Cities Index.
Agenda packet

Milpitas City Council
August 15, 2023

Document
Agenda packet
Meeting
August 15, 2023
Body
Milpitas City Council
Pages
76
Original file
63.9 MB
Text extracted from the city's file for reading and search. Open the original on milpitasca.api.civicclerk.com. That file is the official record.

2. MUTUAL AID REQUEST AND RESPONSE.

A. Request. Mutual aid assistance may be requested when in the opinion of the command personnel of the agency having jurisdiction outside assistance is necessary to protect life or property. The agency having jurisdiction, shall within a reasonable period provide th e assisting agency with confirmation of the need for assistance including d etails regarding requested resources, timelines/schedules, and locations for assistance.

B. Response. The command personnel of the assisting agency, after considering the needs of the assisting agency and the availability of resources , may authorize and direct its resources to provide mutual aid assistance. The assisting agency shall within a reasonable period confirm to the agency with jurisdiction the details of the assistance to be provided including resources and anticipated time of response.

Mutual aid response shall consist of the closest available engine company and shall follow each agency's respective jurisdictional guidelines and deployment plan. See ATTACHMENT A.

3. TYPES OF EMERGENCIES.

A. Code 3 Emergencies. Code 3 emergencies which require the use of red lights and sirens by responding fire units are the only incidents for which mutual aid assistance shall be provided under this Agreement. ·

B. Other Response Calls. Calls for public service, post-fire investigations, and similar responses which do not require the use of red lights and sirens by the responding fire units are not incidents for which mutual aid assistance shall be provided under this Agreement.

4. AGENCY HAVING JURISDICTION.

A. Operational Responsibility. The highest ranking officer of the jurisdiction having authority (the "Officer in Command") will have operational responsibility and the final authority as to strategy and tactics deployed at the incident once an officer for the agency having jurisdiction assumes command of the incident. ·

B. Command Operations. The first arriving officer of the assisting agency will assume command until an officer from the jurisdiction having authority responds to the incident and assumes command. Thereafter, the assisting agency's resources shall report to the incident commander of the agency having jurisdiction.

1) It shall be the responsibility of the Officer in Command to summon additional personnel and equipment, if needed, to handle the emergency.

2) As soon as the Officer in Command determines that no further assistance is required, the Officer in Command will inform its communications center to "cancel" any other responding units.

C. Cleanup Operations. It shall be the responsibility of the agency having jurisdiction to utilize their staffing and equipment for overhaul and cleanup operations after a fire or emergency. The assisting jurisdiction shall not be required to provide assistance for overhaul and cleanup. 287
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5. INCIDENT COMMAND/ASSIGNMENT OF RESOURCES.

A. Command Systems . The Incident Command System (ICS) and the National Incident Command System (NIMS) will be utilized for all incident responses.

B. Assignment of Resources . Resources not pre -assigned to incidents shall officially attach themselves to an incident per the dis cretion of the agency having jurisdiction or by authority of their command personnel. Assigned units are expected to check into staging or directly to the command post during incidents involving more than a single resource.

C. California Firescope. The equipment and resources deployed should follow the California FIRESCOPE model or be specifically designated in each agency's response or standards of cover plan.

D. Control of Assisting Agency's Resources . The person in charge of the assisting agency's human and equipment mutual aid resources shall retain control of those resources and shall direct them to meet the needs and tasks assigned by the incident commander or other appropriate officer of the agency having jurisdiction.

E. Release of Assisting Agency's Resources. The assisting agency's mutual aid resources shall be released by the agency having jurisdiction when the services of the assisting agency are no longer required or when the assisting agency's resources are needed in their jurisdiction.

Assisting agency resources may withdraw from the scene upon notice to the incident commander or other appropriate officer that they are needed in their jurisdiction.

6. LEGAL RELATIONSHIP.

Personnel assigned to provide mutual aid assistance will remain each individual agency's responsibility for purposes of workers compensation laws and benefits.

7. FIRE INCIDENT REPORTING.

The agency having jurisdiction will be responsible for completing, filing, recording, and storing all mandated local and state reports related to a mutual aid response within its jurisdiction and shall provide the assisting agency with a copy of the response report. However, if the agency having jurisdiction does not in fact respond to an incident, the assisting agency will be responsible for completing, filing, recording and storing all mandated local and state reports related to the mutual aid response (unless otherwise provided by law) and shall provide the agency having jurisdiction with a copy of the response report upon request.

8. COMPENSATION.

All mutual aid services provided by the parties under this Agreement shall be performed without monetary compensation or reimbursement. Fremont and Milpitas agree that the mutual advantages, protections, and services afforded by this Agreement are adequate compensation for the mutual aid services to be provided under this Agreement. The parties acknowledge their mutual intent that the value of the services provided and received by each party be equal. The parties agree that to the extent compensation is or may be available from one or more third parties as a result of an incident in which mutual aid services were provided under this Agreement, they shall cooperate to pursue such compensation and allocate any recovery pro rata in accordance with the cost incurred by each entity in responding to the incident. 288
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9. LIABILITY; INDEMNITY.

A. Liability. Nothing in this Agreement is intended to affect the legal liability of either party to this Agreement by imposing or requiring any standard of care different than that provided by or existing in applicable law.

1) No party shall have any liability for failure or refusal to furnish mutual aid assistance, or for recalling or releasing resources providing mutual aid assistance. Neither party shall make a claim against the other for refusal to provide mutual aid assistance.

2) No debt, liability, or obligation of one party shall be the debt, obligation, or liability of another party. Each party shall be responsible for its own acts and/or omissions.

3) Each party shall be responsible for injuries or death to its own personnel to the extent required by law. Each party, to the extent it is at fault, shall be responsible for damage to or loss of equipment while acting within the scope of this Agreement.

B. Insurance. Each party shall procure and maintain at its own cost such insurance as is required by applicable federal and state law and as may be appropriate and reasonable in its discretion, to cover its personnel, equipment, vehicles and property, including, but not limited to, liability insurance, worker's compensation, unemployment insurance, automobile liability and property damage. Each party may self- insure when appropriate.

C. Indemnity. In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the parties pursuant to Government code Section 895.6, Fremont and Milpitas agree that all losses or liabilities incurred by a party shall not be shared pro rata, but instead Fremont and Milpitas agree that pursuant to Government Code Section 895.4, each party shall fully indemnify, defend and hold the other party, its officers, employees and agents, harmless from any claim, expense or cost (including court costs and reasonable attorney's fees), damage or liability imposed for injury (as. defined in Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in con nection with any work, authority or jurisdiction delegated to such party under this Agreement. Neither party, nor any of its officers, employees or agents, shall be responsible for any damage or liability occurring by reason of the negligent acts or omissi ons or willful misconduct of the other party, its officers, employees or agents, under or in connection with any work, authority or jurisdiction delegated to such party under this Agreement.

10. NEAR MISS REPORTING SYSTEM.

Parties to this Agreement shall participate in the National Near Miss Reporting system. Each agency shall endeavor to participate in the critique or evaluation of special incidents or incidents that are two alarms or greater. This evaluation shall include lessons learned, positives and need improvements and evaluation of alarm escalation and legitimacy.

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11. EVALUATION.

During the term of this Agreement, the Fire Chiefs or designee of each party shall jointly evaluate the effectiveness of the Agreement, which may include a review of the number of mutual aid incidents, any issues with the mutual aid request or response process, areas for improvements and any other issues that may have arisen in connection with the Agreement.

The evaluation shall occur at such regular intervals as may be m utually agreed upon by the Fire Chiefs.

12. TERM; TERMINATION.

The term of the Agreement shall commence upon its execution by both parties and unless terminated earlier as provided below, shall continue in effect through five (5) years from date signed. This Agreement may be terminated by either party at any time during its term through its Fire Chief or designee, by providing not less than thirty (30) calendar days advance written notice of withdrawal to the other party.

13. NO THIRD-PARTY BENEFICIARIES.

This Agreement shall not be construed as, or deemed to be, for the benefit of any third party; and no third party shall have any right of action under this Agreement.

14. NOTICES.

All notices required or contemplated by this Agreement shall be in writing and shall be delivered to the respective party as set forth in this section. Communications shall be deemed to be effective upon the first to occur of: (a) actual receipt by a party, or (b) actual receipt at the address designated below, or (c) three working days following deposit in the United States Mail of registered or cert ified mail sent to the address designated below. The Authorized Representative of either party may modify their respective contact information identified in this section by pro viding notice to the other party.

TO: FREMONT TO: MILPITAS
3300 Capitol Ave 777 S. Main St
Fremont, CA 94538 Milpitas, CA 95035

15. HEADINGS.

The heading titles for each paragraph of this Agreement are included only as a guide to the contents and are not to be considered as controlling, enlarging, or restricting the interpretation of the Agreement.

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16. SEVERABILITY.

If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this paragraph shall n ot be applied to the extent that it would result in a frustration of the p arties’ intent under this Agreement.

17. GOVERNING LAW, JURISDICTION, AND VENUE.

The interpretation, validity, and enforcement of this Agreement shall be governed by and interpreted i n accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Alameda or the County of Santa Clara.

18. MODIFICATIONS; AUTHORITY OF CHIEFS.

A. Written Amendment . This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties.

B. Fire Chief Authority . The Fire Chiefs shall have the authority to agree on the details relating to methods of requesting mutual aid, identification of personnel authorized to send and receive mutual aid requests, identification of equipment and personnel that will respond to mutual aid requests and any other performance or procedura l measures necessary to implement this agreement.

FREMONT MILPITAS

BY: ________________________ BY: _______________________ ITS:_ ________________________ ITS: _______________________ DATE: ________________________ DATE: _______________________

BY: ________________________ BY: _______________________ ITS:_ ________________________ ITS: _______________________ DATE: ________________________ DATE: _______________________ 291
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ATTACHMENT A

AGREEMENT BETWEEN THE CITY OF FREMONT AND

THE CITY OF MILPITAS FOR MUTUAL AID

1. Deployment Plan.

A. As the providing agency, the Fremont Fire Department will typically commit no greater than One (1) Engine Company, One (1) Truck Company and One (1) Battalion Chief to the scene of a working fire.

B. It is also the understanding that in the Assignment of Resources (Section 5E) of this agreement, the said Engin e Company of a providing agency can be utilized following the code three response to the incident for purposes of short term duration station coverage.

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Resolution No. ____
RESOLUTION NO. ______

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

CITY MANAGER TO EXECUTE THE MUTUAL AID AGREEMENT WITH THE CITY OF

FREMONT FOR EMERGENCY RESPONSE SERVICES

WHEREAS, Fremont and Milpitas provide emergency medical and rescue services, and fire protection services within their respective jurisdictional boundaries; and

WHEREAS, Fremont and Milpitas have each historically provided mutual aid assistance to the other upon request for the benefit of Fremont and Milpitas and now desire to formalize this arrangement and confirm the willingness of the City of Fremont and the City of Milpitas to provide emergency assistance to one another to the extent they are each capable; and
WHEREAS, it is in the best interest of Fremont and Milpitas and their respective citizens to ensure that supplemental and reciprocal assistance is available to provide expeditious response to emergency medical and rescue, fire, and other emergency incidents; and
WHEREAS, each party recognizes the need for and desires to provide to the other reasonable and reciprocal exchange of emergency medical and rescue, fire, and other emergency services on an as needed basis; and WHEREAS, there has been submitted to the City Council of the City of Milpitas a proposed Agreement to be entered into by and between the City of Milpitas and City of Fremont a copy of which is attached hereto as Exhibit A and is made a part hereof.

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 approves the Agreement attached hereto as Exhibit A and authorizes the City Manager to execute the Agreement for and on behalf of the City of Milpitas.

PASSED AND ADOPTED this ______ day of ______________, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

Michael Mutalipassi, City Attorney

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CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution Authorizing the City Manager to Execute Blanket Purchase Orders and Purchase Agreements with National Auto Fleet Group and Mission Valley Ford San Jose for a Combined Amount Not-to-Exceed $1,200,000.00 and Approve Sole Source with Mission Valley Ford San Jose (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602)
Category: Consent Calendar-Community Services and Sustainable Infrastructure

Meeting Date: 8/15/2023
Recommendation: Adopt a resolution authorizing the City Manager to execute blanket purchase orders and purchase agreements with National Auto Fleet Group and Mission Valley Ford San Jose for a combined amount not-to-exceed $1,200,000.00 and execute purchase agreements and approve sole source with Mission Valley Ford San Jose.

Background:

The City’s fleet consists of 302 units, including sedans, work trucks, patrol vehicles, fire engines, and specialized trucks to support the City’s operations. In recent years, the automotive industry has seen shortages in microchips and materials reducing the available inventory. Manufacturers such as Ford have also restricted the number of units any government agency can order in a year due to reduced production numbers.

Additionally, order banks dates have been opened randomly with very little notice to place an order. The combination of these issues has restricted the City’s ability to procure the necessary vehicles. To demonstrate the impacts these challenges have upon City operations, in Fiscal Year 2022-23, the City budget included the appropriation to purchase ten (10) vehicles; however, the City was only able to purchase and receive delivery of three (3) vehicles.

As part of the approved budget for FY 2023-24, twenty (20) vehicles are scheduled to be replaced or purchased. Vehicle brands and model types vary based on the department’s operations and may be altered based on available inventory. However, Ford is the standard for the majority of the City’s fleet.

Table 1. Vehicles to be Purchased
Vehicle Brand Model Type Department Approved Budget
Ford Superduty (F-250) Public Works – Parks $54,485
Ford Superduty (F-250)* Public Works – Utilities $54,485 Ford Superduty (F-250)* Public Works – Utilities $54,485 Ford Superduty (F-250) Public Works – Utilities $54,485 Ford Superduty (F-250) Public Works – Utilities $54,485 Ford Maverick* Public Works – Parks $37,680
Ford Maverick* Public Works – Trees & Landscape $37,680 Ford Ranger Engineering $38,895
Ford Ranger Engineering $38,895
Ford Ranger Engineering $38,895
Ford Ranger Engineering $38,895
Ford Utility Interceptor (Hybrid) Police $82,568
Ford Utility Interceptor (Hybrid) Police $82,568
Ford Utility Interceptor (Hybrid) Police $82,568
Ford Utility Interceptor (Hybrid) Police $82,568
Ford Utility Interceptor (Hybrid) Police $82,568
Unmarked Unmarked Police $52,536
Toyota RAV 4 Building $36,588
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Toyota RAV 4 (Hybrid) Building $33,412
Toyota Sienna (Paratransit) Recreation $75,000
Total Vehicle Replacement Budget $1,113,741
* New fleet additions

Analysis:

Staff has been working with industry experts on strategies for vehicle procurement and is recommending a combined approach of a cooperative purchase through Sourcewell and purchasing directly from Mission Valley San Jose Ford. On November 4, 2023, National Auto Fleet Group was awarded a bid through Sourcewell (contract 091521-NAF) for cars, trucks, vans, SUVs, cab chassis, and other vehicles. Sourcewell (formerly NJPA) is a cooperative purchasing contract that allows state and local governments to purchase goods and services from approved industry vendors. Agencies that use these contracts are bound by the terms, conditions and pricing provided by the agreements. Staff recommends a cooperative purchase through Sourcewell for the purchase of vehicles budgeted for FY2023-24. Since order banks have not opened, staff is unable to confirm how many vehicles can be purchased through this cooperative agreement; therefore, staff recommends establishing a blanket purchase order with National Auto Fleet Group. This will position the City to be able to move quickly with vehicle purchases as vehicles become available.

If the City is unsuccessful in purchasing all vehicles through National Auto Fleet due to limitations on government agencies, or the timing of opening the order banks does not work for the City, staff recommends approving the sole source determination for Mission Valley San Jose Ford for the purchase of Ford vehicles.

Mission Valley San Jose Ford is the only south bay dealership that provides government pricing for commercial vehicles and superduty work trucks. The local Ford commercial dealer, is the sole source vendor in the region for the purchase of Ford Superduty work trucks. Usual purchasing practices in acquiring vehicles and other major equipment is by following formal bid procedures, which are outlined in the City’s Municipal Code Section I-2-3.01(3). However, under Section 1-2-3.06, “A contract may 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.” In addition to approving Mission Valley San Jose Ford as the sole source vendor, staff is also recommending establishing blanket purchase orders.

This strategy gives the City the ability to have vehicles built-to-order through National Auto Fleet Group or to procure vehicles with on-site available inventory with Mission Valley Ford San Jose. These blanket purchase orders will increase buying power and provide the necessary flexibility to meet the vehicle replacement schedule. Purchase orders would be issued to both vendors with a combined not-to-exceed amount of $1.2 million.

Policy Alternatives:

Alternative 1: Choose to not approve the authorization of the vehicle and equipment purchases.

Pros: Cost savings
Cons: Reduced response capability for Police Patrol and Investigations units, reduced responsiveness of Public Works crews and increased repair costs for aging/end-of-life Public Works vehicles.

Reason to not recommended: Capital outlay requests were vetted during the FY2023-24 Operating Budget process. Funds have been set aside for the vehicles requested in both the Equipment Replacement and individual department operating budgets. Additionally, keeping vehicles longer than its useful life results in higher maintenance costs, excessive downtimes, increase to employee safety, and higher greenhouse gas emissions.

Fiscal Impact:

The total cost for replacement has been budgeted in the FY2023-24 budget in the amount of $1,113,741 through various department budgets.

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California Environmental Quality Act:

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

Recommendation:

Adopt a resolution authorizing the City Manager to execute blanket purchase orders and purchase agreements with National Auto Fleet Group and Mission Valley Ford San Jose for a combined amount not-to-exceed $1,200,000.00 and execute purchase agreements and approve sole source with Mission Valley Ford San Jose.

Attachment:

1. Resolution

2. Sourcewell (contract 091521-NAF)

3. Sole Source Request Form
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RESOLUTION NO. ______

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

THE CITY MANAGER TO EXECUTE BLANKET PURCHASE ORDERS AND PURCHASE

AGREEMENTS WITH NATIONAL AUTO FLEET GROUP AND MISSION VALLEY FORD SAN JOSE IN THE COMBINED AMOUNT NOT-TO-EXCEED $1,200,000 AND APPROVING A

SOLE SOURCE WITH MISSION VALLEY FORD SAN JOSE

WHEREAS, The City’s fleet consists of 302 units, including sedans, work trucks, patrol vehicles, fire engines, and specialized trucks to support the City’s operations. In recent years, the automotive industry has seen shortages in microchips and materials reducing the available inventory. Manufacturers s uch as Ford has also restricted the number of units any government agency can order in a year due to reduced production numbers. Additionally, order banks dates have been opened randomly with very little notice to place an order. The combination of these i ssues has restricted the City’s ability to procure the necessary vehicles; and

WHEREAS, in Fiscal Year 2022 -23, in Fiscal Year 2022 -23, the City budget included the appropriation to purchase ten (10) vehicles; however, the City was only able to purchase and receive delivery of three (3) vehicles; and

WHEREAS, Milpitas Municipal Code Section I-2-3.08 (“Cooperative Procurement”) authorizes the City Council to award contracts without competition, when the purchase is pursuant to a cooperative agreement by another public agency in California that used competitive negotiation or bidding procedures at least as restrictive as the City’s; and

WHEREAS, Municipal Code Section I -2-3.08 specifically authorizes the Purchasing Agent to make such purchases based on an agreement or cooperative purchasing program entered into by a public agency, as defined by Government Code Section 6500, regardless of whether the City is a named party to the agreement or an actual participant in such a program, provided that the underlying purchase was made using competitive negotiation or bidding procedures at least as restrictive as the City’s, and that the supplies or general services purchased must be the same and be offered at the same price as the supplies and general services subject to the agreement or program; and

WHEREAS, on November 4, 2023, contract No. 091521-NAF was awarded to National Auto Fleet Group pursuant to Sourcewell (formerly known as the National Joint Powers Alliance) Request for Proposal (RFP) No. 120716 entitled “Vehicles, Cars, Vans, SUV’s, and Light Trucks with Relate d Equipment, Accessories and Services,” and is current through November 8, 2025, and

WHEREAS, Milpitas Municipal Code Section I -2-3.06 specifically allows contracts 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 rea son 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; and

WHEREAS, the Purchasing Agent has determined that Mission Valley Ford San Jose, the local Ford commercial dealer , is the sole source in the localregion for the purchase of Ford Superduty work trucks; and

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2 Resolution No. ____
WHEREAS, if the City is unsuccessful in purc hasing all vehicles thorough the cooperative procurement agreement, and after conducting a good faith review of the available sources pursuant to Milpitas Municipal Code Section I-2-3.09 (Sole Source Procurement), the City’s Purchasing Agent has determined that Mission Valley Ford San Jose is the only South Bay Ford dealer that provides government pricing for commercial vehicles and supplies Ford Superduty trucks and therefore, has recommended it as a sole source for these Ford vehicles.

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

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

2. The City Council approves Mission Valley Ford San Jose as the sole source for purchasing Ford vehicles.

3. The City Manager is authorized to execute two (2) blanket purchase orders with the National Auto Fleet Group and Mission Valley Ford San Jose for a combined total amount not-to-exceed $1,200,000.

4. The City Council authorizes the City Manager to execute purchase agreements with National Auto Fleet Group and Mission Valley Ford San Jose.

PASSED AND ADOPTED this day of , 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

Michael Multalipassi, City Attorney

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091521-NAF

Rev. 3/2021 1

Solicitation Number: RFP #091521

CONTRACT

This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and 72 Hour LLC dba: National Auto Fleet Group, 490 Auto Center Drive, Watsonville, CA 95076 (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT

A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires November 8, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.

C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES

A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. 



 





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Rev. 3/2021 2

Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new and the current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING

All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be 



 





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returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS

Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:

x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; 



 





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x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING

A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell 



 





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contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE

A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:





 





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x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT

A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:

x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased 



 





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by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE

Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE

A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.

D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.




 





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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS

Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES

Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT

A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, 



 





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resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws.

5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.





 





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14. GOVERNING LAW, JURISDICTION, AND VENUE

The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE

Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY

If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES

A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract. 



 





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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:

x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms 



 





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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate

Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is 



 





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primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE

A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION

Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.





 





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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS

Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions. 



 





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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names 



 





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of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation 



 





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and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.

T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.





 





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22. CANCELLATION

Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell 72 Hour LLC dba: National Auto
Fleet Group

By: __________________________ By: __________________________ Jeremy Schwartz Jesse Cooper
Title: Chief Procurement Officer Title: Fleet Manager

Date: ________________________

Date: ________________________

Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO

Date: ________________________





 






 

 








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Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC




 





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Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC




 





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Item # C14.

V.011322

CITY OF MILPITAS

SOLE SOURCE OR

SOLE BRAND (STANDARDIZATION) REQUEST

THIS FORM MUST BE COMPLETED AND APPROVED

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

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

Per the aforementioned Municipal Code section, a standardization of supplies, materials or equipment, including information and communication technology products and services and subsequent sole brand procurement is authorized, when the Purchasing Agent has determined that it is required for the health, safety or welfare of the people or employees of the City, or that cost savings have been demonstrated. Among the fact ors that may be considered in determining to standardize on a single brand or trade name are that:
a) In order to acquire a specific product(s) for the purpose of conducting a field test or experiment to determine the product's suitability for use by the City. b) When it is required for proper operation or function to match other products with respect to the repair or expansion or completion of a system or program already in use by the City, including, but not limited to, technology purchases required to achieve interoperability with existing hardware, software, systems or programs. c) In order to achieve significant cost savings based upon consideration of the following cost factors: (1) Timeliness and quality of installation, repair and maintenance; (2) Quality of user training; (3) Supplies and replacement parts; (4) Modification of existing equipment, materials or systems; (5) Future upgrades and updates; (6) Estimated amount and cost of reasonably foreseeable future purchases of equipment that would be required to be compatible or functional with the product which is the subject of the standardization determination; and/or (7) Administrative costs. 351
Item # C14.

V.011322

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

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

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

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

As part of the FY 2023 -24 Vehicle Replacement Schedule, there are eleven (11) Ford vehicles scheduled to be replaced. See below for FY 2023-24 Vehicle Replacement Schedule:

Vehicle Brand Model Type Department Approved Budget
Ford Superduty (F-250) Public Works – Parks $54,485
Ford Superduty (F-250) Public Works – Utilities $54,485 Ford Superduty (F-250) Public Works – Utilities $54,485 Ford Superduty (F-250) Public Works – Utilities $54,485 Ford Superduty (F-250) Public Works – Utilities $54,485 Ford Maverick Public Works – Parks $37,680
Ford Maverick Public Works – Trees & Landscape $37,680 Ford Ranger Engineering $38,895
Ford Ranger Engineering $38,895
Ford Ranger Engineering $38,895
Ford Ranger Engineering $38,895
Ford Utility Interceptor (Hybrid) Police $82,568
Ford Utility Interceptor (Hybrid) Police $82,568
Ford Utility Interceptor (Hybrid) Police $82,568
Ford Utility Interceptor (Hybrid) Police $82,568
Ford Utility Interceptor (Hybrid) Police $82,568
Unmarked Unmarked Police $52,536
Toyota RAV 4 Building $36,588
Toyota RAV 4 (Hybrid) Building $33,412
Toyota Sienna (Paratransit) Recreation $75,000
Total Vehicle Replacement Budget $1,113,741

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3. Please provide the total not-to-exceed amount of the purchase and/or agreement/contract as well as the requested term. (if buying software, the City’s standard term is five years) Total Cost: $1,200,000 Term: 1 year
Detailed cost breakdown explanation per year:

Year 1: $1,200,000
Year 2:

Year 3:

Year 4:

Year 5:

4. For goods: What are the unique performance features of the product/brand requested that are not available in any other product/brand? For services: What unique qualifications, rights, degrees, certifications, licenses and/or experience does this vendor possess? Due to inventory shortages, staff is recommending approving a sole source with Mission Valley Ford San Jose and executing a blanket purchase order to procure Ford vehicles to meet the FY 2023 -24 vehicle replacement schedule. Mission Valley Ford San Jose is the only South Bay Ford dealer that provides government pricing for commercial vehicles and suppliesFord Superduty trucks.

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

The City has elected Ford as the City fleet standard for maintenance and operational efficiency. See FY 2023-24 Vehicle Replacement Schedule listing under question 4.

Mission Valley Ford San Jose
Wayne Lattin
780 E Brokaw Rd.

San Jose, CA 95112
408-933-2300
[email protected]

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

See FY 2023-24 Vehicle Replacement Schedule listed under question 4.

I HEREBY CERTIFY THAT:

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

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

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

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

Requestor: Samu Tiumalu, Public Works Manager (Facilities & Fleet) Date: August 10, 2023 Department Head: ____________________________________ Date:

PURCHASING DIVISION USE ONLY:

APPROVED: Yes No
Purchasing Agent: __________________________________ Date:

Purchasing Agent’s Written Determination:
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V.011322

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

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

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

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

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

Sole Source Requests Over $100,000
Sole Source requests over $100,000 require submission of an Agenda Report Sample - Sole Source Agenda Report and approval by City Council and require submission of a resolution as in the Sample - Sole Source Resolution. If you are making a second sole source purchase, over $100,000, within the five -year life of the original sole source purchase you are still required to submit an AR to City Council , and at a minimum, the report should confirm the findings in the prior sole source resolution are still accurate and that nothing has changed in the marketplace or elsewhere. If anything has changed, then a new resolution is required. If 355
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nothing has changed, then the Department can rely on the prior resolution but should include language in the AR indicating that all previous findings and conclusions are still accurate, and staff is not aware of any new information that would change those findings or conclusions in the prior sole source resolution.

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

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

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

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

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

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

3. Features which exceed the minimum department requirements.

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

5. A request for “no substitution” submitted without justification. This is just a sole source or sole brand request without justification and will be rejected 356
Item # C14.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Receive an Update on the Emergency Repairs to the HVAC System and Equipment at City Hall and at the Public Works/Information Technology/Police Department Buildings and Determine that the Condition Continues to Constitute an Emergency (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602) Category: Consent Calendar-Community Services and Sustainable Infrastructure

Meeting Date: 8/15/2023
Recommendation: (1) Receive an update on the emergency repairs to the HVAC system and equipment at City Hall and at the Public Works/Information Technology/Police Department Buildings; and (2) Determine by a four-fifths vote that the condition continues to constitute an emergency.

BACKGROUND:

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

Consistent with applicable State law and Council Resolution, on April 27, 2023, the Public Works Director declared an emergency and authorized the City to contract with its existing HVAC maintenance contractor, Environmental Systems Inc. (ESI), for the emergency r epairs to the HVAC system at City Hall and the Public Works, Information Technology and Police Department buildings. The Information Memorandum issued on that date outlined the various equipment issues and provided a cost estimate of $ 899,300.

ANALYSIS:

Below is a current update on the status of emergency repairs to the HVAC systems at City Hall and the Public Works, Information Technology and Police Department Buildings.

City Hall
The scope of work authorized repairs to the boiler, air handlers, and variable air volume (VAV) boxes to the City Hall building, and to date, there has been significant progress to these various items.

The repairs to air handler #1 and air handler #2 were completed with the installation of new compressors. Repairs to the variable air volume (VAV) boxes were also c ompleted. The remaining pending item is the delivery of the new boilers and pumps, which remains on-schedule with an estimated delivery of mid-September.

Public Works/Information Technology/Police Department
At this facility, the Building Management System (BMS), boiler pumps and VAV boxes were identified as in need of emergency repairs.
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The parts and materials for the boiler and chilled water pumps have been ordered and expected to arrive mid - September. Assessment of the VAV boxes was completed and additional repair work will be required that was not originally included in the emergency declaration. The additional work is estimated at $750,000 . Staff is developing a work plan to address the additional VAV box failures and BMS control repairs and anticipates soliciting bids this fall.

FISCAL IMPACT:

Funding for these repairs is available in the City’s Capital Improvement Program (CIP) budget and has been fully encumbered CIP Project 3499 - HVAC Systems Repairs funded $620,000 for the upgrades to the Building Management System (BMS) and Variable Air Flow (VAV) boxes at both buildings. The remaining repairs were funded by CIP Project 3406 – City Building Improvements in the amount of $279,300.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

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

RECOMMENDATIONS:

1. Receive an update on the emergency repairs to the HVAC system and equipment for City Hall and the Public Works, Information Technology and Police Department buildings.

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

ATTACHMENT(s):

None
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CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Approve Three Youth Advisory Commission 2023 Scholarship Recipients (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586- 3409)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 8/15/2023
Recommendation: Approve three Youth Advisory Commission Community Service Scholarships of $600.00 each for a total amount of $1,800.00.

BACKGROUND:

Each year, the Youth Advisory (YAC) awards service scholarships to Milpitas residents who are high school students, in Junior or Senior (outgoing) standing. The YAC scholarship is a valuable opportunity for Milpitas Teens in the applicable grades that are making an impact in their community. Scholarships are awarded in the amount of $600 per student and are recommended by the Youth Advisory Commission to the City Council for final approval. Youth Advisory Commission members are not eligible for this scholarship.

17 applications were received by the June 7, 2023, deadline. Scholarships applications were reviewed at the June 8, 2023, YAC meeting, under the following established criteria:

• Must demonstrate a history of community service beyond any school requirements. • Must demonstrate exemplary leadership and be a role model in his/her community. • Must complete the scholarship questionnaire, consisting of one short essay question. • Must possess a minimum 2.5 accumulative, weighted GPA. Transcript is required. • One (1) letter of recommendation, including contact information, from a teacher, counselor, or organization leader.

Redacted copies of all the applications received and reviewed are included in the meeting packet.

ANALYSIS:
17 Youth Advisory Commission Scholarship applications were received by the June 7, 2023, deadline.

Scholarships applications were reviewed at the June 8, 2023, YAC meeting, under the following established criteria:

• Must demonstrate a history of community service beyond any school requirements • Must demonstrate exemplary leadership and be a role model in his/her community • Must complete the scholarship questionnaire, consisting of one short essay question • Must possess a minimum 2.5 accumulative, weighted GPA. Transcript is required • One (1) letter of recommendation, including contact information, from a teacher, counselor, or organization leader.

Scholarship applications were reviewed at the June 8, 2023, YAC meeting. Commissioners ranked each application on a 1-5 scale with 5 being the highest score. Application scores were tallied and totaled to determine the top three (3) scores and the recipients of the scholarship.

The YAC unanimously voted to recommend for City Council final approval to award scholarships of $600 each to:
1) Marilyn Do – Milpitas High School 11th Grader;
2) Adrian Dang – Milpitas High School 11th Grader; and
3) Jaina Gandhi – Milpitas High School 12th Grader
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POLICY ALTERNATIVE(S):

Alternative 1: Decline to award the YAC Scholarships as recommended by the Commission Pros: Staff will not have to complete necessary paperwork and distribute checks and focus on other assigned projects and tasks.

Cons: Students who participated in and were recommended for award in the competitive scholarship process will not receive needed funds for their continuing education.

Reason for Not Recommending: Students who participated in and were recommended for award in the competitive scholarship process will not receive needed funds for their continuing education.

FISCAL IMPACT:

Awarding the proposed scholarships requires a budget transfer of $1,800 from the Youth Programs Holding Account HA#1377-2500 into Recreation and Community Services operating budget 100-164-4205. The Youth Programs Holding Account balance is $15,703.65, which fully funds this recommendation. Should this item be approved, the remaining holding account balance will be $13,903.65.

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 three Youth Advisory Commission Community Service Scholarships in the amount of $600.00 each for a total amount of $1,800.00 to 1) Adrian Dang, 2) Marilyn Do and 3) Jaina Gandhi.

Attachment(s):
1) YAC Meeting draft Minutes from June 8, 2023;
2) Budget Transfer Form; and
3) Scholarship Applications

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CITY OF MILPITAS
Youth Advisory Commission

May 11, 2023 Youth Advisory Commission Minute Page 1

MEETING MINUTES
6:11 pm
Thursday, June 8, 2023
40 N. Milpitas Blvd. Milpitas, CA 95035

CALL TO ORDER Chair Plummer called the meeting to order at 6:11 pm. Chair Plummer called the roll.

ROLL CALL PRESENT: Commissioners Rachel Plummer, Crystal Huang, Natalie Chen, Ashton Chen

ABSENT: Commissioners Nitya Kaki, Vanessa Lam, Srinand Mudunuri, Parnika Sadhu, Nia Gupte

City Liaison: Councilmember Hon Lien

City Staff: Vince Collantes – Acting Recreation Program Coordinator Ming Chen – Public Service Assistant II

PLEDGE of ALLEGIANCE Chair Plummer led the pledge of allegiance.

ALTERNATE SEATING NA

APPROVAL OF AGENDA Motion/Second Plummer/Huang

AYES: All

APPROVAL OF MINUTES Motion/Second Huang/Kaki
AYES: Kaki, N. Chen, Huang
ABSTAIN: Plummer

PUBLIC FORUM NA

ANNOUNCEMENTS NA

BUSINESS ITEMS A. Youth Advisory Scholarship – City Staff/Commission Background: Each term, the Youth Advisory Commission awards a service scholarship to a deserving Milpitas resident who is a high school student, Junior or Senior (outgoing) standing. This year, the scholarship will award three students, with each student receiving a $600 scholarship.

Recommendation: Vote and approve three applicants for this year’s 2022-23 scholarship.

Motion to approve the following applicants for the 2022-23 YAC Scholarship:

Marylyn Do, Milpitas High School 11th grade
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May 11, 2023 Youth Advisory Commission Minute Page 2

Jaina Gandhi, Milpitas High School 12th grade
Adrian Dang, Milpitas High School 11th grade

M/S: Plummer/Huang
Ayes: All

B. Work Plan 2022-23 Completion – City Staff/Commission Background: At the beginning of each fiscal term, the Youth Advisory Commission develops a work plan for the upcoming term. This plan encompasses goals for the Commission. Preparation of this work plan will be presented to the City Council for approval.

Recommendation: Review items that were completed and discuss the rollover of the non-completed to 2023-24.

Commission continued their discussion of the 2022-23 Work Plan.

LIAISON REPORT

A. Report from City Staff
City Staff shared to the Commission of the current and future events happening at the Teen Center.

B. Report from City Liaison
City Liaison shared to the Commission of some events in the surrounding area.

UPCOMING AGENDA NA

ADJOURNMENT Chair Huang adjourned the meeting at 6:35 p.m. The next Commission meeting will be on August 10, 2023 at 6:00 p.m.

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City of Milpitas, California

BUDGET CHANGE FORM

From (Credit) To (Debit)
Type of Change

Account

Amount

Account

Amount
Check one:

 Budget
Appropriation

Budget Transfer

100-3652

$1,800

100-164-4205

$1,800

Recommendation: Approve three Youth Advisory Commission Community Service Scholarships of $600.00 each for a total amount of $1,800.00.

BACKGROUND:

Each year, the Youth Advisory (YAC) awards service scholarships to Milpitas residents who are high school student s, in Junior or Senior (outgoing) standing. The YAC scholarship is a valuable opportunity for Milpitas Teens in the applicable grades that are making an impact in their community. Scholarships are awarded in the amount of $600 per student and are recommended by the Youth Advisory Commission to the City Council for final approval. Youth Advisory Commission members are not eligible for this scholarship.

17 applications were received by the June 7, 2023, deadline. Scholarships applications were reviewed at the June 8, 2023, YAC meeting, under the following established criteria:

• Must demonstrate a history of community service beyond any school requirements. • Must demonstrate exemplary leadership and be a role model in his/her community. • Must complete the scholarship questionnaire, consisting of one short essay question. • Must possess a minimum 2.5 accumulative, weighted GPA. Transcript is required. • One (1) letter of recommendation, including contact information, from a teacher, cou nselor, or organization leader.

Redacted copies of all the applications received and reviewed are included in the meeting packet.

ANALYSIS:
17 Youth Advisory Commission Scholarship applications were received by the June 7, 2023, deadline. Scholarships applications were reviewed at the June 8, 2023, YAC meeting, under the following established criteria:

• Must demonstrate a history of community service beyond any school requirements • Must demonstrate exemplary leadership and be a role model in his/her community • Must complete the scholarship questionnaire, consisting of one short essay question • Must possess a minimum 2.5 accumulative, weighted GPA. Transcript is required • One (1) letter of recommendation, including contact information, from a teacher, counselor, or organization leader.

Scholarship applications were reviewed at the June 8, 2023, YAC meeting. Commissioners ra nked each application on a 1-5 scale with 5 being the highest score. Application scores were tallied and totaled to determine the top three (3) scores and the recipients of the scholarship.

363
Item # C16.

The YAC unanimously voted to recommend for City Council final approval to award scholarships of $600 each to:
1) Marilyn Do – Milpitas High School 11th Grader;
2) Adrian Dang – Milpitas High School 11th Grader; and
3) Jaina Gandhi – Milpitas High School 12th Grader

POLICY ALTERNATIVE(S):

Alternative 1: Decline to award the YAC Scholarships as recommended by the Commission Pros: Staff will not have to complete necessary paperwork and distribute checks and focus on other assigned projects and tasks.

Cons: Students who participated in and were recommended for award in the competitive scholarship process will not receive needed funds for their continuing education.

Reason for Not Recommending: Students who participated in and were recommended for award in the competitive scholarship process will not receive needed funds for their continuing education.

FISCAL IMPACT:

Awarding the proposed scholarships requires a budget transfer of $1,800 from the Youth Programs Holding Account HA#1377-2500 into Recreation and Community Services operating budget 100-164-4205. The Youth Programs Holding Account balance is $15,703.65, which fully funds this recommendation. Should this item be approved, the remaining holding account balance will be $13,903.65.

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 three Youth Advisory Commission Community Service Scholarships in the amount of $600 each for a total amount of $1,800 to 1) Adrian Dang, 2) Marilyn Do and 3) Jaina Gandhi.

Attachment(s):
1) YAC Meeting draft Minutes from June 8, 2023;
2) Budget Transfer Form; and
3) Scholarship Applications

 Check if City Council Approval required. Meeting: August 15, 2023

Requested by: Department Head: Renee Lorentzen Date:

Reviewed by: Finance Director: Lauren Lai Date:

Approved by: Acting City Manager: Ned Thomas Date:

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

FI/24786/V Form 30-222 (Rev. 1/92)
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Tell us about the community service project, activity, or experience you are most proud of.

What did you learn from that experience?
A herd of “animals” stampede through the front gates, grappling and smoldering each other.

Shrieks of joy pierce the ear. In the midst of this excitement, nervous anticipation and uncertainty remain hidden. Within the first week, everyone is confused, attempting to make sense of the overwhelming information and activities of teenage epitome - middle school.

This was my experience. Forced to comprehend staggering amounts of instructions during the first few days of school, while balancing an unaccustomed copious amounts of homework, I, along with fellow classmates, were incredibly lost.

When the pandemic hit, I watched my own sister similarly struggle as the limited exposure to middle school activities and opportunities further decreased. Not only did clubs decline in participation but scholarship opportunities and academic programs were not properly conveyed.

Thus, during freshman year, I resolved to bridge the breaching gap between elementary and middle school through my Gold Award project, “Connecting the Dots”. Forming a team of highly qualified speakers, consisting of both middle school department heads and former middle school students, I coordinated with elementary school principals and teachers to host informational seminars on the programs offered at the middle school for the sixth graders.

Over the span of 2.5 years of planning and execution, I, along with my team, hosted five seminars for over one hundred sixth-grade students and parents of the Milpitas Unified School District (MUSD). Ranging from detailed breakdowns of the math acceleration and district biliteracy programs to in-depth explanations of sports and clubs, my district-approved presentation helped clarify many common misconceptions while exposing students to important knowledge that would allow them to succeed at the high school level or above. Through feedback forms, my team was able to ensure the improving quality of the seminars.

To prevent any dwindling effects, I partnered with the Director of Secondary Education at the school district to establish permanent access to all resources presented in the seminars. Published on the MUSD and Pomeroy school website, my project continues to indirectly aid students and parents, counting more in the future, to this day.

Through this project, I not only learned how to navigate through obstacles (such as the sudden Omicron coronavirus surge) but also solidified my leadership skills, developed my communication techniques, and enhanced my public speaking voice. Most importantly, however, was the proof that I could change something; I could aid someone in a seemingly small part of 367
Item # C16.
their life, yet influence their entire future. In other words, this project became a personal testament to the impact of community service, a reminder to help others in my everyday life.

Tell us about a community service project, activity, or experience that was unsuccessful.

What did you learn from that experience and how do you use what you learned from that experience in a positive way?
Hands sweating, breathing shallow, and heart racing already although it hasn’t begun yet. Just as I gasp for another breath, one for comfort and relief, “BANG!” The events that followed that cross country race start still remain a vivid memory; once bitter, now pity and nostalgic.

As a once-aspiring marathon runner, I had always pushed myself in sports. From over-a-decade long swimming to daily 5 mile runs, with a little tip-toeing in basketball and tennis, I convinced myself that I was one thing - an athlete. Thus, heading into high school, I had one goal: Make it to CCS for cross country.

When the COVID-19 circumstances lessened its grip on the world my sophomore year, my dream became much more achievable. My times dramatically improved and were on par with qualifying standards, and CCS was allowed to be hosted. All that was left was to run the qualifying race.

Yet, with the overwhelming fear and pre-race nerves, I failed to do the most important step: fuel myself and relax. Ultimately, at the last 400m, I collapsed.

While seemingly associated with a negative view, this experience taught me many valuable lessons. For one, I learned the significance of balance. Whereas preparation - training or studying - is essential , resting is equally as crucial. To maintain the longevity of productivity and health, repose must also be prioritized. Likewise, balance can also be broadened to distributing an appropriate amount of time and effort to certain activities. Instead of preoccupation with solely one aspect of life, I learned to maximize my future opportunities by applying suitable dedication to pursuits that I envision in my prospective endeavors and success.

Moreover, I cultivated myself to accept the nuances of life, that unfavorable events will occur regardless. However, this “acceptance” does not refer to the adoption of the mindset of an external locus of control; instead, it is a reminder to not beat myself up but rather learn how to anticipate forthcoming situations and swiftly tackle them. 368
Item # C16.

Now, as I approach my daily hurdles, I am able to view this once disastrous race as a memorable learning opportunity. Applying the lessons I’ve extracted from this experience, I have been able to expertly avoid burn-out while steadily inching towards my future goals and facing obstacles head on.

How will this scholarship help you achieve your educational goal(s)? Tick…Tick…Tick… You yawn. Touching around, you stumble out of the warm bed to the closed bathroom door. Just as you yank the door open, you shriek -- perhaps from the pain of the sudden bright lights but mostly from the appearance of a wide-eyed child sitting upon the toilet seat, cuddling a book.

That would be me. Since I was a child, I’ve always always enjoyed engrossing myself in a thriller or a comforting romance. From reading under the covers with mini red and blue finger lights to sneaking novels at the dinner table, it was inevitable that I would have to wear glasses.

Thus began the annual trips to the optometrist. On the surface, it appeared to bore young children, yet, to me, there was something so inexplicably fascinating about the work of an optometrist. The hidden displays of the eye perfectly arranged on transparent cabinets captivated me. As I took the AP Biology and AP Psychology courses at Milpitas High School, my interest in optometry only surged. Hoping to satiate my curiosity, I delved deeper into the dynamics of the optic nerve with the lens and fovea, mimicking the eye structure with modeling clay and empty plastic bottles.

Hence, as I approach senior year, I hope to fuel my passion through the major of biochemistry at my future undergraduate school. But, with the weighing costs of a 4-year undergraduate degree on top of fees for school textbooks and OAT (Optometry Admissions Teset) prepbooks, saving enough money to apply for Optometry schools without drowning in excess student debt seems insurmountable. Not to mention, with the estimated average tuition and fees for the Optometry program being roughly $36,772 for state residents and $43,144 for out-of-state students, easing the bills with part-time jobs appear to have a limited impact. Moreover, when considering the mere 23 optometry schools stationed in the U.S, with only 3 located in California, the near 7k additional cost is very likely.

Thus, with this scholarship, I hope to ease the burden of my future student-debt, while climbing the staircase of education to reach my full potential as an aspiring optometrist. Furthermore, it will allow me to contribute and aid in society’s increasing dependence on glasses, giving back to the community. With that said, I would like to express my gratitude for this opportunity to guide me in my prospective ventures. Thank you so much!
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Youth Advisory Commission
Community Service Scholarship Questionnaire
(Attach to application)
Please type your response to the following short essay questions on a separate piece of paper. Responses should not exceed 500 words.

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All applications OHWWHU RI UHFRPPHQGDWLRQ and questionnaires are to be submitted by email, by June , 202 to: 9LQFH &ROODQWHV, Recreation Program Coordinator E-mail: YFROODQWHV#PLOSLWDVJRY
Questions: (408) 586-3231
I, the undersigned, do herby agree to allow the individual named herein to participate in the YAC Community Service Scholarship program. I certify that all statements made in this application are true and correct to the best of my knowledge, and I agree and understand that if I am to receive this scholarship, any false statements may result in my disqualification.

Signature of Applicant Date
3DUHQW 6LJQDWXUH Date
06/06/2023Adrian Dang
Mom told me that I cried straight for the first week of kindergarten. Transferring to middle school and later to high school, with new classes and the need to “fit in,” my world seemingly turned upside down. Entering new environments always made me feel anxious. Time passed. I became a high school senior, together with my friends, worrying about college applications and my l fe at co lege. But this time, I wanted to proactively help myse f and others.

I devised a plan to inv te current university students from nine UCs and other Ca ifornia universities to share tips on college applications and their student life experiences with my high school peers. Furthermore, I’d expand on my plan and create the Big-and-Little Project to help ease the transition from elementary to middle school and middle school to high school. I wanted to reassure the underclassmen through live examples of successful upperclassmen with real experiences at the schools they would transfer to. Within this experience-sharing program, I’d also combine options to provide opportunities for high schoolers and middle schoolers to earn community service hours and conduct their own community projects, such as giving underclassmen lessons about leadership, dance, arts, and more. By participating in the Big-and-Little project, both parties benefit through these mutua ly beneficial events.

Through the process of inviting speakers from my LinkedIn connections, I cultivated the abil ty to utilize social media to approach and ask for collaboration from people I have never met. I also learned how to create mutually beneficial events for participants.

Successfully, I invited speakers from UCs, Stanford, Santa Clara, SJSU, and USC to share their experiences with us. On September 19th, 2022, I hosted the first virtual small talk on Google Meet with the participation of a speaker from UCSD and my high school peers and, after that, w th panel conferences from multiple univers ty students.

In the end, I felt grateful that there were many busy university students willing to lend a helping hand. I was overjoyed when my peers told me how much they learned and enjoyed hearing from these speakers. Likewise, I felt much more prepared and confident for my future at college.

This project taught me the power of collaboration and community support. It highlighted the importance of reaching out to others and the positive outcomes of these connections. Moreover, t reinforced the importance of sharing experiences to help your communit
y.

While involved with Project SHINE with Stanford Medicine, I faced an experience that did not go as planned. Since the beginning of April 2021, I helped with co-wr ting a script for an in-person vignette performance at M lp tas High School for Project SHINE's Family Communication Workshop. My partner and I vigorously prepared to showcase our in-person vignette for Stanford's Project SHINE Workshop. We had spent months writing, revising, and preparing for our rehearsal. We were excited to showcase our " Strength" vignette to the community.

But our plans took an unexpected turn before our first rehearsal. The global pandemic turned the world upside down, and as a result, all in-person vignettes for Project SHINE's Family Communication Workshop had to be transitioned to an online format.

While some of my team members could adapt their vignettes for online viewing without compromising the original story, our vignette relied heavily on physical interaction to create the intended emotional impact. After many discussions with my fellow team members and co-writer, we concluded that "Strength" could not effectively be conveyed through a screen and would not be shown at the virtual event as planned.

Faced with this challenge, within a few weeks, my partner and I had to find an alternative way to deliver the message of "Strength." But how could we have the same emotional impact? I knew music could resonate with people and carry messages, so I told my partner I would try using music to complement our virtual event for the emotional impact we wanted. Recognizing the power of music to resonate w th people and convey messages, I suggested incorporating music into our virtual event. Building upon my passion for creating music remixes and customizing shoes, I saw an opportunity to channel my creativity in a different direction. Drawing upon the stories and emotions shared in SHINE's Student Focus Groups, I created the two songs "Run" and "Keep Going" to promote our virtual event, complementing the emotional impact.

In the end, the setback of the "Strength" Vignette taught me another meaning of creativity. I learned that creativity extends beyond trad tional artistic mediums. Before, my creativity was through bringing my imagination into reality as I did in making custom shoes or remixes. But now, I learned that creativ ty also means solving problems innovatively and thinking out of the box for solutions. Creativity was also the abi ity to picturize emotions, convert them into sounds, and create an emotional impact. Ultimately, this experience taught me the value of problem-solving and thinking innovatively, expanding my understanding of creativity. The successful incorporation of music into our virtual event reinforced my drive to pursue psychology and utilize music to positively impact others' lives. I realized that music can be a powerful tool for mental wellness, helping individuals process emotions and find solace. By combining my passion for psychology and music, I hope to create new therapeutic approaches later in my career to promote mental well-being and enable many to pursue their dreams.

Being honored with this scholarship would mean so much to me. Not only does this scholarship of $600 contribute to achieving my educational goals, but it also acknowledges my hard work and contribution to the commun ty. I would allocate the funds to maximize their impact on my academic journey and continue positively impacting my community.

Firstly, a portion of the scholarship would support my enrollment in a computer science course at San Jose City College this summer. By investing in the computer science course, I want to utilize the knowledge gained in this course to further develop the Big & Little Project that I initiated during my senior year of High School.

The computer science course will equip me with valuable programming ski ls to help create an online platform for the Big & Little Project. This w ll provide me an opportun ty to continue to further develop the prior prototype webs te I had initially designed for the project. I plan on creating a more dynamic and interactive experience for participants, incorporating features such as a platform for direct communication w th current college students and alums. This would not only raise awareness of the project but also foster a vibrant community of support and guidance.

Furthermore, the scholarship funds will also contribute to funding a research project during my tenure at St. Olaf College. I'm intensely interested in complementary medicine and eager to explore its potential benefits and applications. With the scholarship, I can allocate funds to conduct research in this area, a lowing me to gain more valuable insights into the field.

This research project will also allow me to collaborate with faculty members and experts in the field, fostering meaningful mentorship relationships and expanding my professional network. The scholarship will alleviate financial constraints and enable me to focus more on the research, ensuring its quality and impact.

Overall, this scholarship would have a sign ficant pos tive impact on my educational journey. I am deeply grateful for the opportunity this scholarship provides, as it will not only contribute to supporting my academic endeavors but also encourage and enable me to create a positive impact in the fields I am passionate about. The financial assistance it provides will alleviate the burden of the costs of the summer course at San Jose City College and of my research project, allowing me to fully immerse myself in these educational experiences. With the scholarship's support, I am confident I can achieve my academic goals and make a difference in my chosen fields. 06/06/2023Tammy Vo
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Please type your response to the following short essay questions on a separate piece of paper.

Responses should not exceed 500 words.

1. Tell us about the community service project, activity, or experience you are most proud of. What did you learn from that experience?
Mom told me that I cried straight for the first week of kindergarten. Transferring to middle school and later to high school, with new classes and the need to “fit in,” my world seemingly turned upside down. Entering new environments always made me feel anxious. Time passed. I became a high school senior, together with my friends, worrying about college applications and my life at college. But this time, I wanted to proactively help myself and others.

I devised a plan to invite current university students from nine UCs and other California universities to share tips on college applications and their student life experiences with my high school peers. Furthermore, I’d expand on my plan and create the Big-and-Little Project to help ease the transition from elementary to middle school and middle school to high school. I wanted to reassure the underclassmen through live examples of successful upperclassmen with real experiences at the schools they would transfer to. Within this experience-sharing program, I’d also combine options to provide opportunities for high schoolers and middle schoolers to earn community service hours and conduct their own community projects, such as giving underclassmen lessons about leadership, dance, arts, and more. By participating in the Big-and-Little project, both parties benefit through these mutually beneficial events.

Through the process of inviting speakers from my LinkedIn connections, I cultivated the ability to utilize social media to approach and ask for collaboration from people I have never met. I also learned how to create mutually beneficial events for participants. Successfully, I invited speakers from UCs, Stanford, Santa Clara, SJSU, and USC to share their experiences with us. On September 19th, 2022, I hosted the first virtual small talk on Google Meet with the participation of a speaker from UCSD and my high school peers and, after that, with panel conferences from multiple university students.

In the end, I felt grateful that there were many busy university students willing to lend a helping hand. I was overjoyed when my peers told me how much they learned and enjoyed hearing from these speakers. Likewise, I felt much more prepared and confident for my future at college.

This project taught me the power of collaboration and community support. It highlighted the importance of reaching out to others and the positive outcomes of these connections. Moreover, it reinforced the importance of sharing experiences to help your community.

Overall, the Big-and-Little Project holds a special place in my heart because it not only allowed me to address my own anxieties about transitioning to college but also provided a platform for my peers to gain valuable knowledge and support. It taught me essential skills in networking, organization, and creating mutually beneficial events. Most importantly, it showed me the power 374
Item # C16.
of community and the profound impact individuals can have when they come together to support one another in times of change and uncertainty. I’ll continue mentoring this project while I’m in college and hope to receive this scholarship to expand it with more activities.

2. Tell us about a community service project, activity, or experience that was unsuccessful. What did you learn from that experience and how do you use what you learned from that experience in a positive way?
While involved with Project SHINE with Stanford Medicine, I faced an experience that did not go as planned. Since the beginning of April 2021, I helped with co-writing a script for an in-person vignette performance at Milpitas High School for Project SHINE's Family Communication Workshop. My partner and I vigorously prepared to showcase our in-person vignette for Stanford's Project SHINE Workshop. We had spent months writing, revising, and preparing for our rehearsal. We were excited to showcase our "Strength" vignette to the community.

But our plans took an unexpected turn before our first rehearsal. The global pandemic turned the world upside down, and as a result, all in-person vignettes for Project SHINE's Family Communication Workshop had to be transitioned to an online format. While some of my team members could adapt their vignettes for online viewing without compromising the original story, our vignette relied heavily on physical interaction to create the intended emotional impact. After many discussions with my fellow team members and co-writer, we concluded that "Strength" could not effectively be conveyed through a screen and would not be shown at the virtual event as planned.

Faced with this challenge, within a few weeks, my partner and I had to find an alternative way to deliver the message of "Strength." But how could we have the same emotional impact? I knew music could resonate with people and carry messages, so I told my partner I would try using music to complement our virtual event for the emotional impact we wanted. Recognizing the power of music to resonate with people and convey messages, I suggested incorporating music into our virtual event. Building upon my passion for creating music remixes and customizing shoes, I saw an opportunity to channel my creativity in a different direction. Drawing upon the stories and emotions shared in SHINE's Student Focus Groups, I created the two songs "Run" and "Keep Going" to promote our virtual event, complementing the emotional impact.

In the end, the setback of the "Strength" Vignette taught me another meaning of creativity. I learned that creativity extends beyond traditional artistic mediums. Before, my creativity was through bringing my imagination into reality as I did in making custom shoes or remixes. But now, I learned that creativity also means solving problems innovatively and thinking out of the box for solutions. Creativity was also the ability to picturize emotions, convert them into sounds, and create an emotional impact. Ultimately, this experience taught me the value of problem-solving and thinking innovatively, expanding my understanding of creativity. The successful incorporation of music into our virtual event reinforced my drive to pursue psychology and utilize music to positively impact others' lives. I realized that music can be a powerful tool for mental wellness, helping individuals process emotions and find solace. By combining my 375
Item # C16.
passion for psychology and music, I hope to create new therapeutic approaches later in my career to promote mental well-being and enable many to pursue their dreams.

3. How will this scholarship help you achieve your educational goal(s)? (400 words) Being honored with this scholarship would mean so much to me. Not only does this scholarship of $600 contribute to achieving my educational goals, but it also acknowledges my hard work and contribution to the community. I would allocate the funds to maximize their impact on my academic journey and continue positively impacting my community.

Firstly, a portion of the scholarship would support my enrollment in a computer science course at San Jose City College this summer. By investing in the computer science course, I want to utilize the knowledge gained in this course to further develop the Big & Little Project that I initiated during my senior year of High School.

The computer science course will equip me with valuable programming skills to help create an online platform for the Big & Little Project. This will provide me an opportunity to continue to further develop the prior prototype website I had initially designed for the project. I plan on creating a more dynamic and interactive experience for participants, incorporating features such as a platform for direct communication with current college students and alums. This would not only raise awareness of the project but also foster a vibrant community of support and guidance.

Furthermore, the scholarship funds will also contribute to funding a research project during my tenure at St. Olaf College. I'm intensely interested in complementary medicine and eager to explore its potential benefits and applications. With the scholarship, I can allocate funds to conduct research in this area, allowing me to gain more valuable insights into the field.

This research project will also allow me to collaborate with faculty members and experts in the field, fostering meaningful mentorship relationships and expanding my professional network.

The scholarship will alleviate financial constraints and enable me to focus more on the research, ensuring its quality and impact.

Overall, this scholarship would have a significant positive impact on my educational journey. I am deeply grateful for the opportunity this scholarship provides, as it will not only contribute to supporting my academic endeavors but also encourage and enable me to create a positive impact in the fields I am passionate about. The financial assistance it provides will alleviate the burden of the costs of the summer course at San Jose City College and of my research project, allowing me to fully immerse myself in these educational experiences. With the scholarship's support, I am confident I can achieve my academic goals and make a difference in my chosen fields.
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7/20/23, 8:43 AM Transcripts
https://go.musd.org/Transcripts.aspx 2/3
2020-2021 | San Jose City CollegeGrade 10 | Summer Session 2020-2021 | Milpitas HighGrade 9 | Spring Semester
2020-2021 | Milpitas HighGrade 9 | Fall Semester
2019-2020 | Math Jam MHSGrade 9 | Summer Session
2019-2020 | Thomas Russell MiddleGrade 8 | Spring - Q3
2019-2020 | Thomas Russell MiddleGrade 8 | Fall- Q2
2019-2020 | Thomas Russell MiddleGrade 8 | Fall - Q1
341 2021-2022 5 10 301062 AP Wrld Hist P H/AP A 5.00 5.00 341 2021-2022 5 10 402055 Chemistry H P H A 5.00 5.00
341 2021-2022 5 10 502245 Spanish II P A 5.00 5.00
341 2021-2022 5 10 703075 Leadership P A 5.00 5.00

5123 2020-2021 7 10 CULUSH COLLEV US Hist P H A 10.00 10.00 Hist of the US

341 2020-2021 6 9 100111 English IA P A 5.00 5.00
341 2020-2021 6 9 203555 Pre Calculus H P H A- 5.00 5.00 341 2020-2021 6 9 401045 Biology P A+ 5.00 5.00
341 2020-2021 6 9 502145 Spanish I P A+ 5.00 5.00
341 2020-2021 6 9 600201 PE 9 N P 5.00 5.00
341 2020-2021 6 9 703075 Leadership P A 5.00 5.00

341 2020-2021 5 9 100111 English IA P A 5.00 5.00
341 2020-2021 5 9 203555 Pre Calculus H P H B+ 5.00 5.00 341 2020-2021 5 9 401045 Biology P A+ 5.00 5.00
341 2020-2021 5 9 502145 Spanish I P A+ 5.00 5.00
341 2020-2021 5 9 600201 PE 9 N P 5.00 5.00
341 2020-2021 5 9 703075 Leadership P A 5.00 5.00

61338 2019-2020 7 9 UMATL3 ODTUCA Math L3 P P 10.00 10.00 Math III

232 2019-2020 3 8 101548 Engl Lang Arts8 CR 3.33 3.33 232 2019-2020 3 8 206246 Int CCMath II P CR 3.33 3.33 232 2019-2020 3 8 302048 US History 8 CR 3.33 3.33
232 2019-2020 3 8 400048 Science 8 CR 3.33 3.33
232 2019-2020 3 8 600208 PE 8 N CR 3.33 3.33
232 2019-2020 3 8 702979 Leadership MS N CR 3.33 3.33

232 2019-2020 2 8 101548 Engl Lang Arts8 A+ 3.33 3.33 232 2019-2020 2 8 206246 Int CCMath II P A 3.33 3.33
232 2019-2020 2 8 302048 US History 8 A 3.33 3.33
232 2019-2020 2 8 400048 Science 8 A+ 3.33 3.33
232 2019-2020 2 8 600208 PE 8 N A+ 3.33 3.33
232 2019-2020 2 8 702979 Leadership MS N A+ 3.33 3.33

232 2019-2020 1 8 101548 Engl Lang Arts8 A 3.33 3.33 232 2019-2020 1 8 206246 Int CCMath II P A- 3.33 3.33 232 2019-2020 1 8 302048 US History 8 A+ 3.33 3.33 383 Item # C16.
7/20/23, 8:43 AM Transcripts
https://go.musd.org/Transcripts.aspx 3/3
2018-2019 | Thomas Russell MiddleGrade 7 | Spring - Q3
2018-2019 | Thomas Russell MiddleGrade 7 | Fall- Q2
2018-2019 | Thomas Russell MiddleGrade 7 | Fall - Q1
232 2019-2020 1 8 400048 Science 8 A+ 3.33 3.33
232 2019-2020 1 8 600208 PE 8 N A+ 3.33 3.33
232 2019-2020 1 8 702979 Leadership MS N A+ 3.33 3.33

232 2018-2019 3 7 101047 Lang Arts 7 A+ 3.33 3.33
232 2018-2019 3 7 200048 Math 8 A+ 3.33 3.33
232 2018-2019 3 7 300047 Soc St 7 A+ 3.33 3.33
232 2018-2019 3 7 400047 Science 7 A+ 3.33 3.33
232 2018-2019 3 7 600207 PE 7 N A+ 3.33 3.33
232 2018-2019 3 7 702979 Leadership MS N A+ 3.33 3.33

232 2018-2019 2 7 101047 Lang Arts 7 A+ 3.33 3.33
232 2018-2019 2 7 200048 Math 8 A+ 3.33 3.33
232 2018-2019 2 7 300047 Soc St 7 A+ 3.33 3.33
232 2018-2019 2 7 400047 Science 7 A- 3.33 3.33
232 2018-2019 2 7 600207 PE 7 N A+ 3.33 3.33
232 2018-2019 2 7 702979 Leadership MS N A+ 3.33 3.33

232 2018-2019 1 7 101047 Lang Arts 7 A+ 3.33 3.33
232 2018-2019 1 7 200048 Math 8 A+ 3.33 3.33
232 2018-2019 1 7 300047 Soc St 7 A+ 3.33 3.33
232 2018-2019 1 7 400047 Science 7 A 3.33 3.33
232 2018-2019 1 7 600207 PE 7 N A- 3.33 3.33
232 2018-2019 1 7 702979 Leadership MS N A+ 3.33 3.33

No Transcript Indicators Defined
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CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Receive Staff Report and Presentation; Provide Direction on the Options Related to the Development and/or Disposition of the Parcels Located at 1432– 1488 South Main Street (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3053)
Category: Community Development

Meeting Date: 8/15/2023
Recommendation: Receive staff report and presentation; provide direction on purchase of 1432-1446 S. Main Street (Parcel 1) from the Housing Authority, and on options related to the parcels located at 1452-1488 S. Main Street (Parcels 2 and 3).

BACKGROUND:

On September 28, 2021, the City Council began discussion and on December 7, 2021, provided direction on the possible development or disposition of three parcels of land owned by the Milpitas Housing Authority and the City of Milpitas.

For the purposes of this item, we will refer to these parcels 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 parcel located at 1432-1446 South Main Street (“Parcel 1”) was transferred to the City of Milpitas Housing Authority by the former Milpitas Redevelopment Agency as a former redevelopment agency housing asset.

The parcels located at 1452-1466 South Main Street (“Parcel 2”) and 1474-1488 South Main Street (“Parcel 3”) are owned by the City of Milpitas itself.

Parcel 1 is considered a “housing asset,” and is therefore subject to the requirements of the Dissolution Law applicable to housing assets (set forth at Health and Safety Code Sections 34176 and 34176.1) and the applicable provisions of the Community Redevelopment Law. Accordingly, the Milpitas Housing Authority was required to either initiate activities on Parcel 1 that are consistent with the development of the property for affordable housing prior to August 31, 2022, or sell the parcel and deposit the sales proceeds in the Low and Moderate Income Housing Asset Fund (LMIHAF) to be used for future development of affordable housing elsewhere in the City. Parcels 2 and 3 are not subject to the same timeframe, but the City’s General Plan calls for high density housing over the long term. Since December 2021, a Phase II environmental site assessment, asbestos and led-based paint analysis, and an appraisal have been completed, and the services of a broker have been obtained to help prepare Parcel 1 for sale.

On June 20, 2023, the sale of Parcel 1 was discussed in closed session, and staff was directed to bring back a comprehensive discussion related to the disposition of the three parcels, including exploring long term leases in lieu of sale, for all parcels.

On February 28, 2023, as part of the presentation of the Proposed Five-Year 2024-2028 Capital Improvement Program, Council also provided direction for staff to explore a police substation on the parcels on South Main Street. A police substation is included as part of the infrastructure plan and impact fees for the TASP, now Metro, Specific Plan area.
388
Item # 17.

ANALYSIS:

There are several considerations related to the disposition of the three parcels including the interests of the Housing Authority, potential City use of the properties and associated funding, state requirements and legal considerations for the disposition of the parcels, as well as alignment with the Metro Specific Plan, the Economic Development Strategy, and the Parks and Recreation Master Plan.

Parcel 1
As noted above, Parcel 1 is a Housing Authority asset and in accordance with State law, should be sold as soon as possible. The monies from the sale would be deposited in the Housing Authority fund for future efforts to support affordable housing in the City. Since Parcel 1 is adjacent to the two City owned parcels on S. Main Street, the City could consider purchasing Parcel 1 from the Housing Authority and explore a long-term lease for all three parcels. If Council wishes to pursue this approach, staff will bring forward a discussion regarding price and terms for the purchase of Parcel 1 to a future City Council closed session.

Potential City Use of Parcels 2 and 3
The City needs to determine if it wishes to use Parcels 2 and 3, or a portion thereof, for City operations and services. Both these parcels are included in the Metro Specific Plan (formerly Transit Area Specific Plan) area and are approximately 1.7 gross acres in total size. The Metro Specific Plan envisions City facilities such as a police sub-station and additional parkland, both of which uses could potentially be located on these parcels.

There is $16.7 million in funding from development fees for parks and community facilities, with $1 million programmed in the adopted five-year CIP for a police substation and $3.6 million programmed for a new park in the Metro Tango area. The remaining $12.1 million is available for future parks and community facilities, however, it is important to note that the Metro Plan includes several other park and community facilities that have not yet been programmed and will require future funding.

Several scenarios were reviewed to renovate the current buildings into a police substation, consisting of an office area with parking to a more robust police substation with large evidence storage and an updated Emergency Operations Center (EOC) to address additional existing public safety needs. The consultant has provided preliminary cost estimates to staff, with the final report expected in late August. Based on preliminary cost estimates, the least expensive scenario (office area with parking and emergency back-up power generator) is estimated at $3.5 million. Adding evidence storage to the project would increase the total cost to approximately $6.6 million. Staff also reviewed the potential for renovating the rear building and enclosed area of Parcel 3 to serve as evidence storage only. Given the condition of the roof, electrical system, and need for additional repairs, rehabilitation was estimated at approximately $1.4 million. The cost of renovation is similar to new construction, so it would likely be more cost effective to incorporate a police substation as part of the future development of the site, rather than pursuing a near-term site renovation. Staff will provide the Mayor and City Council with further details on these cost estimates in an informational memorandum in September 2023.

In addition to the police sub-station, there are other public safety needs, such as evidence storage and an Emergency Operations Center, that could potentially be located on these two parcels. See Attachment A for a summary of a feasibility analysis. Given the anticipated growth in the Metro area and a likely need for parking, a parking garage could also be deemed a potential City use on these parcels.

It is important to note however, that at this time, there is no funding available for a new Emergency Operations Center or an evidence storage facility. Furthermore, other space and infrastructure issues need to be addressed at the existing Police headquarters so it may be more appropriate for the City to undertake a comprehensive analysis of the needs, potential funding mechanisms, and interim plans in case of a rehabilitation or replacement of the existing facilities. With regards to the other uses such as open space and parking, no scoping has been done thus far. If Council wishes to consider these City uses for Parcels 2 and 3 staff will need to return with proposed options.

Surplus Land Act
The Surplus Land Act (SLA) is the right of first refusal law that requires all local agencies to offer surplus land for sale or lease (unless lease is less than five years) to affordable housing developers and certain other entities before selling or leasing the land to any other individual or entity. Before a local agency disposes of land, it must first comply with a public bidding process unless a proposed disposition qualifies for an exemption 389 Item # 17.

approved by the California Department of Housing and Community Development. Parcels 2 and 3 are presently subject to the SLA if the City did not need the land for City operations and declared the parcels to be surplus. If the City acquired Parcel 1, that property would at that time become subject to the SLA for future dispositions.

There are some exemptions to the SLA. The majority of exemptions under the SLA pertain to situations where a property is to be developed for affordable housing, including the following potential uses for Parcels 1, 2, and 3:

 A development of any kind where not less than 80% of the property’s area is used for the development of housing, not less than 40% of the units built are affordable to households whose incomes are less than or equal to 75% of the maximum income of lower income households (with at least half of those units being affordable to very low income households), and all units affordable to persons of low or moderate income are restricted by agreement to remain affordable for not less than 30 years.  A housing development, put out to open, competitive bid, with ancillary commercial ground floor uses, that restricts 100% of the units to low and moderate income households, with at least 75% of the units restricted to lower income households. Further, the maximum sales price or rent for the units must not be higher than 20% below median market rents or sales prices in the neighborhood where site is located.  A mixed-use development, put out to open, competitive bid, that is more than one acre, that includes not less than 300 housing units, and that restricts 25% of the residential units to lower income households.

If the City declared one or more of these parcels to be surplus, but it did not qualify for an exemption, then the SLA would require the City to first market the property through a statutory, public process and negotiate in good faith with qualified responding potential developers before disposing of the surplus property in any other way. Regardless of whether a potential developer is found through this statutory marketing process or found thereafter, non-exempt surplus property must generally be disposed of subject to restrictions of one degree or another that require affordable housing to be built on the property.

The first step in the SLA process would be to determine if all or a portion of Parcels 2 and 3 would be declared as surplus land. Staff has developed conceptual designs for various City uses on these parcels and is seeking Council direction on the extent of these uses. As stated earlier, currently, there is a limited amount of funding for the sub-station and parks, but not for any of the other potential uses.

Housing Element Considerations
All parcels along South Main Street are designated in the Metro Plan and zoned for high-density residential development. This zoning has been in place since adoption of the original TASP and has not changed. Use of the property for a police substation, evidence storage, EOC, or any combination of non-residential land uses may require an amendment to the Metro Plan land use map and rezoning from R4 Multi-family Very High- Density Residential (with TOD Overlay) to the Institutional Zoning District. Most uses in the Institutional District require review and approval of a Conditional Use Permit by the Planning Commission.

Under the Housing Crisis Act of 2019 (Senate Bill 330), a jurisdiction may not take any action to reduce a parcel’s residential density or approve a development with fewer units than shown in the Housing Element unless it makes findings that the Housing Element’s remaining sites have sufficient capacity to accommodate the remaining unmet RHNA by each income level. Alternatively, the City may identify and make available adequate sites to accommodate the remaining unmet RHNA for each income category. The adopted Housing Element assumes a total of 207 units across all three parcels based on a maximum density of 85 du/ac very high density residential (Parcel 1 [1432-46 S. Main] max. 76 units; Parcel 2 [142-66 S. Main] max. 66 units; Parcel 3 [1474-88 S. Main] max. 65 units).

If the property is converted to a non-residential use, the Housing Element would need to be amended to identify alternative locations for any units that would be lost. The TOD Overlay on these parcels will allow ground-floor commercial and office uses, which could include a small Police substation. Non-residential uses are not allowed under current zoning except in a mixed-use format.

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Item # 17.

Existing Tenants
There are currently five business tenants and one residential tenant located on Parcel 1 and five business tenants located on Parcels 2 and 3. In December 2021, City Council directed staff to assist the existing tenants by connecting them to resources to help them identify other potential locations through the real estate broker contract. In general, state relocation requirements are triggered if the City develops a “public project” that displaces a resident or business. Examples of a public project includes affordable housing, park space, and municipal buildings. If triggered, the City would be required to provide a certain amount of financial assistance for relocation along with relocation advisory services. In most cases, the City would apply state requirements.

However, if federal funding is used in connection with the public project, then federal relocation requirements must be followed.

Potential Scenarios
The Council may consider various options related to the disposition of all three parcels. Key options are described below; however, it is important to note that there could be multiple variations for each option.

Option A (Recommended Option)
City purchases Parcel 1 from the Housing Authority, simultaneous development of all three parcels is negotiated through an SLA exemption process, City uses are incorporated on Parcels 2 and 3.

1. City buys Parcel 1 from the Housing Authority using a combination of funding from the Unrestricted Affordable Housing Fund (Fund 217) and the Affordable Housing Fund from Developer Fees (Fund 216).

2. City negotiates a long-term lease with a developer for all three parcels, ensuring that the percentage of affordable housing meets the requirements to qualify for an exemption from the SLA process.

3. Negotiations with the developer could include development and cost sharing agreement to include City uses such as a police substation and other public safety functions, open space, and parking.

Option B
Housing Authority sells Parcel 1 separately, but City could potentially negotiate development of Parcel 1 in conjunction with Parcels 2 and 3.

1. City declares Parcels 2 and 3 as surplus; with or without carve-outs for City use.

2. City issues a Notice of Availability (NOA) for a long-term lease for Parcels 2 and 3. The square footage for City uses could range from as low as 12,000 square feet to 24,000 square feet for public safety facilities and higher if open space and/or parking were to be considered. The square footage range for public safety facilities is based on the type and extent of City uses. For example, if the City builds an approximately 3,000 square feet substation with limited parking, the low end of the range would be required. However, if the City wants to use this land to build a substation, evidence storage, and an emergency operations center, the high end of the range would be required.

3. NOA is out for 60 days, negotiations ensue for 90 days if there are interested parties. Through the negotiations the City could solicit interest in the purchase of Parcel 1.

4. City enters into a long-term lease agreement for Parcels 2 and 3. In accordance with prior Council direction long term lease and to maximize flexibility for the future, a long-term lease is recommended over selling the properties.

5. Housing Authority sells Parcel 1 (if there is interest from the developer) and all parcels are developed for housing/mixed-use.

6. If City is unable to reach agreement within 90 days for reasons stipulated in the SLA, City can lease Parcels 2 and 3 to other parties.

Option C
The City takes no action and develops Parcels 2 and 3 in the future.

1. City continues to retain Parcels 2 and 3 in the near term and pursues a long-term lease in the future in accordance with legal requirements.

2. Parcel 1 is sold separately by the Housing Authority. 391
Item # 17.

City Council Discussion
Staff is seeking City Council feedback on the following:

1. Should the City make an offer to the Housing Authority to purchase Parcel 1?

2. Should the City take (or defer) action at this time on Parcels 2 and 3 or move forward with a long term lease in accordance with State requirements?

3. If Parcels 2 and 3 are to be declared as surplus land, how much land, if any, should be set aside for City uses?

4. Is there any additional direction about tenant assistance or should staff still follow the December 2021 Council direction?

POLICY ALTERNATIVE(S):

Not Applicable

FISCAL IMPACT:

If the City were to buy Parcel 1 from the Housing Authority, it could use funding from the Affordable Housing Fund 217, which is an unrestricted fund, and includes $2.5 million in fund balance.

California Environmental Quality Act (CEQA):

This item is not a project under the California Environmental Quality Act (CEQA) Guideline 15378(b). The project involves only feasibility or planning studies for possible future actions which the City has not approved, adopted, or funded and does not require the preparation of an EIR or negative declaration but does require consideration of environmental factors pursuant to Cal. Code Regs., tit. 14, § 15262.

RECOMMENDATION:

Receive staff report and presentation; provide direction on purchase of 1432-1446 S. Main Street (Parcel 1) from the Housing Authority, and on options related to the parcels located at 1452-1488 S. Main Street (Parcels 2 and 3).

Attachment(s):

None

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Item # 17.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Receive Report from the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Community Task Force (Staff Contact:

Renee Lorentzen, Recreation and Community Services Director, 408-586-3409) Category: Community Services and Sustainable Infrastructure Meeting Date: 8/15/2023
Recommendation: (1) Receive a report with the recommendations from the CEDAW Task Force; and (2) Consider the need for additional work by the CEDAW Task Force, or provide direction to sunset the Task Force on August 31, 2023.

Background:

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

The City of Milpitas passed Resolution No. 8973 on May 19, 2020, in support of CEDAW, and on June 16, 2020, adopted Ordinance No. 306 which directed the establishment of a community Task Force to implement the principles of CEDAW in the Milpitas community at large. In preparation for the formation of the Task Force, City Staff applied for and was awarded $25,000 from the California Commission on the Status of Women and Girls “Women’s Recovery Response,” for staff support to form the new Task Force for six months.

Task Force members included:

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

The Task Force members appointed by the City Council were:

Member Name Member Organization Task Force
Representative Seat
Mayor Carmen Montano City of Milpitas City Council
Representative
Vice Mayor Evelyn Chua City of Milpitas City Council
Representative
Vicky Ly Girl UP Club – MHS Youth Liaison – Girl UP
Zakia Afrin Maitri – Domestic
Violence Victims’
Advocacy
Violence Against Women
and Girls
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Item # 18.

Giuliana Brahim Milpitas Unified School
District
Economic Development
Dr. Swatisikta Healthcare Practice Healthcare
Ashwini Kantak,
Assistant City Manager
City of Milpitas City Appointed
Representative

Analysis:

Initial Assessments and Efforts
The first task force meeting was held on October 20, 2022. Overall, the first meeting provided an opportunity for members to introduce themselves, discuss the role of the task force, set meeting frequency, and receive an overview from staff on the CEDAW Grant. The CEDAW Task Force (CEDAW) decided to meet monthly to maximize their time together and be able to make any recommendations and share findings with the City Council by June 2023. The date for reporting findings and recommendations to City Council was shifted to August 2023 because of the agenda management workload at the end of the fiscal year.

Subsequent meetings in December 2022 and January 2023 allowed CEDAW to brainstorm their work plan and task force goals. The initial discussions provided consensus on a guiding draft work plan that included four focus areas and initial ideas of supporting tasks including the below:

1) Assessing Existing Conditions/Interests
a. Conduct Gender Analysis Framework
b. Conduct Community Survey
c. Identity Milpitas Wage Gaps/Gender Parity
d. Identify existing Milpitas programs and services
e. Identify crimes against women and girls in Milpitas
f. Identify Milpitas healthcare gender bias

2) Community Outreach
a. Tool Kit/Handbook to businesses/organizations: Self-Assessment, Action Plan Creation, Implementation
b. Host educational films
c. Support Existing Programs & Services
d. Tabling at local Events & Clinics

3) Collaborative Development
a. Build Collaborative with other Organizations
b. Citywide Action Plan Development
c. Domestic Violence Workshops
d. Self-Defense Classes
e. Safe Sex Practices Classes
f. Restraining Order Advocates
g. Parenting Classes
h. Self-Esteem Workshops
i. Digital Literacy Classes
j. Safety Net Connections

4) Grant and Funding opportunities
a. Seek Grants and other funding sources for Work Plan goals

Based on this draft work plan, City staff, and CEDAW developed a citywide survey on the status of women and girls to provide input on women and girls’ experiences and perspectives on their treatment and opportunities in Milpitas. This survey was promoted to residents at multiple citywide events, social media pages, farmers markets, paid ads, inclusion in the Recreation Summer Guide, which is mailed to all Milpitas households, and e-marketing to existing Milpitas program customers.
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Item # 18.

Additionally, staff invited NovaWorks to give a presentation on Local Workforce Statistics at the February 27, 2023, meeting. As part of the presentation, local data on the top 20 occupations in Milpitas, as well as the wage disparity by gender and level of education, were reviewed.

On March 29, 2023, staff reviewed the preliminary results of the Community Survey. Survey participation was low with only 38 responders. The task force discussed additional opportunities to seek feedback.

In April 2023, the task force reviewed updated survey results and began discussing recommendations based on their findings.

On May 24, 2023, the CEDAW Task Force received a presentation from the Milpitas Police Department on statistics on crimes against women and girls in Milpitas and reviewed final results of the survey, which indicated:

 The majority of responders were not aware of specific instances of discrimination against women in Milpitas.

 Of those who were aware, domestic violence is the most common type of discrimination.

 The public is least likely to know how to get help with housing and healthcare discrimination.

The majority of responders believed the Milpitas community is:
 Safe (79%),
 Respectful (72%),
 Supportive (63%),
 Offers Good Job Opportunities (54%)
A sizable group sees room for improvement in complaint follow-up and only 16% think agencies, organizations, and businesses follow up on complaints.

The top areas respondents would like to see as priorities, in order, are:

1. Housing assistance (rank 4.11 of possible 6)

2. Support for domestic violence victims (3.95 of 6)

3. Increased access to education, job training (3.61 of 6)

4. Affordable childcare (3.52 of 6)

5. Access to women’s healthcare (3.30 of 6)

6. Small business loans (2.52 of 6)

Final Recommendations and Considerations
Through the referenced eight (8) meetings and information gathering sessions, and survey results, the CEDAW task force synthesized its initial ideas and developed its final recommendations for City Council including their Mission and Vision statements, Recommendation Statements, and Recommendation Details as further detailed below.

CEDAW Task Force Mission and Vision

Mission
Strive to eliminate all forms of discrimination against women in Milpitas – with specific attention to economic development, health care, and violence against women and girls.

Vision
Milpitas recognizes that women and girls are valued members of our community and demonstrates its commitment to the elimination of discrimination against women and girls by ensuring that our City remains safe for women and girls, with increased awareness and access to resources for women and girls. 395
Item # 18.

CEDAW Task Force Recommendation Statements

1. Support women and girls who have experienced violence and economic disadvantage by maintaining robust Social Services programs through cooperative relationships with other agencies specializing in domestic violence support, employment, education, housing, and healthcare.

2. Promote and increase Awareness and include Local Resources for Women and Girls on the City’s website and through free educational opportunities, including but not limited to information on safe and affordable housing, healthcare, education and training, childcare, and funding available for women and girls through small business loans, scholarships, etc. (If and when funding through the City is available, provide help with the application process, similar to assistance provided to Milpitas Assistance Program applicants.)

3. Convene an annual Women’s Symposium celebrating women leaders, bringing attention to women’s issues, championing women’s rights and equality, and fostering an atmosphere of women’s empowerment in Milpitas, to be held in conjunction with International Women’s Day.

4. Convene the CEDAW Task Force annually in the month of January to check in on the status of recommended programs and services, and to assist in planning the Women’s Symposium; with next recommendation to City Council on any additional program or service recommendations, or sunset task force, in September 2024.

CEDAW Task Force Recommendations Detail

The below table details the specific actions and/or tasks associated with achieving the recommendation statements.

Recommendation Supportive Actions

Robust Social Services Programs

1. Build collaboratives with other organizations,
providers

2. Domestic Violence Awareness & Prevention for
Seniors and Teens, Healthy Dating Relationships
for Youth and Teens

3. Community Education Classes: Safe Sex
Practices, Parenting, Self Esteem Workshops,
Digital Literacy, High School Equivalency, Self-
advocacy, Know Your Rights

4. Restraining Order Advocates

5. Safety Net Connections - Helping provide safe
spaces, wrap-around services

Increased Awareness & Local
Resources for Women and Girls

1. Navigating the healthcare system, self-advocacy,
reporting discrimination, and difference of care for
girls/women of color

2. Housing advocacy, specialized housing programs

3. Centralized publicization opportunities for third-
party programs, funding, and grants available to
individual women, such as small business loans

4. Support existing programs and services
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Item # 18.

Women's Symposium Event

1. Present Women’s Day Symposium (March 2024)

Fiscal Impact:

There is no fiscal impact to receiving a report from the CEDAW Task Force. However, the Council would need to approve additional funding to support the proposed Woman’s Day Symposium. The amount of additional funding is unknown.

California Environmental Quality Act:

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

Recommendation(s):
1) Receive a report with the recommendations from the CEDAW Task Force 2) Consider the need for additional work by the CEDAW Task Force, or provide direction to sunset the Task Force on August 31, 2023.

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Item # 18.

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