1 EXHIBIT “A”
Change Order Form
EXHIBIT “A”
CHANGE ORDER FORM
City of Milpitas
455 E. Calveras Boulevard
Milpitas, California 93035
CONTRACT CHANGE ORDER NO. __
Date: [INSERT]
To: [CONTRACTOR NAME]
[ADDRESS]
[ADDRESS]
Attn: [CONTRACTOR REP]
Project: [INSERT]
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 2
Totals $
Original Contract Amount: $XX.00
Change by Previous Change Order(s): $XX.00
Contract Price Prior to this Change Order: $XX.00
Current Change Order Amount: $XX.00
Revised Contract Amount including this Change Order: $XX.00
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2 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. This 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 interruption 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) Tony Ndah, Director of Public Works Date Approved:
(Signature) Steven G. McHarris, City Manager Date
This Contract Change Order consists of 2 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 #
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3 Exhibit B
“Scope of Work”
I. SCOPE
The City of Milpitas has an immediate need for concrete repair work on public right-of-way sidewalks. The work shall be performed in accordance with these specifications in Exhibit “B” and in conformity with the lines, grades, and typical cross-sections shown on the plans.
1. Area of Coverage:
The following locations within City of Milpitas jurisdiction are identified in Exhibit C.
The site list includes street location, sidewalk replacement dimension(s), linear feet of curb and gutter replacement (if applicable), and whether the site requires concrete grinding.
2. Specification Reference(s):
Where State Specifications and Standard Plans are referred to, it shall mean City of Milpitas, Engineering Division, Standard Drawings, No. 419, 420, 422, 423, 425, 426, 427, 430, 432, 434, and 436 (See Exhibit “B”)
3. Fees and Permits:
The contractor shall procure all permits required to carry out and complete specified work. Where payment for permits are to be made to the City of Milpitas, such fees are waived.
II. MINIMUM QUALIFICATIONS
1. The contractor must have a minimum of five (5) years of relevant experience in commercial cement work.
2. Contractor's License Required. This work requires a California Contractor's State License Board License Class A - General Engineering Contractor, Class C-8 Concrete Contractor; or other appropriate license required to complete the specified work.
3. The contractor shall maintain a current business license with the City of Milpitas. The bidders State contractor's license must not be currently under probation or suspension as set forth by the State of California, Department of Consumer Affairs.
4. The Contractor shall designate one qualified project manager to serve as the principal contact for the City whose resume shall be submitted as a part of the bid.
III. RECORDS / DCOUMENT OWNERSHIP
The Contractor shall keep, and require subcontractors to keep, records as necessary to perform the services required by this Contract and enable the City to evaluate the performance of such services. The City of Milpitas shall maintain full access to records. This includes the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the Contract, and the City 190
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4 shall have access to such records in the event any audit is required. The Contractor assumes the cost of producing records to the City.
All drawings, specifications, reports, records, documents, and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Contract shall be the property of City and shall be delivered upon request to the City Supervisor.
The drawings, specifications, reports, records, documents, and other materials prepared by the Contractor in the performance of services under this Contract shall not be released publicly without the prior written approval of the Public Works Director.
IV. EXECUTION
General
The successful bidder shall furnish all labor, tools, equipment, transportation, supervision and materials necessary for the completion of the following work in a workmanlike manner as customary for the Contractor's License and the type of work.
The Contractor shall ensure that they are qualified and experienced and have the necessary resources for the successful completion of the work including any amendments as they may occur during the execution of the work.
All equipment, materials, and labor utilized, and all workmanship shall comply with all current codes, standards, regulations, City ordinances, and statutes pertaining to the services.
When requested, the Contractor shall provide proposal(s) for work using the rate sheet provided by the Contractor to provide the city with formal estimates for review.
Scheduling
The Contractor shall submit a complete, tentative project schedule at the time of the preconstruction meeting. A minimum of seven (7) working days prior to beginning work on any of the streets, the Contractor shall submit to the City Project Manager for approval a detailed written schedule of work listing the dates on which individual streets shall be impacted.
Following approval, the Contractor shall adhere diligently to the approved written schedule in the prosecution of the work. The contractor shall post No Parking signs on affected streets indicating the date of work at least 48 hours prior to the actual work.
The Contractor shall have 90 days to complete all work.
Preparation
Subgrade preparation for sidewalks shall be made to the required depth and to a width that will permit the installation and bracing of the forms.
The subgrade shall be shaped and compacted to a firm, even surface in reasonably close conformity with the grade and section on the plans. All soft and yielding material shall be removed and replaced with acceptable material, which shall then be compacted.
The prepared subgrade shall then be brought to true line and grade with a minimum depth of two inches (2") of mineral aggregate base, unless specified otherwise on the drawings.
Repair of Sidewalk, Curbs & Gutters
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5 Sidewalk Repairs shall consist of repairing failed sections of existing sidewalks indicated by Table A in Section I of these specifications.
Failed sections of sidewalks, curbs, or gutters shall be saw cut to the depth of the failed section at the removal boundary. Boundaries shall be existing score marks or expansion joints, or as designated by the City Supervisor.
This work consists of the removal and replacement of damaged concrete sidewalk and the removal and replacement of concrete curb and gutter. Root removal may be necessary at each location. City Project Manager should be consulted prior to root removal. Exact locations of sidewalk replacement and root removals are to be determined by the City Project Manager.
Tree removal will be completed by current City Tree Contractor/Arborist and coordination of this effort will be discussed at the pre-construction meeting.
The contractor shall remove the failed concrete section to a depth of four inches (4") or to the bottom of the concrete if the concrete depth is greater than four (4") inches.
Removal of the failed concrete shall be performed in such a manner that the saw cut edge of the remaining concrete is undisturbed and undamaged.
All concrete locations shall be shaved to provide a smooth transition between concrete slabs. The shave areas shall be uniform, smooth, contain minimal grooving and be straight at the backline with little or no scarring of the adjacent concrete. Any transitions shall conform to the latest American Disability Act Accessibility Guidelines.
Site Conditions
The Contractor shall maintain a neat appearance at the work site in all areas visible to the public.
Broken concrete, asphalt concrete, soil, tree branches and roots and other debris developed during construction shall be disposed of concurrently with its removal on a daily basis.
Stockpiling of new materials shall be permitted only with the approval of the City Project Manager and only in approved locations.
The Contractor shall clean up all rubbish and excess materials from the work site on a daily basis, the material storage site, and all ground occupied by Contractor in connection with this work. All tree, roots, wood chips, branches, soil and concrete debris shall be removed from each repair location on a daily basis. The Contractor shall leave all parts of the work in a neat and presentable condition on a daily basis and prior to final inspection of the work by the Project Manager.
Upon demolition of sidewalk project sites, open excavations shall not remain open longer then 72 hours unless approved by the City in advance.
The Contractor may not stage equipment or vehicles on any public right of way longer then 48 consecutive hours.
Traffic Control
The Contractor shall submit a traffic control plan for approval by the City prior to the commencement of work. The contractor shall provide all necessary signs, advance warning signs, barricades, caution tape, guards, flagmen, arrow boards and other safety devices as may be required by the City Supervisor to give advised and reasonable protection, safety, and warning to persons and vehicular traffic in the area. Sidewalk closure signs shall be placed at each sidewalk 192
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6 replacement location. All traffic control devices and methods shall conform to the applicable sections of the current State Specifications and the “Manual of Traffic Controls for Construction and Maintenance Work Zones”, except as specified herein.
The costs of providing traffic control, including all necessary personnel, directional and safety equipment, and all work involved in traffic control, shall be included in the various bid items for this contract end no additional payment will be allowed.
Dust Control
The provisions of Section 10 of the State Specifications shall govern, except that the water is not a pay item, and the entire cost of preventing dust nuisance shall be at the expense of the Contractor.
Licenses and Permits
The Contractor shall procure a Hydrant Permit as per the requirements. Inquiries regarding Hydrant permits should be directed to 408-586-3100. Full compensation for obtaining and complying with the requirements of WATER METER RENTAL shall be considered as included in the prices paid for the various Contract items of work and no additional compensation will be allowed.
Safety Compliance
Contractor accepts responsibility for determining that all necessary safeguards and PPE for protection of contractor’s employees are available or will be furnished to employees. All work performed must conform to CAL-OSHA standards. If the Contractor is observed failing to meet these requirements, the City reserves the right to issue a “Stop Work’ notice at which point the Contractor will cease operations at the work site until safety compliance is implemented and formal notice to resume operations by the City Supervisor has been issued. The Contractor is responsible for any cost(s) associated with the disruption of operations as a result safety non- compliance delay.
The Contractor shall inform the City Supervisor immediately if a safety hazard is discovered within a City public right of way.
Hours of Work
All work is to be done from 8 a.m. to 5 p.m. Any request(s) for work outside of these times must be approved in advance by the City Supervisor.
Project Staff
Contractor shall employ a complete and competent project staff for the duration of the work.
Contractor shall not replace the Project Manager without a minimum seven (7) days written notice and submission of the new project manager’s resume. Any changes in Project Manager shall be subject to the City’s approval.
The Project Manager will always be on site to oversee work from the first day of mobilization until the last punch list item is signed off. The project manager shall have the authority to control crew size and will focus on adherence to the schedule, troubleshooting, coordination with the City Supervisor, as well as other trades and quality assurance. Contractor must provide the City Supervisor with an emergency telephone number where the Contractor’s project manager may be reached at any time, 24 hours a day.
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7 Recycling and Reuse
Excess material including, but not limited to, broken concrete and paving materials, clean earth, clean mud, clean soil shall be removed from the job site for recycling at the Contractors expenses.
The Contractor shall be responsible for the removal; hauling, loading, stockpiling, inspecting, testing, and re-handling as necessary for recycling of excess material offsite in a legal manner and no additional compensation shall be made.
The City defines clean mud, soil, dirt, earth etc. as having an Environmental Screening Levels (ESLs) equal to or below the Commercial/Industrial Land Use defined by the Current San Francisco Regional Water Quality Control Board Table A with exception to Arsenic and Vanadium at levels up to 5.5 mg/kg (Background levels) for excess Material from within City right-of-way.
The Contractor shall, as appropriate, reuse any useful construction materials generated during the project. The Contractor shall recycle ail paving materials including, but not limited to aggregate base material, asphalt, and concrete. The Contractor shall perform all recycling or reuse of material by removing from the job site at no additional cost to the City. The Contractor shall provide a copy of the "Weight Ticket' listing the descriptions and quantities of all materials recycled to the City Supervisor.
The contractor is advised that extreme care shall be required of him in the construction of all construction joints with existing concrete. All such joints shall be subject to the approval of the City Supervisor.
Water
Potable water will be made available from existing City fire hydrant(s) nearest the proposed construction site as approved by the City Supervisor. If there is a need for water during construction, the Contractor shall apply for a City construction water meter at the City Hall Finance Counter prior to the beginning of work. A security deposit of $2,000 is required for the construction water meter from which the meter rental fee and 'cost of water will be deducted. If the rental fee and the water costs exceed the $2,000.00 deposited, an invoice will be issued to the contractor for payment.
All required water, all work, and materials required for obtaining, pumping, transporting and applying and otherwise disposing of said water shall be in an approved manner and shall be performed by, and at the expense of the Contractor and no extra or separate compensation will be made thereof.
Inspection and Acceptance
a) All services provided shall be subject to inspection and shall meet the approval of the City. If they not approved, the City shall have the right to reject them or to require correction.
b) Acceptance or rejection of the work shall be made as promptly as practical, but failure to accept or reject the work shall not relieve the Contractor from responsibility for services provided not in accordance with the contract.
c) The City will not be deemed to have accepted the services by virtue of a partial or full payment for it.
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8 d) The City shall be the final judge of all services and its decisions of all questions in dispute will be final.
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9 Exhibit C
Job Site Listing
Site No. Location Size Sidewalk Sq.FtCurb Gutter LFAdditional Work per Site1 1120 Park Oak Ct 4x16 642 587 Prada Dr 4x4 163 1132 Park Oak Ct 4x20 80 204 1309 Jungfrau Ct 4x6 245 1010 Jungfrau Ct 4x10 40 Driveway Approach6 587 Prada Dr 4x4 167 1009 Big Bear Ct 4x6 248 1192 Park Oak Ct 4x12 489 1015 Horcajo St 4x4 1610 455 Roswell 4x20 8011 485 Roswell 5x6 30 Driveway Approach12 626 Penitencia St 4x44 176 4413 191 Manfred St 5x24 120 2414225 S Milpitas Blvd4x21 4x15 4x1922315 1001 Pheonix Ct 4x8 3216 190 Dixon Rd 4x6 24 Driveway Approach17 1677 Yellowstone Ave 4x39 156 1518 396 Martil Way 4x6 2419 2200 Skyline Dr 4x10 40201151 N. Abbott Ave 4x48 4x8224 921 157 Beacon Dr. 4x26 10422Washington Dr. @ Pomeroy School4x526x23 D/W23 425 Gross St 4x12 48 2324 434 Gross St 8x9 72 Driveway Approach251342 Guerrero Ct4x25 6x9 4x111926 423 Corinthia Dr. 4x8 3227 623 Aberdeen way 4x4 1628 345 Monmouth 4x42 168 4229 2113 Skyline 4x37 148 3730 748 Singley 4x14 5631 550 Hillview 5x5 2532 1443 Saturn Ct 4X8 3233 947 Hillview Dr 4X11 4434 466 Roswell Dr 4X15 6035506 Curtner Dr4x12 4x1510836 1557 Stemel 4X6 24372035-2079 Yellowstone 11530 sqft 11530 9133 ADA Truncated DomesTwo Driveways38 634 Santos Ct 4X33 13239 889 Galindo Court 4x70 28040 600 Barber Ln 5X13 65 18411154 Ayer St9X36 9X15459 3542 841 Strickroth 4x12 4843 859 Russell Ln 4x68 272 5544 Across 1425 N McCarthy 4x10 4045 190 Corning 4x10 40 1046 901 Ames 6x32 19247 1706 Clear Lake Ave 4x10 40 196
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10 Exhibit “D”
City Drawings
[BEGINS ON FOLLOWING PAGE]
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Item # C8.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Accepting and Authorizing the City Manager to Execute a Sole Source Purchase for Procurement of six (6) LIFEPAK 15 V4 Monitor/Defibrillators from Stryker Sales Corporation in the Amount of $220,107.43, Net of Credit (Staff Contact: Brian Sherrard, Fire Chief, 408-586-2811; and Kenju Suzuki, EMS Battalion Chief, 408-586-2824)
Category: Consent Calendar-Public Safety
Meeting Date: 10/4/2022
Recommendation: Adopt a Resolution accepting and authorizing the City Manager to execute the Sole Source Purchase of six (6) LIFEPAK 15 V4 Monitor/Defibrillators with Stryker Sales Corporation in the Amount of $220,107.43, Net of Credit.
BACKGROUND:
LIFEPAK 15 V4 Monitors/Defibrillators are used to revive patients in sudden cardiac arrest. Due to the age of the current models in the fleet, the Fire Department has a need to replace six (6) LIFEPAK -15 Cardiac Monitors/Defibrillators. Stryker no longer provides replacement parts for the LIFEPAK 15 V1/V2 Monitors/Defibrillators which the Milpitas Fire Department currently uses. In order to fund this replacement, a s part of the FY 2022 -23 Operating Budget , Council approved funds for six (6) LIFEPAK 15 V4 Monitors/Defibrillators.
The Municipal Code Section I-2-3.06 titled Sole Source Procurement provides for a contract to be awarded without competition when the Purchasing Agent determines in writing, after conducting a good faith review of available sources, that only one viable source exists for the required supplies, material, equipment, or general service, or that there is a compelling reason for using only one source. The Purchasing Agent shall conduct negotiations, as appropriate, as to price, delivery and terms. A written statement of the basis for the sole source determination and the period of the sole source approval shall be placed in the contract file.
ANALYSIS:
Stryker is the sole-source provider in the Hospital (hospitals and hospital-owned facilities), Emergency Response Services and Emergency Response Training (paramedics, professional and volunteer fire) markets in the U.S. and Canada for the LIFEPAK 15 V4 Monitor/Defibrillators and accessories used by the Milpitas Fire Department.
Stryker does not authorize any third party to sell these products or services in these markets.
Consistent with the City’s Municipal Code, the Purchasing Agent has determined that Stryker is the sole source provider of the LIFEPAK 15 monitors/defibrillators. Stryker will provide a trade -in credit of $39,000 for the outdated equipment replacement. The total not -to-exceed amount for six (6) LIFEPAK 15 V4 Monitor/Defibrillators is $220,107.43, and includes a one -time $39,000.00 credit to trade in six (6) remaining Stryker LP15V1/V2 Cardiac Monitor/Defibrillators.
POLICY ALTERNATIVE(S):
Alternative 1: Elect to not purchase the six (6) LIFEPAK 15 V4 Monitors/Defibrillators.
Pros: The City would not expend $220,107.043 for the LIFEPAK 15 V4 Monitor/Defibrillators Cons: Older versions of the LIFEPAK 15 Monitors/Defibrillators would continue to be used until they breakdown. Parts for the older versions are no longer provided by Stryker.
Reason for Not Recommending: LIFEPAK 15 V4 Monitors/Defibrillators are used to revive patients in sudden cardiac arrest. This equipment is vital to the operations of the Milpitas Fire Department as it has a direct impact on patient care and survivability. 212
Item # C9.
FISCAL IMPACT:
The six LIFEPAK 15 V4 monitor/defibrillators cost $220,107.43, net of credit. Funds for these products were approved by City Council and are available from the Fire Department budget.
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:
Adopt a resolution accepting and authorizing the City Manager to execute the Sole Source Purchase for six (6) LIFEPAK 15 V4 Monitor/Defibrillators from Stryker Sales Corporation.
Attachment(s):
1. Agreement between City of Milpitas and Stryker for six (6) LIFEPAK 15 V4 Monitor/Defibrillators with the not-to-exceed amount of $220,107.43
2. Sole Source Resolution
3. June 7, 2022 Sole Source Purchase Order
4. Current Sole Source Request
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Item C 9 Attachment 1
Agreement between City of Milpitas and Stryker for six (6) LIFEPAK 15 V4 Monitor/Defibrillators with the not-to-exceed amount of $220,107.43
To be distributed separately
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Resolution No. ____
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS
ACCEPTING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SOLE SOURCE PURCHASE OF SIX LIFEPAK 15
MONITOR/DEFIBRILLATORS FROM STRYKER SALES CORPORATION;
WHEREAS, Section I -2-3.06 of the Milpitas Municipal Code authorizes the City Council to award contracts without competition when the Purchasing Agent determines in writing, after conducting a good faith review of available sources, that only one viable source exists for the required supplies, material, equipment, or general service, or that there is a compelling reason for using only one source.; and
WHEREAS, Stryker is the sole-source provider in the Hospital (hospitals and hospital-owned facilities), Emergency Response Services and Emergency Response Training (paramedics, professional and volunteer fire) markets in the U.S. and Canada for the LIFEPAK 15 V4 Monitor/Defibrillators and accessories used by the Milpitas Fire Department; and
WHEREAS, due to age of the current models in the fleet, the Fire Department has a need for six (6) LIFEPAK-15 Cardiac Monitor/Defibrillators that are compatible with the Santa Clara County Emergenc y Management System; and
WHEREAS, the total not-to-exceed amount of new equipment is $220,107.43, and includes a one-time $39,000.00 credit to trade in six (6) remaining Stryker LP15V1/V2 Cardiac Monitor/Defibrillators; and
WHEREAS, as part of the FY 2022-23 Fire Capital Outlay and Operating Budget Council approved funds for these six (6) LIFEPAK 15 V4 Monitor/Defibrillators; and
WHEREAS, after conducting a good faith review of the available sources and pursuant to Milpitas Municipal Section I-2-3.06, the City’s Purchasing Agent has determined that Stryker is the only source for the LIFEPAK-15 V4 Cardiac Monitor/Defibrillators that meets the City’s requirements.
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2. The City Council hereby approves Stryker Sales Corporation as the sole source provider for the procurement of six (6) LIFEPAK -15 Cardiac Monitor/Defibrillators pursuant to Milpitas Municipal Code Section I-2-3.06 (Sole Source Procurement).
3. The City Council hereby approves the purchase of the equipment from Stryker Sales Corporation and authorizes the City Manager, or his designee, to execute the sole source purchase in the amount of $220,107.43.
PASSED AND ADOPTED this ______ day of ______________, 2022, by the following vote:
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Resolution No. ____
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Suzanne Guzzetta, Acting City Clerk Rich Tran, Mayor
APPROVED AS TO FORM:
Michael Mutalipassi, City Attorney
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Quote Summary
Delivery Address
End User - Shipping - Billing
Bill To Account
Name:
MILPITAS FIRE DEPT
Name:
MILPITAS FIRE DEPT
Name:
CITY OF MILPITAS
Account #:
1278014
Account #:
1278014
Account #:
1278013
Address:
777 S MAIN ST
Address:
777 S MAIN ST
Address:
455 E CALAVERAS BLVD
MILPITAS
MILPITAS
MILPITAS
California 95035-5322
California 95035-5322
California 95035-5411
Equipment Products:
#
Product
Description
Qty
Sell Price
Total
1.0 99577-001958
LIFEPAK 15 V4 Monitor/Defib - Manual & AED, Trending,
Noninvasive Pacing, SpO2, SpCO, NIBP, 12-Lead ECG,
EtCO2, Temp, BT. Incl at N/C: 2 pr QC Electrodes
(11996-000091) & 1 Test Load (21330-001365) per
device, 1 Svc Manual CD (26500-003612) per order
6 $34,661.30
$207,967.80
2.0 41577-000290
Ship Kit -QUIK-COMBO Therapy Cable; 2 rolls100mm
Paper; RC-4, Patient Cable, 4ft.; NIBP Hose, Coiled;
NIBP Cuff, Reusable, adult; 12-Lead ECG Cable, 4-Wire
Limb Leads, 5ft; 12-Lead ECG Cable, 6-Wire Precordial
attachment; Temperature Adapter Cable, 5ft
6 $0.00
$0.00
3.0 21330-001176
LP 15 Lithium-ion Battery 5.7 amp hrs
18 $449.65
$8,093.70
4.0 11141-000115
REDI-CHARGE Base (power cord not included)
6 $1,459.45
$8,756.70
5.0 11140-000015
AC power cord
6 $75.65
$453.90
6.0 11140-000052
LP15 REDI-CHARGE Adapter Tray
6 $198.05
$1,188.30
7.0 11171-000049
Masimo Rainbow DCI Adult Reusable Sp02, SpC0, SpMet
Sensor, 3 FT. For use with RC Patient Cable.
6 $582.25
$3,493.50
8.0 11171-000050
Masimo Rainbow DCIP Pediatric Reusable Sp02, SpC0,
SpMet Sensor, 3 FT. For use with RC Patient Cable.
6 $640.90
$3,845.40
9.0 11160-000011
NIBP Cuff-Reusable, Infant
6 $21.25
$127.50
10.0 11160-000013
NIBP Cuff-Reusable, Child
6 $23.80
$142.80
11.0 11160-000017
NIBP Cuff -Reusable, Large Adult
6 $33.15
$198.90
12.0 11160-000019
NIBP Cuff-Reusable, Adult X Large
6 $46.75
$280.50
13.0 11577-000002
LIFEPAK 15 Basic carry case w/right & left pouches;
shoulder strap (11577-000001) included at no additional charge when case ordered with a LIFEPAK 15 device
6 $306.85
$1,841.10
LP15 V1/V2 trade in
Quote Number:
10554308
Remit to:
Stryker Medical
P.O. Box 93308
Version:
1 Chicago, IL 60673-3308
Prepared For:
MILPITAS FIRE DEPT
Rep:
Antonella Bondi
Attn:
Email:
Phone Number:
Quote Date:
07/12/2022
Expiration Date:
09/30/2022
1 Stryker Medical - Accounts Receivable - [email protected] - PO BOX 93308 - Chicago, IL 60673-3308 217
Item # C9.
#
Product
Description
Qty
Sell Price
Total
14.0 11220-000028
LIFEPAK 15 Carry case top pouch
6 $55.25
$331.50
15.0 11260-000039
LIFEPAK 15 Carry case back pouch
6 $79.05
$474.30
16.0 11996-000359
Temperature Sensor, Skin Probe, High Dielectric,
Disposable (box of 20)
6 $132.60
$795.60
Equipment Total:
$237,991.50
Trade In Credit:
Product
Description
Qty
Credit Ea.
Total Credit
TR-15V1V2-LP15
TRADE-IN-STRYKER LP15V1/V2 TOWARDS PURCHASE OF
LIFEPAK 15
6 -$6,500.00
-$39,000.00
Price Totals:
Estimated Sales Tax (9.375%):
$18,655.45
Freight/Shipping:
$2,460.48
Grand Total:
$220,107.43
Comments/Terms/Signatures
Prices: In effect for 30 days
Terms: Net 30 Days
Contact your local Sales Representative for more information about our flexible payment options.
LP15 V1/V2 trade in
Quote Number:
10554308
Remit to:
Stryker Medical
P.O. Box 93308
Version:
1 Chicago, IL 60673-3308
Prepared For:
MILPITAS FIRE DEPT
Rep:
Antonella Bondi
Attn:
Email:
Phone Number:
Quote Date:
07/12/2022
Expiration Date:
09/30/2022
2 Stryker Medical - Accounts Receivable - [email protected] - PO BOX 93308 - Chicago, IL 60673-3308 218
Item # C9.
Capital Terms and Conditions:
Deal Consummation: This is a quote and not a commitment. This quote is subject to final credit, pricing, and documentation approval. Legal documentation must be signed before your equipment can be delivered. Documentation will be provided upon completion of our review process and your selection of a payment schedule. Confidentiality Notice: Recipient will not disclose to any third party the terms of this quote or any other information, including any pricing or discounts, offered to be provided by Stryker to Recipient in connection with this quote, without Stryker’s prior written approval, except as may be requested by law or by lawful order of any applicable government agency.
A copy of Stryker Medical's Acute Care capital terms and conditions can be found at https:// techweb.stryker.com/Terms_Conditions/index.html. A copy of Stryker Medical's Emergency Care capital terms and conditions can be found at https://www.strykeremergencycare.com/terms.
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CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Authorize the City Manager to Execute a Contract with Colliers Parrish International Contract for Real Estate Services (Staff Contact: Alex Andrade, Director of Economic Development, 408-586-3046)
Category: Consent Calendar-Community Development
Meeting Date: 10/4/2022
Recommendation: Authorize the City Manager to execute a contract with Colliers Parrish International for real estate services related to the disposition of property located at 1432- 1446 South Main Street, for a fee of four percent (4%) of the final gross sales price.
BACKGROUND:
At the September 28, 2021 Special City Council meeting, the City Council received a staff presentation on the guiding principles for the City-owned parcels located at 1432-1488 South Main Street. The City Council considered the possible development or disposition of the three parcels referred to as follows:
Parcel Address Ownership Entity
Parcel 1 1432-1446 South Main Street Milpitas Housing Authority Parcel 2 1452-1466 South Main Street City of Milpitas
Parcel 3 1474-1488 South Main Street City of Milpitas
The City Council made various statements in support of development and disposition of Parcel 1. City Councilmembers shared their interest in maximizing the value of the sale for future affordable housing opportunities, supporting homeownership and first-time buyers’ program, expansion of affordable housing inventory, options for Sunnyhills residents in the future, and more transparent and equitable community engagement. In addition, some City Councilmembers expressed an interest in a mix of rental and ownership opportunities, supporting a mix of uses including non-profit organizations, favoring economic development activities, and the use of American Rescue Plan Act (ARPA) funds to assist with the potential of tiered compensation.
On December 7, 2021, the City Council received a staff report and presentation on Parcel 1 and further evaluation of Parcels 2 and 3. After the City Council received an update on stakeholder and community input (Meeting #1: Developers and Nonprofit Organizations, Meeting #2: Tenants, Meeting #3: Community, and Meeting #4: Community), they directed staff to proceed with the sale of Parcel 1 at 1432-1446 South Main Street and to further evaluate Parcels 2 and 3 at 1452-1488 South Main Street after the adoption of the Metro Specific Plan. The direction also included an amendment to investigate relocation grants for the six remaining businesses, and one resident on Parcel 1, and vacant units on Parcel 2 and 3 with tiered relocation compensation based on the amount received from the sale of the property.
The purpose of this agenda item is to initiate the sale process of Parcel 1 through real estate brokerage services from Colliers Parrish International as directed by the City Council on December 7, 2021.
ANALYSIS:
The Milpitas Housing Authority (MHA) owns Parcel 1. This parcel was transferred to the MHA by the former Milpitas Redevelopment Agency as a housing asset. Therefore, Parcel 1 is subject to the requirements of the Dissolution Law applicable to housing assets (set forth in Health and Safety Code Sections 34176 and 34176.1) and the applicable provisions of Community Redevelopment Law. MHA must initiate activities that 235 Item # C10.
are consistent with the development of the property for housing that is affordable to lower income households prior to August 31, 2022, or sell the parcel and deposit the sales proceeds into the Low- and Moderate-Income Housing Asset Fund (LMIHAF), to be used for future development of affordable housing in Milpitas. Due to the disposition activities described below, Attorney Ethan Walsh (Best, Best & Krieger) previously communicated that because staff has initiated activities such as conducting a Phase II Environmental Site Assessment (ESA) Report, Asbestos and Lead-Based Paint Survey Report, and a formal appraisal of the property, the City will continue to be in good standing with the California Department of Housing and Community Development although the sale of Parcel 1 will take place after the August 31, 2022 date.
Environmental assessment of the site was conducted as due diligence and to ensure the public received transparent and up-to-date information on possible hazardous materials that may cause harm to humans and pets in the future. A Phase I ESA was conducted by Padre Associates and submitted to the City on September 8, 2021. The objective of the ESA was to determine whether current or previous land use(s) at or adjacent to Parcel 1 may have involved, or resulted in the use, storage, disposal, treatment, and/or release of hazardous substances to the environment.
The findings of the Phase I ESA identified recognized environmental conditions (RECs) such as the potential presence of asbestos-containing materials (ACMs) and lead-based paint (LBP) within existing building structures. In addition, soil, groundwater, and soil vapor contamination were identified in 2011 and again in 2021. Total petroleum hydrocarbons (TPH) identified as gasoline and trichloroethylene (TCE) were identified in soil, groundwater, and soil vapor beneath Parcel 1 and nearby. Therefore, Padre Associates recommended the completion of an updated Phase II ESA to evaluate the identified RECs and current project site conditions.
The City hired Padre Associates to conduct the Phase II ESA and the final Report was completed on July 21, 2022. Based on the findings of the Phase II ESA, Padre Associates concluded that Parcel 1 has not been significantly impacted from current or historic site operations, and therefore further assessment of the project site is not warranted at this time.
In addition, staff received the Parcel 1 Asbestos and Lead-Based Paint Survey Report on August 18, 2022.
Survey activities were conducted to identify potential asbestos in construction and building materials, as well as potential LBP surface coatings that may require special handling, disposal, or personal protective measures during planned removal and demolition activities on Parcel 1. The results of the survey indicated that eight (8) of the ninety-nine (99) bulk material samples contain asbestos at, or in excess of the laboratory reporting limits.
The results of the LBP survey indicated that three (3) of the five (5) paint chip samples contained concentrations of lead. All applicable state and federal rules and regulations should be followed to protect workers, community members, and the environment during deconstruction. Therefore, the future property owner should abate before demolition of all existing structures on Parcel 1.
On September 7, 2022, the City contracted with Associated Right of Way (AR/WS) to conduct appraisal services for Parcel 1. The aforementioned environmental site assessment documents have been shared with AR/WS, which will assist on development of the appraisal to determine the market value for proposed sale of Parcel 1. The appraisal will allow the City Council to consider the highest and best use and the most competitive fair market value prior to disposition. In addition, the appraisal will allow the City Council to be in the best position to negotiate and maximize the value of the sale for future affordable housing opportunities.
The appraisal process is expected to begin in a couple of weeks and completion is expected in Winter 2022/2023.
The next step in the disposition of Parcel 1 is to engage with Colliers Parrish International for real estate brokerage services. If approved by the City Council, Colliers Parrish International, will be responsible for marketing the site for sale, public bid process, closing of escrow, recordation of deed, and other standard real estate services. Colliers Parrish International has agreed to assist existing businesses and the residential tenant located on Parcel 1 with real estate services including providing alternative relocation options and other services that may help with relocation efforts.
As stated earlier, staff is anticipating the appraisal in the impending months and therefore the sale price is unknown at this time. Thus, staff recommends that the City Council proceed with a fee as a percentage of the sales price instead of the actual dollar amount as it is currently not available to commence the marketing of the 236 Item # C10.
site for sale. The price and terms of the actual sale will be considered at a future City Council Closed Session and the sale agreement will be discussed in an Open Session. At that time, staff will divulge the actual sale price. If approved by the City Council, staff will proceed with a contingent fee contract with a stated percentage of final sales price and without the not to exceed amount. The commission due to Colliers Parrish International would be four percent (4%) of the gross sales price of the interest to be transferred (Attachment A).
Next steps include:
Appraisal services completed – Winter 2022/2023
Market property for a public bid process – Early 2023 (or immediately after appraisal is completed) City Council Closed Session for consideration of Price and Terms including any assistance for tenants, if needed – Early 2023
City Council approval of the sale – Spring 2023
FISCAL IMPACT:
The sale price is unknown at this current time, and therefore staff recommends proceeding with a fee as a percentage of the future sales price to commence the process of marketing Parcel 1 for disposition. A contingent fee contract with a stated four percent (4%) of the gross sales price and without the not to exceed amount, is recommended, as the sales price is unknown at this time.
The price and terms of the actual sale will be considered at a future City Council Closed Session and the sale agreement will be discussed in an Open Session.
CALFORINIA ENVIRONMENTAL QUALITY ACT (CEQA):
The action being considered has no potential for causing a significant effect on the environment and is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), because staff is seeking general direction on real estate services related to the disposition of property located at 1432-1446 South Main Street and is not considering a specific project at this time.
RECOMMENDATION:
Authorize the City Manager to execute a contract with Colliers Parrish International for real estate services related to the disposition of property located at 1432-1446 South Main Street, for a fee of four percent (4%) of the final gross sales price.
ATTACHMENT(s):
Attachment A: Colliers Parrish International Exclusive Authorization to Sell
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EXCLUSIVE AUTHORIZATION TO SELL
Pursuant to this Exclusive Authorization to Sell and Lease (“Agreement”), the undersigned City of Milpitas (“Client”) hereby irrevocably grants to COLLIERS PARRISH INTERNATIONAL, INC. (“Broker”), and its authorized agents, the exclusive right to negotiate a sale of that certain real property hereinafter described (“Property). The exclusive agency hereby created (“Agency”) shall be for a period commencing on October 5, 2022 ('start date") and ending at midnight on December 31, 2023 ("end date") (“Initial Agency Period”).
A. PROPERTY
The Property is located at 1432-1446 South Main Street , in the City of Milpitas, County of Santa Clara, State of California and further described as Parcel #1.
B. PRICE AND TERMS
The price and terms for a sale of the Property shall be negotiated by Client and the prospective purchaser of the Property with the assistance of Broker.
C. EXTENSION OF INITIAL AGENCY PERIOD
The Agency shall continue automatically for thirty (30) days from and after the end date of the Initial Agency Period and the reafter be extended again for additional thirty (30) day increments until the Agency is expressly revoked by Cli ent in writing OR on the one year anniversary of the originally established end date, whichever occurs first. Client agrees to provide thirty (30) days ’ notice to Broker before such express revocation shall be effective. The Agency can be extended beyond the one year anniversary date by the Client's written notice to Broker that Client agrees to extend the Agency to a new date certain. In this Agreement, "Agency Period" shall refer to the period of time from the start date to the end of the last extension of the Agency.
D. COMMISSION SCHEDULE AND PAYMENT
In consideration of this Authorization and Broker’s agreement to diligently pursue the procurement of a purchaser and/or tena nt(s) for the Property, Client hereby agrees to pay commissions to Broker, as follows:
1. SALES, EXCHANGES AND OTHER TRANSFERS: The parties agree that the commission due to Broker under this Agreement shall be four percent (4%) of the gross sales price of the interest to be transferred. A commission that has been earned by Broker shall be payable in accordance with the following provisions:
1.1 For sales or exchanges: (a) if such transaction is closed through an escrow, upon the closing of said escrow; (b) if such tra nsaction is closed without an escrow, upon the earlier of (i) recordation of a deed; or (ii) delivery of a deed or other instrument of conveyance.
1.2 For a contract or agreement of sale, joint venture agreement, business opportunity or other transaction not involving the del ivery of a deed, upon the mutual execution of the agreement evidencing the transaction.
2. OBLIGATION TO PAY COMMISSION
2.1 During the Agency Period. Client shall pay the commission to Broker according to the terms of this Agreement if, during the Agency Period either (a) the Property or any interest therein is sold by Client, whether or not through the efforts of Broker; or (b) qualified purchaser is procured by or through Broker, Client or any other person or entity (including another real estate broker) and said purcha ser is ready, willing and able to purchase the Property or any interest therein, including but not limited to the granting of an option or right of fir st refusal, on the terms stated above or other terms acceptable to Client; or (c) any contract for the sale of the Property or any interest therein is made directly or indirectly with Client.
2.2 After the Agency Period. During the one (1) year period following the final expiration of the Agency Period, Broker shall have earned and Client shall pay the commission to Broker on any transaction that would otherwise qualify for a commission under 2.1 above, where the transaction involves specifically identified parties based on activity during the Agency Period. "Identified Parties" shall m ean persons or entities identified on a list to be provided by Broker no later than thirty (30) days after final expiration of the Agency Period.
E. CLIENT COOPERATION
Broker agrees to use all reasonable efforts to find a purchaser for the Property, and Client agrees to cooperate with Broker in causing a sale of the Property to occur. Client shall immediately refer to Broker all inquiries of any party interested in purchasing the Property, a portion thereof or an interest 238
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therein and Broker shall diligently pursue all such referrals. All negotiations regarding the sale of the Property shall be pursued through Broker or with Broker’s knowledge as to the terms and parties . Client hereby authorizes Broker to accept a deposit from any prospective purchaser and to transfer such deposit to an escrow agent for the account of the purchaser in the case of a Sale of the Property. If a sale transactio n is not consummated, any deposits or payments, including payments for options, liquidated damages and other amounts retained by Client, shall be equally divided between Client and Broker, except that Broker's portion thereof shall not exceed the amount of the commission that would ot herwise have been payable upon the consummation of such transaction pursuant to the terms of this Agreement. All written offers received by Broker for the purchase of the Property shall be promptly reviewed and responded to by Client and Broker. Client f urther authorizes Broker to advertise the Property, and Broker shall have the exclusive right to place a sign or signs on the Property if, in Broker’s opinion, the placement of such signs would facil itate the sale thereof.
F. COOPERATING BROKERS
Client acknowledges that Broker is entitled and encouraged to solicit the cooperation of other real estate brokers. However, Broker may not enter into any commission arrangements with other brokers that would be inconsistent with the terms of this Agreement or which would increase the total amount of Client’s liability hereunder, and Client’s sole liability for commissions shall be as provided in this Agreement. Broker has no responsibility to pay a fee or commission to a cooperating broker, unless and until Client has paid the fee or commission to Broker.
G. NONDISCRIMINATION
Both Client and Broker hereby acknowledge their understanding that it is illegal to refuse to present or sell real property to any person because of race, color, religion, national origin, sex, marital status, age or physical disability.
H. CLIENT REPRESENTATIONS
Except as may be provided in an addendum to this agreement signed by both Client and Broker, Client hereby warrants and represents to Broker that (1) Client is the owner of record of the Property or has the legal authority to execute this Agreement on behalf of such owner of record, (2) no person or entity has any right to purchase or sell the Property or any portion thereof by virtue of any agreement, option or right of first refusal, (3) there are no delinquencies or defaults under any deed of trust, mortgage or other encumbrance of the Property, (4) the Property is not sub ject to the jurisdiction of any court in any bankruptcy, insolvency, conservatorship or probate proceeding, and (5) neither Broker nor any salesperson affiliated with Broker has made any promises or representations to or agreements with Client not contained herein on the subject matter of this Agreement.
I. DISCLOSURES, EXPERT MATTERS, RESPONSIBILITIES OF CLIENT AND BROKER, AND THIRD-PARTY INFORMATION
1. DISCLOSURES: Owners of real estate must comply with California law for the disclosure of any and all known material facts concerning their property to prospective buyers as well as any other items required by California law. To meet this requirement, Broker recommends that Owners of real estate obtain legal advice from a qualified legal professional. Broker shall have no responsibility for property disclosures beyond the delivery and/or disclosure of information provided by the Owner or known to the Broker. Parties to a sale transaction should not and will not rely on Broker with regard to matters of disclosure required by Owners, but i nstead will rely entirely on their own investigation and that of qualified professionals and experts.
Matters requiring disclosure may include, but are not limited to, the following: Natural Hazard Disclosures (including whether or not the property is located in a flood hazard area, fire hazard severity zone, forest fire risk area, earthquake fault zone, or a seismic hazard zone), toxic mold disclosures, known material defects, presence or proximity to hazardous materials, c ompliance with the Americans with Disabilities Act (ADA), compliance with zoning laws, whether or not the property is located in a special tax zone (such as a Mello-Roos Community Facilities District) or a special assessment district, as well as historic energy use and the existence and results of Certified Access Specialist (CASp) inspections.
2. DEFENSE, INDEMNITY AND HOLD HARMLESS
2.1 Broker: To the fullest extent permitted by law, Broker shall defend (with counsel reasonably approved by Client’s, unless Broker’s insurance requires the use of panel counsel)), indemnify and hold the Client, 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 ki nd, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any active negligence or willful misconduct of Broker, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Broker’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Broker’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Broker, the Client, its officials, officers, employees, agents, or volunteers.
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2.2 Limitation of Liability: Neither party shall be liable to the other for, and each party hereby waives any and all rights to claim against the other, any special, indirect, incidental, consequential, punitive or exemplary damages in connection with this Agreement, including, but not limited to, lost profits, even if the party has knowledge of the possibility of such damages in any amount in excess of the fees paid or payable to Broker in connection with such transaction.
3. EXPERT MATTERS
3.1 There are a number of potentially significant matters related to commercial properties, which may be material to a particular transaction, the evaluation of which would require specialized expertise which is beyond the expertise and/or responsibility of the Broker (“Expert Matters”). Broker recommends that parties to a potential sale transaction obtain the advice of qualified professionals and e xperts prior to the consummation of any transaction. Parties to a sale transaction should not and will not rely on Broker with regard to Expert Matter s, but instead will rely entirely on their own investigation and those of qualified professionals and experts.
3.2 Expert Matters may include, but are not limited to, the following: the use, generation, storage or presence of hazardous or toxic substances and underground storage tanks; natural hazards, such as fire, flood, or earthquake; building safety and structural integrity of roof, walls, and foundations or any improvements located on the Property; operation or condition of mechanical, plumbing, utility or life safety systems; “clean rooms” (including, but not limited to, classification, operation and/or condition); mold, fungus, water damage, or effects of moisture; compliance with Americans with Disabilities Act (ADA); compliance with building, zoning and fire codes; tax, accoun ting, or legal effects or consequences of the proposed transaction; survey, linear or area measurement s of the Property; availability and/or adequacy of utilities and utility connections and panels, adequacy, availability and condition of sewer lines and/or connections, public transportation, or other infrastructure; zoning and permitted la nd uses; insurance policies and premiums; architectural design or engineering; geotechnical/soil condition; termites or other pests or rodents; condition of title; or existing taxes, assessments or liens.
3.3 Broker has no responsibility to, has not made and will not make an independent investigation or determination with respect to any Expert Matters. Any information communicated by Broker regarding any of the Expert Matters arises from third party sources a nd has not been and will not be independently verified by Broker.
4. Any provision of third party information or related material provided to Client by Broker is for general informational purpos es only. Any information furnished by Broker is not intended to be tax, legal, investment or transaction advic e. Broker makes no guarantees, representations or warranties of any kind, express or implied regarding the accuracy, authenticity, completeness, legality, or reliability of any third party information, and Broker has not made, will not make, and hereby dis claims, any warranty or representation with respect to the prospective property, owner, or buyer. Client and any other interested party should undertake their own inquiries as to the accuracy of information, and acknowledges and agrees that Broker shall no t be liable for any errors, omissions or inaccuracies of any information provided. Client and its counsel will be responsible for determining the legal sufficiency of a sale agreement and other documents relating to any transaction contemplated by this Agreement.
5. All of the provisions of this Section (K) shall survive the expiration or earlier termination of this Agreement .
J. DUAL AGENCY
Client authorizes Broker to appoint Mark Zamudio and Blake Zamudio to act as Client’s listing agent(s) (the “Listing Agent(s)”). It is understood and agreed that this Agreement creates an agency relationship with Listing Agent(s) and Broker only, not with any other salespersons or brokers employed by or associated with Broker; provided, Client authorizes Broker to appoint other salespersons or brokers employed by or associated with Client as subagents to act on behalf as and when needed, at Client’s sole discretion. Any broker or salesperson other than Listing Agent(s) will not be representing Client and may represent the purchaser. Accordingly, for purposes of this Agreement, " Broker" means Listing Agent(s), including any subagents, and Listing Agent's Broker, Designated Broker or Branch Manager, unless expressly stated otherwise. Client agrees that if all or any portion of the Property is sold to a purchaser represented by one of Broker’s salespersons or brokers other than the Listing Agent(s), then Client consents to Broker acting as a dual agent. Client further agrees that if the Property is sold to a purchaser who Listing Agent(s) also represents, then Client consents to Listing Agent(s) and Broker acting as dual agents. Owner understands and agrees that different salespersons or brokers employed by or associated with Broker may represent different owner s in competing transactions involving the same purchaser. Client hereby consents to such representation and agrees that it shall not be considered action by Broker that is adverse or detrimental to the interests of either owner, nor shall it be considered a conflict of interest on the part of Broker. If Broker acts as a dual agent, then Broker shall be entitled to the entire commission payable under this Agreement plus any additional compensation Broker may have negotiated with the purchaser. Acceptance of referral fees between salespersons or brokers employed by or associated with Broker will not be considered an action that is adverse or detrimental on the part of the salespersons or brokers employed by or associated with Broker or Broker, nor shall it be considered a conflict of interest by the salespersons, brokers, or Broker.
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Client acknowledges receipt to the Disclosure Regarding Real Estate Agency Relationship. If applicable, Client acknowledges receipt of the pamphlet entitled "The Law of Real Estate Agency" and/or any such required materials of the State of California
K. DISPUTE RESOLUTION
Any disputes between the Client and Broker (collectively “Parties”) arising from this Agreement or the real estate transactio n contemplated in it shall be resolved as follows:
1. DIRECT DISCUSSIONS AND MEDIATION: Client and Broker shall first try to resolve disputes through direct discussions involving people and representatives with decision-making authority. In the event of delays, failure to participate, or either party’s belief that direct discussions will not be successful, the Parties shall proceed with mediation. Any disputes between Client and Broker not resolved through such direct discussions shall be submitted to mediation using the mediators and procedures of JAMS, with such mediation taking place at the San Jose, California offices of JAMS unless the Parties agree otherwise in writing; the Parties shall share equally the costs of such m ediation charged by JAMS. The Parties shall s elect the mediator within fifteen (15) days of the request for mediation; if they are unable to reach agreement on the selection of a mediator, JAMS shall appoint one not later than thirty (30) days from the request for mediation. Any mediation pursuant to this Agreement shall be completed within sixty (60) days of the selection of a mediator, unless the Parties agree otherwise in writing.
Participation in mediation as provided herein is a condition precedent to any form of binding dispute resolution. Notwithstanding the forgoing, the Parties are not required to mediate disputes that are within the jurisdiction of the Small Claims Court of the State of C alifornia.
L. GENERAL PROVISIONS
1. BINDING ON SUCCESSORS: The parties intend for and agree that the ir respective successors, assigns, heirs and transferees shall be bound by this Agreement.
2. AMENDMENTS AND MODIFICATION: No amendments to or modifications of this Agreement nor the termination of this Agreement shall be valid or binding unless made in writing and signed by both Client and Broker. Any purported amendment, modification or termination of this Agreement that is oral, or that is in writing but not signed by both Client and Broker, shall be void and of no effect whatso ever.
3. ATTORNEYS’ FEES, COSTS AND INTEREST: Subject to Article K of this Agreement, if any claim or controversy arises concerning the performance or interpretation of this Agreement, the prevailing party shall be entitled to attorney’s fees, court costs, expert witness f ees and/or other expenses relating to said claim or controversy, through appeal, if any. For the purposes of this Agreement, “prevailing party” shall mean the party that received substantially the relief requested, whether by settlement, dismissal, summary judgment, arbitration, judg ment or otherwise.
4. ENTIRE AGREEMENT OF PARTIES: This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the Property. Both parties to this Agreement acknowledge that no representations, inducements, promises , or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, that are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding.
5. PARTIAL INVALIDITY: If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired or invalidated in any way.
6. GOVERNING LAW: This Agreement will be governed by and construed in accordance with the laws of the State of California. In the event of any legal action, jurisdiction and venue shall be in the Superior Court of the State of California, for the County in which the Property is located.
7. NOTICES: Notices under this Agreement shall be provided in writing to the other party by regular U.S. mail, by facsimile, or by e -mail, addressed to the last known postal address, facsimile number, or e-mail address of the party.
8. TIME: The parties agree that time is of the essence with regard to the matters provided for in this Agreement.
M. OTHER TERMS AND CONDITIONS
1. Insurance. Broker shall not commence work for the Client until it has provided evidence satisfactory to the Client it has secured all insurance required under Exhibit A (Insurance Requirements), attached hereto and incorporated herein by this reference. In addition, Broker shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required therein.
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2. Wage Theft Provision.
a. Broker, and any subconsultant it employs to complete work under this Agreement, shall comply with all applicable federal, state and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code and the Milpitas Minimum Wage Ordinance.
b. BY SIGNING THIS AGREEMENT, BROKER AFFIRMS THAT IT HAS DISCLOSED ANY FINAL JUDGMENTS,
DECISIONS OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY, FINDING IN TH E FIVE (5) YEARS PRIOR TO EXECUTING THIS AGREEMENT THAT BROKER OR ITS SUBCONSULTANTS HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. BROKER 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, BROKER 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 A ND
THAT BROKER OR ITS SUBCONSULTANT(S) ARE IN COMPLIANCE WITH SAID PLAN AS OF THE DATE OF EXECUTING THIS AGREEMENT.
c. If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision or order fin ding that Broker or a subconsultant it employs to perform work under this Agreement has violated any applicable wage and hour law, or Broker learns of such a judgment, decision, or order that was not previously disclosed in its bid/proposal, Broker shall i nform the Client 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. Broker or its subconsultant(s) shall, within thirty (30) calendar days after notifying the Client, either (i) fully satisfy any such judgment, decision, or order and provide the Client with documentary evidence of satisfying said judgment, decision or order; or (ii) provide the Client documentary evidence of a payment or other alt ernative plan approved by the court/government agency to satisfy the judgment, decision or order. If the Broker or its subconsultant is subject to a payment or other alternative plan, the Broker or its subconsultant shall continue to submit documentary evidence every thirty (30) calendar days during the term of the Agreement demonstrating continued compliance with the plan until the judgment, decision or order has been fully satisfied.
d. For purposes of this Section, a "final judgment, decision, or order" re fers 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 Client, o r 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 Client 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.
3. Existing Tenant Assistance.
Broker, and any subconsultant it employs to complete work under this Agreement, shall assist existing businesses and residential tenant with real estate services including providing alternative relocation options and other services that may help with relocation efforts.
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The undersigned Client has read and understood and hereby agrees to be bound by the foregoing.
BROKER:
Colliers Parrish International, Inc., dba Colliers International
By:
Mark Zamudio Date
California Department of Real Estate License No. 00612338
Its: Executive Vice President
E-Mail: [email protected]
Direct: (408) 282-3822 Mobile: (408) 391-7423
E-Fax: [email protected]
Address: 225 West Santa Clara Street, 10th Floor, Suite 1000 San Jose, California 95113
Phone: (408) 282-3800 Fax: (408) 292-8100
CLIENT:
City of Milpitas
By:
Michael Mutalipassi, City Attorney Date
Its: City Attorney
E-Mail: [email protected]
Direct: (408) 586-3041
By:
Steven G. McHarris, City Manager Date
Its: City Manager
E-Mail: [email protected]
Direct: (408) 586-3059
Address: 455 East Calaveras Boulevard
Milpitas, California 95035
MANAGING DIRECTOR:
By:
Steffen Kammerer Date
California Department of Real Estate License No. 01891670
Its: Executive Managing Director
E-Mail: [email protected]
Direct: (408) 282-3801 Mobile: (650) 862-4364
E-Fax: [email protected]
Address: 225 West Santa Clara Street, 10th Floor, Suite 1000 San Jose, California 95113
Phone: (408) 282-3800 Fax: (408) 292-8100
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CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Accept Funding from the Association of Bay Area Governments (ABAG) for the Management of the Regional Early Impact Planning (REAP) Grant (Staff Contact: Alex Andrade, Economic Development Director, 408-586-3046 Robert Musallam, Housing and Neighborhood Services Administrator, 408-586-3275) Category: Consent Calendar-Community Development
Meeting Date: 10/4/2022
Recommendation: Authorize the City Manager to accept grant funding from the Association of Bay Area Governments (ABAG) for the Management of the Regional Early Impact Planning (REAP) Grant and approve related budget amendments for revenue in the amount of $142,718 ($62,823 for FY21-22 and $79,895 for FY22-23).
Background:
The Association of Bay Area Governments (ABAG) and the Metropolitan Transportation Commission (MTC) are jointly responsible for regional planning of the Bay Area, which includes nine counties and 101 cities and jurisdictions. As a council of government, ABAG is eligible for the Department of Housing and Community Development’s Regional Early Impact Planning Grant Program (REAP). In response to the state’s housing crisis, REAP was created to accelerate housing production and facilitate compliance in implementing the sixth cycle of the Housing Element and Regional Housing Needs Allocation (RHNA). In late 2021, the City of Milpitas applied for a suballocation of the Regional Early Impact Planning (REAP) grant through ABAG.
The City of Milpitas requested REAP funds for three purposes (Attachment 1). First, to procure a consultant to create an Assessment of Fair Housing (AFH) in preparation for the draft Housing Element. The assessment will consist of community engagement, racially disaggregated data analysis and mapping, collection and analysis of supplemental local data, analysis of contributing factors, development of goals and strategies, production of the AFH report, document translation services, and consultant travel. Second, to partially fund a full-service housing element consultant to manage the project. The consultant, Raimi and Associates is currently reviewing previous Housing Element and related documents, conducting robust and meaningful community engagement, synthesizing stakeholder input, assessing housing needs and constraints, completing a sites inventory analysis per California Department of Housing and Community Development (HCD) guidelines, and identifying goals, policies, and programs with measurable objectives. Additionally, Raimi and Associates has presented at public hearings, coordinated administrative draft reviews with HCD, and will soon prepare all CEQA documentation. Third, to explore possible redevelopment options for the Great Mall site, as part of the work related to the Housing Element. On July 22, 2022, ABAG announced a suballocation award of one-hundred forty-two thousand seven-hundred eighteen dollars ($142,718) of REAP funding to the City of Milpitas.
Analysis:
REAP funds must be spent to support planning activities that accelerate housing production or facilitate compliance in implementing the sixth cycle of the Housing Element and RHNA. Funds may not be spent to support RHNA appeals or the development of specific housing projects.
In accordance with the REAP grant’s eligible activities, the funds will be allocated for the following activities:
Activities for preparation of the Assessment of Fair Housing 245
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Housing Element workplan and schedule
Community engagement strategy
Housing and special housing needs review
Housing constraints analysis
Sites inventory
Housing Element goals, policies, and programs
Evaluation of possible redevelopment options for the Great Mall (as part of the work related to the Housing Element)
The City has contracted with Raimi and Associates to support the City in accomplishing the activities listed above. In coordination with ABAG and Raimi and Associates, the City will be on track to complete its Housing Element by early 2023. The REAP grant covers a portion of the contract with Raimi & Associates to prepare the Housing Element and covers the contract with the Lawyers’ Committee for Civil Rights Under Law to prepare the Fair Housing Assessment, which is a required component of the Housing Element. ABAG will reimburse the City for all expenses deemed reasonable and necessary. The City of Milpitas is required to submit invoices for Fiscal Year 2021-22 Quarters 2-4 and Fiscal Year 2022-23 Quarter 1.
Fiscal Impact:
The City received grant funding for the Housing Element and the balance of this professional services contract would be funded from the Affordable Housing Fund 216. The City applied to the Association of Bay Area Governments (ABAG) for Regional Housing Technical Assistance (REAP) non-competitive and competitive grant funding to help fund the development of the Housing Element and Assessment of Fair Housing. ABAG awarded the City a total of $142,718. Out of this total amount, $114,378 was awarded for work on the Housing Element and the majority of this work has been completed. The remaining $28,340 will be used to evaluate potential redevelopment options for the Great Mall site, as part of the work related to the Housing Element. In FY21-22, $62,823 was already recognized from the award due to performance of Housing Element professional services. In FY22-23, the remainder $79,895 will be recognized in the grant revenue.
The Housing Element professional services cost is $431,710 with $114,378 to be reimbursed using REAP grant funds, the remaining balance of $317,332 will come from the City’s Affordable Housing Fund 216. The fiscal impact is a $317,332 reduction to the fund balance. If future amendments to the professional services agreement are needed and Council authorizes the City Manager to execute the amendments for an amount up to $50,000, the fiscal impact would be a maximum of $50,000 reduction to the fund balance at the time of the amendments.
California Environmental Quality Act:
The actions being considered 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, this action does not meet the definition of a project under CEQA Guideline 15378 as it is a government fiscal activity which does not commit to any project that would result in a potentially significant impact on the environment.
Recommendations:
Authorize the City Manager to accept grant funding from the Association of Bay Area Governments (ABAG) for the Management of the Regional Early Impact Planning (REAP) Grant and approve related budget amendments for revenue in the amount of $142,718 ($62,823 for FY21-22 and $79,895 for FY22-23).
Attachment:
1. Draft Suballocation Agreement
2. Budget Change Form (BCF)
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August 1, 2022
Steve McHarris
City Manager
City of Milpitas
455 East Calaveras Blvd.
Milpitas, CA 95035
RE: REGIONAL EARLY ACTION PLANNING (REAP) GRANT SUBALLOCATION
AGREEMENT, CITY OF MILPITAS
Dear Mr. McHarris,
This letter, effective as of August 1, 2022, (“Effective Date”) is the agreement between City of Milpitas (“Recipient”) and the Association of Bay Area Governments (“ABAG”) to support the performance of community engagement, analysis, plan writing, and presentations at public hearings relating to the preparation of an Assessment of Fair Housing, preparation of the City’s cycle six Housing Element, and possible redevelopment options for the Great Mall (“the Agreement”).
WHEREAS, ABAG has received grant funds awarded by the State of California Department of Housing and Community Development (“HCD”) Grant Agreement No. 19- REAP-13915 (“REAP Grant Agreement”), attached hereto and incorporated herein by this reference as Attachment B, pursuant to the Notice of Funding Availability – REAP (“REAP NOFA”), attached hereto and incorporated herein by this reference as Attachment C. Accordingly, any applicable clauses in Attachments B and C are hereby imposed upon Recipient; and
WHEREAS, ABAG has obtained funds from the California Department of Housing and Community Development (“HCD”), the state-required clauses in Attachment D, State- Required Clauses, are attached hereto and incorporated herein; and WHEREAS, ABAG has suballocated REAP funding to support the Project.
Pursuant to Article 4 below, Recipient has opted to receive the funds directly to administer a contract to complete the Project. Payments will be made directly to the Recipient based on the conditions in Article 4.
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1. It is agreed that Recipient either has or will perform all the services specified in Attachment A- 1, Scope of Work, according to the schedule in Attachment A-2, Project Payment Schedule, both attached hereto and incorporated herein by this reference, and in compliance with the requirements of all other attachments to this Agreement, which are also incorporated herein by this reference.
2. Work will be reviewed by Heather Peters or a designated representative (herein “ABAG Project Manager”) for compliance with the terms of this agreement including the terms of Attachments B and C hereto. Eligible activities must be related to housing planning and facilitate the streamlining and acceleration of housing production. Ineligible activities include:
a) RHNA appeals;
b) Activities unrelated to accelerating housing production; c) Activities unrelated to preparation and adoption of planning documents, and process improvements to accelerate housing production;
d) Activities that obstruct or hinder housing production, e.g., moratoriums, downzoning, planning documents with conditional use permits that significantly impact approval certainty and timing, planned development, or other similarly constraining processes; e) Capital financing, operation or funding related to programs of individual housing development projects; and
f) Administrative costs of persons employed by the grantee for activities not directly related to the preparation and adoption of the proposed Activity or Activities.
3. ABAG has developed a project management platform with City Innovate, Inc. (City Innovate) to assist in the procurement, contracting, and invoicing process. The Terms & Conditions of use for the City Innovate platform are attached hereto and incorporated as Attachment F-1 and the Software as a Service Agreement by City Innovate and ABAG dated April 15, 2021, is attached hereto and incorporated as Attachment F-2. Accordingly, Recipient shall comply with any and all applicable clauses in Attachment F-1 and Attachment F-2.
4. ABAG has suballocated one-hundred forty two thousand seven-hundred eighteen dollars and zero cents ($142,718) (“Maximum Payment”), which Recipient has elected to receive directly.
Expenses shall not exceed the Maximum Payment. Recipient will be compensated for the work in accordance with Attachment A-2. ABAG shall make payments to Recipient in accordance with the provisions described in Attachment A-2. Contingent upon Recipient’s satisfactory completion of work products or milestones, as applicable, required under Attachment A-1, Recipient shall submit invoices to ABAG for reimbursement of that portion of the funds available to Recipient that have been expended 249
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or are due to third parties. These invoices will refer to the deliverables listed in Attachment A-2 to allow for expenditure tracking at the task level. Invoices shall be provided no more frequently than prescribed by ABAG in Attachment A-2. In addition, all supporting documentation must accompany expenditures included on Recipient invoices. Payment shall be made by ABAG within thirty (30) days of receipt of an acceptable invoice, which shall be subject to the review and approval of ABAG’s Project Manager or a designated representative. Recipient should submit invoices electronically via email to ABAG at [email protected] or as directed by the ABAG Project Manager.
5. To the extent requested by the ABAG Project Manager, Recipient, or consultant procured by ABAG on behalf of Recipient (if any), shall submit communications and progress reports no more frequently than quarterly and required documentation, including but not limited to invoices, requests for agreement modifications, and information on payments received and made to subrecipients, subrecipient utilization, and if applicable, certified payrolls, to the ABAG Project Manager or their designee via one or more web-based systems designated by ABAG to which ABAG will provide Recipient with system access. ABAG may withhold payment of invoices and/or require consultant procured by ABAG on behalf of Recipient to cease or suspend work pending receipt of such communications, progress reports and required documentation via the applicable web-based system.
6. Recipient acknowledges that a goal of ABAG’s Regional Housing Technical Assistance Program is to share work product funded in whole or in part by REAP widely to achieve economies of scale and to avoid inefficient duplication of effort. To further this goal, Recipient shall provide a copy of the final work product described in Attachment A-1 to ABAG via email to [email protected] within 10 days of completion. If completion of a task contained in Attachment A-1 does not result in the production of a document, then Recipient shall submit a short summary of the work completed to the reasonable satisfaction of ABAG, including lessons learned, to MTC/ABAG via email to [email protected] within 10 days of completion.
Additionally, Recipient acknowledges that all work product created pursuant to this Agreement is subject to the joint ownership requirements of Section 12, State-Owned Data, of Exhibit D, REAP Terms and Conditions, of Attachment B, REAP Grant Agreement, as work product is defined therein, and Recipient shall take all necessary actions to comply and have its subcontractors and/or subconsultants comply with such requirements.
7 All work product described in Attachment A-1 shall comply with federal accessibility requirements, as specified in Section 508 of the Rehabilitation Act (29 U.S.C. § 798 SECTION 508”).
Compliance encompasses both website structure (design, layout, function), and website content (text, 250
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images, documents).
8. Recipient acknowledges that a goal of ABAG’s Regional Housing Technical Assistance Program is to facilitate statewide, regional, and subregional collaboration on housing planning. To further this goal, at all times through the term of this Agreement, Recipient shall designate at least one person who is currently responsible for providing housing planning services to it to receive communications from ABAG, HCD and subregional Planning Collaboratives and their representatives regarding available technical assistance at the state, regional and subregional levels. Recipient designates the following person(s) to receive these communications and shall notify ABAG via email at [email protected] of a replacement designee in the event of a change in personnel within 10 days:
Hanson Hom
Senior Special Projects Associate
[email protected]
510-570-9538
9. The term of the Agreement shall begin on the Effective Date and conclude on December 31, 2023, unless ABAG terminates this Agreement earlier as provided below.
10. If Recipient fails to perform as specified in the Agreement, or if HCD terminates REAP funding to ABAG due to failure of the California Legislature to appropriate sufficient funds for the REAP program, ABAG may terminate the Agreement for cause by advance 10-day written notice, providing Recipient with the opportunity to cure the default or present an acceptable plan for cure within the 10-day period. At the end of the 10-day period, if the default has not been cured or an acceptable plan of cure presented, ABAG may issue a notice of termination for default, effective immediately, and Recipient will be entitled only to costs incurred for acceptable work performed in accordance with the Agreement, not to exceed the maximum amount payable under the Agreement for such work.
11. Recipient agrees to require any consultant contracted to perform work related to the completion of the Scope of Work after the effective date of this Agreement to name the ABAG Indemnified Parties (as defined in Paragraph 14 below) and California Department of Housing and Community Development (HCD) as additional insureds in the same manner as Recipient in any agreement that requires the consultant to obtain and maintain insurance and to name Recipient as an additional insured.
Upon request by ABAG, Recipient shall deliver to ABAG insurance documentation (including 251
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Certificates of Liability Insurance, Evidences of Property Insurance, endorsements, etc.) verifying the coverages. Such evidence of insurance shall make reference to all provisions and endorsements as required by the agreement between Recipient and consultant and shall be signed by the authorized representative of the Insurance Company shown on the insurance documentation. The Project name shall be clearly stated on the face of each Certificate of Liability Insurance and/or Evidence of Property Insurance. ABAG reserves the right to require copies of all required policy declarations pages or insurance policies, including endorsements, required by these specifications, at any time.
CONSULTANT shall submit certificates of insurance to:
Association of Bay Area Governments
Insurance Compliance
P.O. Box 100085-M8
Duluth, GA 30096
or
Email: [email protected]
or
Fax: 1-888-617-2309
ABAG reserves the right to require copies of all required policy declarations pages or insurance policies, including endorsements, required by these specifications, at any time.
12. Except for invoices and any communications required to be submitted by Recipient via web- based system, all notices or other communications to either party by the other shall be deemed given when made in writing and delivered, mailed, or emailed to such party at their respective addresses as follows:
To ABAG: Attention: Heather Peters
Association of Bay Area Governments
375 Beale Street, Suite 700
San Francisco, CA 94105
Email: [email protected]
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To RECIPIENT: Attention: Steve McHarris
City Manager
City of Milpitas
455 East Calaveras Blvd.
Milpitas, CA 95035
Email: [email protected]
13. In performing work under the Agreement, Recipient will be acting as an independent contractor and not as an agent or employee of ABAG. Recipient will have no authority to contract in the name of ABAG, and Recipient will be responsible for its own acts and those of its agents and employees.
14. Recipient shall indemnify, defend, and hold harmless ABAG, MTC, and their respective board members, representatives, agents and employees (“ABAG Indemnified Parties”) from and against all claims, injury, suits, demands, liability, losses, damages and expenses, whether direct or indirect (including any and all costs and expenses in connection therewith), incurred by reason of any act or failure to act of Recipient, its officers, employees or agents, or subconsultants or any of them in connection with this Agreement.
15. Recipient agrees to establish and maintain an accounting system conforming to generally accepted accounting principles (GAAP) that is adequate to accumulate and segregate reasonable, allowable, and allocable project costs. Recipient further agrees to keep all records pertaining to the Project(s) being funded for audit purposes for a minimum of: (a) three (3) years following final payment to Recipient, (b) four (4) years following the fiscal year of last expenditure under the Agreement; or (c) until completion of any litigation, claim or audit, whichever is longest; and ABAG may inspect and audit such records during that period of time.
16. Any claim or controversy concerning the interpretation, application, or implementation of this Agreement between ABAG and Recipient that cannot be resolved through the informal, good faith efforts of the parties may, by specific agreement of the parties, be submitted to alternative dispute resolution (that is, mediation or arbitration) with the parameters for such dispute resolution being agreed to by the parties at the time. If a dispute is not resolved through discussion or the parties do not agree to alternative dispute resolution, either party may pursue available legal remedies in a California State or Federal court of competent jurisdiction. Recipient must file a government claim pursuant to Government Code section 910 et seq. in order to initiate a civil action. The prevailing party in any dispute shall be entitled to payment of its attorneys’ fees and costs. This section shall survive the termination or expiration of the Agreement.
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17. All questions pertaining to the validity and interpretation of the Agreement shall be determined in accordance with the laws of the State of California applicable to agreements made and to be performed within the State.
18. Recipient may subcontract to consultants or contractors for performance of portions of the work required under this Agreement, without the prior written consent of ABAG, provided Recipient complies with any other applicable requirements of this Agreement and the applicable Attachments hereto, and applicable federal and state requirements.
19. For purposes of this Agreement, “subconsultant” shall mean any consultant or contractor under contract with the Recipient to perform Project work. Any subconsultants must be engaged under written contract with Recipient with provisions allowing Recipient to comply with all requirements of this Agreement. Failure of a subconsultant to provide any insurance required under this Agreement shall be at the risk of Recipient. ABAG’s Project Manager shall be notified in writing of any substitution or addition of subconsultants.
20. Nothing contained in this Agreement or otherwise, shall create any contractual relationship between ABAG and any subconsultants, and no subcontract shall relieve Recipient of his/her responsibilities and obligations hereunder. Recipient agrees to be as fully responsible to ABAG for the acts and omissions of its subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Recipient. Recipient 's obligation to pay its subconsultants is an independent obligation from ABAG's obligation to make payments to Recipient.
21. Applicable provisions of this Agreement shall be included in any subcontract or subconsultant agreement entered into under of this Agreement. If the Recipient already has a subconsultant in place performing applicable work, then Recipient is responsible for communicating to its subconsultant of all applicable provisions of this Agreement.
22. This Agreement constitutes the complete agreement between the parties and supersedes any prior written or oral communications. Any changes to this agreement may only be amended by mutual agreement of ABAG and Recipient at any time during the term of the Agreement. All such changes shall be incorporated in written amendments, which shall specify the changes in work performed and any adjustments in compensation and schedule. All amendments shall be executed by the authorized Executive or a designated representative of ABAG and Recipient and specifically identified as 254
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amendments to the Agreement. The ABAG Project Manager is not a designated representative, for purposes of executing an amendment.
23. If any term or condition of this Agreement is found to be illegal or unenforceable, such term or condition shall be deemed stricken and the remaining terms and conditions shall remain valid and in full force and effect.
24. This Agreement is not for the benefit of any person or entity other than the parties.
If you agree, please sign this letter in the space provided below.
Very truly yours,
Therese W. McMillan
Metropolitan Transportation Commission
Executive Director
Acting pursuant to the Contract for Services dated May 30, 2017
Accepted and Agreed to this:
Dated: BY:
Steven G. McHarris, City Manager
APPROVED AS TO FORM
Dated: BY:
Michael Mutalipassi, City Attorney
APPROVED AS TO CONTENT
Dated: BY:
Alex Andrade, Economic Development Director
APPROVED:
Dated: BY:
Lauren Lai, CPA, MPA
Risk Manager/Finance Director
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ATTACHMENT A-1
SCOPE OF WORK FOR CITY OF MILPITAS (“RECIPIENT”)
All work will support the overarching goals of the REAP program to support planning activities that (1) accelerate housing production or (2) facilitate compliance in implementing the sixth cycle of the RHNA.
Funds will only be used for planning activities and will not be used to support RHNA appeals or the development of specific housing projects, including capital financing, building operation costs, or resident services.
The following Tasks will be accomplished by Recipient and Recipient’s consultant(s).
Task 1 – Assessment of Fair Housing
Activities for preparation of the Assessment of Fair Housing include:
Conduct a robust outreach process with a variety of stakeholders and residents. Gather HUD-provided, state and local data that is necessary to answer the questions in HUD’s Assessment Tool, to prepare maps, and to analyze contributing factors to fair housing issues in Milpitas.
The consultant will synthesize the stakeholder input and analysis into a set of Fair Housing Goals and Priorities that respond to the City’s contributing factors of fair housing issues. The consultant will prepare a draft Assessment of Fair Housing for City Council consideration. The consultant will translate key documents as needed to facilitate an inclusive public process.
As health guidelines and other considerations allow, the consultant may travel to Milpitas to present the draft Assessment of Fair Housing in person at a public hearing.
Task1.1 Deliverables:
1.1 The Final AFH report
Task 2 - Housing Element
Subtask 2.1 – Housing Element: Project Kick-off, Workplan, and Schedule The City’s Housing Element consultant will organize a kick-off coordination meeting with City staff to review a detailed workplan and schedule for the project.
Subtask 2.1 Deliverables:
2.1.1 Agendas and meeting notes for kick-off
2.1.2 Detailed project workplan and schedule
Subtask 2.2 – Housing Element: Background Review
Working closely with City staff and using most recent Annual Progress Report, the consultant will review the current Housing Element and identify Milpitas’ success in accomplishing/implementing the identified goals, policies, and programs and provide 256
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explanations and updates where goals, policies, or programs are in progress, have been abandoned, or have not proven effective. The consultant will also review the City’s new General Plan for any housing-related policies, the Transit Area Specific Plan (Metro Plan), the Milpitas Midtown Specific Plan (Gateway-Main Street Plan), the Zoning Code, the Affordable Housing Ordinance,
the forthcoming Assessment of Fair Housing, and other related documents/policies as appropriate.
Subtask 2.2 Deliverable:
2.2.1 Admin Draft and Final Background Review report in Word and PDF formats.
Subtask 2.3 – Housing Element: Community Engagement Strategy The consultant will co-design an outreach strategy with the City, local community-based organizations, and community leaders to meaningfully engage a diverse and broad range of stakeholders. At a minimum, the Community Engagement Strategy will clearly identify the range of outreach tools and platforms and the timing and responsibilities related to each.
Subtask 2.3 Deliverable:
2.3.1 Draft and Final Community Engagement Strategy
Subtask 2.4 – Housing Element: Housing and Special Housing Needs Review The Housing and Special Housing Needs assessment will tell a story highlighting key takeaways using a mix of text, tables, and graphics. Detailed charts and analysis will be referenced in the appendix to maximize readability.
Subtask 2.4 Deliverable:
2.4.1 Admin Draft and Final Housing and Special Housing Needs assessment in Word and PDF formats
Subtask 2.5 – Housing Element: Housing Constraints Analysis Consultant will identify potential and actual governmental and nongovernmental constraints for the preservation, protection, or production of housing across income levels within the city. This analysis will include on-the-ground knowledge from City staff and cross-jurisdictional comparisons provided by ABAG. It will include write-ups of typical countywide non-governmental constraints, including community opposition to housing, cost of construction, limited availability of land and other topics.
Subtask 2.5 Deliverable:
2.5.1 Draft Housing Constraints Chapter in Word and PDF formats
Subtask 2.6 – Housing Element: Preliminary Sites Inventory Consultant will develop a preliminary sites inventory. Consultant will coordinate closely with both specific plan updates and may identify additional sites. Consultant will work closely with the City’s Fair Housing Assessment consultant and will review the preliminary inventory for consistency with Affirmatively Furthering Fair Housing.
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Subtask 2.6 Deliverable:
2.6.1 Preliminary Sites Inventory in PPT format with Excel spreadsheet
Subtask 2.7 – Housing Element: Sites Inventory
Consultant will prepare all sections of the sites inventory and back-up documentation demonstrating how Milpitas will satisfy its RHNA obligations in each income category. This includes identifying assumptions and evidence to support them, evaluating sites for feasibility, determining site capacity (per State law), analyzing potential policy strategies to increase site capacity, and inputting all required information into HCD’s required format.
Subtask 2.7 Deliverable:
2.7.1 Draft Sites Inventory in Word, PDF, and Excel formats, including a fully populated HCD site inventory spreadsheet
Subtask 2.8 – Housing Element: Goals, Policies and Programs Consultant will prepare goals, policies, programs, and quantified objectives to include in the Housing Element. This task includes ensuring responsiveness to priorities articulated through the community engagement process as well as ensuring internal consistency with other elements of the newly adopted General Plan and two Specific Plans. This task will include identification of other General Plan policy updates or revisions needed to ensure consistency. This task should integrate relevant goals and actions from the Assessment of Fair Housing which will be prepared by a separate consultant.
Subtask 2.8 Deliverable:
2.8.1 Draft Goals, Policies, Programs and Quantified Objectives in Word and PDF formats
Task 3 – Evaluation of Possible Redevelopment Options for Great Mall The City is working with the owner of the Great Mall to explore a possible phased redevelopment into a high-density mixed-use TOD.
Task 3 Deliverable:
3.1 Memorandum describing possible options for partial or full redevelopment of the Great Mall.
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Regional Early Action Planning (REAP),
Grant Suballocation Agreement,
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ATTACHMENT A-2
PROJECT PAYMENT SCHEDULE FOR CITY OF MILPITAS (“RECIPIENT”)
ABAG will reimburse Recipient for all expenses deemed reasonable and necessary by ABAG incurred by Recipient in the performance of this Agreement with deliverables described in Attachment A-1. Recipient shall submit invoices for:
DELIVERABLE DUE DATE AMOUNT
Task 1. Assessment of Fair Housing – Final AFH report
August 31, 2022 $ 28,340
Task 2. Housing Element - completion of deliverables in Subtasks 2.1 to 2.8
October 15, 2022 $ 100,878
Task 3. Evaluation of Possible Redevelopment Options for Great Mall - Memorandum describing possible options for partial or full redevelopment of Great Mall.
December 31, 2022 $ 13,500
TOTAL $ 142,718
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ATTACHMENT B
STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT GRANT AGREEMENT NO. 19-REAP-13915 (INCLUDES AMENDMENTS)
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ATTACHMENT C
NOTICE OF FUNDING AVAILABILITY – REAP
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Grant Suballocation Agreement,
City of Milpitas
ATTACHMENT D
STATE REQUIRED CLAUSES
FAIR EMPLOYMENT PRACTICES ADDENDUM
1. In the performance of this agreement, Recipient shall not discriminate against any employee for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Recipient shall take affirmative action to ensure that employees are treated during employment without regard to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Recipient shall post in conspicuous places, available to employees for employment, notices to be provided by the State of California (“STATE”) setting forth the provisions of this Fair Employment section.
2. Recipient, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 et seq.), and the applicable regulations promulgated thereunder (California code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this agreement by reference and made a part hereof as if set forth in full. Each of the Recipient’s contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements as appropriate.
3. Recipient shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this agreement.
4. Recipient shall permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this agreement.
5. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which Recipient was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that Recipient has violated the Fair Employment Practices Act and had issued an order under Labor Code Section 1426 which has become final or has obtained an injunction under Labor Code Section 1429.
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(b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate funding either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to Recipient, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure Recipient’s breach of this agreement.
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Grant Suballocation Agreement,
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ATTACHMENT E
Not Used
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Grant Suballocation Agreement,
City of Milpitas
ATTACHMENT F-1
TERMS & CONDITIONS OF USE FOR CITY INNOVATE PLATFORM
The Association of Bay Area Governments (“ABAG”) has entered into a Software as a Service Agreement with City Innovate, Inc. dated April 15, 2021 (the “ABAG Agreement” which is attached to this Agreement as Attachment F-2), to provide access to a proprietary online platform (the “Platform”) that is intended to allow government agencies to:
Search profiles of consultants that have been pre-approved to sit on the Regional Planning Consulting Bench, review their pricing, experience, work samples and DBE/SBE status. Streamline the informal vendor bidding process when local rules allow, including functionality allowing for drafting and submitting requests for bids and addendums. Track progress on project milestones; and
Route invoices for approval.
During the term of the ABAG Agreement, ABAG will provide Recipient with one (1) set of logs in credentials for the Platform free of charge to utilize the features of the Platform listed above subject to the terms and conditions set forth in this Attachment. Recipient acknowledges that use of the Platform is provided only for Recipient’s own use and agrees not to use the Platform for the benefit of any third party.
Use of the Platform by Recipient will be subject to the terms and conditions of the ABAG Agreement which is incorporated herein by this reference.
ABAG makes no express or implied warranty regarding the Platform. Recipient assumes all risk of using the Platform and shall indemnify, hold harmless and defend ABAG against any claims made related to Recipient’s use of the Platform that was not required by ABAG.
ABAG reserves the right to require Recipient, through written notice of no less than 30 days, to utilize the Platform to track the project milestones and submit invoices related to this Agreement as set forth in Attachments A-1 and A-2 and to assist in the procurement of consultants to perform said services if Recipient elects to have ABAG administer that amount on behalf of Recipient to deliver the work outlined in Attachment A-1 in the timeframes outlined in Attachment A-2. Said notice, if given, shall include information on how Recipient can obtain training in the use of the Platform and contact information for Recipient to request assistance with any questions about use of the Platform. If at any time the Platform is unavailable through no fault of Recipient, then Recipient may submit any progress reports on project milestones and invoices required by this Agreement that are due during the time of said unavailability of the Platform via email to [email protected].
Recipient is responsible for enforcing its own procurement rules when directly procuring consultants using the Platform. ABAG makes no representation of the legality of procurements issued by Recipient using the Platform. ABAG’s procurement rules shall apply to all procurements by made by ABAG to perform 265
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Regional Early Action Planning (REAP),
Grant Suballocation Agreement,
City of Milpitas
services if Recipient elects to have ABAG administer that amount on behalf of Recipient to deliver the work outlined in Attachment A-1 in the timeframes outlined in Attachment A-2.
Recipient acknowledges that the Platform is not intended for the storage of Sensitive Data, and Recipient agrees not to solicit or encourage the submission of Sensitive Data or itself submit Sensitive Data in connection with the Platform. “Sensitive Data” means: (i) Social Security or other tax identification numbers; (ii) account, credit or debit card numbers, with or without any required security code, access code, PIN or password that would permit access to an individual’s financial account, and account information, including balances and transaction data; (iii) user names, passwords or other credentials for accessing any accounts on any third party systems or platforms; (iv) any personally-identifiable information or PII as defined by applicable law; and (v) any other information with respect to which the unauthorized use or disclosure thereof would be reasonably likely to cause material loss or damage to any third party.
The Platform is not intended to be a data repository or archiving tool. Recipient is solely responsible for maintaining records of its direct procurements on the Platform and is required to comply with the California Public Records Act (Government Code §6250 et seq.).
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Regional Early Action Planning (REAP),
Grant Suballocation Agreement,
City of Milpitas
ATTACHMENT F-2
SOFTWARE AS A SERVICE AGREEMENT BY AND BETWEEN CITY INNOVATE, INC.
AND THE ASSOCIATION OF BAY AREA GOVERNMENTS DATED APRIL 15, 2021
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City of Milpitas, California
BUDGET CHANGE FORM
From* To*
Type of Change
Account
Amount
Account
Amount
Check one:
Budget Appropriation
Budget Transfer
216-3551
$79,895
216-2909
216-5364237
$51,555
$28,340
Authorize the City Manager to accept grant funding from the Association of Bay Area Governments (ABAG) for the Management of the Regional Early Impact Planning (REAP) Grant and approve related budget amendments for revenue in the amount of $142,718.
Background:
The Association of Bay Area Governments (ABAG) and the Metropolitan Transportation Commission (MTC) are jointly responsible for regional planning of the Bay Area, which includes nine counties and 101 cities and jurisdictions. As a council of government, ABAG are eligible for the Department of Housing and Community Development’s Regional Early Impact Planning Grant Program (REAP). In response to the state’s housing crisis, REAP was created to accelerate housing production and facilitate compliance in implementing the sixth cycle of the Housing Element and Regional Housing Needs Allocation (RHNA). In late 2021, the City of Milpitas applied for a suballocation of the Regional Early Impact Planning (REAP) grant through ABAG.
The City of Milpitas requested REAP funds for three purposes (Attachment 1). First, to procure a consultant to create an Assessment of Fair Housing (AFH) in preparation for the draft Housing Element. The assessment will consist of community engagement, racially disaggregated data analysis and mapping, collection and analysis of supplemental local data, analysis of contributing factors, development of goals and strategies, production of the AFH report, document translation services, and consultant travel. Second, to partially fund a full-service housing element consultant to manage the project. The consultant, Raimi and Associates is currently reviewing previous Housing Element and related documents, conducting robust and meaningful community engagement, synthesizing stakeholder input, assessing housing needs and constraints, completing a sites inventory analysis per California Department of Housing and Community Development (HCD) guidelines, and identifying goals, policies, and programs with measurable objectives.
Additionally, Raimi and Associates has presented at public hearings, coordinated administrative draft reviews with HCD, and will soon prepare all CEQA documentation. Third, the City of Milpitas is exploring possible redevelopment options for the Great Mall. On July 22, 2022, ABAG announced a suballocation award of one-hundred forty-two thousand seven-hundred eighteen dollars ($142,718) of REAP funding to the City of Milpitas.
Analysis:
REAP funds must be spent to support planning activities that accelerate housing production or facilitate compliance in implementing the sixth cycle of the Housing Element and RHNA. Funds may not be spent to support RHNA appeals or the development of specific housing projects.
In accordance with the REAP grant’s eligible activities, the funds will be allocated for the following activities:
Activities for preparation of the Assessment of Fair Housing Housing Element workplan and schedule
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Community engagement strategy
Housing and special housing needs review
Housing constraints analysis
Sites inventory
Housing Element goals, policies, and programs
Evaluation of possible redevelopment options for the Great Mall
The City has contracted with Raimi and Associates to support the City in accomplishing the activities listed above. In coordination with ABAG and Raimi and Associates, the City will be on track to complete its Housing Element by early 2023. The REAP grant covers a portion of the contract with Raimi & Associates to prepare the Housing Element and covers the contract with the Lawyers’ Committee for Civil Rights Under Law to prepare the Fair Housing Assessment, which is a required component of the Housing Element. ABAG will reimburse the City for all expenses deemed reasonable and necessary. The City of Milpitas is required to submit invoices for Fiscal Year 2021-22 Quarters 2-4 and Fiscal Year 2022-23 Quarter 1.
Policy Alternatives: N/A
Fiscal Impact:
The City received grant funding for the Housing Element and the balance of this professional services contract would be funded from the Affordable Housing Fund 216. The City applied to the Association of Bay Area Governments (ABAG) for Regional Housing Technical Assistance (REAP) non-competitive and competitive grant funding to help fund the development of the Housing Element and Assessment of Fair Housing. ABAG awarded the City a total of $142,718. Out of this total amount, $114,378 was awarded for work on the Housing Element. In FY21-22, $62,823 was already recognized from the award due to performance of Housing Element professional services. In FY22-23, the remainder $79,895 will be recognized in the grant revenue.
The Housing Element professional services cost is $431,710 with $114,378 to be reimbursed using REAP grant funds, the remaining balance of $317,332 will come from the City’s Affordable Housing Fund 216. The fiscal impact is a $317,332 reduction to the fund balance. If future amendments to the professional services agreement are needed and Council authorizes the City Manager to execute the amendments for an amount up to $50,000, the fiscal impact would be a maximum of $50,000 reduction to the fund balance at the time of the amendments.
California Environmental Quality Act:
The actions being considered 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, this action does not meet the definition of a project under CEQA Guideline 15378 as it is a government fiscal activity which does not commit to any project that would result in a potentially significant impact on the environment.
Recommendation:
Authorize the City Manager to accept grant funding from the Association of Bay Area Governments (ABAG) for the Management of the Regional Early Impact Planning (REAP) Grant and approve related budget amendments for revenue in the amount of $142,718.
Attachments:
1. Draft Suballocation Agreement
2. Budget Change Form
Check if City Council Approval required. Meeting Date: October 04, 2022
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Requested by: Department Head: Alex Andrade Date: October 04, 2022 Reviewed by: Finance Director: Lauren Lai Date: October 04, 2022
Date approved by City Council, if required: Confirmed by:
FI/24786/V Form 30-222 (Rev. 1/92)
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CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution to Amend the City of Milpitas Classification Plan to Establish the Position of Risk Analyst and Modify the Salary Schedule Titled “All Job Classifications/Salary Table” to Include the Salary Range for this Classification (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3053; and Jeannine Seher, Human Resources Director, 408-586-3086) Category: Consent Calendar-Leadership and Support Services
Meeting Date: 10/4/2022
Recommendation: Adopt a resolution amending the Classification Plan to establish the position of Risk Analyst and amend the Salary Schedule titled “All Job Classifications/ Salary Table” to include the salary range for this classification.
Background:
In the 202 2-2023 Fiscal Year Budget, the City Council authorized the addition of 1.0 FTE Financial Analyst position. In discussions with Finance Director, Lauren Lai, and after examination of the responsibilities of the position, it was determined that the duties associated with this position are better suited to be classified as a “Risk Analyst” rather than the “Financial Analyst.”
Analysis:
In assessing the needs of the department after the adoption of the 2022-2023 Fiscal Year Budget, Finance Director, Lauren Lai, determined that the classification of “Risk Analyst”, reporting directly under the Budget Manager, rather than the “Financial Analyst” would best meet the needs of the Finance Department. The types of duties that the Risk Analyst would perform have the same level of complexity as the Financial Analyst II but would be more specifically focused on risk management . As such, the proposed salary of the Risk Analyst is reflective of this. The City proposed a salary that aligns internally with the Financial Analyst II classification, with a salary of $88,368.28 - $116,319.58.
The City provided the opportunity meet and confer with the Milpitas Mid-Management and Confidential Unit (LIUNA/UPEC Local 792), and it was agreed upon that the City proceed with the “Risk Analyst” classification.
The FY22-23 Adopted Budget and Financial Plan provides authority for the City Manager to amend positions.
Specifically, the major changes to the Budget Guidelines include for Council to authorize the City Manager to increase department revenues and appropriations ac cordingly and execute related agreements as long as no matching funds are required, and/or departments do not require additional funding for ongoing maintenance costs or future replacement costs. However, CalPERS requires that all classifications with the ir respective salaries be provided on publicly available pay schedules. As such, we are required to amend the salary schedule to add the Risk Analyst classification and salary range.
Fiscal Impact:
There is no fiscal impact associated with this change as the Council has previously authorized the funds for the Financial Analyst in the FY 2022-23 budget.
California Environmental Quality Act:
Approval of the recommendation is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) as it can be seen with certainty that a discussion about establishing a salary range will not have a significant effect on the environment. Further, the item is not a project pursuant to CEQA Gu idelines Section 15378(b)(5) as it involves organizational or 271
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administrative activities of a local government entity that will not result in direct or indirect physical changes in the environment.
Recommendation:
Adopt a resolution amending the Classification Plan to establish the position of Risk Analyst and amend the Salary Schedule titled “All Job Classifications/Salary Table” to include the salary range for this classification.
Attachments:
1. Classification Specification for Risk Analyst
2. Resolution
3. Exhibit A: Salary Table
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City of Milpitas
Effective: 9/2022
Risk Analyst Revised: 10/4/2022
EEOC:
FLSA:
Unit:
Physical:
DEFINITION
This is a journey-level classification. Positions at this level perform the full range of duties as assigned, working independently and exercising judgment and initiative. Employees at this level receive only occasional instruction or assistance as new or unusual situations arise and are expected to be fully aware of the laws and regulations related to the area of assignment, and to become fully aware of City ordinances and policies, able to perform the duties associated with this position. Under direction of the Budget Manager or designee, the Risk Analyst will coordinate and perform responsible, varied, and confidential administrative and technical work in support of the Risk Management program. Incumbent(s) will investigate, evaluate, and resolve claims against the City; provide claims administration, analyze historical claims and provide training on risk management to City departments; consults with City departments to minimize risk and safety exposures. Incumbent(s) will also be responsible for establishing and managing the Risk Committee, which will oversee the Risk Management program at the City and assist with the City’s participation in risk joint power of authority (JPA).
DISTINGUISHING CHARACTERISTICS
This classification is distinguished from Budget Manager by the Budget Manager’s responsibility for the successful planning and implementation of the citywide budget process and related fiscal programs.
This classification is further distinguished from the Financial Analyst classification by the Financial Analyst’s responsibility to perform a wide variety of financial analysis activities.
SUPERVISION RECEIVED AND EXERCISED
Receives direction from the Budget Manager or designee.
AND
May exercise supervision over assigned clerical or technical personnel.
EXAMPLE OF DUTIES – Duties may include, but are not limited to, the following:
• Conduct safety audits; provide safety and risk management training; develop, review, and analyze claims against the City, implement the City risk management programs designed to reduce the frequency and severity of losses throughout the City. 273
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o Analyze historical claims to identify patterns and develop policies and best practices to minimize loss.
• Manage all risk and insurance programs, including insured and self-insured programs; determine appropriate funding and reserve levels for risk and insurance programs; oversee the legal and contractual elements of risk and insurance programs.
• Investigate claims of environmental conditions that could potentially cause injury or illness; interview employees; review documents, complaints, and confer with facilities and health representatives to determine possible actions for mitigation; survey facilities, programs and services to identify potential exposure to claims.
• Analyze self-insured retention levels, excess limits, aggregates, and reserve levels.
• Analyze and present data and statistical information in a clear and concise way.
• Evaluate the cost and benefits of alternate risk financing methods.
• Provide training and assistance to City employees on risk policies and procedures, and processing Claims for Damages.
• Review certificates of insurance for coverage dates, liability coverage amounts, and additional related language to determine financial responsibility.
• Review and analyzes claims against the City with claims administrator for loss control and corrective action; manages activities of liability claims administrator to ensure effective claims processing.
• Assist in administering the City’s Injury and Illness Prevention Program.
• Assist in the management and coordination of third-party administrators and legal counsel.
• Verify insurance requirements for contracts, permits, and vendors.
• Perform additional duties of a similar nature as assigned.
• Assist in the City’s participation in risk power joint authority program
QUALIFICATIONS
Knowledge of:
• Principles and practices of public agency insurance programs, including claims administration, administration and adjustment, and appropriate reserve setting formulas.
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• Financial and legal requirements for developing, implementing, and administering self-funded plans, including liability, workers’ compensation and others. • Research and analytical techniques applied to risk management. • General insurance principles, practices, and terminology. • Analysis of insurance provider ratings for those providing proof of insurance. • Federal, state, and local laws and regulations relative to risk management. • Methods and techniques of tracking, recording, and presenting statistical data. • Principles and practices associated with training.
• Legal and political environment affecting local government. • General methods of tactful public communication.
• Practical application of computers and peripheral equipment. • English grammar, punctuation, spelling, and usage.
Effective supervisory practices.
Ability to:
• Analyze and present data and information.
• Prepare complex reports related to the risk management program for department head, City Manager and City Council.
• Evaluate, explain and recommend technical insurance policies, rules, and procedures.
• Evaluate, explain and recommend various insurance programs and options for the City.
• Interpret and apply laws, regulations, ordinances, and rules relating to general liability, safety and workers’ comp?
• Read and interpret rules, regulations, and legislation/laws. • Keep abreast of changing rules, laws, and best practices in the area of risk management.
• Provide training to City departments and employees in the area of risk management.
• Develop and recommend policies and procedures related to assigned operations. • Analyze claims in accordance with applicable laws and City procedures and policies; exercise independent judgment in resolving claims. • Research regulations, procedures and/or technical reference materials; prepare narrative and statistical reports.
• Handle sensitive and confidential information with discretion. • Meet deadlines as prescribed.
• Communicate clearly and concisely, both orally and in writing. • Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
• Use standardized office machines and equipment.
• Use desktop applications and computer software including advanced Excel and specialized City software.
EDUCATION AND EXPERIENCE
Education: Bachelor’s degree from an accredited college or university with major coursework in finance, public administration, business administration, risk management, industrial hygiene or safety, human resources management, or a closely related field of study. 275
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Experience: Three years of professional level experience in the field of risk management, safety, general liability, property damage claims processing, or contract insurance administration and analysis, or insurance is required. Designation as an Associate in Risk Management by the Insurance Institute of America and experience in a public agency are desired.
LICENSE OR CERTIFICATE
• Possession and maintenance of a valid California Driver’s License is required.
SPECIAL REQUIREMENTS
Essential duties require the following physical abilities and work environment
Ability to work in a standard office environment; able to independently travel to various locations within and outside the City of Milpitas.
Work unusual hours, weekends and overtime in the performance of duties in order to meet deadlines and achieve objectives.
Approved by:
___________________________________________
City Manager Date
Human Resources Director Date
In compliance with the Americans with Disabilities Act, the City of Milpitas will provide reasonable accommodation to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the Human Resources Department.
The City of Milpitas is an Equal Opportunity Employer.
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING RESOLUTION NO. 1626, THE CLASSIFICATION PLAN, TO APPROVE AND ADOPT
THE CLASSIFICATIONS PAY SCHEDULES AND AMEND BUDGETED, ALLOCATED
POSITIONS
WHEREAS, the City of Milpitas has a Classification Plan adopted as Resolution No. 1626 on December 17, 1968, which has been amended from time to time, and is in accordance with the Personnel Rules and Regulations of the City of Milpitas (Resolution No. 792 as amended); and
WHEREAS, amendments to the Classification Plan are necessary to account for changes within the organization, transfer of duties, new job responsibilities, and adjustments to salary ranges; and
WHEREAS, the FY 2022/23 Adopted Budget included funding for and added one (1) full-time equivalent (FTE) Financial Analyst position in the Finance Department; and,
WHEREAS, the Human Resources Department, in conjunction with the Finance Department, believes the classification of risk analyst is more suitable and better describes the duties and responsibilities of the position; and,
WHEREAS, the City is required to publish publicly available approved and adopted pay schedule(s) for all positions within the Classification Plan pursuant to the California Code of Regulations, 2 CCR §570.5.
NOW THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
1) The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2) Resolution No. 1626, as amended, is hereby further amended effective October 4, 2022, as set forth below.
A. APPROVE AND ADOPT THE PAY SCHEDULE “ NEW JOB
CLASSIFICATIONS/SALARY TABLE EFFECTIVE OCTOBER 4, 2022”:
Adding the classifications of:
1. Risk Analyst, with a salary range of $88,368.28 - $116,319.58.
A pay schedule, that includes but is not limited to Classification (Position), Title, Payrate; Hourly, Bi -Weekly, Monthly and Annual Wage, is attached hereto as Exhibit A (“New Job Classifications/Salary Table effective 07-03-2022”). Exhibit A also reflects job title changes to various positions as negotiated with the respective bargaining units and/or as reflected as minimum qualifications in the job specification.
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2 Resolution No.
PASSED AND ADOPTED this day of , 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Suzanne Guzzetta, City Clerk Rich Tran, Mayor
APPROVED AS TO FORM:
Michael Mutalipassi, City Attorney
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Classification Union Code Occ Code Pay Grade A-Hourly A-BiWeekly A-Annual B-Hourly B-BiWeekly B-Annual C-Hourly C-BiWeekly C-Annual D-Hourly D-BiWeekly D-Annual E-Hourly E-BiWeekly E-Annual Accountant 50 2101 500 47.898875 3831.91 99629.66 50.2935 4023.48 104610.48 52.798 4223.84 109819.84 55.45025 4436.02 115336.52 58.21275 4657.02 121082.52 Accounting Technician I 50 6104 513 31.19425 2495.54 64884.04 32.75425 2620.34 68128.84 34.392 2751.36 71535.36 36.1115 2888.92 75111.92 37.917125 3033.37 78867.62 Accounting Technician II 50 6105 514 34.3135 2745.08 71372.08 36.029625 2882.37 74941.62 37.831125 3026.49 78688.74 39.723125 3177.85 82624.1 41.70825 3336.66 86753.16 Administrative Analyst I 80 2102 801 41.19875 3295.9 85693.4 0 0 0 0 0 0 0 0 0 54.2355 4338.84 112809.84 Administrative Analyst II 80 2103 802 45.499125 3639.93 94638.18 0 0 0 0 0 0 0 0 0 59.887375 4790.99 124565.74 Administrative Assistant 80 6111 828 39.304625 3144.37 81753.62 41.269875 3301.59 85841.34 43.333625 3466.69 90133.94 45.5 3640 94640 47.774875 3821.99 99371.74 Adult Crossing Guard 70 8401 725 16.4 1312 34112 0 0 0 0 0 0 0 0 0 18.46 1476.8 38396.8 Adult Crossing Guard Superviso 70 8402 720 17.71 1416.8 36836.8 0 0 0 0 0 0 0 0 0 21.21 1696.8 44116.8 Assistant Chief of Police 60 1405 649 101.902875 8152.23 211957.98 0 0 0 0 0 0 0 0 0 142.664 11413.12 296741.12 Assistant City Attorney 60 1113 645 76.923125 6153.85 160000.1 0 0 0 0 0 0 0 0 0 104.127875 8330.23 216585.98 Assistant City Engineer 60 1205 639 72.455375 5796.43 150707.18 0 0 0 0 0 0 0 0 0 101.4375 8115 210990 Assistant City Manager 60 1104 666 96.52375 7721.9 200769.4 0 0 0 0 0 0 0 0 0 135.133375 10810.67 281077.42 Assistant Engineer 50 2201 502 51.897625 4151.81 107947.06 54.492375 4359.39 113344.14 57.216875 4577.35 119011.1 60.078125 4806.25 124962.5 63.082375 5046.59 131211.34 Assistant Finance Director 60 1109 669 69.463375 5557.07 144483.82 0 0 0 0 0 0 0 0 0 97.251125 7780.09 202282.34 Assistant Fire Marshal 60 2501 632 78.1425 6251.4 162536.4 0 0 0 0 0 0 0 0 0 109.39975 8751.98 227551.48 Assistant Planner 50 2801 503 49.763 3981.04 103507.04 52.252375 4180.19 108684.94 54.855625 4388.45 114099.7 57.59775 4607.82 119803.32 60.478875 4838.31 125796.06 Assistant Pool Manager 70 5609 709 17.45 1396 36296 0 0 0 0 0 0 0 0 0 24.44 1955.2 50835.2 Assistant Water Operator 20 7212 221 42.68093333 3201.07 83227.82 44.81506667 3361.13 87389.38 47.05573333 3529.18 91758.68 49.40826667 3705.62 96346.12 51.87906667 3890.93 101164.18 Assistant Water Operator - 40 20 8611 226 42.67725 3414.18 88768.68 44.815375 3585.23 93215.98 47.051875 3764.15 97867.9 49.41125 3952.9 102775.4 51.881375 4150.51 107913.26 Associate Civil Engineer 50 2202 504 59.682 4774.56 124138.56 62.6665 5013.32 130346.32 65.799875 5263.99 136863.74 69.089875 5527.19 143706.94 72.544625 5803.57 150892.82 Associate Planner 50 2802 505 57.218375 4577.47 119014.22 60.087 4806.96 124980.96 63.0945 5047.56 131236.56 66.241 5299.28 137781.28 69.55175 5564.14 144667.64 Budget Manager 80 1115 839 60.055 4804.4 124914.4 0 0 0 0 0 0 0 0 0 79.05 6324 164424 Building & Housing Director 60 1802 658 83.947625 6715.81 174611.06 0 0 0 0 0 0 0 0 0 117.52675 9402.14 244455.64 Building Inspection Manager 80 3809 848 62.563375 5005.07 130131.82 0 0 0 0 0 0 0 0 0 76.04675 6083.74 158177.24 Building Inspector Apprentice 70 8610 770 28 2240 58240 0 0 0 0 0 0 0 0 0 35 2800 72800 Building Official 60 1804 676 73.841625 5907.33 153590.58 0 0 0 0 0 0 0 0 0 103.37825 8270.26 215026.76 Building Permit Technician 50 5801 508 38.000625 3040.05 79041.3 39.90475 3192.38 83001.88 41.90675 3352.54 87166.04 43.99425 3519.54 91508.04 46.191625 3695.33 96078.58 Building/NP Inspector 50 3801 507 50.367625 4029.41 104764.66 52.8865 4230.92 110003.92 55.53025 4442.42 115502.92 58.307125 4664.57 121278.82 61.222125 4897.77 127342.02 Business Systems Analyst/Dev 80 2119 853 54.920875 4393.67 114235.42 0 0 0 0 0 0 0 0 0 72.292625 5783.41 150368.66 Buyer 80 2106 803 40.82525 3266.02 84916.52 0 0 0 0 0 0 0 0 0 53.73875 4299.1 111776.6 CIP Manager 60 2211 642 63.788875 5103.11 132680.86 0 0 0 0 0 0 0 0 0 89.3115 7144.92 185767.92 Case Manager 50 5612 544 34.04875 2723.9 70821.4 0 0 0 0 0 0 0 0 0 42.492125 3399.37 88383.62 Chief Fire Enforcement Officer 60 1505 656 68.2475 5459.8 141954.8 0 0 0 0 0 0 0 0 0 95.5465 7643.72 198736.72 Chief of Police 60 1402 650 106.994875 8559.59 222549.34 0 0 0 0 0 0 0 0 0 149.793125 11983.45 311569.7 City Attorney 60 1112 644 99.9625 7997 207922 0 0 0 0 0 0 0 0 0 124.953375 9996.27 259903.02 City Clerk 60 1101 605 63.831 5106.48 132768.48 0 0 0 0 0 0 0 0 0 89.3735 7149.88 185896.88 City Manager 60 1102 697 160.7535 12860.28 334367.28 0 0 0 0 0 0 0 0 0 160.7535 12860.28 334367.28 Code Enforcement Officer 50 5804 515 44.04 3523.2 91603.2 46.242625 3699.41 96184.66 48.564625 3885.17 101014.42 50.99275 4079.42 106064.92 53.540625 4283.25 111364.5 Comm Svc Engmt & Incl Admin 60 1121 659 65.8665 5269.32 137002.32 0 0 0 0 0 0 0 0 0 92.213125 7377.05 191803.3 Communications Dispatch Superv 40 6409 456 55.085125 4406.81 114577.06 57.839375 4627.15 120305.9 60.7315 4858.52 126321.52 63.768125 5101.45 132637.7 66.956625 5356.53 139269.78 Communications Dispatcher 40 6408 455 47.69475 3815.58 99205.08 50.07925 4006.34 104164.84 52.583 4206.64 109372.64 55.21175 4416.94 114840.44 57.9725 4637.8 120582.8 Community Service Officer 50 5807 551 42.1365 3370.92 87643.92 44.243375 3539.47 92026.22 46.455625 3716.45 96627.7 48.77825 3902.26 101458.76 51.2175 4097.4 106532.4 Councilmember 60 1107 699 20.87 417.4 10852.4 0 0 0 0 0 0 0 0 0 20.87 417.4 10852.4 Crime Analyst 80 2105 809 49.318625 3945.49 102582.74 0 0 0 0 0 0 0 0 0 64.9185 5193.48 135030.48 Customer Services Supervisor 80 2127 847 47.823 3825.84 99471.84 0 0 0 0 0 0 0 0 0 62.945625 5035.65 130926.9 Deputy City Attorney 60 1114 646 60.096125 4807.69 124999.94 0 0 0 0 0 0 0 0 0 83.301875 6664.15 173267.9 Deputy City Clerk 80 6102 835 46.962125 3756.97 97681.22 0 0 0 0 0 0 0 0 0 57.082625 4566.61 118731.86 Deputy City Manager 60 1119 672 94.59325 7567.46 196753.96 0 0 0 0 0 0 0 0 0 132.375625 10590.05 275341.3 Deputy Director of IT 60 1123 679 76.44225 6115.38 158999.88 0 0 0 0 0 0 0 0 0 97.89425 7831.54 203620.04 Deputy Fire Chief 60 1504 633 98.466625 7877.33 204810.58 0 0 0 0 0 0 0 0 0 137.85325 11028.26 286734.76 Deputy Public Works Director 60 1207 654 74.46125 5956.9 154879.4 0 0 0 0 0 0 0 0 0 104.245875 8339.67 216831.42 Digital Media Specialist 80 2121 840 42.48475 3398.78 88368.28 0 0 0 0 0 0 0 0 0 55.922875 4473.83 116319.58 Dir of Recr & Community Svcs 60 1208 655 82.20925 6576.74 170995.24 0 0 0 0 0 0 0 0 0 115.31725 9225.38 239859.88 Economic Development Coord 80 8623 852 51.823125 4145.85 107792.1 0 0 0 0 0 0 0 0 0 64.26 5140.8 133660.8 Economic Development Director 60 1206 653 77.21925 6177.54 160616.04 0 0 0 0 0 0 0 0 0 108.106625 8648.53 224861.78 Economic Development Spec 80 8606 850 49.351125 3948.09 102650.34 0 0 0 0 0 0 0 0 0 59.57175 4765.74 123909.24 Electrical/Building Inspector 50 3802 511 52.886375 4230.91 110003.66 55.53025 4442.42 115502.92 58.307 4664.56 121278.56 61.222125 4897.77 127342.02 64.283375 5142.67 133709.42 Emergency Services Coordinator 80 2502 836 54.525 4362 113412 0 0 0 0 0 0 0 0 0 71.76225 5740.98 149265.48 Employee Relations Officer 60 1209 677 63.981625 5118.53 133081.78 0 0 0 0 0 0 0 0 0 89.574125 7165.93 186314.18 Engineering Aide 50 3201 512 41.271875 3301.75 85845.5 43.335625 3466.85 90138.1 45.502125 3640.17 94644.42 47.777 3822.16 99376.16 50.165875 4013.27 104345.02 Engineering Director/City Eng 60 1201 606 83.947625 6715.81 174611.06 0 0 0 0 0 0 0 0 0 117.52675 9402.14 244455.64 Engineering Permit Technician 50 2210 540 37.151875 2972.15 77275.9 39.009625 3120.77 81140.02 40.959875 3276.79 85196.54 43.007375 3440.59 89455.34 45.158 3612.64 93928.64 Entry Firefighter/EMT - 40 10 4512 115 48.542375 3883.39 100968.14 50.484125 4038.73 105006.98 0 0 0 0 0 0 0 0 0 Entry Firefighter/EMT - 56 10 4510 112 34.673125 3883.39 100968.14 36.06008929 4038.73 105006.98 0 0 0 0 0 0 0 0 0 Entry Firefighter/Paramedic-40 10 4513 116 54.367375 4349.39 113084.14 56.542375 4523.39 117608.14 0 0 0 0 0 0 0 0 0 279
Item # C12.
Entry Firefighter/Paramedic-56 10 4511 113 38.83383929 4349.39 113084.14 40.38741071 4523.39 117608.14 0 0 0 0 0 0 0 0 0 Entry Level Fire Inspector 10 3508 114 42.32175 3385.74 88029.24 44.437875 3555.03 92430.78 46.659875 3732.79 97052.54 48.992875 3919.43 101905.18 50.974375 4077.95 106026.7 Envir & Regulatory Comply Spec 80 8624 851 52.670875 4213.67 109555.42 0 0 0 0 0 0 0 0 0 69.33 5546.4 144206.4 Environmental Inspector 50 2213 553 52.886375 4230.91 110003.66 55.530625 4442.45 115503.7 58.30725 4664.58 121279.08 61.2225 4897.8 127342.8 64.283375 5142.67 133709.42 Equip Maint Worker I - 40 20 8612 227 39.042375 3123.39 81208.14 40.974875 3277.99 85227.74 43.02725 3442.18 89496.68 45.187375 3614.99 93989.74 47.44375 3795.5 98683 Equip Maint Worker II - 40 20 8613 228 42.931 3434.48 89296.48 45.079625 3606.37 93765.62 47.33575 3786.86 98458.36 49.712 3976.96 103400.96 52.1965 4175.72 108568.72 Equip Maint Worker III - 40 20 8614 229 48.367875 3869.43 100605.18 50.79225 4063.38 105647.88 53.336875 4266.95 110940.7 56.001375 4480.11 116482.86 58.80975 4704.78 122324.28 Equipment Maint. Worker I 20 7202 200 38.80066667 2910.05 75661.3 40.7408 3055.56 79444.56 42.77826667 3208.37 83417.62 44.91706667 3368.78 87588.28 47.1628 3537.21 91967.46 Equipment Maint. Worker II 20 7203 201 42.68093333 3201.07 83227.82 44.81506667 3361.13 87389.38 47.05573333 3529.18 91758.68 49.40826667 3705.62 96346.12 51.87906667 3890.93 101164.18 Equipment Maint. Worker III 20 7204 202 48.08986667 3606.74 93775.24 50.49346667 3787.01 98462.26 53.01853333 3976.39 103386.14 55.66946667 4175.21 108555.46 58.4532 4383.99 113983.74 Executive Assistant 80 6117 812 43.228875 3458.31 89916.06 45.390625 3631.25 94412.5 47.660125 3812.81 99133.06 50.043 4003.44 104089.44 52.54525 4203.62 109294.12 FF/Paramedic Trainee - 40 10 4504 107 52.276375 4182.11 108734.86 52.276375 4182.11 108734.86 52.276375 4182.11 108734.86 52.276375 4182.11 108734.86 52.276375 4182.11 108734.86 FF/Paramedic Trainee - 56 10 4514 155 37.34026786 4182.11 108734.86 37.34026786 4182.11 108734.86 37.34026786 4182.11 108734.86 37.34026786 4182.11 108734.86 37.34026786 4182.11 108734.86 Finance Director 60 1103 627 84.312125 6744.97 175369.22 0 0 0 0 0 0 0 0 0 118.027625 9442.21 245497.46 Finance Manager 60 1116 647 59.50375 4760.3 123767.8 0 0 0 0 0 0 0 0 0 83.30575 6664.46 173275.96 Financial Analyst I 80 2125 844 38.468125 3077.45 80013.7 0 0 0 0 0 0 0 0 0 50.635375 4050.83 105321.58 Financial Analyst II 80 2126 845 42.48475 3398.78 88368.28 0 0 0 0 0 0 0 0 0 55.922875 4473.83 116319.58 Fire Battalion Chief 10 2508 153 52.44267857 5873.58 152713.08 0 0 0 0 0 0 0 0 0 73.41973214 8223.01 213798.26 Fire Battalion Chief - 40 10 2509 154 73.41975 5873.58 152713.08 0 0 0 0 0 0 0 0 0 102.787625 8223.01 213798.26 Fire Captain 10 2504 100 45.89633929 5140.39 133650.14 48.13383929 5390.99 140165.74 50.48321429 5654.12 147007.12 52.94973214 5930.37 154189.62 55.53991071 6220.47 161732.22 Fire Captain - 40 10 2507 108 64.254875 5140.39 133650.14 67.387375 5390.99 140165.74 70.6765 5654.12 147007.12 74.129625 5930.37 154189.62 77.755875 6220.47 161732.22 Fire Chief 60 1502 630 108.560625 8684.85 225806.1 0 0 0 0 0 0 0 0 0 151.98525 12158.82 316129.32 Fire Engineer/EMT 10 4501 102 40.47142857 4532.8 117852.8 42.43767857 4753.02 123578.52 44.50196429 4984.22 129589.72 46.66946429 5226.98 135901.48 48.94535714 5481.88 142528.88 Fire Engineer/EMT - 40 10 4515 156 56.66 4532.8 117852.8 59.41275 4753.02 123578.52 62.30275 4984.22 129589.72 65.33725 5226.98 135901.48 68.5235 5481.88 142528.88 Fire Engineer/Paramedic 10 4505 151 45.18964286 5061.24 131592.24 47.39214286 5307.92 138005.92 49.70410714 5566.86 144738.36 52.13142857 5838.72 151806.72 54.680625 6124.23 159229.98 Fire Prevention Inspector 10 3501 106 64.881625 5190.53 134953.78 68.045375 5443.63 141534.38 71.367125 5709.37 148443.62 74.854875 5988.39 155698.14 78.517125 6281.37 163315.62 Fire Protection Engineer 10 3507 110 64.881625 5190.53 134953.78 68.045375 5443.63 141534.38 71.367125 5709.37 148443.62 74.854875 5988.39 155698.14 78.517125 6281.37 163315.62 Firefighter/EMT 10 4502 103 37.82491071 4236.39 110146.14 39.658125 4441.71 115484.46 41.58357143 4657.36 121091.36 43.60544643 4883.81 126979.06 45.7275 5121.48 133158.48 Firefighter/EMT Trainee - 40 10 4509 109 46.6755 3734.04 97085.04 46.6755 3734.04 97085.04 46.6755 3734.04 97085.04 46.6755 3734.04 97085.04 46.6755 3734.04 97085.04 Firefighter/Paramedic 10 4503 104 42.22571429 4729.28 122961.28 44.27857143 4959.2 128939.2 46.43526786 5200.75 135219.5 48.69910714 5454.3 141811.8 51.07678571 5720.6 148735.6 Fitness Instructor 70 5620 713 35 2800 72800 0 0 0 0 0 0 0 0 0 75 6000 156000 Fleet Maint Worker I -40 20 8615 230 37.270375 2981.63 77522.38 39.138375 3131.07 81407.82 41.092125 3287.37 85471.62 43.14425 3451.54 89740.04 45.307125 3624.57 94238.82 Fleet Maint Worker II - 40 20 8616 231 40.993875 3279.51 85267.26 43.045875 3443.67 89535.42 45.19625 3615.7 94008.2 47.4575 3796.6 98711.6 49.82925 3986.34 103644.84 Fleet Maint Worker III -40 20 8617 232 47.150125 3772.01 98072.26 49.50975 3960.78 102980.28 51.979625 4158.37 108117.62 54.57225 4365.78 113510.28 57.3125 4585 119210 Fleet Maintenance Worker I 20 7207 213 37.27066667 2795.3 72677.8 39.13373333 2935.03 76310.78 41.0908 3081.81 80127.06 43.14453333 3235.84 84131.84 45.302 3397.65 88338.9 Fleet Maintenance Worker II 20 7208 214 40.99786667 3074.84 79945.84 43.0472 3228.54 83942.04 45.2 3390 88140 47.46013333 3559.51 92547.26 49.83213333 3737.41 97172.66 Fleet Maintenance Worker III 20 7209 215 47.14693333 3536.02 91936.52 49.50413333 3712.81 96533.06 51.97893333 3898.42 101358.92 54.57773333 4093.33 106426.58 57.3076 4298.07 111749.82 GIS Technician 50 2212 552 51.897625 4151.81 107947.06 54.492375 4359.39 113344.14 57.21725 4577.38 119011.88 60.077875 4806.23 124961.98 63.082625 5046.61 131211.86 Hazardous Materials Inspector 10 3502 105 64.881625 5190.53 134953.78 68.045375 5443.63 141534.38 71.367125 5709.37 148443.62 74.854875 5988.39 155698.14 78.517125 6281.37 163315.62 Housing Authority Adminr 60 1120 673 62.118125 4969.45 129205.7 0 0 0 0 0 0 0 0 0 86.964875 6957.19 180886.94 Human Resources Analyst I 80 2124 843 41.19875 3295.9 85693.4 0 0 0 0 0 0 0 0 0 54.2355 4338.84 112809.84 Human Resources Analyst II 80 2123 842 45.499125 3639.93 94638.18 0 0 0 0 0 0 0 0 0 59.887375 4790.99 124565.74 Human Resources Assistant 80 2108 846 29.34775 2347.82 61043.32 30.814125 2465.13 64093.38 32.35475 2588.38 67297.88 33.972625 2717.81 70663.06 35.671125 2853.69 74195.94 Human Resources Director 60 1105 613 83.83775 6707.02 174382.52 0 0 0 0 0 0 0 0 0 117.37325 9389.86 244136.36 Human Resources Technician 80 2107 816 35.595125 2847.61 74037.86 37.382625 2990.61 77755.86 39.243375 3139.47 81626.22 41.21325 3297.06 85723.56 43.2685 3461.48 89998.48 I T Director 60 2113 624 82.734875 6618.79 172088.54 0 0 0 0 0 0 0 0 0 115.828625 9266.29 240923.54 I T Manager 80 2116 819 62.022625 4961.81 129007.06 0 0 0 0 0 0 0 0 0 81.6445 6531.56 169820.56 I T Technician 50 3101 542 41.29175 3303.34 85886.84 43.356125 3468.49 90180.74 45.523375 3641.87 94688.62 47.799625 3823.97 99423.22 50.189875 4015.19 104394.94 Information Services Analyst 80 2118 831 52.1745 4173.96 108522.96 0 0 0 0 0 0 0 0 0 68.677 5494.16 142848.16 Junior Engineer 50 2203 519 47.179375 3774.35 98133.1 49.5385 3963.08 103040.08 52.015375 4161.23 108191.98 54.616125 4369.29 113601.54 57.347 4587.76 119281.76 Junior Planner 50 2804 520 42.715875 3417.27 88849.02 44.851875 3588.15 93291.9 47.09425 3767.54 97956.04 49.449625 3955.97 102855.22 51.9215 4153.72 107996.72 Legal Assistant 60 1124 689 39.304625 3144.37 81753.62 41.269875 3301.59 85841.34 43.333625 3466.69 90133.94 45.5 3640 94640 47.774875 3821.99 99371.74 Lifeguard 70 5610 710 16.4 1312 34112 0 0 0 0 0 0 0 0 0 21.56 1724.8 44844.8 Maint Worker III - 40 20 8619 234 40.145875 3211.67 83503.42 42.15625 3372.5 87685 44.26275 3541.02 92066.52 46.47775 3718.22 96673.72 48.801125 3904.09 101506.34 Maintenance Assistant 20 8625 238 24.48 1958.4 50918.4 25.64 2051.2 53331.2 26.84 2147.2 55827.2 28.11 2248.8 58468.8 29.43 2354.4 61214.4 Maintenance Custodian I 20 8101 203 28.59653333 2144.74 55763.24 30.0264 2251.98 58551.48 31.528 2364.6 61479.6 33.1044 2482.83 64553.58 34.7596 2606.97 67781.22 Maintenance Custodian I - 40 20 8107 222 28.59675 2287.74 59481.24 30.02625 2402.1 62454.6 31.52775 2522.22 65577.72 33.104375 2648.35 68857.1 34.75925 2780.74 72299.24 Maintenance Custodian II 20 8102 204 31.45693333 2359.27 61341.02 33.02933333 2477.2 64407.2 34.68106667 2601.08 67628.08 36.41413333 2731.06 71007.56 38.23533333 2867.65 74558.9 Maintenance Custodian II - 40 20 8108 223 31.456875 2516.55 65430.3 33.029 2642.32 68700.32 34.680875 2774.47 72136.22 36.41425 2913.14 75741.64 38.23575 3058.86 79530.36 Maintenance Custodian III 20 8103 205 36.17466667 2713.1 70540.6 37.9832 2848.74 74067.24 39.8824 2991.18 77770.68 41.87666667 3140.75 81659.5 43.97106667 3297.83 85743.58 Maintenance Custodian III - 40 20 8618 233 36.177 2894.16 75248.16 37.983125 3038.65 79004.9 39.887875 3191.03 82966.78 41.8785 3350.28 87107.28 43.9675 3517.4 91452.4 Maintenance Worker I 20 8202 206 31.45693333 2359.27 61341.02 33.02933333 2477.2 64407.2 34.68106667 2601.08 67628.08 36.41493333 2731.12 71009.12 38.23533333 2867.65 74558.9 Maintenance Worker I-40 20 8203 207 31.743625 2539.49 66026.74 33.3205 2665.64 69306.64 34.993875 2799.51 72787.26 36.73925 2939.14 76417.64 38.581125 3086.49 80248.74 Maintenance Worker II 20 8204 208 34.60213333 2595.16 67474.16 36.332 2724.9 70847.4 38.14826667 2861.12 74389.12 40.056 3004.2 78109.2 42.05893333 3154.42 82014.92 Maintenance Worker II-40 20 8205 209 34.9095 2792.76 72611.76 36.655 2932.4 76242.4 38.496875 3079.75 80073.5 40.41075 3232.86 84054.36 42.433 3394.64 88260.64 Maintenance Worker III 20 8206 210 39.79186667 2984.39 77594.14 41.7816 3133.62 81474.12 43.8708 3290.31 85548.06 46.0644 3454.83 89825.58 48.36786667 3627.59 94317.34 280
Item # C12.
Maintenance Worker/Seasonal 70 8207 760 19.88 1590.4 41350.4 0 0 0 0 0 0 0 0 0 24.85 1988 51688 Management Analyst 80 2128 854 54.621 4369.68 113611.68 0 0 0 0 0 0 0 0 0 76.486125 6118.89 159091.14 Marketing Coordinator 50 5614 548 40.09625 3207.7 83400.2 42.101 3368.08 87570.08 44.205875 3536.47 91948.22 46.41625 3713.3 96545.8 48.737125 3898.97 101373.22 Mayor 60 1118 696 26.094 521.88 13568.88 0 0 0 0 0 0 0 0 0 26.094 521.88 13568.88 Office Assistant I 50 6108 516 27.126375 2170.11 56422.86 28.4825 2278.6 59243.6 29.906875 2392.55 62206.3 31.401625 2512.13 65315.38 32.971875 2637.75 68581.5 Office Assistant II 50 6109 517 29.837625 2387.01 62062.26 31.329 2506.32 65164.32 32.896375 2631.71 68424.46 34.541125 2763.29 71845.54 36.267375 2901.39 75436.14 Office Specialist 50 6110 518 34.313125 2745.05 71371.3 36.02925 2882.34 74940.84 37.831125 3026.49 78688.74 39.723125 3177.85 82624.1 41.70825 3336.66 86753.16 Patrol Officer 40 4401 404 50.99375 4079.5 106067 53.543375 4283.47 111370.22 56.22025 4497.62 116938.12 59.031375 4722.51 122785.26 61.9825 4958.6 128923.6 Patrol Officer Trainee 40 4402 458 49.898625 3991.89 103789.14 52.392625 4191.41 108976.66 55.012875 4401.03 114426.78 57.763125 4621.05 120147.3 60.65075 4852.06 126153.56 Payroll Specialist 50 5102 546 36.64725 2931.78 76226.28 38.479625 3078.37 80037.62 40.4035 3232.28 84039.28 42.423875 3393.91 88241.66 44.544375 3563.55 92652.3 Plan Check Engineer 50 3807 521 61.0755 4886.04 127037.04 64.122875 5129.83 133375.58 67.333375 5386.67 140053.42 70.694625 5655.57 147044.82 74.27575 5942.06 154493.56 Plan Checker 50 3803 522 52.08 4166.4 108326.4 54.683375 4374.67 113741.42 57.42225 4593.78 119438.28 60.284875 4822.79 125392.54 63.307625 5064.61 131679.86 Plan Review Manager 60 1210 678 65.183 5214.64 135580.64 0 0 0 0 0 0 0 0 0 84.7765 6782.12 176335.12 Planning Commissioners 70 1108 698 1 20 520 0 0 0 0 0 0 0 0 0 1 20 520 Planning Director 60 1803 607 83.947625 6715.81 174611.06 0 0 0 0 0 0 0 0 0 117.52675 9402.14 244455.64 Planning Manager 60 2803 602 63.981625 5118.53 133081.78 0 0 0 0 0 0 0 0 0 89.574125 7165.93 186314.18 Planning Technician 50 2813 554 38.000625 3040.05 79041.3 39.90475 3192.38 83001.88 41.90675 3352.54 87166.04 43.99425 3519.54 91508.04 46.191625 3695.33 96078.58 Police Assistant 40 6401 450 48.455125 3876.41 100786.66 50.877375 4070.19 105824.94 53.421125 4273.69 111115.94 56.0925 4487.4 116672.4 58.89725 4711.78 122506.28 Police Captain 60 1401 651 97.046875 7763.75 201857.5 0 0 0 0 0 0 0 0 0 135.865 10869.2 282599.2 Police Clerk I 40 6402 451 34.732125 2778.57 72242.82 36.468875 2917.51 75855.26 38.292125 3063.37 79647.62 40.206875 3216.55 83630.3 42.216375 3377.31 87810.06 Police Clerk II 40 6403 452 38.2045 3056.36 79465.36 40.11575 3209.26 83440.76 42.121375 3369.71 87612.46 44.22775 3538.22 91993.72 46.438125 3715.05 96591.3 Police Clerk Supervisor 40 6404 454 44.127125 3530.17 91784.42 46.333875 3706.71 96374.46 48.65 3892 101192 51.08275 4086.62 106252.12 53.63675 4290.94 111564.44 Police Evidence Technician 40 8607 459 40.516875 3241.35 84275.1 42.542375 3403.39 88488.14 44.66975 3573.58 92913.08 46.9035 3752.28 97559.28 49.2485 3939.88 102436.88 Police Lieutenant 40 2402 400 78.217 6257.36 162691.36 82.127875 6570.23 170825.98 86.234625 6898.77 179368.02 90.546625 7243.73 188336.98 95.073625 7605.89 197753.14 Police Officer 40 4403 403 55.762125 4460.97 115985.22 58.551125 4684.09 121786.34 61.478375 4918.27 127875.02 64.55175 5164.14 134267.64 67.780125 5422.41 140982.66 Police Officer Trainee 40 4404 457 54.5645 4365.16 113494.16 57.293375 4583.47 119170.22 60.1585 4812.68 125129.68 63.166 5053.28 131385.28 66.32425 5305.94 137954.44 Police Sergeant 40 4405 401 67.36225 5388.98 140113.48 70.7305 5658.44 147119.44 74.266875 5941.35 154475.1 77.98125 6238.5 162201 81.88025 6550.42 170310.92 Police Support Services Mgr 60 1404 657 62.051125 4964.09 129066.34 0 0 0 0 0 0 0 0 0 86.8755 6950.04 180701.04 Pool Manager 70 5608 708 18.74 1499.2 38979.2 0 0 0 0 0 0 0 0 0 26.23 2098.4 54558.4 Principal Civil Engineer 80 2204 822 65.183 5214.64 135580.64 0 0 0 0 0 0 0 0 0 84.7765 6782.12 176335.12 Principal Planner 80 2811 823 67.20525 5376.42 139786.92 0 0 0 0 0 0 0 0 0 81.396 6511.68 169303.68 Program Coordinator 50 5606 523 37.393125 2991.45 77777.7 0 0 0 0 0 0 0 0 0 49.2205 3937.64 102378.64 Public Information Officer 60 1122 674 61.5825 4926.6 128091.6 0 0 0 0 0 0 0 0 0 86.215625 6897.25 179328.5 Public Services Assistant I 50 6601 524 31.19425 2495.54 64884.04 32.75425 2620.34 68128.84 34.39225 2751.38 71535.88 36.11175 2888.94 75112.44 37.917125 3033.37 78867.62 Public Services Assistant II 50 6602 525 34.3135 2745.08 71372.08 36.029625 2882.37 74941.62 37.831 3026.48 78688.48 39.72325 3177.86 82624.36 41.70825 3336.66 86753.16 Public Works Director 60 1204 635 86.319875 6905.59 179545.34 0 0 0 0 0 0 0 0 0 120.848125 9667.85 251364.1 Public Works Inspector 50 3202 526 50.367625 4029.41 104764.66 52.8865 4230.92 110003.92 55.53025 4442.42 115502.92 58.307125 4664.57 121278.82 61.222125 4897.77 127342.02 Public Works Manager 60 1117 648 57.452125 4596.17 119500.42 0 0 0 0 0 0 0 0 0 80.432875 6434.63 167300.38 Purchasing Agent 80 1106 826 53.812 4304.96 111928.96 0 0 0 0 0 0 0 0 0 69.4025 5552.2 144357.2 Recreation Administrative Asst 70 5619 712 16.4 1312 34112 0 0 0 0 0 0 0 0 0 21.56 1724.8 44844.8 Recreation Attendant 70 5618 711 16.4 1312 34112 0 0 0 0 0 0 0 0 0 21.56 1724.8 44844.8 Recreation Instructors 70 5607 707 18.82 1505.6 39145.6 0 0 0 0 0 0 0 0 0 37.64 3011.2 78291.2 Recreation Leader 70 5617 706 16.4 1312 34112 0 0 0 0 0 0 0 0 0 21.56 1724.8 44844.8 Recreation Services Supervisor 80 2601 827 51.40425 4112.34 106920.84 0 0 0 0 0 0 0 0 0 67.654875 5412.39 140722.14 Recreation Svcs Assistant I 50 8601 527 17.632375 1410.59 36675.34 18.51375 1481.1 38508.6 19.44 1555.2 40435.2 20.4115 1632.92 42455.92 21.432625 1714.61 44579.86 Recreation Svcs Assistant II 50 8602 528 20.93525 1674.82 43545.32 21.98425 1758.74 45727.24 23.082875 1846.63 48012.38 24.237625 1939.01 50414.26 25.448875 2035.91 52933.66 Recreation Svcs Assistant III 50 8603 529 24.064625 1925.17 50054.42 25.26725 2021.38 52555.88 26.53075 2122.46 55183.96 27.857125 2228.57 57942.82 29.2505 2340.04 60841.04 Recreation Svcs Assistant IV 50 8604 530 28.23425 2258.74 58727.24 29.64575 2371.66 61663.16 31.128 2490.24 64746.24 32.684625 2614.77 67984.02 34.318625 2745.49 71382.74 Retired Annuitant - Extra Help 70 5107 747 50 4000 104000 0 0 0 0 0 0 0 0 0 125 10000 260000 Retired Annuitant - Interim 70 5108 748 50 4000 104000 0 0 0 0 0 0 0 0 0 125 10000 260000 Risk Analyst 80 2130 857 42.48475 3398.78 88368.28 0 0 0 0 0 0 0 0 0 55.922875 4473.83 116319.58 Senior Accountant 80 2110 829 47.823 3825.84 99471.84 0 0 0 0 0 0 0 0 0 62.945625 5035.65 130926.9 Senior Accounting Technician 50 6106 539 37.744875 3019.59 78509.34 39.6325 3170.6 82435.6 41.614 3329.12 86557.12 43.695125 3495.61 90885.86 45.879375 3670.35 95429.1 Senior Administrative Analyst 80 2112 834 52.822125 4225.77 109870.02 0 0 0 0 0 0 0 0 0 69.532625 5562.61 144627.86 Senior Building Inspector 50 3804 531 58.17425 4653.94 121002.44 61.08375 4886.7 127054.2 64.1375 5131 133406 67.344 5387.52 140075.52 70.711375 5656.91 147079.66 Senior Buyer 80 2129 856 50.761 4060.88 105582.88 0 0 0 0 0 0 0 0 0 61.79975 4943.98 128543.48 Senior Executive Assistant 80 6123 855 45.499125 3639.93 94638.18 0 0 0 0 0 0 0 0 0 59.887375 4790.99 124565.74 Senior HR Analyst 80 2122 841 49.319 3945.52 102583.52 0 0 0 0 0 0 0 0 0 64.9185 5193.48 135030.48 Senior Plan Check Engineer 50 3806 534 67.182875 5374.63 139740.38 70.544 5643.52 146731.52 74.068 5925.44 154061.44 77.767625 6221.41 161756.66 81.655125 6532.41 169842.66 Senior Planner 80 2805 830 61.609625 4928.77 128148.02 0 0 0 0 0 0 0 0 0 74.889 5991.12 155769.12 Senior Public Works Inspector 50 3203 535 58.174625 4653.97 121003.22 61.08375 4886.7 127054.2 64.137625 5131.01 133406.26 67.344 5387.52 140075.52 70.711375 5656.91 147079.66 Senior Public Works Lead 20 8609 225 53.220125 4257.61 110697.86 55.881125 4470.49 116232.74 58.67525 4694.02 122044.52 61.60875 4928.7 128146.2 64.691 5175.28 134557.28 Special Project Associate 70 5105 750 20 1600 41600 0 0 0 0 0 0 0 0 0 50 4000 104000 Special Project Associate 70 8605 750 20 1600 41600 0 0 0 0 0 0 0 0 0 50 4000 104000 Sr Code Enforcement Officer 50 5806 545 51.683 4134.64 107500.64 54.257 4340.56 112854.56 56.97725 4558.18 118512.68 59.83025 4786.42 124446.92 62.815625 5025.25 130656.5 Sr. Public Services Assistant 50 5615 549 38.2745 3061.96 79610.96 40.18825 3215.06 83591.56 42.197625 3375.81 87771.06 44.3075 3544.6 92159.6 46.522875 3721.83 96767.58 281
Item # C12.
Sr. Special Projects Associate 70 5106 749 50 4000 104000 0 0 0 0 0 0 0 0 0 125 10000 260000 Staff Assistant 70 5104 745 16.4 1312 34112 0 0 0 0 0 0 0 0 0 24.64 1971.2 51251.2 Student Intern 70 5103 740 16.4 1312 34112 0 0 0 0 0 0 0 0 0 24.64 1971.2 51251.2 Transporation & Traffic Mgr 60 1202 675 61.5825 4926.6 128091.6 0 0 0 0 0 0 0 0 0 86.215625 6897.25 179328.5 Water Meter Technician I 20 8104 216 31.4556 2359.17 61338.42 33.02933333 2477.2 64407.2 34.68093333 2601.07 67627.82 36.41413333 2731.06 71007.56 38.2352 2867.64 74558.64 Water Meter Technician I -40 20 8620 235 31.458 2516.64 65432.64 33.031 2642.48 68704.48 34.677625 2774.21 72129.46 36.41025 2912.82 75733.32 38.241375 3059.31 79542.06 Water Meter Technician II 20 8105 217 34.60213333 2595.16 67474.16 36.33173333 2724.88 70846.88 38.14813333 2861.11 74388.86 40.05573333 3004.18 78108.68 42.05893333 3154.42 82014.92 Water Meter Technician II -40 20 8621 236 34.60375 2768.3 71975.8 36.336625 2906.93 75580.18 38.143 3051.44 79337.44 40.06 3204.8 83324.8 42.063 3365.04 87491.04 Water Systems Operator 20 7211 219 48.08973333 3606.73 93774.98 50.48906667 3786.68 98453.68 53.0184 3976.38 103385.88 55.66946667 4175.21 108555.46 58.4532 4383.99 113983.74 Water Systems Operator - 40 20 8622 237 48.09075 3847.26 100028.76 50.490625 4039.25 105020.5 53.014125 4241.13 110269.38 55.6715 4453.72 115796.72 58.4525 4676.2 121581.2 282
Item # C12.
9/30/2022 CITY OF MILPITAS - HUMAN RESOURCES
All Job Classifications/Salary Table Effective 07/03/2022
Step A Step B Step C Step D Step E
Classification Union Code Occ Code Pay Grade Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Accountant 50 2101 500 47.90 3,831.91 99,629.66 50.29 4,023.48 104,610.48 52.80 4,223.84 109,819.84 55.45 4,436.02 115,336.52 58.21 4,657.02 121,082.52 Accounting Technician I 50 6104 513 31.19 2,495.54 64,884.04 32.75 2,620.34 68,128.84 34.39 2,751.36 71,535.36 36.11 2,888.92 75,111.92 37.92 3,033.37 78,867.62 Accounting Technician II 50 6105 514 34.31 2,745.08 71,372.08 36.03 2,882.37 74,941.62 37.83 3,026.49 78,688.74 39.72 3,177.85 82,624.10 41.71 3,336.66 86,753.16 Administrative Analyst I 80 2102 801 41.20 3,295.90 85,693.40 - - - - - - - - - 54.24 4,338.84 112,809.84 Administrative Analyst II 80 2103 802 45.50 3,639.93 94,638.18 - - - - - - - - - 59.89 4,790.99 124,565.74 Administrative Assistant 80 6111 828 39.30 3,144.37 81,753.62 41.27 3,301.59 85,841.34 43.33 3,466.69 90,133.94 45.50 3,640.00 94,640.00 47.77 3,821.99 99,371.74 Adult Crossing Guard 70 8401 725 16.40 1,312.00 34,112.00 - - - - - - - - - 18.46 1,476.80 38,396.80 Adult Crossing Guard Superviso 70 8402 720 17.71 1,416.80 36,836.80 - - - - - - - - - 21.21 1,696.80 44,116.80 Assistant Chief of Police 60 1405 649 101.90 8,152.23 211,957.98 - - - - - - - - - 142.66 11,413.12 296,741.12 Assistant City Attorney 60 1113 645 76.92 6,153.85 160,000.10 - - - - - - - - - 104.13 8,330.23 216,585.98 Assistant City Engineer 60 1205 639 72.46 5,796.43 150,707.18 - - - - - - - - - 101.44 8,115.00 210,990.00 Assistant City Manager 60 1104 666 96.52 7,721.90 200,769.40 - - - - - - - - - 135.13 10,810.67 281,077.42 Assistant Engineer 50 2201 502 51.90 4,151.81 107,947.06 54.49 4,359.39 113,344.14 57.22 4,577.35 119,011.10 60.08 4,806.25 124,962.50 63.08 5,046.59 131,211.34 Assistant Finance Director 60 1109 669 69.46 5,557.07 144,483.82 - - - - - - - - - 97.25 7,780.09 202,282.34 Assistant Fire Marshal 60 2501 632 78.14 6,251.40 162,536.40 - - - - - - - - - 109.40 8,751.98 227,551.48 Assistant Planner 50 2801 503 49.76 3,981.04 103,507.04 52.25 4,180.19 108,684.94 54.86 4,388.45 114,099.70 57.60 4,607.82 119,803.32 60.48 4,838.31 125,796.06 Assistant Pool Manager 70 5609 709 17.45 1,396.00 36,296.00 - - - - - - - - - 24.44 1,955.20 50,835.20 Assistant Water Operator 20 7212 221 42.68 3,201.07 83,227.82 44.82 3,361.13 87,389.38 47.06 3,529.18 91,758.68 49.41 3,705.62 96,346.12 51.88 3,890.93 101,164.18 Assistant Water Operator - 40 20 8611 226 42.68 3,414.18 88,768.68 44.82 3,585.23 93,215.98 47.05 3,764.15 97,867.90 49.41 3,952.90 102,775.40 51.88 4,150.51 107,913.26 Associate Civil Engineer 50 2202 504 59.68 4,774.56 124,138.56 62.67 5,013.32 130,346.32 65.80 5,263.99 136,863.74 69.09 5,527.19 143,706.94 72.54 5,803.57 150,892.82 Associate Planner 50 2802 505 57.22 4,577.47 119,014.22 60.09 4,806.96 124,980.96 63.09 5,047.56 131,236.56 66.24 5,299.28 137,781.28 69.55 5,564.14 144,667.64 Budget Manager 80 1115 839 60.06 4,804.40 124,914.40 - - - - - - - - - 79.05 6,324.00 164,424.00 Building & Housing Director 60 1802 658 83.95 6,715.81 174,611.06 - - - - - - - - - 117.53 9,402.14 244,455.64 Building Inspection Manager 80 3809 848 62.56 5,005.07 130,131.82 - - - - - - - - - 76.05 6,083.74 158,177.24 Building Inspector Apprentice 70 8610 770 28.00 2,240.00 58,240.00 - - - - - - - - - 35.00 2,800.00 72,800.00 Building Official 60 1804 676 73.84 5,907.33 153,590.58 - - - - - - - - - 103.38 8,270.26 215,026.76 Building Permit Technician 50 5801 508 38.00 3,040.05 79,041.30 39.90 3,192.38 83,001.88 41.91 3,352.54 87,166.04 43.99 3,519.54 91,508.04 46.19 3,695.33 96,078.58 Building/NP Inspector 50 3801 507 50.37 4,029.41 104,764.66 52.89 4,230.92 110,003.92 55.53 4,442.42 115,502.92 58.31 4,664.57 121,278.82 61.22 4,897.77 127,342.02 Business Systems Analyst/Dev 80 2119 853 54.92 4,393.67 114,235.42 - - - - - - - - - 72.29 5,783.41 150,368.66 Buyer 80 2106 803 40.83 3,266.02 84,916.52 - - - - - - - - - 53.74 4,299.10 111,776.60 CIP Manager 60 2211 642 63.79 5,103.11 132,680.86 - - - - - - - - - 89.31 7,144.92 185,767.92 Case Manager 50 5612 544 34.05 2,723.90 70,821.40 - - - - - - - - - 42.49 3,399.37 88,383.62 Chief Fire Enforcement Officer 60 1505 656 68.25 5,459.80 141,954.80 - - - - - - - - - 95.55 7,643.72 198,736.72 Chief of Police 60 1402 650 106.99 8,559.59 222,549.34 - - - - - - - - - 149.79 11,983.45 311,569.70 City Attorney 60 1112 644 99.96 7,997.00 207,922.00 - - - - - - - - - 124.95 9,996.27 259,903.02 City Clerk 60 1101 605 63.83 5,106.48 132,768.48 - - - - - - - - - 89.37 7,149.88 185,896.88 City Manager 60 1102 697 160.75 12,860.28 334,367.28 - - - - - - - - - 160.75 12,860.28 334,367.28 Code Enforcement Officer 50 5804 515 44.04 3,523.20 91,603.20 46.24 3,699.41 96,184.66 48.56 3,885.17 101,014.42 50.99 4,079.42 106,064.92 53.54 4,283.25 111,364.50 Comm Svc Engmt & Incl Admin 60 1121 659 65.87 5,269.32 137,002.32 - - - - - - - - - 92.21 7,377.05 191,803.30 Communications Dispatch Superv 40 6409 456 55.09 4,406.81 114,577.06 57.84 4,627.15 120,305.90 60.73 4,858.52 126,321.52 63.77 5,101.45 132,637.70 66.96 5,356.53 139,269.78 Communications Dispatcher 40 6408 455 47.69 3,815.58 99,205.08 50.08 4,006.34 104,164.84 52.58 4,206.64 109,372.64 55.21 4,416.94 114,840.44 57.97 4,637.80 120,582.80 Community Service Officer 50 5807 551 42.14 3,370.92 87,643.92 44.24 3,539.47 92,026.22 46.46 3,716.45 96,627.70 48.78 3,902.26 101,458.76 51.22 4,097.40 106,532.40 Councilmember 60 1107 699 20.87 417.40 10,852.40 - - - - - - - - - 20.87 417.40 10,852.40 Crime Analyst 80 2105 809 49.32 3,945.49 102,582.74 - - - - - - - - - 64.92 5,193.48 135,030.48 Customer Services Supervisor 80 2127 847 47.82 3,825.84 99,471.84 - - - - - - - - - 62.95 5,035.65 130,926.90 Deputy City Attorney 60 1114 646 60.10 4,807.69 124,999.94 - - - - - - - - - 83.30 6,664.15 173,267.90 Deputy City Clerk 80 6102 835 46.96 3,756.97 97,681.22 - - - - - - - - - 57.08 4,566.61 118,731.86 Deputy City Manager 60 1119 672 94.59 7,567.46 196,753.96 - - - - - - - - - 132.38 10,590.05 275,341.30 Deputy Director of IT 60 1123 679 76.44 6,115.38 158,999.88 - - - - - - - - - 97.89 7,831.54 203,620.04 Deputy Fire Chief 60 1504 633 98.47 7,877.33 204,810.58 - - - - - - - - - 137.85 11,028.26 286,734.76 Deputy Public Works Director 60 1207 654 74.46 5,956.90 154,879.40 - - - - - - - - - 104.25 8,339.67 216,831.42 Digital Media Specialist 80 2121 840 42.48 3,398.78 88,368.28 - - - - - - - - - 55.92 4,473.83 116,319.58 Dir of Recr & Community Svcs 60 1208 655 82.21 6,576.74 170,995.24 - - - - - - - - - 115.32 9,225.38 239,859.88 Economic Development Coord 80 8623 852 51.82 4,145.85 107,792.10 - - - - - - - - - 64.26 5,140.80 133,660.80 Economic Development Director 60 1206 653 77.22 6,177.54 160,616.04 - - - - - - - - - 108.11 8,648.53 224,861.78 Economic Development Spec 80 8606 850 49.35 3,948.09 102,650.34 - - - - - - - - - 59.57 4,765.74 123,909.24 Electrical/Building Inspector 50 3802 511 52.89 4,230.91 110,003.66 55.53 4,442.42 115,502.92 58.31 4,664.56 121,278.56 61.22 4,897.77 127,342.02 64.28 5,142.67 133,709.42 Emergency Services Coordinator 80 2502 836 54.53 4,362.00 113,412.00 - - - - - - - - - 71.76 5,740.98 149,265.48 Employee Relations Officer 60 1209 677 63.98 5,118.53 133,081.78 - - - - - - - - - 89.57 7,165.93 186,314.18 283
Item # C12.
9/30/2022 CITY OF MILPITAS - HUMAN RESOURCES
All Job Classifications/Salary Table Effective 07/03/2022
Step A Step B Step C Step D Step E
Classification Union Code Occ Code Pay Grade Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Engineering Aide 50 3201 512 41.27 3,301.75 85,845.50 43.34 3,466.85 90,138.10 45.50 3,640.17 94,644.42 47.78 3,822.16 99,376.16 50.17 4,013.27 104,345.02 Engineering Director/City Eng 60 1201 606 83.95 6,715.81 174,611.06 - - - - - - - - - 117.53 9,402.14 244,455.64 Engineering Permit Technician 50 2210 540 37.15 2,972.15 77,275.90 39.01 3,120.77 81,140.02 40.96 3,276.79 85,196.54 43.01 3,440.59 89,455.34 45.16 3,612.64 93,928.64 Entry Firefighter/EMT - 40 10 4512 115 48.54 3,883.39 100,968.14 50.48 4,038.73 105,006.98 - - - - - - - - - Entry Firefighter/EMT - 56 10 4510 112 34.67 3,883.39 100,968.14 36.06 4,038.73 105,006.98 - - - - - - - - - Entry Firefighter/Paramedic-40 10 4513 116 54.37 4,349.39 113,084.14 56.54 4,523.39 117,608.14 - - - - - - - - - Entry Firefighter/Paramedic-56 10 4511 113 38.83 4,349.39 113,084.14 40.39 4,523.39 117,608.14 - - - - - - - - - Entry Level Fire Inspector 10 3508 114 42.32 3,385.74 88,029.24 44.44 3,555.03 92,430.78 46.66 3,732.79 97,052.54 48.99 3,919.43 101,905.18 50.97 4,077.95 106,026.70 Envir & Regulatory Comply Spec 80 8624 851 52.67 4,213.67 109,555.42 - - - - - - - - - 69.33 5,546.40 144,206.40 Environmental Inspector 50 2213 553 52.89 4,230.91 110,003.66 55.53 4,442.45 115,503.70 58.31 4,664.58 121,279.08 61.22 4,897.80 127,342.80 64.28 5,142.67 133,709.42 Equip Maint Worker I - 40 20 8612 227 39.04 3,123.39 81,208.14 40.97 3,277.99 85,227.74 43.03 3,442.18 89,496.68 45.19 3,614.99 93,989.74 47.44 3,795.50 98,683.00 Equip Maint Worker II - 40 20 8613 228 42.93 3,434.48 89,296.48 45.08 3,606.37 93,765.62 47.34 3,786.86 98,458.36 49.71 3,976.96 103,400.96 52.20 4,175.72 108,568.72 Equip Maint Worker III - 40 20 8614 229 48.37 3,869.43 100,605.18 50.79 4,063.38 105,647.88 53.34 4,266.95 110,940.70 56.00 4,480.11 116,482.86 58.81 4,704.78 122,324.28 Equipment Maint. Worker I 20 7202 200 38.80 2,910.05 75,661.30 40.74 3,055.56 79,444.56 42.78 3,208.37 83,417.62 44.92 3,368.78 87,588.28 47.16 3,537.21 91,967.46 Equipment Maint. Worker II 20 7203 201 42.68 3,201.07 83,227.82 44.82 3,361.13 87,389.38 47.06 3,529.18 91,758.68 49.41 3,705.62 96,346.12 51.88 3,890.93 101,164.18 Equipment Maint. Worker III 20 7204 202 48.09 3,606.74 93,775.24 50.49 3,787.01 98,462.26 53.02 3,976.39 103,386.14 55.67 4,175.21 108,555.46 58.45 4,383.99 113,983.74 Executive Assistant 80 6117 812 43.23 3,458.31 89,916.06 45.39 3,631.25 94,412.50 47.66 3,812.81 99,133.06 50.04 4,003.44 104,089.44 52.55 4,203.62 109,294.12 FF/Paramedic Trainee - 40 10 4504 107 52.28 4,182.11 108,734.86 52.28 4,182.11 108,734.86 52.28 4,182.11 108,734.86 52.28 4,182.11 108,734.86 52.28 4,182.11 108,734.86 FF/Paramedic Trainee - 56 10 4514 155 37.34 4,182.11 108,734.86 37.34 4,182.11 108,734.86 37.34 4,182.11 108,734.86 37.34 4,182.11 108,734.86 37.34 4,182.11 108,734.86 Finance Director 60 1103 627 84.31 6,744.97 175,369.22 - - - - - - - - - 118.03 9,442.21 245,497.46 Finance Manager 60 1116 647 59.50 4,760.30 123,767.80 - - - - - - - - - 83.31 6,664.46 173,275.96 Financial Analyst I 80 2125 844 38.47 3,077.45 80,013.70 - - - - - - - - - 50.64 4,050.83 105,321.58 Financial Analyst II 80 2126 845 42.48 3,398.78 88,368.28 - - - - - - - - - 55.92 4,473.83 116,319.58 Fire Battalion Chief 10 2508 153 52.44 5,873.58 152,713.08 - - - - - - - - - 73.42 8,223.01 213,798.26 Fire Battalion Chief - 40 10 2509 154 73.42 5,873.58 152,713.08 - - - - - - - - - 102.79 8,223.01 213,798.26 Fire Captain 10 2504 100 45.90 5,140.39 133,650.14 48.13 5,390.99 140,165.74 50.48 5,654.12 147,007.12 52.95 5,930.37 154,189.62 55.54 6,220.47 161,732.22 Fire Captain - 40 10 2507 108 64.25 5,140.39 133,650.14 67.39 5,390.99 140,165.74 70.68 5,654.12 147,007.12 74.13 5,930.37 154,189.62 77.76 6,220.47 161,732.22 Fire Chief 60 1502 630 108.56 8,684.85 225,806.10 - - - - - - - - - 151.99 12,158.82 316,129.32 Fire Engineer/EMT 10 4501 102 40.47 4,532.80 117,852.80 42.44 4,753.02 123,578.52 44.50 4,984.22 129,589.72 46.67 5,226.98 135,901.48 48.95 5,481.88 142,528.88 Fire Engineer/EMT - 40 10 4515 156 56.66 4,532.80 117,852.80 59.41 4,753.02 123,578.52 62.30 4,984.22 129,589.72 65.34 5,226.98 135,901.48 68.52 5,481.88 142,528.88 Fire Engineer/Paramedic 10 4505 151 45.19 5,061.24 131,592.24 47.39 5,307.92 138,005.92 49.70 5,566.86 144,738.36 52.13 5,838.72 151,806.72 54.68 6,124.23 159,229.98 Fire Prevention Inspector 10 3501 106 64.88 5,190.53 134,953.78 68.05 5,443.63 141,534.38 71.37 5,709.37 148,443.62 74.85 5,988.39 155,698.14 78.52 6,281.37 163,315.62 Fire Protection Engineer 10 3507 110 64.88 5,190.53 134,953.78 68.05 5,443.63 141,534.38 71.37 5,709.37 148,443.62 74.85 5,988.39 155,698.14 78.52 6,281.37 163,315.62 Firefighter/EMT 10 4502 103 37.82 4,236.39 110,146.14 39.66 4,441.71 115,484.46 41.58 4,657.36 121,091.36 43.61 4,883.81 126,979.06 45.73 5,121.48 133,158.48 Firefighter/EMT Trainee - 40 10 4509 109 46.68 3,734.04 97,085.04 46.68 3,734.04 97,085.04 46.68 3,734.04 97,085.04 46.68 3,734.04 97,085.04 46.68 3,734.04 97,085.04 Firefighter/Paramedic 10 4503 104 42.23 4,729.28 122,961.28 44.28 4,959.20 128,939.20 46.44 5,200.75 135,219.50 48.70 5,454.30 141,811.80 51.08 5,720.60 148,735.60 Fitness Instructor 70 5620 713 35.00 2,800.00 72,800.00 - - - - - - - - - 75.00 6,000.00 156,000.00 Fleet Maint Worker I -40 20 8615 230 37.27 2,981.63 77,522.38 39.14 3,131.07 81,407.82 41.09 3,287.37 85,471.62 43.14 3,451.54 89,740.04 45.31 3,624.57 94,238.82 Fleet Maint Worker II - 40 20 8616 231 40.99 3,279.51 85,267.26 43.05 3,443.67 89,535.42 45.20 3,615.70 94,008.20 47.46 3,796.60 98,711.60 49.83 3,986.34 103,644.84 Fleet Maint Worker III -40 20 8617 232 47.15 3,772.01 98,072.26 49.51 3,960.78 102,980.28 51.98 4,158.37 108,117.62 54.57 4,365.78 113,510.28 57.31 4,585.00 119,210.00 Fleet Maintenance Worker I 20 7207 213 37.27 2,795.30 72,677.80 39.13 2,935.03 76,310.78 41.09 3,081.81 80,127.06 43.14 3,235.84 84,131.84 45.30 3,397.65 88,338.90 Fleet Maintenance Worker II 20 7208 214 41.00 3,074.84 79,945.84 43.05 3,228.54 83,942.04 45.20 3,390.00 88,140.00 47.46 3,559.51 92,547.26 49.83 3,737.41 97,172.66 Fleet Maintenance Worker III 20 7209 215 47.15 3,536.02 91,936.52 49.50 3,712.81 96,533.06 51.98 3,898.42 101,358.92 54.58 4,093.33 106,426.58 57.31 4,298.07 111,749.82 GIS Technician 50 2212 552 51.90 4,151.81 107,947.06 54.49 4,359.39 113,344.14 57.22 4,577.38 119,011.88 60.08 4,806.23 124,961.98 63.08 5,046.61 131,211.86 Hazardous Materials Inspector 10 3502 105 64.88 5,190.53 134,953.78 68.05 5,443.63 141,534.38 71.37 5,709.37 148,443.62 74.85 5,988.39 155,698.14 78.52 6,281.37 163,315.62 Housing Authority Adminr 60 1120 673 62.12 4,969.45 129,205.70 - - - - - - - - - 86.96 6,957.19 180,886.94 Human Resources Analyst I 80 2124 843 41.20 3,295.90 85,693.40 - - - - - - - - - 54.24 4,338.84 112,809.84 Human Resources Analyst II 80 2123 842 45.50 3,639.93 94,638.18 - - - - - - - - - 59.89 4,790.99 124,565.74 Human Resources Assistant 80 2108 846 29.35 2,347.82 61,043.32 30.81 2,465.13 64,093.38 32.35 2,588.38 67,297.88 33.97 2,717.81 70,663.06 35.67 2,853.69 74,195.94 Human Resources Director 60 1105 613 83.84 6,707.02 174,382.52 - - - - - - - - - 117.37 9,389.86 244,136.36 Human Resources Technician 80 2107 816 35.60 2,847.61 74,037.86 37.38 2,990.61 77,755.86 39.24 3,139.47 81,626.22 41.21 3,297.06 85,723.56 43.27 3,461.48 89,998.48 I T Director 60 2113 624 82.73 6,618.79 172,088.54 - - - - - - - - - 115.83 9,266.29 240,923.54 I T Manager 80 2116 819 62.02 4,961.81 129,007.06 - - - - - - - - - 81.64 6,531.56 169,820.56 I T Technician 50 3101 542 41.29 3,303.34 85,886.84 43.36 3,468.49 90,180.74 45.52 3,641.87 94,688.62 47.80 3,823.97 99,423.22 50.19 4,015.19 104,394.94 Information Services Analyst 80 2118 831 52.17 4,173.96 108,522.96 - - - - - - - - - 68.68 5,494.16 142,848.16 Junior Engineer 50 2203 519 47.18 3,774.35 98,133.10 49.54 3,963.08 103,040.08 52.02 4,161.23 108,191.98 54.62 4,369.29 113,601.54 57.35 4,587.76 119,281.76 Junior Planner 50 2804 520 42.72 3,417.27 88,849.02 44.85 3,588.15 93,291.90 47.09 3,767.54 97,956.04 49.45 3,955.97 102,855.22 51.92 4,153.72 107,996.72 Legal Assistant 60 1124 689 39.30 3,144.37 81,753.62 41.27 3,301.59 85,841.34 43.33 3,466.69 90,133.94 45.50 3,640.00 94,640.00 47.77 3,821.99 99,371.74 Lifeguard 70 5610 710 16.40 1,312.00 34,112.00 - - - - - - - - - 21.56 1,724.80 44,844.80 284
Item # C12.
9/30/2022 CITY OF MILPITAS - HUMAN RESOURCES
All Job Classifications/Salary Table Effective 07/03/2022
Step A Step B Step C Step D Step E
Classification Union Code Occ Code Pay Grade Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Maint Worker III - 40 20 8619 234 40.15 3,211.67 83,503.42 42.16 3,372.50 87,685.00 44.26 3,541.02 92,066.52 46.48 3,718.22 96,673.72 48.80 3,904.09 101,506.34 Maintenance Assistant 20 8625 238 24.48 1,958.40 50,918.40 25.64 2,051.20 53,331.20 26.84 2,147.20 55,827.20 28.11 2,248.80 58,468.80 29.43 2,354.40 61,214.40 Maintenance Custodian I 20 8101 203 28.60 2,144.74 55,763.24 30.03 2,251.98 58,551.48 31.53 2,364.60 61,479.60 33.10 2,482.83 64,553.58 34.76 2,606.97 67,781.22 Maintenance Custodian I - 40 20 8107 222 28.60 2,287.74 59,481.24 30.03 2,402.10 62,454.60 31.53 2,522.22 65,577.72 33.10 2,648.35 68,857.10 34.76 2,780.74 72,299.24 Maintenance Custodian II 20 8102 204 31.46 2,359.27 61,341.02 33.03 2,477.20 64,407.20 34.68 2,601.08 67,628.08 36.41 2,731.06 71,007.56 38.24 2,867.65 74,558.90 Maintenance Custodian II - 40 20 8108 223 31.46 2,516.55 65,430.30 33.03 2,642.32 68,700.32 34.68 2,774.47 72,136.22 36.41 2,913.14 75,741.64 38.24 3,058.86 79,530.36 Maintenance Custodian III 20 8103 205 36.17 2,713.10 70,540.60 37.98 2,848.74 74,067.24 39.88 2,991.18 77,770.68 41.88 3,140.75 81,659.50 43.97 3,297.83 85,743.58 Maintenance Custodian III - 40 20 8618 233 36.18 2,894.16 75,248.16 37.98 3,038.65 79,004.90 39.89 3,191.03 82,966.78 41.88 3,350.28 87,107.28 43.97 3,517.40 91,452.40 Maintenance Worker I 20 8202 206 31.46 2,359.27 61,341.02 33.03 2,477.20 64,407.20 34.68 2,601.08 67,628.08 36.41 2,731.12 71,009.12 38.24 2,867.65 74,558.90 Maintenance Worker I-40 20 8203 207 31.74 2,539.49 66,026.74 33.32 2,665.64 69,306.64 34.99 2,799.51 72,787.26 36.74 2,939.14 76,417.64 38.58 3,086.49 80,248.74 Maintenance Worker II 20 8204 208 34.60 2,595.16 67,474.16 36.33 2,724.90 70,847.40 38.15 2,861.12 74,389.12 40.06 3,004.20 78,109.20 42.06 3,154.42 82,014.92 Maintenance Worker II-40 20 8205 209 34.91 2,792.76 72,611.76 36.66 2,932.40 76,242.40 38.50 3,079.75 80,073.50 40.41 3,232.86 84,054.36 42.43 3,394.64 88,260.64 Maintenance Worker III 20 8206 210 39.79 2,984.39 77,594.14 41.78 3,133.62 81,474.12 43.87 3,290.31 85,548.06 46.06 3,454.83 89,825.58 48.37 3,627.59 94,317.34 Maintenance Worker/Seasonal 70 8207 760 19.88 1,590.40 41,350.40 - - - - - - - - - 24.85 1,988.00 51,688.00 Management Analyst 80 2128 854 54.62 4,369.68 113,611.68 - - - - - - - - - 76.49 6,118.89 159,091.14 Marketing Coordinator 50 5614 548 40.10 3,207.70 83,400.20 42.10 3,368.08 87,570.08 44.21 3,536.47 91,948.22 46.42 3,713.30 96,545.80 48.74 3,898.97 101,373.22 Mayor 60 1118 696 26.09 521.88 13,568.88 - - - - - - - - - 26.09 521.88 13,568.88 Office Assistant I 50 6108 516 27.13 2,170.11 56,422.86 28.48 2,278.60 59,243.60 29.91 2,392.55 62,206.30 31.40 2,512.13 65,315.38 32.97 2,637.75 68,581.50 Office Assistant II 50 6109 517 29.84 2,387.01 62,062.26 31.33 2,506.32 65,164.32 32.90 2,631.71 68,424.46 34.54 2,763.29 71,845.54 36.27 2,901.39 75,436.14 Office Specialist 50 6110 518 34.31 2,745.05 71,371.30 36.03 2,882.34 74,940.84 37.83 3,026.49 78,688.74 39.72 3,177.85 82,624.10 41.71 3,336.66 86,753.16 Patrol Officer 40 4401 404 50.99 4,079.50 106,067.00 53.54 4,283.47 111,370.22 56.22 4,497.62 116,938.12 59.03 4,722.51 122,785.26 61.98 4,958.60 128,923.60 Patrol Officer Trainee 40 4402 458 49.90 3,991.89 103,789.14 52.39 4,191.41 108,976.66 55.01 4,401.03 114,426.78 57.76 4,621.05 120,147.30 60.65 4,852.06 126,153.56 Payroll Specialist 50 5102 546 36.65 2,931.78 76,226.28 38.48 3,078.37 80,037.62 40.40 3,232.28 84,039.28 42.42 3,393.91 88,241.66 44.54 3,563.55 92,652.30 Plan Check Engineer 50 3807 521 61.08 4,886.04 127,037.04 64.12 5,129.83 133,375.58 67.33 5,386.67 140,053.42 70.69 5,655.57 147,044.82 74.28 5,942.06 154,493.56 Plan Checker 50 3803 522 52.08 4,166.40 108,326.40 54.68 4,374.67 113,741.42 57.42 4,593.78 119,438.28 60.28 4,822.79 125,392.54 63.31 5,064.61 131,679.86 Plan Review Manager 60 1210 678 65.18 5,214.64 135,580.64 - - - - - - - - - 84.78 6,782.12 176,335.12 Planning Commissioners 70 1108 698 1.00 20.00 520.00 - - - - - - - - - 1.00 20.00 520.00 Planning Director 60 1803 607 83.95 6,715.81 174,611.06 - - - - - - - - - 117.53 9,402.14 244,455.64 Planning Manager 60 2803 602 63.98 5,118.53 133,081.78 - - - - - - - - - 89.57 7,165.93 186,314.18 Planning Technician 50 2813 554 38.00 3,040.05 79,041.30 39.90 3,192.38 83,001.88 41.91 3,352.54 87,166.04 43.99 3,519.54 91,508.04 46.19 3,695.33 96,078.58 Police Assistant 40 6401 450 48.46 3,876.41 100,786.66 50.88 4,070.19 105,824.94 53.42 4,273.69 111,115.94 56.09 4,487.40 116,672.40 58.90 4,711.78 122,506.28 Police Captain 60 1401 651 97.05 7,763.75 201,857.50 - - - - - - - - - 135.87 10,869.20 282,599.20 Police Clerk I 40 6402 451 34.73 2,778.57 72,242.82 36.47 2,917.51 75,855.26 38.29 3,063.37 79,647.62 40.21 3,216.55 83,630.30 42.22 3,377.31 87,810.06 Police Clerk II 40 6403 452 38.20 3,056.36 79,465.36 40.12 3,209.26 83,440.76 42.12 3,369.71 87,612.46 44.23 3,538.22 91,993.72 46.44 3,715.05 96,591.30 Police Clerk Supervisor 40 6404 454 44.13 3,530.17 91,784.42 46.33 3,706.71 96,374.46 48.65 3,892.00 101,192.00 51.08 4,086.62 106,252.12 53.64 4,290.94 111,564.44 Police Evidence Technician 40 8607 459 40.52 3,241.35 84,275.10 42.54 3,403.39 88,488.14 44.67 3,573.58 92,913.08 46.90 3,752.28 97,559.28 49.25 3,939.88 102,436.88 Police Lieutenant 40 2402 400 78.22 6,257.36 162,691.36 82.13 6,570.23 170,825.98 86.23 6,898.77 179,368.02 90.55 7,243.73 188,336.98 95.07 7,605.89 197,753.14 Police Officer 40 4403 403 55.76 4,460.97 115,985.22 58.55 4,684.09 121,786.34 61.48 4,918.27 127,875.02 64.55 5,164.14 134,267.64 67.78 5,422.41 140,982.66 Police Officer Trainee 40 4404 457 54.56 4,365.16 113,494.16 57.29 4,583.47 119,170.22 60.16 4,812.68 125,129.68 63.17 5,053.28 131,385.28 66.32 5,305.94 137,954.44 Police Sergeant 40 4405 401 67.36 5,388.98 140,113.48 70.73 5,658.44 147,119.44 74.27 5,941.35 154,475.10 77.98 6,238.50 162,201.00 81.88 6,550.42 170,310.92 Police Support Services Mgr 60 1404 657 62.05 4,964.09 129,066.34 - - - - - - - - - 86.88 6,950.04 180,701.04 Pool Manager 70 5608 708 18.74 1,499.20 38,979.20 - - - - - - - - - 26.23 2,098.40 54,558.40 Principal Civil Engineer 80 2204 822 65.18 5,214.64 135,580.64 - - - - - - - - - 84.78 6,782.12 176,335.12 Principal Planner 80 2811 823 67.21 5,376.42 139,786.92 - - - - - - - - - 81.40 6,511.68 169,303.68 Program Coordinator 50 5606 523 37.39 2,991.45 77,777.70 - - - - - - - - - 49.22 3,937.64 102,378.64 Public Information Officer 60 1122 674 61.58 4,926.60 128,091.60 - - - - - - - - - 86.22 6,897.25 179,328.50 Public Services Assistant I 50 6601 524 31.19 2,495.54 64,884.04 32.75 2,620.34 68,128.84 34.39 2,751.38 71,535.88 36.11 2,888.94 75,112.44 37.92 3,033.37 78,867.62 Public Services Assistant II 50 6602 525 34.31 2,745.08 71,372.08 36.03 2,882.37 74,941.62 37.83 3,026.48 78,688.48 39.72 3,177.86 82,624.36 41.71 3,336.66 86,753.16 Public Works Director 60 1204 635 86.32 6,905.59 179,545.34 - - - - - - - - - 120.85 9,667.85 251,364.10 Public Works Inspector 50 3202 526 50.37 4,029.41 104,764.66 52.89 4,230.92 110,003.92 55.53 4,442.42 115,502.92 58.31 4,664.57 121,278.82 61.22 4,897.77 127,342.02 Public Works Manager 60 1117 648 57.45 4,596.17 119,500.42 - - - - - - - - - 80.43 6,434.63 167,300.38 Purchasing Agent 80 1106 826 53.81 4,304.96 111,928.96 - - - - - - - - - 69.40 5,552.20 144,357.20 Recreation Administrative Asst 70 5619 712 16.40 1,312.00 34,112.00 - - - - - - - - - 21.56 1,724.80 44,844.80 Recreation Attendant 70 5618 711 16.40 1,312.00 34,112.00 - - - - - - - - - 21.56 1,724.80 44,844.80 Recreation Instructors 70 5607 707 18.82 1,505.60 39,145.60 - - - - - - - - - 37.64 3,011.20 78,291.20 Recreation Leader 70 5617 706 16.40 1,312.00 34,112.00 - - - - - - - - - 21.56 1,724.80 44,844.80 Recreation Services Supervisor 80 2601 827 51.40 4,112.34 106,920.84 - - - - - - - - - 67.65 5,412.39 140,722.14 Recreation Svcs Assistant I 50 8601 527 17.63 1,410.59 36,675.34 18.51 1,481.10 38,508.60 19.44 1,555.20 40,435.20 20.41 1,632.92 42,455.92 21.43 1,714.61 44,579.86 Recreation Svcs Assistant II 50 8602 528 20.94 1,674.82 43,545.32 21.98 1,758.74 45,727.24 23.08 1,846.63 48,012.38 24.24 1,939.01 50,414.26 25.45 2,035.91 52,933.66 285
Item # C12.
9/30/2022 CITY OF MILPITAS - HUMAN RESOURCES
All Job Classifications/Salary Table Effective 07/03/2022
Step A Step B Step C Step D Step E
Classification Union Code Occ Code Pay Grade Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Recreation Svcs Assistant III 50 8603 529 24.06 1,925.17 50,054.42 25.27 2,021.38 52,555.88 26.53 2,122.46 55,183.96 27.86 2,228.57 57,942.82 29.25 2,340.04 60,841.04 Recreation Svcs Assistant IV 50 8604 530 28.23 2,258.74 58,727.24 29.65 2,371.66 61,663.16 31.13 2,490.24 64,746.24 32.68 2,614.77 67,984.02 34.32 2,745.49 71,382.74 Retired Annuitant - Extra Help 70 5107 747 50.00 4,000.00 104,000.00 - - - - - - - - - 125.00 10,000.00 260,000.00 Retired Annuitant - Interim 70 5108 748 50.00 4,000.00 104,000.00 - - - - - - - - - 125.00 10,000.00 260,000.00 Risk Analyst 80 2130 857 42.48 3,398.78 88,368.28 - - - - - - - - - 55.92 4,473.83 116,319.58 Senior Accountant 80 2110 829 47.82 3,825.84 99,471.84 - - - - - - - - - 62.95 5,035.65 130,926.90 Senior Accounting Technician 50 6106 539 37.74 3,019.59 78,509.34 39.63 3,170.60 82,435.60 41.61 3,329.12 86,557.12 43.70 3,495.61 90,885.86 45.88 3,670.35 95,429.10 Senior Administrative Analyst 80 2112 834 52.82 4,225.77 109,870.02 - - - - - - - - - 69.53 5,562.61 144,627.86 Senior Building Inspector 50 3804 531 58.17 4,653.94 121,002.44 61.08 4,886.70 127,054.20 64.14 5,131.00 133,406.00 67.34 5,387.52 140,075.52 70.71 5,656.91 147,079.66 Senior Buyer 80 2129 856 50.76 4,060.88 105,582.88 - - - - - - - - - 61.80 4,943.98 128,543.48 Senior Executive Assistant 80 6123 855 45.50 3,639.93 94,638.18 - - - - - - - - - 59.89 4,790.99 124,565.74 Senior HR Analyst 80 2122 841 49.32 3,945.52 102,583.52 - - - - - - - - - 64.92 5,193.48 135,030.48 Senior Plan Check Engineer 50 3806 534 67.18 5,374.63 139,740.38 70.54 5,643.52 146,731.52 74.07 5,925.44 154,061.44 77.77 6,221.41 161,756.66 81.66 6,532.41 169,842.66 Senior Planner 80 2805 830 61.61 4,928.77 128,148.02 - - - - - - - - - 74.89 5,991.12 155,769.12 Senior Public Works Inspector 50 3203 535 58.17 4,653.97 121,003.22 61.08 4,886.70 127,054.20 64.14 5,131.01 133,406.26 67.34 5,387.52 140,075.52 70.71 5,656.91 147,079.66 Senior Public Works Lead 20 8609 225 53.22 4,257.61 110,697.86 55.88 4,470.49 116,232.74 58.68 4,694.02 122,044.52 61.61 4,928.70 128,146.20 64.69 5,175.28 134,557.28 Special Project Associate 70 5105 750 20.00 1,600.00 41,600.00 - - - - - - - - - 50.00 4,000.00 104,000.00 Special Project Associate 70 8605 750 20.00 1,600.00 41,600.00 - - - - - - - - - 50.00 4,000.00 104,000.00 Sr Code Enforcement Officer 50 5806 545 51.68 4,134.64 107,500.64 54.26 4,340.56 112,854.56 56.98 4,558.18 118,512.68 59.83 4,786.42 124,446.92 62.82 5,025.25 130,656.50 Sr. Public Services Assistant 50 5615 549 38.27 3,061.96 79,610.96 40.19 3,215.06 83,591.56 42.20 3,375.81 87,771.06 44.31 3,544.60 92,159.60 46.52 3,721.83 96,767.58 Sr. Special Projects Associate 70 5106 749 50.00 4,000.00 104,000.00 - - - - - - - - - 125.00 10,000.00 260,000.00 Staff Assistant 70 5104 745 16.40 1,312.00 34,112.00 - - - - - - - - - 24.64 1,971.20 51,251.20 Student Intern 70 5103 740 16.40 1,312.00 34,112.00 - - - - - - - - - 24.64 1,971.20 51,251.20 Transporation & Traffic Mgr 60 1202 675 61.58 4,926.60 128,091.60 - - - - - - - - - 86.22 6,897.25 179,328.50 Water Meter Technician I 20 8104 216 31.46 2,359.17 61,338.42 33.03 2,477.20 64,407.20 34.68 2,601.07 67,627.82 36.41 2,731.06 71,007.56 38.24 2,867.64 74,558.64 Water Meter Technician I -40 20 8620 235 31.46 2,516.64 65,432.64 33.03 2,642.48 68,704.48 34.68 2,774.21 72,129.46 36.41 2,912.82 75,733.32 38.24 3,059.31 79,542.06 Water Meter Technician II 20 8105 217 34.60 2,595.16 67,474.16 36.33 2,724.88 70,846.88 38.15 2,861.11 74,388.86 40.06 3,004.18 78,108.68 42.06 3,154.42 82,014.92 Water Meter Technician II -40 20 8621 236 34.60 2,768.30 71,975.80 36.34 2,906.93 75,580.18 38.14 3,051.44 79,337.44 40.06 3,204.80 83,324.80 42.06 3,365.04 87,491.04 Water Systems Operator 20 7211 219 48.09 3,606.73 93,774.98 50.49 3,786.68 98,453.68 53.02 3,976.38 103,385.88 55.67 4,175.21 108,555.46 58.45 4,383.99 113,983.74 Water Systems Operator - 40 20 8622 237 48.09 3,847.26 100,028.76 50.49 4,039.25 105,020.50 53.01 4,241.13 110,269.38 55.67 4,453.72 115,796.72 58.45 4,676.20 121,581.20 286
Item # C12.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Proposed Revisions to the City Council Policy for Donations for City Parks and Recreation and Community Services Programs (Staff Contact: Renee Lorentzen, Director of Recreation and Community Services, 408-586-3409) Category: Community Services and Sustainable Infrastructure Meeting Date: 10/4/2022
Recommendation: Approve proposed revisions to the City Council Policy for Donations for City Parks and Recreation and Community Services Programs.
Background:
On March 19, 2013 the City Council adopted policy and procedures for donations to City of Milpitas Parks and for Recreation programs. The policy outlines procedures for financial donations including but not limited memorials, specific use and anonymous; non-financial donations including but limited to materials, property and fixtures; and Recognitions including but not limited to donations in memorium of an individual.
As part of the adoption of the FY 2021-22 Operating Budget, the City Council approved the Budget Guidelines which state in part that the City Manager is authorized to accept grants or donations up to and including $100,000, increase department revenues and appropriations accordingly, and execute related agreements as long as no matching funds are required, and departments do not require additional funding for ongoing maintenance costs or future replacement costs.
Analysis:
With the recommended changes to the draft Donations to City Parks, and/or Recreation and Community Services Programs Policy (Policy), staff is aligning the Policy to the approved budget guideline regarding the acceptance of grant and donations, updating the Policy reflective of recent changes in the law, and presenting it in the new Council Policy format. Below are highlights of the Policy from the Purpose, Policy, and Procedure sections.
The Purpose of the Policy is to establish the guidelines, criteria, and processes for donations to City parks and/or Recreation and Community Services Department programs. The updated Policy defines the authority of the City of Milpitas and City Council related to this policy in “Section 2. Policy” as:
The City shall have the sole authority and the City Council shall have the final authority to approve donations.
The City reserves the right to recognize donors, or for memorial gifts the named individual, in any other manner the City so chooses, and no outside donor shall have the right to apply, control, or dictate the City’s manner of recognition.
In the event the City chooses to recognize a donor, or for memorial gifts, the named individual, the manner of recognition shall be construed as the City’s own speech under the government speech doctrine and no open forum shall be created by the City’s sole decision to recognize a donor or named individual at a certain location or in a certain manner. Final review and action to accept or decline a donation on behalf of the City of Milpitas is determined by the Milpitas City Council. The final decision on recognition shall also be determined by the City Council.
The policy continues to have the Parks, Recreation and Cultural Resources Commission make recommendation to City Council on appropriate donations in value of over $100,000. Donations could be monetary or non-monetary (i.e. materials, property, fixtures), including memorial donations such as contribution of funds in memory of a passed loved one, or memorial benches. 287 Item # 13.
Additional language has been added to the policy clarifying that City staff or City Council solicited sponsorships or donations will align with the approved budget guidelines regarding the acceptance of grant and donations.
For receiving monetary donations to City Parks and/or Recreation and Community Services programs, the draft policy requires, as stated in “Section 3. Procedure” that:
All inquiries about monetary donations shall be directed to the Recreation and Community Services Director.
If deemed a viable donation, potential donors shall be provided a copy of the Parks, Recreation and Cultural Resources Donation Form.
Upon receipt of this completed form by the Director, the proposed donation shall be placed on the next appropriate PRCRC agenda.
For monetary donations up to and including $100,000 that do not require any matching funds, additional funding for ongoing maintenance costs or future replacement costs, staff will provide an informational item to the PRCRC for information purposes only. The donation will be accepted administratively. The Director of Finance will report quarterly the acceptance of any grants and donations as part of the quarterly financial status report. For monetary donation over $100,000, the PRCRC shall review the proposed donations and provide a recommendation for either accepting or declining the donation to the Milpitas City Council.
For receiving non-monetary donations to City Parks and/or Recreation and Community Services programs, “Section 3. Procedure“ in the draft policy requires that like monetary donations, all inquiries shall be directed to the Recreation and Community Services Director. The Director will coordinate the review of any non- financial donations with other City Departments affected by the donation, including but not limited to Finance and Public Works. Following that review:
If deemed a viable donation, potential donors shall be provided a copy of the Parks, Recreation and Cultural Resources Donation Form.
Upon receipt of this completed form by the Director, the proposed donation shall be accepted by the City Manager or their designee if there are no ongoing maintenance or future replacement costs.
Otherwise, the donation shall come to the PRCRC for approval with an estimated value of up to and including $25,000 and to the PRCRC for recommendation for City Council approval with an estimated value greater than $25,000.
The PRCRC shall receive a quarterly report on received non-financial donations received for up to and including $25,000 at a regularly scheduled meeting.
On September 12, 2022, the Parks, Recreation and Cultural Resources Commission reviewed the proposed revisions to the City Council Policy for Donations for City Parks and Recreation and Community Services Programs, and unanimously recommended for City Council approval.
POLICY ALTERNATIVE(S):
Alternative 1: Do not approve the updated Approve updates to the Donations to City Parks, and/or Recreation and Community Services Programs Policy.
Pros: If City Council does not approve the updated Donations to City Parks, and/or Recreation and Community Services Programs Policy, no additional staff time is needed to work on this project.
Cons: If City Council does not approve the updated Donations to City Parks, and/or Recreation and Community Services Programs Policy, the City will be operating under an outdated policy resulting in both City staff and City Council operating inefficiencies.
288
Item # 13.
Reason for Not Recommending: If City Council does not approve the updated Donations to City Parks, and/or Recreation and Community Services Programs Policy. the City will be operating under an outdated policy resulting in both City staff and City Council operating inefficiencies.
FISCAL IMPACT:
None.
California Environmental Quality Act (CEQA):
By the definition provided in the California Environmental Quality Act (CEQA) Guidelines Section 15378, this action does not qualify as a “project” for the purpose of CEQA.
RECOMMENDATION:
Approve Proposed Revisions to the City Council Policy for Donations for City Parks and Recreation and Community Services Programs
Attachment(s):
Draft Donations to City Parks, and/or Recreation and Community Services Programs Policy
289
Item # 13.
CITY OF MILPITAS
Revision Date
Original 03/19/2013
Revised 10/4/2022
CITY COUNCIL POLICY
1. PURPOSE
1.1. This Policy establishes the guidelines, criteria, and processes for donations for City parks and Recreation and Community Services Department programs.
1.2. This Policy is consistent with the Council approved Budget Guidelines which state in part that the City Manager is authorized to accept grants or donations up to and including $100,000, increase department revenues and appropriations accordingly, and execute related agreements as long as no matching funds are required, and departments do not require additional funding for ongoing maintenance costs or future replacement costs
2. POLICY
2.1. The City shall have the sole authority and the City Council shall have the final authority to approve donations except for monetary donations up to and including $100,000 that do not require any matching funds, additional funding for ongoing maintenance costs or future replacement costs.
2.2. The City reserves the right to recognize donors, or, for memorial gifts, the named individual, in any other manner the City so chooses. No outside donor shall have the right to apply, control, or dictate the City’s manner of recognition.
2.3. In the event the City chooses to recognize a donor, or for memorial gifts, the named individual, the manner of recognition shall be construed as the City’s own speech under the government speech doctrine and no open forum shall be created by the City’s exercise of its sole decision to recognize a donor or named individual at a certain location or in a certain manner.
2.4. Final review and action to accept or decline a donation, and recognition of the donor for accepted donations on behalf of the City of Milpitas is determined by the Milpitas City Council except for monetary donations up to and including $100,000 that do not require any matching funds, additional funding for ongoing maintenance costs or future replacement costs. For these monetary donations, the final review and action rests with the City Manager.
2.5. The Parks, Recreation and Cultural Resources Commission (PRCRC) shall evaluate appropriate donations to City Parks or Recreation and Community Services programs and shall make recommendations to the City Council.
2.6. Financial Donations
Policy No:
Click or tap here to enter
text.
DONATIONS FOR CITY PARKS AND
RECREATION AND COMMUNITY
SERVICES PROGRAMS
Effective Date:
10/4/2022
Revision No:
1 Policy Administrator:
Recreation and Community Services
Next Review Due:
As needed
Related Policies and
Procedures:
Incorporates and
replaces Original
Approved by:
Click or tap here to enter text.
Council meeting date, agenda item #, and
vote
Date Approved:
10/4/2022
290
Item # 13.
CITY OF MILPITAS
Revision Date
Original 03/19/2013
DONATION FOR CITY PARKS AND RECREATION AND COMMUNITY SERVICES PROGRAMS/ POLICY #
2.6.1. Donors may earmark monies for the purchase of specific materials, supplies, equipment, furnishings, and other items to the extent practical.
2.6.2. City staff will apply the funds as requested by the donor. Should additional or alternate uses for the funds be identified, staff will consult with the donor and receive written permission to apply funds differently.
2.6.3. Memorial Donations
2.6.3.1 Memorial Donations allow for individuals to contribute funds “in memory of” a family member who has passed away or retired and moved out of the area.
2.6.3.2 Memorial donations may not be contributed in memory of pets, or livestock.
2.6.3.3 Individuals may name the City of Milpitas or Recreation and Community Services as a beneficiary in their wills, trusts, or other estate planning document. The will might stipulate that the funds (or interest from part of an estate) be used to purchase particular items or materials in certain service areas or support certain programs.
2.6.3.4 Donation in memory of an individual must be appropriate and relevant to the Milpitas community, (i.e., past resident, business-person or other person having contributed to the good of the Milpitas community).
2.6.4. Anonymous Donations
2.6.4.1 Donations with the request to remain anonymous will not be acknowledged in any donor listings.
2.6.5. Non-financial Donations
2.6.5.1 In the event a donor desires to give materials, personal property, real property, fixtures and other things, non-monetary in nature, to the City, the proposed gift shall be presented to the Director of Recreation and Community Services in writing.
2.6.5.2 All such non-monetary donations shall be subject to the City Manager or designee’s determination of probable value and viability for acceptance and placement.
2.6.5.3 If determined by staff to be a viable donation, the Parks, Recreation and Cultural Resources Commission shall make a recommendation to the City Council for a final decision, except for monetary donations up to and including $100,000, in which the final review and action rests with the City Manager.
3. PROCEDURE
3.1. Accepting Monetary Donation Requests
3.1.1. All inquiries about monetary donations shall be directed to the Recreation and Community Services Director.
3.1.2. If deemed a viable donation, potential donors shall be provided a copy of the Parks, Recreation and Cultural Resources Donation Form.
3.1.3. Upon receipt of this completed form by the Director, the proposed donation shall be placed on the next appropriate PRCRC agenda.
3.1.4. For monetary donations up to and including $100,000 that do not require any matching funds, additional funding for ongoing maintenance costs or future replacement costs, staff will provide an informational item to the PRCRC for 291
Item # 13.
CITY OF MILPITAS
Revision Date
Original 03/19/2013
DONATION FOR CITY PARKS AND RECREATION AND COMMUNITY SERVICES PROGRAMS/ POLICY #
information purposes only. The donation will be accepted administratively. The Director of Finance will report quarterly the acceptance of any grants and donations as part of the quarterly financial status report.
3.1.5. For any monetary donation, that requires any matching funds, additional funding for ongoing maintenance costs, future replacement costs, or any monetary donation over $100,000, the PRCRC shall review the proposed donations and provide a recommendation for either accepting or declining the donation to the Milpitas City Council.
3.2. Accepting Non-financial Donation Requests
3.2.1. All inquiries about non-financial donations shall be directed to the Recreation and Community Services Director.
3.2.2. Recreation and Community Services Director will coordinate the review of any non-financial donations with other City Departments affected by the donation, including but not limited to the Office of the City Attorney, Finance and Public Works.
3.2.3. If deemed a viable donation, potential donors shall be provided a copy of the Parks, Recreation and Cultural Resources Donation Form.
3.2.4. Upon receipt of this completed form by the Director, the proposed donation shall be accepted by the City Manager or their designee if there are no ongoing maintenance or future replacement costs. Otherwise, the donation shall come to the PRCRC for approval with an estimated value of up to and including $25,000 and to the PRCRC for recommendation for City Council approval with an estimated value greater than $25,000.
3.2.5. The PRCRC shall receive a quarterly report on received non-financial donations received for up to and including $25,000 at a regularly scheduled meeting.
292
Item # 13.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Receive an Update on the American Rescue Plan Act and Provide Direction to Staff (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3053; and Lauren Lai, Director of Finance, 408-586-3111)
Category: Leadership and Support Services
Meeting Date: 10/4/2022
Recommendation: Receive an update on the American Rescue Plan Act (ARPA) programs and provide direction to staff.
Background:
In March 2020, due to the rampant spread of the Coronavirus (Pandemic), a state of emergency was declared at the local, state, and federal levels and stay-at-home orders issued, which had an enormous impact on the local, state and national economy as well as the City’s finances.
On March 11, 2021, President Biden signed into law the American Rescue Plan Act (ARPA), a $1.9 trillion stimulus package, to counteract the economic impacts of the pandemic. The City’s ARPA allocation of $16,736,815 is available in two tranches, which was received in June 2021 and June 2022. Funds need to be either expended or encumbered by December 31, 2024, with all funds to be expended by December 31, 2026.
On May 11 (link to staff report), staff presented preliminary information on ARPA’s Coronavirus State and Local Fiscal Recovery Funding. Staff also provided information on other funding through ARPA that could benefit the Milpitas community since the Coronavirus Local Fiscal Recovery Funding (CLFRF) is only a portion of the total ARPA funding. Staff received Council input on ARPA Plan spending priorities in May and June (June 8 Council Meeting agenda report). A majority of the spending priorities were related to financial assistance and social services to those impacted by the pandemic, economic vitality, infrastructure, public safety, and technology.
On June 21 (link to the agenda report), Council approved the ARPA Investment Framework including the Fiscal Guidelines and Five Investment Areas. Fiscal Guidelines include the following:
1. Identify and promote other ARPA or State funding sources to the extent possible before dedicating local ARPA funds.
2. Use one-time ARPA funds for one-time expenditures such as investment in infrastructure or technology with minimum ongoing operating costs.
3. Avoid ongoing General Fund commitments with additional programs and positions.
4. Avoid creating a structural budget deficit if restoring any reduced services.
5. Leverage regional agencies, non-profit partners, and existing programs to maximize efficiency in delivering programs and services.
On August 9 (link to the agenda report), Council approved funding for 25 programs in the ARPA Investment Plan and delegated authority to the City Manager to proceed with appropriation actions and contract approvals, up to the approved amount for each program approved by Council, once compliance with ARPA procurement, contracting, and reporting requirements are confirmed. This would allow the funding to go to residents and businesses significantly impacted by the pandemic, in an efficient and expeditious manner. Moreover, Council allocated funding into Five Investment areas of Community Services, Economic Vitality, Infrastructure, Public Safety, and Technology.
On January 11, 2022 (link to the agenda report), Council approved program funding re-allocations to enhance service delivery and/or streamline implementation, especially procurement.
293
Item # 14.
On March 15, 2022 (link to the agenda report), Council provided feedback and direction as a part of the Fiscal Year 2022-23 budget development, which allocated funding into five Investment areas of Community Services, Economic Vitality, Infrastructure, Public Safety, and Technology is as follows.
Analysis:
In accordance with the August 9, 2021, Council direction and delegation, the City Manager and staff proceeded with implementing the ARPA programs. This report highlights project activities since the prior ARPA quarterly report on March 15, 2022, with an attachment that summarizes all projects.
Rental and mortgage assistance to low- and moderate-income residents ($1,100,000) ARPA funds will expand eligibility for the Milpitas Rent Relief Program and create a Milpitas Mortgage Relief program. Through a competitive solicitation process, the City selected LiveStories for the program administration, with the service contract anticipated to be executed in early October. Limited-term staffing was also hired to assist with ARPA and other citywide affordable housing programs.
Accessory Dwelling Unit (ADU) Program ($990,000)
ARPA funds will provide payment of permit fees to incentivize the building of new ADUs and encourage the legalization of unpermitted ADUs through the ADU Incentive Program and the Safe ADU Legalization Program.
These ADU programs can provide housing options, foster economic growth through increased construction activity and increase property values. To date, ARPA funds of approximately $127,700 provided subsidies for 43 ADUs, of which thirteen (13) have had permits issued with an average total building fee of $4,700 and an average floor area of 657 square feet. The other 30 ADUs are still in process and are expected to average slightly higher fees to reflect the building fee increase in the upcoming fiscal year 2023-24 master fee schedule.
Catalytic Converter Public Safety Initiative ($200,000) This provides funding for various catalytic converter theft deterrent program(s) to provide economic support to businesses and address this public safety challenge. Staff conducted initial business outreach and developed an online application for businesses, which was launched in late September. Outreach to residents on the overall program will be conducted once enrollment of businesses has been completed, estimated timeline is late October/early November.
Community Services - Social Services ($500,000)
This Milpitas ARPA allocation funds a variety of social services such as mental health services and services to the LGBTQ plus community and at-risk youth as well as victims of domestic violence and abuse. The City has 294
Item # 14.
partnered with non-profits that are already serving in these areas. Below is a summary of the non-profits, grants and performance to date.
Area of Focus Agency Amount Performance Data & Progress Domestic
Violence
Maitri $90,000 Referrals for 14 Milpitas residents,
comprehensive services for 5. Domestic
Violence Outreach event scheduled for Milpitas
Library 10/9.
LGBTQ Avenidas $60,000 Outreach at Milpitas 9/6. Start three recurring meet-ups: Dog Walking, Movie Nights, Senior
Lesbian Group.
Youth Healthier Kids
Foundation
$90,000 Staff person has been hired and will be
assuming role shortly.
Mental Health Leaders of Tomorrow $12,000 Outreach to 25 religious and nonprofit leaders.
Two public outreach events planned 10/1 and
10/29. Assembling first cohort to start
November.
Mental Health NAMI Santa Clara
County
$18,000 “Ending the Silence” presentation for MUSD staff 9/21, MUSD families 9/29.
Small Business Assistance Grant ($1,570,000)
ARPA funds of $1,500,299.71 (net of fiscal agent administrator fees) was used to assist 343 total small businesses. 276 businesses received $5,000 grants in the first round of funding, while 67 businesses received $1,700 grants in the next round. All qualifying small business applicants received a grant and, as of 9/23/2022, LiveStories informed the City that 340 businesses deposited their grant checks while only three (3) remain outstanding, which will be monitored. Based on a programmatic survey conducted, staff learned that the top grant expenditures were: 1) rent/mortgage, 2) labor or payroll costs, 3) utilities, and 4) equipment & supplies.
Staff is administratively closing out this project with the fiscal administrator by collecting supporting documentation to prepare for an audit.
Hotel Grant ($130,000)
ARPA funds of $130,000 was used to assist thirteen (13) Milpitas hotels with $10,000 grants each. Funds were disbursed and staff is administratively closing out this project. From the City’s hotel survey outreach, Staff learned that the top 4 grant expenditure categories were: 1) labor or payroll costs, 2) utilities, 3) marketing and promotions, and 4) sanitation supplies to keep hotels COVID-19 safe and to aid economy recovery for the hospitality sector.
Economic Development Workforce Development ($300,000)
On December 14, 2021, the Council approved the first tranche of funding recommendations in the amount of $150,000 for five (5) non-profit beneficiaries to coordinate workforce/job training programs to aide economic recovery.
Milpitas Youth Force, a program of the Department of Recreation & Community Services, was granted $40,000 to coordinate a summer youth jobs program. The program successfully concluded and allowed 19 Milpitas youth to participate in a paid, work experience program with the City.
First 5 Santa Clara County was granted $40,000 to launch an early learning teacher apprenticeship program.
The program has two cohorts: 1) the California State Preschool Provider (CSPP) cohort and 2) the Family Child Care Home Provider (FCCH) cohort. Six (6) Milpitas residents have been confirmed for the apprenticeship cohorts. Additionally, there are two (2) Milpitas childcare businesses that are hosting apprentices in the program: 1) Elba’s Daycare and 2) Little Giants Montessori Daycare.
Build It Green is a non-profit organization that was awarded $10,000 to coordinate a Certified Green Building Professionals Certification Program. Three (3) Milpitas residents participated in the certification program and 295
Item # 14.
one of them was a City Planner. Build It Green will host a second certification program in early December 2022 to encourage more Milpitas residents to participate. City staff that may benefit from the training program may also be eligible to participate.
Rising Sun Center for Opportunity is a non-profit organization that was awarded $10,000 to coordinate the Green House Calls Program and a Climate Careers Externship Program. Despite the non-profit's best efforts to conduct outreach into the community, there were no Milpitas youth participating in the summer work experience program. The extensive community outreach efforts included: 1) Parent Teacher Associations of Milpitas High School and Calaveras Hills High School, 2) in-person outreach to Milpitas Chamber of Commerce representatives and the Milpitas Chamber’s job fair event, 3) outreach to the Sunnyhills Neighborhood Association, Boys & Girls Club of Silicon Valley, and the International Children Association Network. Rising Sun is actively in conversations with the Public Works Department for a partnership on a Climate Careers Externship Program.
Evergreen Valley College was awarded $50,000 to coordinate an Amazon Cloud Practitioner Program to help Milpitas residents access cloud computing technology jobs. Due to major staffing changes at Evergreen Valley College, the College put this program on indefinite hold until additional resources can be allocated by the College.
Homeless Outreach and Assessment ($100,000)
ARPA funds will continue services with Santa Clara County Office of Supportive Housing and the County’s Homeless Engagement and Access Team to provide direct outreach, assessment, and case management services to the City’s unhoused residents. As directed by Council, this service will be continued with the County through use of ARPA funding and contract negotiations are in progress.
Park Playground Rehabilitation ($1,116,000) CIP Project No. 3500 – Public Works ARPA funds will be used for safety improvements and retrofitting of equipment to eleven (11) of the City’s 36 parks. The improvements will focus upon fall zones and improving playground surfaces. Public Works staff have been coordinating with Recreation and Community Services staff on the desired park elements.. Upon completion of the plans, staff will proceed with project bidding. Construction is expected to begin early in 2023 and completed by the end of the fiscal year. Currently, the specifications are nearly finalized, and color selection is expected to be chosen by early October and the release of bid documents is expected by October 14, 2022.
Park Rehabilitation ($3,270,815) Project No. 3501 - Engineering and RFP ARPA funds will be used to make repairs and improvements to twelve (12) of the City’s 36 parks that were assessed to be in poor and critical condition. The implementation of these repairs and improvements will address health and safety repairs and improve the condition of these parks. The request for proposal for engineering design services was advertised September 14, 2022 and interested design consultants are required to respond to the RFP with their qualifications by October 12, 2022. Following review of submitted qualifications, completion of interviews with prospective consultants, and determination of the most qualified design consultant, Staff will bring a design services agreement for City Council consideration in late 2022 or early 2023. Park rehabilitation design work for the 12 parks is estimated to require up to 12 months to complete. Project bidding and construction will follow completion of the design work. Construction is anticipated to start late 2023 or early 2024.
Implementation of Emergency Management Plan ($200,000)
On August 5, 2021 Council approved the Emergency Operations Plan (EOP). The EOP, which is the overarching emergency management document, is scheduled to include 20 annexes, which are plans written to respond to specific hazards or address certain populations or processes such Alert & Warning, Access & Functional Needs, Wildland Fire, Donations Management. Consistent with federal procurement guidelines, staff issued a Request for Proposals for the development of the annexes. Three proposals were received and evaluated by Staff. A.G. Witt’s proposal was deemed the most advantageous proposal and a contract in the amount of $187,000 was approved on July 12, 2022 under the City Manager ARPA contract authority as 296
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delegated by the City Council. As of the end of September, three annexes are completed and are currently reviewed. The remaining seventeen (17) are scheduled to be completed by January 2023.
Chamber of Commerce ($200,000)
In March 2022, the City Council approved ARPA funding in the amount of $200,000, to be disbursed in two tranches of $100,000 each, with flexibility for staffing and program delivery, to assist the Milpitas Chamber of Commerce (Chamber). The first tranche (Year 1) was to be disbursed upon execution of a grant agreement by and between the City and the Chamber. The second tranche (Year 2) will be contingent upon a successful first year of ARPA funding to the Chamber. Since the grant award will exceed $50,000, the Chamber is required to provide information regarding proposed objectives, outcomes, number of people served, etc. which will be outlined in the grant agreement.
On August 9th, 2022, Council directed staff to pause the grant award process until the following deliverables are accomplished: 1) Financial reports for a 12-month period, 2) Work Plan for the Spring 2023 Art & Wine Festival, and 3) an explanation of how ARPA funds will be used overall to ensure the funds are utilized responsibly. Staff and the Chamber have been engaged in reviewing application supporting documents and staff is awaiting additional event and program details. The Chamber has submitted multiple, incomplete ARPA grant applications and staff is requesting additional details on key performance metrics and deliverables.
Financial Management System ($100,000) – Swap funding with General Fund ARPA funds of $100,000 was allocated to provide a financial management system evaluation and operational assessment, as the City plans to replace its 26-year-old legacy system. Staff proposes to swap the funding from ARPA to General Fund for procurement flexibility. Specifically, the General Fund Information Technology function costs may be offset with ARPA in the amount of $100,000. This would expedite the project and improve administrative efficiency. In accordance with the process approved by the City Council in March 2022, with regards to funding changes, this recommended funding change will be incorporated into the FY 2022- 2023 Mid-Year budget report.
Fiscal Impact:
The ARPA allocation to the City is in the amount of $16,736,815 which Council appropriated into investment areas and specific programs.
California Environmental Quality Act:
This item is not a Project under CEQA in accordance with CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) as it can be seen with certainty that a general discussion of funding priorities by the City Council will not have a significant effect on the environment. Further, the item is also not a Project pursuant to CEQA Guidelines Section 15378(b)(2) as an administrative activity which is defined in the CEQA Guidelines to include the purchase of supplies and personnel related actions. It is further exempt under CEQA Guideline 15378(b)(4) as it is a government fiscal activity that does not involve a commitment to any specific project which may result in a potentially significant physical impact on the environment. Although the use of funding will be discussed for various potential projects, future environmental analysis will be conducted for the various potential projects prior to the City making any commitment or approval of any project, or it is covered by the CEQA Guideline 15061(b)(3) and/or 15378(b)(2).
Recommendations:
Receive an Update on the American Rescue Plan Act (ARPA), programs and provide direction to staff Attachments
1. ARPA status update – All Projects
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No. Program
Approved
Appropriation
Year to Date
Expenditure Balance Current Status
1 Rent and Mortgage Relief 1,100,000$ 0 $1,100,000 Financial administrator selected for program and limited-term staffing hired. 2 Social Services 500,000$ 20,988$ $479,012 Nonprofit grants being disbursed. Programs underway. 3 Financial Assistance to Low and Moderate Income Residents for Utility Payments and Childcare Costs
575,000$ 35,004$ $539,996 Dispersing childcare subsidies, utility assistance monthly. Continuing to enroll participants. 4a Beautify Milpitas Program 100,000$ 9,682$ $90,318 Initial kits assembled and distributed 4b Weed Abatement 90,000$ 53,510$ $36,490 Temporary staffing hired for the program. 5 Pilot Curbside Trash Pickup Program 85,000$ 0 $85,000 The City's waste hauler agreed to provide the service. 6 Homeless Outreach and Assessment 100,000$ 0 $100,000 Contact review in progress.
Community Services Subtotal 2,550,000$ 119,183$ 2,430,817$ 7 Small Business Assistance Grant Program 1,570,000$ 1,565,100$ $4,900 Grants disbursed and program being closed out. 8 Hotel Assistance Grant Program 130,000$ 130,000$ $0 Completed, close-out in progress. 9 Accessory Dwelling Unit Program 990,000$ 127,709$ $862,291 Grants in progress. 10 Storefront Improvement Grant Program 365,000$ 0 $365,000 This program is on hold as the outdoor dining ordinance is being considered. 11 Community Events 125,000$ 46,051$ $78,949 Completed: Earth Day, Family Campout, Lantern Festival. Upcoming : ArtWalk, Dia de Los Muertos 12 Financial Assistance to the Chamber of Commerce 200,000$ 0 $200,000 Chamber document review in porgress. 13 Workforce Development Program 300,000$ 75,312$ $224,688 Grants disbursed to the non-profits. 15 Limited Term Economic Development Specialist Position 330,000$ 136,813$ $193,187 Position filled and ARPA programs being administered. 16 Business Improvement District 75,000$ 0 $75,000 RFP statement of work being drafted. 17 Sustainable Neighborhood Program 60,000$ 0 $60,000 Pending program design and planning Economic Vitality Subtotal 4,145,000$ 2,080,985$ 2,064,015$ 18 Park Rehabilitation 4,386,815$ 13,897$ $4,372,918 IFB for park playground rehabilitation scheduled for release by mid-October; RFP for design services for park rehabilitation scheduled to close by Oct. 12.
19 Public Safety Facilities' Rehabilitation 250,000$ 0 $250,000 Funds will be allocated to CIP 3403 titled Fire Station Improvements with the FY 2022-23 Mid-year budget adjustments. 20 Mobile Emergency Operations Center (MEOC) 425,000$ 0 $425,000 Vehicle build is in process. 20% complete. Full delivery expected in Summer 2023 Infrastructure Subtotal 5,061,815$ 13,897$ 5,047,918$ 21 Public Safety Staffing 1,200,000$ 406,233$ $793,767 Four(4) firefighters currently funded. Two(2) police officer recruitments in progress. 22 Fire Pumper Truck 920,000$ 455,580$ $464,420 Manufacturer purchase and order in progress. 23 Emergency Management Program Assessment Study 200,000$ 0 $200,000 The first three annexes are complete. The remaining 17 will be complete by January 2023. 24 Catalytic Converter Public Safety Initiative 200,000$ 0 $200,000 Program business outreach will launch in upcoming weeks.
Public Safety Subtotal 2,520,000$ 861,813$ 1,658,187$ 25 Human Resources Information System 1,100,000$ 0 $1,100,000 Request for Information (RFI) in progress. 26 Financial Management System 100,000$ 0 $100,000 Propose swap of funding with General Fund. 27 Cybersecurity Programs and Training 300,000$ 6,428$ $293,572 User training service contract completed. Looking for additional systems and services. 28 Technology Infrastructure 610,000$ 277,563$ $332,437 Initial end-user equipment purchase completed. Year 2 batch purchase in progress.
Technology Subtotal 2,110,000$ 283,991$ 1,826,009$ 29 ARPA Funds Administration 350,000$ 72,860$ $277,140 Procurement administration in progress.
Administration Subtotal 350,000$ 72,860$ 277,140$ Grand Total 16,736,815$ 3,432,730$ 13,304,085$ City of Milpitas
ARPA Project Appropriation and Expenditures through September 21, 2022 298
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