Milpitas City Council
September 6, 2022

1 EXHIBIT “A”
Change Order Form

EXHIBIT “A”

CHANGE ORDER FORM
City of Milpitas
455 E. Calaveras Boulevard
Milpitas, California 93035

CONTRACT CHANGE ORDER NO. 1
Date: August 1, 2022
To: Trofholz Technologies, Inc.
1014 N. Market Blvd. Suite 50
Sacramento, CA 95834

Attn: Kelly Keyser
Project: CUP 22-032 Card Access Installation at Fire Stations This Change Order covers changes to the contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order items for the amount agreed upon between the Contractor and City of Milpitas and set forth herein.

Item
No. Description of Changes
Increase/
(Decrease)
in Contract
Amount
Contract
Time
Extension,
Days
1 Additional parts and labor as described in EXHIBIT – A (Attached to the I s Change Order) $39,162.70 0
2 Totals $39,162.70 0

Original Contract Amount: $104,324.42.00
Change by Previous Change Order(s): $0.00
Contract Price Prior to this Change Order: $104,324.42.00 Current Change Order Amount: $39,162.70.00
Revised Contract Amount including this Change Order: $143,487.12

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2 EXHIBIT “A”
Change Order Form

The Contract Price and Contract Time shall be adjusted as set forth above. The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of the directly or indirectly related to the approved time extension, required to complete the Change order items. T his document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the City.

Contractor accepts the terms and conditions stated above as full and final settlement of any and all claims arising out of or related to the subject of this Change Order and acknowledges that the compensation (time and cost) set forth herein comprises the total compensation due for the work or change defined in the Change Order, including all impact on any unchanged work. By signing this Change Order, the Contractor acknowledges and agrees that the stipulated compensation includes payment for all Work contained in the Change Order, plus all payment for any acceleration or in terruption of schedules, extended overhead costs, delay, and all impact or cumulative impact on all Work under this Contract. The signing of this Change Order acknowledges full mutual accord and satisfaction for the change and that the stated time and/or cost constitute the total equitable adjustment owed the Contractor as a result of the change. The Contractor hereby releases and agrees to waive all rights, without exception or reservation of any kind whatsoever, to file any further claim or request for equitable adjustment of any type, for any reasonably foreseeable cause that shall arise out of, or as a result of, this Change Order and/or its impact on the remainder of the Work under the Contract.

Accepted:
(Signature) Contractor’s Authorized Representative Date Recommended:

(Signature) Samu Tiumalu, Public Works Manager -
Project Manager

Date
Approved:

(Signature) Steven G. McHarris, City Manager Date

This Contract Change Order consists of 5 pages and any exhibits attached to this Contract Change Order shall not be part of the Contract Change Order unless specifically initialed by or on behalf of both the Contractor and the City of Milpitas.

Contract Change Order #1

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REQUEST

FOR CHANGE
From: Trofholz Technologies, Inc.

1014 N. Market Blvd. Suite 50
Sacramento, CA 95834 RFC NO: 1380-01
Date: 06/02/2022
Project POC: PROJECT: City of Milpitas – CUP 22-032
– Card Access Installation at Fire Stations
Chris Schroeder
Purchasing Agent
Phone 408-586-3161 Fax (408)586-3170
Email [email protected]

Site Address: City of Milpitas
Subject: Access Control Date Response Required: 7/15/22 Specification Reference: N/A
We Request the following information/clarification:

Based off the original scope of work for this contract, the following items were not identified and included as part of the Original scope. We recommend the following equipment listed below with their associated locations.

Cont. on page 2 and 3

Response:

Note: This is not an authorization to proceed with work involving any additional cost and/or time. Notification must be given by the Contractor in accord with the Contracts Documents if the response causes any change to the Contract.

EXHIBIT – A CUP 22-032
Change Order No. 1
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REQUEST
(CONTI
PROJECT: City of Milpitas – CUP
22- 032 – Card Access Installation
at Fire Stations

FOR CHANGE (RFC)

TINUATION SHEET)
RFC NO: 1380-01

Fire station 1
Gate reader box for pedestal –Qty 1
10ft Unistrut for outside bracing of gate box that houses ACS boards and power –Qty 2 Misc hardware connectors flex, etc –Qty 1
24x24 outdoor enclosure to house ACS equipment –Qty 1
Electrical outlet for power in Encloser for ACS -Qty 1
Altronix power supply with battery backup for gate enclosure- Qty 1 Maglocks for courtyard doors (1each) -Qty 3
Pneumatic exit buttons for mag locks-Qty 3
Sielox 1700 door controller –Qty 1
Additional conduit-Qty 1
Additional doors identified at Fire station 1 Admin (4 total doors) Von Duprin crash bar kit for the two Maintenance doors (1 side of double doors will be electrified)-Qty 2 Von Duprin Power supply (will control 1 side of the two doors) - Qty 1 HES strike for upstairs and Man gate outside- Qty 2
Sielox 1700 panels for additional doors Qty 2
Conduit Qty 1
Sielox Enclosures-Qty 1
Altronix power supply additional doors- Qty 1
Request for Change Price: $34,134.73

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Fire station 3
Additional wire mold and labor for doors 5ft pieces - Qty 60’ Misc. boxes and connectors –Qty 1
Scissor lift rental for installation – 1 week
Request for Change Price: $3,298.90

Fire station 4
Conduit connectors and boxes- Qty 1
Additional conduit 10ft –Qty 6
Armored cable –Qty 4
Electrical Outlet –Qty 1
Request for Change Price: $1,729.07

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CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Approve and Authorize the City Manager to Execute the Five-Year General Services Agreement with Aramark Uniform Service for Citywide Uniform, Mat, and Linen Services for the not-to-exceed amount of $240,916.30 (Staff Contact: Chris Schroeder, Purchasing Agent, 408-586-3161)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 9/6/2022
Recommendation: Approve and authorize the City Manager to execute the five-year General Services Agreement with Aramark Uniform Service for Citywide Uniform, Mat, and Linen Services for the not-to-exceed amount of $240,916.30

BACKGROUND:

The City’s current general services agreement for uniform and floor mat service with Unifirst Corporation will expire on November 6, 2022, and a new agreement is required for the continuation of services. The City has historically contracted for these services through a number of iterations. After the expiration of the current agreement for services, the scope of work was revised to better state the City’s desired services and service levels.

Per the labor agreement between the Milpitas Employee Association and the City of Milpitas, the City is required to provide uniform work clothes for employees who are required to wear uniforms on a daily basis.

Uniforms are to identify City employees when they are performing work throughout the city.

Uniforms are currently being provided for approximately 70 employees in the Public Works and Finance departments. The uniforms consist of shirts, pants, and coveralls, depending upon the need of the particular employee or employee classification. Uniforms are turned in on a weekly basis for laundering and repairs and/or replacement as deemed necessary by the vendor or as requested by the department. Additionally, the current contract includes mat and linen services at 13 City facilities.

ANALYSIS:

On July 1, 2022 the City’s Purchasing Division released RFP No. 22-104 for Citywide Uniform, Mat, and Linen Services. The RFP outlined the City’s needs for uniforms for employees, a variety of linen and towel services at multiple city facilities as well as floor mats.

The RFP was publicly noticed in accordance with the City’s Municipal Code, advertised on the City’s website, emailed to companies registered with the City via Procurement and through OpenGov.com, the City’s eProcurement system. Additionally, the RFP was published on the City’s website.

Upon release, 434 firms were notified of the bid opportunity and 13 firms downloaded the RFP documents.

Two addenda were issued, and one clarifying question was answered by City staff. Of the firms that downloaded the bid documents, one (1) firm responded to the RFP by the published closing date of August 4, 2022. The bid received was reviewed by Purchasing staff for compliance and responsiveness and was accepted.

The companies that continued in the evaluation process were:

1. Aramark Uniform Services

The evaluation committee reviewed proposals based on the following criteria:

1. Cover letter and Compliance with RFP Requirements

2. Personnel Assigned 208
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3. References

4. Execution Plan for Services

5. Company Profile

6. Proposed Compensation

After an initial evaluation by four City staff members who comprised the evaluation committee, Aramark was invited to and attended an interview to gather further information regarding their proposals and offer the evaluation committee the opportunity to ask clarifying questions before forwarding a recommendation for award to the City Council. Interviews were held at the Department of Public Works on August 25, 2022.

Additionally, the Aramark proposal included customers that are public agencies with operational services comparable to the City.

The table below shows the final evaluation scores with the recommended firm highlighted in green:

Citywide Uniform, Mat, and
Linen Services
RFP No. 22-104
Aramark
Uniform
Services
Final Evaluation Score 76.13

POLICY ALTERNATIVE(S):

Alternative 1: Do not award RFP No. 22-104 to Aramark Uniform Services for Citywide Uniform, Mat, and Linen Services.

Pros: None.

Cons: The City would not commit to the five-year delivery of these union required services for multiple departments including, Fire, Police, Public Works, Finance, among others.

Reason not recommended: The City is required to provide uniform services for a number of its field employees as well and towel and linen services. Floor mats also provide additional safety when entering and traveling in City facilities during wet weather.

FISCAL IMPACT:

Funding for this agreement is available in the various department’s operating budget for FY2022-23 and future year appropriations will be a part of the budget development.

California Environmental Quality Act (CEQA):

Not applicable. The selection and contractual arrangement do not constitute a project, in accordance with Section 15378 of the CEQA Guidelines.

RECOMMENDATION:

Award RFP No. 22-104 and Authorize the City Manager to execute the general services agreement with Aramark Uniform Services to provide Citywide Uniform, Mat, and Linen services.

Attachment(s):

1. General Services Agreement with Aramark Uniform Services

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CITY OF MILPITAS

AGREEMENT FOR CITYWIDE UNIFORM, MAT, AND LINEN SERVICES

1. PARTIES AND DATE.

This Agreement for CITYWIDE UNIFORM, MAT, AND LINEN SERVICES (“Agreement”) entered into this ________________________ by and between the City of Milpitas, a municipal corporation organized under the laws of the State of California with its principal place of business at 455 E. Calaveras Boulevard, Milpitas, California 95035 (“City”) and ARAMARK Uniform & Career Apparel Group, Inc. dba ARAMARK UNIFORM AND CAREER APPAREL, LLC , a corporation, with its principal place of business at 31148 San Antonio Street, Hayward, CA 94544 (“Contractor”). City and Contractor are sometimes individually referred to a s “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain CITYWIDE UNIFORM, MAT, AND LINEN SERVICES required by City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing CITYWIDE UNIFORM, MAT, AND LINEN SERVICES to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Contractor to render such services for the CITYWIDE UNIFORM, MAT, AND LINEN SERVICES – No. 22-104 project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

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

3.1.2 Term or Time of Performance.

The term of this Agreement shall be from November 7, 2022 to November 6, 2027, unless earlier terminated as provided herein. The City reserves the right to review the Contractor’s performance at the end of each year and cancel all or part of the Agreement.

3.2 Responsibilities of Contractor.
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2 3.2.1 Control and Payment of Subordinates; Independ ent Contractor . The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee of City. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf o f Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disabi lity insurance, and workers' compensation insurance.

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

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

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

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

3.2.5 City's Representative . City hereby designates Chris S chroeder, Purchasing Agent, or his or her designee, to act as its representative for the performance of this Agreement (“City's Representative”). City's Representative shall have the power to act on behalf of City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than City's Representative or his or her designee.

3.2.6 Contractor's Representative . Contractor hereby designates Carmelo Colon, Regional Account Executive, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor's Representative”). Contractor's Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Agreement. Contractor's Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
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3 3.2.7 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, contractors and other staff at all reasonable times.

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

3.2.9 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving wr itten notice to City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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

3.2.11 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulati ons, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: ( A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, 212
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4 equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”C” attached hereto and incorporated herein by reference. The total compensation shall not exceed TWO HUNDRED FORTY THOUSAND NINE HUNDRED SIXTEEN DOLLARS AND THIRTY CENTS ($240,916.30) without written approval of City’s City Manager or their designee.

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

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

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

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

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

3.3.5 California Labor Code Requirements
(a) Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply 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 subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll r ecords (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 Commiss ioner 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. 213
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5 (b) If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registr ation for the duration of the Project and require the same of any subcontractors, 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 requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s perform ance 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.

3.4 Accounting Records.

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

3.5 General Provisions.

3.5.1 Termination of Agreement.
(a) Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contract or shall be compensated only for those services which have been fully and adequately rendered to City through the effective date of the termination, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. (b) Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data, as defined below, and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. (c) Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 214
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6 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

Aramark Uniform Services
31148 San Antonio Street
Hayward, CA 94544
Attn: Carmelo Colon
City:

City of Milpitas
455 E. Calaveras Boulevard
Milpitas, California 95035
Attn: Purchasing Agent

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

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

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

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

Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs, including reasonable attorneys’ fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by City or its officials, officers, employees, agents or volunteers. This Section 3.5.5 shall survive any expiration or termination of this Agreement.
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7 3.5.6 Entire Agreement. This Agreement contains t he entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be supplemented, amended or modified by a writing signed by both Parties.

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

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

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

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

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

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

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

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

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

3.5.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.17 Prohibited Interests . Contra ctor 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 216
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8 paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

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

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

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

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

3.5.24 Survival. All rights and obligations hereunder that by their nature are to continue after any expira tion or termination of this Agreement, including, but not limited to, the indemnification and confidentiality obligations, and the obligations related to receipt of subpoenas or court orders, shall survive any such expiration or termination.

3.5.25 Subcontracting. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
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9 3.5.26 Wage Theft Prevention
(a) Contractor, and any subcontractor it employs to complete work under this Agreement, shall comply with all applicable federal, state and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code and the Milpitas Minimum Wage Ordinance. (b) BY SIGNING THIS AGREEMENT, CONTRACTOR AFFIRMS

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

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

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

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

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

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

OR ORDER THROUGH A PAYMENT OR ALTERNATIVE PLAN APPROVED BY T HE

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

Relevant investigatory government agencies include: the United States Department of Labor, the California Division of Labor Standards Enforcement, the City, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws. (e) Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law. (f) Notice provided to the City shall be addressed to: Attention: Finance Director, 455 E. Calaveras Blvd. Milpitas, CA 95035. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section. 218
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10 [Signatures on following Page]

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11 SIGNATURE PAGE FOR AGREEMENT
FOR Citywide Uniform, Mat, and Linen SERVICES

BETWEEN THE CITY OF MILPITAS

AND ARAMARK UNIFORM SERVICES

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

CITY OF MILPITAS
Approved By:

Steven G. McHarris, City Manager

Date

Approved:

Lauren Lai, CPA, MPA
Finance Director/Risk manager

Approved As To Form:

Michael Mutalipassi, City Attorney

ARAMARK UNIFORM SERVICES

Signature

Name

Title

Date

Approved As To Content:

Chris Schroeder
Purchasing Agent
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12 EXHIBIT “A”

SCOPE OF SERVICES

1 The Contractor shall provide weekly rental, maintenance and laundry services of work related garments, for the City of Milpitas’ various departments and/or divisions listed in this attachment. Items to be furnished include, but are not limited to, shirts, pants, coveralls, aprons, towels, mats/rugs and similar items, and the laundering, repair, and/or replacement of these items. Clothing shall be delivered to the locations designated, laundered and maintained in good condition and repair, in accordance with these specifications. All uniforms shall be placed on hangers unless Department Contact makes other arrangements.

2 Initial Issue of Uniforms

2.1 At the commencement of the contract, the Contractor shall issue new, unwashed and unworn uniforms and other garments prior to the start of this agreement.

2.2 The Contractor shall provide each employee with up to nine (9) sets of uniforms unless otherwise designated by the Department contact. A uniform may consist of work shirt (short or long sleeve) pants or shorts,

2.2.1 Aprons and/or coveralls shall be in addition to the uniform requiremen t and vary between job function and department.

2.3 During the Contract period, the Contractor shall maintain sufficient stock to provide complete uniforms and other items within seven (7) working days to employee hired. In addition, the Contractor shall have loaners available during these seven (7) days. All such garments shall be new.

3 Charge

3.1 Pick-up and delivery charge, if any, shall be included in the unit bid price. Bid prices represent the cost for: Garment for City designated employees; the laundering of such garments; the required changes per employee per week; other items such as mats, mops, towels etc.; the delivery and pick -up of said garments; and other requirements listed and the Contractors Responsibilities of this contract.

3.2 The contractor shall submit “replacement cost” detailing charges for lost or damaged uniforms with bid on the Exhibit C - Bid Pricing Form (excessive charge(s) may be a cause for rejection of bid). The Contractor’s price shall be set at per unit cost, without increased variance in cost due to choices in change of garment. Charges not allowed include: extra-suit charges, prep- charges, and emblem mounting or cleaning charge, buy back costs or charges for large sizes or 221
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13 hemming or other alterations needed for proper fitting uniforms.

4 Measurement, Fit, Colors and Emblems (patches)

4.1 The Contractor shall be responsible for individual measurement and resultant fit of all garments provided, to include changed size requirement of individual which shall occur within five (5) working days fr om the date of request, and shall provide the employee with uniforms within ten (10) working days of the date measured.

4.2 Any tailoring required to assure proper fit for each individual shall be done at no additional cost to the City. When the Contractor is measuring division personnel for uniforms, the Contractor shall have samples of each type of uniform in various sizes available for Division personnel to try on.

4.3 Colors of uniform items shall be as designated by the City’s Purchasing Agent and selected from manufacturer's standard colors which shall include international orange.

4.4 The Contractor shall provide name patches with either the employee's first name, or both first and last name depending on the department/division’s request. The background of the patch shall be white in color The Contractor shall adhere by sewing outside perimeter of patch to shirts at no cost to the City. Name patches shall be located over the left shirt pocket.

4.5 The Contractor shall provide a patch with the color City of Milpitas se al and the verbiage “CITY OF MILPITAS” to the left of the seal. The background of the patch shall be white in color. The Contractor shall adhere by sewing outside perimeter of patch to shirts at no cost to the City. City Seal patches shall be located over the right shirt pocket.

5 Identification System: The Contractor shall provide a clean and inconspicuously marked or labeled identification system that identifies each employee and garment to ensure that employees get the same garment after cleaning.

6 Description of Clothing

6.1 Coveralls are long sleeved, one-piece coveralls, bi-swing back, and zipper front, cuff- less in a blend of 65% polyester and 35% cotton, plain twill, 7-8 oz. per square yard, with heavy- duty full- length two-way brass zipper with gripper at neck, fly front or 100% cotton with buttons.

Two breast pockets, two slash style, front pockets and two rear hip pockets. All stitching with polyester thread, double stitched seams and bar tacked for reinforcement at points of strain. Must be available in all sizes at no additional cost, color as selected from manufacturer's standard colors including international orange at no additional cost.

6.2 Pants will be slack type, work type or jean cut, plain front, with no cuff. 65% Dacron polyester and 35% cotton , or 100% cotton work, fabric vats dyed, sun fade and acid resistant.

Permanent press finish, 7 -8 oz. per square yard. Color to be selected from manufacturer's standard colors. 100 % spun polyester or cotton coated polyester thread in matching colors with 8 to 12 stitches per inch. Bar tacked at points of strain. Pants shall have full cut for roomy fit, button closure at waist, heavy duty taped brass zipper and inner lined waistband with belt loops. 222
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14 Pants shall have two inserts, slack style front pockets and two inset hip pockets. Triple- stitched, feld-locked outer seams, and permanent creases. Pants must be available in both men and women styles and in all sizes at no additional cost. Pants color shall be selected from manufacturer's standard colors at no additional cost.

6.3 Shorts will be slack type, plain front, with no cuff. 65% Dacron polyester and 35% cotton, or 100% cotton work, fabric vats dyed, sun fade and acid resistant. Permanent press finish, 7-8 oz. per square yard. Color to be selected from manu facturer's standard colors. 100 % spun polyester or cotton coated polyester thread in matching colors with 8 to 12 stitches per inch. Bar tacked at points of strain. Pants shall have full cut for roomy fit, button closure at waist, heavy duty taped brass zipper and inner lined waistband with belt loops. Shorts shall have two inserts, slack style front pockets and two inset hip pockets. Triple- stitched, feld-locked outer seams, and permanent creases. Shorts must be available in both men and women styles and in all sizes at no additional cost. Shorts color shall be selected from manufacturer's standard colors at no additional cost.

6.4 Shirts shall be two -patch spade style or die cut round, breast pocket of shirt fabric, each with button and vertical buttonhole, no metal snaps. 65% Polyester, 35% cotton work or Cotton Dura or Indura soft. Two pockets with button closure flap. Two-piece lined button closure cuff and lined two-piece banded collar. Must be available in both men and women styles and in all sizes at no additional cost. Shirts color shall be selected from manufacturer's standard colors at no additional cost.

7 Pick-up and Delivery Specifications

7.1 For clothing items, the Contractor shall collect and make delivery at least once per week to each of the departments/divisions listed in Exhibit D for clothing items. For all other items, the Contractor shall collect and make regular delivery based on the schedule determined by the Purchasing Agent or their designee.

7.2 The Contractor shall be responsible for equival ent replacement and cost of any garment(s) that are lost or damaged while in the possession of the Contractor between points of pick-up to point of delivery.

7.3 Currently there are 13 service locations throughout the City. The City reserves the option to relocate, reduce or increase pick-up and delivery points at no additional cost to the City.

7.4 The department pick -up/delivery location(s) of each department included in the contract listed in City of Milpitas Service Locations.

8 Startup Requirements

8.1 The Contractor shall provide each employee with up to nine (9) sets of uniforms unless otherwise notified by Department Contact. Uniforms shall consist of a work shirt and work pants, or shorts. One (1) uniform will be worn, four (4) will be sent in for laundry, and four (4) will be clean and available at the work site.

8.2 The Quantities of uniforms required for “startup” are indicated in Exhibit C – Bid Pricing Form. The Contractor shall include the “startup” cost with its price submission and shall not charge 223
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15 the City with “startup” cost.

8.3 The Contractor shall provide new garments (Grade A) upon initial inventory for existing permanent or temporary employees, and any new/additional permanent City employees thereafter regardless of hire date. All garments for permanent and temporary/seasonal employees must have the employee's standard cloth nametags affixed to the garment as designated by the Purchasing Agent from date of issue. In addition, patches detailed in Section 4.4 and Section 4.5 shall be approved by the Purchasing Agent and shall be provided and attached to the garment(s) when required, at no additional cost to the City.

8.4 The Contractor shall provide qualified personnel to measure and fit on-site for the initial order and all added users. Two (2) on -site fittings shall occur at a mutually agreeable time and date between the Contractor and the Purchasing Agent at the City of Milpitas Corp Yard located at 1265 N. Milpitas Boulevard. The Contractor shall provide various sizes to individuals and any oversized garments required at no additional cost to the City. Each garment shall be fitted to the satisfaction of the individual employee. In addition, fittings and alterations shall be taken on -site throughout the term of the contract, when necessary. When questions suc h as proper fit arise, the Contractor shall follow the City’s representative’s decision and make changes accordingly.

8.5 The Contractor shall designate an account manager and maintain sufficient staff and facilities to properly and adequately perform all serv ices requested under the contract and all related issues.

8.6 Prior to the sizing of garments, the Contractor shall confer with and advise the Purchasing Agent or their designee on garment tag information.

8.7 The Contractor shall be responsible for identifying a nd accounting for each garment, ensuring that garments picked up from a specific area are returned to the same area and the same user.

8.8 The Contractor shall maintain an inventory for the designated amount of garments authorized by the City representative for each employee by department and division.

8.9 The Contractor shall deliver all garments in wearable (wrinkle -free) condition for placement in the designated areas. No starch or similar product shall be used. If the Contractor delivers any items to the wrong location and the garment(s) are not recovered at its original location; the Contractor is responsible for its replacement.

8.10 The Contractor shall provide garment dispensers and/or clothing bins and portable garment rack to requesting departments, as well as the delivery of clean garments and removal of soiled garments from bins, all at no additional cost to the City.

8.11 The City requires a minimum of once a week pickups and a one -week turn-around time on delivery, every week. Contractor shall schedule City’s ser vice day for Tuesday, Wednesday or Thursday (excluding Holidays). Normal hours for pickup and delivery are between 7:00 a.m. and 4:00 p.m. unless otherwise agreed upon by the Contractor and Department/Division Contact. The Contractor shall make an agreed upon holiday delivery schedule at least one week prior to the holiday with each City Department representative to maintain the weekly pick-up and delivery schedule.

8.12 The Contractor shall be responsible to replace the rented items that are damaged, worn out, or can no longer be worn. The Contractor shall inspect and identify garments that need 224
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16 to be replaced on site, provide an estimate of cost and obtain an approval from the Department representative before taking any damaged garments off site. The City shall not be responsible for any garment replacement charges not approved by the Purchasing Agent and/or Department’s representative.

8.13 Any garment requiring replacement shall be replaced within seven (7) calendar days.

8.14 The Contractor shall have adequate quality control to ensure that all broken button, broken zippers, torn or stained uniforms, or other defects are corrected, or the garment replaced before delivery. Uniforms worn or otherwise unsuitable for service shall be replaced as a routine matter.

8.15 The Contra ctor shall identify damaged or un -cleanable units before the units are returned to the City department on the following delivery date. Replacement garments shall be new, unwashed, and unworn. The City shall refuse payment for garments that do not present a satisfactory appearance to wear in public. In addition, incorrect counts and items with inappropriate markings must be rectified within one week of the error. Otherwise, garments shall be replaced/upgraded due to normal wear and tear during the duration o f the contract, with new garments at no additional cost to the City.

8.16 If garments need repair, the Contractor shall provide repair tags for City employees and provide a separate bin and marked as such for garments that need repair in each pick -up and delivery location.

8.17 All repairs shall be done with “like” materials to all garments including zipper replacement and broken, bent or missing buttons of equivalent quality.

8.18 The Contractor shall make all repairs to the satisfaction of the City’s Department Representatives. Repairs shall be identified with a “No Charge” repair tab placed on the garment(s).

8.19 The Lost Replacement Rate shall remain firm for the duration of the contract. The company's quality control specifications and procedures pertaining to all garment and laundry services shall be provided under this contract. Said garments and services specifications include:

Wear and Tear policy, Upgrading and Replacement policy.

9 Performance

9.1 In the event the Contractor fails to perform satisfactory service under the terms of the contract, the City may issue the Contractor a written notice of unsatisfactory performance and the Contractor shall improve its performance within thirty (30) days aft er receiving such notice from the City. The City may at its sole discretion terminate the contract. Termination of the contract for unsatisfactory performance shall relieve the City of all further obligation to the Contractor with the exception of returning all issued garments and linen items belong to the Contractor. No payment of money made to the Contractor by the City shall be construed as a waiver of any right of the City under the Contract.

9.2 Factors which may be used to determine the Contractor’s perfo rmance level include 225
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17 but are not limited to:

9.2.1 Initial issue of uniforms and other items

9.2.2 New or additional employees

9.2.3 Measurement, fit colors and emblems

9.2.4 Inventory changes and items

9.2.5 Marking/ identification procedures

9.2.6 Delivery concerns

9.2.7 Quality control

9.2.8 Pricing adherence

9.2.9 Invoicing, excessive, or incorrect charges on statements

10 Compensation

10.1 Calculations for Adds/Deletes, etc.

10.1.1 For items increased or decreased, added or deleted, charges shall be adjusted by multiplying the unit price of the item involved by the number of such units added or decreased, the result to be added to or subtracted from the total charges. In all cases, charges to the City shall represent only the items and numbers of items actually used.

11 Replacement/Loss Charges

11.1 If items are lost or destroyed by the City employees, The Contractor shall use the “replacement cost” charge shown in Attachment C - Bid Pricing Form for garments in service up to one (1) year. For garments in service more than one (1) year, but less than two (2) years, the charge shall be fifty percent (50%) of the “replacement cost” charge quoted. For garments in service two (2) years or more, there shall be no charge. The Contractor shall be responsible to determine the length of time a garment has been in service when verification is requested by the City.

12 Absences

12.1 Employees on extended absence or leave from the City, or whose employment is terminated, will return all uniforms and all charges shall be eliminated for that employee during such absence.

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18 13 Invoices and Statements

13.1 A Citywide open purchase order will be issued for all City departments by division using the Contractor's services.

13.2 The City requires a separate invoice for each division and/or department; the invoices/summary statement shall be mailed at the end of eac h month to the Billing contact of each using department along with the individual delivery receipts/packing slips for items supplied during that month. The City will provide a list of division/department contacts with billing addresses to the Successful Bidder.

13.3 The statement will be paid after all receipts/packing slips are checked for accuracy against the summary statement. Discrepancies that cannot be resolved will not be paid and should be reflected on the next month's statement as a balance forward.

13.4 All invoice charges must be aggregated such that users receive the contract rate and services. All discounts and credits shall be clearly shown on the face of the invoice.

13.5 All billing corrections and/or credits shall be shown on the face of the invoice the week after Contractor is notified of the correction and/or credit by the City.

14 Transition Plan

14.1 The Contractor must include a description of its proposed transition plan that would ensure a smooth transition for uniform rental and laundry services from the current service provider with its bid submission. Bidder’s transition plan shall be separate from the other items in the Proposer’s bid packet and shall be in PDF form only.

14.2 The implementation schedule must detail all phases, dates, milestones and locations (locations provided by the City) to complete service transition by November 8, 2022 with minimal disruption to City departments. The actual date period of the implementation schedule submitted may be adjusted in accordance to an agreed start date of the new contract.

14.3 The Contractor’s transition plan elements shall include, but not be limited to:

14.3.1 Create data base for City Departments

14.3.2 Meet with Departments and determine garment requirements (size and type) of City employees

14.3.3 Forecast/order/ship "new" products

14.3.4 Prepare necessary routing, set up delivery schedules and invoicing procedures

14.3.5 Timeline of conducting garments installation for all locations

14.3.6 Audit installations, identify open issues

14.3.7 Allow for two (2) separate days for City staff to place orders, try on samples, confirm orders, etc. with successful firm to provide all staff, support, supplies and equipment necessary for such tasks to be accomplished. City will direct vendor as to 227
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19 location upon award and confirmation of dates.

14.3.8 Provide a definitive deadline for completed delivery of samples of specialty garments for City Department ordering within the prescribed implementation process period.

15 The Contractor shall be responsible for all charges to obtain permits and/or licenses necessary to perform required services at no cost to the City.

16 Contractor shall perform preventative maintenance and requested repairs in a professional manner conforming to generally accepted industry standards. City must report any problems, defects and/or deficiencies with any repair within five (5) calendar days of performance of the service. In the event Contractor receives such notice form City, then Contractor shall re-perform the repair service at no cost to the City.

17 City acknowledges and agrees the Contractor SHALL NOT disclose City’s name on Contractors client lists and other promotional material without prior written consent from City.

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20 18 City holidays change each year, IT IS THE RESPONSIBILITY OF THE

SUCCESSFUL BIDDER TO ENSURE SMOOTH AND COMPLETE DELIVERY OF ALL SERVICES EACH WEEK REGARDLESS OF CITY'S HOLIDAY CLOSURES. No services shall be attempted on City Holidays. Below is a sample of the City’s 2022 holiday schedule for reference only.

2022 DATES HOLIDAY
December 31 New Year’s Day Holiday observed
January 17 Martin Luther King Jr.’s Birthday
February 11 Lincoln’s Birthday Observed (MEA only)
February 21 Presidents Day
March 31 Cesar Chavez Day (IAFF, POA, MidCon, ProTech & Unrep only) May 30 Memorial Day
July 4 Independence Day
September 5 Labor Day
November 11 Veteran’s Day
November 24-25 Thanksgiving Holiday
December 23 Christmas Eve Holiday observed
December 25 Christmas Holiday observed

19 City of Milpitas Service Locations
Note: Some locations may have multiple locations requiring services. Successful Bidder and City to review and agree upon suitable number of stops and/or service locations prior to the commencement of services.

1. City Hall - 455 E. Calaveras Blvd.

2. Sal Cracolice Recreation Facility – 791 Garden Ct.

3. Sports Center – 1325 E. Calaveras Blvd.

4. Barbara Lee Senior Center – 40 N. Milpitas Blvd.

5. Community Center – 457 E. Calaveras Blvd.

6. Police Department – 1275 N. Milpitas Blvd.

7. Public Works (Admin) 1265 N. Milpitas Blvd.

8. Public Works (Corp Yard) 1265 N. Milpitas Blvd.

9. Public Works (Fleet) 1265 N. Milpitas Blvd.

10. Fire Station #1 – 777 S. Main St.

11. Fire Station #2 – 1263 Yosemite Dr.

12. Fire Station #3 – 45 Midwick Dr.

13. Fire Station #4 – 775 Barber Ln.

20 Sample Patches (continued on following page)

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21 City Seal (Left Side)

Name (Right Side)

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22 Exhibit “B”
Schedule of Services

Date Item
25 August 2022 Notice of Intent to Award
31 August 2022 Fitting Day No. 1
1 September 2022 Fitting Day No. 2
6 September 2022 City Council Date for Formal AWARD
31 October 2022 Delivery of Uniforms for Following Week, Begin collecting of outgoing vendor materials
7 November 2022* Services Start, continued assistance with outgoing vendors materials until complete*
14 November 2022 Services fully transitions and outgoing vendor materials returned
*Note: City of Milpitas requesting hand sort of materials for first two weeks to ensure maximum capture of outgoing vendor materials

On-going Services
 For clothing items, the Contractor shall collect and make delivery at least once per week to each of the departments/divisions listed in Exhibit D for clothing items. For all other items, the Contractor shall collect and make regular delivery based on the schedule determined by the Purchasing Agent or their designee.
 The Contractor shall be responsible for equivalent replacement and cost of any garment(s) that are lost or damaged while in the possession of the Contractor between points of pick- up to point of delivery.
 Currently there are 13 service locations throughout the City. The City reserves the option to relocate, reduce or increase pick-up and delivery points at no additional cost to the City.  The department pick-up/delivery location(s) of each department included in the con tract listed in City of Milpitas Service Locations.

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23 EXHIBIT “C”

COMPENSATION

[BEGINS ON FOLLOWING PAGE]

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24 EXHIBIT “D”

INSURANCE REQUIREMENTS

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

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

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

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

Commercial General Liability (CGL):

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

_X_ Coverage at least as broad as ISO Form CG 00 01 cov ering 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 gen eral 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:

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

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

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

Professional Liability (Errors and Omissions):

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

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

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

Workers’ Compensation Insurance:

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

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

Builder’s Risk (Course of Construction):

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

Contractor’s or Consultant’s Pollution Legal Liability:

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

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

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26 Cyber Liability Insurance

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

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

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

Surety Bonds:

Contractor shall provide the following Surety Bonds:

____ Bid Bond
____ Performance Bond
____ Payment Bond

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

Other Insurance Provisions:

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

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

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

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

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

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

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

___ Completed Operations

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

THE FOLLOWING PROVISIONS APPLY TO ALL AGREEMENTS

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

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

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

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

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

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

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

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

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

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

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

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

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

Subcontractors:

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

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

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

Verification of Coverage:

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

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

Failure to Comply:

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

Applicability of Coverage:

Each insurance policy required above shall contain or be endorsed to contain that the Contractor’s or Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 238
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CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Approve and Authorize the City Manager to Execute Amendment No. 2 to the Professional Services Agreement with WeHOPE for Mobile Shower, Laundry, and Case Management Services through January 15, 2023, for a Total Not to Exceed Contract Amount of $86,552
Category: Community Development
Meeting Date: 9/6/2022
Staff Contact: Alex Andrade, Director of Economic Development, 408-586-3046 Robert Musallam, Housing and Neighborhood Services Administrator, 408-586-3275 Recommendation: Approve and Authorize the City Manager to Execute Amendment No. 2 to the Professional Services Agreement with WeHOPE for Mobile Shower, Laundry, and Case Management Services through January 15, 2023, in the Amount of $15,000, for a Total Not to Exceed Contract Amount of $86,552.

Background:

In fall 2020, in accordance with City Council direction, staff conducted extensive research and explored homeless outreach and basic needs services that may improve quality of life for Milpitas unhoused residents.

At the City Council meeting on December 1, 2020, the City Council directed staff to implement a six-month pilot program with the nonprofit service provider, WeHOPE, to provide weekly hot shower and laundry services for unhoused residents in Milpitas (Attachment 1). The program cost was $21,372 and was funded by the California Board of State and Community Corrections grant funding from the Milpitas Police Department.

WeHOPE is a nonprofit agency based in Santa Clara County that offers various services to meet the needs of the unhoused. Dignity on Wheels is a program managed by WeHOPE. The Dignity on Wheels program provides a mobile trailer with shower, laundry, restroom, and on-site case management services. The case manager helps connect clients to resources and services such as identification document needs and identification renewal support. City staff also arranged for the County’s Homeless Engagement and Access Team to be on-site concurrently with Dignity on Wheels (twice a month for the first two months then once a month) to conduct assessments and further connect clients with a countywide network of services. At each session, WeHOPE provides supplies that include towels, laundry pods, hair and body wash, and hygiene kits.

Often there are clothing donations available as well.

WeHOPE began providing mobile shower and laundry services from 11:00 AM – 3:30 PM every Sunday starting March 21, 2021, on the Winsor Street site, located immediately south of the Milpitas Library. Staff provided reports during the six-month pilot shower and laundry services program as part of the monthly report to City Council on unhoused services. On September 7, 2021, Council amended the contract in the amount of $50,180, to allow for fifty-two additional sessions of services and extended the term of the contract through September 25, 2022.

Analysis:

As of June 2022, WeHOPE has provided shower and laundry services in Milpitas to 143 unduplicated clients.

WeHOPE has provided 65 sessions to the unhoused community, serving over 506 clients, totaling 1,031 showers and 459 loads of laundry. In addition to shower and laundry, clients have benefited from services provided by WeHOPE including dispersing hygiene kits, clothing, snack bags, case management and/or supportive services, and assessments with the County’s Homeless Engagement and Access Team.

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During the FY 2022-2023 budget discussions, additional funding was not added to the mobile shower and laundry services program. However, the City had applied for and is expected to receive funding for various services related to the unhoused and those at risk of being unhoused. The exact details of the funding and its timing are not known at this time. Thus, staff is recommending extending the current contract through January 15, 2023, by which time additional details about the State funding should be available and the program can be brought forward for Council consideration, along with other housing related programs (Attachment 2).

Staff recommends maintaining the current 11:00 AM – 3:30 PM on Sundays. Sundays were selected as a convenient day for unhoused residents to prepare for the week and to minimize parking impacts to any site. No change is proposed to the location. However, the City has the flexibility to make changes as needed. The request for additional funding below includes the potential increase in costs associated with an alternate site.

The current agreement expires September 25, 2022, with a not-to-exceed amount of $71,552 which accounted for possible charges due to alternate locations. As the service location has remained the same, the balance at the end of the contract period will be $9,080. For ongoing operation through January 15, 2023, at a service provider cost of $822 per session, plus contingency for alternate sites, staff recommends amending the Professional Services Agreement by increasing the Agreement not-to-exceed amount by $15,000. This amends the total Agreement not-to-exceed amount from $71,552 to $86,552. Staff recommends Council utilize the Low and Moderate Income Housing Asset Fund to fund this extension.

Fiscal Impact:

If the City Council decides to extend the Dignity on Wheels mobile shower and laundry program through January 15, 2023 and utilizes the Low and Moderate Income Housing Asset Fund, the fiscal impact would be a $15,000 reduction to the fund balance.

California Environmental Quality Act:

The recommendations have no potential for causing a significant effect on the environment and are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).

Further, the recommendations are also exempt under CEQA Guideline 15301 if the City Council decides to continue Dignity on Wheels mobile shower and laundry services as the proposed services by WeHOPE would likely be placed in an existing City facility, and/or CEQA Guideline 15311 as an accessory structure to an existing City facility. Each Guideline referenced above shall serve as an independent basis to determine the activity is exempt from CEQA.

Recommendation:

Approve and Authorize the City Manager to Execute Amendment No. 2 to the Professional Services Agreement with WeHOPE for Mobile Shower, Laundry, and Case Management Services through January 15, 2023, in the Amount of $15,000, for a Total Not to Exceed Contract Amount of $86,552.

Attachment:

1. Professional Services Agreement with WeHOPE

2. Amendment No. 1 to Professional Services Agreement with WeHOPE

3. Amendment No. 2 to Professional Services Agreement with WeHOPE

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CITY OF MILPITAS

PROFESSIONAL SERVICES AGREEMENT

This Agreement is made and entered into as of February 12 , 20 21 (“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 WeHOPE Inc., a non-profit corporation with its principal place of business at 1854 Bay Road, East Palo Alto, CA 94303 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

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

Mobile shower, laundry, and case management services for unhoused residents (hereinafter referred to as “the Project”).

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

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

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

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

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit B.
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $21,372. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within thirty (30) days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be pro cessed in the following manner: a letter outlining the changes shall be forw arded to the City by Consultant with a statement of estimated ch anges 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 DocuSign Envelope ID: 92846916-7EBC-4E36-A352-6E108F71EBA8 241
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the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

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

5. Time of Performance.

The term of this Agreement shall begin on the “Effective Date” and run until twenty-six sessions have been provided unless terminated earlier as provided herein. The City reserves the right to review the Consultant’s performance after three months and cancel all or part of the Agreement. Specific milestones for performance are included in the “Activity Schedule” attached as Exhibit C.

6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable contr ol 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; riot s 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, g ive written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

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

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

9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to DocuSign Envelope ID: 92846916-7EBC-4E36-A352-6E108F71EBA8 242
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so assign or so transfer without such consent shall be void and without legal effect and shall cons titute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

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

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

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

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

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is One Thousand Dollars and Zero Cents ($1,000.00) or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code DocuSign Envelope ID: 92846916-7EBC-4E36-A352-6E108F71EBA8 243
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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 p art of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Depar tment of Industrial Relations.

Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the 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 In dustrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requireme nts. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that af fect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

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

15. City Material Requirements.
[RESERVED]

16. 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. 17 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 Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work com pleted and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for DocuSign Envelope ID: 92846916-7EBC-4E36-A352-6E108F71EBA8 244
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which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide furthe r services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. c. The C onsultant understands and accepts that at all times; the Agreement is subject to appropriation of funds by the Milpitas City Council. The Agreement may terminate without penalty, liability or expense of any kind to the City at the end of Agreement term. The City has no obligati on to make appropriations for the Agreement in lieu of appropriations for new or other contracts. City budget decisions are subject to the discretion of the Mayor and City Council. Consultant’s assumption of risk of possible non-appropriation is a part of the consideration for the Agreement. This section controls against any and all other provisions of the Agreement.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Sp ecifications 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.

19. Organization
Consultant shall assign Anita Blount as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

20. Limitation of Agreement.

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

21. 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: Robert Musallam
CONSULTANT:

WeHOPE Inc.
1854 Bay Road
East Palo Alto, CA 94303
Attn: Thomas J. Clark, Jr.

and shall be effective upon receipt thereof.

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

23. Equal Opportunity Employment.

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

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

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

26. 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, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties o r obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

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

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

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

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

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

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

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

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

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

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

SATISFYING SAID JUDGMENT, DECISION OR ORDER THROUGH A PAYMENT OR

ALTERNATIVE PLAN APPROVED BY THE APPLICABLE COURT/GOVERNMENT AGENCY

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

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

If the Consultant or its subconsultant is subject to a payment or other alternative plan, the Consultant or its subconsultant shall continue to submit documentary evidence every thirty (30) calendar days duri ng the term of the Agreement demonstrating continued compliance with the plan until the judgment, decision or order has been fully satisfied.
d. For purposes of this Section, a "final judgment, decision, or order" refers to one for which all appeals have been exhausted or the time period to appeal has expired. Relevant investigatory government agencies include: the United States Department of Labor, the California Division of Labor Standards Enforcement, the City, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.

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e. Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law.
f. Notice provided to the City shall be addressed to: Attention: Finance Director, 455 E. Calaveras Blvd. Milpitas, CA 95035. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF MILPITAS
AND WEHOPE 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:

Christopher J. Diaz, City Attorney

Approved:

Walter C. Rossmann, Risk Manager/Director
of Finance

Approved As To Content:

Sharon Goei, Director of Building Safety and
Housing

WeHOPE Inc.

Signature

Name

Title

Date

DIR Registration Number (If Applicable)

DocuSign Envelope ID: 92846916-7EBC-4E36-A352-6E108F71EBA8 Paul Bains
President
Feb-10-2021
Feb-16-2021
249
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EXHIBIT A
Scope of Services

Description of the Project:

WeHOPE Inc. will implement Dignity on Wheels to provide mobile shower, laundry, and case management services to homeless and unsheltered persons in Milpitas. Operating one day per week at a single site in Milpitas, WeHOPE Inc. will provide drop-in shower services for up to 42 clients and drop-in laundry services of up to 16 single loads of laundry per four-hour session. WeHOPE Inc. commits to provide twenty-six sessions under this agreement. Each session will consist of one six-hour session in either the morning or afternoon hours. Clients will be served for four hours during each session as there will be two hours dedicated for set-up and shut-down.

Clients requesting a shower will receive a provisional towel and bathmat, which must be returned after use. Shower clients will be offered hygiene kits, which may include socks, toothbrush, toothpaste, deodorant, lotion, mouthwash or other grooming items. Clients who are also requesting laundry service will be offered a pair of sweatpants and t-shirt as needed, which should be returned. Clients will have the opportunity to meet with WeHOPE staff to assess unmet needs and access community resources.

WeHOPE staff will manage the Dignity on Wheels service and oversee the following:
a. Formulating goals and objectives,
b. Establishing personnel policies,
c. Overseeing the daily operation of each Dignity on Wheels' event, including without limiting, facility usage, and
d. Respectfully directing all staff and volunteers working at a Dignity on Wheels event, including those staff and/or volunteers of the host site.

Activity #1: Provide shower services to homeless individuals WeHOPE will provide access to hot water showers to homeless individuals. Clients are provided 15 minutes in the shower room, with seven minutes of shower time. Towels, hygiene kits, flip flops, and a change of clothes will be provided as needed.

Activity #2: Provide laundry services to homeless individuals WeHOPE will provide laundry services to homeless individuals. WeHOPE will provide client with laundry bag, which clients fill and return to WeHOPE staff. Staff will launder the clothing and return it to the client. A change of clothes will be provided as needed.

Activity #3: Provide community resources and referrals to homeless individuals WeHOPE will provide community resources and referrals to homeless individuals who desire to be connected to services and case management. WeHOPE will provide clients who are not already connected with individualized support to connect them with resources they need.

Program Support from City Staff:

CITY will identify an appropriate location, promote the program, coordinate the service with Santa Clara County unhoused outreach and assessment efforts, communicate regularly with WeHOPE Inc. staff, review reports provided by WeHOPE, process payments, and be on call during the session to ensure proper access to water, sewer, and electric utilities.

Cost Reimbursement:

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CITY will provide a one-time payment at the start of the contract in the amount of $10,686 to cover expenses for thirteen sessions (approximately three months). Within 15 days from the end of each month during the term of this AGREEMENT, WeHOPE will submit backup documentation for costs incurred in the prior month. Upon receipt of complete backup documentation, CITY will provide funds for the next month's expenditures. WeHOPE will report expenditures to the CITY, under provisions as set forth in Exhibit B.

Reporting:

Project objectives and outcomes will be measured on a quarterly basis as detailed in Exhibit C.

Additional Provisions:

WeHOPE will enter data into Homeless Management Information System (HMIS) only for clients working individually with WeHOPE staff (specifically providing clients with community resources and referrals).

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EXHIBIT B
Schedule of Charges/Payments

Consultant will invoice City on a monthly cycle. Consultant will in clude with each invoice a detail ed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials Agreement.

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EXHIBIT C
Activity Schedule

Project objectives and outcomes will be measured on a quarterly basis and should include, at a minimum, the following:

 Number of sessions provided per quarter.
 Number of showers provided each session.
 Number of laundry loads provided each session.
 Number of total unduplicated clients served to date.
 Number of clients who utilized DOW referral services.

Consultant will submit a Quarterly Performance Report for the following periods:

Report #1: 90 days after the first session
Report #2: Additional reports to follow quarterly

If the contract is extended, activities and outputs will be tracked and reported quarterly.

Quarterly Performance Reports are due by Consultant 10 business days at the conclusion of each quarter. If the contract is extended beyond the initial 6-month term, an annual performance report will be due at the end of one year or the end of the contract term, whichever comes first.

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EXHIBIT “D”

INSURANCE REQUIREMENTS

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

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

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

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

Commercial General Liability (CGL):

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

_X_ Coverage at least as broad as ISO Form CG 00 01 covering CG L 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:

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

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

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

Professional Liability (Errors and Omissions):

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

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

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

Workers’ Compensation Insurance:

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

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

Builder’s Risk (Course of Construction):

___ Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. If the project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment.

The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site.

Contractor’s or Consultant’s Pollution Legal Liability:

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

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

Cyber Liability Insurance

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

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

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

Surety Bonds:

Contractor shall provide the following Surety Bonds:

____ Bid Bond
____ Performance Bond
____ Payment Bond

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

Other Insurance Provisions:

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

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

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

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

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

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

___ Notice of Cancellation, Suspension or Otherwise Voiding Policies:

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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.

___ Waiver of Subrogation:

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

___ Completed Operations

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

THE FOLLOWING PROVISIONS APPLY TO ALL AGREEMENTS

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

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

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

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

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

Acceptability of Insurers:

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

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

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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 R etroactive Date prior to the contract effective date, the Contractor or Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

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

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

Subcontractors:

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

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

Verification of Coverage:

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

Special Risks or Circumstances

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

Failure to Comply:

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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 Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

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Amendment No. 1: WeHOPE Inc.
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AMENDMENT NO. 1

TO PROFESSIONAL SERVICES AGREEMENT
WITH
WEHOPE INC.

FOR

MOBILE SHOWER, LAUNDRY, AND CASE MANAGEMENT SERVICES FOR

UNHOUSED RESIDENTS

This Amendment No. 1 is entered on September 24, 2021 (effective date) , by and between the City of Milpitas, a municipal corporation of the State of California (hereaf ter referred to as "C ity ") , and WeHOPE Inc. , a non -profit corporation ( hereafter referred to as " Consultant "). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Amendment No . 1.

RECITALS

WHEREAS, on February 12 , 2021 , the Parti es entered into a Professional Services Agreement for Mobile Shower, Laundry, And Case Management Services For Unhoused Residents (the “Agreement”) with a compensation amount not to exceed $21,372 .00 , and a term period of February 12, 202 1 to the completion of twenty -six sessions of services provided ; and

WHEREAS, the Parties now desire to amend the Agreement by extend ing the term period expiration date to September 25, 2022 and increase the Agreement not -to -exceed amount by $50,180 .00 to allow for fifty -two additional sessions of services.

NOW , THEREFORE, in consideration of the mutual covenants and conditions herein contained, the Parties agree to amend the Agreement as follows:

1. Section 2 Compensation paragraph “b” is hereby amended to read as follows:

“In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of Seventy -One Thousand Five -Hundred Fifty - Two Dollars and Zero Cents ($71,552.00) . 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 a n invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis

2. Section 5 Time of Performance is hereby amended to read as follows:

“The term of this Agreement shall be from February 1 2, 2021 to September 25, 2022 , 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 Agreeme nt. Specific milestones for performance are included in the “Activity Schedule” attached as Exhibit C (Revised September 2021) .

3. Exhibit A is hereby deleted and replaced in its entirety by Exhibit A – Scope of Services (Revised September 2021), attached hereto and incorporated herein by this reference.

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4. Exhibit B is hereby deleted and replaced in its entirety by Exhibit B – Schedul e of Charges/ Payments (Revised September 2021), attached hereto and incorporated herein by this reference.

5. Exhibit C is hereby deleted and replaced in its entirety by Exhibit C – Activity (Revised September 2021), attached hereto and incorporated herein b y this reference .

6. All other provisions of the Agreement not amended by this Amendment No. 1 shall remain in full force and effect.

IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 as of the date first written above.

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Amendment No. 1: WeHOPE Inc.
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SIGNATURE PAGE TO AMENDMENT NO. 1

TO PROFESSIONAL SERVICES AGREEMENT
WITH
WEHOPE INC.

FOR

MOBILE SHOWER, LAUNDRY, AND CASE MANAGEMENT SERVICES FOR

UNHOUSED RESIDENTS

CITY OF MILPITAS
Approved By:

Steven G. McHarris, City Manager

Date

Approved As To Form:

Christopher J. Diaz, City Attorney

Approved:

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

WEHOPE INC.

Signature

Name

Title

Date

Approved as to Content:

Sharon Goei
Director of Building Safety and Housing

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Director of Mobile Homeless Services
TJ Clark
Oct-04-2021
262
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Amendment No. 1: WeHOPE Inc.
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EXHIBIT A
Scope of Services (Revised September 2021)

Description of the Project:

WeHOPE Inc. will implement Dignity on Wheels to provide mobile shower, laundry, and case management services to homeless and unsheltered persons in Milpitas. Operating one day per calendar week at a single site in Milpitas, WeHOPE Inc. will provide drop -in shower services for up to forty -two (42) clients and drop -in laundry services of up to sixteen (16) single loads of laundry per four-hour session. Each session will consist of one six-hour session in either the morning or afternoon hours. Clients will be served for four hours during each session as there will be two hours dedicated for set-up and shutdown.

Clients requesting a shower will receive a provisional towel and bathmat, which must be returned after use.

Shower clients will be offered hygiene kits, which may include socks, toothbrush, toothpaste, deodorant, lotion, mouthwash or other grooming items. Clients who are also requesting laundry service will be offered a pair of sweatpants and t-shirt as needed, which should be returned. Clients will have the opportunity to meet with WeHOPE staff to assess unmet needs and access community resources.

WeHOPE staff will manage the Dignity on Wheels service and oversee the following:
a. Formulating goals and objectives,
b. Establishing personnel policies,
c. Overseeing the daily operation of each Dignity on Wheels' event, including without limiting, facility usage, and
d. Respectfully directing all staff and volunteers working at a Dignity on Wheels event, including those staff and/or volunteers of the host site.

Activity #1: Provide shower services to homeless individuals WeHOPE will provide access to hot water showers to homeless individuals. Clients are provided 15 minutes in the shower room, with seven minutes of shower time. Towels, hygiene kits, flip flops, and a change of clothes will be provided as needed.

Activity #2: Provide laundry services to homeless individuals WeHOPE will provide laundry services to homeless individuals. WeHOPE will provide client with laundry bag, which clients fill and return to WeHOPE staff. Staff will launder the clothing and return it to the client.

A change of clothes will be provided as needed.

Activity #3: Provide community resources and referrals to homeless individuals WeHOPE will provide community resources and referrals to homeless individuals who desire to be connected to services and case management. WeHOPE will provide clients who are not already connec ted with individualized support to connect them with resources they need.

Program Support from City Staff:

CITY will identify an appropriate location, promote the program, coordinate the service with Santa Clara County unhoused outreach and assessment effo rts, communicate regularly with WeHOPE Inc. staff, review reports provided by WeHOPE, process payments, and be on call during the session to ensure proper access to water, sewer, and electric utilities.

Reporting:

Project objectives and outcomes will be measured on a quarterly basis as detailed in Exhibit C.

DocuSign Envelope ID: 04A9E4BD-AACD-49D9-A515-3FD26647FB7D 263
Item # C13.

Amendment No. 1: WeHOPE Inc.
5 of 7
Additional Provisions:

WeHOPE will enter data into Homeless Management Information System (HMIS) only for clients working individually with WeHOPE staff (specifically providing clients with community resources and referrals).

DocuSign Envelope ID: 04A9E4BD-AACD-49D9-A515-3FD26647FB7D 264
Item # C13.

Amendment No. 1: WeHOPE Inc.
6 of 7

EXHIBIT B
Schedule of Charges/Payments (Revised September 2021)

Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out - of-scope work being performed by Consultant.

CITY will provide a one -time payment at the start of the agreement in the amount of Ten Thousand Six Hundred Eighty -Six Dollars and Zero Cents ($10,686.00) to cover expenses for thirteen (13) sessions (approximately three months). Within fifteen (15) days from the end of each month during the term of this AGREEMENT, WeHOPE will submit backup documentation for costs incurred in the prior month. Upon receipt of complete backup documentation, CITY will provide funds for the next month's expenditures .

WeHOPE will report expenditures to the CITY as part of its quarterly and annual reports outlined in Exhibit C.

DocuSign Envelope ID: 04A9E4BD-AACD-49D9-A515-3FD26647FB7D 265
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Amendment No. 1: WeHOPE Inc.
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EXHIBIT C
Activity Schedule (Revised September 2021)
Project objectives and outcomes will be measured on a quarterly basis and should include, at a minimum, the following:
 Number of sessions provided per quarter.
 Number of showers provided each session.
 Number of laundry loads provided each session.
 Number of total unduplicated clients served to date.
 Number of clients who utilized DOW referral services.

Consultant will submit a Quarterly Performance Report for the following periods:

Report No. 1: Ninety (90) days after the first session
Report No. 2: Additional reports to follow quarterly
Activities and outputs will be tracked and reported quarterly to the City’s Project Manager. Quarterly Performance Reports are due by Consultant ten (10) business days at the conclusion of each quarter. An annual performance report will be due at the end of one year or the completion of fifty-two (52) sessions (whichever comes first) and upon the end of the Agreement term.

DocuSign Envelope ID: 04A9E4BD-AACD-49D9-A515-3FD26647FB7D 266
Item # C13.

Amendment No. 2: WeHOPE Inc.
1 of 3
AMENDMENT NO. 2

TO PROFESSIONAL SERVICES AGREEMENT
WITH
WEHOPE INC.

FOR

MOBILE SHOWER, LAUNDRY, AND CASE MANAGEMENT SERVICES FOR

UNHOUSED RESIDENTS

This Amendment No. 2 is entered on September 26, 202 2 (effective date) , by and between the City of Milpitas, a municipal corporation of the State of California (hereaf ter referred to as "C ity ") , and WeHOPE Inc. , a non -profit corporation ( hereafter referred to as " Consultant "). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Amendment No . 2.

RECITALS

WHEREAS, on February 12 , 2021 , the Parti es entered into a Professional Services Agreement for Mobile Shower, Laundry, And Case Management Services for Unhoused Residents (the “Agreement”) with a compensation amount not to exceed $21,372 .00 , and a term period of February 12, 202 1 to the completion of twenty -six sessions of services provided ; and

WHEREAS, on September 24, 2021, the Parties amend ed the Agreement by extending the term period expiration date to September 25, 2022 and increase d the Agreement not -to -exceed amount by $50,180 .00 to allow for fifty -two additional sessions of services ; and

WHEREAS, the Parties now desire to amend the Agree ment by extend ing the term period expiration date to January 15, 202 3 and increase the Agreement not -to -exceed amount by $15,000 of which $4,072 is to allow for fi ve additional sessions of services and $10,928 is to allow for contingencies and any potential change s to the location of services .

NOW , THEREFORE, in consideration of the mutual covenants and conditions herein contained, the Parties agree to amend the Agreement as follows:

1. Section 2 Compensation paragraph “b” is hereby amended to read as follows:

“Consultant shall be entitled to total payment of Seventy -Five Thousand Six Hundred and Twenty -Four Dollars and Zero Cents ( $75 ,624.00) for service provided unless City agrees, in writing, to exceed this amount as a result of a location change or other contingency. Services shall be provided at a rate of $822 per session for locatio ns with available utility hook -ups for electrical, water, and sanitary disposal and $965 per session if no utility hook -ups for electrical, water, and sanitary disposal are available. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of Eigh ty -Six Thousand Five -Hundred Fifty -Five Dollars and Zero Cents ($ 86,552 .00) . 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 r eceipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis

267
Item # C13.

Amendment No. 2: WeHOPE Inc.
2 of 3

2. Section 5 Time of Performance is hereby amended to read as follows:

“The term of this Agreement shall be from February 1 2, 2021 to January 15, 202 3, 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.

3. All other provisions of the Agreement and Amendment No. 1 not amended by this Amendment No. 2 shall remain in full force and effect.

IN WITNESS WHEREOF, the Parties have exec uted this Amendment No. 2 as of the date first written above.

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Item # C13.

Amendment No. 2: WeHOPE Inc.
3 of 3
SIGNATURE PAGE TO AMENDMENT NO. 2

TO PROFESSIONAL SERVICES AGREEMENT
WITH
WEHOPE INC.

FOR

MOBILE SHOWER, LAUNDRY, AND CASE MANAGEMENT SERVICES FOR

UNHOUSED RESIDENTS

CITY OF MILPITAS
Approved By:

Steven G. McHarris, City Manager

Date

Approved As To Form:

Michael Mutalipassi , City Attorney

Approved:

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

WEHOPE INC.

Signature

Name

Title

Date

Approved as to Content:

Alex Andrade
Economic Development Director

269
Item # C13.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Authorize and Approve Out-of-State Travel to Columbus, OH for City Manager Steve McHarris to Attend the Annual Conference of the International City/County Management Association to be held September 17 – 21, 2022. (Staff contact:

Ashwini Kantak, Assistant City Manager, 408-586-3053)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 9/6/2022
Recommendation: Authorize and approve out-of-state travel to Columbus, OH for City Manager Steve McHarris to attend the Annual Conference of the International City/County Management Association (ICMA) to be held September 17 – 21, 2022, for an estimated not-to-exceed amount of $3,500.00 under the approved budget for Conferences/Trainings allocation for the City Manager’s Office.

BACKGROUND:

The International City/County Management Association (ICMA) annual conference offers attendees an abundance of education, innovative ideas, information-sharing, and practical strategies for managing local government in today’s complex environment while also providing countless opportunities for professional and personal growth and networking. This year’s conference will be in Columbus, Ohio from September 17 – 21, 2022.

ANALYSIS:

The City of Milpitas Travel and Expense Policy requires approval of travel for elected officials and the City Manager by the City Council. Council approval of this request will allow City Manager McHarris to travel to Columbus, OH to represent the City. Attendance at the conference will also offer the City Manager the opportunity to garner additional knowledge from other city and county administrators and to share knowledge with the City Council and City staff. Continued participation and attendance in these types of conferences ensure that the Milpitas community is fully represented at the local, state, and national levels.

The total conference registration fee is $1,532.00 per attendee. Additional costs will include accommodations for a four-night hotel stay which is estimated at $1,057.50 (excluding hotel taxes/fees); meals estimated at $185.00; air travel fee is $1,120.20; ground transportation, and any other related conference costs. The total estimated cost for the City Manager to attend the conference is approximately $3,500.00 and will be covered by budgeted amounts in the FY 2022-23 Adopted Budget.

POLICY ALTERNATIVE(S):

Not applicable

FISCAL IMPACT:

The estimated expenses for the conference in Columbus, Ohio are $3,500.00 (registration, transportation, and hotel). Sufficient funds are available in the City Manager’s Office allocation of $15,000 for the Conferences / Trainings budget to pay for the requested travel expenses.

California Environmental Quality Act (CEQA):

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

RECOMMENDATION:

Authorize and approve out-of-state travel to Columbus, OH for City Manager Steve McHarris to attend the Annual Conference of the International City/County Management Association (ICMA) to be held September 17 270 Item # C14.

– 21, 2022, for an estimated not-to-exceed amount of $3,500.00 budgeted under Conferences/Trainings allocation for the City Manager’s Office.

Attachment(s):

Attachment 1: Draft 2022 International City/County Management Association Annual Conference Schedule

271
Item # C14.
2022 ICMA Annual Conference Agenda
ATTACHMENT 1
272
Item # C14.
2022 ICMA Annual Conference Agenda
273
Item # C14.
2022 ICMA Annual Conference Agenda

274
Item # C14.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Review the Proposed Youth Sports Scholarship Program City Council Policy and Provide Feedback to Staff (Staff Contact: Renee Lorentzen, Director of Recreation and Community Services, 408-586-3409)
Category: Community Services and Sustainable Infrastructure Meeting Date: 9/6/2022
Recommendation: Review the Proposed Youth Sports Scholarship Program City Council Policy and Provide Feedback to Staff

BACKGROUND:

At the June 7, 2022 City Council meeting, City Council appropriated $20,000 one-time for a new Youth Sports Scholarship Program, which would allow low income families in Milpitas to afford participating in organized sports, as part of approval of the FY 2022-23 Adopted Budget. Further, at Vice Mayor Carmen Montano's request, staff was directed to bring back for Council consideration a framework the scholarship program.

ANALYSIS:

Based on past programs offered through the Parks, Recreation and Cultural Resources Commission and scholarship programs offered similarly through other cities such as the City of Santa Clara, staff developed the draft Youth Sport Scholarship Program City Council Policy (see attached).

The Purpose of the Youth Sports Scholarship Program Policy is as follows:

1.1. The City of Milpitas believes that the enjoyment of sports by youth in Milpitas is important to the wellbeing of its youth and to the overall enrichment of the community.

1.2. The purpose of Youth Sports Scholarship Program is to

1.2.1. allow low-income Milpitas resident youth athletes, who are enrolled in a Milpitas youth sports organization to submit a request for funding assistance from the City.

1.2.2. establish a standardized process to award scholarships to qualifying youth athletes for athletic activity enrollment fees and uniforms and/or equipment.

The Policy statements, as outlined below, provide guidance to staff on scholarship applicant eligibility.

In addition to a timely and complete application, the applicant must demonstrate the following:

1. Applicant must reside in Milpitas and be enrolled in a Milpitas school

2. Applicant household income must qualify for the City of Milpitas, Milpitas Assistance Program (MAP)

3. Applicant must be enrolled or enrolling in a new season with a youth sport organization operating within the City of Milpitas with 51% or greater Milpitas residents.

4. Applicant’s youth sport organization of choice must conduct business in compliance with the non- discrimination requirements of the City, State and Federal government, and must not to participate in any process that discriminates based on sex, race, color, national origin, or religion.

5. Applicant can request funds to assist with participation in an amateur athlete group.

The Policy statements, as outlined below, provide guidance to staff on the scholarship applicant responsibilities.

The applicant must agree to and submit the following supplemental information with their application:

1. Three (3) proofs of residency:
a. Valid Driver’s License (parent and/or legal guardian) 275 Item # 15.

b. Proof of enrollment in a Milpitas School for the current school year c. Statement showing Parent or legal guardian’s name and Milpitas address. Acceptable forms of mail include Bank, Credit Card, Insurance (sensitive information should be redacted)

2. One (1) of the following type documents to qualify for MAP:
a. Proof of enrollment in PG&E Cares Program
b. Proof of enrollment in Free or Reduced Lunch Program at MUSD c. Household Income Tax Information

3. Provide proof of all fees related to the Scholarship Request.

4. Provide proof of enrollment and/or equipment purchase receipts related to the expenditure of scholarship funds upon completion of season or activity.

5. Complete all required tax forms related to scholarship award distribution.

6. Return any unused or misused funds back to the City of Milpitas.

The draft Policy identifies scholarship funding categories as:

1. Regular League Season Enrollment Fees

2. Competitive League Enrollment Fees

3. Special Tournament, or Event Enrollment Fees (beyond the normal spectrum or league play)

4. Uniforms and/or Equipment

Subject to annual appropriation of funds, the draft Policy identifies scholarship award limits at $500 per player in a fiscal year. With the current year appropriation of $20,000, the City will be able to assist at minimum 40 youth athletes.

Finally, the attached draft policy, based on the purpose, policy statements, and certain definitions, the scholarship program process is detailed including determining eligibility, application process, enrollment fee payment(s), and uniform and equipment cost reimbursement.

Next Steps:

Staff will return to the City Council in October with the final Youth Sports Scholarship Program Policy for approval. Upon final approval of the Policy in October, implementation of the program will start in November.

Fiscal Impact:

At the June 7, 2022 City Council meeting, City Council appropriated $20,000 one-time for a new Youth Sports Scholarship Program as part of approval of the FY 2022-23 Adopted Budget. Funding for subsequent fiscal years will require Council action as part of the development and approval of future budgets.

California Environmental Quality Act:

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

Recommendation(s):

Review the Proposed Youth Sports Scholarship Program City Council Policy and Provide Feedback to Staff

Attachment:

Draft Youth Sport Scholarship Program City Council Policy 276
Item # 15.

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CITY OF MILPITAS
Revision Date

CITY COUNCIL POLICY

Policy No:

Click or tap here to enter
text.

Youth Sports Scholarship Program Effective Date:

Click or tap to enter a
date.

Revision No:

Click or tap here to enter
text.

Policy Administrator:

Recreation and Community Services
Next Review Due:

Click or tap to enter a
date.

Related Policies and
Procedures:

Click or tap here to enter
text.

Approved by:

City Council
Date Approved:

Click or tap to enter a
date.

1. PURPOSE

1.1. The City of Milpitas believes that the enjoyment of sports by youth in Milpitas is important to the wellbeing of its youth and to the overall enrichment of the community.

1.2. The purpose of Youth Sports Scholarship Program is to

1.2.1. allow low-income Milpitas resident youth athletes, who are enrolled in a Milpitas youth sports organization to submit a request for funding assistance from the City.

1.2.2. establish a standardized process to award scholarships to qualifying youth athletes for athletic activity enrollment fees and uniforms and/or equipment.

2. POLICY

2.1. Annually, and subject to availability of funds, the City Council shall establish scholarship program appropriation(s) as part of the regular City Fiscal Year Budget process.

2.2. Youth Sports Scholarships shall not exceed $500 per applicant, per fiscal year.

2.3. Youth Sports Scholarships will fund athlete costs associated with:

2.3.1. Regular League Season Enrollment Fees

2.3.2. Competitive League Enrollment Fees

2.3.3. Special Tournament or Event Enrollment Fees (beyond the normal league play)

2.3.4. Required Uniforms and/or Equipment Purchases

2.4. To receive scholarship funds, applications must be submitted at least thirty (30) days before the planned League enrollment date(s),

2.5. Applications are evaluated by the Director of Recreation and Community Services’ Office or their designee on a case-by-case and “first come-first served” basis, throughout the fiscal year.

Applicants are encouraged to submit their applications at the beginning of the fiscal year, for events or activities occurring at any time during that fiscal year, to maximize opportunity for availability of funds.

2.6. The Director of Recreation and Community Services’ Office or their designee shall approve or deny an applicant’s request based upon the eligibility criteria set forth below, and subject to funding availability as approved by the City Council through the adoption of the annual budget.

2.7. In all cases, the City reserves the right to reject any and all applications in the event the Director 277
Item # 15.

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of Recreation and Community Services’ Office identifies a potential conflict of interest or the appearance of a conflict of interest. Submission of an application in no way obligates the City to award a grant and the City reserves the right to reject any or all applications, wholly or in part, at any time, without penalty.

3. DEFINITIONS

3.1. A Milpitas resident youth is defined as a person aged 18 years and younger, currently enrolled in grades pre-k through 12th grade, that live in Milpitas.

3.2. An amateur athlete group is defined as a group which does not receive financial compensation or prize money for their participation in any athletic event.

4. PROCEDURE

4.1. Eligibility: In addition to a timely and complete application, the applicant must demonstrate the following:

4.1.1. Applicant must reside in Milpitas and be enrolled in a Milpitas school

4.1.2. Applicant household income must qualify for the City of Milpitas, Milpitas Assistance Program (MAP)

4.1.3. Applicant must be enrolled or enrolling in a new season with a youth sport organization operating within the City of Milpitas with 51% or greater Milpitas residents.

4.1.4. Applicant’s youth sport organization of choice must conduct business in compliance with the non-discrimination requirements of the City, State and Federal government, and must not to participate in any process that discriminates based on sex, race, color, national origin, or religion.

4.1.5. Applicant can request funds to assist with participation in an amateur athlete group.

4.2. Applicant Responsibilities: The applicant must agree to and submit the following supplemental information with their application:

4.2.1. Three (3) proofs of residency:
• Valid Driver’s License (parent and/or legal guardian) • Proof of enrollment in a Milpitas School for the current school year • Statement showing Parent or legal guardian’s name and Milpitas address.

Acceptable forms of mail include Bank, Credit Card, Insurance (sensitive information should be redacted)

4.2.2. One (1) of the following type documents to qualify for MAP:
• Proof of enrollment in PG&E Cares Program
• Proof of enrollment in Free or Reduced Lunch Program at MUSD • Household Income Tax Information

4.2.3. Provide proof of all fees related to the Scholarship Request.

4.2.4. Provide proof of enrollment and/or equipment purchase receipts related to the expenditure of scholarship funds upon completion of season or activity.

4.2.5. Complete all required tax forms related to scholarship award distribution.

4.2.6. Return any unused or misused funds back to the City of Milpitas.

4.3. Application Process

4.3.1. Applicants submit timely and complete scholarship applications with all supplemental information to the Director of Recreation and Community Services (Director) or their designee via an online Scholarship Application.

4.3.2. Only complete scholarship applications with required supplemental information will be reviewed. Incomplete applications will be denied and must be resubmitted.

4.3.3. Applicants must submit an individual application for each youth athlete in an applying household, per sport.
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Item # 15.

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4.3.4. Director or their designee’s Office will review application(s) for compliance with eligibility criteria and availability of funds.

4.3.5. Director or their designee may seek additional information from applicant as necessary.

4.3.6. If an application is approved then the approved application will be marked accordingly and shall be transmitted to the applicant with additional instructions, if any.

4.3.7. If an application is not approved by the Director or their designee’s Office, the applicant will be notified in writing.

4.3.8. If the applicant has received a scholarship for enrollment fees, fees will be paid directly to the sport organization from the City.

4.3.9. If the applicant has received a scholarship for uniforms and/or equipment, the scholarship program staff will:

4.3.9.1 Reimburse the applicant upon applicant purchase and provision of receipts; or

4.3.9.2 Pay fees directly to the sport organization selling uniforms and/or equipment; or

4.3.9.3 Purchase directly for the applicant via provided online store link(s).

4.3.9.4 Staff shall report any distributions in accordance with applicable tax law.
279
Item # 15.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Appoint Members to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Community Task Force (Staff Contact:

Walter Rossmann, Deputy City Manager, 408-586-3012)
Category: Leadership and Support Services
Meeting Date: 9/6/2022
Recommendation:
1) Approve the appointment of four (4) CEDAW Task Force members 2) Consider Mayor’s appointment of a City Councilmember to the CEDAW Task Force and move to confirm the appointment

Background:

The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), an international human rights treaty, provides a universal definition of discrimination against women and brings attention to a range of issues concerning women's human rights. Countries that ratify CEDAW are mandated to condemn all forms of discrimination against women and girls and to ensure equality for women and girls in the civil, political, economic, social and cultural arenas. The United Nations General Assembly adopted CEDAW in 1979 and President Carter signed the treaty on behalf of the United States in 1980, but the United States Senate has not yet ratified CEDAW. Since 1995, state and local jurisdictions have stepped up and passed resolutions in support of CEDAW. Some have implemented ordinances establishing CEDAW principles as law. In 2014, municipalities across the nation began signing onto the Cities for CEDAW Initiative, pledging to step up where the federal government has failed and implement the principles of CEDAW at the local level.

The City of Milpitas passed Resolution No. 8973 on May 19, 2020, in support of CEDAW, and on June 16, 2020, adopted Ordinance No. 306 which directed the establishment of a community Task Force to implement the principles of CEDAW in the Milpitas community at large.

In preparation for the formation of the Task Force, City Staff applied for and was awarded $25,000 from the California Commission on the Status of Women and Girls “Women’s Recovery Response”, for staff support to form the new Task Force for 6 months.

Per the City Council approved City Commissioner Handbook, the description and role of Ad Hoc, Citizen Task Forces, and Committees is as follows:

“From time to time, as needs arise, the Milpitas City Council may choose to appoint residents to serve on ad hoc advisory bodies. Examples have included the Citizens Budget Task Force, Campaign Finance Reform Committee and Citizens Task Force on Water Rates. Each body to which members are appointed by the City Council shall report back to the Council at appropriate intervals and upon conclusion of the task assigned by the Council. Members’ service concludes once a final report is provided to City Council, or as City Council directs.”

Analysis:

The City of Milpitas passed Resolution No. 8973 on May 19, 2020, in support of CEDAW, and on June 16, 2020, adopted Ordinance No. 306 which directed the establishment of a community Task Force to implement the principles of CEDAW in the Milpitas community at large.

Per Ordinance No. 306 the Task Force members shall represent the community at large and the composition of the Task Force shall at a minimum, include the following:
280
Item # 16.

 One member with subject matter expertise in Economic Development  One member with subject matter expertise in Violence Against Women and Girls  One member with subject matter expertise in Healthcare  One youth liaison member from the club “Girl Up” from the Milpitas High School  One Council Liaison (to be appointed by the Mayor with concurrence of the Council)  One Staff Liaison (to be appointed by the City Manager)

Staff reached out to several non-profit organizations, social services and healthcare organizations, and the Milpitas Unified School District, to receive task force member application forms. Staff received seven (7) applications for the four (4) community member task force seats.

Considering the designated applicant representative areas, the following applicants are recommended for further consideration for the CEDAW Task Force:

Applicant Name Applicant Title Applicant Organization Proposed Task Force Representative Seat
Vicky Ly ASB President Girl UP Club – MHS Youth Liaison – Girl UP Zakia Afrin Board Member Maitri – Domestic
Violence Victims’
Advocacy
Violence Against Women
and Girls
Giuliana Brahim Adult Education Principal Milpitas Unified School District
Economic Development
Dr. Swatisikta Physician Healthcare Practice Healthcare

Per Ordinance No. 306 seats, the Task Force has one (1) Council Liaison (to be appointed by the Mayor with concurrence of the Council), and one (1) Staff Liaison (to be appointed by the City Manager).

The City Manager has appointed Ashwini Kantak, Assistant City Manager, as the City Staff Liaison.

Consistent with the City Council approved Commissioner Handbook and current practice for other City Task Force’s, the CEDAW Community Task Force and its members would be subject to the Brown Act or Open Meetings law found in the California Government Code section 54950 et seq. Should discussion items or initiatives need voting or consensus, similar to City Commissions, City Council Liaisons and Staff Liaisons do not participate, but help guide and/or inform the discussion as needed.

Fiscal Impact:

There is no fiscal impact with this item appointment of members to the CEDAW Community Task Force.

California Environmental Quality Act:

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

Recommendation(s):

1. Approve the appointment of four (4) CEDAW Task Force members

2. Consider Mayor’s appointment of a City Councilmember to the CEDAW Task Force and move to confirm the appointment
Attachment:

1. California Commission on the Status of Women and Girls “Women’s Recovery Response”

2. CEDAW Task Force Applications
281
Item # 16.

Women’s Recovery Response:

Grant Funding Opportunity

APPLICATION
www.women.ca.gov
[email protected]

282
Item # 16.

WOMEN’S RECOVERY RESPONSE: GRANT FUNDING OPPORTUNITY
Application Release Date: January 10, 2022
Purpose of Solicitation
The California Commission on the Status of Women and Girls (CCSWG) is soliciting applications for the Women’s Recovery Response Grant Program to support the existing and emerging needs of women in California who have been disproportionately impacted by the COVID-19 pandemic. This Grant Funding Opportunity (GFO) solicitation provides detailed information and forms necessary to prepare a proposal for CCSWG grant funds.

This is the first round of grant funds administered by the Commission is available on a rolling basis through fiscal year 2021-2022.

About the California Commission on the Status of Women and Girls For more than 50 years, the California Commission on the Status of Women and Girls has identified and worked to eliminate inequities in state laws, practices, and conditions that affect California’s women and girls. Established as a state agency with 17 appointed commissioners in 1965, the Commission regularly assesses gender equity in health, safety, employment, education, and equal representation in the military, and the media. The Commission provides leadership through research, policy and program development, education, outreach and collaboration, advocacy, and strategic partnerships.

Eligibility
Eligible applicants must be one of the following:

A. Local women’s commission established with a city or county government.

B. Local government entity for the purpose of establishing new commissions and/or other grant funded activities that support and align with the mission of women and girl’s commissions.

C. Statewide or local nonprofit
1 with an established history of programming and/or
services that support and align with the mission of women and girl’s commissions.

Availability
Applicants may apply for funds totaling $25,000 up to $250,000 based on the funding category for which they are applying. Based on availability of funds, CCSWG may choose to exceed or restrict the maximum amount for awards. The period of performance for projects funded will be 12 months, with an anticipated start date of March 1, 2022.

Submission Deadline
Completed grant applications must be submitted by 4:00 p.m. PST on Friday, February 4, 2022 using the online portal at https://women.ca.gov/womens-recovery-response/ Grant Award Performance Period
March1, 2022 – February 28, 2023 (Final reporting due to CCSWG by March 1, 2023) Contact Information
Questions concerning this GFO, the proposal process, or programmatic issues must be submitted in writing by email to: [email protected] . Please do not submit questions to individual staff or Commissioners as these will not be answered.

1 “Non-profit organization” means an organization qualified to do business in California and qualified under Section 501(c)(3) of Title 26 of the United States Code. 283 Item # 16.

I. OVERVIEW
As the state entity tasked with assessing gender equity in multiple issue areas including health, safety, employment, education, and others, the California Commission on the Status of Women and Girls is uniquely positioned to support local commissions and the direct service providers they work with to ensure that women’s needs are focused on statewide recovery efforts. The Budget Act of 2021 (Senate Bill 129) established the Women’s Recovery Response to provide local assistance with $5 million in one-time funds.

The investment will insert structural support and resources into the network of local commissions while the California Commission continues to act as a statewide convener, facilitator, and oversight administrator. Funds will support:
1) Existing local women’s commissions by engaging and strengthens existing local women’s commissions to ultimately inform the development of a future statewide Women’s Economic Recovery Blueprint.
2) Development of new local commissions at the city and county level to increase diverse representation of all women’s voices throughout California. 3) Increase resources for community-based organizations providing direct services to support immediate needs for women through an economic security lens that ultimately support and align with the mission of women and girl’s commissions.

The goal of this Grant Funding Opportunity is to build a more direct system of support for women in communities across the state by strengthening the existing network of local commissions, growing diverse representation of all women’s voices through the establishment of new local commissions, and provide immediate relief to women by increasing resources for direct service providers to support the economic recovery of women and the economic circumstances of girls.

As we grapple with the long-term consequences and persistent challenges of this pandemic, it is imperative that women across the state, in all industries and localities, receive the support they need. The California Commission on the Status of Women and Girls is committed to leading the work to understand the impact of COVID-19 on women and families and ensuring that they are represented. This funding and the commitment from those who championed it is a key element of rebuilding in the wake of the pandemic. The California Commission on the Status of Women and Girls is proud to take this critical step toward equitable recovery statewide.

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Current Geographic Distribution of Local Women’s Commissions in California

Purple represents counties operating local women commissions.

Listed cities represent cities operating local women commission which also reside within purple counties.

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II. PROGRAM REQUIREMENTS
This grant is governed by and shall be interpreted in accordance with the laws of the State of California.

A. Conflict of Interest
All participants are subject to State conflict-of-interest laws. Failure to comply with these laws, including business and financial disclosure provisions, will result in the proposal being rejected and any agreement being declared void. Applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 10410 and 10411.

Pursuant to conflict of interest laws, individuals working on behalf of a funding recipient (grantee) may be required to file a Statement of Economic Interests (Form 700). You may review filing requirements at: https://www.fppc.ca.gov
.

B. Confidentiality
Applicants should be aware that when submitting a proposal to the State, they will waive their rights to the confidentiality of the contents of the proposal. Once a decision on an application has been made by DWR, the proposal is subject to disclosure pursuant to the California Public Records Act (Gov. Code, § 6250 et seq.).

C. Labor Code Compliance
As part of the funding agreement, the funding recipient shall agree to be bound by all the provisions of the Labor Code regarding prevailing wages and shall monitor all contracts subject to reimbursement from the funding agreement to assure that the prevailing wage provisions of the Labor Code are being met. Current Department of Industrial Relations (DIR) requirements may be found at: http://www.dir.ca.gov/lcp.asp .

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III. APPLICANT INFORMATION
A. Legal applicant
Please provide the required information for the legal applicant organization Name of Organization
City of Milpitas
Title of Proposal
Advancing Women in Milpitas
Type of Organization
Local Government City Commission
Primary Contact [First and Last Name]
Ashwini Kantak
Address, City, State and Zip Code
455 East Calaveras Blvd. Milpitas, CA 95035
Phone
408-586-3053
Email
[email protected]
*By entering your information, you agree to be entered into our database and received future communication from CCSWG.

B. Communities
Please identify the current footprint of cities and counties your organization serves.

COUNTIES CITIES
Santa Clara City of Milpitas
Enter the county name. Enter the city name.

Enter the county name. Enter the city name.

Enter the county name. Enter the city name.

C. How long (in years and/or months) has the applicant organization been in existence? 68 Years
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D. Please select if the applicant organization received any grants from:
☒ State of California
☒ Federal Government
☒ City and/or County
☒ Other
☐ Applicant organization has not received any grants
Please list name of the grant program(s) awarded here
See attached separate document.

E. Has the applicant organization ever been convicted of violating federal criminal law involving fraud, bribery, or gratuity violations?
☐ Yes
☒ No
F. Does the applicant organization have a current lawsuit filed against them or previously had a lawsuit filed against them in the last five (5) years? ☒ Yes
☐ No
G. How many times in the past five (5) years has the applicant organization received an audit and/or monitoring finding(s)?
☒ The applicant organization has not received an audit finding in the past five years ☐ 1-3 findings
☐ 4-6 findings
☐ 7+ findings
H. Does your accounting system identify and track expenditures and receipt of program funds?
☒ Yes
☐ No
If you selected “no,” please briefly explain how your organization would track grant expenditures.

If you selected “no,” please briefly explain how your organization would track grant expenditures.

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IV. FUNDING CATEGORIES
A. Awarded Activities
CCSWG solicits proposals for projects that accelerate women’s economic recovery from the impact of COVID-19. Grant funds will support activities intended to increase engagement/representation and improve economic security for women and girls.

Applicants can apply for any or all the funding categories with one exception:

Proposals to establish new local commissions can only apply for Capacity Building funds and no other category. Please select all areas of funding you are applying for:
☒ Capacity Building [$25,000 - $50,000]
Strengthen an existing organization’s systems and operations; establish a new local commission (city or county); and may involve human capacity, developmental skill- building, or structural sustainability to improves ability to serve intended target audience of local women and girls.

Describe the needs of your community, the history and purpose of the organization and how additional funding will support the organization’s ability to serve the identified target audience. Describe how the organization has served or intends to serve those most impacted communities affected by Covid-19 and how your proposal support and align with the mission of women and girl’s commissions. Describe how impact was measured and of success achieved, and how you propose to increase impact on the most affected populations of women and girls with this funding [Max 1,500 words].

Established in 1954, Milpitas is a general law city with a Council-Manager form of government.

Milpitas is located at the southern end of San Francisco Bay and is an integral part of Silicon Valley. Milpitas is a progressive community with a diverse population of over 80,000. It is a full- service city with water utility, sewer utility, police and fire services. The City Council has established the following seven priority areas of service and policy: public safety, environment, transportation and transit, economic development and job growth, neighborhoods and housing, community wellness and open space, and governance and administration.

During the COVID-19 pandemic, the City of Milpitas has taken many actions to assist the community including small business grant programs, a rent relief program, several services for the unhoused, and programs to help vulnerable sections of the community such as domestic violence victims, at risk youth and the LGBTQ+ community.

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), adopted in 1979 by the UN General Assembly, defines what constitutes discrimination against women and brings attention to a range of issues concerning women's human rights. President Carter signed the treaty on behalf of the United States in 1980, but the United States Senate has not yet ratified CEDAW. Since 1995, state and local jurisdictions have stepped up and passed resolutions in support of CEDAW. Some have implemented ordinances establishing CEDAW principles as law. In 2014, municipalities across the nation began signing onto the Cities for CEDAW Initiative, pledging to step up where the federal government has failed and implement the principles of CEDAW at the local level.

The Convention defines discrimination against women as "...any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men 289
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and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field."
On May 19, 2020, the City of Milpitas passed Resolution No. 8973 in support of CEDAW. On August 4, 2020, the Milpitas City Council adopted CEDAW principles through Ordinance 306. In implementing CEDAW, the City recognizes the connection between racial discrimination, as articulated in the International Convention on the Elimination of All Forms of Racial Discrimination, and discrimination against women. This means the City would ensure that there would not be discrimination against women in areas including employment practices, allocation of funding and delivery of direct and indirect services.

There remains a need to strengthen local mechanisms, institutions and procedures and to provide adequate resources, commitment and authority to: (1) advise on the impact of all government policies on women and girls; (2) monitor the situation of women comprehensively in recognition of the interconnectedness of discrimination based on gender, race and other social criteria; and (3) help formulate new policies and effectively carry out strategies and measures to eliminate discrimination.

As part of the adoption of Ordinance 306, the Milpitas City Council also directed the establishment of a community Task Force to implement the principles of CEDAW in the Milpitas community at large. The community Task Force will include at least six members, including a staff liaison (to be appointed by the City Manager), a City Council liaison (to be appointed by the Mayor with concurrence of the Council), a youth liaison from the club “Girl UP” from Milpitas High School (selected by members of the club to represent youth in the community), and members with subject- matter expertise in the areas of Economic Development, Violence Against Women and Girls, and Healthcare.

The City community Task Force will assist in the implementation of the principles of CEDAW.

Economic Development

1. The City shall take all appropriate measures to eliminate discrimination against women and girls in the City of Milpitas in employment and other economic opportunities, including, but not limited to, ensuring: (A) The right to the same employment opportunities, including the application of the same criteria for selection in matters of employment and the right to receive access to and vocational training for nontraditional jobs; (B) The right to promotion, job security and all benefits and conditions of service, regardless of parental status, particularly encouraging the appointment of women to decision making posts, City revenue generating and managing commissions and departments, and judicial positions; (C) The right to equal remuneration, including benefits and to equal pay in respect to work of equal value; (D) The right to the protection of health and safety in working conditions, including supporting efforts not to purchase sweatshop goods, regular inspection of work premises, and protection from violent acts at the workplace.

2. The City shall encourage and, where possible, fund the provisions of the necessary supporting social services to enable parents to combine family obligations with work responsibilities and participation in public life, in particular through promoting the establishment and development of a network of childcare facilities, paid family leave, family- friendly policies and work-life balance.

3. The City shall encourage the use of public education and all other available means to urge financial institutions to facilitate women's access to bank accounts, loans, mortgages, and other forms of financial services.

Violence Against Women and Girls
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1. The City shall take and diligently pursue all appropriate measures to prevent and redress sexual and domestic violence against women and girls, including, but not limited to: (A) Police enforcement of criminal penalties and civil remedies, when appropriate; (B) Providing appropriate protective and support services for survivors, including counseling and rehabilitation programs; 551 Ordinance No. 306 4 (C) Providing gender-sensitive training of City employees regarding violence against women and girls, where appropriate; and (D) Providing rehabilitation programs for perpetrators of violence against women or girls, where appropriate. The City shall not discriminate on the basis of race, ethnicity, culture, language or sexual orientation, when providing the above supportive services.

2. It shall be the goal of the City to take all necessary measures to protect women and girls from sexual harassment in their places of employment, school, public transportation, and any other places where they may be subject to harassment. Such protection shall include streamlined and rapid investigation of complaints.

3. Prostitutes are especially vulnerable to violence because their legal status tends to marginalize them. It shall be the policy of Milpitas that the Police Department diligently investigate violent attacks against prostitutes and take efforts to establish the level of coercion involved in the prostitution, in particular where there is evidence of trafficking in women and girls. It shall be the goal of the City to develop and fund projects to help prostitutes who have been subject to violence and to prevent such acts.

4. The City shall ensure that all public works projects include measures, such as adequate lighting in accordance with Occupational Safety and Health Organization (OSHA) standards for the type of construction work being performed, to protect the safety of women and girls.

5. It shall be the goal of the City to fund public information and education programs to change traditional attitudes concerning the roles and status of women and men.

Health Care

1. It shall be the goal of the City to take all appropriate measures to eliminate discrimination against women and girls in the field of health care in order to ensure, on a basis of equity, information about and access to adequate health care facilities and services, according to the needs of all communities, regardless of race, ethnicity, culture, language, and sexual orientation, including information, counseling and services in family planning.

2. It shall be the goal of the City to ensure that women and girls receive appropriate services in connection with prenatal care, delivery, and the post-natal period, granting free services where possible, as well as adequate nutrition during pregnancy and lactation.

3. In undertaking the enforcement of this ordinance, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.

With many ongoing challenges related to the COVID-19 pandemic and other City priorities, the Task Force has not yet been established. If awarded the grant, the grant funding will be used to hire a part time special projects associate to conduct outreach and solicit applications for the Task Force. The special projects associate will provide administrative support to the Task Force for the first six months after Task Force establishment. This administrative support could include scheduling meetings, preparing meeting agendas and minutes, and supporting the Task Force members on various initiatives needed to implement the City goals stated above. Funding for ongoing administrative support after the grant funding has been expended will be considered through the City’s annual budget process.

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☐ Communications [$25,000 - $50,000]
Design and/or support digital communications strategies; support education and engagement opportunities to reach intended audience; may involve website development, social media, online content creation, collateral development, language translations, media/PR efforts.

Describe the communication strategies you plan to deploy and how you will achieve effective communications among the identified target audience [Max 1,000 words].

Describe the communication strategies you plan to deploy and how you will achieve effective communications among the identified target audience [Max 1,000 words].

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☐ Community Engagement [$25,000 - $150,000]
Create, facilitate, and promote outreach and engagement opportunities; collect stories, data and community solution proposals and gather input from women impacted by the COVID-19 pandemic (will be shared with CCSWG and the public); may involve public meetings, interviews, convening with community groups and residents with an emphasis on strategic engagement of underrepresented women and girl’s voices.

Identify the engagement activities you plan to deploy and how it will achieve community participation among the identified target audience [Max 1,000 words].

Identify the engagement activities you plan to deploy and how it will achieve community participation among the identified target audience [maximum 1,000 words].

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☐ Direct Services [$50,000 - $150,000]
Support the organization’s existing programming and direct services; increase services to the intended target audience of women for the purpose of improving economic opportunity and security for women and girls.

Detail the program activities and how additional funding will support increased impact for the identified target audience [Max 1,000 words].

Detail the program activities and how additional funding will support increased impact for the identified target audience [Max 1,000 words].

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☐ Re-Granting [$100,000 - $250,000]
Support the organization’s existing grant program(s); expand impact to the intended target audience of women and girls for the purpose of improving economic opportunity and security for women and girls.

Detail the purpose and impact of the grant program and how additional funding will support increased impact for the identified target audience [Max 1,000].

Detail the purpose and impact of the grant program and how additional funding will support increased impact for the identified target audience [Maximum 1,000 words].

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B. Target Population(s)
Select the following audience(s) of women and girls your proposal intends to target. [Select all that apply]:
☒ Low Income
☒ Unemployed or Underemployed
☒ Non or Limited English-Speaking
☒ BIPOC
☒ American Indian/Alaskan Native
☒ Immigrants or Refugees
☒ People with Disabilities
☒ Veterans
☒ LGBTQIA
☒ Unhoused
☐ Rural populations
☒ Underserved Seniors or Young Adults
C. Target Communities
Please identify the footprint of cities and counties your organization proposes to serve with this application:

COUNTIES CITIES
Santa Clara City of Milpitas
Enter the county name. Enter the city name.

Enter the county name. Enter the city name.

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V. BUDGET
A. Budget Narrative
Describe the budget and how it will support the objectives of your proposal [Max 1,000 words
The grant will fund a special projects associate for 7.5 months. Salary and benefits for a special projects associate will be approximately $25,000 for about 300 hours of time. The position will be part time and will work on an average for 10 hours in support of the CEDAW Task Force. The hours per week may vary over the course of the grant timeframe and will be contingent on the frequency of Task Force meetings and the initiatives undertaken by the Task Force in the first six months after establishment. The $5,000 budget for operating costs will cover outreach activities such as printing, distribution of materials, and meeting supplies and refreshments. No sub-grants will be issued nor will any consultants be hired for this work.

B. Cost Sheets
Fill out your proposed budget by using the Exhibit A: Cost Sheet Template • Salaries includes services performed by staff directly employed by the applicant and must be identified by position, cost and time spent on allowable activities for the grant award. Personnel may be salaried or hourly, full- time or part-time positions.
• Employee Benefits must be identified by type and percentage of salaries. The applicant may use fixed percentages of salaries to calculate benefits. • Operating Costs defined as necessary expenditures other than personnel salaries, benefits, and equipment. The costs must be grant related and be encumbered during the performance period.

C. Invoices
Disbursement of grant funds occurs in one lump sum upon execution of the Grant Agreement. The State Controller’s Office (SCO) will issue the warrant (check) to the Legal Applicant listed in the application. Grantees must submit statements of expenditures with each progress report according to the scheduled due dates.

Grantees must maintain adequate supporting documentation for all costs claimed on invoices to substantiate project expenditures.

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VI. TIMELINE OF REQUIRED ACTIVITIES
A. If awarded funds, will the organization be able to participate in the required activities outlined in the dates provided in this application?
☒ Yes
☐ No
B. Dates
The following dates are a projection at this time and will be finalized as final grantees awards are administered and the grant program commences.

KEY DATES
1/10/11
Grant Application is released to the public
1/20/22
Technical Assistance Webinar
• Applicants are highly encouraged to participate
2/4/22
Grant Applications are due no later than 4 p.m. PST
2/7/22 – 2/21/22
Grant Review Period by CCSWG
• Applicants must be available to answer questions
2/22/22 – 2/28/22
Grantee award notification period
• Applicants will be notified by email
• Instructions will be provided for any final granting documents required 3/1/22 – 3/4/22
Grants are awarded and activities can commence
March 2022
Women’s History Month required communications and engagement activities • Specific dates, details and toolkit for participation will be provided April 2022
Grantee webinar on the Statewide Blueprint
• Specific date and details for participation will be provided 5/1/22
1st Progress Report is due
• Will provide some anecdotal data/testimony to include in the Blueprint 5/11/22
Advocacy Day prep training required for all grantees and partners 5/18/22
Advocacy Day participation required of all grantees
• Date is tentative and grantees will be notified of confirmation

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C. Specialized Trainings
Throughout the course of the 12-month grant award period, CCSWG will be administering required trainings for grantees, bringing in experts, relevant content and supportive resources on topics that involve:
• Diversity, equity, and inclusion
• Strategic communications
• Impact reporting
• Tool development and implementation
Final topics will be determined in collaboration with grantees. Confirmed dates will be provided with advance notice to grantees. Key deliverables and outcomes of training will be identified with advance notices to grantees.

D. Progress Reports to CCSWG
Report Report Period Due Date
1st Report March1 – April 30, 2022 May 1, 2022
2nd Report May 1 – July 31, 2022 August 1, 2022
3rd Report August 1 – October 31, 2022 November 1, 2022 Final Report November 1 – February 28, 2023 March 1, 2023 *Statements of expenditures will be required with each progress report. *Progress Report template will be provided once grants are awarded.

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EXHIBIT A: COST SHEET TEMPLATE
Grant Funding Opportunity: Women’s Recovery Response
Organization City of Milpitas
Proposal Title Advancing Women in Milpitas
Category of Funding
Budge template cost sheet must be completed for each
individual Category of Funding you are requesting in your proposal. Select the category of funding for this Cost Sheet.

☒ Capacity Building
☐ Communications
☐ Community Engagement
☐ Direct Services
☐ Re-Granting
Budget Category - Personnel Total
Salaries/Wages/Benefits
Total Salary, Medicare taxes, and PERS benefits $25,000 Subtotal $25,000
Budget Category – Operating Expenses Total
Supplies/Materials
For outreach materials, printing costs $5,000
Subtotal $5,000
Budget Category – Subgrants Total
Re-Granting
N/A $0
Subtotal $0
Consultant Services
N/A $0
Project Total $0
Indirect Cost Rate Applied 0.0 % Indirect Cost
$0
Check one: No Indirect State Negotiated Cost Rate* Indirect proposed cost rate *please attach supporting documentation for required ICR Grand Total $30,000

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CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Introduce an Ordinance of the City Council of The City Of Milpitas Adding Chapter 9 (“Use Of Rights-Of-Way And Public Property”) to Title X (“Streets And Sidewalks”) of the Milpitas Municipal Code and Adding Section X-10-1.03 to Chapter 10 (“Structures Or Objects On Sidewalks Or Public Ways”) to Title X (“Streets And Sidewalks”) of the Milpitas Municipal Code (Staff Contact: Michael Mutalipassi, City Attorney, 408-586-3041)
Category: Leadership and Support Services
Meeting Date: 9/6/2022
Recommendation: Following the City Attorney’s reading aloud the title, move to waive the reading beyond the title and introduce an Ordinance of the City Council of the City of Milpitas Adding Chapter 9 (“Use Of Rights-of-way and Public Property”) to Title X (“Streets and Sidewalks”) of the Milpitas Municipal Code and adding Section X-10-1.03 to Chapter 10 (“Structures or Objects on Sidewalks or Public Ways”) to Title X (“Streets and Sidewalks”) of the Milpitas Municipal Code

Background:

On February 28, 2022, the City Council, City Manager, and Chief of Police received a letter from the Law Foundation of Silicon Valley setting forth a request to cancel the health and safety cleanup of an encampment on Railroad Avenue. In that letter, the Law Foundation alleged that the City of Milpitas did not have a local law that would allow it to seize personal property during a health and safety cleanup. Thereafter, the Council requested that the City Attorney prepare an ordinance to address the use of rights-of-way and public property.

Analysis:

It is the obligation of the City to keep its public rights-of-way clean and available for public use, and to protect the public health, safety, and access by all people. Maintaining pedestrian and authorized commercial activity on public sidewalks is essential to public safety, thriving neighborhoods and a vital economy in the City.

Business areas and neighborhoods become dangerous to pedestrian safety and economic vitality when individuals block the public sidewalks. This behavior causes a cycle of decline as residents and visitors go elsewhere to walk, meet, shop, and dine, and residents become intimidated from using the public sidewalks in their own neighborhoods. Nonetheless, the City should seek to accomplish its objectives in a manner that preserves the dignity and safety of all residents, exhausts alternative models to promote compliance, and, when possible, sustainably addresses street homelessness with a trauma informed approach.

The ordinance adds Chapter 9 (“Use of Rights-of-way and Public Property”) to Title X (“Streets and Sidewalks”) of the Milpitas Municipal Code. This new chapter addresses the lawful use of rights-of-way and public property within the City of Milpitas. Section X-9-1.00 prohibits sitting, lying, or sleeping, or storing, using, maintaining, or placing personal property, or erecting any tent or structure in specific places within the City at all times and anywhere in the City between the hours of 7 a.m. and 11 p.m. The section creates a blanket prohibition with regard to impeding passage in violation of the ADA, within ten feet of a driveway or loading dock, within five feet of a building entrance, within five feet of a fire hydrant, interferes with property subject to a City issued permit, or interferes with or obstructs any portion of the right-of-way open to motor vehicle or bicycle traffic. That section allows the City to prohibit sitting, lying, or sleeping, or storing, using, maintaining, or placing personal property, or erecting any tent or structure in any signed area within 500 feet of a public 308
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building, school, day care center, public park, recreation center, or public library. It also creates a means for the City Council to identify by resolution certain sensitive locations in the City. Once those areas are identified and signed, it will be prohibited for a person to sit, lie, or sleep, or store, use, maintain, or place personal property, or erect any tent or structure within the designated location. The prohibition in these designated sensitive areas will be effective for the time specified in the resolution not to exceed one year.

Section X-9-2.00 declares property in the public right-of-way in violation of section X-9-1.00 a public nuisance and sets forth the procedure for abating such a nuisance while ensuring appropriate due process. In order to remove property that is not merely abandoned, the City will have to give a written notice to the property owner and post a written notice on or near the property to be removed. Notice must be given no fewer than 24 hours prior to removal, though in most cases, notice will be given well in advance of the 24-hour minimum and will include housing outreach. Items taken, that had not been abandoned, will be stored for 90 days. The owner of such items will be allowed to retrieve them without charge. After property is removed, a second notice will be posted detailing the process for retrieval.

Section X-9-3.00 sets forth the penalties for violations of sections X-9-1.00. Prior to any penalty being enforced, an officer must put the violator on notice of the prohibited conduct. The violator cannot face a penalty if the conduct is corrected after notice from the officer. If the violator refuses the correct the conduct, they will face a fine of between $50 and $100 or the equivalent community service. Penalties increase for repeat violations. A repeat violator may ultimately face a fine of up to $500 or imprisonment in County Jail for a period of not more than 30 days.

The ordinance also amends Chapter 10 (“Structures or Objects on Sidewalks or Public Ways”) to Title X (“Streets And Sidewalks”) of the code. Chapter 10 prohibits “any structure or other object (including, but not limited to, containers for the collection of newspapers for recycling) upon any public street, or sidewalk, or within the right-of-way thereof or within or upon any public easement or public property (including but not limited to public parks and landscaped areas) within the City of Milpitas.” (X-10-1.00.) Section X-10-1.03 being added to Chapter 10 exempts any detached tent, detached structure, or other detached object used for sitting, sleeping, or lying outside by a person who cannot otherwise obtain shelter.

Policy Alternative:

Alternative: Do not adopt the Ordinance of the City Council of the City of Milpitas Adding Chapter 9 (“Use Of Rights-of-way and Public Property”) to Title X (“Streets and Sidewalks”) of the Milpitas Municipal Code and Adding Section X-10-1.03 to Chapter 10 (“Structures or Objects on Sidewalks or Public Ways”) to Title X (“Streets and Sidewalks”) of the Milpitas Municipal Code.

Pros: The status quo will be preserved.

Cons: The City will be without regulations with regard to the use of public rights-of-way and the removal of personal property therefrom.

Reason not recommended: the City Council wishes to adopt a policy regarding the use of public rights-of-way and the removal of personal property therefrom.

Fiscal Impact:

There is no cost to adopt the ordinance. There will, however, be costs associated with the enforcement of the ordinance. The City will expend police resources to enforce the ordinance and public works resources on potential disposal or storage of property left in the public right-of-way.

California Environmental Quality Act:

The action is not considered a project under CEQA as there will be no direct, or reasonably foreseeable indirect physical change in the environment.

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Recommendation:

Waive the reading beyond the title and introduce an Ordinance of the City Council of the City of Milpitas Adding Chapter 9 (“Use Of Rights-of-way and Public Property”) to Title X (“Streets and Sidewalks”) of the Milpitas Municipal Code and Adding Section X-10-1.03 to Chapter 10 (“Structures or Objects on Sidewalks or Public Ways”) to Title X (“Streets and Sidewalks”) of the Milpitas Municipal Code.

Attachment:

Ordinance of the City Council of the City of Milpitas Adding Chapter 9 (“Use Of Rights-of-way and Public Property”) to Title X (“Streets and Sidewalks”) of the Milpitas Municipal Code and Adding Section X-10-1.03 to Chapter 10 (“Structures or Objects on Sidewalks or Public Ways”) to Title X (“Streets and Sidewalks”) of the Milpitas Municipal Code

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Ordinance No. ___

1 REGULAR

NUMBER: ___.__

TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS ADDING CHAPTER 9 (“USE OF RIGHTS-OF-WAY AND PUBLIC PROPERTY”) TO TITLE X (“STREETS AND SIDEWALKS”) OF THE MILPITAS MUNICIPAL CODE AND ADDING SECTION X-10-1.03 TO CHAPTER 10 (“STRUCTURES OR OBJECTS ON SIDEWALKS OR PUBLIC WAYS”) TO TITLE X (“STREETS AND SIDEWALKS”) OF THE MILPITAS MUNICIPAL CODE

HISTORY: This Ordinance was introduced (first reading) by the City Council at its meeting of ____________________, upon motion by_________________________ and was adopted (second reading) by the City Council at its meeting of _______________, upon motion by ____________________________. The Ordinance was duly passed and ordered published in accordance with law by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

________________________________ __________________________ Suzanne Guzzetta, Acting City Clerk Rich Tran, Mayor

APPROVED AS TO FORM:

________________________________
Michael Mutalipassi, City Attorney

BE IT ORDAINED BY THE CITY OF MILPITAS AS FOLLOWS:

WHEREAS, the homeless crisis has reached epic proportions across the State of California having significant effects on the City of Milpitas (the “City”); and 311
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Ordinance No. ___

2 WHEREAS, in order to sustainably address street homelessness, a trauma informed approach must be suitably applied across the City; and
WHEREAS, it is the obligation of the City to keep its public rights of way clean and available for public use, and to protect the public health, safety, and access by all people, and WHEREAS, the City should seek to accomplish the aforementioned objectives in a manner that preserves the dignity and safety of all residents and exhausts alternative models to promote compliance, and
WHEREAS, maintaining pedestrian and authorized commercial activity on public sidewalks is essential to public safety, thriving neighborhoods and a vital economy in the City, and
WHEREAS, sitting or lying down is not the customary use of the public sidewalks, and WHEREAS, the need to maintain pedestrian and commercial traffic is greatest during the hours of operation of businesses, shops, restaurants, and other City commercial enterprises when public sidewalks are congested, and when City residents are most likely to use their neighborhood sidewalks, and
WHEREAS, persons who sit or lie down on public sidewalks during business hours threaten the safety of pedestrians, especially the elderly, disabled, vision-impaired, and children.

Persons who sit or lie down also deter residents and visitors from patronizing local shops, restaurants, and businesses, and deter people from using the sidewalks in their neighborhoods, and
WHEREAS, business areas and neighborhoods become dangerous to pedestrian safety and economic vitality when individuals block the public sidewalks. This behavior causes a cycle 312
Item # 17.

Ordinance No. ___

3 of decline as residents and visitors go elsewhere to walk, meet, shop, and dine, and residents become intimidated from using the public sidewalks in their own neighborhoods, and WHEREAS, lying down or sitting is an incompatible use of the sidewalk in residential and commercial areas, and in order to prevent displacement of violators from one neighborhood to another, the need for regulation applies Citywide.

NOW, THEREFORE, the City Council of the City of Milpitas does ordain as follows:

SECTION 1. RECORD AND BASIS FOR ACTION : The City Council has duly considered the full record before it, which may include but is not limited to such things as the City staff report, testimony by staff and the p ublic, and other materials and evidence submitted or provided to the City Council. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.

SECTION 2 AMENDMENT OF MILPITAS MUNICIPAL CODE: That Chapter 9 (“Use of Rights-of-way and Public Property”) To Title X (“Streets And Sidewalks”) Of The Milpitas Municipal Code is added to read as follows:

Chapter 9 - USE OF RIGHTS-OF-WAY AND PUBLIC PROPERTY
X-9-1.00 - SITTING, LYING, OR SLEEPING OR STORING, USING, MAINTAINING,

OR PLACING PERSONAL PROPERTY IN THE PUBLIC RIGHT-OF-WAY (a) No person shall obstruct a street, sidewalk, or other public right-of-way:
(1) by sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property, or by erecting any tent or structure in a manner that impedes passage, as provided by the Americans with Disabilities Act of 1990, Pub. L, No. 101-336, 104 Stat. 328 (1990), as amended from time to time;
313
Item # 17.

Ordinance No. ___

4 (2) by sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property, or by erecting any tent or structure within ten feet of any operational or utilizable driveway or loading dock;
(3) by sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property, or by erecting any tent or structure within five feet of any operational or utilizable building entrance, building exit, or any area designated as an emergency egress pathway or corridor;
(4) by sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property, or by erecting any tent or structure within five feet of any fire hydrant, fire plug, or other fire department connection;
(5) by sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property, or by erecting any tent or structure within the public right-of-way in a manner that obstructs or unreasonably interferes with the use of the right-of-way for any activity for which the City has issued a permit;
(6) by sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property, or by erecting any tent or structure within the public right-of-way between seven (7:00) a.m. and eleven (11:00) p.m.
(b) No person shall obstruct any portion of any street or other public right-of- way open to use by motor vehicles, or any portion of a bike lane, bike path, or other public right-of-way open to use by bicycles, by sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property, or by erecting any tent or structure anywhere within the street, bike lane, bike path, or other public right-of-way, as specified for use by motor vehicles or bicycles. (c) Except as limited by Subsection (d), no person shall:
314
Item # 17.

Ordinance No. ___

5 (1) sit, lie, sleep, or store, use, maintain, place personal property, or erect any tent or structure in or upon any street, sidewalk, or other public right-of-way within the distance stated on the posted signage (up to a maximum of 500 feet) of a property designated as a sensitive use. For a property to be designated as a "sensitive use," the property must be a Public Building, School, Day Care Center, Public Park, Recreation Center, or Public Library;
(2) sit, lie, sleep, or store, use, maintain, place personal property, or erect any tent or structure in or upon any street, sidewalk, or other public right-of-way within the distance stated on the posted signage (up to a maximum of 500 feet) of a designated overpass, underpass, tunnel, bridge, pedestrian bridge, wash, or spreading ground, where the City Council determines, in the designating resolution, that the public health, safety, or welfare is served by the prohibition, including, without limitation, by finding that sleeping or lodging within the stated proximity to the designated area is unhealthy, unsafe, or incompatible with safe passage;
(3) sit, lie, sleep, or store, use, maintain, place personal property, or erect any tent or structure in or upon any street, sidewalk, or other public right-of-way that has been posted with signage prohibiting sitting, lying, sleeping, or storing, using, maintaining, or placing personal property. In order to designate a section of street, sidewalk, or other public right-of-way as prohibited under this subdivision, the City Council shall determine, in a designating resolution and based on specific documentation, that the circumstances of continued sitting, sleeping, lying, storing personal property, or otherwise obstructing the public right-of-way at that location poses a particular and ongoing threat to public health or safety. For each such location, a prohibition pursuant to 315
Item # 17.

Ordinance No. ___

6 this subdivision shall be effective for a period of time specified in the resolution, but not to exceed one year.
(d) No person shall be found to be in violation of any prohibition set forth in Subsection (c), unless and until: (i) the City Council has taken action, by resolution, to designate a specified area or areas for enforcement against sitting, lying, sleeping, or storing, using, maintaining, or placing personal property, erecting a tent or structure, or otherwise obstructing the public right-of-way; (ii) the City has posted signage at the designated area or areas set forth in the resolution, with such signage including reference to any required findings adopted in the resolution, and giving notice of the date after which no sitting, lying, sleeping, or storing, using, maintaining, or placing personal property, or otherwise obstructing the public right-of-way will be allowed; and (iii) at least 7 calendar days have passed from the date on which the signage is posted at the designated area or areas. For the purpose of this section signage may be attached to existing structures or foliage.
(e) Violations of this section involving a person who willfully resists, delays, or obstructs a City employee or contractor from enforcing this section or who willfully refuses to comply after being requested to do so by an authorized City employee shall be subject to the penalties set forth in Milpitas Municipal Code section I-1-4.09-2.00. All other violations of this section shall be enforceable pursuant to Milpitas Municipal Code section X-9-3.00. Violation of this section constitutes a public nuisance that may be abated pursuant to Milpitas Municipal Code section X- (f) The prohibitions in section shall not apply to any person:
(1) Sitting or lying down on a public sidewalk due to a medical emergency; (2) Using a wheelchair, walker, or similar device as the result of a disability; 316
Item # 17.

Ordinance No. ___

7 (3) Operating or patronizing a commercial establishment conducted on the public sidewalk pursuant to a sidewalk use permit;
(4) Participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted on the public sidewalk pursuant to and in compliance with a street use or other applicable permit;
(5) Sitting on a fixed chair or bench located on the public sidewalk supplied by a public agency or by the abutting private property owner; (6) Sitting in line for goods or services unless the person or person's possessions impede the ability of pedestrians to travel along the length of the sidewalk or enter a doorway or other entrance alongside the sidewalk; or
(7) Who is a child seated in a stroller.
(g) No person shall be cited under this Section unless the person engages in conduct prohibited by this Section after having been notified by a peace officer that the conduct violates this Section.

X-9-2.00 – ABATEMENT OF PERSONAL PROPERTY, TENTS, AND STRUCTURES IN

THE PUBLIC RIGHT-OF-WAY
(a) Personal property, tents and structures stored in violation of Milpitas Municipal Code section X-9-1.00 constitute a public nuisance that may be abated in accordance with the following requirements.
(b) Notices.
(1) Notice of Intent to Remove Property. The City shall provide residents in violation of section X-9-1.00 notice of the City’s intent to remove property no less than 24 hours in advance of any action to remove property. Notice shall be in writing and shall be 317
Item # 17.

Ordinance No. ___

8 served personally on the resident or residents in possession of the property when the City official or employee enforcing the prohibition serves the notice. In addition, the City official or employee shall post the notice on or near the property, so as reasonably to communicate the notice to persons with an interest in such property but not present during the attempt to serve notice. The notice shall contain the following information:
(A) the location of the property constituting a nuisance; (B) the date and time notice is served or posted;
(C) a statement that the property violates section X-9-1.00; (D) a statement that the City will remove the property 24 hours after the date and time of the notice;
(E) a statement that there is Housing or Shelter and Homeless Services available for residents and the phone number and address to contact in order to obtain the Housing or Shelter and Homeless Services;
(F) a statement that any personal property remaining at the location when the City returns to abate the nuisance will be impounded for no fewer than 90 days and will be discarded thereafter if not claimed; and
(G) the address, phone number, and operating hours of the location where the personal property will be stored and may be retrieved and that the City will charge no fee for storage or retrieval.
(2) Notice Following Abatement. When the City removes personal property, a written notice shall be given conspicuously posted in the area from which the personal property was removed. The notice shall contain the following information:
318
Item # 17.

Ordinance No. ___

9 (A) the location of the property removed;
(B) a statement that the property violated section X-9-1.00; (C) a general description of any personal property removed; (D) the date and time the personal property was removed; (E) a statement that the personal property will be stored for at least 90 days, and the address, phone number, and operating hours of the location where the personal property is being stored and may be retrieved and that the City will charge no fee for storage or retrieval; and
(F) a statement that if the personal property is not retrieved within 90 days, it will be discarded.

X-9-3.00 - PENALTIES
(a) Violations of any section of this chapter shall be subject to the penalties set forth:
(1) First Offense. Any person violating any provision of this Chapter shall be guilty of an infraction. Upon conviction, the violator shall be punished by a fine of not less than $50 or more than $100 and/or community service, for each provision violated. (2) Subsequent Offenses. Any person violating any provision of this Chapter within 24 hours after violating and being cited for a violation of this Chapter shall be guilty of a misdemeanor and shall be punished by a fine of not less than $300 and not more than $500, and/or community service, for each provision violated, or by imprisonment in the County Jail for a period of not more than ten (10) days, or by both such fine and imprisonment. Any person violating any provision of this Section within 120 days after the date of conviction of a violation this Section shall be guilty of a misdemeanor and shall be punished by a fine of not less than $400 and not more than $500, and/or 319
Item # 17.

Ordinance No. ___

10 community service, for each provision violated, or by imprisonment in the County Jail for a period of not more than thirty (30) days, or by both such fine and imprisonment.

X-9-4.00 - REPORTING
Upon the request of the City Council, the Police Department shall make a written report to the Mayor and the City Council that evaluates the effectiveness of enforcement of this Chapter on the City's neighborhoods.

SECTION 4 AMENDMENT OF MILPITAS MUNICIPAL CODE: That Chapter 10 (“Structures or Objects on Sidewalks or Public Ways”) to Title X (“Streets And Sidewalks”) of the Milpitas Municipal Code is added to read as follows:

X-10-1.03
The provisions of this Chapter shall not apply to any detached tent, detached structure, or other detached object used for sitting, sleeping, or lying outside by a person who cannot otherwise obtain shelter.

SECTION 5. SEVERABILITY: The provisions of this Ordinance are separable, and the invalidity of any phrase, clause, provision or part shall not affect the validity of the remainder.

SECTIN 6. EFFECTIVE DATE AND POSTING: In accordance with Section 36937 of t he Government Code of the State of California, this Ordinance shall take effect thirty (30) days from and after the date of its passage. The City Clerk of the City of Milpitas shall cause this Ordinance or a summary thereof to be published in accordance with Section 36933 of the Government Code of the State of California.
320
Item # 17.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Review the List of Agenda Item Requests From Individual Councilmembers and Provide Direction to Staff, Through the Prioritization Process, on Groups 1 Items; Provide Additional Clarification to Staff, If Any, on Group 2 Items and Direct staff to return with a draft City Council Policy titled “City Council Request Prioritization Policy” formalizing the process (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3053; Walter C. Rossmann, Deputy City Manager, 408-586-3012)
Category: Leadership and Support Services

Meeting Date: 9/6/2022
Recommendation: (1) Review list of agenda item requests from individual Councilmembers and provide direction to staff, through the prioritization process, on which Group 1 items should be advanced; (2) Provide additional input to staff, if any, on Group 1 items that received Council direction to advance and all Group 2 items; and (3) Direct staff to return with a draft City Council Policy titled “City Council Request Prioritization Policy”.

Background:

At City Council meetings, under the Announcements section, Members of the Council request items they would like the full Council to consider. These items are placed on a list for a future Council discussion and action. On January 19, 2021, at a Special City Council meeting, in order to streamline the process, Council provided direction to staff to bring forward individual Council agenda item requests to Council, for prioritization, on a quarterly basis.

The last prioritization was held on May 3, 2022. Since the beginning of this process, Council has reviewed 235 items. Links to prior prioritization reports and minutes are included under Attachments.

Analysis:

Staff is now bringing forward the next quarterly prioritization of items that were requested by Council between March 15, 2022 and June 21, 2022, including the status on items approved previously by Council.

As shown in Attachment 1, a total of 57 items, some of which were discussed during the prior prioritization discussion, have been grouped into four categories differentiated by level of effort and status of the agenda request as outlined below:

Group 1 – Items that have not been initiated; will require more than four hours of staff time; and may require additional funding or resources (8 items).

Group 2 – Items that have not been initiated but will require less than 4 hours of staff work (3 items).

Group 3 – Items that are currently underway and/or already included in workplan (24 items).

Group 4 – Items that have been completed, postponed indefinitely, or withdrawn (22 items).

Prioritization Process
There are a total of 14 new items since May 2022. Of these 14 items, 4 items are in Group 1, 3 items are in Group 2, 3 items are in Group 3, and 4 items are in Group 4.

321
Item # 18.

Similar to the prior prioritization process, the new Group 1 agenda item requests are identified in Attachment 2. Since many of these requests have not yet been discussed in detail, staff has made an attempt to note alignment with Council priority areas to the extent possible. As part of Attachment 2, staff provided a write-up which includes the lead and supporting departments, estimated resources and cost to complete the work, description of work effort, any actions taken to date, clarification or direction sought from Council, and other additional considerations including impacts on other workplan items. To the extent possible, staff sought clarification from members of the Council sponsoring the request; however, some items may still need additional clarification from the requesting Councilmembers. To facilitate Council prioritization, Group 1 items have been further categorized into three sub-groups: Ordinances and Policies, Projects and Programs, and Miscellaneous.

For six Group 1 items, the total annual costs are estimated between $0.8 and $2.7 million requiring between 180 to 2,080 staff hours. For two Group 1 items, staff was not able to estimate the cost and staff hours mostly due to gaps in information. Based on Council direction, staff will bring back items that require new funding for funding discussion at the FY 2023-2024 Preliminary Budget Study Session scheduled for January 2023 or the 2024-2028 Proposed Capital Improvement Program Study Session scheduled for February 2023.

Since Group 2 items (see Attachment 1) require less than four hours of staff time, these can be advanced without requiring a majority vote; however, Council may wish to provide additional input or direction on these items. For Items 3, which are underway and/or already included in staff workplans, staff provided an update in Attachment 1. The status of Items completed, postponed indefinitely or withdrawn prior to June 21, 2022, are presented as a separate attachment (Attachment 3).

Voting Process
Consistent with past prioritization process sessions and the number of Group 1 items, staff proposes that the Council prioritize no more than 4 items.

Round 1
Each member of the Council will be asked to prioritize their top four items from Group 1. Councilmembers will be provided hard copies to help them review and complete the preliminary prioritization and electronic voting will be conducted on mobile devices.

All items receiving three or more votes will move forward. If the number of items receiving three or more votes is four or greater, the prioritization process will be deemed complete. If the number of items is less than four, the remaining items will be prioritized as described in Round 2.

Round 2
In case items receiving three or more votes are less than four in number, Councilmembers will be asked to prioritize the remaining items so as to develop a top four list. Each member of the Council will be given the number of votes equivalent to four minus the number of items prioritized for staff work at the completion of Round 1. For example, if after Round 1, the Council agreed on advancing two items, two additional items will require prioritization. Therefore, each Member of the Council will be asked to vote on two items. All items receiving three or more votes will be added to the prioritized list. If the total number of items on the list is four or greater, the prioritization process will be deemed complete.

Additional Rounds, if needed
If the total number of prioritized items after Round 2 is less than four, all remaining items which received at least one vote will be prioritized through additional rounds of voting. Items which receive zero votes in a round will be eliminated from the subsequent round of voting.

Please note that any items that do not advance through this multi-step prioritization process will be removed from the active list and would have to be resubmitted through Announcements for the next prioritization discussion scheduled for December 2022.

322
Item # 18.

Next Steps and Council Policy
Based on Council feedback so far regarding the existing prioritization process, staff recommends bringing forward during the next few months a draft Council Policy titled “City Council Request Prioritization Policy” to document the process for Council consideration.

Based on Council direction, staff will bring back any Group 1 items that will require additional funding and/or resources as part of the development of the FY 2023-2024 budget for further Council discussion. The next prioritization session will be scheduled for December 2022.

Policy Alternative:

Not applicable

Fiscal Impact:

For six Group 1 items, the total annual costs are estimated between $0.8 and $2.7 million requiring between 180 to 2,080 staff hours. For two Group 1 items, staff was not able to estimate the cost and staff hours mostly due to gaps in information. Based on Council direction, staff will bring back items that require new funding for funding discussion at the FY 2023-2024 Preliminary Budget Study Session scheduled for January 2023 or the 2024-2028 Proposed Capital Improvement Program Study Session scheduled for February 2023.

California Environmental Quality Act:

This item is not a Project under CEQA in accordance with CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) as it can be seen with certainty that a general discussion of funding priorities by the City Council will not have a significant effect on the environment. Further, the item is also not a Project pursuant to CEQA Guidelines Section 15378(b)(4) as it is a government fiscal activity that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. Although the use of funding will be discussed for various potential projects, any project scope and potential environmental analysis would be speculative to analyze at this time and future environmental analysis will be conducted for the various potential projects prior to the City making any commitment or approval of any project.

Recommendation:

1. Review list of agenda item requests from individual Councilmembers and provide direction to staff, through the prioritization process, on which Group 1 items should be advanced.

2. Provide additional input to staff, if any, on Group 1 items that received Council direction to advance and all Group 2 items.

3. Direct staff to return with a draft City Council Policy titled “City Council Request Prioritization Policy”.

Attachments:

1. List of Councilmember Agenda Item Requests

2. Information on Group 1 items

3. List of Completed, Postponed Indefinitely, or Withdrawn Items

4. Links to Prior Prioritization Reports and Minutes
a. March 16, 2021 Agenda and Minutes
b. August 9, 2021 Agenda and Minutes
c. January 11, 2022 Agenda and Minutes
d. May 3, 2022 Agenda and Minutes
323
Item # 18.

ATTACHMENT 1

COUNCIL PRIORITY AREAS LIST
Community Wellness and Open Space Continue to provide parks and amenities for people of all ages and abilities to enjoy higher levels of physical and mental health.

Economic Development and Job
Growth
Continue to strengthen our economic foundations that support community prosperity and opportunity while ensuring a sustainable and livable city.

Environment Promote a sustainable community and protect the natural environment.

Governance and Administration Continue to streamline processes for enhanced service and remain committed to long-term fiscal discipline and financial stewardship.

Neighborhoods and Housing Continue to explore innovative approaches to incentivize affordable housing projects, collaborate with key stakeholders to care for our most vulnerable populations, and support and engage neighborhoods through dedicated programs and services.

Public Safety Continue to invest in police and fire protection, in partnership with our community.

Transportation and Transit Continue to seek and develop collaborative solutions to meet the transportation challenges facing our community and our region.
324
Item # 18.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
AUGUST 16, 2022
No. Topic
Requested
By
Date
Requested Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs
1 Consider policies to regulate automated equipment that would reduce jobs. Phan 4/19/2022
Planning, City
Attorney, Economic
Development
Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources
Needed; Deferral of other
programs and project required.
2 Explore an ordinance or policy to reduce thefts and
increase security in the commercial retail parking areas Chua 4/5/2022 Police, Economic
Development
Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources and
Funding Needed
3 Explore the policy for locking mechanisms on shopping carts for large commercial businesses Tran 4/19/2022
Bldg. Safety &
Housing, Planning,
Economic
Development
Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources and
Funding Needed
4 Apply for the "Better Cities for Pets" Certification Tran 6/21/2022 Recreation Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources
Needed; Deferral of other
programs and project required.
5 Explore the use of roundabouts as a traffic calming
mechanism Dominguez 4/19/2022 Engineering, Planning
Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources and
Funding Needed
6 Prepare Vision Zero Action Plan Tran 6/7/2022 Engineering, Police Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources and
Funding Needed
7 Establish a fund for real estate acquisitions Montano 6/7/2022 Economic
Development,
Finance
Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources
Needed
8 Memorial Plaque in honor of youth skateboarder that
passed away Montano 6/7/2022
Recreation, Public
Works
Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources and
Funding Needed
Group 1 – Items that have not been initiated; will require more than four hours of staff time; and may require additional funding or resources.

Ordinances and Policies
Projects and Programs
Miscellaneous
325
Item # 18.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
AUGUST 16, 2022
No. Topic
Requested
By
Date
Requested Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs
9 Prepare a report on ghost guns; engage in legislative advocacy regarding ghost guns; and incentivize ghost
gun buybacks at the May buyback event.

Dominguez
Tran 4/5/2022 Police
An Information Memorandum was distributed on August
12, 2022.
10 Present Quarterly or Monthly crime statistics on the Homekey Project Chua 6/7/2022 Housing
Presentation is scheduled for the August 16 City Council Meeting as part of the Project Homekey item.

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 6/7/2022 Housing Item will be agendized for August 16 City Council meeting 11 Waive fees for family fundraiser at Milpitas Skate Park Dominguez 6/14/2022 Recreation Staff reached out to the resident multiple times. The
resident has not submitted any rental or fee waiver
application.

Group 2 – items that have not been initiated but will require less than 4 hours of staff time 326
Item # 18.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
AUGUST 16, 2022
No. Topic
Requested
By
Date
Requested Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs
12 Amendment to the existing ordinance for third-party
food delivery vendor services to prohibit regulatory
response fees Phan 2/16/2021
Economic
Development;
Finance
Agendized for discussion on 3/16/2021, deferred to
4/06/2021; CC direction for City Attorney to prepare a
report.
13 Consider change in term limits for Mayor +
Councilmembers Montano 6/16/2020
City Attorney, City
Manager
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 meeting
14 Create a plan for future solar paneling at City facilities Montano 3/1/2022 Public Works 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
15 Establish State historical designation for the Sunnyhills community Tran 6/7/2022
Recreation, City
Manager
Request will be included with the Historic Resources
Master Plan project approved as part of the 2023-2027
Capital Improvement Program.
16 Evaluate reopening the childcare center with a non-
profit organization running the center Montano 2/1/2022 City Manager,
Recreation
Approved during Spring Quarterly City Council Workplan
Items Prioritization Discussionon 5/03/2022.
17 Explore a lease for the vacant land adjacent to the
Library for City use Tran 1/18/2022
City Manager,
Economic
Development, City
Attorney
Discussed at Spring Quarterly City Council Workplan Items Prioritization Discussion; Approved to move forward at
the 5/03/2022 meeting;
18 Have a picture of Albert Vogel Sr. put up in the Senior Center Montano 10/19/2021 Recreation
Approved to move forward at the 1/11/2022 Council
meeting; Staff engaged the artist of the existing mural regarding this Council approved item.
19 Include a bust of Maria Lemire on the Mural in front of the Senior Center Montano 8/17/2021 Recreation
Approved to move forward at the 1/11/2022 Council
meeting; Staff engaged the artist of the existing mural regarding this Council approved item.
20 Local Boy Scouts Fee Waiver for Eagle Scout Ceremony Tran 6/7/2022 Recreation Staff received the fee waiver application on August 11, 2022. Staff will agendize a fee waiver request for Council consideration for the first meeting in September.

Group 3 – items that are currently underway and/or already included in workplan 327
Item # 18.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
AUGUST 16, 2022
No. Topic
Requested
By
Date
Requested Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs
21 Look into bringing back a roller rink Montano 8/5/2021 Recreation 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
22 Look into opening up the Senior Center on Saturdays for half a day Chua 8/5/2021 Recreation
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 until mid November 2022.
23 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 8/17/2021 Recreation Staff will include the stem cell donor information in
regularly scheduled wellness event
24 Request for Crossing Guards at McCandless and
Montague Expressway and review wages for Crossing
Guards Montano 4/5/2022 Public Safety
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.
25 Request for the City to make the temporary third-party food deliver fee caps permanent and add additional
provisions for enforcement Phan 11/16/2021
Economic
Development,
Finance, City
Attorney
Discussed at Spring Quarterly City Council Workplan Items Prioritization Discussion; Approved to move forward at
the 5/03/2022 meeting
26 Requested an appropriation in an amount not to exceed $250,000 to procure a contract to address the
streetlights that are pending fieldwork. Tran 2/1/2022 Public Works 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.
27 Requested that staff study the placement of a City sign for the Milpitas Police Department and explore the cost of a new sign Dominguez 1/18/2022 Public Works, Police
Staff has been working on upgrading signage and
landscaping around the Police Department and Public
Works Building. Lit-up signs mounted on the building are scheduled to be installed by the end of August.
28 Requested that the City have mini-libraries in the low- income areas of the City. Montano 4/20/2021 Planning
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.
29 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 2/15/2022 City Attorney
4/19/2022 direct the City Attorney to make the
recommended changes to the Municipal Code to remove
and prohibit property in public; the City Attorney will bring forward an ordinance in September 2022.
328
Item # 18.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
AUGUST 16, 2022
No. Topic
Requested
By
Date
Requested Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs
30 Requested the City create a youth scholarship fund for under privileged kids to
play sports Montano 5/17/2022 Recreation
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 Council approval in September 2022.
31 Requested the City extend the outdoor dining options through March of next year Phan 9/21/2021 Planning
Emergency Outdoor Dining program extended. Draft
zoning ordinane with standards for permanent outdoor
dining prepared and now under review. Planning expects
bring forward draft ordinance for PC and Council
consideration before the end of 2022.
32 Review City policy on speed bumps Tran 12/15/2020 Engineering Presented to Transportation Subcommittee on
02/12/2021; voted on 3/16/2021 to revisit this item; on April 8, 2022 the Transportation Subcommittee provided
input on a draft policy, which is scheduled to be reviewed by the Subcommittee at its September 2022 meeting.
33 Staff to create a plan on how to increase the number of local businesses doing business with the City Chua 4/6/2021 Economic
Development
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. City Attorney to weigh in.
34 Staff to look into mural Art on Great Mall Parkway on the VTA owned Light rail pillars
Montano 11/16/2021
Recreation, Public
Works
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 only one
site
35 Staff to provide information on a landmark policy for the City of Milpitas Tran 3/16/2021 Engineering
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. Item was brought to Council
during the the 2023-27 5-Year
CIP adoption process, however
Council determined not to fund
or advance this task.
329
Item # 18.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
AUGUST 16, 2022
No. Topic
Requested
By
Date
Requested Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs
36 Agendize a Flag Raising for India Independence Day Tran 6/14/2022 Recreation Item added to 6/21/2022 Consent Calendar 37 Agendize an update to the Lobbyist Ordinance for the next meeting Chua 3/1/2022 City Attorney
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;
Council approved the ordinance on 6/7/2022
38 Bring back a conversation in the budget meeting to fund “walking beats” in the commercial and high crime areas Dominguez 4/5/2022 Police 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
39 City to highlight mental health resources on the website Dominguez 8/17/2021 Recreation Staff will issue an email this week (week of 7/25) 40 Consider expanding the Fee Waiver Policy eligibility to non-profit organizations outside of Milpitas but the
events are specific to Milpitas residents Chua 3/15/2022 Recreation Council approved the policy revision at the June 21 2022 City Council meeting.
41 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 3/15/2022
City Manager, Public
Safety, Recreation,
Public Works
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. 42 Designate the California Oak Tree as the City’s official heritage tree
Montano 2/1/2022 Recreation Council approved at the 6/7/2022 meeting. 43 Discussion in the next fiscal year, to have a sliding scale permitting program for seniors and low-income
residence for necessary safety renovations Tran 5/4/2021 Building Safety &
Housing, Planning
8/09/2021 Council voted 5-0 to move this item forward
and modify the existing Milpitas Assistance Program to
include seniors; MAP continues to be available for low
income seniors and sufficient funding was budgeted for
FY 2022-23.
44 Discussion to reduce the City’s Senior Center facilities deposit
Montano 5/4/2021 Recreation, Finance

the development of the FY 2022-23 Master Fee Schedule;
Council approved the item on 4/19 as part of the
45 Explore increasing the
Conferences/Meetings/Memberships allowance for each
Councilmember to $10,000
Chua 5/17/2022 City Manager
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.
46 Fee waiver for the Filipino American South Bay
Community to hold pop-up resource fair at a City Park Dominguez 3/1/2022 Recreation Staff engaged organizers of the event; event was held on June 19; organizers did not request a fee waiver.
47 Letter from City Council opposing AB 2181 (Berman)
regarding VTA's Board Composition Tran 6/7/2022 City Manager 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.

Group 4 – items that have been completed, postponed indefinitely, or withdrawn 330
Item # 18.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
AUGUST 16, 2022
No. Topic
Requested
By
Date
Requested Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs
48 Look into allowing outdoor music and would like the
ordinance brought back to Council. Montano 8/5/2021 Planning Second reading of draft Zoning Ordinance Text
Amendment scheduled for 08/16/2022
49 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 8/5/2021
Economic
Development
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.
50 Ordinance to ban vaping in the City Montano 12/15/2020 Planning Study session with Council held 6/21/2022. Tobacco Retail Permitting program, including ban on vaping products
and flavored tobacco, will be brought forward in Spring 2023
51 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 10/19/2021 Planning
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
52 Requested staff work with the Vice Mayor and Mayor to explore and discuss building height limits near the
hillside by January 2022 Tran 9/21/2021 Planning
Second reading of draft Zoning Ordinance scheduled for
08/16/2022
53 Science, Technology, and Innovation Commission
agendize and explore a comprehensive internet
connectivity plan. Tran 5/3/2022
Information
Technology Item was discussed at June STI Commission meeting 54 Staff to look into creating “Welcome to Milpitas” signs in key areas of in the City Montano 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.
55 Staff to look into creating a rose garden with a children’s memorial site Montano 4/6/2021
Engineering,
Recreation
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
The Rose Garden item was
added to the 2023-27 Capital
Improvement Program as an
unfunded project per Council
Direction. Per Department 5-year
workplan shared with Council,
this project would start in FY24 if
funded and if staff vacancies are
filled.
331
Item # 18.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
AUGUST 16, 2022
No. Topic
Requested
By
Date
Requested Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs
56 Staff to provide information to place a measure on the ballot to change the directly elected Mayor to a
rotational at-large position Tran 3/16/2021 City Attorney 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
57 Work with the school district to have a contest to create art murals for the pillars on Main Street Montano 9/7/2021 Recreation Approved to move forward at the 1/11/2022 Council
meeting; funding allocated to Great Mall Pkwy. VTA pillar murals
332
Item # 18.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
AUGUST 16, 2022
No. Topic
Requested
By
Date
Requested Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs
1 Consider policies to regulate automated equipment that would reduce jobs. Phan 4/19/2022
Planning, City
Attorney, Economic
Development
Additional Staff Resources
Needed; Deferral of other
programs and project required.
2 Explore an ordinance or policy to reduce thefts and
increase security in the commercial retail parking areas Chua 4/5/2022 Police, Economic
Development
Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources and
Funding Needed
3 Explore the policy for locking mechanisms on shopping carts for large commercial businesses Tran 4/19/2022
Bldg. Safety &
Housing, Planning,
Economic
Development
Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources and
Funding Needed
4 Apply for the "Better Cities for Pets" Certification Tran 6/21/2022 Recreation Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources
Needed; Deferral of other
programs and project required.
5 Explore the use of roundabouts as a traffic calming
mechanism Dominguez 4/19/2022 Engineering, Planning
Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources and
Funding Needed
6 Prepare Vision Zero Action Plan Tran 6/7/2022 Engineering, Police Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources and
Funding Needed
7 Establish a fund for real estate acquisitions Montano 6/7/2022 Economic
Development,
Finance
Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources
Needed
8 Memorial Plaque in honor of youth skateboarder that
passed away Montano 6/7/2022
Recreation, Public
Works
Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources and
Funding Needed
Group 1 – Items that have not been initiated; will require more than four hours of staff time; and may require additional funding or resources.

Ordinances and Policies
Projects and Programs
Miscellaneous
ATTACHMENT 2
333
Item # 18.

City Council Referral
(requires more than 4 hours of staff time)

Category and Topic No. Topic: Requested by:

ORDINANCES AND POLICIES
CC01
Consider policies to regulate automated
equipment that would reduce jobs.

Councilmember Phan
Lead Department/Office Supporting Department(s)/Office(s) Planning City Attorney’s Office, Economic Development
Council Priority Areas Estimated Completion Date Estimated Cost Economic Development & Job
Growth

December 2023 TBD
Funding Needed
TBD
Description of Required Work Effort
Staff would need to research this issue to understand the types of policies and programs being used by other local jurisdictions to address the perceived problem of automation/robots replacing people in jobs. Staff could prepare policy alternatives for Council consideration. Examples of programs set up to address automation include universal basic income, negative income tax, a government jobs guarantee, broadening the social safety net, or a so-called robot tax. Staff would need to explore the pros and cons of each program and determine which would be feasible and effective for Milpitas. A “robot tax” might be implementable at the local level, pending legal review, but could hamper efforts to attract high-tech jobs. There would be staff costs to set up and administer any new program, and there would be considerable costs associated with programs like universal basic income, government jobs guarantee, and expanding the social safety net. A “robot tax” would be more aligned with regulating automation; otherwise, any tax requires voter approval.

Status Update as of July 2022
Due to staff workload on other Council directed projects and programs, no work has been initiated on this task. If directed to proceed, staff anticipates it could start the work in FY23/24.

Council Clarification/Further Direction Requested
Does the Council have specific programs in mind to address this issue, or is this a request to develop a policy opposing the replacement of humans with automation/robots? Other Considerations
The scope and cost of this issue may be beyond the capacity of local government. A “robot tax” could generate revenue to offset the cost of regulation of automation but hamper the City’s efforts to attract high-tech companies. Could this be more effective through a regional effort?

334
Item # 18.

City Council Referral
(requires more than 4 hours of staff time)

Category and Topic No. Topic: Requested by:

ORDINANCES AND POLICIES
CC02
Explore an ordinance or policy to reduce
thefts and increase security in the
commercial retail parking areas
Councilmember Chua
Lead Department/Office Supporting Department(s)/Office(s) Police Department Economic Development
Council Priority Areas Estimated Completion Date Estimated Cost Public Safety and
Neighborhoods & Housing

October 2022 $4,000 to $6,000
Funding Needed
$0
Description of Required Work Effort
The Milpitas Police Department utilizes COMPSTAT (Computer Comparison Statistics) to better understand crime trends in the City and to adequately deploy resources to address issues. COMPSTAT data includes information on types of crimes, victims, times of day crimes took place and other details that allow the Police Department to identify emerging crime patterns. COMPSTAT data can be overlayed on a map to visualize crime “hotspots.”

The Police Department currently engages with business owners and respective employees in various ways including patrol officers and supervisors, specialized units, crime presentations, and community events. Officers frequently patrol shopping centers in their vehicles, on foot or on bicycle, when appropriate. Plain clothes detectives supplement uniform patrol officers in shopping centers that have emerging crime trends. Officers frequently engage the people they meet and share safety tips.

Detectives and officers assigned to the Police and Community Relations Division (PCR) share safety related information during criminal investigations and conduct training for businesses, when requested, and will continue the past tradition of making its annual presentation to the Milpitas Chamber. The Police Department also shares information via printed media, public service announcements, and through social media.

In addition to the ongoing efforts described above, the Police Department is continuously evaluating new ways to enhance community safety. The Department is continuing to research technology solutions that would allow immediate two-way communication with business owners either individually or as a group. The ability to share near real-time crime data within the business community would enhance the Police Departments response to crime and allow business owners to be cognizant of crime issues occurring at other businesses. An immediate notification would allow the business community to be alert; helping to deter additional crimes. Currently, this is accomplished through in-person peer-to-peer contact which results in delayed information sharing. Additionally, crime prevention data can be shared instantly with the business community.

335
Item # 18.

City Council Referral
(requires more than 4 hours of staff time)

The Police Department recently evaluated Autonomous Security Robots (ARS) as an option to supplement patrol efforts in commercial areas. Conceptually an ARS could provide real-time data to dispatchers and officers could be dispatched to investigate further. An ARS program is cost prohibitive and not recommended at this time.

To promote public safety in commercial retail parking areas, deter crime, and aide the Milpitas Police Department in responding to crime, the City could require all future commercial retail parking areas to install surveillance cameras in parking areas through the Conditional Use Permitting process. The City could also require that existing commercial retail parking areas be required to install surveillance cameras when site enhancements allow for modifications to existing Conditional Use Permits. This effort would require approximately 30 to 40 hours of staff time to explore whether other agencies in the Bay Area have required the installation of surveillance cameras and the measurable success of any such programs. Then, staff would return to Council with its initial assessment including an initial legal review for further direction.

Status Update as of July 2022

Council Clarification/Further Direction Requested

Other Considerations

336
Item # 18.

City Council Referral
(requires more than 4 hours of staff time)

Category and Topic No. Topic: Requested by:

ORDINANCES AND POLICIES
CC03
Explore the policy for locking mechanisms
on shopping carts for large commercial
businesses
Mayor Tran
Lead Department/Office Supporting Department(s)/Office(s) Building Safety & Housing Planning and Economic Development Council Priority Areas Estimated Completion Date Estimated Cost Neighborhoods & Housing and
Economic Development & Job
Growth

1st Quarter of 2023 $5,000
Funding Needed
No additional funding
needed.

Description of Required Work Effort
Title V, Chapter 13 of the City’s Municipal Code titled “Shopping Cart Removal, Impoundment and Disposal” finds that abandoned shopping carts constitute a nuisance, create potential hazards to the health and safety of the public, and interfere with pedestrian and vehicular traffic within the City of Milpitas. The intent of this Chapter is to ensure that measures are taken by store owners to prevent the removal of shopping carts from store premises and parking lots and to facilitate the retrieval of abandoned carts as permitted by State law.

Paragraph V-13-140(c) requires that specific measures shall be implemented to prevent cart removal from the business premises such as disabling devices on all carts, security guards, security deposits for use of all carts, or the rental or sale of carts that can be temporarily or permanently used for transport of purchases. However, business premises are exempt from these measures if an owner enters into a contract with a shopping cart retrieval service.

In response to this referral, staff would research other jurisdiction’s locking / disabling device policies and ordinances and conduct research for various types of locking devices currently on the market.

After legal review, as necessary, staff would bring back its findings to the City Council for further direction.

It is expected that this effort will require about 40 hours of staff estimated to cost $5,000.

Status Update as of July 2022
No action taken
Council Clarification/Further Direction Requested

337
Item # 18.

City Council Referral
(requires more than 4 hours of staff time)

Other Considerations
Explore methods of impoundment and disposal of abandoned carts such as use of a Redemption Fee.

This fee would be established by Council resolution and include actual cost of storage of any cart or parts thereof, plus the proportional share of administrative costs in connection therewith. After 30 days if not retrieved, the City can dispose of the carts. Even if the carts remain unclaimed, or are disposed of, the City reserves the right to collect the redemption fee from the cart owner. Mountain View uses this as motivation for owners to provide whatever deterrent necessary to keep their carts on site.

338
Item # 18.

City Council Referral
(requires more than 4 hours of staff time)

Category and Topic No. Topic: Requested by:

PROJECTS AND PROGRAMS
CC04
City Staff to apply for “Better Cities for
Pets” Certification
Mayor Tran
Lead Department/Office Supporting Department(s)/Office(s) Recreation Economic Development and Building Safety & Housing Council Priority Areas Estimated Completion Date Estimated Cost Community Wellness & Open
Space and Environment

March 2023 $3,500
Funding Needed
$0
Description of Required Work Effort
Staff will need to complete an initial assessment through the Better Cities for Pets website. The assessment covers area topics including animal shelters and programs in the city, pet friendly housing, pet friendly businesses and pet friendly open spaces. A fair amount of research into non-city operated assessment areas is required to complete the required initial assessment. Also, as part of the assessment a Top Pet-Related Priority Project needs to be identified whose goal is to increase pet- friendliness in the city. This topic is estimated to take approximately 20 hours of staff time at an estimated total of $3,500, not including work on a future Top Pet-Related Priority Project, which according to the initial assessment packet could be launched and completed in a later Fiscal Year.

Status Update as of July 2022
Staff reviewed the Better Cities for Pets Assessment questions and Top Pet-Related Priority Project areas identified. Staff also reviewed the website for other cities in the Bay Area who have the Certification, with the only two cities listed as Oakland and Dublin.

Council Clarification/Further Direction Requested

Other Considerations

339
Item # 18.

City Council Referral
(requires more than 4 hours of staff time)

Category and Topic No. Topic: Requested by:

PROJECTS AND PROGRAMS
CC05
Explore the use of roundabouts as a traffic
calming mechanism
Councilmember Dominguez
Lead Department/Office Supporting Department(s)/Office(s) Engineering
Council Priority Areas Estimated Completion Date Estimated Cost Transportation & Transit

TBD $830,000 to $1,850,000
Funding Needed
$830,000 to $1,850,000
Description of Required Work Effort
Roundabouts are an alternative to traffic signals and stop signs. A roundabout is an intersection where traffic travels around a central island in a counterclockwise direction. Vehicles entering or exiting the roundabout must yield to vehicles, bicyclists, and pedestrians. Roundabouts provide traffic calming, resulting in reduced speeds, and the median islands provide refuge for pedestrians, allowing them to cross one direction of traffic at a time.

Traffic roundabouts have larger footprints and require additional right-of-way (land) for installation beyond what is needed for traditional intersections with traffic signals and stop signs. Not all intersection locations may be suitable or feasible for roundabout installation due to topography and the ability to acquire the additional land area required. Intersections with highly unbalanced traffic flows (very high traffic volume on the main street and very light traffic on the side street) may not be an ideal candidate for a roundabout. The same is true for isolated intersections in a network of traffic signals.

Other disadvantages of a roundabout include driver uncertainty about yielding, too many merge points, and drivers may tend to ‘cut’ the roundabout by turning left instead of following the counterclockwise direction of travel which creates a new unintended hazard.

If the City Council is interested in exploring roundabouts, staff would identify a pilot intersection and include this referral for funding in the 2024-2028 Proposed Capital Improvement Program. The funding for a pilot intersection would be for design services, purchase of additional right-of-way from property owners adjacent to the intersection, if applicable, and for construction. The initial effort to identify a feasible intersection for a roundabout as a pilot project is estimated at $300,000 for consulting design services. Staff administration costs are estimated to be between $30,000 to $50,000 for this project, and 150-250 hours of time. Once a suitable intersection is determined, there will be costs associated with the purchase of land for the roundabout and construction costs for installation. Land and construction costs are roughly estimated to be between $500,000 to $1,500,000.

340
Item # 18.

City Council Referral
(requires more than 4 hours of staff time)

If the City Council approves this referral, staff recommends bringing the referral back for Council consideration as part of the development of the 2024-2028 Capital Improvement Program (CIP) for the 2024-2028 Proposed CIP Study Session.

Status Update as of July 2022

Council Clarification/Further Direction Requested

Other Considerations
The City previously tried a pilot roundabout project at select intersections without acquiring the additional right of way in the early 2000s. It was discovered these created additional traffic problems, driver confusion, and VTA buses could not negotiate the intersection requiring the program to be scrapped.

341
Item # 18.

City Council Referral
(requires more than 4 hours of staff time)

Category and Topic No. Topic: Requested by:

PROJECTS AND PROGRAMS
CC06
Prepare Vision Zero Action Plan Mayor Tran
Lead Department/Office Supporting Department(s)/Office(s) Engineering Police
Council Priority Areas Estimated Completion Date Estimated Cost Transportation & Transit and
Public Safety

FY 2025-26 $550,000 of one-time cost for
consultant services and the addition
of one FTE Engineering Position
estimated at $250,000*
Funding Needed
$550,000 of one-time cost for
consultant services and the addition
of one FTE Engineering Position
estimated at $250,000*
Description of Required Work Effort
Vision Zero is a sustained, systematic, and data-driven program with the purpose of eliminating traffic fatalities and serious injuries. Vision Zero is based on the concept of shared responsibility for roadway safety. The Vision Zero program (Program) has four key components: traffic safety improvement, enforcement of traffic laws, public outreach and traffic safety education, and ongoing monitoring and evaluation of traffic injury data for the purpose of prioritizing corrective actions.

Currently, the City’s Engineering and Police Departments provide traffic safety improvement and enforcement of traffic laws which are components of Vision Zero strategy, and this is accomplished with current staffing levels and budget. For example, Engineering is managing two Projects: Citywide Safety Assessment, Project No. 4293, and the Citywide Traffic Modeling Project No. 4297. These Projects identify traffic and congestion patterns as well as safety mitigation strategies. Recommended improvements from these Projects will be programmed into future Capital Improvement Programs (CIP).

The Police Department uses a three-prong approach towards traffic safety. This includes prevention, deterrence, and enforcement of traffic violations. Prevention programs include community education.

The Police Community Relations Unit provides traffic safety presentations to schools within the City upon request and has previously provided bicycle helmets to children to reduce critical injuries if an accident does occur. The Milpitas Police Department Traffic Safety Unit also provides education in addition to enforcement. Traffic safety messages are distributed to the community during presentations and through social media. Grant funding from the Office of Traffic Safety (OTS) is used to conduct traffic safety education presentations to youth and adult community members, to conduct 342
Item # 18.

City Council Referral
(requires more than 4 hours of staff time)

seatbelt and child safety seat enforcement, to crosswalk/pedestrian enforcement, to conduct traffic enforcement in areas of increased collisions, to conduct increased enforcement for speeding, red light and stop sign violations. The Milpitas Police Department refers to these measures generally as traffic safety education.

The Police Department deters the public from using unsafe driving practices by having a visible presence in the community and the deployment of radar trailer in areas particularly prone to bad driving habits and accidents.

Patrol Officers and Traffic Safety Officers conduct traffic enforcement as part of their daily duties. The Milpitas Police Department uses data analysis to identify areas with a high frequency of violations and accidents. Traffic Safety Officers are regularly deployed in these areas for directed enforcement. The Police Department also participates in Countywide Multi-Agency Traffic Enforcement events. During these events, Traffic Safety Officers within the region gather in a particular jurisdiction to conduct enforcement.

Vision Zero Plan Development and Implementation
The first step of the Program is to establish a Plan, as requested in this referral. However, staff assumes that the City Council’s intent is to also implement the Plan. In order to ensure continuity of developing and implementing the Plan, the Transportation & Traffic Section in Engineering would require the addition of one FTE. This position would establish the Vision Zero Task Force (Task Force), which would be crucial to provide input in the Plan development, and work with a Consultant to develop the Plan with input from internal and external stakeholders.

The Task Force would be comprised of several departments (Engineering, Public Works, Police), the Milpitas Unified School District (MUSD); local health providers; and other Milpitas Community stakeholders that would focus on the four key program components and develop solutions inclusive of community needs to eliminate serious traffic injuries and deaths.

After Council approval of the Plan, this position would coordinate and work with the Task Force, lead the citywide implementation of the programs outlined in the Plan working with internal and external stakeholders, and support Plan implementation including the required ongoing collection and evaluation traffic related data as well as ongoing public outreach and education activities. Further, once the Plan is approved by the Council, staffing needs in other departments would have to be evaluated.

Vision Zero Program Estimated Costs
The initial Project cost is estimated to be $550,000 for the consultant and City administration as determined through recent discussions with a consultant. Implementation of a Vision Zero Plan also requires funding for ongoing costs and $250,000 for the staff person assigned to guide the 343
Item # 18.

City Council Referral
(requires more than 4 hours of staff time)

development and implementation of the Plan Program. Additionally, once Council approves the Plan, staffing resources in other departments may have to be evaluated.

If the City Council approves this referral, staff recommends bringing the referral back for Council consideration as part of the development of the FY 2023-24 budget for the FY 2023-24 Preliminary Budget Study Session and the 2024-2028 Capital Improvement Program (CIP) for the 2024-2028 Proposed CIP Study Session.

Status Update as of July 2022
Not Started as current workload and staffing level within the Transportation and Traffic Engineering Section would not permit starting a Vision Zero effort at this time.

Council Clarification/Further Direction Requested

Other Considerations
A successful Vision Zero strategy is a time and resource-intensive program and is not a one-time effort.

The program involves the ongoing active monitoring and evaluation of traffic and accident-related data which would be provided to a new Vision Zero Task Force to develop policies, actions, and improvements supported by the community through outreach and education efforts. Currently, the Engineering Department does not have staffing levels that would permit a person to be committed to the development and implementation of a Vision Zero Plan. * Does not include costs for infrastructure improvements or staffing needs potentially identified in the Plan 344
Item # 18.

City Council Referral
(requires more than 4 hours of staff time)

Category and Topic No. Topic: Requested by:

MISCELLANEOUS
CC07
Establish a Strategic Property Acquisition
Revenue (SPAR) fund for Real Estate
Opportunities

Vice Mayor Montano
Lead Department/Office Supporting Department(s)/Office(s) Economic Development Finance
Council Priority Areas Estimated Completion Date Estimated Cost Economic Development & Job
Growth and Governance &
Administration

TBD TBD
Funding Needed
TBD
Description of Required Work Effort
Per the City Council adopted Economic Development Strategy (May 5, 2020), Strategy 32.1. states to “Identify Funding Options for Strategic Property Acquisition Revenue (SPAR) Fund, Develop, and Adopt SPAR Fund.” In addition, the City Council adopted the General Plan 2040 on March 9, 2021, and Action ED-2a affirms staff to “Establish a Strategic Property Acquisition Revenue (SPAR) fund to support land acquisition, development and long-term revenue opportunities.”

The SPAR fund would enable the City of Milpitas to leverage ongoing revenues and strategically acquire and assemble land in the Gateway/Main Street Specific Plan and Milpitas Metro Specific Plan areas to achieve the City’s economic development goals, investment, and growth opportunities.

The SPAR Fund would be a unique account established by the City to specifically move on available real estate opportunities quickly.

The acquisition of properties in key locations within priority development areas will play a critical role in the early operation of the SPAR Fund for site assembly and public/private partnerships. The cost of acquisition for an acre of land in Milpitas ranges approximately from $4-$5 million. Seed funding for this fund could come from the City’s surplus revenues. For example, an annual budget allocation of $500,000 from surplus revenues over a period of 10 years, assuming ongoing appreciation of land values, would be needed to allow the City to purchase an acre of land in the future. Allocating $1 million annually, would fund the SPAR fund within 5 years.

If the City Council approves this referral, staff recommends bringing the referral back for Council consideration as part of the development of the FY 2023-24 budget for the FY 2023-24 Preliminary Budget Study Session.

Status Update as of July 2022
As part of the Gateway/Main Street Specific Plan, subconsultant BAE will explore SPAR fund opportunities within this program area. In addition, BAE will evaluate the portfolio of City-owned 345
Item # 18.

City Council Referral
(requires more than 4 hours of staff time)

properties and estimate revenue generation potential, any required initial investment, and timing of potential revenue. Using market data, as well as information from recently commissioned City appraisals, BAE will prepare a matrix that shows each property’s highest and best use, permitted uses, AB 1486 Surplus Public Lands Act applicability, property values, potential lease income, and disposition strategy options to generate one-time or ongoing revenue that can flow to the SPAR fund. Cost to operate the SPAR fund will be formulated through conferring with City staff. The result will be BAE preparing a draft and final technical memo with the data, analysis, and findings.

Council Clarification/Further Direction Requested
Since the City Council has already adopted the Economic Development Strategy and General Plan 2040, which calls for identifying funding options and establishing a SPAR fund, staff is seeking additional direction on the following:

 Should staff bring back a discussion during the budget process on the specifics of the amount, timing, and mechanism to establish and maintain a SPAR fund on an ongoing basis?  Should the SPAR fund be used to lead the development of opportunity areas through site assembly and public/private partnerships as well as ground leases for long-term revenue sources?

Other Considerations
Once established, the SPAR fund may be financed on an ongoing basis through General Fund surpluses.

Leasing real property serves several purposes: (1) preserve the value of an asset while having a tenant assume the costs of maintenance, (2) promote economic development, social goals, and other City objectives, and (3) generate revenue to the City through rent and a portion of possessory interest taxes.

One of the downside risks is that return on investment (ROI) may take a while given the estimated amount needed to purchase real property and increasing property values in Milpitas.

346
Item # 18.

City Council Referral
(requires more than 4 hours of staff time)

Category and Topic No. Topic: Requested by:

MISCELLANEOUS
CC08
Memorial Plaque in honor of youth
skateboarder that passed away
Vice Mayor Montano
Lead Department/Office Supporting Department(s)/Office(s) Recreation & Community
Services
Public Works
Council Priority Areas Estimated Completion Date Estimated Cost Community Wellness & Open
Space

June 2022 $10,000
Funding Needed
$4,000
Description of Required Work Effort
Staff will need to identify and reach out to the family on the youth skateboarder and permission to install a memorial plaque for their son. Once permission is obtained, staff would need to coordinate the best and safe location for a plaque, size and wording, contract for the pouring of a concrete base, order the plaque and have it installed. After the installation of a memorial plaque, an unveiling for the family and the public is typically planned. This effort includes further coordination with the family, marketing collateral creation, and outreach to the public. This item would require an estimated 30 hours of staff time of approximately $6,000, and estimated supplies and material costs of $4,000.

Status Update as of July 2022
Staff reached out to Skatepark contacts as to the possible identity of the youth skateboarder.

Information staff received was that the skater who passed away in October 2018 after a skating accident on Old Calaveras Rd. was 24 years of age. The family placed a memorial bench in his honor at the ranch (private property) at the accident site, following his passing.

Council Clarification/Further Direction Requested

Other Considerations
The Skatepark opened in October 2020 and has since held several successful Skate Events at the site.

An alternative to the installation of a memorial plaque would be dedicating a future skating event to the resident skater that passed away, where friends and family would work with staff to incorporate elements of the event that would celebrate the loved one.

347
Item # 18.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
AUGUST 16, 2022
No. Topic Requested By Date Requested
Requires more
than 4 hours of
additional staff
time Department/ Office Status
1 Add Green Bike Lanes Tran, Montano 9/17/2019 N/A Engineering Included in CIP 2 Adopt Resolution similar to County's re: xenophobia, discrimination Dominguez 4/21/2020 N/A CMO, CAO Added to the consent calendar and adopted Resolution on 5/5/2020 3 BMR Homes sub-lease option during COVID-19 Chua 1/19/2021 No CAO, Building &
Housing Info Memo sent on 4/26/2021
4 Bring back update report & discuss status of playing fields for girls' softball in Milpitas Dominguez 10/20/2020 N/A CMO, Recreation Discussed on 02/11/2021, amended JUA for Russell approved on 6/15/2021 5 Celebrate Mexican Independence Day annually on September 16 Montano 6/2/2020 N/A Recreation Approved on consent 8/18/2020 6 Community Theatre, perhaps with MUSD Nuñez, Phan 8/20/2019 N/A Recreation, CMO Discussed @ CIP Study Session on 4/14/2020; councilmembers asked outdoor amphitheater to be placed into the tail end of 5 year CIP 7 Community Workforce Agreement (PLA) Phan 2/18/2020 Yes

CMO, CAO,
Engineering
Council voted to remove this item from the list on 2/02/2021 per CM Phan's request
8 Consider adding state certification NEC for electrical work done in the City (safety) Dominguez 6/30/2020 N/A Building & Housing Not needed, staff is certified 9 Consider change in Commission structure, on term limits Tran 12/15/2020 N/A Recreation, CMO Completed on 1/19/2021 10 Consider Community Museum and Park on Main St. Phan 8/20/2019 N/A CMO To be considered as part of Specific Plan process 11 Consider naming "Milpitas Hills" Dominguez 10/20/2020 Yes Econ. Dev.

Deferred indefinitely on 2/02/2021; did not receive a majority vote from 2/02/2021 council meeting
12 Consider satellite consular offices (post Covid) Montano 6/2/2020 Yes CMO Deferred indefinitely per VM Montano's request on 2/02/2021 council meeting 13 Discuss a "safety first" or other event in lieu of National Night Out (per CAC) Phan 10/20/2020 Yes Building & Housing, Police Remove from the list per CM Phan's request on 2/02/2021 council meeting 14 Discuss budget reductions in next FY with input from residents, employees Nuñez 10/6/2020 N/A Finance, CMO On 10/20/2020, to 11/10, 11/17 15 Discuss having 4th of July parade Nuñez 2/18/2020 N/A Recreation No longer under discussion 16 Discuss potential litigation - re: govts' action on Jamboree-Project Homekey Tran 10/6/2020 N/A Building & Housing, CMO,
CAO Multiple Closed Sessions - Oct. 2020
17 Discussion of campaign finance reform and/or Open Government Ordinance Phan 6/30/2020 N/A City Clerk, CAO Withdrawn @ 8/4/2020 CC meeting 18 Discussion of Minute Man as City's image, when City branding comes back Phan 8/18/2020 N/A CMO Staff and consultant presented the item on 5/4/2021, due to the late hour it was deferred to a future meeting. Council provided input that the Minute Man discussion will not be pursued further.
19 Discussion on possible tax measures Tran, Phan 4/21/2020 N/A Finance Done on 5/15/2020 20 Discussion/staff report on Beautify Milpitas, graffiti abatement, resources Montano 6/30/2020 Yes CMO, PW City Council approved the Beautify Milpitas program on June 1, 2021 21 Economic Development Corporation (EDC) Montano
12/15/2020,
01/05/2021,
01/19/2021,
01/26/2021 Yes CMO, Econ. Dev. Deferred on 4/20/2021
22 Emergency item for next agenda: extend tenant eviction protections Dominguez 6/16/2020 N/A Building & Housing, CAO Withdrawn, covered by other govt 23 Emergency request to cap rents on small businesses (tenants) in Milpitas Dominguez 10/6/2020 N/A Econ. Dev., CAO On 12/01/20. Not supported 24 Establish "ADU Mondays" Chua 1/5/2021 No
Building & Housing,
Planning Launched in March 2021
25 Establish a Day Worker Program Montano 6/16/2020 Yes CMO Mayor & Vice Mayor to brainstorm in future; Council voted to remove this item from the list on 2/02/2021 per VM Montano's request
26 Establish Milpitas coronavirus testing site Phan 4/7/2020 N/A FCMO, Fire, CAO Completed 27 Expedite process for Measure F Oversight Committee Chua 12/15/2020 N/A Finance Staff explained planned process, appts. were approved by Council in March 2021 28 Form "Beautify Milpitas" subcommittee - for a future Task Force or Commission Chua 12/15/2020 Yes CMO, PW Council approved the Beautify Milpitas program on June 1, 2021. No subcommittee to be formed.
29 Form a Historical Commission Montano 6/2/2020 N/A Recreation, CMO Already part of PRCRC. Commission discussed on 01-05- 2021, no change 30 Form a Homelessness Task Force Tran 12/15/2020 N/A CMO Approved by Council on 1/5/21 31 Info. on new SB 50 (housing, transit bill) Phan 1/7/2020 N/A Building & Housing Sent memo to City Council 32 List of city charges/costs that could be waived for small businesses Dominguez 6/16/2020 N/A Finance, Econ. Dev. 6/30/2020 info memo 33 Maintain Dagupan, P.I. as a Sister City Tran, Montano 9/17/2019 N/A CMO Approved the renewed MOU continuing the Sister City relationship on 12/17/2019 34 Mayor shall recommend a Milpitas resident to serve on VTA Bike Committee Dominguez 11/17/2020 N/A Engineering 12/15/20: resident Kristal Caidoy appointed to VTA BPAC Group 4 – items that have been completed, deferred, or withdrawn ATTACHMENT 3
348
Item # 18.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
AUGUST 16, 2022
No. Topic Requested By Date Requested
Requires more
than 4 hours of
additional staff
time Department/ Office Status
Group 4 – items that have been completed, deferred, or withdrawn 35 No on possible ban on vaping, yes on restricting smoking in multi-unit bldgs Montano 1/7/2020 Yes Planning, Recreation, CAO Ordinance for multi-unit buildings adopted on 6/15/2021 36 Opportunity to share ideas for US census & on City "sponsored" events Dominguez 9/1/2020 N/A CMO 12/01: remove census topic, move events to CC retreat 2021; at 1/12 retreat Council direction to cease
37 Parade for MHS Trojans Football Tran, City Manager 1/21/2020 N/A Council 1/28/2020 38 Performance Evaluation (Contract) of City Attorney Tran 1/5/2021 N/A Council, CAO Multiple Council closed session discussions held. Council voted to move to a full time in- house City Attorney on 6/21, additional direction on next steps to be provided to staff in August.
39 PG&E power outage plan presentation to Council Tran 1/19/2021 No CMO Presented to Council on 3/16/2021 40 Plan to put utility fines into a fund to help small businesses in the City Montano 12/15/2020 N/A Finance Directed staff on 2/02/2021 to approve policy recommendations temporarily suspending penalties for delinquent fire permit fees, and delay or waive business lic. tax collections but no direction to create a separate fund. On 2/16/2021 Council approved waiving business license penalty between Jan 1 - May 31, 2021. Also, the utility late fee and water shut off have been suspended consistent with State Emergency Order (through Sept 31, 2021). Also, Council allocated ARPA funds to assist small businesses. 41 Policy for Proclamations and Commendations Nuñez, Phan 8/20/2019 N/A CMO Withdrawn 6/2/2020 42 Policy for Social Media Nuñez, Phan 8/20/2019 N/A CMO, CAO Withdrawn 6/2/2020; policy already approved by Council 43 Pollination protection Dominguez 1/5/2021 Yes CMO Deferred on 2/02/2021; did not receive a majority vote on 2/02/2021 council meeting 44 Postponement (not waiver) of penalties related to City business fees Tran 1/5/2021 N/A Finance On 2/16/2021 Council approved waiving penalties until May 31. The suspension of penalties is now no longer in effect.
45 Proclamation and support for face coverings Montano 4/7/2020 N/A CMO, CAO 4/21/2020. CC directed City Manager to issue regs 46 Propose building height limits in area east of Milpitas Blvd. Tran 12/15/2020 Yes Planning Deferred for one year from 2/02/2021 Council meeting 47 Read "Code of Conduct" aloud prior to each City Council meeting Montano 6/2/2020 N/A CAO Approved 8/18/2020. City Attorney began this practice 9/01/20 48 Rename Augustine Park to include "Sunnyhills" Tran, Montano 9/17/2019 N/A Recreation Approved on 2/4/2020 49 Rename portion of Dixon Landing Rd., as Barack Obama Boulevard Nuñez, Phan 8/20/2019 N/A Planning, CMO Deferred indefinitely 50 Report from staff on 2nd federal stimulus package - action plan on funds Chua 12/15/2020 N/A CMO, Finance Info Memo sent to Council on 12/23/2020 51 Report on parking in The Pines Nuñez 1/7/2020 N/A Engineering 2/18/2020 52 Report on speed cameras like Fremont (radar displays) - no enforcement Phan 1/7/2020 N/A Police 1/28/2020, 3/24/2020, 4/14/2020 53 Request for Dumpster Days Tran 1/7/2020 N/A PW Program initiated in Spring 2021 54 Resolution in support of elimination of discrimination v. women Dominguez 1/7/2020 N/A CMO, CAO 5/19/2020 Reso. Adopted 8/04/2020 Ord. adopted 55 Resolution on financial status of the City, steps to be taken Nuñez 8/18/2020 N/A Finance Resolution adopted 9/01/2020 56 Responsible Construction Ordinance Phan 2/4/2020 N/A CAO, Building & Housing Ordinance adopted on 02/02/2021 57 Revise Community Garden Strategy Dominguez 1/5/2021 Yes Recreation Deferred on 2/02/2021; did not receive a majority vote on 2/02/2021 58 Revisit CC Housing Subcommittee, consider dismantling ; bring items to Council Dominguez 11/10/2020 N/A Building & Housing, CMO 12/01/20: Did not vote to eliminate Subcommittee 59 Revisit contract provisions of executive staff (CM + CA) best working environment Phan 11/10/2020 N/A Council, CMO, CAO Discussed @ Closed Session 11/17/2020 60 Schedule and host a "Milpitas Business Expo" in late 2021 Chua 12/15/2020 Yes Econ. Dev. Did not receive a majority vote from 2/02/2021 council meeting 61 Street/traffic calming update Nuñez 1/7/2020 N/A Engineering 3/3/2020 62 Support community distribution of masks Dominguez 4/7/2020 N/A CMO, Fire, Recreation Councilmembers supported at the 4/21/2020 Special Council meeting 63 Support for Laura's Law Phan 2/4/2020 N/A CMO, CAO Supported @ 5/19/2020 council meeting 64 Update "My Milpitas" App for COVID- 19 information Phan 1/5/2021 N/A PW, IT Updated App to provide links 65 Update on planning grant for ADU marketing. Chua 1/5/2021 No Planning Presented to Council on 4/06/2021 66 Update on trash problems in homeless camps Chua 1/19/2021 No PW Info Memo sent 1/24/2021 67 Vaccine distribution plan - add testing locations and expedite mass vaccine distribution Phan 1/19/2021 Yes CMO, Fire COVID-19 mobile testing transition to vaccine distribution info memo was sent on 1/22/2021; SCC and MFD launched mobile vaccination on 4/5/2021, in-home vaccination program started on 4/15/2021
68 Vote on County 2020-2025 Plan to end Homelessness Dominguez 11/17/2020 N/A CAO, CMO 12/1/20 adopted Resolution in support 69 Amend Accessory Dwelling Units (ADU) ordinance to address unpermitted ADUs Chua 1/5/2021 Yes Building Safety & Housing,
Planning
Safe ADU Legalization Program is launched on 3/24/2022, utilizing ARPA funding. No Ordinance amendment is necessary.
349
Item # 18.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
AUGUST 16, 2022
No. Topic Requested By Date Requested
Requires more
than 4 hours of
additional staff
time Department/ Office Status
Group 4 – items that have been completed, deferred, or withdrawn 70 Amend Ordinance to remove affordable housing in-lieu fee Chua 12/15/2020 Yes Building Safety & Housing,
CAO Amended Affordable Housing Ordinance adopted on 2/1/2022. 71 Below Market Rate (BMR) units - process for selecting applicants Chua 10/19/2021 Yes Building Safety and Housing,
CAO Info Memo sent to Council on 1/14/2022 and 3/17/2022. 72 Consider rescinding direction given on 1355 California Circle project and allow the project application to move forward without being tied to a specific plan (Original request was for item to be placed on November 2 agenda) Chua 10/19/2021 Planning, CAO Staff is working with the developer on options to move the project forward. 73 Consider "Old Town" Main St. revitalization, funding, economic dev., improve area Montano 12/15/2020 Yes CMO, Planning, Engineering,
Finance
Council provided direction to move forward with revitalization efforts on May 11, 2021. Staff is working on various items related to revitalization and have provided subsequent updates to the Council in October and to the Main Street Revitalization Subcommittee in September and November.
74 Create an “Incentive Corner,” which will be a sub-page with links to different freebies, grants, and incentives from the City and the regions, including the Water District and Silicon Valley Clean Energy Chua 8/17/2021 No
Information Technology,
Public Works "Incentive Corner" webpage is live on the City's website. Banner posted on 3/28/2022. 75 Donate old, obsolete, noncompliance items from the Fire Department to Sister City Dagupan Philippines Chua 8/9/2021 Yes Fire, CAO, Finance
Council approved the resolution for donations of personal protective equipment on March 1, 2022 and staff implemented the program by the end of March. 76 Extend the outdoor dining options through March of next year Phan 9/21/2021 No Planning Planning Director to provide information on current outdoor dining extension 77 Fee waiver for the Chamber of Commerce for either the Oktoberfest or Arts and wine Festival Montano 3/1/2022 Yes Recreation Staff reached out to the Chamber of Commerce. The Chamber may seek a fee waiver next fiscal year.
78 Fee waiver for the Christian Worship Center's Easter Egg Hunt event Tran 3/1/2022 Recreation The City Council approved a fee waiver for this event on April 5, 2022. 79 Fee waiver for the Kiwanis Annual Crab Feed event Tran 3/1/2022 Recreation Approved at the 3/15/2022 Council Meeting 80 Guide small businesses on ADA (Americans with Disabilities Act) requirements due to the quick changes made to facilities during the pandemic Chua 8/5/2021 No Economic Development 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. 81 Host a Townhall at City Hall in January, February, and March for the community to share comments about the issue of the unhoused Tran 11/2/2021 Yes CMO, CAO, Police, Public
Works Deferred by Mayor Tran because of public health status 82 Illegal dumping Phan 10/5/2021 Yes Public Works Info Memo sent to Council on 2/25/2022 83 Incorporate a Press Release Policy (if there is an existing policy) in the City Council Handbook Tran 8/17/2021 Yes CMO, CAO The City Council Handbook was adopted at the Jan. 11, 2022 City Council meeting. 84 Increase number of commission members from seven to nine on the Parks, Recreation and Cultural Resources Commission Montano 10/5/2021 Yes CMO, Recreation, City Clerk Council approved Bylaw changes at the April 19 Council meeting 85 Increase the City's rebate program to match
Valley Water's two dollars rebate increase and look into expanding the "Lawn Buster" program to more residents based on income Chua 6/15/2021 Yes Public Works On October 19, 2021, the Council approved a contract amendment with the Santa Clara Valley Water District (District) to match the District's rebate amount and to authorize the City to manage the "Lawn Buster" program with "Our City Forest" on behalf of the District. On December 14, 2021, Council approved a contract with "Our City Forest." 86 Increase the number of local businesses doing business with the City Chua 4/6/2021 Yes CMO, Economic
Development, Finance
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. 87 Job fair with 20 local businesses to be held soon and an additional one in the fall with the Chamber taking a larger role and the City providing some support Chua 6/1/2021 Yes Economic Development 88 Look into reducing rates for the seniors and low-income families for Sports Center activities Montano 2/1/2022 Yes Recreation, Finance The FY2021-22 Adopted Fee Schedule includes discounted membership and fitness passes for Seniors; low-income families can apply for membership and fitness pass discounts through the Milpitas Assistance Program
89 Memorialize those that have passed due to COVID-19 in Milpitas Dominguez 3/2/2021 Yes CMO, Recreation At 8/9/2021, Council provided input that COVID-19 had not yet passed and that the discussion about a memorial should be had at a future time.
90 Mini-libraries in the low-income areas of the City Montano 4/20/2021 Yes Planning Discussed on 8/9/2021, 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.
91 Outreach to notify the community of the trash voucher program Chua 9/7/2021 No Public Works Staff provided an Information Memorandum regarding the pilot program on April 6, 2022. 92 Proclaim Saturday, March 19, 2022 as Chez the Ice Cream Man Appreciation Day Tran 3/1/2022 No City Clerk Proclaimed at the 3/15/2022 Council Meeting 93 Provide Commissioners appreciation gifts Chua 10/19/2021 Yes CMO, Finance Staff placed the order of fleece jackets the week of March 14th. Depending on the stock, the appreciation gifts will be distributed during the first two weeks in April 2022. 350
Item # 18.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
AUGUST 16, 2022
No. Topic Requested By Date Requested
Requires more
than 4 hours of
additional staff
time Department/ Office Status
Group 4 – items that have been completed, deferred, or withdrawn 94 Reduce the park rental fees for the Samuel Ayer High School reunion Montano 2/1/2022 No Recreation Approved at 3/15/2022 Council meeting. Info Memo on City Council Policy on Fee Waivers & Reductions was sent out on 3/8/2022
95 Reduce the City’s Senior Center facilities deposit for the Auditorium/Community Room Montano 5/4/2021 Yes Recreation, Finance Council approved the reduction of the facilities deposit as part of the adoption of the FY 2022- 23 Master Fee Schedule Resolution. Will be brought forward on 4/19 as part of Master Fee Schedule discussion.
96 Requested a meeting for the subcommittee for the Old Town Main Street be scheduled next month Montano 1/18/2022 No CMO The Subcommittee meeting was hed on April 12 at 4:30pm. 97 Requested discussion and for staff to look at creating a pilot project to accommodate pickleball at Peter Gill Park and would like a feasibility study with a goal of making these courts multi- purpose Chua
11/16/2021
1/18/2022 Yes
CMO, Recreation,
Engineering, Public Works City Council approved the pilot on 3/15/2022 98 Require implicit bias training for City Council, Commissioners & staff Dominguez 6/16/2020 N/A Human Resources This item has been completed. The training was held on January 7, 2022 (for City Council) and various dates for staff. Training information was also sent to all Commissioners. 351
Item # 18.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Consider Nomination of a Member of the City Council to the Santa Clara County Unhoused Task Force for Appointment by the Santa Clara County Board of Supervisors. (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586- 3053)
Category: Leadership and Support Services
Meeting Date: 9/6/2022
Recommendation: Consider Mayor’s nomination of a Member of the City Council to the Santa Clara County Unhoused Task Force and move to confirm the nomination for Appointment by the Santa Clara County Board of Supervisors

BACKGROUND:

In January 2020, the Santa Clara County Board of Supervisors (Board) approved a plan to establish a homeless task force and a plan to address the region’s housing insecurity crisis. The Board of Supervisors adopted a resolution on June 23, 2020, establishing the Unhoused Task Force (UTF). The task force focuses identifying and contributing to feasible strategies to address homelessness, including transitional and short- term housing solutions. The Board appointed Supervisors Cindy Chavez and Susan Ellenberg to serve on the Task Force; and on August 11, 2020, the Board appointed 23 members to the Task Force.

On August 11, 2020, the Board appointed Councilmember Karina Dominguez and former Councilmember Bob Nuñez to serve on the task force as the City of Milpitas City Council representatives. The Santa Clara County staff, on behalf of Supervisor Cindy Chavez in her capacity as the Unhoused Task Force Co-Chair, contacted Mayor Rich Tran requesting to nominate a Councilmember to fill the vacant City of Milpitas City Council seat on the Unhoused Task Force.

ANALYSIS:

To ensure full representation from the City of Milpitas on the UTF, the County requests that the City Council nominate a Councilmember to the Board of Supervisors for appointment. The next UTF meeting is scheduled to be held virtually on Friday, September 16, from 1:00 p.m. to 3:00 p.m.

FISCAL IMPACT:

Participating in the task force meeting does not have fiscal impact to the city.

California Environmental Quality Act (CEQA):

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

RECOMMENDATION:

Consider Mayor’s nomination of a Member of the City Council to the Santa Clara County Unhoused Task Force and move to confirm the nomination for Appointment by the Santa Clara County Board of Supervisors.

Attachment(s):

None
352
Item # 19.