness during critical incidents to improve officer safety, effectiveness, and awareness. In the event Agency uses Axon Respond outside this scope, Axon may initiate good-faith discussions with Agency on upgrading Agency’s Axon Respond to better meet Agency’s needs.

3. Axon Body 3 LTE Requirements. Axon Respond is only available and usable with an LTE enabled body-worn camera. Axon is not liable if Agency utilizes the LTE device outside of the coverage area or if the LTE carrier is unavailable. LTE coverage is only available in the United States, including any U.S. territories. Axon may utilize a carrier of Axon’s choice to provide LTE service. Axon may change LTE carriers during the Term without Agency’s consent.

4. Axon Fleet 3 LTE Requirements. Axon Respond is only available and usable with a Fleet 3 system configured with LTE modem and service. Agency is responsible for providing LTE service for the modem. Coverage and availability of LTE service is subject to Agency’s LTE carrier.

5. Axon Respond Service Limitations . Agency acknowledges that LTE service is made available only within the operating range of the networks. Service may be temporarily refused, interrupted, or limited because of: (a) facilities limitations; (b) transmission limitations caused by atmospheric, terrain, other natural or artificial conditions adversely affecting transmission, weak batteries, system overcapacity, movement outside a service area or gaps in coverage in a service area and other causes reasonably outside of the carrier’s control such as intentional or negligent acts of third parties that damage or impair the network or disrupt service; or ( c) equipment modifications, upgrades, relocations, repairs, and other similar activities necessary for the proper or improved operation of service.

5.1. With re gard to Axon Body 3, Partner networks are made available as -is and the carrier makes no warranties or representations as to the availability or quality of roaming service provided by carrier partners, and the carrier will not be liable in any capacity for any errors, outages, or failures of carrier partner networks. Agency expressly understands and agrees that it has no contractual relationship whatsoever with the underlying wireless service provider or its affiliates or contractors and Agency is not a third-party beneficiary of any agreement between Axon and the underlying carrier.

6. Termination. Upon termination of this Agreement, or if Agency stops paying for Axon Respond or bundles that include Axon Respond, Axon will end Axon Respond services, including any Axon-provided LTE service.

76 Item # C8.

Compliance with Wage and Hour Laws: Contractor, and any subcontractor it employs to complete work under this Agreement, shall comply with all applicable federal, state and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code and the Milpitas Minimum Wage Ordinance.

Final Judgments, Decisions, and Orders: For purposes of this Section, a "final judgment, decision, or order" refers to one for which all appeals have been exhausted or the time period to appeal has expired. Relevant investigatory government agencies include: the United States Department of Labor, the California Division of Labor Standards Enforcement, the City of Milpitas , or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.

Prior Judgments against Contractor and /or its Subcontractors: BY SIGNING THIS AGREEMENT, CONTRACTOR

AFFIRMS THAT IT HAS DISCLOSED ANY FINAL JUDGMENTS, DECISIONS OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY, FINDING IN THE FIVE (5) YEARS PRIOR TO EXECUTING THIS

AGREEMENT THAT CONTRACTOR OR ITS
SUBCONTRACTORS(S) HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS.

CONTRACTOR FURTHER AFFIRMS THAT IT OR ITS SUBCONTRACTOR ) HAS EITHER FULLY SATISFIED EACH

JUDGMENT, DECISION OR ORDER, OR, IF ANY JUDGMENT, DECISION OR ORDER HAS NOT BEEN FULLY SATISFIED,

CONTRACTOR AFFIRMS THAT IT OR ITS SUBCONTRACTOR ) IS CURRENTLY SATISFYING SAID JUDGMENT,

DECISION OR ORDER THROUGH A PAYMENT OR ALTERNATIVE PLAN APPROVED BY THE APPLICABLE

COURT/GOVERNMENT AGENCY AND THAT CONTRACTOR OR ITS SUBCONTRACTOR (S) ARE IN COMPLIANCE WITH SAID PLAN AS OF THE DATE OF EXECUTING THIS AGREEMENT.

Judgments or Decisions During Term of Contract: If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision or order finding that Contractor or a subcontractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or Contractor learns of such a judgment, decision, or order that was not previously disclosed in its bid/proposal, Contractor shall inform the City no more fifteen (15)calendar days after the judgment, decision or order becomes final or from the date of learning of the final judgment, decision or order.

Contractor or its subcontractor(s) shall, within thirty (30) calendar days after notifying the City, either (i) fully satisfy any such judgment, decision, or order and provide the City with documentary evidence of satisfying said judgment, decision or order; or (ii) provide the City documentary evidence of a payment or other alternative plan approved by the court/government agency to satisfy the judgment, decision or order. If the Contractor or its subcontractor is subject to a payment or other alternative plan, the Contractor or its subcontractor shall continue to submit documentary evidence every thirty (30) calendar days during the Term of the Contract demonstrating continued compliance with the plan until the judgment, decision or order has been fully satisfied.

Material Breach: Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law.

Notice to City Related to Wage Theft Prevention: Notice provided to the City shall be addressed to: Attention:
77 Item # C8.

Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement for Agency Department: Legal
Version: 14.0
Release Date: 3/10/2022 Page 14 of 20
Finance Director, 455 E. Calaveras Blvd. Milpitas, CA 95035. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section.

78 Item # C8.

Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement for Agency Department: Legal
Version: 14.0
Release Date: 3/10/2022 Page 15 of 20

INSURANCE REQUIREMENTS EXHIBIT

Please refer to the insurance requirements listed below. Those that have an “X” indicated in the space before the requirement apply to Contractor’s or Consultant’s Agreement.

Contractor or Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor or Consultant, its agents, representatives, employees or subcontractors.

Contractor or Consultant shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements.

Contractor or C onsultant shall furnish City with copies of original endorsements affecting coverage required by this Exhibit . The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right to require Contractor’s or Consultant’s insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

Commercial General Liability (CGL):

___ Coverage at least as broad as Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injur y and personal and advertising injury with limits no less than $2,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

_X__ Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $1,000,000.00 per occurrence. I f a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

___ Coverage at least as broad as ISO Form CG 00 01 cove ring CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $5,000,000.00 per occurrence. If a general aggregate limit applies, either the gene ral aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

Automobile Liability:

__X_ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto ), of if Contractor or Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limits no less than $1,000,000.00 combined single limit for bodily injury and property damage.

___ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), with limits no less than $5,000,000.00 combined single liit for bodily injury and property damage.

___ Garage keepers’ extra liability endorsement to extend coverage to all vehicles in the care, custody 79 Item # C8.

Professional Liability (Errors and Omissions):

___ Insurance appropriates to the Contractor or Consultant’s profession, with limit no less than $1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate.

___ (If Design/Build), with limits no less than $1,000,000.00 per occurrence or claim, and $2,000,000.00 policy aggregate.

___ Insurance appropriates to the Contractor or Consultant’s profession, with limit no less than ______ per occurrence or claim, ______ aggregate

Workers’ Compensation Insurance:

_X__ Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease. (Not required if Contractor or Consultant provides written verification it has no employees)

The Employer’s Liability policy shall be endorsed to waive any right of subrogation as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees.

Builder’s Risk (Course of Construction):

___ Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. If the project does not involve new or major reconstruction, at the option of the City, an Installation Floater ma y be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site.

Contractor’s or Consultant’s Pollution Legal Liability:

___ Contractor’s or Consultant’s pollution legal liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less th an $1,000,000.00 per occurrence or claim and $2,000,000.00 policy aggregate.

If the Contractor or Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by t he Contractor or Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Cyber Liability Insurance

_X__ Cyber Liability Insurance with limits not less than $1,000,000 per claim.

Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by 80 Item # C8.

Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement for Agency Department: Legal
Version: 14.0
Release Date: 3/10/2022 Page 17 of 20
Contractor or Consultant in this A greement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion, and netwo rk security.

The policy shall provide coverage for breach response costs as well as regulatory fines and penalties, and credit monitoring expenses with limits sufficient to respond to these obligations.

Surety Bonds:

Contractor shall provide the following Surety Bonds:

____ Bid Bond
____ Performance Bond
____ Payment Bond

The Payment Bond and Performance Bond shall be in a sum equal to the contract price. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

Other Insurance Provisions:

The insurance policies are to contain, or be endorsed to contain the following provisions:

_X__ Additional Insured Status and Primary/Non-Contributory Language:

Contractor’s general liability and automobile liability policies shall be primary and shall not seek contribution from the City’s coverage and be endorsed to add the City and its elected and appointed officials, officers, attorneys, agents, employees and volunteers as additional insureds under such policies using Insurance Services Office form CG 20 10 (or equivalent) on the general liability policy . For construction projects, an endorsement providing completed operations coverage for the additional insured on the general liability policy, ISO form CG 20 37 (or equivalent), is also required.

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

___ Loss Payee Status – Builder’s Risk/Course of Construction Insurance (applicable to Construction Contracts only)

Contractor or Consultant may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.

_X__ Notice of Cancellation, Suspension or Otherwise Voiding Policies:

Each insurance policy required above shall contain or be endorsed to contain that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except with thirty (30) days’ prior written notice by certified mail, return receipt requested to the City. 81 Item # C8.

Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement for Agency Department: Legal
Version: 14.0
Release Date: 3/10/2022 Page 18 of 20

_X__ Waiver of Subrogation:

Contractor or Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor or Consultant may acquire against the City by virtue of the payme nt of any loss under such insurance. Contractor or Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation Policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Contractor or Consultant, its employees, agents and subcontractors.

___ Completed Operations

For Construction Agreements, Contractor shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following the completion of this project. In the event Contractor fails to obtain or maintain completed operations coverage as required by this Agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by Contractor.

THE FOLLOWING PROVISIONS APPLY TO ALL AGREEMENTS

Deductibles and Self-Insured Retentions (“SIR”):

Any deductibles or self -insured retentions must be declared to and approved by City. The City may require the Contractor or Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees; or (2) the Contractor or Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

All SIRs must be disclosed to Risk Management for approval and shall not reduce the limits of liability.

Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the City.

City reserves the right to obtain a full -certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Acceptability of Insurers:

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A -:VII, unless otherwise acceptable to City.

Claims Made Policies: (note - should be applicable only to professional liability, see below)

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
82 Item # C8.

Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement for Agency Department: Legal
Version: 14.0
Release Date: 3/10/2022 Page 19 of 20

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

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

4. A copy of the claims reporting requirements must be submitted to the City for review.

5. If the services involve lead -based paint or asbestos identification /remediation, the Contractor’s Pollution Liability Policy shall not contain lead -based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability Policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Subcontractors:

Contractor or Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensu re that City is an additional insured on insurance required from subcontractors.

Subcontractor agrees to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under this Agreement and any other contract d ocuments. Subcontractor further agrees to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any sub-subcontractor to the extent they apply to the scope of the sub-subcontractor’s work. A copy of the City indemnity and insurance provisions will be furnished to the subcontractor upon request.

Verification of Coverage:

Contractor or Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the a pplicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor or Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Special Risks or Circumstances

City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.

Failure to Comply:

Each insurance policy required above shall contain or be endorsed to contain that any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected and appointed officials, officers, attorneys, agents, and employees.

Applicability of Coverage:
83 Item # C8.

Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement for Agency Department: Legal
Version: 14.0
Release Date: 3/10/2022 Page 20 of 20

Each insurance policy required above shall contain or be endorsed to contain that the Contractor’s or Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

84 Item # C8.

V.011322

CITY OF MILPITAS

SOLE SOURCE OR

SOLE BRAND (STANDARDIZATION) REQUEST

THIS FORM MUST BE COMPLETED AND APPROVED

PRIOR TO ANY PROCUREMENT
_________________________________________________________________________ When a request is made for a sole source procurement or to restrict procurement to a specific brand (standardization) for the acquisition of supplies, equipment and materials or services (except for consultant services or contracts with other governmental agencies), as applicable, the requesting department must complete this form consistent with Section I-2-3.06 - Sole Source Procurement or Section I-2-3.14 - Standardization.

Per the aforementioned Municipal Code section, a sole source contract is authorized when the Purchasing Agent determines in writing, after conducting a good faith review of available sources, that only one viable source exists for the required supplies, material, equipment, or general service, or that there is a compelling reason for using only one source. The detailed information you are providing will facilitate such a determination.

Per the aforementioned Municipal Code section, a standardization of supplies, materials or equipment, including information and communication technology products and services and subsequent sole brand procurement is authorized, when the Purchasing Agent has determined that it is required for the health, safety or welfare of the people or employees of the City, or that cost savings have been demonstrated. Among the fact ors that may be considered in determining to standardize on a single brand or trade name are that:
a) In order to acquire a specific product(s) for the purpose of conducting a field test or experiment to determine the product's suitability for use by the City. b) When it is required for proper operation or function to match other products with respect to the repair or expansion or completion of a system or program already in use by the City, including, but not limited to, technology purchases required to achieve interoperability with existing hardware, software, systems or programs. c) In order to achieve significant cost savings based upon consideration of the following cost factors: (1) Timeliness and quality of installation, repair and maintenance; (2) Quality of user training; (3) Supplies and replacement parts; (4) Modification of existing equipment, materials or systems; (5) Future upgrades and updates; (6) Estimated amount and cost of reasonably foreseeable future purchases of equipment that would be required to be compatible or functional with the product which is the subject of the standardization determination; and/or (7) Administrative costs. 85 Item # C8.

V.011322

This form is not necessary for contracting for professional services or contracting with other governmental agencies.

Please answer in the space provided, or in an attachment address by specific reference, each question listed below in your justification. Be sure to answer each part of each question as each must be addressed; no response can be not applicable. Failure to respond fully to any of the questions may result in delay or rejection of the request due to inadequate justification. If additional information is necessary, please attach additional page(s) and/or documents, as needed.

1. This is a request for a (circle one) Sole Source Sole Brand exception.

2. Using appropriate detail, including brand name and model number, briefly describe the product you wish to procure. In the case of a general service use enough detail to clearly describe to someone not familiar with your department’s operation what you are procuring.

If it is your assertion that the manufacturer or distributor is the only authorized source in the Bay Area, Northern California; or whatever the claim is; please substantiate that with a letter from the manufacturer or distributor. The letter must be on their stationary but can be sent via email. Attach a copy to this form.

This is a request to enter into a 5 -year contract with Axon Enterprise, Inc. for “Officer Safety Plan 7” which includes: TASER 7 energy weapons; Axon Body 3 Video Cameras (body worn cameras) and docks ; and Axon Evidence Data Management System (Evidence.com) licenses and storage. Detailed quotation is attached.

3. Please provide the total not-to-exceed amount of the purchase and/or agreement/contract as well as the requested term. (if buying software, the City’s standard term is five years) Total Cost: $ 913,178.60 Term: 5-years
Detailed cost breakdown explanation per year:

Year 1: $182,635.40
Year 2: $182,635.80
Year 3: $182,635.80
Year 4: $182,635.80
Year 5: $182,635.80

4. For goods: What are the unique performance features of the product/brand requested that are not available in any other product/brand? For services: What unique qualifications, rights, degrees, certifications, licenses and/or experience does this vendor possess? 86 Item # C8.

V.011322

Axon Enterprise, Inc. is the sole manufacturer and distributor of the goods and services in the Officer Safety Plan 7. Unique features of the Axon Body 3 Video Camera include high video quality; streaming audio and video capability; end -to-end encryption; 12-hour battery; 120-second buffering period. In addition, the body worn cameras and TASER 7 function together with the Axon Evidence.com data management system, and all these products/services are fully integrated into the Police Department’s operations.

5. What other products/services have been examined and rejected, and why? (Please provide a specific meaningful explanation, one vendor and one feature at a time. For products be sure to clearly identify the product by name and model number and include the name, address, email, and telephone number of the company representative whose product you tested.)

Between 2015 and 2016, the Police Dep artment conducted testing and evaluation of the following alternate products: WatchGuard Vista, VieVu LE4, Coban Echo, Reveal ES2-X2L, and MobileView. However, Axon products were rated highest. In addition, none of these products were found to have single vendor and integrated data management system for both the body worn cameras and tasers.

6. If justification is based on matching and/or intermixing with existing equipment (standardization or sole brand only – (sole brand may only be used by authority of the City Council)), list the quantity, manufacturer, brand, and model of the existing equipment, and identify measurable cost savings consistent with the sole brand requirements identified on page one of the request form (attach calculations as necessary).

I HEREBY CERTIFY THAT:

1. I have read and understand the City's requirements for competitive bidding, as well as the criteria for justification for sole source and sole brand procurements.

2. I have gathered the required technical information and have made a concentrated effort to review comparable and/or equal equipment/service.

3. There is validity as to the information contained herein justifying my request for sole source or sole brand procurement and meeting the City's criteria.

4. A sole source or sole brand procurement in this case would withstand a possible audit or a vendor's protest.

Requestor: Lisa Beaulieu _______________________________ Date: 4/21/2022 Department Head: ____________________________________ Date:
87 Item # C8.

V.011322

PURCHASING DIVISION USE ONLY:

APPROVED: Yes No
Purchasing Agent: __________________________________ Date:

Purchasing Agent’s Written Determination:
88 Item # C8.

V.011322

SOLE SOURCE OR SOLE BRAND REQUEST
A. OVERVIEW
Purchasing recognizes that departments often invest a great deal of time and effort in selecting a source or brand, prior to submitting a requisition to Purchasing. Even though the departmental review process prior to the submittal of a requisition may be sound, it is highly recommended to quickly engage with Purchasing as soon and early in the process as possible to ensure all documentation and justifications for the request are consistent with the Municipal Code.

Likewise, Purchasing can be an effective partner in a competitive review process given adequate time and involvement in your requirement definition.

In an effort to expedite sole source or sole brand requisitions through Purchasing, you are directed to review the Sole Source or Sole Brand Request form herein. If the Department feels the request meets the criteria, follow the instructions in filling out t he form and attach it to the requisition. After review, if Purchasing concurs with your sole source or sole brand justification, the requisition may be expedited without the competitive solicitation requirements.

This is an internal City review process. D epartments are directed to use discretion in their discussion with vendors so as to not compromise any competitive advantage that Purchasing may utilize; in the event the sole source or sole brand justification is rejected. Rather than merely a shift of th e review burden, this process acknowledges the significant effort a department may undertake when identifying a vendor or brand and provides you with the method by which to make requisitioning efforts more efficient adhering to the City’s Purchasing Ordinance.

In order for Purchasing to accept a request for sole source/sole brand, the certification form referenced is made a part of the Purchasing Agent’s written determination as provided by the Municipal Code must be signed by the Department Head. The completed form will remain on file for audit purposes.

Sole Source Requests Over $100,000
Sole Source requests over $100,000 require submission of an Agenda Report Sample - Sole Source Agenda Report and approval by City Council and require submission of a resolution as in the Sample - Sole Source Resolution. If you are making a second sole source purchase, over $100,000, within the five -year life of the original sole source purchase you are still required to submit an AR to City Council , and at a minimum, the report should confirm the findings in the prior sole source resolution are still accurate and that nothing has changed in the marketplace or elsewhere. If anything has changed, then a new resolution is required. If 89 Item # C8.

V.011322

nothing has changed, then the Department can rely on the prior resolution but should include language in the AR indicating that all previous findings and conclusions are still accurate, and staff is not aware of any new information that would change those findings or conclusions in the prior sole source resolution.

B. PROCEDURE Sole source or sole brand procurements are an exception to competitive solicitation requirements and, therefore, require a detailed justification. In processing sole source or sole brand requests for supplies, equipment and/or services (except for consultant services or contracts with other governmental agencies) , Purchasing adheres to and is governed by the principles set forth in City of Milpitas Municipal Code Section I-2-3.06 - Sole Source Procurement or Section I-2-3.14 - Standardization as approved by the City Council.

If the requesting Department is requesting a particular vendor, brand or product, staff must make this fact clear on your requisition. If approved, the request will then be restrictive and non-competitive and will fall into a sole source or sole brand category.

Such a request should not be made unless Department staff is confident that the request is reasonable and appropriately justified to meet the City’s requirements and withstand any possible audit or scrutiny. The City’s requirements and the format for submitting such requests are contained herein.

The following factors DO NOT apply to sole source requests and should not be included in any sole source and/or sole brand justification request. They will not be considered and only tend to confuse the evaluation process and delay the procurement.

1. Personal preference or experience with or for a particular product or vendor.

2. Cost, vendor performance, and/or local service (these are generally considered award factors in competitive bidding).

3. Features which exceed the minimum department requirements.

4. Explanation of the need and/or basic use for the equipment, unless the information relates to a request for “unique factors” (refer to question three from the Sole Source/Sole Brand Request form). In other words, it is not appropriate to only state the Department is requesting a specific tree trimmer so staff can trim trees, instead explain why this particular trimmer with these exact performance specifications is the only one that will meet the Department’s need(s).

5. A request for “no substitution” submitted without justification. This is just a sole source or sole brand request without justification and will be rejected 90 Item # C8.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Approve and Authorize the City Manager to Execute a Professional Services Agreement with Silicon Valley Independent Living Center for the Management of the Santa Clara County Emergency Food and Shelter Program (EFSP) Grant for the Rent Relief Program and Utility Assistance (Staff Contact: Sharon Goei, Building Safety and Housing Director, 408-586-3260)
Category: Consent Calendar-Community Development
Meeting Date: 6/7/2022
Recommendation: Approve and authorize the City Manager to execute a Professional Services Agreement with Silicon Valley Independent Living Center for the management of the Santa Clara County Emergency Food and Shelter Program (EFSP) grant for the Rent Relief Program and utility assistance.

Background:

The Santa Clara County Emergency Food and Shelter Program (EFSP) is a federal grant opportunity that is administered by the United Way Bay Area’s Safety Net Services. In response to the COVID-19 pandemic and the resulting economic emergency, the federal government allocated additional funding. For the current funding phase (Phase 39), the Santa Clara County EFSP Local Board has received a total of $2.9 million.

In 2020, the City submitted an application and received a grant award of $70,000 for the Rent Relief Program under Phase 37. This was the first competitive grant award secured for the City’s Rent Relief Program, signaling that the City has developed a strong program worthy of additional competitive grants.

Under Phase 38 in 2021, the City submitted an application and received a grant award of $50,000 for the Rent Relief Program. These funds were allocated to Silicon Valley Independent Living Center as the City’s administrator for the program. This was the second competitive grant award received from EFSP.

Under the current Phase 39 EFSP, the City submitted an application and received a grant award of $95,927 for the Rent Relief Program and utility assistance. The grant was highly competitive this year. Although EFSP had more funding, they received many more applications. The grant award of $95,927 will be allocated to Silicon Valley Independent Living Center as the City’s fiscal administrator. To date, the City has been awarded $215,927 from the EFSP program.

Grant awards from the Santa Clara County Emergency Food and Shelter Program are designed to address emergency needs and to supplement and extend current resources of social safety net programs. Under the program criteria, the funds may only be used to provide assistance to residents. There is no administrative allowance for the grant.

Analysis:

Since there is no administrative allowance for the EFSP funds, the City needs to provide funding for the administration of the grant award. An administration fee of $17,267 has been proposed by Silicon Valley Independent Living Center, representing an administrative fee of 18%. This figure is consistent with the average administrative fee for the administration of the Rent Relief Program and prior EFSP grants. Staff believes the amount is reasonable to provide the necessary services.

91 Item # C9.

There is sufficient funding in the Housing Authority Fund for the $17,267 amount to administer the grant award.

The $95,927 grant award itself will be allocated from EFSP to Silicon Valley Independent Living Center to provide direct emergency rent relief and utility assistance.

Fiscal Impact:

There is sufficient funding in the Housing Authority Fund for $17,267 in funding for Silicon Valley Independent Living Center to administer the Santa Clara County EFSP grant.

California Environmental Quality Act:

The action being considered has no potential for causing a significant effect on the environment and is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).

Recommendation:

Approve and authorize the City Manager to execute a Professional Services Agreement with Silicon Valley Independent Living Center for the management of the Santa Clara County Emergency Food and Shelter Program (EFSP) grant for the Rent Relief Program and utilize assistance.

Attachment:

1. Professional Services Agreement with Silicon Valley Independent Living Center 92 Item # C9.

1 CITY OF MILPITAS

PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MILPITAS

AND SILICON VALLEY INDEPENDENT LIVING CENTER (SVILC)

This Agreement is made and entered into as of June 7, 2022 (“Effective Date”) by and between the City of Milpitas, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 455 E. Calaveras Boulevard, Milpitas, California 95035 (“City”), and Silicon Valley Independent Living Center (SVILC) a non -profit organization with its principal place of business at 25 N. 14th St. Suite #1000, San Jose, CA 95112 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

SVILC will assume the role as fiscal sponsor for the City’s $95,927 Rent Relief Program and Utility Assistance grant award, which is to be used to further the City’s Rent Relief Program (hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Servi ces attached hereto as Exhibit A.

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit B.
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $17,267 (Seventeen Thousand Two Hundred and Sixty -Seven Dollars). This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within thirty (30) days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be pro cessed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated ch anges 93 Item # C9.

2 in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the Agreement term and for four (4) years from the date of final payment under the Agreement for inspection by City.

5. Term
The term of this Agreement shall be from June 7, 2022, to June 30, 2023, unless earlier terminated as provided herein. The City reserves the right to review the Consultant’s performance at the end of each year and cancel all or part of the Agreement.

6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing party.

For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. b. Should such circumstances occur, the non -performing party shall, within a reasonable time of being prevented from performing, giv e written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, cod es and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall cons titute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all 94 Item # C9.

3 provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. Independent Consultant
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under Exhibit D (Insurance Requirements), attached hereto and incorporated herein by this refe rence. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required therein.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and oth er related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obli gation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liab ility for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is One Thousand Dollars and Zero Cents ($1,000.00) or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and 95 Item # C9.

4 debarment of contractors and subcontr actors (Labor Code Section 1777.1) . The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Depar tment of Industrial Relations.

Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the con tractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requireme nts. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such st op orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

15. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Santa Clara, State of California.

16. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice t o Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work com pleted and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
96 Item # C9.

5 b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. c. The C onsultant understands and accepts that at all times; the Agreement is subject to appropriation of funds by the Milpitas City Council. The Agreement may terminate without penalty, liability or expense of any kind to the City at the end of Agreement term. The City has no obligation to make appropriations for the Agreement in lieu of appropriations for new or other contracts. City budget decisions are subject to the discretion of the Mayor and City Council. Consultant’s assumption of risk of possible non-appropriation is a part of the c onsideration for the Agreement. This section controls against any and all other provisions of the Agreement.

17. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services describ ed in this Agreement, be furnished to and become the property of the City.

18. Organization
Consultant shall assign Sheri Burns as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

19. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

20. Notice

Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY:

City of Milpitas
Attn: Sharon Goei , Building Safety & Housing
Director
455 E. Calaveras Boulevard
Milpitas, California 95035

CONSULTANT:

Silicon Valley Independent Living Center (SVILC)
Attn: Sheri Burns, Executive Director
25 N. 14th St. Suite #1000
San Jose, CA 95112
and shall be effective upon receipt thereof.

21. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

22. Equal Opportunity Employment.
97 Item # C9.

6 Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non -discrimination shall include, but not be limited to, all activities related to initial empl oyment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

23. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to th ose matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

24. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.

25. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successor s in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

26. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

27. Time of Essence
Time is of the essence for each and every provision of this Agreement.

28. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

29. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the awar d or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service 98 Item # C9.

7 with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

30. Wage Theft Prevention
a. Consultant, and any subconsultant it employs to complete work under this Agreement, shall comply with all applicable federal, state and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code and the Milpitas Minimum Wage Ordinance.
b. BY SIGNING THIS AGREEMENT, CONSULTANT AFFIRMS THAT IT HAS

DISCLOSED ANY FINAL JUDGMENTS, DECISIONS OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY, FINDING IN THE FIVE (5) YEARS PRIOR TO

EXECUTING THIS AGREEMENT THAT CONSULTANT OR ITS SUBCONSULTANTS HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. CONSULTANT FURTHER AFFIRMS

THAT IT OR ITS SUBCONSULTANT(S) HAS EITHER FULLY SATISFIED EACH JUDGMENT,

DECISION OR ORDER, OR, IF ANY JUDGMENT, DECISION OR ORDER HAS NOT BEEN FULLY

SATISFIED, CONSULTANT AFFIRMS THAT IT OR ITS SUBCONSULTANT(S) IS CURRENTLY

SATISFYING SAID JUDGMENT, DECISION OR ORDER THROUGH A PAYMENT OR

ALTERNATIVE PLAN APPROVED BY THE APPLICABLE COURT/GOVERNMENT AGENCY

AND THAT CONSULTANT OR ITS SUBCONSULTANT(S) ARE IN COMPLIANCE WITH SAID PLAN AS OF THE DATE OF EXECUTING THIS AGREEMENT.
c. If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision or order finding that Consultant or a subconsultant it employs to perform work under this Agreement has violated a ny applicable wage and hour law, or Consultant learns of such a judgment, decision, or order that was not previously disclosed in its bid/proposal, Consultant shall inform the City no more than fifteen (15) calendar days after the judgment, decision or ord er becomes final or from the date of learning of the final judgment, decision or order.

Consultant or its subconsultant(s) shall, within thirty (30) calendar days after notifying the City, either (i) fully satisfy any such judgment, decision, or order and provide the City with documentary evidence of satisfying said judgment, decision or order; or (ii) provide the City documentary evidence of a payment or other alternative plan approved by the court/government agency to satisfy the judgment, decision or order.

If the Consultant or its subconsultant is subject to a payment or other alternative plan, the Consultant or its subconsultant shall continue to submit documentary evidence every thirty (30) calendar days during the term of the Agreement demonstrating continued compliance with the plan until the judgment, decision or order has been fully satisfied.
d. For purposes of this Section, a "final judgment, decision, or order" refers to one for which all appeals have been exhausted or the time period to appeal has expired. Relevant investigatory government agencies include: the United States Department of Labor, the California Division of Labor Standards Enforcement, the City, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.
e. Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law.
f. Notice provided to the City shall be addressed to: Attention: Finance Director, 455 E. Calaveras Blvd. Milpitas, CA 95035. The Notice provisions of this Section are separate from any other 99 Item # C9.

8 notice provisions in this Agreement and, a ccordingly, only notice provided to the above address satisfies the notice requirements in this Section.
[SIGNATURES ON FOLLOWING PAGE]
100
Item # C9.

9 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF MILPITAS

AND SILICON VALLEY INDEPENDENT LIVING CENTER

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF MILPITAS
Approved By:

Steven G. McHarris, City Manager

Date

Approved As To Form:

Michael Mutalipassi, City Attorney

Approved:

Lauren Lai, CPA, MPA
Risk Manager/Director of Finance

Approved As To Content:

Sharon Goei
Director of Building Safety & Housing

SILICON VALLEY INDEPENDENT

LIVING CENTER

Signature

Name

Title

Date

DIR Registration Number (If Applicable)

101
Item # C9.

10 EXHIBIT A
Scope of Services

PURPOSE:

Silicon Valley Independent Living Center (SVILC) is a non-profit, non-residential organization which serves all people with all types of disabilities, including seniors with disabling conditions, who live in Santa Clara County. SVILC provides residents with support tools and resources needed to live interdependently, and advocates for policies that ensure equal access and opportunity for all. SVILC is a peer-driven agency run by and for people with disabilities.

Rent Relief Program and Utility Assistance:

The City received an Emergency Food and Shelter Program (EFSP) grant award of $95,927 for the Rent Relief Program and Utility Assistance. These funds will be allocated to Silicon Valley Independent Living Center as the City’s operator for the program to further address the short-term needs of tenants at risk of being displaced by rent increases, emergency situations, and other market forces. These funds do not provide an administrative allowance, therefore, an additional $17,267 is being allocated from the Housing Authority Fund for SVILC to administer the program.

SCOPE:
i. Administer the day-to-day tasks of the rent relief program and utility assistance. ii. Receive referrals, schedule and administer intake documentation, and provide guidance to services through the process
iii. Disburse assistance to Eligible Recipients in accordance with the application procedures set forth below. SVILC must use the EFSP Rental Verification Form with all landlords iv. Maintain a detailed database for the following information:
a) All contacts made by Milpitas residents
b) Caller demographics
c) Specific reason for requesting assistance
d) Actions taken by SVILC
e) Choices made by each party
f) Final outcome
v. Documentation will be managed in case files
vi. Provide the City with monthly reports, which shall include total amounts of relief disbursed to date

102
Item # C9.

11 EXHIBIT B
Schedule of Charges/Payments

A. METHOD OF PAYMENT
CITY shall pay CONSULTANT for costs and expenses incurred in administering the Project commencing June 7, 2022, and ending June 30, 2023, not to exceed the total sum of $17,267.

B. ELIGIBLE ITEMS FOR PAYMENT SHALL INCLUDE:

Items eligible for payment shall include costs associated with performing the tasks identified in Exhibit A including, but not limited to: Salaries and fringe benefits for program staff, provided, however, that administrative costs of the Program, including but not limited to such salaries and fringe benefits, shall be limited to $17,267 (the “Administrative Cap”). The remainder of the amount disbursed to Consultant shall be provided to Eligible Recipients as described in Exhibit A, in the forms of the Available Assistance, also as described in Exhibit A. In the event the Administrative Cap is reached, the City reserves the right in its sole discretion, to approve expenditures in writing that exceed the Administrative Cap.

C. DISALLOWED COSTS

CONSULTANT is liable for repayment of disallowed costs. Disallowed costs may be identified through audits, monitoring or other sources. CONSULTANT shall be afforded the opportunity to respond to any adverse findings, which may lead to disallowed costs. The CITY contracting officer shall make the final determination of disallowed costs, subject to provisions of 2 CFR Part 200 (Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards).

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12 EXHIBIT C
Activity Schedule

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13 EXHIBIT D

INSURANCE REQUIREMENTS

Please refer to the insurance requirements listed below. Those that have an “X” indicated in the space before the requirement apply to Contractor’s or Consultant’s Agreement.

Contractor or Consultant shall furnish City with copies of original endorsements affecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right to require Contractor’s or Consultant’s insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

Commercial General Liability (CGL):

___ Coverage at least as broad as Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $2 ,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

_X__ Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $1,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

___ Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $5,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

Automobile Liability:

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14 ___ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), of if Contractor or Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limits no less than $1,000,000.00 combined single limit for bodily injury and property damage.

___ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), with limits no less than $5,000,000.00 combined single liit for bodily injury and property damage.

___ Garage keepers’ extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the Contractor or Consultant, regardless of where the vehicles are kept or driven.

Professional Liability (Errors and Omissions):

____ Insurance appropriates to the Contractor or Consultant’s profession, with limit no less than $1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate.

____ (If Design/Build), with limits no less than $1,000,000.00 per occurrence or claim, and $2,000,000.00 policy aggregate.

___ Insurance appropriates to the Contractor or Consultant’s profession, with limit no less than ______ per occurrence or claim, ______ aggregate

Workers’ Compensation Insurance:

_X__ Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease. (Not re quired if Contractor or Consultant provides written verification it has no employees)

The Employer’s Liability policy shall be endorsed to waive any right of subrogation as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees.

Builder’s Risk (Course of Construction):

___ Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. If the project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during t he performance of the Work, including during transit, installation, and testing at the City’s site.

Contractor’s or Consultant’s Pollution Legal Liability:

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15 ___ Contractor’s or Consultant’s pollution legal liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000.00 per occurrence or claim and $2,000,000.00 policy aggregate.

If the Contractor or Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor or Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Cyber Liability Insurance

___ Cyber Liability Insurance with limits not less than $1,000,000 per claim.

Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor or Consultant in this Agreement and shall inc lude, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic i nformation, release of private information, alteration of electronic information, extortion, and network security.

The policy shall provide coverage for breach response costs as well as regulatory fines and penalties, and credit monitoring expenses with limits sufficient to respond to these obligations.

Surety Bonds:

Contractor shall provide the following Surety Bonds:

____ Bid Bond
____ Performance Bond
____ Payment Bond

The Payment Bond and Performance Bond shall be in a sum equal to the contract pr ice. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

Other Insurance Provisions:

The insurance policies are to contain, or be endorsed to contain the following provisions:

_X__ Additional Insured Status and Primary/Non-Contributory Language:

Contractor’s general liability and automobile liability policies shall be primary and shall not seek contribution from the City’s coverage and be endorsed to add the City and its elected and appointed officials, officers, attorneys, agents employees and volunteers as additional insureds under such policies using Insurance Services Office form CG 20 10 (or equivalent) on the g eneral liability policy. For construction projects, an endorsement providing completed operations coverage for 107
Item # C9.

16 the additional insured on the general liability policy, ISO form CG 20 37 (or equivalent), is also required.

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

___ Loss Payee Status – Builder’s Risk/Course of Construction Insurance (applicable to Construction Contracts only)

___ Notice of Cancellation, Suspension or Otherwise Voiding Policies:

__X_ Waiver of Subrogation:

Contractor or Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor or Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Contractor or Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not t he City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation Policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Contractor or Consultant, its employees, agents and subcontractors.

___ Completed Operations

For Construction Agreements, Contractor shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following the completi on of this project. In the event Contractor fails to obtain or maintain completed operations coverage as required by this Agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by Contractor.

THE FOLLOWING PROVISIONS APPLY TO ALL AGREEMENTS

Deductibles and Self-Insured Retentions (“SIR”):

17 or provide proof of ability to pay losses and related investiga tions, claim administration, and defense expenses within the retention. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees; or (2) the Contractor or Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

All SIRs must be disclosed to Risk Management for approva l and shall not reduce the limits of liability.

Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the City.

City reserves the right to obtain a full -certified copy of any insurance policy and endorsements.

Failure to exercise this right shall not constitute a waiver of right to exercise later.

Acceptability of Insurers:

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A -:VII, unless otherwise acceptable to City.

Claims Made Policies: (note - should be applicable only to professional liability, see below)

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

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

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

4. A copy of the claims reporting requirements must be submitted to the City for review.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractor’s Pollution Liability Policy shall not contain lead -based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability Policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Subcontractors:

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18 Contractor or Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

Subcontractor agrees to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under this Agreement and any other contract documents.

Subcontractor further agrees to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any sub-subcontractor to the extent they apply to the scope of the sub -subcontractor’s work. A copy of the City indemnity and insurance provisions will be furnished to the subcontractor upon request.

Verification of Coverage:

Contractor or Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor or Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsem ents required by these specifications, at any time.

Special Risks or Circumstances

City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.

Failure to Comply:

Each insurance policy required above shall contain or be endo rsed to contain that any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected and appointed officials, officers, attorneys, agents, and employees.

Applicability of Coverage:

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Item # C9.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution Making Findings and Determinations Under Resolution No. 9156 and Assembly Bill 361 for the Continuation of Virtual Meetings of the City Council and Legislative Bodies (Staff Contact: Michael Mutalipassi, City Attorney, 408-586- 3040)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 6/7/2022
Recommendation: Adopt a resolution making findings and determinations under Resolution No, 9156 and Assembly Bill 361 for the continuation of virtual meetings and legislative bodies.

Background:

On March 17, 2020, in the face of the COVID -19 pandemic, Governor Gavin Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow for local legislative bodies to conduct their meetings completely telephonically or by other electronic means.

The provisions in the Brown Act that were suspended by the Governor’s Executive Order are contained at Government Code Section 54953(b)(3) and require that when teleconferencing is used, outside of a statewide emergency, that the following occur:
 An agenda is required to be posted at all locations, including any teleconference locations  Each teleconference location must be identified on the actual agenda  Each teleconference location shall be accessible to the public  A quorum of the legislative body must be in the jurisdiction With the Governor’s Executive Order, the four above requirements were suspended, allowing Councilmembers to not have to post an agenda at their teleconference location, not have to identify their location on the meeting agenda, not have to ensure public accessibility at the teleconference location, and the legislative body did not need a quorum present in the jurisdiction. As the Council is well aware, this allowed all City Council meetings and other meetings of legislative bodies of the City to be conducted by Zoom with councilmembers, commission members, committee members, and staff all joining from remote virtual locations.

The suspension of certain provisions of the Brown Act was further extended by the Governor on June 11, 2021 by the issuance of Executive Order N -08-21 which continued to allow for complete virtual meetings until September 30, 2021.

With the expiration of the Governor’s Executive Order and the uncertainty that surrounded the G overnor’s potential recall, the State Legislature also took the remote meeting issue into its own hands through the adoption of Assembly Bill 361, which is explained in more depth in the Analysis section below.

On May 17. 2022, the City Council adopted Resolution No. 9156, making findings that there is an existing State of Emergency and that state or local officials continue to recommend social distancing measures to prevent the spread of COVID -19. In particular, the r esolution included reference to Cal -OSHA regulation 3205, which 111
Item # C10.

recommends physical distancing in the workplace. By motion and majority vote, the City Council may reconfirm the findings of Resolution No. 9156 and continue to hold virtual meetings pursuant to AB 361.

Analysis:

On September 16, 2021, the Governor signed AB 361, which allows legislative bodies to meet virtually provided there is a state of emergency declared by the Governor, and either (1) state or local officials have imposed or recommended measures to promote socia l distancing; or (2) the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees. The Governor by executive order signed on September 20, 2021, suspended the effective date of AB 361 to October 1, 2021. As a result, if the City desires to have virtual meetings on or after October 1, 2021, it must do so consistent with the requirements of AB 361.

AB 361 preserves many of the provisions of the earlier executive orders , including the suspension of the four teleconferencing requirements noted above, while also adding new requirements to the management of remote and teleconference public meetings in order to better achieve the levels of transparency that the Brown Act demands. Specifically, AB 361 imposes two new rules on remote public meetings:

1. Local governments and agencies hosting teleconference meetings in lieu of traditional in -person public meetings must permit direct public comment during the teleconference and must leave open the opportunity for public comment until the comment period for a given item is closed during the ordinary course of the meeting. The opportunity to make public comment must be of a sufficient duration so as to allow actual public participation.

2. Any action by the governing body during a public teleconference meeting must occur while the agency is actively and successfully broadcasting to members of the public through a call -in option or an internet-based service option. If a technical disruption within the agency’s control prevents members of the public from either viewing the meeting of the public agency or prevents members of the public from offering public comment, the agency must cease all action on the meeting agenda until the disruption ends and the broadcast is restored. Action taken during an agency-caused disruption may be challenged as a violation of the Brown Act.

In order to continue to qualify for AB 361’s waiver of in -person meeting requirements, the City Council must, within thirty (30) days of its first meeting under AB 361, and every thirty (30) days thereafter, make findings that (a) state or local officials continue to recommend measures to promote social distancing, or that (b) an in-person meeting would constitute an imminent risk to the safety of attendees.

The above conditions continue to exist at this time, and staff recommends that the City Council by motion reconfirm the findings made in Resolution No. 9156 so that the City Council and all other subordinate legislative bodies may continue to meet virtually.

Lastly, it is important to note that AB 361 is optional. If the City Council wishes, it may meet in person. In addition, hybrid meetings are permissible.

Policy Alternatives:

Alternative 1: Do not by motion reconfirm the findings made in the resolution making findings and determinations under Assembly Bill 361 for the continuation of virtual meetings.

Pros: None
Cons: Many of the existing Commission, Committee, and Task Force meetings will not be able to meet virtually or through a hybrid format forcing all staff, commission or committee members, and the public to attend meetings in person.

Reason not recommended: The COVID-19 pandemic continues to be a global health issue and by forcing commission, committee, and task force meetings to be in person, public health may be put at risk.

Fiscal Impact:
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Item # C10.

The City Council’s reconfirmation of the findings made in the resolution to continue with virtual meetings will maintain the status quo and no financial impact is anticipated by the reconfirmation of the findings.

California Environmental Quality Act:

The City Council’s reconfirmation of the findings made in the resolution is not a project under the California Environmental Quality Act (CEQA) Guideline 15378 (b)(5) as it constitutes an organizational or administrative activity of the government that will not result in direct or indirect physical changes in the environ ment. Further, virtual meetings are likely to reduce certain impacts associated with vehicular travel related to in-person public meetings.

Recommendation:

Adopt a resolution making findings and determinations under Resolution No.9156 and Assembly Bill 361 for the continuation of virtual meetings and legislative bodies.

Attachment

1. Resolution 9156

2. Resolution Making Findings and Determinations Under AB 361 for the Continuation of Virtual Meetings 113
Item # C10.
114
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Item # C10.

RESOLUTION ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS MAKING FINDINGS AND DETERMINATIONS UNDER AB 361 FOR

THE CONTINUATION OF VIRTUAL MEETINGS

WHEREAS, the Ralph M. Brown Act (Gov. Code § 54950 et seq.) generally requires local agencies meeting via teleconference , including through other virtual or electronic means, to, among other things, provide public access at each location in which members of the legislative body are teleconferencing; and WHEREAS, the Legislature recently en acted Assembly Bill 361 (AB 361) , which amended Government Code section 54953 to allow local agencies to meet fully virtually, without fully adhering to the rules otherwise applicable to teleconferencing, during a proclaimed state of emergency if state or local officials have imposed or recommended measures to promote social distancing; and WHEREAS, the Governor issued a proclamation declaring a state of emergency on March 4, 2020 due to the COVID-19 pandemic, pursuant to section 8625 of the California Em ergency Services Act, and this proclaimed state of emergency currently remains in effect; and WHEREAS, the City Council of the City of Milpitas has considered the circumstances of the state of emergency; and
WHEREAS, state or local officials continue to recommend measures to promote social distancing to prevent the spread of COVID -19, in particular, Cal -OSHA regulation 3205 recommends physical distancing in the workplace generally and regulates a “close contact” defined as being within 6 feet of another under certain circumstances; and
WHEREAS, in order to continue to impose social distancing while holding in -person meetings there is a high likelihood that members of the public would not all be able to be present in the meetings spaces; and
WHEREAS, the continuation of virtual meetings will allow for full participation by members of the public until social distancing recommendations are no longer necessary; and WHEREAS, the City Council of the City of Milpitas desires that all City legislative bodies continue to hold virtual meetings pursuant to AB 361 and Government Code section 54953(e).

NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:

2. The City Council and all other legislative bodies of the City of Milpitas who are required to hold public meetings, shall continue to meet virtually in accordance with Government Code section 54953(e) and without compliance with section 54953(b)(3) based upon the findings and determinations hereby made by the City Council.

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Item # C10.

Resolution No. 9105
PASSED AND ADOPTED this 7th day of June 2022, by the following vote:

AYES: (0) None

NOES: (0) None

ABSENT: (0) None

ABSTAIN: (0) None

ATTEST: APPROVED:

Wendy Wood, City Clerk Rich Tran, Mayor

APPROVED AS TO FORM:

Michael Mutalipassi, City Attorney
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Item # C10.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Designate the California Live Oak as the Official City Tree (Staff Contact: Renee Lorentzen, Director of Community and Recreation Services, 408-586-3409)

Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 6/7/2022
Recommendation: Approve the designation of the California Live Oak as the City Tree.

BACKGROUND:

On February 16, 2016, the City Council designated the Jacaranda Mimosifolia tree as the Official City Tree and on May 17, 2016,the Jacaranda was designated as the City’s official tree with the following direction for staff implementation:

 There should be no requirement to plant the Jacaranda tree,

 It should be recognized on the City’s website with some information;

 It should be considered an accent tree not a street tree, and;

 It should be included in city gateway and entryway landscaping.

On May 3, 2022, City Council approved Vice Mayor Carmen Montano’s Council Referral request “Designate the California Live Oak as the City’s official tree” requiring City Council action to designate a new official City tree.

ANALYSIS:

The City Council designation of the California Live Oak as the official City tree is a statement that the tree is a symbol that represents the beauty and uniqueness of the City and it will be strategically placed throughout the City to demonstrate its beauty. The designation is made with the following direction:

 There should be no requirement to plant the California Live Oak,

 It should be recognized on the City’s website with some information;

 It should be considered an accent tree not a street tree, and;

 It should be included in City gateway and entryway landscaping, where possible.

If this action is approved by the City Council, the California Live Oak will replace the Jacaranda as the official City tree.

POLICY ALTERNATIVE(S):

Alternative 1: Do not designate the California Live Oak as the City’s official tree Pros: If City Council does not designate the California Live Oak as the City’s official tree, no additional staff time is needed to work on this project.

Cons: If City Council does not designate the California Live Oak as the City’s official tree, the Jacaranda will remain the City’s official tree. 118
Item # C11.

Reason for Not Recommending: City Council previously approved the new City tree designation.

FISCAL IMPACT:

None.

California Environmental Quality Act (CEQA):

By the definition provided in the California Environmental Quality Act (CEQA) Guidelines Section 15378, this action does not qualify as a “project” for the purpose of CEQA.

RECOMMENDATION:

Approve the designation of the California Live Oak as the City Tree.

Attachment(s):

None

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Item # C11.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Receive an Update on the Emergency Replacement of Two (2) Boilers and Install of a Temporary Heating System for the Public Works, Information Technology, and Police Department Building and Determine that the Condition Continues to Constitute an Emergency (Staff Contact: Tony Ndah, Public Works Director, 408-586- 2602)
Category: Consent Calendar-Community Services and Sustainable Infrastructure

Meeting Date: 6/7/2022
Recommendation: Receive an update on the emergency replacement of two boilers and the installation of a temporary heating system for the Public Works, Police and Information Technology Department buildings; and (2) Determine by a four-fifths vote that the condition continues to constitute an emergency.

Background:

Pursuant to Public Contract Code section 22050 and Council Resolution No. 9134, the Director of Public Works, in the case of emergency, may authorize a repair of a public facility and procure the work without giving notice for bids to let contracts. An emergency is defined as “a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.” Additionally, State law requires the Public Works Director, as the City official with delegated authority to take emergency action, to report any emergency authorization and the reason(s) for the authorization to the City Council not later than seven days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than 14 days after the action. Further, the Public Works Director is required to report why the emergency would not permit a delay resulting from a competitive solicitation for bids and the City Council is required to review the emergency action at every regularly scheduled meeting thereafter until the emergency repair is completed. The City Council shall continue to review the emergency action at every regularly scheduled meeting thereafter until the action is terminated. At each review, the City Council shall determine, by a four-fifths vote, whether there is a need to continue the action.

Consistent with applicable State law and Council Resolution, on April 1, 2022, the Public Works Director authorized the City to contract with its existing HVAC maintenance contractor, Environmental Systems Inc. (ESI), for the replacement of two (2) boilers and the installation of a temporary heating system for the Public Works, Information Technology and Police Department buildings.

At the May 17 City Council meeting, the City Council received an update regarding the emergency replacement of two (2) boilers and the installation of a temporary heating system for the Public Works, Information Technology and Police Department buildings and determined that the condition continues to constitute an emergency.

Analysis:

The install of the temporary heating system was completed on Friday, April 15, and is currently operational providing heat to the building. The two (2) new boilers were ordered and are expected to arrive in mid-June.

Staff is recommending that the City Council determine, by a four-fifths vote, that there is a need to continue the emergency action declared by the Public Works Director. Staff will return to City Council with an update at 120
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every regularly scheduled City Council meeting until the emergency action is terminated. The estimated completion date for the installation of the new boilers is mid-June 2022.

Fiscal Impact:

The estimated repair and temporary heating installation cost of $208,968 will be paid from the Unanticipated Expenditure Reserve.

California Environmental Quality Act:

The emergency repair work is exempt from CEQA, per CEQA Guidelines Section 15301, Existing Facilities and 15302, Replacement or Reconstruction.

Recommendations:

1. Receive an update on the emergency replacement of two (2) boilers and the installation of a temporary heating system for the Public Works, Police and Information Technology Department buildings.

2. Determine by a four-fifths vote that the condition continues to constitute an emergency.

Attachment:

N/A
121
Item # C12.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Award RFP No. 22-058 and Authorize the City Manager to Execute an Agreement for Abandoned Shopping Cart Retrieval Services with CityWide Cart Savers, LLC. for the Not-To-Exceed Amount of $112,500 for Fiscal Years 2022-2027 (Staff Contact: Sharon Goei, Building Safety and Housing Director, 408-586-3260, and Chris Schroeder, Purchasing Agent, 408-586-3161)
Category: Consent Calendar-Community Development
Meeting
Date:
6/7/2022
Recommendation: Award RFP No. 22 058 and authorize the City Manager to execute an agreement for Abandoned Shopping Cart Retrieval Services with CityWide Cart Savers, LLC. for the not-to-exceed amount of $112,500 for fiscal years 2022-2027.

Background:

The current shopping cart vendor for the City of Milpitas has been providing the City with shopping cart collection services since March of 2002. During this time, the City of Milpitas has conducted five Requests for Proposals (RFPs) for shopping cart services, most recently in 2012 and 2017.

These services provide the retrieval of shopping carts left abandoned throughout the City. Carts that belong to participating stores are counted and returned to the participating stores. The City then invoices the stores for collecting and returning the abandoned shopping carts. Carts that belong to non-participating stores are impounded and stored at a storage yard, and if not collected by the non-participating stores, the carts are recycled or disposed of. The shopping cart vendor works with City Departments and uses information in the MyMilpitas App on the SeeClickFix platform to locate and collect abandoned shopping carts.

The current contract expires on June 30, 2022. The Building Safety and Housing Department began the RFP process with Finance on January 3, 2022.

Analysis:

Shopping cart services retrieve abandoned shopping carts and return them to the appropriate businesses to eliminate visual blight from the City’s streets and neighborhoods, as well as to help Milpitas businesses reduce the cost of replacing shopping carts. During the last twenty years, the number of carts being collected has increased from approximately 450 shopping carts per month to nearly 700 shopping carts per month.

The Purchasing Division of the Finance Department (Purchasing) and the Code Enforcement team in the Building Safety and Housing Department jointly developed the specifications for a Request for Proposal for abandoned shopping cart retrieval services.

On February 25, 2022, Purchasing issued RFP No. 22-058 for Abandoned Shopping Cart Retrieval Services. A total of 307 companies viewed the RFP, 15 downloaded the RFP, and 3 companies submitted a response. The proposals were evaluated by a 5-member panel composed of representatives from the Department of Public Works, Human Resources, Recreation and Community Services, and Building Safety and Housing, as well as Redwood City Building Inspection and Code Enforcement Services. The evaluation criteria included the cover letter, company profile, execution plan, personnel assigned, proposed compensation, and references. The results are detailed below.

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Company Name Score 5-Year Contract Dollar Amount
All American Shopping Carts Disqualified --
Alice Wright 56.4 $174,600.00
CityWide Cart Savers, LLC. 89.8 $112,500.00

CityWide Cart Savers, LLC. is the proposer offering the most advantageous proposal for this service after consideration of all evaluation criteria.

Attachment 1 contains the agreement for Abandoned Shopping Cart Retrieval Services with CityWide Cart Savers, LLC. for the not-to-exceed amount of $112,500.00 for fiscal years 2022-2027.

Policy Alternatives:

Alternative 1: Do not award RFP No. 22-058 to CityWide Cart Savers, LLC. and hire personnel and purchase equipment to provide shopping cart collection services.

Pros: None.

Cons: The City does not have sufficient staff and equipment to provide these services.

Reason not recommended: Cost of hiring staff and purchasing equipment to provide shopping cart retrieval services would be significantly greater than the cost of contracting with outside vendors that specialize in these services. Additionally, the timeline to hire staff and purchase equipment to provide cart collection services internally would leave a gap in the provision of shopping cart retrieval service, adding further occurrences of blight in the City.

Fiscal Impact:

Sufficient funding has been budgeted in FY 2022-2023 and will be budgeted according to the agreement in FY 2023-2027. Future years are subject to approved appropriations. In recent years, approximately 55% of shopping cart retrieval costs were covered from participating stores, with the balance paid from the Building Safety and Housing Department operating budget.

California Environmental Quality Act:

In accordance with CEQA Guidelines Section 15378(b)(2), action on this item is not a project subject to CEQA because it will not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and involves continuing administrative or maintenance activities.

Recommendation:

Award RFP No. 22-058 and authorize the City Manager to execute an agreement for Abandoned Shopping Cart Retrieval Services with CityWide Cart Savers, LLC. for the not-to-exceed amount of $112,500.00 for fiscal years 2022-2027.

Attachment:

1. Agreement for Abandoned Shopping Cart Retrieval Services with CityWide Cart Savers, LLC.

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CITY OF MILPITAS
AGREEMENT 22-058 FOR ABANDONED SHOPPING CART RETRIEVAL SERVICES WITH

CITYWIDE CART SAVERS, LLC

1. PARTIES AND DATE.

This Agreement for Abandoned Shopping Cart Retrieval Services (“Agreement”) is made and entered into as of ________________, (“Effective Date”) by and between the City of Milpitas, a municipal corporation organized under the laws of the State of California with its principal place of business at 455 E. Calaveras Boulevard, Milpitas, California 95035 (“City”) and CityWide Cart Savers, LLC, a California corporation with its principal place of business at 363 Manilla Drive, San Jose, CA 95119 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain Abandoned Shopping Cart Retrieval Services as required by City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing Abandoned Shopping Cart Retrieval S ervices to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Contractor to render such services for the Abandoned Shopping Cart Retrieval Services 22-058 project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services and advice on various issues affecting the decisions of City regarding the Project and on other programs and matters affecting City (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term.

The term of this Agreement shall be from July 1, 2022 to June 30, 2027, unless earlier terminated as provided herein. The City reserves the right to review the Contractor’s performance at the end of each year and cancel all or part of the Agreement.

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2 3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee of City. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Co ntractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services unde r this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the skilled personnel required to perform the Services in conformance with such conditions.

In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements . All work prepared by Contractor shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel . Contractor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Contracto r may substitute other personnel of at least equal competence and experience upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to City, or who are determined by City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by Contractor at the request of City. The key personnel for performance of this Agreement are as follows: Joseph DeMichele and Frederick DeMichele.

3.2.5 City's Representative . Cit y hereby designates Kamille Singh , Senior Code Enforcement Officer , or his or her designee, to act as its representative for the performance of this Agreement (“City's Representative”). City's Representative shall have the power to act on behalf of City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than City's Representative or his or her designee.

3.2.6 Contractor's Representative . Contractor hereby designates Joseph DeMichele, or his or her desig nee, to act as its representative for the performance of this Agreement (“Contractor's Representative”). Contractor's Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Agreement. Contractor's Representative shall supervise and direct the Services, using his or her best skill and attention, 125
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3 and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, contractors and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by contractors in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including any required business license, and that such licenses and approv als shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from City, any services necessary to correct errors or omissions which are caused by Contractor's failure to comply with the standard of care provided for herein, and shall be fully responsible to City for all damages and other liabilities provided for in the indemnification provisions of this Agre ement arising from the Contractor’s errors and omissions.. Any employee of Contractor or its subcontractors who is determined by City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to City, shall be promptly removed from the Project by Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirem ents, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and wi thout giving written notice to City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10 Insurance. Contractor shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under Exhibit “D” (Insurance Requirements), attached hereto and incorporated herein by this reference. In addition, Contractor shall not allow any subcontractor to commence work on any subcontr act until it has secured all insurance required therein.

3.2.11 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, Contractor shall at all times be in compliance with a ll applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautio ns as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving 126
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4 equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protec tion ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”C” attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Twelve Thousand Five Hundred Dollars and Zero Cents ($112,500.00) without written approval of City’s Senior Code Enforcement Officer.

Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within forty-five (45) days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement f or Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative.

3.3.5 California Labor Code Requirements
(a) Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply wit h such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requi rement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 127
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5 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. (b) If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with th e Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by La bor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. (c) This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused del ay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industria l Relations against Contractor or any subcontractor.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection . Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred and fees charged under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor sha ll allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.
(a) Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days be fore the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been fully and adequately rendered to City through the effective date of the termination, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. (b) Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data, as defined below, and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 128
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6 (c) Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

CityWide Cart Savers, LLC
363 Manilla Drive
San Jose, CA 95119
Attn: Joseph DeMichelle
City:

City of Milpitas
455 E. Calaveras Boulevard
Milpitas, California 95035
Attn: Chris Schroeder, Finance Department

Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.4 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.

3.5.5 Indemnification. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged ne gligent acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, subcontractors and subcontractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages, attorneys’ fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its officials, officers, employees, agents or volunteers.

Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs, including reasonable attorneys’ fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided. 129
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7 Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by City or its officials, officers, employees, agents or volunteers. This Section 3.5.5 shall survive any expiration or termination of this Agreement.

3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be supplemented, amended or modified by a writing signed by both Parties.

3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Santa Clara County.

3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.9 City's Right to Employ Other Contractors. City reserves the right to employ other Contractors in connection with this Project.

3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.11 Assignment or Transfer . Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without th e prior written consent of City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.5.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.5.15 No Third Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
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8 3.5.17 Prohibited Interests . Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all r elevant provisions of any minority business enterprise program, affirmative action plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is a ware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5.20 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.5.22 Employment Adverse to City. Contractor shall notify City, and shall obtain City’s written consent, prior to accepting work to assist with or participate in a third -party lawsuit or other legal or administrative proceeding against City during the term of this Agreement.

3.5.23 Conflict of Employment. Employment by Contractor of personnel currently on the payroll of City shall not be permitted in the performance of this Agreement, even though such employment may occur outside of the employee’s regular working hours or on w eekends, holidays or vacation time. Further, the employment by Contractor of personnel who have been on City’s payroll within one year prior to the date of execution of this Agreement, where this employment is caused by and or dependent upon Contractor securing this or related Agreements with City, is prohibited.

3.5.24 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification and confidentiality obligations, and the obligations related to receipt of subpoenas or court orders, shall survive any such expiration or termination. 131
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9 3.5.25 Subcontracting. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.5.26 Wage Theft Prevention
(a) Contractor, and any subcontractor it employs to c omplete work under this Agreement, shall comply with all applicable federal, state and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code and the Milpitas Minimum Wage Ordinance. (b) BY SIGNING THIS AGREEMENT, CONTRACTOR AFFIRMS

THAT IT HAS DISCLOSED ANY FINAL JUDGMENTS, DECISIONS OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY, FINDING IN THE FIVE (5) YEARS

PRIOR TO EXECUTING THIS AGREEMENT THAT CONTRACTOR OR ITS SUBCONTRACTORS HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS.

CONTRACTOR FURTHER AFFIRMS THAT IT OR ITS SUBCONTRACTOR(S) HAS EITHER

FULLY SATISFIED EACH JUDGMENT, DECISION OR ORDER, OR, IF ANY JUDGMENT,

DECISION OR ORDER HAS NOT BEEN FULLY SATISFIED, CONTRACTOR AFFIRMS THAT

IT OR ITS SUBCONTRACTOR(S) IS CURRENTLY SATISFYING SAID JUDGMENT, DECISION

OR ORDER THROUGH A PAYMENT OR ALTERNATIVE PLAN APPROVED BY THE

APPLICABLE COURT/GOVERNMENT AGENCY AND THAT CONTRACTOR OR ITS

SUBCONTRACTOR(S) ARE IN COMPLI ANCE WITH SAID PLAN AS OF THE DATE OF EXECUTING THIS AGREEMENT.
(c) If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision or order finding that Contractor or a subcontractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or Contractor learns of such a judgment, decision, or order that was not previously disclosed in its bid/proposal, Contractor shall inform the City no more than fifteen (15) calendar days after the judgment, decision or order becomes final or from the date of learning of the final judgment, decision or order. Contractor or its subcontractor(s) shall, within thirty (30) calendar days after notifying the City, either (i) fully satisfy any such judgment, decision, or order and provide the City with documentary evidence of satisfying said judgment, decision or order; or (ii) provide the City documentary evidence of a payment or other alternative plan approved by the court/government agency to satisfy the judgment, decision or order. If the Contractor or its subcontractor is subject to a payment or other alternative plan, the Contractor or its subcontractor shall continue to submit documentary evidence every thirty (30) calendar days during the term of the Agreement demonstrating continued compliance with the plan until the judgment, decision or order has been fully satisfied.
(d) For purposes of this Section, a "final judgment, decision, or order" refers to one for which all appeals have been exhausted or the time period to appeal has expired.

Relevant investigatory government agencies include: the United States Department of Labor, the California Division of Labor Standards Enforcement, the City, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws. (e) Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law. 132
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10 (f) Notice provided to the City shall be addressed to: Attention: Finance Director, 455 E. Calaveras Blvd. Milpitas, CA 95035. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section.

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11 SIGNATURE PAGE FOR AGREEMENT
FOR

ABANDONED SHOPPING CART RETRIEVAL SERVICES

BETWEEN

THE CITY OF MILPITAS
AND

CITYWIDE CART SAVERS, LLC

IN WITNESS WHEREOF, the Parties have entered into this Agreement as of _________.

CITY OF MILPITAS
Approved By:

Steven G. McHarris, City Manager

Date

Approved As To Form:

Michael Mutalipassi, City Attorney

CITYWIDE CART SAVERS, LLC

Signature

Name

Title

Date

Approved:

Lauren Lai, CPA,MPA
Finance Director/Risk Manager

Approved As To Content:

Sharon Goei, Building Safety & Housing Director

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12 EXHIBIT “A”

SCOPE OF SERVICES

RFP #22-058 for Abandoned Shopping Cart Retrieval Service

GENERAL DESCRIPTION

The service provider shall be responsible for the following tasks.

1. Shopping Cart Retrieval Services
Contractor shall retrieve shopping carts off premises within Milpitas City limits. Off premise is defined as areas other than the properties containing the store that owns the shopping cart. Contractor shall conduct two (2) daily sweeps along the primary route, secondary routes shall be swept on a weekly basis, routes are included as “Exhibit E – Map of Service Area,” seven days a week, except “Exhibit G - City Recognized Holidays.” In addition, Contractor shall provide the City of Milpitas with a phone number equipped with an answering machine, where citizens and/or City staff can call to report abandoned shopping carts and/or make a complaint. Contractor shall respond to retrieval requests by picking up the abandoned cart within four (4) hours or the next working day, whichever comes first regardless of location. “Exhibit E – Map of Service Area” may be modified during the term of the contract as deemed necessary by the City.

2. Participating Stores
The City will provide the Contractor a current list of st ores participating in the City's Shopping Cart Retrieval Program "Exhibit F - Participating Store List" . All carts collected belonging to the Part icipating Stores shall be returned to the store by the Contractor within three business days of the day they a re collected. Once a month a signature shall be obtained from the store representative confirming the number of carts returned. Stores that el ect to have their own retrieval program are defined as Non - Participating Stores.

3. Non-Participating Stores
All carts collected belonging to Non-Participating Stores shall be delivered to an impound yard provided by the City. The City may move the impound lot as needed, when the impound lot is to be moved the City will provide the Contractor with a 30 -day notice of the new impound lot location. Contractor may release impounded carts to a representative of the Non-Participating Store at any time. Contractor shall set aside time by appointment during business days to meet representatives of Non -Participating Stores at th e impound yard for cart retrieval. A signature shall be obtained from the representative retrieving the cart(s) with a date and the number of carts retrieved. Any cart impounded for more than 10 days shall be disposed of by the Contractor in the manner approved by the City.

4. Shopping Cart Recycling
All unidentified carts shall be taken to a recycling and/or landfill facility. If the cart cannot be recycled than it may be disposed of through dumpsters provided by the City on a 135
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13 monthly basis at no charge to the Contractor.

5. Monthly Accounting
Contractor shall provide the City a monthly accounting of the number of carts collected from Non-Participating Stores. The monthly accounting shall be provided by e -mail to [email protected] The monthly accounting shall also include carts retrieved at the impound yard and all carts remaining in the yard 10 days after collection.

6. Ride Along
Contractor shall allow City Staff to ride along at City’s discretion upon 24 hours notice to verify compliance.

7. Geographic Areas to be Serviced
Service Provider is to provide citywide service in the City of Milpitas only. A map of the City is attached as “Exhibit E – Map of Service Area.”

8. Inventory Control
Service provider will maintain records of carts retrieved and returned to all participati ng stores, including the number of carts retrieved and delivered to each participating store, the dates of retrieval and return, and the signature of the store representative accepting the returned carts.

9. Written Procedures
The winning proposer shall provide to the City written procedures for responding to calls for service and for performing routine searches.

10. Service Vehicle
The winning proposer’s service vehicle(s) must have a decal on each door identifying it as “Shopping Cart Removal.” The decals can be magnetic. The service vehicle must also have rear directional lights. City may request to see vehicle to ensure it is in compliance.

11. Monthly Invoice
The Contractor shall submit to the City on a monthly basis a detailed invoice that shall specify at least the following:
a) Date and number of carts collected from each retrieval; b) All invoices shall reflect the cost per cart and total number of carts collected. c) Contractor shall keep records detailing the number of carts returned per merchant.
d) Name of store and notation if it is a Participating or Non-Participating Store; e) Date and signature of the business’s representative acknowledging receipt of the cart(s) and authorizing billing.

The quantity of carts and pick -up dates shown on the invoice shall rec oncile with the monthly reports of carts collected from Non-Participating stores. City shall pay Contractor within thirty (30) working days of receipt of the invoice.

12. Proximity to the Site
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14 The Selected Contractor’s office shall be preferably located within Santa Clara County and shall be required to respond within 4 hours to any City requests or complaints.

13. Storage Yard
The storage yard provided by the City will be kept free of debris and may be inspected by City staff to ensure it is free of debris and that carts that are not retrieved within ten (10) days is disposed of. Additionally, the City may request that the yard is emptied to accommodate special events that are to occur in vicinity of the storage yard.

14. Carts obtained by and filled with homeless belongings Service provider will become familiar with and be sensitive to the rights of homeless in Milpitas and their possessions in shopping carts. Service Provider will work with City Departments to ensure that the homeless items are properly taken care of before carts are retrieved and returned to the Participating or Non -Participating Stores. While retrieving carts there may be frequent interactions with the homeless.

15. Use of technology to locate and pick up carts
Service Provider will retrieve shopping carts using the SeeClickFix App and through calls and emails and other methods as the City of Milpitas requests.

16. Work with Participating Stores
The City of Milpitas is closed during selected holidays as shown in “Exhibit E - City Recognized Holidays.” However, some of the Participating Stores are open during City of Milpitas Recognized Holidays and may request your services during the holiday.

17. Box Truck or Trailer is preferred
Due to the volume of carts throughout Milpitas it is recommended to use a box truck or trailer to be able to service the volume of carts spread throughout the City.

18. Frequent Cart locations
Service Provider will retrieve s hopping carts located off the main roads which include multi-family housing, public transit stops, side streets, and occasionally creeks, trails, railroad tracks, and businesses.

19. No Sub-contractors
Service Provider must have written agreement for temporary sub-contractor use, such as in instances of injury or illness.

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15 EXHIBIT “B”

SCHEDULE OF SERVICES

RESERVED

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16 EXHIBIT “C”

COMPENSATION

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17 EXHIBIT “D”

INSURANCE REQUIREMENTS

Please refer to the insurance requirements listed below. Those that have an “X” indicated in the space before the requirement apply to Contractor’s or Consultant’s Agreement.

Contractor or Consultant shall procure and maintain for the duration of the Agr eement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor or Consultant, its agents, representatives, employees or subcontractors.

Commercial General Liability (CGL):

_X__ Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $1,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

___ Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $5,000,000.00 per occurrence. If a gener al aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

Automobile Liability:

_X__ Coverage at least as broad as ISO For m Number CA 0001 covering, Code 1 (any auto), of if Contractor or Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limits no less than $1,000,000.00 combined single limit for bodily injury and property damage.

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18 ___ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), with limits no less than $5,000,000.00 combined single liit for bodily injury and property damage.

Professional Liability (Errors and Omissions):

___ Insurance appropriates to the Contractor or Consultant’s profession, with limit no less than $1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate.

___ (If Design/Build), with limits no less than $1,000,000.00 per occurrence or claim, and $2,000,000.00 policy aggregate.

___ Insurance appropriates to the Contractor or Consultant’s profession, with limit no less than ______ per occurrence or claim, ______ aggregate

Workers’ Compensation Insurance:

The Employer’s Liability policy shall be endorsed to waive any right of subrogation as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees.

Builder’s Risk (Course of Construction):

___ Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the projec t and no coinsurance penalty provisions. If the project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, ma chinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site.

Contractor’s or Consultant’s Pollution Legal Liability:

___ Contractor’s or Consultant’s pollution legal liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000.00 per occurrence or claim and $2,000,000.00 policy aggregate.

If the Contractor or Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor or Consultant. Any available insurance proceeds in excess of the specified minimum lim its of insurance and coverage shall be available to City.

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19 Cyber Liability Insurance

___ Cyber Liability Insurance with limits not less than $1,000,000 per claim.

Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor or Consultant in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion, and network security.

The policy shall provide coverage for breach response costs as well as regulatory fines and penalties, and credit monitoring expenses with limits sufficient to respond to these obligations.

Surety Bonds:

Contractor shall provide the following Surety Bonds:

____ Bid Bond

1. ____ Performance Bond

2. ____ Payment Bond

Other Insurance Provisions:

The insurance policies are to contain, or be endorsed to contain the following provisions:

_X__ Additional Insured Status and Primary/Non-Contributory Language:

Contractor’s general liability and automobile liability policies shall be primary and shall not seek contribution from the City’s coverage and be endorsed to add the City and its elected and appointed officials, officers, attorneys, agents employees and volunteers as additional insureds under such policies using Insurance Services Office form CG 20 10 (or equivalent) on the general liability policy. For construction projects, an endorsement providing completed operations coverage for the additional insured on the general liability policy, ISO form CG 20 37 (or equivalent), is also required.

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

___ Loss Payee Status – Builder’s Risk/Course of Construction Insurance (applicable to Construction Contracts only)

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20 Contractor or Consultant may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.

_X__ Notice of Cancellation, Suspension or Otherwise Voiding Policies:

_X__ Waiver of Subrogation:

Contractor or Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor or Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Contractor or Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation Policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Contractor or Consultant, its employees, agents and subcontractors.

___ Completed Operations

For Construction Agreements, Contractor shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following the completion of this project. In the event Contr actor fails to obtain or maintain completed operations coverage as required by this Agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by Contractor.

THE FOLLOWING PROVISIONS APPLY TO ALL AGREEMENTS

Deductibles and Self-Insured Retentions (“SIR”):

Any deductibles or self -insured retentions must be declared to and approved by City. The City may require the Contractor or Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects th e City, its elected and appointed officials, officers, attorneys, agents, and employees; or (2) the Contractor or Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

All SIRs must be disclosed to Risk Management for approval and shall not reduce the limits of liability.

Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the City.

City reserves the right to obtain a full -certified copy of any insurance policy and endorsements.

Failure to exercise this right shall not constitute a waiver of right to exercise later.

Acceptability of Insurers:
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21 Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A -:VII, unless otherwise acceptable to City.

Claims Made Policies: (note - should be applicable only to professional liability, see below)

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

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

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

4. A copy of the claims reporting requirements must be submitted to the City for review.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractor’s Pollution Liability Policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability Policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Subcontractors:

Contractor or Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

Subcontractor agrees to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under this Agreement and any other contract documents.

Verification of Coverage:

Contractor or Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor or Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Special Risks or Circumstances
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22 City reserves the right to modify these requirements, including limits, based o n the nature of the risk, prior experience, insurer, coverage or other special circumstances.

Failure to Comply:

Applicability of Coverage:

Exhibit
A
LEGEND:

SHOPPING
CART
ROUTE

REDWOOD
AVE.

SHOPPING
CART
ROUTE
MAP
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EXHIBIT F

Participating Store List

1. Ocean Market

2. Wal-Mart

3. Home Depot

4. Ranch 99 Market

5. Lion Food Center

6. Walgreens – Calaveras Blvd. Store #3671

7. Ross Store

8. Walgreens – Dixon/Milpitas Blvd. Store #5480

9. Bed, Bath, & Beyond

10. Marina Grocery

11. Seafood City of Milpitas

12. New Indian Bazaar

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Exhibit G
2022 City Holidays
New Year’s Day (Observed) - Friday, December 31, 2021
Martin Luther King Jr. Day - Monday, January 17, 2022
Presidents Day - Monday, February 21, 2022
Cesar Chavez Day - Thursday, March 31, 2022
Memorial Day - Monday, May 30, 2022
Independence Day - Monday, July 4, 2022
Labor Day - Monday, September 5, 2022
Veteran’s Day - Friday, November 11, 2022
Thanksgiving - Thursday, November 24, 2022
Thanksgiving Day After - Friday, November 25, 2022
Christmas Eve (Observed) - Friday, December 23, 2022
Christmas Day (Observed) – Monday, December 26, 2022
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CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Approve and Authorize the City Manager to Execute Amendment No. 2 to the Animal Services Agreement with the City of San Jose (Staff Contact: Sharon Goei, 408-586- 3260; Jason Earl Administrative Analyst II, 408-586-3294; and Chris Schroeder, Purchasing Agent, 408-586-3161)
Category: Consent Calendar-Community Development

Meeting Date: 6/7/2022
Recommendation: Approve and authorize the City Manager to execute Amendment No. 2 to the Agreement with the City of San Jose for Animal Services, adding a second one-year extension to the three-year agreement, increasing the total not-to-exceed amount by $510,000 from $1,628,211 to $2,138,211, subject to annual appropriation of funds.

Background:

Since July 1, 2001, the City of San Jose has provided the City of Milpitas with Animal Services. These services include field services, animal sheltering with medical services, dead animal services, monthly reporting and animal licensing for Milpitas residents. The San Jose Animal Care Center and Shelter Facility is located at 2750 Monterey Road, near the Santa Clara County Fairgrounds.

The agreement for animal services was for a three-year term from July 1, 2018, until June 30, 2021, for a total amount of $1,212,158. In 2021, Amendment No. 1 was executed for $416,053 and extended the contract for one year terminating on June 30, 2022, bringing the total amount to $1,628,211.

Below is a brief summary of the scope of services provided under the agreement:

 Field Services: Picking up dead and injured animals, confining stray animals, responding to emergency calls, investigating complaints, responding to police assistance, responding to dangerous animal or critically sick or injured animal calls;
 Shelter Services: Sheltering abandoned, impounded, lost or stray animals, quarantine of biting animals, rabies testing of suspect animals, provisions for reclaim of abandoned, lost or stray animals, euthanization and disposal of abandoned, lost or stray animals that are unclaimed by their owners and failing to meet health standards;
 Shelter Medical Services: Provisions for veterinarian services 24 hours a day to treat and provide veterinarian care to stray, injured or sick animals, monitor quarantined animals;  Dead Animal Services: Picking up dead animals from streets and public property, or from private property with the consent of the property owner;
 Records regarding animal services: Providing monthly reports regarding the number of animals for which service is provided, the number of calls for service, and response times to the calls.

Service provided has been satisfactory, and staff has not received complaints from residents of Milpitas on the animal services provided by the City of San Jose.

Analysis:

During FY 2021-22, the City of San Jose conducted a cost study that concluded around January 2022. The City of San Jose has adjusted the upcoming FY 2022-23 rate to $510,000 to reflect the actual cost of providing animal services.
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While staff was working with the City of San Jose to develop a new multi-year agreement, it was brought to staff’s attention by a City of San Jose attorney that the City of San Jose could not agree to the wage theft language in the agreement pursuant to the City of Milpitas Wage Theft Ordinance. The language required by the ordinance would invade the City of San Jose’s police powers and tend to conflict with the City of San Jose’s own Wage Theft Ordinance. The City Attorney and Finance Department Purchasing Division staff are discussing bringing to Council amendments to the Wage Theft Ordinance or modifying the language in the agreements so that execution of agreements with public agencies possessing inherent police powers can be streamlined going forward.

Staff proposes extending the current agreement with the City of San Jose at the rate of $510,000 for one year to maintain animal services through June 30, 2023.

Policy Alternative:

Alternative: Do not execute Amendment No. 2 with the City of San Jose for animal services.

Pros: Funding of $510,000 will not be needed.

Cons: The City will not have a provider for animal services.

Reason not recommended: It is important for the City to maintain animal services through agreement with the City of San Jose as the City of Milpitas does not have the trained personnel and equipment, supplies, vehicles, and facilities to provide this specialized service.

Fiscal Impact:

Amendment No. 2 to the Animal Services Agreement with the City of San Jose increases the total not-to- exceed amount by $510,000 and extends the term period expiration date from June 30, 2022 to June 30, 2023.

The amount of $510,000 is budgeted in the FY 2022-23 operating budget of the Building Safety and Housing Department. Similar to prior years, approximately $45,000 will be recovered from animal license fees to partially offset the cost.

California Environmental Quality Act:

Recommendation:

Approve and authorize the City Manager to execute Amendment No. 2 to the Agreement with the City of San Jose for Animal Services, adding a second one-year extension to the three-year agreement, increasing the total not to exceed amount by $510,000 from $1,628,211 to $2,138,211, subject to annual appropriation of funds.

Attachment:

1. Amendment No. 2 to Animal Services Agreement with the City of San Jose 150
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SECOND AMENDMENT TO AGREEMENT FOR ANIMAL SERVICES

BETWEEN THE CITY OF SAN JOSE

AND THE CITY OF MILPITAS

This SECOND AMENDMENT is made and entered into this ____day of _______________, 2022, by and between the CITY OF SAN JOSE, a municipal corporation, (hereinafter “SAN JOSE”), and the CITY OF MILPITAS, a municipal corporation, (hereinafter “MILPITAS”), collectively referred to as the “PARTIES.”

RECITALS

WHEREAS, on September 5, 2018, SAN JOSE and MILPITAS entered into an agreement entitled “AGREEMENT FOR ANIMAL SERVICES BETWEEN THE CITY OF SAN JOSE AND THE CITY OF MILPITAS” (“AGREEMENT”); and

WHEREAS, SAN JOSE and MILPITAS desire to amend the AGREEMENT to extend the term of the AGREEMENT and increase the compensation;

NOW, THEREFORE, the PARTIES agree to amend the AGREEMENT as follows:

SECTION 1. Section 2, “TERM OF AGREEMENT,” is amended to read as follows:

“The term of this AGREEMENT is from July 1, 2018 through June 30, 2023, inclusive, subject to the provisions of SECTION 8 of this AGREEMENT.”

SECTION 2. Section 3, “COMPENSATION,” is amended to read as follows:

“The rate and schedule of payment to be paid to SAN JOSE is set out in REVISED EXHIBIT B, entitled “COMPENSATION,” which is attached hereto and incorporated herein.”
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SECTION 3. Section 8, “TERM AND TERMINATION OF AGREEMENT,” is amended to read as follows:

“A. Termination
This AGREEMENT may be terminated earlier at any time:

1. Upon the written consent of both MILPITAS and SAN JOSE;

2. By either MILPITAS or SAN JOSE immediately upon notice to the other, if the other breaches any material obligation under this AGREEMENT and such breach remains unremedied for at least thirty (30) days following written notice thereof to the breaching party;

3. Immediately upon written notice by MILPITAS to SAN JOSE if SAN JOSE has a receiver appointed for all or substantial part of its business or assets, if a bankruptcy proceeding is brought by or against SAN JOSE as a debtor, or if SAN JOSE ceases its business operations; and

4. Upon at least one hundred eighty (180) days prior written notice by MILPITAS to SAN JOSE or SAN JOSE to MILPITAS of that party’s desire to terminate this AGREEMENT. If MILPITAS does not appropriate the full amounts due to SAN JOSE under this AGREEMENT for FY 2018-2019 or FY 2019-2020 or FY 2020-2021 or FY 2021-2022 or FY 2022-2023 on or before June 30 of the year directly preceding the fiscal year for which Animal Services are provided by SAN JOSE; then that action shall, as of the same June 30, constitute the start of the 180-day notice of termination of this AGREEMENT by MILPITAS pursuant to this SECTION.

B. Effects of Termination
Upon the effective date of any termination of this AGREEMENT, 152
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SAN JOSE’s obligation to provide Animal Services to MILPITAS under this AGREEMENT shall cease, and MILPITAS’ obligation to make payments hereunder for periods of time after the effective date of termination shall cease, provided that the PARTIES shall have any and all remedies available under law for any breach of this AGREEMENT. The PARTIES may also elect to negotiate a new agreement for the provision of Animal Services upon the effective date of termination.

C. Termination Costs
In the event MILPITAS elects to terminate this AGREEMENT with SAN JOSE, SAN JOSE shall be reimbursed for stray animals that were sheltered for MILPITAS prior to termination at the rate of One Hundred Sixty-Five Dollars ($165.00) per animal for a period of twelve (12) months from the date of that termination. SAN JOSE shall notify MILPITAS of the number of animals it shelters during that twelve (12) month period through and in a monthly report provided by SAN JOSE in the same format and manner as the monthly impound report. MILPITAS shall pay SAN JOSE for shelter services in accordance with REVISED EXHIBIT B Subsection A.”

SECTION 4. EXHIBIT B, “COMPENSATION,” is amended to read as shown in REVISED EXHIBIT B, which is attached and incorporated into this SECOND AMENDMENT.

SECTION 5. All of the terms and conditions of the original AGREEMENT not specifically modified by this SECOND AMENDMENT shall remain in full force and effect.

SECTION 6. Unless otherwise prohibited by law or SAN JOSE policy, the PARTIES agree that an electronic copy of a signed contract, or an electronically signed contract, 153
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has the same force and legal effect as a contract executed with an original ink signature.

The term “electronic copy of a signed contract” refers to a writing as set forth in Evidence Code Section 1550. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by SAN JOSE.

WITNESS THE EXECUTION HEREOF on the day and year first hereinabove written.

APPROVED AS TO FORM:

_______________________________

MICHAEL MUTALIPASSI
City Attorney

CITY OF MILPITAS, a municipal
corporation

By ______________________________
STEVEN McHARRIS
City Manager

APPROVED AS TO FORM:

_________________________________
MARK J. VANNI
Senior Deputy City Attorney

CITY OF SAN JOSE, a municipal
corporation

By ______________________________

LELAND WILCOX
Chief of Staff, Office of the City
Manager

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REVISED EXHIBIT B

COMPENSATION

A. Payment Schedule
All monthly installment payment by MILPITAS shall be due and payable on the first day of the month and shall be delinquent on the tenth (10th) business day thereafter without demand or notice to MILPITAS. SAN JOSE will provide MILPITAS an invoice in advance at least fourteen (14) calendar days before the date that the payment is due.

B. Payment Amounts
For all Animal Services to be provided by and for the performance of all other obligations of SAN JOSE to MILPITAS under this AGREEMENT, MILPITAS agrees to pay SAN JOSE within thirty-five (35) days after the execution of this AGREEMENT the following sums for the period of July 1, 2018 through June 30, 2023, in accordance with the payment schedule:

July 2018 through June 2019: $392,170
July 2019 through June 2020: $403,935
July 2020 through June 2021: $416,053
July 2021 through June 2022 $416,053
July 2022 through June 2023 $510,000

Total Amount of Compensation: $2,138,211
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CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Approve the Five-Year Cooperative Purchase Agreement with Waxie’s Enterprises LLC for Janitorial Supply Purchases for the Not-to-Exceed Amount of $200,000.00 (Staff Contact: Tony Ndah, Public Works Director, 408-586-2602)

Category: Consent Calendar-Community Services and Sustainable Infrastructure

Meeting Date: 6/7/2022
Recommendations: Approve and authorize the City Manager to enter into a Cooperative Purchasing Agreement with Waxie’s Enterprises LLC for janitorial supply purchases for the not-to-exceed amount of $200,000.00.

BACKGROUND
The Facilities Division of the Public Works Department purchases cleaning and paper products for all citywide buildings through Waxie Sanitary Services, Inc. (Waxie), a national supplier of janitorial and sanitation supplies. The purchases are made using funds budgeted by the Public Works Department for various janitorial supplies and purchased on a regular basis for city operations. Annual expenditures for these products have averaged $32,000 over the past five most recent fiscal years.

Waxie has over 20 Inventory Centers located throughout the western United States, including 8 in California.

With a local distribution center in Santa Clara, Waxie is able to provide the City with responsible, same/net day delivery of required products. In addition to providing competitively bid pricing, Waxie offers local customer service support, free shipping, and an extensive selection of environmentally responsible products consistent with the City’s sustainability goals.

Per Milpitas Municipal Code Section 1-2-3.05 (Public Agency Purchases), the Purchasing Agent may purchase supplies without observing competitive procurement requirements if the purchases are through a cooperative purchasing program using public agency procurements. Although using a cooperative agreement replaces the bidding requirement, the estimated procurement total amount for cleaning and paper products over a five-year period exceeds $100,000.00, which requires City Council approval.

ANALYSIS:

Per Milpitas Municipal Code Section 1-2-3.05 (Public Agency Purchases), the Purchasing Agent may purchase supplies without observing competitive procurement requirements if the purchases are through a cooperative purchasing program using public agency procurements, as long as:
i. The underlying purchase was made using competitive negotiation or procurement procedures, and may include a nationally bid cooperative contract; and
ii. The public agency is a “public agency” as defined in Government Code section 6500.

The janitorial supply contract offered by OMNIA Partners, a shared services and supply chain optimization company dedicated to government, has been competitively solicited by a lead public agency. On July 3, 2019, the University of California solicited in conjunction with OMNIA Partners, issued Request for Proposal (RFP) No. 001183 for " Janitorial Supplies and Equipment with Related Services ." On April 21, 2020 OMNIA Partners awarded contract No. 2020002301 to Network Services Company (operating as Waxie’s Enterprises LLC). The contract (University of California Purchasing Agreement No. 2020002301) period runs from April 27, 2020 to April 26, 2027 with three successive one-year renewal options held at the University of California’s direction.

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The Purchasing Agent has reviewed both the solicitation and resulting agreement documents as a result of OMNIA Partners RFP No. 001183 and confirmed they meet all criteria outlined in Milpitas Municipal Code Section 1-2-3.05 (Public Agency Purchases).

By participating in cooperative purchasing agreements, the City joins with other public agencies to leverage volume pricing for cost savings. The price discounts and time savings that result from using an already completed solicitation process and contracts are in the City’s best interest.

POLICY ALTERNATIVES:

Alternative 1: Staff conducts a solicitation for the Purchase of Janitorial Supplies through a competitive bid process.

Pros: A solicitation allows vendors an opportunity to place a bid for the products.

Cons: A cooperative purchase allows for administrative streamlining and efficiencies because the City will be able to piggy-back on an existing agreement that has already been negotiated under an RFP. Additionally, a cooperative agreement allows for economies of scale because multiple agencies align to allow for more purchasing power.

Reason not recommended: Pricing under a cooperative procurement is already available and negotiated and has been reviewed by the Purchasing Agent as the best option for the City.

FISCAL IMPACT:

There are sufficient funds available in the FY 2022-2023 operating budget of the Public Works Department to cover the cost of janitorial and cleaning supplies. Funding for the remaining years of this contract will be subject to annual appropriations.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The project is exempt from the California Environmental Quality Act (CEQA) per Guidelines Section 15301 as the project involves only the minor alteration of existing public facilities, i.e. installation and/or retrofit of existing streetlights, indoor and outdoor park and facility lighting, indoor plumbing fixtures and water meter equipment, and does not involve the expansion of any use

RECOMMENDATION:

Approve and Authorize the City Manager to Enter into a Cooperative Purchasing Agreement with Waxie LLC for Janitorial Supply Purchases for the not-to-exceed amount of $200,000.00.

ATTACHMENTS:

1. Resolution

2. Cooperative Purchase Agreement with Waxie’s Enterprises LLC 157
Item # C15.

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS AUTHORIZING

THE PURCHASE OF JANITORIAL SUPPLIES FROM NETWORK SERVICES COMPANY (OPERATING AS WAXIE’S ENTERPRISES LLC THROUGH A COOPERATIVE

PROCUREMENT CONTRACT BY THE UNIVERSITY OF CALIFORNIA

WHEREAS, the City routinely purchases janitorial supplies for its day -to-day operational and cleaning needs for numerous City facilities, parks and buildings; and

WHEREAS, Municipal Code Section I -2-3.05 (“Cooperative Procurement”) specifically authorizes the Purchasing Agent to make such purchases based on an agreement or cooperative purchasing program entered into by a public agency, as defined by Government Code Section 6500, regardless of whether the City is a named party to the agreement or an actual participant in such a program, provided that the underlying purchase was made using competitive negotiation or bidding procedures at least as restrictive as the City’s, and that the supplies or general se rvices purchased must be the same and be offered at the same price as the supplies and general services subject to the agreement or program; and

WHEREAS, The University of California meets the definition of a public agency as defined by Government Code section 6500; and

WHEREAS, The Cooperative Purchasing Network (TCPN) was, as its name suggests, a cooperative purchasing organization. On July 28, 2015, TCPN was acquired by National Intergovernmental Purchasing Alliance (National IPA), another cooperat ive purchasing organization. On August 16, 2017 National IPA formed OMNIA Partners, a shared services and supply chain optimization company dedicated to government. On May 23, 2018 OMNIA Partners acquired US Communities, another cooperative purchasing organization and on January 1, 2019 OMNIA Partners began operating under the OMNIA Partners name. Each contract in the OMNIA Partners cooperative contract portfolio has been competitively solicited by a lead public agency. Neither OMNIA Partners nor any of the aforementioned cooperatives conduct solicitations; rather, they partner with various public agencies in soliciting solid cooperative contracts. All contracts previously solicited, issued and awarded by lead public agencies remain in full force and effect in accordance with their respective contract terms and conditions. OMNIA Partners also serves in a consultant role to its member public agencies in presenting competitively solicited contract options to maximize hard and soft cost savings; and

WHEREAS, City of Milpitas (Milpitas) is a member of OMNIA Partners cooperative purchasing organization by virtue of its membership with National IPA, effective September 26, 2012 and is assigned participation number 1036843; and

WHEREAS, on July 3, 2019, The University of California issued, on behalf of itself, other government agencies, non-profits, and all members of OMNIA Partners, Request for Proposal (RFP) No. 001183. As a result of that solicitation , The University of California awarded contract No. 2020002301 entitled “Janitorial Supplies & Equipment,” and

WHEREAS, the Purchasing Agent has reviewed all of the documentation related to RFP 001183 and contract No. 2020002301 awarded to National Supply Network by the University of California , and has determined that the contract is current through April 26, 2027 with three one-year options to extend the contract, and that the underlying purchase was made using co mpetitive bidding procedures at least as restrictive as those of the City of Milpitas , and that the price for the basket of janitorial supplies expected to be used annually by the City is the same as that offered in the original contract. 158
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NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:

1. The City Council has duly considered the full record before it, which may include but is not limited to such things as the City staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.

2. The City Purchasing Agent is authorized to purchase Janitorial supplies from Network Services Company (operating as Waxie’s Enterprises LLC , for a total five-year contract amount of $ 200,000.00. This is a cooperative procurement through OMNIA Partners ’ contract portfolio, relying on a solicitation conducted by The University of California.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

___________________________________
Wendy Wood, City Clerk Rich Tran, Mayor

APPROVED AS TO FORM:

Michael Mutalipassi, City Attorney
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CITY OF MILPITAS

COOPERATIVELY PURCHASED AGREEMENT FOR

JANITORIAL SUPPLIES AND EQUIPMENT

This Cooperatively Purchaed Agreement for Janitorial Supplies and Equipment (“Agreement”) is entered into as of ___________________ by and between the City of Milpitas, a municipal corporation organized under the laws of the State of California with its principal place of business at 455 E. Calaveras Boulevard, Milpitas, Californi a 95035 (“City”) and Waxie’s Enterprises LLC dba WAXIE Sanitary Supply , a limited-liability corporation, with its principal place of business at 901 N Canyons Pkwy, Livermore, CA 94550 (“Contractor”). City and Contractor are sometimes individually referre d to as “Party” and collectively as “Parties” in this Agreement

RECITALS

WHEREAS, on Aprill 27, 2020 the University of California, in conjuction with OMNIA Partners, awarded a contract to Contractor entitled Janitorial Supplies and Equipment (“Original Contract”) for Janitorial Supplies and Equipment pursuant to a competitive solicitation process performed in accordance with the competitive procurement rules applicable to University of California; and

WHEREAS, pursuant to the City’s purchasing ordinance, the City is authorized to utilize cooperative purchasing to utilize contracts based on an agreement or entered into by any public agency or cooperative purchasing program utilizing public agency procurements as the basis for contracts offered, regardless of whether the City is a named party to the agreement or an actual participant in such a program; and

WHEREAS, the Original Contract is listed in the purchasing schedule offered by OMNIA Partners, a national cooperative purchasing program; and

WHEREAS, the City desires to rely on the Original Contract entered into between The University of California/OMNIA Partners and Contractor and procure Janitorial Supplies and Equipment on the same terms and conditions set forth therein pursuant to this Agreement.

NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:

1. Recitals. The foregoing recitals are true and correct and are a part of this Agreement.

2. Term. The term of this Agreement shall be from Date First Written Above to April 26, 2027, unless earlier terminated as provided herein. The City reserves the right to review the Contractor’s performance at the end of each year and cancel all or part of t he Agreement.

This Agreement may be extended by the City for three (3) additional one-year terms upon mutual written consent of the City and Contractor.

3. Incorporation By Reference . The Scope of Services is attached hereto as Exhibit “A” and incorporated herein by this reference. The Original Contract , including all documents incorporated by reference therein, is attached hereto as Exhibit “B” and incorporated herein by this reference – all references in the Original Contract to The University of Caliornia ” shall be understood to mean the City of Milpitas . The Contractor’s Proposal is attached hereto as Exhibit “C” and is incorporated herein by reference. The incorporation of the Original Contract 160
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and the Contractor’s Proposal as part of this Agreement is subject to the order of precendence set forth below.

4. Precedence of Agreement Documents. If there is a conflict between Agreement documents, the document highest in precedence shall control. The precedence shall be:

One: This Agreement
Two: The Original Contract
Three: The Contractor’s Proposal

Amendments, supplemental agreements, and approved revisions to the Agreement or any part thereof become a part of item One above.

5. Obligations of the City.

A. The City shall be obligated to pay Contractor based upon the unit and/or lump sum prices set forth in the Original Contract and/or the Contractor’s Proposal for services authorized by the City.

B. Payments to the Contractor shall be made within 30 days after receipt of an original invoice from the Contractor and acceptance of the services by City.

C. In no event shall the total amount paid for this Agreement exceed Two Hundred Tousand Dollars and Zero Cents ($200,000.00) unless otherwise agreed to by the parties in writing.

6. Obligations of the Contractor.

A. Contractor shall perform the Scope of Services as required by this Agreement.

B. Contractor shall obey all Federal, State, local, and special district laws, ordinances, and regulations. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the Scope of Services is being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000.00 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold City, its officials, office rs, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of the Scope of Services, including any delay, shall be Contractor’s sole responsibility and Contractor shall indemnify City from liability arising out of the same. It shall be mandatory upon the Contractor and all subcontractors to comply with all applicable California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Sectio n 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815), contractor registration (Labor Code Sections 1725.5 and 1771.1) and debarment of contractors and subcontractors (Labor Code Sections 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 and to be registered with the California Department of Industrial Relations shall not apply 161
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to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1771.4, 1725.5 and 1771.1.

C. The Contractor shall keep a tally of the cost for the services ordered by City. The Contractor shall not accept work orders from the City if the cost for the work will exceed the amount indicated above unless otherwise agreed to by the parties in writing.

7. Audit. City shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its statements to City as a condition precedent to any payment to Contractor.

8. Hold Harmless and Indemnification . To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

9. Amendments. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon mutual written approval by the City and Contractor.

10. Anti-Discrimination. In the performance of the terms of this Agreement, Contractor shall not engage in, nor permit subcontractors to engage in, discrimination in employment of persons because of the age, race, color, religious creed, sex, sexual orientation, national origin, ancestry, physical disability, mental disability, medical condition, or marital status of such persons.

11. Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contrac tor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished documents and data and o ther information of any kind prepared by Contractor in connection with the performance of services under this Agreement. Contractor shall be required to provide such documents and other information within fifteen (15) days of the request. The Contractor understands and accepts that at all times; the Agreement is subject to appropriation of funds by the Milpitas City Council. The Agreement may terminate without penalty, liability or expense of any kind to the City at the end of any fiscal year if funds are not appropriated for the next succeeding fiscal year. If funds are appropriated for a portion of the fiscal year, the Agreement will terminate, without penalty, liability or expense of any kind at the end of the term for which funds are appropriated. T he City has no obligation to make appropriations for the Agreement in lieu of appropriations for new or other agreements. City budget decisions are subject to the discretion of the Mayor and City Council. Contractor’s assumption of risk of possible 162
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non-appropriation is a part of the consideration for the Agreement. This section controls against any and all other provisions of the Agreement

12. Complete Contract. This Agreement shall constitute the complete Agreement between the parties hereto. No verbal agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such verbal agreement, understanding, or representation be binding upon the parties hereto.

13. Time of Performance. Time is of the essence in this Agreement.

14. Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provided, however, that no party hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without the prior written consent of the other party, and any such assignment without said consent shall be void.

15. Authority to Execute Contract. Both City and Contractor do covenant that each individual executing this Agreement on behalf of each party is a person duly authorized and empowered to execute contracts for such party.

16. Insurance. Contractor shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under Exhibit “D” (Insurance Requirements), attached hereto and incorporated herein by this reference. In addition, Contractor shall not allow any subcontractor to commence wo rk on any subcontract until it has secured all insurance required therein.

17. Jurisdiction and Venue. Jurisdiction is in the State of California and venue lies in Santa Clara County.

18. Wage Theft Prevention . Contractor, and any subcontractor it empl oys to complete work under this Agreement, shall comply with all applicable federal, state and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code and the Milpitas M inimum Wage Ordinance. BY

SIGNING THIS AGREEMENT, CONTRACTOR AFFIRMS THAT IT HAS DISCLOSED ANY

FINAL JUDGMENTS, DECISIONS OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY, FINDING IN THE FIVE (5) YEARS PRIOR TO EXECUTING THIS

AGREEMENT THAT CONTR ACTOR OR ITS SUBCONTRACTORS HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. CONTRACTOR FURTHER AFFIRMS THAT IT OR

ITS SUBCONTRACTOR(S) HAS EITHER FULLY SATISFIED EACH JUDGMENT, DECISION

OR ORDER, OR, IF ANY JUDGMENT, DECISION OR ORDER HAS NOT BEEN FULLY

SATISFIED, CONTRACTOR AFFIRMS THAT IT OR ITS SUBCONTRACTOR(S) IS

CURRENTLY SATISFYING SAID JUDGMENT, DECISION OR ORDER THROUGH A

PAYMENT OR ALTERNATIVE PLAN APPROVED BY THE APPLICABLE

COURT/GOVERNMENT AGENCY AND THAT CONTRACTOR OR ITS SUBCONTRACTOR(S)

ARE IN COMPLIANCE WITH SAID PLAN AS OF THE DATE OF EXECUTING THIS AGREEMENT. If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision or order finding that Contractor or a subcontractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or Contractor learns of such a judgment, decision, or order that was not previously disclosed in its bid/proposal, Contractor shall inform the City no more than fif teen (15) calendar days after the judgment, decision or order becomes final or from the date of learning of the final judgment, decision or order. Contractor or its subcontractor(s) shall, within thirty (30) calendar days after notifying the City, either (i) fully satisfy any such judgment, decision, or order and 163
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provide the City with documentary evidence of satisfying said judgment, decision or order; or (ii) provide the City documentary evidence of a payment or other alternative plan approved by the court/government agency to satisfy the judgment, decision or order. If the Contractor or its subcontractor is subject to a payment or other alternative plan, the Contractor or its subcontractor shall continue to submit documentary evidence every thirty (30) calendar days during the term of the Agreement demonstrating continued compliance with the plan until the judgment, decision or order has been fully satisfied. For purposes of this Section, a "final judgment, decision, or order" refers to one for which all appeals have been exhausted or the time period to appeal has expired.

Relevant investigatory government agencies include: the United States Department of Labor, the California Division of Labor Standards Enforcement, the City, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws. Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law. Notice provided to the City shall be addressed to: Attention:

Finance Director, 455 E. Calaveras Blvd. Milpitas, CA 95035. The Notice provisions of this Section are separate from a ny other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section.

19. Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

Waxie’s Enterprises LLC dba WAXIE Sanitary Supply
901 N Canyons Pkwy
Livermore, CA 94550
Attn: James Horton
City:

City of Milpitas
1265 N Milpitas Boulevard
Milpitas, California 95035
Attn: Director of Public Works
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE FOR AGREEMENT FOR JANITORIAL SUPPLIES AND EQUIPMENT

BETWEEN THE CITY OF MILPITAS
AND WAXIE’S ENTERPRISES LLC DBA WAXIE SANITARY SUPPLY

IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first written above.

CITY OF MILPITAS
Approved By:

Steven McHarris
City Manager

Date

Approved As To Form:

Michael Mutalipassi
City Attorney
Waxie’s Enterprises LLC dba WAXIE
Sanitary Supply

Signature

Name

Title

Date

Approved:

Lauren Lai, CPA, MPA
Finance Director/Risk Manager

Approved As To Content:

Tony Ndah
Director of Public Works

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EXHIBIT “A”

SCOPE OF SERVICES

Contract shall provide the goods listed in and associated with the categories reflected in the Cost Bid Worksheet in accordance with this Statement of Services and any other documents referenced in the Exhibit “B” Original Contract section herein and also included dilution control, green products, industrial paper and dispensers, private label products, carpet care, restroom care, waste receptacles, compactors, liners, machines and accessories, institutional and industrial laundry and kitchen, industrial tools and supplies and all other categories in the Contractor’s full line of products and services.

Unless otherwise provided in the Agreement, City will not be obligated to purchase a minimum amount of Goods and/or Services from Contractor. Contractor shall provide Janitorial Products and Equipment (Goods) including, but not limited to those items andcategories listed in the basket of goods in the Cost Bid Worksheet at the costs outlined and the attached Agreement shown in Exhibit “B” Original Contract.

Pricing will remain the same unless Contractor experiences price increases from our manufactures and/or suppliers. Contractor will provide a 30-day written notification of price increases to the City project manager.

Pricing will be reviewed annually to reflect changes in logistics, transportation, warehouse costs, that may affect product costs uniformly throught all participants utilizing the Agreement shown in Exhibit “B” Original Contract.

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EXHIBIT “B”

ORIGINAL CONTRACT

Attached Behind This Page

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EXHIBIT “C”
CONTRACTOR’S PROPOSAL

Attached Behind This Page

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EXHIBIT “D”

INSURANCE REQUIREMENTS

Please refer to the insurance requirements listed below. Those that have an “X” indicated in the space before the requirement apply to Contractor’s or Consultant’s Agreement.

Contractor or Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performan ce of the work hereunder and the results of that work by the Contractor or Consultant, its agents, representatives, employees or subcontractors.

Commercial General Liability (CGL):

___ Coverage at least as broad as Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $2 ,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

_X_ Coverage at least as br oad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $1,000,000.00 per occurrence. If a general aggregate l imit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

___ Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurre nce” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $5,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit sha ll apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

Automobile Liability:

_X_ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), of if Contractor or Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limits no less than $1,000,000.00 combined single limit for bodily injury and property damage.

___ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), with limits no less than $5,000,000.00 combined single liit for bodily injury and property damage. 169
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Professional Liability (Errors and Omissions):

___ Insurance appropriates to the Contractor or Consultant’s profession, with limit no less than $1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate.

___ (If Design/Build), with limits no less than $1,000,000.00 per occurrence or claim, and $2,000,000.00 policy aggregate.

___ Insurance appropriates to the Contractor or Consultant’s profession, with limit no less than ______ per occurrence or claim, ______ aggregate

Workers’ Compensation Insurance:

__X_ Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease. (Not required if Contractor or Consultant provides written verification it has no employees)

The Employer’s Liability policy shall be endorsed to waive any right of subrogation as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees.

Builder’s Risk (Course of Construction):

Contractor’s or Consultant’s Pollution Legal Liability:

Cyber Liability Insurance

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___ Cyber Liability Insurance with limits not less than $1,000,000 per claim.

Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor or Consultant in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of pr ivate information, alteration of electronic information, extortion, and network security.

The policy shall provide coverage for breach response costs as well as regulatory fines and penalties, and credit monitoring expenses with limits sufficient to respond to these obligations.

Surety Bonds:

Contractor shall provide the following Surety Bonds:

____ Bid Bond
____ Performance Bond
____ Payment Bond

Other Insurance Provisions:

The insurance policies are to contain, or be endorsed to contain the following provisions:

_X_ Additional Insured Status and Primary/Non-Contributory Language:

Contractor’s general liability and automobile liability policies shall be primary and shall not seek contribution from the City’s coverage and be endorsed to add the City and its elected and appointed officials, officers, attorneys, agents employees and volunteers as additional insureds under such policies using Insurance Services Office form CG 20 10 (or equivalent) on the general liability policy. For construction projects, an endorsement providing completed operations coverage for the additional insured on the general liability policy, ISO form CG 20 37 (or equivalent), is also required.

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

___ Loss Payee Status – Builder’s Risk/Course of Construction Insurance (applicable to Construction Contracts only)

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_X_ Notice of Cancellation, Suspension or Otherwise Voiding Policies:

_X_ Waiver of Subrogation:

Contractor or Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor or Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Contractor or Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation Policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Contractor or Consultant, its employees, agents and subcontractors.

___ Completed Operations

For Construction Agreements, Contractor shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following the completion of this project. I n the event Contractor fails to obtain or maintain completed operations coverage as required by this Agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by Contractor.

THE FOLLOWING PROVISIONS APPLY TO ALL AGREEMENTS

Deductibles and Self-Insured Retentions (“SIR”):

All SIRs must be disclosed to Risk Management for approval and shall not reduce the limits of liability.

Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the City.

City reserves the right to obtain a full -certified copy of any insurance policy and endorsements.

Failure to exercise this right shall not constitute a waiver of right to exercise later.

Acceptability of Insurers:

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A -:VII, unless otherwise acceptable to City.

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Claims Made Policies: (note - should be applicable only to professional liability, see below)

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

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

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

4. A copy of the claims reporting requirements must be submitted to the City for review.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractor’s Pollution Liability Policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability Policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Subcontractors:

Contractor or Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

Subcontractor agrees to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under this Agreement and any other contract documents.

Verification of Coverage:

Contractor or Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor or Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Special Risks or Circumstances

City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.

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38077.00180\34047676.2

Failure to Comply:

Each insurance policy required above shall contain or be endo rsed to contain that any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected and appointed officials, officers, attorneys, agents, and employees.

Applicability of Coverage:

174
Item # C15.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Open the Public Hearing and Adopt Resolutions to Approve the Fiscal Year 2022-23 Operating Budget for the City of Milpitas and the Milpitas Housing Authority, Approve the Fiscal Year 2022-23 Gann Appropriations Limit, Authorize Various Financial Actions, Fiscal Policies and Budget Guidelines, Amend the Classification Plan for Alignment with the FY 2022-23 Budget, the Minimum Wage Increase, and Salary Schedules Consistent with Previous Council Action Staff Contact: Lauren Lai, Finance Director, 408-586-3111) Category: PUBLIC HEARING Leadership and Support Services Meeting Date: 6/7/2022
Recommendation: (1) Open the public hearing and move to close the hearing following any speakers; (2) Adopt the following Resolutions: (a) Joint Resolution of the City Council and Milpitas Housing Authority to approve the Fiscal Year 2022-23 Operating Budget the City of Milpitas and the Milpitas Housing Authority, approve the Appropriations Limit, Fiscal Policies and Budget Guidelines and authorizing various financial actions by the City Manager, including approving and authorizing the execution of various contracts and payments over $100,000; (b) Resolution amending Resolution No. 1626, the Classification Plan, to authorize additional positions and amend budgeted allocated positions; (c) Resolution amending Resolution No. 1626, the Classification Plan, to adjust the hourly rate ranges for classifications due to a minimum wage increase pursuant to Ordinance No. 292; (d) Resolution amending Resolution No. 1626, the Classification Plan, to approve the Salary Schedules for all IAFF, Mid-CON, PROTECH, MEA, Miscellaneous Unrepresented and Police Unrepresented Classifications.

Background:

This agenda report is supplemental to the FY2022-23 Proposed Operating Budget (Proposed Budget) and City Manager transmittal letter. It also incorporates the City Council May 10 budget study session (Agenda Report)., wherein staff presented the Proposed Budget and the General Fund 10-Year forecast, recommended changes to the fiscal policies and budget guidelines and various Council referrals, May 17th Council requests and other relevant updates. A public hearing notice was published related to the adoption of the FY 2022-23 budget and the Gann Appropriations Limit.

This proposed budget was developed with the leadership and engagement of the City Council, City management, staff and community. Special thanks to Michael Silveira CIP Manager and Fenny Lei, Budget Manager, for their leadership and dedication to guide their staff and staff in all departments to develop the FY 2022-23 budgets and publish the budget documents.

Analysis:

This staff reports transmits the FY 2022-23 Proposed Budget, documents Council requested changes to the Proposed Budget from May 10 and 17th, additional relevant information and modifications, and various resolutions related to budget adoption. This section will be summarized under four sections: (1) May 10th Budget Study Session Direction (2) Additional Changes Incorporated into Proposed Budget (3) May 17th Council Requests for Additional Consideration and (4) FY2022-23 Mid-year Preview.

May 10 Budget Study Session Direction Incorporated into the Proposed Budget:
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 Solar Panel Feasibility Study ($25,000 General Fund, one-time) – Council approved funding for a feasibility study of solar and backup battery systems at various City facilities including infrastructure costs, market conditions and identifying funding sources including incentives/grants.  Roller Skating Event ($100,000 General Fund, one-time) – Council approved funding a 2-day roller rink event for summer 2023.
 ARPA small business grant program ($70,000 ARPA re-allocation) – Council re-allocated the undistributed $70,000 balance from the hotel assistance program to small business assistance program. This will retain the funding within economic vitality investment area, assist businesses impacted by COVID, and allow for the remaining qualified small businesses to receive a proportional share of the remaining balances of approximately $122,000 ($70,000 re-allocation and $50,000 from first grant lottery). This action will assist 342 small businesses of which 276 from the first grant lottery and 66 from this additional funding.
 Tiny Home Village Feasibility Study ($130,000 Housing Authority Fund 295, one-time) – Council approved funding a Tiny Home Village Feasibility Study as a result of the Homeless Task Force report and further staff research. This study will evaluate the feasibility of a tiny home village as an interim housing program for the unhoused community, with the purpose of transitioning participants to permanent housing.
 Reduce Library funding contribution (-$245,000 General Fund, one-time) - On May 4, 2022, the Santa Clara County Library District (SCCLD) finalized the funding requested from the City for the additional operating hours to be $54,842. This is supplemental information and provides $245,000 of one-time FY2022-23 General Fund resources which have been appropriated amongst these May 10 and 17th line items within this agenda report.

Additional Changes Incorporated into the Proposed Budget:
 Reduce sales tax ($75,000 General Fund) – Based upon the recent 4Q 2021 sales tax analysis, weaker online sales are expected as inflation continues to rise and shoppers shift toward spending more in traditional brick and mortar retailers and/or reduction in overall spending. Based upon this outlook, the Proposed Budget conservatively reduces the sales tax revenue by $75,000 instead of allocating these funds for one-time appropriations.
 CDBG Grant Revenue (-$24,969, HCD Fund 250) - During the FY2022-23 budget development, the CDBG grant was estimated at $685,840 while the final grant amount will be $660,871, which will result in a reduction of $24,969 to the HCD Fund 250.
 Organic Waste Diversion Program and Solid Waste Contract Administration Funding – new rates effective August 1, 2022 – As summarized on May 10th and included in the FY 2022-23 Proposed Budget is the first phase of eliminating the structural deficit in the Solid Waste Fund, which is projected to have insufficient resources by the end of FY 2022-23 to support solid waste programs. The City will charge an administrative fee of $400,000 to MSI, and MSI will incorporate this into their rates, effective August 1, 2022 (previously July 1). $400,000 is approximately 2% (or $0.87) increase per month charge for the typical residential household or $10.50 annually.  Budget Guidelines -- For operational efficiency and especially as it relates to Recreation and Community Services, the Budget Guidelines clarify that the City Manager’s authority pertaining to grants or donation consists of both monetary and non-monetary contributions. Specifically, the proposed budget guideline reads: “The City Manager shall have the authority to accept grants or donations up to $100,000 or less (monetary and non-monetary based upon market value), increase department revenues and appropriations accordingly and execute related agreements as long as no matching funds are required, and/or departments do not require additional funding for ongoing maintenance costs or future replacement costs.”

May 17 Council Requests for Additional Consideration :
 Grant Contributions to Youth Sports ($20,000 General Fund, one-time) – On May 17th, Council requested to bring forward for discussion as part of the adoption of the budget to allocate $20,000 for Youth Sports scholarships for low-income Milpitas resident seeking support to participate in organized youth sports programs in Milpitas. Scholarships could include costs including but not limited to regular and special season enrollment and required gear and equipment. 176
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 Council Training & Travel Expenditure ($25,000 General Fund) -- On May 17th, Council requested to bring forward for discussion as part of the adoption of the budget to increase Mayor and Council Member training & travel appropriation from $5,000 to $10,000 per member. Current funding level limits elected officials to approximately one conference and additional funding will provide relevant enhancements to elected officials’ roles.

FY2022-23 Mid-Year Preview:

The proposed budget includes assumptions and information available as of the date of this report. Staff will continue to monitor key information and in doing so, highlight a few areas that may be updated in the FY2022- 23 mid-year budget report.

 Senior Center Mural ($20,000 Public Art Fund 213, one-time) – On May 17th, Council requested to allocate $20,000 for the Senior Center Mural. If funding is needed from the Public Art Fund, it will be included in the FY2022-23 mid-year budget report.
 Senior Nutrition Program (amount to be determined, General Fund) – The City currently funds a senior nutrition program which relies upon General Fund and CDBG funding. Should the CDBG funding not be awarded and/or insufficient, this program appropriation may be included in the FY2022- 23 mid-year budget report.
 Council Chamber Audio Video System Study – During the FY2023-2027 Milpitas Capital Improvement Program discussions, funding for the Council Chamber Audio and Video (AV) project to replace the AV system was not approved. On May 10, Council provided direction to proceed with Phase One, entailing an assessment of the AV and feasibility analysis, estimated at approximately $200,000. Based on the assessment and condition of the equipment, appropriation may be included in the FY2022-23 mid-year budget report.
 Property Tax – Excess ERAF – The dispute over the residual property tax source entitled “excess ERAF” revenue has developed. (1) The Governor’s May Budget Revision includes a trailer bill that proposes to use local excess ERAF for vehicle license fee (VLF). Legal counsels are reviewing this trailer bill and the State budget adoption in September will determine whether or not this trailer bill is moving forward. (2) The California School Boards Association (CSBA) vs State Controller litigation over the guidance on charter schools held its court hearing on May 20 and the judge’s ruling is pending.

Staff will continue to monitor and provide updates.

FY 2022-23 Citywide Budget Summary (All Funds)
The table below includes the Council requested amendments to the FY 2022-23 Proposed Budget which include the one-time funding and other adjustments listed above. The FY 2022-23 Proposed Budget provides enhanced service levels especially in public safety, public works and infrastructure, and modest investments in internal support departments as well as contract services and part time services to support housing, long term planning, and community services. This is a balanced budget that maintains Council approved reserves and leverages funding from the American Rescue Plan Act (ARPA) to support impacted residents and businesses in our community. We continue transitioning with incremental and measured strategies to maximize City resources and optimize services to the community.

The FY 2022-23 citywide budget of $207.8 million has increased by $12.6 million, or 6.5 percent, in comparison to the Fiscal Year 2021-22 Adopted Budget of $195.2 million. As shown in Table 1 below, the FY 2022-23 Proposed Budget is balanced with $207.8 million in revenues (including Transfers In) and $207.8 million in expenditures (including Transfers Out). The FY 2022-23 revenue across all funds of $207.8 million is a net increase of $12.6 million, or 6.5%, compared to the FY 2021-22 adopted revenue of $195.2 million. This is primarily due to revenues recovering from the Pandemic.

The FY 2022-23 expenditures across all funds of $207.8 million is a net increase of $12.6 million, or 6.5%, compared to FY 2021-22 adopted expenditures of $195.2 million. This is primarily due to proposed service enhancements, an increase in Capital Improvement Program funding, and scheduled salary increases. Also to note, the Housing Authority budget variance is primarily due to clerical over estimation of prior year budget 177
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appropriation.

Table 1 – FY 2022-23 Citywide Budget Summary (All Funds) Citywide Revenues and other Financing Sources

FY 2021-22
Adopted Budget FY 2022-23
Proposed Budget
% Change from
Prior Year Adopted
General Fund $110.8 $117.7 6.2%
Housing Authority 1.0 0.7 (30.0)%
Other Funds 16.4 16.0 (2.4)%
Water Fund 31.5 34.1 8.3%
Sewer Fund 21.8 23.7 8.7%
Net Operating Funds Total 172.9 192.2 11.2%

Capital Projects Funds 13.7 15.6 13.9%
Total $195.2 $207.8 6.5%
Citywide Expenditures
FY 2021-22
Adopted Budget
FY 2022-23
Proposed Budget
% Change from
Prior Year Adopted
Personnel Services $99.5 $105.9 6.4 %
Supplies & Contractual Services 55.8 60.1 7.7%
Capital Outlay 1.0 2.1 110.0%
Operating Transfers Out 12.1 11.0 (9.1)%
Subtotal 166.6 179.1 6.9%

Capital Improvements 22.3 24.0 7.6%
Debt Service 4.5 4.7 4.4%
Total $195.2 $207.8 6.5%

The FY 2021-22 Amended Budget funded position count increased by 9 positions from 415.50 full-time equivalent (FTEs) to 424.50 FTEs. As shown in Table 2 below, the FY 2022-23 Budget proposes to increase the position count by 16 FTEs, which includes the restructure of City Attorney Office, to 440.50 FTEs.

Table 2 – FY 2022-23 Funded Position Summary by City Service Area

FY 2022-23 General Fund Budget
This is a balanced budget for FY 2022-23 General Fund of $117.7 million which maintains Council approved reserves and leverages funding from the American Rescue Plan Act to support impacted residents and 178
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businesses in our community. The Fiscal Year 2022-23 General Fund revenues are estimated at $117.7 million, an increase of $6.9 million, or 6.2 percent higher in comparison to the FY 2021-22 revenue estimate of $110.8 million. The increase in revenue is primarily due to estimates from Sales Tax ($1.8 million), and charges for services ($1.7 million) such as fees related to recreation activities, licenses, permits and fines ($1.2 million) and Property Tax ($1.4 million).

The Fiscal Year 2022-23 General Fund expenditures of $117.7 million are $6.9 million, or 6.2% higher, in comparison to the Fiscal Year 2021-22 General Fund expenditures of $110.8 million primarily due to increases in salaries and benefits ($5.1 million), capital outlay ($0.4 million), debt service ($0.2 million) and services and supplies ($1.2 million). The increases in salary and benefits include scheduled wage increases ($2.4 million),

3.0 restored positions ($0.4 million) and 13 additional positions ($2.3 million).

As shown in Table 3 below, the five-year General Fund forecast shows a structurally balanced budget.

Table 3 – Five-Year General Fund Forecast

FY 21-22
Adopted
Budget
FY 22-23
Proposed
Budget
FY 23-24
Forecast
FY 24-25
Forecast
FY 25-26
Forecast

FY 26-27
Forecast
Revenues $110.80 $117.7 $123.9 $130.0 $134.3 $138.7
Expenditures (110.80) (117.7) (122.5) (126.7) (130.4) (135.1) Annual Surplus/ (Deficit) $0 $0 $1.4 $3.3 $3.9 $3.7

Budget and Other Resolutions
The FY 2022-23 Budget and related recommendations are approved by various resolutions as discussed below.

Budget Adoption Joint Resolution
With the adoption of the attached Joint Resolution of the City Council and Milpitas Housing Authority, the City Council approves the FY 2022-23 Operating Budget for the City of Milpitas and the Milpitas Housing Authority as amended in this staff report per previous Council direction. Further, through the joint resolution, the Council also approves the Gann Appropriations Limit, fiscal policies and authorizes various financial actions, including the authority to award certain contracts with amounts above $100,000, the City Manager may take during FY 2022-23. The staff report for the May 10, 2022 budget study session (agenda report) details the fiscal policy and budget guideline and City Manager authority recommendations.

An attachment to the joint budget resolution identifies a list of contracts with an estimated not-to-exceed amount above the City Manager’s contract approval authority of $100,000 as well as annual payments in excess of $100,000 for insurance and utilities. Funding for these contracts has been incorporated into the proposed budget and/or the approved five year CIP. As part of the adoption of this budget, staff is seeking authority to award these contracts and make certain payments. The list includes annual routine contracts (e.g.:
annual Operations and Maintenance for digital radio system with the Silicon Valley Regional Interoperability Authority), contracts with specific funding items related to this budget (e.g.: Valley Water wholesale water purchase), and contracts related to capital improvement projects.

The Gann Appropriations Limit – Article XIIIB of the California State Constitution, more commonly referred to as the Gann Initiative or Gann Appropriations Limit, was approved by California voters in November 1979 and placed limits on the amount of proceeds of taxes that state and local governmental agencies can receive and spend each year. If an agency receives more revenue than the Appropriations Limit, the excess revenue must be returned to the taxpayers through a tax reduction or refund within the next two years. Alternatively, the agency can increase its Appropriations Limit through voters’ approval. 179
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Based on the attached analysis, using the population and per capita personal income change factors provided by the State of California, the City’s Appropriations Limit for FY2022-23 has been computed to be $129,057,419. Appropriations subject to the limitation in FY2022-23 budget total $86,163,597 which is $42,893,822 less than the computed limit. The City has not exceeded its annual Appropriations Limit in any single fiscal year since this requirement was approved by the voters in 1979.

Personnel Related Resolutions
Based on the FY 2022-23 Proposed Budget as amended in this agenda report based on Council direction, staff is bringing forward several personnel related resolutions to amend the classification plan for all employees as it relates to authorized positions, changes to hourly rate ranges for certain classifications due to an increase in the City’s minimum wage, and salary schedule amendments based on previous Council direction consistent with MOUs for the various bargaining groups.

Authorized positions – This resolution aligns the number of positions on the Authorized Position List and amends specific budgeted positions consistent with the FY 2022-23 Proposed Budget by adding 13 additional budgeted FTEs, restoring 3 FTEs and amending titles for 3 budgeted FTEs to reflect the position responsibilities and reclassify 2 FTEs.

Minimum Wage Adjustments – This resolution adjusts the hourly rate ranges upwards of 7 classifications with the bottom of the hourly range set at the new minimum wage of $16.40 per hour. Consistent with the City Council approved ordinance, the minimum wage is scheduled to increase by $0.75 from $15.65 to $16.40 by July 3, 2022 based on the February 2022 annual CPI increase for the San Francisco, Oakland, San Jose Metropolitan Statistical Area.

Salary Schedules for Council Approved Wage Increases – This resolution is required per the California Code of Regulations § 570.5. Per State law, the City is required to bring all pay schedules before the governing board for review and approval. The updated salary schedules reflect a contractual 3% wage increase effective July 3, 2022 for employees represented by the Municipal Employee Association (MEA) and Professional and Technical Group (PROTECH), 2% for Mid-Management and Confidential Unit (MidCON) and Unrepresented Miscellaneous and Unrepresented Management employees, 2.5% for Milpitas Police Officers Association (MPOA) and Unrepresented Police employees. The International Association of Firefighters (IAFF) contractual 2% wage increase and related Unrepresented Fire employees will be updated effective at the beginning of January 2023.

Fiscal Impact:

The FY 2022-23 Budget for City of Milpitas and the Milpitas Housing Authority, upon adoption, for all funds including debt service, will be $207.8 million.

Recommendations:
1) Open the public hearing and move to close the hearing following any speakers. 2) Adopt the following Resolutions:
a. Joint Resolution of the City Council and Milpitas Housing Authority to approve the Fiscal Year 2022-23 Operating Budget the City of Milpitas and the Milpitas Housing Authority, approve the Appropriations Limit, Fiscal Policies and Budget Guidelines and authorizing various financial actions by the City Manager, including Approving and Authorizing the Execution of Various Contracts and Payments over $100,000.
b. Resolution amending Resolution No. 1626, the Classification Plan, to authorize additional positions and amend budgeted allocated positions.
c. Resolution amending Resolution No. 1626, the Classification Plan, to adjust the hourly rate ranges for classifications due to a minimum wage increase pursuant to Ordinance No. 292. d. Resolution amending Resolution No. 1626, the Classification Plan, to approve the Salary Schedules for all IAFF, Mid-CON, PROTECH, MEA, Miscellaneous Unrepresented and Police Unrepresented Classifications.

Attachments: 180
Item # 16.

1. Joint Resolution to approve the Fiscal Year 2022-23 Operating Budget for the City of Milpitas and the Milpitas Housing Authority, approve the Appropriations Limit, and authorize various financial actions by the City Manager, including Approval of Contracts and Payments over $100,000.

2. Exhibit 1 FY22-23 Gann Limit

3. Exhibit 2 Contracts over $100,000

4. Resolution amending the Classification Plan to adjust the number of positions on the Authorized Position List, amend specific budgeted, allocated positions and establish classification title changes.

5. Resolution amending the Classification Plan to amend the hourly rate and ranges for classifications due to a minimum wage increase pursuant to the minimum wage ordinance.

6. Resolution approving the Classification Plan and approving the Salary Schedules for all IAFF, Mid- Management Confidential, PROTECH, Miscellaneous Unrepresented and Fire Unrepresented Classifications.

7. Exhibit 1 Salary Schedule

8. Location of the Fiscal 2021-22 Proposed Budget and May 10, 2022 Agenda Report 181
Item # 16.

RESOLUTION NO. ____

A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS AND THE

HOUSING AUTHORITY COMMISSION OF THE CITY OF MILPITAS APPROVING THE FY 2022-23 OPERATING BUDGET FOR THE CITY OF MILPITAS AND THE MILPITAS HOUSING AUTHORITY, THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2022-23,

FISCAL POLICIES, AND BUDGET GUIDELINES, AND AUTHORIZING VARIOUS

FINANCIAL ACTIONS BY THE CITY MANAGER, INCLUDING APPROVING AND

AUTHORIZING THE EXECUTION OF VARIOUS CONTRACTS AND PAYMENTS OVER $100,000
WHEREAS, the City Manager has submitted a FY 2022-23 Proposed Budget and Financial Plan; and
WHEREAS, on June 7, 2022, a public hearing on the Proposed Budget and Financial Plan was opened where all interested persons were heard; and
WHEREAS, the City Council and Milpitas Housing Authority Commission (“Authority”) reviewed the City Manager’s FY 2022-23 Proposed Budget and Financial Plan; and WHEREAS, the first year, or FY 2022-23, of the CIP is a part of the 2022-23 Proposed Budget and Financial Plan; and
WHEREAS, Article XIIIB, Section 1, of the Constitution of the State of California requires that total annual appropriations subject to limitation of the City of Milpitas shall not exceed the appropriations limit of the City for the prior year adjusted for changes in the cost of living and population except as otherwise provided, also referred to as the Gann Appropriations Limit; and WHEREAS, this Article became effective July 1, 1980, as ame nded, which requires the City to establish its appropriations limit by resolution each year at a regularly scheduled meeting or a noticed special meeting, commencing after the beginning of each fiscal year; and WHEREAS, the appropriations base for 1978-79 had been determined and since adjusted by the changes in population, cost of living, and transfers of financial responsibility, establishing an appropriations limit for fiscal year 2022-23 of $129,057,419; and WHEREAS, the calculations for the appropriations limit are included as part of the budget document materials being considered and approved by the City Council as part of this Resolution; and WHEREAS, documentation used in determining the appropriations limit has been made available to the public for a period of not less than fifteen (15) days prior to City Council consideration of this Resolution; and
WHEREAS, the budget document contains fiscal policies that the City Council has reviewed and approved and whic h are updated from time to time, as follows: General Financial Goals, Operating Budget Policies, Revenue and Expenditure Policies, Utility Rates and Fees, Capital Budget Policies, Debt Policies, Reserve Policies, Investment Policies, and Accounting/Auditin g and Financial Reporting Policies; and
WHEREAS, the budget document contains budget guidelines that the City Council has reviewed and approved and which are updated from time to time, as follows: Basis of Budgeting; Budget Calendar requirements; form and content of the City Manager's Proposed Budget; adoption of the Budget by June 30th; the City Manager’s budget authority; requirement that budget amendments be approved by the City Council; budget transfers and modification procedures; automatic adjustmen ts and re -appropriations; budget monitoring and reporting; and reserve requirements for all funds. 182
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Resolution No. ___ 2
NOW, THEREFORE, the City Council of the City of Milpitas and the Milpitas Housing Authority Commission hereby find, determine, and resolve as follows:

1. The City Council and Authority have considered the full record before them, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to them. Furthermore , the recitals set forth above are found to be true and correct and are incorporated herein by reference.

2. The annual Budget and Financial Plan, as attached in the City Council meeting packet, inclusive of capital improvement appropriations, for the City of Milpitas for fiscal year 2022-23 is hereby affirmed and adopted totaling $207,805,203 for all appropriated funds.

3. The amounts shown as “Appropriations” and estimated fund balances are hereby approved for the various purposes designated in the 2022-2023 Adopted Budget.

4. The budgets for all departments for the period July 1, 2022 through June 30, 2023, inclusive, contained in this 2022-23 Adopted Budget, are approved as the operating budget for those departments for fiscal 2022-23.

5. The appropriations limit for fiscal year 2022-2023 shall be $ 129,057,419 as shown in Exhibit 1.

6. Pursuant to Government Code Section 7910, no judicial action or proceeding to attack, review, set aside, void, or annual the action of the City Council in estab lishing the appropriations limit for fiscal year 2022-2023 shall be brought unless such action or proceeding shall have been commenced within forty-five (45) days of the date of adoption of this Resolution.

7. Any unused non-salary and benefits-related appropriations at the end of fiscal 2021-2022 may be re-appropriated for continued use in fiscal year 2022-23 subject to the approval of the City Manager. Furthermore, any outstanding contract and/or purchase order obligations (or encumbrances) remaining at the end of FY 2021-2022 are subject to carry-over into FY 2022-23.

8. Subject to any grant restrictions, unspent appropriations that are authorized and funded by grant revenues from prior fiscal year will automatically be carried over to current year’s budg ets.

Unspent City funded grant appropriations from prior fiscal year will automatically be carried over to the current year’s budgets.

9. As part of year -end closing of the budget, previously appropriated capital project funds will be automatically carried fo rward to the next fiscal year for the same capital project until the project is closed out.

10. No office, department, or agency shall expend any amount or incur any liability or enter into any contract, which by its terms involves expenditures of money for any purpose in excess of the amounts appropriated for the particular departments, and funds set forth herein.

11. The City Manager may authorize, when in his or her judgment such action is consistent with the purposes and intent of the 2022-2023 Adopted Budget a s approved, budget revisions subject to the following conditions:

Prior Council Approval Not Required. Prior approval of the City Council is not required under the following circumstances:
i. When revisions involve transfers from the Unanticipated Expenditure Reserve less than or equal to the aggregate amount adopted within the budget in any one fiscal year ($1,140,000 in FY 2022-23), provided that the Council is notified in writing of the revision, giving the reason, the amount of the revision and the year-to-date total amount of revisions as part of the quarterly financial reports.
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Resolution No. ___ 3
ii. When revisions involve transfers from the appropriated leave cash-out account less than or equal to the aggregate amount adopted within the budget in any one fiscal year ($650,000 in FY 2022-23) to the various departments for cash -outs when employees leave City service.
iii. When revisions involve transfers, or reallocations, within any one fund among the various departments or projects, provided that the amount of transfer in an y single instance does not exceed $100,000.
iv. When revisions involve reasonable deviation from the budgeted personnel allocation schedule, provided that at no time the number of permanent funded positions authorized by the City Council is exceeded.
v. When revisions involve hiring full -time employees in overstrength positions for no more than one year as long as appropriations are not exceeded to ensure adequate staffing levels for sworn positions, facilitate training of new employees by the outgoing incumbent or respond to urgent staffing needs.
vi. When revisions involve adding/deleting positions or moving positions between departments to respond to organizational needs, as long as the number of permanent funded positions and the approved personnel cost appropriations remain the same. vii. When revisions involve allocating, redistributing and/or appropriating monies between department and non-department divisions so as to reflect budgetary savings in one or more departments.
viii. For Police goods and services to be purchased from Asset Seizure funds, the City Manager or his/her designee, has the authority to purchase such goods or services if the expenditures of such goods and services do not exceed the amount designated from Asset Seizure funds as approved by the City Council during the Budget hearing. ix. To use judgment to modify citywide administrative financial policies and procedures from time to time that are consistent with municipal government best practices unless those policies would otherwise be in conflict with the budget provisions incorporated in this Resolution or the City’s Municipal Code.
x. Exhibit 2 lists contracts and payments that are specifically identified in the budget document and materials enclosed herein. None of these contracts require a formal, public bidding process. The list of contracts and payments is hereby approved and the City Manager is authorized to execute and enter into these contracts and make these payments during fiscal year 2022-23 up to the amounts listed by contract or payment in Exhibit 2.

12. Prior Council Approval Required. Prior approval of the City Council is required for revisions to the 2022-2023 Final Budget as adopted if any of the following are involved:
i. An increase in overall appropriation level within any one Fund. ii. The transfers or reallocation of appropriations greater than $100,000 between different Funds, except not for reallocations between subfunds within one Fund. iii. Changes providing for increases or decreases in funded permanent personnel counts in the adopted Budget.
iv. Contract change orders which would cause the aggregate contract amount to exceed $100,000 and/or exceed prior approved appropriation levels for the subject contract. 184
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Resolution No. ___ 4
v. Transfers from Unanticipated Expenditure Reserve, which would cause the aggregate amount of $1,140,000 during fiscal year 2022-23, to be exceeded. vi. Result in changes not consistent with the purpose and intent of the Budget as adopted.
vii. Require an appropriation action from any unassigned fund balances or reserves.

13. Information establishing the current budget situation and steps to be taken to present balanced City Budgets have been presented during the public hearing on this meeting June 7, 2022, and in prior budget presentations.

14. The approval of the 2022-23 Adopted Budget, including the au thority to enter into any contract, make payments, or undertake other actions, does not commit the City to any action that may have significant effect on the environment. This is because the actions are financial or administrative and do not directly impac t the environment or the environmental impacts of any action would be speculative to analyze at this time. As a result, there is no potential impact on the environment from this action per Section 15061(b) (3) of the California Environmental Quality Act (“CEQA”) Guidelines and this action does not constitute a project under CEQA per CEQA Guidelines Section 15378(b)(4). Although the budget does authorize certain types of contracts to be entered into, none are anticipated to have any environmental impact at the time of entering into the contract, and if ultimately leading to a project that could impact the environment, the impacts of that action will be analyzed once the project is designed and the analysis is no longer speculative.

PASSED AND ADOPTED this ______ day of _________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

____________________________ ______________________
Wendy Wood, City Clerk Rich Tran, Mayor

APPROVED AS TO FORM:

____________________________
Michael Mutalipassi, City Attorney
185
Item # 16.

Gann Appropriations Limit Analysis
Article XIIIB of the California State Constitution, more commonly referred to as the Gann Initiative or Gann Appropriations Limit, was approved by California voters in November 1979 and placed limits on the amount of proceeds of taxes that state and local governmental agencies can receive and spend each year. If an agency receives more revenue than the Appropriations Limit, the excess revenue must be returned to the taxpayers through a tax reduction or refund within the next two years. Alternatively, the agency can increase its Appropriations Limit through voters’ approval.

Each year’s limit is based on the amount of tax proceeds that were authorized to be spent in Fiscal Year 1978-79 in each agency, modified for changes in inflation and population in each subsequent year. The City Council must adopt, by resolution, an Appropriations Limit for the following year. Using the population and per capita personal income change factors provided by the State of California, the City’s Appropriations Limit for FY2022-23 has been computed to be $129,057,419. Appropriations subject to the limitation in FY2022-23 budget total $86,163,597 that is $42,893,822 less than the computed limit.

The following chart shows the annual Appropriations Limit and the tax proceeds received since Fiscal Year 2013-14. The amounts for Tax Proceeds have been restated to exclude Franchise Fees, which were inadvertently included in the past, which is inconsistent with the law. The City has not exceeded its annual Appropriations Limit in any single fiscal year. The City has been under 80% of the limitation and should not be impacted by the Appropriations Limit.

Fiscal Years
In Millions
City of Milpitas Annual Appropriations Limit
13-14 14-15 15-16 16-17 17-18 18-19 19-20 20-21 21-22 '22-23 0 25
50 75
100
125
150
Limit Tax Proceeds
*In prior years, Franchise Fees were inadvertently included in the calculation of the tax proceeds, which is inconsistent with the law. This chart has been corrected to show only tax proceeds subject to the limit.

Financial Information
City of Milpitas 83
186
Item # 16.

Approval of FY 2022-2023 Budget Contracts/Payments over $100,000

1. FY 2022-23 Operating Budget
Department
Name
Contractor Name
(If known) or
Type of Contract
Description of
Contract/Payment
Estimated
Amount
Fund
Building Safety &
Housing Dept.

Raimi &
Associates, Inc.

Consulting Services for
2023-2031 Housing
Element
$431,710
Affordable
Housing Fund
Building Safety &
Housing Dept.

Municipal Plan
Check Svcs
Building Safety Services $100,000
General Fund
Building Safety &
Housing Dept.

True North
Compliance
Services
Building Safety Services $100,000
General Fund
Building Safety &
Housing Dept.

City of San Jose -
Animal Services
Animal Services
Contract
$510,000 Building Safety &
Housing Dept.

Building Safety &
Housing Dept.

Sunnyhills
Investors LLC
Sunnyhills
Reimbursement
$250,000 Housing
Authority Fund
Building Safety &
Housing Dept.

Julie Leadbetter Tiny Home Village
Feasibility Study
$130,000 Housing
Authority Fund
Finance PLAN JPA Liability/Cyber
Insurance
$2,370,000 General Fund
Water Fund
Sewer Fund
Housing
Authority Fund
Equipment Fund
Finance PLAN JPA Attorney Fees for
Claims/Lawsuits
$150,000 General Fund
Finance PG&E Utility - Electric $2,930,005 General Fund Sewer Fund
Water Fund
Finance Chandler Investment Portfolio
Management
$158,000 General Fund
Finance Integrys Utility - Gas $225,000 General Fund
Finance Brown & Brown Excess Insurance $349,712 General Fund Human Resource Sedgwick Third Party
Administrator for
Worker’s
Compensation
$132,600 General Fund
Information
Technology
Cayenta Enterprise Financial
System
$184,000 General Fund
Sewer Fund
Water Fund
Police
County of Santa
Clara
Crime Lab Major Case
Evidence Examination $190,807 General Fund
Police
Silicon Valley
Regional
Silicon Valley Regional
Communications $126,624 General Fund
187
Item # 16.

Interoperability
Authority
Systems (SVRCS) -
Annual Operations and
Maintenance for digital
radio system
Police
Axon Enterprise,
Inc.

Police Body Worn
Cameras / Tasers /
Cloud Storage $182,636 General Fund
Public Works SFPUC
FY 2022-2023
Wholesale Water
Purchase $14,576,248 Water Fund
Public Works City of San Jose
FY 2022-2023 WPCP -
O&M $6,882,265 Sewer Fund
Public Works Valley Water
FY 2022-2023
Wholesale Water
Purchase $5,563,349 Water Fund
Public Works City of San Jose
FY 2022-2023 Recycled
Water Purchase $1,699,496 Water Fund
Public Works Brightview
Park maintenance
services $1,295,050
General Fund /
CFD
Public Works
Cupertino
Sanitary District
Common Interest
Group legal services $1,000,000 Sewer Fund
Public Works
Merrimac
Petroleum Inc.

FY 2022-2023 Diesel &
Unleaded Fuel $477,616
Equipment
Replacement
Fund
Public Works
West Coast
Arborist
Tree maintenance
services $383,353
General Fund /
CFD
Public Works Nova Janitorial services $376,828 General Fund Public Works
Enterprise FM
Trust
FY 2022- 2023 Fleet
Lease Agreement $168,000 General Fund
Public Works BAWSCA
Bay Area Water Supply
and Conservation
Agency (BAWSCA)
membership $163,800 Water Fund
Public Works City of Sunnyvale
Santa Clara Valley
Urban Runoff Pollution
Prevention Program $153,892 General Fund
Public Works Brightview
Facilities landscape
maintenance $116,260 General Fund
Recreation
County of Santa
Clara "SNP"
Senior Nutrition
Program $130,000
GT1007-162-
4226
Recreation
TRIO Community
Meals
Senior Nutrition
Program Meals $110,000
GT1007-162-
4226

2. FY 2022-23 Capital Improvement Program (CIP) Budget
188
Item # 16.

Department
Name
CIP Project
No. & Name
Description of Contract Estimated
Amount
Fund
Community
Improvement
CIP New - Fire
Station No. 1
Modular
Building
New Design/Professional
Services Agreement to
obtain a consultant to
provide design services
the for removal and
replacement of modular
classroom/office building
at Fire station No.1. $250,000 General Gov. CIP Fund
Community
Improvement
CIP 3447 -
Fire Station
No. 2
Replacement
Amendment to the Lease
Agreement between the
City and Casetronic
Engineering Group for
the Temporary Fire
Station No. 2 facility
located at 1126 Yosemite
Drive to extend lease for
6 months. The aggregate
contract amount exceeds
$100,000. $100,000
Revenue Bond/General
Gov. CIP Fund
Community
Improvement
CIP 3447 -
Fire Station
No. 2
Replacement
Amendment to the
Design Service
Agreement between the
City and Shan Kawasaki
Architects for additional
construction
administration for the
Fire Station 2 Project.

The aggregate contract
amount exceeds
$100,000. $150,000
Revenue Bond/General
Gov. CIP Fund
Community
Improvement
CIP 3447 -
Fire Station
No. 2
Replacement
Amendment to the
Professional Service
Agreement between the
City and Swinerton
Management &
Consulting for continuing
Construction
Management Services.

The aggregate contract
amount exceeds
$100,000. $150,000
Revenue Bond/General
Gov. CIP Fund
Park
Improvement
CIP 2005
Lower
Penitencia
Creek
New Design/Professional
Services Agreement to
obtain a consultant to
provide design services $200,000 TASP Impact Fees
189
Item # 16.

Pedestrian
Bridge
for a new pedestrian
bridge at McCandless
Park.

Park
Improvement
CIP 3491
Cardoza Park
Softball Fields
Improvement
New Design/Professional
Services Agreement to
obtain a consultant to
provide design services
for new softball field
improvements at
Cardoza Park. $500,000
General Gov. CIP Fund,
Park Improvement Fund
Park
Improvement
CIP 3501
ARPA Park
Rehabilitation
- Engineering
New Design/Professional
Services Agreement to
obtain a consultant to
provide design services
for ARPA funded
improvements at 20 City
Parks. $500,000 Grants (APRA Funds)
Park
Improvement
CIP 5055
Alviso Adobe
Renovation
Amendment to the
Design/Professional
Services Agreement
between the City and
Page & Turnbull for
additional construction
services, training, and
programing related to
media and exhibits for
the interior renovation of
the Alviso Adobe
building. The aggregate
contract amount exceeds
$100,000. $150,000 General Gov. CIP Fund
Street
Improvement
CIP 4297 -
Citywide
Traffic
Modeling
New Design/Professional
Services Agreement to
obtain a consultant to
complete a Citywide
traffic operation model
of current conditions and
future 10-year horizon to
assess motor vehicle
traffic level-of-service at
key roadway corridors
and intersections to
identified roadway
improvements to
improve level-of-service. $400,000 Gas Tax
Street
Improvement
CIP 4293
Citywide
New Design/Professional
Services Agreement to $400,000 Gas Tax
190
Item # 16.

Traffic Safety
Assessment
obtain a consultant to
complete a Citywide
traffic safety assessment
to analyze and identify
locations of safety
concerns and to provide
a safety mitigation plan.

Street
Improvement
CIP 2016 S.

Milpitas Blvd.

Vehicle Bridge
at Penitencia
New Design/Professional
Services Agreement to
obtain a consultant to
provide design services
for a new vehicle bridge
over Penitecia Creek
including between new
connecting roadway at
Sango Ct. and Tarob Ct. $700,000 TASP Impact Fees
Street
Improvement
CIP 2016 S.

Milpitas Blvd.

Vehicle Bridge
at Penitencia
& CIP 2018
Montague
Ped.

Overcrossing
at Penitencia
Amendment to the
Professional Service
Agreement between the
City and David J. Powers
& Associates for
additional environmental
review and permitting,
and update the Initial
Study and Mitigated
Negative Declaration.

The aggregate contract
amount exceeds
$100,000. $150,000 TASP Impact Fees
Street
Improvement
CIP 2018
Montague
Ped.

Overcrossing
at Penitencia
New Design/Professional
Services Agreement to
obtain a consultant to
provide design services
for a new pedestrian
bridge overcrossing at
Montague expressway. $2,000,000 TASP Impact Fees
Street
Improvement
CIP 3402
McCarthy
Blvd. LLMD
95-1 and CIP
3411 Sinclair
LLMD 98-1
New Design/Professional
Services Agreement to
obtain a consultant to
provide design services
for the renovation of the
lighting and irrigation
system of the LLMDs. $200,000 LLMD
Street
Improvement
CIP 4304 -
Street
Resurfacing
Design/Professional
Services Agreement to
obtain a consultant to
provide design services $600,000
Gas Tax Fund, Measure B,
SB1 RMRA, Vehicle
Registration Fee
191
Item # 16.

Project 2022-
2023
for FY2023-24 street
resurfacing project.

Water
Improvement
CIP 7076 -
Well Upgrade
Project
Design/Professional
Services Agreement to
obtain a consultant to
provide design services
for potable water Well
facilities at McCandless
Park. $2,000,000 Water Capital Surcharge
Storm Drain
& Water
Improvement
CIP 7118 -
Dempsey
Water Line
Project
New Design/Professional
Services Agreement to
obtain a consultant to
provide design services
for water main
improvements on
Dempsey Road. $700,000 Water Capital Surcharge
Water
Improvement
CIP 3709 -
Dempsey
Storm Drain
Line Project
New Design/Professional
Services Agreement to
obtain a consultant to
provide design services
for storm drain
improvements on
Dempsey Road. $500,000 Storm Drain Fee
Sewer
Improvement
CIP 6131 -
Sanitary
Sewer
Cathodic
Protection
Improvement
Design/Professional
Service Agreement to
obtain a consultant to
provide an assessment of
the sewer force main "A"
from Milpitas Main
Sewer Lift Station to San
Jose/Santa Clara Regional
Waste Water Facility. $600,000
Sewer Infrastructure
Fund, Sewer Fund
Public Safety
CIP 3459 -
ALPRs and
Security
Cameras
ALPR cameras-Flock
Safety $117,500
General Government CIP
Fund,
Grants/Reimb./Developer
Fees
Public Safety
CIP 3423 -
Police
Records
Management
System
Police Records
Management System-
Mark43 $162,476
General Fund, General
Government CIP Fund
Sewer
Improvement
CIP 6118 SJ -
SC Regional
Waste Water
Facility
City of Milpitas cost
share amount with City
of San Jose for rehab
improvements to RWF $11,790,000
Sewer Infrastructure
Fund, Sewer Treatment
Fund
192
Item # 16.

Community
Improvement
CIP 3503 -
Landmark
Policy -
Historic
Resource
Master Plan
Update and
Marker
Program
Consultant for Update to
Historic & Cultural
Resources Plan $100,000
General Government
Fund
Community
Improvement
CIP 3489 -
Public Art
Project
Consultant for Public Art
Master Plan &
Maintenance Assessment $150,000 Public Art Fund

193
Item # 16.

RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING RESOLUTION NO. 1626, THE CLASSIFICATION PLAN, TO AUTHORIZE ADDITIONAL POSITIONS, AND AMEND

BUDGETED ALLOCATED POSITIONS

WHEREAS, the City of Milpitas has a Classification Plan adopted as Resolution No. 1626 on December 17, 1968, which has been amended from time to time, and which is in accordance with the Personnel Rules and Regulations of the City of Milpitas (Resolution No. 792 as amended); and

WHEREAS, amendments to the Classification Plan are necessary to account for changes within the organization, transfer of duties, new job responsibilities, and adjustments to salary ranges; and

WHEREAS, the annual budget process necess itates changes in position authorizations that result from modifications made to the Classification Plan.

NOW THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:

2. Resolution No. 1626, as amended, is hereby further amended effective July 3, 2022, as set forth below. If any of the below-mentioned groups or classifications receive a cost of living adjustment separate from the adoption of the 2022-23 budget, that same percentage amount and effective date will be applied accordingly pursuant to the applicable bargaining unit agreement (s) for the below -listed classification salary ranges by further Resolution.

A. AUTHORIZE THE FOLLOWING POSITIONS:

Add One (1) FTE Administrative Analyst I/II - Fire Department Add One (1) FTE Police Evidence Technician – Police Department Add One (1) FTE Principal Engineer – Engineering Department Add One (1) FTE Junior/Assistant Engineer – Engineering Department Add Two (2) FTE Maintenance Worker I/II - Public Works Department Add Four (4) FTE Maintenance Assistant – Public Works Department (limited term) Add One (1) FTE City Attorney – City Attorney’s Office
Add One (1) FTE Assistant City Attorney – City Attorney’s Office Add One (1) FTE Legal Assistant – City Attorney’s Office

B. AMEND THE FOLLOWING BUDGETED ALLOCATED POSITIONS:

Restore One (1) FTE Equipment Maintenance Worker III – Public Works Department Restore One (1) FTE Recreation Services Assistant III - Recreation & Community Services Department Restore One (1) FTE Financial Analyst I/II - Finance Department

C. RETITLE THE FOLLOWING BUDGETED ALLOCATED POSITIONS:

Retitle Sr. Information Analyst/Dev to Business Systems Analyst/Developer Retitle Housing Manager to Senior Administrative Analyst Retitle City Council to Councilmember

D. RECLASSIFY THE FOLLOWING BUDGETED ALLOCATED POSITIONS:

Reclassify One (1) FTE Information Technology Manager to Deputy Inform ation Technology Director – Information Technology Department
194
Item # 16.

Resolution No. ___ 2
Reclassify One (1) FTE Assistant Planner to Administrative Analyst II – Building Safety and Housing Department

PASSED AND ADOPTED this ______ day of _________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

____________________________ ______________________
Wendy Wood, City Clerk Rich Tran, Mayor

APPROVED AS TO FORM:

____________________________
Michael Mutalipassi, City Attorney
195
Item # 16.

RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING RESOLUTION NO. 1626, THE CLASSIFICATION PLAN, TO ADJUST HOURLY RATE

RANGES FOR CLASSIFICATIONS DUE TO A MINIMUM WAGE INCREASE PURSUANT TO ORDINANCE NO. 292

WHEREAS, salary increases granted to temporary classifications pursuant to changes in Resolution No. 6598, the Resolution providing compensation for unrepresented part -time temporary employees, have been incorporated into Resolution No. 1626, the Classification Plan.

WHEREAS, amendments to the Classification Plan are necessary to account for changes within the organization, transfer of duties, new job responsibilities, and adjustments to salary ranges; and

WHEREAS, the City of Milpitas local minimum wage ordinance, Ordinance No. 292, established the minimum wage hourly rate effective July 1, 2021 as $15.65 per hour; and

WHEREAS, the City of Milpitas updated its minimum wage ordinance effective July 1, 2021; and

WHEREAS, the City must update its hourly rate for certain classifications currently below the $16.40 hourly rate in conformance with Ordinance No. 292.

NOW THEREFORE , the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:

2. The table below contains hourly wage adjustments for classifications that are currently below the minimum wage of $16.40 per hour with the exception of the Adult Crossing Guard Supervisor.

3. Resolution No. 1626, as amended, is hereby further amended to adjust the hourly rate ranges for the below listed classifications effective July 1, 2022, as follows:

FROM TO
Title Step A Top Step Step A Top Step
Adult Crossing Guard $ 15.65 - $ 18.46 $ 16.40 - $ 19.57 Adult Crossing Guard Supervisor $ 17.71 - $ 21.21 $ 17.71 - $ 22.93 Lifeguard $ 15.65 - $ 21.56 $ 16.40 - $ 22.85 Recreation Admin. Assistant $ 15.65 - $ 21.56 $ 16.40 - $ 22.85 Recreation Attendant $ 15.65 - $ 21.56 $ 16.40 - $ 22.85 Recreation Leader $ 15.65 - $ 21.56 $ 16.40 - $ 22.85 Staff Assistant $ 15.65 - $ 24.64 $ 16.40 - $ 25.38 Student Intern $ 15.65 - $ 24.64 $ 16.40 - $ 25.38 196
Item # 16.

Resolution No. ___ 2

4. These adjusted hourly rate ranges will be include d in the All Job Classifications/Salary Table attached to the June 10, 202 2 Resolution of the City Council of the City of Milpitas amending Resolution No. 1626, the Classification Plan, to Adjust the Salary Schedules for all IAFF, MidCon, ProTech, Miscellaneous Unrepresented , Fire Unrepresented Classifications and Police Unrepresented Classifications.

PASSED AND ADOPTED this ______ day of _________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

__________________________ __ ______________________ Wendy Wood, City Clerk Rich Tran, Mayor

APPROVED AS TO FORM:

____________________________
Michael Mutalipassi, City Attorney
197
Item # 16.

RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING RESOLUTION NO. 1626, THE CLASSIFICATION PLAN, TO APPROVE THE SALARY

SCHEDULES FOR ALL IAFF, MIDCON, PROTECH, MEA, MISCELLANEOUS

UNREPRESENTED AND POLICE UNREPRESENTED CLASSIFICATIONS

WHEREAS, amendments to the Classification Plan are necessary to account for changes within the organization, transfer of duties, new job responsibilities, and adjustments to salary ranges.

NOW THEREFORE , the City Council of the City o f Milpitas hereby finds, determines, and resolves as follows:

2. Resolution No. 1626, as amended, is hereby further amended effective July 3, 2022, as follows:

The City Council hereby adopts the salary schedule attached hereto as Exhibit A (“All Job Classifications/Salary Table Effective July 3, 2022”), which includes updated salary ranges for the following classifications:

1. All classifications represented by the International Association of Firefighters (IAFF), Mid -Management and Confidential Unit (MidCon), Milpitas Police Officers Association (MPOA) and the Professional and Technical Group (ProTech), in accordance with the following Memorandums of Understanding (MOUs):

 Milpitas Police Officers Association dated January 1, 2017 – December 31, 2021, extended by side letter through December 31, 2023.  International Association of Firefighters MOU dated July 1, 201 8– June 30, 2022, extended by side letter through June 30, 2024
 Mid-Management and Confidential Unit MOU dated July 1, 2019– June 30, 2023, extended by side letter through June 30, 2025
 Professional and Technical Group MOU dated July 1, 2019– June 30, 2023  Milpitas Employees Association Group MOU dated July 1, 2020 – June 30, 2023

2. All classifications included in the Unrepresented Miscellaneous group and the Unrepresented Police group, in accordance with the following document:

 Unrepresented Management Employees Salary and Benefit Package dated July 1, 2020, and as amended through resolution #9154 on May 17, 2022. 198
Item # 16.

 Unrepresented Management Employees Salary increase of three percent (3%) per resolution # 8888 approved on March 3, 2020 shall be decreased to two percent (2%)
 Unrepresented Police Employees Salary increase of two and half percent (2.5%) which is tied to MPOA per Council action on March 3, 2020.

PASSED AND ADOPTED this ______ day of _________, 2021, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

__________________________ _ ______________________
Wendy Wood, City Clerk Rich Tran, Mayor

APPROVED AS TO FORM:

___________________________
Michael Mutalipassi, City Attorney
199
Item # 16.

Salary Schedule Step A Step B
Classification Union
Code
Occ
Code
Pay
Grade Hourly BiWeekly Annual Hourly BiWeekly Annual
Accountant 50 2101 500 47.9 3,831.91 99,629.63 50.29 4,023.48 104,610.45 Accounting Technician I 50 6104 513 31.19 2,495.54 64,883.92 32.75 2,620.34 68,128.86 Accounting Technician II 50 6105 514 34.31 2,745.08 71,372.18 36.03 2,882.37 74,941.69 Administrative Analyst I 80 2102 801 41.2 3,295.9 85,693.28 0 0 0 Administrative Analyst II 80 2103 802 45.5 3,639.93 94,638.21 0 0 0 Administrative Assistant 80 6111 828 39.3 3,144.37 81,753.73 41.27 3,301.59 85,841.26 Adult Crossing Guard 70 8401 725 16.4 1,312 34,112 0 0 0 Adult Crossing Guard
Supervisor 70 8402 720 17.71 1,416.8 36,836.8 0 0 0
Assistant Chief of Police 60 1405 649 101.91 8,152.44 211,963.44 0 0 0 Assistant City Engineer 60 1205 639 72.46 5,796.43 150,707.06 0 0 0 Assistant City Manager 60 1104 666 96.52 7,721.9 200,769.39 0 0 0 Assistant Engineer 50 2201 502 51.9 4,151.81 107,946.97 54.49 4,359.39 113,344.21 Assistant Finance Director 60 1109 669 69.46 5,557.07 144,483.88 0 0 0 Assistant Fire Marshal 60 2501 632 78.14 6,251.4 162,536.4 0 0 0 Assistant Planner 50 2801 503 49.76 3,981.04 103,507.11 52.25 4,180.19 108,685.02 Assistant Pool Manager 70 5609 709 17.45 1,396 36,296 0 0 0 Assistant Water Operator 20 7212 221 42.68 3,201.06 83,227.69 44.82 3,361.13 87,389.3 Assistant Water Operator - 40 20 8611 226 42.68 3,414.18 88,768.74 44.82 3,585.23 93,216.09 Associate Civil Engineer 50 2202 504 59.68 4,774.55 124,138.42 62.67 5,013.32 130,346.29 Associate Planner 50 2802 505 57.22 4,577.47 119,014.34 60.09 4,806.96 124,980.92 Budget Manager 80 1115 839 60.06 4,804.4 124,914.5 0 0 0 Building & Housing Director 60 1802 658 83.95 6,715.81 174,611.13 0 0 0 Building Inspection Manager 80 3809 848 62.56 5,005.07 130,131.78 0 0 0 Building Inspector Apprentice 70 8610 770 28 2,240 58,240 0 0 0 Building Official 60 1804 676 73.84 5,907.33 153,590.58 0 0 0 Building Permit Technician 50 5801 508 38 3,040.05 79,041.17 39.9 3,192.38 83,001.93 Building/NP Inspector 50 3801 507 50.37 4,029.41 104,764.7 52.89 4,230.92 110,003.94 Business Systems Analyst/
Developer* 80 2119 853 54.92 4,393.67 114,235.43 0 0 0
Buyer 80 2106 803 40.83 3,266.02 84,916.51 0 0 0 CIP Manager 60 2211 642 63.79 5,103.11 132,680.89 0 0 0 Case Manager 50 5612 544 34.05 2,723.9 70,821.32 0 0 0 Chief Fire Enforcement Officer 60 1505 656 69.61 5,569 144,793.9 0 0 0 Chief of Police 60 1402 650 107 8,559.98 222,559.48 0 0 0 City Attorney 60 1112 644 101.96 8,156.94 212,080.44 0 0 0 City Clerk 60 1101 605 63.83 5,106.48 132,768.4 0 0 0 Councilmember** 60 1107 699 21.29 1,702.99 44,277.79 0 0 0 City Manager 60 1102 697 163.97 13,117.49 341,054.63 0 0 0 Code Enforcement Officer 50 5804 515 44.04 3,523.2 91,603.13 46.24 3,699.41 96,184.65 *Sr. Information Analyst/Dev retitled to Business Systems Analyst/Developer **City Council retitled to Councilmember
Resolutions
54 City of Milpitas
200
Item # 16.

Step C Step D Step E
Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual

52.8 4,223.84 109,819.96 55.45 4,436.02 115,336.64 58.21 4,657.02 121,082.56

34.39 2,751.36 71,535.27 36.11 2,888.92 75,112.01 37.92 3,033.37 78,867.64

37.83 3,026.49 78,688.75 39.72 3,177.85 82,624.07 41.71 3,336.66 86,753.27 0 0 0 0 0 0 54.24 4,338.84 112,809.72
0 0 0 0 0 0 59.89 4,790.99 124,565.77

43.33 3,466.69 90,134.05 45.5 3,640 94,640.07 47.77 3,821.99 99,371.77 0 0 0 0 0 0 19.57 1,565.6 40,705.6
0 0 0 0 0 0 22.93 1,834.4 47,694.4
0 0 0 0 0 0 142.66 11,412.76 296,731.76
0 0 0 0 0 0 101.44 8,115 210,989.94
0 0 0 0 0 0 135.13 10,810.67 281,077.52

57.22 4,577.35 119,011.12 60.08 4,806.25 124,962.44 63.08 5,046.59 131,211.29 0 0 0 0 0 0 97.25 7,780.09 202,282.36
0 0 0 0 0 0 109.4 8,751.98 227,551.48

54.86 4,388.45 114,099.67 57.6 4,607.82 119,803.28 60.48 4,838.31 125,796.1 0 0 0 0 0 0 24.44 1,955.2 50,835.2

47.06 3,529.18 91,758.72 49.41 3,705.62 96,346.14 51.88 3,890.93 101,164.13

47.05 3,764.15 97,867.78 49.41 3,952.9 102,775.48 51.88 4,150.51 107,913.22

65.8 5,263.99 136,863.74 69.09 5,527.19 143,706.84 72.54 5,803.57 150,892.71

63.09 5,047.56 131,236.46 66.24 5,299.28 137,781.23 69.55 5,564.14 144,667.7 0 0 0 0 0 0 79.05 6,324 164,424
0 0 0 0 0 0 117.53 9,402.14 244,455.53
0 0 0 0 0 0 76.05 6,083.74 158,177.21
0 0 0 0 0 0 35 2,800 72,800
0 0 0 0 0 0 103.38 8,270.26 215,026.81

41.91 3,352.54 87,165.95 43.99 3,519.54 91,508.06 46.19 3,695.33 96,078.61

55.53 4,442.42 115,502.94 58.31 4,664.57 121,278.85 61.22 4,897.77 127,342.11 0 0 0 0 0 0 72.29 5,783.41 150,368.67
0 0 0 0 0 0 53.74 4,299.1 111,776.5
0 0 0 0 0 0 89.31 7,144.92 185,767.83
0 0 0 0 0 0 42.49 3,399.37 88,383.64
0 0 0 0 0 0 97.46 7,796.59 202,711.45
0 0 0 0 0 0 149.79 11,983.48 311,570.48
0 0 0 0 0 0 127.45 10,196.2 265,101.08
0 0 0 0 0 0 89.37 7,149.88 185,896.98
0 0 0 0 0 0 21.29 1,702.99 44,277.79
0 0 0 0 0 0 163.97 13,117.49 341,054.63

48.56 3,885.17 101,014.43 50.99 4,079.42 106,064.87 53.54 4,283.24 111,364.36 Resolutions
City of Milpitas 55
201
Item # 16.

Salary Schedule Step A Step B
Classification Union
Code
Occ
Code
Pay
Grade Hourly BiWeekly Annual Hourly BiWeekly Annual
Comm Svc Engmt & Incl
Admin 60 1121 659 65.87 5,269.32 137,002.32 0 0 0
Communications Dispatch
Superv 40 6409 456 55.09 4,406.81 114,577.14 57.84 4,627.15 120,305.83 Communications Dispatcher 40 6408 455 47.69 3,815.58 99,205.16 50.08 4,006.34 104,164.72 Community Service Officer 50 5807 551 42.14 3,370.92 87,643.98 44.24 3,539.47 92,026.26 Crime Analyst 80 2105 809 49.32 3,945.49 102,582.81 0 0 0 Customer Services Supervisor 80 2127 847 47.82 3,825.84 99,471.75 0 0 0 Deputy City Clerk 80 6102 835 46.96 3,756.97 97,681.12 0 0 0 Deputy City Manager 60 1119 672 94.59 7,567.46 196,754 0 0 0 Deputy Fire Chief 60 1504 633 98.47 7,877.33 204,810.58 0 0 0 Deputy Public Works Director 60 1207 654 74.46 5,956.9 154,879.45 0 0 0 Dir of Recr & Community Svcs 60 1208 655 82.21 6,576.74 170,995.13 0 0 0 Economic Development Coord 80 8623 852 51.82 4,145.85 107,792.13 0 0 0 Economic Development
Director 60 1206 653 77.22 6,177.54 160,615.99 0 0 0
Economic Development Spec 80 8606 850 49.35 3,948.09 102,650.43 0 0 0 Electrical/Building Inspector 50 3802 511 52.89 4,230.91 110,003.67 55.53 4,442.42 115,502.94 Emergency Services
Coordinator 80 2502 836 54.52 4,362 113,411.98 0 0 0
Employee Relations Officer 60 1209 677 63.98 5,118.53 133,081.87 0 0 0 Engineering Aide 50 3201 512 41.27 3,301.75 85,845.43 43.34 3,466.85 90,138 Engineering Director/City Eng 60 1201 606 83.95 6,715.81 174,611.13 0 0 0 Engineering Permit Technician 50 2210 540 37.15 2,972.15 77,275.83 39.01 3,120.77 81,139.92 Entry Firefighter - 40 10 4512 115 48.54 3,883.39 100,968.14 50.48 4,038.73 105,006.98 Entry Firefighter - 56 10 4510 112 34.67 2,773.85 72,120.1 36.06 4,038.73 105,006.98 Entry Firefighter/Paramedic-40 10 4513 116 54.37 4,349.39 113,084.14 56.54 4,523.39 117,608.14 Entry Firefighter/Paramedic-56 10 4511 113 38.83 3,106.71 80,774.39 40.39 4,523.39 117,608.14 Entry Level Fire Inspector 10 3508 114 42.32 3,385.74 88,029.24 44.44 3,555.03 92,430.78 Envir & Regulatory Comply
Spec 80 8624 851 52.67 4,213.67 109,555.45 0 0 0
Environmental Inspector 50 2213 553 52.89 4,230.91 110,003.67 55.53 4,442.45 115,503.75 Equip Maint Worker I - 40 20 8612 227 39.04 3,123.39 81,208.21 40.97 3,277.99 85,227.62 Equip Maint Worker II - 40 20 8613 228 42.93 3,434.48 89,296.57 45.08 3,606.37 93,765.62 Equip Maint Worker III - 40 20 8614 229 48.37 3,869.43 100,605.23 50.79 4,063.38 105,647.9 Equipment Maint. Worker I 20 7202 200 38.8 3,104.05 80,705.35 40.74 3,055.56 79,444.48 Equipment Maint. Worker II 20 7203 201 42.68 3,414.47 88,776.2 44.82 3,361.13 87,389.3 Equipment Maint. Worker III 20 7204 202 48.09 3,847.19 100,026.94 50.49 3,787.01 98,462.29 Executive Assistant 80 6117 812 43.23 3,458.31 89,916.06 45.39 3,631.25 94,412.53 FF/Paramedic Trainee - 40 10 4504 107 52.28 4,182.11 108,734.86 52.28 4,182.11 108,734.86 FF/Paramedic Trainee - 56 10 4514 155 37.34 2,987.22 77,667.76 37.34 4,182.11 108,734.86 Finance Director 60 1103 627 84.31 6,744.97 175,369.33 0 0 0 Finance Manager 60 1116 647 59.5 4,760.3 123,767.78 0 0 0 Resolutions
56 City of Milpitas
202
Item # 16.

Step C Step D Step E
Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual 0 0 0 0 0 0 92.21 7,377.05 191,803.25

60.73 4,858.52 126,321.53 63.77 5,101.45 132,637.58 66.96 5,356.53 139,269.7

52.58 4,206.64 109,372.67 55.21 4,416.94 114,840.45 57.97 4,637.8 120,582.72

46.46 3,716.45 96,627.6 48.78 3,902.26 101,458.71 51.22 4,097.4 106,532.45 0 0 0 0 0 0 64.92 5,193.48 135,030.56
0 0 0 0 0 0 62.95 5,035.65 130,926.85
0 0 0 0 0 0 57.08 4,566.61 118,731.9
0 0 0 0 0 0 132.38 10,590.05 275,341.25
0 0 0 0 0 0 137.85 11,028.26 286,734.76
0 0 0 0 0 0 104.25 8,339.67 216,831.5
0 0 0 0 0 0 115.32 9,225.38 239,859.87
0 0 0 0 0 0 64.26 5,140.8 133,660.8
0 0 0 0 0 0 108.11 8,648.53 224,861.75
0 0 0 0 0 0 59.57 4,765.74 123,909.13

58.31 4,664.56 121,278.59 61.22 4,897.77 127,342.11 64.28 5,142.67 133,709.33 0 0 0 0 0 0 71.76 5,740.98 149,265.43
0 0 0 0 0 0 89.57 7,165.93 186,314.14

45.5 3,640.17 94,644.54 47.78 3,822.15 99,376.03 50.17 4,013.27 104,345.06 0 0 0 0 0 0 117.53 9,402.14 244,455.53

40.96 3,276.79 85,196.55 43.01 3,440.59 89,455.38 45.16 3,612.64 93,928.71 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0

46.66 3,732.79 97,052.54 48.99 3,919.43 101,905.18 50.97 4,077.95 106,026.7 0 0 0 0 0 0 69.33 5,546.4 144,206.48

58.31 4,664.58 121,279.12 61.22 4,897.8 127,342.92 64.28 5,142.67 133,709.33

43.03 3,442.18 89,496.62 45.19 3,614.99 93,989.77 47.44 3,795.5 98,682.96

47.34 3,786.86 98,458.28 49.71 3,976.96 103,401.06 52.2 4,175.72 108,568.8

53.34 4,266.95 110,940.7 56 4,480.11 116,482.82 58.81 4,704.78 122,324.35

42.78 3,208.37 83,417.56 44.92 3,368.78 87,588.27 47.16 3,773.02 98,098.5

47.06 3,529.18 91,758.72 49.41 3,705.62 96,346.14 51.88 4,150.32 107,908.4

53.02 3,976.39 103,386.06 55.67 4,175.21 108,555.41 58.45 4,676.25 121,582.63

47.66 3,812.81 99,133.09 50.04 4,003.44 104,089.41 52.55 4,203.62 109,294.22

52.28 4,182.11 108,734.86 52.28 4,182.11 108,734.86 52.28 4,182.11 108,734.86

37.34 4,182.11 108,734.86 37.34 4,182.11 108,734.86 37.34 2,987.22 77,667.76 0 0 0 0 0 0 118.03 9,442.21 245,497.5
0 0 0 0 0 0 83.31 6,664.46 173,275.85
Resolutions
City of Milpitas 57
203
Item # 16.

Salary Schedule Step A Step B
Classification Union
Code
Occ
Code
Pay
Grade Hourly BiWeekly Annual Hourly BiWeekly Annual
Financial Analyst I 80 2125 844 38.47 3,077.45 80,013.76 0 0 0 Financial Analyst II 80 2126 845 42.48 3,398.78 88,368.35 0 0 0 Fire Battalion Chief 10 2508 153 52.44 4,195.41 109,080.77 0 0 0 Fire Battalion Chief - 40 10 2509 154 73.42 5,873.58 152,713.08 0 0 0 Fire Captain 10 2504 100 45.9 3,671.71 95,464.39 48.13 5,390.99 140,165.74 Fire Captain - 40 10 2507 108 64.25 5,140.39 133,650.14 67.39 5,390.99 140,165.74 Fire Chief 60 1502 630 108.56 8,684.85 225,806.1 0 0 0 Fire Engineer 10 4501 102 40.47 3,237.71 84,180.57 42.44 4,753.02 123,578.52 Fire Engineer - 40 10 4515 156 56.66 4,532.8 117,852.8 59.41 4,753.02 123,578.52 Fire Engineer/Paramedic 10 4505 151 45.19 3,615.17 93,994.46 47.39 5,307.92 138,005.92 Fire Prevention Inspector 10 3501 106 64.88 5,190.53 134,953.78 68.05 5,443.63 141,534.38 Fire Protection Engineer 10 3507 110 64.88 5,190.53 134,953.78 68.05 5,443.63 141,534.38 Firefighter 10 4502 103 37.82 3,025.99 78,675.81 39.66 4,441.71 115,484.46 Firefighter Trainee - 40 10 4509 109 46.68 3,734.04 97,085.04 46.68 3,734.04 97,085.04 Firefighter/Paramedic 10 4503 104 42.23 3,378.06 87,829.49 44.28 4,959.2 128,939.2 Fitness Instructor 70 5620 713 35 2,800 72,800 0 0 0 Fleet Maint Worker I -40 20 8615 230 37.27 2,981.63 77,522.48 39.14 3,131.07 81,407.72 Fleet Maint Worker II - 40 20 8616 231 40.99 3,279.51 85,267.25 43.05 3,443.67 89,535.45 Fleet Maint Worker III -40 20 8617 232 47.15 3,772.01 98,072.38 49.51 3,960.78 102,980.35 Fleet Maintenance Worker I 20 7207 213 37.27 2,981.65 77,522.89 39.13 2,935.03 76,310.68 Fleet Maintenance Worker II 20 7208 214 41 3,279.83 85,275.52 43.05 3,228.54 83,941.91 Fleet Maintenance Worker III 20 7209 215 47.15 3,771.76 98,065.65 49.5 3,712.81 96,533.06 GIS Technician 50 2212 552 51.9 4,151.81 107,946.97 54.49 4,359.39 113,344.21 Hazardous Materials Inspector 10 3502 105 64.88 5,190.53 134,953.78 68.05 5,443.63 141,534.38 Housing Authority Adminr 60 1120 673 62.12 4,969.45 129,205.71 0 0 0 Human Resources Analyst I 80 2124 843 41.2 3,295.9 85,693.28 0 0 0 Human Resources Analyst II 80 2123 842 45.5 3,639.93 94,638.21 0 0 0 Human Resources Assistant 80 2108 846 29.35 2,347.82 61,043.21 30.81 2,465.13 64,093.27 Human Resources Director 60 1105 613 83.84 6,707.02 174,382.53 0 0 0 Human Resources Technician 80 2107 816 35.6 2,847.61 74,037.74 37.38 2,990.61 77,755.84 I T Director 60 2113 624 82.73 6,618.79 172,088.55 0 0 0 I T Manager 80 2116 819 62.02 4,961.81 129,007.07 0 0 0 I T Technician 50 3101 542 41.29 3,303.34 85,886.94 43.36 3,468.49 90,180.85 Information Services Analyst 80 2118 831 52.17 4,173.96 108,523.02 0 0 0 Junior Engineer 50 2203 519 47.18 3,774.35 98,133.17 49.54 3,963.08 103,040.07 Junior Planner 50 2804 520 42.72 3,417.27 88,849.08 44.85 3,588.15 93,291.88 Lifeguard 70 5610 710 16.4 1,312 34,112 0 0 0 Maint Worker III - 40 20 8619 234 40.15 3,211.67 83,503.52 42.16 3,372.5 87,684.95 Maintenance Assistant 20 8625 238 24.48 1,958.4 50,918.4 25.64 2,051.2 53,331.2 Maintenance Custodian I 20 8101 203 28.6 2,287.72 59,480.74 30.03 2,251.98 58,551.52 Maintenance Custodian I - 40 20 8107 222 28.6 2,287.74 59,481.33 30.03 2,402.1 62,454.71 Resolutions
58 City of Milpitas
204
Item # 16.

Step C Step D Step E
Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual 0 0 0 0 0 0 50.64 4,050.83 105,321.53
0 0 0 0 0 0 55.92 4,473.83 116,319.64
0 0 0 0 0 0 73.42 5,873.58 152,713.04
0 0 0 0 0 0 102.79 8,223.01 213,798.26

50.48 5,654.12 147,007.12 52.95 5,930.37 154,189.62 55.54 4,443.19 115,523.01

70.68 5,654.12 147,007.12 74.13 5,930.37 154,189.62 77.76 6,220.47 161,732.22 0 0 0 0 0 0 151.99 12,158.82 316,129.32

44.5 4,984.22 129,589.72 46.67 5,226.98 135,901.48 48.95 3,915.63 101,806.34

62.3 4,984.22 129,589.72 65.34 5,226.98 135,901.48 68.52 5,481.88 142,528.88

49.7 5,566.86 144,738.36 52.13 5,838.72 151,806.72 54.68 4,374.45 113,735.7

71.37 5,709.37 148,443.62 74.85 5,988.39 155,698.14 78.52 6,281.37 163,315.62

41.58 4,657.36 121,091.36 43.61 4,883.81 126,979.06 45.73 3,658.2 95,113.2

46.68 3,734.04 97,085.04 46.68 3,734.04 97,085.04 46.68 3,734.04 97,085.04

46.44 5,200.75 135,219.5 48.7 5,454.3 141,811.8 51.08 4,086.14 106,239.71 0 0 0 0 0 0 75 6,000 156,000

41.09 3,287.37 85,471.58 43.14 3,451.54 89,740.05 45.31 3,624.57 94,238.82

45.2 3,615.7 94,008.24 47.46 3,796.6 98,711.62 49.83 3,986.34 103,644.76

51.98 4,158.37 108,117.56 54.57 4,365.78 113,510.24 57.31 4,585 119,210.1

41.09 3,081.81 80,127.1 43.14 3,235.84 84,131.78 45.3 3,624.16 94,228.18

45.2 3,390 88,139.94 47.46 3,559.5 92,547.13 49.83 3,986.57 103,650.74

51.98 3,898.42 101,358.82 54.58 4,093.33 106,426.67 57.31 4,584.6 119,199.71

57.22 4,577.38 119,011.93 60.08 4,806.23 124,961.91 63.08 5,046.61 131,211.82

71.37 5,709.37 148,443.62 74.85 5,988.39 155,698.14 78.52 6,281.37 163,315.62 0 0 0 0 0 0 86.96 6,957.19 180,886.82
0 0 0 0 0 0 54.24 4,338.84 112,809.72
0 0 0 0 0 0 59.89 4,790.99 124,565.77

32.35 2,588.38 67,297.95 33.97 2,717.81 70,663.07 35.67 2,853.69 74,196.06 0 0 0 0 0 0 117.37 9,389.85 244,136.22

39.24 3,139.47 81,626.17 41.21 3,297.06 85,723.51 43.27 3,461.48 89,998.54 0 0 0 0 0 0 115.83 9,266.29 240,923.59
0 0 0 0 0 0 81.64 6,531.56 169,820.55

45.52 3,641.87 94,688.72 47.8 3,823.97 99,423.16 50.19 4,015.19 104,394.87 0 0 0 0 0 0 68.68 5,494.16 142,848.12

52.02 4,161.23 108,192 54.62 4,369.29 113,601.56 57.35 4,587.76 119,281.87

47.09 3,767.54 97,956.15 49.45 3,955.97 102,855.29 51.92 4,153.72 107,996.78 0 0 0 0 0 0 22.85 1,828 47,528

44.26 3,541.02 92,066.43 46.48 3,718.22 96,673.66 48.8 3,904.09 101,506.38

26.84 2,147.2 55,827.2 28.11 2,248.8 58,468.8 29.43 2,354.4 61,214.4

31.53 2,364.6 61,479.65 33.1 2,482.83 64,553.46 34.76 2,780.77 72,300

31.53 2,522.22 65,577.79 33.1 2,648.35 68,857 34.76 2,780.74 72,299.31 Resolutions
City of Milpitas 59
205
Item # 16.

Salary Schedule Step A Step B
Classification Union
Code
Occ
Code
Pay
Grade Hourly BiWeekly Annual Hourly BiWeekly Annual
Maintenance Custodian II 20 8102 204 31.46 2,516.55 65,430.32 33.03 2,477.2 64,407.24 Maintenance Custodian II - 40 20 8108 223 31.46 2,516.55 65,430.24 33.03 2,642.32 68,700.34 Maintenance Custodian III 20 8103 205 36.17 2,893.98 75,243.37 37.98 2,848.74 74,067.32 Maintenance Custodian III - 40 20 8618 233 36.18 2,894.16 75,248.05 37.98 3,038.65 79,005.02 Maintenance Worker I 20 8202 206 31.46 2,516.55 65,430.32 33.03 2,477.2 64,407.24 Maintenance Worker I-40 20 8203 207 31.74 2,539.49 66,026.63 33.32 2,665.64 69,306.64 Maintenance Worker II 20 8204 208 34.6 2,768.17 71,972.36 36.33 2,724.9 70,847.29 Maintenance Worker II-40 20 8205 209 34.91 2,792.76 72,611.83 36.65 2,932.4 76,242.39 Maintenance Worker III 20 8206 210 39.79 3,183.35 82,767.2 41.78 3,133.62 81,474.13 Maintenance Worker/Seasonal 70 8207 760 19.88 1,590.4 41,350.4 0 0 0 Management Analyst 80 2128 854 54.62 4,369.68 113,611.68 0 0 0 Marketing Coordinator 50 5614 548 40.1 3,207.7 83,400.15 42.1 3,368.08 87,570.06 Mayor 60 1118 696 26.62 2,129.27 55,361.03 0 0 0 Office Assistant I 50 6108 516 27.13 2,170.11 56,422.78 28.48 2,278.6 59,243.52 Office Assistant II 50 6109 517 29.84 2,387.01 62,062.38 31.33 2,506.32 65,164.31 Office Specialist 50 6110 518 34.31 2,745.05 71,371.38 36.03 2,882.34 74,940.88 Patrol Officer 40 4401 404 50.99 4,079.5 106,067 53.54 4,283.46 111,370.08 Patrol Officer Trainee 40 4402 458 49.9 3,991.89 103,789.22 52.39 4,191.41 108,976.65 Payroll Specialist 50 5102 546 36.65 2,931.78 76,226.32 38.48 3,078.37 80,037.65 Plan Check Engineer 50 3807 521 61.08 4,886.04 127,037.09 64.12 5,129.83 133,375.65 Plan Checker 50 3803 522 52.08 4,166.4 108,326.44 54.68 4,374.67 113,741.36 Plan Review Manager 60 1210 678 65.18 5,214.64 135,580.58 0 0 0 Planning Commissioners 70 1108 698 1 80 2,080 0 0 0 Planning Director 60 1803 607 83.95 6,715.81 174,611.13 0 0 0 Planning Manager 60 2803 602 63.98 5,118.53 133,081.87 0 0 0 Planning Technician 50 2813 554 38 3,040.05 79,041.17 39.9 3,192.38 83,001.93 Police Assistant 40 6401 450 48.46 3,876.41 100,786.57 50.88 4,070.19 105,825.02 Police Captain 60 1401 651 97.05 7,763.76 201,857.76 0 0 0 Police Clerk I 40 6402 451 34.73 2,778.57 72,242.82 36.47 2,917.51 75,855.23 Police Clerk II 40 6403 452 38.2 3,056.36 79,465.24 40.12 3,209.26 83,440.88 Police Clerk Supervisor 40 6404 454 44.13 3,530.17 91,784.47 46.33 3,706.71 96,374.4 Police Evidence Technician 40 8607 459 40.52 3,241.35 84,275.03 42.54 3,403.39 88,488.13 Police Lieutenant 40 2402 400 78.22 6,257.36 162,691.32 82.13 6,570.23 170,825.97 Police Officer 40 4403 403 55.76 4,460.97 115,985.33 58.55 4,684.09 121,786.24 Police Officer Trainee 40 4404 457 54.56 4,365.16 113,494.09 57.29 4,583.47 119,170.27 Police Sergeant 40 4405 401 67.36 5,388.98 140,113.44 70.73 5,658.44 147,119.46 Police Support Services Mgr 60 1404 657 62.05 4,964.09 129,066.21 0 0 0 Pool Manager 70 5608 708 18.74 1,499.2 38,979.2 0 0 0 Principal Civil Engineer 80 2204 822 65.18 5,214.64 135,580.58 0 0 0 Principal Planner 80 2811 823 67.21 5,376.42 139,786.92 0 0 0 Resolutions
60 City of Milpitas
206
Item # 16.

Step C Step D Step E
Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual

34.68 2,601.08 67,628.07 36.41 2,731.06 71,007.44 38.24 3,058.83 79,529.6

34.68 2,774.47 72,136.21 36.41 2,913.14 75,741.61 38.24 3,058.86 79,530.44

39.88 2,991.18 77,770.73 41.88 3,140.75 81,659.45 43.97 3,517.69 91,459.91

39.89 3,191.03 82,966.85 41.88 3,350.28 87,107.31 43.97 3,517.4 91,452.36

34.68 2,601.08 67,628.07 36.41 2,731.12 71,009.04 38.24 3,058.83 79,529.6

34.99 2,799.51 72,787.24 36.74 2,939.14 76,417.53 38.58 3,086.49 80,248.68

38.15 2,861.12 74,389.22 40.06 3,004.2 78,109.23 42.06 3,364.71 87,482.48

38.5 3,079.75 80,073.54 40.41 3,232.86 84,054.39 42.43 3,394.64 88,260.72

43.87 3,290.31 85,548.17 46.06 3,454.83 89,825.48 48.37 3,869.43 100,605.1 0 0 0 0 0 0 24.85 1,988 51,688
0 0 0 0 0 0 76.49 6,118.89 159,091.09

44.21 3,536.47 91,948.33 46.42 3,713.3 96,545.92 48.74 3,898.97 101,373.28 0 0 0 0 0 0 26.62 2,129.27 55,361.03

29.91 2,392.55 62,206.19 31.4 2,512.13 65,315.35 32.97 2,637.75 68,581.44

32.9 2,631.71 68,424.51 34.54 2,763.29 71,845.65 36.27 2,901.39 75,436.05

37.83 3,026.49 78,688.75 39.72 3,177.85 82,624.07 41.71 3,336.66 86,753.27

56.22 4,497.62 116,938.07 59.03 4,722.51 122,785.34 61.98 4,958.6 128,923.64

55.01 4,401.03 114,426.84 57.76 4,621.05 120,147.26 60.65 4,852.06 126,153.64

40.4 3,232.28 84,039.39 42.42 3,393.91 88,241.71 44.54 3,563.55 92,652.37

67.33 5,386.67 140,053.51 70.69 5,655.57 147,044.7 74.28 5,942.06 154,493.55

57.42 4,593.78 119,438.26 60.28 4,822.79 125,392.53 63.31 5,064.61 131,679.94 0 0 0 0 0 0 84.78 6,782.12 176,335.19
0 0 0 0 0 0 1 80 2,080
0 0 0 0 0 0 117.53 9,402.14 244,455.53
0 0 0 0 0 0 89.57 7,165.93 186,314.14

41.91 3,352.54 87,165.95 43.99 3,519.54 91,508.06 46.19 3,695.33 96,078.61

53.42 4,273.69 111,115.84 56.09 4,487.4 116,672.37 58.9 4,711.78 122,506.32 0 0 0 0 0 0 135.86 10,869.1 282,596.6

38.29 3,063.37 79,647.52 40.21 3,216.55 83,630.37 42.22 3,377.31 87,810.15

42.12 3,369.71 87,612.41 44.23 3,538.22 91,993.67 46.44 3,715.05 96,591.33

48.65 3,892 101,191.92 51.08 4,086.62 106,252.22 53.64 4,290.94 111,564.36

44.67 3,573.58 92,913.09 46.9 3,752.28 97,559.25 49.25 3,939.88 102,437

86.23 6,898.77 179,368.09 90.55 7,243.73 188,336.88 95.07 7,605.89 197,753.13

61.48 4,918.27 127,874.96 64.55 5,164.14 134,267.76 67.78 5,422.41 140,982.76

60.16 4,812.68 125,129.75 63.17 5,053.28 131,385.3 66.32 5,305.94 137,954.52

74.27 5,941.35 154,475.13 77.98 6,238.5 162,200.96 81.88 6,550.42 170,310.82 0 0 0 0 0 0 86.88 6,950.04 180,700.92
0 0 0 0 0 0 26.23 2,098.4 54,558.4
0 0 0 0 0 0 84.78 6,782.12 176,335.19
0 0 0 0 0 0 81.4 6,511.68 169,303.68
Resolutions
City of Milpitas 61
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Item # 16.

Salary Schedule Step A Step B
Classification Union
Code
Occ
Code
Pay
Grade Hourly BiWeekly Annual Hourly BiWeekly Annual
Program Coordinator 50 5606 523 37.39 2,991.45 77,777.69 0 0.00 0.00 Public Information Officer 60 1122 674 61.58 4,926.60 128,091.60 0 0.00 0.00 Public Services Assistant I 50 6601 524 31.19 2,495.54 64,883.92 32.75 2,620.34 68,128.86 Public Services Assistant II 50 6602 525 34.31 2,745.08 71,372.18 36.03 2,882.37 74,941.69 Public Works Director 60 1204 635 86.32 6,905.59 179,545.44 0 0.00 0.00 Public Works Inspector 50 3202 526 50.37 4,029.41 104,764.70 52.89 4,230.92 110,003.94 Public Works Manager 60 1117 648 57.45 4,596.17 119,500.45 0 0.00 0.00 Purchasing Agent 80 1106 826 53.81 4,304.96 111,928.99 0 0.00 0.00 Recreation Administrative Asst 70 5619 712 16.4 1,312.00 34,112.00 0 0.00 0.00 Recreation Attendant 70 5618 711 16.4 1,252.00 32,552.00 0 0.00 0.00 Recreation Instructors 70 5607 707 18.82 1,505.60 39,145.60 0 0.00 0.00 Recreation Leader 70 5617 706 16.4 1,312.00 34,112.00 0 0.00 0.00 Recreation Services
Supervisor 80 2601 827 51.4 4,112.34 106,920.95 0 0.00 0.00 Recreation Svcs Assistant I 50 8601 527 17.63 1,410.59 36,675.21 18.51 1,481.10 38,508.57 Recreation Svcs Assistant II 50 8602 528 20.94 1,674.82 43,545.35 21.98 1,758.74 45,727.12 Recreation Svcs Assistant III 50 8603 529 24.06 1,925.17 50,054.50 25.27 2,021.38 52,555.75 Recreation Svcs Assistant IV 50 8604 530 28.23 2,258.74 58,727.20 29.65 2,371.66 61,663.09 Retired Annuitant - Extra Help 70 5107 747 50 4,000.00 104,000.00 0 0.00 0.00 Retired Annuitant - Interim 70 5108 748 50 4,000.00 104,000.00 0 0.00 0.00 Senior Accountant 80 2110 829 47.82 3,825.84 99,471.75 0 0.00 0.00 Senior Accounting Technician 50 6106 539 37.74 3,019.59 78,509.32 39.63 3,170.60 82,435.54 Senior Administrative Analyst 80 2112 834 52.82 4,225.77 109,869.97 0 0.00 0.00 Senior Building Inspector 50 3804 531 58.17 4,653.94 121,002.48 61.08 4,886.70 127,054.23 Senior Buyer 80 2129 856 50.76 4,060.88 105,582.75 0 0.00 0.00 Senior Executive Assistant 80 6123 855 45.5 3,639.93 94,638.21 0 0.00 0.00 Senior HR Analyst 80 2122 841 49.32 3,945.52 102,583.60 0 0.00 0.00 Senior Plan Check Engineer 50 3806 534 67.18 5,374.63 139,740.45 70.54 5,643.52 146,731.64 Senior Planner 80 2805 830 61.61 4,928.77 128,148.09 0 0.00 0.00 Senior Public Works Inspector 50 3203 535 58.17 4,653.97 121,003.29 61.08 4,886.70 127,054.23 Senior Public Works Lead 20 8609 225 53.22 4,257.61 110,697.81 55.88 4,470.49 116,232.70 Special Project Associate 70 5105 750 20 1,600.00 41,600.00 0 0.00 0.00 Special Project Associate 70 8605 750 20 1,600.00 41,600.00 0 0.00 0.00 Sr Code Enforcement Officer 50 5806 545 51.68 4,134.64 107,500.54 54.26 4,340.56 112,854.67 Sr. Public Services Assistant 50 5615 549 38.27 3,061.96 79,611.05 40.19 3,215.06 83,591.63 Sr. Special Projects Associate 70 5106 749 50 4,000.00 104,000.00 0 0.00 0.00 Staff Assistant 70 5104 745 16.4 1,312.00 34,112.00 0 0.00 0.00 Student Intern 70 5103 740 16.4 1,312.00 34,112.00 0 0.00 0.00 Transportation & Traffic Mgr 60 1202 675 61.58 4,926.60 128,091.60 0 0.00 0.00 Video Media Specialist 80 2121 840 42.48 3,398.78 88,368.35 0 0.00 0.00 Resolutions
62 City of Milpitas
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Item # 16.

Step C Step D Step E
Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual 0 0 0 0 0 0 49.22 3,937.64 102,378.6
0 0 0 0 0 0 86.22 6,897.25 179,328.51

34.39 2,751.38 71,535.81 36.11 2,888.94 75,112.54 37.92 3,033.37 78,867.64

37.83 3,026.48 78,688.48 39.72 3,177.86 82,624.33 41.71 3,336.66 86,753.27 0 0 0 0 0 0 120.85 9,667.85 251,363.99

55.53 4,442.42 115,502.94 58.31 4,664.57 121,278.85 61.22 4,897.77 127,342.11 0 0 0 0 0 0 80.43 6,434.63 167,300.36
0 0 0 0 0 0 69.4 5,552.2 144,357.11
0 0 0 0 0 0 22.85 1,828 47,528
0 0 0 0 0 0 22.85 1,828 47,528
0 0 0 0 0 0 37.64 3,011.2 78,291.2
0 0 0 0 0 0 22.85 1,828 47,528
0 0 0 0 0 0 67.65 5,412.39 140,722.02

19.44 1,555.2 40,435.12 20.41 1,632.92 42,455.94 21.43 1,714.61 44,579.86

23.08 1,846.63 48,012.26 24.24 1,939.01 50,414.15 25.45 2,035.91 52,933.62

26.53 2,122.46 55,183.94 27.86 2,228.57 57,942.81 29.25 2,340.04 60,840.95

31.13 2,490.24 64,746.27 32.68 2,614.77 67,983.98 34.32 2,745.49 71,382.63 0 0 0 0 0 0 125 10,000 260,000
0 0 0 0 0 0 125 10,000 260,000
0 0 0 0 0 0 62.95 5,035.65 130,926.85

41.61 3,329.12 86,557.24 43.7 3,495.61 90,885.96 45.88 3,670.35 95,429.19 0 0 0 0 0 0 69.53 5,562.61 144,627.88

64.14 5,131 133,405.91 67.34 5,387.52 140,075.47 70.71 5,656.91 147,079.78 0 0 0 0 0 0 61.8 4,943.98 128,543.5
0 0 0 0 0 0 59.89 4,790.99 124,565.77
0 0 0 0 0 0 64.92 5,193.48 135,030.56

74.07 5,925.44 154,061.32 77.77 6,221.41 161,756.56 81.66 6,532.41 169,842.78 0 0 0 0 0 0 74.89 5,991.12 155,769.2

64.14 5,131.01 133,406.18 67.34 5,387.52 140,075.47 70.71 5,656.91 147,079.78

58.68 4,694.02 122,044.49 61.61 4,928.7 128,146.32 64.69 5,175.28 134,557.18 0 0 0 0 0 0 50 4,000 104,000
0 0 0 0 0 0 50 4,000 104,000

56.98 4,558.18 118,512.75 59.83 4,786.42 124,446.93 62.82 5,025.25 130,656.41

42.2 3,375.81 87,771.18 44.31 3,544.6 92,159.62 46.52 3,721.83 96,767.66 0 0 0 0 0 0 125 10,000 260,000
0 0 0 0 0 0 25.38 2,030.4 52,790.4
0 0 0 0 0 0 25.38 2,030.4 52,790.4
0 0 0 0 0 0 86.22 6,897.25 179,328.51
0 0 0 0 0 0 55.92 4,473.83 116,319.64
Resolutions
City of Milpitas 63
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Item # 16.

Salary Schedule Step A Step B
Classification Union
Code
Occ
Code
Pay
Grade Hourly BiWeekly Annual Hourly BiWeekly Annual
Water Meter Reader I 20 8104 216 31.46 2,359.17 61,338.52 33.03 2,477.20 64,407.24 Water Meter Reader I -40 20 8620 235 31.46 2,516.64 65,432.65 33.03 2,642.48 68,704.36 Water Meter Reader II 20 8105 217 34.6 2,595.16 67,474.08 36.33 2,724.88 70,846.76 Water Meter Reader II -40 20 8621 236 34.6 2,768.30 71,975.80 36.34 2,906.93 75,580.12 Water Systems Operator 20 7211 219 48.09 3,606.73 93,774.99 50.49 3,786.68 98,453.72 Water Systems Operator - 40 20 8622 237 48.09 3,847.26 100,028.66 50.49 4,039.25 105,020.45 Resolutions
64 City of Milpitas
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Item # 16.

Step C Step D Step E
Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual

34.68 2,601.07 67,627.8 36.41 2,731.06 71,007.44 38.24 2,867.64 74,558.73

34.68 2,774.21 72,129.52 36.41 2,912.82 75,733.3 38.24 3,059.31 79,541.96

38.15 2,861.11 74,388.95 40.06 3,004.18 78,108.69 42.06 3,154.42 82,014.82

38.14 3,051.44 79,337.36 40.06 3,204.8 83,324.9 42.06 3,365.04 87,491.06

53.02 3,976.38 103,385.8 55.67 4,175.21 108,555.41 58.45 4,383.99 113,983.71

53.01 4,241.13 110,269.33 55.67 4,453.72 115,796.72 58.45 4,676.2 121,581.2 Resolutions
City of Milpitas 65
211
Item # 16.

Resolutions
66 City of Milpitas
212
Item # 16.

Attachment 8

Link: Fiscal 2022-23 Proposed Budget

Link: May 10, 2022 Agenda Report
213
Item # 16.
1 T

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Conduct a Public Hearing and Introduce an Ordinance Amending Sections of Chapter 10, Title XI (Zoning), and Sections of Chapter 100, Title V (Public Health, Safety, and Welfare) of the Milpitas Municipal Code Relating to Mobile Food Vending (Food Trucks) (Staff Contact: Ned Thomas, Planning Director, 408-586- 3273)
Category: Public Hearings-Community Development
Meeting Date: 6/7/2022
Recommendations: (1) Conduct a public hearing and move to close the hearing following comments; (2) City Attorney shall read aloud the title of the Ordinance; (3) Move to waive the first reading beyond the title and introduce an Ordinance amending sections of Chapter 10 of Title XI (Zoning), and sections of Chapter 100 (Public Health, Safety, and Welfare), of Title V, of the Milpitas Municipal Code relating to Mobile Food Vending (Food Trucks) and determine that the Municipal Code amendments are exempt from environmental review under the California Environ- mental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15183 (Projects Consistent with a General Plan) and 15061(b)(3) (Common Sense Exemption).

Background:

Mobile food vehicles, commonly known as food trucks, have become increasingly popular and prevalent as part of the food and beverage industry over the past decade. Food trucks are extremely popular with consumers due to the convenience and novelty of being located in different places at different times (often at festivals or special food truck events), the creativity and liveliness of the food truck movement, the unique types of cuisine served, and the affordability of the food. They are also beneficial for local economic development, since they provide low-cost and low-barrier business opportunities for food entrepreneurs, bring diverse dining options to areas that have few or no brick -and-mortar restaurants, and generate foot traffic and customers who may also support other nearby local businesses.

With the growing prevalence of food trucks in Milpitas, Planning staff has recognized the need to establish a thorough yet reasonable set of standards to address public health and safety issues while also encouraging and supporting a thriving food truck industry. While food safety and health standards for food trucks in Milpitas are regulated by the Santa Clara County Department of Environmental Health, standards related to location, site design, signage, and operating characteristics (e.g., hours of operation, noise, trash management) for food trucks falls within the purview of city government.

Proposed amendments to the Milpitas Municipal Code include changes to Title XI, Chapter 10 (Zoning Ordinance) and a related minor proposed amendment to Title V, Chapter 100 (Traffic Code). Specifically, the zoning text amendment adds a new Subsection 13.18 (“Mobile Food Vending”) to the Zoning Code; amends Section 4 (“Residential Uses”), Section 5 (“Commercial Uses”), Section 6 (“Mixed Use Zone Uses”), Section 7 (“Industrial Uses”), Section 10 (“Institutional Uses”), Section 15 (“Special Events and Activities”), Section 39 (“Park and Public Open Space Uses ”), and Section 53 (“Off -Street Parking Regulations”) of the Zoning Code. The related minor amendment modifies Section 10.11 (“Unlawful Parking – Peddlers, Vendors”) of the Traffic Code to clarify the differences between food trucks and other types of temporary vendors.
214
Item # 17.
2 On February 24, 2021, the Planning Commission held a public hearing and considered the proposed text amendments to the Municipal Code. Following public comment, the Planning Commission recommended making additional minor changes to the proposed text amendments to allow individual food trucks in residential areas in conjunction with permitted special events. The Planning Commission unanimously adopted Resolution No. 21 -002 (Attachment 2) recommending that the City Council adopt an Ordinance (with the suggested changes) amending sections of Chapter 10 of Title XI (Zoning), and sections of Chapter 100 of Title V (Public Health, Safety, and Welfare), of the Milpitas Municipal Code relating to Mobile Food Vending.

On April 5, 2022, the City Council held a study session on the proposed text amendments to the Municipal Code to regulate activities related to mobile food vending. Members of the Council provided direction for Planning staff on requested changes to the draft regulations. Revisions to the proposed ordinance based on Council feedback are summarized below on page 5.

Changes to Draft Ordinance Based on Council Direction
At the City Council study session on April 5, 2022, members of the Council requested that Planning staff incorporate minor changes to the draft regulations related to restroom access, hours of operation, and trash management requirements. Per Council direction, staff has added language requiring food trucks operating at a fixed location to verify access to a restroom facility within 200 feet, consistent with the California Health and Safety Code Section 114315. The Planning Department will confirm that required restroom access is available as part of the permit process and conduct occasional site visits during business hours to ensure that restroom access is provided. Staff also added language to clarify hours of operation and to require trash receptacles of an adequate number and size, based on the size of the food truck and type of food packaging.

Overview of Draft Ordinance (Reviewed and Accepted on April 5, 2022) The proposed text amendments establish new regulations for mobile food vehicles by adding a new section (Section 13.18–Mobile Food Vending) to Chapter 10 of Title XI (Zoning) of the Milpitas Municipal Code.

These draft regulations establish basic rules for the location an d safe operations of mobile food vehicles in public areas and have been crafted to make it as easy as possible for food truck operators to establish business in Milpitas. At the same time, the new regulations avoid or mitigate potential impacts associated with mobile food vending, especially in residential areas.

The proposed text amendments provide clear definitions for activities related to mobile food vending, such as commissaries (i.e. commercial kitchens) where food to be sold off-site from mobile food vehicles is stored and prepared. 1 Mobile food vending and related uses would be added to the use tables for residential, commercial, mixed- use, industrial, institutional, and public open space zoning districts, allowing mobile food vending either by -right or as conditional uses in these zones. Minor amendments are also proposed to Section 15 (Special Events and Activities) of the Zoning Code and Subsection 10.11 (Unlawful Parking – Peddlers, Vendors) of Municipal Code Title V, Chapter 100–Traffic to ensure consistency with the new mobile food vending regulations.

The proposed regulations would allow mobile food vehicles to operate on private property and within the public right-of-way (i.e. parked on public streets) in most non-residential areas of the city. Mobile food vending would also be allowed, subject to certain limitations and restrictions, in residential zones.

Commissaries generally would not be permitted in residential districts (unless part of a civic or community use such as a church or social club, in which case they could be allowed through the Conditional Use Permit process). Commissaries and catering establishments would be permitted by right in the C1, C2, and HS commercial zones and the M1 and MP industrial zones. They would be conditionally permitted in the CO and TC commercial zones, the MXD and MXD-3 mixed-use zones, and the Institutional zone.

1 The Santa Clara County Department of Environmental Health requires food served from mobile food trucks to be prepared in an approved commissary facility.
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Item # 17.
3 The table on the following page summarizes the proposed mobile food vending regulations by zoning district.

Table 1: Summary of Proposed Mobile Food Vending Regulations Zoning District Summary of Regulations
Low- and Medium-Density
Residential Zones (R1, R2, R3)

High-Density Residential Zones
(R4, R5)

Public Right-of-Way: May be permitted only as part of a special event (with Special Event permit).

Private Property: Individual food truck permitted only on a parcel with a museum, hospital, school, or place of religious assembly and worship.

Public Right-of-Way: Permitted
Private Property: Individual food truck permitted on a parcel with a museum, hospital, school, or place of religious assembly and worship; individual food truck on a parcel with multi-family residential use may be permitted only as part of a special event (with Special Event permit).

Mobile food parks* prohibited in all residential zones.

All Commercial Zones Individual food trucks permitted on private parcels and in public rights-of-way.

Mobile food parks* conditionally permitted in all commercial zones.

Mixed Use Zones –
MXD, MXD3

MXD2

Individual food trucks permitted on private parcels and in public rights-of-way.

Mobile food parks* conditionally permitted.

Individual food trucks permitted on private parcels and in public rights-of-way.

Mobile food parks* prohibited.

All Industrial Zones

Individual food trucks permitted on private parcels and in public rights-of-way.

Mobile food parks* prohibited in all industrial zones.

Institutional Zone Individual food trucks permitted on private parcels and in public rights-of-way. Two or more food trucks may be permitted through approval of a Special Event permit.

Mobile food parks* prohibited.

Park and Public Open Space
Zone
Individual food trucks permitted.

Mobile food parks* prohibited.

Citywide, all zoning districts Two or more food trucks on a private parcel or in a public park/open space may be permitted through a Special Event permit (operating for seven consecutive days or less).
* Mobile food parks are defined as sites with two or more mobile food vehicles operating together on the same parcel for a period of more than seven consecutive days.

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Item # 17.
4 Review and approval procedures for mobile food vending are outlined in the draft ordinance and are based on the use regulations for the applicable zoning district, the number of food trucks operating on the site, and the duration of operations at that site.

For mobile food vending on private property and in public parks:

Seven (7) consecutive
days or less
More than seven (7)
consecutive days
One (1) Food Truck Minor Site Development Permit
(Staff Review)
Two (2) or more
Food Trucks Special Event Permit
(Mobile Food Park)
Conditional Use Permit
or Not Permitted (as
indicated in use
regulations by zone)

For mobile food vending in the public right-of-way (on city streets):

Because the Zoning Code regulates land uses on private and publicly owned parcels, but not on City streets, permitting for mobile food vending within the public right-of-way generally does not fall within the authority of the Zoning Code. Accordingly, in all areas of the city except low- and medium-density residential zones (R1, R2 and R3), a mobile food vehicle proposing to operate in the public right-of-way would be required to obtain a City business license but would not require any other City permits or approvals. At the time of application for a business license to operate a food truck in the public right -of-way, Planning staff would advise the applicant regarding applicable rules and regul ations for mobile food vending on city streets. Per the draft ordinance, mobile food vehicles operating in the public right -of-way would be required to comply with all state and local health and safety regulations, vehicle license requirements, and posted restrictions pertaining to traffic and parking.

As described above, mobile food vending in the public right-of-way in R1, R2, and R3 areas would require a Special Event Permit. This provision would allow a single food truck to operate in the public right -of-way in conjunction with a private event.

In addition to the provisions for which zones allow mobile food vending and what permit procedures and requirements apply, the proposed ordinance includes standards pertaining to the location and operational aspects of mobile food vending operations. These standards address topics such as where to locate a food truck on a site; maintaining safe ingress/egress and clear circulation for pedestrians, bikes, and vehicles; parking; restrooms; hours of operation; noise; signage; and trash management and disposal.

In addition, to allow maximum flexibility in the regulations and to allow for consideration of site -specific conditions, the proposed ordinance includes a provision that gives the Planning Director discretion to reduce or waive any of the siting or operational standards , provided that the mobile food vend or would operate safely and would not create negative impacts for the subject property or the surrounding area. Both the Planning Director and the Fire Marshal would review any requests for exceptions to standards (for example, the requirement for a food truck in operation to be located at least 15 feet from a driveway or curb cut) to ensure public safety and access.

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Item # 17.
5 Policy Alternative:

Alternative: Do not adopt the ordinance adding and amending regulations for mobile food vending in Title V, Chapter 100 and Title XI, Chapter 10 of the Municipal Code. Food trucks would continue to operate in Milpitas as they presently do, in the absence of specific regulations and procedures.

Pros: Continuation of status quo (no new regulations for the City or food truck operators to follow).

Cons: The City’s procedures and requirements for mobile food vendors will remain unclear and inconsistent. The City will not have clear authority to regulate these uses or to initiate enforcement actions against any mobile food vending operation that may become problematic.

Reason not recommended : The City should establish clear and specific rules and requirements that apply to food trucks. These uses already operate in the City, and staff has prepared draft regulations and permitting requirements that are clear, simple, flexible, and that are not overly burdensome or expensive for food truck operators. Consistency and certainty in the regulatory environment will encourage mobile food vending and support a vibrant street life in the community.

Fiscal Impact:

The City will collect application fees for any Minor Site Development Permits, Special Event Permits, or Conditional Use Permits required under the regulations established by the proposed amendments to the Milpitas Municipal Code. City staff reviews permit applications on a cost-recovery basis, and the amount of fees collected will depend upon the number of applications received, which is unknown at this time.

California Environmental Quality Act:

The proposed text amendments to the Milpitas Municipal Code are exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15183 (Projects Consistent with a General Plan) and 15061(b)(3) (Common Sense Exemption).

The proposed ordinance would enact new regulations for mobile food vending to promote the safe and orderly operation of food trucks in appropriate locations of the city. It would require City staff review of proposed mobile food vending operations to ensure that these uses comply with standards and requirements intended to protect public health and safety and to avoid potential nuisances and negative impacts associated with food trucks. It would apply standards to mobile food vending that are comparable to or more stringent than those that apply to other temporary or permanent land uses regulated under the City’s Zoning Code. Therefore, it can be seen with certainty that there is no possibility that the ordinance in question would have a significant effect on the environment; accordingly, the ordinance is exempt from environmental review under CEQA.

Recommendations:

1. Conduct a public hearing and move to close the hearing following comments.

2. City Attorney shall read aloud title of the Ordinance.

3. Move to waive the first reading beyond the title and introduce an Ordinance amending sections of Chapter 10 of Title XI (Zoning), and sections of Chapter 100 of Title V (Public Health, Safety, and Welfare), of the Milpitas Municipal Code relating to Mobile Food Vending (food trucks) and determine that the Municipal Code amendment is exempt from California Environmental Quality Act pursuant to CEQA Guidelines Section 15183 (Projects Consistent with a General Plan) and 15061(b)(3) (Common Sense Exemption).

Attachments:

1. Draft Ordinance

2. Planning Commission Resolution No. 21-002
218
Item # 17.

PLEASE NOTE:

This copy of Ordinance No. _______is a “redlined” version for your convenience. Text additions are designated by an underline and text deletions are designated with a strikethrough.

219
Item # 17.
2 Ordinance No. ______

REGULAR

NUMBER:

TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING SECTIONS OF CHAPTER 10 OF TITLE XI, AND AMENDING SECTIONS OF CHAPTER 100 OF TITLE V, OF THE MILPITAS MUNICIPAL CODE RELATING TO

MOBILE FOOD VENDING AND MAKING FINDINGS OF CEQA EXEMPTION

HISTORY: This Ordinance was introduced (first reading) by the City Council at its meeting of ____________________, upon motion by_________________________ and was adopted (second reading) by the City Council at its m eeting of _______________, upon motion by ____________________________. The Ordinance was duly passed and ordered published in accordance with law by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

________________________________ __________________________ Wendy Wood, City Clerk Rich Tran, Mayor

APPROVED AS TO FORM:

________________________________
Michael Mutalipassi, City Attorney

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Item # 17.
3 Ordinance No. ______

RECITALS AND FINDINGS:

WHEREAS, the City of Milpitas, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, California Government Code Section 65800 et seq. authorizes the adoption and administration of zoning laws, ordinances, rules and regulations by cities as a means of implementing the General Plan; and
WHEREAS, mobile food vehicles, also commonly known as food trucks, have become increasingly common and popular in recent years, and Milpitas has experienced an increase i n the number of mobile food vehicles operating or seeking to operate in the city; and WHEREAS, mobile food vehicles provide a valuable service that is enjoyed by Milpitas residents, create opportunities for small businesses, and contribute to active, interesting and vibrant neighborhoods in the city; and WHEREAS, the Planning Department currently has written standards for the operation of mobile food vehicles, which are not regulatory and do not have the force of law; and WHEREAS, the City’s Zoning Ordinance, Chapter 10 of Title XI of the Milpitas Municipal Code, does not currently include regulations for mobile food vending or mobile food vehicles; and WHEREAS, the City wishes to enact appropriate regulations applying to mobile food vehicles that encourage their operation in Milpitas while also maintaining public safety, health and welfare and avoiding negative impacts from the operation of mobile food vehicles; and WHEREAS, the City has prepared a Zoning Amendment (“Amendment”) to the City’s Municipal Code, including adding a new Section 13.18 (“Mobile Food Vending”) to Title XI, Chapter 10 –Zoning; refinements to Subsection 4.02 (“Residential Use Regulations”), Subsection 5.02 (“Commercial Use Regulations”), Subsection

6.02 (“Mixed Use Regulations”), Subsection 7.02 (“Industrial Use Regulations”), Subsection 10.02 (“Institutional Use Regulations”), Subsection 15.04 (“Special Events and Activities – Definitions”), Subsection 39.03 (“POS Park and Public Open Space District – Conditional Uses”), and Subsection 53.09 ( “Off-Street Parking Required by Land Use” ) of Title XI, Chapter 10 –Zoning; and refinements to Subsection 10.11 (“Unlawful Parking – Peddlers, Vendors”) of Title V, Chapter 100–Traffic, of the Municipal Code; and WHEREAS, on February 24, 2021, the Planning Commission for the City of Milpitas held a lawfully noticed public hearing to solicit public comment and consider the proposed Amendment, take public testimony, and make a recommendation to the City Council on the project; and WHEREAS, on April 5, 2022, the City Council of the City of Milpitas held a study session to consider the proposed Amendment and to provide comments and direction to Planning Department staff; and WHEREAS, this ordinance is exempt from the California Environmental Quality Act, Public Resources Code Section 21000, et seq. (“CEQA”), each as a separate and independent basis, pursuant to CEQA Guidelines Section 15183 (projects consistent with the General Plan) and Section 15061(b)(3) (common sense exemption).

NOW, THEREFORE, the City Council of the City of Milpitas does ordain as follows:

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Item # 17.
4 Ordinance No. ______

SECTION 1. RECORD AND BASIS FOR ACTION
The City Council has duly considered the full record before it, which may include but is not limited to such things as the City staff report, testimony by staff and the public, and other materials and evidence submitted or provided to the City Council. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.

SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT
Based on its review of the entire record, including the staff report, public comments and testimony presented to the Planning Commission and City Council, and the facts outlined below, the City Council hereby finds and determines that this ordinance is categorically exempt from the California Environmental Quality Act (“CEQA”) under CEQA Guidelines, § 15061(b)(3), also known as the “common sense exemption”, which ex empts from CEQA any project where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. A “significant effect on the environment” means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project.

This Ordinance would introduce new regulations for mobile food vending to promote the safe and orderly operation of food trucks in appropriate locations of the city. It would require City staff review of proposed mobile food vending operations to ensure that these uses comply with standards and requirements intended to protect public health and safety and to avoid potential nuisances and negative impacts associ ated with food trucks. It would apply standards to mobile food vending that are comparable to or more stringent than those that apply to other temporary or permanent land uses regulated under the City’s zoning code. Therefore, it can be seen with certainty that there is no possibility that this Ordinance would have a significant effect on the environment; accordingly, this Ordinance is exempt from CEQA review.

Moreover, the City Council hereby finds that the introduction and adoption of this Ordinance is c ategorically exempt from CEQA pursuant to CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning). Section 15183 of the CEQA Guidelines provides that projects that are consistent with a Community Plan, General Pl an or Zoning for which an EIR has been certified “shall not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site.” The Land Use Element of the City’s General Plan includes policies and guidelines related to promoting economic development and small business opportunities and allowing diverse land uses that create lively neighborhoods with amenities for residents and workers. The proposed ordinance would implement such policies by allowing mobile food vending as a type of small business and as an amenity for consumers. Therefore, the proposed Amendment is consistent with the General Plan.

Therefore, the proposed Amendment is consis tent with the General Plan and is exempt from CEQA pursuant to Section 15183 of the CEQA Guidelines.

Accordingly, this Ordinance is exempt from CEQA review pursuant to Sections 15061(b)(3) and 15183 of the CEQA Guidelines, each as a separate and independent basis.

SECTION 3. GENERAL PLAN CONSISTENCY
The proposed zoning amendment s support several of the guiding principles and policies of the General Plan.

Specifically, allowing mobile food vending is consistent with policies and guidelines in the Land Use E lement related to economic development, job creation and supporting local business opportunities. This ordinance regulating mobile food vending is also aligned with the General Plan objective to allow land uses that provide community amenities. Therefore, the proposed Amendment is consistent with the General Plan. 222
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SECTION 4. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 10 0, SECTION 10
Title V, Chapter 100, Section 10 (Stopping, Standing and Parking), Subsection V-100-10.11-6 (Application) of the Milpitas Municipal Code is hereby amended to add the following:

V-100-10.11 – Unlawful Parking – Peddlers, Vendors

10.11-6 Application

(a) The provisions of V-100-10.11-5 shall be applicable to any vehicle, wagon or pushcart, to which V-100-10.11-1 applies.
(b) The provisions of this Section V-100-10.11 shall not apply to mobile food vehicles as defined in Section XI-10-13.18(B).

SECTION 5. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 10, SECTION 4
Title XI, Chapter 10, Section 4 ( Residential Zones and Standards ), Subsection XI -10-4.02 ( Residential Use Regulations ), Table XI-10-4.02-1 ( Residential Zone Uses ) of the Milpitas Municipal Code is hereby amended to read as follows:

XI-10-4.02 - Residential Use Regulations
Table XI-10-4.02-1
Residential Zone Uses
Use R1 R2 R3 R4 R5

1. Commercial
Commercial services 1,2 NP NP C C C

2. Professional Offices and related uses
Offices 1,2 NP NP C C C

3. Public/Quasi-Public and Institutional Uses
Child care center C C C C P
Nursing home 3 NP C C C C
Park, playground or community center (non-profit) C C C C C Parking lots C C C C C
School (not trade or vocational) C C C C C
Places of Assembly C C C C C

4. Residential Uses
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Use R1 R2 R3 R4 R5
Condominiums and condo conversions NP
SFR: C
Duplex:

C C C
Duplex (Two dwellings) NP P NP NP NP
Group dwelling NP NP NP C C
Guest house C NP NP NP NP
Manufactured home 4 P P NP NP NP
Multi-family dwellings (Three or more units) NP NP P P P Planned unit development 5 P P P P P
Accessory dwelling unit 6 P
SFR: P
Duplex:

P P P
Single-family dwelling P P NP NP NP
Single-room occupancy residences 7 NP NP C C C
Transitional and supportive housing P 8 P 8 P 9 P 9 P 9

5. Restaurants or Food Service
Restaurants 1,2 NP NP C P/C P/C
Catering establishment 10 NP NP NP NP NP
Mobile Food Vending (individual vehicle)11 P12,13,14 P12,13,14 P12,13,14 P12,13,14 P12,13,14 Mobile Food Park NP NP NP NP NP
Commissary 10 NP NP NP NP NP

6. Unclassified Uses
Agriculture 10 15 P P P NP NP
Boarding house (three or more persons) NP C C C C
Golf course 11 16 C C C NP NP
Live work units 12 17 NP NP C C C
Model home complex 13 18 P P P P P
Short-Term Rentals 14 19 P P P P P

1 Refer to Subsection XI -10-4.03(A), Residential Zone Special Uses, of this Chapter, for standards. 2 Refer to Subsection XI -10-4.03(B), Residential Zone Special Uses, of this Chapter, for standards. 224
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3 Licensed nursing home serving more than six persons, except when used primarily for contagious sickness, mental or drug alcoh ol addict cases.
4 Refer to Subsection XI -10-13.07, Manufactured Homes, of this Chapter, for standards. 5 Refer to Subsection XI -10-54.07, Planned Unit Developments, of this Title, for standards. 6 In conjunction with existing or proposed legal single -family, duplex, or multi -family dwellings. Refer to Subsection XI -10-13.08, Accessory Dwelling Units, of this Chapter, for standards. 7 Refer to XI-10-13.13, Special Uses, Single Room Occupancy Residences, of this Chapter. 8 Permitted only in single family dwellings.
9 Permitted only in multi-family dwellings.
10 May be permitted with approval of a Conditional Use Permit for kitchens associated with a civic or community organization, su ch as a church or social club.
11 Refer to Subsection XI -10-13.18, Mobile Food Vending, of this Chapter. 12 Mobile food vending in the R1, R2, and R3 zones may be permitted in the public right-of-way as part of an approved special event. See Subsection XI-10-13.18(C)(3)(a)(i). Mobile food vending in the R4 and R5 zones is permitted in the public right-of-way upon issuance of all required City and County permits (see Subsection XI-10-13.18(H). 13 In all residential zones, mobile food vending on private property may be permitted on a parcel having a current certificate of use and occupancy as a museum, hospital, school, or place of religious assembly and worship, provided that the mobile food vending use shall not operate more frequently than once per week and for no longer than three consecutive days. 14 In the R1, R2, and R3 residential zones, mobile food vending shall not be permitted on a private property having a residential use. In the R4 and R5 residential zones, mobile food vending on private property having residential use may be permitted as part of an appro ved, on-time or recurring special event. See Subsection XI-10-13.18(C)(3)(a)(i). 10 15 Except for the raising of animals or fowl for commercial purposes, or the sale of any products at retail on the premises. 11 16 Except for driving tee or range, miniature course and similar uses operated for commercial purposes. 12 17 Allowed commercial uses to be specified through the Conditional Use Permit process. 13 18 Refer to Subsection XI -10-13.11(E), Model Home Complexes and Sales Offices, of this Chapter for temporary tract offices. 14 19 Subject to the requirements of Subsection XI -10-13.16, Short -Term Rentals, of this Chapter.

SECTION 6. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 10, SECTION 5
Title XI, Chapter 10, Section 5 ( Commercial Zones and Standards ), Subsection XI-10-5.02 ( Commercial Use Regulations ), Table XI-10-5.02-1 ( Commercial Zone Uses ) of the Milpitas Municipal Code is hereby amended to read as follows:

Table XI-10-5.02-1
Commercial Zone Uses
Use CO C1 C2 HS TC

1. Commercial Uses
Alcoholic beverage sales C 6 C C NP C
Art/photography studio or gallery NP P P P P
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Use CO C1 C2 HS TC
Bookstore NP P P P P
Commercial services 1 P P P NP P
Funeral home or mortician NP NP C C NP
Furniture sales NP P P P P
Grocery store (supermarkets)
Within 1,000 ft. of residential zone NP C C C C
Not within 1,000 ft. of residential zone NP P P P P Head/smoke/tobacco shop NP C C NP C
Home improvement (hardware, blinds, interior
decorating, etc.) NP P P C P
Not fully enclosed operation NP C C C C
Household appliance store 7 NP NP P P NP
Small appliance repair NP NP MCS P NP
Large appliance repair NP NP NP P NP
Janitorial services NP NP P P NP
Newsstand
Indoor P P P NP P
Outdoor C C C NP C
Nursery (flower or plant)
Indoor NP NP P 2 P P
Outdoor NP NP C P NP
Office supply sales (stationery, equipment) P P P P P Paint and wallpaper stores NP NP P P P
Pawnshops NP NP C NP NP
Pet stores NP NP P P P
Printing (newspaper, publishing) NP NP P P P
Rentals (medical supplies, costumes, party
equipment, office equipment) NP NP P P P
Retail stores, general merchandise NP P P NP P
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Use CO C1 C2 HS TC
Tanning salon NP NP P NP P
Thrift store 3 NP C P P P

2. Entertainment and Recreation
Adult business 4 NP NP NP P NP
Bowling alley NP NP P P P
Commercial athletic facilities
Indoor NP C P P P
Outdoor NP NP NP C NP
Motion picture theater (See 7 below)
Recreation or entertainment facility NP C C C C
Shooting range, indoor NP NP NP C NP

3. Health and Veterinarian Uses
Animal grooming (no boarding) NP P P P P
Hospital C NP C C C
Kennel NP NP C NP NP
Massage establishment 15 NP NP MC MC MC
Massage establishment, accessory 15 NP NP MCS MCS MCS Medical and dental office P P P NP P
Medical and dental clinic P C C NP P
Medical support laboratories P C C C C
Optician and optometrist shop P P P NP P
Pharmacy or drug store NP P P P P
Sauna and steam bath NP NP NP P NP
Veterinary clinic NP NP P P P

4. Industrial Uses 5
Assembly from pre-processed materials NP NP C NP NP Commercial fueling facility NP NP NP C NP
Commercial laboratory NP NP C P NP
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Use CO C1 C2 HS TC
Contractor's yards and offices NP NP C C NP
Disinfection and extermination business NP NP C P NP Dry cleaning plant NP NP NP P NP
Food storage locker NP NP NP P NP
Landscape contractor NP NP C P NP
Lumberyards NP NP C C NP
Mini-storage complex NP NP C C NP
Plumbing, metalworking, glassworking or
woodworking NP NP C C NP
Research & development NP NP C NP NP
Sign sales and fabrication (Electric and neon sign,
sign painting) NP NP C P NP
Warehousing and wholesale NP NP C NP NP

5. Lodging
Hotel and motel NP NP C C C

6. Professional Offices, Financial Institutions and Related Uses Automatic teller machines (freestanding) 6 NP P P P P Financial institutions (banks, savings and loans,
etc.) P P P P P
General offices (administrative and business
services, real estate, travel agencies, etc.) P P P P P

7. Public, Quasi-Public and Assembly Uses
Auction hall NP NP C C C
Child care
Child care center C C C C C
Day care school C C C C C
Large family child care home NP NP NP NP C
Small family child care home NP NP NP NP C
Places of assembly C C C C C
Cultural center NP NP C C C
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Use CO C1 C2 HS TC
Educational institutions
Schools, private (elementary, middle, high) NP NP C NP C Trade and vocational school C NP P P C
Farmer's market (not including flea market) NP C C C C Instruction
Group 8 MCS MCS MCS MCS MCS
Private P P P P P
Motion picture theater
Indoor NP C C C C
Outdoor NP NP NP C NP
Parking facility, storage garage NP P P C C
Public utilities C C C C C
Transportation facility (taxi, limousine, etc.) NP NP C C C

8. Restaurants or Food Service
Banquet hall NP NP C C C
Bar or nightclub NP NP C C C
Catering establishment NPC NP P P P
Restaurants C 7 P P P P
With live entertainment/dancing NP NP C C C
With drive-in or drive-through NP C C C C
With ancillary on-premise beer & wine with no
separate bar NP MC PMC MC MC
Mobile Food Vending (individual vehicle) 16 P P P P P
Mobile Food Park 16 MC MC MC MC MC
Commissary MC P P P MC

9. Residential Uses
Caretaker (in conjunction with contractor's yard or
mini-storage complex) NP NP C C NP
Emergency shelters 9 NP NP NP P/C NP
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Use CO C1 C2 HS TC
Single-room occupancy residences 10 NP NP NP C NP

10. Vehicle Related Uses
Auto repair (tire, oil change, smog check, etc.) NP NP C C NP Auto sales and rental, outdoor (new and used cars,
RV and truck) NP NP C C NP
Auto broker (wholesale, no vehicles on site) MCS MCS MCS MCS MCS Car wash NP NP C C NP
Service stations (with or without repair or retail) 11 C C C C C Drive through uses (restaurants, pharmacies, etc.) NP C C C C

11. Unclassified Uses
Accessory structures 12 P P P P P
Model home complex 13 NP NP NP NP P
Mortuary or crematory NP NP NP C NP
Radio or television station NP NP C P NP
Temporary seasonal sales 14 NP P P P P

1 Refer to the definition for "Commercial Services" in Section 2, Definitions, of this Chapter. 2 Provided that all incidental equipment and supplies, including fertilizer and empty cans, are kept within a building. 3 Refer to XI-10-5.04, Commercial Zone Special Development Standards, of this Chapter. 4 In accordance with the Title III, Chapter 4, Adult Business Ordinance, and Subsection 13.04, Adult Businesses, of this Chapte r. 5 For conditionally permitted uses, r efer to Subsection 57.04(C) (9), Certain Industrial Uses within Commercial Districts, of this Chapter. 6 Refer to Subsection 57.03, Site Development Permits and Minor Site Development Permits, of this Chapter. 7 When intended to serve the occupants and patrons of the permitted use (office, etc.) and conducted and entered from within the building and provided there is no exterior display of advertising. 8 Refer to Subsection 5.02 -1, Commercial Zone Special Uses, of this Section. 9 Refer to XI-10-13.14, Special Uses, Emergency Shelters, of this Chapter. 10 Refer to XI-10-13.13, Special Uses, Single Room Occupancy Residences, of this Chapter. 11 Refer to Subsection XI -10-6.02-2, Special Uses, of this Chapter, for standards. Service stations shall fo llow the "General development policy: Gasoline service stations, and automotive service centers" adopted by the City Council on December 19, 1995. 12 Not including warehouses on the same site as the permitted use. 13 No tract sign shall be permitted wi thin 600 feet of a Santa Clara County Expressway. 14 Refer to Section 13.11, Temporary Uses and Structures, of this Chapter. 230
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15 Massage establishments are subject to Title III, Chapter 6 of the Milpitas Municipal Code and Subsection XI -10-13.16 of this title.

Refer to Subsection XI -10-13.16, of this Title, for special provisions for massage establishments. 16 Refer to Subsection XI-10-13.18, Mobile Food Vending, of this Chapter.

SECTION 7. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 10, SECTION 6
Title XI, Chapter 10, Section 6 ( Mixed Use Zones and Standards ), Subsection XI -10-6.02 ( Mixed Use Regulations ), Table XI-10-6.02-1 ( Mixed Use Zone Uses ) of the Milpitas Municipal Code is hereby amended to read as follows:

Table XI-10-6.02-1
Mixed Use Zone Uses
Use MXD
MXD2
MXD3 Ground Level
(Facing Retail street) Upper Floor

1. Commercial Uses
Alcohol beverage sales C C C C
Commercial services 1 MCS MCS MCS MCS
Grocery stores (supermarkets) C C C C
Pawnshops 2 C C C C
Pet shops C NP NP NP
Retail stores, general merchandise 3 MCS MCS MCS MCS Tanning salons P P P P
Thrift shops (used merchandise)
Retail P P P P
With collections C C C C

2. Entertainment and Recreation
Commercial athletic facilities P P P P
Motion picture theater (see 6 below)
Recreation or entertainment facility C C C C

3. Health and Veterinarian Uses
Animal grooming (no boarding) P P NP P
Hospitals or sanitariums 4 C C C C
Massage establishment 17 MC MC MC MC
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Massage establishment, accessory 17 MCS MCS MCS MCS Medical or dental offices and clinics P NP P P
Medical support laboratories P P P P
Optician and optometrist shop P P P P
Pharmacy or drug store P P P P
Veterinarian clinic P P P P

4. Lodging
Bed and breakfast P P NP NP
Boarding houses (3 or more persons) C C C C
Group dwellings C C C C
Hotels C P P P
Motels C C C C

5. Professional Offices, Financial Institutions and Related Uses4 Financial institutions (banks, savings and loans,
etc.) MCS NP MCS P
Offices 3 MCS NP MCS P

6. Public/Quasi Public and Assembly Uses
Child care
Child care center C P C P
Day care school C C C
Large family child care home P P C P
Small family child care home P P P P
Instruction
Group 13 P NP NP NP
Private P P P P
Park, playground or community center 5 O O O O
Places of assembly 4 C C C C
Public utilities C C C C
Schools, private (elementary, middle and high) 4 C C C C Theaters (Indoor) C C C C
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Trade and vocational schools 4 C C C C
Transportation facilities 2 C C C C

7. Residential Uses
Multi-family housing 7 P NP P P
Transitional and supportive housing 7 P NP P P
Accessory Dwelling Unit 19 P NP P P

8. Restaurants or Food Service
Bar or nightclub C C C C
Brewery/Eateries 10 MCS MCS NP MCS
Catering establishments C C C C
Restaurants 2 P/C P/C NP P/C
With dancing and entertainment C C C C
With ancillary on-premise beer & wine with
no separate bar P P P P
Mobile Food Vending (individual vehicle) 20 P P NP P
Mobile Food Park 20 MC NP NP MC
Commissary MC NP NP MC

9. Unclassified Uses
Artisan Studios & Live-work units,
woodworking or glassworking, plumbing or
metalworking and sign shops 2

MCS MCS MCS MCS
Lobbies and entries for upper floor uses P P NP P
Model home complex 11 P P P P
Mixed use developments 12 P P P P
Planned Unit Development 13 P P P P
Temporary seasonal sales 14 P P P P
Short-Term Rentals 18 P NP P P

10. Vehicle-Related Repair, Sales and Services
Auto sales and rental 15 C C C C
Auto broker (wholesale, no vehicles on site) 2 MCS MCS MCS MCS Vehicle service uses 16 C NP NP C
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1 Refer to Subsection XI -10-6.02-1(B), Performance standards for certain uses, of this Chapter, for standards. 2 Refer to Subsection XI -10-6.02-1, Special Uses, of this Chapter, for standards. 3 Refer to Subsection XI -10-6.02-1(B) Performance standards for certain uses, of this Chapter. 4 Refer to Subsection XI -10-6.02-2, Quasi-Public Uses, of this Chapter, for sta ndards. 5 For parks, playgrounds or community center owned and operated by a government agency or a nonprofit community organization. 6 Refer to XI-10-13.14, Special Uses, Emergency Shelters, of this Chapter. 7 Ground level residential is prohibited in the Ground Level Commercial Area as shown on the Midtown Specific Plan Land Use Map, Figure 3.1.
8 Refer to XI-10-13.13, Special Uses, Single Room Occupancy Residences, of this Chapter. 9 Uses serving upper -floor residential uses, such as common gatherin g space, lobby, and resident services, may be allowed as ground floor uses where residential uses would otherwise not be permitted. 10 Reserved.
11 Refer to Subsection XI -10-13.11(E), Model Home Complexes and Sales Offices, of this Chapter for temporary tract offices. 12 Which include only permitted uses.
13 Refer to Section XI -10-54.07, Planned Unit Developments, of this Chapter, for standards. 14 Refer to Section XI -10-13.11(D), Temporary Seasonal Sales, of this Chapter. 15 New and used auto, recrea tional vehicle and boat sales, excluding commercial vehicles, trucks, buses, vans, and farm equipment, with accessory repairs and services, only allowed if fully enclosed within a building. Bicycle and auto rental agency, excluding c ommercial vehicles, tru cks, buses, vans, boats and RV rentals, only if fully enclosed within a building. 16 Refer to Subsection XI -10-6.02-2, Special Uses, of this Chapter, for standards. Service stations shall follow the "General development policy: Gasoline service stations, and automotive service centers" adopted by the City Council on December 19, 1995. 17 Massage establishments are subject to Title III, Chapter 6 of the Milpitas Municipal Code and Subsection XI -10-13.16 of this title.

Refer to Subsection XI -10-13.16, of th is Title, for special provisions for massage establishments. 18 Only allowed within a dwelling unit, subject to the requirements of Subsection XI -10-13.17, Short -Term Rentals, of this Chapter. 19 Only allowed within multi -family dwellings, subject to the requirements of Subsection XI -10-13.08, Accessory Dwelling Units, of this Chapter.
20 Refer to Subsection XI-10-13.18, Mobile Food Vending, of this Chapter.

SECTION 8. AMENDMENT OF MILPITAS MUNICI PAL CODE TITLE XI, CHAPTER 10, SECTION 7
Title XI, Chapter 10, Section 7 ( Industrial Zone and Standards ), Subsection XI -10-10.02 ( Industrial Use Regulations ), Table XI-10-10.02-1 ( Industrial Zone Uses ) of the Milpitas Municipal Code is hereby amended to read as follows:

Table XI-10-7.02-1
Industrial Zone Uses
Use M1 M2 MP

1. Commercial Uses
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Use M1 M2 MP
Adult Businesses 1 P NP NP
Business support services P NP P
Commercial services P NP P
Janitorial services P NP P
Office supplies C NP C
Printing (newspaper, blueprint, publishing) P NP C
Retail stores, general merchandise 2 C NP C

2. Entertainment and Recreation Uses
Billiards C NP C
Commercial athletic facilities C NP C

3. Health and Veterinarian Uses
Hospitals NP NP C
Kennel P NP NP
Medical support laboratories P NP P
Medical and dental offices and clinics 2 P NP P
Veterinarian hospital P NP P

4. Industrial Uses
Assembly from pre-processed materials 3 P P P
Auto assembly facility NP P NP
Bottling facility P P NP
Building material sales (equipment rental) 4 NP C NP Commercial fueling facility C C NP
Commercial laboratory P P P
Contractor's yard and offices 4 NP C NP
Distribution facility P P P
Freight and trucking yard 4 NP P NP
Mini-storage complex C C NP
Plumbing, metalworking, glassworking or woodworking P P NP 235
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Use M1 M2 MP
Plant or facility (research & development, assembly,
manufacturing, packaging, processing, repairing, etc. or materials, merchandise or products)

P P P
Pottery or tile manufacturing P P NP
Recycling processing facility C C NP
Warehousing and wholesale P P P

5. Lodging Uses
Hotels/motels C NP C

6. Professional Office Uses
Administrative, professional or research 2 P NP P
Financial institutions (banks, savings and loans, etc.) C NP P

7. Public, Quasi-Public and Assembly Uses
Auditorium 5 NP NP C
Conference center 5 NP NP C
Vocational school C NP C
Farmer's market (not including flea market) 6 NP NP C Public utilities 7 P P P
Transportation facility (taxi, parcel service, armored car, etc.) 4 NP P NP Temporary Public Safety Uses 8 C C C
Places of assembly 12 C NP C

8. Residential Uses
Caretaker's residence C C NP

9. Restaurants or Food Service Uses
Catering establishment P NP P
Restaurants
With on-site service of alcohol C NP C
Without on-site service of alcohol C NP C
With live entertainment/dancing NP NP NP
Drive-in or drive-thru C NP C
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Use M1 M2 MP
Mobile Food Vending (individual vehicle) 13 P P P
Mobile Food Park NP NP NP
Commissary P NP P

10. Vehicle Related Uses
Auto junk yard 4 NP C NP
Auto repair (tire, oil change, smog check, etc.) 9 C P C 10 Service stations (with or without repair or retail) 9 C C C With car wash NP C C
Vehicle sales and rental (auto, RV and truck-new and used in operable condition) 11 C C C 10
Auto broker (wholesale, no vehicles on site) 12 MCS MCS MCS

1 In accordance with the Title III, Chapter 4, Adult Business Ordinance and Subsection XI -10-13.04, Adult Businesses, of this Chapter. 2 When found necessary to serve and appropriate to the industrial area. 3 Assembling, packaging, or distribution from p reviously prepared materials, such as cloth, plastic, paper, leather, precious or semi - precious metals or stones, electric or electronic instruments and devices such as television, radios, and pharmaceutical prod ucts. 4 When conducted wholly within a com pletely enclosed building or within an area enclosed on all sides with a solid wall or fence (e.g. chain link with slats) not less than eight feet in height. 5 Shall be ancillary to the primary use or associated with business or industrial uses. 6 Refer to Subsection XI -10-13.10, Farmers Markets, of this Chapter. 7 Includes service facilities, electric transmission and distribution substations and public utility service centers. 8 See Subsection XI -10-13.11(I), Temporary Public Safety Uses. 9 Entrances to the services bays shall not be open to the street, but shall be so designed to face the rear or interior side proper ty line. 10 Within MP zones, rental and repair may be considered only when ancillary to new auto dealerships. 11 Within MP zone s, boat and camper sales are prohibited. Dealerships shall be on property at least three acres or greater in area. 12 See Subsection XI -10-7.04(A)(1), Industrial Zone Special Development and Performance Standards. 13 Refer to Subsection XI-10-13.18, Mobile Food Vending, of this Chapter.

SECTION 9. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 10, SECTION 10
Title XI, Chapter 10, Section 10 ( Institutional Zones and Standards ), Subsection XI-10-7.02 ( Institutional Use Regulations ), Table XI-10-7.02-1 ( Institutional Zone Uses ) of the Milpitas Municipal Code is hereby amended to read as follows:
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Table 10.02-1
Institutional Zone Uses
Use Institutional Zone
Correctional facility C
Educational institutions: 1
Public colleges or universities O
Private colleges or universities C
Public schools O
Farmer's market (not including flea market) C
Government offices and related facilities (Federal, State and Local) C Hospital or sanitarium (Public) 1 C
Library (Public) C
Medical clinic or offices (Public) C
Catering establishment C
Mobile Food Vending (individual vehicle) 3 P
Mobile Food Park NP
Commissary MC
Museum C
Parks C
Public safety uses C
Public service uses C
Public utilities C
Temporary seasonal sales 2 P
Transportation facility C

1 State has authority over permitting process regarding public facilities. 2 Refer to Section XI -10-13.11(D), Temporary Seasonal Sales, of this Chapter. 3 Refer to Subsection XI-10-13.18, Mobile Food Vending, of this Chapter.

SECTION 10. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 10, SECTION 15
Title XI, Chapter 10, Section 15 ( Special Events and Activities ), Subsection XI-10-15.04 ( Special Events and Activities - Definitions ) of the Milpitas Municipal Code is hereby amended to read as follows:
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XI-10-15.04 - Definitions
The definitions set forth in this part shall govern the application and interpretation of this Section.

1. "Amplified Sound" means any sound created by the use of sound amplification equipment and/or performance with electric or acoustic instruments associated with a special event.

2. "Athletic Events" means a physical or endurance activity that includes but is not limited to races, runs, walkathons, bicycle tours and the like.

3. "Block Party" means a party for all the residents of a block or neighborhood, typically held on a temporarily closed City street.

4. "Business day" means any day except Saturday, Sunday and holidays observed by the City of Milpitas.

5. "Business License" means a permit issued by the City of Milpitas that allows individuals, companies, or other entities to transact and conduct business within the City limits.

6. "City Official" means an authorized officer of the City of Milpitas as appointed by the City Manager or City Council.

7. "Director" means the Director or head of the department(s) designated to issue Special Event Permits, or such other person or persons designated by the Director to fulfill the responsibilities identified as the Director's responsibilities herein.

8. "Downtown" means the main business or commercial areas within the Midtown and Transit Area Specific Plan districts and the Town Center Zoning District.

9. "First Amendment Event" means conduct, the sole or principal object of which is the expression, dissemination or communication by verbal, visual, literary, or auditory means of opinion, views or ideas.

Expressive activity includes, but is not limited to, public oratory and distribution of literature.

10. "Food Truck Event" means an event where a more than three food trucks gather in one location.

11.10 "Indigent Natural Person" includes, but is not limited to, a person enrolled or participating in a federal or state government assistance program for low -income or indigent persons such as general assistance, CalWORKS, Medi-Cal, food stamps, Supplemental Security Income (SSI), Women, Infants and Children (WIC), U.S. Department of Housing and Urban Development (HUD) Section 8 rental housing subsidy, and other subsidized or public housing. 1211. "Indoor/Outdoor Facility Rental Agreement" means a rental agreement issued by the Recreation Services Department to conduct a special event in a park.

12. “Mobile Food Vending Event” means an event where two or more mobile food vehicles gather in one location for a period of seven consecutive days or fewer.

13. "Outside Agency" means any local, sta te or federal regulatory agency responsible for administering permits to allow certain activities within their purview. Outside agencies includes but not limited to other City jurisdictions, Santa Clara Valley Water District (SCVWD), Santa Clara Valley Tra nsportation Authority (VTA), California Department of Transportation (Caltrans), California Department of Alcoholic Beverage Control, Santa Clara Country Department of Environmental Health and Santa Clara County Roads and Airports.

14. "Parade" means an organized group marching in procession on a street. Parades do not include races, runs or other athletic events.

15. "Park", for purposes of this Section, means all outdoor areas managed by the Recreation Services Department, which are identified as a Ci ty park by the City, made available for use by the public as a park for recreation or open space purposes, and over which the City has the right of use for such purposes. 239
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The term "park" does not include outdoor areas adjacent to community centers not othe rwise located within a City park, or property owned by school districts even if the property is used by the City for recreational purposes.

16. "Paseo" means a mall designed and used for pedestrian passage between two or more parallel streets and which is owned or controlled by the City. The definition of "paseo" includes any adjacent sidewalks.

17. "Permittee" means a person, company, corporation or entity that is given a permit or permission to hold a Special Event.

18. "Permit Applicant" means a person, company, corporation or entity that applies for a permit.

19. "Plaza" means a public square or similar open area in the downtown which is owned or controlled by the City. The definition of "plaza" includes any adjacent sidewalks.

20. "Public Right-of-Way" means any street, alley, or similar parcel of land, which is deeded, dedicated, or otherwise permanently appropriated to the public for public use.

21. "Regulations" means the policies, rules and regulations mandated by the City which govern the Special Event Permit and use of City sidewalks, streets, plazas, paseos, and parks.

22. "Simple Assembly" means a gathering of persons at a park, plaza or paseo that does not include any of the following:
a) The placement or erection of equipment or temporary structures other than one portable table and two chairs; or
b) Activities referenced in Section XI-10-15.04(23)(c) of this Code. c) For purposes of illustration, a simple assembly can be a large gathering of 150 persons; no equipment or structures (other than a table and two chairs) are placed or erected; and the other activities (i.e., cooking, sale or public distribution of food and commercial merchandise) are not involved. Nothing herein prevents the use of handheld equipment, including a loudspeaker, and handheld signs at a simple assembly.

23. "Special Event" means an outdoor event that consists of any of the following:
a) A parade or assembly consisting of persons, animals, vehicles, o r any combination thereof, which is to intended to assemble or travel in unison on any street and which does not comply with applicable traffic regulations, laws, or controls;
b) An organized assemblage of 150 or more persons at a plaza or park, or 75 or more persons on a paseo, or any assemblage that exceeds the maximum capacity of the plaza, park or paseo facility gathered for a common purpose under the direction or control of a person or organization; or c) An activity or event on a public right-of-way, plaza, paseo, park or private property which involves:
i. The placement or erection of equipment or temporary structures other than one portable table and two chairs, including but not limited to a booth, tent, canopy, stage, barricade, fencing, generator, heating equipment, sound amplifier, vehicle or float; ii. The use of live animals, fireworks, pyrotechnics, electrical power and/or cabling, or equipment or materials that can create a risk of damage to public or private property or injury to persons; iii. Cooking or the sale, preparation for sale or commercial distribution of food or beverages; iv. The sale of commercial merchandise.
d) An activity which involves blocking off a street or other use of a street which obstructs the normal traffic thereon.
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e) Examples of Special Events include, but are not limited to, concerts, parades, carnivals, fairs, festivals, block parties, public dances, street fairs, community events, sporting or athletic events, parties, meals, food truck gatherings mobile food vending events, celebrations and receptions. f) For definitions of "Major" or "Minor" Special Events, see Table XI-10-15.03-1: Review Requirements for Special Events.

24. "Special Event Permit" means a permit issued pursuant to this Se ction, which authorizes the holder to conduct a Special Event at a Special Event Venue in accordance with its terms and conditions. A Special Event Permit includes a Temporary Street Closure Permit, Temporary Assembly Permit, Business License, and any outside agency regulatory permits that may be required for the operations and activities for the aforementioned Special Event.

25. "Special Event Venue" means the outdoor area (i.e., private property, street, park, paseo, or plaza) for which a Special Event Permit has been issued.

26. "Street" means a public or private right -of-way used for vehicular traffic that is owned, controlled or maintained by the City. The definition of "street" includes the entire street right-of-way inclusive of any and all adjacent sidewalks.

27. "Temporary Street Closure Permit" means a permit issued by the Chief of Police of the Milpitas Police Department or designee to conduct a special event on a public street.

28. "Temporary Assembly Permit" means a permit that is issued by the City of Milpitas Fire Marshal for the temporary assembly of 50 or more people associated with a Special Event.

29. "Temporary Collection Service Agreement" means an agreement between the Permittee and City's public service provider for the trash and recycling collection.

30. "Written Request" means written, typed or email correspondence submitted by the applicant to the Director or Designee. Text messages are not included.

SECTION 11. ADDITION OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 10, SECTION 13.18
Title XI, Chapter 10, Section 13.18 ( Mobile Food Vending ) of the Milpitas Municipal Code is hereby added to read as follows:

Section 13.18 – Mobile Food Vending

A. Purpose and Intent

The purpose of this section is to allow mobile food vendors to operate in appropriate areas of the city and to protect and maintain public safety, health and welfare while providing opportunities for small businesses, adding vibrancy and activity to streetscapes and neighborhoods, and exp anding food access in areas underserved by brick-and-mortar restaurants.

B. Definitions

“Catering establishment” means an establishment in which the principal use is the preparation of food and meals on the premises, and where such food and meals are delivered to another location for serving and consumption.

“Commissary” means a fixed-location kitchen where food is stored and prepared for off-site vending from mobile food vehicles. Commissaries serving mobile food vendors may include shared-use commercial 241
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kitchens, private commercial kitchens, restaurant kitchens, and kitchens associated with civic and community organizations such as churches or social clubs; but do not include catering service establishments.

“Ice Cream Truck” means a motorized vehicle selling ice cream or other frozen dairy or non-dairy dessert products on streets and in other public places.

“Mobile Food Park” means a site with two or more mobile food vehicles located together on the same parcel and operating at the same time for more than seven consecutive days.

“Mobile Food Vehicle” means a motorized, wheeled vehicle or towed vehicle designed and equipped to store, prepare, serve and sell food, but which does not include ice cream trucks or mobile food vending wagons or push-carts as regulated in Milpitas Municipal Code Section V-100-10-11.

“Mobile Food Vending” means the selling or offering to sell products from a mobile food vehicle.

C. Mobile Food Vending Review Procedures

1. On Private Property

a. One mobile food vehicle operating on a parcel, when permitted under the use regulations for the applicable zone, may be approved subject to approval of a Minor Site Development Permit (Staff Review) pursuant to Subsection XI-10-57.03(B)(2) of this Chapter.

b. A mobile food park operating for more than seven consecutive days may be approved subject to a Minor Conditional Use Permit (Zoning Administrator Review) pursuant to Subsection XI-10-

57.04(E)(2)(a) of this Chapter.

c. Two or more mobile food vehicles operating on a parcel for a period of seven consecutive days or fewer shall require a Special Event Permit pursuant to Section 15 of this Chapter.

2. In Public Parks and Open Spaces

a. One mobile food vehicle operating within a public park or open space may be approved subject to approval of a Minor Site Development Permit (Staff Review) pursuant to Subsection XI-10-

57.03(B)(2) of this Chapter.

b. Two or more mobile food vehicles operating together within a public park or open space for a period of seven consecutive days or fewer shall require a Special Event Permit pursuant to Section 15 of this Chapter.

c. Mobile food parks shall not be permitted within public parks and open spaces.

3. In Public Right-of-Way

a. Mobile food vending in the public right-of-way is permitted subject to the review and approval of the Milpitas Planning Department, as follows:

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i. In low- and medium-density residential zoning districts R1, R2, and R3, mobile food vending in the public right-of-way may be permitted as part of a one-time or recurring special event for which a Special Event Permit has been issued pursuant to Subsection XI-10-15.07 of this Chapter, or as part of another official event authorized by the City (e.g., National Night Out).

ii. In high-density residential zoning districts R4 and R5; all commercial, industrial, mixed-use, and institutional zoning districts; and within the Midtown and Transit Area Specific Plan areas; mobile food vending in the public right-of-way is permitted upon issuance of all required City and County permits per Section XI-10-13.18(H).

4. Ice Cream Trucks

a. Ice cream trucks may operate on public rights-of-way in all zoning districts, including residential zones, and in public parks with no City of Milpitas Zoning permits required (i.e. permits administered under Milpitas Municipal Code Chapter XI-10 – Zoning). Ice cream trucks shall be required to obtain a City of Milpitas business license.

b. An operator of an ice cream truck proposing to vend in a stationary location on private property shall be subject to all requirements, standards, and permitting procedures in Section XI-10-13.18 that apply to mobile food vehicles.

D. Location and Siting Requirements

1. On Private Property

a. The operator of a mobile food vehicle operating on a privately owned parcel shall obtain prior written permission from the property owner and shall have an original signed copy of such permission available at all times while the mobile food vehicle is in operation on the property.

b. A mobile food vehicle shall be parked on a paved surface outside any designated fire lane and outside any parking or loading space that is required for the principal use on the property.

i. Mobile food vending operations shall not reduce the available parking on the property below the minimum number of parking spaces required to serve the existing use(s) on the lot.

ii. For a property that is nonconforming with respect to parking, mobile food vending operations shall not reduce the total existing amount of parking on the lot.

c. Unless otherwise approved pursuant to Section XI-10-13.18(G)(1), a mobile food vehicle shall be parked a minimum of 15 feet from a driveway curb cut while in operation.

2. In Public Right-of-Way

a. A mobile food vehicle operating in the public right-of-way shall be parked in a legal parking space and shall comply with all City parking regulations at all times while in operation.

b. A mobile food vehicle may only serve customers from an adjacent sidewalk or the side of the vehicle closest to the curb and shall not serve customers from the side of the vehicle closest to the motorized travel lanes of the street.

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3. In Public Parks and Open Spaces

a. The location and siting of mobile food vending operations within a public park or open space shall be subject to the approval of the City of Milpitas Recreation and Community Services Department, through the Minor Site Development Permit or Special Event Permit process as required per Section XI-10-13.18(C)(2)(a) or (b).

b. A mobile food vehicle operating within a public park shall be parked in a legal parking space on a paved surface outside any designated fire lane.

4. Separation from Other Uses.

a. A mobile food vehicle in operation shall be located a minimum of 150 feet from any existing restaurant.

b. A mobile food vehicle in operation shall be located a minimum of 150 feet from a freeway on- or off-ramp.

E. Site Design Standards

1. Parking

a. For one mobile food vehicle operating on private property or in a public park, no parking shall be required to serve the mobile food vending use. The mobile food vehicle shall comply with Subsection XI-10-13.18(D)(1)(b) with respect to parking for other existing uses on a lot.

b. For mobile food parks, one parking space shall be required per 2.5 seats provided on site for customers, plus one parking space per 60 square feet of lot area dedicated to the mobile food vending operation (see Table 53.09-1). Such parking shall be provided in addition to any required parking serving other existing uses on the lot.

2. Access and Circulation

a. All mobile food vending operations shall be located so as not to impede safe movement of vehicular, bicycle or pedestrian traffic, and to maintain a clear line of sight for vehicles, bicycles and pedestrians.

b. No mobile food vehicle shall obstruct access to or circulation through any parking lot, or access to any public sidewalk or alley.

3. Seating Areas

a. For mobile food vehicles operating in the public right-of-way, on-site seating (including tables, chairs, canopies, umbrellas, or similar amenities) shall not be permitted.

b. For one mobile food vehicle operating on private property, the site plan submitted for Minor Site Development Permit review per Subsection XI-10-13.18(C)(1)(a) shall show all proposed temporary amenities and structures for on-site seating and dining. For mobile food parks, the site plan submitted for Minor Conditional Use Permit review per Subsection XI-10-13.18(C)(1)(b) shall show all proposed temporary and permanent amenities and structures for on-site seating and dining.

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c. Mobile food vending operations requiring a Special Event Permit shall be subject to the requirements and procedures in Section 15 of this Chapter for seating, dining areas and similar amenities.

4. Restrooms

a. For one mobile food vehicle operating on private property or for mobile food vehicles operating in the public right-of-way:

i. If the vehicle operates in the same location on an ongoing basis, for at least one day per week and for more than one hour on each day of operation, the operator must have access to a restroom facility within 200 feet pursuant to the Health and Safety Code Section 114315. If the vehicle operates in the same location on an ongoing basis, for at least one day per week and for more than three consecutive hours on each day of operation, the operator must arrange and secure access to a restroom within 200 feet of the site that is available to customers and employees of the mobile food vehicle.

ii. A mobile food vehicle operator to whom Section XI-10-13.18(E)(4)(a)(i) applies shall submit to the City, concurrently with the permit application, a signed letter from the owner of the property on which the restroom is located to verify that the mobile food vending operation has access to the restroom for use by employees and customers (if required) during its hours of operation.

b. For mobile food parks, one single-stall, gender-neutral restroom shall be provided for every five mobile food vehicles operating on the site. In calculating the restroom requirement, fractional numbers shall be rounded down to the nearest whole number.

c. Mobile food vending operations requiring a Special Event Permit shall be subject to the requirements and procedures in Section 15 of this Chapter for restrooms.

F. Operational Standards and Requirements

1. Mobility of operations. Mobile food vehicles shall not connect to temporary or permanent on-site water, gas, electricity, telephone or cable sources.

2. Hours of operation. Unless otherwise approved pursuant to Section XI-10.13.18(G)(1), hours of operation for mobile food vending shall be between the hours of 7:00 am and 10:00 pm.

3. Parking and storage of mobile food vehicles. Outside of hours of active operations mobile food vehicles shall be removed from the operating site, whether on private property or in the public right-of-way.

Mobile food vehicles shall not be parked overnight at the location of operation.

4. Noise. Mobile food vending operations shall comply with the provisions of Milpitas Municipal Code Title V, Chapter 213 – Noise Abatement.

5. Signage. A mobile food vehicle may display signage permanently attached to or painted on the vehicle advertising its products and services. A mobile food vehicle may also place one (1) free-standing ‘sandwich board’ sign within 10 feet of the vehicle that displays information such as the menu, prices, and specials of the day. Any free-standing signage shall be subject to the provisions of Section XI-10-24 of this chapter. No other signs or banners that are separate from the mobile food vehicle shall be placed at the operating site or within the public right-of-way. 245
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6. Trash management and disposal.

a. For one mobile food vehicle operating on private property or in the public right-of-way, and for mobile food parks:

i. All mobile food vending operations shall provide separate and clearly marked receptacles for trash, recycling and/or compost (minimum size for each 32 gallons), according to the collection services available, at the operating site. Operators of mobile food vehicles shall properly dispose of all trash, recycling and/or compost generated by their operations daily.

ii. The operator of a mobile food vehicle shall keep the area within a 25-foot radius of the vehicle, including private property, sidewalks, and roadways, clean and free of paper, food waste and other refuse generated by the operation.

b. Mobile food vending operations requiring a Special Event Permit shall be subject to the requirements and procedures in Section 15 of this Chapter for trash management and disposal.

c. Mobile food vending operations, if using disposable food service ware for packaging and serving, shall use products that are recyclable or compostable. Use of polystyrene foam food service ware is prohibited per Milpitas Municipal Code Title III, Chapter 8 – Prohibition of Expanded Polystyrene (EPS) Foam Food Service Ware.

G. Exceptions to Standards and Requirements

1. Exceptions or reductions to the Location and Siting Requirements, Site Design Standards, and Operational and Standards in Subsections XI-10-13.18(D) through (F) may be granted at the discretion of the Planning Director and the Fire Marshal based on site-specific conditions and subject to the following findings:

a. The proposed number, configuration, and operation of mobile food vehicles is generally consistent with the overall intent of these regulations;

b. The proposed mobile food vending activity will not be detrimental or injurious to property or improvements in the vicinity nor to the public health, safety, and general welfare.

H. Other Permits and Licenses Required

1. All mobile food vehicles operating within the City of Milpitas must obtain a permit for mobile food facilities from the Santa Clara County Department of Environmental Health. The valid County health permit shall at all times be displayed on the vehicle in a location visible to the public.

2. All mobile food vehicles operating within the boundaries of the City of Milpitas shall obtain a current City of Milpitas business license prior to establishing a vending location on public or private property or setting up operations. The license shall at all times be displayed on the vehicle in a location visible to the public.

All mobile food vehicles must have current and valid vehicle registration clearly displayed on their license plates while vending at the operating site or in the public right-of-way.

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SECTION 12. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 10, SECTION 39
Title XI, Chapter 10, Section 39 ( POS Park and Public Open Space District ), Subsection XI -10-39.03 ( POS Park and Public Open Space District – Conditional Uses ) of the Milpitas Municipal Code is hereby amended to read as follows:

Section 39 - POS Park and Public Open Space District
XI-10-39.02 - Uses Permitted
The following are the principal permitted uses in a POS District:

39.02-1 Public parks and recreational facilities, with the exception of public community centers and public indoor sports centers.

39.02-2 Public trails.

39.02-3 Public community gardens.

The following are permitted as accessory uses in a POS District:

39.02-4 One mobile food vehicle, subject to approval of a Minor Site Development Permit pursuant to Subsection XI-10-57.03(B)(2) of this Chapter. See also Subsection XI -10-13.18.

39.02-5 Two or more mobile food vehicles operating together for a period of s even consecutive days or fewer, subject to approval of a Special Event Permit pursuant to Section 15 of this Chapter. See also Subsection XI-10-13.18.

XI-10-39.03 - Conditional Uses
The following uses may also be permitted if their location is first approved by the Planning Commission, as provided for in Section 57, after considering a recommendation from the Parks, Recreation, and Cultural Resources Commission:

39.03-1 Public community centers and public indoor sports centers.

39.03-2 Day care centers.

39.03-3 Public utility facilities.

39.03-4 Radio or television transmitters.

SECTION 13. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 10, SECTION 53
Title XI, Chapter 10, Section 53 (Off-Street Parking Regulations), Subsection XI-10-53.09 (Off-Street Parking Required by Land Use), Table 53.09-1 (Number of Parking Spaces Required) of the Milpitas Municipal Code is hereby amended to read as follows:

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Table 53.09-1
Number of Parking Spaces Required
Use Minimum Parking Spaces Required
A. Commercial Uses
Commercial Services1 (floral shops, barber shops, dry
cleaners, Laundromats, photocopy shops)
1 per 200 sq. ft.

Furniture and appliance stores and other bulky item
retail
1 per 350 sq. ft.

General Retail and Convenience Stores 1 per 200 sq. ft.

Mortuary, funeral parlor 1 per 4 seats and 1 per employee Plant nursery 1 per 200 sq. ft.

B. Entertainment and Recreation
Arcade and amusement 1 per 200 sq. ft.

Billiards 1 per 200 sq. ft.

Bowling Alleys including incidental accessory uses
(eating and drinking, billiards, etc.)
6 per alley or lane
Clubs and Lodges 1 per 200 sq. ft.

Commercial Athletic Facility (indoor) 1 per 150 sq. ft.

With outdoor or indoor sports courts
Small courts (tennis, badminton) 2 per court plus required parking for other uses on site.

Large courts (basketball, volleyball) 5 per court plus required parking for other uses on site.

Golf Course 6 per hole plus parking for ancillary uses Miniature Golf 1.25 per tee, plus 1 per employee
Motion Picture Theater (indoor) 1 per 3.5 seats
Nightclub 1 per 30 sq. ft.

C. Health and Veterinarian Uses
Convalescent Homes 1 per 2 beds or 1 per 1,000 sq. ft, whichever is greater
Hospital 1 per bed or 1 per 220 sq. ft., whichever is greater Kennel, indoor 1 per 1,000
Massage Establishments Two per treatment room or if no treatment room, one per 2 chairs or 2 tables
Medical and dental Clinic and Office 1 per 225 sq. ft.

Veterinary Clinic and Animal Grooming 1 per 250 sq. ft.

D. Industrial Uses
Distribution
Manufacturing
Warehousing
1 per 1,500 sq. ft.

Mini Storage 1 per 5,000 sq. ft., plus 1 per resident manager Wholesale 1 per 500 sq. ft.

Research and Development
Medical Laboratories
High employee demand uses
1 per 300 sq. ft.

Office space within an industrial building (to be
combined with categories above)
1 per 350 sq. ft.

E. Lodging
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Extended Stay Hotels 0.7 per guest room or unit5
Hotels 0.7 per guest room5
Motels 0.7 per guest room5
F. Professional Offices, Financial Institutions and Related Uses Automated Teller Machine (free standing) 2 per machine Financial institutions (banks, savings and loans, etc.) 1 per 180 sq. ft.

Offices, administrative and business services 1 per 240 sq. ft.

G. Public, Quasi-Public and Assembly Uses
Adult Day Care 1 per 500 sq. ft.

Auditoriums and theaters and places of meeting and
assembly
1 per 4 seats
Child Care Uses2, 3:

Day Care School 1 per classroom or 1 per 500 sq. ft., whichever is greater.

Small family child care home Same as required for underlying residential use Large Family Child Care Home and Child Care
Centers
1 per 1.5 employees
Community Center 1 per 4 fixed seats, or 1 per 6 linear feet of seating, plus 1 per 200 square feet of area without seating
but designed for meeting or assembly by guests,
plus 1 per 500 sq. ft. of outdoor area developed for
recreational purposes
Museums 1 per 400 sq. ft.

Public Utilities 1 per 400 sq. ft.

Religious Institutions 1 per 5 seats in the main area of assembly plus parking for classrooms and offices in this table.

Where there are no seats, then 1 seat equals 7 sq. ft.

Educational Institutions:

School-elementary (K-8 Private) 1 per classroom, plus 1 per 240 sq. ft. of office School-secondary (9-12 Private) 1 per classroom, plus 1 per 240 sq. ft. of office, plus 1 per 5 students
Vocational School, including business, professional,
technical and trade
1 per 200 sq. ft.

Instructional Studios (Dance, Yoga) 1 per 150 sq. ft.

Private instruction, personal enrichment (tutoring) 1 per instructional area or classroom, whichever is greater. No fewer than 3 spaces.

Stadiums and arenas 1 per 4 seats
H. Restaurants or Food Service
Banquet facilities See restaurants below
Bars, Drinking Establishments 1 per 30 sq. ft.

Drive thru See "Vehicle Related Uses" section.

Restaurants:

Sit down:

Indoor and outdoor: 1 per 39 square feet of dining area.

Take out: 1 per 2.5 seats (indoor/outdoor) plus 1 per 60 sq. ft.

GFA for the ordering or take out area.
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Mobile Food Parks 1 per 2.5 seats provide for on-site dining, plus 1 per 60 sq. ft. of lot area dedicated to mobile food
vending.

I. Residential Uses
Single Family and Duplexes:
3 bedrooms or fewer 2 per unit4
4 or more bedrooms 3 per unit, plus 1 per each additional bedroom4 Multi-Family (R3—R5 zones):

Studio 1 covered per unit
1 bedroom 1.5 covered per unit
2—3 bedrooms 2 covered per unit
4 or more bedrooms 3 per unit, plus 1 additional space for each additional bedroom (at least two covered).4
Guest parking
Projects with Parking structures 15% of the total required, may be uncovered Projects with Private garages 20% of the total required, may be uncovered Bicycle parking 5% of the total required
Boarding houses, dormitories, sororities and
fraternities
1 per each room rented
Live-Work Units Single family and duplexes parking requirements shall apply, plus 1.5 for the commercial component
Mixed Use buildings or sites
Residential use
Studio 1 covered per unit
1 bedroom 1.5 covered per unit
2—3 bedrooms 2 covered per unit
4 or more bedrooms 3 per unit, plus 1 additional space for each additional bedroom (at least two covered).4
Guest parking
Projects with Parking structures 15% of the total required, may be uncovered Projects with Private garages 20% of the total required, may be uncovered Bicycle parking 5% of total required
Commercial use
Ground Floor Retail 1 per 250 sq. ft.

Office If building is 1,000 sq. ft. or smaller: 1 per 250 sq. ft.

If building is larger than 1,000 sq. ft.: 3.3 per 1,000 sq. ft.

Short-Term Rentals 1 per unit
Other uses Refer to specific uses within this table
Bicycle parking 5% of total required
Mobile Homes Refer to Section 13.07, Mobile Homes
Senior Housing 1 per unit plus 2 per manager's unit
Single Room Occupancy (SRO) 1 per unit
J. Vehicle Related Uses
Auto rental agency 1 per 400 sq. ft. plus 1 per rental vehicle Auto repair (tire, oil change, smog check, etc.) 3 per service bay 250
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Car Wash 1 per 200 sq. ft. of building area and reservoir space outside of building equal to two (2) times the
maximum capacity of facility
Gas & Service Stations:

With Retail 1 per 200 sq. ft.

With Auto Repair 3 per service bay
Auto dealerships:

Sale or lease of vehicle 1 per 200 sq. ft. of showroom Office 1 per 200 sq. ft.

With Service Bays 3 per service bay
Window service or drive-thru in conjunction with any
other use
The required parking for primary use (restaurant, or
other use providing window service) plus queuing
of 5 vehicles which do not interfere with any on-site
parking spaces

1 Refer to Subsection 2.03, Definitions, of this Chapter for a full description of "Commercial Services." 2 For loading and unloading: One (1) parking space per six (6) children up to five (5) spaces and thereafter one (1) space per ten (10) children. Driveways, garage aprons and street frontage may be counted if appropriate permits are first received when calculating spaces for child care homes. Tandem spaces are prohibited.
3 Exceptions for Child Care Requirements: The parking and loading/unloading requirements for child care facilities may in the Planning Commission's discretion be reduced, based on an empirical study (provided by the applicant) which establishes no adverse effects will occur as a result. The required number of loading/unloading spaces may be reduced without a study by one (1) space for each employee permanently assigned to load and unload children from vehicles. 4 Applicable to new and existing projects being remodeled resulting in additional bedrooms submitted for approval after April 7, 2009.

Existing projects or projects either entitled or submitted active planning applications prior to April 7, 2009 shall use the parking regulations in effect at the time of entitlement or application submittal. For R4, R5, MXD/MXD2/MXD3 zones, 15% guest parking is legal an d conforming for projects entitled or active planning applications submitted prior to April 7, 2009. 5 Refer to Subsection XI-10-53.15, Parking Standards for Hotels and Motels, of this Chapter for allowed reductions to minimum parking requirements.

SECTION 14. SEVERABILITY
The provisions of this Ordinance are separable, and the invalidity of any phrase, clause, provision, or part has no effect on the validity of the remainder.

SECTION 15. EFFECTIVE DATE AND POSTING
In accordance with Section 36937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. The City Council hereby directs the City Clerk to cause this Ordinance or a summary thereof to be published in accordance with Section 36933 of the Government Code of the State of California.
251
Item # 17.

RESOLUTION NO.
2 1
-
0 02

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MILPITAS

RECOMMENDING THAT THE CITY COUNCIL ADOPT A
CITY
-

INITIATED

ZONING TEXT AMENDMENT

TO AMEND

SECTIONS OF

TITLE
XI,

CHAPTER
10 AND

TITLE V,
CHAPTER 100 OF
THE

MILPITAS MUNICIPAL CODE

RELATING
TO

MOBILE FOOD VENDING AND ESTABLISHING OPERATING CONDITIONS FOR

MOBILE FOOD VEHICLES
;

AND DETERMINING THE ORDINANCE TO BE

EXEMPT FROM

ENVIRONMENTAL REVIEW PURSUANT TO
CEQA

GUIDELINES

SECTION
15061(B)(3)

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

WHEREAS
, California Government Code Section 65800 et seq. authorizes the adoption and administration of zo
ning laws, ordinances, rules and regulations by cities as a means of implementing the General Plan; and

WHEREAS
,

mobile food vehicles, also commonly known as food trucks, have become increasingly common and popular in recent years, and Milpitas has exper ienced an increase in
the number of mobile food vehicles operating or seeking to operate in the city; and

WHEREAS
, mobile food vehicles
provide a valuable service that is enjoyed by Milpitas
residents, create opportunities for small businesses, and contri bute to active, interesting and
vibrant neighborhoods in the city; and

WHEREAS
, the Planning Department currently has written standards for the operation of mobile food vehicles,
which

are not regulatory and do not have the force of law; and

WHEREAS
,

the

City’s Zoning Ordinance, Chapter 10 of Title XI of the Milpitas Municipal Code, does not currently include regulations for mobile food vending or mobile food vehicles; and

WHEREAS
, the City wishes to enact appropriate regulations applying to mobile food

vehicles that encourage the
ir

operation in Milpitas while also maintaining public safety, health and welfare and avoiding negative impacts from the operation of mobile food vehicles; and

WHEREAS
, the City has prepared a Zoning Amendment (“Amendment”) to the City’s
Municipal Code, including
adding a new Section 16 (“Mobile Food Vending”) to Title XI, Chapter 10
–
Zoning;
refinements to

Subsection 4.02 (“Residential Use Regulations”),
Subsection

5.02 (“Commercial Use Regulations”)
, Subsection 6.02 (“Mixed Use

Regulations”), Subsection

7.02 (“Industrial Use Regulations”), Subsection 10.02 (“Institutional Use Regulations”), Subsection 15.04 (“Special Events

and Activities
–

Definitions”), and Subsection 39.03 (“POS
Park and Public Open Space District
–

Condition
al Uses”)

of
Title XI,
Chapter
10 –
Zoning; and
refinements to Subsection 10.11 (“Unlawful Parking
–
Peddlers, Vendors”)

of
Title V, Chapter
100
–
Traffic, of
the Municipal Code
; and

DocuSign Envelope ID: 6273D35B-CD29-4759-9E6B-2189FF0780DC 252
Item # 17.

R
esolution No.
2 1
-
002

Page
2 WHEREAS
, the Planning Commission makes and accepts as its own the findings set forth in
this

resolution; and

WHEREAS,

the Planning Commission is an advisory body to the City Council; and

WHEREAS
, the Planning Commission hereby finds and determines that the proj ect is
exempt from further CEQA review
pursuant to
CEQA Guidelines section
15061(b)(3)
(
common
sense exemption);
and

WHEREAS
, on
February 24
, 20
21 , the Planning Commission held a duly noticed public hearing on the subject application, at which all those i n attendance were given the opportunity to
speak on

the

Zoning Text Amendment
; and

WHEREAS
, the Planning Commission has considered
all

the written and oral testimony
presented at the public hearing in making its decision; and

NOW THEREFORE
, the Planning
Commission of the City of Milpitas hereby finds,
determines and resolves as follows:

SECTION 1. Recitals.

The Planning Commission has duly considered the full record before it, which may include but is not limited to such things as the City staff report,

testimony by staff and the public,
and other materials and evidence submitted or provided to the Planning Commission.

Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.

SECTION 2.

CEQA Finding

The

Planning Commission recommends that the

City

Council find
, under
CEQA
Guidelines
, Section 15
061(b)(3)
, that this Ordinance
is
exempt from
further environmental review
because it is
the adoption of an o
rdinance
amending zoning
regulations

but

would not permit any
particular project. Therefore, it can be seen with certainty that there is no possibility that the Ordinance in question may have a significant effect on the environment; accordingly, the Ordinance is
not subject to review under
CEQA.

SECTION 3. Findings for Zoning Amendment (Milpitas Municipal Code, Subs
ection XI
-
10 -
57 -
02(G)(3))
-

The Planning Commission makes the following findings
based on the evidence in the public record in support of Zoning Text Amendment No. ZA 2 1
-
000
1 :

1. The
proposed amendment is consistent with the General Plan.

The proposed zoning amendments
are consistent with the Milpitas General Plan and help
to implement goals and policies in the Land Use Element related to community DocuSign Envelope ID: 6273D35B-CD29-4759-9E6B-2189FF0780DC 253
Item # 17.

R
esolution No.
2 1
-
002

Page
3 amenities, economic development
and small business opportunities. The new regulations
support local economic development by creating accessible, low -
cost business
opportunities in the food industry and creating jobs for food service employees. The amendments allow and encourage a new, m
obile land use type and provide clear and
appropriate standards for this use to operate in an orderly manner, consistent with the well
-
being of communities and public spaces.

2. The proposed amendment will not adversely affect the public health, safety and w elfare.

The proposed zoning amendments are designed specifically to protect public health, safety
,

and welfare as they relate to mobile food vending. The amendments contain provisions for the location and siting of mobile food vehicles that prohibits them

from
operating in areas where they would conflict with existing uses (such as residential districts) and avoids or minimizes potential impacts related to noise, waste generation, etc. The amendments also include safety standards to ensure that mobile food

vehicles
and their operations
will not obstruct the safe
and orderly
movement and circulation of
pedestrians, bicycles or vehicular traffic. Health requirements for mobile food vending in Milpitas are regulated by the Santa Clara County Department of Envi ronmental Health,
and the City’s proposed zoning regulations include a requirement for vendors to obtain and display a County health permit and to abide by all applicable health regulations.

SECTION 4:

The Planning Commission of the City of Milpitas hereb
y adopts

Resolution No.
2 1
-
0 02

recommending that the City Council adopt Zoning Text Amendment ZA
2 1
-
000
1 based on the above Findings.

PASSED AND ADOPTED

at a regular meeting of the Planning Commission of the City of Milpitas on
February 24
, 202
1 .

Steve Tao,
Chair

DocuSign Envelope ID: 6273D35B-CD29-4759-9E6B-2189FF0780DC Mar-08-2021
254
Item # 17.

Resolution
No. 21-002 Page 4
TO WIT:

I HEREBY CERTIFY that the following resolution was duly adopted at a regular meeting of the Planning Commission of the City of Milpitas on February 24, 2021 and carried by the following roll call vote:

COMMISSIONER AYES NOES ABSENT ABSTAIN

St
eve Tao
Bil
l Chuan
Tim Alcorn
St
eve Belong
Mer
cedes Albana
La
rry Ciardella
Alexa
nder Galang

DocuSign Envelope ID: 6273D35B-CD29-4759-9E6B-2189FF0780DC 255
Item # 17.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution Submitting to the Qualified Voters of the City of Milpitas a Measure Amending Chapter 400 (Mayoral and Councilmanic Term Limits) of Title 1 (Administration) of the Milpitas Municipal Code to Amend Term Limits on Mayoral and City Council Member Service, at a General Municipal Election to be Consolidated with the Statewide General Election to be Held November 8, 2022, and Setting Rules for Arguments and Rebuttals for and Against Said Measure (Staff Contact: Michael Mutalipassi, City Attorney, 408-586-3040 and Ashwini Kantak, Assistant City Manager, 408-586-3053)
Category: Leadership and Support Services
Meeting Date: 6/7/2022
Recommendation: Adopt a resolution submitting to the qualified voters of the City of Milpitas a measure amending Chapter 400 (Mayoral and Councilmanic Term Limits) of Title 1 (Administration) of the Milpitas Municipal Code to amend term limits on Mayoral and City Council Member Service, at a General Municipal Election to be consolidated with the Statewide General Election to be held November 8, 2022, and setting rules for arguments and rebuttals for and against said measure.

BACKGROUND:

Term limits were adopted by the voters on May 17, 1996, which added Milpitas Municipal Code section I-400.

The Municipal Code specifies that a person may serve a maximum of three consecutive elective terms as either a City Councilmember or as the Mayor. However, a person can extend out these terms if they are a Councilmember who is elected to Mayor or the Mayor who is elected to a City Council seat. Under this latter scenario, a person can serve a combined total of no more than four consecutive elected terms. The present term limits leave the total service time for consecutive terms served by councilmembers incongruent with the total service time for consecutive terms served by the mayor. Under the current term limit code, a councilmember could serve for 14 consecutive years before he or she is required to take a two-year cooling off period. The mayor may only serve for 10 consecutive years before he or she must take a two-year cooling off period.

At the August 4, 2020, City Council meeting, the City Council voted to discuss the possibility of pursuing a change to the term limits applicable to the Mayor and the City Council. At the March 16, 2021 City Council meeting, the City Council voted to agendize a discussion to change the term limits. At the March 16, 2021, meeting, Mayor Tran also requested information related to potentially eliminating the position of the directly elected Mayor in favor of a rotational Mayor position amongst all councilmembers. At the April 5, 2022 City Council meeting, the City Council decided to change the term limits for the councilmembers from three four- year terms to two-four year terms, but could not reach a consensus with regard to the mayoral terms. The Council requested further information concerning mayoral term limits. At the May 10, 2022 council meeting, the Council directed staff to bring back a draft resolution changing the Councilmember term limits, but leaving the Mayoral term limits intact.

In order to change the term limits, a ballot measure will need to be proposed by the City Council and approved by voters. The process of putting forth a ballot measure requires the Council to adopt a resolution to put the measure before the qualified voters of the City.
256
Item # 18.

ANALYSIS:

California Government Code section 36502(b) authorizes a general law city, such as the City of Milpitas, to limit the number of terms an elected Mayor or City Councilmember may serve. This State law outlines two principal rules:

 A local term limits measure must be “prospective”. It may only apply to new Mayoral/Council terms that were voted upon at the same election as the measure, or terms voted upon at a later election. For example, a term limits measure passed at the November 8, 2022 General Municipal Election could apply to new terms elected at that same election and to those new terms elected in November 2024, 2026, etc. However, it could not apply to terms elected two years earlier at the November 3, 2020 General Municipal Election. That would make the measure impermissibly “retroactive” rather than “prospective”.

 A local term limits measure requires voter approval. It must be submitted to City of Milpitas voters at a “regularly scheduled election” and obtain majority voter approval. Under case law, a “regularly scheduled election” means (i) a statewide primary election, (ii) a statewide general election or (iii) a general municipal election. The next Statewide General Election will be held on November 8, 2022, which also coincides with the City’s next General Municipal Election. Staff notes that most cities schedule term limits measure elections to coincide with their Council elections. Because term limits measures require voter approval, the State Elections Code for local measures applies. Such a measure may be placed on the ballot by either a citizens’ initiative petition, signed by least 10% of the City’s registered voters, or by City Council majority action to call the measure for election. Once placed on the ballot, the City Attorney will prepare an impartial analysis of the measure and interested persons may submit written arguments for or against the measure, to be included in the voter information guide as provided by State Elections Code.

Beyond these two principal rules, how a term limits measure is ultimately written is left to local policy. At the direction of this Council, the attached ordinance was drafted for the consideration of the voters. The ordinance would effectively align the maximum length of consecutive service prior to a cooling off period for Councilmembers with that of the Mayor. Beginning in 2024, Councilmembers will be limited to two consecutive terms on the Council, with an additional term as Mayor, prior to being termed out for a two-year cooling off period. The Mayor’s term limit will remain unchanged. The Mayor may serve three consecutive terms, with an additional term as a Councilmember, before being termed out for a two-year cooling off period. This change aligns the total number of consecutive years that can be served by any member of the City Council to a total of ten years before a two-year cooling off period.

Section I-400-3(C) of the draft ordinance sets forth the transitional rules for the Mayor and Councilmembers who are currently in those seats when the new code goes into effect. Under these transitional rules, the term limits do not reset upon the effective date of the new code. Thus, a mayor who has served by election or appointment the terms beginning in years 2016, 2018, and 2020, may not run for mayor in 2022. That person may run for council in 2022 but must take a two-year cooling off period after serving those consecutive terms.

Likewise, a councilmember who has served for the terms beginning in 2016 and 2020 may run for a single mayoral term before taking a cooling off period. A councilmember who has served for the term beginning in 2020 may run for one additional council term followed by a mayoral term. These transitional term limits keep the new code in line with the term limits previously in place and ensure that the members currently serving on the council will continue to follow the same rules as everyone else.

POLICY ALTERNATIVE(S):

Alternative 1: Do not adopt the resolution to submit the term limit issues to the voters.

Pros: The City will not incur the cost of conducting an election on this ballot measure.

Cons: The term limits for Councilmembers will not change. Councilmembers will be able to serve a total of fourteen consecutive years before being required to take a two-year cooling off period. 257 Item # 18.

Reason for Not Recommending: The Council has expressed its desire to change the term limits for Councilmembers.

FISCAL IMPACT:

The estimated expense of placing the item on the November ballot is $80,000 to have the Santa Clara County Registrar of Voters conduct the election. These costs include $73,475 for the election and $5,909 for the publication of the required impartial analysis. In addition, the text of the measure can, but need not, be printed at a cost of $8,482 per page. This amount may be funded by the FY2022-23 General Fund Unanticipated Expenditures Reserve.

California Environmental Quality Act (CEQA):

The City Council’s action in adopting a resolution placing the item on the ballot for a general election is not a project subject to the California Environmental Quality Act (CEQA) as it is more akin to general organizational or administrative activities of the City that will not result in direct or indirect physical changes in the environment pursuant to CEQA Guideline 15378(b)(5).

RECOMMENDATION:

Adopt a Resolution Submitting to the Qualified Voters of the City of Milpitas a Measure Amending Chapter 400 (Mayoral and Councilmanic Term Limits) of Title 1 (Administration) of the Milpitas Municipal Code to Amend Term Limits on Mayoral and City Council Member Service, at a General Municipal Election to be Consolidated with the Statewide General Election to be Held November 8, 2022, and Setting Rules for Arguments and Rebuttals for and Against Said Measure.

Attachment(s):

A Resolution Submitting to the Qualified Voters of the City of Milpitas a Measure Amending Chapter 400 (Mayoral and Councilmanic Term Limits) of Title 1 (Administration) of the Milpitas Municipal Code to Amend Term Limits on Mayoral and City Council Member Service, at a General Municipal Election to be Consolidated with the Statewide General Election to be Held November 8, 2022, and Setting Rules for Arguments and Rebuttals for and Against Said Measure
258
Item # 18.

RESOLUTION NO. 2022-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS,

CALIFORNIA, SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF MILPITAS A MEASURE AMENDING CHAPTER 400 (MAYORAL AND COUNCILMANIC TERM LIMITS) OF TITLE 1 (ADMINISTRATION) OF

THE MILPITAS MUNICIPAL CODE TO AMEND TERM LIMIT S ON

MAYORAL AND CITY COUNCIL MEMBER SERVICE, AT A GENERAL

MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE
STATEWIDE GENERAL ELECTION TO BE HELD NOVEMBER 8, 2022,

AND SETTING RULES FOR ARGUMENTS AND REBUTTALS FOR AND

AGAINST SAID MEASURE

WHEREAS, the City of Milpitas is governed by an elected City Council consisting of a separately elected Mayor who currently serves two-year terms and four City Council Members who currently serve four-year terms; and

WHEREAS, the Mayor and City Council Members are generally elected in November of even-numbered years; and

WHEREAS, the Milpitas Municipal Code currently sets the following term limits on Mayoral and City Council service:

• A combined total of three consecutive elective terms serving as either Mayor or as a Councilmember; however

▪ If a Councilmember is elected Mayor or the Mayor is elected as a Councilmember, the official may serve a combined total of four c onsecutive elective terms; and

▪ Once the elected official reaches their respective term limit, he or she must step down from that office for a “cooling off period” of at least two years and may then serve again in elective office; and

WHEREAS, the Milpitas City Council desires to propose an ordinance/measure (the “Measure”) which would amend Chapter 400 of Title 1 of the Milpitas Municipal Code in order to amend Mayoral and City Council term limits as follows, effective starting with the November 8, 2022 General Municipal Election:

• A combined total of three consecutive elective t erms serving as Mayor , however, if the Mayor is thereafter elected as a Councilmember, the official may serve a combined total of four consecutive elective terms, for a combined total of ten consecutive years (6 years as Mayor and 4 years as a Councilmember; and

• A combined total of two consecutive elective t erms serving as a Councilmember, however, if a Councilmember is thereafter elected as Mayor, the official may serve a combined total of three consecutive elective terms, for 259
Item # 18.

City of Milpitas
Resolution No. 2022-___

Page 2 ends

Milpitas City CouncilJune 7, 2022

Milpitas City Council
June 7, 2022