Agenda packet — Milpitas City Council, November 7, 2023 (part 1 of 6)

November 7, 2023 Milpitas City Council Agenda Page 1

REGULAR MEETING OF THE MILPITAS

CITY COUNCIL

AGENDA
TUESDAY, NOVEMBER 7, 2023
CITY COUNCIL CHAMBER, 455 E. CALAVERAS BLVD, MILPITAS, CA 7:00 PM (PUBLIC BUSINESS)

For assistance in the following languages, you may call:

Đối với Việt Nam, gọi 408-586-2400
Para sa Tagalog, tumawag sa 408-586-3051
Para español, llame 408-586-3072

The City Council meeting is held in the City Council Chamber at City Hall, 455 E. Calaveras Blvd., Milpitas and via teleconference/Zoom webinar.

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

Meeting shall be livestreamed - Go to:

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

PUBLIC COMMENT INSTRUCTIONS
Oral public comments may only be provided live during the City Council meeting in person. All comments provided shall be limited to three minutes or less as determined by the Mayor. All members of the public will be limited to one comment per agenda item, and one comment for non-agenda items. Members of the public may submit written comments by email to [email protected]

The meeting will be streamed via Zoom for viewing purposes only. To watch via Zoom, please register at:

https://ci-milpitas-ca-gov.zoom.us/webinar/register/WN_auvmCsXmTPWtM-mmTYLBHA

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

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

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November 7, 2023 Milpitas City Council Agenda Page 2

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

PLEDGE OF ALLEGIANCE

INVOCATION (Mayor Montano)

PRESENTATIONS (7:05 PM)

● Diwali (Proclamation)

PUBLIC FORUM (7:10 PM)

Members of the public are invited to speak on any item that does not appear on today’s agenda. Comments will be limited to three minutes or less at the Mayor’s discretion. When called to speak, you are encouraged to state your name for the record.

As an item not listed on the agenda, no action can be taken, however the City Council may instruct the City Manager to place the item on a future meeting agenda.

ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS

READING OF THE CITY COUNCIL CODE OF CONDUCT

APPROVAL OF AGENDA

CONSENT CALENDAR (7:15 PM)

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

C1. Receive City Council Calendar of Meetings for November 2023 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive City Council Calendar of Meetings for November 2023.

C2. Approve City Council City Council Meeting Minutes of October 17, 2023 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Approve City Council Meeting minutes of October 17, 2023.

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

C4. Adopt a Resolution Granting Acceptance of Public Improvements and Approve a Reduction of the Faithful Performance Bond for the District 1 Lot 4 (Gideon) Project located at 150 Market Street and Grant Authorization to the City Engineer to Release the Remaining Portion of the Lot 4 Performance Bond after the One-Year Warranty Period (Staff Contact: Matt Cano, Deputy City Manager, 408-586-3012; and Roberto Alonzo, Transportation and Traffic Manager, 408-586-3316) Recommendation: Adopt a resolution granting acceptance of the completed public improvements for the District 1 Lot 4 (Gideon) Project as shown on Public Improvement Plans No. 2-1295; and approve a reduction in the faithful performance bond of $38,085.00 which is 25% of the security’s original value for the Lot 4 public improvements construction cost, the remaining amount of the Lot 4 performance bond cost shall be in effect for the duration of the warranty period; and grant authorization to the City

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November 7, 2023 Milpitas City Council Agenda Page 3

Engineer to release the performance bond after the one-year warranty period without further City Council action provided that all required warranty work is completed to the satisfaction of the City Engineer.

C5. Adopt a Resolution Granting Acceptance of Public Improvements and Approve a Reduction of the Faithful Performance Bond for the Thind Residence Residential Project and Grant Authorization to the City Engineer to Release the Performance Bond after the One-Year Warranty Period (Staff Contact: Matt Cano, Deputy City Manager, 408-586-3012; and Roberto Alonzo, Transportation and Traffic Manager, 408-586-3316) Recommendation: Adopt a resolution granting acceptance of the completed public improvements for the Thind Residence Residential Project as shown on Public Improvement Plans No. 2-1371; and approve a reduction in the Phase 1 faithful performance bond to $15,989.00 and a reduction in the Phase 2 faithful performance bond to $1,792.00, which are 25% of the securities’ original values which shall be in effect for the duration of the warranty period; and grant authorization to the City Engineer to release the performance bond after the one-year warranty period without further City Council action provided that all required warranty work is completed to the satisfaction of the City Engineer.

C6. Approve and Authorize the City Manager to Execute Amendment #1 to the Agreement with HdL and Associates for Sales Tax Audit, Analysis, Reports and Forecasting Services in an Amount of $300,000.00 (Staff Contact: Lauren Lai, Finance Director, 408-586-3111) Recommendation: Approve and authorize the City Manager to execute Amendment #1 to the agreement with HdL and Associates for sales tax audit, analysis, reports and forecasting services in an amount of $300,000.00.

C7. Approve and Authorize City Manager to execute a Lease Agreement with Pacific West Builders, Inc. to Lease City Owned Land at 1700 Sango Court in the Amount of $34,800.00 (Staff Contact:

Alex Andrade, Economic Development Director, 408-586-3046; and Robert Musallam, Housing Division Manager, 408-586-3275)
Recommendation: Approve and authorize City Manager to execute a lease agreement with Pacific West Builders, Inc. to lease City owned land at 1700 Sango Court in the amount of $34,800.00.

C8. Authorize the City Manager to Accept the 2023 Bulletproof Vest Partnership Grant in the Amount of $7,628.91 and Approve a Related Budget Appropriation (Staff Contact: Jared Hernandez, Chief of Police, 408-586-2406)
Recommendation: Authorize the City Manager to accept the 2023 Bulletproof Vest Partnership Grant in the amount of $7,628.91 and approve a related budget appropriation.

C9. Authorize the City Manager to Execute the Grant Agreement with the Office of Traffic Safety to Accept the Fiscal Year 2024 Office of Traffic Safety Selective Traffic Enforcement Program Grant and Approve a Related Budget Appropriation in the Amount of $110,000.00 (Staff Contact: Jared Hernandez, Chief of Police, 408-586-2406)
Recommendation: Authorize the City Manager to execute the grant agreement with the Office of Traffic Safety to Accept the Fiscal Year 2024 Office of Traffic Safety Selective Traffic Enforcement Program Grant and approve a related budget appropriation in the amount of $110,000.00.

C10. Adopt a Resolution to Reject a Bid Protest from Iteris; Award IFB 24-025 and Authorize the City Manager to Execute the Purchase Order with Econolite Control Products, Inc. in the amount of $127,871.66 for the Purchase of 25 Citywide Traffic Detection Cameras (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602)

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Recommendation: Adopt a resolution to reject a bid protest from Iteris; award IFB 24-025 and authorize the City Manager to execute the purchase order with Econolite Control Products, Inc. in the amount of $127,871.66 for the purchase of 25 citywide traffic detection cameras.

C11. 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)
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.

C12. Authorize the City Manager to enter into a Funding Agreement Between the City of Milpitas and the Santa Clara Valley Transportation Authority for Grant Funds from the 2010 Measure B Vehicle Registration Fee Countywide Program in an Amount Not to Exceed $120,000.00 (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602) Recommendation: Authorize the City Manager to enter into a funding agreement between the City of Milpitas and the Santa Clara Valley Transportation Authority for grant funds from the 2010 Measure B Vehicle Registration Fee Countywide Program in an amount not to exceed $120,000.00.

C13. Authorize the City Manager to Execute the Third Amendment to the Agreement with the Santa Clara Valley Water District for Water Conservation Program Cost Sharing and to Execute an Amendment to the Professional Services Agreement with Our City Forest to Administer the Lawn Bust Milpitas Pilot Program (Staff Contact: Christian Di Renzo, Public Works Director, 408- 586-2602; and Elaine Marshall, Deputy Public Works Director, 408-586-2603) Recommendation: Authorize the City Manager to Execute (1) Third Amendment to the Agreement with the Santa Clara Valley Water District for Water Conservation Program Cost Sharing to extend term by an additional year and increase Valley Water cost share payment to City for Lawn Bust Milpitas for additional not to exceed of $40,000.00; and (2) Amendment to the Professional Services Agreement with Our City Forest to administer the Lawn Bust Milpitas Pilot Program to implement program for an additional year at a cost not to exceed $120,000.00.

C14. Waive Second Reading of Ordinance No. 196.12: an Ordinance of the City Council of the City of Milpitas Amending Section 4.05 of Chapter 9 ("Parks") of Title V ("Public Health, Safety, and Welfare") of the Milpitas Municipal Code (Staff Contact: Michael Mutalipassi, City Attorney, 408- 858-3040)
Recommendation: Move to waive the second reading and adopt Ordinance No. 196.12, An Ordinance of the City Council of the City of Milpitas Amending Section 4.05 of Chapter 9 (“Parks”) of Title V (“Public Health, Safety, and Welfare”) of the Milpitas Municipal Code

C15. Authorize International Travel for One (1) Member of the Milpitas Police Department’s Criminal Investigations Bureau to Provide Technical Assistance in Support of an Out-of-Country Criminal Investigation, as a Member of the Santa Clara County Regional Enforcement Allied Computer Task Force (REACT) and in Coordination with the United States Secret Service (Staff Contact:

Jared Hernandez, Chief of Police, 408-586-2406; and Stephen Parodi, Police Captain, 408-586- 2523)
Recommendation: Authorize international travel for one (1) member of the Milpitas Police Department’s Criminal Investigations Bureau currently assigned to REACT to assist in an out-of-country criminal investigation.

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November 7, 2023 Milpitas City Council Agenda Page 5

PUBLIC HEARINGS (7:30 PM)

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

16. Adopt a Resolution Certifying an Environmental Impact Report (SCH No: 2022110251) and Approving a General Plan Text Amendment, Zoning Map Amendment, Site Development Permit, Conditional Use Permit, Vesting Tentative Map, Density Bonus Permit, Tree Removal Permit, and Environmental Assessment; and Introduce an Ordinance Amending the Zoning Map in Accordance with the Provisions of Section 3.03 of Chapter 10 of Title XI (Zoning) of the Milpitas Municipal Code to Change the Zoning Classification of a Certain Parcel (APN 022-38-007) from the MP Industrial Park Zoning District to the MXD Mixed Use Zoning District; and Allow Development of a Multi-Family Residential Project Consisting of 13 Residential Buildings, up to 51 feet in Height, and One Residential Apartment Building, up to 78 feet in Height, for a Total of 206 Residential Units, and Associated Site Improvements on an Approximately 6.7-acre Site Located at 1355 California Circle. (Staff Contact: Jay Lee, Planning Director, 408-586-3077 and Lillian VanHua, Senior Planner, 408-586-3073)
Recommendation: (1) Conduct a public hearing and move to close the hearing following comments; (2) Consider Environmental Impact Report pursuant to Public Resources Code Sections 21080(d) and 2108.2(d) and CEQA Guidelines Section 15064; (3) Adopt a resolution certifying an Environmental Impact Report pursuant to Public Resources Code Section 21080(d) and 21082.2(d) and CEQA Guidelines Section 15064; (4) City Attorney shall read aloud title of the Ordinance; (5) Move to waive the first reading beyond the title and introduce an Ordinance amending the Zoning map of the City of Milpitas in accordance with the provisions of Section 3.03 of Chapter 10 of Title XI (Zoning Ordinance) of the Milpitas Municipal Code to change the Zoning Classification of a Certain Parcel (APN 022-38- 007), located on the west side of California Circle, from the MP Industrial Park Zoning District to the MXD Mixed Use Zoning District; (6) Adopt a resolution to approve General Plan Text Amendment No.

GP22-0001; and (7) Adopt a resolution to approve Zoning Map Amendment No. ZA22-0001, Site Development Permit No. SD22-0003, Conditional Use Permit No. UP22-0001, Vesting Tentative Map MT22-0001, Density Bonus Permit No. DB23-0003, Tree Removal Permit No. TR23-0021, and Environmental Assessment No. EA22-0002, subject to the findings and Conditions of Approval.

LEADERSHIP AND SUPPORT SERVICES (8:00 PM)

17. Receive a Presentation and Provide Direction to Staff on Potential Revenue Measures for the November 2024 Election (Staff Contact: Matt Cano, Deputy City Manager, 408-586-3012) Recommendation: Proceed with community outreach surveys for a potential Public Safety Infrastructure General Obligation Bond Measure, Storm Drain Property Tax Fee Measure F Sales Tax Measure extension and/or Business Tax Modernization Measure.

18. Introduce Ordinance 298.1, An Ordinance of The City Council of the City of Milpitas Amending the Milpitas Municipal Code Title Xi (“Zoning, Planning and Annexation”), Chapter 10 (“Zoning”), Section 13 (“Special Uses”), Subsection 13.15 (“Cannabis Uses”) to Prohibit and Regulate Cannabis Uses, Establishments, and Operations to the Fullest Extent Allowed By State Law, and Making Findings of Exemption From Environmental Review Pursuant To CEQA Guidelines Sections 15061(b)(3) 15183, 15305, and 15378 (Staff Contact: Michael Mutalipassi, City Attorney, 408-586-3040)
Recommendation: Following the City Attorney’s reading aloud the title, move to waive the reading beyond the title and introduce Ordinance 298.1, which would amend Subsection XI-10-13.15 of the Milpitas Municipal Code consistently with Senate Bill 1186 by regulating the delivery of medicinal

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November 7, 2023 Milpitas City Council Agenda Page 6

cannabis and cannabis products and otherwise preserve the City’s prohibition against commercial cannabis to the fullest extent allowed after this change in State law.

19. Review the List of Agenda Item Requests From Individual Councilmembers and Provide Direction to Staff Through the Council-Approved Prioritization Process (Staff Contact: Matt Cano, Deputy City Manager, 408-586-3012)
Recommendation: (1) Review list of agenda item requests from individual Councilmembers and provide direction to staff, through the prioritization process, on which Group 1 items should be advanced; (2) Provide additional input to staff, if any, on Group 1 items that received Council direction to advance and all Group 2 items (3) Approve recommendations on certain Group 3 items as outlined in the Analysis section of this report.

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS (10:00 PM)

Members of the City Council or City Manager may make brief announcements at this time. Members of the City Council may also suggest future agenda items. For future agenda items, the City Council shall not debate the topic or engage in discussion but shall simply state a “yes” or “no” as whether to move the item forward. If a majority of the City Council agrees to move the item forward, the City Manager shall place the item on a future agenda.

ADJOURNMENT (10:05 PM)

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

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

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

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

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

If you need assistance, per the Americans with Disabilities Act, for any City of Milpitas public meeting, please call the City Clerk at 408-586-3001 or send an e-mail to [email protected] prior to the meeting. You may request a larger font agenda.

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MILPITAS CITY COUNCIL CALENDAR
November 2023
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 1:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
(Santa Clara)
7:00 PM-Community Advisory
Commission (EC)
2 5:30 PM-Santa Clara VTA Board of
Directors (CM)
5:30 PM-Milpitas Chamber of
Commerce Board (GB)
3 4
5 6
7:00 PM-Parks, Recreation & Cultural
Resources Commission (HL)
7 6:00 PM-Closed Session
7:00 PM-City Council
8 7:00 PM-Planning Commission
7:00 PM-Silicon Valley Clean Energy
Board of Directors (EC) (Cupertino)
9 4:00 PM-Santa Clara VTA Policy
Advisory Committee (EC)
6:00 PM-Youth Advisory Commission
(HL)
5:30 PM-Cities Assoc of SCC
Legislative Action Committee (CM)
7:00 PM-Cities Assoc of SCC (CM)
10 CITY HALL CLOSED IN

OBSERVANCE OF VETERANS DAY
11 12 13
4:30 PM-Economic Development and
Trade Commission (CM)
14 4:00PM- Milpitas HOPE
5:30 PM-Special Council Meeting in
lieu of 11/21 Regular Meeting
15 6:00 PM-Energy and Environmental
Sustainability Commission (EC)
16 3:00 PM-VTA Safety, Security, and
Transit Planning & Operations
Committee (CM)
6:30 PM-Bay Area Water Supply
Conserv Agency (CM) (Wind Room
Foster City Community Center)
7:00 PM-Public Safety and
Emergency Preparedness Commission
(HL)
17 18
19 20
7:00 PM-Science, Technology, and
Innovation Commission (GB)
7:00 PM-Library and Education
Commission (EC) (Milpitas Public
Library)
21 22 23 24

CITY HALL CLOSED FOR THANKSGIVING
25 26 27
7:00 PM-Arts Commission (EC)
28 29 30
October 2023

S M T W T F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31
December 2023

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

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October 17, 2023 Milpitas City Council Minutes Page 1

JOING MEETING OF THE MILPITAS

CITY COUNCIL AND MILPITAS PUBLIC

FINANCING AUTHORITY

MINUTES
TUESDAY, OCTOBER 17, 2023
CITY COUNCIL CHAMBER, 455 E. CALAVERAS BLVD, MILPITAS, CA The City Council of the City of Milpitas convened on the regular City Council meeting day in a Joint Meeting of the Milpitas City Council and Milpitas Public Financing Authority on October 17, 2023, in the City Council Chamber, 455 E. Calaveras Blvd, Milpitas, CA, and via teleconference/Zoom webinar.

CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk Mayor Montano called the Regular City Council meeting to order at 6 PM. Roll Call was taken by City Clerk Guzzetta.

PRESENT: Councilmembers Barbadillo (6:08 PM), Lien and Phan, Vice Mayor Chua, and Mayor Montano.

ABSENT: None.

City Attorney Mutalipassi announced the closed session items, noting that the agency representative for Item (a) would be Rick Belanos.

There were no public speakers.

The City Council adjourned to Closed Session at 6:02 PM.

ADJOURN TO CLOSED SESSION
(a) CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency designated representative: Ned Thomas, City Manager Bargaining unit: LIUNA, UPEC (Pro-Tech, MEA, MidCon), IAFF, MPOA (b) CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 1700 Sango Court
Agency negotiator: Alex Andrade, Economic Development Director Under negotiation: Both lease price and terms
(c) THREAT TO PUBLIC SERVICES OR FACILITIES
Pursuant to Government Code section § 54957
Consultation with: IT Director Daniel Nam
The City Council reconvened in open session at 7:35 PM.

CLOSED SESSION ANNOUNCEMENT:

City Attorney Mutalipassi announced there was nothing to report.

PLEDGE OF ALLEGIANCE
Mayor Montano led the Pledge of Allegiance.

INVOCATION
Councilmember Phan presented the invocation.

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PRESENTATIONS
Mayor Montano presented a proclamation in recognition of Breast Cancer Awareness Month. Vice Mayor Chua offered comments on Filipino Heritage Month.

PUBLIC FORUM
There were the following public speakers:

1. KS Teh

2. Charles Wright

3. Sushant Agrawal

4. Diego Valdez

5. Johnny Reed

6. Vikas Seth

7. Kaylene Buteau

8. Mayank Patel

9. Voltaire Montemayor

10. Nicole Teh

11. Jonas Teh

12. Wei Liu

13. Anishka Agrawal
Councilmember Barbadillo left at 7:40 PM.

ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS City Attorney Mutalipassi asked the Mayor and City Councilmembers if they had any personal conflicts of interest. By roll call, there were no conflicts of interest (Absent: Councilmember Barbadillo). City Attorney Mutalipassi asked the Mayor and City Councilmembers if they had any reportable campaign contributions.

Councilmember Phan reported a possible contribution by the development project applicant for Item 15. By roll call, there were no additional reportable campaign contributions (Absent: Councilmember Barbadillo).

READING OF THE CITY COUNCIL CODE OF CONDUCT
Mayor Montano read the Code of Conduct.

APPROVAL OF AGENDA
Motion: to approve the October 17, 2023 Regular Meeting Agenda Motion/Second: Vice Mayor Chua/Councilmember Lien
by the following:

AYES: Mayor Montano, Vice Mayor Chua, Councilmember Lien, Councilmember Phan NOES: None
ABSENT: Councilmember Barbadillo

CONSENT CALENDAR
Councilmember Phan requested to add Item 17 to the Consent Calendar.

After discussion, motion: to add Item 17 to and approve the Consent Calendar.

Motion/Second: Vice Mayor Chua/Councilmember Phan
by the following:

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October 17, 2023 Milpitas City Council Agenda Page 3
AYES: Mayor Montano, Vice Mayor Chua, Councilmember Lien, Councilmember Phan NOES: None
ABSENT: Councilmember Barbadillo

1. Receive City Council Calendar of Meetings for October and November 2023 (Staff Contact:

Suzanne Guzzetta, City Clerk, 408-586-3001)
Received City Council Calendar of Meetings for October and November 2023.

2. Approve City Council City Council Meeting Minutes of October 3, 2023 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Approved City Council Meeting minutes of October 3, 2023.

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

4. Consider the Recommendation from Mayor Montano for Appointments to and Removals from City Commissions (Contact: Mayor Montano, 408-586-3024) Received the recommendation from Mayor Montano and approved appointment to the Planning Commission and removal from the Parks, Recreation and Cultural Resources Commission, and directed the City Clerk to post the notice of unscheduled vacancy.

Parks, Recreation and Cultural Resources Commission:

1. Remove Yesenia Illescas from a full voting seat with an unexpired term ending June 2025.

Planning Commission:

1. Appoint Parveen Gupta to an unexpired term ending December 2024.

5. Accept the FY 2022-23 Commissioners Annual Report for Four (4) Commissions and Oversight Committee and Approve Four (4) City of Milpitas Commission and Oversight Committee Work Plans for FY 2023-24 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001) (1) Accepted the 2022-23 Commissioners Annual Report; and (2) Approved the proposed Fiscal Year 2023-24 Work Plans for (a) Community Advisory Commission, (b) Economic Development and Trade Commission, (c) Science, Technology, and Innovation Commission, and (d) Measure F Oversight Committee.

6. Receive Recommendations from Staff Regarding a Proposed Joint Powers Agency (JPA) Agreement for the Cities Association of Santa Clara County and Approve Direction on Feedback to the Cities Association Board (Staff Contact: Ned Thomas, City Manager: 408-586-3059) Received recommendations regarding a Proposed Joint Powers Agency (JPA) Agreement for the Cities Association of Santa Clara County (CASCC) and approved direction to staff and Mayor Montano, as the City‘s representative to the CASCC, to oppose the formation of a Joint Powers Authority at this time.

7. Receive Report on the American Rescue Plan Act (ARPA) Investment Plan (Staff Contact: Matt Cano, Deputy City Manager, 408-586-3053; and Lauren Lai, Director of Finance, 408-586-3111) Received Report on the American Rescue Plan Act (ARPA) Investment Plan.

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8. Adopt a Resolution Granting Acceptance of Public Improvements and Approve a Reduction of the Faithful Performance Bond for the Self-Storage Project located at 1 Hanson Court and Grant Authorization to the City Engineer to Release the Performance Bond after the One-year Warranty Period (Staff Contact: Matt Cano, Deputy City Manager, 408-586-3012; and Roberto Alonzo, Transportation and Traffic Manager, 408-586-3316)
Adopted Resolution No. 9276 granting acceptance of the completed public improvements for the Self- Storage Project located at 1 Hanson Court as shown on Public Improvement Plans No. 2-1224; and approved a reduction in the faithful performance bond to $16,000.00, which is 10% of the security’s original value which shall be in effect for the duration of the warranty period; and granted authorization to the City Engineer to release the performance bond after the one-year warranty period without further City Council action provided that all required warranty work is completed to the satisfaction of the City Engineer.

9. Adopt Resolutions of the Milpitas City Council and Milpitas Public Financing Authority Board Authorizing Investment of Monies in the Local Agency Investment Fund and Updating Officers’ Information (Staff Contact: Lauren Lai, Finance Director, 408-586-3111) Adopted Resolution No. 9277 of the Milpitas City Council and Resolution No. PFA 29 of the Milpitas Public Financing Authority Board authorizing investment of monies in the Local Agency Investment Fund and updating officers’ information.

10. Approve and Authorize the City Manager to Execute a Sole Source Three-Year Agreement with CentralSquare Inc. for Maintenance and Support of the Public Safety Computer Aided Dispatch System (Staff Contact: Daniel Nam, Information Technology Director, 408-586-2712) Approved and authorized the City Manager to execute a sole source three-year agreement with CentralSquare Inc. for maintenance and support of the Public Safety Computer Aided Dispatch System for the not-to-exceed amount of $142,160.56 annually and $426,481.68 for a three-year term.

11. 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)
(1) Received 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) Determined by a four- fifths vote that the condition continues to constitute an emergency.

12. Approve and Authorize the FY 2023-2024 Santa Clara Valley Urban Runoff Pollution Prevention Program Assessment Payment for the Not-to-Exceed Amount of $154,067.00 (Staff Contact:

Christian Di Renzo, Public Works Director, 408-586-2602) Approved and authorized the FY 2023-2024 Santa Clara Valley Urban Runoff Pollution Prevention Program Assessment Payment for the not-to-exceed amount of $154,067.00.

13. Approve and Authorize the City Manager to Execute a No-Cost Amendment No. 7 to extend the terms of the Agreement with West Yost Associates for Construction Support Services for the Main Lift Pump Station Odorous Emissions Control Facility Project (Staff Contact: Christian Di Renzo, Public Works Director, 408- 586-2602)
Approved and authorized the City Manager to execute a no-cost Amendment No. 7 to extend the terms for the agreement with West Yost Associates for construction support services for the Main Lift Pump Station Odorous Emissions Control Facility Project.

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October 17, 2023 Milpitas City Council Agenda Page 5

14. Authorize and Approve Travel to Santa Cruz, CA, for City Manager Ned Thomas to Attend the Annual 2023 Silicon Valley Economic Development Alliance (SVEDA) Conference on November 2, 2023 (Staff Contact: Ned Thomas, City Manager, 408-586-3059) Authorized and approved travel to Santa Cruz, CA, for City Manager Ned Thomas to attend the Annual 2023 Silicon Valley Economic Development Alliance (SVEDA) Conference on November 2, 2023, for a total amount of $150.00 budgeted under Conferences/Trainings allocation for the City Manager’s Office.

17. Consider the Authorization of the Final Application for the $301,516.00 Land and Water Conservation Fund Grant from the State Department of Parks and Recreation and associated Land Protection for Delano Manongs Park (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409)
Authorized the Final Application for the $301,516.00 Land and Water Conservation Fund (LWCF) Grant from the State Department of Parks and Recreation and associated Land Protection for Delano Manongs Park placing the entire Delano Manongs Park in the LWCF boundary map of protected open space, in perpetuity.

PUBLIC HEARINGS

15. Conduct a Public Hearing to Consider a Zoning Variance to Allow Development of a Structure with a Height that Extends Above the Hillside Crestline Zone of Protection Sight Line, as Related to an Application for a Site Development Permit and Planned Unit Development Amendment for a Proposed 5,900-Square Foot Single-Family Residence, on a Vacant +1.4-Acre Lot in the R1-H Single-Family Residential - Hillside Zoning District Located at 1339 Terra Vista Court (APN: 029- 07-010) (Staff Contact: Jay Lee, Planning Director, 408-586-3273, and Avery Stark, Acting Senior Planner, 408-586-3288)
City Manager Thomas introduced the item. Planning Director Lee and Acting Senior Planner Stark presented the report.

The applicant and representative made a presentation.

Mayor Montano opened the public hearing.

There were the following public speakers:

1. Yolie Garcia

2. John Doll

3. Frank Bush

4. Bill Korbe

5. Barbara Jo Navarro

6. Ivan Tam

7. Rekha Sankar

8. Lakshmi

9. Ramesh Konda

10. Venkat

11. Doc Nguyen

12. John Nguyen

13. Kalyan Katramuri

14. Mike Caulkins

15. Subbu Shrinavasan

16. KP

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October 17, 2023 Milpitas City Council Agenda Page 6

17. Ravi

18. Voltaire Montemayor

19. Vi Nguyen

20. Penny Alexa
Mayor Montano closed the public hearing.

Vice Mayor Chua questioned what changes could be made to the design to bring it within the required specifications.

Councilmember Lien stressed the importance of building in a manner fair to both the community and the applicant and suggested not taking action at this meeting.

Councilmember Phan questioned why the applicant had made no changes to their designs following the Planning Commission recommendation.

Mayor Montano addressed the need for a compromise and asked the applicant if they would be willing to return after making changes and working with the Planning Department.

VIce Mayor Chua questioned the City Attorney on options to avoid denying the request outright. City Attorney Mutalipassi responded that certain timelines are set based on the request of the applicant for the public hearing. He noted that denial today doesn't mean the applicant can't return with changes.

Vice Mayor Chua asked Planning Department staff to do what was needed to expedite the process and made a motion: to deny the request for a structure with a height that extends above the Hillside Crestline Zone of Protection Sight Line, as established by the City's Hillside development standards, on a vacant +1.4-acre lot in the R1-H Single-Family Residential-Hillside Zoning District located at 1339 Terra Vista Court (Countryside Estates, Lot 1).

Motion/Second: Vice Mayor Chua/Councilmember Phan
Motion carried by the following:

AYES: Vice Mayor Chua, Councilmember Phan
NOES: Mayor Montano
ABSENT: Councilmember Barbadillo
ABSTAIN: Councilmember Lien

COMMUNITY DEVELOPMENT

16. Receive Progress Report from Raimi and Associates and Staff on the Housing Opportunity Districts and Provide Direction on the Preferred Alternative (Staff Contact: Jay Lee, Planning Director, 408-586-3077; and Avery Stark, Acting Senior Planner, 408-586-3288) City Manager Thomas introduced the item. Planning Director Lee and Raimi and Associates Consultant Chris Sensinig presented the report.

There were the following public speakers:

1. Nels DeLander

2. Voltaire Montemayor

3. Member of the public
Council discussion ensued. Vice Mayor Chua asked staff to return with potential housing numbers for the NCMU area designations.

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October 17, 2023 Milpitas City Council Agenda Page 7
Councilmember Lien questioned how parking issues were addressed with the addition of so many units.

Planning Director Lee noted that the current parking requirement would be applied and reviewed on a project-by-project basis and according to CEQA requirements.

Mayor Montano inquired about the density bonus and no required parking. Planning Director Lee noted the possibility, but that any project requesting a waiver of parking requirements would have to be approved by the City Council. The Mayor questioned the Floor Area Ratio (FAR) of both areas and the possibility of a performance arts center in the TCU district.

Councilmember Phan suggested the TWC areas be less restrictive with residential only projects, and recommended incentivizing AB 2011 for projects in these zones.

No action taken.

LEADERSHIP AND SUPPORT SERVICES

18. Introduce Ordinance 196.12, an Ordinance of the City Council of the City of Milpitas Amending Section 4.05 of Chapter 9 (“Parks”) of Title V (“Public Health, Safety, and Welfare”) of the Milpitas Municipal Code and Introduce Ordinance 196.13 an Ordinance of the City Council of the City of Milpitas Adding Section 2.13 to Chapter 9 (“Parks”) of Title V (“Public Health, Safety, And Welfare”) of the Milpitas Municipal Code and Amending Section 4.00 of Chapter 9 (“Parks”) of Title V (“Public Health, Safety, And Welfare”) of the Milpitas Municipal Code (Staff Contact:

Michael Mutalipassi, City Attorney, 408-858-3040)
City Manager Thomas introduced the item and City Attorney Mutalipassi presented the report.

Mayor Montano asked for clarification that this ordinance would treat Gill Park the same as other parks.

There were the following public speakers:

1. Jennifer Ting

2. Albert

3. Voltaire Montemayor
Vice Mayor Chua asked the City Attorney to define amplified music.

Councilmember Phan made a motion: to waive the reading beyond the title and introduce Ordinance 196.12; and decline to introduce Ordinance 196.13.

City Attorney Mutalipassi read the title of the ordinance.

Motion/Second: Councilmember Phan/Mayor Montano
Motion carried by the following:

AYES: Mayor Montano, Vice Mayor Chua, Councilmember Phan NOES: Councilmember Lien
ABSENT: Councilmember Barbadillo

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
Mayor Montano made the following requests:

1. Add Graywater Rebates Program to the council prioritization list. There was consensus to add the item.

2. Add a Main Street Parade in the future. There was no consensus to add the item.

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October 17, 2023 Milpitas City Council Agenda Page 8

3. Referral for utility infrastructure cost on Main Street from Carlo to Corning Streets.

Mayor Montano thanked staff for their hard work on the Art Walk and Delano Manongs Park Grand Opening events and reported out on her trip to Washington, D.C.

ADJOURNMENT
Mayor Montano adjourned the meeting at 11:02 PM.

Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta

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TENTATIVE CITY COUNCIL AGENDA ITEM LIST
as of 10/31/2023
November 14, 2023 – Special Meeting (5:30 pm)

CLOSED SESSION
•Labor Relations
INVOCATION (Mayor Montano)

PRESENTATION

CONSENT CALENDAR

1. Receive City Council calendar for November and December 2023 (City Clerk)

2. Approve City Council Meeting minutes of November 7, 2023 (City Clerk)

3. Preview list of items for December 5, 2023 (City Clerk)

4. Councilmember Request List (City Clerk)

5. Commission Appointments (City Clerk)

6. 2024 City Council Meeting Schedule (City Clerk)

7. Sister City Renewal for City of Dagupan, Philippines (City Manager)

8. Agreement with TriTech Software Computerized Maintenance Management System Subscription License (Public Works)

9. Award of MSC Roof Rehabilitation (Public Works)

10. Disposition of Fleet and Equipment (Public Works)

11. Purchase of One (1) Bucket Truck (Public Works)

COMMUNITY DEVELOPMENT

12. Manufacturing Day Report (Economic Development)

13. Quincy BBQ Preliminary Site Plan and Parking Agreement Study Session (Planning)

14. Sobrato Property Preliminary Redevelopment Proposal Study Session (Planning)

Page 16 of 707 ends

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Granting Acceptance of Public Improvements and Approve a Reduction of the Faithful Performance Bond for the District 1 Lot 4 (Gideon) Project located at 150 Market Street and Grant Authorization to the City Engineer to Release the remaining portion of the Lot 4 Performance Bond after the One- year warranty period; (Staff Contact: Matt Cano, Deputy City Manager, 408-586- 3012; Roberto Alonzo, Transportation and Traffic Manager, 408-586-3316) Category: Consent Calendar-Community Development
Meeting Date: 11/7/2023
Recommendation: Adopt a resolution granting acceptance of the completed public improvements for the District 1 Lot 4 (Gideon) Project as shown on Public Improvement Plans No. 2-1295; and approve a reduction in the faithful performance bond of $38,085.00 which is 25% of the security’s original value for the Lot 4 public improvements construction cost, the remaining amount of the Lot 4 performance bond cost shall be in effect for the duration of the warranty period; and grant authorization to the City Engineer to release the performance bond after the one-year warranty period without further City Council action provided that all required warranty work is completed to the satisfaction of the City Engineer.

BACKGROUND:

On December 17, 2019, the City Council approved the Subdivision Improvement Agreement for the District 1 Lot 4 (Gideon) Project (Project) on a 2.29-acre site located at 150 Market Street. New public improvements constructed by the Project include; curb, gutters; sidewalk; utility connection, 12” water main line along Market Street; landscaping; and other miscellaneous items of work.

ANALYSIS:

The Developer for Lot 4, Milpitas-District 4 Owner, LLC, has successfully completed all required public improvements for the Lot 4 portion of the Project in accordance with the City approved public improvement plans. The public improvements are now ready for City Council acceptance and commencement of the 1-year warranty period. Staff recommends the City Council adopt a Resolution (attached) granting acceptance of the public improvements, and to approve a reduction of the performance bond of $38,085.25, which is 25% of the original value for the Lot 4 public improvements construction cost, and grant authorization to the City Engineer to release the performance bond portion for Lot 4 after the one-year warranty period without further City Council action provided that all required warranty work is completed to the satisfaction of the City Engineer.

POLICY ALTERNATIVE(S):

Alternative 1:

Not approve a resolution granting acceptance of public improvements including the reduction of the performance bond.

Pros: None
Cons: Not granting acceptance of the completed public improvements would limit use of improvements and would not promote the orderly completion and closeout of the Project, and it would be in conflict with the City’s obligation under the Subdivision Improvement Agreement.

Page 17 of 707 ends

Reason for Not Recommending: Granting the acceptance of the completed public improvements would allow public use of the improvements and provides for the completion and closeout of the Project as required by the Subdivision Improvement Agreement. Staff recommends the City Council adopt the resolution granting acceptance of public improvements.

FISCAL IMPACT:

Public Improvements completed as part of this project will be perpetually owned and maintained by the city following acceptance by the City Council and completion of the 1-year warranty period. The Public Works Department will be responsible for maintenance of the improvements and any required additional funding for ongoing maintenance will be requested through future budget appropriations as the Council adopts the annual operating budget for the Public Works Department.

California Environmental Quality Act (CEQA):

Granting acceptance of public improvements and reducing faithful performance bond for public improvements are not considered projects under CEQA as there will be no direct or reasonably foreseeable indirect physical change in the environment. Further, at the time the City Council approved the entitlements for the project thru an initial environmental assessment, staff determined that an Addendum to the Transit Area Specific Plan (SCH# 2006032091) pursuant to Section 15164 of the CEQA Guidelines was the appropriate CEQA document given the changes to the General Plan, Specific Plan and Zoning Code. The Addendum demonstrated that there were no substantial changes in the environment because the project would reduce the overall development intensity. On October 28, 2015, the Planning Commission recommended to City Council to approve the Addendum to the EIR prepared for the TASP. On November 17. 2015, the City Council adopted a Resolution Adopting the Addendum to the previously certified Transit Area Specific Plan Environmental Impact Report prepared for the project.

RECOMMENDATION:

Adopt a resolution granting acceptance of the completed public improvements for the District 1 Lot 4 (Gideon) Project as shown on Public Improvement Plans No. 2-1295; and approve a reduction in the faithful performance bond of $38,085.00 which is 25% of the security’s original value for the Lot 4 public improvements construction cost, the remaining amount of the Lot 4 performance bond cost shall be in effect for the duration of the warranty period; and grant authorization to the City Engineer to release the performance bond after the one-year warranty period without further City Council action provided that all required warranty work is completed to the satisfaction of the City Engineer.

Attachment(s):
(a) Resolution

Page 18 of 707 ends

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING ACCEPTANCE AND REDUCING PERFORMANCE BOND OF THE DISTRICT 1 – LOT 4 (GIDEON) PROJECT AND GRANTING AUTHORIZATION TO THE CITY ENGINEER TO RELEASE THE REMAINING PORTION OF THE LOT 4

PERFORMANCE BOND AFTER THE ONE-YEAR WARRANTY PERIOD
WHEREAS, the City Council of the City of Milpitas on December 17, 2019 approved the plans and specifications for the District 1 – Lot 4 (Gideon) Project, (the “Project”) to be completed by Milpitas-District 4 Owner, LLC as part of its residential development on 150 Market Street; and
WHEREAS, the City of Milpitas has heretofore entered into an improvement agreement on December 17, 2019 with Milpitas-District 4 Owner, LLC, for the District 1 – Lot 4 (Gideon) Project; and WHEREAS, Milpitas-District 4 Owner, LLC, as Principal, and Harco National Insurance Company, as Surety, executed and posted a certain Performance Bond Number 0765418 conditioned upon the faithful performance of the provisions of said improvement agreement and upon the faithful performance of all improvement work required thereunder; and
WHEREAS, said public improvements for the District 1 – Lot 4 (Gideon) Project have been completed and the improvement agreement provides that the security shall extend for a period of one year after the date of acceptance of said improvements to cover the warranty period of said improvements under said agreement; and WHEREAS, the City Council is willing to consent to a reduction in the penal sum of said security during said one- year warranty period; and
WHEREAS, the City Engineer of the City of Milpitas has made a final inspection of said improvements for the Self-Storage Project and recommends that the City Council of the City of Milpitas accept the same as constructed in accordance with the approved plans and specifications.

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. Those certain public improvements constructed as part of the District 1 – Lot 4 (Gideon) Project, are hereby accepted as constructed in accordance with the approved plans and specifications upon recommendation of the City Engineer of the City of Milpitas.

3. The penal sum of the faithful performance bond securing said improvements may be reduced by the sum of $38,085.00, upon request of Principal and Surety, with said penal sum as reduced to apply from the date of completion and acceptance of said improvements and to extend for the balance of the term of one year of said security. Provided, however, that nothing herein contained shall in any way be deemed to be a waiver, release or relinquish by City of any obligations imposed upon the developer or his surety, or sureties, by law or by the above referend public improvement agreement, save and except as expressly set forth herein.

4. The City Council grants authorization to the City Engineer to release the performance bond after the one-year warranty period without further City Council action provided all required warranty work is completed to the satisfaction of the City Engineer.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
____________________________ ___________________
Mary Lavelle, City Clerk 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 Granting Acceptance of Public Improvements and Approve a Reduction of the Faithful Performance Bond for the Thind Residence Residential Project and Grant Authorization to the City Engineer to Release the Performance Bond After the One-Year Warranty Period (Staff Contact: Matt Cano, Deputy City Manager, 408-586-3012; and Roberto Alonzo, Transportation and Traffic Manager, 408-586-3316)
Category: Consent Calendar-Community Development
Meeting Date: 11/7/2023
Recommendation: Adopt a resolution granting acceptance of the completed public improvements for the Thind Residence Residential Project as shown on Public Improvement Plans No. 2- 1371; and approve a reduction in the Phase 1 faithful performance bond to $15,989.00 and a reduction in the Phase 2 faithful performance bond to $1,792.00, which are 25% of the securities’ original values which shall be in effect for the duration of the warranty period; and grant authorization to the City Engineer to release the performance bond after the one-year warranty period without further City Council action provided that all required warranty work is completed to the satisfaction of the City Engineer.

BACKGROUND:

On November 15. 2022, the City Council approved the Subdivision Improvement Agreement for the Thind Residence Residential Project (Project) on a 0.25-acre site located at 250 Piedmont Road. New public improvements constructed by the Project include new curb, gutters; sidewalk; driveway approach; domestic water and sanitary sewer services; sanitary sewer main extension; street trees; and other miscellaneous items of work.

ANALYSIS:

The Developer, Satpreet Singh Thind and Jaspreet Kaur Thind, has successfully completed all required public improvements for the Project in accordance with the City approved public improvement plans. The public improvements are now ready for City Council acceptance and commencement of the 1-year warranty period.

Staff recommends the City Council adopt a Resolution (attached) granting acceptance of the public improvements, and to approve a reduction in the Phase 1 faithful performance bond to $15,989.00 and a reduction in the Phase 2 faithful performance bond to $1,792.00, which are 25% of the securities’ original values, and grant authorization to the City Engineer to release the performance bonds after the one-year warranty period without further City Council action provided that all required warranty work is completed to the satisfaction of the City Engineer.

POLICY ALTERNATIVE(S):

Alternative 1:

Not approve a resolution granting acceptance of public improvements including the reduction of the performance bond.

Page 21 of 707 ends

FISCAL IMPACT:

California Environmental Quality Act (CEQA):

Granting acceptance of public improvements and reducing faithful performance bond for public improvements are not considered projects under CEQA as there will be no direct or reasonably foreseeable indirect physical change in the environment. Further, CEQA review for this project has already been completed by the Planning Division, and the Zoning Administrator finds on August 13, 2020 that the project is exempt from environmental review under CEQA, pursuant to CEQA Section 15303(a) for New Construction or Conversion of Small Structures because the project consists of the development of a new single-family residence on a vacant lot in an urbanized area. As a separate and independent basis, the project is exempt from further CEQA review pursuant to Section 15183 of the CEQA Guidelines (Projects Consistent with a Community Plan, General Plan, or Zoning).

RECOMMENDATION:

Adopt a resolution granting acceptance of the completed public improvements for the Thind Residence Residential Project as shown on Public Improvement Plans No. 2-1371 and approve a reduction in the Phase 1 faithful performance bond to $15,989.00 and a reduction in the Phase 2 faithful performance bond to $1,792.00, which are 25% of the securities’ original values which shall be in effect for the duration of the warranty period; and grant authorization to the City Engineer to release the performance bonds after the one- year warranty period without further City Council action provided that all required warranty work is completed to the satisfaction of the City Engineer.

Attachment(s):

Resolution

Page 22 of 707 ends

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING ACCEPTANCE AND

REDUCING PERFORMANCE BOND OF THIND RESIDENCE AND GRANTING AUTHORIZATION TO

THE CITY ENGINEER TO RELEASE THE PERFORMANCE BONDS AFTER THE ONE-YEAR WARRANTY PERIOD
WHEREAS, the Zoning Administrator of the City of Milpitas on August 13, 2020 approved the plans and specifications for the Thind Residence, (the “Project”) to be completed by Satpreet Singh Thind and Jaspreet Kaur Thind as part of its commercial development on 250 Piedmont Road; and WHEREAS, the City of Milpitas has heretofore entered into an improvement agreement on November 15, 2022 with Satpreet Singh Thind and Jaspreet Kaur Thind, for the Thind Residence; and WHEREAS, Satpreet Singh Thind and Jaspreet Kaur Thind, as Principal, and American Contractor Indemnity Company, as Surety, executed and posted a certain Phase 1 Performance Bond Number 100692967 and a certain Phase 2 Performance Bond Number 100692958 conditioned upon the faithful performance of the provisions of said improvement agreement and upon the faithful performance of all improvement work required thereunder; and WHEREAS, said public improvements for the Thind Residence have been completed and the improvement agreement provides that the securities shall extend for a period of one year after the date of acceptance of said improvements to cover the warranty period of said improvements under said agreement; and WHEREAS, the City Council is willing to consent to a reduction in the penal sum of said security during said one year warranty period; and
WHEREAS, the City Engineer of the City of Milpitas has made a final inspection of said improvements for the Thind Residence and recommends that the City Council of the City of Milpitas accept the same as constructed in accordance with the approved plans and specifications.

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

2. Those certain public improvements constructed as part of the Thind Residence, are hereby accepted as constructed in accordance with the approved plans and specifications upon recommendation of the City Engineer of the City of Milpitas.

3. The penal sum of the Phase 1 faithful performance bond securing said improvements may be reduced to the sum of $15,989.00, and the penal sum of the Phase 2 faithful performance bond securing said improvements may be reduced to the sum of $1,792.00 upon request of Principal and Surety, with said penal sums as reduced to apply from the date of completion and acceptance of said improvements and to extend for the balance of the term of one year of said securities. Provided, however, that nothing herein contained shall in any way be deemed to be a waiver, release or relinquish by City of any obligations imposed upon the developer or his surety, or sureties, by law or by the above referend public improvement agreement, save and except as expressly set forth herein.

4. The City Council grants authorization to the City Engineer to release the performance bonds after the one-year warranty period without further City Council action provided all required warranty work is completed to the satisfaction of the City Engineer.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

Page 24 of 707 ends

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Approve and Authorize the City Manager to Execute Amendment #1 to the Agreement with HdL and Associates for Sales Tax Audit, Analysis, Reports and Forecasting Services in an Amount of $300,000 (Staff Contact: Lauren Lai, Finance Director, 408- 586-3111)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 11/7/2023
Recommendation: Approve and authorize the City Manager to execute Amendment #1 to the agreement with HdL and Associates for sales tax audit, Analysis, Reports and Forecasting Services in an Amount of $300,000.

BACKGROUND:

Sales tax revenue is the second primary source of General Fund revenue. For Fiscal Year 2023-24, total sales tax revenue is estimated at $35.9 million or 28% of the General Fund operating budget. According to best practices and good governance, this City’s sales tax revenue has been audited, analyzed and reported by sales tax experts. Specifically, the City has a contract with Hinderliter de Llamas and Associates (“HdL and Associates”) to provide sales tax audit, analysis, reports and forecasting services. This contract was effective July 22, 2021 for an amount not to exceed $100,000. The services cover both the Bradley Burns and Measure F District Tax with analysis/forecasting services/reports at a monthly fee of only $750 and $250, respectively.

Whereas the payment for audit recovery services is contingent upon actual discovery and collection of new, increased and/or recovered sales tax revenue, wherein the HdL and Associates receives 15% of such collections for a period of eight consecutive reporting quarters. Moreover, the contingent fee of 15% is for the first $2 million, then it’s 10% for recoveries of $2 million to $3 million and 5% on recoveries over $3 million.

ANALYSIS:

Since July 2021, HdL and Associates has been successful in recovering approximately $850,000 of sales tax revenues to the City. Without HdL services, the City would not have recovered $850,000 to fund valued city services. Given the success of the audit recovery services, the terms of the original HdL and Associates service contract valued at $100,000 needs to be amended. Specifically, Staff is requesting Amendment #1 to add $300,000 for both the Bradley Burns and Measure F sales tax audit, analysis, reports and forecasting services. With the original agreement not-to-exceed amount of $100,000, Amendment #1 would provide a new not-to-exceed amount of $400,000.

The nominal monthly fee for reporting services of $750 and $250, respectively will be modified by the Consumer Price Index (CPI) and the audit recovery fee remains a contingent fee and only incurred upon actual collection of new, increased and/or recovered revenues. Sales tax is the second primary City General Fund revenue source. This contract service provides critical fiscal oversight and auditing. Moreover, this request for consultant contract is consistent with the Milpitas Municipal Code section 1-2-3.13 “Contracting for Consultants.”
POLICY ALTERNATIVE(S):

Alternative 1: Do not approve Amendment #1 to HdL and Associates agreement.

Pros: Funding may be used for other services.

Cons: Sales tax revenue will not be monitored and revenue misallocations to other public agencies will not be identified and recovered to the City General Fund.

Reason for Not Recommending: Aside from the nominal monthly fee for reporting services, the other fee is contingent and only incurred with actual collection of new, increased and/or recovered revenues. Sales tax is the second primary City General Fund revenue source and requires fiscal oversight and auditing.

Page 25 of 707 ends

FISCAL IMPACT:

Amendment #1 would add $300,000 to the not-to-exceed value of the HdL and Associates sales tax services contract. Aside from the nominal monthly fee for reporting services, the audit recovery fee is a contingent fee and only incurred upon actual collection of new, increased and/or recovered revenues.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

Council consideration of and direction to approve the Amendment #1 to HdL and Associates Agreement will not cause physical changes to the environment and does not constitute a ”project” under the California Environmental Quality Act (CEQA).

RECOMMENDATION:

Approve and authorize the City Manager to execute Amendment #1 to the agreement with HdL and Associates for sales tax audit, Analysis, Reports and Forecasting Services in an Amount of $300,000.

ATTACHMENT(S):
(a) HdL and Associates Agreement – July 22, 2021
(b) Amendment #1

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1 38077.00180\29167975.8
4/8/19

CITY OF MILPITAS

PROFESSIONAL SERVICES AGREEMENT

This Agreement is made and entered into as _________________ (“Effective Date”) by and between the City of Milpitas, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 455 E. Calaveras Boulevard, Milpitas, California 95035 (“City”), and Hinderliter de Llamas and Associates, a California corporation, with its principal place of business at 120 S. State College Blvd Suite 2 00, Brea, CA 92821 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

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

Sales Tax Audit, Analysis, Reports and Forecasting Services (hereinafter referred to as “the Project”).

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

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

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

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

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit B.
b. In no event shall the total amount paid fo r services rendered by Consultant under this Agreement exceed the sum of One Hundred Thousand Dollars and Zero Cents ($100,000.00). This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within thirty (30) days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter

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2 38077.00180\29167975.8
4/8/19
outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreem ent shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

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

5. Term.

The term of this Agreement shall be from July 1, 2021 to June 30, 2026 , unless earlier terminated as provided herein. The City reserves the right to review the Consultant’s performance at the end of each year and cancel all or part of the Agreement.

6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

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

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

9. Assignment and Subconsultant

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Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shal l contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

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

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

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

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

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenan ce” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is One Thousand Dollars and Zero Cents ($1,000.00) or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with

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the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Co mmissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor C ode Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations.

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

14. Verification of Employment Eligibility.

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

15. City Material Requirements.
[RESERVED]

16. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Santa Clara, State of California. 17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written not ice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being

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abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an am ount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. c. The Consultant understands and accepts that at all times; the Agreement is subject to appropriation of funds by the Mi lpitas City Council. The Agreement may terminate without penalty, liability or expense of any kind to the City at the end of Agreement term. The City has no obligation to make appropriations for the Agreement in lieu of ap propriations for new or other contracts. City budget decisions are subject to the discre tion of the Mayor and City Council. Consultant’s assumption of risk of possible non-appropriation is a part of the considerat ion for the Agreement. This section controls against any and all other provisions of the Agreement.

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

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

20. Limitation of Agreement.

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

21. Notice

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

CITY:

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

Hinderliter de Llamas and Associates
120 S. State College Blvd Suite 200
Brea, CA 92821
Contact Person: Andrew Nickerson
Email: [email protected]

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and shall be effective upon receipt thereof.

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

23. Equal Opportunity Employment.

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

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

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

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

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

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

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

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30. Prohibited Interests
Consultant maintains and warrants that it has no t employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or em ployee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

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

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

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

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

SATISFYING SAID JUDGMENT, DECISION OR ORDER THROUGH A PAYMENT OR

ALTERNATIVE PLAN APPROVED BY THE APPLICABLE COURT/GOVERNMENT AGENCY

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

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

If the Consultant or its subconsultant is subject to a payment or other alternative plan, the Consultant or its subconsultant shall continue to submit documentary evid ence every thirty (30) calendar days during the term of the Agreement demonstrating continued compliance with the plan until the judgment, decision or order has been fully satisfied.
d. For purposes of this Section, a "final j udgment, decision, or order" refers to one for which all appeals have been exhausted or the time period to appeal has expired. Relevant investigatory government agencies include: the United States Depa rtment of Labor, the California Division of Labor

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Standards Enforcement, the City, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.
e. Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law.
f. Notice provided to the City shall be ad dressed to: Attention: Finance Director, 455 E. Calaveras Blvd. Milpitas, CA 95035. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section.
[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF MILPITAS

AND HINDERLITER DE LLAMAS AND ASSOCIATES

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

CITY OF MILPITAS
Approved By:

Steven G. McHarris, City Manager

Date

Approved As To Form:

Christopher J. Diaz, City Attorney

Approved:

Lauren Lai, CPA, MPA
Finance Director/Risk Manager

HINDERLITER DE LLAMAS AND

ASSOCIATES

Signature

Name

Title

Date

DIR Registration Number (If Applicable)

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EXHIBIT A
Scope of Services

1. Sales, Use and Transactions Tax and Economic Analysis/Forecasting Services/Reports

1.1. Establish a special database identifying the name, address, and allocations of Client’s sales tax producers. This database will be utilized to generate special reports to Client on major sales tax producers by rank and category, sales tax activity by categories, identification of reporting aberrations, and per capita and outle t comparisons with regional and statewide sales.

1.2. Provide periodic updated reports to Client identifying changes in sales by individual businesses, business groups and categories, and by geographic area. These reports may include, without limitation, aberrations due to State audits, fund transfers, and receivables, along with late or double payments, and reconc iliation worksheets to assist with budget forecasting.

1.3. Provide periodic summaries for Client to share wi th others if it so desires (including the general public) that analyze Client’s sales tax trends by major groups and geographic areas without disclosing confidential individual tax records.

1.4. Establish a special database with California Department of Tax and Fee Administration (“CDTFA”) registration data for businesses within applicable measure/district boundaries holding seller’s permit accounts. Endea vor to identify transactions and use tax measure/district allocations under such acc ounts for the most current quarter and immediately prior quarter where available.

1.5. Pursuant to MSA Section 6.3, periodically li cense for the limited, non-exclusive, non- transferable use by Client’s staff certain of Consultant’s web -based sales, use and/or transactions tax program(s) containing sellers permit, registration, allocation and related information for business outlets within Client’s jurisdiction registered with the CDTFA.

1.6. Provide periodic updated reports endeavori ng to identify and assist with budget forecasting (i) changes in allocation totals by individual businesses, business groups and categories, and (ii) aberrations due to State audits, fund transfers, and receivables, along with late or double payments.

2. Allocation and Audit Recovery Services

2.1. Conduct (as and when mutually agreed with Client) initial and on-going sales, use and transactions tax audits of businesses to help identify and correct distribution and allocation errors, and to help effect favorable registration, reporting or formula changes thereby generating previously unrealized sales, use or transactions tax income for Client and/or recover misallocated tax from registered taxpayers. Common errors to be monitored and corrected include transposition errors resulting in misallocations; erroneous consolidation of multiple outlets; formula errors; misreporting of “point of sale” to the wrong location; delays in reporting new outlets; misallocating use tax payments to the allocation pools or wrong jurisdiction; and erroneous fund transfers and adjustments.

2.2. Initiate contacts with the CDTFA and sales management and accounting officials in companies that have businesses where a probabil ity of error exists to endeavor to help verify whether current tax receipts accurately reflect the local sales activity.

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2.3. Prepare and submit to the CDTFA information for the purpose of correcting any identified allocation errors, and follow-up with individual businesses and the CDTFA to advocate for Client recovery of back or prospective payments that may be owing.

2.4. If, during the course of its audit, Consultant finds businesses located in Client’s jurisdiction that are properly reporting sales , use or transactions taxes but have the potential for modifying their operation to provide an even greater share to Client, Consultant may so advise Client and colla borate with those businesses and Client to encourage such changes.

3. Consulting and Other Optional Services
From time to time in its sole discretion, consult with Client’s staff, including without limitation, regarding (i) technical questions and other issues related to sales, use and transactions tax, (ii) utilization of reports to enhance collection ef forts, (iii) sales tax projections for proposed annexations, economic development projects and budget planning, (iv) negotiating/review of tax sharing agreements, (v) establishing purchasing corporations, (vi) meeting with taxpayers to encourage self-assessment of tax obligations, and (vii) other sales, use or transactions tax revenue-related matters.

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EXHIBIT B
Schedule of Charges/Payments

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

1. Sales, Use and Transactions Tax and Economic Analysis/Forecasting Services/Reports
a. Fees for performing the sales tax and economic analysis/forecasting Services as described above shall initially be $750 per month. Fees for performing the transactions/use tax reports Services related to a measure/district as described above shall initially be $200 per month for Measure F.
b. Consultant may change the non-hourly Fees established above upon at least 30 days’ prior written notice to Client (but not more than once a year). Any such change must be with reference to th e 12-month percent change in the most recently published annual Consumer Pr ice Index for All Urban Consumers (CPI-U), West Region, as reported by the U.S. Bureau of Labor Statistics (the “CPI Change”), and be equal to the greater of two percent (2%) or the actual CPI Change and the lesser of ten percent (10%) or the actual CPI Change. For example, if the actual CPI Change is 1.5%, then the annual increase will be 2%, if the actual CPI Change is 3.5%, then the annual increase will be 3.5%, and if the actual CPI Change is 12%, then the annual increase will be 10%.

2. Allocation and Audit Recovery Services
a. Fees for performing the sales and use tax allocation and audit recovery Services described above shall be 15% of all new, increased and recovered sales and use tax revenue received by the CITY as a result of CONSULTANT detecting and correcting the related sales/use distribution error. b. Fees for performing the transactions and use tax allocation and audit recovery Services described above sh all be 15% of all new, increases and recovered transactions and use tax revenue rece ived by the CITY as a result of CONSULTANT detecting and correcting the related transactions and use tax error.
c. These fees apply to the first eight (8) consecutive reporting quarters commencing with the quarter in whic h the CDTFA distributes the local tax properly to CITY, together with any prior period reallocations made in response to the HdL inquiry.
d. The transactions and use tax fees a pply to retroactive adjustments only commencing with the quarter CDTFA distributes the local tax properly to CITY, together with any prior period reallocations. This fee WILL NOT apply to any prospective quarters

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e. The 15% contingency fee shall apply to the first $2 million in sales & use tax and transactions and use tax recovered; 10% for recoveries $2 million to $3 million; and 5% on recoveries over $3 million.
f. No fee shall be paid to CONSULTANT, in the event that the CITY identifies, documents, and notifies the CDTFA of a point-of-sale distribution error, reporting error or misallocation as those terms are used herein, the CITY will notify CONSULTANT of the CITY’s discovery NO LATER THAN TEN (10) DAYS AFTER THE Date of Knowledge as defined in Title 18 of the California Code of Regulations, Regulation 1807 (“Date of Knowledge”). The CITY also agrees to notify CONSULTANT promptly if it is working on a local tax misallocation issue independently of CONSULTANT and to maintain and promptly make available to CONSUL TANT on request contemporaneous documentation of such work and its timing so as to not duplicate work. g. These Fees shall be paid notwithstanding any related Client assistance, work in parallel, and/or incurrence of attorneys’ fees or other costs or expenses in connection, with the relevant Services.
h. These Fees shall be paid by Client upon Consultant’s submittal of evidence of Consultant’s relevant Services in support thereof, including, without limitation, copies of relevant communica tions between Consultant and the CDTFA and/or taxpayers.
i. Consultant recognizes Client’s authority to waive or reduce the tax/fee-related debt of a business. Should Client decide to do so for a business whose deficiency was identified by Consultant, Consultant shall be entitled to compensation in the amount of one half (1/2) of the Fees Consultant would have otherwise earned. Deficiencies which are uncollectable due to insolvency or dissolution of the business, or for deficiencies which are otherwise incapable of collection (i.e. statute of limitation or other legal defense) shall not be considered a Client voluntary el ection to waive, and thus, Consultant would not be entitled to compensation related thereto under this provision.

3. Consulting and Other Optional Services
a. Fees for performing the consulting and other optional Services described above shall be based on the following initial hourly rates: (i) Principal - $325; (ii) Programmer - $295; (iii) Senior Analyst - $245; and (iv) Analyst - $195. b. Consultant may change the rates for its hourly Fees from time to time in its sole discretion upon at least 30 days’ prior written notice to Client.

4. General Provisions Relating to Fees
a. Fees for travel and lodging expenses will be invoiced at cost and applied to all meetings (including implementation, training, operations and support). Travel expenses only apply to out of scope travel and must therefore be pre-approved by Client.
b. Fees will be invoiced monthly to Client for Services performed during the prior month. To the extent that Consultant has commercially reasonable means to do so, Fees will be netted out of Client’s monthly revenue disbursement.

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8. Confidentiality Information
Section 7056 of the State of California Revenue and Taxation Code (“R&T Code”) specifically limits the disclosure of confidential taxpayer information contained in the records of the CDTFA. Section 7056 specifies the conditions under which a California city, county or district may authorize persons other than such city, county or district’s officers and employees to examine state sales and use tax records.

Notwithstanding anything to the contrary set forth in this Schedule A to the MSA, the MSA itself, or otherwise, the following conditions specified in Section 7056-(b)(1) of the R&T Code are hereby incorporated into and made part of this Schedule A to the MSA:

8.1. Consultant is hereby authorized by Client under this Schedule A to the MSA to examine sales or transactions and use tax records of the CDTFA provided to Client pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (commencing with R&T Code Section 7200) and the Transactions and Use Tax Law (commencing with R&T Code 7251).

8.2. Consultant is required to disclose information contained in, or derived from, those sales or transactions and use tax records only to an officer or employee of Client who is authorized by Client resolution provided to the CDTFA to examine the information.

8.3. During the term of this Schedule A to the MSA, Consultant is prohibited from performing consulting services for a retailer (as defined in R&T Code Section 6015).

8.4. After the term of this Schedule A to the MSA has expired, Consultant is prohibited from retaining the information contained in or derived from those sales or transactions and use tax records.

Information obtained by examination of CDTFA records shall be used only for purposes related to the collection of local sales or transactions and use taxes by the CDTFA pursuant to this Schedule A to the MSA, or for purposes related to other governmental functions of Client as set forth by resolution of the Client adopted pursuant to R&T Code Section 7056(b). Such resolution shall designate Consultant and its personnel as authorized to (i) examine such sales or transactions and use tax records and (ii) certify that this Section 8 to Schedule A to the MSA meets the requirements set forth in R&T Code Section 7056(b)(1).

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EXHIBIT C
Activity Schedule
Each assigned task by Consultant shall be completed by the deadline mutually agreed upon by Consultant and City. Any anticipated delays shall be immediately communicated by the Consultant to appropriate City staff.

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EXHIBIT “D”

INSURANCE REQUIREMENTS

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

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

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

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

Commercial General Liability (CGL):

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

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

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

Automobile Liability:

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

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

___ Garage keepers’ extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the Contractor or Consultan t, regardless of where the vehicles are kept or driven.

Professional Liability (Errors and Omissions):

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

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

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

Workers’ Compensation Insurance:

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

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

Builder’s Risk (Course of Construction):

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

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Contractor’s or Consultant’s Pollution Legal Liability:

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

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

Cyber Liability Insurance

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

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

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

Surety Bonds:

Contractor shall provide the following Surety Bonds:

____ Bid Bond
____ Performance Bond
____ Payment Bond

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

Other Insurance Provisions:

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

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

Contractor’s general liability and automobile liability policies shall be primary and shall not seek contribution from the City’s coverage and be endorsed to add the City and its officers, officials, employees, and agents as additional insureds under such policies using Insurance Services Office

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form CG 20 10 (or equivalent) on the general liab ility policy. For construction projects, an endorsement providing completed operations coverage for the additional insured on the general liability policy, ISO form CG 20 37 (or equivalent), is also required.

The limits of insurance required in this Agreemen t may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a written contract or agree ment) before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

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

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

___ Notice of Cancellation, Suspension or Otherwise Voiding Policies:

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

_X__ Waiver of Subrogation:

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

___ Completed Operations

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

THE FOLLOWING PROVISIONS APPLY TO ALL AGREEMENTS

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

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

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

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

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

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

Acceptability of Insurers:

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

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

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

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

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

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

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

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Subcontractors:

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

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

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

Verification of Coverage:

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

Special Risks or Circumstances

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

Failure to Comply:

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

Applicability of Coverage:

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

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Amendment No. 1: Hinderliter de Llamas & Associates
1 of 2
AMENDMENT NO. 1

TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF MILPITAS AND

HINDERLITER DE LLAMAS AND ASSOCIATES
FOR

SALES TAX AUDIT, ANALYSIS, REPORTS AND FORECASTING SERVICES This Amendment No. 1 is entered on _________, by and between the City of Milpitas, a municipal corporation (hereafter referred to as “City”), and Hinderliter De Llamas And Associates, a corporation (hereafter referred to as "Consultant").

City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Amendment No. 1.

RECITALS
WHEREAS, on July 22, 2021, the Parties entered into a Professional Services Agreement for Sales Tax Audit, Analysis, Reports and Forecasting Services (the “Agreement”) with a compensation amount not to exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00), and with a term period of July 1, 2021 to June 30, 2026; and
WHEREAS, the Parties now desire to further amend the Agreement to add additional funds of Three Hundred Thousand Dollars and Zero Cents ($300,000.00).

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

1. Section 2b. Compensation is hereby deleted in its entirety and replaced with:

In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of four hundred thousand dollars and zero cents ($400,000.00). This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within thirty (30) days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

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

IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 as of the date first written above.
[Signatures on following page]

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Amendment No. 1: Hinderliter de Llamas & Associates
2 of 2
SIGNATURE PAGE TO AMENDMENT NO. 1

TO PROFESSIONAL SERVICES AGREEMENT
WITH

HINDERLITER DE LLAMAS & ASSOCIATES
FOR

SALES TAX AUDIT, ANALYSIS, REPORTS AND FORECASTING SERVICES

CITY OF MILPITAS
Approved By:

Ned Thomas, City Manager
Date
Approved As To Form:

Michael Mutalipassi, City Attorney
Approved:

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

HINDERLITER DE LLAMAS &

ASSOCITAES
Signature
Name
Title
Date

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CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Approve and Authorize City Manager to Execute a Lease Agreement with Pacific West Builders, Inc. to Lease City Owned Land at 1700 Sango Court in the Amount of $34,800.00 (Staff Contact: Alex Andrade, Economic Development Director, 408-586-3046; and Robert Musallam, Housing Division Manager, 408- 586-3275)
Category: Community Development
Meeting Date: 11/07/2023
Recommendation: Approve and authorize City Manager to execute a lease agreement with Pacific West Builders, Inc. to lease City owned land at 1700 Sango Court in the amount of $34,800 BACKGROUND:

On March 16, 2022, the City entered into a commercial lease agreement with Nibbi Bros. Inc. for employee parking and 29,000 square feet on the property known as 1700 Sango Court for construction laydown, storage, and staging purposes as well as the use of the surface parking lot for the City-owned property located at 1831- 1841 Tarob Court for $7,000 per month. The term of the lease was to be 15 months with an additional three (3) one-month extension options to be executed by the tenant. The tenant executed one monthly option, which expired on July 21, 2023. The total value of the lease agreement was approximately $113,000 for 16 months.

On August 2, 2023, a representative from the Pacific West Builders, Inc. submitted a Letter of Intent (LOI) to lease City owned property at 1700 Sango Court. The terms of the LOI are presented below in the analysis section.

On October 17, 2023 staff presented to the City Council during closed session. Council directed staff to proceed to City Council open session under the consent calendar on November 7, 2023, for formal consideration of a lease agreement by and between the City of Milpitas and Pacific West Builders for the temporary use of 1700 Sango Court for construction staging.

ANALYSIS:

The Letter of Intent to lease 1700 Sango Court is available for review as Attachment 1. The following are the terms of the LOI:
•$2,900 per month
•Twelve (12) month lease beginning at execution date
•Three (3) one-month extensions
•Tenant will pay all expenses of the property to maintain the improvements, insurance, utilities, and any other expenses of the property
•Lease the 1500 square feet of interior office space and 29,000 square feet of asphalt parking lot City staff conducted an analysis of the proposed LOI terms and researched the proposed market value of leasing this property in its current condition. The City conferred with commercial real estate experts in land leasing value. A determination was made that the fair market value to lease the land is between $0.35-$0.45 per square foot. This value would only apply to the open land available for lease, not the office. If staff applied the available space of 29,000 square feet to the low end of that spread, or $0.35 per square foot, the lease value would be $10,150 per month. This does not factor in the enclosed storage space, which carries a cost of $1 per square foot. Including the 1,500 square feet of interior office space, the total market value of a potential lease would be $11,650 per month.

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On September 13, 2023, City staff and key personnel from the Pacific West Builders, Inc., met at the site for a site tour. Upon viewing the site, the personnel acknowledged they are prepared to proceed with the lease, pending the finalizing of terms.

Given this project aims to develop affordable housing in Milpitas, and Pacific West Builders, Inc. staff has noted that their budget is limited, staff counter-offered for the use of the covered and uncovered space for lease for a total of $5,000 per month or $60,000 per year. Any additional month the lease is extended would be extended at a rate of $5,000 per month. This represents a price per square foot of less than 50% of market value. During the extension period, the Bay Area CPI is instituted at a rate of the most recent percentage.

On September 22, 2023, staff sent the counteroffer of $5,000 per month to the Pacific West Builders, Inc. The Pacific West Builders, Inc. replied by rejecting our counterproposal and remained firm that they are unable to afford more than the initial $2,900 per month being offered.

Under the terms of the LOI, the total initial twelve-month value to the city is $34,800. This does not factor in any of the three (3) one-month extensions. Including the extensions, the total value of the lease would be $43,500. A copy of the draft lease agreement is available as Attachment 2.

In consideration for Council is the staff time required to initiate a lease with the Pacific West Builders, Inc. Staff estimates that the cost to the City to negotiate and execute this lease will be approximately $10,000 in staff time from the initial engagement through the full administration of the lease..

As noted above, the market value of the contract is $11,650 per month. However, space is being leased in order to facilitate the development of affordable housing in Milpitas. Should Council agree to a reduced market rent of $2,900 per month, in effect Council would be providing a public benefit of $8,750 per month, or $105,000 towards the development of affordable housing.

FISCAL IMPACT
Should Council approve the recommendations, the City would achieve a positive fiscal impact to the general fund between $34,800 and $43,500, depending on the final length of the lease agreement.

CEQA
The action has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and is not a project pursuant to Pub. Resources Code, § 21065 and Cal. Code Regs., tit. 14, § 15378.

RECOMMENDATIONS:

1. Approve and Authorize City Manager to execute a lease agreement with Pacific West Builders, Inc. to lease City owned land at 1700 Sango Court in the amount of $34,800.

ATTACHMENTS:

1. Letter of Intent to Lease 1700 Sango Court

2. Draft Commercial Lease Agreement

3. Budget Change Form

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Ph: 208.461.0022 // Fax: 208.461.0033 // 430 E. State Street, Ste. 100 // E agle, ID 83616 // www.tpchousing.com

Pacific West Builders, Inc. dba Idaho Pacific West Builders, Inc.

CA – 840164 MT – 146018 NV – 0061006 AZ – ROC209338 AK – 1025502 HI – BC34656 ID – Pacific West Builders, Inc. RCE-875

LETTER OF INTENT

August 2, 2023

Alex Andrade
Economic Development Director
City of Milpitas
455 East Calaveras Blvd.

Milpitas, CA 95035

Re: Lease for 1700 Sango Court

Pacific West Builders, Inc. is pleased to present the following proposal, which establishes the basic terms and conditions for a lease at the above-referenced location under the following terms and conditions:

Premises: Approximately 1500 square feet of interior office space located at 1700 Sango Court, 29,000 square feet of asphalt pa rking lot at 1700 Sango Court (as identified in the attached Exhibi t A) known as the Premises. Legal description to be provided at a la ter date.

Tenant: Milpitas Pacific Associates, a California L imited Partnership

Landlord: City of Milpitas

Use: Tenant shall have the right to use the Premi ses for construction Offices, construction laydown/storage/staging, and construction Trade worker parking and for no other purpose.

Term: 12 months from lease execution/commencement da te

Renewal Options: Month to Month at $2,900/Month, or a pr orated portion thereof, Not to exceed three extension periods of (1) month ea ch

Base Rent: $2,900 per month for 12 months.

Expenses: Tenant will pay all expenses of the Prope rty to maintain the Improvements in first class condition, insurance, utilities and any

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Other expenses of the property.

Lease Commencement: Lease shall commence on lease exec ution.

Delivery Condition: Landlord shall deliver the premi ses on the commencement date in an AS-IS condition without representation or warrant y and free of the Obligation to construct any improvements or make any repairs Thereon.

Tenant Improvements: Tenant shall complete improvement s according to Tenant’s Approved plans and specifications.

Lease Form: Landlord’s Lease form will be used.

Contingency: This proposal is subject to approval by t he City Council for the City Of Milpitas.

Brokers: _________________________________

Insurance: Tenant shall be responsible for providing and maintaining a Certificate of Liability Insurance naming the La ndlord as Additional Insured. Coverage to be named during le ase
Negotiations according to industry standards for sim ilar properties.

Confidentiality: All parties agree to keep negotiati ons confidential unless otherwise Required by law pursuant to Public Records Act. F inal approved Lease shall be a publicly approved document.

Response Deadline: Please respond no later than 8/1 5/2023

Letter of Intent is not intended to constitute a binding agreement but rather to serve as a basis for negotiating a definitive lease containing additional terms and conditions that are customary for a transaction of the nature contemplated by this Letter of Intent, and neither party shall have any obligation to the other until the Lease is executed and delivered by both parties between us.

Neither party will rely on this Letter of Intent as binding on the other and acknowledge that any such reliance would not be reasonable. Further efforts by either party to perform due diligence or carry out other acts in contemplation of the possible lease of the Property may not be deemed evidence of intent of either party to be bound by this Letter of Intent. Further negotiations are contemplated before a binding lease will be prepared. The parties agree to negotiate in good faith from your execution of this Letter of Intent with the goal being to prepare and execute a definitive lease as soon as possible.

If the above terms and conditions are acceptable, please sign both copies of this letter, retain one copy for your files and return the second signed copy to us

We appreciate your time and consideration in this matter.

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Sincerely,

Shaun Jolley
Pacific West Builders, Inc.
(503) 351-0620

[email protected]

Agreed and Acknowledged:

___________________________________________

By: _______________________________________

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09951.00000\32646410.1
1 COMMERCIAL LEASE AGREEMENT
THIS COMMERCIAL LEASE AGREEMENT (the "Lease") is made and entered into by and between City of Milpitas ("Landlord") and Pacific West Builders, Inc. ("Tenant"), under the following terms and conditions:

1. Introduction. Landlord owns the commercial property located at 1700 Sango Court, located in the City of Milpitas, California, (the “Property”).

2. Description of the Leased Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord a portion of the Property known as 29,000 square feet on the Property known as 1700 Sango Court for construction laydown, storage and staging purposes.

3. Term, Occupancy, and Renewal.
a. Term. The term of this Lease shall commence on the date this Lease is executed by both Tenant and Landlord (the "Commencement Date") and shall continue for 12 months from the Commencement Date.
b. Occupancy. Tenant may, upon execution of this Lease by Landlord and Tenant, occupy the Premises on the Commencement Date subject to all terms and conditions of this Lease, provided Tenant complies with Section 17 (Insurance) and delivers an insurance certificate to Landlord prior to entry. Upon delivery of the insurance certificate, first month's rent and any security deposit, Landlord shall deliver the keys and possession to Tenant. c. Option to Renew. Provided Tenant is not in default under any terms of this Lease, and in the sole and absolute discretion of Landlord, Tenant is hereby granted three (3) options to renew this Lease, under the same terms and conditions as set forth in this Lease, for the further term of one (1) month from and after the expiration of the original term of this Lease as set forth under Section 3(a) (the "Renewal Term") by giving Landlord written notice of election of exercise option to at least 30 days prior to the expiration of the then unexpired term; provided, if Tenant fails to timely notify Landlord of election to extend for any option period, all succeeding option periods, if any, shall automatically expire and lapse and the Lease shall terminate at the end of the term then in effect.].

4. Rent. The initial annual rent during the term of this Lease shall be $2900 per month, subject to increase as provided in Section 4(d) below (“Base Rent”). Tenant shall, commencing on the Commencement Date and continuing thereafter on the first day of each and every month during the term of this Lease, pay to Landlord in advance, such minimum monthly rent, without setoff, deduction or demand. If possession is taken on other than the first of the month, rent shall be prorated accordingly based on a 30-day month.
a. Late Charge. Tenant acknowledges that late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease. If any installment of rent due from Tenant is not received by Landlord within five (5) days after it becomes due, Tenant shall pay to Landlord an additional sum of 5% of the overdue rent as a late charge. The parties agree that this late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of late payment by Tenant. Acceptance of any late charge shall not constitute a waiver

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09951.00000\32646410.1
2 of Tenant's default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord.
b. Interest on Unpaid Rent. Rent or other charges under this Lease not paid within five (5) days of the date due shall, in addition to any late charges under Section 4(a) above, bear interest at the lesser of the maximum legal rate or 10% per annum from the date due until paid. c. Holdover. Tenant shall not hold over after the expiration or earlier termination of the term hereof without the express prior written consent of Landlord. Acceptance of rent is not Landlord's consent to holdover. Without Landlord's express consent Tenant shall become a tenant at sufferance only at a rental rate equal to 150% of the rent in effect upon the date of such expiration. Acceptance by Landlord of rent after such expiration or earlier termination shall not constitute a holdover hereunder or result in a renewal. The foregoing provisions of this Section 4 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease, Tenant shall indemnify, protect, defend and hold Landlord harmless from all loss or liability, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. Such indemnity shall survive the expiration of this Lease. d. Annual Adjustment. Beginning on the first anniversary of the Commencement Date, Base Rent shall increase annually at the end of each 12-month period by any increase in the Consumer Price Index (“CPI”) as determined by the U.S. Bureau of Labor Statistics for all Urban Consumers for the San Francisco/Oakland/San Jose Metropolitan Area over the previous year.

Should the CPI be discontinued, the index used for comparison shall be a comparable index as designated by the Bureau. It is recognized by both parties that the Index for any month is not published for approximately two months. Tenant shall, therefore, continue to pay the current rental paid by Tenant until such time as the new rental is calculated and, at that time, Tenant shall pay within ten (10) days of notice of the new Base Rent the new amount plus arrearages. In no event shall Base Rent ever decrease below the prior year’s Base Rent even if the CPI is negative. In such event, the Base Rent shall remain the same.
e. Security Deposit. Concurrently with Tenant's execution of this Lease, Tenant shall deposit with Landlord the Security Deposit in the amount of $10,000.00. The Security Deposit shall be held by Landlord as security for Tenant's performance of the terms of this Lease. Landlord may (but shall not be required to) use all or any part of the Security Deposit to cure any default of Tenant under the Lease (after any required notice and expiration of any applicable cure period) or to compensate Landlord for any loss or damage which Landlord may incur as a result of Tenant's default. Tenant shall not be entitled to interest on the Security Deposit and Landlord shall not be required to keep the Security Deposit separate from its general funds. Where there have been no defaults by Tenant or where all applicable deductions from Security Deposit have been made as hereinabove provided, Landlord shall refund the then existing balance of the Security Deposit to Tenant within thirty (30) days of expiration or termination of this Lease. e.f. SubsideeSubsidy. The value of the leasehold of the propertyLandlord is providing this lease at below market value as a subsidy to tenant’s affordable housing project, which furthers Milpitas’s goal of finding innovative approaches to incentivize affordable housing projects, collaborate with key stakeholders to care for our most vulnerable populations, and support and engage neighborhoods through dedicated programs and services. Tenant is not entitled to receive

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09951.00000\32646410.1
3 this subsidy, which is being offered at the sole discretion of Landlord. Tenant shall not be entitled to claim any portion of this subsidy as damages in action against Landlord. eproviding

5. Place of Payment of Rent. Rent and all other sums which shall become due under this Lease, including but not limited to late charges and additional rent, shall be payable by hand delivery or mail at 455 E. Calaveras Blvd. Milpitas, CA 95035 (Attention: Finance Department), or at such other place as Landlord may designate from time to time in writing. Mailed payments must be received (not postmarked) by Landlord by the date due.

6. Condition of, and Improvements to, Premises.
a. Improvements. Under this Lease, Landlord shall have no obligation or responsibility, actual or implied, to install, construct, accommodate, or make any improvements to the Premises prior to, or as a condition of, Tenant's occupation of the Premises. b. As-Is Condition. Tenant warrants and agrees that Tenant has inspected the Premises. Tenant agrees to take possession of the Premises in an AS-IS condition (which exists on the date this Lease is signed) and Tenant further agrees that, if Tenant wishes to construct any improvement in the Premises, Tenant shall comply with all requirements in Exhibit C as well as Section 13 (Alterations and Liens) of this Lease. Landlord makes no representations regarding the condition, status, compliance with laws or suitability for a particular purpose for Tenant's use. c. Condition Upon Surrender. Upon termination of this Lease, Tenant shall surrender the Premises to Landlord in as good condition as when originally received, ordinary wear and tear and damage by fire, earthquake, flood or act of God excepted, and including any repairs or improvements made by Tenant. If Tenant fails to maintain the Premises in good order and repair, after thirty (30) days' prior written notice, Landlord may, at its option, make such repairs, and Tenant shall pay the reasonable cost thereof as additional rent hereunder within ten (10) days after receipt of a written statement therefor. In the event the giving of thirty (30) days' prior notice may result in additional damage to the Premises, Landlord may make such repairs, at Tenant's expense, without thirty days' prior written notice.
d. Inspection by Certified Access Specialist. Landlord discloses that the Premises have not undergone inspection by a Certified Access Specialist as referenced in California Civil Code Section 1938 subsection (e) which provides: "A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant.

The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises." Pursuant to the foregoing Section 1938(e), Tenant acknowledges and agrees that, if Tenant wishes to have the Premises inspected by a CASp: (i) Tenant must notify Landlord on or before the date when Tenant executes this Lease pursuant to the election below; (ii) the inspection will be at Tenant's sole cost and expense; (iii) the inspection must be scheduled through Landlord and in coordination with the Building’s property manager; (iv) any repairs or modifications necessary to correct any violation of construction-related accessibility standards that is noted in the CASp report

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4 shall be Tenant’s responsibility; and (v) Tenant must provide a copy of the CASp report to Landlord on completion. By initialing below, Tenant represents that:

Tenant wishes to have a CASp inspection of the Premises Initials: ______________ Tenant hereby waives its right to have a CASp inspection of the Premises Initials: ____________

7. Use. The Premises shall be used only for construction laydown, storage, staging, and construction trade worker parking and for no other purpose (“Permitted Use”). Tenant shall not use any portion of the Premises for purposes other than those specified without first obtaining the written consent of Landlord. Tenant shall before and during the Term faithfully observe and comply with, and shall cause all occupants of the Premises to observe and comply with, the "Rules and Regulations" attached hereto as Exhibit B, and all reasonable non-discriminatory modifications and additions to them which Landlord may, from time to time, put into effect and furnish to Tenant. Landlord will try to enforce the Rules and Regulations, but will not be liable to Tenant for the violation or non-performance of the Rules and Regulations by any other tenant or occupant of the Property. Tenant shall maintain and conduct its said business insofar as the same relates to Tenant's use and occupancy of the Premises, in a lawful manner and in strict compliance with all governmental laws, rules, regulations and order. Tenant shall obtain all business licenses, clearances, and permits required to operate its business prior to opening, maintain such necessary licenses and permits in force during the Term, and shall provide copies of each permit or license within 30 days after the Commencement Date and at any time during the Lease Term upon Landlord’s request. Tenant shall post all notices to the public in an accessible and visible place to the public. Such notices may include, but are not limited to, Health Department clearances, business licenses, or cosmetology or other licensure. Tenant shall promptly notify Landlord of any notice of violation, suspension or revocation of any such license or clearance. Without limiting in any way the restriction in this Lease that the Premises be used only for the Permitted Use specified in this paragraph, in no event shall the Premises be used for any exclusive use granted by Landlord to other tenants of the Property prior to or subsequent to the date of this Lease.

Nothing in this Lease shall be construed to grant Tenant an exclusive right to such Permitted Use.

8. Uses Prohibited. In addition to uses prohibited pursuant to Paragraph 7, Tenant shall not do or permit anything to be done in or about the Premises nor bring or keep anything therein which is not within the permitted use of the Premises which will in any way increase the existing rate of or affect any fire or other insurance upon the Property or any of its contents, or cause a cancellation of any insurance policy covering the Property or any part thereof or any of its contents. Tenant shall not use the Premises for any cannabis related uses, dispensary, manufacture, assembly, the sale of cannabis or accessories related to cannabis products. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Property or injure or annoy them or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose; nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or allow to be committed any waste in or upon the Premises. Under no circumstances shall the right herein granted to use the Common Areas be deemed to include the right to sell or solicit in any manner or store any property, temporarily or permanently, in the Common Areas. Any such storage shall be permitted only by the prior written consent of Landlord or Landlord's designated agent, which consent may be revoked at any time. In the event that any unauthorized storage shall occur then Landlord shall have the right, without notice, in addition to any other rights and remedies that it may have, to remove the property and charge the cost to Tenant, which cost shall be payable as

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5 additional rent immediately upon demand by Landlord.

9. Compliance with Laws/Hazardous Materials.
a. Tenant, at Tenant's expense, shall comply with and cause all of Tenant's agents to comply with all applicable laws, ordinances, rules and regulations of governmental authorities applicable to the Premises or the use or occupancy thereof, including, without limitation, the law commonly known as the Americans With Disabilities Act and California Code of Regulations Title 8, Sections 3281 through 3299 (collectively, "Laws"). b. Tenant shall not cause or permit any Hazardous Materials, as defined below, to be brought upon, kept, used, discharged, deposited or leaked in or about the Premises or the Property by Tenant or any of Tenant's agents or by anyone in the Premises (other than Landlord or its agents, employees or contractors), except to the extent such Hazardous Materials are cleaning or office supplies customarily kept or used by tenants and are kept and used in accordance with all applicable laws. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of any Hazardous Material on the Premises or the Property caused or suffered or permitted by Tenant or any of Tenant's agents or by anyone in the Premises (other than Landlord or its agents, employees or contractors) results in contamination of the Premises or the Property, or if contamination of the Premises or the Property by any Hazardous Material otherwise occurs for which Tenant is legally liable, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, damages, costs, liabilities and expenses (including, without limitation, diminution in value or use of the Property, attorneys' fees, consultant fees and expert fees) which arise during or after the Term as a result of such contamination. This indemnification shall include, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work on or under the Premises. "Hazardous Material" means any hazardous or toxic substance, material or waste which is or becomes regulated by any local, state or federal governmental authority or by common law decisions, including without limitation (i) all chlorinated solvents, (ii) petroleum products or by-products, (iii) asbestos and (iv) polychlorinated biphenyls.

10. Waste; Nuisance; Quiet Enjoyment. Tenant shall not suffer or commit any waste or nuisance on the Premises, nor shall Tenant interfere with or obstruct the rights of or disturb the quiet enjoyment of any other tenant or occupant of the building or injure or annoy them. Tenant shall not use or allow the Premises to be used for any improper, immoral, or objectionable purposes, to be determined Landlord's sole and absolute judgment.

11. Repair and Maintenance.
a. Landlord shall repair and maintain the roof, structural foundations, exterior walls of the building, and Common Areas in which the Premises are located unless the need for such repair shall be caused by the neglect, misuse, or misconduct of Tenant, its agents, employees or invitees, in which case Landlord shall promptly cause the repairs to be made at Tenant's sole expense. Within ten (10) days after receipt of a written notice that Landlord has made repairs that were caused by the neglect, misuse, or misconduct of Tenant, its agents, employees or invitees, Tenant shall promptly reimburse Landlord within thirty (30) days of invoice for the cost of all such repairs and maintenance. Landlord shall not be required to make any repairs to the roof, structural foundation, or exterior walls unless and until Tenant has notified Landlord in writing of the need

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6 for such repairs and Landlord shall have had a reasonable period thereafter to commence and complete said repairs.
b. Tenant shall, at Tenant's sole cost and expense, maintain the Premises except as noted under Section 11(a), above, in good condition and repair. Said maintenance shall include but not be limited to, the interior of the Premises, exterior doors and windows, all fixtures and equipment, including without limitation, heating and ventilation systems, plate glass, electrical wiring, plumbing fixtures, plumbing drains (from the interior of the Premises to the point of connection of Tenant's drainage system with the sanitary sewer system owned, managed, and/or maintained by the local municipality). Tenant hereby waives California Civil Code Sections 1932(1), 1941 and 1942 and any other applicable existing or future law, ordinance or governmental regulation permitting Tenant to make repairs at Landlord's expense.

12. Additional Rent. In addition to the Base Rent required to be paid hereunder, Tenant shall pay as additional rent as provided in this Paragraph 12, an amount equal to (i) Operating Expenses assessed, billed, or charged separately against the Premises, plus (ii) Tenant’s Proportionate Share of Property Operating Expenses not so separately assessed, billed, or charged in the manner set forth below (Tenant’s “Operating Expense”).
a. Landlord shall reasonably allocate to Tenant portions of Operating Expenses not assessed, billed or charged separately against the Premises between the Premises and the other occupied building area in the Property. The portion of an Operating Expense so allocated by Landlord to the Premises shall be Tenant's share of such Operating Expense. Tenant's share of all real property taxes and assessments resulting from leasehold improvements by Tenant shall be 100% allocated to Tenant. Additional Rent shall be invoiced on a monthly basis after Operating Expenses have been incurred by Landlord, and shall be due on the first (1st) day of the month following invoice.
b. Operating Expenses shall include all costs to operate, repair, restore, maintain and manage the Property improvements, buildings, roofs, common areas, parking lots, sidewalks, driveways, and other areas used in common by the tenants of the Property; all costs to supervise and administer said common areas, parking lots, sidewalks, driveways, and other areas used in common by the tenants or occupants of the Property, including such fees as may be paid to a third party in connection with same; and all parking charges, utility charges and surcharges, or any other costs levied, assessed or imposed by, or at the direction of, or resulting from statutes or regulations, or interpretations thereof, promulgated by any governmental authority in connection with the use or occupancy of the Premises or the parking facilities serving the Premises. Operating Expenses include the following costs by way of illustration, but shall not be limited to: general and special real property taxes and assessments (including any tax imposed by changes in laws or which is imposed as a result of this transaction or any transfers hereof), rent taxes; gross receipt taxes (whether assessed against Landlord or assessed against Tenant and collected by Landlord, or both); water and sewer charges; insurance premiums on property and liability insurance maintained by Landlord; any deductible portion of an insured loss; utilities; refuse disposal; painting, and decoration of non-tenant areas; Common Area lighting; fire detection systems; security; Common Area clean-up; labor; reasonable costs incurred in the management of the Property; air- conditioning and heating; supplies, materials, equipment and tools, including maintenance and repair costs and service contracts; costs of licenses, permits and inspections; maintenance, repair and restoration of all Common Areas, including repair/installation of asphalt overlay, resurfacing, restriping and cleaning of parking areas (all of which parking area expenses shall be non-capital

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7 improvements); cost of Landlord's compliance under the Lease; landscaping and gardening; cost of utilities not separately metered; rental value of manager's office; wages, salaries and benefits; and other services to be provided by Landlord that are stated elsewhere in this Lease to be Operating Expenses. All capital expenditures that directly and measurably reduce Operating Expenses or that are required to comply with laws or regulations shall also be included in Operating Expenses. Operating Expenses shall not include depreciation on the Property buildings, loan payments, executive salaries or real estate brokers' commissions. c. Trade Fixtures And Equipment. Tenant at its own expense shall provide and maintain all trade fixtures and equipment reasonably required to enable it to conduct its business in the Premises in a business-like manner. Tenant shall keep all trade fixtures and equipment clean and in good repair. Kitchens or other food preparation facilities shall be steam cleaned annually.

Landlord may inspect the Premises annually to ensure good maintenance practices and review the current condition of the Premises pursuant to Section 15. Such fixtures and equipment shall remain the property of Tenant, and Tenant may remove or if required to do so by Landlord, shall remove the same or any part thereof upon the termination of this Lease. Prior to lease expiration or earlier termination, Tenant shall repair at its own expense any damage to the Premises caused by its removal of said fixtures or equipment. All trade fixtures and equipment installed by Tenant pursuant thereto shall not be subject to, and shall be free of any lien for payment of rent by Tenant or for the performance of any other obligation of Tenant. Tenant shall keep Tenant's fixtures and equipment insured for full replacement value.
d. To the extent separately assessed, billed or charged, Tenant shall pay, during the term hereof, all electric, water, gas, telephone, and other public utility charges in connection with its occupancy and use of the Premises, including all costs of operating and maintaining all equipment therein, and all business taxes and all taxes upon the property and fixtures of the Tenant.

To the extent not separately assessed, billed or charged, such charges shall be subject to this Section 12 (Additional Rent). Landlord shall not be responsible for any interruptions or disturbance of service regardless of whether Tenant is paying directly for such services or if such services are being contracted for by Landlord, nor shall there be any abatement of rent resulting from any cessation or interruption of utility service or other service contemplated by this section.

Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law, ordinance or governmental regulation permitting the termination of this Lease due to the interruption of failure of any services to be provided under this Lease. e. Revenue & Taxation Code Section 107.6 Possessory Interest Tax. Tenant recognizes and understands that this Lease may create a possessory interest subject to property taxes and that, if a possessory interest is created, Tenant shall, in accordance with this Section 12(e) hereof, be responsible for payment of property taxes levied against such possessory interest.

13. Alterations and Liens. Tenant shall not make or cause to be made any alterations, additions, or improvements to or of the Premises or any part thereof without the prior written consent of Landlord. If any alterations require additional changes to comply with Laws which are triggered by Tenant's alterations, all such resulting requirements to comply with Laws shall be at Tenant's expense and any Landlord consent to such alterations shall be conditioned on Tenant's payment for same. Any alterations, additions, or improvements affixed to the Premises, except furnishings, equipment, and trade fixtures, shall, at Landlord's option, become part of the real property and belong to Landlord on expiration or termination of the term and any extension thereof. If Landlord consents to the making of any alteration, additions, or improvements to the Premises, they shall be

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8 made at Tenant's sole cost and expense. Tenant shall comply with the provisions of Exhibit C with regard to all Alterations and Improvements. Tenant shall keep the Premises free and clear of any liens or encumbrances which may arise from such work. At Landlord's option, Tenant shall, at its sole cost and expense, remove all such additions, alterations, and improvements from the Premises at the end of the term hereof and repair any damage to the Premises occasioned by such removal. If Tenant shall fail to complete such removal and repair such damage within ten (10) days after such termination, Landlord may do so and Tenant shall pay the reasonable cost thereof as additional rent within ten (10) days after Landlord shall render to Tenant a written statement therefor. In the event Tenant makes any alterations to the Premises that trigger or give rise to a requirement that the Premises come into compliance with any governmental laws, ordinances, statutes, order and or regulations (such as ADA requirements), Tenant shall be fully responsible for complying, at its sole cost and expense with same. Tenant shall file a Notice of Completion after completion of any alteration or improvement and provide Landlord with a copy thereof.

Tenant shall provide Landlord with a copy of a set of “as built” drawings of any such work.

14. Assignment and Subletting. Tenant shall not either voluntarily, or by operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber this Lease or any interest therein, and shall not sublet the said Premises or any part thereof, or any right or privilege appurtenant thereto, or allow any other person (the employees, agents, servants and invitees of Tenant excepted) to occupy or use the said Premises, or any portion thereof, without first obtaining the written consent of Landlord which shall not be unreasonably withheld. If an assignment or subletting involves a use other than that permitted in Paragraph 7 above, Tenant must comply with said Paragraph 7.

Consent to one assignment, subletting, occupation or use by another person shall not be deemed to be consent to any subsequent assignment, subletting, occupation or use by another person.

Consent to any such assignment or subletting shall in no way relieve Tenant of any liability under this Lease. Any such assignment or subletting without such consent shall be void, and shall, at the option of the Landlord, constitute a default under the terms of this Lease. No sublease or assignment shall release Tenant from continuing liability hereunder. In the event that Landlord shall consent to a sublease or assignment hereunder, Tenant shall pay Landlord reasonable attorney fees and costs incurred in connection with the processing of documents necessary to giving of such consent. Any excess consideration above the rental rate provided in this Lease Tenant is entitled to as a result of any assignment or sublease shall be divided and paid 50% to Tenant and 50% to Landlord; provided, however, that if Tenant is in default under this Lease, Landlord shall be entitled to all such excess consideration
a. Procedures. Should Tenant desire to assign, transfer, sublet, mortgage, pledge, hypothecate or encumber this Lease or any interest therein (a “Transfer”), Tenant shall request, in writing, Landlord's consent to the proposed Transfer at least 60 days before the intended effective date of the proposed Transfer (which request shall be accompanied by a payment of Five Hundred Dollars ($500.00) to reimburse Landlord for costs incurred in connection with reviewing such proposed Assignment), which request shall include any information reasonably requested by Landlord to evaluate the proposed Transfer. Within 30 days after receipt of Tenant's request for consent to the proposed Transfer together with all of the above-required information, Landlord shall respond and shall have the right to, in Landlord’s sole discretion: (a) consent to the proposed Transfer; (b) refuse to consent to the proposed Transfer; or (c) terminate this Lease, such termination to be effective 30 days after Tenant's receipt of Landlord's notice electing to so terminate. If Landlord shall exercise its termination right hereunder, Landlord shall have the right to enter into a lease or other occupancy agreement directly with the proposed transferee, and Tenant shall have no right to any of the rents or other consideration payable by such proposed

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9 transferee under such other lease or occupancy agreement. A consent to one Transfer by Landlord shall not be deemed to be a consent to any subsequent Transfer to any other party. b. Standard for Consent. Tenant agrees that Landlord may refuse its consent to the proposed transfer on any reasonable grounds, and (by way of example and without limitation) Tenant agrees that it shall be reasonable for Landlord to withhold its consent if any of the following situations exist or may exist: (a) the proposed assignee, subtenant or transferee (each a "Transferee") proposes to change the use of the Premises from the permitted use pursuant to Section 7, and the new proposed use of the Premises (i) is a non-retail use; or (ii) is a use which would breach any exclusive use rights granted in writing to another tenant in the Property; or (iii) is a use which would duplicate the primary use of any other tenant or occupant in the Property; or (iv) in Landlord's reasonable opinion, is inconsistent with the tenant mix in the Property at the time of the request for Landlord's consent (excepting the use specified in Section 7 above); (b) the proposed Transferee's financial condition, net worth or liquidity is inadequate, based upon Landlord's reasonable business judgment consistent with generally accepted industry standards necessary to support all of the financial and other obligations of Tenant under this Lease; (c) the business reputation or character of the proposed Transferee is not reasonably acceptable to Landlord; (d) the proposed Transferee is not likely to conduct on the Premises a business of a quality substantially equal to that conducted by Tenant, including Landlord's ability to obtain Percentage Rent; or (e) the business of the proposed Transferee is not, in Landlord's reasonable judgment, a business that is likely to attract patrons to the Property, based on the demographics and clientele of the Property, or the business or reputation of the proposed Transferee is inconsistent with the image of the Property; (f) the proposed Transferee would, in Landlord's reasonable judgment, be unlikely to generate revenues in sufficient amounts to sustain the level of percentage rent obligations then being incurred by Tenant; (g) the proposed Transferee will create a vacancy elsewhere in the Property; (h) the proposed Transferee is a person with whom Landlord is, or recently has been, within the past three (3) months, negotiating to lease space in property owned by Landlord, including the Property; (i) Tenant is in default under the Lease, or has defaulted hereunder on more than three (3) occasions during the twelve (12) months preceding the request by Tenant; (j) the proposed business plan (or past business history) of the proposed Transferee indicates a possible likelihood of detriment to any portion of the Property or to the Rent to be received by Landlord hereunder; (k) the proposed Transferee will operate under a trade name other than that stated in this Lease; and/or (l) the proposed Transferee does not, in Landlord's reasonable judgment, have sufficient business experience (including substantial experience in comparable retail centers) to successfully operate a retail establishment in the Premises in the manner contemplated in the Lease.

15. Entry by Landlord. Except for emergencies such as fire, water intrusion and the like which may be at any time, Landlord and its agents shall have the right to enter the Premises at reasonable times to inspect and examine the same and to make such repairs to the Premises as the Landlord shall deem advisable, and to show the Premises to prospective tenants, buyers or lenders.

16. Indemnification.
a. Waiver of Claims. To the extent permitted by law, Tenant waives all claims against Landlord for damage to person or property arising for any reason. Tenant assumes all such risks for Tenant and any employees, licensees, invitees, agents, or contractors.

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10 b. General Indemnity. Tenant shall indemnify, protect, defend (at Tenant's sole cost and with legal counsel acceptable to Landlord) and hold harmless, Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, officers, employees, volunteers, council members, board members, lenders, agents, contractors, successors and assigns from and against any and all claims, judgments, causes of action, damages, penalties, costs, liabilities, and expenses, including all court costs and attorney fees, arising at any time during or after the Term, as a result (directly or indirectly) of or in connection with (i) default in the performance of any obligation on Tenant’s part to be performed under the terms of this Lease, or (ii) Tenant’s use of the Premises, the conduct of Tenant’s business or any activity, work or things done, permitted or suffered by Tenant or Tenant’s employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively “Tenant Parties”) in or about the Premises, the Property, the Common Area or other portions of the Premises except as provided by law or for claims caused solely by Landlord’s gross negligence or willful misconduct. Tenant’s indemnity is not intended to nor shall it relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease to the extent such policies cover the results of negligent acts or omissions of Landlord, its employees, agents, volunteers, contractors, council members, board members and officers or the failure of Landlord to perform any of its obligations under this Lease. The obligations of Tenant under this Section 16(b) shall survive the termination or earlier expiration of this Lease. c. Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to the Premises and its property including, but not limited to, Tenant's fixtures, equipment, furniture and alterations, or illness or injury to persons in, upon or about the Premises, arising from any cause, and Tenant hereby expressly releases Landlord and waives all claims in respect thereof against Landlord, except only such claims as are caused solely by Landlord's gross negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant's business or any loss of income therefrom or for damage to the property of Tenant, or injury to or illness or death of Tenant or any Tenant Party or any other person in or about the Premises, whether such damage, illness or injury is caused by fire, steam, electricity, gas, water or rain, or from the breakage, leakage or other defects of sprinklers, wires, appliances, ventilation, plumbing, air conditioning or lighting fixtures, or from any other cause, and whether said damage, illness or injury results from conditions arising upon the Premises, upon other portions of the Property or from other sources or places, and regardless of whether the cause of such damage, illness or injury or the means of repairing the same is inaccessible to Tenant, except only damage, illness or injury caused solely by Landlord's gross negligence or willful misconduct.

17. Insurance. Tenant shall obtain and maintain at all times during the Term of this Lease insurance against claims for injuries to personal or damages to property which may arise from or in connection with the Lease by the Tenant, its agents, representatives, employees, invitees, or subcontractors. Tenant shall obtain and furnish proof of coverage as to each type of insurance required.
a. Property Insurance. During the Lease Term, Tenant shall, at Tenant's expense, maintain, or cause to be maintained, "All risk" property insurance including boiler and machinery comprehensive form, if applicable, covering damage to or loss of any of Tenant's personal property, fixtures, equipment and alterations, including electronic data processing equipment (collectively, "Tenant's Property") (and coverage for the full replacement cost thereof including business interruption of Tenant);

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11 b. Liability Insurance. Commercial General Liability Insurance (Occurrence Form).

A policy of commercial general liability insurance (occurrence form) having a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) in aggregate, providing coverage for, among other things, blanket contractual liability, Premises, products/completed operations with an "Additional Insured-Managers or Lessors of Premises Endorsement" and containing the "Amendment of the Pollution Exclusion Endorsement" for damage caused by heat, smoke or fumes from a hostile fire, and personal and advertising injury coverage, with deletion of (a) the exclusion for operations within fifty (50) feet of a railroad track (railroad protective liability), if applicable, and (b) the exclusion for explosion, collapse or underground hazard, if applicable. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, and shall include coverage for liability assumed under this Lease as an "Insured Contract" for the performance of Tenant's indemnity obligations under this Lease;
c. Automobile Liability Insurance. Business automobile liability insurance having a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence and insuring Tenant against liability for claims arising out of ownership, maintenance, or use of any owned, hired or non-owned automobiles;
d. Worker's Compensation . Workers' compensation insurance having limits not less than those required by state statute and federal statute, if applicable, and covering all persons employed by Tenant in the conduct of its operations on the Premises including coverage for all states and, if applicable, voluntary compensation, together with employer's liability insurance coverage in the amount of at least One Million Dollars ($1,000,000); e. Other Insurance. Any other form or forms of insurance as Landlord or mortgagees of Landlord may reasonably require from time to time in form, in amounts and for insurance risks against which a prudent tenant would protect itself;
f. Business Interruption. Loss of income and extra expense insurance in amounts as will reimburse Tenant for direct or indirect loss of earnings attributable to all peril commonly insured against by prudent Tenants in the business of Tenant or to prevention of access to the Premises as a result of such perils;
g. Umbrella/Excess Liability Insurance. Umbrella or excess liability insurance may be used to satisfy the limits required in Section 17(a) and (b) above. The umbrella liability or excess liability policy shall be written on an "occurrence" form with a self-insured retention no greater than Ten Thousand Dollars ($10,000). Such policies shall name Landlord as an additional insured and shall be primary to any insurance maintained by Landlord. h. Waiver of Subrogation. The parties release each other, and their respective authorized representatives, from any claims (for damage to any person or to the Premises and/or the building in which the Premises are located, and to the fixtures, personal property, Tenant's improvements, and alterations of either Landlord or Tenant in or on the Premises and/or the building in which the Premises are located) that are caused by or result from risks which are insured against under any insurance policies carried by the parties and in force at the time of any such damage and to the full extent of any proceeds paid under said policies.

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12 i. Ratings, Certificates. All policies shall be taken out with insurers licensed to do business in California with a current Best Rating of (A, XIII) and in form satisfactory from time to time to Landlord. Certificates of insurance evidencing all such insurance and acceptable to the Landlord shall be filed with Landlord prior to occupancy of the Premises and at least ten (10) days prior to the expiration of the term of each policy thereafter. Such certificates of insurance must specifically show all the special policy conditions required in this Paragraph 9, including "additional insured," "waiver of subrogation," "notice of cancellation," and "primary insurance" wording applicable to each policy. Alternatively, a certified, true and complete copy of each properly endorsed policy may be submitted. All policies shall contain an undertaking by the insurers to notify Landlord and the mortgagees of Landlord in writing not less than thirty (30) days prior to any material change, reduction in coverage, cancellation, or other termination thereof.

Tenant shall furnish Landlord with proof of renewal or binders for new insurance at least thirty (30) days before the expiration date of each policy. With respect to CGL Insurance, Tenant shall name Landlord, its employees, elected officials, board members, officers, agents and volunteers as additional insureds with respect to Tenant's negligence for any claims arising out of Tenant's operations in or upon the Premises. In addition, the CGL Insurance: (i) must be endorsed to be primary and non-contributory, rather than excess, with respect to each party's additional insured status; (ii) endorsed to provide cross-liability coverage if they do not contain a standard ISO separation of insureds provision; (iii) shall not contain any endorsement or provision that states the limits of the policy will not stack, pyramid or be addition to any other limits provided by that insurer, and (iv) have no cross suits exclusion, or any similar exclusion that excludes coverage for claims brought by an additional insured under the policy against another insured under the policy.

All insurance policies required by this Section 17 (i) must be issued by insurance companies having an "A" rating or better by Standard and Poor's, and if not rated by Standard & Poor's, then a rating of "A" by A.M. Best Company, and (ii) may be satisfied by a primary policy or combination of primary and umbrella policies. The insurance provisions set forth in this Section 17 set forth the minimum amounts and scopes of coverage to be maintained by Landlord and Tenant and are not to be construed in any way as a limitation on each party's liability under this Lease. Landlord, as a public entity, may satisfy any of its insurance requirements by use of self-insurance, deductible, captive insurance company or risk pool. The responsibility to fund any financial obligation for self-insurance, the election not to insure, and/or deductibles shall be assumed by, for the account of, and at the sole risk of each party. The application of coverage within this self-insurance, election not to insure, and/or deductible shall be deemed covered in accordance with the policy forms set forth in this Section 17.

18. Destruction of Premises.
a. Destruction Due to Risk Covered by Insurance. If, during the term of this Lease and any renewal term, the Premises or the Property and other improvements in which the Premises are located are totally or partially destroyed from a risk covered by insurance carried by either Tenant or Landlord for the Property, rendering the Premises totally or partially inaccessible or unusable, Landlord shall restore the Premises or the Property, and other improvements in which the Premises are located, to substantially the same condition as they were immediately before destruction if they can be repaired within 270 days from date of destruction. Such destruction shall not terminate this Lease. If the existing laws do not permit the restoration, either party can terminate this Lease immediately by giving notice to the other party. Provided, however, if the cost of the restoration exceeds the amount of proceeds received from the insurance, or the estimate of time to fully restore the Premises exceeds the lesser of 270 days or the remaining Term of the

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13 Lease, Landlord can elect to terminate this Lease by giving notice to Tenant within fifteen (15) days after determining that the restoration cost will exceed the insurance proceeds. b. Destruction Due to Risk Not Covered by Insurance. If, during the term of this Lease and any renewal term, the Premises or the Property and other improvements in which the Premises are located are totally or partially destroyed by a risk not covered by the insurance, rendering the Premises totally or partially inaccessible or unusable, Landlord can elect to terminate this Lease by giving notice to Tenant within fifteen (15) days after determining the restoration cost and replacement value.
c. Abatement or Reduction of Rent. In case of destruction, there shall be an abatement or reduction of rent between the date of destruction and the date of substantial completion of restoration based on the extent to which the destruction interferes with Tenant's use of the Premises.
d. Waiver of Civil Code Sections. Tenant waives the provisions of California Civil Code Section 1932(2) and California Civil Code Section 1933(4) with respect to any destruction of the Premises.

19. Default and Landlord's Remedies.
a. Default. The occurrence of any of the following shall constitute a default by Tenant:
(1) Tenant shall fail to pay when due any rent or any other monetary sum payable under this Lease.
(2) Tenant shall fail to observe, keep or perform any of the other terms, covenants, agreements or conditions contained in this Lease if such default continues for a period of ten (10) days after written notice by Landlord specifying the nature of the default with reasonable particularity, unless the nature of the default is such that more than ten (10) days is required to cure it and Tenant commences to cure it within such ten (10) -day period and thereafter diligently pursues it to completion.
(3) Tenant shall become bankrupt or insolvent or make a transfer in fraud of creditors, or make an assignment for the benefit of creditors, or take or have taken against Tenant any proceedings of any kind under any provision of the Federal Bankruptcy Act or under any other insolvency, bankruptcy or reorganization act and, in the event any such proceedings are involuntary, Tenant is not discharged from the same within thirty (30) days thereafter. (4) A receiver is appointed for a substantial part of the assets of Tenant, and such receivership is not released within thirty (30) days. (5) The abandonment of the Premises by Tenant, or the vacation (hereby defined to be thirty (30) or more consecutive days of continual absence from the Premises) of the Premises by Tenant.
(6) This Lease or any estate of Tenant hereunder shall be levied upon by any attachment or execution and such levy is not released within thirty (30) days.

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14 Notices given under this Section shall specify the alleged default and the applicable Lease provisions, and shall demand that Tenant perform the provisions of this Lease or pay the rent that is in arrears, as the case may be, within the applicable period of time, or quit the Premises. b. Landlord's Remedies. If any default by Tenant shall occur, and following notice of default as required by this Lease (for the period applicable to the default under the applicable provision of this Lease), Landlord shall have the following remedies in addition to all other rights and remedies provided by law or equity, to which Landlord may resort cumulatively or in the alternative.
(1) Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder by giving written notice of such intention to terminate. In the event that Landlord shall so elect to terminate this Lease, then Landlord may recover from Tenant:
(a) The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(b) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; plus (c) The worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom; and (e) At Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable law.

As used in Subparagraphs (a) and (b) above of this Section, the "worth at the time of award" is computed by allowing interest at the maximum rate an individual is permitted by law to charge. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
(2) In the event of the vacation or abandonment of the Premises by Tenant, or in the event that Landlord shall elect to reenter as provided herein or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then Landlord shall have the remedy specified by Civil Code Section 1951.4, in which Landlord may from time to time recover all rental as it becomes due or relet the Premises or any part thereof for the account of Tenant on such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable, with the right to make alterations and repairs to the Premises. In the event that Landlord shall elect so to relet, then rentals received by Landlord from such reletting shall be applied first, to the payment of any indebtedness, other than rent due hereunder, owed by Tenant to Landlord; second, to the payment of any cost (including commissions) of such reletting; third, to the payment of the cost of any alterations and repairs to the Premises; fourth, to the payment of rent due and unpaid hereunder; and the residue,

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15 if any, shall be held by Landlord and applied in payment of future rent as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of rent hereunder, be less than the rent payable during that month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord upon demand.

Tenant shall also pay to Landlord, as soon as ascertained, any and all costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.
(3) No reentry or taking possession of the Premises by Landlord pursuant to this Section shall be construed as an election to terminate this Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction.

20. Signs. All signs and graphics of every kind visible in or from public view or corridors, or the exterior of the Premises, whether inside or outside the Premises, shall be subject to Landlord’s prior written approval and shall be subject to compliance with any applicable Laws, including local sign ordinances and Historic Preservation laws. Landlord may provide, at its option, a building directory sign, for which Tenant shall pay its Proportionate Share.

21. Parking. Tenant shall have use of the Premises for parking.

22. Estoppel Certificate. Tenant shall execute and deliver to Landlord within ten (10) days of request a commercially reasonable estoppel statement. Landlord and Tenant intend that any estoppel statement delivered pursuant to this Section may be relied upon by any mortgagee, beneficiary, purchaser or prospective purchaser of the building or any interest therein and failure to execute and return such estoppel shall be a material breach of the Lease.

23. Eminent Domain. In case the whole of the Premises, or such part thereof that substantially interferes with the reasonable use of the Premises, shall be taken for any public or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, either party shall have the right to terminate this Lease effective as of the date possession is required to be surrendered to said authority. Tenant shall not assert any claim against Landlord or the taking authority for any compensation because of such taking and Landlord shall be entitled to receive the entire amount of any award without deduction for any estate or interest of Tenant. In the event the amount of property or the type of estate taken shall not substantially interfere with the reasonable use of the Premises, Landlord shall be entitled to the entire amount of the award without deduction for any estate or interest of Tenant.

If there is no substantial interference or if there is substantial interference, but neither party elects to terminate, Landlord shall promptly proceed to restore the Premises to substantially the same condition as the Premises existed prior to such partial taking, to the extent possible by application of the condemnation proceeds only, and a proportionate allowance shall be made to Tenant for the rent corresponding to the time during which, and to the part of the Premises of which Tenant shall be so deprived on account of such taking and restoration. Nothing contained in this Section shall be deemed to give Landlord any interest in any award made to Tenant for the taking of personal property and fixtures belonging to Tenant. Each party waives the provisions of California Code of Civil Procedure Section 1265.130 allowing either party to petition the Superior Court to terminate this Lease in the event of a partial taking of the premises.

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16 24. Brokers. The parties represent that there are no brokers involved in the negotiation of this Lease or otherwise entitled to a commission or fee in connection with the transactions contemplated in this Lease. Each party hereby indemnifies, defends and holds the other party harmless from all loss, cost and expense (including reasonable attorneys' fees) arising out of a breach of its representation set forth in this Section 24. The provisions of this Section 24 shall survive the termination of the Lease. This Section 24 is for the benefit of Landlord and Tenant only and is not intended to give any third person, including Broker, any right of subrogation or action over or against any party to this Lease.

25. Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Lease, the prevailing party shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of suit.

26.25. Notices. Any notice required or permitted to be given hereunder may be given by personal delivery or by United States certified mail, postage prepaid, addressed to Tenant at the Premises and to Landlord at 455 E. Calaveras Blvd. Milpitas, CA 95035 (Attention: Office of Economic Development), or at such other address as the Landlord shall designate in writing.

27.26. Waiver; Accord and Satisfaction. No delay or omission in the exercise of any right or remedy of Landlord on any default by Tenant shall impair such right or be construed as a waiver.

The receipt and acceptance by Landlord of delinquent rent shall not constitute a waiver of any other default; it shall constitute only a waiver of timely payment for the particular rent payment involved. No payment by Tenant or receipt by Landlord of a lesser amount than the rent payment herein stipulated shall be deemed to be other than on account of the rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such rent or pursue any other remedy provided in this Lease.

28.27. Time is of the Essence. Time is of the essence of this Lease as to the performance of all terms, covenants, and conditions stated herein.

29.28. Successors and Assigns. Except as otherwise provided herein, all of the terms and conditions hereof shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. In the event of any transfer, assignment or other conveyance or transfers of any such title or tenant, Landlord herein named (and in case of any subsequent transfers or conveyances, the then grantor) shall be automatically freed and relieved from and after the date of such transfer. Landlord may transfer its interest in the Premises without the consent of Tenant and such transfer or subsequent transfer shall not be deemed a violation on Landlord's part of any of the terms and conditions of this Lease.

30.29. Titles and Definitions. The titles of paragraphs herein are for identification only. They shall not be considered to be a part of this Lease and shall have no effect upon the construction or interpretation thereof. The words "Landlord" and "Tenant" as used in this Lease shall include both singular, plural, masculine, feminine, and neuter as the context shall require.

31.30. Entire Agreement/Amendment. This Lease contains the entire agreement of the parties and supersedes all prior negotiations, drafts, and other understandings which the parties may have

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17 concerning the subject matter hereof. This Lease may not be modified except by written instrument duly executed by the parties hereto or their successors in interest.

32.31. Choice of Laws; Interpretation. This Lease shall be governed by and construed pursuant to the laws of the State of California. The provisions of this Lease shall be construed in accordance with the fair meaning of the language used and shall not be strictly construed against either party.

33.32. Authority/Consents & Approvals. Each of the persons executing this Lease on behalf of Tenant warrants and represents that Tenant is a duly organized and validly existing entity, that Tenant has full right and authority to enter into this Lease and that the persons signing on behalf of Tenant are authorized to do so and have the power to bind Tenant to this Lease. Tenant shall provide Landlord upon request with evidence reasonably satisfactory to Landlord confirming the foregoing representations. The approval of Landlord, wherever required in this Lease, shall mean the approval of the City Manager.

34.33. No Merger. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, operate as an assignment to it of any or all subleases or subtenancies.

35.34. Recordation. Tenant shall not record this Lease or a short form memorandum hereof without Landlord’s prior written approval.

36.35. No Third Party Benefit. This Lease is a contract between Landlord and Tenant and nothing herein is intended to create any third party benefit.

37.36. Severability. If, for any reason whatsoever, any of the provisions hereof shall be unenforceable or ineffective, all of the other provisions shall be and remain in full force and effect.

IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease on the day and year set forth below.

LANDLORD
Dated: By:

Name: Ned Thomas
Its: City Manager
APPROVED AS TO FORM:

City Attorney
By: ___________________________

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18 Michael Mutalipassi, City Attorney
TENANT:

Pacific West Builders, Inc.

Dated:

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1 EXHIBIT A

MAP OF PREMISES

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1 EXHIBIT B

RULES AND REGULATIONS
[To be Attached]

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EXHIBIT C

REQUIREMENTS FOR ALTERATIONS AND IMPROVEMENTS BY TENANT [Revise Per Deal Terms]
If Landlord shall permit Tenant to construct any initial tenant improvements in the Premises or to have any work performed in the Premises at any time prior to or during the Lease term by a contractor retained by Tenant ("Tenants Work"), then Tenant shall comply with the requirements set forth herein, If Tenant's Work has been properly authorized, Tenant will receive written approval and consent for alterations to the Premises All alterations to the Premises, excepting movable furniture and trade fixtures, shall, at Landlord's option, become a part of the realty and belong to Landlord.

1. SUBMITTAL OF PLANS Prior to commencing any work in the Premises, Tenant shall submit to Landlord for approval its proposed plans for the work Without limiting the foregoing, Tenant shall provide:
(a) A separate scale drawing denoting all proposed construction and/or demolition if necessary;
(b) A separate drawing for each trade proposing structural, electrical, mechanical, civil or landscaping modifications;
(c) Specify all dimensions and complete references to all work be performed in the affected areas;
(d) If adding extra electrical or mechanical equipment, -provide complete operating and maintenance specifications for each item;

2. CHECKLIST With respect to each project, Tenant with a checklist listing the items required to be furnished to Landlord in connection with the proposed work Tenant shall furnish to Landlord prior to, during, or upon completion of Tenants Work, as applicable, each of the items specified in the checklist attached hereto as Attachment I.

3. CONTRACTORS PROVIDING TENANT IMPROVEMENT SERVICES.
(e) The contractor employed by Tenant and any subcontractors shall be (i) duly licensed in the state in which the Premises are located, and (ii) subject to Landlord's prior written approval, which approval shall not be unreasonably withheld If more than one trade is employed on a single job, state law requires the services of a general contractor in addition to contractors for specialty work being performed;
(f) Each contractor shall provide proof of licensing as a general or specialty contractor in accordance with state law Additionally, each contractor shall furnish proof of licensing in the city or municipality in which the construction related activity is to take place;

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(g) Tenant shall use Landlord's subcontractor for mechanical, electrical, plumbing, roofing and roofing consultant Landlord retains the right to approve or disapprove outside contractors prior to commencement of any work;
(h) Tenant and Tenant's contractors shall comply with all Applicable Laws pertaining to the performance of Tenant's Work and the completed improvements and all applicable safety regulations established by Landlord or the general contractor. (i) Prior to commencement of any Work in the Premises, Tenant and Tenant's contractors (and any subcontractors) shall obtain and provide Landlord with certificates evidencing Workers' Compensation, public liability and property damage insurance in amounts and forms and with companies satisfactory to Landlord Each general contractor (and any subcontractor) employed on the Premises shall provide Landlord with a current certificate of insurance in effect for that contractor with a thirty (30) day notice of cancellation or revocation clause Insurance requirements are as follows:
(i) Comprehensive General Liability with a $2,000,000 Combined Single Limit covering the liability of Landlord and contractor for bodily injury and property damage arising as a result of the construction of the improvements and the services performed thereunder Landlord shall be named as an additional insured; (ii) Comprehensive Automobile Liability with a $2,000,000 Combined Single Limit covering Landlord and vehicles used by contractor (and any subcontractor) in connection with the construction of the improvements;
(iii) Workers' Compensation and Employer's Liability as required by law, for employees of the contractor (and any subcontractors) performing work on the Premises. (j) The following requirements shall be incorporated as "Special Conditions" into the contract between Tenant and its contractors and a copy of the contract shall be furnished to Landlord prior to the commencement of Tenant's Work. (i) Prior to start of Tenant's Work, Tenant's contractor shall provide Landlord with a construction schedule in "bar graph" form indicating the completion dates of all phases of Tenant's Work;
(ii) Tenant's contractor shall be responsible for the repair, replacement or clean-up of any damage done by it to other contractors' work which specifically includes access ways to the Premises which may be concurrently used by others; (iii) Tenant's contractor shall accept the Premises prior to starting any trenching operations Any rework of sub-base or compaction required after the contractor's initial acceptance of the Premises shall be done by Tenant's contractor, which shall include the removal from the Project of any excess dirt or debris;
(iv) Tenant's contractor shall contain its storage of materials and its operations "within the Premises and such other space as it may be assigned' by Landlord or Landlord's contractor Should Tenant's contractor be assigned space outside the Premises, it shall

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move to such other space as Landlord or Landlord's contractor shall direct from time to time to avoid interference or delays with other work;
(v) Tenant's contractor shall clean up the construction area and surrounding exterior areas daily All trash, demolition materials and surplus construction materials shall be stored within the Premises and promptly removed from the Premises and disposed of in an approved sanitation site;
(vi) Tenant's contractor shall provide temporary utilities, portable toilet facilities, and potable drinking water as required for its work within the Premises and shall pay to Landlord's contractor the cost of any temporary utilities and facilities provided by contractor at Tenant's contractor's request;
(vii) Tenant's contractor shall notify Landlord or Landlord's project manager of any planned work to be done on weekends or other than normal job hours; (viii) Tenant's contractor or subcontractors shall not post signs on any part of the Premises;
(ix) Tenant shall and shall cause its contractors and subcontractors to:
pay prevailing wages in the construction of Tenant’s Work as those wages are determined pursuant to Labor Code Sections 1720 et seq.; employ apprentices as required by Labor Code Sections 1777.5 et seq.; and comply with the other applicable provisions of Labor Code Sections 1720 et seq., 1725.5, 1771, 1771.1, 1771.4, 1776, 1777.5 et seq., 1810-1815 and the implementing regulations of the Department of Industrial Relations (the “DIR”) for all such Labor Code sections.

4. COSTS Tenant shall promptly pay any and all costs and expenses in connection with or arising out of the performance of Tenant's Work (including the costs of permits therefore) and shall furnish to Landlord evidence of such payment upon request.

5. MECHANIC'S LIENS
(a) Tenant shall not suffer or permit to be enforced against the Premises or any part of the Project any mechanic's, materialman's, contractor's or subcontractor's lien arising out of any work of improvement, however, it may arise
(b) Tenant shall notify Landlord at least ten (10) days prior to the commencement of construction of any Tenant's work and Landlord shall have the right to post and record a notice of non-responsibility in conformity with applicable law Within ten (10) days following completion of Tenant's Work, Tenant shall file a Notice of Completion' and deliver to' Landlord an unconditional release and waiver of lien executed by each contractor, subcontractor and materialman involved in Tenant's Work.
(c) In the event any lien is filed against the Premises or any portion thereof or against Tenant's leasehold interest therein, Tenant shall obtain the release and/or discharge of said lien, within ten (10) days after the filing thereof In the event Tenant fails to do so, Landlord may obtain the release and/or discharge of said lien and Tenant shall Indemnify Landlord for the costs thereof, including reasonable attorneys’ fees, together with interest at the Applicable Interest Rate

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from the date of demand Nothing herein shall prohibit Tenant from contesting the validity of any such asserted claim, provided Tenant has furnished to Landlord a lien release bond freeing the Premises from the effect of the lien claim.

6. INDEMNITY
(a) Tenant shall indemnify, defend (with counsel satisfactory to Landlord) and hold Landlord harmless from and against any and all suits, claims, actions, loss, cost or expense (including claims for workers' compensation, attorney's fees and costs) based on personal injury or property damage, or otherwise (including, without limitation, contract and breach of warranty claims) arising from the performance of Tenant's work Tenant shall repair or replace (or, at Landlord's election, reimburse Landlord for the cost of repairing or replacing) any portion of the Property or item of Landlord's equipment or any of Landlord's real or personal property damaged, lost or destroyed in the performance of Tenant's Work.
a. Tenant shall indemnify, hold harmless and defend (with counsel reasonably selected by the Landlord), to the extent permitted by applicable law, Landlord, its councilmembers, commissioners, officials, employees and agents, against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity (including Tenant, or its contractors or subcontractors) to pay prevailing wages as determined pursuant to Labor Code Sections 1720 et seq., to hire apprentices in accordance with Labor Code Sections 1777.5 et seq., or to comply with the other applicable provisions of Labor Code Sections 1720 et seq., 1725.5, 1771, 1771.1, 1771.4, 1776, 1777.5 et seq., 1810-1815 and the implementing regulations of the DIR in connection with Tenant’s Work.

The provisions of this Section shall survive termination of the Lease.

7. PROPERTY STANDARDS All work shall conform to Landlord's established Property standards and specifications Tenant is required to make these standards part of the construction documents.

8. ROOF PENETRATIONS If improvements penetrate the roof membrane, the penetrations will be sealed per Landlord/IRC roofing specifications and inspected by IRC to maintain roof warranty The cost of inspection and all corrective work shall be borne by Tenant.

Tenant shall use Landlord's original roofing contractor.

9. PROPERTY MODIFICATIONS Work will only be approved within the confines of a given space Tenant will not be allowed to modify Property exterior or-mechanical and electrical service as provided to the Property in common with other tenants.

10. ELECTRICAL WORK All electrical work shall be approved from the unit space electrical panel only Additional service requirements shall be secured only by direction of Landlord Tenant shall use Landlord's original electrical contractor.

11. SCHEDULE OF WORK Tenant may be required to provide a schedule of all work to be performed, subject to Landlord approval All costs to produce such schedule shall be borne solely by Tenant.

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12. CLEAN UP AND DISPOSAL OF CONSTRUCTION DEBRIS Property trash containers are provided for office generated trash only and are not to be used for disposal of construction-related materials and debris Unapproved usage will result in a penalty assessment to the Tenant equal to the cost of an extra pick-up service as provided under the current rate schedule of regular trash removal service.

13. INSPECTION BY LANDLORD Landlord reserves the following rights (i) the right of inspection prior to, during and at completion of all construction and/or demolition, (ii) the right to post and record a notice of non-responsibility in conformity with California law, and (iii) the right to order a total stop to all improvements underway for non-compliance with any of the requirements hereof.

14. GENERAL PROVISIONS
(a) If Landlord has agreed to provide an allowance toward the cost of tenant improvements, Landlord shall retain from such funds an amount determined by Landlord until Tenant has fully complied with the requirements hereof. (b) All materials, work, installations and decorations of any nature whatsoever brought on or installed in the Premises before the commencement of the Term or throughout the Term shall be at Tenant's risk, and neither Landlord nor any party acting on Landlord's behalf shall be responsible for any damage thereto or loss or destruction thereof due to any reason or cause whatsoever.
(c) Nothing contained herein shall make or constitute Tenant as the agent of Landlord.

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ATTACHMENT 1

ITEMS TO BE FURNISHED TO LANDLORD FOR EACH WORK OF IMPROVEMENT

1. Plans of Alterations for Landlord Approval

2. Contractor(s), Address, Telephone Number, Contact Person

3. Copy of Contractor's State and City Business License

4. Copy of Property Permit

5. Copy of Final Inspection and Signed Property Permit Cards

6. Copy of Certificate of Insurance naming City of _____________ as Additional Insured; (Insurance to include Comprehensive General Liability, Comprehensive Auto, Workers' Compensation and Employer's Liability)

7. Signed Unconditional Lien Waiver in Favor of City of ________________

8. Schedule of Work.

9. Copy of Completion of Payment Bond

10. Architect's License and Expiration

11. Tenant and Contractor Agreement

12. Copy of Permit Plans

13. Copy of As-Built

14. Copy of Recorded Notice of Completion

15. Certificate of Occupancy

16. Evidence on Insurance for All Risk/Builder's Risk Insurance to the Amount of Improvements

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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
100-3603 $34,800 100-2940 $34,800
Recommendation: Approve and authorize City Manager to execute a lease agreement with Pacific West Builders, Inc. to lease City owned land at 1700 Sango Court in the amount of $34,800 BACKGROUND:

On March 16, 2022, the City entered into a commercial lease agreement with Nibbi Bros. Inc. for employee parking and 29,000 square feet on the property known as 1700 Sango Court for construction laydown, storage, and staging purposes as well as the use of the surface parking lot for the City-owned property located at 1831-1841 Tarob Court for $7,000 per month. The term of the lease was to be 15 months with an additional three (3) one-month extension options to be executed by the tenant. The tenant executed one monthly option, which expired on July 21, 2023. The total value of the lease agreement was approximately $113,000 for 16 months.

ANALYSIS:

The Letter of Intent to lease 1700 Sango Court is available for review as Attachment 1. The following are the terms of the LOI:
• $2,900 per month
• Twelve (12) month lease beginning at execution date
• Three (3) one-month extensions
• Tenant will pay all expenses of the property to maintain the improvements, insurance, utilities, and any other expenses of the property
• Lease the 1500 square feet of interior office space and 29,000 square feet of asphalt parking lot City staff conducted an analysis of the proposed LOI terms and researched the proposed market value of leasing this property in its current condition. The City conferred with commercial real estate experts in land leasing value. A determination was made that the fair market value to lease the land is between $0.35-$0.45 per square foot. This value would only apply to the open land available for lease, not the office. If staff applied the available space of 29,000 square feet to the low end of that spread, or $.35 per square foot, we’d arrive at a lease value of $10,150 per month. This doesn’t factor in the enclosed storage space, which carries a cost of $1 per square foot. Including the 1,500 square feet of interior office space, the total market value of a potential lease would be $11,650.

On September 13, 2023, City staff and key personnel from the Pacific West Builders, Inc., met at the site for a site tour.

Upon viewing the site, the personnel acknowledged they are prepared to proceed with the lease, pending the finalizing of terms.

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In consideration for Council is the staff time already spent and that would be required to initiate a lease with the Pacific West Builders, Inc. Staff estimates that the cost to the City would be approximately $10,000 in staff time from our initial engagement through the full administration of the lease, across all city departments that would be impacted.

As staff noted above, the market value of the contract is $11,000 per month. However, space is being leased in order to facilitate the development of affordable housing in Milpitas. Should Council agree to a reduced market rent of $2,900 per month, in effect Council would be providing a public benefit of $8,100 per month, or $97,200 towards the development of affordable housing.

FISCAL IMPACT:

Should Council approve the recommendations, the City would achieve a positive fiscal impact to the general fund between $34,800 and $43,500, depending on the final length of the lease agreement.

California Environmental Quality Act (CEQA):

The action has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and is not a project pursuant to Pub. Resources Code, § 21065 and Cal. Code Regs., tit. 14, § 15378.

RECOMMENDATION:

1.Approve and Authorize City Manager to execute a lease agreement with Pacific West Builders, Inc. to lease City owned land at 1700 Sango Court in the amount of $34,800.

Attachment(s):

1. Letter of Intent to Lease 1700 Sango Court

2. Draft Commercial Lease Agreement

3. Budget Change Form
Check if City Council Approval required. Meeting: November 7, 2023 Requested by: Department Head: Alex Andrade Date: November 7, 2023 Reviewed by: Finance Director: Lauren Lai Date: November 7, 2023 Approved by: City Manager: Ned Thomas Date: November 7, 2023 Date approved by City Council, if required: Confirmed by:

FI/24786/V Form 30-222 (Rev. 1/92)

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CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Authorize the City Manager to Accept the 2023 Bulletproof Vest Partnership Grant in the Amount of $7,628.91 and Approve a Related Budget Appropriation (Staff Contact: Jared Hernandez, Chief of Police, 408-586-2406) Category: Consent Calendar-Public Safety
Meeting Date: 11/7/2023
Recommendation: Authorize the City Manager to accept the 2023 Bulletproof Vest Partnership Grant in the amount of $7,628.91 and approve a related budget appropriation.

BACKGROUND:

The Bulletproof Vest Partnership (BVP) Grant Act of 1998 is an initiative by the U.S. Department of Justice to provide a critical resource to state and local law enforcement. The BVP program’s purpose is to reimburse state and local law enforcement up to fifty percent of body armor costs. The Milpitas Police Department has been a participant in the BVP Grant Program consecutively since 2008.

The United States Department of Justice, Office of Justice Programs and Bureau of Justice Assistance has awarded the Milpitas Police Department a BVP grant in the amount of $7,628.91. The grant will reimburse the City of Milpitas fifty (50) percent of the cost for each ballistic vest purchased between April 1, 2023, and August 31, 2025.

ANALYSIS:

The Police Officer’s Association Memorandum of Understanding (MOU) section 22.11 compels all uniformed officers to wear a ballistic vest and requires the City of Milpitas to provide each officer with a ballistic vest, and three ballistic vest covers. Officers not in a uniformed assignment, are required to wear a ballistic vest when circumstances dictate the need for the equipment. The life span of a ballistic vest is five years. After a five-year period, all ballistic vests must be replaced as soon as reasonably possible.

The Police Department anticipates purchasing approximately eighteen (18) ballistic vests during this award period and the total expense will be approximately $15,257.82. Under this grant, the Department of Justice will reimburse the City of Milpitas fifty (50) percent of this cost, up to the grant award of $7,628.91.

Ballistic vests have been proven to save lives. The Chief of Police will continue to require officers to maintain this equipment in good working order and use the equipment consistent with the MOU, department policy, and sound officer safety practice.

POLICY ALTERNATIVE(S):

Alternative 1: Refuse the 2023 Bulletproof Vest Partnership Grant of $7,628.91.

Pros: There are no identified benefits to this alternative.

Cons: The City would not be reimbursed for fifty (50) percent of the cost for each ballistic vest purchased by the Police Department through August 31, 2025.

Reason for Not Recommending: The City will incur the cost of bulletproof vests for sworn Police Department employees regardless of acceptance of the grant, therefore; refusal of the grant would result in the City incurring one hundred (100) percent of the cost of the needed bulletproof vests as opposed to fifty (50) percent of the cost.

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FISCAL IMPACT:

If approved, the City will be reimbursed up to $7,628.91 for fifty (50) percent of the cost of the needed bulletproof vests, therefore; a budget appropriation is needed for $7,628.91 into the Police Department’s FY 2023-24 operating budget. There are sufficient funds in the Police Department’s FY 2023-24 operating budget to cover the remainder of the cost for the acquisition of the bulletproof vests. Per the Council approved Budget Guidelines, any unused funds related to this grant will be carried over to the next fiscal year CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

This item is not a project under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b).

RECOMMENDATION:
(1) Authorize the City Manager to accept the 2023 Bulletproof Vest Partnership Grant in the amount of $7,628.91 and approve a related budget appropriation.

ATTACHMENT(S):
(a) 2023 BVP Award List
(b) Budget Change Form

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AK ALASKA $4,802.50
AK ANCHORAGE MUNICIPALITY $5,478.19
AK JUNEAU CITY AND BOROUGH $3,385.80
AK KENAI CITY $1,918.50
AK NORTH SLOPE BOROUGH $6,240.00
AK PALMER CITY $425.00
AK SITKA CITY AND BOROUGH $2,558.00
AK SOLDOTNA CITY $3,250.00
AK WASILLA CITY $2,815.00
Totals for AK(9 Jurisdictions): $30,872.99
AL ALABAMA $693.47
AL ALABASTER CITY $2,448.84
AL ALEXANDER CITY $9,060.00
AL ANNISTON CITY $5,661.00
AL ARAB CITY $2,490.00
AL ASHLAND CITY $4,220.00
AL ASHVILLE TOWN $1,952.00
AL ATHENS CITY $2,125.00
AL AUBURN CITY $16,875.00
AL AUTAUGA COUNTY $4,875.00
AL BAY MINETTE CITY $3,645.00
AL BIRMINGHAM CITY $2,343.92
AL CALERA CITY $4,110.00
AL CENTRE CITY $4,032.25
AL COTTONWOOD TOWN $378.00
AL CULLMAN CITY $7,064.00
AL CULLMAN COUNTY $4,312.50
AL DECATUR CITY $12,375.00
AL DEMOPOLIS CITY $1,370.00
AL ENTERPRISE CITY $6,500.00
AL FAIRFIELD CITY $5,785.50
AL FLORENCE CITY $10,234.43
AL FOLEY CITY $9,997.00
AL GARDENDALE CITY $2,780.00
AL GENEVA CITY $3,200.00
AL GLENCOE CITY $1,455.00
AL GUNTERSVILLE CITY $2,272.50
AL HELENA CITY $3,150.00
AL HOOVER CITY $22,800.00
AL IRONDALE CITY $1,980.90
AL JACKSON CITY $3,707.50
AL JACKSONVILLE CITY $8,319.33
AL JEFFERSON COUNTY $4,913.75
AL LAUDERDALE COUNTY $12,036.00
AL LEE COUNTY $484.40
AL LEEDS CITY $12,120.00
AL LINCOLN CITY $4,675.00
FY 2023 BVP Awards

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AL MADISON CITY $11,125.00
AL MOBILE COUNTY $2,265.46
AL MONTGOMERY COUNTY $346.00
AL MORGAN COUNTY $609.89
AL MOUNTAIN BROOK CITY $2,400.00
AL NEWTON TOWN $1,488.75
AL NORTHPORT CITY $3,795.00
AL OHATCHEE TOWN $2,547.50
AL ONEONTA CITY $13,195.00
AL OPELIKA CITY $5,986.71
AL PELHAM CITY $10,540.00
AL PELL CITY $8,000.00
AL PHENIX CITY $6,196.50
AL PRATTVILLE CITY $9,841.50
AL RAINBOW CITY $3,500.00
AL RIVER FALLS TOWN $1,325.00
AL RUSSELLVILLE CITY $4,859.10
AL SAMSON CITY $3,374.96
AL SARALAND CITY $3,645.00
AL SCOTTSBORO CITY $9,120.00
AL TALLADEGA CITY $12,492.85
AL TALLADEGA COUNTY $7,225.00
AL TALLAPOOSA COUNTY $1,458.00
AL THOMASVILLE CITY $2,635.00
AL TROY CITY $3,645.00
AL TRUSSVILLE CITY $3,795.00
AL VESTAVIA HILLS CITY $10,174.50
AL WETUMPKA CITY $3,280.50
Totals for AL(65 Jurisdictions): $355,309.51
AR ALMA CITY $4,943.05
AR ARKANSAS $16,590.73
AR AUSTIN TOWN $4,475.00
AR BATESVILLE CITY $2,495.84
AR BENTON CITY $13,373.70
AR BENTON COUNTY $3,145.70
AR BENTONVILLE CITY $44,407.00
AR BERRYVILLE CITY $1,018.07
AR BOONE COUNTY $7,889.16
AR CABOT CITY $16,521.50
AR CALHOUN COUNTY $3,769.50
AR CAMMACK VILLAGE CITY $950.00
AR CONWAY CITY $18,529.56
AR CRITTENDEN COUNTY $5,432.91
AR DES ARC CITY $2,750.00
AR EL DORADO CITY $8,494.70
AR FAULKNER COUNTY $410.95
AR FAYETTEVILLE CITY $11,989.80
AR FORREST CITY $8,466.44
AR FORT SMITH CITY $20,950.00

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AR GARLAND COUNTY $746.79
AR GENTRY CITY $2,377.05
AR GRAVETTE CITY $2,219.06
AR GREENLAND CITY $855.75
AR GREENWOOD CITY $1,610.30
AR HEBER SPRINGS CITY $2,505.00
AR HOPE CITY $3,805.32
AR HOT SPRINGS CITY $18,343.52
AR INDEPENDENCE COUNTY $4,319.57
AR JACKSONVILLE CITY $8,940.51
AR JONESBORO CITY $33,693.12
AR LITTLE RIVER COUNTY $6,645.77
AR LOGAN COUNTY $1,740.00
AR LONOKE COUNTY $16,837.93
AR MAGNOLIA CITY $2,575.78
AR MARION CITY $509.91
AR MAUMELLE CITY $8,376.75
AR MENIFEE TOWN $3,018.25
AR MISSISSIPPI COUNTY $5,438.25
AR MOUNTAIN HOME CITY $3,379.15
AR MOUNTAIN VIEW CITY $3,494.26
AR NORTHWEST ARKANSAS REGIONAL AIRPORT AUTHORITY $208.46 AR OZARK CITY $2,163.40
AR PEA RIDGE CITY $2,737.07
AR PINE BLUFF CITY $12,911.00
AR POCAHONTAS CITY $8,913.94
AR POLK COUNTY $492.75
AR POPE COUNTY $16,016.31
AR ROGERS CITY $21,250.00
AR RUSSELVILLE CITY $9,451.50
AR SEARCY CITY $5,292.66
AR SPRINGDALE CITY $20,742.84
AR STAMPS CITY $2,125.00
AR TEXARKANA CITY $16,366.61
AR VAN BUREN CITY $4,517.50
AR WARD CITY $4,495.37
AR WASHINGTON COUNTY $2,878.88
AR WEST MEMPHIS CITY $439.00
AR WYNNE CITY $3,400.00
Totals for AR(59 Jurisdictions): $462,437.94
AZ APACHE JUNCTION CITY $17,007.70
AZ AVONDALE CITY $11,600.00
AZ BISBEE CITY $1,189.49
AZ BULLHEAD CITY $11,218.98
AZ CASA GRANDE CITY $5,404.00
AZ CHINO VALLEY TOWN $3,961.79
AZ CLARKDALE TOWN $1,637.50
AZ CLIFTON TOWN $997.02
AZ COOLIDGE CITY $4,210.85

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AZ DOUGLAS CITY $4,891.73
AZ EL MIRAGE CITY $12,270.93
AZ ELOY CITY $7,491.84
AZ FLAGSTAFF CITY $20,038.36
AZ FLORENCE TOWN $2,949.26
AZ GRAHAM COUNTY $4,513.44
AZ GREENLEE COUNTY $3,160.00
AZ KEARNY TOWN $2,300.00
AZ KINGMAN CITY $9,650.00
AZ LA PAZ COUNTY $9,313.56
AZ MARANA TOWN $17,858.86
AZ MARICOPA CITY $15,303.71
AZ NOGALES CITY $4,393.80
AZ ORO VALLEY TOWN $14,757.56
AZ PAGE CITY $5,813.15
AZ PARKER TOWN $2,140.06
AZ PAYSON TOWN $3,901.50
AZ PINETOP-LAKESIDE TOWN $2,124.83
AZ PRESCOTT CITY $13,430.43
AZ PRESCOTT VALLEY TOWN $6,600.00
AZ SAFFORD CITY $4,281.55
AZ SAHUARITA TOWN $14,080.96
AZ SANTA CRUZ COUNTY $7,236.71
AZ SIERRA VISTA CITY $9,239.50
AZ ST JOHNS CITY $2,353.50
AZ TONTO APACHE TRIBE $5,436.00
AZ WICKENBURG TOWN $3,921.31
AZ WILLCOX CITY $4,469.08
AZ WILLIAMS CITY $3,150.12
AZ YUMA CITY $32,279.68
Totals for AZ(39 Jurisdictions): $306,578.76
CA ALAMEDA CITY $10,491.31
CA ALAMEDA COUNTY $24,974.55
CA ALBANY CITY $6,869.70
CA ALLAN HANCOCK JOINT CMNTY COLLEGE DIST $3,373.95
CA AMADOR COUNTY $13,895.72
CA ANAHEIM CITY $5,638.53
CA ANDERSON CITY $1,948.58
CA ANGELS CITY $887.00
CA ARCADIA CITY $13,059.60
CA ARCATA CITY $7,193.00
CA AUBURN CITY $3,996.00
CA BEAUMONT CITY $3,610.18
CA BELL GARDENS CITY $5,207.24
CA BELMONT CITY $9,059.99
CA BEVERLY HILLS CITY $7,059.78
CA BISHOP CITY $2,175.00
CA BRENTWOOD CITY $13,533.98
CA BUENA PARK CITY $10,191.47

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CA BURLINGAME CITY $11,665.47
CA CALIFORNIA $261,960.41
CA CAMPBELL CITY $8,843.50
CA CAPITOLA CITY $3,437.46
CA CATHEDRAL CITY $5,400.00
CA CERES CITY $5,224.49
CA CHINO CITY $16,809.78
CA CHOWCHILLA CITY $2,610.00
CA CHULA VISTA CITY $4,422.96
CA CITRUS HEIGHTS CITY $9,455.50
CA CLAREMONT CITY $5,617.76
CA CLAYTON CITY $2,522.02
CA COALINGA CITY $2,875.00
CA COLTON CITY $4,279.10
CA COLUSA COUNTY $2,097.41
CA CORONA CITY $1,856.07
CA CORONADO CITY $6,392.86
CA COSTA MESA CITY $1,492.40
CA COVINA CITY $3,468.57
CA CULVER CITY $16,173.01
CA CYPRESS CITY $6,066.54
CA DAVIS CITY $21,359.00
CA DEL NORTE COUNTY $13,574.25
CA DEL REY OAKS CITY $5,816.01
CA DELANO CITY $20,648.55
CA DESERT HOT SPRINGS CITY $2,001.83
CA DINUBA CITY $8,372.66
CA DIXON CITY $1,783.83
CA DOWNEY CITY $1,430.44
CA DUBLIN CITY $5,949.00
CA EAST BAY REGIONAL PARK DIST $420.38
CA EMERYVILLE CITY $6,375.00
CA ESCALON CITY $5,257.00
CA EUREKA CITY $5,863.52
CA EXETER CITY $5,359.04
CA FAIRFIELD CITY $846.20
CA FARMERSVILLE CITY $2,315.93
CA FOLSOM CITY $11,305.84
CA FORT BRAGG CITY $1,686.61
CA FORTUNA CITY $5,714.75
CA FOSTER CITY $5,141.67
CA FOUNTAIN VALLEY CITY $4,410.00
CA FRESNO COUNTY $13,008.65
CA FRESNO INTERNATIONAL AIRPORT DEPARTMENT OF PUBLIC SAFETY $6,512.50 CA GARDENA CITY $3,607.58
CA GLENDORA CITY $9,585.95
CA GREENFIELD CITY $3,994.00
CA GROVER BEACH CITY $8,224.34
CA HAYWARD CITY $2,408.44

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CA HEMET CITY $12,299.63
CA HERCULES CITY $3,000.00
CA HERMOSA BEACH CITY $3,990.00
CA HOLLISTER CITY $7,080.00
CA HUMBOLDT COUNTY $2,460.91
CA HUNTINGTON PARK CITY $6,561.12
CA INDIO CITY $11,882.00
CA INGLEWOOD CITY $2,732.40
CA IRWINDALE CITY $4,800.76
CA JACKSON CITY $1,448.00
CA KERMAN CITY $4,032.00
CA KERN COUNTY $19,181.42
CA KING CITY $4,250.00
CA KINGSBURG CITY $8,278.43
CA LA HABRA CITY $4,350.00
CA LA MESA CITY $5,500.00
CA LAGUNA BEACH CITY $7,396.35
CA LAKEPORT CITY $2,775.85
CA LARKSPUR CITY $5,185.00
CA LEMOORE CITY $6,557.69
CA LIVERMORE CITY $16,193.36
CA LODI CITY $13,355.00
CA LOMPOC CITY $7,120.41
CA LOS ALTOS CITY $2,096.89
CA LOS ANGELES CITY $32,271.05
CA LOS ANGELES UNIF SCH DIST $7,365.50
CA LOS BANOS CITY $6,301.57
CA LOS GATOS TOWN $6,402.56
CA MADERA COUNTY $1,522.31
CA MANHATTAN BEACH CITY $9,460.80
CA MANTECA CITY $11,622.25
CA MARINA CITY $1,598.00
CA MENDOCINO COUNTY $23,053.14
CA MENIFEE CITY $922.82
CA MERCED CITY $8,036.98
CA MERCED COUNTY $9,723.31
CA MILPITAS CITY $7,628.91
CA MONO COUNTY $8,052.47
CA MONROVIA CITY $7,898.46
CA MONTCLAIR CITY $5,695.82
CA MONTEREY CITY $5,494.61
CA MONTEREY PARK CITY $2,941.48
CA MORGAN HILL CITY $10,539.21
CA MOUNTAIN VIEW CITY $9,074.28
CA MURRIETA CITY $1,095.64
CA NAPA CITY $16,992.86
CA NEVADA COUNTY $927.67
CA NEWARK CITY $6,007.13
CA NEWMAN CITY $3,243.52

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CA NEWPORT BEACH CITY $22,088.80
CA NOVATO CITY $4,215.84
CA ONTARIO CITY $1,213.88
CA ORANGE CITY $1,669.89
CA OROVILLE CITY $6,257.31
CA PACIFIC GROVE CITY $3,299.53
CA PALO ALTO CITY $5,546.52
CA PARADISE TOWN $1,911.38
CA PARLIER CITY $3,550.00
CA PETALUMA CITY $5,165.00
CA PIEDMONT CITY $2,460.00
CA PLACENTIA CITY $7,878.06
CA PLACERVILLE CITY $2,543.06
CA PLEASANT HILL CITY $5,075.00
CA POMONA CITY $1,072.65
CA PORTERVILLE CITY $8,729.77
CA RED BLUFF CITY $6,712.25
CA REDDING CITY $10,622.10
CA REDLANDS CITY $12,403.50
CA RIO DELL CITY $2,112.00
CA RIVERSIDE CITY $3,600.17
CA ROHNERT PARK CITY $5,803.35
CA SAN FRANCISCO BAY AREA RAPID TRANSIT DIST $1,412.00
CA SAN FRANCISCO CITY AND COUNTY $31,611.67
CA SAN GABRIEL CITY $8,554.40
CA SAN JOAQUIN COUNTY $9,408.81
CA SAN JOSE CITY $26,960.76
CA SAN LUIS OBISPO CITY $11,415.59
CA SAN MARINO CITY $2,779.45
CA SAN MATEO CITY $1,371.04
CA SAN RAFAEL CITY $3,037.45
CA SAN RAMON CITY $11,135.63
CA SAND CITY $601.42
CA SANGER CITY $4,217.93
CA SANTA BARBARA CITY $34,136.63
CA SANTA CLARA CITY $484.12
CA SANTA CLARA COUNTY $30,439.57
CA SANTA CRUZ COUNTY $1,312.33
CA SANTA FE SPRINGS CITY $1,700.00
CA SANTA MARIA CITY $98.91
CA SAUSALITO CITY $1,443.66
CA SCOTTS VALLEY CITY $3,680.28
CA SEAL BEACH CITY $6,729.49
CA SEASIDE CITY $2,400.00
CA SHASTA COUNTY $441.73
CA SIMI VALLEY CITY $685.83
CA SISKIYOU COUNTY $13,838.00
CA SOUTH GATE CITY $9,314.99
CA SOUTH SAN FRANCISCO CITY $9,465.62

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CA STALLION SPRINGS CMTY SERV DT $2,728.00
CA STATE CENTER CMNTY COLLEGE DIST $501.64
CA STOCKTON CITY $2,748.79
CA SUISUN CITY $1,721.50
CA SUSANVILLE CITY $2,414.75
CA SUTTER COUNTY $1,093.51
CA TORRANCE CITY $2,218.65
CA TRACY CITY $22,223.50
CA TRINITY COUNTY $6,025.00
CA TRUCKEE TOWN $5,619.64
CA TULARE CITY $2,568.70
CA TUOLUMNE COUNTY $9,238.92
CA TUSTIN CITY $29,235.61
CA TWIN RIVERS DISTRICT $1,010.07
CA UNION CITY $10,483.05
CA UPLAND CITY $17,418.35
CA VACAVILLE CITY $2,056.06
CA VENTURA COUNTY $7,158.50
CA WATSONVILLE CITY $9,353.23
CA WEST SACRAMENTO CITY $11,045.38
CA WESTMINSTER CITY $15,386.05
CA WHITTIER CITY $10,525.13
CA WILLIAMS CITY $2,741.47
CA WOODLAKE CITY $1,975.99
CA WOODLAND CITY $1,679.97
CA YOLO COUNTY $472.22
CA YREKA CITY $3,596.00
CA YUBA COUNTY $17,907.12
CA YUROK TRIBE $1,283.50
Totals for CA(194 Jurisdictions): $1,630,246.10
CO ARAPAHOE COUNTY $10,489.12
CO ARVADA CITY $2,006.70
CO AVON TOWN $7,217.20
CO BASALT TOWN $923.52
CO BRECKENRIDGE TOWN $3,200.00
CO BROOMFIELD CITY $11,365.20
CO CANON CITY CITY $2,531.88
CO CASTLE ROCK TOWN $11,250.00
CO CHAFFEE COUNTY $17,587.50
CO CLEAR CREEK COUNTY $10,552.50
CO COLORADO $319.84
CO COMMERCE CITY $57,750.00
CO CORTEZ CITY $3,024.00
CO CRESTED BUTTE CITY $937.00
CO CRIPPLE CREEK CITY $1,900.00
CO CUSTER COUNTY $5,950.00
CO EAGLE TOWN $2,927.50
CO ELBERT COUNTY $9,450.00
CO EMPIRE TOWN $1,642.50

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CO ENGLEWOOD CITY $11,446.38
CO ESTES PARK TOWN $3,400.00
CO FIRESTONE TOWN $4,080.00
CO FORT LUPTON CITY $5,715.00
CO FORT MORGAN CITY $3,568.50
CO FOUNTAIN CITY $7,301.00
CO FRISCO TOWN $1,487.00
CO GLENWOOD SPRINGS CITY $2,550.00
CO GOLDEN CITY $4,306.77
CO GRAND COUNTY $4,910.50
CO GRAND JUNCTION CITY $15,725.00
CO GREELEY CITY $230.20
CO GREENWOOD VILLAGE CITY $10,100.00
CO GUNNISON CITY $2,800.00
CO GUNNISON COUNTY $2,687.50
CO HINSDALE COUNTY $592.50
CO JOHNSTOWN TOWN $4,790.00
CO LEADVILLE CITY $537.50
CO LINCOLN COUNTY $2,105.22
CO LITTLETON CITY $6,250.00
CO LOGAN COUNTY $3,640.00
CO LONE TREE CITY $16,150.00
CO MANITOU SPRINGS CITY $1,048.50
CO MEAD TOWN $3,025.00
CO MEEKER TOWN $537.50
CO MILLIKEN TOWN $2,308.61
CO MOFFAT COUNTY $9,385.00
CO MONTE VISTA CITY $2,850.00
CO MONTEZUMA COUNTY $5,925.00
CO MONTROSE CITY $4,534.00
CO NEW CASTLE TOWN $463.05
CO NORTHGLENN CITY $11,032.07
CO OAK CREEK TOWN $425.00
CO PARACHUTE TOWN $1,734.41
CO PUEBLO CITY $1,139.09
CO ROCKY FORD CITY $2,654.00
CO STEAMBOAT SPRINGS CITY $3,804.50
CO STERLING CITY $838.50
CO SUMMIT COUNTY $23,202.27
CO TELLER COUNTY $12,000.00
CO TELLURIDE TOWN $2,150.00
CO TIMNATH TOWN $5,715.00
CO TRINIDAD CITY $2,660.00
CO WHEAT RIDGE CITY $6,375.00
CO WRAY CITY $1,579.50
CO YUMA CITY $1,443.44
Totals for CO(65 Jurisdictions): $382,226.97
CT BEACON FALLS TOWN $2,452.50
CT BETHEL TOWN $3,560.00

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CT BLOOMFIELD CITY $4,250.00
CT BRISTOL CITY $24,786.00
CT CANTON TOWN $4,375.00
CT COVENTRY TOWN $2,925.00
CT CROMWELL TOWN $8,500.00
CT DARIEN TOWN $13,029.50
CT DERBY CITY $2,250.00
CT EAST HAMPTON TOWN $2,478.00
CT EAST HAVEN TOWN $11,340.00
CT EAST LYME TOWN $4,350.00
CT EASTON TOWN $2,975.00
CT ENFIELD TOWN $9,350.00
CT FARMINGTON TOWN $7,953.00
CT GLASTONBURY TOWN $6,470.00
CT GRANBY TOWN $429.00
CT GREENWICH TOWN $14,465.00
CT GROTON CITY $3,165.00
CT GROTON TOWN $7,875.00
CT GUILFORD TOWN $4,375.00
CT HAMDEN TOWN $12,000.00
CT MADISON TOWN $2,943.00
CT MANCHESTER TOWN $13,609.38
CT MERIDEN CITY $12,750.00
CT MIDDLETOWN CITY $40,313.50
CT MILFORD CITY $14,704.00
CT MONROE TOWN $1,552.50
CT NAUGATUCK BOROUGH $8,829.00
CT NEW BRITAIN CITY $14,875.00
CT NORTH BRANFORD TOWN $3,840.00
CT NORWALK CITY $6,375.00
CT NORWICH CITY $5,607.50
CT ORANGE TOWN $13,230.00
CT PLAINVILLE TOWN $825.00
CT PLYMOUTH TOWN $6,825.00
CT PROSPECT TOWN $1,525.00
CT RIDGEFIELD TOWN $3,412.50
CT SIMSBURY TOWN $4,155.00
CT STRATFORD TOWN $13,499.50
CT SUFFIELD TOWN $4,455.50
CT TORRINGTON CITY $21,385.00
CT TRUMBULL TOWN $9,600.00
CT VERNON TOWN $9,112.50
CT WATERTOWN TOWN $4,250.00
CT WEST HARTFORD TOWN $17,500.00
CT WEST HAVEN CITY $15,720.00
CT WESTPORT TOWN $9,810.00
CT WETHERSFIELD TOWN $10,921.20
CT WILTON TOWN $5,355.00
CT WINDHAM TOWN $3,051.00

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CT WINDSOR LOCKS TOWN $3,400.00
CT WINDSOR TOWN $9,100.00
Totals for CT(53 Jurisdictions): $445,884.08
DC WASHINGTON D C CITY $13,716.54
Totals for DC(1 Jurisdictions): $13,716.54
DE BETHANY BEACH TOWN $4,695.00
DE CHESWOLD TOWN $1,250.00
DE CLAYTON TOWN $3,072.50
DE DELAWARE $16,861.05
DE DELAWARE RIVER AND BAY AUTHORITY $6,084.00
DE ELSMERE TOWN $1,645.00
DE GREENWOOD TOWN $1,087.02
DE LAUREL TOWN $3,900.00
DE MIDDLETOWN TOWN $4,908.00
DE MILFORD CITY $5,976.00
DE MILLSBORO TOWN $2,508.30
DE NEW CASTLE CITY $1,703.46
DE NEW CASTLE COUNTY $5,446.28
DE OCEAN VIEW TOWN $1,842.00
DE SEAFORD CITY $3,074.26
DE SELBYVILLE TOWN $3,532.00
DE SMYRNA TOWN $3,075.00
DE WILMINGTON CITY $35,349.75
Totals for DE(18 Jurisdictions): $106,009.62
FL ALTAMONTE SPRINGS CITY $11,484.00
FL APOPKA CITY $7,680.00
FL ARCADIA CITY $7,000.00
FL ATLANTIC BEACH CITY $9,999.99
FL ATLANTIS CITY $2,006.64
FL AUBURNDALE CITY $9,000.00
FL BAKER COUNTY $9,600.00
FL BELLE ISLE CITY $422.00
FL BELLEAIR TOWN $3,280.00
FL BLOUNTSTOWN CITY $1,782.00
FL BOCA RATON CITY $25,500.00
FL BONIFAY CITY $4,210.00
FL BOYNTON BEACH CITY $6,375.00
FL BRADENTON CITY $14,625.00
FL CALHOUN COUNTY $4,200.00
FL CHIPLEY CITY $1,275.00
FL CLERMONT CITY $12,486.88
FL COCOA BEACH CITY $9,832.00
FL COCOA CITY $12,940.00
FL COCONUT CREEK CITY $15,552.71
FL COLUMBIA COUNTY $4,726.35
FL DAVENPORT CITY $1,620.00
FL DAYTONA BEACH CITY $32,799.23
FL DAYTONA BEACH SHORES CITY $2,110.00
FL DE FUNIAK SPRINGS CITY $5,655.00

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FL DELAND CITY $13,450.50
FL DELRAY BEACH CITY $27,869.28
FL DESOTO COUNTY $1,941.84
FL DUNNELLON CITY $3,520.00
FL EDGEWATER CITY $4,335.00
FL FELLSMERE CITY $1,745.80
FL FLAGLER BEACH CITY $630.18
FL FORT MYERS CITY $16,000.00
FL FORT WALTON BEACH CITY $6,525.00
FL FRUITLAND PARK CITY $4,642.00
FL FT PIERCE CITY $14,450.00
FL GREEN COVE SPRINGS CITY $1,664.96
FL GROVELAND CITY $5,166.50
FL GULF STREAM TOWN $2,412.50
FL GULFPORT CITY $1,688.00
FL HAINES CITY $6,375.00
FL HALLANDALE CITY $29,316.00
FL HAMILTON COUNTY $774.50
FL HARDEE COUNTY $3,600.00
FL HAVANA TOWN $1,823.52
FL HENDRY COUNTY $8,487.50
FL HIGHLAND BEACH TOWN $6,874.42
FL HOWEY IN THE HILLS TOWN $1,972.50
FL INDIALANTIC CITY $1,545.12
FL INDIAN HARBOUR BEACH CITY $2,265.48
FL INDIAN RIVER SHORES CITY $2,830.84
FL INDIAN SHORES TOWN $1,640.00
FL JACKSONVILLE BEACH CITY $11,249.50
FL JUNO BEACH TOWN $3,896.67
FL JUPITER INLET COLONY TOWN $588.25
FL JUPITER ISLAND TOWN $4,010.12
FL JUPITER TOWN $15,192.88
FL KEY WEST CITY $17,633.00
FL KISSIMMEE CITY $12,660.00
FL LADY LAKE TOWN $4,250.00
FL LAKE HAMILTON TOWN $726.45
FL LAKE MARY CITY $11,949.00
FL LARGO CITY $11,550.00
FL LAUDERHILL CITY $23,400.00
FL LIGHTHOUSE POINT CITY $4,133.46
FL LONGWOOD CITY $4,205.00
FL LYNN HAVEN CITY $5,763.70
FL MAITLAND CITY $7,006.19
FL MARGATE CITY $14,074.28
FL MARIANNA CITY $1,138.00
FL MELBOURNE BEACH TOWN $1,575.45
FL MELBOURNE CITY $29,610.00
FL MIAMI SHORES CITY $17,097.24
FL MICCOSUKEE TRIBE $6,450.00

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FL MONROE COUNTY $31,432.50
FL NAPLES CITY $8,500.00
FL NASSAU COUNTY $9,590.00
FL NEW PORT RICHEY CITY $9,980.00
FL NEW SMYRNA BEACH CITY $4,235.00
FL NORTH MIAMI BEACH CITY $13,254.15
FL NORTH PALM BEACH VILLAGE $2,550.00
FL NORTH PORT CITY $36,897.00
FL OCALA CITY $30,297.12
FL OCEAN RIDGE TOWN $545.78
FL OKEECHOBEE COUNTY $18,650.50
FL ORANGE CITY $7,790.00
FL ORMOND BEACH CITY $17,869.01
FL PALATKA CITY $4,411.26
FL PALM BEACH GARDENS CITY $28,155.73
FL PALM BEACH TOWN $15,462.00
FL PALM SPRINGS VILLAGE $10,803.00
FL PALMETTO CITY $2,400.00
FL PANAMA CITY $13,440.00
FL PANAMA CITY BEACH CITY $9,936.00
FL PENSACOLA CITY $19,680.00
FL PINECREST VILLAGE $1,890.54
FL PINELLAS PARK CITY $18,687.50
FL PLANT CITY $7,600.50
FL PONCE INLET TOWN $2,138.40
FL PORT ORANGE CITY $18,125.00
FL PUNTA GORDA CITY $5,000.00
FL PUTNAM COUNTY $27,865.35
FL PEMBROKE PARK CITY $1,275.00
FL RIVIERA BEACH CITY $10,876.50
FL ROCKLEDGE CITY $4,035.00
FL SARASOTA CITY $29,741.80
FL SATELLITE BEACH CITY $1,096.47
FL SEBASTIAN CITY $6,872.00
FL SEBRING CITY $4,530.00
FL SEMINOLE TRIBE OF FLORIDA $22,143.65
FL SEWALLS POINT TOWN $1,216.50
FL SPRINGFIELD CITY $2,550.00
FL ST AUGUSTINE CITY $11,050.00
FL ST CLOUD CITY $23,404.08
FL STUART CITY $3,612.50
FL SUNRISE CITY $28,160.50
FL SWEETWATER CITY $980.00
FL TARPON SPRINGS CITY $3,129.81
FL TAVARES CITY $2,826.00
FL TEMPLE TERRACE CITY $4,875.00
FL TITUSVILLE CITY $12,150.00
FL UMATILLA CITY $3,760.00
FL VENICE CITY $6,925.10

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FL VERO BEACH CITY $5,324.76
FL WAKULLA COUNTY $10,508.33
FL WALTON COUNTY $55,080.00
FL WAUCHULA CITY $3,223.32
FL WILDWOOD CITY $2,400.00
FL WILLISTON CITY $4,580.00
FL WILTON MANORS CITY $9,000.00
FL WINDERMERE TOWN $3,150.00
FL WINTER GARDEN CITY $14,000.00
FL WINTER HAVEN CITY $4,975.00
FL WINTER PARK CITY $12,164.46
Totals for FL(134 Jurisdictions): $1,284,669.55
GA ACWORTH CITY $7,862.50
GA ADAIRSVILLE CITY $1,151.50
GA ALBANY CITY $20,250.00
GA ALMA CITY $2,257.50
GA ALPHARETTA CITY $17,000.00
GA AMERICUS CITY $3,525.00
GA ARLINGTON CITY $2,342.99
GA AUSTELL CITY $7,810.00
GA AVONDALE ESTATES CITY $3,661.50
GA BALDWIN CITY $2,203.00
GA BALDWIN COUNTY $9,062.50
GA BANKS COUNTY $8,340.00
GA BERRIEN COUNTY $2,607.50
GA BRANTLEY COUNTY $2,400.00
GA BREMEN CITY $885.00
GA BURKE COUNTY $7,410.00
GA CALHOUN CITY $2,407.50
GA CAMILLA CITY $907.50
GA CANDLER COUNTY $2,135.00
GA CANTON CITY $9,639.60
GA CARTERSVILLE CITY $5,500.48
GA CATOOSA COUNTY $7,500.00
GA CEDARTOWN CITY $2,115.00
GA CHAMBLEE CITY $13,500.00
GA CHATTOOGA COUNTY $2,200.00
GA COLLEGE PARK CITY $14,022.00
GA CONYERS CITY $19,860.00
GA CORNELIA CITY $3,350.00
GA CRISP COUNTY $3,085.30
GA DADE COUNTY $6,000.00
GA DALLAS CITY $10,913.00
GA DALTON CITY $9,332.83
GA DAWSON COUNTY $2,262.50
GA DECATUR COUNTY $4,250.00
GA DORAVILLE CITY $19,780.00
GA DOUGHERTY COUNTY $11,014.75
GA DOUGLAS CITY $8,075.00

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GA DOUGLASVILLE CITY $18,037.50
GA DULUTH CITY $8,800.00
GA DUNWOODY CITY $14,000.00
GA EAST POINT CITY $4,164.00
GA ELLIJAY CITY $2,106.00
GA EMERSON CITY $1,530.00
GA ENIGMA CITY $1,275.00
GA ETON CITY $850.00
GA EUHARLEE CITY $773.12
GA FAIRBURN CITY $6,320.44
GA FAYETTEVILLE CITY $14,522.50
GA FITZGERALD CITY $2,075.00
GA FLOYD COUNTY $14,513.00
GA FORSYTH CITY $6,895.00
GA FORT OGLETHORPE $7,680.00
GA FRANKLIN CITY $2,095.00
GA FRANKLIN COUNTY $3,887.50
GA GARDEN CITY $3,048.47
GA GILMER COUNTY $4,837.50
GA GLENNVILLE CITY $3,847.50
GA GLYNN COUNTY $23,075.00
GA GRANTVILLE CITY $3,447.50
GA GREENVILLE CITY $2,914.50
GA GRIFFIN CITY $9,687.50
GA HAPEVILLE CITY $10,875.00
GA HINESVILLE CITY $9,600.00
GA JESUP CITY $3,255.00
GA JONESBORO CITY $2,700.00
GA KENNESAW CITY $7,946.16
GA LAURENS COUNTY $13,040.00
GA LAVONIA CITY $898.50
GA LIBERTY COUNTY $14,000.00
GA LILBURN CITY $2,337.50
GA LITHONIA CITY $6,600.00
GA LOCUST GROVE CITY $3,865.00
GA LOUISVILLE CITY $5,100.00
GA LUMPKIN COUNTY $10,000.00
GA LYONS CITY $1,049.99
GA MARIETTA CITY $6,800.00
GA MERIWETHER COUNTY $9,800.00
GA METTER CITY $1,620.00
GA MILLEN CITY $4,839.00
GA MONROE COUNTY $5,190.00
GA MORGAN COUNTY $2,210.00
GA MORROW CITY $5,135.00
GA MOULTRIE CITY $8,730.00
GA MURRAY COUNTY $1,155.00
GA MCRAE-HELENA $3,025.00
GA MILTON CITY $4,402.50

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GA NASHVILLE CITY $3,895.00
GA NEWNAN CITY $8,500.00
GA OAKWOOD CITY $7,150.00
GA OCONEE COUNTY $4,410.00
GA PEACH COUNTY $2,472.50
GA PERRY CITY $5,100.00
GA POLK COUNTY $8,300.00
GA ROME CITY $3,739.50
GA ROSWELL CITY $18,000.00
GA SCREVEN COUNTY $8,017.50
GA SMYRNA CITY $10,665.00
GA SNELLVILLE CITY $8,242.50
GA SOCIAL CIRCLE CITY $3,150.00
GA SPALDING COUNTY $18,100.00
GA STATESBORO CITY $10,490.00
GA STEPHENS COUNTY $9,031.00
GA STOCKBRIDGE CITY $11,480.50
GA SUMTER COUNTY $3,212.50
GA TATTNALL COUNTY $7,295.00
GA TEMPLE CITY $2,149.90
GA THOMAS COUNTY $27,637.50
GA THOMASVILLE CITY $2,775.00
GA TIFTON CITY $9,942.00
GA TRENTON CITY $1,798.00
GA TWIN CITY $1,288.00
GA TYBEE ISLAND CITY $5,502.75
GA TYRONE TOWN $1,400.00
GA UNION CITY $11,088.00
GA VALDOSTA CITY $4,600.00
GA VIDALIA CITY $2,995.00
GA VILLA RICA CITY $11,900.48
GA WALKER COUNTY $21,450.00
GA WALTON COUNTY $11,760.00
GA WARE COUNTY $5,675.00
GA WARNER ROBINS CITY $8,300.00
GA WASHINGTON COUNTY $8,981.00
GA WATKINSVILLE CITY $1,830.00
GA WHITE COUNTY $8,260.00
GA WOODSTOCK CITY $16,214.50
GA WRENS CITY $2,550.00
Totals for GA(126 Jurisdictions): $880,523.26
HI KAUAI COUNTY $7,139.00
Totals for HI(1 Jurisdictions): $7,139.00
IA ALBIA CITY $810.00
IA AMES CITY $3,606.45
IA ANKENY CITY $12,416.50
IA BELLE PLAINE CITY $1,526.00
IA BETTENDORF CITY $3,900.00
IA BURLINGTON CITY $1,183.44

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IA CARROLL CITY $804.50
IA CEDAR FALLS CITY $6,269.00
IA CHARLES CITY $1,260.00
IA CLARINDA CITY $1,675.00
IA CLAY COUNTY $534.34
IA CLEAR LAKE CITY $1,914.00
IA CLINTON CITY $3,079.95
IA CLINTON COUNTY $1,514.98
IA CLIVE CITY $3,788.50
IA CORALVILLE CITY $4,541.00
IA COUNCIL BLUFFS CITY $3,200.00
IA DE WITT CITY $757.26
IA DENISON CITY $3,290.00
IA DUBUQUE CITY $23,585.00
IA DUBUQUE COUNTY $5,842.90
IA EVANSDALE CITY $1,365.00
IA FLOYD COUNTY $465.00
IA FOREST CITY $3,299.97
IA FORT DODGE CITY $7,215.00
IA GRINNELL CITY $425.00
IA HAMPTON CITY $1,804.00
IA HENRY COUNTY $3,052.00
IA HOWARD COUNTY $551.50
IA HUXLEY CITY $647.32
IA INDIANOLA CITY $2,100.00
IA IOWA CITY CITY $4,537.50
IA JASPER COUNTY $2,730.00
IA JOHNSTON CITY $6,448.00
IA KEOKUK CITY $2,062.50
IA KNOXVILLE CITY $1,477.50
IA LAKE VIEW CITY $483.34
IA LE MARS CITY $4,510.00
IA LOUISA COUNTY $2,618.00
IA MARION COUNTY $1,216.79
IA MARSHALLTOWN CITY $2,450.00
IA MASON CITY $7,905.64
IA MONONA COUNTY $5,086.80
IA MOUNT VERNON CITY $1,275.00
IA MUSCATINE CITY $3,325.00
IA NEWTON CITY $1,200.00
IA NORTH LIBERTY CITY $2,800.00
IA OSCEOLA COUNTY $830.00
IA OSKALOOSA CITY $1,275.00
IA OTTUMWA CITY $8,400.00
IA PELLA CITY $945.28
IA PLYMOUTH COUNTY $2,125.00
IA POCAHONTAS CITY $3,905.50
IA POLK CITY $1,159.50
IA SHELDON CITY $1,484.26

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IA SIOUX CENTER CITY $4,250.00
IA SIOUX CITY $19,061.88
IA SPENCER CITY $8,500.00
IA STORY COUNTY $3,712.50
IA URBANDALE CITY $9,315.00
IA VAN METER CITY $955.00
IA WARREN COUNTY $6,182.50
IA WATERLOO CITY $13,335.00
IA WEBSTER COUNTY $3,800.00
IA WEST DES MOINES CITY $13,432.50
IA WILLIAMSBURG CITY $930.00
IA WINNEBAGO COUNTY $3,825.00
IA WOODBINE CITY $1,252.50
Totals for IA(68 Jurisdictions): $265,226.10
ID ADAMS COUNTY $2,450.25
ID BANNOCK COUNTY $25,883.76
ID BENEWAH COUNTY $1,059.11
ID BINGHAM COUNTY $25,500.00
ID BLACKFOOT CITY $4,067.81
ID BLAINE COUNTY $1,600.00
ID BONNER COUNTY $6,128.94
ID BUHL CITY $4,025.00
ID CLEARWATER COUNTY $5,664.95
ID COEUR D ALENE CITY $12,713.71
ID FRUITLAND CITY $4,800.00
ID GARDEN CITY $4,790.50
ID GOODING COUNTY $4,025.00
ID HEYBURN CITY $2,655.00
ID HOMEDALE CITY $1,900.00
ID IDAHO COUNTY $3,248.50
ID LATAH COUNTY $4,688.30
ID LEMHI COUNTY $3,212.00
ID LEWISTON CITY $6,763.77
ID MCCALL CITY $1,665.00
ID MOSCOW CITY $7,122.60
ID MOUNTAIN HOME CITY $5,422.50
ID NEZ PERCE COUNTY $3,793.74
ID OWYHEE COUNTY $5,280.00
ID PONDERAY CITY $1,116.18
ID POST FALLS CITY $11,944.38
ID PRESTON CITY $3,825.00
ID RATHDRUM CITY $1,914.60
ID RUPERT CITY $2,136.00
ID SALMON CITY $4,000.00
ID SANDPOINT CITY $4,941.13
ID SHOSHONE COUNTY $5,807.50
ID ST ANTHONY CITY $524.07
ID SUN VALLEY CITY $1,725.00
ID TWIN FALLS CITY $8,095.00

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ID TWIN FALLS COUNTY $11,240.00
ID VALLEY COUNTY $6,320.00
Totals for ID(37 Jurisdictions): $212,049.30
IL ADDISON VILLAGE $6,301.18
IL ALGONQUIN VILLAGE $4,700.00
IL ALTON CITY $4,130.50
IL ANTIOCH VILLAGE $2,462.75
IL ARLINGTON HEIGHTS VILLAGE $9,955.00
IL BARRINGTON HILLS VILLAGE $3,727.00
IL BARTLETT VILLAGE $3,465.00
IL BEDFORD PARK VILLAGE $3,762.50
IL BEECHER VILLAGE $2,409.50
IL BELVIDERE CITY $3,486.75
IL BENSENVILLE VILLAGE $5,477.70
IL BERKELEY VILLAGE $3,000.00
IL BERWYN CITY $8,075.00
IL BLOOMINGDALE VILLAGE $5,082.00
IL BLOOMINGTON CITY $7,946.00
IL BLUE ISLAND CITY $3,650.00
IL BOLINGBROOK VILLAGE $34,775.00
IL BOND COUNTY $5,362.50
IL BOURBONNAIS VILLAGE $3,773.01
IL BROADVIEW VILLAGE $4,250.00
IL BROOKFIELD VILLAGE $8,620.00
IL BUFFALO GROVE VILLAGE $6,981.73
IL BURBANK CITY $6,365.70
IL CARMI CITY $990.00
IL CAROL STREAM VILLAGE $11,447.50
IL CARPENTERSVILLE VILLAGE $5,002.54
IL CARTERVILLE CITY $1,275.00
IL CASEY CITY $1,695.00
IL CASEYVILLE VILLAGE $2,062.50
IL CHAMPAIGN CITY $23,953.50
IL CHARLESTON CITY $3,600.00
IL CHATHAM VILLAGE $2,877.50
IL CHERRY VALLEY VILLAGE $2,840.85
IL CHESTER CITY $450.00
IL CICERO TOWN $13,275.00
IL CLARENDON HILLS VILLAGE $2,975.00
IL CLINTON CITY $1,700.00
IL CLINTON COUNTY $2,272.50
IL COAL VALLEY VILLAGE $1,325.00
IL COLLINSVILLE CITY $3,825.00
IL COUNTRY CLUB HILLS $1,518.00
IL CRAWFORD COUNTY $4,140.00
IL CREST HILL CITY $5,178.75
IL CRETE VILLAGE $4,060.00
IL CREVE COEUR VILLAGE $3,240.00
IL CRYSTAL LAKE CITY $7,897.50

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IL DANVILLE CITY $10,000.00
IL DARIEN CITY $2,407.50
IL DE KALB CITY $8,000.00
IL DE KALB COUNTY $484.59
IL DECATUR CITY $29,800.00
IL DEERFIELD VILLAGE $5,557.50
IL DELAVAN CITY $2,296.52
IL DIXON CITY $507.88
IL DOUGLAS COUNTY $2,778.54
IL DOWNERS GROVE VILLAGE $7,850.00
IL DU PAGE COUNTY $15,040.54
IL EAST DUNDEE VILLAGE $2,640.00
IL EAST MOLINE CITY $3,515.52
IL EAST PEORIA CITY $2,975.00
IL EDWARDSVILLE $5,050.00
IL EFFINGHAM CITY $3,493.50
IL ELBURN VILLAGE $1,330.00
IL ELGIN CITY $2,254.45
IL ELMHURST CITY $9,150.00
IL ELMWOOD PARK VILLAGE $6,772.50
IL EVANSTON CITY $12,000.00
IL FAIRVIEW HEIGHTS CITY $4,500.00
IL FARMINGTON CITY $2,790.00
IL FAYETTE COUNTY $395.00
IL FOREST PARK VILLAGE $4,250.00
IL FOX LAKE VILLAGE $4,675.00
IL FOX RIVER GROVE VILLAGE $2,355.00
IL FRANKFORT VILLAGE $3,305.00
IL FRANKLIN PARK VILLAGE $7,650.00
IL FREEPORT CITY $2,463.80
IL FOREST PRESERVE DISTRICT OF DUPAGE COUNTY $38.99
IL GALESBURG CITY $7,045.00
IL GLEN CARBON VILLAGE $1,680.00
IL GLEN ELLYN VILLAGE $4,075.00
IL GLENDALE HEIGHTS VILLAGE $7,920.00
IL GLENVIEW VILLAGE $7,470.50
IL GRANITE CITY $1,605.00
IL GRANTFORK VILLAGE $798.41
IL GREENE COUNTY $3,021.00
IL GURNEE VILLAGE $4,422.50
IL HANOVER PARK VILLAGE $3,712.50
IL HARVARD CITY $7,369.75
IL HAWTHORNE WOODS VILLAGE $5,090.00
IL HENRY COUNTY $6,493.50
IL HEYWORTH VILLAGE $1,217.50
IL HICKORY HILLS CITY $1,812.50
IL HIGHLAND CITY $2,257.50
IL HIGHLAND PARK CITY $11,518.75
IL HOFFMAN ESTATES VILLAGE $8,775.00

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IL HOMETOWN CITY $1,700.00
IL HOMEWOOD VILLAGE $2,595.00
IL HUNTLEY VILLAGE $1,455.00
IL ILLINOIS $2,065.01
IL INDIAN HEAD PARK VILLAGE $2,150.00
IL IROQUOIS COUNTY $8,071.50
IL ITASCA VILLAGE $4,737.43
IL JOLIET CITY $4,388.82
IL KANKAKEE CITY $5,116.92
IL KENDALL COUNTY $506.42
IL KENILWORTH VILLAGE $880.00
IL KEWANEE CITY $1,104.73
IL KILDEER VILLAGE $1,700.00
IL KNOX COUNTY $4,129.95
IL LA SALLE CITY $4,725.35
IL LAKE BLUFF VILLAGE $1,760.00
IL LAKE COUNTY $1,772.71
IL LAKE IN THE HILLS VILLAGE $2,190.00
IL LAKE VILLA VILLAGE $3,139.50
IL LAKE ZURICH VILLAGE $1,990.00
IL LAKEMOOR VILLAGE $1,787.50
IL LANSING VILLAGE $9,577.50
IL LE ROY CITY $420.00
IL LEE COUNTY $6,780.00
IL LIBERTYVILLE VILLAGE $6,262.50
IL LINCOLN CITY $1,633.85
IL LINCOLNSHIRE VILLAGE $2,225.00
IL LINCOLNWOOD VILLAGE $4,050.00
IL LINDENHURST VILLAGE $3,313.00
IL LISLE VILLAGE $3,255.00
IL LOCKPORT CITY $2,662.50
IL LYONS VILLAGE $8,400.00
IL MACKINAW VILLAGE $2,827.50
IL MACOMB CITY $2,400.00
IL MAHOMET VILLAGE $2,406.00
IL MANTENO VILLAGE $1,608.00
IL MARENGO CITY $1,600.00
IL MARSHALL CITY $1,700.00
IL MARYVILLE VILLAGE $1,600.00
IL MASCOUTAH CITY $2,425.00
IL MASON COUNTY $1,915.00
IL MASSAC COUNTY $6,220.00
IL MATTESON VILLAGE $8,500.00
IL MATTOON CITY $3,767.50
IL MCCOOK VILLAGE $1,698.00
IL MCHENRY CITY $3,520.00
IL MCHENRY CO CONSERVATION DISTRICT $224.26
IL MELROSE PARK VILLAGE $4,250.00
IL MENDOTA CITY $2,460.29

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IL MILLSTADT VILLAGE $850.00
IL MOKENA VILLAGE $4,380.00
IL MOLINE CITY $5,744.25
IL MONTGOMERY COUNTY $7,900.00
IL MONTGOMERY VILLAGE $4,125.00
IL MORRIS CITY $1,958.00
IL MORTON GROVE VILLAGE $17,432.30
IL MORTON VILLAGE $2,512.50
IL MOULTRIE COUNTY $1,671.98
IL MOUNT PROSPECT VILLAGE $5,520.00
IL MOUNT VERNON CITY $5,857.50
IL MOUNT ZION VILLAGE $1,600.01
IL MT. PULASKI CITY $400.00
IL MUNDELEIN VILLAGE $6,600.00
IL MURPHYSBORO CITY $3,003.35
IL NAPERVILLE CITY $949.25
IL NEW LENOX VILLAGE $4,384.00
IL NEWTON CITY $1,054.50
IL NILES VILLAGE $8,145.00
IL NORMAL TOWN $8,855.00
IL NORRIDGE VILLAGE $2,125.00
IL NORTH RIVERSIDE VILLAGE $5,625.00
IL O FALLON CITY $3,400.00
IL OAK BROOK VILLAGE $5,145.00
IL OAK FOREST CITY $2,446.50
IL OAK PARK VILLAGE $3,805.00
IL OGLE COUNTY $6,897.50
IL ORLAND PARK VILLAGE $13,317.00
IL OSWEGO VILLAGE $3,503.50
IL PALATINE VILLAGE $13,167.50
IL PALOS HEIGHTS CITY $2,601.00
IL PALOS HILL CITY $5,100.00
IL PALOS PARK VILLAGE $1,222.50
IL PARK RIDGE CITY $3,620.00
IL PEORIA CITY $5,268.29
IL PEOTONE VILLAGE $3,860.00
IL PERRY COUNTY $945.00
IL PERU CITY $3,600.00
IL PINGREE GROVE VILLAGE $1,871.30
IL PITTSFIELD CITY $2,125.00
IL PRAIRIE GROVE VILLAGE $2,950.00
IL QUINCY CITY $12,972.50
IL RANDOLPH COUNTY $12,330.00
IL RICHLAND COUNTY $2,070.00
IL RIDGWAY VILLAGE $2,550.00
IL RIVER FOREST VILLAGE $1,987.23
IL RIVERSIDE VILLAGE $3,200.00
IL ROCHESTER VILLAGE $800.00
IL ROCK FALLS CITY $2,147.00

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IL ROCK ISLAND CITY $6,300.00
IL ROCKFORD CITY $1,079.77
IL ROCKTON VILLAGE $3,775.50
IL ROLLING MEADOWS CITY $3,400.00
IL ROMEOVILLE VILLAGE $6,000.00
IL ROSCOE VILLAGE $1,403.63
IL ROUND LAKE BEACH VILLAGE $3,336.25
IL ROUND LAKE PARK VILLAGE $3,167.50
IL ROUND LAKE VILLAGE $6,776.00
IL SALEM CITY $821.94
IL SAVANNA CITY $1,503.50
IL SCHAUMBURG VILLAGE $7,190.00
IL SCHILLER PARK VILLAGE $2,403.13
IL SESSER CITY $1,485.00
IL SHELBY COUNTY $3,522.00
IL SHERMAN VILLAGE $367.80
IL SHILOH VILLAGE $1,700.00
IL SHOREWOOD VILLAGE $1,767.50
IL SILVIS CITY $3,516.00
IL SKOKIE VILLAGE $35,657.79
IL SOMONAUK VILLAGE $1,600.00
IL SOUTH HOLLAND VILLAGE $4,657.50
IL ST CLAIR COUNTY $598.98
IL ST.CHARLES CITY $445.70
IL STANFORD VILLAGE $1,158.00
IL STERLING CITY $1,500.00
IL STONINGTON VILLAGE $616.99
IL SWANSEA VILLAGE $2,083.75
IL SYCAMORE CITY $7,830.00
IL TRENTON CITY $2,125.00
IL TROY CITY $4,250.00
IL UNION VILLAGE $712.50
IL UNIVERSITY PARK VILLAGE $4,250.00
IL URBANA CITY $13,052.40
IL VERNON HILLS VILLAGE $4,250.00
IL VILLA PARK VILLAGE $4,200.00
IL VILLAGE OF LAGRANGE PARK $2,412.50
IL WABASH COUNTY $2,257.10
IL WASHINGTON CITY $5,625.00
IL WATSEKA CITY $4,587.83
IL WAUCONDA VILLAGE $3,660.00
IL WAUKEGAN CITY $44,625.00
IL WAYNE VILLAGE $2,524.00
IL WEST CHICAGO CITY $4,272.50
IL WEST DUNDEE VILLAGE $4,613.47
IL WESTERN SPRINGS VILLAGE $1,800.00
IL WESTMONT VILLAGE $4,121.68
IL WHEATON CITY $6,012.50
IL WHEELING VILLAGE $11,440.00

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IL WILMETTE VILLAGE $387.50
IL WINNEBAGO VILLAGE $870.00
IL WINNETKA VILLAGE $3,265.65
IL WINTHROP HARBOR VILLAGE $4,670.00
IL WOOD DALE CITY $4,660.00
IL WOODSTOCK CITY $1,418.63
IL WORTH VILLAGE $4,250.00
IL YORKVILLE CITY $5,855.00
IL ZION CITY $2,245.50
Totals for IL(251 Jurisdictions): $1,161,310.39
IN ADAMS COUNTY $3,115.80
IN ARCADIA TOWN $4,445.00
IN AUBURN CITY $3,485.00
IN AURORA CITY $4,250.00
IN AUSTIN TOWN $976.00
IN AVON TOWN $4,637.50
IN BATESVILLE CITY $1,447.50
IN BERNE CITY $2,955.00
IN BLOOMINGTON CITY $19,125.00
IN BLUFFTON CITY $2,122.50
IN BOONVILLE CITY $3,350.00
IN BREMEN TOWN $850.00
IN BRISTOL TOWN $3,550.00
IN BROWNSBURG TOWN $4,205.00
IN CARROLL COUNTY $10,070.00
IN CARTHAGE TOWN $2,839.75
IN CEDAR LAKE TOWN $3,348.75
IN CICERO TOWN $2,059.50
IN CLAY COUNTY $14,725.34
IN CLINTON COUNTY $6,732.53
IN COLUMBUS CITY $12,957.50
IN CONNERSVILLE CITY $2,125.00
IN CROWN POINT CITY $2,240.00
IN DALEVILLE TOWN $14,025.00
IN DANVILLE TOWN $3,000.00
IN DECATUR CITY $3,000.00
IN DYER TOWN $5,198.00
IN EDGEWOOD TOWN $1,987.50
IN ELKHART CITY $18,462.50
IN FERDINAND TOWN $500.00
IN FORTVILLE TOWN $1,719.96
IN FRANKLIN CITY $14,224.00
IN FRANKLIN COUNTY $3,137.50
IN GREENTOWN TOWN $1,137.50
IN GREENWOOD CITY $9,937.50
IN GRIFFITH TOWN $3,825.00
IN HARRISON COUNTY $6,362.50
IN HEBRON TOWN $4,250.00
IN HENRY COUNTY $17,687.50

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IN HIGHLAND TOWN $7,225.00
IN HOBART CITY $28,800.00
IN HUNTINGTON CITY $5,100.00
IN HUNTINGTON COUNTY $9,375.00
IN JASPER CITY $4,995.00
IN JEFFERSONVILLE CITY $3,885.00
IN JENNINGS COUNTY $11,900.00
IN KENNARD TOWN $596.50
IN KNOX COUNTY $4,930.00
IN KOKOMO CITY $9,562.50
IN KOUTS TOWN $3,900.00
IN LAFAYETTE CITY $2,150.00
IN LAPEL TOWN $2,400.00
IN LAPORTE CITY $4,250.00
IN LAWRENCE CITY $10,625.00
IN LAWRENCE COUNTY $3,189.86
IN LAWRENCEBURG CITY $15,011.00
IN LEBANON CITY $461.20
IN LIGONIER CITY $3,828.00
IN LOWELL TOWN $2,535.00
IN MISHAWAKA CITY $24,907.50
IN MONROVIA TOWN $3,228.50
IN MONTGOMERY COUNTY $5,060.81
IN MOORESVILLE TOWN $1,064.75
IN MORGAN COUNTY $8,217.50
IN MUNCIE CITY $16,757.48
IN MOUNT VERNON CITY $3,400.00
IN NEW HAVEN CITY $5,564.00
IN NEWBURGH TOWN $950.00
IN NEWTON COUNTY $2,346.00
IN NOBLESVILLE CITY $13,200.00
IN NORTH VERNON CITY $3,347.50
IN NORTH WEBSTER TOWN $450.00
IN PENDLETON TOWN $505.00
IN PERU CITY $3,762.50
IN PLYMOUTH CITY $2,800.00
IN PORTAGE CITY $15,981.00
IN PORTLAND CITY $3,075.00
IN POSEY COUNTY $3,375.00
IN PRINCETON CITY $2,420.00
IN ROME CITY TOWN $2,023.50
IN SCHERERVILLE TOWN $1,643.00
IN SCOTTSBURG CITY $2,970.00
IN SEYMOUR CITY $2,027.56
IN SHELBY COUNTY $12,825.00
IN SHERIDAN TOWN $6,510.00
IN SHIPSHEWANA TOWN $6,243.48
IN STEUBEN COUNTY GOVERNMENT $4,975.00
IN TIPTON CITY $837.50

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IN VALPARAISO CITY $11,410.00
IN WARRICK COUNTY $3,907.50
IN WARSAW CITY $4,600.00
IN WAYNE COUNTY $1,150.00
IN WEST LAFAYETTE CITY $5,029.25
IN WESTFIELD TOWN $12,097.50
IN YORKTOWN TOWN $1,625.00
IN ZIONSVILLE TOWN $5,475.85
Totals for IN(96 Jurisdictions): $564,548.87
KS ABILENE CITY $689.00
KS ANDERSON COUNTY $3,327.21
KS ANDOVER CITY $2,712.50
KS ARKANSAS CITY $3,076.50
KS ATCHISON COUNTY $457.50
KS BALDWIN CITY $544.29
KS BELLE PLAINE CITY $2,125.00
KS BONNER SPRINGS CITY $3,040.00
KS CANEY CITY $3,825.00
KS CHEROKEE COUNTY $2,006.47
KS CLOUD COUNTY $5,050.00
KS COFFEYVILLE CITY $8,697.50
KS CONCORDIA CITY $6,780.00
KS COWLEY COUNTY $4,800.00
KS CRAWFORD COUNTY $6,958.00
KS DERBY CITY $12,592.00
KS DOUGLAS COUNTY $1,210.29
KS EL DORADO CITY $2,539.29
KS ELLSWORTH CITY $1,650.00
KS EMPORIA CITY $4,250.00
KS FAIRWAY CITY $850.00
KS FINNEY COUNTY $7,526.60
KS FORT SCOTT CITY $2,077.50
KS FRANKLIN COUNTY $2,535.00
KS GALENA CITY $3,352.15
KS GARDNER CITY $2,988.00
KS GARNETT CITY $2,425.00
KS GIRARD CITY $564.00
KS GOODLAND CITY $1,700.00
KS HASKELL COUNTY $2,719.00
KS HAYSVILLE CITY $1,040.98
KS HUGOTON CITY $2,550.00
KS IOLA CITY $6,160.00
KS JOHNSON COUNTY $2,388.33
KS JUNCTION CITY $4,422.48
KS KANSAS $17,808.89
KS LARNED CITY $1,017.00
KS LAWRENCE CITY $1,021.11
KS LEAVENWORTH CITY $2,500.00
KS LEAVENWORTH COUNTY $33,162.00

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KS LENEXA CITY $26,957.50
KS LIBERAL CITY $3,145.50
KS LINDSBORG CITY $2,275.00
KS LOUISBURG CITY $2,857.50
KS LYON COUNTY $5,257.50
KS MARYSVILLE CITY $1,581.83
KS MCPHERSON CITY $4,812.50
KS MCPHERSON COUNTY $3,625.00
KS MEDICINE LODGE CITY $1,612.50
KS MERRIAM CITY $5,333.11
KS MINNEAPOLIS CITY $1,732.13
KS MISSION CITY $5,100.00
KS NEMAHA COUNTY $4,150.00
KS NORTON CITY $1,275.00
KS OLATHE CITY $1,534.92
KS OSAGE CITY $2,122.50
KS OSAGE COUNTY $3,797.50
KS OVERLAND PARK CITY $6,763.35
KS PRAIRIE VILLAGE CITY $14,830.00
KS PRATT CITY $6,350.00
KS RENO COUNTY $7,234.50
KS RILEY COUNTY $7,207.42
KS ROELAND PARK CITY $1,530.00
KS ROOKS COUNTY $3,420.00
KS ROSE HILL CITY $2,000.00
KS SALINA CITY $13,200.00
KS SALINE COUNTY $21,213.00
KS SCOTT CITY $3,367.50
KS SEDGWICK CITY $1,974.50
KS SHAWNEE CITY $15,307.50
KS SHAWNEE MISSION UNIF SCH DIST 512 $2,241.00
KS SPRING HILL CITY $1,700.00
KS TONGANOXIE CITY $1,705.50
KS WABAUNSEE COUNTY $6,171.00
KS WESTWOOD CITY $3,385.00
KS WINFIELD CITY $4,104.00
Totals for KS(76 Jurisdictions): $376,012.85
KY BOWLING GREEN CITY $27,582.50
KY CAMPBELL COUNTY $4,702.50
KY CAMPBELLSVILLE CITY $1,936.00
KY CHRISTIAN COUNTY $7,410.00
KY COVINGTON CITY $17,000.00
KY DAYTON CITY $1,920.00
KY FLORENCE CITY $5,625.00
KY HENDERSON CITY $4,300.00
KY JEFFERSONTOWN CITY $5,425.00
KY MADISONVILLE CITY $5,950.00
KY MAYSVILLE CITY $1,619.50
KY MIDDLESBOROUGH CITY $5,083.60

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KY OWENSBORO CITY $5,949.23
KY PADUCAH CITY $6,795.00
KY PULASKI COUNTY $24,650.00
KY RADCLIFF CITY $3,725.00
KY RICHMOND CITY $7,200.00
KY SCOTT COUNTY $6,417.50
KY SHELBYVILLE CITY $5,310.00
Totals for KY(19 Jurisdictions): $148,600.83
LA ABBEVILLE CITY $12,338.40
LA ACADIA PARISH $7,387.95
LA ALEXANDRIA CITY $31,875.00
LA ASCENSION PARISH $1,896.11
LA ASSUMPTION PARISH $4,625.00
LA AVOYELLES PARISH $3,400.00
LA BASTROP CITY $1,890.54
LA BEAUREGARD PARISH $6,168.15
LA BOGALUSA CITY $13,600.00
LA BOSSIER PARISH $2,936.72
LA CADDO PARISH $3,230.25
LA DE RIDDER CITY $3,618.27
LA EAST BATON ROUGE PARISH SHERIFF'S OFFICE $8,068.56
LA FRANKLIN CITY $1,345.88
LA GREENWOOD TOWN $1,125.90
LA GRETNA CITY $12,404.63
LA HAMMOND CITY $18,436.25
LA HARAHAN CITY $988.72
LA HAUGHTON TOWN $2,550.00
LA HOUMA CITY $11,378.00
LA KENNER CITY $5,048.76
LA LAFAYETTE CITY $92.64
LA LAFOURCHE PARISH SHERIFF'S OFFICE $22,996.71
LA LAKE CHARLES CITY $25,500.00
LA LEESVILLE CITY $13,015.53
LA LIVINGSTON PARISH $1,944.13
LA LOUISIANA $12,305.55
LA LUTCHER TOWN $350.46
LA LAFAYETTE PARISH SHERIFFS DEPARTMENT $418.74
LA MANY TOWN $5,950.00
LA MARKSVILLE CITY $11,900.00
LA MONROE CITY $15,701.88
LA MOREHOUSE PARISH $945.27
LA MORGAN CITY $3,514.80
LA NATCHITOCHES CITY $5,437.50
LA NEW ORLEANS CITY $14,295.58
LA OLLA TOWN $1,661.60
LA PEARL RIVER TOWN $7,092.00
LA PINEVILLE CITY $8,580.00
LA PLAQUEMINES PARISH $18,275.00
LA POINTE COUPEE PARISH $10,230.00

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LA PONCHATOULA CITY $5,776.53
LA PORT ALLEN CITY $2,095.00
LA RAPIDES PARISH $5,647.99
LA SLIDELL CITY $10,568.40
LA ST BERNARD PARISH $4,875.00
LA ST JOHN THE BAPTIST PARISH SHERIFF'S OFFICE $25,500.00 LA ST LANDRY PARISH SHERIFF DEPARTMENT $17,945.00
LA ST MARTIN PARISH $4,486.25
LA ST MARY PARISH $5,508.36
LA ST TAMMANY PARISH $755.13
LA SULPHUR CITY $4,000.00
LA TANGIPAHOA PARISH $403.43
LA THIBODAUX CITY $7,319.33
LA UNION PARISH $5,550.00
LA VIDALIA TOWN $8,925.00
LA WALKER TOWN $3,132.50
LA WEST FELICIANA PARISH $8,515.00
Totals for LA(58 Jurisdictions): $455,523.40
MA ABINGTON TOWN $1,790.00
MA ACTON TOWN $4,475.00
MA AGAWAM CITY $26,400.00
MA AMESBURY TOWN $3,400.00
MA AMHERST TOWN $14,850.00
MA ANDOVER TOWN $4,763.93
MA ARLINGTON TOWN $10,000.00
MA ATTLEBORO CITY $13,425.00
MA AYER TOWN $8,500.00
MA BARNSTABLE CITY $20,615.00
MA BEDFORD TOWN $4,922.50
MA BELCHERTOWN TOWN $4,800.00
MA BELLINGHAM TOWN $6,712.50
MA BELMONT TOWN $11,900.00
MA BERKLEY TOWN $1,990.00
MA BILLERICA TOWN $10,500.00
MA BOURNE TOWN $13,480.00
MA BOXFORD TOWN $5,817.50
MA BRIDGEWATER TOWN $8,000.00
MA CHARLTON TOWN $3,072.50
MA CHELSEA CITY $10,395.00
MA CHESHIRE TOWN $989.24
MA CHESTERFIELD TOWN $1,700.00
MA CHICOPEE CITY $3,750.00
MA DALTON TOWN $2,125.00
MA DEDHAM TOWN $8,347.50
MA DEERFIELD TOWN $2,105.00
MA DENNIS TOWN $5,775.00
MA DOUGLAS TOWN $7,225.00
MA DRACUT TOWN $3,132.50
MA DUXBURY TOWN $4,417.00

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MA EAST BRIDGEWATER TOWN $1,700.00
MA EAST BROOKFIELD TOWN $1,100.00
MA EAST LONGMEADOW TOWN $2,937.50
MA EASTHAM TOWN $3,591.00
MA EASTON TOWN $2,237.50
MA ESSEX TOWN $5,950.00
MA EVERETT CITY $36,773.87
MA FAIRHAVEN TOWN $7,950.00
MA FALL RIVER CITY $41,125.00
MA FALMOUTH TOWN $5,220.00
MA FITCHBURG CITY $13,946.00
MA FOXBOROUGH TOWN $5,330.85
MA FRANKLIN CITY $9,750.00
MA GARDNER CITY $3,750.60
MA GEORGETOWN TOWN $5,747.50
MA GILL TOWN $361.00
MA GLOUCESTER CITY $9,888.36
MA GRANBY TOWN $2,640.00
MA GREAT BARRINGTON TOWN $2,840.00
MA HAMILTON TOWN $425.00
MA HAMPDEN TOWN $1,716.00
MA HARDWICK TOWN $1,275.00
MA HAVERHILL CITY $19,278.00
MA HINGHAM TOWN $14,450.00
MA HINSDALE TOWN $600.00
MA HOLLISTON TOWN $2,963.60
MA HOPEDALE TOWN $2,083.40
MA HUBBARDSTON TOWN $1,500.00
MA KINGSTON TOWN $2,237.50
MA LANESBOROUGH TOWN $2,550.00
MA LEOMINSTER CITY $17,602.38
MA LEVERETT TOWN $1,657.50
MA LONGMEADOW TOWN $3,857.00
MA LUDLOW TOWN $2,775.00
MA MANSFIELD TOWN $2,237.50
MA MARBLEHEAD TOWN $1,676.82
MA MEDFORD CITY $8,500.00
MA MELROSE CITY $4,027.50
MA MENDON TOWN $1,200.00
MA METHUEN CITY $2,037.00
MA MIDDLETON TOWN $1,149.50
MA MILLIS TOWN $2,315.63
MA MILLVILLE TOWN $2,124.98
MA MILTON TOWN $9,147.50
MA MONSON TOWN $3,950.00
MA NAHANT TOWN $3,645.00
MA NEEDHAM TOWN $7,160.00
MA NEW MARLBOROUGH TOWN $475.00
MA NEWBURY TOWN $417.50

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MA NORFOLK TOWN $2,685.00
MA NORTH ADAMS CITY $11,875.00
MA NORTH ATTLEBOROUGH TOWN $4,027.50
MA NORTH BROOKFIELD TOWN $2,550.00
MA NORTHAMPTON CITY $7,125.00
MA NORTON TOWN $5,345.18
MA NORWOOD TOWN $14,790.00
MA NORTH READING $11,808.68
MA ORLEANS TOWN $4,975.00
MA PALMER TOWN $5,000.00
MA PAXTON TOWN $2,354.10
MA PEMBROKE TOWN $5,800.50
MA PETERSHAM TOWN $5,577.00
MA PLAINVILLE TOWN $13,872.50
MA PLYMOUTH TOWN $11,187.50
MA PROVINCETOWN TOWN $2,237.50
MA RANDOLPH TOWN $9,768.68
MA RAYNHAM TOWN $1,987.50
MA READING TOWN $4,464.35
MA REHOBOTH TOWN $3,132.50
MA REVERE CITY $10,647.00
MA ROCKLAND TOWN $10,740.00
MA RUTLAND TOWN $4,036.50
MA SALEM CITY $7,227.75
MA SANDWICH TOWN $2,425.00
MA SHARON TOWN $5,885.00
MA SHERBORN TOWN $895.00
MA SHREWSBURY TOWN $3,432.28
MA SOUTH HADLEY TOWN $1,950.00
MA SOUTHBOROUGH TOWN $2,837.65
MA SOUTHBRIDGE TOWN $4,400.00
MA SOUTHWICK TOWN $2,578.00
MA STONEHAM TOWN $11,050.00
MA STOUGHTON TOWN $19,035.00
MA STURBRIDGE TOWN $3,300.00
MA TAUNTON CITY $4,922.50
MA TISBURY TOWN $1,790.00
MA TOPSFIELD TOWN $1,790.00
MA TYNGS BOROUGH TOWN $6,246.30
MA UXBRIDGE TOWN $9,775.00
MA WAKEFIELD TOWN $11,035.50
MA WALPOLE TOWN $3,580.00
MA WAREHAM TOWN $2,975.00
MA WARREN TOWN $1,700.00
MA WATERTOWN CITY $9,600.00
MA WAYLAND TOWN $2,870.00
MA WEBSTER TOWN $2,549.97
MA WELLESLEY TOWN $2,685.00
MA WEST BOYLSTON TOWN $1,305.00

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MA WEST SPRINGFIELD TOWN $7,200.00
MA WESTBOROUGH TOWN $4,922.50
MA WESTFIELD CITY $7,200.00
MA WESTFORD TOWN $9,884.00
MA WESTWOOD TOWN $2,685.00
MA WEYMOUTH TOWN $24,165.00
MA WILBRAHAM TOWN $4,605.00
MA WILLIAMSBURG TOWN $1,800.00
MA WILMINGTON TOWN $7,922.88
MA WINDSOR TOWN $850.00
MA WOBURN CITY $1,598.85
MA WORTHINGTON TOWN $625.00
MA WRENTHAM TOWN $4,500.00
MA YARMOUTH TOWN $1,700.00
Totals for MA(143 Jurisdictions): $880,733.83
MD ABERDEEN CITY $7,191.00
MD ALLEGANY COUNTY $10,545.00
MD ANNAPOLIS CITY $3,383.00
MD BERLIN TOWN $3,115.00
MD BRUNSWICK CITY $1,254.50
MD CALVERT COUNTY $18,095.00
MD CAMBRIDGE CITY $14,400.00
MD CAROLINE COUNTY $2,060.00
MD CHESTERTOWN TOWN $2,125.00
MD CHEVY CHASE VILLAGE TOWN $1,137.85
MD CUMBERLAND CITY $6,749.93
MD DELMAR TOWN $2,628.00
MD DORCHESTER COUNTY $7,872.00
MD EASTON TOWN $4,954.00
MD FREDERICK CITY $24,596.00
MD GAITHERSBURG CITY $5,400.00
MD GARRETT COUNTY $900.00
MD HAGERSTOWN CITY $13,600.00
MD HAMPSTEAD TOWN $1,342.50
MD HURLOCK TOWN $2,100.00
MD LANDOVER HILLS TOWN $1,275.00
MD LAUREL CITY $4,350.00
MD MOUNT AIRY TOWN $440.00
MD OCEAN CITY TOWN $16,192.00
MD OCEAN PINES $2,485.50
MD ROCKVILLE CITY $9,016.00
MD SALISBURY CITY $10,075.00
MD SOMERSET COUNTY $14,875.00
MD UPPER MARLBORO TOWN $1,850.00
MD WESTMINSTER CITY $4,355.00
MD WORCESTER COUNTY $11,903.30
Totals for MD(31 Jurisdictions): $210,265.58
ME AROOSTOOK COUNTY $3,489.00
ME AUBURN CITY $11,906.25

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ME BANGOR CITY $7,008.00
ME BAR HARBOR TOWN $2,200.00
ME BATH CITY $2,512.50
ME BERWICK CITY $2,665.00
ME BIDDEFORD CITY $2,550.00
ME BRIDGTON TOWN $1,707.28
ME BRUNSWICK TOWN $2,937.50
ME ELIOT TOWN $2,407.50
ME FALMOUTH TOWN $10,188.75
ME FARMINGTON TOWN $1,106.50
ME FORTFAIRFIELD TOWN $2,050.00
ME FREEPORT TOWN $1,689.06
ME GARDINER CITY $2,256.90
ME KENNEBUNK TOWN $6,375.00
ME KITTERY TOWN $4,946.74
ME KNOX COUNTY $6,857.50
ME LEWISTON CITY $5,250.00
ME LINCOLN COUNTY $10,549.50
ME MOUNT DESERT TOWN $1,100.00
ME MEXICO $3,400.00
ME OGUNQUIT TOWN $1,800.00
ME OLD TOWN CITY $2,500.00
ME ORONO TOWN $1,090.50
ME PISCATAQUIS COUNTY $1,806.79
ME PORTLAND CITY $14,809.00
ME PRESQUE ISLE CITY $4,250.00
ME ROCKLAND CITY $3,065.00
ME RUMFORD TOWN $3,510.50
ME SACO CITY $1,410.00
ME SAGADAHOC COUNTY $3,967.50
ME SCARBOROUGH TOWN $4,647.50
ME SOMERSET COUNTY $6,153.00
ME SOUTH BERWICK TOWN $1,707.54
ME WATERVILLE CITY $4,500.00
ME WELLS TOWN $2,807.38
ME WESTBROOK CITY $4,410.00
ME WILTON TOWN $1,805.00
ME WINDHAM TOWN $4,115.50
ME YARMOUTH TOWN $1,812.50
ME YORK TOWN $2,479.50
Totals for ME(42 Jurisdictions): $167,800.19
MI ALBION CITY $1,490.00
MI ALLEN PARK CITY $5,564.50
MI ALMA CITY $447.50
MI ALPENA CITY $1,135.50
MI ALPENA COUNTY $2,000.00
MI AUBURN HILLS CITY $8,685.00
MI ADRIAN CHARTER TOWNSHIP $2,662.50
MI BARRY COUNTY $6,482.50

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MI BATTLE CREEK CITY $12,790.00
MI BAY CITY $10,596.00
MI BAY COUNTY $469.88
MI BELDING CITY $1,251.00
MI BENZIE COUNTY $1,639.00
MI BERKLEY CITY $7,225.00
MI BERRIEN COUNTY $1,668.06
MI BEVERLY HILLS VILLAGE $1,275.00
MI BIRCH RUN VILLAGE $685.86
MI BIRMINGHAM CITY $12,307.50
MI BLOOMFIELD TOWNSHIP $2,205.00
MI BRIDGMAN CITY $1,250.00
MI BRIGHTON CITY $2,015.00
MI BROWN CITY $1,840.00
MI BROWNSTOWN CHARTER TOWNSHIP $4,800.00
MI CALHOUN COUNTY $768.70
MI CANTON CHARTER TOWNSHIP $10,560.00
MI CAPAC VILLAGE $2,562.50
MI CASS COUNTY $6,265.00
MI CENTER LINE CITY $4,356.00
MI CHARLEVOIX CITY $1,850.00
MI CHARLOTTE CITY $1,934.00
MI CHELSEA CITY $2,975.00
MI CLARE COUNTY $2,695.00
MI CLAWSON CITY $2,337.50
MI CLINTON CHARTER TOWNSHIP $3,725.00
MI CLINTON COUNTY $7,600.00
MI COLUMBIA TOWNSHIP $850.00
MI CROSWELL CITY $2,520.00
MI DEARBORN CITY $2,044.20
MI DELTA COUNTY $6,347.50
MI DEWITT CHARTER TOWNSHIP $3,150.00
MI DICKINSON COUNTY $9,608.00
MI DRYDEN TOWNSHIP $1,757.78
MI DURAND CITY $3,400.00
MI EAST GRAND RAPIDS CITY $1,102.50
MI EAST LANSING CITY $5,175.00
MI EATON COUNTY $533.95
MI EATON RAPIDS CITY $309.50
MI EMMET COUNTY $3,723.50
MI EMMETT CHARTER TOWNSHIP $1,130.02
MI ERIE TOWNSHIP $475.00
MI ESSEXVILLE CITY $3,400.00
MI EVART CITY $1,212.50
MI FARMINGTON CITY $7,212.50
MI FARMINGTON HILLS CITY $6,450.00
MI FLAT ROCK CITY $1,437.50
MI FLINT CITY $44,115.00
MI FRANKLIN VILLAGE $2,037.50

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MI FRUITPORT CHARTER TOWNSHIP $2,436.00
MI GARDEN CITY $2,282.50
MI GERRISH TOWNSHIP $1,155.00
MI GIBRALTAR CITY $3,360.00
MI GLADSTONE CITY $3,752.38
MI GLADWIN CITY $2,785.00
MI GRAND BLANC CHARTER TOWNSHIP $5,370.00
MI GRAND HAVEN CITY $3,020.00
MI GRAND LEDGE CITY $1,225.00
MI GRAND RAPIDS CITY $3,794.60
MI GRAND TRAVERSE COUNTY $4,105.00
MI GRANDVILLE CITY $1,522.50
MI GRAYLING CITY $515.00
MI GREEN OAK TOWNSHIP $4,807.50
MI GREENVILLE CITY $2,205.00
MI GROSSE ILE TOWNSHIP $1,595.00
MI GROSSE POINTE PARK CITY $4,600.00
MI GROSSE POINTE WOODS CITY $3,630.00
MI GUN LAKE TRIBE PUBLIC SAFETY $2,000.00
MI HAMBURG TOWNSHIP $1,687.50
MI HANCOCK CITY $3,027.50
MI HARBOR BEACH CITY $352.50
MI HARBOR SPRINGS CITY $887.50
MI HARTFORD CITY $1,950.00
MI HASTINGS CITY $2,100.00
MI HAZEL PARK CITY $3,957.50
MI HILLSDALE CITY $6,111.00
MI HOLLAND CITY $3,767.50
MI HURON CHARTER TOWNSHIP $10,675.00
MI HURON COUNTY $6,000.00
MI INGHAM COUNTY $1,178.01
MI IONIA COUNTY $13,940.00
MI IOSCO COUNTY $967.50
MI IRONWOOD CITY $1,381.50
MI ISABELLA COUNTY $3,177.00
MI JACKSON CITY $5,200.00
MI JACKSON COUNTY $205.17
MI KALAMAZOO CITY $25,025.00
MI KALKASKA COUNTY $7,574.00
MI KEEGO HARBOR CITY $2,708.00
MI KENTWOOD CITY $8,085.00
MI KEWEENAW COUNTY $3,765.00
MI LAINGSBURG CITY $677.50
MI LANSING CHARTER TOWNSHIP $8,499.98
MI LAPEER COUNTY $5,617.50
MI LEELANAU COUNTY $937.50
MI LENAWEE COUNTY $6,196.00
MI LENNON VILLAGE $614.00
MI LINCOLN PARK CITY $3,060.00

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MI LIVONIA CITY $6,288.75
MI MACKINAW CITY VILLAGE $425.00
MI MADISON CHARTER TOWNSHIP $1,147.50
MI MADISON HEIGHTS CITY $5,490.00
MI MANISTEE COUNTY $2,715.00
MI MANISTIQUE CITY $2,120.00
MI MANTON CITY $1,000.00
MI MARQUETTE COUNTY $3,785.00
MI MARSHALL CITY $850.00
MI MARYSVILLE CITY $2,020.00
MI MASON CITY $1,375.50
MI MASON COUNTY $3,845.50
MI MENOMINEE CITY $2,024.90
MI METAMORA TOWNSHIP $5,600.00
MI MICHIGAN $10,666.57
MI MIDLAND COUNTY $22,537.00
MI MILFORD VILLAGE $3,825.00
MI MISSAUKEE COUNTY $5,775.00
MI MONROE CITY $2,607.50
MI MORENCI CITY $2,866.27
MI MOUNT PLEASANT CITY $4,675.00
MI MUNISING CITY $2,125.00
MI NEW BALTIMORE CITY $1,900.00
MI NEW LOTHROP VILLAGE $2,437.50
MI NEWAYGO CITY $1,600.00
MI NEWAYGO COUNTY $2,910.00
MI NILES CITY $1,920.00
MI NORTHVILLE CITY $1,859.50
MI NORTON SHORES CITY $3,352.50
MI NOVI CITY $6,375.00
MI NORTHVILLE TOWNSHIP $3,275.00
MI OAK PARK CITY $10,125.00
MI OAKLAND COUNTY $8,313.46
MI OSCEOLA COUNTY $9,062.50
MI OTSEGO CITY $2,037.50
MI OWOSSO CITY $1,800.00
MI PAW PAW VILLAGE $377.50
MI PITTSFIELD CHARTER TOWNSHIP $13,507.50
MI PLAINWELL CITY $755.00
MI PLYMOUTH CHARTER TOWNSHIP $4,500.00
MI PLYMOUTH CITY $2,125.00
MI PORT HURON CITY $9,845.00
MI PORTAGE CITY $8,775.00
MI PORTLAND CITY $394.50
MI POKAGON BAND OF POTAWATOMI $7,380.00
MI RICHFIELD TOWNSHIP $2,122.50
MI ROMULUS CITY $6,375.00
MI ROSCOMMON COUNTY $2,565.00
MI ROYAL OAK CITY $5,335.00

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MI SAGINAW CHARTER TOWNSHIP $2,495.00
MI SAGINAW CHIPPEWA INDIAN TRIBE OF MICHIGAN $7,500.00
MI SAGINAW CITY $7,105.50
MI SAGINAW COUNTY $606.33
MI SALINE CITY $357.50
MI SANILAC COUNTY $4,940.00
MI SAULT STE MARIE CITY $2,040.00
MI SHELBY CHARTER TOWNSHIP $8,625.00
MI SHIAWASSEE COUNTY $2,282.50
MI SOUTHFIELD CITY $14,612.50
MI ST CLAIR CITY $1,750.00
MI ST CLAIR SHORES CITY $2,610.00
MI ST JOHNS CITY $799.00
MI ST JOSEPH COUNTY $1,900.00
MI STERLING HEIGHTS CITY $3,337.77
MI STURGIS CITY $2,607.50
MI SUMPTER TOWNSHIP $754.99
MI ST. CLAIR COUNTY $548.19
MI TAYLOR CITY $12,750.00
MI TECUMSEH CITY $727.65
MI THREE RIVERS CITY $4,101.25
MI TRAVERSE CITY $2,125.00
MI TROY CITY $17,280.00
MI TUSCOLA COUNTY $2,400.00
MI UTICA CITY $2,200.00
MI VAN BUREN CHARTER TOWNSHIP $5,425.00
MI VAN BUREN COUNTY $6,667.50
MI WALKER CITY $7,225.00
MI WARREN CITY $1,243.51
MI WATERFORD CHARTER TOWNSHIP $4,890.00
MI WATERVLIET CITY $390.00
MI WAYNE CITY $1,750.00
MI WAYNE COUNTY AIRPORT AUTHORITY $11,955.00
MI WEST BLOOMFIELD CHARTER TOWNSHIP $6,460.00
MI WESTLAND CITY $12,540.00
MI WEXFORD COUNTY $1,910.00
MI WHITE LAKE CHARTER TOWNSHIP $1,630.00
MI WILLIAMSTON CITY $2,107.50
MI WIXOM CITY $7,315.00
MI WOODHAVEN CITY $6,399.92
MI WYOMING CITY $5,215.00
MI ZEELAND CITY $1,820.50
Totals for MI(197 Jurisdictions): $845,779.65
MN AITKIN COUNTY $1,575.00
MN ALBERT LEA CITY $1,800.00
MN ALEXANDRIA CITY $4,462.50
MN ANNANDALE CITY $2,410.50
MN AUSTIN CITY $3,862.25
MN BAXTER CITY $3,665.00

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MN BECKER CITY $2,000.00
MN BELGRADE CITY $648.96
MN BELLE PLAINE CITY $3,907.50
MN BELTRAMI COUNTY $4,000.00
MN BEMIDJI CITY $5,400.00
MN BENTON COUNTY $3,200.00
MN BIG STONE COUNTY $3,861.72
MN BLOOMING PRARIE CITY $883.50
MN BLOOMINGTON CITY $27,807.50
MN BLUE EARTH COUNTY $2,778.00
MN BRAINERD CITY $4,275.00
MN BREEZY POINT CITY $2,110.50
MN BROOKLYN PARK CITY $11,700.26
MN BROWN COUNTY $2,070.00
MN BUFFALO CITY $4,500.00
MN BUFFALO LAKE CITY $865.00
MN BURNSVILLE CITY $3,955.00
MN CAMBRIDGE CITY $2,520.76
MN CANNON FALLS CITY $2,618.97
MN CASS COUNTY $4,995.00
MN CHAMPLIN CITY $3,117.00
MN CHIPPEWA COUNTY $4,452.00
MN CLAY COUNTY $7,864.52
MN CLOQUET CITY $1,856.90
MN COLD SPRING CITY $3,671.40
MN CORCORAN CITY $4,650.00
MN COTTAGE GROVE CITY $5,246.50
MN CROSSLAKE CITY $1,455.00
MN CROW WING COUNTY $8,272.50
MN COUNTY OF COTTONWOOD $1,200.00
MN DETROIT LAKES CITY $2,045.62
MN DOUGLAS COUNTY $5,250.00
MN DULUTH CITY $18,000.00
MN EAST GRAND FORKS CITY $1,897.95
MN EDEN PRAIRIE CITY $9,378.00
MN ELK RIVER CITY $2,110.50
MN FARMINGTON CITY $4,500.00
MN FERGUS FALLS CITY $2,518.30
MN FOREST LAKE CITY $3,900.00
MN FRIDLEY CITY $6,078.50
MN GOODHUE COUNTY $8,800.00
MN GRAND RAPIDS CITY $723.50
MN HERMANTOWN CITY $3,228.71
MN HIBBING CITY $8,317.50
MN HILL CITY $645.00
MN HOPKINS CITY $6,150.00
MN HOUSTON COUNTY $2,176.50
MN HUTCHINSON CITY $2,925.20
MN INDEPENDENCE CITY $2,047.50

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MN ITASCA COUNTY $5,166.00
MN JORDAN CITY $3,085.00
MN KANDIYOHI COUNTY $11,226.50
MN LAKEFIELD CITY $1,086.00
MN LAKEVILLE CITY $2,737.11
MN LE SUEUR CITY $1,845.00
MN LE SUEUR COUNTY $1,152.00
MN LINO LAKES CITY $2,122.50
MN LONG PRAIRIE CITY $1,868.59
MN LYON COUNTY $2,550.00
MN MANKATO CITY $9,783.53
MN MAPLE GROVE CITY $8,478.00
MN MAPLETON CITY $752.22
MN MAPLEWOOD CITY $7,200.00
MN MEEKER COUNTY $535.95
MN MENAHGA CITY $575.37
MN MINNETONKA CITY $8,700.00
MN MOORHEAD CITY $12,060.80
MN NEW BRIGHTON CITY $2,800.00
MN NEW HOPE CITY $3,400.00
MN NEW PRAGUE CITY $3,493.50
MN NICOLLET COUNTY $2,250.00
MN NISSWA CITY $1,332.48
MN NOBLES COUNTY $3,444.00
MN NORTH BRANCH CITY $3,400.00
MN NORTHFIELD CITY $4,725.00
MN ORONO CITY $3,613.00
MN OSSEO CITY $4,305.00
MN OWATONNA CITY $5,100.00
MN PLAINVIEW CITY $4,650.00
MN PLYMOUTH CITY $8,075.00
MN POLK COUNTY $9,080.00
MN PRIOR LAKE CITY $6,048.00
MN RAMSEY CITY $3,915.80
MN RICE CITY $79.64
MN RICHFIELD CITY $9,583.60
MN ROCK COUNTY $3,444.00
MN ROSEMOUNT CITY $4,725.00
MN SARTELL CITY $3,407.55
MN SAUK CENTRE CITY $1,275.00
MN SAUK RAPIDS CITY $4,056.50
MN SAVAGE CITY $10,369.24
MN SHAKOPEE CITY $5,200.00
MN SHERBURNE COUNTY $20,873.50
MN SHOREWOOD CITY $3,075.00
MN SOUTH ST PAUL CITY $10,332.00
MN ST ANTHONY CITY $7,500.00
MN ST CLOUD CITY $15,780.45
MN ST LOUIS PARK CITY $16,605.00

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MN STEELE COUNTY $7,185.00
MN STILLWATER CITY $4,600.00
MN SWIFT COUNTY $2,556.21
MN SAINT PETER $1,747.50
MN THIEF RIVER FALLS CITY $2,325.00
MN VIRGINIA CITY $6,659.50
MN WABASHA COUNTY $3,210.50
MN WADENA CITY $579.50
MN WAITE PARK CITY $2,547.00
MN WASECA CITY $1,499.99
MN WEST ST PAUL CITY $4,440.00
MN WHITE BEAR LAKE CITY $5,597.50
MN WINDOM CITY $1,700.00
MN WINONA COUNTY $5,825.00
MN WOODBURY CITY $9,509.00
MN WORTHINGTON CITY $3,788.40
MN ZUMBROTA CITY $1,550.00
Totals for MN(121 Jurisdictions): $576,534.45
MO ARNOLD CITY $12,325.00
MO ASHLAND CITY $1,265.78
MO AURORA CITY $2,000.00
MO BELLE CITY $1,300.00
MO BELTON CITY $1,515.66
MO BLUE SPRINGS CITY $13,685.00
MO BOONVILLE CITY $4,250.00
MO BOWLING GREEN CITY $2,975.00
MO BRANSON CITY $6,592.50
MO BRANSON WEST CITY $1,675.00
MO BYRNES MILL CITY $2,677.50
MO CALLAWAY COUNTY $6,375.00
MO CAMDENTON CITY $2,250.00
MO CAPE GIRARDEAU CITY $13,920.00
MO CAPE GIRARDEAU COUNTY $8,500.00
MO CARL JUNCTION CITY $1,168.50
MO CENTRALIA CITY $1,812.50
MO CHAFFEE CITY $1,102.50
MO CHESTERFIELD CITY $7,650.00
MO CHILLICOTHE CITY $3,400.00
MO CHRISTIAN COUNTY $19,975.00
MO CLAY COUNTY $3,587.06
MO CLAYTON CITY $3,825.00
MO CLINTON CITY $4,549.10
MO COLE COUNTY $8,500.00
MO CREVE COEUR CITY $10,175.00
MO CRYSTAL CITY $5,405.56
MO DES PERES CITY $4,250.00
MO DEXTER CITY $1,288.80
MO ELLISVILE CITY $5,525.00
MO EUREKA CITY $3,206.48

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MO FULTON CITY $3,502.50
MO GLADSTONE CITY $10,457.51
MO GLENDALE CITY $850.00
MO GRANDVIEW CITY $5,040.00
MO GREENWOOD CITY $3,900.00
MO HANNIBAL CITY $5,578.65
MO HAZELWOOD CITY $4,250.00
MO HENRY COUNTY $11,687.00
MO HIGGINSVILLE CITY $4,173.08
MO HOLLISTER CITY $923.40
MO HOLT COUNTY $3,970.00
MO HOWELL COUNTY $3,376.00
MO JACKSON COUNTY $1,902.14
MO JEFFERSON CITY $3,847.91
MO JEFFERSON COUNTY $1,805.03
MO JOPLIN CITY $8,279.80
MO KANSAS CITY $28,563.70
MO KIMBERLING CITY CITY $999.00
MO KIRKSVILLE CITY $4,230.00
MO KIRKWOOD CITY $5,167.50
MO LAKE OZARK CITY $4,895.00
MO LAKE ST LOUIS CITY $7,920.00
MO LAMAR CITY $1,600.00
MO LEES SUMMIT CITY $1,262.48
MO LIBERTY CITY $10,574.00
MO LIVINGSTON COUNTY $1,810.00
MO MARIONVILLE CITY $1,700.00
MO MARSHALL CITY $3,088.00
MO MARYVILLE CITY $1,692.50
MO MISSOURI $1,582.87
MO MONETT CITY $1,999.64
MO MOUNTAIN GROVE CITY $5,525.00
MO NEOSHO CITY $2,309.97
MO NEVADA CITY $3,059.00
MO NEWTON COUNTY $8,437.50
MO NIXA CITY $11,329.89
MO O FALLON CITY $14,088.38
MO ODESSA CITY $5,384.45
MO OLIVETTE CITY $1,087.50
MO ORONOGO CITY $758.00
MO OSAGE BEACH CITY $1,537.50
MO OVERLAND CITY $5,365.00
MO OZARK CITY $3,361.75
MO PECULIAR CITY $1,700.00
MO PERRY COUNTY $420.63
MO PIEDMONT CITY $2,247.00
MO PIERCE CITY $1,077.50
MO PLATTE CITY $2,550.00
MO PLEASANT HILL CITY $2,075.00

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MO PLEASANT VALLEY CITY $710.28
MO POLK COUNTY $12,325.00
MO POTOSI CITY $6,170.00
MO PULASKI COUNTY $5,445.00
MO RAYMORE CITY $7,793.75
MO RAYTOWN CITY $11,434.03
MO REEDS SPRING SCH DIST R-4 $1,420.00
MO REPUBLIC CITY $2,535.00
MO RICHMOND HEIGHTS CITY $5,100.00
MO RIVERSIDE CITY $5,340.00
MO ROLLA CITY $4,375.00
MO SCOTT COUNTY $7,650.00
MO SEDALIA CITY $6,892.08
MO SHANNON COUNTY $1,318.10
MO SHREWSBURY CITY $3,825.00
MO SIKESTON CITY $6,406.00
MO SMITHVILLE CITY $2,895.00
MO ST ANN CITY $4,650.12
MO ST CHARLES CITY $10,625.00
MO ST CHARLES COUNTY $403.43
MO ST CLAIR COUNTY $1,598.00
MO ST JOSEPH CITY $11,452.00
MO ST PETERS CITY $8,075.00
MO ST ROBERT CITY $6,050.00
MO ST. JOHN P.D. $2,000.00
MO STE GENEVIEVE COUNTY $19,550.00
MO STONE COUNTY $5,720.00
MO TANEY COUNTY $10,634.75
MO TOWN AND COUNTRY CITY $3,400.00
MO TROY CITY $4,400.00
MO UNIVERSITY CITY $5,880.00
MO VERSAILLES CITY $2,839.50
MO VINITA PARK CITY $8,775.00
MO WARRENSBURG CITY $5,941.28
MO WARRENTON CITY $1,700.00
MO WARSON WOODS CITY $2,219.00
MO WASHINGTON CITY $3,384.50
MO WEATHERBY LAKE CITY $1,940.43
MO WEBB CITY $4,612.00
MO WEBSTER COUNTY $2,975.00
MO WEBSTER GROVES CITY $5,100.00
MO WENTZVILLE CITY $4,250.00
MO WEST PLAINS CITY $4,237.99
Totals for MO(123 Jurisdictions): $623,715.96
MS AMORY CITY $2,109.00
MS BATESVILLE CITY $4,000.00
MS BILOXI CITY $16,983.00
MS BOLIVAR COUNTY $13,612.50
MS BRUCE TOWN $6,800.00

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Milpitas City CouncilNovember 7, 2023

Milpitas City Council
November 7, 2023