Agenda packet — Milpitas City Council, June 21, 2022 (part 1 of 4)

REGULAR MEETING OF THE MILPITAS

CITY COUNCIL

June 21, 2022 Milpitas City Council Agenda Page 1

AG E N D A
TUESDAY, JUNE 21, 2022
CITY COUNCIL CHAMBERS, 455 E CALAVERAS BLVD, MILPITAS, CA 7:00 PM (PUBLIC BUSINESS)

For assistance in the following languages, you may call:

Đối với Việt Nam, gọi 408-586-2400
Para sa Tagalog, tumawag sa 408-586-3051
Para español, llame 408-586-3072
The City Council meeting is held in the City Council Chamber at City Hall, 455 E. Calaveras Blvd., Milpitas and via teleconference/Zoom webinar.

You may watch the Council meeting without providing public comment by accessing it via links here.

Meeting shall be livestreamed - Go to:

Facebook: https://www.facebook.com/CityofMilpitas/
YouTube: https://www.ci.milpitas.ca.gov/youtube
Web Streaming: https://www.ci.milpitas.ca.gov/webstreaming

PUBLIC COMMENT INSTRUCTIONS
Oral public comments may be provided live during the City Council meeting in person or by registering for the zoom meeting in advance. To register you will need to provide an email address (not disclosed) and a name. To minimize technical difficulties, please make sure that you have the latest version of the Zoom Application. Below is the link to register for this meeting only:
https://ci-milpitas-ca-gov.zoom.us/webinar/register/WN_glCJvLOGTHmzXxnwToka-Q After you register a link will be sent to you to join the City Council meeting in order to give your comments.

All registered meeting attendees who wish to speak must click on the “raise hand” icon when the Mayor calls for public comments. If participating by calling in on your phone, dial *9 to use the “raise hand” feature, and when you are called upon, hit *6 to unmute your phone. Your phone number will be displayed in the live meeting. The Mayor will call the speakers to begin.

All comments provided shall be limited to three minutes or less as determined by the Mayor. All members of the public will be limited to one comment per agenda item, and one comment for non-agenda items.

MILPITAS CITY COUNCIL CODE OF CONDUCT
 Be respectful and courteous (words, tone, and body language).  Model civility.
 Avoid surprises.
 Praise publicly and criticize privately.
 Focus on the issue, not the person.
 Refrain from using electronic devices while on the Council dais.  Disclose conflicts of interest and affiliations related to agenda items.  Separate governing from campaigning.
 The Council speaks with one voice after making policy on issues.  Respect the line between policy and administration.
 Council will hold one another accountable to comply with this Code of Conduct.

1 June 21, 2022 Milpitas City Council Agenda Page 2

CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk (7:00 PM)

PLEDGE OF ALLEGIANCE
INVOCATION (Vice Mayor Montano)
PRESENTATIONS (7:05 PM)
 Commendation to Retiring Deputy Fire Chief Albert Zamora  Commendation of Appreciation for Businesses Supporting the Community  Russell Girls Volleyball Team Recognition
PUBLIC FORUM (7:10 PM)
Those in the audience and via Zoom are invited to address City Council on any subject not on tonight’s agenda. In-person speakers wishing to address the Council are requested, but not required to complete a Speaker Card and submit it to the Mayor. In-person speakers will then be asked to come up to the podium and state their name for the record. Those interested in speaking via Zoom may do so by following the instructions on page one (1) of the agenda. Comments may be limited to three (3) minutes or less at the Mayor’s discretion. As an item not listed on the agenda, no response is required from City staff or the Council and no action can be taken. The City Council may instruct the City Manager to place the item on a future meeting agenda.

NOTE: If a member of the public wishes to share any presentation materials for Council consideration, they must be submitted to the Clerk’s Office by email to [email protected] by 12:00 p.m. on the day of the meeting. No presentations will be accepted in person in the Council Chambers.

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS (7:15 PM)
Members of the City Council or City Manager may make brief announcements at this time. Members of the City Council may also suggest future agenda items at this time. For future agenda items, the City Council shall not debate the topic or engage in discussion but shall simply state a “yes” or “no” as to whether to direct the City Manager to place the item on a future meeting agenda. If a majority of the City Council agrees to place an item on a future meeting agenda, the City Manager shall place the item on a future agenda for City Council discussion.

ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS

READING OF THE CITY COUNCIL CODE OF CONDUCT

APPROVAL OF AGENDA
CONSENT CALENDAR (7:25 PM)
Consent calendar items are considered to be routine and will be considered for adoption by one motion. There will be no separate discussion of these items unless a City Councilmember, member of the audience or staff requests the Council to remove an item from (or be added to) the consent calendar. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar.

C1. Receive the City Council Calendar of Meetings for June and July 2022 (Staff Contact: Wendy Wood, City Clerk, 408-586-3001)
Recommendation: Receive the City Council Calendar of Meetings for June and July 2022.

C2. Approve the Regular and Special Meeting Minutes of June 7, 2022 (Staff Contact: Wendy Wood, City Clerk, 408-586-3001)
Recommendation: Approve the Regular and Special Meeting Minutes of June 7, 2022.

C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Wendy Wood, City Clerk, 408-586-3001)
2 June 21, 2022 Milpitas City Council Agenda Page 3

Recommendation: Receive the list of anticipated agenda items for the next regular City Council meeting.

C4. Receive and Review the List of Agenda Items Requested by City Councilmembers (Contact:

Mayor and City Councilmembers, 408-586-3000)
Recommendation: Review the list of items that have been requested by City Councilmembers and provide direction to staff as necessary. No substantive discussion about any specific item shall occur and the City Council shall hold all debate about the item until it is scheduled as a full agenda item.

C5. Authorize the City Manager to Accept CalRecycle Grant of $107,661 and Approve Related Budget Amendment (Elaine Marshall, Deputy Public Works Director, 408-586-2603) Recommendation: Authorize the City Manager to accept grant funding from CalRecycle’s One-Time Senate Bill 1383 Local Assistance Grant and approve related budget amendment for revenues in the amount of $107,661 for the Solid Waste Fund (Fund 280) for FY 2021-22.

C6. Approve and Authorize the City Manager to Execute a Stormwater Management Facilities Operation and Maintenance Agreement for Milpitas Town Center 2008 LP for the Chick-fil-A project at 755 East Calaveras Boulevard. (Staff Contact: Steve Erickson, 408-586-3301) Recommendation: Approve and authorize the City Manager to execute a Stormwater Management Facilities Operation and Maintenance Agreement for Milpitas Town Center 2008 LP for the Chick-fil-A project at 755 East Calaveras Boulevard.

C7. Authorize City Manager to Enter into a Memorandum of Understanding with the MUSD for Expansion of After the Bell for the Extended Learning Opportunities Program (Staff Contact:

Renee Lorentzen, Director of Recreation and Community Services, 408-586-3409) Recommendation: Authorize City Manager to enter into a Memorandum of Understanding with the MUSD for expansion of After the Bell for the Extended Learning Opportunities Program.

C8. Approve the Accounts Receivable Write-offs for the Fiscal Year Ending June 30, 2022 (Lauren Lai, Finance Director, 408-586-3111)
Recommendation: Approve the Accounts Receivable write-offs in the amount of $71,246 for the fiscal year ending June 30, 2022.

C9. Approve and Authorize the City Manager to Execute the Agreement for a One-Year Renewal with Brown & Brown for Excess Workers’ Compensation Insurance Coverage for a total agreement amount of $302,134 (Staff Contact: Jeannine Seher, Human Resources Director, 408-586-3086) Recommendation: Approve and Authorize the City Manager to Execute the Agreement for a One-Year Renewal with Brown & Brown for Excess Workers’ Compensation Insurance Coverage in the amount of $302,134
C10. Approve and Authorize the City Manager to Enter into a Side Letter to Amend the Memorandum of Understanding between the City and LIUNA/UPEC Local 792, representing the Milpitas Employees Association (MEA) Unit, Mid-Management-Confidential Unit (Mid-Con), and the Professional and Technical Unit (ProTech) and to Approve and Authorize the City Manager to Enter into three Master Professional Services Agreements for On-Call Temporary Staffing Services (Staff Contact: Jeannine Seher, Human Resources Director, 408-586-3086) Recommendation: Approve and authorize the City Manager to enter into a Side Letter to amend the Memorandum of Understanding between the City and LIUNA/UPEC Local 792, representing the 3 June 21, 2022 Milpitas City Council Agenda Page 4

Milpitas Employees Association (MEA) Unit, Mid-Management-Confidential Unit (Mid-Con), and the Professional and Technical Unit (ProTech) and to approve and authorize the City Manager to enter into three Master Professional Services Agreements for On-Call Temporary Staffing Services, with a Not to Exceed annual amount of $500,000 for each agreement.

C11. 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)
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.

C12. Amended and Restated Weed Abatement Agreement Between City of Milpitas and the County of Santa Clara Consumer and Environmental Protection Agency - Weed Abatement Program (Staff Contact: Arthur Belton / Albert Zamora, Deputy Fire Chief / Fire Marshal, 408-586-3378 / 3371) Recommendation: Approve and authorize the City Manager to execute and sign the Amended and Restated Weed Abatement Agreement Between City of Milpitas and the County of Santa Clara Consumer and Environmental Protection Agency - Weed Abatement Program.

C13. Approve Delegation of Authority to the City Manager or Designee to Approve and Execute Project Related Documents and Urgent Administrative Items During the City Council Summer Recess, from the Last City Council Meeting Held in June through August 9, 2022 (Staff Contact:

Ashwini Kantak, Assistant City Manager, 408-586-3053)
Recommendation: Approve delegation of authority to the City Manager, or his designee, to approve and execute project related documents, including contract documents, and urgent administrative items during the City Council summer recess from the last City Council meeting held in June through August 9, 2022.

C14. Receive the Monthly Report for Unhoused Services (Staff Contact: Sharon Goei, Building Safety and Housing Director, 408-586-3260)
Recommendation: Receive the March 2022 report for unhoused services.

C15. Adopt a Resolution Accepting and Authorizing the City Manager to Execute the 5- Year Agreement Between Hiderliter De Llamas and Associates (HdL) and the City of Milpitas, and Approving and Authorizing a Sole Source Purchase for the Procurement of HdL Prime Business License Software with Web Module Services for a 5-Year Total Cost of Approximately $123,700. (Staff Contact: Lauren Lai, Finance Director, 408-586-3111) Recommendation: Adopt a resolution accepting and authorizing the City Manager to execute the 5- Year Agreement Between Hiderliter De Llamas and Associates (HdL) and the City of Milpitas, and Approving and Authorizing a Sole Source Purchase for the Procurement of HdL Prime Business License Software with Web Module Services for a 5-Year Total Cost of Approximately $123,700.

C16. Waive the Second Reading and Adopt Ordinance No. 38.845 Amending Sections of Chapter 10 of Title XI and Sections of Chapter 100 of Title V of the Milpitas Municipal Code Relating to Mobile Food Vending (Food Trucks) (Staff Contact: Ned Thomas, Planning Director, 408-586- 3273)
4 June 21, 2022 Milpitas City Council Agenda Page 5

Recommendation: Move to waive the second reading and adopt Ordinance No. 38.845 amending sections of Chapter 10 of Title XI and Section of Chapter 100 of Title V of the Milpitas Municipal Code relating to mobile food vending (Food Trucks).

C17. Second Reading of Ordinance No. 312 of the City Council of the City of Milpitas Adding Section

3.5 (“Regulation of Lobbying Activities”) to Chapter 310 (“Open Government Ordinance”), of Title I (“Administration”) of the Milpitas Municipal Code (The “Code”) and Modifying Section I- 310-3.160 of the Code (Staff Contact: Michael Mutalipassi, City Attorney, 408-586-3040) Recommendation: Move to waive the second reading and adopt Ordinance No. 312 adding Section 3.5 (“Regulation of Lobbying Activities”) to Chapter 310 (“Open Government Ordinance”), of Title I (“Administration”) of the Milpitas Municipal Code (the “Code”) and Modifying Section I-310-3.160 of the Code).

C18. Adopt a Resolution to Supersede Resolution 9145 to Add the Commemoration of India Independence Day as a Flag-raising Event at Cesar Chavez Plaza (Staff Contact: Renee Lorentzen, Director of Recreation and Community Services, 408-586-3409) Recommendation: Adopt a Resolution to Supersede Resolution 9145 to Add the Commemoration of India Independence Day as a Flag-raising Event at Cesar Chavez Plaza C19. Accept Water and Wastewater Arrearage Grants from the Water State Board, Authorize a Subsidy for Residential Accounts with an Outstanding Balance of 85 days and Over and Approve a Budget Appropriation of $248,048 for Grants and $80,000 for Residential Utility Account Subsidy (Staff Contact: Lauren Lai, Finance Director, 408-586-3111) Recommendation: (1) Accept Water and Wastewater Arrearage Grants from the Water State Board; (2) Authorize a subsidy for residential accounts with an outstanding balance of 85 days and over; and (3) Approve a budget appropriation of $248,048 for grants and $80,000 for residential utility account subsidy
C20. Consider Recommendations from Mayor Tran for Appointments to City Commissions (Contact:

Mayor Tran, 408- 586-3029)

Recommendation: Receive Mayor Tran’s recommendation and approve the appointment to Economic Development and Trade Commission.

C21. Approve the City Council Policy for Naming Streets, Parks and Facilities (Staff Contact: Renee Lorentzen, Director of Recreation and Community Services, 408-586-3409) Recommendation: Approve the City Council Policy for Naming Streets, Parks and Facilities.

C22. Reconfirm Findings and Determinations Under Resolution No. 9165 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)
Recommendation: Move to reconfirm findings and determinations under Resolution No. 9165 and Assembly Bill 361 for the continuation of virtual meetings of the City Council and Legislative Bodies.

C23. Authorize the City Manager to Reject All Proposals for RFP No. 22-058 for Abandoned Shopping Cart Retrieval Services (Staff Contact: Sharon Goei, Building Safety and Housing Director, 408- 586-3260; and Chris Schroeder, Purchasing Agent, 408-586-3161) 5 June 21, 2022 Milpitas City Council Agenda Page 6

Recommendation: Authorize the City Manager to Reject All Proposals for RFP No. 22-058 for Abandoned Shopping Cart Retrieval Services.

C24. Approve and Authorize the City Manager to Execute Amendment No. 4 to the Shopping Cart Retrieval Services Contract with Alice Wright (Staff Contact: Sharon Goei, Building Safety and Housing Director, 408-586-3260; and Chris Schroeder, Purchasing Agent, 408-586-3161) Recommendation: Approve and authorize the City Manager to execute Amendment No. 4 to the Shopping Cart Retrieval Services Contract with Alice Wright, adding a one-year extension to the five- year contract, for a total of six years and increasing the total not-to-exceed amount by $34,920.00 from $111,384.62 to $146,304.62.

C25. Adopt a Resolution to Amend Resolution No. 1626 the City of Milpitas’ Classification Plan to Approve and Adopt the Classification Specifications and Pay Schedules for the Legal Assistant, Assistant City Attorney, Deputy City Attorney and Deputy Director of Information Technology (Staff Contact: Jeannine Seher, Human Resources Director, 408-586-3086) Recommendation: Adopt a resolution to Amend Resolution No. 1626 the City of Milpitas’ Classification Plan to approve and adopt the Classification Specifications and Pay Schedules for the Legal Assistant, Assistant City Attorney, Deputy City Attorney and Deputy Director of Information Technology.

C26. Adopt a Resolution Approving Rental Rates for Public Spaces in City Hall (Staff Contact: Renee Lorentzen, Director of Recreation and Community Services, 408-586-3409) Recommendation: Adopt a resolution approving rental rates to be added to the Master Fee Schedule for the City Hall Rotunda and the City Hall City Council Chambers.

C27. Approve and Authorize the City Manager to Execute Amendment No. 2 with Avolve Software for the Maintenance Contract Extension for ProjectDox (Staff Contact: Daniel Nam, IT Director, 408- 586-2712; and Chris Schroeder, Purchasing Agent, 408-586-3161) Recommendation: Approve and authorize the City Manager to Execute Amendment No. 2 with Avolve Software to extend the maintenance agreement for one (1) additional year and increase the existing contract amount of $369,731.07 by $29,906.55 for a total contract amount of $399,237.62 C28. Approve the Donation and Fee Waiver/Reduction City Council Policy (Staff Contact: Renee Lorentzen, Director of Recreation and Community Services, 408-586-3409) Recommendation: Approve the Donation and Fee Waiver/Reduction City Council Policy.

PUBLIC HEARINGS (7:30 PM)
Members of the public may be allotted up to three (3) minutes or less at the Mayor’s discretion, to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of ten (10) minutes for opening statements and up to a total of five (5) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.

29. Conduct a Public Hearing and Adopt a Resolution Confirming the Assessment and Ordering the Levy for the Landscaping and Lighting Maintenance Assessment District No. 98-1, Sinclair Horizon for Fiscal Year 2022-23 (Staff Contact: Steve Erickson, Engineering Director/City Engineer, 408-586-3301)
Recommendation: Open the public hearing, receive any comments, and move to close the hearing following any testimony, and adopt a resolution confirming the assessment and ordering the levy for Landscaping and Lighting Maintenance Assessment District No. 98-1, Sinclair Horizon for Fiscal Year 2022-23.
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30. Conduct a Public Hearing and Adopt a Resolution Confirming the Assessment and Ordering the Levy for the Landscaping and Lighting Maintenance Assessment District No. 95-1, McCarthy Ranch for Fiscal Year 2022-23 (Staff Contact Steve Erickson, Engineering Director, 408-586- 3301)
Recommendation: Open the public hearing, receive any comments, and move to close the hearing following any testimony, and Adopt a Resolution confirming the assessment and ordering the levy for Landscaping and Lighting Maintenance Assessment District No. 95-1, McCarthy Ranch for Fiscal Year 2022-23.

COMMUNITY DEVELOPMENT (8:00 PM)

31. Receive a Follow-up Presentation from Staff and provide Direction on Policy Options and Cost Estimates to Establish a Local Tobacco Retail Permitting (TRP) Program and to Regulate Tobacco Retail Locations and the Sale of Flavored Tobacco and Electronic Cigarette Products in Milpitas (Staff Contacts: Ned Thomas, Planning Director, 408-586-3273; Jay Lee, Principal Planner, 408-586-3077)
Recommendation: (1) Receive a presentation from staff; and (2) Provide feedback and direction on policy options and cost estimates to establish a local tobacco retail permitting program and to regulate Tobacco Retail Locations and the Sale of flavored tobacco and electronic cigarette products in Milpitas.

COMMUNITY SERVICES AND SUSTAINABLE INFRASTRUCTURE (9:00 PM)

32. Authorize City Manager to Execute the Fourth Amendment to the Franchise Agreement with MSI for the purpose of Assignment of Contract and Modify Certain Service Provisions (Staff Contact: Tony Ndah, Public Works Director, 408-586-2602)

Recommendation: Authorize City Manager to Execute the Fourth Amendment to the Franchise Agreement with MSI for the purpose of Assignment of Contract and modify certain service provisions.

LEADERSHIP AND SUPPORT SERVICES (10:00 PM)

33. Rescind Resolution No. 9171 and Approve 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)
Recommendation: (1) Motion to rescind Resolution No. 9171. (2) Determine whether the Council wishes to print the text of the ballot measure at a cost of $8,482 per page. (3) Motion to approve 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.

ADJOURNMENT (10:30 PM)

KNOW YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE
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Government’s duty is to serve the public, reaching its decisions in full view of the public. Commissions and other City agencies exist to conduct the people’s business. This ordinance assures that delib erations are conducted before the people and City operations are open to the people’s review. For more information on your rights under the Open Government Ordinance or to report a violation, contact the City Attorney’s office at Milpitas City Hall, 455 E. Calaveras Blvd., Milpitas, CA 95035 e-mail:[email protected] / Phone: 408-586-3040

The Open Government Ordinance is codified in the Milpitas Municipal Code as Title I Chapter 310 and is available online at the City’s website www.ci.milpitas.ca.gov by selecting the Milpitas Municipal Code link.

Materials related to an item on this agenda submitted to the City Council after initial distribution of the agenda packet are available for public inspection at the City Clerk’s office at Milpitas City Hall, 3rd floor 455 E. Calaveras Blvd., Milpitas and on City website. City Council agendas and related materials can be viewed online: www.ci.milpitas.ca.gov/government/council/agenda_minutes.asp (select meeting date)

APPLY TO SERVE ON A CITY COMMISSION
Commission application forms are available online at www.ci.milpitas.ca.gov or at Milpitas City Hall.

Contact the City Clerk’s Office at 408-586-3001 for more information.

If you need assistance, per the Americans with Disabilities Act, for any City of Milpitas public meeting, please call the City Clerk at 408-586-3001 or send an e-mail to [email protected] prior to the meeting. You may request a larger font agenda.
8 Updated 6/15/22
Milpitas City Council Calendar
June 2022
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2:00 PM-Santa Clara VTA
Monthly Briefing - Northeast
Group (CM)
5:30 PM-Veterans Commission
(RT)
7:00 PM-Community Advisory
Commission (EC)
2 5:30 PM-Milpitas Chamber of
Commerce Board (EC)
5:30 PM-Santa Clara VTA Board
of Directors (CM)
3 4
United States Conference of Mayors, Reno Nevada
(RT/CM)
5 United States
Conference
of Mayors,
Reno Nevada
(RT/CM)
6 5:00 PM-Parks, Recreation &
Cultural Resources Commission
(Park Tour: Augustine Park) (CM)
7 5:30 PM-Closed Session (Special
City Council to follow)
7:00 PM-City Council
8 12:00 PM-Mayors and Council
Members Roundtable (Virtual)
7:00 PM-Silicon Valley Clean
Energy Board of Directors (EC)
7:00 PM-Planning Commission
9 4:00 PM-Treatment Plant
Advisory Committee (CM)
4:00 PM-Santa Clara VTA Policy
Advisory Committee (AP)
6:00 PM-Cities Association
General Membership Meeting
7:00 PM-Youth Advisory
Commission (EC)
10 *4:30 PM-City Council Finance
Subcommittee (RT/CM)
8:30 PM-Movie Night Out –
Ghostbusters Afterlife [Starlite
Park]
11 12 13
4:30 PM-Economic Development
and Trade Commission (KD)
14 4:00 PM-Milpitas HOPE Suicide
Prevention Task Force
5:30 PM-Special City Council
15 6:00 PM-Energy and
Environmental Sustainability
Commission (EC)
16 5:30 PM-Measure F Oversight
Committee
6:30 PM-Bay Area Water Supply
& Conservation Agency (CM)
17 9:00 AM-VTA Board of Directors
Meeting (CM)
6:30 PM-Summer Concert
Series – Good Time Collective
[Murphy Park]
18 3:00 PM-
Milpitas
Family
Campout
(Higuera
Adobe)
19 20
7:00 PM-Science, Technology,
and Innovation Commission (RT)
21 7:00 PM-City Council
22 5:30 PM-Cities Assoc. of SCC -
Recycling and Waste Reduction
Commission (AP)
7:00 PM-Planning Commission
23 12:00 PM-SCC Library JPA
Board of Directors (EC)
5:30 PM-Commissioners’
recognition and State of the City
Address (Veterans Plaza)
24 8:30 PM-Movie Night Out –
Luca (Sunnyhills Augustine Park)
25 26 27
7:00 PM-Special Arts
Commission (RT)
28 1:30 PM-Senior Advisory
Commission (EC)
29 6:00 PM-Community Workshop:

Gateway-Main St. Specific Plan
30 *Finance Subcommittee will only meet as needed
May 2022

S M T W T F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31
July 2022

S M T W T F S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31 9
Item # C1.

Updated 6/15/22
Milpitas City Council Calendar
July 2022
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2
3 4

INDEPENDENCE DAY
City Hall Closed
5 6
2:00 PM-Santa Clara VTA
Monthly Briefing - Northeast
Group (CM)
7 5:30 PM-Santa Clara VTA Board
of Directors (CM)
5:30 PM-Milpitas Chamber of
Commerce Board (EC)
8 9
10 11 12 13
7:00 PM-Silicon Valley Clean
Energy Board of Directors (EC)
14 4:00 PM-Santa Clara VTA Policy
Advisory Committee (AP)
4:00 PM-Treatment Plant
Advisory Committee (CM)
7:00 PM-Cities Assoc of SCC
(CM)
15 *4:30 PM-City Council Finance
Subcommittee (RT/CM)
16 17 18 19 20 21
6:30 PM-Bay Area Water Supply
Conserv Agency (CM)
22 23
24 25 26 27 28
4:00 PM-Silicon Valley Regional
Interoperability Authority
(SVRIA) (KD)
29 30
31 *Finance Subcommittee will meet only as needed
June 2022

S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30
August 2022

S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
10 Item # C1.

JOINT MEETING OF THE MILPITAS

CITY COUNCIL AND MILPITAS

HOUSING AUTHORITY

June 07, 2022 Milpitas City Council Agenda Page 1

AG E N D A
TUESDAY, JUNE 7, 2022
CITY COUNCIL CHAMBERS, 455 E CALAVERAS BLVD, MILPITAS, CA 7:00 PM (PUBLIC BUSINESS)

The City Council of the City of Milpitas convened on the regular City Council meeting day of June 7, 2022, in the City Council Chamber at City Hall, 455 E. Calaveras Blvd., Milpitas, and via teleconference/Zoom webinar.

CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk Mayor Tran called the regular City Council meeting to order at 7:10 PM. Roll call was taken by City Clerk Wood.

PRESENT: Mayor Tran, Vice Mayor Montano, Councilmembers Chua, and Phan ABSENT: None

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Tran.

INVOCATION
The Invocation was led by Vice Mayor Montano.

PRESENTATIONS
Mayor Tran proclaimed July as Parks and Recreation Month in the City of Milpitas.

PUBLIC FORUM
Those in the audience and via Zoom are invited to address City Council on any subject not on tonight’s agenda. In-person speakers wishing to address the Council are requested, but not required to complete a Speaker Card and submit it to the Mayor. In-person speakers will then be asked to come up to the podium and state their name for the record. Those interested in speaking via Zoom may do so by following the instructions on page one (1) of the agenda. Comments may be limited to three (3) minutes or less at the Mayor’s discretion. As an item not listed on the agenda, no response is required from City staff or the Council and no action can be taken. The City Council may instruct the City Manager to place the item on a future meeting agenda.

The following people spoke under Public Forum:

1. Voltaire Montemayor

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
Members of the City Council or City Manager may make brief announcements at this time. Members of the City Council may also suggest future agenda items at this time. For future agenda items, the City Council shall not debate the topic or engage in discussion but shall simply state a “yes” or “no” as to whether to direct the City Manager to place the item on a future meeting agenda. If a majority of the City Council agrees to place an item on a future meeting agenda, the City Manager shall place the item on a future agenda for City Council discussion. 11 Item # C2.

June 07, 2022 Milpitas City Council Agenda Page 2

Mayor Tran thanked staff for their work on the Memorial Day event and stated that he attended the United States Conference of Mayors in Reno over the weekend. He made the following requests:

1. Propose a Vision Zero Action Plan to address vehicle and pedestrian conflicts.

2. Agendize a letter to the VTA opposing the Berman Bill for the next regular meeting.

3. Agendize a fee waiver for the Eagle Scout ceremony.

4. Agendize consultant funding for a Sunny Hills Historical Designation after the July recess.

Councilmember Chua attended the Chariot Festival event, spoke about the upcoming June 11 Senior Center Summer BBQ event, shared two short videos for the events, and made the following request:

1. Receive quarterly or monthly statistics on the Home Key project.

Mayor Tran followed up on Councilmember Chua’s request and asked that the Home Key project information come back as a presentation at the second meeting in August. He would like the Police Department to present the crime statistics from when Home Key opened through the second meeting in August.

Councilmember Dominguez made the following requests:

1. Staff to provide and explain the management manual for Project Home Key, have staff check to see if the MOU is being followed, including the formation of a community oversight committee, and explore having a conversation with the County to have check-ins of the tenant units. By a show of hands, there was a majority in favor of this item.

2. Agendize and direct staff to work on a new way for the City of Milpitas to allocate the money designated for Council health insurance. Explore allocating the funds for Councilmember health insurance into a general office fund for each Councilmember and allow that Councilmember to use the money to fund City programs, resources, or support non-profit organizations that serve Milpitas residents, beginning December 2022. By a show of hands, there was not a majority in favor of this item.

Vice Mayor Montano announced that she attended Rancho Middle School and Cal Hills High School graduations, attended the United States Conference of Mayors in Reno, and commented on a youth skateboarder that passed away recently. She made the following requests:

1. Have a memorial plaque or bench in honor of the youth skateboarder. By a show of hands, there was a majority in favor of this item.

2. Establish a SPAR (Strategic Property Acquisition Reserve) fund modeled after the City of Mountain View to set aside money to purchase real estate. By a show of hands, there was a majority in favor of this item.

ANNOUNCEMENT OF CONFLICT OF INTEREST
City Attorney Mutalipassi asked the Mayor and City Councilmembers if they had any personal conflicts of interest. By roll call, there were no conflicts of interest. City Attorney Mutalipassi asked the Mayor and City Councilmembers if they had any reportable campaign contributions. By roll call, there were no reportable campaign contributions.

READING OF THE CITY COUNCIL CODE OF CONDUCT
Mayor Tran read aloud the City Council Code of Conduct.

APPROVAL OF AGENDA
Motion: to approve the June 7, 2022, regular meeting agenda.

Motion/Second: Mayor Tran / Vice Mayor Montano
12 Item # C2.

June 07, 2022 Milpitas City Council Agenda Page 3

Motion carried by the following:

AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None

CONSENT CALENDAR
Consent calendar items are considered to be routine and will be considered for adoption by one motion. There will be no separate discussion of these items unless a City Councilmember, member of the audience or staff requests the Council to remove an item from (or be added to) the consent calendar. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar.

Mayor Tran asked to pull item C13 and asked that it be heard after the public hearing.

Vice Mayor Montano asked to pull item C14.

Motion: to approve the Consent Calendar removing items C13 and C14 and including the revised agreement for item C8.

Motion/Second: Mayor Tran / Vice Mayor Montano
Motion carried by the following:

AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
C1. Receive the City Council Calendar of Meetings for June 2022 (Staff Contact: Wendy Wood, City Clerk, 408-586-3001)
Received the City Council Calendar of Meetings for June 2022.

C2. Approve the Regular Meeting Minutes of May 17, 2022 (Staff Contact: Wendy Wood, City Clerk, 408-586-3001)
Approved the Regular Meeting Minutes of May 17, 2022.

C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Wendy Wood, City Clerk, 408-586-3001)
Received the list of anticipated agenda items for the next regular City Council meeting.

C4. Receive and Review the List of Agenda Items Requested by City Councilmembers (Contact:

Mayor and City Councilmembers, 408-586-3000)
Reviewed the list of items that have been requested by City Councilmembers.

C5. Adopt a Resolution Calling for the General Municipal Election on November 8, 2022, and Requesting Consolidation of the Election in Accordance with California Elections Code Section 10418, and requesting services from the Santa Clara County Registrar of Voters (Staff Contact:

Wendy Wood, City Clerk, 408-586-3001)
Adopted Resolution No. 9161 calling a General Municipal Election for the City of Milpitas on Tuesday, November 8, 2022, requesting consolidation of the election in accordance with California Elections Code Section 10418, and requesting services from the Santa Clara County Registrar of Voters. 13 Item # C2.

June 07, 2022 Milpitas City Council Agenda Page 4

C6. Adopt a Resolution to Approve Project Plans & Specifications and Award the Construction Contract to Marina Landscape, Inc., for McCandless Park Sports Field, Project No. 5102 (Staff Contact: Steve Erickson, Engineering Director/City Engineer, 408-586-3301) Adopted Resolution No. 9162 to approve project plans & specifications; award the construction contract to the lowest responsible bidder submitting a responsive bid, Marina Landscape, Inc., in the amount of $594,000; authorize the City Manager to execute the construction contract with Marina Landscape, Inc; and authorize the Engineering Director/City Engineer to negotiate and execute contract change order(s) in an aggregate amount not to exceed $148,500 for McCandless Park Sports Field, Project No. 5102.

C7. 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) Adopted Resolution No. 9163 to summarily vacate an existing water line easement at 1750 McCandless Drive
C8. 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) Adopted Resolution No. 9164 approving the sole source purchase of body-worn cameras, associated equipment, conducted energy devices, and cloud-based storage subscription; and approved 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.

C9. 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) Approved and authorized 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.

C10. 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) Adopted Resolution No. 9165 making findings and determinations under Resolution No. 9156 and Assembly Bill 361 for the continuation of virtual meetings and legislative bodies.

C11. Designate the California Live Oak as the Official City Tree (Staff Contact: Renee Lorentzen, Director of Community and Recreation Services, 408-586-3409) Approved the designation of the California Live Oak as the City Tree.

C12. 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 14 Item # C2.

June 07, 2022 Milpitas City Council Agenda Page 5

and Determine that the Condition Continues to Constitute an Emergency (Staff Contact: Tony Ndah, Public Works Director, 408-586-2602)
Received 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) Determined by a unanimous vote that the condition continues to constitute an emergency.

C13. 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) Item removed from Consent
C14. 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, Building Safety and Housing Director, 408-586-3260; Jason Earl Administrative Analyst II, 408-586-3294; and Chris Schroeder, Purchasing Agent, 408-586-3161)
Item removed from consent.

C15. 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)
Approved and authorized 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.

PUBLIC HEARINGS
Members of the public may be allotted up to three (3) minutes or less at the Mayor’s discretion, to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of ten (10) minutes for opening statements and up to a total of five (5) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.

16. 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) Finance Director Lai presented the staff report.

Mayor Tran opened the public hearing.

The following people spoke:

1. Voltaire Montemayor
Mayor Tran closed the public hearing.

Mayor Tran requested the recommended limited term Public Works positions be made permanent.

Vice Mayor Montano commented on the contribution to youth sports and would like to include public speaking scholarships and a pilot program to expand the scholarship outside of City-run programs. 15 Item # C2.

June 07, 2022 Milpitas City Council Agenda Page 6

Council asked clarifying questions.

Human Resources Director Seher, Recreation and Community Services Director Lorentzen, and Public Works Director Ndah provided additional information.

Councilmember Phan left the Council Chamber and rejoined the meeting virtually.

After discussion, motion: to adopt a 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; adopt a resolution amending Resolution No. 1626, the Classification Plan, to authorize additional positions and amend budgeted allocated positions; adopt a 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; adopt a 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.

Motion/Second: Councilmember Dominguez / Councilmember Phan After further discussion, substitute motion: to adopt Resolution No. 9167 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; Adopt Resolution No. 9168 amending Resolution No. 1626, the Classification Plan, to authorize additional positions and amend budgeted allocated positions; Adopt Resolution No. 9169 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) Adopt Resolution No. 9170 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 with an ament to Resolution No. 9168 section 2 (a) striking “(limited term),” directing staff to include public speaking scholarships and a pilot program for scholarships outside of City-run programs to the Grant Contributions for Youth Sports, and look at the increase of the Councilmember travel and training budget at the midyear budget.

Motion/Second: Mayor Tran / Vice Mayor Montano
Substitute motion carried by the following roll call vote:

AYES: Councilmembers Chua, Vice Mayor Montano, Mayor Tran ABSTAIN: Councilmember Dominguez
NOES: Councilmember Phan

17. Conduct a Public Hearing and Introduce an Ordinance Amending Sections of Chapter 10, Title XI, and Sections of Chapter 100, Title V, of the Milpitas Municipal Code, Relating to Mobile Food Vending (Food Trucks) (Staff Contact: Ned Thomas, Planning Director, 408-586-3273) Planning Director Thomas presented the staff report.

Mayor Tran opened the Public Hearing.
16 Item # C2.

June 07, 2022 Milpitas City Council Agenda Page 7

The following spoke:

1. Voltaire Montemayor
Mayor Tran closed the Public Hearing.

City Attorney Mutalipassi read the title of the Ordinance No. 38.845 “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 CEGA Exemption.”
Motion: to waive the first reading beyond the title and introduce Ordinance No. 38.845 amending sections of Chapter 10 of Title XI, and sections of Chapter 100 of Title V, of the Milpitas Municipal Code relating to Mobile Food Vending 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).

Motion/Second: Vice Mayor Montano / Mayor Tran
Motion carried by the following roll call vote:

AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None

ITEM REMOVED FROM CONSENT
C13. 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) City Attorney Mutalipassi informed the Council of the options for this item.

Building Safety and Housing Director Goei provided additional information.

The following spoke:

1. Joseph DeMichele Director of CityWide Cart Savers, LLC

2. Milpitas resident
Director of CityWide Cart Savers, LLC, Joseph DeMichele stated they are withdrawing their solicitation for the RFP.

Motion: to postpone the item to the next meeting.

Motion/Second: Mayor Tran / Councilmember Dominguez
Motion carried by the following roll call vote:

AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None

LEADERSHIP AND SUPPORT SERVICES
17 Item # C2.

June 07, 2022 Milpitas City Council Agenda Page 8

18. 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)

City Attorney Mutalipassi presented the staff report.

Council discusses changing the proposed ballot measure language and asked if the question to the votes be revised to add “four-year”
Staff provided revised language.

City Attorney Mutalipassi recommended keeping the original language.

After discussion, motion: to adopt Resolution No. 9171 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.

Motion/Second: Vice Mayor Montano/ Councilmember Chua
Motion carried by the following roll call vote:

AYES: Councilmembers Chua, Phan, Vice Mayor Montano, Mayor Tran NOES: None
ABSENT: Councilmember Dominguez

19. Introduce an Ordinance of the City Council of the City of Milpitas Adding Section 3.5 (“Regulation Of Lobbying Activities”) to Chapter 310 (“Open Government Ordinance”), of Title I (“Administration”) of the Milpitas Municipal Code (The “Code”) and Modifying Section I-310-

3.160 of the Code. (Staff Contact: Michael Mutalipassi, City Attorney, 408-586-3040) City Attorney Mutalipassi presented the staff report.

City Attorney Mutalipassi read aloud the title of Ordinance 312 “An Ordinance of the City Council of the City of Milpitas Adding Section 3.5 (“Regulation Of Lobbying Activities”) to Chapter 310 (“Open Government Ordinance”), of Title 1 (“Administration”) of the Milpitas Municipal Code (The “Code”) And Modifying Section I-310-3.160 of the Code.”
Mayor Tran requested removing contingent compensation on page 16 section l of section I-310-3.5.130 (e).

The following spoke:

1. Voltaire Montemayor

2. Armando Gomez
18 Item # C2.

June 07, 2022 Milpitas City Council Agenda Page 9

After discussion, motion: to waive the reading beyond the title and introduce Ordinance No. 312 adding Section 3.5 (“Regulation of Lobbying Activities”) to Chapter 310 (“Open Government Ordinance”), of Title I (“Administration”) of the Milpitas Municipal Code (the “Code”) and Modifying Section I-310-3.160 of the Code with an amendment to remove l of section I-310-3.5.130 (e).

Motion/Second: Councilmember Dominguez / Councilmember Chua Motion carried by the following roll call vote:

AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
Councilmember Dominguez left the meeting at 10:17 PM

20. Discuss the Formation of a City Council Ad Hoc Odor Reduction Subcommittee, Appoint the Subcommittee Members, and Provide Direction to Staff on Next Steps (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3053 and Walter C. Rossmann, Deputy City Manager, 408-586-3012)
Deputy City Manager Rossmann presented the staff report.

The following spoke:

1. Voltaire Montemayor
Provided direction to meet once a month, with the stakeholder Newby Island operators, Zanker, the wastewater representatives, and the Bay Area Air Quality Management District and discusses the formation of a City Council Ad Hoc Odor Reduction Subcommittee, nominating Mayor Tran and Vice Mayor Montano to serve on the Subcommittee.

Motion: to appoint Mayor Tran and Vice Mayor Montano to serve as the Subcommittee members.

Motion/Second: Mayor Tran / Councilmember Chua
Motion carried by the following roll call vote:

AYES: Councilmembers Chua, Phan, Vice Mayor Montano, Mayor Tran NOES: None
ABSENT: Councilmember Dominguez

ITEM REMOVED FROM CONSENT
C14. 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, Building Safety and Housing Director, 408-586-3260; Jason Earl Administrative Analyst II, 408-586-3294; and Chris Schroeder, Purchasing Agent, 408-586-3161)
Vice Mayor Montano asked a clarifying question.

Building Safety and Housing Director Goei provided additional information.

The following spoke:
19 Item # C2.

June 07, 2022 Milpitas City Council Agenda Page 10

1. Voltaire Montemayor
Motion: to 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.

Motion/Second: Vice Mayor Montano / Councilmember Chua Motion carried by the following roll call vote:

AYES: Councilmembers Chua, Phan, Vice Mayor Montano, Mayor Tran NOES: None
ABSENT: Councilmember Dominguez

ADJOURNMENT
Mayor Tran took a moment of silence in memory of the victims of the recent mass shootings and adjourned the meeting at 10:41 PM.

Draft meeting minutes submitted by City Clerk, Wendy Wood

20 Item # C2.

SPECIAL MEETING OF THE

MILPITAS CITY COUNCIL

June 07, 2022 Milpitas City Council Agenda Page 1

AG E N D A
TUESDAY, JUNE 7, 2022
CITY COUNCIL CHAMBERS, 455 E CALAVERAS BLVD, MILPITAS, CA 5:30 PM (CLOSED SESSION)

OPEN SESSION IMMEDIATELY FOLLOWING CLOSED SESSION

The City Council of the City of Milpitas convened for a Special City Council meeting on June 7, 2022, at 5:30 PM in the City Council Chamber at City Hall, 455 E. Calaveras Blvd., Milpitas, and via teleconference/Zoom webinar.

CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk Mayor Tran called the Special City Council meeting to order at 5:30 PM. Roll Call was taken by City Clerk Wood.

PRESENT: Mayor Tran, Vice Mayor Montano, Councilmembers Chua, Dominguez, and Phan ABSENT: None

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Tran.

ADJOURN TO CLOSED SESSION
(a) CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency designated representative: Jeannine Seher, Human Resources Director Bargaining Units: LIUNA, UPEC (Mid-Con, Pro-Tech, MEA)

CLOSED SESSION ANNOUNCEMENT:

Report on action taken in Closed Session, if required per Government Code Section 54957.1, including the vote or abstention of each member present.

City Attorney Mutalipassi reported out that Council unanimously gave direction to Staff.

PUBLIC FORUM
Those interested are invited to address the City Council on the agenda item listed below only, by using the “raise hand” in the zoom webinar online (see instructions on page 1). Speakers may state their name and city of residence for the record, and limit spoken remarks to three minutes, or less, at the discretion of the Mayor.

There were no speakers.

READING OF THE CITY COUNCIL CODE OF CONDUCT
21 Item # C2.

June 07, 2022 Milpitas City Council Agenda Page 2

Mayor Tran read the Code of Conduct.

APPROVAL OF AGENDA
Motion: to approve the June 7, 2022, Special Meeting agenda.

Motion/Second: Mayor Tran / Councilmember Chua
Motion carried by the following:

AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None

AGENDA ITEMS

1. 2023-2031 Housing Element Update (Staff Contact: Sharon Goei, Building Safety and Housing Director, 408-586-3260, and Hanson Hom, Senior Special Projects Associate) Building Safety and Housing Director Goei introduced the item and consultants Eric Yurkovich and Veronica Tam from Rami and Associates presented the Housing Element Update.

Council receive a presentation on the 2023-2031 Housing Element and provided the following feedback:

Mayor Tran commented on having a higher level of affordability and opportunity for redevelopment by the BART station and light rail.

Councilmember Phan requested using the funding and resources with a Pro Housing Designation as designated by the Department of Housing and Community Development and commented on key elements to obtain the designation. He reviewed some of the scoring criteria by which to qualify and commented on the following items to receive the Pro Housing Designation: permitting missing middle housing uses, eliminating or reducing parking requirements, accelerating production timeframes, documented process of streamlining housing development, priority permitting process for ADUs (Accessory Dwelling Units), multifamily and affordable housing, reducing the construction and development cost, allowing impact fee waivers, promoting innovative housing types that reduce costs, reducing transportations infrastructure costs, pre-approve or prototype plans for missing middle housing types, providing financial subsidies, local housing trust funds through the Housing Authority, ADU grant and low interest loan programs, land donation through a surplus land program, and enhanced infrastructure financing districts. He also cited partnering with the job feeders in the region to create public private partnerships to try get funding for housing.

Councilmember Dominguez commented on concerns with the inventory of vacant homes and would like staff to research other cities in regard to vacant homes and explore the possibility of charging a fee that could go into the affordable housing fund. She would like to explore a pilot program to link students and seniors to existing extra rooms or ADUs. She would also like to maximize left-over land, being intentional with what plans go in, making sure they have the transit element, and ensure families in Milpitas have a chance to live in those units. She commented on providing opportunities for first time home buyers and exploring school district land to develop educator housing on district properties. 22 Item # C2.

June 07, 2022 Milpitas City Council Agenda Page 3

Councilmember Chua commented on doing a self-evaluation on how the City can expedite the application, inspection, and approval process. She also commented on having a balance between the housing and commercial/industrial.

ADJOURNMENT
Mayor Tran adjourned the special meeting at 7:05 PM.

Draft meeting minutes submitted by City Clerk, Wendy Wood 23 Item # C2.

MILPITAS CITY COUNCIL

AGENDA PREVIEW LIST

August 9, 2022

CLOSED SESSION

INVOCATION (assigned to Councilmember Phan)

PRESENTATION

CONSENT CALENDAR

1. Receive City Council calendar for August 2022 (City Clerk)

2. Approve City Council Regular Meeting minutes of June 21, 2022 (City Clerk)

3. Preview list of items for August 16, 2022 (City Clerk)

4. Councilmember Request List (City Clerk)

5. Reconfirm Findings and Determinations Under Resolution No. 9156 and Set Forth in Assembly Bill 361 for the Continuation of Virtual Meetings of the City Council and Legislative Bodies (Michael Mutalipassi)

PUBLIC HEARING

6. Conduct Public Hearing for 2021 Weed Abatement Assessments and Adopt a Resolution to Confirm the Assessment Report (Arthur Belton)

7. First Reading of Maximum Building Heights Zoning Ordinance Amendment (Ned Thomas)

8. First reading of Outdoor Music Ordinance (Ned Thomas)

9. Adopt a Resolution to Adopt the Climate Action Plan Update and the Addendum to the General Plan Environmental Impact Report (Elaine Marshall)

10. Adopt a Resolution to Adopt the Milpitas Water, Sewer, and Storm Master Plans and Addendum to the Environmental Impact Report for the Milpitas General Plan (Tony Ndah)

COMMUNITY DEVELOPMENT

11. Discussion about Housing Opportunity Zones

COMMUNITY SERVICES

PUBLIC SAFETY

LEADERSHIP

12. Update to the Commission Handbook

REPORTS
24 Item # C3.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
NOTE:

Deferred and
completed
items are not
listed
2022 OPEN
Request No. Topic Submitted by:

A, F, CM, or
CCM
Date
requested or
Rec'd Form
STATUS and/or DATE scheduled
on City Council meeting agenda:
1 Waive fees for family fundraiser at Milpitas Skate
Park Dominguez A 6/14/2022
2 Agendize a Flag Raising for India Independence
Day Tran A 6/14/2022
Item added to 6/21/22 Consent
Calendar
3 Establish a SPAR fund modelled after the City of
Mountain View - sets asides moneys for
opportunities to buy real estate Montano A 6/7/2022
Item will be brought forward as part of
the next City Council additional
workplan items prioritization in
August/September
4 Memorial Plaque in honor of youth skateboarder
that passed away Montano A 6/7/2022
Item will be brought forward as part of
the next City Council additional
workplan items prioritization in
August/September
5 Staff provide and explain the Project Homekey
Management Manual, see if the MOU is being
followed including forming an oversight committee,
and explore with County to have check-ins of the
units. Dominguez indicated it could be included in
Council Member Chua's recommendation. Mayor
requested to include County in discussion. Dominguez A 6/7/2022 Item will be agendized for August City
Council meeting and combined with
item 6
6 Quarterly or Monthly crime statistics on Homekey
Project Chua A 6/7/2022
Mayor asked to bring back a
presentation from PD at the second
meeting in August
25 Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
7 Funding to hire a consultant for the Sunnyhills
Historical Designation on a state level Tran A 6/7/2022 Request will be included with the
Historic Resources Master Plan
project approved as part of the 2023-
2027 Capital Improvement Program.
8 Local Boy Scouts Fee Waiver for Eagle Scout
Ceremony Tran A 6/7/2022
Staff will agendize a fee waiver
request for Council consideration for
the first meeting in August.
9 Letter from City Council opposing AB 2181
(Berman) regarding VTA's Board Composition Tran A 6/7/2022 Per the email sent to Council on
6/17/2022, consistent with the
Council approved Legislative
Advocacy Policy, Mayor Tran signed
a letter opposing the legislation
unless amended.
10 Prepare Vision Zero Action Plan Tran A 6/7/2022
Item will be brought forward as part of
the next City Council additional
workplan items prioritization in
August/September
11 Explore increasing the
Conferences/Meetings/Memberships allowance for
each Councilmember to $10,000 Chua A 5/17/2022
On 6/07/22, City Council did not
approve increasing the allowance as
part of the adoption of the FY 2022-
23 Budget; however, Council
provided direction to review funding
need as part of the FY 2022-23 mid-
year budget review.
12 Requested the City create a youth scholarship fund
for under privileged kids to
play sports Montano A 5/17/2022
As part of the adoption of the FY
2022-23 Budget, the City Council
allocated $20,000 for this program.

Staff will bring forward a policy
framework for this program for
13 Science, Technology, and Innovation Commission
agendize and explore a comprehensive internet
connectivity plan. Tran A 5/3/2022
Item will be agendized for discussion
at June STI Commission meeting
14 Consider policies to regulate automated equipment
that would replace a position typically filled by an
employee. Phan A 4/19/2022
Item will be brought forward as part of
the next City Council additional
workplan items prioritization in
August/September
15 Explore the use of roundabouts as a traffic calming
mechanism Dominguez A 4/19/2022
Item will be brought forward as part of
the next City Council additional
workplan items prioritization in
August/September
26 Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
16 Explore the policy for locking mechanisms on
shopping carts for large commercial businesses
and would like it brought back to Council sometime
in August, September, or October Tran A 4/19/2022
Item will be brought forward as part of
the next City Council additional
workplan items prioritization in
August/September
17 Have staff prepare a report on ghost guns in the
City of Milpitas and look at any State bills that the
Council should be aware of to write a letter of
support; tie it into the gun’s buyback program to
add a further incentive for the ghost guns
Dominguez;
Tran A 4/5/2022
Item will be brought forward as part of
the next City Council additional
workplan items prioritization in
August/September. At the gun
buyback event held on May 22, 2022,
ghost guns were bought back for
$200 vs. handguns and rifles for
$100.
18 Explore an ordinance or policy for parking areas in
Milpitas to reduce thefts and increase security in
the commercial retail areas Chua A 4/5/2022
Item will be brought forward as part of
the next City Council additional
workplan items prioritization in
August/September
19 Request for Crossing Guards at McCandless and
Montague Expressway and review wages for
Crossing Guards Montano A 4/5/2022
Per the Information Memorandum
issued on June 13, the City will
perform school aged pedestrian
counts around schools in the City
including the McCandless and
Montague Expressway intersection at
the beginning of the 2022-23 school
year and report the findings to the
Transportation Subcommittee late fall.
20 Consider funding to implement and create a
homelessness encampment response team to be
dispatched to encampment sites to address
concerns, talked about creating a position to
provide mental health assistance, and would like
this to be brought back for discussion at the budget
meeting Dominguez A 3/15/2022
Direction from Council to bring
forward as part of FY 22-23 budget
discussion; at the May 10 Budget
Study Session Council did not direct
to do any further work on this item.
21 Consider expanding the Fee Waiver Policy eligibility to non-profit organizations outside of Milpitas but
the events are specific to Milpitas residents Chua A 3/15/2022 Scheduled for Council consideration
for the June 21 2022 City Council
meeting.
22 Designate the California Oak Tree as the City’s
official heritage tree Montano A 2/1/2022
Council approved at the 6/7/2022
meeting.
27 Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
23 Host a Town Hall at City Hall in January, February,
and March for the community to share comments
about the issue of the unhoused. Tran A 11/2/2021
This item was postponed by Mayor
Tran due to the Omicron variant and
a rise in COVID-19 cases
ACTIVE
Topic Submitted by:

A, F, CM, or
CCM
Date
requested or
Rec'd Form
STATUS and/or DATE scheduled
on City Council meeting agenda:
24 Bring back a conversation in the budget meeting to
fund “walking beats” in the commercial and high
crime areas Dominguez A 4/5/2022
At the 4/5/2022 City Council meeting,
this item was discussed and there
was direction from Councilmember
Dominguez to work with the City
Manager to find funding sources
25 Create a plan for future solar paneling at City
facilities Montano A 3/1/2022
Discussed at Spring Quarterly City
Council Workplan Items Prioritization
Discussion; Approved to move
forward at the 5/03/2022 meeting;
Discussed at the May 10 budget
meeting and approved funding of
$25,000 in the 2022-23 budget
26 Fee waiver for the Filipino American South Bay
Community to hold pop-up resource fair at a City
Park Dominguez A 3/1/2022
Staff has engaged with
representatives of the organization to
identify potential eligibility avenues
such as partnering with a Milpitas
based non-profit organization
consistent with the Policy.
28 Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
27 Agendize an update to the Lobbyist Ordinance for
the next meeting Chua A 3/1/2022
Discussed at 3/15 City Council
Meeting; At the 3/15/2022 Council
Meeting, City Attorney was directed to
bring back a proposed ordinance
amendment for further discussion;
proposed ordinance scheduled for
6/7/2022
28 Requested the City Attorney’s office explore
encampment ordinances form the City of Oakland,
Los Angeles, or other regional cities and would like
a discussion on the existing policies to be brought
back before the July recess. Tran A 2/15/2022
4/19/2022 direct the City Attorney to
make the recommended changes to
the Municipal Code to remove and
prohibit property in public
29 Evaluate reopening the childcare center with a non-
profit organization running the center Montano A 2/1/2022 Discussed during Spring Quarterly
City Council Workplan Items
Prioritization Discussion; Approved to
move forward at the 5/03/2022
meeting
30 Requested an appropriation in an amount not to
exceed $250,000 to procure a contract to address
the streetlights that are pending fieldwork. Tran A 2/1/2022 At this time, staff has sufficient
Council approved resources to
address the remaining streetlight
outages; however, will bring relevant
actions for Council consideration, if
needed.
31 Explore a lease for the vacant land adjacent to the
Library for City use Tran A 1/18/2022
Discussed at Spring Quarterly City
Council Workplan Items Prioritization
Discussion; Approved to move
forward at the 5/03/2022 meeting;
32 Requested that staff study the placement of a City
sign for the Milpitas Police Department and explore
the cost of a new sign Dominguez A 1/18/2021
Staff has been working on upgrading
signage and landscaping around the
Police Department and Public Works
Building.
33 Request for the City to make the temporary third-
party food deliver fee caps permanent and add
additional provisions for enforcement Phan A 11/16/2021 Discussed at Spring Quarterly City
Council Workplan Items Prioritization
Discussion; Approved to move
forward at the 5/03/2022 meeting
29 Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
34 Staff to look into mural Art on Great Mall Parkway
on the VTA owned Light rail pillars Montano A 11/16/2021 Discussed at Spring Quarterly City
Council Workplan Items Prioritization
Discussion; Approved at the
5/03/2022 meeting; discussed
funding at the 5/10/2022 budget
meeting and approved $100,000 of
funding for one one site
35 Have a picture of Albert Vogel Sr. put up in the
Senior Center Montano A 10/19/2021
Approved to move forward at the
1/11/2022 Council meeting; Staff
engaged the artist of the existing
mural regarding this Council
approved item.
36 Requested an agenda item on November 2 Council
meeting allowing the Council to rescind direction
given to 1355 California Circle and include direction
to allow the project application to move forward
without being tied to a specific plan Chua A 10/19/2021 At the 1/18/2022 council meeting,
Council voted 4-1 to rescind the
direction and direct staff and the
application to explore option one in
the presentation to amend the
General Plan and remove Council
policy for the preparation of a Specific
Plan
37 Requested staff work with the Vice Mayor and
Mayor to explore and discuss building height limits
near the hillside by January 2022 Tran A 9/21/2021
Approved to move forward at the
1/11/2022 Council meeting; l
scheduled for 6/21/2022
38 Requested the City extend the outdoor dining
options through March of next year Phan A 9/21/2021
Planning Director to provide
information on current outdoor dining
extension
39 Work with the school district to have a contest to
create art murals for the pillars on Main Street Montano A 9/7/2021 Approved to move forward at the
1/11/2022 Council meeting
40 Partner with the Rotary Club of Silicon Andhra to
promote the stem cell donor outreach with a
webinar and campaign to help increase the number
of donors Chua A 8/17/2021
Staff will include the stem cell donor
information in regularly scheduled
wellness event
41 Include a bust of Maria Lemire on the Mural in front of the Senior Center Montano A 8/17/2021
Approved to move forward at the
1/11/2022 Council meeting; Staff
engaged the artist of the existing
mural regarding this Council
approved item.
42 City to highlight mental health resources on the
website Dominguez A 8/17/2021 Staff will issue an Email 30 Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
43 Look into allowing outdoor music and would like the
ordinance brought back to Council. Montano A 8/5/2021
Approved to move forward at the
1/11/2022 Council meeting;
scheduled for 6/21/2022
44 Look into opening up the Senior Center on
Saturdays for half a day Chua A 8/5/2021
As presented by staff on 1/11/2022,
this pilot is scheduled for completion
in fall 2022. In preparation for the
pilot, staff will issue a survey to
seniors asking for the types of
services they are seeking; hire staff
based on the feedback; and start the
three-month pilot in September 2022.
45 Look into bringing back a roller rink Montano A 8/5/2021 Approved to move forward at the
1/11/2022 Council meeting. Funding
for the program will need to be
prioritized through the FY 22-23
budget process; Discussed at
5/10/2022 budget meeting and
approved $100,000 funding for a two-
day event in 2023
46 Look into how the City can be a resource for small
businesses to help guide them on what to do in
terms of ADA (Americans with Disabilities Act)
requirements due to the quick changes made to
facilities during the pandemic Chua A 8/5/2021
SVEDA/SV Joint Venture hosted the
“SV Small Businesses & ADA
Compliance” webinar on 11/3/21.

Several Milpitas business reps, &
staff from Econ. Dev. & Building
participated. Staff met with reps from
CA Comm. on Disability Access to
discuss business education &
outreach.
47 Discussion in the next fiscal year, to have a sliding scale permitting program for seniors and low-
income residence for necessary safety renovations Tran A 5/4/2021 8/09/2021 Council voted 5-0 to move
this item forward and modify the
existing Milpitas Assistance program
to include seniors; Staff will bring this
item for funding consideration as part
of the FY 2022-23 budget process
48 Discussion to reduce the City’s Senior Center
facilities deposit Montano A 5/4/2021
8/09/2021 Council voted 5-0 to refer
this item as part of the development
of the FY 2022-23 Master Fee
Schedule; Will be brought forward on
4/19 as part of Master Fee Schedule
discussion
31 Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
49 Requested that the City have mini-libraries in the
low-income areas of the City. Montano A 4/20/2021
8/09/2021 Council voted 3-1-1 to
move this item forward, staff to follow
up with Vice Mayor Montano on
specific vision. Staff met with the Vice
Mayor. The City will continue to
facilitate libraries as needed but will
not take a lead role in funding or
operating them.
50 Staff to create a plan on how to increase the
number of local businesses doing business with the
City Chua A 4/6/2021
At 8/9/2021 Council meeting, Council
voted that this item may have to come
back for additional discussion
because there may be some legal
considerations.
51 Staff to look into creating a rose garden with a
children’s memorial site Montano A 4/6/2021
8/09/2021 Council voted 4-1 to
discuss details with Vice Mayor
Montano and refer this item as part of
the development of the 2023-2027
CIP; The funding for this project will
be included in the 2023-2027 Capital
Improvement Program scheduled for
adoption on May 3, 2022. Discussed
at the May 3 meeting funding was
reallocated to the Softball Field
project
52 Staff to look into creating “Welcome to Milpitas”
signs in key areas of in the City Montano A 4/6/2021
8/09/2021 Council voted 5-0 to move
this item forward and Council
provided direction that the signs
should align with the efforts currently
underway with the Metro Plan and
Main Street Gateway Specific Plan
process and work with private
development. Staff was directed to
work with Vice Mayor on additional
clarification. In November, Vice Mayor
Montano noted a preference for a
location on South Main Street. This
project will be added to unfunded
project list of the 2023-2027 CIP to
allow time for staff to research
potential grant funding and outreach
to local business and service clubs.
32 Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
53 Staff to provide information to place a measure on
the ballot to change the directly elected Mayor to a
rotational at-large position Tran CCM 3/16/2021
To be brought forward in Spring of
2022, once new City Attorney is in
place; scheduled for 3/15/2022;
rescheduled for 4/05/2022; discussed
at the May 10 budget meeting and
had a consensus that they did not
want to move forward with a Mayoral
ballot measure
54 Staff to provide information on a landmark policy for the City of Milpitas Tran A 3/16/2021
8/09/2021 Council voted 5-0 to move
this item forward; this item will be
included for funding consideration in
the development of the FY 2023-27
CIP for assessment of historical and
cultural resources and development
of landmark policy; The funding for
the assessment of historical and
cultural resources and development
of a landmark policy will be included
in the 2023-2027 Capital
Improvement Program scheduled for
adoption on May 3, 2022. This project
will be scheduled to begin in FY 2022-

23. 55
Amendment to the existing ordinance for third-party
food delivery vendor services to prohibit regulatory
response fees Phan A 2/16/2021
Agendized for discussion on
3/16/2021, deferred to 4/06/2021; CC
direction for City Attorney to prepare a
report; At the 11/12/2021
Transportation Subcommittee, the
Subcommittee directed to bring back
this request to Council as part of the
FY 2022-23 budget process.
56 Ordinance to ban vaping in the City Montano A 12/15/2020 Ordinance regarding a ban on use in
certain areas adopted by Council on
6/15/2021. Policy related to access to
products will be brought forward in
Spring 2022
57 Review City policy on speed bumps Tran A 12/15/2020
Presented to Transportation
Subcommittee on 02/12/2021;voted
on 3/16/2021 to revisit this item;
Scheduled for April 8, 2022
Transportation Subcommittee
Meeting
33 Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
58 Consider change in term limits for Mayor +
Councilmembers Montano A 6/16/2020
8/4/2020: Voted 3 -2 to pursue;
2/02/2021 to agendize for a future
meeting; 3/16/2021 voted 3-1-1 to
move forward. Scheduled for
3/15/2022; rescheduled for
4/05/2022; 4/05/2022 could gave
direction to move forward with
Councilmember term limits and
discuss the Mayoral seat at a later
date; Discussed at the 5/10/2022
budget meeting and had a consensus
not want to move foward with a ballot
measure for the Mayor term limit;
Councilmember term limits scheduled
for June 7; Scheduled for June 21
34 Item # C4.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Authorize the City Manager to Accept CalRecycle Grant of $107,661 and Approve Related Budget Amendment (Elaine Marshall, Deputy Public Works Director, 408- 586-2603)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 6/14/2022
Recommendation: Authorize the City Manager to accept grant funding from CalRecycle’s One-Time Senate Bill 1383 Local Assistance Grant and approve related budget amendment for revenues in the amount of $107,661 for the Solid Waste Fund (Fund 280) for FY 2021-22.

BACKGROUND:

In January 2022, the Department of Resources Recycling and Recovery (CalRecycle) provided a non- competitive one-time Senate Bill 1383 (SB 1383) Local Assistance Grant Program. The grant is to assist local jurisdictions with SB 1383 implementation and is able to be used for specific activities, such as capacity planning, collection, edible food recovery, education and outreach, enforcement and inspection, program evaluation/gap analysis, procurement, and record keeping during the grant period. Through this grant, CalRecycle made $57,000,000 available to all California jurisdictions/entities. The grant funds are based on population.

ANALYSIS:

Staff applied for the SB 1383 Local Assistance Grant in February 2022, as authorized by Council Resolution No. 9119 (Attachment 1). At the end of April, CalRecycle notified the City was awarded $107,661 in one-time grant funds. The funding will be used to offset budgeted personnel (enforcement and inspection of SB 1383) and non-personnel expenses to be used for SB 1383 tracking, monitoring, and record keeping software.

POLICY ALTERNATIVE(S):

Alternative 1: Do not accept the grant funds.

Pros: None.

Cons: The City will fund the costs of implementing SB 1383 through the City’s Solid Waste Fund and not leverage funding from CalRecycle’s SB 1383 Local Assistance One-Time grant.

Reason for Not Recommending: It is in the City’s interest to leverage external funding to offset City costs when feasible.

FISCAL IMPACT:

Budgeted expenditures (personal services and non-personal services) totaling of $107,661 related to implementation of Senate Bill 1383 will be offset with the CalRecycle grant. To recognize the grant funding, staff recommends increasing the revenues for the Solid Waste Fund (Fund 280) in the amount of $107,661 in FY 2021-22.

California Environmental Quality Act (CEQA):

Not applicable.

35 Item # C5.

RECOMMENDATION:

Accept grant funding from CalRecycle’s One-Time Senate Bill 1383 Local Assistance Grant and approve budget amendment for revenues in the amount of $107,661 in the Solid Waste Fund (Fund 280) for FY 2021-

22. Attachment(s):

1. Resolution No. 9119

2. Budget Change Form

36 Item # C5.
37 Item # C5.

City of Milpitas, California

BUDGET CHANGE FORM

From* To*
Type of Change

Account

Amount

Account

Amount
Check one:

Budget Appropriation

Budget Transfer

280-3564

$107,661

280-2909

$107,661

Authorize the City Manager to accept grant funding from CalRecycle’s One-Time Senate Bill 1383 Local Assistance Grant and approve revenue in the amount of $107,661 for the Solid Waste Fund (Fund 280) for FY 2021-22.

Background:

Analysis:

Policy Alternative:

Alternative 1: Do not accept the grant funds.

Pros: None.

Cons: The City will fund the costs of implementing SB 1383 through the City’s Solid Waste Fund and not leverage funding from CalRecycle’s SB 1383 Local Assistance One-Time grant.

Reason for Not Recommending: It is in the City’s interest to leverage external funding to offset City costs when feasible.

Fiscal Impact:

38 Item # C5.

California Environmental Quality Act:

Not applicable.

Recommendations:

Accept grant funding from CalRecycle’s One-Time Senate Bill 1383 Local Assistance Grant and approve revenue in the amount of $107,661 in the Solid Waste Fund (Fund 280) for FY 2021-22.

Attachments:

1. Resolution No. 9119

2. Budget Change Form

Check if City Council Approval required. Meeting Date: June 14, 2022

Requested by: Department Head: Tony Ndah Date: June 14, 2022 Reviewed by: Finance Director: Lauren Lai Date: June 14, 2022

Date approved by City Council, if required: Confirmed by:

FI/24786/V Form 30-222 (Rev. 1/92)
39 Item # C5.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Approve and authorize the City Manager to execute a Stormwater Management Facilities Operation and Maintenance Agreement for Milpitas Town Center 2008 LP for the Chick-fil-A project at 755 East Calaveras Boulevard. (Staff Contact: Steve Erickson, 408-586-3301)
Category: Consent Calendar-Community Development
Meeting Date: 6/21/2022
Recommendation: Approve and authorize the City Manager to execute a Stormwater Management Facilities Operation and Maintenance Agreement for Milpitas Town Center 2008 LP for the Chick-fil-A project at 755 East Calaveras Boulevard.

Background:

On June 24, 2020, the Planning Commission approved a Site Development Permit (SD19-0009) and Conditional Use Permit (UP19-0010) to allow the construction of a new 4,999 square foot commercial restaurant building with a drive-through facility, a new trash enclosure and associated offsite and onsite improvements, landscaping, irrigation and storm water treatment measures on 1.13 acres of land located at 755 East Calaveras Boulevard, and the project property is owned by Milpitas Town Center 2008 LP (Property Owner).

In accordance with State Law and the City’s Municipal Regional Stormwater NPDES Permit (“MRP”) issued by the Regional Water Quality Control Board (“RWQCB”), new development and redevelopment projects that create and/or replace 10,000 square feet or more of impervious surface are required to incorporate Low Impact Development (“LID”) post construction stormwater control measures into the project. LID control measures include, for example, bioretention areas, flow-through planters, permeable pavement, infiltration trenches and tree well filters.

Analysis:

MRP section C.3.h.ii.(1)(a) and Milpitas Municipal Code Title XI Chapter 16 require development project property owners meeting the 10,000 square foot threshold to execute and record a Stormwater Management Facilities Operation and Maintenance Agreement (“Agreement”) (Attachment 1) with the City for the perpetual operation, maintenance, and annual inspection of LID stormwater treatment facilities installed with the project.

The Chick-fil-A Project constructed stormwater Bio-treatment devices and the Property Owner will be responsible for the perpetual maintenance and operation of the bio-treatment areas specified in Agreement.

The Property Owner has complied with the LID requirements and has executed the required Agreement, which has been reviewed by the City Attorney as to form and by the City Engineer as to content.

Policy Alternatives:

Alternative 1:

Not approve the Agreement with the City for operation, maintenance and annual inspection of stormwater treatment facilities.

Pros: None

40 Item # C6.

Cons: Not approving the Agreement would cause the project to be not in compliance with the conditions of development and the City’s Municipal Code and would be prohibitive by federal and state law.

Reason not recommended: To comply with federal and state law and to allow for the on-going maintenance and City annual inspection of the installed stormwater Bio-treatment devices, staff recommends approval of the Agreement.

Fiscal Impact:

As required by the Stormwater Management Facilities Operation and Maintenance Agreement, the Project Developer/Owner will pay the City for the required annual inspections of the installed stormwater Bio-treatment facilities which are not owned or maintained by the City.

California Environmental Quality Act:

Approval of the Stormwater Management Facilities Operation and Maintenance Agreement implements the operation and maintenance of this project’s constructed on-site stormwater facilities for which CEQA review had been exempted through the City Council’s adoption of Resolution No. 20-006.

Recommendation:

Approve and Authorize the City Manager to execute a Stormwater Management Facilities Operation and Maintenance Agreement with Milpitas Town Center 2008 LP for the Chick-fil-A Project at 755 East Calaveras Boulevard.

Attachments:

1. Stormwater Management Facilities Operation and Maintenance Agreement

2. Exhibit B – Stormwater Management Plan

41 Item # C6.
42 Item # C6.
43 Item # C6.
44 Item # C6.
45 Item # C6.
46 Item # C6.
47 Item # C6.
48 Item # C6.
49 Item # C6.
50 Item # C6.
51 Item # C6.
52 Item # C6.

September 2021
1 CITY OF MILPITAS

Stormwater Management Plan
FOR
Chick-fil-A @ Calaveras
755 E Calaveras,
Milpitas, CA 95035

September 2021

Owner:

Chick-fil-A, Inc.
15635 Alton Parkway, Suite 350,
Irvine, CA 92618

Prepared By:

Kimley Horn
Miles R. Johnson, P.E.
4637 Chabot Drive, Suite #300
Pleasanton, CA 94588
(669) 800-4140
[email protected]

53 Item # C6.

September 2021
2 C.3 Stormwater Management Plan Table of Contents

I. Project Setting……………………………………………………………………………………………………………….…….2 a. Project Data
b. Legally Responsible Person Contact Information
c. Existing Site Features
d. Vicinity Map
e. Santa Clara Valley Urban Runoff Pollution Prevention Program Provision C.3 Data Form f. City of Milpitas LID Feasibility Worksheet
g. Opportunities and Constraints for Stormwater Control h. Hydrograph Modification Management Requirements
II. Measures to Limit Imperviousness…………….…………………………………………………………....………….5 a. Limitation of Development Envelope
b. Measures to Limit Directly Connected Impervious Area III. Selection and Design of Stormwater Treatment BMP’s.……………………………………….……………...6 a. Hydrology
b. Recommended Permanent BMP’s
c. Bioretention Facilities – Landscape Requirements
d. Existing Condition
IV. Source Control Measures…………………………………………………………………………………………..…………8 a. Source Control Table
V. Permitting and Code Compliance Issues……………….…….………………………………………………………..9 VI. Facility Maintenance Requirements….………………………………………………………………………………….9 a. Ownership and Responsibility for Maintenance in Perpetuity b. Statement accepting responsibility for operation and maintenance of facilities until that responsibility is formally transferred.
c. Inspection and Maintenance – Bioretention Basins
d. Inspection and Maintenance – Landscape Area

Appendices
A. City Stormwater Forms (C.3 Data Form)
B. MRP Calculations and BMP Sizing Calculations
C. Stormwater Control Exhibit
D. Treatment Measure Details and Sections
E. Operations and Maintenance Plan
F. Annual Reporting Tables
G. Stormwater Treatment Facilities Inspection & Maintenance Checklist H. Geotechnical Investigation

54 Item # C6.

September 2021
3 I. Project Setting
a. Project Data
Project Name/Number Chick-fil-A @ Calaveras, FSR #04483 Applicant Kimley Horn
Miles R. Johnson, P.E.
4637 Chabot Drive, Suite #300
Pleasanton, CA 94588
(669) 800-4140
[email protected]
Application Submittal Date August 2021
Project Location 755 E Calaveras, Milpitas, CA 95035
Project Use Convenience Food Restaurant
Project Type and Description Existing commercial building to be demolished and redeveloped a new convenience food restaurant. The improvements include drive- through restaurant with outdoor seating, new parking, ADA accessibility, EV parking, a new trash enclosure, landscape improvements and stormwater treatment facilities.

APN Number 02812013
Total Site Improvement Area 1.27 acres (55,267 SF)
Total Pre-Project Pervious
Area

0.29 acres (12,705 SF)
23%
Total Pre-Project Impervious
Area

0.98 acres (42,562 SF)
77%
Total Post-Project Pervious
Area

0.39 acres (16,825 SF)
30%
Total Post-Project
Impervious Area

0.88 acres (38,442 SF)
70%

55 Item # C6.

September 2021
4 b. Legally Responsible Person Contact Information
Keith Gilbert
Chick-fil-A, Inc.
755 E Calaveras,
Milpitas, CA 95035
(562) 505-5540
[email protected]

c. Existing Site Features
The existing property has a single-story commercial building. The majority of the property is asphalt with planting along the Calaveras Boulevard and Hillview Drive. There is one driveway along Hillview Drive. The project site is relatively level, and slopes slightly to the North. Surface drainage at the site is conveyed through sheet flow and a series of underground pipes. Stormwater discharges from the site are not considered direct discharges as defined by the State Water Board into Berryessa Creek. Berryessa Creek discharges to Lower Penitencia Creek, which flows to the Coyote Creek and ultimately South Francisco Bay.

d. Vicinity Map

e. Santa Clara Valley Urban Runoff Pollution Prevention Program Provision C.3 Data Form The City of Milpitas – Stormwater Requirements C.3 Data Form has been completed and is included in this report in Appendix A – City Stormwater Forms.

f. City of Milpitas LID Feasibility Worksheets
The City of Milpitas Infiltration Feasibility Worksheet is not required since the saturated hydraulic conductivity, Ksat for this site does not exceed 1.6 in/hr.

56 Item # C6.

September 2021
5 g. Opportunities and Constraints for Stormwater Control Opportunities: All landscape areas within the proposed site including open space areas, street frontages, and paseos, provide an opportunity for treatment through bioretention areas. These bioretention areas will be incorporated into the landscape design to provide appropriate vegetation and treatment.

Constraints: Project will cover most of the site with new roofs and paving. Disposal of runoff to deep infiltration is not feasible on this site due to the low permeability of the clay soils. Generally flat topography can make it difficult to grade parking lots and driveways sufficiently to drain runoff into planters or swales located at the site perimeter.

Geotechnical Investigation dated September 4, 2020 was performed by Giles Engineering Associates, Inc. Soil conditions, sampling, lab testing and subsurface materials can be found in the attached Geotech Report in Appendix I.

h. Hydrograph Modification Management Requirements
The project is exempt from Hydrograph Modification requirements since the new project does not add or replace 1 acre of more of impervious surface according to Appendix E-1 of SCVURPPP Handbook. Applicant is encouraged to select site design and treatment measures that help accomplish flow control.

II. Measures to Limit Imperviousness

a. Limitation of Development Envelope
Five (5) existing trees along the public streets within the property are proposed to be protected in place. Otherwise, the full property shall be redeveloped.

b. Measures to Limit Directly Connected Impervious Area. i. Site design features
The site has been designed to direct surface runoff from the site into two (2) bioretention systems. This is to minimize runoff into the stormdrain system from impervious surfaces prior to treatment. These bioretention systems have been placed in locations where existing drainage flows, preserving existing drainage patterns.
ii. Selection of Paving Materials
Conventional concrete and conventional asphalt are used throughout the site. Permeable pavement is not proposed on this project. The existing site mostly has dense, clayey soils which are not well-draining.
iii. Detention and drainage design
The proposed project directs runoff from the three (3) Drainage Management Areas to the two (2) proposed LID treatment areas.
57 Item # C6.

September 2021
6 iv. Roof run-off through treatment facility
The new convenience store roof shall be directed to Bioretention Area A, via roof drains which connect to storm drain pipes, and discharge to street, and surface flow to the Bioretention Area.

III. Selection and Design of Stormwater Treatment BMP’s1

a. Hydrology
Runoff coefficients for existing and proposed on-site conditions were based on the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP). The estimated runoff coefficients are 0.9 per stormwater report per separate submittal.

CASQA BMP Handbook Method was used for hydraulic sizing the bioretention area. Refer to Appendix B for BMP sizing calculations.

b. Recommended Permanent BMP’s

This SWCP has identified the use of Bioretention as the best method to fulfill on-site treatment requirements. The BMP’s will provide a level of treatment that meets the C.3 requirements for the runoff generated by the project improvements:

 Selected landscaping areas can be used as bioretention BMP’s. Where feasible, adjacent roof, parking and street runoff will be directed to bioretention areas.  Roof runoff from the perimeter will be directed to the bioretention areas.

c. Bioretention Facilities – Landscape Requirements

Bioretention treatment areas are designed to filter pollutants from stormwater runoff from adjacent roofs, parking, streets, and landscape areas using a combination of vegetation, ponding, permeable planting soil, and a subdrain system. Bioretention treatment areas, which will receive runoff through disconnected downspouts, curb cut, and the local area drain system will be located throughout the site and will ultimately discharge into the existing storm drain system. The local area drain system will collect runoff from building downspouts and pathways prior to discharging into the bioretention areas.

Bioretention treatment areas will be sized to maximize treatment for tributary areas. Runoff that is directed into the bioretention areas will infiltrate through a minimum of 18” of biotreatment soil (as identified in the SCVURPPP Handbook, consist of the mixture of 60%-70% of fine sand and 30%- 40% of compost, measured on a volume basis). The treatment soil and the planting material to be used within the bioretention treatment areas must have an infiltration rate of 5 inches per hour to meet the minimum infiltration criteria as describe in the SCVURPPP bioretention design and sizing guidelines.

1 Hydro Modification are only used for projects with 1 acre or more impervious surface and creating more impervious surface area over the pre-project (existing) condition. 58 Item # C6.

September 2021
7 Each bioretention area is equipped with an overflow structure that will direct excess water directly into the drainage system. In all cases, the rim of the overflow pipe will be set to meet the minimum ponding depth requirements for each individual bioretention area. Sizing of the bioretention areas is calculated using the Combination Flow and Volume Design Basis Method.

Bioretention area will be responsible for 100% of the required treatment. The drainage area that will be treated is approximately 1.27 acres consisting of 0.88 acres of impervious surfaces. DMAA will be treated in Bioretention Area A at the northeast corner of the project and DMAB will be treated in Bioretention Area B located in a landscape island in the parking field to the west of the restaurant building. Bioretention area data is shown in Appendix A.

The Bioretention facilities should support vigorous plant growth. Plants that are used in the treatment facilities are Cercis Canadensis/Forest Pansey Redbud, Callistemon Viminalis/Little John, and Muhlenbergia regens/Deer Grass. Native and naturalized plans are used within the bioretention facilities to reduce the need for fertilizers, pesticides and other amendments as well as minimize supplemental water use. Maintenance is directed to avoid the use of pesticides and quick release synthetic fertilizers and follow the principles of integrated pest management (IPM).

59 Item # C6.

September 2021
8 IV. Source Control Measures

a. Source Control Table

Potential Source of
Runoff Pollutants Permanent Source Control BMPs
Operational Source
Control BMPs
On-site storm drain
inlets (unauthorized
non-stormwater
discharges and
accidental spills or
leaks).
 Mark all inlets with the words
“NO DUMPING – DRAINS TO
BAY” or similar.
 Maintain and periodically repaint or
replace or renewed inlet markings as
needed.
 Provide stormwater pollution
prevention information to new site
owners, lessees or operators.
 See applicable operational BMPs in
Fact Sheet SC-44, “Drainage System
Maintenance,” in the CASQA
Stormwater Quality Handbooks at
www.cabmphandbooks.com
 Include the following in lease
agreements: “Tenant shall not allow
anyone to discharge anything to
storm-drains or to store or deposit
materials so as to create a potential
discharge to storm drains.”
Landscape/ Outdoor
Pesticide Use/
Building and Grounds
Maintenance
 Preserve existing native trees,
shrubs and ground cover to
the maximum extent possible
 Design landscaping to
minimize irrigation and runoff,
to promote surface infiltration
where appropriate, and to
minimize the use of fertilizers
and pesticides that can
contribute to stormwater
pollution
 Where landscaped areas are
used to retain or detain
stormwater, specific plants
that are tolerant of saturated
soil conditions
 Consider using pest-resistant
plans, especially adjacent to
hardscape
 To ensure successful
establishment, select plants
approximate to site soils,
slopes climate, sun wind, rain,
land use, air movement,
 Maintain landscaping using minimum
or no pesticides.
 See applicable operational BMPs in
Fact Sheet SC-41, “Building and
Grounds Maintenance,” in the CASQA
Stormwater Quality Handbooks at
www.cabmphandbooks.com
 Provide IPM information to new
owners, lessees and operators.
60 Item # C6.

September 2021
9 ecological consistency and
plant interactions.

Refuse areas  The refuse area will be a fully
enclosure area, with walls and
a roof. Rainwater will land on
the roof of the trash enclosure
and runoff into the adjacent
area which is directed to
bioretention. The interior of
the trash enclosure will drain
to an inlet which is piped to
the sanitary sewer system.
 A sign will be posted on or
near dumpsters with the
words “Do not dump
hazardous materials here” or
similar.
 Prior to washing down the interior of
the trash enclosure, verify that the
sanitary sewer inlet is draining
properly so that all wastewater will be
directed to the sanitary sewer system.

Plazas, sidewalks,
and parking lots.   Sweep plazas, sidewalks, and parking lots regularly to prevent accumulation
of litter and debris. Collect debris from
pressure washing to prevent entry into
the storm drain system. Collect wash
water containing any cleaning agent or
degreaser and discharge to the
sanitary sewer not to a storm drain.

V. Permitting and Code Compliance Issues

An assessment for the proposed project determined that 100% LID treatment for the project is not feasible. The project site cannot adequately accommodate the required size of biotreatment facilities on the ground level without imposing potential risks to existing infrastructure, the proposed buildings themselves and required utilities needed for building operation and safety.

In conclusion and in conjunction to the Special Project Eligibility section previously noted, this project has no known conflicts between this proposed Stormwater Control Plan and the City of Milpitas’ ordinances and policies. Any conflicts that are found will be resolved through the design review process or during subsequent permitting.

VI. Facility Maintenance Requirements

a. Ownership and Responsibility for Maintenance in Perpetuity i. Commitment to Execute all Required Agreements
The owner is responsible for the implementation of the provisions of this Storm Water 61 Item # C6.

September 2021
10 Plan and will ensure that the site maintenance meets up-to-date conditions on the site consistent with the current Stormwater requirements.

The property owner will be subject to an annual fee (set by the City’s standard fee schedule) to offset the cost of inspecting the site or verifying that the stormwater management facilities are being maintained. Property owner will also be required to ensure that all costs associated with the perpetual Operation & Maintenance, administration and reporting of these water quality facilities are paid for. ii. Commitment to Execute any Necessary Agreements.

The property owner(s) will be required to submit a Storm Water Control Operation and Maintenance (O&M) Plan to the City for review and approval prior to the completion of construction and will execute a Stormwater Management Facilities Operation and Maintenance Agreement before sale, transfer, or permanent occupancy of the site.

The Storm Water O&M Plan will be reviewed with the facility operator, facility supervisors, employees, tenants, maintenance and service contractors, or another party having responsibility of implementing portions of this Plan. b. Statement accepting responsibility for operation and maintenance of facilities until that responsibility is formally transferred.

The owner accepts responsibility for interim operation and maintenance of stormwater treatment and flow-control facilities until such time as this responsibility is formally transferred to a subsequent owner. Once the owner transfers the property, its successors-in-interest shall bear the aforementioned responsibility to implement and amend this Plan. c. Inspection and Maintenance – Bioretention Basins
Primary maintenance activities include vegetation management and sediment removal.

Mosquito larvicides should be applied only when absolutely necessary. The typical maintenance requirements include:

 Conduct semi-annual inspection as follows:
o Evaluate the health of the vegetation. Replace and amend plants and soils as necessary to ensure the planters are effective and attractive. Plants must remain healthy and trimmed if overgrown. Soils must be maintained to efficiently filter the storm water.
o Visually inspect for ponding water to ensure that filtration is occurring. o After all major storm events, remove any trash and debris, inspect drain pipes and bubble-up risers for obstructions, and remove if necessary. o Inspect the outlet, embankments, dikes, berms, and side slopes for structural integrity and signs of erosion or rodent burrows. Fill in any holes detected in the side slopes.
o Examine outlets and overflow structures and remove any debris plugging the outlets.
62 Item # C6.

September 2021
11 o General landscape maintenance, including pruning and cleanup. o Identify and minimize any sources of sediment and debris. Check rocks or other erosion control and replace, if necessary.
o Excavate, clean and or replace filter media (sand, gravel, topsoil) to ensure adequate infiltration rate.
 Maintenance activities at the bottom of the basin shall NOT be performed with heavy equipment, which would compact the soil and limit infiltration.  Harvest vegetation annually, during the summer.
 Irrigate throughout the dry season. Irrigation will be provided with sufficient quantity and frequency to allow plants to thrive
 Trim vegetation at beginning and end of the wet season and inspect monthly to prevent establishment of woody vegetation and for aesthetic and mosquito control reasons.  Dead vegetation shall be removed to maintain less than 10% of area coverage or when vegetative filter strip function is impaired. Vegetation shall be replaced immediately to control erosion where soils are exposed and within 3 months to maintain cover density.  Avoid the use of pesticides and quick release synthetic fertilizers and follow the principles of integrated pest management (IPM). Check with the local jurisdiction for any local policies regarding the use of pesticides and fertilizers.  Remove sediment from the forebay when the sediment level reaches the level shown on the fixed vertical sediment marker.
 Remove accumulated sediment and regrade about every 10 years or when the accumulated sediment volume exceeds 10 % of the basin volume.  Storm drain facilities should be cleaned out once a year.

d. Inspection and Maintenance – Landscape Areas

 Limit the use of fertilizers and/or pesticides. Mosquito larvicides should be applied only when absolutely necessary.
 Replaced and amend plants and soils as necessary to ensure the planters are effective and attractive. Plants must remain healthy and trimmed if overgrown. Soils must be maintained to efficiently filter the storm water.
 After all major storm events, remove trash and inspect drain pipes for obstructions and remove if necessary.
 Continue general landscape maintenance, including pruning and cleanup throughout the year.
 Irrigate throughout the dry season. Irrigation will be provided with sufficient quantity and frequency to allow plants to thrive.

63 Item # C6.

APPENDIX A
C.3 Data Form

64 Item # C6.

City of Milpitas - SCVURPPP C.3. Data Form Page 1 of 4 12/2013

City of Milpitas – Stormwater Requirements C.3 Data Form

Santa Clara Valley Urban Run-Off Pollution Prevention Program

1. Project Information
Project Name: ____________________________________APN # _________________________ Project Address:

Cross Streets:

Applicant/Developer Name:

Project Phase(s): ______of______ Engineer:

Project Type (Check all that apply): /box2 New Development /box2 Redevelopment /box2 Residential /box2 Commercial /box2 Industrial /box2 Mixed Use /box2 Public /box2 Institutional /box2 Restaurant /box2 Uncovered Parking /box2 Retail Gas Outlet /box2 Auto Service (SIC code) _______ /box2 Other ________________________________________
Project Description: _______________________________________________________________

Project Watershed/Receiving Water (creek, river, or bay):_______________________________ Which Projects Must Comply with Stormwater Requirements? All projects that create and/or replace 10,000 sq. ft. or more of impervious surface on the project site must fill out this worksheet and submit it with the development project application.

All restaurants, auto service facilities, retail gasoline outlets, and uncovered parking lot projects (stand-alone or part of another development project, including the top uncovered portion of parking structures) that create and/or replace 5,000 sq. ft. or more of impervious surface on the project site must also fill out this worksheet.

Interior remodeling projects, routine maintenance or repair projects such as re-roofing and re-paving, and single family homes that are not part of a larger plan of development are NOT required to complete this worksheet.

What is an Impervious Surface?
An impervious surface is a surface covering or pavement that prevents the land’s natural ability to absorb and infiltrate rainfall/stormwater. Impervious surfaces include, but are not limited to rooftops, walkways, paved patios, driveways, parking lots, storage areas, impervious concrete and asphalt, and any other continuous watertight pavement or covering. Pervious pavement, underlain with pervious soil or pervious storage material (e.g., drain rock), that infiltrates rainfall at a rate equal to or greater than surrounding unpaved areas OR that stores and infiltrates the water quality design volume specified in Provision C.3.d of the Municipal Regional Stormwater Permit (MRP) is not considered an impervious surface.

For More Information
For more information regarding selection of Best Management Practices for stormwater pollution prevention or stormwater treatment in Santa Clara County : http://www.scvurppp -w2k.com/c3_han dbook_2012.shtml (5013-5014, 5541, 7532-7534, 7536-7539)
Chick-fil-A @ Calaveras & Hillview
02812013
755 E Calaveras, Milpitas, CA
Calaveras & Hillview
Chick-fil-A
1 1
Miles Johnson
Proposed Drive-Thru Restaurant with Parking and
Landscaping
San Francisco Bay
✔
✔
65 Item # C6.

City of Milpitas - SCVURPPP C.3. Data Form Page 2 of 4 12/2013

2. Project Size
a. Total Site Area:
____________________acre
b. Total Site Area Disturbed: __________________ ac re
(including clearing, grading, or excavating)
Existing Area (ft 2) Proposed Area (ft 2) Total Post-Project Area (ft 2) Replaced New
Impervious Area
Roof
Parking
Sidewalks and Streets
c. Total Impervious Area
d. Total new and replaced impervious area
Pervious Area
Landscaping
Pervious Paving
Other (e.g. Green Roof)
e. Total Pervious Area
f. Percent Replacement of Impervious Area in Redeve lopment Projects (Replaced Total Impervious Area ÷ Existing Total Impervious Area) x 100% = _ ______________________%

3. State Construction General Permit Applicability:
a. Is #2.b. equal to one acre or more?
/box2 Yes, applicant must obtain coverage under the Stat e Construction General Permit (i.e., file a Notice of Intent and prepare a Stormwater Po llution Prevention Plan) (see www.swrcb.ca.gov/water_issues/programs/stormwater/construction.shtml for details). /box2 No, applicant does not need coverage under the State Construction General Permit.

4. MRP Provision C.3 Applicability:
a. Is #2.d. equal to 10,000 sq. ft. or more, or 5,000 sq. ft. or more for restaurants, auto service facilities, retail gas outlets, and uncovered parking?
/box2 Yes, C.3. source control, site design, and treatment requirements apply. /box2 No, C.3. source control and site design requirements may apply – check with local agency b. Is #2.f. equal to 50% or more?

/box2 Yes, C.3. requirements (site design, source control, as appropriate, and stormwater treatment) apply to entire site.
/box2 No, C.3. requirements only apply to impervious area created and/or replaced.

5. Hydromodification Management (HM) Applicability:
a. Does project create and/or replace one acre or more of impervious surface AND is the total post-project impervious area greater than the pre-project (existing) impervious area? /box2 Yes (continue) /box2 No – exempt from HM, go to page 3 b. Is the project located in an area of HM applicability (green area) on the HM Applicability Map? ( www.scvurppp-w2k.com/hmp_maps.htm ) /box2 Yes, project must implement HM requirements
/box2 No, project is exempt from HM requirements

1.27 1.13
23,977
6,459
42,562
38,442
12,705
0 0
12,705
83 12,126
✔
✔
✔
✔
5,287
23,977
5,420
35,439
0 3,758
0 3,758
5,287
27,735
5,420
38,442
12,705 4,120 16,825
0 0
12,705
0 0
4,120
0 0
16,825
66 Item # C6.

City of Milpitas - SCVURPPP C.3. Data Form Page 3 of 4 12/2013

6. Selection of Specific Stormwater Control Measure s:

Site Design Measures
/boxshadowdwn Minimize land disturbed
/boxshadowdwn Minimize impervious
surfaces
/boxshadowdwn Minimum-impact street
or parking lot design
/boxshadowdwn Cluster structures/
pavement
/boxshadowdwn Disconnected downspouts
/boxshadowdwn Pervious pavement
/boxshadowdwn Green roof
/boxshadowdwn Microdetention in
landscape
/boxshadowdwn Other self-treating area
/boxshadowdwn Self-retaining area
/boxshadowdwn Rainwater harvesting and
use
(e.g., rain barrel, cistern
connected to roof drains) 1
/boxshadowdwn Preserved open space:
_______ ac. or sq. ft

.(circle one)
/boxshadowdwn Protected riparian and
wetland areas/buffers
(Setback from top of bank:
_______ft.)

/boxshadowdwn Other _______________
Source Control Measures
/boxshadowdwn Alternative building
materials
/boxshadowdwn Wash area/racks, drain to
sanitary sewer
2 /boxshadowdwn Covered dumpster area,
drain to sanitary sewer
2 /boxshadowdwn Sanitary sewer
connection or accessible
cleanout for swimming
pool/spa/fountain
2 /boxshadowdwn Beneficial landscaping
(minimize irrigation, runoff,
pesticides and fertilizers;
promotes treatment)

/boxshadowdwn Outdoor material storage
protection
/boxshadowdwn Covers, drains for loading
docks, maintenance bays,
fueling areas
/boxshadowdwn Maintenance (pavement
sweeping, catch basin
cleaning, good housekeeping)

/boxshadowdwn Storm drain labeling
/boxshadowdwn Other _______________
Treatment Systems
/boxshadowdwn None ( all impervious surface
drains to self-retaining areas)
LID Treatment
/boxshadowdwn Rainwater harvest and
use
(e.g., cistern or rain barrel
sized for C.3.d treatment)
/boxshadowdwn Infiltration basin
/boxshadowdwn Infiltration trench
/boxshadowdwn Exfiltration trench
/boxshadowdwn Underground detention
and infiltration system
(e.g. pervious pavement drain
rock, large diameter conduit)

Biotreatment 3
/boxshadowdwn Bioretention area
/boxshadowdwn Flow-through planter
/boxshadowdwn Tree box with
bioretention soils
/boxshadowdwn Other _______________
Other Treatment Methods
/boxshadowdwn Proprietary tree box filter 4
/boxshadowdwn Media filter (sand, compost,
or proprietary media)4
/boxshadowdwn Vegetated filter strip 5
/boxshadowdwn Dry detention basin 5
/boxshadowdwn Other _______________

Flow Duration Controls for Hydromodification Management (HM)

/boxshadowdwn Detention basin /boxshadowdwn Underground tank or vault
/boxshadowdwn Bioretention with outlet
control
/boxshadowdwn Other
_______________

1 Optional site design measure; does not have to be sized to comply with Provision C.3.d treatment requi rements. 2 Subject to sanitary sewer authority requirements.
3 Biotreatment measures are allowed only with completed feasibility analysis showing that infiltration and rainwater harvest and use are infeasible.
4 These treatment measures are only allowed if the project qualifies as a “Special Project”. 5 These treatment measures are only allowed as part of a multi-step treatment process. ✔
✔
✔
✔
✔
✔
✔
✔
✔
67 Item # C6.

City of Milpitas - SCVURPPP C.3. Data Form Page 4 of 4 12/2013

7. Treatment System Sizing for Projects with Treatment Requirements

Indicate the hydraulic sizing criteria used and provide the calculated design flow or volume:

Treatment System Component Hydraulic Sizing
Criteria Used 3
Design Flow or
Volume
(cfs or cu.ft.)

3Key: 1a: Volume – WEF Method
1b: Volume – CASQA BMP Handbook Method
2a: Flow – Factored Flood Flow Method
2b: Flow – CASQA BMP Handbook Method
2c: Flow – Uniform Intensity Method
3: Combination Flow and Volume Design Basis

8. Alternative Certification: Was the treatment system sizing and design reviewed by a qualified third- party professional that is not a member of the project team or agency staff?

/box2 Yes /box2 No Name of Reviewer: _____________________________ ______________

9. Operation & Maintenance Information
A. Property Owner’s Name: ____________________________ _____________ B. Responsible Party for Stormwater Treatment/Hydromodification Control O&M:
a. Name: _________________________________________
b. Address: _________________________________________ c. Phone/E-mail: ____________________________________ _____

This section to be completed by City of Milpitas staff.

O&M Responsibility Mechanism
Indicate how responsibility for O&M is assured. Check all that apply:
/box2 O&M Agreement
/box2 Other mechanism that assigns responsibility (describe below):
___________________________________________________ _____________________________________ ___________________________________________________ _____________________________________

Reviewed:

Planning Department Public Works Department
Planning Division: ________ Land Development: ___ _____ Other (Specify): ________ Other (Specify): ________

Bioretention Area A
2b
75 cu.ft.

Bioretention Area B
2b
1,160 cu.ft.

Keith Gilbert
Chick-fil-A
15635 alton parkway, suite 350, irvine, ca 92618
562-505-5540 // [email protected]
✔
68 Item # C6.

APPENDIX C
MRP Calculations and BMP Sizing Calculations

69 Item # C6.

C.3 STORMWATER HANDBOOK
Appendix B B- 7
Section II. Sizing for Volume-Based Treatment Measures, continued The equation that will be used to size the BMP is:

Design Volume = (Rain Gage Correction Factor) (Unit Basin Storage Volume) (Drainage Area) Step 1. Determine the drainage area for the BMP, A =____________acres Step 2.Determine percent imperviousness of the drainage area:
a. Estimate the amount of impervious surface (rooftops, hardscape, streets, and sidewalks, etc.) in the area draining to the BMP:____________acres
b. % impervious area = (amount of impervious area/drainage area for the BMP) 100 % impervious area =(Step 2.a/Step 1) 100
% impervious area = __________%
Step 3. Find the mean annual precipitation at the site (MAPsite). To do so, estimate where the site is on Figure B-1 and estimate the mean annual precipitation in inches from the rain line (isopleth) nearest to the project site.6 Interpolate between isopleths if necessary.

MAPsite = _____inches
Step 4. Identify the reference rain gage closest to the project site from Table B-2b and record the MAPgage:

MAPgage = _____inches
Table B-2b: Precipitation Data for Three Reference Gages Reference Rain
Gages
Mean Annual
Precipitation (MAPgage)
(in)
San Jose Airport 13.9
Palo Alto 13.7
Morgan Hill 19.5
6 Check with the local municipality to determine if more detailed maps are available for locating the site and estimating MAP.

Section II.B — Sizing Volume-Based Treatment Measures based on the Adapted CASQA Stormwater BMP Handbook Approach
70 Item # C6.

SANTA CLARA VALLEY URBAN RUNOFF POLLUTION PREVENTION PROGRAM B-8 Appendix B
Section II. Sizing for Volume-Based Treatment Measures, continued Step 5 Determine the rain gage correction factor for the precipitation at the site using the information from Step 3 andStep 4.

Correction Factor = MAPsite (Step 3)/MAPgage (Step 4)
Correction Factor =____________
Step 6. Identify the representative soil type for the BMP drainage area. a) Identify from Figure B-1 or from site soils data, the soil type that is representative of the pervious portion of the project shown here in order of increasing infiltration capability:
____ Clay (D) ____ Sandy Clay (D) ____ Clay Loam (D)
____ Silt Loam/Loam (B) ____ Not Applicable (100% Impervious) b) Does the site planning allow for protection of natural areas and associated vegetation and soils so that the soils outside the building footprint are not graded/compacted?___ (Y/N) If your answer is no, and the soil will be compacted during site preparation and grading, the soil’s infiltration ability will be decreased. Modify your answer to a soil with a lower infiltration rate (e.g., Silt Loam to Clay Loam or Clay).

Modified soil type:____________
Step 7. Determine the average slope for the drainage area for the BMP:________% Step 8. Determine the unit basin storage volume from sizing curves. a) Slope 1%
Use the figure at the end of this Appendix entitled “Unit Basin Volume for 80% Capture, 1% Slope” corresponding to the nearest rain gage: Figure B-2, B-3, or B-4 for San Jose, Palo Alto, or Morgan Hill, respectively. Find the percent imperviousness of the drainage area (fromStep 2) on the x-axis. From there, find the line corresponding to the soil type (fromStep 6), and obtain the unit basin storage volume on the y-axis.

Unit Basin Storage for 1% slope (UBS 1%) =____________(inches) b) Slope 15%
Use the figure at the end of this Appendix entitled “Unit Basin Volume for 80% Capture, 15% Slope” corresponding to the nearest rain gage: Figure B-5, B-6, or B-7 for San Jose, Palo Alto, or Morgan Hill, respectively. Find the percent imperviousness of the drainage area (fromStep 2) on the x-axis. From there, find the line corresponding to the soil type (fromStep 6), and obtain the unit basin storage volume on the y-axis.

Unit Basin Storage for 15% slope (UBS15%) =____________(inches) Section II.B —Adapted CASQA Stormwater BMP Handbook Approach (continued) 71 Item # C6.

C.3 STORMWATER HANDBOOK
Appendix B B- 9
Section II. Sizing for Volume-Based Treatment Measures, continued c) Slope > 1% and < 15%
Find the unit basin volumes for 1% and 15% using the techniques inSteps 8.a and8.b and interpolate by applying a slope correction factor per the following formula:

Unit Basin Storage volume (UBSx) = ____________(inches) (corrected for slope of site)
Step 9. Determine the Adjusted Unit Basin Storage Volume for the site, using the following equation:

Adjusted UBS = Rain Gage Correction Factor Unit Basin Storage Volume Adjusted UBS = (Step 5) (Step 8)
Adjusted UBS = _______inches
Step 10. Determine the BMP Design Volume, using the following equation:

Design Volume = Adjusted Unit Basin Storage Volume Drainage Area Design Volume = (Step 9) (Step 1) 1 foot/12 inch
Design Volume = _______ acre-feet 43,560 square feet/acre =_______ cubic feet UBSx = UBS 1% + (UBS15% - UBS1%) (X%-1%) / (15% -1%)
= (Step 8a) + (Step 8b- Step 8a) (X%-1%)/(15%-1%)
Where UBSx = Unit BasinStorage volume for drainage area of intermediate slope, X % Section II.B. —Adapted CASQA Stormwater BMP Handbook Approach (continued) 72 Item # C6.

C.3 STORMWATER HANDBOOK
Appendix B B- 7
Section II. Sizing for Volume-Based Treatment Measures, continued The equation that will be used to size the BMP is:

MAPsite = _____inches
Step 4. Identify the reference rain gage closest to the project site from Table B-2b and record the MAPgage:

Section II.B — Sizing Volume-Based Treatment Measures based on the Adapted CASQA Stormwater BMP Handbook Approach
73 Item # C6.

Unit Basin Storage for 15% slope (UBS15%) =____________(inches) Section II.B —Adapted CASQA Stormwater BMP Handbook Approach (continued) 74 Item # C6.

Unit Basin Storage volume (UBSx) = ____________(inches) (corrected for slope of site)
Step 9. Determine the Adjusted Unit Basin Storage Volume for the site, using the following equation:

APPENDIX D
Stormwater Control Exhibits

76 Item # C6.

CALAVERAS BLVD(PUBLIC-CALTRANS)
HILLVIEW DRIVE(PUBLIC)PROP BLDGFF=27.52PAD=26.77

OVERLANDRELEASEOVERLANDRELEASE
REVISION SCHEDULEFSR#CHICK-FIL-ACalaveras & Hillview04483Calaveras & HillviewMilpitas, CA 95035NO.DATEDESCRIPTION K:\LAV_Civil\092908020-Chick-fil-A Calaveras Hillview 04483\CAD\PlanSheets\092908020-SMCP.dwg Sheet No: SWCP Saved by: casey.teator - Tuesday, September 14, 2021 9:58 AM Printed by: Teator, Casey - September 14, 2021 10:00 AM Chick-fil-A5200 Buffington RoadAtlanta, Georgia30349-2998© Information contained on this drawing and in alldigital files produced for above named projectmay not be reproduced in any manner withoutexpress written or verbal consent fromauthorized project representatives.

PROJECT #PRINTED FORDATESHEETSHEET NUMBERSHEET NUMBER
DESIGN BY092908020BID9/13/2021- DRAWN BYCTCTAGENCY #A 2/4/2021CITY RESUBMITTAL 1 9/13/2021
B 4/26/2021CITY RESUBMITTAL 2D 7/26/2021BD #3 COMMENTRESPONSESISSUE FOR CONSTRUCTIONBENCHMARKNOTES:BASIS OF BEARING

STORMWATER NOTES

SOILS NORTH

RUNOFF NOTE
LEGEND

CALCULATIONS
77 Item # C6.

APPENDIX E
Treatment Measure Details and Sections

78 Item # C6.

CHAPTER 5

TECHNICAL REQUIREMENTS
53 ► LANDSCAPE INFILTRATION/BIORETENTION

Minimum storage depth: 6″
Maximum storage depth: 18″
Maximum side slope: 2:1.

Minimum bottom width: 3 '
Plantings may include trees, shrubs, grasses or turfgrasses suitable for periodic inundation. Irrigation required to maintain plant viability.

Soils in the top 12″ to be equivalent to a sandy loam with a minimum infiltration rate of 5 inches/hour.

Provide liner where required to protect groundwater. Provide underdrain system in “D” soils or where liner is required.

Drawing courtesy City of Portland, OR.
79 Item # C6.

80 Item # C6.

APPENDIX F
Operations and Maintenance Plan

81 Item # C6.
755 E Calaveras,
Milpitas, CA 95035
Page | 1 Stormwater O&M Plan

Stormwater Treatment Measures Operation and Maintenance Plan Chick-fil-A FSR #04483
City of Milpitas, California

Project Address: 755 E Calaveras, Milpitas, CA 95035
Assessor’s Parcel No.: 02812013
Property Owner: Chick-fil-A, Inc Phone No.:

Designated Contact: Keith Gilbert Phone No.: (404) 765-8038 Mailing Address: 15635 Alton Parkway, Suite 350, Irvine, CA 92618 The property contains two (2) BMPs, located as described below and as shown in the attached Stormwater Control Plan. A summary of the BMPs is below:
▪ BMP No. 1 is a bioretention area , located along the north east property corner, northeast of the restaurant.
▪ BMP No. 2 is a bioretention area, located at the center of parking lot.

I. Routine Maintenance Activities
The principal mainte nance objective is to prevent sediment buildup and clogging within the BMPs , which reduces pollutant removal efficiency and may lead to bioretention area failure and to ensure that water flows unimpeded into the flow -through planter and landscaping remains attractive in appearance. Routine maintenance activities are described below , and the frequency at which they will be conducted are shown in Table 1.

A. Bioretention Basins
Primary maintenance activities include vegetation management and sediment removal. M osquito control is also a concern in extended detention basins that are designed to include pools of standing water. The typical maintenance requirements include:

• Conduct semi-annual inspection as follows:

1. Evaluate the health of the vegetation . Replace and amend plants and soils as necessary to ensure the planters are effective and attractive. Plants must remain healthy and trim med if overgrown. Soils must be maint ained to efficiently filter the storm water.

2. Visually inspect for ponding water to ensure that filtration is occurring.

3. After all major storm events, remove any trash and debris, inspect drain pipes and bubble-up risers for obstructions, and remove if necessary.

4. Inspect the outlet, embankments, dikes, berms, and side slopes for structural integrity and signs o f erosion or rodent burrows. Fill in any holes detected in the side slopes.
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755 E Calaveras,
Milpitas, CA 95035
Page | 2 Stormwater O&M Plan

5. Examine outlets and overflow structures and remove any debris plugging the outlets.

6. General landscape maintenance, including pruning and cleanup.

7. Identify and mi nimize any sources of sediment and debris. Check rocks or other erosion control and replace, if necessary.

8. Excavate, clean and or rep lace filter media (sand, gravel, topsoil) to ensure adequate infiltration rate.

• Maintenance activities at the bottom of the basin shall NOT be performed with heavy equipment, which would compact the soil and limit infiltration. • Harvest vegetation annually, during the summer.
• Irrigate throughout the dry season. Irrigation will be provided with sufficient quantity and frequency to allow plants to thrive
• Trim vegetation at beginning and end of the wet season and inspect monthly to prevent establishment of woody vegetation and for aesthetic and mosquito control reasons. • Dead vegetation shall be removed to maint ain less than 1 0% of area coverage or when vegetative filter strip function is impaired. Vegetation shall be replaced immediately to control erosion where soils are exposed and within 3 months to maintain cover density. • Avoid the use of pesticides and qui ck release synt hetic fertilizers and follow the principles of integrated pest management (IPM). Check with the local jurisdiction for any local policies regarding the use of pesticides and fertilizers. • Remove sediment from the forebay when the sediment le vel reaches the level shown on the fixed vertical sediment marker.
• Remove accumulated sediment and regrade about every 10 years or when the accumulated sediment volume exceeds 10 % of the basin volume. • Storm drain clean out structures and pipe layout can be found in Ap pendix D. Storm drain facilities should be cleaned out once a year.

83 Item # C6.
755 E Calaveras,
Milpitas, CA 95035
Page | 3 Stormwater O&M Plan

Table 1
Routine Maintenance Activities for Bioretention Areas
No. Maintenance Task Frequency of Task
1 Remove obstructions, debris and trash from bioretention area and dispose of properly.

Monthly, or as needed after storm
events
2 Inspect bioretention area to ensure that it drains between storms and within five days after rainfall. If ponded water does not drain within five days, check if drains are clogged or consider removing the surface biotreatment soil and replacing with the approved soil mix and replant
Monthly, or as needed after storm
events
3 Inspect inlets for channels, soil exposure or other evidence of erosion. Clear obstructions and remove sediment.

Monthly, or as needed after storm
events
4 Remove and replace all dead and diseased vegetation. Twice a year 5 Maintain vegetation and the irrigation system. Prune and weed to keep bioretention area neat and orderly in appearance.

Before wet season begins, or as
needed
6 Inspect and, if needed, add mulch before the wet season begins. It is recommended that composted arbor mulch be applied once a year to maintain a 3” depth of mulch over all bare soil areas except within six inches of tree trunks.

Before wet season begins, or as
needed
7 Inspect bioretention area using the attached inspection checklist. Monthly, or after large storm events, and after removal of accumulated
debris or material

II. Prohibitions

Do not use pesticides or other chemical applications to treat disease d plants, control weeds or removed unwanted growth. Employ non -chemical controls (biological, physical and cultural controls) to treat a pest problem. Prune plants properly and at the appropriate time of year.

Provide adequate irrigation for landscape plants. Do not over water.

III. Mosquito Abatement
Standing water should not remain in the treatment measures for more than five days, to prevent mosquito generation. Should any mosquito issues arise, contact the Santa Clara County Vector Control District (SCCVCD) , as needed for assistance. Mosquito larvicides should be applied only when absolutely necessary, as indicated by the SCCVCD, and then only by a licensed professional or contractor. Contact information for SCCVCD is provided below.

Santa Clara County Vector Control District
1580 Berger Drive
San Jose, CA 95112
PH:(408) 918-4770

IV. Inspections

The attached Bioretention Area Inspection and Maintenance Checklist should be used to conduct inspections monthly (or as needed), identify needed maintenance, and rec ord maintenance that is conducted.

84 Item # C6.
85 Item # C6.

APPENDIX G
Annual Reporting Tables

86 Item # C6.
755 E Calaveras,
Milpitas, CA 95035

Page | 5 Stormwater O&M Plan
Stormwater Treatment Measures Operation and Maintenance Annual Reporting Tables Chick-fil-A FSR #04483
City of Milpitas, California
This report and attached Inspection and Maintenance Checklists document the inspection and maintenance conducted for the identified stormwater treatment measure(s) subject to the Maintenance Agreement between the City and the property owner during t he annual reporting period indicated below.

I. Property Information:

Property Address or APN: 02812013
Property Owner: Chick-fil-A; Attn: Keith Gilbert

II. Contact Information:

Name of person to contact regarding this report:

Phone number of contact person: Keith Gilbert Email:

Address to which correspondence regarding this report should be directed:
15635 Alton Parkway, Suite 350,
Irvine, CA 92618

III. Reporting Period:

This report, with the attached completed inspection checklists, documents the inspections and maintenance of the identified treatment measures during the time period from to .

IV. Stormwater Treatment Measure Information:

The following stormwater treatment measures (identified treatment measures) are located on the property identified above and are subject to the Maintenance Agreement:

Identifying Type of Treatment Measure Location of Treatment Measure on the Number of Property
Treatment
Measure
BMP #1 Bioretention Northeast property corner
BMP #2 Bioretention Center of parking lot

87 Item # C6.
755 E Calaveras,
Milpitas, CA 95035

Page | 6 Stormwater O&M Plan
V. Summary of Inspections and Maintenance:

Summarize the following information using the attached Inspection and Maintenance Checklists:

Identifying
Number of
Treatment
Measure
Date of
Inspection
Operation and Maintenance Activities
Performed and Date(s) Conducted
Additional
Comments
BMP #1
BMP #2

VI. Sediment Removal:

Total amount of accumulated sediment removed from the stormwater treatment measure(s) during the reporting period: cubic yards.

How was sediment disposed?
A. landfill
B. other location on-site as described in and allowed by the maintenance plan C. other, explain

VII. Inspector Information:

The inspections documented in the attached Inspection and Maintenance Checklists were conducted by the following inspector(s):

Inspector Name and Title Inspector’s Employer and Address

88 Item # C6.
89 Item # C6.

APPENDIX H
Stormwater Treatment Facilities Inspection & Maintenance Log

90 Item # C6.
755 E Calaveras,
Milpitas, CA 95035

Bioretention Area Inspection and Maintenance Checklist

Property Address: 755 E Calaveras, Milpitas, CA 95035 Property Owner: Chick-fil-A, Attn: Keith Gilbert

Treatment Measure No.: BMP #1 Date of Inspection: Type of Inspection: Monthly Pre-Wet Season After heavy runoff End of Wet Season
Inspector(s): Other:

Defect Conditions When Maintenance Is
Needed
Maintenance
Needed? (Y/N)
Comments (Describe maintenance completed
and if needed maintenance was not conducted,
note when it will be done)
Results Expected When Maintenance
Is Performed

1. Standing Water When water stands in the bioretention area between storms and does not
drain within five days after rainfall.

There should be no areas of standing
water once inflow has ceased. Any of
the following may apply: sediment or
trash blockages removed, improved
grade from head to foot of
bioretention area, or added
underdrains.

2. Trash and Debris
Accumulation
Trash and debris accumulated in the
bioretention area.

Trash and debris removed from
bioretention area and disposed of
properly.

3. Sediment Evidence of sedimentation in
bioretention area.

Material removed so that there is no
clogging or blockage. Material is
disposed of properly.

4. Erosion Channels have formed around inlets,
there are areas of bare soil, and/or
other evidence of erosion.

Obstructions and sediment removed
so that water flows freely and
disperses over a wide area.

Obstructions and sediment are
disposed of properly.

5. Vegetation Vegetation is dead, diseased and/or
overgrown.

Vegetation is healthy and attractive in
appearance.

6. Mulch Mulch is missing or patchy in
appearance. Areas of bare earth are
exposed, or mulch layer is less than 3
inches in depth.

All bare earth is covered, except
mulch is kept 6 inches away from
trunks of trees and shrubs. Mulch is
even in appearance, at a depth of 3
inches.

7. Miscellaneous Any condition not covered above that
needs attention in order for the
bioretention area to function as
designed.

Meet the design specifications.

91 Item # C6.
755 E Calaveras,
Milpitas, CA 95035

Bioretention Area Inspection and Maintenance Checklist

Property Address: 755 E Calaveras, Milpitas, CA 95035 Property Owner: Chick-fil-A, Attn: Keith Gilbert

Treatment Measure No.: BMP #2 Date of Inspection: Type of Inspection: Monthly Pre-Wet Season After heavy runoff End of Wet Season
Inspector(s): Other:

1. Standing Water When water stands in the bioretention area between storms and does not
drain within five days after rainfall.

2. Trash and Debris
Accumulation
Trash and debris accumulated in the
bioretention area.

Trash and debris removed from
bioretention area and disposed of
properly.

3. Sediment Evidence of sedimentation in
bioretention area.

Material removed so that there is no
clogging or blockage. Material is
disposed of properly.

4. Erosion Channels have formed around inlets,
there are areas of bare soil, and/or
other evidence of erosion.

Obstructions and sediment removed
so that water flows freely and
disperses over a wide area.

Obstructions and sediment are
disposed of properly.

5. Vegetation Vegetation is dead, diseased and/or
overgrown.

Vegetation is healthy and attractive in
appearance.

6. Mulch Mulch is missing or patchy in
appearance. Areas of bare earth are
exposed, or mulch layer is less than 3
inches in depth.

All bare earth is covered, except
mulch is kept 6 inches away from
trunks of trees and shrubs. Mulch is
even in appearance, at a depth of 3
inches.

7. Miscellaneous Any condition not covered above that
needs attention in order for the
bioretention area to function as
designed.

Meet the design specifications.

92 Item # C6.

APPENDIX B
Geotechnical Investigation

93 Item # C6.

RED
Geotechnical Engineering
Exploration and Analysis
Proposed Chick-fil-A Restaurant #4483
Calaveras and Hillview FSU
755 East Calaveras Boulevard
Milpitas, California
Prepared for:

Chick-fil-A, Inc.

Irvine, California
Prepared by:

Giles Engineering Associates, Inc.

September 4, 2020
Project No. 2G-1904001-R
94 Item # C6.
95 Item # C6.
_________________________________________________________________________ GILES ENGINEERING ASSOCIATES, INC.

TABLE OF CONTENTS

GEOTECHNICAL ENGINEERING EXPLORATION AND ANALYSIS
PROPOSED CHICK-FIL-A RESTAURANT #4483

CALAVERAS AND HILLVIEW FSU
755 EAST CALAVERAS BOULEVARD

MILPITAS, CALIFORNIA
PROJECT NO. 2G-1904001
Description Page No.

1.0 EXECUTIVE SUMMARY OUTLINE ................................................................................ 1

2.0 SCOPE OF SERVICES .................................................................................................. 3

3.0 SITES AND PROJECT DESCRIPTION .......................................................................... 3

3.1 Site Description ................................................................................................... 3

3.2 Proposed Project Description .............................................................................. 4

4.0 SUBSURFACE EXPLORATION .................................................................................... 4

4.1 Subsurface Exploration ....................................................................................... 4

4.2 Subsurface Conditions ........................................................................................ 5

4.3 Percolation Testing ............................................................................................. 6

5.0 LABORATORY TESTING ............................................................................................... 7

6.0 GEOLOGIC AND SEISMIC HAZARDS .......................................................................... 8

6.1 Active Fault Zones .............................................................................................. 8

6.2 Seismic Hazard Zones ........................................................................................ 9

7.0 CONCLUSIONS AND RECOMMENDATIONS ............................................................... 9

7.1 Seismic Design Considerations .......................................................................... 10

7.2 Site Development Recommendations ................................................................ 12

7.3 Construction Considerations .............................................................................. 15

7.4 Foundation Recommendations .......................................................................... 15

7.5 Floor Slab Recommendations ............................................................................ 17

7.6 New Pavement .................................................................................................. 18

7.7 Recommended Construction Materials Testing Services ................................... 20

7.8 Basis of Report .................................................................................................. 20

APPENDICES
Appendix A – Figures (2), Boring Logs (5) and Liquefaction Analysis Appendix B – Field Procedures
Appendix C – Laboratory Testing and Classification
Appendix D – General Information ( Modified Guideline Specifications) and Important Information About Your Geotechnical Report
96 Item # C6.
_________________________________________________________________________ GILES ENGINEERING ASSOCIATES, INC.

GEOTECHNICAL ENGINEERING EXPLORATION AND ANALYSIS
PROPOSED CHICK-FIL-A RESTAURANT #4483

CALAVERAS AND HILLVIEW FSU
755 EAST CALAVERAS BOULEVARD

MILPITAS, CALIFORNIA
PROJECT NO. 2G-1904001-R

1.0 EXECUTIVE SUMMARY OUTLINE
The executive summary is provided solely for purposes of overview. Any party who relies on this report must read the full report. The executive summary omits a number of details, any one of which could be crucial to the proper application of this report.

Subsurface Conditions
Site Class designation D is recommended for seismic design considerations.

Existing pavement encountered within our test borings consisted of approximately 6 ½ to 7 inches of asphaltic concrete over 3 inches of aggregate base materials.

Possible native and native soils encountered underneath the pavement generally consisted of damp to wet, firm to hard silty clay, and medium dense fine to medium sand and clayey sand. The presence of fill at the site was not distinctly identified in our test borings due to the onsite soils relatively homogenous composition but could be at depths of about 2 feet below existing ground surface and deeper in areas of below ground structures.

Groundwater was encountered at a depth of about 11 feet below existing grade during our subsurface exploration.

Tested onsite soils generally possess a low to medium expansion potential.

Tested on-site soils have moderate corrosive potential when in contact with ferrous materials.

Site Development
The proposed site development will include the construction of a new Chick-fil-A single-story building and site improvements that will include drive-thru lane, new parking stalls, menu board signs, a new trash enclosure, new concrete walkways, and new planter areas.

Demolition of the existing building should include removal of all foundations, floor slabs and any other below grade construction. Soils disturbed by the demolition operations should be removed and stockpiled for future use.

Due to the presence of variable strength and low to medium expansive characteristics of the near surface onsite soils and the likely disturbance of the soils during removal of existing building, it is recommended that the soils within the proposed new building area and an appropriate distance beyond (5 feet minimum) be overexcavated to a depth of at least 2 feet below existing grade or planned pad grade, and at least 1 foot below the bottom of foundations and floor slab whichever is lower in elevation. The soils exposed at the base of this recommended over-excavation should be examined by the geotechnical engineer to document that the soils are suitable for building support. Depending on examination by the geotechnical engineer, deeper removals may be warranted. Prior to placement of fill, the exposed surfaces approved for fill placement should first be scarified to a depth of at least 10 inches, water conditioned or air dried as required to about 2 to 4 percent above the optimum moisture content and then recompacted to at least 90% of the maximum dry density as determined by Modified Proctor (ASTM D 1557-00).

Percolation tests indicated that the site is not suitable for infiltration. 97 Item # C6.

Geotechnical Engineering Exploration and Analysis
Proposed Chick-fil-A Restaurant #4483
755 East Calaveras Boulevard
Milpitas, California
Project No. 2G-1904001-R

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_________________________________________________________________________ GILES ENGINEERING ASSOCIATES, INC.

Building Foundation
The proposed structures may be supported by a shallow spread footing foundation system supported on structural compacted fill designed for a maximum, net allowable soil bearing pressure of 3,000 pounds per square foot (psf).

Minimum reinforcing in the strip footings is recommended to consist of four No. 5 bars (2 top and 2 bottom).

Building Floor Slab
It is recommended that on grade slab be a minimum 4 inch thick slab-on-grade or turned- down slab, supported on a properly prepared subgrade.

A minimum 10-mil vapor retarder is recommended to be directly below the floor slab or base course where required to protect moisture sensitive floor coverings.

Minimum slab reinforcing is recommended to consist of No. 3 rebars spaced at 18 inches on center, each way.

New Pavement
Asphalt Pavements: 3 inches of asphaltic concrete underlain by 6 or 9 inches of base course in parking stalls and drive lane areas, respectively.

Portland Cement Concrete: 6 inches in thickness underlain by 4 inches of base course in high stress areas such as entrance/exit aprons, trash enclosure-loading zone, and the drive through area.

RED – This site has been given a Red designation due to increased costs associated with building pad preparation as well as the presence of damp to very moist and low to medium expansive near surface on-site soils that may result in additional subgrade preparation costs 98 Item # C6.

Geotechnical Engineering Exploration and Analysis
Proposed Chick-fil-A Restaurant #4483
755 East Calaveras Boulevard
Milpitas, California
Project No. 2G-1904001-R

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_________________________________________________________________________ GILES ENGINEERING ASSOCIATES, INC.

2.0 SCOPE OF SERVICES
This report provides the results of the Geotechnical Engineering Exploration and Analysis that Giles Engineering Associates, Inc. (“Giles”) conducted regarding the proposed development.

The Geotechnical Engineering Exploration and Analysis included several separate, but related, service areas referenced hereafter as the Geotechnical Subsurface Exploration Program, Geotechnical Laboratory Services, and Geotechnical Engineering Services. The scope of each service area was narrow and limited, as directed by our client and in consideration of the proposed project. The scope of each service area is briefly explained in this report. The scope of work performed for this report was consistent with the scope of work outlined within Proposal No. 2GEP-1903026.

Geotechnical-related recommendations for design and construction of the foundation and ground-bearing floor slab for the proposed building are provided in this report. Geotechnical- related recommendations are also provided for the proposed parking lot improvement. Site preparation recommendations are also given; however, those recommendations are only preliminary since the means and methods of site preparation will depend on factors that were unknown when this report was prepared. Those factors include the weather before and during construction, the water table at the time of construction, subsurface conditions that are exposed during construction, and finalized details of the proposed development.

Giles conducted a Phase I Environmental Site Assessment (ESA) for the subject site. The results of that assessment were provided under separate cover.

3.0 SITES AND PROJECT DESCRIPTION

3.1 Site Description
A new Chick-fil-A restaurant is to be constructed at 755 East Calaveras Boulevard in the City of Milpitas, California. The subject site is currently developed with a single-story building occupied by two tenants, Jenny Craig and Big 5 Sporting Goods, with associated parking lot. The site is bordered on the south by East Calaveras Boulevard, on the west by a parking lot, on the north by a parking lot and large commercial building, and on the east by North Hillview Drive.

The existing parking lot within the site is considered to be in fair condition. The property is situated at approximately latitude 37.4339o North and longitude -121.8939o West.

Other existing improvements include concrete curb and gutter, concrete walkways, landscape areas and underground utilities.

Based upon a review of the ALTA/NSPS land title survey prepared by PBLA Surveying, elevations at the site range from El. 25 feet along the northern property boundary to El. 28 feet along the southern property boundary. The site slopes slightly to the northwest. 99 Item # C6.

Geotechnical Engineering Exploration and Analysis
Proposed Chick-fil-A Restaurant #4483
755 East Calaveras Boulevard
Milpitas, California
Project No. 2G-1904001-R

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_________________________________________________________________________ GILES ENGINEERING ASSOCIATES, INC.

3.2 Proposed Project Description
The proposed development includes the demolition of the existing building for the construction of a new, single-story Chick-fil-A restaurant building to be located partially within the existing building footprint. Although detailed building plans are not yet ready for our review, the new building will be a single-story wood-frame structure, 4,833 square feet, with no basement or underground levels. We were not provided with specific loading information for this project at the time of this report; however, based on previous Chick-fil-A projects, we expect maximum combined dead and live loads supported by the bearing walls and columns of 2 to 3 kips per lineal foot (klf) and 40 to 50 kips, respectively. The live load supported by the floor slab is expected to be a maximum of 100 pounds per square foot (psf).

Other planned improvements include a drive-thru lane, new parking stalls, menu board signs, a new trash enclosure, new concrete walkways, and new planter areas.

According to the Preliminary Conceptual Grading Plan, prepared by Kimley-Horn & Associates, dated August 7, 2019, the planned finish floor elevation for the proposed building will be at El.

27.36 feet. Therefore, site grading will consist of minor cut and fill (less than 1 foot) in order to establish the necessary site grade to accommodate the planned floor elevation exclusive of site preparation or over-excavation requirements necessary to create a stable site suited for the proposed development.

The traffic loading on the proposed parking lot improvement is understood to predominantly consist of automobiles with occasional heavy trucks resulting from deliveries and trash removal.

The parking lot pavement sections have been designed on the basis of daily traffic intensity equivalent to five 18-kip single axle loads and 1,500 automobiles within the main drive lanes and only automobiles of a lesser intensity within the parking stalls. Pavement designs are based on a 20-year design period. Therefore, the parking lot pavement sections have been designed on the basis of a Traffic Index (TI) of 4.5 for the automobile traffic parking stalls (light duty) and a TI of 5.5 for drive lane areas (medium duty).

4.0 SUBSURFACE EXPLORATION

4.1 Subsurface Exploration
Our subsurface exploration consisted of the drilling of five (5) test borings to depths of approximately 5 to 41-½ feet below existing ground surfaces. The approximate test boring locations are shown in the Test Boring Location Plan (Figure 1). The Test Boring Location Plan and Test Boring Logs (Records of Subsurface Exploration) are enclosed in Appendix A. Field and laboratory test procedures and results are enclosed in Appendix B and C, respectively. The terms and symbols used on the Test Boring Logs are defined on the General Notes in Appendix D.
100
Item # C6.

Geotechnical Engineering Exploration and Analysis
Proposed Chick-fil-A Restaurant #4483
755 East Calaveras Boulevard
Milpitas, California
Project No. 2G-1904001-R

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_________________________________________________________________________ GILES ENGINEERING ASSOCIATES, INC.

Our subsurface exploration included the collection of relatively undisturbed samples of subsurface soil materials for laboratory testing purposes in accordance with ASTM D 3550, Standard Practice for Thick Wall, Ring-Lined, Split Barrel, Drive Sampling of Soils. Bulk samples consisted of composite soil materials obtained at selected depth intervals from the borings. The sampler was driven with successive 30-inch drops of a hydraulically operated, 140-pound automatic trip hammer. Blow counts for each 6-inch driving increment were recorded on the field exploration logs with the number of blows required to drive the standard split-spoon sampler for the last 12 of the 18 inches reported. The central portions of the driven core samples were placed in sealed containers and transported to our laboratory for testing.

Where deemed appropriate, standard split-spoon tests (SS), also called Standard Penetration Test (SPT), were also performed at selected depth intervals in accordance with the American Society for Testing Materials (ASTM) Standard Procedure D 1586. This method consists of mechanically driving an unlined standard split-barrel sampler 18 inches into the soil with successive 30-inch drops of the 140-pound automatic trip hammer. Blow counts for each 6-inch driving increment were recorded on the exploration logs. The number of blows required to drive the standard split-spoon sampler for the last 12 of the 18 inches was identified as the uncorrected standard penetration resistance (N). Disturbed soil samples from the unlined standard split-spoon samplers were placed in plastic bags and transported to our laboratory for testing.

4.2 Subsurface Conditions
The subsurface conditions as subsequently described have been simplified somewhat for ease of report interpretation. A more detailed description of the subsurface conditions at the test boring locations is provided by the logs of the test borings enclosed in Appendix B of this report.

Pavement
Existing pavement encountered within our test borings consisted of approximately 6 ½ to 7 inches of asphaltic concrete over 3 inches of aggregate base materials. Based on our visual observation, the existing pavement is in fair condition.

Soil
Possible native and native soils encountered underneath the pavement generally consisted of dry to wet, firm to hard silty clay, and medium dense fine to medium sand and clayey sand. The presence of fill at the site was not distinctly identified in our test borings due to the onsite soils relatively homogenous composition but could be at depths of about 2 feet below existing ground surface and deeper in areas of below ground structures. 101
Item # C6.

Geotechnical Engineering Exploration and Analysis
Proposed Chick-fil-A Restaurant #4483
755 East Calaveras Boulevard
Milpitas, California
Project No. 2G-1904001-R

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_________________________________________________________________________ GILES ENGINEERING ASSOCIATES, INC.

Groundwater
Groundwater was encountered at a depth of about 11 feet below existing grade during our subsurface exploration. However, fluctuations of the groundwater table, localized zones of perched water, and rise in soil moisture content should be anticipated during and after the rainy season. Irrigation of landscape areas on or adjacent to the site could also cause fluctuations of local or shallow perched groundwater levels.

4.3 Percolation Testing
It is our understanding that an on-site below grade storm water infiltration system is being considered for the subject site. Therefore, one percolation test was performed to assess the infiltration characteristics of the site soils in accordance with infiltration test methods performed in general accordance with USBR 7300-89.

The percolation testing consisted of drilling a four (4) inch diameter hole using a solid-stem auger, installing a 2-inch-diameter slotted pvc casing with a solid end cap and then surrounding the casing with a granular filter pack. Clean sand was used as the filter pack. The test hole (B-1) was then pre-soaked. After pre-soaking, test water was added to the casing to a minimum depth of 1 foot above the bottom of the casing. After pre-soaking, test water was added to the casing and refilled after each consecutive percolation test reading. The drop in water level over time is the pre-adjusted percolation rate at the test location. The pre-adjusted percolation rate is generally reduced to account for the discharge of water from both the sides and bottom of the boring. The formula below was used to calculate for the tested infiltration rate.

Infiltration Rate = Pre-adjusted Percolation Rate divided by Reduction Factor Where the reduction factor (Rf) is given by:

Rf = (2di -
With: di = initial water depth (in.)
Dia = diameter of the boring (in.)
The results obtained from our percolation testing are summarized below.

TABLE 1 – PERCOLATION TEST RESULTS
Test Hole Test Depth1
(feet)
Pre-Adjusted
Percolation Rate
(in/hr)
Infiltration Rate
(in/hr) Soil Type
B-1 5.0 0 0 Silty Clay
1) Depth is referenced to the existing surface grade at the test location. 102
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It should be noted that the infiltration rate of the on-site soils represents a specific area and depth tested and may fluctuate throughout other parts of the site.

5.0 LABORATORY TESTING
Several laboratory tests were performed on selected samples considered representative of those encountered in order to evaluate the engineering properties of the on-site soils. The following are brief description of our laboratory test results.

In Situ Moisture and Density
Tests were performed on select samples from the test borings to determine the subsoils dry density and natural moisture contents in accordance with Test Method ASTM 2216-05. The results of these tests are included in the Test Boring Logs enclosed in Appendix A.

Expansive Potential
To evaluate the expansive potential of the near surface soils encountered during our subsurface exploration, 2 composite samples (clayey sand, and silty clay) collected from Test Boring B-4 and B-5 (1 to 5 feet) were both subjected to Expansive Index (EI) testing in accordance with Test Method ASTM D 4829-08a. The results of our expansion index (EI) test indicates that the near surface clayey sand sample has a low expansion potential (EI= 22), with the silty clay sample resulting in a medium expansion index (EI = 80).

Atterberg Limits
The Atterberg Limits (liquid limit, plastic limit and plasticity index) were determined for a representative sample of the on-site soils collected from Test Boring B-4 in accordance with Test Method ASTM D 4318-00. The result of the Atterberg Limits is included on the Boring Logs enclosed in Appendix A.

Consolidation Test
Settlement predictions under anticipated loads were made on the basis of a one-dimensional consolidation test. This test was performed in general conformance with Test Method ASTM D 2435. The test sample was inundated in order to evaluate the sudden increase in moisture condition (collapse/swell potential). Results of this test indicated that the tested sample has a slight swell potential (0.5%). The results of the consolidation test are graphically presented as Figure 2 in Appendix A.
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Soluble Sulfate Analysis and Soil Corrosivity
A representative sample of the near surface soils which may contact shallow buried utilities and structural concrete was performed to determine the corrosion potential for buried ferrous metal conduits and the concentrations present of water soluble sulfate which could result in chemical attack of cement. The following table presents the results of our laboratory testing.

Parameter B-4/B-5
1 to 5 feet
pH 7.65
Chloride 33 ppm
Sulfate 0.032%
Resistivity 3,300 ohm-cm
The chloride content of near-surface soils was determined for a selected sample in accordance with California Test Method No. 422. The results of this test indicated that tested on-site soils have a Low exposure to chloride.

The results of limited testing of soil pH and minimum resistivity were determined in accordance with California Test Method No. 643. The test results for pH indicated the tested soil was slightly alkaline. The results from the minimum resistivity test on a near surface bulk sample from the site generally indicate that the tested on-site soils have a moderate corrosive potential when in contact with ferrous materials. Therefore, special protection for underground cast iron pipe or ductile pipe may be warranted depending on the actual materials in contact with the pipe. We recommend that a corrosion engineer review these results in order to provide specific recommendations for corrosion protection as well as appropriate recommendations for other types of buried metal structures.

A representative sample of the near surface soils which may contact shallow buried utilities and structural concrete was performed to determine the concentrations present of water soluble sulfate which could result in chemical attack of cement. Our laboratory test data indicated that near surface soils contain approximately 0.032 percent of water soluble sulfates. Based on Section 1904.1 of the 2019 California Building Code (CBC), concrete that may be exposed to sulfate containing soils shall comply with the provisions of ACI 318-11, Section 4.3. Therefore, according to Table 4.3.1 of the ACI 318-11 a negligible exposure to sulfate can be expected for concrete placed in contact with the tested on-site soils. No special sulfate resistant cement is considered necessary for concrete which will be in contact with the tested on-site soils.

6.0 GEOLOGIC AND SEISMIC HAZARDS

6.1 Active Fault Zones
Research of available maps published by the California Geological Survey (CGS) indicates that the subject site is not located within an Alquist-Priolo Earthquake Fault Zone. The potential for fault rupture through the site is, therefore, considered to be low. The site may however be subject to strong groundshaking during seismic activity. 104
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6.2 Seismic Hazard Zones
According to the Seismic Hazard Zone report for the Milpitas Quadrangle published by the CGS, the site is located within a liquefaction hazard zone. Additionally, as noted within the Seismic Hazard Zone Report, the historic high groundwater is anticipated to be about 8 feet below grade. Therefore, liquefaction analysis is deemed necessary for this site.

General types of ground failures that might occur as a consequence of severe ground shaking typically include landsliding, ground subsidence, ground lurching and shallow ground rupture.

The probability of occurrence of each type of ground failure depends on the severity of the earthquake, distance from faults, topography, subsoils and groundwater conditions, in addition to other factors. Based on our subsurface exploration and the seismic designation for this site, all of the above effects of seismic activity are considered unlikely at the site.

7.0 CONCLUSIONS AND RECOMMENDATIONS
Conditions resulting from the proposed development have been evaluated on the basis of the assumed floor elevation and engineering characteristics of the subsurface materials encountered during our subsurface investigation and their anticipated behavior both during and after construction. Conclusions and recommendations presented for the design of foundations and floor slab, along with site preparation recommendations and construction considerations are discussed in the following sections of this report.

From a soils engineering point of view, the subject property is considered geotechnically suitable for the proposed new improvements provided the following recommendations are incorporated in the design and construction of the project.

We recommend that Giles Engineering Associates, Inc. be involved in the review of the grading and foundation plans for the site to ensure our recommendations are interpreted correctly.

Based on the results of our review, modifications to our recommendations or the plans may be warranted.

Effect of Proposed Grading and Construction on Adjacent Property It is our opinion that the proposed construction and grading will be safe against geotechnical hazards from landslides, settlement, or slippage and the proposed work will not adversely affect the geologic stability of the adjacent property provided grading and construction are performed in compliance with the city code and in accordance with the recommendations presented herein. 105
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7.1 Seismic Design Considerations
Faulting/Seismic Design Parameters
Research of available maps published by the California Geological Survey (CGS) indicates that the subject site is not located within an Alquist-Priolo Earthquake Fault Zone. The potential for fault rupture through the site is, therefore, considered to be low. The site may however be subject to strong groundshaking during seismic activity. The proposed structure should be designed in accordance with the current version of the California Building Code (CBC) and applicable local codes. In accordance with ASCE 7 , Chapter 20, a Site Classification D is recommended for this site based upon the mapped geological features of the site also verified by test borings.

According to the maps of known active fault near-source zones (ICBO, 1998) to be used with the CBC, the Hayward-Rodgers Creek and Calaveras faults are the closest known active faults and are located about 2.74 mi and 4.74 mi, respectively, from the site. The Hayward-Rodgers Creek fault would probably generate the most severe site ground motions at the site with an anticipated maximum moment magnitude (Mw) of 7.33.

The proposed structure should be designed in accordance with the current version of the California Building Code (CBC) , Minimum Design Loads and Associated Criteria for Buildings and Other Structures ASCE 7, and applicable local codes. The following values are determined by using the SEAOC/OSHPD Seismic Design Map Tool based upon the CBC 2019 and ASCE 7-16.

CBC 2019, Earthquake Loads
Site Class Definition (Table 20.3-1) D
Mapped Spectral Response Acceleration Parameter, Ss (for 0.2 second) 2.147 Mapped Spectral Response Acceleration Parameter, S1 (for 1.0 second) 0.829 Site Coefficient, Fa short period 1.0
Site Coefficient, Fv 1-second period 1.7
Adjusted Maximum Considered Earthquake Spectral Response Acceleration Parameter, SMS 2.147 Adjusted Maximum Considered Earthquake Spectral Response Acceleration Parameter, SM1 1.409 Design Spectral Response Acceleration Parameter, SDS 1.431 Design Spectral Response Acceleration Parameter, SD1 0.939 According to Section 11.4.7 of ASCE 7-16, a ground motion hazard analysis is required and should be performed in accordance with Section 21.2 for structures on Site Class D with S 1 greater than or equal to 0.2. However, as an exception to performing the ground motion hazard analysis, the value of the Seismic Response Coefficient (Cs) must be determined by Equation 106
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(12.8-2) for values of the
the value computed in accordance with either Equation (12.8-3) for T L (12.8-4) for T > TL.

Liquefaction
Our review of the Seismic Hazard Zone Report for the Milpitas Quadrangle indicates that the site is located within a liquefaction hazard zone. In addition, the depth to historic high groundwater is reported to be approximately 8 feet below grade. Accordingly, a detailed liquefaction analysis was deemed appropriate and was performed.

A liquefaction analysis was performed, utilizing the computer software program LiquefyPro and based on the 2019 CBC and California Geological Survey Special Publication 117A (SP117A).

For this analysis we used the soil profile identified with Test Boring B-4, a site acceleration PGAM of 0.993g as obtained from the USGS web site and determined from ASCE7-16, and an earthquake event of 6.67 as obtained from the USGS deaggregation website.

The on-site fine grained soils (clay) were evaluated to determine susceptibility to liquefaction during ground shaking in accordance with the criteria outlined within SP117A. Soils considered to be potentially susceptible to undergo seismically induced deformation during liquefaction are classified in the following manner:

1. Plastic Index (PI) < 12 and moisture content greater than 85 percent of the Liquid Limit

2. Sensitive soils with PI > 18.

3. All very loose to medium dense granular soils.

The clayey soils obtained during our subsurface exploration were tested per the CGS Special Publication 117A guidelines. Our laboratory results showed that the on-site fine grained soils have Plastic Index (PI) of about 12 and greater, and the in-place moisture contents are less than 85 percent of the liquid limit. The soils obtained during our subsurface exploration, which were considered to possibly undergo seismically induced deformation, were tested for CGS Special Publication 117A guidelines with results in the table below. Fine grained soils with PI > 18 were tested for sensitivity per ASTM D 2166-06 and were determined non-sensitive and therefore non-liquefiable.

Test Boring No. &
Depth
Liquid Limit (LL) Plastic Index (PI) In-situ Moisture Wc/LL B-4 @ 10 ft. 2 35 20 19 0.54
B-4 @ 15 ft. 2 30 16 23 0.77
B-4 @ 25 ft. 2 27 16 19 0.70
B-4 @ 30 ft. 2 35 19 21 0.60
B-4 @ 35 ft. 2 44 29 18 0.41
1Potentially liquefiable
2Non-liquefiable.
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A liquefaction analysis was performed, utilizing the computer software program LiquefyPro (version 5) and based on the 2019 CBC. Based on our analysis and under the current site conditions (with a water table of 11 feet encountered during our subsurface exploration), we estimate that the maximum total seismic-induced ground settlement at the site would be approximately 0.13 inches during the design level earthquake. Based on the results of our analysis, it is our opinion that liquefaction potential at the site is very low and not significant for the proposed development. The computer output files for the analysis are provided within Appendix A (A-1).

7.2 Site Development Recommendations
The recommendations for site development as subsequently described are based upon the conditions encountered at the test boring locations and the results of our laboratory testing and liquefaction analysis. Moist to wet soil conditions, as well as low to medium expansive on-site clay, were encountered within the near surface on-site soils during our subsurface investigation.

It is expected that similar conditions are likely to be encountered during grading operations.

Grading operations may require significant provisions for drying of soils prior to compaction. In addition, due to the presence of damp to very moist, clayey on-site soils at the proposed remedial grading depths, the loads imposed by heavy rubber-tired equipment during grading may induce localized pumping of the subgrade that would require stabilization. Grading contractor should therefore include contingencies for air-drying of excessively moist soil, as well as the stabilization of excavation bottoms in their bids. Imported granular soils or lime treatment may be required for excavation stabilization of replacement of on-site soils if on-site soils cannot be air-dried on site due to space, time constraints, or weather.

Site Clearing and Demolition
Clearing and demolition operations should include the removal of all landscape vegetation and existing structural features such as building footings and floor slab, asphaltic concrete pavement and concrete curbs within the area of the proposed new building and site improvements.

Existing pavement within areas of proposed development should be removed or processed to a maximum 3-inch size and stockpiled for use as compacted fill or stabilizing material for the new development. Processed asphalt may be used as fill, sub-base course material, or subgrade stabilization material beyond the building perimeter. Processed concrete or existing base may be used as fill, sub-base course material, or subgrade stabilization material both within and outside of the building perimeter. Due to the moisture sensitivity and variable support characteristics of the on-site soils, the pavement is recommended to remain in-place as long as possible to help protect the subgrade from construction traffic disturbance.

Should any unusual soil conditions or subsurface structures be encountered during clearing/demolition operations or during grading, they should be brought to the immediate attention of the project geotechnical consultant for corrective recommendations. 108
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Existing Utilities
All existing utilities should be located. Utilities that are not reused should be capped off and removed or properly abandoned in-place in accordance with city codes and ordinances. The excavations made for removed utilities that are in the influence zone of new construction are recommended to be backfilled with structural compacted fill. Underground utilities, which are to be reused or abandoned in-place, are recommended to be evaluated by the structural engineer and utility backfill is recommended to be evaluated by the geotechnical engineer, to determine their potential effect on the new development. If any existing utilities are to be preserved, construction operations must be carefully performed so as not to disturb or damage the existing utility.

Building Area
Due to the presence of variable strength and low to medium expansive characteristics of the near surface onsite soils and the likely disturbance of the soils during removal of existing building, it is recommended that the soils within the proposed new building area and an appropriate distance beyond (5 feet minimum) be overexcavated to a depth of at least 2 feet below existing grade or planned pad grade, and at least 1 foot below the bottom of foundations and floor slab whichever is lower in elevation. The soils exposed at the base of this recommended over-excavation should be examined by the geotechnical engineer to document that the soils are suitable for building support. Depending on examination by the geotechnical engineer, deeper removals may be warranted. Prior to placement of fill, the exposed surfaces approved for fill placement should first be scarified to a depth of at least 10 inches, water conditioned or air dried as required to about 2 to 4 percent above the optimum moisture content and then recompacted to at least 90% of the maximum dry density as determined by Modified Proctor (ASTM D 1557-00). A representative of the project geotechnical consultant should be present on site during grading operations to verify proper placement and adequate compaction of all fills.

Positive drainage devices such as sloped concrete flatwork, earth swales, and sheet flow gradients in landscape, setback, and easement areas should be designed for the site. The drainage system should drain to a suitable discharge area. The purpose of this drainage system is to reduce water infiltration into the subgrade soils and to direct water away from buildings and site improvements.

All utility trench backfill should be placed in lifts no greater than 12 inches in thickness, moisture conditioned and then compacted to a minimum of 90 percent of the soil’s maximum density near the optimum moisture content. A representative of the project geotechnical engineer should observe, probe, and test the backfills to document adequacy of compaction. 109
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Proofroll and Compact Subgrade
The subgrades within the new pavement areas should be proofrolled in the presence of the geotechnical engineer with appropriate rubber-tire mounted heavy construction equipment or a loaded truck to detect very loose/soft yielding soil which should be removed to a stable subgrade. Following proofrolling and completion of any necessary overexcavation, the subgrades should be scarified to a minimum depth of about 12 inches, moisture conditioned and/or air dried to 2 to 4 percent above the soil’s optimum moisture content and recompacted to at least 90 percent of the Modified Proctor (ASTM D1557-00) maximum density. The upper 1 foot of the pavement subgrade should have minimum in-place density of at least 95% of the maximum dry density. The selection, placement and compaction of structural fill should be performed in accordance with the project specifications.

The Guide Specifications included in Appendix D (Modified Proctor) of this report are recommended to be used, at a minimum, as an aid in developing the project specifications. The floor slab subgrade may need to be recompacted prior to slab construction due to weather and equipment traffic effects on the previously compacted soil.

Reuse of On-site Soil
On-site material may be reused as structural
compacted fill (if needed) within the proposed building and pavement area provided they do not contain oversized materials and significant quantities of organic matter or other deleterious materials. Care should be used in controlling the moisture content of the soils to achieve proper compaction for load bearing. All subgrade soil compaction as well as the selection, placement and compaction of new fill soils should be performed in accordance with the project specifications under engineering controlled conditions.

Subgrade Protection
The near surface soils that are expected to comprise the subgrade are sensitive to water and disturbance from construction activities. Unstable soil conditions will develop if the soils are exposed to moisture increases or are disturbed (rutted) by construction traffic. The site should be graded to prevent water from ponding within construction areas and/or flowing into excavations. Accumulated water must be removed immediately along with any unstable soil.

Foundation concrete should be placed and excavations backfilled as soon as possible to protect the bearing grade. The degree of subgrade instability and associated remedial construction is dependent, in part, upon precautions taken by the contractor to protect the subgrade during site development.

Silt fences or other appropriate erosion control devices should be installed in accordance with local, state and federal requirements at the perimeter of the development areas to control sediment from erosion. Since silt fences or other erosion control measures are temporary structures, careful and continuous monitoring and periodic maintenance to remove accumulated soil and/or replacement should be anticipated.
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Fill Placement
All fill should be placed in 8-inch-thick maximum loose lifts, moisture conditioned to 2 to 4 percent above the soil’s optimum moisture content, and then compacted to at least 90 percent of the Modified Proctor maximum density. A representative of the project geotechnical consultant should be present on-site during grading operations to document proper placement and compaction of all fill, as well as to verify compliance with the other geotechnical recommendations presented herein.

Import Structural Fill
Any soils imported to the site (if required) for use as structural fill should consist of very low to medium expansive (EI 1) soils. Materials designated for import should be submitted to the project geotechnical engineer no less than three working days for evaluation. In addition to expansion criteria, soils imported to the site should exhibit adequate shear strength characteristics for the recommended allowable soil bearing pressure, soluble sulfate content and corrosivity and pavement support characteristics.

7.3 Construction Considerations
Construction Dewatering
Groundwater was encountered at a depth of about 11 feet below existing grade during our subsurface exploration. However, fluctuations in the groundwater table and shallower perched water conditions may occur due to seasonal precipitation and runoff characteristics of the site.

Conventional filtered sump pumps placed in excavations are expected to be suitable for dewatering should any excess water conditions be observed.

Soil Excavation
Some slope stability problems may be encountered in steep, unbraced excavations considering the nature of the subsoils. All excavations must be performed in accordance with CAL-OSHA requirements, which is the responsibility of the contractor. Shallow excavations may be adequately sloped for bank stability while deeper excavations or excavations where adequate back sloping cannot be performed may require some form of external support such as shoring or bracing.

7.4 Foundation Recommendations
It is recommended that Giles review the foundation and grading plans for the site and if warranted provide recommendations as deemed appropriate. 111
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After site clearing and completion of the building pad preparation, the proposed structure may be supported by a shallow foundation system. Footings that will support the bearing walls and isolated columns may be designed for a maximum, net, allowable soil-bearing pressure of 3,000 pounds per square foot (psf). Minimum footing widths are recommended to be 18 and 24 inches for walls and columns, respectively, regardless of the calculated soil bearing pressure. The recommended allowable soil bearing pressure may be increased by one-third for short term wind and/or seismic loads.

Reinforcing
The recommended minimum quantity of longitudinal reinforcing within new strip footings is four No. 5 bars (2 top and 2 bottom) continuous through column pads within the strip footings. The recommended quantity of longitudinal reinforcing pertains to a minimum 12-inch thick and a maximum 24-inch wide footing pad; additional reinforcing may be necessary if a thinner or wider footing pad is used to develop equivalent rigidity. Conventional reinforcing is considered suitable in isolated column pad footings. The final design of the foundations as well as performed by the project structural engineer.

Lateral Load Resistance
Lateral load resistance will be developed by a combination of friction acting at the base of foundations and slabs and the passive earth pressure developed by footings below grade.

Passive pressure and friction may be used in combination, without reduction, in determining the total resistance to lateral loads. A one-third increase in the passive pressure value may be used for short duration wind or seismic loads.

A coefficient of friction of 0.35 may be used with dead load forces for footings placed on newly placed compacted fill soil. An allowable passive earth pressure of 250 psf per foot of footing depth (pcf) below the lowest adjacent grade may be used for the sides of footings placed against newly placed structural fill or competent onsite soils. The maximum recommended allowable passive pressure is 2,000 psf.

Bearing Material Criteria
Soil suitable to serve as the foundation bearing grade should exhibit at least a loose relative density (average N value of at least 8) for non-cohesive soils, and an unconfined compressive strength of 1.5 tsf for cohesive soils, for the recommended 3,000 psf allowable soil bearing pressure. For design and construction estimating purposes, suitable bearing soils are expected to be encountered at nominal foundation depths following the recommended site preparation activities. However, field testing by the Geotechnical Engineer within the foundation bearing soils is recommended to document that the foundation support soils possess the minimum strength parameters noted above. If unsuitable bearing soils are encountered, they should be recompacted in-place, if feasible, or excavated to a suitable bearing soil subgrade and to a lateral extent as defined by Item No. 3 of the enclosed Guide Specifications, with the excavation backfilled with structural compacted fill to develop a uniform bearing grade. 112
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Foundation Embedment
The California Building Code (CBC) requires a minimum 12-inch foundation embedment depth.

However, it is recommended that any new exterior foundations extend at least 18 inches below the adjacent exterior grade for bearing capacity consideration. New interior footings may be supported at nominal depth below the floor. All footings must be protected against weather and water damage during and after construction, and must be supported within suitable bearing materials.

Estimated Foundation Movement
Post-construction total and differential settlement of a shallow foundation system designed and constructed in accordance with the recommendations provided in this report are estimated to be less than ¾ and ½ inch, respectively, for static and seismic conditions. The estimated differential movement is anticipated to result in an angular distortion of about 0.002 inches per inch on the basis of a minimum clear span of 20 feet. The maximum estimated total and differential movement is considered within tolerable limits for the proposed structure provided it is considered in the structural design.

7.5 Floor Slab Recommendations
Subgrade
The floor slab subgrade should be prepared in accordance with the appropriate recommendations presented in the Site Development Recommendations section of this report.

Foundation, utility trenches and other below-slab excavations should be backfilled with structural compacted fill in accordance with the project specifications.

Design
The floor of the proposed building may be designed and constructed as a conventional slab-on- grade supported on a properly prepared subgrade. If desired, the floor slab may be poured monolithically with perimeter foundations where the foundations consist of thickened sections thereby using a turned-down slab construction technique. The minimum slab reinforcing for geotechnical considerations is recommended to consist of No. 3 rebars at 18 inches on center, each way. Based on the recommended reinforcing and the assumed live loading, the slab is recommended to be a minimum of 4 inches in thickness. A qualified structural engineer should perform the actual design of the slab to ensure proper thickness and reinforcing.

The slab is recommended to be underlain by a 4-inch thick layer of granular material. A minimum 10-mil synthetic sheet should be placed below the floor slab to serve as a vapor retarder where required to protect moisture sensitive floor coverings (i.e. tile, or carpet, etc.). 113
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The vapor retarder is recommended to be in accordance with ASTM E 1745-11, which is entitled: Standard Specification for Plastic Water Vapor Retarders Used in Contact with Soil or Granular Fill under Concrete Slabs . The sheets of the vapor retarder material should be evaluated for holes and/or punctures prior to placement and the edges overlapped and taped. If materials underlying the synthetic sheet contain sharp, angular particles, a layer of coarse sand (Sand Equivalent>30) approximately 2 inches thick or a geotextile should be provided to protect it from puncture. An additional 2-inch thick layer of coarse sand may be needed between the slab and the vapor retarder to promote proper curing. The sand layers above and below the synthetic sheeting may be used as a substitute for the granular material below the slab. Proper curing techniques are recommended to reduce the potential for shrinkage cracking and slab curling.

Estimated Settlement
Post-construction total and differential movements of the floor slab designed and constructed in accordance with the recommendations provided in this report are estimated to be less than ½ expected when the foundation and floor slab are structurally connected or constructed monolithically. The estimated differential movement is anticipated to occur across the short dimension of the structure. The maximum total and differential movement is considered within tolerable limits for the proposed structure, provided that the structural design adequately considers this distortion.

7.6 New Pavement
The following recommendations for the new pavement are intended for vehicular traffic associated with the restaurant development within the subject property.

Pavement Subgrades
Following completion of the recommended subgrade preparation procedures, the subgrade in areas of new pavement construction are expected to consist of soil that exhibits a low expansion potential. The anticipated subgrade soils are classified as fair subgrade material with estimated R-value of 10 to 20 when properly prepared based on the Unified Soil Classification System designation of CL. An R-value of 10 has been assumed in the preparation of the pavement design. It should however, be recognized that the City of Milpitas may require a specific R-value test to verify the use of the following design. It is recommended that this testing, if required, be conducted following completion of rough grading in the proposed pavement areas so that the R-value test results are indicative of the actual pavement subgrade soils. Alternatively, a minimum code pavement section may be required if a specific R-value test is not performed. To use this R-value, all fill added to the pavement subgrade must have pavement support characteristics at least equivalent to the existing soils, and must be placed and compacted in accordance with the project specifications. 114
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Asphalt Pavements
The following table presents recommended thicknesses for a new flexible pavement structure consisting of asphaltic concrete over a granular base, along with the appropriate CALTRANS specifications for proper materials and placement procedures. A pavement section has been provided for use in parking stall area due to the anticipated lower traffic intensity in this area.

Pavement recommendations are based upon CALTRANS design parameters for a twenty-year design period and assume proper drainage and construction monitoring. It is, therefore, recommended that the geotechnical engineer monitors and tests subgrade preparation, and that the subgrade be evaluated immediately before pavement construction.

Portland Concrete Pavements
Portland Cement Concrete pavements are recommended in areas where traffic is concentrated such as the entrance/exit aprons as well as areas subjected to heavy loads such as the trash enclosure loading zone. The preparation of the subgrade soils within concrete pavement areas should be performed as previously described in this report. Portland Cement Concrete pavements in low and high stress areas are recommended to be at least 6 inches thick containing No. 3 bars at 18-inch on-center both ways placed at mid-height. The pavement should be constructed in accordance with Section 40 of the CALTRANS Standard Specifications. A minimum 4-inch thick layer of aggregate base course (CALTRANS Class 2) is recommended below the concrete pavement. This base course should be compacted to at least 95% of the material’s maximum dry density.

The maximum joint spacing within new Portland Cement Concrete pavements is recommended to be 12 feet to control shrinkage cracking. Load transfer reinforcing is recommended at construction joints perpendicular to traffic flow if construction joints are not properly keyed. In

ASPHALT PAVEMENTS
Materials Thickness (inches) CALTRANS
SpecificationsParking Stalls Drive Lanes
Asphaltic Concrete
Surface Course (b) 1 1 Section 39, (a)
Asphaltic Concrete
Binder Course (b) 2 2 Section 39, (a)
Crushed Aggregate
Base Course 6 9 Section 26, Class 2 (R-value at least 78) NOTES:
(a) Compaction to density between 95 and 100 percent of the 50-Blow Marshall Density (b) The surface and binder course may be combined as a single layer placed in one lift if similar materials are utilized.
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Geotechnical Engineering Exploration and Analysis
Proposed Chick-fil-A Restaurant #4483
755 East Calaveras Boulevard
Milpitas, California
Project No. 2G-1904001-R

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_________________________________________________________________________ GILES ENGINEERING ASSOCIATES, INC.
this event, ¾-inch diameter smooth dowel bars, 18 inches in length placed at 12 inches on- center are recommended where joints are perpendicular to the anticipated traffic flow.

Expansion joints are recommended only where the pavement abuts fixed objects such as light standard foundations. Tie bars are recommended at the first joint within the perimeter of the concrete pavement area. Tie bars are recommended to be No. 4 bars at 42-inch on-center spacings and at least 48 inches in length.

General Considerations
Pavement recommendations assume proper drainage and construction monitoring and are based on traffic loads as indicated previously. Pavement designs are based on either PCA or CALTRANS design parameters for twenty (20) year design period. However, these designs are also based on a routine pavement maintenance program and significant asphalt concrete pavement rehabilitation after about 8 to 10 years, in order to obtain a reasonable pavement service life.

7.7 Recommended Construction Materials Testing Services The report was prepared assuming that Giles will perform Construction Materials Testing (CMT) services during construction of the proposed development. In general, CMT services are recommended (and expected) to at least include observation and testing of foundation and pavement support soil and other construction materials. It might be necessary for Giles to provide supplemental geotechnical recommendations based on the results of CMT services and specific details of the project not known at this time.

7.8 Basis of Report
This report is based on Giles’ proposal, which is dated March 27, 2019 and is referenced by Giles’ proposal number 2GEP-1903026. The actual services for the project varied somewhat from those described in the proposal because of the conditions that were encountered while performing the services and in consideration of the proposed project.

This report is strictly based on the project description given earlier in this report. Giles must be notified if any parts of the project description or our assumptions are not accurate so that this report can be amended, if needed. This report is based on the assumption that the facility will be designed and constructed according to the codes that govern construction at the site.

The conclusions and recommendations in this report are based on estimated subsurface conditions as shown on the Records of Subsurface Exploration . Giles must be notified if the subsurface conditions that are encountered during construction of the proposed development differ from those shown on the Records of Subsurface Exploration because this report will likely need to be revised. General comments and limitations of this report are given in the appendix. © Giles Engineering Associates, Inc. 2020
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APPENDIX A

FIGURES AND TEST BORING LOGS
The Test Boring Location Plan contained herein was prepared based upon information supplied by Giles’ client, or others, along with Giles’ field measurements and observations. The diagram is presented for conceptual purposes only and is intended to assist the reader in report interpretation.

The Test Boring Logs and related information enclosed herein depict the subsurface (soil and water) conditions encountered at the specific boring locations on the date that the exploration was performed. Subsurface conditions may differ between boring locations and within areas of the site that were not explored with test borings. The subsurface conditions may also change at the boring locations over the passage of time.
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0.000

0.005

0.010

0.015

0.020

0.025

0.030

0.035

0.040

0.045

0.050

0.055

0.060

0.065

0.070

0.075

0.080

0.085

0.090

0.095

0.100
10 100 1000 10000 100000
CONSOLIDATION STRAIN (in/in)
VERTICAL LOAD (psf)
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APPENDIX B

FIELD PROCEDURES
The field operations were conducted in general accordance with the procedures recommended by the American Society for Testing and Materials (ASTM) designation D 420 entitled “Standard Guide for Sampling Rock and Rock” and/or other relevant specifications.

Soil samples were preserved and transported to Giles’ laboratory in general accordance with the procedures recommended by ASTM designation D 4220 entitled “Standard Practice for Preserving and Transporting Soil Samples.” Brief descriptions of the sampling, testing and field procedures commonly performed by Giles are provided herein. 130
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GILES ENGINEERING ASSOCIATES, INC.

GENERAL FIELD PROCEDURES
Test Boring Elevations
The ground surface elevations reported on the Test Boring Logs are referenced to the assumed benchmark shown on the Boring Location Plan (Figure 1). Unless otherwise noted, the elevations were determined with a conventional hand-level and are accurate to within about 1 foot.

Test Boring Locations
The test borings were located on-site based on the existing site features and/or apparent property lines. Dimensions illustrating the approximate boring locations are reported on the Boring Location Plan (Figure 1).

Water Level Measurement
The water levels reported on the Test Boring Logs represent the depth of “free” water encountered during drilling and/or after the drilling tools were removed from the borehole. Water levels measured within a granular (sand and gravel) soil profile are typically indicative of the water table elevation. It is usually not possible to accurately identify the water table elevation with cohesive (clayey) soils, since the rate of seepage is slow. The water table elevation within cohesive soils must therefore be determined over a period of time with groundwater observation wells.

It must be recognized that the water table may fluctuate seasonally and during periods of heavy precipitation. Depending on the subsurface conditions, water may also become perched above the water table, especially during wet periods.

Borehole Backfilling Procedures
Each borehole was backfilled upon completion of the field operations. If potential contamination was encountered, and/or if required by state or local regulations, boreholes were backfilled with an “impervious” material (such as bentonite slurry).

Borings that penetrated pavements, sidewalks, etc. were “capped” with Portland Cement concrete, asphaltic concrete, or a similar surface material. It must, however, be recognized that the backfill material may settle, and the surface cap may subside, over a period of time. Further backfilling and/or re-surfacing by Giles’ client or the property owner may be required.
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GILES ENGINEERING ASSOCIATES, INC.

FIELD SAMPLING AND TESTING PROCEDURES
Auger Sampling (AU)
Soil samples are removed from the auger flights as an auger is withdrawn above the ground surface. Such samples are used to determine general soil types and identify approximate soil stratifications. Auger samples are highly disturbed and are therefore not typically used for geotechnical strength testing.

Split-Barrel Sampling (SS) – (ASTM D-1586)
A split-barrel sampler with a 2-inch outside diameter is driven into the subsoil with a 140- pound hammer free-falling a vertical distance of 30 inches. The summation of hammer- blows required to drive the sampler the final 12-inches of an 18-inch sample interval is defined as the “Standard Penetration Resistance” or N-value is an index of the relative density of granular soils and the comparative consistency of cohesive soils. A soil sample is collected from each SPT interval.

Shelby Tube Sampling (ST) – (ASTM D-1587)
A relatively undisturbed soil sample is collected by hydraulically advancing a thin-walled Shelby Tube sampler into a soil mass. Shelby Tubes have a sharp cutting edge and are commonly 2 to 5 inches in diameter.

Bulk Sample (BS)
A relatively large volume of soils is collected with a shovel or other manually-operated tool. The sample is typically transported to Giles’ materials laboratory in a sealed bag or bucket.

Dynamic Cone Penetration Test (DC) – (ASTM STP 399)
This test is conducted by driving a 1.5-inch-diameter cone into the subsoil using a 15- pound steel ring (hammer), free-falling a vertical distance of 20 inches. The number of hammer-blows required to drive the cone 1¾ inches is an indication of the soil strength and density, and is defined as “N”. The Dynamic Cone Penetration test is commonly conducted in hand auger borings, test pits and within excavated trenches. - Continued -
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GILES ENGINEERING ASSOCIATES, INC.

Ring-Lined Barrel Sampling – (ASTM D 3550)
In this procedure, a ring-lined barrel sampler is used to collect soil samples for classification and laboratory testing. This method provides samples that fit directly into laboratory test instruments without additional handling/disturbance.

Sampling and Testing Procedures
The field testing and sampling operations were conducted in general accordance with the procedures recommended by the American Society for Testing and Materials (ASTM) and/or other relevant specifications. Results of the field testing (i.e. N-values) are reported on the Test Boring Logs. Explanations of the terms and symbols shown on the logs are provided on the appendix enclosure entitled “General Notes”. 133
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APPENDIX C

LABORATORY TESTING AND CLASSIFICATION
The laboratory testing was conducted under the supervision of a geotechnical engineer in accordance with the procedures recommended by the American Society for Testing and Materials (ASTM) and/or other relevant specifications. Brief descriptions of laboratory tests commonly performed by Giles are provided herein.
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LABORATORY TESTING AND CLASSIFICATION
Photoionization Detector (PID)
In this procedure, soil samples are “scanned” in Giles’ analytical laboratory using a Photoionization Detector (PID). The instrument is equipped with an 11.7 eV lamp calibrated to a Benzene Standard and is capable of detecting a minute concentration of certain Volatile Organic Compound (VOC) vapors, such as those commonly associated with petroleum products and some solvents. Results of the PID analysis are expressed in HNu (manufacturer’s) units rather than actual concentration.

Moisture Content (w) (ASTM D 2216)
Moisture content is defined as the ratio of the weight of water contained within a soil sample to the weight of the dry solids within the sample. Moisture content is expressed as a percentage.

Unconfined Compressive Strength (qu) (ASTM D 2166)
An axial load is applied at a uniform rate to a cylindrical soil sample. The unconfined compressive strength is the maximum stress obtained or the stress when 15% axial strain is reached, whichever occurs first.

Calibrated Penetrometer Resistance (qp)
The small, cylindrical tip of a hand-held penetrometer is pressed into a soil sample to a prescribed depth to measure the soils capacity to resist penetration. This test is used to evaluate unconfined compressive strength.

Vane-Shear Strength (qs)
The blades of a vane are inserted into the flat surface of a soil sample and the vane is rotated until failure occurs. The maximum shear resistance measured immediately prior to failure is taken as the vane-shear strength.

Loss-on-Ignition (ASTM D 2974; Method C)
The Loss-on-Ignition (L.O.I.) test is used to determine the organic content of a soil sample. The procedure is conducted by heating a dry soil sample to 440°C in order to burn-off or “ash” organic matter present within the sample. The L.O.I. value is the ratio of the weight loss due to ignition compared to the initial weight of the dry sample. L.O.I. is expressed as a percentage.
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Particle Size Distribution (ASTB D 421, D 422, and D 1140) This test is performed to determine the distribution of specific particle sizes (diameters) within a soil sample. The distribution of coarse-grained soil particles (sand and gravel) is determined from a “sieve analysis,” which is conducted by passing the sample through a series of nested sieves. The distribution of fine-grained soil particles (silt and clay) is determined from a “hydrometer analysis” which is based on the sedimentation of particles suspended in water.

Consolidation Test (ASTM D 2435)
In this procedure, a series of cumulative vertical loads are applied to a small, laterally confined soil sample. During each load increment, vertical compression (consolidation) of the sample is measured over a period of time. Results of this test are used to estimate settlement and time rate of settlement.

Classification of Samples
Each soil sample was visually-manually classified, based on texture and plasticity, in general accordance with the Unified Soil Classification System (ASTM D-2488-75). The classifications are reported on the Test Boring Logs.

Laboratory Testing
The laboratory testing operations were conducted in general accordance with the procedures recommended by the American Society for Testing and Materials (ASTM) and/or other relevant specifications. Results of the laboratory tests are provided on the Test Boring Logs or other appendix enclosures. Explanation of the terms and symbols used on the logs is provided on the appendix enclosure entitled “General Notes.” 136
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GILES ENGINEERING ASSOCIATES, INC.

California Bearing Ratio (CBR) Test ASTM D-1833
The CBR test is used for evaluation of a soil subgrade for pavement design. The test consists of measuring the force required for a 3-square-inch cylindrical piston to penetrate 0.1 or 0.2 inch into a compacted soil sample. The result is expressed as a percent of force required to penetrate a standard compacted crushed stone.

Unless a CBR test has been specifically requested by the client, the CBR is estimated from published charts, based on soil classification and strength characteristics. A typical correlation chart is below.
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APPENDIX D

GENERAL INFORMATION
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GILES ENGINEERING ASSOCIATES, INC.

GENERAL COMMENTS
The soil samples obtained during the subsurface exploration will be retained for a period of thirty days. If no instructions are received, they will be disposed of at that time.

This report has been prepared exclusively for the client in order to aid in the evaluation of this property and to assist the architects and engineers in the design and preparation of the project plans and specifications. Copies of this report may be provided to contractor(s), with contract documents, to disclose information relative to this project.

The report, however, has not been prepared to serve as the plans and specifications for actual construction without the appropriate interpretation by the project architect, structural engineer, and/or civil engineer. Reproduction and distribution of this report must be authorized by the client and Giles.

This report has been based on assumed conditions/characteristics of the proposed development where specific information was not available. It is recommended that the architect, civil engineer and structural engineer along with any other design professionals involved in this project carefully review these assumptions to ensure they are consistent with the actual planned development. When discrepancies exist, they should be brought to our attention to ensure they do not affect the conclusions and recommendations provided herein. The project plans and specifications may also be submitted to Giles for review to ensure that the geotechnical related conclusions and recommendations provided herein have been correctly interpreted.

The analysis of this site was based on a subsoil profile interpolated from a limited subsurface exploration. If the actual conditions encountered during construction vary from those indicated by the borings, Giles must be contacted immediately to determine if the conditions alter the recommendations contained herein.

The conclusions and recommendations presented in this report have been promulgated in accordance with generally accepted professional engineering practices in the field of geotechnical engineering. No other warranty is either expressed or implied. 140
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With Dust
Palliative
With
Bituminous
Treatment
GW Good: tractor, rubber-tired, steel
wheel or vibratory roller
125-135 Almost none Good drainage,
pervious
Very stable Excellent Good Fair to
poor
Excellent
GP Good: tractor, rubber-tired, steel
wheel or vibratory roller
115-125 Almost none Good drainage,
pervious
Reasonably
stable
Excellent to
good
Poor to fair Poor
GM Good: rubber-tired or light
sheepsfoot roller
120-135 Slight Poor drainage,
semipervious
Reasonably
stable
Excellent to
good
Fair to poor Poor Poor to fair
GC Good to fair: rubber-tired or
sheepsfoot roller
115-130 Slight Poor drainage,
impervious
Reasonably
stable
Good Good to fair
**
Excellent Excellent
SW Good: tractor, rubber-tired or
vibratory roller
110-130 Almost none Good drainage,
pervious
Very stable Good Fair to poor Fair to
poor
Good
SP Good: tractor, rubber-tired or
vibratory roller
100-120 Almost none Good drainage,
pervious
Reasonably
stable when
dense
Good to fair Poor Poor Poor to fair
SM Good: rubber-tired or sheepsfoot
roller
110-125 Slight Poor drainage,
impervious
Reasonably
stable when
dense
Good to fair Poor Poor Poor to fair
SC Good to fair: rubber-tired or
sheepsfoot roller
105-125 Slight to
medium
Poor drainage,
impervious
Reasonably
stable
Good to fair Fair to poor Excellent Excellent
ML Good to poor: rubber-tired or
sheepsfoot roller
95-120 Slight to
medium
Poor drainage,
impervious
Poor stability,
high density
required
Fair to poor Not suitable Poor Poor
CL Good to fair: sheepsfoot or rubber-
tired roller
95-120 Medium No drainage,
impervious
Good stability Fair to poor Not suitable Poor Poor
OL Fair to poor: sheepsfoot or rubber-
tired roller
80-100 Medium to high Poor drainage,
impervious
Unstable, should
not be used
Poor Not suitable Not suitable Not suitable
MH Fair to poor: sheepsfoot or rubber-
tired roller
70-95 High Poor drainage,
impervious
Poor stability,
should not be
used
Poor Not suitable Very poor Not suitable
CH Fair to poor: sheepsfoot roller 80-105 Very high No drainage, impervious
Fair stability,
may soften on
expansion
Poor to very
poor
Not suitable Very poor Not suitable
OH Fair to poor: sheepsfoot roller 65-100 High No drainage, impervious
Unstable, should
not be used
Very poor Not suitable Not
suitable
Not suitable
Pt Not suitable Very high Fair to poor
drainage
Should not be
used
Not suitable Not suitable Not
suitable
Not suitable
* "The Unified Classification: Appendix A - Characteristics of Soil, Groups Pertaining to Roads and Airfields, and Appendix B - Characteristics of Soil Groups Pertaining to Embankments and Foundations," Technical Memorandum 357, U.S. Waterways Ixperiment Station, Vicksburg, 1953. ** Not suitable if subject to frost.

GILES ENGINEERING ASSOCIATES, INC.

CHARACTERISTICS AND RATINGS OF UNIFIED SOIL SYSTEM CLASSES FOR SOIL CONSTRUCTION * Value as Temporary
Pavement
Class Compaction
Characteristics
Max. Dry
Density
Standard
Proctor
(pcf)
Compressibility
and Expansion
Drainage and
Permeability
Value as an
Embankment
Material
Value as
Subgrade
When Not
Subject to
Frost
Value as Base
Course
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GENERAL NOTES

SAMPLE IDENTIFICATION
DESCRIPTIVE TERM (% BY DRY WEIGHT) PARTICLE SIZE (DIAMETER)

SOIL PROPERTY SYMBOLS DRILLING AND SAMPLING SYMBOLS

SOIL STRENGTH CHARACTERISTICS

COHESIVE (CLAYEY) SOILS NON-COHESIVE (GRANULAR) SOILS

U N C O N F I N E D

COMPARATIVE BLOWS PER COMPRESSIVE RELATIVE BLOWS PER

CONSISTENCY FOOT (N) STRENGTH (TSF) DENSITY FOOT (N)

D E G R E E O F

DEGREE OF EXPANSIVE

PLASTICITY PI POTENTIAL PI
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CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Authorize City Manager to Enter into a Memorandum of Understanding with the MUSD for Expansion of After the Bell for the Extended Learning Opportunities Program (Staff Contact: Renee Lorentzen, Director of Recreation and Community Services, 408-586-3409)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 6/21/2022
Recommendation: Authorize City Manager to Enter into a Memorandum of Understanding with the MUSD for Expansion of After the Bell for the Extended Learning Opportunities Program

BACKGROUND:

The City of Milpitas’ Recreation and Community Services Department provides the After the Bell (ATB) program at seven (7) elementary school sites, serving over 400 Milpitas youth annually, grades 1 – 6, from bell dismissal to 6:00 p.m. every day school is in session.

As part of the adoption of the California State Budget, the State provided over $1.75 billion for the Expanded Learning Opportunities Program (ELOP) in funding for afterschool and summer school enrichment programs with a focus on Local Educational Agencies (LEA) with the highest concentration of targeted disadvantaged students. The Milpitas Unified School District (MUSD) approached Recreation and Community Services staff to expand the existing After the Bell (ATB) program and serve additional at-risk youth as identified by the MUSD, after school at eight (8) elementary school sites, for MUSD enrolled students, grades K - 6.

To further support, and in the spirit of collaboration, City staff drafted a Memorandum of Understanding for the Expansion of ATB for ELOP between the City of Milpitas and the MUSD.

ANALYSIS:

Due to available State grant funding for ELOP, the MUSD is able to cover costs to expand the ATB program to accommodate eligible ELOP students. Per the MOU, ATB would operate at eight (8) elementary school sites for grades K-6th as follows: Burnett, Curtner, Mattos, Pomeroy, Sinnott, Spangler, Weller, and Zanker schools, from bell dismissal to 6:00 p.m., when a school site is in session. The MOU is drafted to reflect the responsibilities of both agencies (see attached). Key terms in the agreement are:

City Terms
Per the MOU the City will:
- staff the ELOP/ATB Program (Program) and conduct Program operations

- manage the Program enrollment of eligible, interested Program participants through Recreation and Community Services software, including but not limited to all applicable waivers and emergency contact forms.

- maintain safe Program child:leader ratios.

- establish and create Program materials and conduct all communication including but not limited to Program protocols, codes of conduct, program calendars, and parent directives.

- invoice the MUSD for 1) enrollment fees based on the number of children enrolled, and 2) for two (2) Senior Program Leads 147
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MUSD Terms
Per the MOU the MUSD will:
- identify the students qualified for the Program by school site and communicate to parents of eligible students how to sign up for ATB through the City’s enrollment platform

- provide access to classrooms, multi-use room, restrooms, etc., as well as onsite storage for Program equipment for all ATB participants

- pay the enrollment fees for eligible and enrolled youth to the City

- reimburse the City for the monthly cost for two (2) Program Leads

The final number of ELOP participants will be determined mid-summer. Once final enrollment numbers are known, staff will bring forward to City Council an amendment to the City’s FY2022-23 budget for program expenditures fully offset with new revenues.

POLICY ALTERNATIVE(S):

Alternative 1: Do not authorize the City Manager to Enter into a Memorandum of Understanding with the MUSD for Expansion of After the Bell for the Extended Learning Opportunities Program Pros: Staff can stop work on the expansion and focus on other projects and tasks Cons: Should ATB not provide services for ELOP, another afterschool care provider will be contracted with the potential of ATB not being held at any elementary school site, greatly reducing department and City revenue streams.

Reason for Not Recommending: Should ATB not provide services for ELOP, another afterschool care provider will be contracted for this service, with the potential of ATB not being held at any elementary school site, greatly reducing department and City revenue streams.

FISCAL IMPACT:

Fiscal impact at this time is unknown. The final number of ELOP participants will be determined mid-summer.

Once final enrollment numbers are known, staff will bring forward to City Council an amendment to the City’s FY2022-23 budget for program expenditures fully offset with new revenues. This budget amendment may be addressed in the FY2022-23 mid-year budget report or sooner.

RECOMMENDATION:

Authorize City Manager to Enter into a Memorandum of Understanding with the MUSD for Expansion of After the Bell for the Extended Learning Opportunities Program

Attachment(s):

Draft MOU

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MEMORANDUM OF AGREEMENT

BETWEEN THE CITY OF MILPITAS AND MILPITAS UNIFIED SCHOOL DISTRICT

FOR THE PROVISION OF EXPANDED AFTER THE BELL (ATB) PROGRAM FOR THE EXPANDED

LEARNING OPPORTUNITIES PROGRAM TO SUPPORT YOUTH

This Memorandum of Agreement (“Agreement”) is made and entered into this ____ day of ________________, 2022 (“Effective Date”), by and between the City of Milpitas, a municipal corporation of the State of California (“City”) and the Milpitas Unified School District, a California public school district (“District”). City and District are sometimes referred to individually as a “Party” and collectively as the “Parties.”

RECITALS

WHEREAS, the City has offered an afterschool program called “After the Bell” (“ATB”) in cooperation with the District on District sites for various decades; and

WHEREAS, After The Bell currently serves students grades 1 – 6 at seven (7) elementary District sites; and

WHEREAS, the State of California approved the Expanded Learning Opportunities Program (ELOP) funding as part of the approval of the FY 2021-22 Adopted Budget; and

WHEREAS, the ELOP funding distributed to school districts is provided to support unduplicated students that are eligible for free or reduced meals, English learner, or foster youth/McKinney Vento to participate in after school programs; and

WHEREAS, the District has requested a partnership to provide support to its students in need of afterschool care in accordance with State required provision of ELOP; and

NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, the Parties agree as follows:

TERMS OF AGREEMENT
The Term of this Agreement shall be for school year 2022-23, starting August 10, 2022 and will be in effect from the Effective Date to June 2, 2023 until revoked, in writing, with a 30 day notice, by either party.

1. City Responsibilities:

a. City is responsible for staffing the ELOP/ATB Program (Program) and conducting Program operations at eight (8) elementary school sites for grades K-6th as follows: Burnett, Curtner, Mattos, Pomeroy, Sinnott, Spangler, Weller, and Zanker schools, from bell dismissal to 6:00 p.m., when a school site is in session.

b. City will manage the Program enrollment of eligible, interested Program participants through Recreation and Community Services software, including but not limited to all applicable waivers and emergency contact forms.

c. City will maintain safe Program child:leader ratios. Site enrollment minimums and related Program monthly payments must cover total cost of at least two (2) site leader staff for Program participants. Enrollment minimums will be set through discussion by City and District by July 15.

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d. City will establish and create Program materials and conduct all communication including but not limited to Program protocols, code of conduct, program calendars, and parent directives.

e. By August 4, the City will invoice District for a deposit of one month of Program enrollment fees based on the number of children enrolled by August 1. Thereafter, the City will invoice the District on the 4th of every month for the full Program enrollment costs for the past month’s Program cost. For the last month of enrollment in the school year, the City will reconcile the deposit with the last month’s program costs and either invoice the District for the shortfall or pay any surplus to the District in accordance with that reconciliation.

d. City will invoice the District on the 4th of every month for the total cost for two (2) Senior Program Leads, for the prior month’s Program hours worked, which the District will have 30 days to pay.

2. District Responsibilities:

a. District will identify the students qualified for the Program by school site and communicate to parents of eligible students how to sign up for ATB through the City’s enrollment platform.

b. District will provide Program students and leaders access to areas of the campus such as classrooms, multi-use room, restrooms, etc. during Program hours for both ATB and Program enrollees, as well as onsite storage for Program equipment.

c. District will pay City 100% of Program costs for enrolled students at the annual amount of $1,980 per student. District will be billed monthly by City and will pay City within 30 days of receipt of invoice.

d. Site enrollment minimum at the Sinnott Elementary school site must be maintained to cover total cost of two (2) site leader staff. Should enrollment fall below required minimum, District will cover the difference between enrollment fee revenue and site leader staff total cost.

e. District will pay City, 100% of the total cost for two (2) Program Leads, in an amount not to exceed $52,000. District will be billed monthly by City and will pay City within 30 days of receipt of invoice.

3. General Provisions:

Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this MOU. Any action, suit or proceeding related to or arising from this MOU shall be filed in the Santa Clara County Superior Court.

No Third-Party Beneficiaries. This MOU is made and entered into for the sole benefit of the parties hereto. No other person shall have any right of action based upon any provision of this MOU.

Joint Preparation. This MOU shall be deemed to have been prepared jointly and equally by the parties, and none of its terms shall be construed against any party on the ground that the party prepared the MOU or caused it to be prepared.

Entire Agreement. This MOU constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements and 150
Item # C7.

understandings, both written and oral. This MOU may not be modified or amended except in a writing signed by all parties hereto.

Authority to Execute. The persons executing this MOU on behalf of each of the parties warrant and represent that they have the authority to execute this MOU on behalf of the party for whom they execute and have the authority to bind the party to the obligations hereunder.

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

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

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:

District:

Milpitas Unified School District
1331 E. Calaveras Boulevard
Milpitas, California 95035
Attn: Cheryl Jordan, Superintendent
City:

City of Milpitas
455 E. Calaveras Boulevard
Milpitas, California 95035
Attn: Steven McHarris, City Manager

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.

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SIGNATURES PAGE

City of Milpitas Milpitas Unified School District

City Manager: Superintendent:

Signature: Signature:

Name: Name:

Title:_______________________________ Title:

Date: Date:

City Attorney:

Signature:

Name:

Title: _______________________________

Date:
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CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Approve the Accounts Receivable Write-offs for the Fiscal Year ending June 30, 2022 (Lauren Lai, Finance Director, 408-586-3111)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 6/21/2022
Recommendation: Approve the Accounts Receivable write-offs in the amount of $71,246 for the fiscal year ending June 30, 2022.

BACKGROUND:

As part of the annual preparation of the financial statements, staff reviews the City’s accounts receivables or outstanding payments to the City. Any outstanding payment in excess of one year is considered for being written off, if after several attempts to collect payment including internal billing mailings, past due notices, phone call follow up and referral of the outstanding payment to a collection agency have been unsuccessful.

The City of Milpitas Municipal Code I-5-3.00 titled “Write-off of Uncollectible Accounts,” authorizes the City Manager and the Director of Finance, jointly, to write off as uncollectible up to $50,000.00 in total annually (and up to $10,000.00 for any single account or claim) on all accounts or claims which the City may have against all persons under certain conditions. When the City Manager and Director of Finance determine that the claim is (1) uncollectible; possibly collectible but collection would not be reasonably cost effective taking into consideration the probable necessary cost to the City in pursuing collection and the likelihood of collection; or not a valid, enforceable claim of the City. Since the annual write-off amount is in excess of $50,000, staff seeks Council approval.

ANALYSIS:

Depending on the total annual amount deemed uncollectible, staff recommends the attached listings of accounts receivable (AR) write-offs to City Council for approval. This report covers the period prior to June 2021. Attached in the Council’s packet are two AR lists, one for utility accounts (water, and sewer) and the other for non-utility accounts that have remained unpaid for more than 12 months. The table below identifies AR categories, total amounts invoiced for the period of July 1, 2020 to June 30, 2021, proposed write-off amounts, and proposed write-off amount represented as of percent of total amounts invoiced. It should be noted that during this period, the City achieved an overall collection rate of 99.87%. The proposed write-offs amount of $71,246 is approximately 0.13% of all the amounts invoiced during the same period.

AR Category
Total Amount
Invoiced
Proposed Write-
off Amount
Write-Offs as a % of
Amount Invoiced
Utility Accounts $ 54,282,038 $8,420 0.02%
Business License 328,115 129 0.04%
Retirees Medical 33,427 438 1.31%
Fire Fees 103,343 16,031 15.51%
Police Charges 57,400 29,562 51.50%
Neighborhood Services Charges 17,433 6,208 35.61%
Miscellaneous N/A 1,635 N/A
Loans N/A 8,823 N/A
Total $ 54,821,726 $71,246 0.13%

153
Item # C8.

Finance staff invoices and collects payments for all utility accounts as well as miscellaneous accounts receivable (private development jobs, fire permits, fire false alarm, business licenses, retiree medical, police false alarms, police subpoena, animal regulation violations, and NBO Fines). For utility accounts, in accordance to Senate Bill 998 Discontinuance of residential water service, a bill is due for payment in 21 days from the bill date. Finance staff then sends a reminder notice 23 days from the bill date and final notice 65 days from the bill date. A telephone call follows 73 days from the bill date. The utility account will be tagged for shut off 80 days from the bill date. And if not paid, a utility account will be cut-off 85 days from the bill date after which point it will be sent to the City’s collection agency, Collection Bureau of America (CBA). If cut-off and sent to collections, a utility customer will not be able to start new service until they have paid their outstanding balance in full; even if that balance has been written off from an accounting standpoint.

In fiscal year 2021-2022, the City applied for the water arrearages payment program from State Water Resources Control Board and provided financial assistance to community water systems with past due bills accrued during COVID-19 pandemic bill relief from March 2020 to June 2021. That program was able to assist residents to payoff water bill outstanding balance during that time period.

For miscellaneous accounts receivables, an invoice issued is due for payment in 28 days from issuance date of the invoice. If not paid on the due date, a reminder notice will be issued by Finance staff on the 28th day and due for payment in 14 days from issuance date of the reminder notice. If not paid on the due date, a Final Notice will be issued on the 42nd day and due for payment in 7 days from issuance date of Final Notice. If not paid on the due date, the account will be sent to the City’s collection agency on the 49th day. If the account is for a developer, they will not be able to start new work in Milpitas if they have an outstanding balance.

Staff is also recommending Council write off one CDBG rehabilitation loan that was not collectable in this fiscal year. The total rehabilitation loan balance was $58,823. The loanee paid off $50,000 and the remaining loan amount of $8,823 was not collectable and therefore, requested to be written off. This loan was originally administered by Santa Clara County CDBG Program and erroneously liened for only $50,000.

POLICY ALTERNATIVE(S):

Alternative 1: Do not approve the proposed recommendation to write off accounts receivable.

Pros: None

Cons: Will not follow Generally Accepted Accounting Principles and the City’s financials will be overstated.

Reason for Not Recommending: The City needs to ensure to follow financial practices consistent with Generally Accepted Accounting Principles. Following GAAP is a precursor towards an unqualified or “clean” financial audit.

FISCAL IMPACT:

Write offs of $71,246 from the outstanding accounts receivable will reduce the full-accrual fund balances of the General Fund by $62,826 and the Utility Funds by $8,420.

California Environmental Quality Act (CEQA):

Not applicable

RECOMMENDATION:

Approve the Accounts Receivable write-offs for the fiscal year ending June 30, 2022.

Attachment(s):

1. FY2020-2021 Utility Bills Write Off

2. FY2020-2021 Miscellaneous Accounts Receivable Write Off

154
Item # C8.

City of Milpitas
Utility Bill Write Off

(final date as of 6/30/21)
FY2021-2022
TOTAL
8,419.88

Final Bill
Amount
Account
Last Name
First Name
Date
Write Off
Reason
2001539
DULAY

STEPHEN
07/06/20
181.45

Closed Account
2014376

WETLESEN
PAMELA
06/28/21
664.52

Closed Account
2026914
GIL
RAMON
06/28/21
2,731.84

Closed Account
2028342
24-HOUR FITNESS CENTER INC (Jacklin location)
08/24/20
182.84

Bankruptcy
2032196

SUSHI MARU
04/27/20
367.74

Closed Business
2033347
MODI

SAURABH
05/24/21
543.67

Closed Account
2035875
VEA
TEUILA
06/21/21
1,248.00

Closed Account
2041575
BLE

OTOKONDA
05/24/21
1,389.30

Closed Account
2043517

PARAKKAT

MOHAMAD
03/12/21
371.89

Closed Account
2044575

DUMPLING MAMA
05/24/21
370.57

Closed Business
2045896
CHEN
XIUMIN
05/24/21
142.44

Closed Account
2046696

GERVACIO

XIOMARA
03/08/21

73.19 Closed Account
2047269
TRAN
BINH
07/17/20
152.43

Closed Account
1 155
Item # C8.

INVOICE
NUMBER
DATE

CUSTOMER NAME

CUSTOMER ID
NUMBER
AMOUNT

DESCRIPTION
I000046944
09/20/19

OS EDGE
00013082
129

Business License

BUSINESS LICENSE
129
$

I000049230
01/08/21

ANTHONY GULARTE
00013173
219

AR Benefits
I000049388
02/05/21

ANTHONY GULARTE
00013173
219

AR Benefits

RETIREE MEDICAL
438
$

I000047509
12/27/19

YUMMY YUMMY BAO
F19-0736
857

Fire Annual Fee
I000049073
12/18/20
VTA
F12-0175
910

Fire Annual Fee
I000049081
12/18/20

SCVTA -BART MILPITAS AUXILLARY
F16-0361
617

Fire Annual Fee
I000049087
12/18/20
CAMPUS 237 OWNER LLC
F17-0232
617

Fire Annual Fee
I000049102
12/18/20
CAMPUS 237 OWNER LLC
F18-0002
617

Fire Annual Fee
I000049095
12/18/20

ORINDA EQUITY PARTNERS, LLC
F19-0230
617

Fire Annual Fee
I000049096
12/18/20
Irvine Company
F20-0026
617

Fire Annual Fee
I000049063
12/18/20

UNION PACIFIC RAILROAD
F88-0016
617

Fire Annual Fee
I000049108
12/18/20

CONDOMINIUM COMPLEX
F94-0741
1,175

Fire Annual Fee
I000049082
12/18/20

SCVTA - BART SRC HVSS & SRR TP
F16-0363
1,526

Fire Annual Fee
I000049084
12/18/20

SCVTA - BART SME TPSS & SECTIO
F16-0552
617

Fire Annual Fee
I000049085
12/18/20

SCVTA - BART MILPITAS STATION
F16-0553
617

Fire Annual Fee
I000049536
03/19/21
APPLE
F20-0285
2,114

Fire Annual Fee
I000049541
03/19/21

VBIRYANIZ
F21-0467
295

Fire Annual Fee
I000049543
03/19/21

ADVANCE ENERGY INDUSTRIES, INC
F21-0472
910

Fire Annual Fee
I000049752
05/14/21

VERIZON WIRELESS
F21-0549
617

Fire Annual Fee
I000049754
05/14/21

HANSANG TOFU
F21-0556
295

Fire Annual Fee

FIRE ANNUAL FEE
13,631
$

I000046771
08/16/19
SHELL BUILDING (55-91)
00012543
300

Fire False Alarm
I000047753
01/31/20

THE BENTO BOX
00013112
300

Fire False Alarm
I000048465
08/07/20

ESSEX PORTFOLIO LP
00012730
900

Fire False Alarm
I000049196
01/01/21

DCA ILARA INVESTORS LLC
00013184
300

Fire False Alarm
I000049432
02/19/21

AYGB MILPITAS LLC
00012768
600

Fire False Alarm

FIRE FALSE ALARMS
2,400
$

I000048049
04/10/20

ADP LLC
00013133
150

PD False Alarm
I000048425
07/31/20

ADP LLC
00013133
500

PD False Alarm
I000048902
11/06/20

ADP LLC
00013133
250

PD False Alarm
I000048127
04/30/20

ADP, INC
00012781
250

PD False Alarm
I000048591
09/18/20

ADP, INC
00012781
250

PD False Alarm
I000048723
09/25/20

ADP, INC
00012781
250

PD False Alarm
I000047613
01/24/20

APEX APARTMENT
00012512
250

PD False Alarm
I000046512
07/19/19

ASHLEY FURNITURE
00012717
50 PD False Alarm
FY 2021-2022 WRITE OFF
Miscellaneous Accounts Receivable
as of June 30, 2021
156
Item # C8.

INVOICE
NUMBER
DATE

CUSTOMER NAME

CUSTOMER ID
NUMBER
AMOUNT

DESCRIPTION
FY 2021-2022 WRITE OFF
Miscellaneous Accounts Receivable
as of June 30, 2021
I000047040
09/27/19

ASHLEY FURNITURE
00012717
500

PD False Alarm
I000047161
10/18/19

ASHLEY FURNITURE
00012717
500

PD False Alarm
I000047250
11/15/19

ASHLEY FURNITURE
00012717
250

PD False Alarm
I000047557
01/10/20

ASHLEY FURNITURE
00012717
250

PD False Alarm
I000048413
07/31/20

ASHLEY FURNITURE
00012717
1,150

PD False Alarm
I000048582
09/18/20

ASHLEY FURNITURE
00012717
1,500

PD False Alarm
I000048710
09/25/20

ASHLEY FURNITURE
00012717
750

PD False Alarm
I000048884
11/06/20

ASHLEY FURNITURE
00012717
500

PD False Alarm
I000049034
12/18/20

ASHLEY FURNITURE
00012717
500

PD False Alarm
I000047251
11/15/19

AT & T MOBILITY
00012720
150

PD False Alarm
I000047627
01/24/20

AT&T MOBILITY
00012338
500

PD False Alarm
I000048716
09/25/20

AT&T MOBILITY
00012338
50 PD False Alarm
I000049213
01/01/21

AT&T MOBILITY
00012338
100

PD False Alarm
I000049408
02/19/21

AT&T MOBILITY
00012338
250

PD False Alarm
I000047567
01/10/20

BARCO INC
00013101
250

PD False Alarm
I000047623
01/24/20

BARCO INC
00013101
750

PD False Alarm
I000049709
05/07/21
BYTON
00013207
50 PD False Alarm
I000048140
05/15/20

CENTURY THEATRES
00010177
50 PD False Alarm
I000048225
06/12/20

CENTURY THEATRES
00010177
100

PD False Alarm
I000048707
09/25/20

CENTURY THEATRES
00010177
250

PD False Alarm
I000047626
01/24/20

CHICK & TEA
00013088
100

PD False Alarm
I000047640
01/24/20

DAVE & BUSTERS
00010092
500

PD False Alarm
I000047616
01/24/20

DICK'S SPORTING GOODS
00012907
100

PD False Alarm
I000047553
01/10/20

DOLLAR TREE STORE
00010348
50 PD False Alarm
I000048886
11/06/20

DOLLAR TREE STORE
00010348
150

PD False Alarm
I000048431
07/31/20

FLOOR AND DECOR OUTLETS OF AME
00013149
150

PD False Alarm
I000048715
09/25/20

FLOOR AND DECOR OUTLETS OF AME
00013149
250

PD False Alarm
I000049043
12/18/20

FLOOR AND DECOR OUTLETS OF AME
00013149
250

PD False Alarm
I000049209
01/01/21

FLOOR AND DECOR OUTLETS OF AME
00013149
750

PD False Alarm
I000049405
02/19/21

FLOOR AND DECOR OUTLETS OF AME
00013149
250

PD False Alarm
I000049710
05/07/21

GOLDEN STATE URGENT CARE PROVI
00013208
150

PD False Alarm
I000049197
01/01/21

JOLLIBEE
00013175
100

PD False Alarm
I000046925
09/13/19

JONES LANG LASALLE AMERICAS IN
00013048
250

PD False Alarm
I000047045
09/27/19

JONES LANG LASALLE AMERICAS IN
00013048
1,000

PD False Alarm
I000047639
01/24/20

JONES LANG LASALLE AMERICAS IN
00013048
500

PD False Alarm
157
Item # C8.

INVOICE
NUMBER
DATE

CUSTOMER NAME

CUSTOMER ID
NUMBER
AMOUNT

DESCRIPTION
FY 2021-2022 WRITE OFF
Miscellaneous Accounts Receivable
as of June 30, 2021
I000047172
10/18/19

NAVAJO COMPANY
00013090
100

PD False Alarm
I000047167
10/18/19

NEW KING EGG ROLL II INC
00013066
250

PD False Alarm
I000047159
10/18/19

OLIVE GARDEN
00012491
250

PD False Alarm
I000049041
12/18/20

PAMELA I WETLESEN
00011140
400

PD False Alarm
I000048048
04/10/20

PARIS BAGUETTE
00013132
50 PD False Alarm
I000048717
09/25/20

PARIS BAGUETTE
00013132
350

PD False Alarm
I000048893
11/06/20

PARIS BAGUETTE
00013132
250

PD False Alarm
I000049215
01/01/21

PARIS BAGUETTE
00013132
250

PD False Alarm
I000049422
02/19/21

PSI WATER TECHNOLOGIES INC
00013192
50 PD False Alarm
I000047569
01/10/20

PULTE HOMES-THE FLATS
00013107
50 PD False Alarm
I000049201
01/01/21
ROUND TABLE PIZZA #2
00011015
50 PD False Alarm
I000047568
01/10/20

SHAPELL PROPERTIES
00013102
250

PD False Alarm
I000048885
11/06/20

SIERRA GATE LLC
00013150
250

PD False Alarm
I000048595
09/18/20

SURESITE CONSULTING GROUP LLC
00013163
150

PD False Alarm
I000048709
09/25/20

SURESITE CONSULTING GROUP LLC
00013163
1,000

PD False Alarm
I000048882
11/06/20

SURESITE CONSULTING GROUP LLC
00013163
250

PD False Alarm
I000049032
12/18/20

SURESITE CONSULTING GROUP LLC
00013163
250

PD False Alarm
I000048132
04/30/20

SUTTER WALK IN CARE
00013135
400

PD False Alarm
I000048142
05/15/20

SUTTER WALK IN CARE
00013135
250

PD False Alarm
I000048230
06/12/20

SUTTER WALK IN CARE
00013135
250

PD False Alarm
I000047263
11/15/19

TESLA ENERY OPERATIONS INC
00013100
650

PD False Alarm
I000047566
01/10/20

TESLA ENERY OPERATIONS INC
00013100
750

PD False Alarm
I000048047
04/10/20

TESLA ENERY OPERATIONS INC
00013100
50 PD False Alarm
I000048418
07/31/20

TESLA ENERY OPERATIONS INC
00013100
350

PD False Alarm
I000049049
12/18/20

TESLA ENERY OPERATIONS INC
00013100
250

PD False Alarm
I000048141
05/15/20

TIRES BY WHEEL WORKS
00010813
50 PD False Alarm
I000048227
06/12/20

TIRES BY WHEEL WORKS
00010813
100

PD False Alarm
I000048586
09/18/20

TIRES BY WHEEL WORKS
00010813
250

PD False Alarm
I000048892
11/06/20

TIRES BY WHEEL WORKS
00010813
250

PD False Alarm
I000047039
09/27/19
TUFF SHED1
00012704
50 PD False Alarm
I000047650
01/24/20

TURING LYON MANAGEMENT GROUP
00013122
50 PD False Alarm
I000046932
09/13/19
U.S. TELPACIFIC
00013080
50 PD False Alarm
I000048420
07/31/20
U.S. TELPACIFIC
00013080
600

PD False Alarm
I000048720
09/25/20
U.S. TELPACIFIC
00013080
250

PD False Alarm
I000049199
01/01/21

UNITED RENTALS
00013151
100

PD False Alarm
I000047253
11/15/19

WELLBOUND OF MILPITAS
00012950
250

PD False Alarm
I000047560
01/10/20

WELLBOUND OF MILPITAS
00012950
1,000

PD False Alarm
I000047036
09/27/19
WELLS FARGO BANK 1
00010865
250

PD False Alarm
I000048434
07/31/20

WORLDS YOGA MILPITAS
00013152
900

PD False Alarm
I000048580
09/18/20

WORLDS YOGA MILPITAS
00013152
500

PD False Alarm
I000048881
11/06/20

WORLDS YOGA MILPITAS
00013152
250

PD False Alarm
158
Item # C8.

INVOICE
NUMBER
DATE

CUSTOMER NAME

CUSTOMER ID
NUMBER
AMOUNT

DESCRIPTION
FY 2021-2022 WRITE OFF
Miscellaneous Accounts Receivable
as of June 30, 2021
I000048426
07/31/20

XL CONSTRUCTION
00010531
50 PD False Alarm
I000048592
09/18/20

XL CONSTRUCTION
00010531
100

PD False Alarm
I000049420
02/19/21

XL CONSTRUCTION
00010531
250

PD False Alarm

POLICE FALSE ALARMS
27,350
$

I000048878
10/30/20

JEFFREY M VUCINICH
00013174
251

PD Subpoena
I000049248
01/15/21

JEFFREY M VUCINICH
00013174
1,961

PD Subpoena

POLICE SUBPOENA
2,212
$

I000044848
09/14/18

LISETTE RODRIGUEZ
00012982
200

Animal Violation
I000044958
09/28/18

DANIEL NOAH BESTER
00012986
263

Animal Violation
I000045068
11/02/18

ROY G JOHNSON
00012993
225

Animal Violation
I000045069
11/02/18

RONNIE CRUZ
00012994
50 Animal Violation
I000045379
01/04/19

BADESHA MANPREET AND JASBIR
00013011
100

Animal Violation
I000045519
02/01/19

WILLIAM H HUGHES
00012843
100

Animal Violation
I000045520
02/01/19

WILLIAM H HUGHES
00012843
100

Animal Violation

ANIMAL VIOLATIONS
1,038
$

I000044770
08/24/18

YONG ONG N ET AL
00012965
100

NBO Fines
I000045070
11/02/18

SAROJ SABHERWAL TRUSTEE
00012995
1,700

NBO Fines
I000045288
12/14/18

ERICK F PALMA ET AL
00013004
800

NBO Fines
I000045380
01/04/19
200 SERRA WAY LLC
00013012
300

NBO Fines
I000045590
03/08/19
VIAM DEVELOPMENT 111 LP
00013034
100

NBO Fines
I000045965
04/26/19
200 SERRA WAY LLC
00013012
300

NBO Fines
I000045964
04/26/19
200 SERRA WAY LLC
00013012
1,300

NBO Fines
I000046415
06/21/19

STEVEN MOHR
00012537
300

NBO Fines
I000048246
06/19/20

STEVEN MOHR
00012537
270

NBO Fines

NBO FINES
5,170
$

I000046499
07/05/19

ANTHONY PHAN
00013056
1,635

Misc
MISC
1,635
$

CDBG LOAN
8,823

Loan
LOANS
8,823
$

OVERALL TOTAL
62,826
$

159
Item # C8.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Approve and Authorize the City Manager to Execute the Agreement for a One-Year Renewal with Brown & Brown for Excess Workers’ Compensation Insurance Coverage for a total agreement amount of $302,134 Staff Contact: Jeannine Seher, Human Resources Director, 408-586-3086)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 6/21/2022
Recommendation: Approve and Authorize the City Manager to Execute the Agreement for a One-Year Renewal with Brown & Brown for Excess Workers’ Compensation Insurance Coverage in the amount of $302,134

Background:

On July 1, 2021, the City renewed its policy with Brown & Brown Insurance Services of California, Inc. (“Brown & Brown”) for one year to provide Excess Workers’ Compensation Insurance coverage to the City (the “Agreement”) in accordance with any applicable requirements of federal, state or local laws or rules and/or regulations. The current policy is set to expire June 30, 2022.

Brown & Brown, Inc. is among the top 5 largest insurance brokers worldwide. The company provides a variety of insurance products and services to corporate, institutional, professional and individual clients. Head- quartered in Daytona Beach, Florida, Brown & Brown was founded in 1939. Following a merger in 1993, the company became publicly traded on Nasdaq. In 1998, the company became listed on the New York Stock Exchange (NYSE: BRO) and joined the S&P 500 in 2021. Brown & Brown handles clients’ premiums in excess of $20 Billion annually and has 6,000+ retail teammates.

Analysis:

Brown & Brown approached four (4) companies to bid the Excess Workers’ Compensation program. Safety National, the incumbent carrier, provided the quote which includes an 8.2% increase, which is consistent with its other quoted premiums in the market for 2022/23. Two companies declined to quote, one of which was unable to compete with the current plan, and the other declined due to the minimum retention requirements of the plan. A third company did not submit a timely quote.

Safety National offered multiple tiers of coverage levels with associated premiums as described in Attachment 2, page 6. Staff is recommending a renewal of excess workers’ compensation insurance coverage with Brown & Brown using the coverage option that best balances cost effectiveness and the assumed risk to the City. By way of the new policy, the annual deposit premium not-to-exceed amount will be $302,134 for coverage from July 1, 2022, through June 30, 2023.

Policy Alternatives:

Alternative 1: Do not approve and authorize the City Manager to renew the Policy with Brown & Brown for one year.

Pros: There is no benefit to discontinuing coverage with Brown & Brown. The City will continue to be liable for workers’ compensation claims.

Cons: Not having this coverage in place opens the risk to potentially higher liability for the City. 160
Item # C9.

Reasons not recommended: The City will have a gap in coverage for Excess Workers’ Compensation and staff would have limited time to request new proposals from other vendors.

Fiscal Impact:

The City has already established an appropriation for this request for FY 2022-23.

California Environmental Quality Act:

Approval of the recommendation is not an activity defined as a “project” under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15061(b) (3) and 15378(b)(4) either because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and/or because the action is financial and/or administrative and does not directly impact the environment.

Recommendation:

Approve and Authorize the City Manager to Execute the Agreement for a One-Year Renewal with Brown & Brown for Excess Workers’ Compensation Insurance Coverage in the amount of $302,134

Attachments:

1. 2021-22 Excess Workers’ Compensation Bind Letter

2. 2022-23 Excess Workers’ Compensation Proposal
161
Item # C9.

California License 0D04053
2401 E. Katella Ave., Suite 550, Anaheim, CA 92806
1 (800) 228-7975 ♦ (714)-221-1800 ♦ Fax: (714)-221-4196

July 8, 2021

City of Milpitas
Jeannine Seher
455 East Calaveras Boulevard
Milpitas, CA 95035

RE: Policy: Workers Compensation
Writing Company: Safety National Casualty Corporation
Policy No: SP4065322
Policy Period: 7/1/2021 to 7/1/2022

Dear Jeannine:

We have requested the insurance com pany to bind your insurance coverages based on the limit s as set forth in the attached binder for a total premium of $271,460. Higher limits may be available, please let us know should y ou require an alternative quotation. Enclosed please find the following items regarding this policy:

1. Insurance Binder as evidence of insurance with Safety National Casualty Corporation for Workers Compensation.

2. Renewal Invoice . Please make your check payable to Brown & Brown Insurance Services of California, Inc. We would appreciate your payment within 10 days.

3. Certificate of Insurance Request Form - Please use this form when requesting all certificates of insurance.

Thank you for allowing us to provide this covera ge for you. If you have any questions, please do not hesitate to contact me at (714)221-1844 or Mark Zahoryin at (714)221-1827.

Sincerely,

Katia Thomas
Account Manager
Enclosure
162
Item # C9.
163
Item # C9.

CERTIFICATE OF INSURANCE REQUEST FORM
(Please copy and complete as needed, and e-mail or fax us.)

DATE:

TO:

FROM: City of Milpitas
Policy Holder Name (Insured) Phone Number

Contact Name Fax Number

SUBJECT: Please issue a Certificate of Insurance to the following Certificate Holder:

Contact Name:

Business Name:

Street Address:

City: State: Zip:

Event(s) Date(s):

Date Required:

E-Mail Fax Number :

Mail

Additional Insured Required? Yes No If yes, for what activity, event or purpose:

Loss Payee Required? Yes No

Additional Requirements or Special Wording:

Please return the completed form to Katia Thomas at [email protected].

If you have any questions, please call (714)221-1844.

Thank you.

164
Item # C9.

165
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Page 2 ends

This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions.

Coverage cannot be bound until a binder has been received.

Excess Workers’ Compensation

Presented by:

Mark Zahoryin
Brown & Brown Insurance Services of California, Inc.
2401 E. Katella Ave., Suite 550
Anaheim, CA 92806
Phone: (714)221-1800
License No. 0D04053
www.bbrown.com

Insurance Presentation for:

City of Milpitas
Policy Period:
07/01/2022 - 07/01/2023
166
Item # C9.

Page 3 ends

This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions.

Coverage cannot be bound until a binder has been received.

Thank you for inviting us to develop and present a Risk Solution Program to you. We welcome the opportunity to become involved with your company. We have worked to identify your needs and concerns, and to develop a program for your insurance. Brown & Brown , Inc. is among the top 5 largest insurance brokers worldwide.1 The company provides a variety of insurance products and services to corporate, institutional, professional and individual clients. Headquartered in Daytona Beach , Florida, Brown & Brown was founded in 1939. Following a merger in 1993, the company became publicly traded on Nasdaq. In 1998, the company became listed on the New York Stock Exchange (NYSE: BRO), and joined the S&P 500 in 2021. Brown & Brown handles clients’ premiums in excess of $20 Billion annually and has 6,000+ retail teammates.

While size is not the sole criteria for choosing an insurance agent, it does enable us to offer our clients clout in the marketplace and unmatched service capability.

Please feel free to visit our website at www.bbrown.com.

This brief description of insurance coverage is being provided as an accommodation only and is not intended to cover or describe all policy terms. I n the event of difference, the policy will prevail. For more complete information on the scope and limits of coverage please refer to the policy document.

1 As listed in Business Insurance magazine, July 2021 edition 167
Item # C9.

Page 4 ends

This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions.

Coverage cannot be bound until a binder has been received.

No matter how comprehensive or price competitive your insurance program is, it is still people who must service it to insure that coverage will respond when needed.

Mark Zahoryin
Account Executive

Phone: (714)221-1827
Fax: (714) 221-4196
[email protected]

Mark Zahoryin will oversee all aspects of your program.

Katia Thomas
Account Manager

Phone: (714)221-1844
Fax: (714) 221-4196
[email protected]

Katia Thomas will assist with the daily servicing of your account, including endorsements, certificate requests, client services, program design, accounting, quality assurance and market relationships.

Feel free to contact anyone on this list if you have questions or concerns regarding your insurance policy.

Service Team
168
Item # C9.

P
age 5 6/10/2022
This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions.

Coverage cannot be bound until a binder has been received.

PREMIUM SUMMARY
Premiums as proposed:

Line of Coverage 2021/2022 Expiring
Premiums
2022/2023 Renewal
Premiums
Excess Workers Compensation
– Deposit Premium
$271,460 $302,134
Minimum Premium $244,314 $271,921
Safety National has offered a renewal quote at the expiring retentions with a rate increase of about

8.2% over last year
• Safety National has provided quotes at various retention options so if you increase the retentions the rates go down, see page 6 of the proposal.

O
ptions:

See Quote Sheet for retention options on page 6.

Renewal Comparison on page 10.

Payment Plan:
• Payment in Full
• P
lease make your check payable to Brown & Brown Insurance Services of California • Epay – There is a 3.25% fee if using a credit card and a $3 fee for ACH.

Here is the link: https://bbsocal.epaypolicy.com/
• Check by Fax – No Fee
• W
ire Transfer – We do not charge a fee for this. However, your bank might charge one.

T
his proposal is based upon the exposures to loss made known to the Agency. Any changes in these exposures (i.e., new operations, new products, additional states of hire, etc.) need to be promptly reported to us in order that proper coverage(s) may be put into place.

Premium Summary & Comparison
169
Item # C9.

Loveland Smart Insurance Services, Inc.

Attach to and forming a part our quotation dated: June 2, 2022. Broker No.: 0C20311 Applicant: City of Milpitas, CA
WC Limit Employer's Liability Self-Insured Deposit Premium Rate per $100 of Liability Sub-Limit Retention Minimum Premium of Payroll Security A) $20,000,000 $1,000,000 per Occ $750,000 All Others $302,134 0.488 Safety National Casualty Corp./ A.M. Best Rated: A++ XV $1,000,000 policy Agg $1,000,000 Police & Fire $271,921 $1,000,000 per Employee
Wildland Firefighting Endt.

B) $20,000,000 $1,000,000 per Occ $1,000,000-All Others $289,318 0.4673 Safety National Casualty Corp./ A.M. Best Rated: A++ XV $1,000,000 policy Agg
$1,000,000 per Employee
Wildland Firefighting Endt.
$260,386
C) $20,000,000 $1,000,000 per Occ $1,000,000 All Others $250,560 0.4047 Safety National Casualty Corp./ A.M. Best Rated: A++ XV $1,000,000 policy Agg $1,250,000 Police & Fire $225,504 $1,250,000 per Employee
Wildland Firefighting Endt.

D) STATUTORY$1,000,000 per Occ $750,000 All Others $326,280 0.527 Safety National Casualty Corp./ A.M. Best Rated: A++ XV $1,000,000 policy Agg $1,000,000 Police & Fire $293,652 $1,000,000 per Employee
Wildland Firefighting Endt.

Pending Arch Insurance Company / A.M. Best Rated: A+ XV Declination Minimum retention for Police & Firefighters in CA is $1,500,000. ACE Insurance Company / A.M. Best Rated: A+ XV Declination - Unable to compete with the current policy rate based on the current loss history. Midwest Employers Casualty Co. / A.M. Best Rated: A+ XV Terms and Conditions
1) Rates are based on an estimated annual remuneration of $61,912,645. 2) Safety National's quote is subject to their policy form and the following endorsements:
0275 00 0908 (XWC) Waiver of Subrogation-Negligence Excluded 0288 00 0908 (XWC) Employers' Liability Per Occurrence & Aggregate Max Limits of Liability, 0463 00 1197 (XWC) Voluntary Compensation Endorsement
1810 01 0712 (XWC) California Short Rate Cancellation Provision-Specific Excess, 0288 04 0908 (XWC) Employers' Liability Per Occurrence & Aggregate Maximum Limit of Liability-CA, 0557 00 1092 (XWC) Self-Insured Retention Per Occurrence-Police Officers& Drivers, 0467 02 1105 (XWC) Employers' Liability Maximum Limit and aggregate maximum Limit of Indemnity, 1864 17 1217 (XWC) Self-Insured Retention Per Occurrence-Wildland Firefighting 1199 00 0707(XWC) Self-Insured Retention Per Occurrence-Firefighter Class Codes, 6000 00 0121 Terrorism Risk Insurance Program Reauthorization Act Endorsement, California Mandatory Endorsements, if any. 3) Arch Insurance has not quoted yet. We will send you their quote or focused indication once it is received. 6 170
Item # C9.

Page 7 ends

This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions.

Coverage cannot be bound until a binder has been received.

Renewal is subject to the following:
• Confirmation of retention levels (Option A, B, C or D from quote sheet options on pg 6) • Completed and signed ACORD application.

Coverage cannot be considered bound until a binder has been received.

Subjectivities
171
Item # C9.

Page 8 ends

This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions.

Coverage cannot be bound until a binder has been received.

The following carriers were approached on your behalf:

Coverage Type Company Comments
Excess Workers’
Compensation
Safety National
(Incumbent)
Quoted $302,134
Rate $0.488
ACE Insurance
Company
Declined - Minimum
retention for Police &
Firefighters in CA is $1.5M
Arch Insurance
Company
Pending
Midwest Employers
Casualty Co.

Declined
Unable to compete

Marketing Summary
172
Item # C9.

Page 9 ends

This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions.

Coverage cannot be bound until a binder has been received.

The following are named insureds on your policies:

City of Milpitas

Please verify the accuracy of each name on this list and update if needed.

Named Insured
173
Item # C9.

Page 10 ends

This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions.

Coverage cannot be bound until a binder has been received.

Current
2021 / 2022
Renewal
2022 / 2023

COMPANY:

AM BEST RATING
Safety National Casualty
Corporation
A++: XV; Admitted
Safety National Casualty
Corporation
A++: XV; Admitted

STATE CA CA

MAX LIMIT OF INDEMNITY:

EMPLOYERS LIABILITY MAX

LIMIT OF INDEMNITY

$20,000,000 per occurrence

$1,000,000 per occurrence
$1,000,000 Aggregate

$20,000,000 per occurrence

$1,000,000 per occurrence
$1,000,000 Aggregate

SELF-INSURED RETENTION
(SIR):

$750,000 All Others
$1,000,000 Police and Fire
(Wildland Firefighting)
$750,000 All Others
$1,000,000 Police and Fire
(Wildland Firefighting)

ANNUAL TOTAL PAYROLL:

$60,177,251

$61,912,645

RATE: .4511 0.488

ANNUAL DEPOSIT PREMIUM:

INIMUM PREMIUM

$271,460

$244,314
(1 Year)

$302,134

$271,921
(1 Year)

Payrolls Are Subject to Audit

Additional Coverage May Include:

Waiver of Subrogation-Negligence Excluded for VTA
Voluntary Compensation Endorsement

Excess Workers’ Compensation

174
Item # C9.

Page 11 ends

This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions.

Coverage cannot be bound until a binder has been received.

Disclaimer: This proposal presented is based upon the exposures to loss made known to the agency. Any changes in these exposures (i.e. new operations, new products, additional state of hire, etc.) need to be promptly reported to our agency in order that proper coverage(s) may be put in place.

The proposal contains only a general description of the coverage(s) and does not constitute a policy/ contract. This brief description of insurance coverage is being provided as an accommodation only and is not intended to cover or describe all policy terms. For more complete information on the scope and limits or coverage, please refer to the policy document.

The proposal includes, but is not limited to, the terms, exclusions and conditions listed. For complete policy information, including exclusions, limitations and conditions, refer to the policy document.

Non-Admitted Carrier Taxes: N/A
Fees: N/A
Minimum Earned Premium: N/A %

Early termination of coverage may result in a short rate penalty.

Higher Limits may be available upon request  Premiums may be subject to audit Premiums include Terrorism Coverage

This proposal is based upon the exposures to loss made known to the Agency. Any changes in these exposures (i.e., new operations, new products, additional states of hire, etc.) need to be promptly reported to us in order that proper coverage(s ) may be put into place.

Please read your policy for specific details.

Important Notices & Disclaimers
175
Item # C9.

Page 12 ends

This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions.

Coverage cannot be bound until a binder has been received.

The Insurance Company(ies) Providing Coverage has(have) the following A.M. Best* Financial Rating:

Policy Type Carrier Rating
Admitted/Non-
Admitted
Excess Workers’ Compensation Safety National Casualty Corporation A++ XV Admitted

*Rating Guide: A++ to C - Stability Rating-Highest to Lowest Rating XV to I - Assets/Surplus Rating-Largest to Smallest

General Rating:

These rating classifications reflect A.M. Best’s opinion of the relative position of each company in comparison with others, based upon averages within the Property-Casualty insurance industry. They are reflective of overall company services and standing within the industry.

Rating Key:

Secure Ratings Vulnerable Ratings
A++, A+ Superior B, B- Fair D Poor
A, A- Excellent C++, C+ Marginal E Under State Supervision B++, B+ Very Good C, C- Weak F In Liquidation

A.M. Best Rating Summary
176
Item # C9.

Page 13 ends

This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions.

Coverage cannot be bound until a binder has been received.

The financial Size Category is an indication of the size of an Insurer and is based on reported Policyholders’ surplus plus conditional or Technical Reserve Funds, such as mandatory securities valuation reserve, other investment and operating contingency funds and/or miscellaneous voluntary reserves in liabilities.

Financial Size Category
Class I Up to $1,000,000
Class II $1,000,000 to $2,000,000
Class III $2,000,000 to $5,000,000
Class IV $5,000,000 to $10,000,000
Class V $10,000,000 to $25,000,000
Class VI $25,000,000 to $50,000,000
Class VII $50,000,000 to $100,000,000
Class VIII $100,000,000 to $250,000,000
Class IX $250,000,000 to $500,000,000
Class X $500,000,000 to $750,000,000
Class XI $750,000,000 to $1,000,000,000
Class XII $1,000,000,000 to $1,250,000,000
Class XIII $1,250,000,000 to $1,500,000,000
Class XIV $1,500,000,000 to $2,000,000,000
Class XV $2,000,000,000 or More

The A.M. Best Guide is the guidebook the insurance industry uses to determine the financial stability of an insurance company. A copy of the Best’s Guide report on the insurance companies quoted is available for your review.

While we strive to be certain that your insurance is placed with reputable, highly rated insurance companies, we have no way of guaranteeing the financial accuracy of the Best'’ Guide or the financial stability of any insurance company.

For these reasons, we recommend that you take into account the financial stability of all the insurance companies prior to making your selection as to who will write your insurance.

Financial Size Category
177
Item # C9.

Page 14 ends

This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions.

Coverage cannot be bound until a binder has been received.

Make Brown & Brown, Inc. aware of any and all incidents immediately after they occur, whether it be an auto accident, a theft, slip & fall, even a minor incident that appears will have no future activity. Do not wait for a police report.

Gather as much concrete information as possible. For example, police reports, company incident reports, conversation logs, medicals and pictures - anything that may assist in the handling of your claim. Send this information either by mail, e-mail or fax to:

Brown & Brown Insurance Services of CA, Inc.
2401 E. Katella., Suite 550,
Anaheim, CA 92806
Katia Thomas
(714)221-1844
(714) 221-4196 fax

If you have any questions or incur any problems, please call our office and we will be glad to assist in any way we can.

Claims Reporting Guidelines
178
Item # C9.

Page 15 ends

This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions.

Coverage cannot be bound until a binder has been received.

Policies which use fluctuating values as the exposure basis, i.e.: payroll or sales are subject to an audit. The company may visit your business to examine your records or ask you to complete a voluntary "mail in" audit. If at the time of the audit your exposures are different from what you estimated at the time your policy was written, you will receive a return premium credit or an additional premium billing.

If you subcontract any work, it is essential that the subcontractor provide you with a Certificate of Insurance indicating that insurance coverage is in place for General Liability, Workers Compensation, and Automobile Liability. If at the time of audit you do not have evidence of insurance from your subcontractors, you will be charged an additional premium for the payroll of the subcontractor on your policies. We recommend you require subcontractors to carry insurance via a contract.

Audits that generate an additional premium are due upon receipt. It is important that you review audits as soon as you receive them and advise us of any discrepancies in the exposures immediately so that we may inform the insurance carrier. If payment of the audit is not received by the insurance company on a timely basis, your coverage may be canceled and could adversely affect the future placement of insurance coverage.

We recommend that you review the actual exposures as compared to your estimated exposures quarterly and advise us of any significant variance.

What is an Audit?
179
Item # C9.

Page 16 ends

This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions.

Coverage cannot be bound until a binder has been received.

Compensation. In addition to the commissions or fees received by us for assistance with the placement, servicing, claims handling, or renewal of your insurance coverages, other parties, such as excess and surplus lines brokers, wholesale brokers, reinsurance intermediaries, underwriting managers and similar parties, some of which may be owned in whole or in part by Brown & Brown, Inc., may also receive compensation for their role in providing insurance products or services to you pursuant to their separate contracts with insurance or reinsurance carriers.

That compensation is derived from your premium payments. Additionally, it is possible that we, or our corporate parents or affiliates, may receive contingent payments or allowances from insurers based on factors which are not client-specific, such as the performance and/or size of an overall book of business produced with an insurer. We generally do not know if such a contingent payment will be made by a particular insurer, or the amount of any such contingent payments, until the underwriting year is closed. That compensation is partially derived from your premium dollars, after being combined (or “pooled”) with the premium dollars of other insureds that have purchased similar types of coverage. We may also receive invitations to programs sponsored and paid for by insurance carriers to inform brokers regarding their products and services, including possible participation in company-sponsored events such as trips, seminars, and advisory counci l meetings, based upon the total volume of business placed with the carrier you select. We may, on occasion, receive loans or credit from insurance companies. Additionally, in the ordinary course of our business, we may receive and retain interest on premiums you pay from the date we receive them until the date of premiums are remitted to the insurance company or intermediary. In the event that we assist with placement and other details of arranging for the financing of your insurance premium, we may also receive a fee from the premium finance company.

If an intermediary is utilized in the placement of coverage, the intermediary may or may not be owned in whole or part by Brown & Brown, Inc. or its subsidiaries. Brown & Brown entities operate independently a nd are not required to utilize other companies owned by Brown & Brown, Inc., but routinely do so. In addition to providing access to the insurance company, the Wholesale Insurance Broker/Managing General Agent may provide additional services including, but not limited to: underwriting; loss control; risk placement; coverage review; claims coordination with insurance company; and policy issuance. Compensation paid for those services is derived from your premium payment, which may on average be 15% of the pre mium you pay for coverage, and may include additional fees charged by the intermediary.

Questions and Information Requests: Should you have any questions, or require additional information, please contact this office at 1-800-228-7975 or, if you prefer, submit your question or request online at http://www.bbinsurance.com/customerinquiry/

Compensation Information
180
Item # C9.

Page 17 ends

This proposal is for illustration purposes only. Please refer to the policy for actual terms/conditions.

Coverage cannot be bound until a binder has been received.

Brown & Brown Insurance Services of California is happy to offer all clients a full suite of service not only for your business but also for your personal insurance needs.

Spectrum Service provides protection in the following areas:

Yes No

Employee Benefits

Medical, dental, vision, life and disability for your
employees
Yes No

Personal

Homeowners, auto, collectibles and more
Yes No

Contingency Planning

Life/Disability/Long Term Care
Yes No

Business Perpetuation

Buy-Sell/Key Man
Yes No

Financial Planning

Estate/Asset Protection • Retirement/Investment Planning

Brown & Brown Insurance Services
of California Spectrum of Services
181
Item # C9.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Approve and Authorize the City Manager to Enter into a Side Letter to Amend the Memorandum of Understanding between the City and LIUNA/UPEC Local 792, representing the Milpitas Employees Association (MEA) Unit, Mid-Management- Confidential Unit (Mid-Con), and the Professional and Technical Unit (ProTech) and to Approve and Authorize the City Manager to Enter into three Master Professional Services Agreements for On-Call Temporary Staffing Services (Staff Contact:

Jeannine Seher, Human Resources Director, 408-586-3086) Category: Consent Calendar-Leadership and Support Services Meeting Date: 6/14/2022
Recommendation: Approve and authorize the City Manager to enter into a Side Letter to amend the Memorandum of Understanding between the City and LIUNA/UPEC Local 792, representing the Milpitas Employees Association (MEA) Unit, Mid-Management-Confidential Unit (Mid-Con), and the Professional and Technical Unit (ProTech) and to approve and authorize the City Manager to enter into three four-year Master Professional Services Agreements for On-Call Temporary Staffing Services, with a Not to Exceed annual amount of $500,000 for each agreement.

Background:

Government Code 3500 et. al. requires the City to meet and confer in good faith over wages, hours, terms, and conditions of employment. This requirement extends to circumstances when the City has a need to contract out bargaining unit work , which may occur occasionally, to augment staffing - during times of recruitment for vacancies, staff absences due to illness or injury, in times of peak workloads or unanticipated increases in work volume. Historically, when a departmental need arises for temporary staffing services, the City has had to meet and confer on each circumstance, which is inefficient.

In order to streamline the process, on December 13, 2021 the City issued Request for Proposal (RFP) 22-044 for On-Call Temporary Personnel Services with the stated intent of contracting with one or more vendors to provide temporary staffing services. A total of 933 companies viewed the RFP, 44 downloaded the RFP and 24 companies submitted a response. The proposals were evaluated by a 3 -member panel composed of representatives from Human Resources, Recreat ion and Community Services, and , Economic Development.

The evaluation criteria included Qualification of the Firm, Staffing and Project Organization, Work Plan / Project Understanding, and the Cost Proposal. The City received twenty (2 4) submissions , of w hich four (4) were disqualified.. Staff completed an extensive evaluation process in order to score and ultimately select the top three (3) agencies. The final scores are as follows.

Company Name Tryfacta, Inc Infojini, Inc. Cynet Systems, Inc.

Score 86.33 85.67 83.33

In an effort to reach an agreement on the parameters of such contract (s), the City provided an opportunity to meet and confer, and where the parties were successful in reaching an agreement, side letters of agreement have been drafted.

Analysis: 182
Item # C10.

The City provided an opportunity to meet and confer to the International Association of Firefighters (IAFF) and to three bargaining groups represented by LIUNA, UPEC , 792 . The City and the IAFF did not reach an agreement.

The City and the three bargaining groups represented by LIUNA, UPEC 792 (MEA, MidCon and ProTech), met 6 times and exchanged proposals in an attempt to reach an agreement. The side letters reflect the discussions and agreement reached between the parties.

The City will enter into a four-year Master Professional Services Agreement, not to exceed $500,000 annually, with each of the following three (3) agencies:

1. Tryfacta, Inc.

2. Infojini, Inc.

3. Cynet Systems, Inc.

The benefit to this approach is that it will allow the City to enter into agreement with the staffing agencies without having to encumber additional funds. In order to utilize temporary staffing services, Departments will reallocate funds from their existing budgets or seek Council authority for additional funding at the time of need. Staff would like to make clear that the City is not seeking additional funding at this time, merely the ability to use already allocated funds from the budget in a potentially different way should needs arise to augment staffing during times of recruitment for vacancies, staff absences due to illness or injury, in times of peak workloads or unanticipated increases in work volume.

Policy Alternative:

Alternative: Maintain the status quo.

Pros: The City will save time on entering into three Master Professional Services Agreements.

Cons: Absent the adoption of the agreements, the City will be required to meet and confer when needs arise for temporary staffing services on an individual basis, which is ineffective and inefficient.

Reason for Not Recommending: The City has engaged in a good faith meet and confer process over the ability to contract out bargaining unit work and agreement has been reached with three of the four affected bargaining groups.

Fiscal Impact:

The City is not requesting additional funding as costs will be absorbed in departmental budgets by reallocating existing funds towards on-call Temporary Staffing Services should needs arise to augment staffing during times of recruitment for vacancies, staff absences due to illness or injury, in times of peak workloads or unanticipated increases in work volume.

California Environmental Quality Act:

Approval of the recommendation is not an activity defined as a “project” under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15061(b) (3) and 15378(b)(4) either because it can be seen with certainty that there is no possibilit y that the activity in question may have a significant effect on the environment and/or because the action is financial and/or administrative and do es not directly impact the environment.

Recommendation:

Approve and authorize the City Manager to enter into a Side Letter to amend the Memorandum of Understanding between the City and LIUNA/UPEC Local 792, representing the Milpitas Employees Association (MEA) Unit, Mid-Management-Confidential Unit (Mid -Con), and the Professional and Technical Unit (Pro Tech) and to 183
Item # C10.

approve and authorize the City Manager to enter into three four-year Master Professional Services Agreements for On-Call Temporary Staffing Services, with a Not to Exceed annual amount of $500,000 for each agreement.

Attachment:

1. Side Letter to MOU with MEA Unit, LIUNA/UPEC (792)

2. Side Letter to MOU with Mid-Con Unit, LIUNA/UPEC (792)

3. Side Letter to MOU with Pro-Tech Unit, LIUNA/UPEC (792)

4. Temporary Staffing Services Proposal Packet from Tryfacta, Inc.

5. Temporary Staffing Services Proposal Packet from Infojini, Inc.

6. Temporary Staffing Services Proposal Packet from Cynet Systems, Inc. 184
Item # C10.

SIDE LETTER OF AGREEMENT
between
City of Milpitas and LIUNA-UPEC 792/MEA

The City issued a Request for Proposal with the stated intent of contracting with one or more vendors to provide temporary staffing services to augment staffing during times of recruitment for vacancies, staff absences due to illness or injury, in times of peak workloads, or unanticipated increases in work volume. In an effort to reach an agreement on the parameters of such a contract, the parties have an interest in entering into a side letter agreement.

dŚŝƐ^ŝĚĞ>ĞƚƚĞƌŽĨŐƌĞĞŵĞŶƚŝƐĞŶƚĞƌĞĚŝŶƚŽďǇĂŶĚďĞƚǁĞĞŶƚŚĞŝƚǇŽĨDŝůƉŝƚĂƐ;͞ŝƚǇ͟ͿĂŶĚƚŚĞ LIUNA-UPEC 792/MEA ;͞Union͟Ϳ͕ĐŽůůĞĐƚŝǀĞůǇŬŶŽǁŶĂƐ͞dŚĞWĂƌƚŝĞƐ.͟For purposes of this side letter ĂŐƌĞĞŵĞŶƚ͕Ă͞sĞŶĚŽƌ͟ŝƐƚŚe firm selected to provide temporary staffing services. An employee who works for the vendor to provide such temporary services is referred to as a Temporary Employee.

Subject to the City of Milpitas City Council approval, the Parties agree to the followi ng terms and conditions outside of the MOU:

The City shall enter into a contract with vendor(s) subject to the following parameters:

1. The list of classifications the City may fill with a temporary employee from a contract vendor shall be limited to those identified in the RFP. Should the City wish to expand the list of classifications, it shall notify the Union and provide the opportunity to meet and confer.

2. The vendor(s) selected as a result of the Temporary Services RFP shall not be used to provide staff to permanently replace regular budgeted City positions. Should the City wish to outsource a function, it shall notify the Union and provide the opportunity to meet and confer, as required by law.

3. Temporary work provided by vendor temporary employees through this agreement shall be limited as follows:
a. Peak Workload WĞƌŝŽĚƐ͗/ĨŚŝƌĞĚƚŽĂƵŐŵĞŶƚƐƚĂĨĨĨŽƌ͞ƉĞĂŬ͟ǁŽƌŬůŽĂĚƉĞƌŝŽĚƐ͕ƚŚĞ position shall be limited to a total of 720 hours per calendar year. b. Active Recruitment: If hired to backfill behind a staff vacancy, the position shall be limited to 959 hours per calendar year.
c.
ŵƉůŽǇĞĞďƐĞŶĐĞ͗/ĨŚŝƌĞĚƚŽďĂĐŬĨŝůůďĞŚŝŶĚĂŶĞŵƉůŽǇĞĞ͛ƐůŽŶŐ-term absence, no more than the length of such absence. A position being contracted shall not be allowed to exceed 959 hours without the prior authorization of the Human Resources Director and the Union.
d. Projects: If hired to complete a special project, the time is limited to the duration to complete the project, and not to exceed 959 hours per calendar year.

4. The City agrees to provide invoices monthly to the Union showing the hours worked by temporary employees in a manner agreed upon as a result of the contract with the City. a. The information provided to the Union shall include:
i. The total year-to-date hours worked by each contracted employee. ii. dŚĞĞŵƉůŽǇĞĞ͛ƐŚŽƵƌůǇƉĂǇƌĂƚĞ͘
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iii. The hourly bill rate to the City.

5. Prior to any workload being given to a temporary contracted employee, when possible, the workload shall be first offered to bargaining unit employees in the appropriate classifications, including via overtime opportunit ies, out-of-class assignment, and/or special assignment (MEA), if it is feasible based on department needs. Employees shall not be obligated to accept out-of- class or special assignments.

6. Whenever a bargaining unit position is contracted through a temp ag ency pursuant to this agreement, The City shall notify L IUNA representatives of the decision to contract work via this agreement and include the following information:
a. The date the temporary employee started.
b. The scope of the work being contracted out.
c. The reason for contracting the work (Peak workload, active recruitment, employee absence, or special project).
d. The expected duration of the work.

7. The City shall issue L IUNA representatives a monthly ͞ǀĂĐĂŶĐǇ ƌĞƉŽƌƚ͟ &ŽůůŽǁŝŶŐ ƚŚŝƐmonthly report, the City shall agree to meet with the Union upon request to discuss concerns stemming from the report.

8. The City recognizes the value of employees being gathered in the workplace to conduct City business but also understands the desire to have increased flexibility by providing teleworking options. The City does not expect to have temporary vendor staff working remotely for a significant portion or all of the workweek on a frequent basis. The City will notify the union when a temporary contract employee is telework ing a majority of the workweek. The City agrees to meet with the Union upon request to discuss any concerns.

For the City:

Jeannine M. Seher
Human Resources Director
Date

Steven McHarris
City Manager
Date

For the Union:

Ryan Heron
Union Representative, LIUNA
Date

Robert DeLong
MEA President
Date

5/17/2022
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SIDE LETTER OF AGREEMENT
between
City of Milpitas and LIUNA-UPEC 792/Pro-Tech

This Side Letter of Agreement is entered into by and between the City of Milpitas (“City”) and the LIUNA-UPEC 792/Pro-Tech (“Union”) collectively known as “The Parties .” For purposes of this side letter agreement, a “Vendor” is the firm selected to provide temporary staffing services. An employee who works for the vendor to provide such temporary services is referred to as a Temporary Employee.

Subject to the City of Milpitas City Council approval, the Parties agree to the following terms and conditions outside of the MOU:

The City shall enter into a contract with vendor(s) subject to the following parameters:

3. Temporary work provided by vendor temporary employees through this agreement shall be limited as follows:
a. Peak Workload Periods: If hired to augment staff for “peak” workload periods, the position shall be limited to a total of 720 hours per calendar year. b. Active Recruitment: If hired to backfill behind a staff vacancy, the position shall be limited to 959 hours per calendar year.
c. Employee Absence: If hired to backfill behind an employee’s long-term absence, no more than the length of such absence. A position being contracted shall not be allowed to exceed 959 hours without the prior authorization of the Human Resources Director and the Union.
d. Projects: If hired to complete a special project, the time is limited to the duration to complete the project, and not to exceed 959 hours per calendar year.

4. The City agrees to provide invoices monthly to the Union showing the hours worked by temporary employees in a manner agreed upon as a result of the contract with the City. a. The information provided to the Union shall include:
i. The total year-to-date hours worked by each contracted employee. ii. The employee’s hourly pay rate.
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iii. The hourly bill rate to the City.

5. Prior to any workload being given to a temporary contracted employee, when possible, the workload shall be first offered to bargaining unit employees in the appropriate classifications, including via overtime opportunit ies, out-of-class assignment, and/or special assignment, if it is feasible based on department needs. Employees shall not be obligated to accept out-of-class or special assignments.

6. Whenever a bargaining unit position is contracted through a temp agency pursuant to this agreement, The City shall notify L IUNA representatives of the decision to contract work via this agreement and include the following information:
a. The date the temporary employee started.
b. The scope of the work being contracted out.
c. The reason for contracting the work (Peak workload, active recruitment, employee absence, or special project).
d. The expected duration of the work.

7. The City shall issue L IUNA representatives a monthly “vacancy report” Following this monthly report, the City shall agree to meet with the Union upon request to discuss concerns stemming from the report.

8. The City recognizes the value of employees being gathered in the workplace to conduct City business but also understands the desire to have increased flexibility by providing teleworking options. The City does not expect to have temporary vendor staff working remotely for a significant portion or all of the workweek on a frequent basis. The City will notify the union when a temporary contract employee is telewor king a majority of the workweek. The City agrees to meet with the Union upon request to discuss any concerns.

For the City:

Jeannine M. Seher
Human Resources Director
Date

Steven McHarris
City Manager
Date

For the Union:

Ryan Heron
Union Representative, LIUNA
Date

Avery Stark
ProTech President
Date

5/16/2022
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1 MASTER SERVICES AGREEMENT

BETWEEN THE

CITY OF MILPITAS AND TRYFACTA INC

This Agreement is made and entered into as of __________________ (“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 Tryfacta, Inc. a California corporation with its principal place of business at 4637 Chabot Drive, suite 100, Pleasanton, CA 94588 (hereinafter referred to as “Contractor”). City and Contractor 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:

On-Call Temporary Personnel Services
(hereinafter referred to as “the Project”).

B. Contractor submitted its qualifications to City to provide On-Call Temporary Personnel Services on an as-needed basis and is one of several Contractors selected by City to provide services C. Contractor is duly licensed and has the necessary qualifications to provide such services.

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

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Contractor shall provide the City with the services described in the Scope of Servi ces attached hereto as Exhibit A. City will notify Contractor when it needs services that it believes Contractor is qualified to provide. Nothing herein obligates City to notify Contractor about every temporary staffing need. City reserves the right to solicit the services described in Exhibit A from any provider or no provider at all.

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the rates set forth in the Schedule of Charges set forth in Exhibit B. Each month, Contractor shall furnish to the City a statement of the work performed for compensation during the preceding month. All work is subject to City review and approval prior to payment.
b. In no event shall the total amount paid for services rendered by Contractor under this Agreement exceed the sum of Five Hundred Thousand Dollars and Zero Cents ($500,000.000). 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 191
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2 description of the work performed. Payments to Contractor for work performed will be made on a monthly billing basis.

3. Additional Work.

If changes in the work seem merited by Contractor or the Ci ty, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Contractor with a statement of estimated changes 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 and services provided shall be maintained by Contractor and made avail able at all reasonable times during the Agreement term and for three (3) years from the date of final payment under the Agreement for inspection by City.

5. Term.

The term of this Agreement shall be from July 1, 2022 to June 30, 2026 , 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.

6. Delays in Performance.
a. Neither City nor Contractor shall be considered i n 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, give 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. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Contractor shall assist the City, as requested, in obtaining and maintaining all permits required of Contractor by federal, state and local regulatory agencies. c. If applicable, Contractor 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.

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3 8. Standard of Care
Contractor’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 Sub-Contractor
Contractor shall not assign, sublet, transfer, or subcontract 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.

10. Independent Contractor
Contractor is retained as an independent contractor and is not an employee of City . No employee or agent of Contractor shall become an employee of City, except as set forth in Exhibit A section 1.l.. 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. Contractor shall not commence work for the City until it has provided evidenc e 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 subcontract until it has secured all insurance required therein.

12. Indemnification.
a. To the fullest extent permitted by law, Contractor shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, voluntee rs, 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 per sons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, Contractors or agents in connection with the performance of the Contractor’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. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor, the City, its officials, officers, employees, agents, or volunteers.

b. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’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, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for s uch claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.

13. 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 193
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4 Laws, and if the total compensation is One Thousand Dollars and Zero Cents ($1,000.00) or more, Contractor agrees to fully comply with 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 sub-Contractors 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 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 a pplicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all sub- Contractors performing such services must be registered with the Department of Industrial Relations. Contractor shall main tain registration for the duration of the Project and require the same of any sub-Contractors, as applicable. Notwithstanding the foregoing, the contractor 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 Contractor’s sole responsibility to comply with all applicable registration and labor compliance requireme nts. Any stop orde rs 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 delay 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 Industrial Relations against Contractor or any subcontractor.

14. Verification of Employment Eligibility.

By executing this Agreement, Contractor 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 sub-Contractors and sub-Contractors 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 to Contractor. City shall pay Contractor 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 Contractor 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 194
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5 which are specified herein. Contractor shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Contractor 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 Contractor. c. 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 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. Contractor’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 described in this Agreement, be furnished to and become the property of the City.

18. Organization
Contractor shall assign Arman Dhar 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
455 E. Calaveras Boulevard
Milpitas, California 95035
Attn: Jeannine Seher, Human Resources
Director
CONTRACTOR:

Tryfacta, Inc.
4637 Chabot Drive, suite 100
Pleasanton, CA 94588
Attn: Arman Dhar

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 Contractor.
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6 22. Equal Opportunity Employment.

Contractor 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 employment, 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 Contractor 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, inducement s, 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 inur e to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Contractor 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 Contractors
City reserves its right to employ other Contractors, including engineers, in connection with this Project or other projects.

29. 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 co nsideration 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, 196
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7 no director, official, 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.

30. Wage Theft Prevention
a. Contractor, and any sub-Contractor 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, 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 SUB CONTRACTORS HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. CONTRACTOR FURTHER AFFIRMS

THAT IT OR ITS SUB CONTRACTOR(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 SUB CONTRACTOR(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.
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 sub -Contractor 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 sub-Contractor(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 sub-Contractor is subject to a payment or other alternative plan, the Contractor or its sub-Contractor 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 agen cies 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 co mply 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 notice provisions in this Agreement and, accordingly, only notice provided to the above ad dress satisfies the notice requirements in this Section.
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8 [SIGNATURES ON FOLLOWING PAGE]
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9 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE

CITY OF MILPITAS AND TRYFACTA INC

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
Finance Director / Risk Manager

Approved As To Content:

Jeannine Seher, Human Resources
Director

TRYFACTA INC

Signature

Name

Title

Date

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10 EXHIBIT A
Scope of Services

The scope of services described herein is the minimum necessary to meet the City’s objectives. The shall be able to provide some or all services as laid out below in this scope of services and provide personnel who are competent and capable of performing the necessary tasks generally associated with the job classification types specified in Exhibit B- City Job Classification Table.

The Contractor is expected to expand on the scope by incorporating their expertise and proposed method of approach.

SCOPE OF SERVICES

1. The scope of services by the Contractor shall include, but is not limited to:
a. Providing temporary staffing for administrative, clerical, and technical categories. b. The ability to provide a pool of personnel sufficient to meet the CITY’s temporary staffing needs with a minimum notice of forty-eight hours.
c. Comparing job requirements with worker qualifications and submitting resumes of temporary staff as requested.
d. Conducting background and reference checks, and drug screening of personnel, at no additional cost to the City.
e. Ensuring temporary staff have been vaccinated for COVID-19, annually or as otherwise required by the City.
f. Identifying prior CalPERS membership of all temporary staff to be assigned to the City to assist in ensuring the City adheres to CalPERS enrollment guidelines. If temporary staff has prior CalPERS membership, identify the number of hour previously worked in the fiscal year (July 1 - June 30). g. Administering and maintaining all employment and payroll records, payroll processing, and payment of payroll checks and taxes, including the deductions required by state, federal and local laws such as social security and withholding taxes for personnel employed by Contractor. h. Making all unemployment compensation contributions to Contractor’s employee(s) as required by federal and state law and process claims.
i. Covering all costs related to Consultant’s employee(s) responsibilities for workers' compensation coverage required by federal and state law and process claims.
j. Arranging for the CITY, if requested by CITY staff, to meet with the temporary staffing candidate, at the Contractor’s expense, for a period of up to one (1) hour. The City would like the option for the department to be able to interview an employee prior to placement to ensure a good fit. The Contractor agrees to compensate the employee for an hour of their time for this purpose. The one-hour therefore, is for the purposes of holding an interviewing, not a response time for the vendor to find the placement. k. If staff have inadequate performance or other performance or behavioral issues, Contractor must be able to provide for a replacement within 24 - 48 hours.
l. Contractor will allow City the option of converting temporary employees to permanent hires after 90 days of employment, at no cost to City.
m. Services will be initiated utilizing Exhibit E- Task Order Form. 200
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11 n. The City requires that billing be made for each requesting department designated on the Task Order Form.

Invoices will reflect the task order numbers being billed for each requesting department.

2. Provide Cost Proposal for temporary staffing services for a four (4) year contract period to perform the above mentioned services on an as-needed and intermittent basis. a. Identify Contractor’s classification or position titles that Contractor is able to fill to meet the City classification needs as identified in Exhibit B- City Job Classification Table. b. All expenses shall be included in the proposed hourly billing rate, and shall include the hourly wage paid to an assigned personnel and the Contractor’s overhead, but shall not include reimbursements for travel costs or travel time.

CONTRACTOR RESPONSIBILITIES

1. Work Order Process: Contractor will only accept work orders for temporary personnel from the designated City of Milpitas (COM) HR Department employee.

2. Minimum Qualification Review: Contractor must screen and test all personnel referred to COM for temporary assignments, pursuant to COM’s test criteria and pre-employment standards, before placement is made.

3. Recruitment Search, Advertising, Networking, Screening: Contractor will identify three to five candidates from their own network, within one business day of the request, to be interviewed by a COM hiring manager. Contractor will pay for any necessary advertising and marketing to procure finalists.

Contractor will ensure availability and interests of candidates, and review credentials of each applicant based on resume, referral sources, and telephone interviews. Contractor will require that all candidates complete a background check which includes education, work and criminal history and ensure that candidates are fingerprinted, at Contractor’s cost, prior to their start date with COM. The City will have the final say as to the suitability of the candidate with respect to their background clearance.

4. Final Reference Checks: Contractor will complete a detailed reference check of each of the finalist candidates. A minimum of three references must be checked for each finalist, one of which must have had a supervisory relationship to the employee.

5. Timecards: Contractor must submit timecards to COM on a weekly basis for approval. Contractor must provide computerized billings on a monthly basis. A copy of the approved timecards must be submitted with the monthly billing. Billing must specify employee name, hours worked and department.

6. Termination of Candidate’s Employment: : If COM experiences performance issues with the selected candidate and terminates the temporary employee, the Contractor will provide a replacement employee to COM, also at no additional charge.

7. Status Reports: Contractor will provide COM with status reports on a monthly (or other agreed upon) basis, in a format approved by COM. Status reports must include the date the request was made; the date of placement; length of placement; cost of placement; job title of placement; hourly billing rate paid; department where placement was made and the name of the requestor.

8. Optional Permanent Hiring of Temporary Employees: There shall be no restrictions on the City or penalties or fees imposed by the proposer, should a temporary employee be hired to City employment.

CITY RESPONSIBILITIES
The City will assign a Project Director, or designee who will coordinate City activities with the activities of the Contractor. All contracts within the City must be arranged through the Project Director, or designee. 201
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12 The City will provide access to position classification descriptions as found on the City website, as needed by the Proposer to determine the requirements for the position. Refer to Exhibit B- City Job Classification Table for the job classifications that are part of this solicitation.

The City will determine the hourly base pay rates for each placement.

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13 EXHIBIT B
Schedule of Charges/Payments

Contractor will invoice City on a monthly cycle. Contractor will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Contractor will inform City regarding any out - of-scope work being performed by Contractor. This is a time-and-materials Agreement.

Breakdown of Cost
Contractor. is committed to provide on-call temporary personnel services for the position defined in the City Job Classification Table-Exhibit A for RFP- 22-044. Please see below the breakdown of cost mark-up, which shall be used to meet City of Milpitas, CA 95035-5411 needs for tasks outlined in the RFP- 22-044.

Breakdown of Cost Percentage
Statutory Expenses
Payroll Taxes 14.00%
Operating Expenses
Administrative Fees 5.00%
Worker Compensation Insurance 2.00%
Recruitment Fees 5.00%
Miscellaneous Fees 4.00%
Profit Mark-up 5.00%

Total

35.00%

[CITY JOB CLASSIFCATION TABLE ON FOLLOWING PAGE]

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City Job Title Contractor’s Comparable Job Title Hourly Rate Year 1
Hourly Rate
Year 2
Hourly Rate
Year 3
Hourly Rate
Year 4
Percent Increase in
hourly rate from
Year 1 to Year 4
Administrative Analyst I Administrative Analyst I $38.94 $41.67 $44.58 $47.70 22.50% Administrative Analyst II Administrative Analyst II $45.89 $49.10 $52.54 $56.22 22.50% Administrative Assistant Administrative Assistant $38.94 $41.67 $44.58 $47.70 22.50% Assistant Civil Engineer Assistant Civil Engineer $58.41 $62.50 $66.87 $71.55 22.50% Associate Engineer Associate Engineer $84.38 $90.29 $96.61 $103.37 22.50% Budget Manager Budget Manager $97.36 $104.18 $111.47 $119.27 22.50% Building Inspector Building Inspector $77.88 $83.33 $89.16 $95.41 22.50% Building Permit Technician Building Permit Technician $55.17 $59.03 $63.16 $67.59 22.50% Buyer Buyer $48.68 $52.09 $55.73 $59.64 22.50%
Customer Services Supervisor Customer Services Supervisor $55.17 $59.03 $63.16 $67.59 22.50% Engineering Aide Engineering Aide $42.19 $45.14 $48.30 $51.68 22.50% Engineering Permit Technician Engineering Permit Technician $51.92 $55.55 $59.44 $63.60 22.50% Executive Assistant Executive Assistant $48.68 $52.09 $55.73 $59.64 22.50% Finance Manager Finance Manager $90.87 $97.23 $104.04 $111.32 22.50% Financial Analyst I Financial Analyst I $48.68 $52.09 $55.73 $59.64 22.50% Financial Analyst II Financial Analyst II $55.17 $59.03 $63.16 $67.59 22.50% Fire Inspector Fire Inspector $55.17 $59.03 $63.16 $67.59 22.50% Human Resources Analyst I Human Resources Analyst I $45.43 $48.61 $52.01 $55.65 22.50% Human Resources Analyst II Human Resources Analyst II $51.92 $55.55 $59.44 $63.60 22.50% Human Resources Assistant Human Resources Assistant $35.70 $38.20 $40.87 $43.73 22.50% Human Resources Technician Human Resources Technician $36.45 $39.00 $41.73 $44.65 22.50% Information Services Analyst Information Services Analyst $64.90 $69.44 $74.30 $79.51 22.50% Junior Accountant Junior Accountant $47.25 $50.56 $54.10 $57.88 22.50% Junior Civil Engineer Junior Civil Engineer $46.73 $50.00 $53.50 $57.25 22.50% Maintenance Custodian I Maintenance Custodian I $33.75 $36.11 $38.64 $41.35 22.50% Maintenance Custodian II Maintenance Custodian II $38.94 $41.67 $44.58 $47.70 22.50% Maintenance Worker I Maintenance Worker I $32.40 $34.67 $37.09 $39.69 22.50% Maintenance Worker II Maintenance Worker II $39.23 $41.98 $44.91 $48.06 22.50% Meter Reader Meter Reader $38.94 $41.67 $44.58 $47.70 22.50% Exhibit A: The City is looking for Contractor(s) who can, at a minimum, provide services comparable to a majority of the following City Classifications. Please check City’s website for full class descriptions. If Contractor does not have workers who can provide comparable services, please indicate with an N/A. For each of the years, please identify hourly rates for each Job Title.

Column #7 - Percent Increase - Should reflect the Total Percentage increase over the life of the contract (years 1 through 4).

Overtime rate will be 1 ½ times the hourly rate. Weekend and Holiday rate will be 2 times the hourly rate. 204
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Office Assistant I Office Assistant I $32.40 $34.67 $37.09 $39.69 22.50% Office Assistant II Office Assistant II $36.35 $38.89 $41.62 $44.53 22.50% Office Specialist Office Specialist $44.55 $47.67 $51.01 $54.58 22.50% Payroll Specialist Payroll Specialist $40.50 $43.34 $46.37 $49.61 22.50% Plan Checker Plan Checker $73.44 $78.58 $84.08 $89.97 22.50% Principal Engineer Principal Engineer $97.36 $104.18 $111.47 $119.27 22.50% Public Services Assistant I Public Services Assistant I $35.70 $38.20 $40.87 $43.73 22.50% Public Services Assistant II Public Services Assistant II $43.20 $46.22 $49.46 $52.92 22.50% Purchasing Agent Purchasing Agent $38.94 $41.67 $44.58 $47.70 22.50% Senior Accountant Senior Accountant $64.90 $69.44 $74.30 $79.51 22.50% Senior Accounting Technician Senior Accounting Technician $45.43 $48.61 $52.01 $55.65 22.50% Senior Administrative Analyst Senior Administrative Analyst $54.00 $57.78 $61.82 $66.15 22.50% Senior HR Analyst Senior HR Analyst $58.41 $62.50 $66.87 $71.55 22.50% Sr. Information Analyst/Dev Sr. Information Analyst/Dev $77.88 $83.33 $89.16 $95.41 22.50% Sr. Project Manager Sr. Project Manager $148.50 $158.90 $170.02 $181.92 22.50% Sr. Public Services Assistant Sr. Public Services Assistant $55.17 $59.03 $63.16 $67.59 22.50% Staff Assistant Staff Assistant $37.80 $40.45 $43.28 $46.31 22.50% 205
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14 EXHIBIT C
Activity Schedule
[RESERVED]

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15 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 Contractor’s Agreement.

Contractor or Contractor 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 Contractor, its agents, representatives, employees or subcontractors.

Contractor or Contractor 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 Contractor 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 t o be received and approved by City before work commences. City has the right to require Contractor’s or Contractor’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, b odily 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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16 _X__ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), of if Contractor or Contractor 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 Contractor, regardless of where the vehicles are kept or driven.

Professional Liability (Errors and Omissions):

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

Workers’ Compensation Insurance:

_X__ Insurance as required by the State of Cali fornia, 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 Contractor 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 Contractor’s Pollution Legal Liability:

___ Contractor’s or Contractor’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. 208
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17 If the Contractor or Contractor 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 Contractor. 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 Contractor or Contractor 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 t o 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
____ Performance Bond
____ Payment Bond

The Payment Bond and Performance Bond shall be i n 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 shal l 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 209
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18 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 Contractor 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.

_X__ Waiver of Subrogation:

Contractor or Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor or Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor or Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this p rovision 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 Contractor, 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 m inimum 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 Contractor to purchase coverage with a lower deductible or retention 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 Contractor 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. 210
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19 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 prior to the contract effective date, the Contractor or Contractor 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 Contractor shall require and verify that all subcontractors maint ain 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:
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20 Contractor or Contractor 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 Contractor’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:

Each insurance policy required above shall contain or be endorsed to contain that the Contractor’s or Contractor’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.

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21 Exhibit E

[TASK ORDER FORM ON FOLLOWING PAGE]

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Job Classification : ___________________________

Shift Days: ______________________ Shift Hours/Per Week: __________

Shift Hours: _____________________

Hourly Rate to be Billed to the City: $

TASK ORDER
The Contractor hereby agrees to perform the Services authorized herein in accordance with all the terms and conditions of the Contract. The Contractor shall furnish the necessary professional and technical personnel and materials required to complete this work.

Task Order No. __________ (HR to provide)
Contractor: _______________________ Requesting Department: ______________________

Term: Effective: / / and continue in effect through ___/____/_____

Funding Source

Fund: ______ Function: ______ Object Code: ______

Personnel: attach Resume

Approvals
Project Manager: Department Head:

Executed by:

City of Milpitas Contractor Name
Signature Date Signature Date
Printed Name & Title Printed Name & Title

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1 MASTER SERVICES AGREEMENT

BETWEEN THE

CITY OF MILPITAS AND INFOJINI INC

This Agreement is made and entered into as of __________________ (“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 Infojini, Inc. a California corporation with its principal place of business at 10015 Columbia Road, Suite 301, Columbia, MD 21046 (hereinafter referred to as “ Contractor”). City and Contractor 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:

On-Call Temporary Personnel Services
(hereinafter referred to as “the Project”).

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

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in acco rdance with the rates set forth in the Schedule of Charges set forth in Exhibit B. Each month, Contractor shall furnish to the City a statement of the work performed for compensation during the preceding month. All work is subject to City review and approval prior to payment.
b. In no event shall the total amount paid for services rendered by Contractor under this Agreement exceed the sum of Five Hundred Thousand Dollars and Zero Cents ($500,000.000). 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 215
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2 description of the work performed. Payments to Contractor for work performed will be made on a monthly billing basis.

3. Additional Work.

If changes in the work seem merited by Contractor or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Contractor with a statement of estimated changes 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 and services provided shall be maintained by Contractor and made available at all reasonable times during the Agreement term and for three (3) years from the date of final payment under the Agreement for inspection by City.

5. Term.

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10. Independent Contractor
Contractor is retained as an independent contractor and is not an employee of City . No employee or agent of Contractor shall become an employee of City, except as set forth in Exhibit A section 1.l.. The work to be performed shall be in accordance with the work desc ribed in this Agreement, subject to such directions and amendments from City as herein provided.

11. 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 subcontract until it has secured all insurance required therein.

12. Indemnification.
a. To the fullest extent permitted by law, Contractor 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 injur y of any kind, in law or equity, to property or per sons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontra ctors, Contractors or agents in connection with the performance of the Contractor’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 expens es. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor, the City, its officials, officers, employees, agents, or volunteers.

b. If Contractor’s obligation to defend, indemnify, and/or hold ha rmless arises out of Contractor’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, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdictio n, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.

4 Laws, and if the total compensation is One Thousand Dollars and Zero Cents ($1,000.00) or more, Contractor agrees to fully comply with 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 L aws. It shall be mandatory upon the Contractor and all sub-Contractors 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 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 Contractor and all sub- Contractors performing such services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any sub-Contractors, as applicable. Notwithstanding the foregoing, the contractor 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 Contractor’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 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 delay 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 Industrial Rela tions against Contractor or any subcontractor.

14. Verification of Employment Eligibility.

By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment o f 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 sub-Contractors and sub-Contractors to comply with the same.

15. Laws and Venue.

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
Contractor shall assign Sandeep Harjani 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

CITY:

City of Milpitas
455 E. Calaveras Boulevard
Milpitas, California 95035
Attn: Jeannine Seher, Human Resources
Director
CONTRACTOR:

Infojini, Inc.
10015 Columbia Road, Suite 301
Columbia, MD 21046
Attn: Sandeep Harjani, President

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 Contractor.
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6 22. Equal Opportunity Employment.

23. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Contractor 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, indu cements, 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 shal l inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Contractor 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 Contractors
City reserves its right to employ other Contractors, including engineers, in connection with this Project or other projects.

29. 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 resu lting 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, 220
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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 SUB CONTRACTORS HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. CONTRACTOR FURTHER AFFIRMS

THAT IT OR ITS SUB CONTRACTOR(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 SUB CONTRACTOR(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.
c. If at any time during the term of this Agreement, a cour t or investigatory government agency issues a final judgment, decision or order finding that Contractor or a sub -Contractor 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 sub-Contractor(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 sub-Contractor is subject to a payment or other alternative plan, the Contractor or its sub-Contractor 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 agen cies 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 th is 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 notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the noti ce requirements in this Section.
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8 [SIGNATURES ON FOLLOWING PAGE]
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9 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE

CITY OF MILPITAS AND INFOJINI INC

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
Finance Director / Risk Manager

Approved As To Content:

Jeannine Seher, Human Resources
Director

INFOJINI INC

Signature

Name

Title

Date

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10 EXHIBIT A
Scope of Services

The Contractor is expected to expand on the scope by incorporating their expertise and proposed method of approach.

SCOPE OF SERVICES

11 n. The City requires that billing be made for each requesting department designated on the Task Order Form.

Invoices will reflect the task order numbers being billed for each requesting department.

CONTRACTOR RESPONSIBILITIES

1. Work Order Process: Contractor will only accept work orders for temporary personnel from the designated City of Milpitas (COM) HR Department employee.

8. Optional Permanent Hiring of Temporary Employees: There shall be no restrictions on the City or penalties or fees imposed by the proposer, should a temporary employee be hired to City employment.

The City will determine the hourly base pay rates for each placement.

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13 EXHIBIT B
Schedule of Charges/Payments

All expenses are included in the proposed hourly billing rate, and shall include the hourly w age paid to an assigned personnel and the Contractor’s overhead, but shall not include reimbursements for travel costs or travel time.

Contractor’s hourly fee structure to be charged from the client includes a fixed fee which consist of the flat Markup fee and Candidate pay rate of the consultant from the client. Markup includes Fringe benefits, G&A and profit as follows:

Fringe Benefits, G&A and Overhead: Employer contributed Social Security, Medicare, SUTA, FUTA, Health Insurance and paid time off including Authority holidays and vacation, Accounting and payroll cost of HR, Project Manager, immigration sponsorship (if required), and employee engagement, any other benefits.

[CITY JOB CLASSIFCATION TABLE ON FOLLOWING PAGE]

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City of Milpitas
On – Call Temporary Personnel Services
RFP Number:22-044

Due Date 18th January 2022 Page 1
Use or disclosure of data contained on this sheet is subject to the restrictions on title page of this proposal

1 COST PROPOSAL
We have an hourly fee structure to be charged from the client. We have strong and proven track record to deliver best staffing resources to different federal, state and county agencies since 2006. We charge a fixed fee which consist of the flat Markup fee and pay rate of the consultant from the client.

Following is Infojini Inc.’s pricing structure to determine the total cost:

Exhibit A: The City is looking for Contractor(s) who can, at a minimum, provide services comparable to a majority of the following City Classifications. Please check Ci ty’s website for full class descriptions. If Contractor does not have workers who can provide comparable services, please indicate with an N/A. For each of the years, please identify hourly rates for each Job Title.

Column #7 - Percent Increase - Should reflect the Total Percentage increase over the life of the contract (years 1 through 4).

Overtime rate will be 1 ½ times the hourly rate. Weekend and Holiday rate will be 2 times the hourly rate.

City Job Title
Contractor’s
Comparable
Job Title
Hourly
Rate
Year 1
Hourly
Rate
Year 2
Hourly
Rate
Year 3
Hourly
Rate Year
4 Percent Increase
in hourly rate
from Year 1 to
Year 4

Administrative
Analyst I
Administrative
Analyst I $ 45 $ 45.9 $ 46.82 $ 47.75 6% (2% each year)

Administrative
Analyst II
Administrative
Analyst II $ 55 $ 56.1 $ 57.22 $ 58.36

Administrative
Assistant
Administrative
Assistant $ 42 $ 42.8 $ 43.69 $ 44.57

Assistant Civil
Engineer
Assistant Civil
Engineer $ 65 $ 66.3 $ 67.62 $ 68.97

Associate
Engineer
Associate
Engineer $ 51 $ 52.02 $ 53.06 $ 54.121

Budget
Manager
Budget
Manager $ 83.95 $ 85.62 $ 87.34 $ 89.08

Building
Inspector
Building
Inspector $ 58 $ 59.16 $ 60.34 $ 61.55

Candidate Rate
(X)
Markup
(30%)
Total Cost
(X+30%of X)
Fringe
Benefits
G&A and
Overheads
Profit Markup
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On – Call Temporary Personnel Services
RFP Number:22-044

Due Date 18th January 2022 Page 2
Use or disclosure of data contained on this sheet is subject to the restrictions on title page of this proposal

Building Permit
Technician
Building
Permit
Technician
$ 35 $ 35.7 $ 36.41 $ 37.14

Buyer Buyer $ 50 $ 51 $ 52.02 $ 53.06
Customer
Services
Supervisor
Customer
Services
Supervisor
$ 60 $ 61.2 $ 62.41 $ 63.67

Engineering
Aide
Engineering
Aide $ 51.22 $ 52.24 $ 53.28 $ 54.35

Engineering
Permit
Technician
Engineering
Permit
Technician
$ 46.11 $ 47.03 $ 47.97 $ 48.93

Executive
Assistant
Executive
Assistant $ 45 $ 45.9 $ 46.81 $ 47.75

Finance
Manager
Finance
Manager $ 88.47 $ 90.23 $ 92.04 $ 93.88

Financial
Analyst I
Financial
Analyst I $ 53.77 $ 54.84 $ 55.94 $ 57.06

Financial
Analyst II
Financial
Analyst II $ 59.39 $ 60.57 $ 61.78 $ 63.02

Fire Inspector Fire Inspector $ 72 $ 73.44 $ 74.90 $ 76.40 Human
Resources
Analyst I
Human
Resources
Analyst I
$ 35 $ 35.7 $ 36.41 $ 37.14

Human
Resources
Analyst II
Human
Resources
Analyst II
$ 45 $ 45.9 $ 46.81 $ 47.75

Human
Resources
Assistant
Human
Resources
Assistant
$ 31 $ 31.62 $32.25 $ 32.89

Human
Resources
Technician
Human
Resources
Technician
$ 45.95 $ 46.86 $ 47.80 $ 48.76

Information
Services Analyst
Information
Services
Analyst
$ 72.94 $

74.39 $ 75.88 $ 77.40

Junior
Accountant
Junior
Accountant $ 45 $ 45.9 $ 46.81 $ 47.75

Junior Civil
Engineer
Junior Civil
Engineer $ 55 $ 56.1 $ 57.22 $ 58.36

Maintenance
Custodian I
Maintenance
Custodian I $ 31.39 $ 32.01 $ 32.65 $ 33.31

Maintenance
Custodian II
Maintenance
Custodian II $ 34.53 $ 35.22 $ 35.92 $ 36.64

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On – Call Temporary Personnel Services
RFP Number:22-044

Due Date 18th January 2022 Page 3
Use or disclosure of data contained on this sheet is subject to the restrictions on title page of this proposal

Maintenance
Worker I
Maintenance
Worker I $ 34.53 $ 35.22 $ 35.92 $ 36.64

Maintenance
Worker II
Maintenance
Worker II $ 37.98 $ 38.73 $ 39.51 $ 40.30

Meter Reader Meter Reader $ 29 $ 29.58 $ 30.17 $ 30.77
Office Assistant
I
Office
Assistant I $ 33.66 $ 34.33 $ 35.01 $ 35.72

Office Assistant
II
Office
Assistant II $ 37.03 $ 37.77 $ 66.77 $ 68.10

Office Specialist Office
Specialist $ 43.86 $ 44.73 $ 45.63 $ 46.54

Payroll
Specialist
Payroll
Specialist $ 35 $ 35.7 $ 36.41 $ 37.14

Plan Checker Plan Checker $ 64.64 $ 65.93 $ 67.25 $ 68.59 Principal
Engineer
Principal
Engineer $ 110 $ 112.2 $ 114.4 $ 116.73

Public Services
Assistant I
Public Services
Assistant I $ 38.71 $ 39.48 $ 40.27 $ 41.07

Public Services
Assistant II
Public Services
Assistant II $ 42.59 $

43.44 $ 44.31 $ 45.19

Purchasing
Agent
Purchasing
Agent $ 73.71 $

75.18 $

76.68 $ 78.22

Senior
Accountant
Senior
Accountant $ 66.85 $

68.18 $ 69.55 $ 70.94

Senior
Accounting
Technician
Senior
Accounting
Technician
$ 48.25 $

49.21 $ 50.19 $ 51.19

Senior
Administrative
Analyst
Senior
Administrative
Analyst
$ 45 $ 45.9 $ 46.81 $ 47.75

Senior HR
Analyst
Senior HR
Analyst $ 60 $ 61.2 $ 62.41 $ 63.67

Sr. Information
Analyst/Dev
Sr. Information
Analyst/Dev $ 95 $ 96.9 $ 98.83 $ 100.81

Sr. Project
Manager
Sr. Project
Manager $ 110 $ 112.2 $ 114.4 $ 116.73

Sr. Public
Services
Assistant
Sr. Public
Services
Assistant
$ 47.50 $

48.45 $

49.419 $ 50.40

Staff Assistant Staff Assistant $ 30 $ 30.6 $ 31.21 $ 31.83

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14 EXHIBIT C
Activity Schedule
[RESERVED]

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15 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 Contractor’s Agreement.

Contractor or Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons o r 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 Contractor, its agents, representatives, employees or subcontractors.

Contractor or Contractor shall p rovide 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 Contractor shall furnish City with copies of original endor sements 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 Contractor’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 aggr egate 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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16 _X__ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), of if Contractor or Contractor 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.

Professional Liability (Errors and Omissions):

_X__ Insurance appropriates to the Contractor or Contractor’s profession, wit h 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 Contractor’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 Contractor 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 Contractor’s Pollution Legal Liability:

Cyber Liability Insurance

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

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.

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

_X__ Notice of Cancellation, Suspension or Otherwise Voiding Policies:

_X__ Waiver of Subrogation:

___ Completed Operations

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. 235
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19 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.

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 Contracto rs Pollution Liability Policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Subcontractors:

Contractor or Contractor 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.

Verification of Coverage:
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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:

Applicability of Coverage:

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21 Exhibit E

[TASK ORDER FORM ON FOLLOWING PAGE]

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Job Classification : ___________________________

Shift Days: ______________________ Shift Hours/Per Week: __________

Shift Hours: _____________________

Hourly Rate to be Billed to the City: $

Task Order No. __________ (HR to provide)
Contractor: _______________________ Requesting Department: ______________________

Term: Effective: / / and continue in effect through ___/____/_____

Funding Source

Fund: ______ Function: ______ Object Code: ______

Personnel: attach Resume

Approvals
Project Manager: Department Head:

Executed by:

City of Milpitas Contractor Name
Signature Date Signature Date
Printed Name & Title Printed Name & Title

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1 MASTER SERVICES AGREEMENT

BETWEEN THE

CITY OF MILPITAS AND CYNET SYSTEMS INC

This Agreement is made and entered into as of __________________ (“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 Cynet Systems , Inc. a California corporation with its principal place of business at 21000 Atlantic Blvd. #700, Sterling, VA 20166 (hereinafter referred to as “ Contractor”). City and Contractor 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:

On-Call Temporary Personnel Services
(hereinafter referred to as “the Project”).

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

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in acco rdance with the rates set forth in the Schedule of Charges set forth in Exhibit B. Each month, Contractor shall furnish to the City a statement of the work performed for compensation during the preceding month. All work is subject to City review and approval prior to payment.
b. In no event shall the total amount paid for services rendered by Contractor under this Agreement exceed the sum of Five Hundred Thousand Dollars and Zero Cents ($500,000.000). 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 240
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2 description of the work performed. Payments to Contractor for work performed will be made on a monthly billing basis.

3. Additional Work.

If changes in the work seem merited by Contractor or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Contractor with a statement of estimated changes 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 and services provided shall be maintained by Contractor and made available at all reasonable times during the Agreement term and for three (3) years from the date of final payment under the Agreement for inspection by City.

5. Term.

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10. Independent Contractor
Contractor is retained as an independent contractor and is not an employee of City . No employee or agent of Contractor shall become an employee of City, except as set forth in Exhibit A section 1.l.. The work to be performed shall be in accordance with the work desc ribed in this Agreement, subject to such directions and amendments from City as herein provided.

11. 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 subcontract until it has secured all insurance required therein.

12. Indemnification.
a. To the fullest extent permitted by law, Contractor 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 injur y of any kind, in law or equity, to property or per sons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontra ctors, Contractors or agents in connection with the performance of the Contractor’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 expens es. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor, the City, its officials, officers, employees, agents, or volunteers.

b. If Contractor’s obligation to defend, indemnify, and/or hold ha rmless arises out of Contractor’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, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdictio n, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.

4 Laws, and if the total compensation is One Thousand Dollars and Zero Cents ($1,000.00) or more, Contractor agrees to fully comply with 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 L aws. It shall be mandatory upon the Contractor and all sub-Contractors 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 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 Contractor and all sub- Contractors performing such services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any sub-Contractors, as applicable. Notwithstanding the foregoing, the contractor 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 Contractor’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 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 delay 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 Industrial Rela tions against Contractor or any subcontractor.

14. Verification of Employment Eligibility.

By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment o f 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 sub-Contractors and sub-Contractors to comply with the same.

15. Laws and Venue.

18. Organization
Contractor shall assign Arpit Paul 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

CITY:

City of Milpitas
455 E. Calaveras Boulevard
Milpitas, California 95035
Attn: Jeannine Seher, Human Resources
Director
CONTRACTOR:

Cynet Systems, Inc.
21000 Atlantic Blvd. #700
Sterling, VA 20166
Attn: Arpit Paul

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 Contractor.
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6 22. Equal Opportunity Employment.

Contractor 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 t o, all activities related to initial employment, 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 Contractor 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 successors in interest, executors, administrators and assigns of each party to this Agreement. However, Contractor 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 Contractors
City reserves its right to employ other Contractors, including engineers, in connection with this Project or other projects.

29. 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 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, 245
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