Milpitas City Council
December 12, 2023

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cost or other damage to the City necessitated by the City securing an alternate performance pursuant to this Article.

B.

Termination for Convenience by the City:

1. The City may terminate performance of the Work called for by the Contract Documents in whole or, from time to time, in part, if the City determines that a termination is in the City's interest.

2. The Contractor shall terminate all or any part of the Work upon delivery to the Contractor of a Notice of Termination specifying that the termination is for the convenience of the City, the extent of termination, and the Effective Date of such termination.

3. After receipt of Notice of Termination, and except as directed by the City's Representative, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this Termination for Convenience clause, immediately proceed with the following obligations:
a. Stop Work as specified in the Notice.
b. Complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents.
c. Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the Contract Document is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety. d. Terminate all subcontracts to the extent that they relate to the portions of the Work terminated.
e. Place no further subcontracts or orders, except as necessary to complete the continued portion of the Contract.
f. Submit to the City's Representative, within ten (10) calendar days from the Effective Date of the Notice of Termination, all of the usual documentation called for by the Contract Documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the Effective Date of the Notice of Termination. Any documentation substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract pursuant to this clause, which costs the contractor is authorized under the Contract documents to incur, shall: (1) be submitted to and received by the Engineer no later than 30 calendar days after the Effective Date of the Notice of Termination; (2) describe the costs incurred with particularity; and (3) be conspicuously identified as “Termination Costs occasioned by the City's Termination for Convenience.”

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4. Termination of the Contract shall not relieve Surety of its obligation for any just claims arising out of or relating to the Work performed.

5. In the event that the City exercises its right to terminate this Contract pursuant to this clause, the City shall pay the Contractor, upon the Contractor's submission of the documentation required by this clause and other applicable provisions of the C
ontract Documents, the following
amounts:
a. All actual reimbursable costs incurred according to the provisions of this Contract.
b. A reasonable allowance for profit on the cost of the Work performed, provided Contractor establishes to the satisfaction of the City's Representative that it is reasonably probable that Contractor would have made a profit had the Contract been completed and provided further, that the profit allowed shall in no event exceed fifteen (15%) percent of the costs.
c. A reasonable allowance for Contractor's administrative costs in determining the amount payable due to termination of the Contract under this Article.

C. Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the City may immediately order Contractor to cease Work on the Project until such safety or liability issues are address
ed to the satisfaction of the City or the
Contract is terminated.

ARTICLE 48 WARRANTY AND GUARANTEE OF WORK
A. Contractor hereby warrants that materials and Work shall be completed in conformance with the Contract Documents and that the materials and Work provided will fulfill the requirements of this Warranty. Contractor hereby agrees to repair or replace, at the discretion of the City, any or all Work that may prove to be defective in its workmanship, materials furnished, methods of installation or fail to conform to the Contract Document requirements together with any other Work which may be damaged or displaced by such defect(s) within a period of one (1) year from the date of the Notice of Completion of the Project without any expense whatever to the City, ordinary wear and tear and unusual abuse and neglect excepted. Contractor shall be required to promptly repair or replace defective equipment or materials, at Contractor’s option. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor.

B. For any Work so corrected, Contractor’s
obligation hereunder to correct defective
Work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected Work. The reinstatement of the one (1) year warranty shall apply only to that portion of work that was corrected.

Contractor shall perform such tests as City may require to verify that any

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corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. In the event of Contractor’s failure to comply with the above-mentioned conditions within ten (10) calendar days after being notified in writing of required repairs, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder immediately upon demand.

C. In addition to the warranty set forth in this Article, Contractor shall obtain for City all warranties that would be given in normal commercial practice and assign to City any and all manufacturer’s or installer’s warranties for equipment or materials not manufactured by Contractor and provided as part of the Work, to the extent that such third-party warranties are assignable and extend beyond the warranty period set forth in this Article. Contractor shall furnish the City with all warranty and guarantee documents prior to final Acceptance of the Project by the City as required.

D. When specifically indicated in the Contract Documents or when directed by the Engineer, the City may furnish materials or products to the Contractor for installation. In the event any act or failure to act by Contractor shall cause a warranty applicable to any materials or products purchased by the City for installation by the Contractor to be voided or reduced, Contractor shall indemnify City from and against any cost, expense, or other liability arising therefrom, and shall be responsible to the City for the cost of any repairs, replacement or other costs that would have been covered by the warranty but for such act or failure to act by Contractor.

E. The Contractor shall remedy at its expense any damage to City-owned or controlled real or personal property.

F. The City shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Contractor shall within ten (10) calendar days after being notified commence and perform with due diligence all necessary Work. If the Contractor fails to promptly remedy any defect, or damage; the City shall have the right to replace, repair or otherwise remedy the defect, or damage at the Contractor’s expense.

G. In the event of any emergency constituting an immediate hazard to health, safety, property, or licensees, when caused by Work of the Contractor not in accordance with the Contract requirements, the City may undertake at Contractor’s expense, and without prior notice, all Work necessary to correct such condition.

H. Acceptance of Defective Work.

1. If, instead of requiring correction or removal and replacement of Defective Work, the City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals

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and all court or arbitration or other dispute resolution costs) attributable to City’s evaluation of and determination to accept such Defective Work and for the diminished value of the Work.

2. If any acceptance of defective work occurs prior to release of the Project Retention, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work and all costs incurred by City.

3. If the Project Retention is held in an escrow account as permitted by the Contract Documents, Contractor will promptly alert the escrow holder, in writing, of the amount of Retention to be paid to City.

4. If the acceptance of Defective Work occurs after release of the Project Retention, an appropriate amount will be paid by Contractor to City.

I. City May Correct Defective Work.

1. If Contractor fails within a reasonable time after written notice from City’s Representative to correct Defective Work, or to remove and replace rejected Work as required by City, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) Days’ written notice to Contractor, correct, or remedy any such deficiency.

2. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, take possession of Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City and City’s Representative, and the agents, employees, other contractors, and consultants of each of them, access to the Site to enable City to exercise the rights and remedies to correct the Defective Work.

3. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by City correcting the Defective Work will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions into the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price.

4. Such claims, costs, losses and damages will include, but not be limited to, all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Defective Work.

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5. If the Change Order is executed after all payments under the Contract have been paid by City and the Project Retention is held in an escrow account as permitted by the Contract
Documents, Contractor will promptly
alert the escrow holder, in writing, of the amount of Retention to be paid to City.

6. If the Change Order is executed after release of the Project Retention, an appropriate amount will be paid by Contractor to City.

7. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to City correcting Defective work.

J. Nothing in the Warranty or in the Contract Documents shall be construed to limit the rights and remedies available to City at law or in equity, including, but not limited to, Code of Civil Procedure section 337.15.

ARTICLE 49 DOCUMENT RETENTION & EXAMINATION
A. In accordance with Government Code section 8546.7, records of both the City and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment.

B. Contractor shall make available to the City any of the Contractor’s other documents related to the Project immediately upon request of the City.

C. In addition to the State Auditor rights above, the City shall have the right to examine and audit all books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (including computations and projections) related to negotiating, pricing, or performing the modification in order to evaluate the accuracy and completeness of the cost or pricing data at no additional cost to the City, for a period of four (4) years after final payment.

ARTICLE 50 SEPARATE CONTRACTS
A. The City reserves the right to let other contracts in connection with this Work or on the Project site. Contractor shall permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and coordinate its Work with theirs.

B. To ensure proper execution of its subsequent Work, Contractor shall immediately inspect work already in place and shall at once report to the Engineer any problems with the Work in place or discrepancies with the Contract Documents.

C. Contractor shall ascertain to its own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by the City in prosecution of the Project to the end that Contractor may perform this Contract in the light of such other contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at site of the Project.

Contractor shall not cause any unnecessary hindrance or delay to any other

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contractor working on the Project. If simultaneous execution of any contract for the Project is likely to cause interference with performance of some other contract or contracts, the Engineer shall decide which Contractor shall cease Work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously. The City shall not be responsible for any damages suffered or for extra costs incurred by Contractor resulting directly or indirectly from award, performance, or attempted performance of any other contract or contracts on the Project site.

ARTICLE 51 NOTICE AND SERVICE THEREOF
All notices shall be in writing and either served by personal delivery or mailed to the other party as designated in the Bid Forms. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless
Contractor designates another address in writing
for service of notice. Notice to City shall be addressed to the City as designated in the Notice Inviting Bids unless City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) calendar days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not
be effective unless acknowledged in writing by the
receiving party.

ARTICLE 52 NOTICE OF THIRD PARTY CLAIMS
Pursuant to Public Contract Code section 9201, the City shall provide the Contractor with timely notification of the receipt of any third-party claims relating to the Contract. The City is entitled to recover reasonable costs incurred in providing such notification.

ARTICLE 53 STATE LICENSE BOARD NOTICE
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

ARTICLE 54 INTEGRATION
A.

Oral Modifications Ineffective.

No oral order, objection, direction, claim or
notice by any party or person shall affect or modify any of the terms or obligations contained in the Contract Documents.

B.

Contract Documents Represent Entire Contract.

The Contract Documents
represent the entire agreement of the City and Contractor.

ARTICLE 55 ASSIGNMENT OF CONTRACT
Contractor shall not assign, transfer, convey, sublet or otherwise dispose of the rights or title of interest of any or all of this contract without the prior written consent of the City. Any assignment or change of Contractor’s name of legal entity without the written consent of the City shall be void. Any assignment of money due or to become due under this Contract shall be

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subject to a prior lien for services rendered or Material supplied for performance of Work called for under the Contract Documents in favor of all persons, firms, or corporations rendering such services or supplying such Materials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Government Code.

ARTICLE 56 CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY Should a change be contemplated in the name or nature of the Contractor’s legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected on the Contract and all related documents. No change of Contractor’s name or nature will affect City’s rights under the Contract, including but not limited to the bonds.

ARTICLE 57 ASSIGNMENT OF ANTITRUST ACTIONS
Pursuant to Public Contract Code section 7103.5, in entering into a public works contract or subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or subcontractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 USC, Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from the purchase of goods, services, or materials pursuant to this contract or any subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the parties.

ARTICLE 58 PROHIBITED INTERESTS
No City official or representative who is authorized in such capacity and on behalf of the City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with
construction of the project, shall be or become
directly or indirectly interested financially in the Contract.

ARTICLE 59 CONTROLLING LAW
Notwithstanding any subcontract or other contract with any subcontractor, supplier, or other person or organization performing any part of the Work, this Contract shall be governed by the law of the State of California excluding any choice of law provisions.

ARTICLE 60 JURISDICTION; VENUE
Contractor and any subcontractor, supplier, or
other person or organization performing any part
of the Work agrees that any action or suits at law or in equity arising out of or related to the bidding, award, or performance of the Work shall be maintained in the Superior Court of Santa Clara County, California, and expressly consent to the jurisdiction of said court, regardless of residence or domicile, and agree that said court shall be a proper venue for any such action.

ARTICLE 61 LAWS AND REGULATIONS
A. Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified. If Contractor observes that drawings and specifications are at variance therewith, it shall

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promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in work. If Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, it shall bear all costs arising therefrom.

B. Contractor shall be responsible for familiarity with the Americans with Disabilities Act (“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with ADA regulations.

ARTICLE 62 PATENTS
Contractor shall hold and save the City, officials, officers, employees, and authorized volunteers harmless from liability of any nature or kind of claim therefrom including costs and expenses for or on account of any patented or unpatented invention, article or appliance manufactured, furnished or used by Contractor in the performance of this contract.

ARTICLE 63 OWNERSHIP OF CONTRACT DOCUMENTS
All Contract Documents furnished by the City are City property. They are not to be used by Contractor or any subcontractor on other work nor shall Contractor claim any right to such documents. With exception of one complete set
of Contract Documents, all documents shall be
returned to the City on request at completion of the Work.

ARTICLE 64 NOTICE OF TAXABLE POSSESSORY INTEREST
In accordance with Revenue and Taxation Code section 107.6, the Contract Documents may create a possessory interest subject to personal property taxation for which Contractor will be responsible.

ARTICLE 65 SURVIVAL OF OBLIGATIONS
All reresentations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as
well as all continuing obligations indicated in the
Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor.

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1.1 Engineer of Record.

A For purposes of this Project, the Engineer of Record or Engineer shall be:

Shalleck Collaborative

1.2 Location of the Project.

A The Project is located at 455 E. Calaveras Blvd, Milpitas, CA 95035.

B The general location of the Project is shown on City Drawing AV Plans Title Page.

1.3 Status of the Project Area and Rights-of-Way.

A City, at its expense, will provide all rights-of-way or permits, or both, covering the crossing of private property and public and private rights-of-way necessary for the permanent Work; provided, however, Contractor shall, at its expense, obtain any bonds or insurance policies or pay any fees and enter into any agreements required by a controlling authority,
e.g.
, Caltrans or Southern Pacific Railroad
Company, before Contractor enters upon any property or right-of-way under the jurisdiction of any such controlling authority for the purpose of performing Work.

B City has acquired or is negotiating to acquire any rights-of-way, or both, necessary for the permanent Work.

C If such permits are required, all operations of Contractor shall conform to the restrictions, regulations, and requirements set forth in said permits, copies of which will be included in the Contract Documents.

D Contractor may be required, as a condition for receiving final payment, to obtain, and provide City’s Representative with copies of, executed damage releases from the owners of public and private property whose property has been damaged by the Work. The damage releases will be on a form provided by City.

E Contractor shall, also, as a condition for receiving final payment, obtain, and provide City’s Representative with copies of, executed damage releases from the owners of certain public and private property or areas which have been crossed by the Work or otherwise affected by the Work. The damage releases will be on a form provided by City.

1.4 Site Data.

A The data provided herein is for the information of Contractor and is subject to all limitations and conditions set forth in the Contract Documents.

B Subsurface Exploration Data. [NOT APPLICABLE]
C Other Site Data. The following data are available for inspection at City’s office:

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1. Plan set for Milpitas City Hall Council Chamber
Copies of these reports, drawings and other materials may be examined at City’s office during regular business hours.

1.5 Pre-Purchased or Pre-Negotiated Material.

NOT USED.

1.6 Designation of City’s Representative.

A Unless otherwise modified by City, City’s Representative shall be Daniel Nam.

1.7 Project Retention
In accordance with Public Contract Code § 7201, City will withhold 5% of each progress payment as retention on the Project.

1.8 Liquidated Damages Due to Contractor Delay.

A Time is of the essence. Should Contractor fail to complete all or any part of the Work within the time specified in the Contract Documents, City will suffer damage, the amount of which is difficult, if not impossible, to ascertain and, pursuant to the authority of Government Code section 53069.85, City shall therefore be entitled to one hundred dollars and zero cents ($100.00) per Day as liquidated damages for each Day or part thereof that actual completion extends beyond the time specified.

B Liquidated damages may be deducted from progress payments due to Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent City, in case of Contractor's default, from terminating the Contractor.

1.9 Utility Outages – Notices to Residents.

A Should Contractor’s operations require interruption of any utility service, Contractor shall notify City at least ten (10) Days prior to the scheduled outage.

Contractor will notify all impacted residents on a form provided by City at least seven (7) Days prior to the scheduled outage.

B Contractor shall be responsible for providing, at its cost, any temporary utility or facilities necessitated by the utility outage.

1.10 Schedule Constraints.

A It is anticipated that the Contractor will be unable to access the site because of pre-existing scheduled City Council meetings on the following dates:
§

Phase #1
: Limited to Discussion System.
§

Phase #1

Schedule Constraints
: Every Tuesday from January 1, 2024
through June 18, 2024.

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§

Phase #2
: All remaining base scope, except Phase #1, excludes Add Alternates
§

Phase #2

Schedule Constraints
: January 1, 2024 through June 18,
2024 and July 4, 2024. Contractor cannot commence work on Phase #2 until July 5, 2024.

B City has considered these Schedule Constraints when determining the Contract Times and no additional time or compensation will be added to the Contract due to these Constraints.

1.11 Safety Programs.

NOT USED.

1.12 Coordination with Other Contractors.

NOT USED.

1.13 Electronic Waste (E-waste).

In compliance with all laws, including the
california electronic waste recycling act,
contractor shall provide at
its cost for the safe and
secure removal, handling,
deconstruction, de-manufacturing, transporta
tion, recycling, and disposal, and all
related reporting and documentati
on, for end-of-life electr
onic equipment that has
been designated by the city’s informa
tion and technology director as
unnecessary or unwanted for retention by t
he city, hereby “electronic waste” or
“e-waste.” Contractor shall warranty and
be responsible for ensuring that such
work is performed in a secure m
anner that prevents the dissemination,
disclosure, retention, or re
covery of any information or data stored on electronic
waste. Contractor shall comp
ly with all city policies, r
equirements, or directions
for electronic waste. Contractor sha
ll provide an electronic waste management
plan as part of its bid.end of special conditions

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01 00 00 – GENERAL REQUIREMENTS
PART 1 GENERAL

1.1 DESCRIPTION
A. Replacement of an outdated audio visual system located in the City’s Council Chamber This upgrade project aims to modernize and enhance the audio and video infrastructure within the city's
council chamber and adjacent overflow
areas. The existing system has become obsolete and unreliable, impacting the City's ability to effectively conduct public meetings. The project also addresses the need for improved hybrid meetings
and automated meeting capabilities.

PART 2 [NOT USED]
PART 3 EXECUTION

3.1 LAYOUT OF WORK AND QUANTITY SURVEYS
A. General. The Contractor shall utilize a properly licensed surveyor to perform all layout surveys required for the control and completion of the Work, and all necessary surveys to compute quantities of Work performed.

City and/or the Engineer of Record has established primary control to be used by the Contractor for establishing lines and grades required for the Work.

Primary control consists of benchmarks and horizontal control points in the vicinity of the Work.A listing and identification of the primary control is provided on the Drawings. Before beginning any layout work or construction activity, the Contractor shall check and verify primary control, and shall advise the City Representative of any discrepancies.

B. Quantity surveys. The Contractor sha
ll perform such surveys and computations
as are necessary to determine quantities of Work performed or placed during each progress payment period, and shall perform all surveys necessary for the City Representative to determine final quantities of Work in place.The City Representative will determine final quantities based upon the survey data provided by the Contractor, and the design lines and grades.If requested by the City Representative, the Contractor sha
ll provide an electronic copy of data
used for quantity computations.

All surveys performed for measurement of final quantities of Work and material shall be subject to approval of City’s Representative. Unless waived by City’s Representative in each specific case, quantity surveys made by the Contractor shall be made in the presence of City’s Representative.

C. Surveying

1. Accuracy. Degree of accuracy shall be an order high enough to satisfy tolerances specified for the Work and the following:

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(a) Right-of-way and alignment of tangents and curves shall be within

0.1 foot.
(b) Structure points shall be set within 0.01 foot, except where operational function of the special features or installation of metalwork and equipment require closer tolerances. When formwork has been placed and is ready for concrete, the Contractor shall check the formwork for conformance with the drawings and to ensure that the forms are sufficiently within the tolerance limits for the completed work.
(c) Cross-section points shall be located within 0.1 foot, horizontally and vertically.
(d) Aerial Mapping shall meet National Mapping Standards for 2- foot contour intervals.

D. Records. Survey data shall be recorded in accordance with recognized professional surveying standards. Original field notes, computations, and other surveying data shall be recorded on electronic data collectors or in standard field books and must be of sufficient quality to enable the Contractor to prepare accurate record drawings as required by the Contract Documents.

E. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required for surveys for the layout of work and quantity surveys shall be included in the Schedule of Pay Items for items of work requiring the surveys. No additional compensation shall be made to the Contractor for this Work.

3.2 SCHEDULE
A. Estimated Schedule. Within 21 Days after the issuance of the Notice of Award, Contractor shall prepare a Project schedule and shall submit this to the Engineer for Approval. The receipt or Approval of any schedules by the Engineer or the City shall not in any way relieve the Contractor of its obligations under the Contract Documents. The Contractor is fully responsible to determine and provide for any and all staffing and resources at levels which allow for good quality and timely completion of the Project. Contractor’s failure to incorporate all elements of Work required for the performance of the Contract or any inaccuracy in the schedule shall not excuse the Contractor from performing all Work required for a completed Project within the specified Contract time period. If the required schedule is not received by the time the first payment under the Contract is due, Contractor shall not be paid until the schedule is received, reviewed and accepted by the Engineer.

B. Schedule Contents. The schedule shall indicate the beginning and completion dates of all phases of construction; critic
al path for all critical, sequential time
related activities; and “float time” for all “slack” or “gaps” in the non-critical activities. The schedule shall clearly identify all staffing and other resources which in the Contractor’s judgment are needed to complete the Project within the

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time specified for completion. The overall Project Schedule duration shall be within the Contract time.

C. Weather Allowance. The schedule shall allow adequate time for inclement weather.

D. Schedule Updates. Contractor shall continuously update its construction schedule. Contractor shall submit an updated and accurate construction schedule to the Engineer monthly when requested to do so by Engineer.

Contractor shall also submit schedules showing a three week detailed look- ahead at bi-weekly meetings conducted with the City. The Engineer may withhold progress payments or other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule.

3.3 TEMPORARY FIELD OFFICE
NOT USED.

3.4 PROTECTION OF WORK AND PROPERTY
A. All traffic detector loops, fences, walls, culverts, monuments, or other obstructions (except property line monuments within five (5) feet of the centerline of the mains) which are removed, damaged, or destroyed in the course of the Work, shall be replaced or repaired to the original condition at no additional cost to City. Contractor shall be responsible for the cost to repair, replace, relocate, and replacement of utilities whether or not those obstructions have been shown on the Plans, unless otherwise stated herein. It is then the Contractor’s responsibility to employ at its expens
e a Licensed Land Surveyor to restore all
property line monuments located more than five (5) feet from the centerline of the mains, which are destroyed or obliterated. Property line monuments located within five (5) feet of the centerline of the mains will be replaced by the City at no expense to the Contractor, provided the City is notified at least 48 hours before the property line monuments are damaged.

B. Contractor shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions.

C. Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid damage thereto, and Contractor shall repair any damage thereto caused by the Work operations. Contractor shall:

1. Enclose the working area with a substantial barricade, and arrange work to cause minimum amount of inconvenience and danger to the public.

2. Provide substantial barricades around any shrubs or trees indicated to be preserved.

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3. Deliver materials to the Project site over a route designated by the Engineer.

4. Provide any and all dust control required and follow the Applicable air quality regulations as appropriate. If the Contractor does not comply, the City shall have the immediate authority to provide dust control and deduct the cost from payments to the Contractor.

5. Confine Contractor’s apparatus, the storage of materials, and the operations of its workers to limits required by law, ordinances, permits, or directions of the Engineer. Contractor shall not unreasonably encumber the Project site with its materials.

6. Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by a civil engineer or land surveyor acceptable to the City, at no cost to the City.

7. Ensure that existing facilities, fences and other structures are all adequately protected and that, upon completion of all Work, all facilities that may have been damaged are restored to a condition acceptable to the City.

8. Preserve and protect from injury all buildings, pole lines and all direction, warning and mileage signs that have been placed within the right-of-way.

9. At the completion of work each day, leave the Project site in a clean, safe condition.

10. Comply with any approved stage construction and traffic control plans.

Access to residences and businesses shall be maintained at all times, unless otherwise permitted in writing by the City.

11. Cover and or protect work and project site as may be required to prevent or mitigate schedule delay and to allow work to proceed during wet weather or wet conditions.

D. These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the Work involved in the preservation of life, safety and property as above specified shall be considered as included in the prices paid for the various contract items of Work, and no additional allowance will be made therefore.

E. Should damage to persons or property occur as a result of the Work, Contractor shall be responsible for proper investigation, documentation, including video or photography, to adequately memorialize and make a record of what transpired.

The City shall be entitled to inspect and copy any such documentation, video, or photographs.

3.5 SITE CONDITIONS SURVEYS

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A. Work Included.

Contractor shall conduct thorough pre-construction and post-construction site condition surveys of the entire project area. Site Conditions surveys shall include written documentation of the conditions found, as well as photographs and video recordings of the area within at least 80 feet of any construction area and staging area. The written notes, photographs, and video shall be suitable for forensic purposes to resolve any damage claims that may arise as a result of construction.

B. Submittals.

1. Written documentation of site condition survey at pre-construction and post-construction.

2. Photographs as described herein of pre-construction and post- construction conditions.

3. Video recordings as described herein of pre-construction and post- construction conditions.

4. Submittals shall be made within three days of the surveys. All post- construction data shall be submitted prior to the final project inspection.

C. Site Condition Written Documentation.

Written documentation shall include the time, date, and conditions under which the site survey was made. The documentation shall note the condition of structures, pavement, sidewalks, utilities,
fences, and etc. within the work areas.

D. Photographs & Video Recording.

1. General – Prior to starting Work, Contractor shall provide a video recording of the project site. Contract shall take enough photographs during each site survey to provide a record of conditions existing prior to construction and conditions after construction. Pre-construction video and photographs shall be taken prior to any construction or mobilization of equipment, but not more that one week prior to actual start of work.

The pre-construction photographs may be staged at different times to match the progression of the Work.

2. The photographs shall document existing damage to public and private facilities, both prior to and after construction. Conditions to be documented include, but are not limited to: sidewalk cracks, broken curbs, separated property walls, improvements within public right-of- ways, access roads used, utility covers and markings, signs, pavement striping, pavement, unique or unusual conditions, adjacent driveways, landscaping, survey markers, and any feature directed by the Engineer.

Private property that is adjacent to the public right-of-way shall be documented to the extent visible from the public right-of-way.

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3. Photographs shall include items to indicate scale, as needed. In particular, scales or other items shall be laid next to close ups of structural cracks and other damaged areas being recorded. Scaling shall also be used to document elevation differences, as needed.

4. One set of color prints and the preconstruction site video shall be submitted. Additional sets shall be available for reviewing in settling any construction disputes. A set of photos shall also be furnished in electronic format. The resolution shall be at least equal to 7 mega-pixels.

All photos shall be documented as to time and date taken, photographer, project number, location, and orientation. Documentation shall include a brief description of objects photographed.

E. Video Recording.

1. Video recordings shall document the conditions of the entire area affected by construction, as well as nearby structures and facilities. The general documentation requirements for videos are the same as for photographs.

Video recorders shall accurately and continuously record the time and date.

2. Video recordings shall include an audio portion made simultaneously during the videoing. The audio recording shall describe the location, time, orientation, and objects being recorded. Special commentary shall be provided for unusual conditions or damage noted.

3. Video equipment shall be capable of producing high resolution images and shall have zoom capabilities.

4. Video recordings shall provide an overall picture of the sites and shall provide detailed images of damaged areas. Video shall extend to the maximum height of structures.

5. The Engineer shall have the right to reject any audio video recordings submitted with unintelligible audio, uncontrolled pan or zoom, or of poor quality. Video recordings shall be repeated when rejected.

6. Video recordings shall be submitted with labels indicating the project, date, recorder, and other pertinent information. Recordings shall be submitted on standard DVDs in a standard format.

F. Timing.

Contractor shall provide written notice of the time scheduled for the site conditions survey and the place it is to begin. Contractor shall obtain the Engineer’s concurrence prior to beginning the condition survey. The Engineer reserves the right to cancel the survey due to weather conditions or other problems. Videoing shall be done during times of good visibility and no videoing or photography shall be done during periods of visible precipitation or when standing water obscures pavement. Contractor shall provide the Engineer with

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an opportunity to have a representative present when taking the photos and provide guidance during photographing.

G. Site Surveyor.

The site condition surveyor(s) shall be experienced in construction and potential damage concerns. The site condition surveyor(s) shall be familiar with the photography and video equipment being used.

H. Field Quality Control.

Prior to submitting videos and photographs, the Contractor shall spot check the photos and videos in the field to insure they accurately reflect the actual conditions and to insure they are correctly labeled.

I. Soils Compaction Testing.

1. All soils compaction testing will be done by a licensed geotechnical engineer furnished by the City. Soils compaction testing will be done for all footings and foundations prior to placement of rebar or concrete.

2. For pipeline construction, soil compaction testing will be done at 100-foot intervals or as ordered by the project soils/geotechnical report at the bottom of the trench prior to placement of pipe bedding; at the top of the pipe bedding above the pipe; every two vertical feet of trench backfill or as otherwise ordered by the project soils/geotechnical report; at the top of the trench backfill, which sould be the bottom of the pavement section; and at the top of the aggregate base prior to pavement construction.

3.6 SUBMITTAL REQUIREMENTS FOR MANUALS AND RECORD DRAWINGS A. General. The Contractor shall furnish all materials and perform all Work required for furnishing submittals to City in accordance with Contract Documents.The Contractor shall submit Project Record Drawings, Technical Manual, Spare Parts, and other required items within 5 days following completion of project construction, and prior to Contractors request for Project Acceptance.

B. Technical Manuals.

1. The Contractor shall submit technical operation and maintenance information for each item of mechanical, electrical and instrumentation equipment in an organized manner in the Technical Manual. It shall be written so that it can be used and understood by City’s operation and maintenance staff.

2. The Technical Manual shall be subdivided first by specification section number; second, by equipment item; and last, by "Category." The Contractor shall furnish to City four (4) identical Technical Manuals.

Each set shall consist of one or more volumes, each of which shall be bound in a standard binder.

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C. Spare Parts List - The Contractor shall furnish to City six (6) identical sets of spare parts information for all mechanical, electrical, and instrumentation equipment.

The spare parts list shall include the current list price of each spare part. The spare parts list shall include those spare parts which each manufacturer recommends be maintained by City in inventory. Each manufacturer or supplier shall indicate the name, address, and telephone number of its nearest outlet of spare parts to assist City in ordering. The Contractor shall cross-reference all spare parts lists to the equipment numbers designated in the Contract Documents. The spare parts lists shall be bound in standard size, 3-ring binder.

D. Record Drawings

1. The Contractor shall maintain one record set of Drawings at the Site. On these, it shall mark all Project conditions, locations, configurations, and any other changes or deviations which may vary from the information represented in the original Contract Documents, including buried or concealed construction and utility features which are revealed during the course of construction. Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the locations indicated, or which were not indicated on the Contract Drawings.

Said record drawings shall be supplemented by any detailed sketches as necessary or directed to fully indicate the Work as actually constructed.

These master record drawings of the as-built conditions, including all revisions made necessary by Addenda and Change Orders shall be maintained up-to-date during the progress of the Project. Red ink shall be used for alterations and notes. Notes shall identify relevant Change Orders by number and date.

2. For all Projects involving the installation of any pipeline, Contractor shall survey and record the top of the pipe at a minimum of every 100 linear feet, and at each bend, recording both the horizontal and vertical locations.

3. Record drawings shall be accessible to City’s Representative at all times during the construction period. The record drawings shall be kept up to date and will be checked by the City prior to each progress payment.

Failure on the Contractor’s part to keep record drawings current could result in withholding partial payment.

4. Upon Completion of the Project and as a condition of final acceptance, the Contractor shall finalize and deliver a complete set of Record Drawings to City’s Representative. The information submitted by the Contractor will be assumed to be correct, and the Contractor shall be responsible for, and liable to City, for the accuracy of such information, and for any errors or omissions which may or may not appear on the Record Drawings.

E. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete the Manuals and Record Drawings shall be included in Contractor’s bid and distributed in the Schedule of Pay. No additional compensation shall be made to the Contractor for this Work.

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3.7 MATERIALS
A. Materials to be Furnished by the Contractor

1. Inspection of Materials. Materials furnished by the Contractor which will become a part of the Project shall be subject to inspection at any one or more of the following locations, as determined by City’s Representative:
at the place of production or manufacture, at the shipping point, or at the site of the Work. To allow sufficient time to provide for inspection, the Contractor shall submit to City’s Representative, at the time of issuance, copies of purchase orders or other written instrument confirming procurement of the materials, including drawings and other pertinent information, covering materials on which inspection will be made.

2. No later than fourteen (14) Days prior to manufacture of material, Contractor shall inform City’s Representative, in writing, the date the material is to be manufactured.

3. Contractors Obligations. The inspection of materials at any of the locations specified above or the waiving of the inspection thereof shall not impact whether the materials and equipment conform to the Contract Documents. Contractor will not be relieved from furnishing materials meeting the requirements of the Contract Documents due to City’s inspection or lack of inspection of the equipment or materials.

Acceptance of any materials will be made only after materials are installed in the Project.

4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to accommodate City’s testing efforts, including any travel required by Contractor’s forces, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items related to the materials requiring testing. No additional compensation shall be made to the Contractor for this Work.

3.8 LOCAL CONDITIONS AND REQUIREMENTS
A. Access to Work and Haul Routes

1. General. All work on the rights-of-way necessary for access to the Site shall be performed by the Contractor. Contractors anticipated Haul Routes shall be in compliance with the City's approved Truck Routes available from the Engineer.

2. Access, Damage, Restoration. The Contractor shall make his own investigation of the condition of available public or private roads and of clearances, restrictions, bridge-load limits, permit or bond requirements, and other limitations that affect or may affect transportation and ingress or egress at the Site.

3. The Contractor shall maintain and repair any damage arising out of Contractor’s operations to all roads used during construction of the

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Project, and upon completion of all Work, but prior to final acceptance, the roads shall be restored to their original condition. Prior to using any road for access to the Site, the C
ontractor shall conduct a photograph
and/or video survey of the roadway with a copy submitted to City’s Representative.

4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items.

No additional compensation shall be made to the Contractor for this Work.

B. Power. Contractor shall provide at its own expense all necessary power required for operations under the contract. The Contractor shall provide and maintain in good order such modern equipment and installations as shall be adequate in the opinion of the Engineer to perform in a safe and satisfactory manner the Work required by the contract.

C. Construction Water.

1. Construction water shall not be used for purposes other than those required to satisfactorily complete the contract.

2. Construction recycled water will be made available to the contractor from one of three fill locations within the city limits. If there is a need for construction recycled water during construction, the contractor shall apply for a city construction recycled water meter at the city hall finance counter prior to the beginning of work. A security deposit of $2,000 is required for the construction water meter from which the meter rental fee and cost of water will be deducted. if the rental fee and the water costs exceed the $2,000.00 deposited, an invoice will be issued to the contractor for payment.

3. Construction potable water will only be made available to the contractor if it can be demonstrated that recycled water cannot be used for the construction activities. potable water will be made available from existing city fire hydrant(s) nearest the proposed construction site as approved by the engineer, or by such other means as may be expressly approved in writing by the engineer. If there is a need for water during construction, the contractor shall apply for a city construction water meter at the city hall finance counter prior to the beginning of work. a security deposit of $2,000 is required for the construction water meter from which the meter rental fee and cost of water will be deducted. If the rental fee and the water costs exceed the $2,000.00 deposited, an invoice will be issued to the contractor for payment.

4. All required water, all work and materials required for obtaining, pumping, transporting and applying and otherwise disposing of said water shall be in an approved manner and shall be performed by, and at the expense of the contractor and no extra or separate compensation will be made thereof.

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D. Operation of Existing Water Facilities

1. The Contractor shall not operate any of the existing water systems, including pumps, motors, valves, and hydrants, but shall contact the City two (2) working days in advance with a list and location of the water system facilities that will require operating, opening, stopping, or closure by the City.

2. At the option of the Engineer, the Contractor may be permitted to operate valves for the purpose of making connections to existing mains. The City will perform all notification to existi
ng customers regarding temporary loss
of service.

3. Contractor shall submit a request on City’s standard form for any shut- down of existing water facilities.

E. Construction at Existing Utilities

1. General. Where the Work to be performed crosses or otherwise interferes with water, sewer, gas, or oil pipelines; buried cable; or other public or private utilities, the Contractor shall perform construction in such a manner so that no damage will result to either public or private utilities. It shall be the responsibility of the Contractor to determine the actual locations of, and make accommodates to maintain, all utilities.

2. Permission, Notice and Liability. Before any utility is taken out of service, permission shall be obtained by the Contractor from the owner. The owner, any impacted resident or business owner and the City Representative will be advised of the nature and duration of the utility outage as well as the Contractor’s plan for providing temporary utilities if required by the owner. The Contractor shall be liable for all damage which may result from its failure to maintain utilities during the progress of the Work, and the Contractor shall indemnify City as required by the Contract Documents from all claims arising out of or connected with damage to utilities encountered during construction; damages resulting from disruption of service; and injury to persons or damage to property resulting from the negligent, accidental, or intentional breaching of utilities.

3. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items.

No additional compensation shall be made to the Contractor for this Work.

F. Traffic Control

1. General. Contractor shall abide by traffic control plans approved by the City.

2. Protections. Roads subject to interference by the Work shall be kept open or suitable temporary passages through the Work shall be provided and

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maintained by the Contractor. The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient flasher lights, flag persons, danger signals, and signs, and shall take all necessary precautions for the protection of the Work and the safety of the public.

No construction work along public or private roads may proceed until the Contractor has proper barricades, flasher lights, flag persons, signals, and signs in place at the construction site.

3. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items.

No additional compensation shall be made to the Contractor for this Work.

G. Cleaning Up

1. Contractor at all times shall keep premises free from debris such as waste, rubbish, and excess materials and equipment. Contractor shall not store debris under, in, or about the premises. Contractor shall also clean all asphalt and concrete areas to the degree necessary to remove oil, grease, fuel, or other stains caused by Contractor operations or equipment, including all USA markings. The use of water, resulting in mud on streets, will not be permitted as substitute for sweeping or other methods. Dust control may require having a water truck onsite for the duration of the project, and/or use of temporary hoses and pipelines to convey water.

2. Contractor shall fully clean up the site at the completion of the Work. If the Contractor fails to immediately clean up at the completion of the Work, the City may do so and the cost of such clean up shall be charged back to the Contractor.

3.9 ENVIRONMENTAL QUALITY PROTECTION
A. Environmental Conditions
NOT USED.

This project is categorically exempt from CEQA under the categorical exemption for existing facilities (Cal. Code Regs., tit. 14, § 15301) as the project involves the minor alteration of a public facility and/or mechanical equipment and involves negligible or no expansion of existing or former use.

B. Landscape and Vegetation Preservation

1. General. The Contractor shall exercise care to preserve the natural landscape and vegetation, and shall co
nduct operations so
as to prevent
unnecessary destruction, scarring, or defacing of the natural surroundings in the vicinity of the Work.

2. Damage and Restoration. Movement of crews and equipment within the rights-of-way and over routes provided for access to the Work shall be performed in a manner to prevent damage to property. When no longer required, construction roads shall be restored to original contours.

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3. Upon completion of the Work, and following removal of construction facilities and required cleanup, land used for construction purposes and not required for the completed installation shall be scarified and regraded, as required, so that all surfaces are left in a condition that will facilitate natural revegetation, provide for proper drainage, and prevent erosion.

4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items.

No additional compensation shall be made to the Contractor for this Work.

C. Protected Species

1. General. If, in the performance of the Work, evidence of the possible occurrence of any State or Federally listed threatened or endangered plant or animal is discovered, the
Contractor shall notify the City
Representative immediately, giving the location and nature of the findings.

Written confirmation of the evidence, location and nature of the findings shall be forwarded to City within 2 Days.

2. Procedures. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the endangered plant or animal.

If directed by the City Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Any City directed changes to the Work as a result of a siting will be pursuant to the Contract Documents.

3. False Siting. Any costs or delays incurred by City or the Contractor due to unreasonable or false notification of an endangered plant or animal will be borne by the Contractor.

4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to comply with this paragraph, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.

D. Preservation of Historical and Archeological Resources

1. General. If, in the performance of the Work, Contractor should unearth cultural resources (for example, human remains, animal bones, stone tools, artifacts and/or midden deposits) through excavation, grading, watering or other means, the Contractor notify the
Construction/Archeological Monitor and/or the City Representative immediately, giving the location and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to the Construction/Archeological Monitor and/or City within 2 Days.

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2. Procedures. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the cultural resource.

If directed by the City Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or re- sequence and/or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Should the presence of cultural resources be confirmed, the Contractor will assist the City Representative and the Construction/Archeological Monitor in the preparation and implementation of a data recovery plan. The Contractor shall provide such cooperation and assistance as may be necessary to preserve the cultural resources for removal or other disposition. Any City directed changes to the Work as a result of the cultural resource will be pursuant to the Contract Documents.

3. Contractor’s
Liability. Should Contractor, without permission, injure, destroy, excavate,
appropriate,
or remove any cultural resource on or
adjacent to the Site, it will be subject to disciplinary action, arrest and penalty under applicable law. The Contractor shall be principally responsible for all costs of mitigation and/or restoration of cultural resources related to the unauthorized actions identified above.

Contractor shall be required to pay for unauthorized damage and mitigation costs to cultural resources (historical and archeological resources) as a result of unauthor
ized activities that damage cultural
resources and shall indemnify City pursuant to the Contract Documents.

4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to comply with this paragraph, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.

E. Dust and Pollution Control

1. Contractor shall provide all necessary material, equipment and labor to prevent and control the emission of dust and any other potential pollutant on site. Contractor shall remove construction caused debris from streets and sidewalks as directed by the Engineer.

2. Contractor shall not discharge into the atmosphere from any source smoke, dust or other air contaminants in violation of the law, rules, and regulations of the governing agency.

3. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to comply with this paragraph, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.

F. Management of Storm, Surface and Other Waters (Not Applicable)

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1. Storm water, surface water, groundwater, and nuisance, or other waters may be encountered at various times during construction of the Project.

Federal and State laws require the City and its contractors to manage such waters pursuant to the requirements of California State Water Resources Control Board Order Number 2009-0009-DWQ, the Federal Clean Water Act, and the California Porter Cologne Water Quality Control Act. Contractor acknowledges that it has investigated the risk arising from such waters in conjunction with the Project, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

2. The Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the City’s ordinances regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. These include, but are not limited to the San Francisco Bay Regional Water Quality Control Board Order No. R2-2015- 0049 (NPDES Permit No. CAS 612008), and State Water Resources Control Board Order No. 2010-0014-DWQ, Order No. 2009-0009-DWQ, and Order No. 2012-0006-DWQ, and any amendment or renewal thereof (“Construction General Permit”). Contractor must perform all construction operations in such a manner as to comply, and ensure all subcontractors to comply, with all applicable Federal, State, and local laws, orders, and regulations concerning the control and abatement of water pollution; and all terms and conditions of any applicable permits issued for the Project. In the event there is a conflict between Federal, State, and local laws, regulations, and requirements, the most stringent shall apply.

3. Compliance with Construction General Permit. Contractor must comply with all aspects of the Construction General Permit, State Water Resources Control Board (State Board) Water Quality Order No. 2009- 0009-DWQ, as amended by Order Nos. 2010-0014-DWQ and 2012- 0006-DWQ, and any amendment or renewal thereof (NPDES
CAS000002), for all projects that involve construction on or disturbance of one acre or more of land or which are part of a larger common plan of development or sale.
(a) Permit registration. Unless otherwise specified in the Special Conditions, Contractor must prepare the Notice of Intet for coverage under the Construction General Permit and all Permit Registration Documents (PRDs), including but not limited to the Storm Water Pollution Prevention Plan (SWPPP), as those terms are defined in the Construction General Permit. Contractor must coordinate submittal of all PRDs with th eCity’s Legally Responsible Person and/or Authorized Signatory, as those terms are defined in the Construction General Permit. The Contractor

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must submit the PRDs, including the SWPPP to the City
Representative for review not less than fifteen (15) Days prior to the start of on- site construction work. City will file the Notice of Intent and PRDs and pay the filing fee.
(b) Before any Construction General Permit related documents may be submitted to the State Board or implemented on the Project site, they must first be reviewed and accepted by City.

Acceptance by the City does not relieve the Contractor from ensuring such documents comply with all lawsapplicable laws, regulations, and orders.
(c) Contractor must ensure that the SWPPP is developed by a Qualified SWPPP Developer and implemented by a Qualified SWPPP Practitioner as those terms are defined in the Permit.

Contractor must implement the SWPPP and all other provisions of the Construction General Permit, including the monitoring and reporting requirements, preparing and submitting all reports, plans, inspections, and monitoring information in compliance with the Construction General Permit. The SWPPP must include industry standard requirements for water quality control including but not be limited to the following:
(1) Sediment and erosion control measures to manage
sediment and erosion including vegetative practices,
structural control, silt fences, straw dikes, sediment
controls or operator controls as appropriate.Storm water management measures shall be instituted as required,
including velocity dissipaters, and solid waste controls shall address controls for building materials and offsite tracking of sediment.
(2) Wastewater and storm water management controls to
divert offsite surface flows around the Project site and to divert surface flows within the Project area away from
areas of open earth or stockpiles of building and other materials. Wastewater from general construction activities, such as drain water collection, aggregate processing,
concrete batching, drilling, grouting, or other construction operations, shall not enter flowing or dry watercourses without having met the authorized non-storm water
discharge requirements listed in State Board Water Quality Order No. 2009-0009-DWQ, Section III.C., including proper notification to the Regional Water Board.
(3) Pollution prevention measures including methods of
dewatering, unwatering, excavating, or stockpiling earth and rock materials which include prevention measures to control silting and erosion, and which will intercept and settle any runoff of sediment-laden waters.

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(4) Turbidity prevention measures for prevention of excess turbidity including, but are not restricted to, intercepting ditches, settling ponds, gravel filter entrapment dikes, flocculating processes, recirculation, combinations thereof, or other approved methods that are not harmful to aquatic life. All such wastewaters discharged into surface waters, shall contain the least concentration of settleable material possible, and shall meet all conditions of section 402, the National Pollutant Discharge Elimination System (NPDES) permit.
(5) Overall construction site management measures to
address changes at the Project site as the Project moves through different phases and changes that account for
rainy and dry season management practices.
(6) Pollution control measures and construction activity methods that will prevent entrance, or accidental spillage, of solid matter, contaminants, debris, or other pollutants or wastes, into streams, flowing or dry watercourses, lakes, wetlands, reservoirs, or underground water sources. Such pollutants and wastes include, but are not restricted to:
refuse, garbage, cement, sanitary waste, industrial waste, hazardous materials, radioactive substances, oil and other petroleum products, aggregate processing, tailings,
mineral salts, and thermal pollution.
(7) Control measures for stockpiled or deposited materials prohibiting the stockpile or deposit of excavated materials, or other construction materials, near or on stream banks, lake shorelines, or other watercourse perimeters where
they can be washed away by high water or storm runoff, or can, in any way, encroach upon the watercourse.
(8) Develop and implement a Rain Event Action Plan (REAP), if required, that must be designed and implemented to
protect all exposed portions of the site 48 hours prior to any likely precipitation event.
(9) Monitoring, reporting and record keeping, as necessary to achieve compliance with applicable Permit requirements, including but not limited to annual reports and rain event reports.
(d) City retains the right to procure and maintain coverage under the Construction General Permit for the Project site if the Contractor fails to draft a SWPPP or other Construction General Permit related document, or fails to proceed in a manner that is satisfactory to City. City reserves the right to implement its own SWPPP at the Project site, and hire additional contractors to maintain compliance. Whether Contractor has adequately

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maintained compliance with the Construction General Permit shall be City’s sole determination. In the event that Contractor has failed or is unable to maintain compliance with the Construction General Permit, any costs or fines incurred by City in
implementing a SWPPP, or otherwise maintaining compliance with the Construction General Permit shall be paid by the Contractor.

4. For those Work sites where construction activity results in the disturbance of less than one acre of total land area and/or do not need coverage under the Construction General Permit, the Contractor shall be responsible for preparing and implementing construction industry best management practices to eliminate or
reduce the discharge of pollutants
from construction sites, such as the best management practices set forth in the CASQA Construction BMP Handbook.

5. In addition to compliance with the Permit, Contractor shall comply with the lawful requirements of any applicable municipality, district, drainage district, flood control district, and other local agencies regarding discharges of storm water, surface water, groundwater or other nuisance waters off of the Project site.

6. Contractor violations.
(a) Failure to implement the SWPPP or otherwise comply with the Construction General Permit or local state and federal laws is a violation of this Contract. Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify, defend – with counsel acceptable to the City – and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Work, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (b) City reserves the right to defend any enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water quality law, regulation, or policy.

Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any enforcement action and/or settlement reached between the City and any relevant
enforcement entity.
(c) City may seek damages from Contractor for delay in completing the Contract in accordance with the Contract Documents, caused by Contractor’s failure to comply with the the laws, regulations and

38077.00180\29080232.10

-134-
01 00 00 – GENERAL REQUIREMENTS

policies described in this Article, or any other relevant water quality law, regulation, order, or policy.
(d) If noncompliance with any relevant law, regulation or permit, order, or policy occurs, the Contractor shall report this to the City Representative immediately, with the specific information submitted in writing within 2 Days. Consistent violations of applicable Federal, State, or local laws, orders, regulations, or Water Quality Standards may result in City stopping all site activity until compliance is ensured. The Contractor shall not be entitled to any change in Contract Price or Contract Times, claim for damage, or additional compensation by reason of such a work stoppage. Corrective measures required to bring activities into compliance shall be at the Contractor's expense.

7. Oil storage tanks management.
(a) Storage tank placement. All oil or other petroleum product (hereinafter referred to collectively as oil) storage tanks shall be placed at least 20 feet from streams, flowing or dry watercourses, lakes, wetlands, reservoirs, and any other water source. (b) Storage area dikes. Storage areas shall be diked at least 12 inches high or graded and sloped to permit safe containment of leaks and spills equal to the capacity of all tanks and/or containers located within each area, plus a sufficient amount of freeboard to contain the 25-year rainstorm.
(c) Diked area barriers. Diked areas shall have an impermeable barrier at least 10 mils thick. Areas used for refueling operations shall have an impermeable liner at least 10 mils thick buried under 2 to 4 inches of soil.
(d) Spill Prevention Control and Countermeasure Plan (SPCC).

Where the location of a construction site is such that oil from an accidental spillage could reasonably be expected to enter into or upon the navigable waters of the United States or adjoining shorelines, and the aggregate storage of oil at the site is over 1,320 gallons or a single container has a capacity in excess of 660 gallons, the Contractor shall prepare an SPCC Plan. The Contractor shall submit the SPCC Plan to the Engineer at least 30 days prior to delivery or storage of oil at the site. The Plan must have been reviewed and certified by a registered professional engineer in accordance with 40 C.F.R., part 112

8. Underground tank prohibition. The Contractor shall not use underground storage tanks.

9. Construction safety standards. The Contractor shall comply with the sanitation and potable water requirements of Section 7 of United States

38077.00180\29080232.10

-135-
01 00 00 – GENERAL REQUIREMENTS

Bureau of Reclamation's publication “Reclamation Safety And Health Standards.”

10. Other Permits.
(a) Other permits applicable to the Project are listed in the Special Conditions. The Contractor shall obtain all other necessary licenses and permits.
(b) Monitoring. The Contractor is required to conduct monitoring in order to meet the requirements of the permits, which may include sampling, testing and inspections.
(c) Recordkeeping. The Contractor shall retain all records and data required by the permits for the time specified in the contract.

11. Cost. Except as specified herein, the cost of complying with this section shall be included in the Schedule of Pay Items for work which necessitate the water pollution prevention measures required by this paragraph.

END OF GENERAL REQUIREMENTS

38077.00180\29080232.10

1 EXHIBIT “A”
Change Order Form

EXHIBIT “A”

CHANGE ORDER FORM

City of Milpitas

455 E. Calveras Boulevard
Milpitas, California 93035

CONTRACT CHANGE ORDER NO. __
Date: [INSERT]
To: [CONTRACTOR NAME]
[ADDRESS]
[ADDRESS]
Attn: [CONTRACTOR REP]
Project: [INSERT]
This Change Order covers changes to the contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order items for the amount agreed upon between the Contractor and City of Milpitas and set forth herein.

Item
No.

Description of Changes
Increase/
(Decrease)
in Contract
A
moun
t

Contract
Time
Extension,
Da
y
s
1 2

Totals $

Original Contract Amount: $XX.00
Change by Previous Change Order(s): $XX.00
Contract Price Prior to this Change Order: $XX.00
Current Change Order Amount: $XX.00
Revised Contract Amount including this Change Order: $XX.00

38077.00180\29080232.10

2 EXHIBIT “A”
Change Order Form

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

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

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

(Signature) Daniel Na
m, Director of Information
Technology

Date
Approved:

(Signature) Ned Thomas, City Manage
r
Date

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

Contract Change Order #

38077.00180\29080232.10

3 EXHIBIT “A”
Change Order Form

EXHIBIT “B”
PHASE #1 AND PHASE #2 TIME SCHEDULE

§

Phase #1
: Limited to Discussion System. Must be completed within sixty (60) calendar days from issuance of Notice to Proceed.
§

Phase #1

Schedule
: Monday, Wednesday, Thursday, Friday 8:00 a.m. – 5:00 p.m. §

Phase #2
: All remaining base scope, except Phase #1, excludes Add Alternates §

Phase #2

Schedule
: June 19, 2024 through August 23, 2024 for a total of sixty-six (66) calendar days. Monday – Friday 8:00 a.m. – 5:00 p.m.

I RESOLUTION No. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS

AWARDING A CONSTRUCTION CONTRACT TO PCD FOR THE

REHABILITATION OF THE MILPITAS SPORTS CENTER ROOF PROJECT WHEREAS, City Milpitas Municipal Code Section I-2-3.08 (“Formal Bid Procedures”) authorizes the City Council to award construction contracts to the responsible bidder, whose proposal is determined in writing to be the most advantageous to the City, taking into consideration, price, value, and the evaluation factors set forth in the request for proposals; and WHEREAS, Capital Improvement Program Project No. 3498 – Council Chamber AV System Replacement is an approved project that provides for the assessment, design, and construction of improvements to City Council Chamber Audio Visual (AV) Systems in the adopted 2024-2028 Capital Improvement Program (CIP) budget; and
WHEREAS, the Milpitas City Council Chambers, a City facility that is the venue for City Council meetings and the Committee Conference Room, a City facility that is the venue for City Council Subcommittee and Commission meetings; and
WHEREAS, the AV systems in the Council Chambers and the Committee Conference Room are at the end of their useful life and experience frequent breakdowns; and WHEREAS, the AV systems in the Council Chambers and the Committee Conference Room were installed prior to the hosting and streaming of hybrid meetings, which require complex interfaces with other platforms and systems; and
WHEREAS, the Information Technology Department identified the need for a qualified contractor to conduct the replacement of both AV systems; and WHEREAS, in accordance with the bidding requirements under the California Uniform Public Construction Cost Accounting Act and Public Contracting Code, the Project was advertised for bid on October 26, 2023, and
WHEREAS, the Purchasing Agent has determined that the lowest responsible bidder submitting a responsive bid is PCD, in the base bid amount of $743,761.88 and Add Alternates 1 and 2 in the amount of $83,309.00 and $8,797.20 respectively, for a total contract amount of $835,768.08.

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

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

2. The City Council authorizes the City Manager to award a construction contract to PCD in the Amount of $835,768.08 for the Council Chambers AV Replacement Project, including the base bid and Add Alternates 1 and 2.

3. The City Council authorizes the City Manager to negotiate and execute contract change order(s) in an aggregate amount not to exceed $79,231.92 for the Council Chamber AV Replacement Project.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:

Michael Multalipassi, City Attorney

PURCHASING DIVISION

IFB

FOR:

Council Chamber AV System
Replacement

IFB

NO:

24 -
030

DUE DATE:

November 29, 2023

BUYER:

R. Yamashita

Coda Technology Group

1370 Redwood Way Suite C

Petaluma, CA 94954

EIDIM
Group, Inc. dba EIDIM AV
Technology

1015 S. Placentia Ave

Fullerton, CA 92831

PCD

1032 Maxwell Drive

Santa Rosa, CA 95401

1 2

3 4

5 6

7 Base Bid

$857,735.73

$
854,847.60

$743,761.88

**BID AWARD IN
PROGRESS**

City Council Date:

December 12, 2023

Most Responsive
Lowest
Bidder

Awarded

TO:

PCD

CODE KEY: INA = Information Not Available NS = Not Stated NB = No Bid DY = Days WK = Weeks HR = Ho urs

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Authorizing the City Manager to Execute the Sole Source Services Agreement with Flock Group Inc. for Automated License Plate Reader (ALPR) Cameras in an Amount Not-to-Exceed $732,000.00 (Staff Contact: Jared Hernandez, Chief of Police, 408-586-2406)
Category: Consent Calendar-Public Safety
Meeting Date: 12/12/2023
Recommendation: Adopt a resolution authorizing the City Manager to execute the extension of the Sole Source Services Agreement with Flock Group, Inc. for Automated License Plate Reader (ALPR) Cameras in an amount not-to-exceed $732,000, which includes a contingency of $91,500.00; and Authorize the Chief of Police to execute contract change orders in an aggregate amount not to exceed $91,500.00.

BACKGROUND:

On April 28, 2020, the City approved a one-year agreement with Flock Group, Inc. for the installation of an initial 20 automated license plate reader (ALPR) cameras, per the objectives outlined in CIP project number 3459 “ALPRs and Citywide Security Cameras.” The original contract price was $2,000 per camera and the total contract amount was not-to-exceed $40,000.

On May 26, 2020, the Purchasing Agent designated Flock Group, Inc. as the “Sole Source” provider of Falcon ALPR wireless cameras with patented machine learning technology in accordance with Municipal Code Section I-2-3.06 “Sole Source Procurement”. This designation is active for five (5) years ending on May 25, 2025.

Due to the success of the ALPR camera program, the Police Department requested to expand the program by an additional 15 cameras. On April 15, 2021, the City approved an additional one-year Sole Source agreement with Flock Safety for the installation of the 15 additional ALPR cameras and the additional compensation amount of $41,250 ($2,500 per camera) for the new cameras combined for a not-to-exceed amount of $81,250. Upon doing so, the City had two separate contracts with differing end of term dates.

On September 20, 2022, the City Council approved a resolution authorizing the City Manager to execute a three-year extension of the existing agreements with Flock Group, Inc. in an amount not-to-exceed $314,750, which also included a $78,500 contingency for future growth (up to 10 additional cameras). This resolution extended the contract end dates of the 35 existing cameras to 2023 (for the initial set of 20 cameras) and 2024 (for the additional set of 15 cameras). A total of $196,387 of the total not-to-exceed amount of $314,750 has been expended to date.

In preparation for the expiration of the originating contract for the 20 initial cameras, the Police Department completed an analysis of the current ALPR camera deployment. The Police Department determined the current deployment is still relevant but identified several areas in the City that could benefit from the installation of additional ALPR cameras to reduce crime.

Upon initiating a renewed contract with Flock Group, Inc., staff learned that the per camera cost increased to $3,000 per unit and is expected to increase more in future years. However, the vendor is offering grandfathered pricing to existing customers who enter a 5-year agreement. The Police Department is seeking Council approval for a 5-year contract for the existing 35 cameras, 20 new cameras to be installed immediately, and a contingency for additional cameras to be installed during the 5-year contract period based on evolving crime trends and public safety needs. This new contract would align all 55 cameras into a single

contract to commence immediately upon execution of the contract. The proposed agreement has a not-to- exceed amount of $732,000 which includes a contingency of $91,500 for future growth based on evolving crime trends and public safety needs. However, the City would not expend the remaining $118,363 to be encumbered under the September 20, 2022 contract. Thus the new agreement would result in a new cost of $535,613 to extend the agreement through 2028.

ANALYSIS:

Since the approval of the initial contract and the implementation of the first set of cameras in September of 2020, the ALPR program has aided the Police Department in enhancing public safety in various ways, such as locating missing persons, identifying, and monitoring crime trends, aiding in criminal investigations and apprehensions, recovery of stolen vehicles, locating of wanted persons, and development of investigative leads in criminal and non-criminal investigations. Additionally, the ALPR program has improved efficiency in investigations by reducing staff time where other means of gathering similar information is cumbersome. Due to the overall effectiveness of the ALPR technology, staff recommends continuance of the program and has identified 20 locations of the City that will immediately benefit from the deployment of additional cameras.

The Police Department now requests to enter an agreement to extend service for the existing 35 cameras and to add 20 new cameras for five years, for a total not-to-exceed amount of $640,500. A five-year term will secure grandfathered pricing for the cameras for the extent of the agreement, which is lower than the current rate Flock offers for new agreements and protects the City from increased costs for the current deployment of cameras.

In addition, staff recommends adding a contingency of $91,500 to account for the potential addition of ALPR cameras (estimated up to 10 cameras for 3 years at an annual cost per camera of $3,000, plus a $150 one- time implementation fee per camera). The contingency would allow for the timely expansion of the ALPR program, if and as needed, to further address public safety including shifting crime trends. Staff also recommends authorizing the Chief of Police to execute contract change orders in an aggregate amount not to exceed $91,500. The change order authority will not exceed this amount. The following table shows the costs as described herein:

ALPR Equipment: Year 1 Year 2 Year 3 Year 4 Year 5 Total Initial Set of 20 Cameras $40,000 $40,000 $40,000 $40,000 $40,000 $200,000 Additional Set of 15 Cameras $37,500 $37,500 $37,500 $37,500 $37,500 $187,500 New Set of 20 Cameras $53,000 $50,000 $50,000 $50,000 $50,000 $255,000 Contingency $91,500
Total $130,500 $127,500 $127,500 $127,500 $127,500 $732,000 Section I-2-3.06 of the Milpitas Municipal Code authorizes the Purchasing Agent to award contracts without competition when the Purchasing Agent determines in writing, after conducting a good faith review of available sources, that only one viable source exists for the required supplies, material, equipment or general service, or there is a compelling reason for using only one source. (See attached Sole Source Justification Form). Flock Group, Inc., is the sole manufacture and distributor of license plate reader.

POLICY ALTERNATIVE(S):

Alternative 1: Do not approve a services agreement with Flock Safety for ALPR cameras Pros: The City would not incur the expense of up to $732,000 to continue and expand the ALPR camera program as recommended.

Cons: The Police Department would no longer have access to the ALPR technology with Flock Safety.

Reason for Not Recommending: The elimination or reduction of the ALPR program will decrease the Police Department’s ability to proactively detect, deter, and investigate crime thus reducing public safety.

FISCAL IMPACT:

The total not-to-exceed cost of the 5-year agreement including a contingency as staff recommends is $732,000, which will be paid from funds available in CIP 3459 ALPRs & Security Cameras and the 2019 Car Break-In Prevention Grant (BSCC 459). CIP 3459 is funded by General Government CIP and Car Break-In Prevention State Grant. As of December 5, 2023, the balance in CIP 3459 is $318,613 and balance of the

BSCC grant is $331,564 in which will fund $650,177 of the contract. The remaining contract amount of $81,823 will be incorporated into future grant, CIP, and/or operating budget development for funding.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The project entails the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use and is exempt from CEQA pursuant to Cal. Code Regs., tit. 14, § 15301. The project also entails of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The number of structures in the project do not exceed the maximum allowable on effected parcels.

The project is exempt from CEQA pursuant to Cal. Code Regs., tit. 14, § 15303.

RECOMMENDATION:
(1) Adopt a resolution Authorizing the City Manager to execute the Sole Source Services Agreement with Flock Group, Inc. for Automated License Plate Reader (ALPR) Cameras in an amount not-to-exceed $732,000.00, which includes a contingency of $91,500.00. (2) Authorize the Chief of Police to execute contract change orders in an aggregate amount not to exceed $91,500.00.

ATTACHMENT(S):
(a) Proposed Agreement with Flock Safety
(b) Purchase Order
(c) Flock Terms and Conditions
(d) Resolution
(e) Sole Source Justification

Flock Safety + CA - Milpitas PD
______________

Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________

MAIN CONTACT:

Graham Carter
[email protected]
(415) 329-1307

Company Overview

At Flock Safety, technology unites law enforcement and the communities they s erve to eliminate crime and s hape a s afer future, together. We created the first public safety operating s ystem to enable neighborhoods, schools, businesses, and law enforcement t o work together to collect visual, audio, and s ituational evidence across an entire city to s olve and prevent crime.

Our connected platform, comprised of License Plate Recognition (LPR), live video, audio detection, and a s uite of integrations (AVL, CAD & more), alerts law enforcement when an incident occurs and turns unbiased data into objective answers that increase case clearance, maximize resources, and reduce crime -- all without compromising transparency or human privacy.

Join thousands of agencies reducing crime with Flock Safety’s public safety operating system

2000+ 120 1B+ <60%*
communities with private -
public partnerships
incident alerts / minute 1B+ vehicles detected /
month
<60% local crime reduction
in Flock cities

*According to a 2019 s tudy conducted by Cobb County Police Department

Introduction

Layer Intelligence to Solve More Crime

The pathway to a safer future looks different for every community. As such, this proposal presents a combination of products that s pecifically addresses your public safety needs, geographical layout, sworn officer count, and budget. These components make up your custom public safety operating s ystem, a connected device network and software platform designed to transform real -time data into a panoramic view of your jurisdiction and help you zero in on the leads that solve more cases, prevent future crimes, and foster trust in the communities you serve.

Software Platform
Flock Safety's out -of-box s oftware platform collects and makes sense of visual, audio, and situational evidence across your entire network of devices.

Out-of-Box Software Features
Simplified Search Get a complete view of all activity tied to one vehicl e in your network of privately and publicly owned cameras.

The us er-friendly search experience allows officers to filter hours of footage in seconds based on time, location, and detailed vehicle criteria using patented Vehicle Fingerprint ™ technology. Sea rch filters include:

● Vehicle make
● Body type
● Color
● License plates
○ Partial tags
○ Mis sing tags
○ Temporary tags
○ State recognition
● Decals
● Bumper stickers
● Back racks
● Top racks
National and Local Sharing

Acces s 1B+ additional plate reads each month without
purchasing more cameras. Solve cross -jurisdiction crimes by opting into Flock Safety's sharing networks, including one -to- one, national, and s tatewide s earch networks. Users can also receive alerts from several external LPR databases:

California SVS
FDLE
FL Expired Licenses
FL Expired Tags
FL Sanctioned Drivers
FL Sex Offenders
Georgia DOR
IL SOS
Illinois Leads
NCIC
NCMEC Amber Alert
REJIS
CCIC
FBI
Real -time Alerts Receive SMS, email, and in -app notifications for custom Hot Lis ts, NCIC wanted lists, AMBER alerts, Silver alerts, Vehicle Fingerprint matches, and more.

Interactive ESRI Map View your AVL, CAD, traffic, and LPR alerts alongside live on - s cene video from a s ingle interactive map for a birdseye v iew of activity in your jurisdiction.

Vehicle Loca tion Analysis

Vis ualize sequential Hot List alerts and the direction of travel to guide officers to find suspect vehicles faster.

Out-of-Box Software Features (Continued)
Trans parency Portal Es tablish community trust with a public-facing dashboard that s hares policies, usage, and public safety outcomes related to your policing technology.

Ins ights Dashboard

Acces s at-a-glance reporting to easily prove ROI, discover crime and traffic patterns and prioritize changes to your public s afety s trategy by using data to determine the most s ignificant impact.

Native MDT Application

Download FlockOS to your MDTs to ensure officers never
mis s a Hot List alert while out on patrol.

Hot Lis t Attachments
Attach relevant information to Custom Hot List alerts. Give s imple, digestible context to Dispatchers and Patrol Officers res ponding to Hot List alerts so they can act confidently and drive better outcomes. When you create a custom Hot List Alert, add case notes, photos, reports, and other relevant cas e information.

Single Sign On (SSO) Increase your login s peed and information s ecurity with Okta or Azure Single Sign On (SSO). Quickly access critical
information you need to do your job by eliminating the need for password resets and s teps in the log-in process.

License Plate Recognition
The Flock Safety Falcon® LPR camera uses Vehicle Fingerprint™ technology to transform hours of footage into actionable evidence, even when a license plate isn't visible, and sends Hot List alerts to law enforcement users when a s uspect vehicle is detected. The Falcon has fixed an d location-flexible deployment options with 30% more accurate reads than leading LPR.*

*Res ults from the 2019 s ide-by-side comparison test conducted by LA County Sheriff's Department

Flock Safety Falcon® LPR Camera Flock Safety Falcon® Flex Flock Safety Falcon® LR Fixed, infrastructure -free LPR camera
des igned for permanent placement.

√ 1 Standard LPR Camera
√ Unlimited LTE data service + Flock OS
platform licenses
√ 1 DOT breakaway pole
√ Dual solar panels
√ Permitting, installation, and ongoing
maintenance
Location -flexible LPR camera designed
for fas t, easy s elf-installation, which is
ideal for your ever -changing
investigative needs.
√ 1 LPR Camera
√ Unlimited LTE data service + s oftware
licenses
√ 1 portable mount with varying -sized
band clam ps
√ 1 Charger for internal battery
√ 1 hards hell carrying case
Long -range, high -speed LPR camera
that captures license plates and Vehicle
Fingerprint data for increasing
investigative leads on high -volume
roadways like highways and interstates.

√ 1 Long -Rage LPR Camera
√ Computing device in protective poly
cas e
√ AC Power
√ Permitting, installation, and ongoing
maintenance

Your Flock Safety Team
Flock Safety is more than a technology vendor; we are a partner in your mission to build a safer future. We work with thousands of law enforcement agencies across the US to build stronger, safer communities that celebrate the hard work of thos e who s erve and protect. We don’t disappear after contracts are signed; we pride ourselves on becoming an extension of your hard -working team as part of our subscription s ervice.

Implementation Meet with a Solutions Consultant (former LEO) to build a deployment plan based on your needs. Our Permitting Team and Installation Technicians will work to get your device network approved, installed, and activated.

Us er Training + Support Your designated Customer Success Manager will help train your power users and ensure you maximize the platform, while our customer support team will assist with needs as they arise.

Maintenance We proactively monitor the health of your device network. If we detect that a device is offline, a full -time technician will s ervice your device for no extra charge.

Note: Ongoing maintenance does not apply to Falcon Flex devices.

Public Relations Government Affairs

Get s upport educating your s takeholders, including city councils and other governing bodies.

Media Relations

Share crimes solved in the local media with the help of our Public Relations team.

EXHIBIT A

ORDER FORM

Customer: CA - Milpitas PD Initial Term: 60 Months
Legal Entity Name: CA - Milpitas PD Renewal Term: 24 Months Accounts Payable Email: [email protected] Payment Terms: Net 30 Address: 1275 N Milpitas Blvd Milpitas, California 95035 Billing Frequency: Annual - First Year at Signing.

Retention Period: 30 Days

Hardware and Software Products
Annual recurring amounts over subscription term

Item Cost Q uantity Total
Flock Safety Platform $127,500.00
Flock Safety Flock OS
FlockOS ™ Included 1 Included
Flock Safety LPR Products
Flock Saf ety Falcon ® $2,500.00 35 $87,500.00
Flock Saf ety Falcon ® $2,000.00 20 $40,000.00

Professional Services and One Time Purchases

Item Cost Q uantity Total
One Time Fees
Flock Safety Professional Services
Prof essional Services - Existing Inf rastructure
Implementation Fee $150.00 20 $3,000.00

Subtotal Year 1: $130,500.00
Annual Recurring Subtotal: $127,500.00
Discounts: $187,500.00
Estimated Tax: $0.00
Contract Total: $640,500.00

Billing Schedule

Billing Schedule Amount (USD)
Year 1
At Contract Signing $130,500.00
Annual Recurring after Year 1 $127,500.00
Contract Total $640,500.00
*Tax not included
Discounts

Discounts Applied Amount (USD)
Flock Saf ety Platf orm $187,500.00
Flock Saf ety Add-ons $0.00
Flock Saf ety Professional Services $0.00

Product and Services Description

Flock Safety Platform Items Product Description T erms

Flock Saf ety Falcon ®
An inf rastructure-f ree license plate reader camera that utilizes Vehicle Fingerprint® technology to capture vehicular attributes.

The Term shall commence upon f irst installation and validation of Flock Hardware.

O ne-T ime Fees Service Description
Installation on existing
inf rastructure
One-time Prof essional Services engagement. Includes site & saf ety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Saf ety Advanced Implementation Service Brief .

Prof essional Services - Standard
Implementation Fee
One-time Prof essional Services engagement. Includes site and saf ety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief .

Prof essional Services -
Advanced Implementation Fee
One-time Prof essional Services engagement. Includes site & saf ety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Saf ety Advanced Implementation Service Brief .

FlockOS Features & Description

Package: Essentials

FlockOS Features Description
Community Cameras (Full Access) Access to all privately owned Flock devices within your jurisdiction that have been shared with you.

Unlimited Users Unlimited users f or FlockOS
State Network (LP Lookup Only) Allows agencies to look up license plates on all cameras opted in to the statewide Flock network.

Nationwide Network (LP Lookup Only) Allows agencies to look up license plates on all cameras opted in to the nationwide Flock network.

Time & Location Based Search Search f ull, partial, and temporary plates by time at particular device locations License Plate Lookup Look up specif ic license plate location history captured on Flock devices Vehicle Fingerprint Search Search f ootage using Vehicle Fingerprint™ technology. Access vehicle type, make, color, license plate state, missing / covered plates, and other unique f eatures like bumper stickers, decals, and roof racks.

Flock Insights/Analytics page Reporting tool to help administrators manage their LPR program with device perf ormance data, user and network audits, plate read reports, hot list alert reports, event logs, and outcome reports.

ESRI Based Map Interf ace
Flock Saf ety’s maps are powered by ESRI, which of f ers the ability f or 3D visualization, viewing of f loor plans, and layering of external GIS data, such as City inf rastructure (i.e., public f acilities, transit systems, utiliti es), Boundary mapping (i.e., precincts, county lines, beat maps), and Interior f loor plans (i.e., hospitals, corporate campuses, universities)
Real-Time NCIC Alerts on Flock ALPR Cameras Alert sent when a vehicle entered into the NCIC crime database passes by a Flock camera Unlimited Custom Hot Lists Ability to add a suspect’s license plate to a custom list and get alerted when it passes by a Flock camera Direct Share - Surrounding Jurisdiction (Full Access) Access to all Flock devices owned by law enf orcement that have been directly shared with you. Have ability to search by vehicle f ingerprint, receive hot list alerts, and view devices on the map.

By executing this Order Form, Customer represents and warrants that it has read and agrees all of the terms and conditions contained in the Terms of Service located at https://www.flocksafety.com/terms-and-conditions/ L1/

The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Customer: CA - Milpitas PD

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PO Number:

38077.00180\29085179.3 C2

PURCHASE ORDER TERMS AND CONDITIONS FOR SERVICES

1. Acceptance; Entire Agreement. This purchase order for services issued by the City of Milpitas (“CITY”) to the Contractor designated in the purchase order must be
promptly accepted and acceptance is expressly limited to the terms of this order. Any addition or different terms in the Contractor's forms are hereby deemed to be material
alterations and notice of objection to them and rejection of them is hereby given. Contractor's performance of any
portion of this order shall be considered acceptance by the Contractor of the terms herein.

2. Compensation. Contractor shall be paid on a time and materials or firm fixed fee basis, as may be agreed upon by the parties as described in this Purchase Order, or in
documents attached hereto and hereby made a part hereof, within 30 days of receipt of invoice. If the work is performed on a time and materials basis, the invoice shall include a detailed description of the work performed, labor hours and materials.

3. Compliance with Law. Contractor shall comply with all applicable laws and regulations of the federal, state and local government. CITY shall assist Contractor, as requested, in obtaining and maintaining all permits required of Contractor by Federal, State and local regulatory agencies. Contractor is responsible for all costs of clean up and/or removal of hazardous and toxic substances spilled as a result of his or her Work. Contractor is aware of the requirements of
California Labor Code Sections 1720 et seq. and 1770 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other
requirements on certain "public works" and "maintenance" projects. If the Work is being performed as part of an
applicable "public works" or "maintenance" project, as
defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold CITY, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

Any stop orders issued by the Department of Industrial
Relations against Contractor or any subcontractor that affect Contractor’s performance of services, including any delay, shall be Contractor’s sole responsibility and Contractor shall indemnify CITY from liability arising out of the same. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815), contractor registration (Labor Code Sections 1725.5 and 1771.1) and debarment of
contractors and subcontractors (Labor Code Sections
1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code
section 1771.4 and to be registered with the Department of Industrial Relations 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 1771.4, 1725.5 and 1771.1.

4. Standard of Care. The Contractor shall perform the work in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the
profession practicing under similar conditions. Contractor shall also comply with State and Federal Environmental and Safety Regulations as they apply to the scope of work.

5. Insurance. Contractor shall take out and maintain: A.

Commercial General Liability Insurance, of at least
$1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01, naming CITY as an Additional Insured; B. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per occurrence for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto); C. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and D.

Contractors providing professional services shall provide Professional Liability (Errors and Omissions) Insurance of at least $1,000,000. Insurance carriers shall be licensed to do business in California and maintain an agent for process within the state. Such insurance carrier shall have not less than an "A:VII" rating according to the latest Best Key Rating unless otherwise approved by CITY. If attached, Contractor shall refer to Exhibit “A” – Insurance Requirements, for further insurance requirements applicable to Contractor.

6. Indemnification. The Contractor shall indemnify and hold harmless CITY, its officials, officers, agents and employees from and against any and all claims, liabilities, expenses or damages, including reasonable attorneys’ fees, for injury or death of any person, or damage to property, or interference with use of property, or patent infringement or fees for use of patented items, or any claim of the Contractor or a
subcontractor for wages or benefits which arise in connection with the performance of the Contract, except to the extent caused or resulting from the active or sole negligence or willful misconduct of CITY. The foregoing indemnity
includes, but is not limited to, the cost of prosecuting or defending such action with legal counsel acceptable to CITY and CITY’s attorneys’ fees incurred in such an action. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the
Contractor’s proportionate percentage of fault.

7. Laws, Venue, and Attorneys' Fees. 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. In the event of any such litigation between the parties, the prevailing party shall be entitled to recover all reasonable costs incurred, including reasonable attorney's fees, as determined by the court.

8. Termination. CITY may terminate or abandon any portion or all of the work for any or no reason by giving 10 calendar days written notice to Contractor. 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 the work. CITY shall pay Contractor the reasonable value as determined by CITY of any portion of the work completed prior to termination.

38077.00180\29085179.3 C2
CITY shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed work, and shall not be entitled to damages or compensation for
termination of work. Contractor may terminate its obligation to provide further work under this Contract upon 30 calendar days' written notice to CITY only in the event of CITY’s failure to perform in accordance with the terms of this Contract through no fault of Contractor.

9. Contract Terms. Nothing herein shall be construed to give any rights or benefits to anyone other than CITY and the Contractor. The unenforceability, invalidity or illegality of any provision(s) of this Contract shall not render the other provisions unenforceable, invalid or illegal. Notice may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the parties to the addresses set forth in the purchase order. Contractor shall not assign, sublet, or transfer this Contract or any rights under or interest in this Contract without the written consent of CITY, which may be withheld for any reason. Contractor is retained as an independent contractor and is not an employee of CITY. No employee or agent of Contractor shall become an employee of CITY. This is an integrated Contract representing the entire understanding of the parties as to those matters contained herein, and supersedes and cancels any prior oral or written understanding or representations with respect to matters covered hereunder. This Contract may not be
modified or altered except in writing signed by both parties hereto.

10. Notice of Labor Dispute. Whenever Contractor has
knowledge that an actual or potential labor dispute may delay performance under this purchase order, Contractor shall immediately notify and submit all relevant information to CITY.

11. Changes. By written notice, CITY may from time to time, direct work suspension or make changes in quantities,
drawings, designs, specifications, place of delivery or delivery schedules, methods of shipment and packaging, and property and services furnished to CITY by Contractor. If such change causes an increase or decrease in the price of this purchase order or in the time required for performance, Contractor or CITY shall promptly notify the other party thereof and assert its claim for adjustment within thirty (30) days after the change is ordered, and an equitable
adjustment shall be made. However, nothing in this clause shall excuse the Contractor from proceeding immediately with the purchase order as changed.

12. Obligations. Contractor shall be solely responsible for providing all materials, labor, tools, equipment, water, light, power, transportation, superintendence, and temporary
construction of every nature and all other services and all facilities necessary to execute, complete, and deliver the work within the specified time.

13. Damage to City Facilities. Damage to CITY or public facilities or private property caused by the Contractor or by its subcontractors during performance of services shall be repaired and/or replaced in kind at no cost to the CITY.

14. Site Safety and Cleanup. The project site shall be kept clean and free of hazards at all times during performance of services. After and installation is completed at the site, as applicable, Contractor shall clean the surrounding area to the condition prior to delivery and installation.

15. Installation. If the Contractor is responsible for providing installation services, finished installation work and/or equipment shall be subject to final inspection and
acceptance or rejection by the CITY.

16. Wage Theft Prevention. Contractor, and any
subcontractor it employs to complete work under this
purchase order, 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. By entering into this purchase order, Contractor affirms that it has disclosed any final judgments, decisions or orders from a court or investigatory government agency, finding in the five (5) years prior to the date of this purchase order that Contractor or its subcontractor(s) has violated any applicable wage and hour laws. Contractor further affirms that it or its subcontractor(s) has either fully satisfied each judgment, decision or order, or, if any judgment, decision or order has not been fully satisfied, Contractor affirms that it or its subcontractor(s) is currently satisfying said judgment, decision or order through a payment or alternative plan approved by the applicable court/government agency and
that Contractor or its subcontractor(s) are in compliance with said plan as of the date of this purchase order. If at any time during the term of this purchase order, a court or
investigatory government agency issues a final judgment, decision or order finding that Contractor or a subcontractor it employs to perform work under this purchase order has
violated any applicable wage and hour law, or Contractor learns of such a judgment, decision, or order that was not previously disclosed in its bid/proposal, Contractor shall inform the CITY no more than fifteen (15) calendar days after the judgment, decision or order becomes final or from the date of learning of the final judgment, decision or order.

Contractor or its subcontractor(s) shall, within thirty (30) calendar days after notifying the CITY, either (i) fully satisfy any such judgment, decision, or order and provide the CITY with documentary evidence of satisfying said judgment,
decision or order; or (ii) provide the CITY documentary evidence of a payment or other alternative plan approved by the court/government agency to satisfy the judgment,
decision or order. If the Contractor or its subcontractor is subject to a payment or other alternative plan, the Contractor or its subcontractor shall continue to submit documentary evidence every thirty (30) calendar days during the term of the purchase order demonstrating continued compliance with the plan until the judgment, decision or order has been fully satisfied. For purposes of this provision, a “final judgment, decision, or order” refers to one for which all appeals have been exhausted or the time period to appeal has expired.

Relevant investigatory government agencies include: the United States Department of Labor, the California Division of Labor Standards Enforcement, the CITY, or any other
governmental entity or division tasked with the investigation and enforcement of wage and hour laws. Failure to comply with any part of this provision constitutes a material breach of this purchase order. Such breach may serve as a basis for immediate termination of this purchase order and/or any other remedies available under this purchase order and/or law. Notice provided to the CITY shall be addressed to:

Attention: Finance Director, 455 E. Calaveras Blvd., Milpitas, CA 95035. The notice provisions of this paragraph are
separate from any other notice provisions in this purchase order and, accordingly, only notice provided to the above address satisfies the notice requirements in this provision.

TERMS AND CONDITIONS https://www.flocksafety.com/terms-and-conditions

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross-referenced in this Section 1.

1.1 “Anonymized Data” means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly.

1.2 “Authorized End User(s)” means any individual employees, agents, or contractors of Customer accessing or using the Services, under the rights granted to Customer pursuant to this Agreement.

1.3 “Customer Data” means the data, media and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage.

1.4. “Customer Hardware” means the third-party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.

1.5 “Embedded Software” means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware.

1.6 “Flock Hardware” means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable product addenda.

1.7 “Flock IP” means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below).

1.8 “Flock Network End User(s)” means any user of the Flock Services that Customer authorizes access to or receives data from, pursuant to the licenses granted herein.

1.9 “Flock Services” means the provision of Flock’s software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.

1.10 “Footage” means still images, video, audio and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.

1.11 “Hotlist(s)” means a digital file containing alphanumeric license plate related information pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes. Hotlist also includes, but is not limited to, national data (i.e., NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction.

1.12 “Installation Services” means the services provided by Flock for installation of Flock Services.

1.13 “Permitted Purpose” means for legitimate law enforcement purposes, including but not limited to the awareness, prevention, and prosecution of crime, investigations, prevention of commercial harm, to the extent permitted by law.

1.14 “Retention Period” means the time period that the Customer Data is stored within the cloud storage, as specified in the product addenda.

1.15 “Vehicle Fingerprint™” means the unique vehicular attributes captured through Services such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks.

1.16 “Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services.

2. SERVICES AND SUPPORT

2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non- transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the data retention time defined on the Order Form (“Retention Period”). Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Customer shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, including any acts or omissions of authorized End user which would constitute a breach of this agreement if undertaken by customer. Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage).

2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, non-transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services.

2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy-two (72) hours. Flock will provide Customer with reasonable technical and on-site support and maintenance services in-person, via phone or by email at [email protected] (such services collectively referred to as “Support Services”).

2.4 Upgrades to Platform. Flock may make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or services to its agencies, the competitive strength of, or market for, Flock’s products or services such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law. Parties understand that such upgrades are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this Agreement.

2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Flock reasonably believe Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer, to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Customer’s direct actions or by the actions of parties associated with the Customer, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term.

2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything

other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Customer’s account (“Service Suspension”). Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension.

2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately.

3. CUSTOMER OBLIGATIONS

3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer. Authorized End Users shall only use Customer-issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up to date contact information at all times during the Term of this agreement. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services. Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as “Customer Obligations”).

3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content.

4. DATA USE AND LICENSING

4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data and perform all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data.

4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty-free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell Customer Generated Data.

4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data non-identifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.

5. CONFIDENTIALITY; DISCLOSURES

5.1 Confidentiality. To the extent required by any applicable public records requests, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information includes non-public information provided by the Disclosing Party to the Receiving Party regarding features, functionality, and performance of this Agreement. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its

possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement. Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret.

5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement. Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. Customer and Authorized End Users shall not: (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (vi) use the Flock Services for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There are no implied rights.

5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations.

6. PAYMENT OF FEES

6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than thirty (30) days after the closing date on the

first invoice in which the error or problem appeared to receive an adjustment or credit.

Customer acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days’ prior written notice to Customer of the payment delinquency before exercising any suspension right.

6.2 Notice of Changes to Fees. Flock reserves the right to change the fees for subsequent Renewal Terms by providing sixty (60) days’ notice (which may be sent by email) prior to the end of the Initial Term or Renewal Term (as applicable).

6.3 Late Fees. If payment is not issued to Flock by the due date of the invoice, an interest penalty of 1.0% of any unpaid amount may be added for each month or fraction thereafter, until final payment is made.

6.4 Taxes. Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock’s net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge customer any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required.

7. TERM AND TERMINATION

7.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Term”). Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. In the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period (“Cure Period”). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the

other Party's dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre-paid fees for Services not received due to such termination.

7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9,

10.1 and 11.6.

8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER

8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Customer must notify Flock’s technical support team.

In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.

8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that (1) Flock Services will be materially affected, and (2) that Flock shall have no liability to Customer regarding such affected Flock Services, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.

8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third- party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTS. FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT

AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,

INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. THIS DISCLAIMER ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 11.6.

8.5 Insurance. Flock will maintain commercial general liability policies to be provided as Exhibit B.

8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third- party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions.

9. LIMITATION OF LIABILITY; INDEMNITY

9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,

FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND

EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY

SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS

RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR REASONABLE CONTROL
INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE;

OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED

WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID AND/OR PAYABLE BY

CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT GAVE RISE TO

THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY OF

SECTION ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION 11.6. NOTWITHSTANDING ANYTHING

TO THE CONTRARY, THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT

APPLY (I) IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS.

9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees.

9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and employees, from liability of any kind, including claims, costs (including defense) and

expenses, on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; or (ii) any damage or injury to property or person directly caused by Flock’s installation of Flock Hardware, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees. Flock’s performance of this indemnity obligation shall not exceed the fees paid and/or payable for the services rendered under this Agreement in the preceding twelve (12) months.

10. INSTALLATION SERVICES AND OBLIGATIONS

10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock.

Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right.

10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow.

Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location and will provide alternative options to Customer.

10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, re-positioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at (https://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice and confirm approval of any such fees.

10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide. (“Customer Obligations”). Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock

Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation.

10.5 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date of this Agreement. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this agreement, provided that Flock’s use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock’s obligations under this Agreement.

11. MISCELLANEOUS

11.1 Compliance with Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s).

11.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.

11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral , communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected.

Any mutually agreed upon purchase order is subject to these terms. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer’s purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature.

11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind

each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer.

11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state in which the Customer is located. The Parties hereto agree that venue would be proper in the chosen courts of the State of which the Customer is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.

11.7 Special Terms. Flock may offer certain special terms which are indicated in the proposal and will become part of this Agreement, upon Customer’s prior written consent and the mutual execution by authorized representatives (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.

11.8 Publicity. Flock has the right to reference and use Customer’s name and trademarks and disclose the nature of the Services in business and development and marketing efforts.

11.9 Feedback. If Customer or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Customer or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.

11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section 2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system. Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.

11.12 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing.

11.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise.

11.14 Morality. In the event Customer or its agents become the subject of an indictment, contempt, scandal, crime of moral turpitude or similar event that would negatively impact or tarnish Flock’s reputation. Flock shall have the option to terminate this Agreement upon prior written notice to Customer.

11.15 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. All notices will be provided to the email or mailing address listed in the Order Form.

11.16 Non-Appropriation. Notwithstanding any other provision of this Agreement, all obligations of the Customer under this Agreement which require the expenditure of funds are conditioned on the availability of funds appropriated for that purpose.

Customer shall have the right to terminate this Agreement for non appropriation with thirty (30) days written notice without penalty or other cost.

These Terms and Conditions are subject to change.

Resolution No.

RESOLUTION NO.

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

THE CITY MANAGER TO EXECUTE THE SOLE SOURCE SERVICES AGREEMENT WITH FLOCK GROUP, INC. FOR AUTOMATED LICENSE PLATE READER (ALPR) CAMERAS IN AN AMOUNT NOT-TO-EXCEED $732,000; AND AUTHORIZE THE CHIEF

OF POLICE TO EXECUTE CONTRACT CHANGE ORDERS IN AN AGGREGATE AMOUNT NOT-TO-EXCEED $91,500.

WHEREAS, On April 28, 2020, the City approved a one-year agreement with Flock Group, Inc. for the installation of an initial 20 automated license plate reader (ALPR) cameras. The original contract was a not-to-exceed amount was $40,000, and;
WHEREAS, on May 26, 2020, the Purchasing Agent designated Flock Group, Inc as the “Sole Source” provider of Falcon ALPR wireless cameras with patented machine learning technology in accordance with Municipal Code Section I-2-3.06 “Sole Source Procurement”. Section I-2-3.06 of Milpitas Municipal Code authorizes the City Council to award contracts without competition when the Purchasing Agent determines that there is only one (1) source for the required supply or service. This designation is active for five (5) years ending on May 25, 2025, and;
WHEREAS, Due to the success of the ALPR camera program, the Police Department requested to expand the program by an additional 15 cameras. On April 15, 2021, the City approved an additional one- year Sole Source agreement with Flock Safety for the installation of the 15 additional ALPR cameras and the additional compensation amount of $41,250 ($2,500 per camera) for the new cameras combined for a not-to- exceed amount of $81,250. Upon doing so, the City had two separate contracts with differing end of term dates, and;
WHEREAS, On September 20, 2022, the City Council approved a resolution authorizing the City Manager to execute a three-year extension of the existing agreements with Flock Group, Inc. in an amount not-to-exceed $314,750, which also included a $78,500 contingency for future growth (up to 10 additional cameras). This resolution extended the contract end dates of the 35 existing cameras to 2023 (for the initial set of 20 cameras) and 2024 (for the additional set of 15 cameras). A total of $196,387 of the total not-to- exceed amount of $314,750 has been expended to date, and; WHEREAS, In preparation for the expiration of the originating contract for the 20 initial cameras, the Police Department completed an analysis of the current ALPR camera deployment. The Police Department determined the current deployment is still relevant but identified several areas in the City that could benefit from the installation of additional ALPR cameras to reduce crime, and; WHEREAS, Upon initiating a renewed contract with Flock Group, Inc., staff learned that the per camera cost increased to $3,000 per unit and is expected to increase more in future years. However, the vendor is offering grandfathered pricing to existing customers who enter a 5-year agreement. The Police Department is seeking Council approval for a 5-year contract for the existing 35 cameras, 20 new cameras to be installed immediately, and a contingency for additional cameras to be installed during the 5-year contract period based on evolving crime trends and public safety needs. This new contract would align all 55 cameras into a single contract to commence immediately upon execution of the contract. The proposed agreement has a not-to- exceed amount of $732,000 which includes a contingency of $91,500 for future growth based on evolving crime trends and public safety needs, and;
WHEREAS, Flock Group, Inc has submitted the “Amendment” labeled EXHIBIT – A in the amount of $640,500 with a 60 month term based on the “Effective Date” both parties sign, and ;

Resolution No.

WHEREAS, staff recommends adding a contingency of $91,500 to account for the potential addition of up additional ALPR cameras for the extent of the proposed agreement (annual cost per camera: $3,000, plus a $150 one-time implementation fee per camera). The contingency would allow for the timely expansion of the ALPR program, if and as needed, to further address public safety including shifting crime trends, and:

WHEREAS, Staff also recommends authorizing the Chief of Police to execute contract change orders in an aggregate amount not to exceed $91,500.

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

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

2. The City Council hereby authorizes the City Manager to execute the Sole Source Services Agreement with Flock Group, Inc. for Automated License Plate Reader (ALPR) cameras in an amount not to exceed $732,000, which includes a contingency of $91,500, and renewal of the Agreement for one three-year period subject to annual appropriation of funds.

3. The City Council hereby also authorizes the Chief of Police to execute contract change orders in an aggregate amount not-to-exceed $91,500.
.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:

Michael Mutalipassi, City Attorney

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Approve Three Utility Boxes for Repainting During FY 2024 (Staff Contact:

Renee Lorentzen, Recreation and Community Services Director, 408-586-3409; and Tegan McLane, Recreation and Community Services Assistant Director, 408-586-3212)
Category: Community Services and Sustainable Infrastructure Meeting Date: 12/5/2023
Recommendation: Approve locations for three (3) Utility Box murals for the FY 24 Mural Program.

BACKGROUND:

The City of Milpitas, like most Bay Area cities, has painted utility boxes as part of its public art program. Painted utility boxes are inexpensive but effective forms of public art, widely considered to add color and interest to a streetscape, assist with placemaking, and help deter graffiti when in good condition.

Utility box murals are generally considered temporary artwork. All murals fade over time, and generally last between 7-10 years. Utility boxes tend to have even shorter lifespans since the traffic signal cabinets they are painted on can be damaged or require replacement for other functional reasons. Additionally, it is usually more cost-effective to paint a brand-new utility box mural than to bring an established artist back to repair artwork they may have painted as an emerging artist or student years prior.

Utility box murals follow the Mural Program Policy that City Council approved in August 2021, and are part of the annual mural plan because they are an entry-level project for emerging artists.

ANALYSIS:

Milpitas has 19 Utility Box Murals, which were painted between 2013-2015. Of those, ten are in fair to good condition, five have irreparable damage to the artwork, and four cabinets have been replaced or repaired with now completely or partially repainted facades.

Staff has reviewed the conditions of the existing painted utility boxes. Staff recommended the following three of the five irreparable boxes be prioritized for FY 2024 – Jacklin/Escuela, Yosemite/Sinclair Frontage, Calaveras/Gadsden at the April 24, 2023 Arts Commission meeting due to their condition, high visibility and requests received from resident for repair. The Arts Commission voted to recommend City Council final approval of these box locations for FY24.

The budget for each individual box to be repainted is $1,800 for a total of $5,400 for three boxes. All boxes will receive anti-graffiti coating after the mural has been painted.

Staff are concurrently working on the VTA Murals, Dixon Landing Park, and Historical Park Marker projects this fiscal year. Three is a manageable number of utility boxes given the other public art projects that staff is currently overseeing at this time. Because utility boxes are frequently an entry-level project for emerging artists, they require a certain amount of artist mentorship by staff.

Upon approval of the three utility box mural locations, staff will continue to follow the Mural Program Policy procedures and select one Arts Commissioner, two stakeholders, and two community members to serve as a selection committee for each box project. The selection committees will meet in January to choose a shortlist

of artists to be invited to submit designs and any "theme" for their neighborhood's box. Staff will strongly encourage Milpitas artists for consideration and award, as the Mural Program policy requires at least one project completed by a Milpitas resident each year.

Short-listed artists will have approximately one month to return design concepts at the end of February.

Selection committees will reconvene in March to review the designs and finalize selection. Per the Council- approved Mural Program policy, individual designs are not required to go to either the Arts Commission or City Council. Staff will secure contracts with each artist and oversee box fabrication. Painting will begin in May and should be complete in June.

It is anticipated that the remaining two irreparable utility box murals located at the intersections of Yellowstone/Landess and Barber Lane/Bellew will be included in the FY24-25 Mural Program.

POLICY ALTERNATIVE(S):

Alternative 1: Select different utility boxes.

Pros: This will allow the City Council to prioritize different intersections if it wishes.

Cons: This would delay the replacement of the most severely damaged utility box murals and could result in less artwork throughout the City if the damaged murals are repainted to blank.

Alternative 2: Select additional utility boxes.

Pros: This would allow the City to replace damaged utility boxes and install new ones at a faster rate.

Cons: This would require more staff time, impacting their ability to work on other planned projects. This could require additional funds allocation from the Public Art Fund and reprioritization of other existing public art projects.

Alternative 3: Select fewer or no utility boxes.

Pros: This would allow public art funds to be used for other projects and free up staff time, to allow staff to concentrate on other projects.

Cons: This would delay the replacement of the most severely damaged utility box murals and could result in less artwork throughout the City if the damaged murals are repainted to blank.

FISCAL IMPACT:

There is no fiscal impact on the City’s operating budget. Utility box murals can be funded sufficiently with the Public Art Capital Improvement Program project (CIP 3489) to fund the proposed utility boxes. Funding source comes from the Public Art Fund. As of December 7, 2023, the balance in Public Art CIP 3489 is $523,889.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The project entails replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced and is exempt from CEQA pursuant to Cal. Code Regs., tit. 14, § 15302.

RECOMMENDATION:

Approve locations for three (3) Utility Box murals for the FY 24 Mural Program.

ATTACHMENT(S):
(a) Boxes recommended for repainting in FY24.
(b) Map of painted utility boxes.

Boxes Recommended for Repainting in Current FY2024
Jacklin/Escuela

Yosemite/Sinclair

Calaveras/Gadsden

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CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Adopt a Resolution to Amend the City of Milpitas’ Classification Plan to establish the classifications of City Engineer and Public Works Division Manager, Aligned with the Realignment of the Engineering and Public Works Departments (Staff Contact: Matt Cano, Deputy City Manager, 408-586-3012; and Christian Di Renzo, Public Works Director, 408-586-2602) Category: Consent Calendar-Leadership and Support Services Meeting Date: 12/12/2023
Recommendation: Adopt a resolution to amend the City of Milpitas’ Classification Plan to establish the classification of City Engineer, reclassify CIP Manager and Transportation & Traffic Manager to Public Works Division Manager – Engineering, reclassify one Public Works Manager to Public Works Division Manager – Operations, and delete the classifications of Engineering Director and Assistant City Engineer.

BACKGROUND:

Prior to adoption of the FY23-24 Budget, the City had been working closely with internal stakeholders and consultants to review the City’s service delivery model and organizational structure, including stakeholder interviews and peer cities comparisons. After a careful review, the City administration recommended realigning the Engineering and Public Works Departments into one department to allow the City to improve service delivery to our residents and businesses. As part of the budget approval process in Spring 2023, the Mayor and City Council voted to hold off on this realignment pending the recruitment of the new City Manager.

Following the appointment of the new City Manager in October 2023, the City administration team reviewed the prior proposal and reaffirmed that this proposed realignment would improve service delivery to our residents and businesses.

ANALYSIS:

Realigning Engineering and Public Works into one Department would allow for a singular management vision, leading to improved collaboration and accountability between operations, maintenance and engineering functions, while also eliminating mission ambiguity. Staff retention and succession planning would benefit, which equates to better service delivery. This structure is common across other organizations, makes sense for organizations the size of Milpitas, and will allow for more streamlined internal processes and improve efficiency among the working groups.

Staff recommends that the new department retain the name “Public Works Department.” This is a name that is commonly used by cities for a department that provides engineering, maintenance and operations services.

The new department would be overseen by the existing Public Works Director. The Engineering Director position (which is vacant) will be reclassified to a new classification titled “City Engineer”. The updated divisions within the Public Works Department would be 1) Engineering, 2) Operations (which includes Facilities, Parks, Streets and Fleet), 3) Utilities Operation & Maintenance, 4) Sustainability and Compliance, and 5) Administration.

In order to create equity amongst the division leadership in the new department and facilitate internal promotional paths for future growth, staff is requesting that three existing unrepresented management positions be reclassified into a new position with the title Division Manager. Both incumbents in the CIP Manager and Transportation & Traffic Manager positions would be reclassified to Public Works Division Manager – Engineering and the incumbent in the Public Works Manager position would be reclassified to the position of Public Works Division Manager - Operations. As the CIP Manager and Transportation & Traffic Manager positions are singular classifications, they would be extraneous and therefore deleted. The Public Works Manager classification will still have a full-time equivalent position associated with it and is still required for department operations, so it will be retained.

The proposed salary of the City Engineer has been established with an internal alignment to the classification of Deputy Public Works Director. Both classifications require a similar level of education and experience. The annual salary is set at $157,977.04 - $221,167.96.

The Public Works Division Manager – Engineering classification will report to the City Engineer and will have Principal Civil Engineers (amongst others) reporting to them. The Public Works Division Manager – Operations classification will report to the Director and/or Deputy Director of Public Works and have the Public Works Manager and Public Works Lead classifications reporting to it. The proposed salary for both Public Works Division Manager classifications is set at $159,190.99 - $198,988.74 and has been established to be placed appropriately between the Principal Civil Engineer/Public Works Manager and the new Deputy Director/City Engineer classifications.

The below table provides a summary of the recommended adjustments to currently budgeted Full Time Equivalent Positions. All of these changes are being made to unrepresented management positions.

Existing Position Status of
position
Change
CIP Manager Filled Reclassify to Public Works Division Manager – Engineering (new classification)
Transportation & Traffic Manager Filled Reclassify to Public Works Division Manager – Engineering (new classification)
Public Works Manager (Facilities
Fleet)
Filled Reclassify to Public Works Division Manager –
Operations (new classification)
Director of Engineering Vacant Add-Delete to City Engineer (new classification) The following Unrepresented job titles will be deleted from the City’s job classification/salary table as they would no longer be filled and/or needed.
•CIP Manager
•Transportation & Traffic Manager
•Director of Engineering
•Assistant City Engineer (there is not currently budgeted FTE for this classification and this classification is not currently being utilized by the City)
The following Unrepresented job titles will be added to the City’s job classification/salary table:
•Public Works Division Manager – Engineering
•Public Works Division Manager – Operations
•City Engineer
POLICY ALTERNATIVE(S):

Alternative 1: Do not realign the Engineering and Public Works Department and do not amend the classification salary schedule.

Pros: Some staff time will be saved as a result of keeping the current department structure status quo.

Cons: The City will not be able to operate as efficiently and thus not be able to provide a higher level of service to businesses and residents.

FISCAL IMPACT:

The fiscal impact for all job classifications recommended is $50,000 net increase of costs for FY2023-24, which will be absorbed within the adopted FY 2023-24 budget. However, this fiscal impact will not occur immediately as the staff in this classification are not at the top of the salary range. Specifically, the approximate impacts are as follow:

•Engineering:
o$36,800, net savings for deletion of Director of Engineering and addition of City Engineer o$22,100, net increase for CIP Manager reallocation to PW Division Manager – Engineering o$24,400, net increase for Transportation & Traffic Manager reallocation to PW Division Manager – Engineering
•Operations:
o$40,700, net increase for Public Works Manager (Facilities Fleet) reallocation to PW Division Manager – Operations
As part of the realignment, the existing (vacant) Public Works Manager position will have a primary focus on project management and delivery of capital improvement projects. The $50,000 ongoing increased costs will primarily come from the General Fund. In order to ensure that this does not result in an increased $50,000 General Fund request in the Fiscal Year 2024-2025 Operating Budget development process, the intent will be for the extra $50,000 to be funded through the programmed Capital Improvement Program Projects and Programs that the Public Works Manager will be overseeing.

California Environmental Quality Act (CEQA):

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

RECOMMENDATION:

Adopt a resolution to amend the City of Milpitas’ Classification Plan to establish the classification of City Engineer, reclassify CIP Manager and Transportation & Traffic Manager to Public Works Division Manager – Engineering, reclassify one Public Works Manager to Public Works Division Manager – Operations, and delete the classifications of Engineering Director and Assistant City Engineer.

Attachment(s):

1. Classification Specification for City Engineer

2. Classification Specification for Public Works Division Manager – Engineering

3. Classification Specification for Public Works Division Manager – Operations

4. Resolution Amending Resolution No. 1626, the Classification Plan including updated salary table and Unrep benefits matrix”.

5. Revised organization charts

CITY OF MILPITAS
City Engineer

CITY OF MILPITAS
EFFECTIVE: April 2023
EEOC: Officials/Admin
UNIT: Unrepresented
PHYSICAL: 1

CITY ENGINEER

DEFINITION

To lead, plan, organize, direct and oversee the activities and operations of the Engineering Division within the Department of Public Works. The Engineering Division includes the areas of land development, traffic, design, construction, and inspection. This position will formulate policy, develop goals and objectives, supervise staff and develop and oversee the development of the City’s capital improvement program budget; performs professional civil engineering work; and performs other duties as assigned.

SUPERVISION RECEIVED AND EXERCISED

• Receives administrative direction from the Director of Public Works.

• Exercises direct and indirect supervision over professional, technical inspection and office administrative positions.

EXAMPLES OF DUTIES - Duties may include, but are not limited to, the following:

Lead and support the Engineering Division with a focus on staff celebration, training, development and retention.

Effectively collaborate in partnership with other divisions of Public Works and other City Departments.

Lead, plan, organize, direct and manage the Engineering Division activities, programs and projects including engineering design, development, survey, construction and inspection for the City; includes consultant contract administration; includes oversight of the areas of engineering, land development, traffic, design, utilities, and inspection.

Leads the development and implementation of both short-range and long-range goals, objectives, policies, and procedures relative to public works engineering activities and maintenance operations.

Leads strategy development to secure sustainable funding for the City’s infrastructure backlog.

Resolves work problems and interprets administrative policies for staff, other departments, and the public.

Administers contracts for the construction of municipal facilities and other related activities.

CITY OF MILPITAS
City Engineer

Oversees the advertisement and bidding of CIP Projects and provide technical assistance for bid documents.

Determines scope of engineering projects, review plans of private contractors, make technical engineering decisions, and establish technical criteria and standards.

Manages, oversees and participates in the preparation and administration of the Capital Improvement Program.

Represents the Engineering Division at City Council, local and regional commission meetings.

Proposes and reviews developer conditions; negotiates development conditions; meets and discusses City requirements with developers, contractors, and engineers.

Prepares and administers the division budget; authorizes all requisitions and payments within the division.

Prepares and presents technical and non-technical recommendations to the City Council after considering alternatives, advisability, and conformance of proposals with applicable codes, rules, regulations, and the law.

Coordinates capital improvement program and project activities with other City departments and with outside agencies.

Prepares a variety of reports, correspondence and special studies.

Responds to complex citizen inquiries and concerns.

Supervises, coordinates, and reviews all staff activities.

Provides professional and technical staff assistance.

Performs related duties as assigned.

QUALIFICATIONS

Knowledge of:
• Principles and practices of civil engineering administration as applied to the design and construction of public works facilities and projects.
• Technical, legal, and financial requirements relating to contracts and administration. • Recent developments, current literature, and sources of information regarding civil engineering and public works.
• Applicable Federal, State and local laws, rules, and regulations related to engineering and the development and construction of public works.

CITY OF MILPITAS
City Engineer

• Methods of preparing designs, plans, specifications, estimates, reports, and recommendations relating to street, water, sanitary sewer, storm sewer, traffic signals, lighting, and landscaping systems.
• Principles of organization, administration, budget, and personnel and office management.

Ability to:
• Lead and support a team;
• Plan, organize, direct, and review the activities of a large City division. • Make complex engineering calculations and prepare engineering plans and specifications. • Coordinate, schedule, and program work on a long-term basis. • Communicate effectively, orally and in writing.
• Prepare and administer a department budget.
• Prepare and administer the Capital Improvement Program. • Prepare accurate and comprehensive reports.
• Draft contract documents and administer the same.

Ability to:
• Establish and maintain positive and effective working relationships with City staff, developers, consultants, engineers, and the general public.

EXPERIENCE AND EDUCATION

Experience: Six years of recent, continuous, progressively responsible professional engineering experience, including three years at the mid-management/supervisory level..

Education: A Bachelor of Science degree in engineering from an accredited college or university.

LICENSE AND CERTIFICATE
• Possess and maintain a current certificate of registration as a Professional Civil Engineer in the State of California.
• Possess and maintain an appropriate, valid California Driver's License.

SPECIAL REQUIREMENTS:

Essential duties require the following physical abilities and work environment.

Typically, work is performed in an office environment and at construction sites; exposure to outdoor elements; extensive use of the telephone and computer; repetitive keyboarding on a computer; ability to walk on uneven ground; sit for extended periods; maintain concentration and focus for extended periods; drive daily to various locations within and outside the City of Milpitas; ability to work safely in a hard-hat construction zone.

CITY OF MILPITAS
City Engineer

Approved by:

______________________________________________
City Manager Date

______________________________________________
Human Resources Director Date

City of Milpitas
Effective: December 2023
Public Works Division Manager - Engineering Revised:

EEOC: Professional
FLSA: Exempt
Unit: Unclassified
Physical: 1

DEFINITION

Under general direction, incumbents are responsible for planning, organizing, directing, implementing and coordinating operational and administrative service functions of a division within the Department of Public Works and assisting the Director, Deputy Director(s) and City Engineer in the formulation and implementation of department policies and procedure. The Public Works Division Manager – Engineering will have responsibility for a Division within Public Works that oversees one or more of the following programs: (1) Providing professional planning, management, funding and engineering services for the development and implementation of the City’s annual Capital Improvement Program (CIP) and projects ; (2) Performing construction inspection services for capital and private development projects impacting City property and public right-of-way; (3) plan review, permitting and oversight of private development projects within the public right-of-way; (4) planning, implementation and oversight of the City’s transportation network; (5) Regional coordination in the areas of flood control, urban runoff and transportation; (6) Oversight of planning and implementation for the City’s underground utilities and (6) additional Engineering related responsibilities.

DISTINGUISHING CHARACTERISTICS

This is a management position in the unrepresented service, responsible for leading the implementation of projects, programs and/or operations within the Department of Public Works.

This classification is distinguished from the higher-level Director, Deputy Director and City Engineer in that the former is charged with division authority and/or technical responsibilities and the latter has responsibility department-wide strategic leadership. The Division Manager oversees multiple core service functions of the department with distinct objectives with measurable results for the community whose goals, objectives and policies have a considerable impact on organizational priorities.

SUPERVISION RECEIVED AND EXERCISED

Receives direction from the Director, Deputy Director and City Engineer.

Exercises general supervision over professional, technical, inspection, and field personnel as assigned and in-direct supervision over subordinate staff within the Division.

EXAMPLES OF DUTIES - Duties may include, but are not limited to, the following:

 Supervises subordinate management, supervisory and professional staff to include:
prioritizing and assigning work; conducting performance evaluations; ensuring staff are trained; and making hiring, termination, and disciplinary recommendations.  Directs, plans, implements, and evaluates department programs; prepares and implements work plans for assigned division.
 Participates in and advises on the development of department policy; develops and implements departmental goals, objectives, and guidelines as part of the department executive management team.
 Prepares and implements capital improvement and/or operations budgets for assigned division.
 Applied for an directs allocation of grant funds; negotiates contracts, agreements, and leases.
 Presents reports and information to the City Council, boards, committees, and other divisions or departments.
 Ensures the divisional compliance with federal and state laws, rules, and regulations and local codes and standards.
 Performs other duties of a similar nature or level.

When focused on Oversight of the Capital Improvement Program and projects section:
 Shall lead the development and implementation of the City’s Capital Improvement Program (CIP).
 Lead in the development and application of the design & construction policies, following general guidelines or professional and administrative standards in accomplishing assignments.
 Perform project management of design and construction of major and minor capital improvement projects.
 Prioritize and direct the work of the City CIP and be responsible for quality, schedule and cost control; work closely with the City Engineer to coordinate CIP work.  Interpret and apply relevant codes, ordinances, rules, and regulations. Meet and confer with developers, contractors, engineers and the general public relative to City policies, regulations, and procedures; coordinate discrepancies and problem situations with outside parties.
 Prepare and/or review improvement agreements.
 Administer and/or oversee the administration of contracts; review and approve payments and billing for contracted services.
 Prepare and Issue Requests for Proposals (RFPs) to engage qualified consultants in contracts, and administering contracts, preliminary design, design, cost-estimating, scheduling, bidding and constructing, and reporting on all City CIP projects and programs.

 Review, approve and sign engineering drawings when appropriate.  Perform field investigations, construction site field reviews, and inspections.

When focused on Transportation, Traffic and Private Development:
 Develop and implement a program for seeking outside funding for transportation-related funding through regional, state and federal allocations and grants;  Provide regional traffic management and planning with surrounding agencies to address regional transportation-related problems and to develop and recommend future transportation planning goals affecting Milpitas.
 Manage, plan, supervise, and oversee and implement comprehensive Citywide traffic and transportation-related programs to promote the safe, orderly, and efficient movement of traffic including pedestrian, bicycle, vehicle, and transit.  Plan, develop, direct, and implement short-range and long-range transportation improvement plans, studies, and related Capital Improvement Program projects.  Monitor and assess City traffic conditions; coordinate with operations teams to adjust signal timing as necessary to minimize roadway congestion.  Investigate and collect City traffic and accident data; identify and illustrate traffic problems, identifying and recommending appropriate solutions; implement improvements to traffic signs, signals, and markings as needed.
 Perform traffic impact analysis scoping and review; review plans and anticipated impact on circulation and traffic flow; develop conditions of approval for public and private projects.
 Provide management information and reports as required for Federal, State and local, agencies.
 Review and sign traffic engineering drawings, specifications, traffic studies and reports when necessary.
 Oversee the review, permitting, and management of private development projects within the public right-of-way.
 Actively enforce the requirements of the City’s Municipal Regional Stormwater Permit (NPDES) to protect the City’s storm drain system and waterways.  Lead the City participation in the Community Rating Service (CRS) program and by regulation of construction within the SFHA to help reduce the cost of mandatory flood insurance for Milpitas residents living with the SFHA.

QUALIFICATIONS

Knowledge of:
 Principles and practices of engineering as applied to assigned section.  Principles of organization, administration, budget, and personnel management.  Principles and practices of modern office management.  Pertinent Federal, State, and local codes, laws, and regulations.  Conflict resolution skills.

Ability to:
 Prepare clear and comprehensive reports.
 Deal tactfully and effectively with the general public, civic and community groups and public officials.
 Supervise, train, and evaluate professional and technical staff as assigned.  Provide written reports, technical memoranda, and provide presentations to the City Council, Planning Commission, Council committees, and the public.  Attend work-related meetings outside of normal business hours.  Make field visits and inspections of sites.
 Communicate effectively in person, over the telephone and in writing.  Build and maintain positive working relationships with co-workers, other City staff, organizations and their representatives, and the general public, exhibiting exceptional customer service and communication skills.

EDUCATION AND EXPERIENCE

Six years of progressively responsible directly related experience, including three years of supervisory experience and a Bachelor’s degree from an accredited college or university in engineering

LICENSE OR CERTIFICATE

Possession and maintenance of a valid California Driver’s License is required.

Registration as a Professional Civil Engineer in the State of California is required.

SPECIAL REQUIREMENTS:

Essential duties require the following physical abilities and work environment.

Work is performed in an office environment, as well as outdoor environment during all weather conditions, such as providing field reviews/observations. Duties and typical tasks also include performing site visits to construction sites; extensive use of the telephone, radios, and computers with repetitive keyboarding; ability to walk on uneven ground; and drive to various locations daily.

Ability to work safely in a hard-hat and construction zone is essential. Some exposure to Municipal public works related chemicals and products.

Approved by:

___________________________________________
City Manager Date

Human Resources Director Date

In compliance with the Americans with Disabilities Act, the City of Milpitas will provide reasonable accommodation to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the Human Resources Department.

The City of Milpitas is an Equal Opportunity Employer.

City of Milpitas
Effective: December 2023
Public Works Division Manager - Operations Revised:

EEOC: Professional
FLSA: Exempt
Unit: Unclassified
Physical: 1

DEFINITION

Under general direction, incumbents are responsible for planning, organizing, directing, implementing, and coordinating operational and administrative service functions of a division within the Department of Public Works and assisting the Director, Deputy Director(s) and City Engineer in the formulation and implementation of department policies and procedures. The Public Works Division Manager – Operations will have responsibility for a Division within Public Works that oversees one or more of the following programs: (1) Oversight, Operations and Maintenance of the City’s Above-Ground Infrastructure including but not limited to buildings, streets, landscaping, lighting, parks and trees; (2) Planning and implementation of minor capital improvement programs and projects to rehabilitate the City’s infrastructure; and (3) Planning, acquisition and maintenance of the City’s Fleet.

DISTINGUISHING CHARACTERISTICS

This is a management position in the unrepresented service, responsible for leading the implementation of projects, programs and/or operations within the Department of Public Works.

This classification is distinguished from the higher-level Director, Deputy Director and City Engineer in that the former is charged with division authority and/or technical responsibilities and the latter has responsibility for department-wide strategic leadership. The Division Manager oversees multiple core service functions of the department with distinct objectives with measurable results for the community whose goals, objectives and policies have a considerable impact on organizational priorities.

SUPERVISION RECEIVED AND EXERCISED

Receives direction from the Director, Deputy Director, and City Engineer.

Exercises general supervision over professional, technical, inspection, and field personnel as assigned and in-direct supervision over subordinate staff within the Division.

EXAMPLES OF DUTIES - Duties may include, but are not limited to, the following:

• Supervises subordinate management, supervisory and professional staff to include:
prioritizing and assigning work; conducting performance evaluations; ensuring staff are trained; and making hiring, termination, and disciplinary recommendations.

• Directs, plans, implements, and evaluates department programs; prepares and implements work plans for assigned division.
• Ensures compliance with the City’s IIPP
• Participates in and advises on the development of department policy; develops and implements departmental goals, objectives, and guidelines as part of department executive management team.
• Prepares and implements capital improvement and/or operations budgets for assigned division.
• Applies for an directs allocation of grant funds; negotiates contracts, agreements, and leases.
• Presents reports and information to the City Council, boards, committees, and other divisions or departments.
• Ensures the divisional compliance with federal and state laws, rules, and regulations and local codes and standards.
• Performs other duties of a similar nature or level.
• Oversees robust preventative maintenance program for City’s above ground facilities; • Oversees planning, acquisition, disposal and maintenance of the City’s fleet; • Oversees daily maintenance of the City’s above ground facilities;

QUALIFICATIONS

Knowledge of:
• Principles and practices of maintenance and operations as applied to assigned section. • Principles of organization, administration, budget, and personnel management. • Principles and practices of modern office management. • Pertinent Federal, State, and local codes, laws, and regulations. • Conflict resolution skills.

Ability to:
• Prepare clear and comprehensive reports.
• Deal tactfully and effectively with the general public, civic and community groups and public officials.
• Supervise, train, and evaluate professional and technical staff as assigned. • Provide written reports, technical memoranda, and provide presentations to the City Council, Planning Commission, Council committees, and the public. • Attend work-related meetings outside of normal business hours. • Make field visits and inspections of sites.
• Communicate effectively in person, over the telephone and in writing.

• Build and maintain positive working relationships with co-workers, other City staff, organizations and their representatives, and the general public, exhibiting exceptional customer service and communication skills.

EDUCATION AND EXPERIENCE

Six years of progressively responsible directly related experience, including three years of supervisory experience and a Bachelor’s degree from an accredited college or university.

The Bachelor’s degree requirement may be waived if the applicant has at least 10 years of experience in city government operations with at least 5 years of management responsibility, or equivalent years of related private sector experience.

LICENSE OR CERTIFICATE

Possession and maintenance of a valid California Driver’s License is required.

SPECIAL REQUIREMENTS:

Essential duties require the following physical abilities and work environment.

Work is performed in an office environment, as well as outdoor environment during all weather conditions, such as providing field reviews/observations. Duties and typical tasks also include performing site visits to construction sites; extensive use of the telephone, radios, and computers with repetitive keyboarding; ability to walk on uneven ground; and drive to various locations daily.

Ability to work safely in a hard-hat and construction zone is essential. Some exposure to Municipal public works related chemicals and products.

Approved by:

___________________________________________
City Manager Date

Human Resources Director Date

In compliance with the Americans with Disabilities Act, the City of Milpitas will provide reasonable accommodation to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the Human Resources Department.

The City of Milpitas is an Equal Opportunity Employer.

City RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING RESOLUTION NO. 1626, THE CLASSIFICATION PLAN, TO APPROVE AND ADOPT THE CLASSIFICATIONS PAY

SCHEDULES, AMEND BUDGETED ALLOCATED POSITIONS, AND AMEND THE UNREPRESENTED

BENEFITS MATRIX
WHEREAS, the City of Milpitas has a Classification Plan adopted as Resolution No. 1626 on December 17, 1968, which has been amended from time to time, and which is in accordance with the Personnel Rules and Regulations of the City of Milpitas (Resolution No. 792 as amended); and
WHEREAS, amendments to the Classification Plan are necessary to account for changes within the organization, transfer of duties, new job responsibilities, and adjustments to salary ranges; WHEREAS, the City is required to publish publicly available approved and adopted pay schedule(s) for all positions within the Classification Plan pursuant to the California Code of Regulations, 2 CCR §570.5.

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

1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it.

Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.

2.Resolution No. 1626, as amended, is hereby further amended effective December 5, 2023 as set forth below.

A.AUTHORIZE THE FOLLOWING POSITIONS:

Add One (1) FTE City Engineer – Public Works Department B.RECLASSIFY THE FOLLOWING BUDGETED ALLOCATED POSITIONS:

Reclassify One (1) FTE CIP Manager to Public Works Division Manager – Engineering (Public Works Department)
Reclassify One (1) FTE Transportation and Traffic Manager to Public Works Division Manager – Engineering (Public Works Department)
Reclassify One (1) FTE Public Works Manager to Public Works Division Manager – Operations (Public Works Department)
C.DELETE THE FOLLOWING BUDGETED ALLOCATION POSITIONS:

Delete Engineering Director
D.DELETE THE FOLLOWING CLASSIFICATION FROM THE SALARY TABLE:

Delete Assistant City Engineer
E.APPROVE THE SALARY RANGES FOR THE FOLLOWING CLASSIFICATIONS:

Title Annual Salary Range:

City Engineer $157,977.04 - $221,167.96
Public Works Division Manager -
Engineering
$159,190.99 - $198,988.74
Public Works Division Manager – Operations $159,190.99 - $198,988.74 F. APPROVE AND ADOPT THE PAY SCHEDULE “All Job Classifications/Salary Table” EFFECTIVE DECEMBER 5, 2023:

G. APPROVE AND ADOPT THE UNREPRESENTED BENEFITS MATRIX TO CAPTURE THE CLASSIFICATION CHANGES FROM ITEMS A, B, AND C ABOVE EFFECTIVE DECEMBER 5, 2023:

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

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

__________________________ ______________________
Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

___________________________
Michael Mutalipassi, City Attorney

Classification Union Code Occ Code Pay Grade
Accountant 50 2101 500
Accounting Technician I 50 6104 513
Accounting Technician II 50 6105 514
Administrative Analyst I 80 2102 801
Administrative Analyst II 80 2103 802
Administrative Assistant 80 6111 828
Adult Crossing Guard 70 8401 725
Adult Crossing Guard Superviso 70 8402 720
Assistant Chief of Police 60 1405 649
Assistant City Attorney 60 1113 645
Assistant City Manager 60 1104 666
Assistant Dir Recr & Comm Svcs 60 1121 659
Assistant Engineer 50 2201 502
Assistant Finance Director 60 1109 669
Assistant Fire Marshal 60 2501 632
Assistant Planner 50 2801 503
Assistant Pool Manager 70 5609 709
Assistant Water Operator 20 7212 221
Assistant Water Operator - 40 20 8611 226
Associate Civil Engineer 50 2202 504
Associate Planner 50 2802 505
Budget Manager 80 1115 839
Building & Housing Director 60 1802 658
Building Inspection Manager 80 3809 848
Building Inspector Apprentice 70 8610 770
Building Official 60 1804 676
Building Permit Technician 50 5801 508
Building/NP Inspector 50 3801 507
Business Systems Analyst/Dev 80 2119 853
Buyer 80 2106 803
Case Manager 50 5612 544
Chief Fire Enforcement Officer 60 1505 656
Chief of Police 60 1402 650
City Attorney 60 1112 644
City Clerk 60 1101 605
City Engineer 60 1201 606
City Manager 60 1102 697
Code Enforcement Officer 50 5804 515
Communications Dispatch Superv 40 6409 456
Communications Dispatcher 40 6408 455
Community Service Officer 50 5807 551
Councilmember 60 1107 699
Crime Analyst 80 2105 809
Cross Connection Specialist 20 8626 239
Customer Services Supervisor 80 2127 847

Deputy City Attorney 60 1114 646
Deputy City Clerk 80 6102 835
Deputy City Manager 60 1119 672
Deputy Director of IT 60 1123 679
Deputy Fire Chief 60 1504 633
Deputy Public Works Director 60 1207 654
Digital Media Specialist 80 2121 840
Dir of Recr & Community Svcs 60 1208 655
Economic Development Coord 80 8623 852
Economic Development Director 60 1206 653
Economic Development Spec 80 8606 850
Electrical/Building Inspector 50 3802 511
Emergency Services Coordinator 80 2502 836
Engineering Aide 50 3201 512
Engineering Permit Technician 50 2210 540
Entry Firefighter/EMT - 40 10 4512 115
Entry Firefighter/EMT - 56 10 4510 112
Entry Firefighter/Paramedic-40 10 4513 116
Entry Firefighter/Paramedic-56 10 4511 113
Entry Level Fire Inspector 10 3508 114
Envir & Regulatory Comply Spec 80 8624 851
Environmental Inspector 50 2213 553
Equip Maint Worker I - 40 20 8612 227
Equip Maint Worker II - 40 20 8613 228
Equip Maint Worker III - 40 20 8614 229
Equipment Maint. Worker I 20 7202 200
Equipment Maint. Worker II 20 7203 201
Equipment Maint. Worker III 20 7204 202
Executive Assistant 80 6117 812
FF/Paramedic Trainee - 40 10 4504 107
FF/Paramedic Trainee - 56 10 4514 155
Finance Director 60 1103 627
Finance Manager 60 1116 647
Financial Analyst I 80 2125 844
Financial Analyst II 80 2126 845
Fire Battalion Chief 10 2508 153
Fire Battalion Chief - 40 10 2509 154
Fire Captain 10 2504 100
Fire Captain - 40 10 2507 108
Fire Chief 60 1502 630
Fire Engineer/EMT 10 4501 102
Fire Engineer/EMT - 40 10 4515 156
Fire Engineer/Paramedic 10 4505 151
Fire Prevention Inspector 10 3501 106
Fire Protection Engineer 10 3507 110
Firefighter/EMT 10 4502 103
Firefighter/EMT - 40 10 4516 157

Firefighter/EMT Trainee - 40 10 4509 109
Firefighter/Paramedic 10 4503 104
Fitness Instructor 70 5620 713
Fleet Maint Worker I -40 20 8615 230
Fleet Maint Worker II - 40 20 8616 231
Fleet Maint Worker III -40 20 8617 232
Fleet Maintenance Worker I 20 7207 213
Fleet Maintenance Worker II 20 7208 214
Fleet Maintenance Worker III 20 7209 215
GIS Technician 50 2212 552
Hazardous Materials Inspector 10 3502 105
Housing Authority Adminr 60 1120 673
Human Resources Analyst I 80 2124 843
Human Resources Analyst II 80 2123 842
Human Resources Assistant 80 2108 846
Human Resources Director 60 1105 613
Human Resources Manager 60 1209 677
Human Resources Technician 80 2107 816
I T Director 60 2113 624
I T Manager 80 2116 819
I T Technician 50 3101 542
Information Technology Analyst 80 2118 831
Junior Engineer 50 2203 519
Junior Planner 50 2804 520
Legal Assistant 60 1124 689
Lifeguard 70 5610 710
Maint Worker III - 40 20 8619 234
Maintenance Assistant 20 8625 238
Maintenance Custodian I 20 8101 203
Maintenance Custodian I - 40 20 8107 222
Maintenance Custodian II 20 8102 204
Maintenance Custodian II - 40 20 8108 223
Maintenance Custodian III 20 8103 205
Maintenance Custodian III - 40 20 8618 233
Maintenance Worker I 20 8202 206
Maintenance Worker I-40 20 8203 207
Maintenance Worker II 20 8204 208
Maintenance Worker II-40 20 8205 209
Maintenance Worker III 20 8206 210
Maintenance Worker/Seasonal 70 8207 760
Management Analyst 80 2128 854
Marketing Coordinator 50 5614 548
Mayor 60 1118 696
Office Assistant I 50 6108 516
Office Assistant II 50 6109 517
Office Specialist 50 6110 518
Patrol Officer 40 4401 404

Patrol Officer Trainee 40 4402 458
Payroll Specialist 50 5102 546
Plan Check Engineer 50 3807 521
Plan Checker 50 3803 522
Plan Review Manager 60 1210 678
Planning Commissioners 70 1108 698
Planning Director 60 1803 607
Planning Manager 60 2803 602
Planning Technician 50 2813 554
Police Assistant 40 6401 450
Police Captain 60 1401 651
Police Clerk I 40 6402 451
Police Clerk II 40 6403 452
Police Clerk Supervisor 40 6404 454
Police Evidence Technician 40 8607 459
Police Lieutenant 40 2402 400
Police Officer 40 4403 403
Police Officer Trainee 40 4404 457
Police Sergeant 40 4405 401
Police Support Services Mgr 60 1404 657
Pool Manager 70 5608 708
Principal Civil Engineer 80 2204 822
Principal Planner 80 2811 823
Program Coordinator 50 5606 523
Public Information Officer 60 1122 674
Public Services Assistant I 50 6601 524
Public Services Assistant II 50 6602 525
Public Works Director 60 1204 635
Public Works Division Manager - Engineering 60 1127 692 Public Works Division Manager - Operations 60 1126 691 Public Works Inspector 50 3202 526
Public Works Manager 60 1117 648
Public Works Manager-Utilities 60 1128 693
Purchasing Agent 80 1106 826
Recreation Administrative Asst 70 5619 712
Recreation Attendant 70 5618 711
Recreation Instructors 70 5607 707
Recreation Leader 70 5617 706
Recreation Services Supervisor 80 2601 827
Recreation Svcs Assistant I 50 8601 527
Recreation Svcs Assistant II 50 8602 528
Recreation Svcs Assistant III 50 8603 529
Recreation Svcs Assistant IV 50 8604 530
Retired Annuitant - Extra Help 70 5107 747
Retired Annuitant - Interim 70 5108 748
Risk Analyst 80 2130 857
SCADA Technician 20 8627 240

Senior Accountant 80 2110 829
Senior Accounting Technician 50 6106 539
Senior Administrative Analyst 80 2112 834
Senior Building Inspector 50 3804 531
Senior Buyer 80 2129 856
Senior Executive Assistant 80 6123 855
Senior HR Analyst 80 2122 841
Senior Plan Check Engineer 50 3806 534
Senior Planner 80 2805 830
Senior Public Works Inspector 50 3203 535
Senior Public Works Lead 20 8609 225
Senior SCADA Technician 20 8628 241
Special Project Associate 70 5105 750
Sr Code Enforcement Officer 50 5806 545
Sr. Public Services Assistant 50 5615 549
Sr. Special Projects Associate 70 5106 749
Staff Assistant 70 5104 745
Student Intern 70 5103 740
Water Meter Technician I 20 8104 216
Water Meter Technician I -40 20 8620 235
Water Meter Technician II 20 8105 217
Water Meter Technician II -40 20 8621 236
Water Systems Operator 20 7211 219
Union Code Union Description
10 IAFF - International Association of Firefighters
20 MEA - Milpitas Employee Association
40 MPOA - Milpitas Police Officers Association
50 Pro-Tech - Milpitas Professional and Technical Group 60 Unrep - Unrepresented
70 Temps - Temporary
80 Mid-Con - UPEC Mid-Mgmt-Confidential Unit

Step A Step B Step C
Hourly BiWeekly Annual Hourly2 BiWeekly3 Annual4 Hourly5 BiWeekly6

47.90 3,831.91 99,629.66 50.29 4,023.48 104,610.48 52.80 4,223.84

31.19 2,495.54 64,884.04 32.75 2,620.34 68,128.84 34.39 2,751.36

34.31 2,745.08 71,372.08 36.03 2,882.37 74,941.62 37.83 3,026.49

42.02 3,361.82 87,407.32 - - - - -

46.41 3,712.73 96,530.98 - - - - -

40.09 3,207.26 83,388.76 42.10 3,367.62 87,558.12 44.20 3,536.02

17.20 1,376.00 35,776.00 - - - - -

19.24 1,539.20 40,019.20 - - - - -
104.45 8,356.04 217,257.04 - - - - -

78.46 6,276.93 163,200.18 - - - - -

98.45 7,876.34 204,784.84 - - - - -

67.18 5,374.71 139,742.46 - - - - -

51.90 4,151.81 107,947.06 54.49 4,359.39 113,344.14 57.22 4,577.35

70.85 5,668.21 147,373.46 - - - - -

79.71 6,376.43 165,787.18 - - - - -

49.76 3,981.04 103,507.04 52.25 4,180.19 108,684.94 54.86 4,388.45

22.16 1,772.80 46,092.80 - - - - -

42.68 3,201.07 83,227.82 44.82 3,361.13 87,389.38 47.06 3,529.18

42.93 3,434.48 89,296.48 45.08 3,606.37 93,765.62 47.34 3,786.86

59.68 4,774.56 124,138.56 62.67 5,013.32 130,346.32 65.80 5,263.99

57.22 4,577.47 119,014.22 60.09 4,806.96 124,980.96 63.09 5,047.56

61.26 4,900.49 127,412.74 - - - - -

85.63 6,850.13 178,103.38 - - - - -

63.81 5,105.17 132,734.42 - - - - -

28.00 2,240.00 58,240.00 - - - - -

75.32 6,025.48 156,662.48 - - - - -

38.00 3,040.05 79,041.30 39.90 3,192.38 83,001.88 41.91 3,352.54

50.37 4,029.41 104,764.66 52.89 4,230.92 110,003.92 55.53 4,442.42

56.02 4,481.54 116,520.04 - - - - -

41.64 3,331.34 86,614.84 - - - - -

34.05 2,723.90 70,821.40 - - - - -

68.25 5,459.80 141,954.80 - - - - -
109.67 8,773.58 228,113.08 - - - - -

99.96 7,997.00 207,922.00 - - - - -

65.11 5,208.61 135,423.86 - - - - -

75.95 6,076.04 157,977.04 - - - - -
160.75 12,860.28 334,367.28 - - - - -

44.04 3,523.20 91,603.20 46.24 3,699.41 96,184.66 48.56 3,885.17

56.46 4,516.98 117,441.48 59.29 4,742.83 123,313.58 62.25 4,979.98

48.89 3,910.97 101,685.22 51.33 4,106.50 106,769.00 53.90 4,311.81

42.14 3,370.92 87,643.92 44.24 3,539.47 92,026.22 46.46 3,716.45

20.87 417.40 10,852.40 - - - - -

50.31 4,024.40 104,634.40 - - - - -

44.37 3,549.65 92,290.90 46.71 3,736.47 97,148.22 49.16 3,933.13

48.78 3,902.36 101,461.36 - - - - -

61.30 4,903.84 127,499.84 - - - - -

47.90 3,832.11 99,634.86 - - - - -

96.49 7,718.81 200,689.06 - - - - -

77.97 6,237.69 162,179.94 - - - - -
100.44 8,034.88 208,906.88 - - - - -

75.95 6,076.04 157,977.04 - - - - -

43.33 3,466.76 90,135.76 - - - - -

83.85 6,708.28 174,415.28 - - - - -

52.86 4,228.77 109,948.02 - - - - -

78.76 6,301.09 163,828.34 - - - - -

50.34 4,027.05 104,703.30 - - - - -

52.89 4,230.91 110,003.66 55.53 4,442.42 115,502.92 58.31 4,664.56

55.62 4,449.24 115,680.24 - - - - -

41.27 3,301.75 85,845.50 43.34 3,466.85 90,138.10 45.50 3,640.17

37.15 2,972.15 77,275.90 39.01 3,120.77 81,140.02 40.96 3,276.79

49.51 3,961.06 102,987.56 51.49 4,119.50 107,107.00 - -

35.37 3,961.06 102,987.56 36.78 4,119.50 107,107.00 - -

55.45 4,436.38 115,345.88 57.67 4,613.86 119,960.36 - -

39.61 4,436.38 115,345.88 41.20 4,613.86 119,960.36 - -

43.17 3,453.45 89,789.70 45.33 3,626.13 94,279.38 47.59 3,807.45

53.72 4,297.94 111,746.44 - - - - -

52.89 4,230.91 110,003.66 55.53 4,442.45 115,503.70 58.31 4,664.58

39.04 3,123.39 81,208.14 40.97 3,277.99 85,227.74 43.03 3,442.18

42.93 3,434.48 89,296.48 45.08 3,606.37 93,765.62 47.34 3,786.86

48.37 3,869.43 100,605.18 50.79 4,063.38 105,647.88 53.34 4,266.95

38.80 2,910.05 75,661.30 40.74 3,055.56 79,444.56 42.78 3,208.37

42.68 3,201.07 83,227.82 44.82 3,361.13 87,389.38 47.06 3,529.18

48.09 3,606.74 93,775.24 50.49 3,787.01 98,462.26 53.02 3,976.39

44.09 3,527.48 91,714.48 46.30 3,703.88 96,300.88 48.61 3,889.07

53.32 4,265.75 110,909.50 53.32 4,265.75 110,909.50 53.32 4,265.75

38.09 4,265.75 110,909.50 38.09 4,265.75 110,909.50 38.09 4,265.75

86.00 6,879.87 178,876.62 - - - - -

60.69 4,855.51 126,243.26 - - - - -

39.24 3,139.00 81,614.00 - - - - -

43.33 3,466.76 90,135.76 - - - - -

53.49 5,991.05 155,767.30 - - - - -

74.89 5,991.05 155,767.30 - - - - -

46.81 5,243.20 136,323.20 49.10 5,498.81 142,969.06 51.49 5,767.20

65.54 5,243.20 136,323.20 68.74 5,498.81 142,969.06 72.09 5,767.20 110.73 8,858.55 230,322.30 - - - - -

41.28 4,623.46 120,209.96 43.29 4,848.08 126,050.08 45.39 5,083.90

57.79 4,623.46 120,209.96 60.60 4,848.08 126,050.08 63.55 5,083.90

46.23 5,178.28 134,635.28 48.48 5,429.85 141,176.10 50.84 5,693.97

66.18 5,294.34 137,652.84 69.41 5,552.50 144,365.00 72.79 5,823.56

66.18 5,294.34 137,652.84 69.41 5,552.50 144,365.00 72.79 5,823.56

38.58 4,321.12 112,349.12 40.45 4,530.54 117,794.04 42.42 4,750.51

54.01 4,321.12 112,349.12 56.63 4,530.54 117,794.04 59.38 4,750.51

47.61 3,808.72 99,026.72 47.61 3,808.72 99,026.72 47.61 3,808.72

43.21 4,839.65 125,830.90 45.31 5,074.20 131,929.20 47.51 5,320.57

35.00 2,800.00 72,800.00 - - - - -

37.27 2,981.63 77,522.38 39.14 3,131.07 81,407.82 41.09 3,287.37

40.99 3,279.51 85,267.26 43.05 3,443.67 89,535.42 45.20 3,615.70

47.15 3,772.01 98,072.26 49.51 3,960.78 102,980.28 51.98 4,158.37

37.27 2,795.30 72,677.80 39.13 2,935.03 76,310.78 41.09 3,081.81

41.00 3,074.84 79,945.84 43.05 3,228.54 83,942.04 45.20 3,390.00

47.15 3,536.02 91,936.52 49.50 3,712.81 96,533.06 51.98 3,898.42

51.90 4,151.81 107,947.06 54.49 4,359.39 113,344.14 57.22 4,577.38

66.18 5,294.34 137,652.84 69.41 5,552.50 144,365.00 72.79 5,823.56

63.36 5,068.84 131,789.84 - - - - -

42.02 3,361.82 87,407.32 - - - - -

46.41 3,712.73 96,530.98 - - - - -

29.93 2,394.78 62,264.28 31.43 2,514.43 65,375.18 33.00 2,640.15

85.51 6,841.16 177,870.16 - - - - -

65.26 5,220.90 135,743.40 - - - - -

36.31 2,904.56 75,518.56 38.13 3,050.42 79,310.92 40.03 3,202.26

84.39 6,751.17 175,530.42 - - - - -

63.26 5,061.05 131,587.30 - - - - -

41.29 3,303.34 85,886.84 43.36 3,468.49 90,180.74 45.52 3,641.87

53.22 4,257.44 110,693.44 - - - - -

47.18 3,774.35 98,133.10 49.54 3,963.08 103,040.08 52.02 4,161.23

42.72 3,417.27 88,849.02 44.85 3,588.15 93,291.90 47.09 3,767.54

40.09 3,207.26 83,388.76 42.10 3,367.62 87,558.12 44.20 3,536.02

17.20 1,376.00 35,776.00 - - - - -

40.15 3,211.67 83,503.42 42.16 3,372.50 87,685.00 44.26 3,541.02

24.48 1,958.40 50,918.40 25.64 2,051.20 53,331.20 26.84 2,147.20

28.60 2,144.74 55,763.24 30.03 2,251.98 58,551.48 31.53 2,364.60

28.60 2,287.74 59,481.24 30.03 2,402.10 62,454.60 31.53 2,522.22

31.46 2,359.27 61,341.02 33.03 2,477.20 64,407.20 34.68 2,601.08

31.46 2,516.55 65,430.30 33.03 2,642.32 68,700.32 34.68 2,774.47

36.17 2,713.10 70,540.60 37.98 2,848.74 74,067.24 39.88 2,991.18

36.18 2,894.16 75,248.16 37.98 3,038.65 79,004.90 39.89 3,191.03

31.46 2,359.27 61,341.02 33.03 2,477.20 64,407.20 34.68 2,601.08

31.74 2,539.49 66,026.74 33.32 2,665.64 69,306.64 34.99 2,799.51

34.60 2,595.16 67,474.16 36.33 2,724.90 70,847.40 38.15 2,861.12

34.91 2,792.76 72,611.76 36.66 2,932.40 76,242.40 38.50 3,079.75

39.79 2,984.39 77,594.14 41.78 3,133.62 81,474.12 43.87 3,290.31

19.88 1,590.40 41,350.40 - - - - -

55.71 4,457.07 115,883.82 - - - - -

40.10 3,207.70 83,400.20 42.10 3,368.08 87,570.08 44.21 3,536.47

26.09 521.88 13,568.88 - - - - -

27.13 2,170.11 56,422.86 28.48 2,278.60 59,243.60 29.91 2,392.55

29.84 2,387.01 62,062.26 31.33 2,506.32 65,164.32 32.90 2,631.71

34.31 2,745.05 71,371.30 36.03 2,882.34 74,940.84 37.83 3,026.49

52.27 4,181.49 108,718.74 54.88 4,390.56 114,154.56 57.63 4,610.06

51.15 4,091.69 106,383.94 53.70 4,296.20 111,701.20 56.39 4,511.06

36.65 2,931.78 76,226.28 38.48 3,078.37 80,037.62 40.40 3,232.28

61.08 4,886.04 127,037.04 64.12 5,129.83 133,375.58 67.33 5,386.67

52.08 4,166.40 108,326.40 54.68 4,374.67 113,741.42 57.42 4,593.78

71.14 5,691.25 147,972.50 - - - - -

1.00 20.00 520.00 - - - - -

85.63 6,850.13 178,103.38 - - - - -

65.26 5,220.90 135,743.40 - - - - -

38.00 3,040.05 79,041.30 39.90 3,192.38 83,001.88 41.91 3,352.54

49.67 3,973.32 103,306.32 52.15 4,171.94 108,470.44 54.76 4,380.53

99.47 7,957.84 206,903.84 - - - - -

35.60 2,848.03 74,048.78 37.38 2,990.45 77,751.70 39.25 3,139.95

39.16 3,132.77 81,452.02 41.12 3,289.49 85,526.74 43.17 3,453.95

45.23 3,618.42 94,078.92 47.49 3,799.38 98,783.88 49.87 3,989.30

41.53 3,322.38 86,381.88 43.61 3,488.47 90,700.22 45.79 3,662.92

80.17 6,413.79 166,758.54 84.18 6,734.49 175,096.74 88.39 7,071.24

57.16 4,572.49 118,884.74 60.01 4,801.19 124,830.94 63.02 5,041.23

55.93 4,474.29 116,331.54 58.73 4,698.06 122,149.56 61.66 4,933.00

69.05 5,523.70 143,616.20 72.50 5,799.90 150,797.40 76.12 6,089.88

63.29 5,063.37 131,647.62 - - - - -

23.22 1,857.60 48,297.60 - - - - -

66.49 5,318.93 138,292.18 - - - - -

68.55 5,483.95 142,582.70 - - - - -

37.39 2,991.45 77,777.70 - - - - -

62.81 5,025.13 130,653.38 - - - - -

31.19 2,495.54 64,884.04 32.75 2,620.34 68,128.84 34.39 2,751.38

34.31 2,745.08 71,372.08 36.03 2,882.37 74,941.62 37.83 3,026.48

88.05 7,043.70 183,136.20 - - - - -

76.53 6,122.73 159,190.99 - - - - -

76.53 6,122.73 159,190.99 - - - - -

50.37 4,029.41 104,764.66 52.89 4,230.92 110,003.92 55.53 4,442.42

58.60 4,688.09 121,890.34 - - - - -

60.95 4,875.62 126,766.12 - - - - -

54.89 4,391.06 114,167.56 - - - - -

17.20 1,376.00 35,776.00 - - - - -

17.20 1,376.00 35,776.00 - - - - -

18.82 1,505.60 39,145.60 - - - - -

17.20 1,376.00 35,776.00 - - - - -

52.43 4,194.59 109,059.34 - - - - -

17.63 1,410.59 36,675.34 18.51 1,481.10 38,508.60 19.44 1,555.20

20.94 1,674.82 43,545.32 21.98 1,758.74 45,727.24 23.08 1,846.63

24.06 1,925.17 50,054.42 25.27 2,021.38 52,555.88 26.53 2,122.46

28.23 2,258.74 58,727.24 29.65 2,371.66 61,663.16 31.13 2,490.24

50.00 4,000.00 104,000.00 - - - - -

50.00 4,000.00 104,000.00 - - - - -

43.33 3,466.76 90,135.76 - - - - -

45.23 3,618.35 94,077.10 47.61 3,808.79 99,028.54 50.12 4,009.26

48.78 3,902.36 101,461.36 - - - - -

37.74 3,019.59 78,509.34 39.63 3,170.60 82,435.60 41.61 3,329.12

53.88 4,310.29 112,067.54 - - - - -

58.17 4,653.94 121,002.44 61.08 4,886.70 127,054.20 64.14 5,131.00

51.78 4,142.10 107,694.60 - - - - -

46.41 3,712.73 96,530.98 - - - - -

50.31 4,024.43 104,635.18 - - - - -

67.18 5,374.63 139,740.38 70.54 5,643.52 146,731.52 74.07 5,925.44

62.84 5,027.35 130,711.10 - - - - -

58.17 4,653.97 121,003.22 61.08 4,886.70 127,054.20 64.14 5,131.01

53.22 4,257.61 110,697.86 55.88 4,470.49 116,232.74 58.68 4,694.02

49.75 3,980.18 103,484.68 52.37 4,189.67 108,931.42 55.13 4,410.18

20.00 1,600.00 41,600.00 - - - - -

51.68 4,134.64 107,500.64 54.26 4,340.56 112,854.56 56.98 4,558.18

38.27 3,061.96 79,610.96 40.19 3,215.06 83,591.56 42.20 3,375.81

50.00 4,000.00 104,000.00 - - - - -

17.20 1,376.00 35,776.00 - - - - -

17.20 1,376.00 35,776.00 - - - - -

31.46 2,359.17 61,338.42 33.03 2,477.20 64,407.20 34.68 2,601.07

31.46 2,516.64 65,432.64 33.03 2,642.48 68,704.48 34.68 2,774.21

34.60 2,595.16 67,474.16 36.33 2,724.88 70,846.88 38.15 2,861.11

34.60 2,768.30 71,975.80 36.34 2,906.93 75,580.18 38.14 3,051.44

48.09 3,606.73 93,774.98 50.49 3,786.68 98,453.68 53.02 3,976.38 Union Code Union Description
10 IAFF - International Association of Firefighters
20 MEA - Milpitas Employee Association
40 MPOA - Milpitas Police Officers Association
50 Pro-Tech - Milpitas Professional and Technical Group 60 Unrep - Unrepresented
70 Temps - Temporary
80 Mid-Con - UPEC Mid-Mgmt-Confidential Unit

Step D Step E
Annual7 Hourly8 BiWeekly9 Annual10 Hourly11 BiWeekly12 Annual13 109,819.84 55.45 4,436.02 115,336.52 58.21 4,657.02 121,082.52 71,535.36 36.11 2,888.92 75,111.92 37.92 3,033.37 78,867.62 78,688.74 39.72 3,177.85 82,624.10 41.71 3,336.66 86,753.16 - - - - 55.32 4,425.62 115,066.12
- - - - 61.09 4,886.81 127,057.06
91,936.52 46.41 3,712.80 96,532.80 48.73 3,898.43 101,359.18 - - - - 20.52 1,641.60 42,681.60
- - - - 24.05 1,924.00 50,024.00
- - - - 146.23 11,698.45 304,159.70
- - - - 106.21 8,496.84 220,917.84
- - - - 137.84 11,026.88 286,698.88
- - - - 94.06 7,524.59 195,639.34
119,011.10 60.08 4,806.25 124,962.50 63.08 5,046.59 131,211.34 - - - - 99.20 7,935.69 206,327.94
- - - - 111.59 8,927.02 232,102.52
114,099.70 57.60 4,607.82 119,803.32 60.48 4,838.31 125,796.06 - - - - 27.70 2,216.00 57,616.00
91,758.68 49.41 3,705.62 96,346.12 51.88 3,890.93 101,164.18 98,458.36 49.71 3,976.96 103,400.96 52.20 4,175.72 108,568.72 136,863.74 69.09 5,527.19 143,706.94 72.54 5,803.57 150,892.82 131,236.56 66.24 5,299.28 137,781.28 69.55 5,564.14 144,667.64 - - - - 80.63 6,450.48 167,712.48
- - - - 119.88 9,590.18 249,344.68
- - - - 77.57 6,205.42 161,340.92
- - - - 35.00 2,800.00 72,800.00
- - - - 105.45 8,435.67 219,327.42
87,166.04 43.99 3,519.54 91,508.04 46.19 3,695.33 96,078.58 115,502.92 58.31 4,664.57 121,278.82 61.22 4,897.77 127,342.02 - - - - 73.74 5,899.08 153,376.08
- - - - 54.81 4,385.08 114,012.08
- - - - 42.49 3,399.37 88,383.62
- - - - 95.55 7,643.72 198,736.72
- - - - 153.54 12,283.04 319,359.04
- - - - 124.95 9,996.27 259,903.02
- - - - 91.16 7,292.88 189,614.88
- - - - 106.33 8,506.46 221,167.96
- - - - 160.75 12,860.28 334,367.28
101,014.42 50.99 4,079.42 106,064.92 53.54 4,283.25 111,364.50 129,479.48 65.36 5,228.99 135,953.74 68.63 5,490.44 142,751.44 112,107.06 56.59 4,527.36 117,711.36 59.42 4,753.74 123,597.24 96,627.70 48.78 3,902.26 101,458.76 51.22 4,097.40 106,532.40 - - - - 20.87 417.40 10,852.40
- - - - 66.22 5,297.35 137,731.10
102,261.38 51.75 4,140.13 107,643.38 54.48 4,358.04 113,309.04 - - - - 64.20 5,136.36 133,545.36
Step C

- - - - 84.97 6,797.43 176,733.18
- - - - 58.22 4,657.94 121,106.44
- - - - 135.02 10,801.85 280,848.10
- - - - 99.85 7,988.17 207,692.42
- - - - 140.61 11,248.83 292,469.58
- - - - 106.33 8,506.46 221,167.96
- - - - 57.04 4,563.31 118,646.06
- - - - 117.62 9,409.89 244,657.14
- - - - 65.55 5,243.62 136,334.12
- - - - 110.27 8,821.50 229,359.00
- - - - 60.76 4,861.06 126,387.56
121,278.56 61.22 4,897.77 127,342.02 64.28 5,142.67 133,709.42 - - - - 73.20 5,855.80 152,250.80
94,644.42 47.78 3,822.16 99,376.16 50.17 4,013.27 104,345.02 85,196.54 43.01 3,440.59 89,455.34 45.16 3,612.64 93,928.64 - - - - - - -
- - - - - - -
- - - - - - -
- - - - - - -
98,993.70 49.97 3,997.82 103,943.32 51.99 4,159.51 108,147.26 - - - - 70.72 5,657.33 147,090.58
121,279.08 61.22 4,897.80 127,342.80 64.28 5,142.67 133,709.42 89,496.68 45.19 3,614.99 93,989.74 47.44 3,795.50 98,683.00 98,458.36 49.71 3,976.96 103,400.96 52.20 4,175.72 108,568.72 110,940.70 56.00 4,480.11 116,482.86 58.81 4,704.78 122,324.28 83,417.62 44.92 3,368.78 87,588.28 47.16 3,537.21 91,967.46 91,758.68 49.41 3,705.62 96,346.12 51.88 3,890.93 101,164.18 103,386.14 55.67 4,175.21 108,555.46 58.45 4,383.99 113,983.74 101,115.82 51.04 4,083.51 106,171.26 53.60 4,287.69 111,479.94 110,909.50 53.32 4,265.75 110,909.50 53.32 4,265.75 110,909.50 110,909.50 38.09 4,265.75 110,909.50 38.09 4,265.75 110,909.50 - - - - 120.39 9,631.05 250,407.30
- - - - 84.97 6,797.75 176,741.50
- - - - 51.65 4,131.85 107,428.10
- - - - 57.04 4,563.31 118,646.06
- - - - 74.89 8,387.47 218,074.22
- - - - 104.84 8,387.47 218,074.22
149,947.20 54.01 6,048.98 157,273.48 56.65 6,344.88 164,966.88 149,947.20 75.61 6,048.98 157,273.48 79.31 6,344.88 164,966.88 - - - - 155.03 12,402.00 322,452.00
132,181.40 47.60 5,331.52 138,619.52 49.92 5,591.52 145,379.52 132,181.40 66.64 5,331.52 138,619.52 69.89 5,591.52 145,379.52 148,043.22 53.32 5,971.30 155,253.80 55.92 6,262.50 162,825.00 151,412.56 76.35 6,108.16 158,812.16 80.09 6,407.00 166,582.00 151,412.56 76.35 6,108.16 158,812.16 80.09 6,407.00 166,582.00 123,513.26 44.48 4,981.49 129,518.74 46.64 5,223.91 135,821.66 123,513.26 62.27 4,981.49 129,518.74 65.30 5,223.91 135,821.66

99,026.72 47.61 3,808.72 99,026.72 47.61 3,808.72 99,026.72 138,334.82 49.81 5,579.27 145,061.02 52.24 5,850.78 152,120.28 - - - - 75.00 6,000.00 156,000.00
85,471.62 43.14 3,451.54 89,740.04 45.31 3,624.57 94,238.82 94,008.20 47.46 3,796.60 98,711.60 49.83 3,986.34 103,644.84 108,117.62 54.57 4,365.78 113,510.28 57.31 4,585.00 119,210.00 80,127.06 43.14 3,235.84 84,131.84 45.30 3,397.65 88,338.90 88,140.00 47.46 3,559.51 92,547.26 49.83 3,737.41 97,172.66 101,358.92 54.58 4,093.33 106,426.58 57.31 4,298.07 111,749.82 119,011.88 60.08 4,806.23 124,961.98 63.08 5,046.61 131,211.86 151,412.56 76.35 6,108.16 158,812.16 80.09 6,407.00 166,582.00 - - - - 88.70 7,096.33 184,504.58
- - - - 55.32 4,425.62 115,066.12
- - - - 61.09 4,886.81 127,057.06
68,643.90 34.65 2,772.17 72,076.42 36.38 2,910.76 75,679.76 - - - - 119.72 9,577.66 249,019.16
- - - - 91.37 7,309.25 190,040.50
83,258.76 42.04 3,363.00 87,438.00 44.13 3,530.71 91,798.46 - - - - 118.15 9,451.62 245,742.12
- - - - 83.28 6,662.19 173,216.94
94,688.62 47.80 3,823.97 99,423.22 50.19 4,015.19 104,394.94 - - - - 70.05 5,604.04 145,705.04
108,191.98 54.62 4,369.29 113,601.54 57.35 4,587.76 119,281.76 97,956.04 49.45 3,955.97 102,855.22 51.92 4,153.72 107,996.72 91,936.52 46.41 3,712.80 96,532.80 48.73 3,898.43 101,359.18 - - - - 22.88 1,830.40 47,590.40
92,066.52 46.48 3,718.22 96,673.72 48.80 3,904.09 101,506.34 55,827.20 28.11 2,248.80 58,468.80 29.43 2,354.40 61,214.40 61,479.60 33.10 2,482.83 64,553.58 34.76 2,606.97 67,781.22 65,577.72 33.10 2,648.35 68,857.10 34.76 2,780.74 72,299.24 67,628.08 36.41 2,731.06 71,007.56 38.24 2,867.65 74,558.90 72,136.22 36.41 2,913.14 75,741.64 38.24 3,058.86 79,530.36 77,770.68 41.88 3,140.75 81,659.50 43.97 3,297.83 85,743.58 82,966.78 41.88 3,350.28 87,107.28 43.97 3,517.40 91,452.40 67,628.08 36.41 2,731.12 71,009.12 38.24 2,867.65 74,558.90 72,787.26 36.74 2,939.14 76,417.64 38.58 3,086.49 80,248.74 74,389.12 40.06 3,004.20 78,109.20 42.06 3,154.42 82,014.92 80,073.50 40.41 3,232.86 84,054.36 42.43 3,394.64 88,260.64 85,548.06 46.06 3,454.83 89,825.58 48.37 3,627.59 94,317.34 - - - - 24.85 1,988.00 51,688.00
- - - - 78.02 6,241.27 162,273.02
91,948.22 46.42 3,713.30 96,545.80 48.74 3,898.97 101,373.22 - - - - 26.09 521.88 13,568.88
62,206.30 31.40 2,512.13 65,315.38 32.97 2,637.75 68,581.50 68,424.46 34.54 2,763.29 71,845.54 36.27 2,901.39 75,436.14 78,688.74 39.72 3,177.85 82,624.10 41.71 3,336.66 86,753.16 119,861.56 60.51 4,840.57 125,854.82 63.53 5,082.57 132,146.82

117,287.56 59.21 4,736.58 123,151.08 62.17 4,973.36 129,307.36 84,039.28 42.42 3,393.91 88,241.66 44.54 3,563.55 92,652.30 140,053.42 70.69 5,655.57 147,044.82 74.28 5,942.06 154,493.56 119,438.28 60.28 4,822.79 125,392.54 63.31 5,064.61 131,679.86 - - - - 92.53 7,402.01 192,452.26
- - - - 1.00 20.00 520.00
- - - - 119.88 9,590.18 249,344.68
- - - - 91.37 7,309.25 190,040.50
87,166.04 43.99 3,519.54 91,508.04 46.19 3,695.33 96,078.58 113,893.78 57.49 4,599.59 119,589.34 60.37 4,829.57 125,568.82 - - - - 139.26 11,140.93 289,664.18
81,638.70 41.21 3,296.96 85,720.96 43.27 3,461.74 90,005.24 89,802.70 45.33 3,626.68 94,293.68 47.60 3,807.93 99,006.18 103,721.80 52.36 4,188.79 108,908.54 54.98 4,398.21 114,353.46 95,235.92 48.08 3,846.09 99,998.34 50.48 4,038.38 104,997.88 183,852.24 92.81 7,424.82 193,045.32 97.45 7,796.04 202,697.04 131,071.98 66.17 5,293.24 137,624.24 69.47 5,557.97 144,507.22 128,258.00 64.75 5,179.61 134,669.86 67.98 5,438.59 141,403.34 158,336.88 79.93 6,394.46 166,255.96 83.93 6,714.18 174,568.68 - - - - 88.61 7,089.04 184,315.04
- - - - 28.15 2,252.00 58,552.00
- - - - 86.47 6,917.76 179,861.76
- - - - 83.02 6,641.91 172,689.66
- - - - 49.22 3,937.64 102,378.64
- - - - 87.94 7,035.20 182,915.20
71,535.88 36.11 2,888.94 75,112.44 37.92 3,033.37 78,867.62 78,688.48 39.72 3,177.86 82,624.36 41.71 3,336.66 86,753.16 - - - - 123.27 9,861.21 256,391.46
- - - - 95.67 7,653.41 198,988.74
- - - - 95.67 7,653.41 198,988.74
115,502.92 58.31 4,664.57 121,278.82 61.22 4,897.77 127,342.02 - - - - 82.04 6,563.32 170,646.32
- - - - 85.32 6,825.86 177,472.36
- - - - 70.79 5,663.24 147,244.24
- - - - 23.96 1,916.80 49,836.80
- - - - 23.96 1,916.80 49,836.80
- - - - 37.64 3,011.20 78,291.20
- - - - 23.96 1,916.80 49,836.80
- - - - 69.01 5,520.64 143,536.64
40,435.20 20.41 1,632.92 42,455.92 21.43 1,714.61 44,579.86 48,012.38 24.24 1,939.01 50,414.26 25.45 2,035.91 52,933.66 55,183.96 27.86 2,228.57 57,942.82 29.25 2,340.04 60,841.04 64,746.24 32.68 2,614.77 67,984.02 34.32 2,745.49 71,382.74 - - - - 125.00 10,000.00 260,000.00
- - - - 125.00 10,000.00 260,000.00
- - - - 57.04 4,563.31 118,646.06
104,240.76 52.75 4,220.27 109,727.02 55.53 4,442.39 115,502.14

- - - - 64.20 5,136.36 133,545.36
86,557.12 43.70 3,495.61 90,885.86 45.88 3,670.35 95,429.10 - - - - 70.92 5,673.86 147,520.36
133,406.00 67.34 5,387.52 140,075.52 70.71 5,656.91 147,079.66 - - - - 63.04 5,042.86 131,114.36
- - - - 61.09 4,886.81 127,057.06
- - - - 66.22 5,297.35 137,731.10
154,061.44 77.77 6,221.41 161,756.66 81.66 6,532.41 169,842.66 - - - - 76.39 6,110.94 158,884.44
133,406.26 67.34 5,387.52 140,075.52 70.71 5,656.91 147,079.66 122,044.52 61.61 4,928.70 128,146.20 64.69 5,175.28 134,557.28 114,664.68 58.03 4,642.30 120,699.80 61.08 4,886.63 127,052.38 - - - - 50.00 4,000.00 104,000.00
118,512.68 59.83 4,786.42 124,446.92 62.82 5,025.25 130,656.50 87,771.06 44.31 3,544.60 92,159.60 46.52 3,721.83 96,767.58 - - - - 125.00 10,000.00 260,000.00
- - - - 26.62 2,129.60 55,369.60
- - - - 26.62 2,129.60 55,369.60
67,627.82 36.41 2,731.06 71,007.56 38.24 2,867.64 74,558.64 72,129.46 36.41 2,912.82 75,733.32 38.24 3,059.31 79,542.06 74,388.86 40.06 3,004.18 78,108.68 42.06 3,154.42 82,014.92 79,337.44 40.06 3,204.80 83,324.80 42.06 3,365.04 87,491.04 103,385.88 55.67 4,175.21 108,555.46 58.45 4,383.99 113,983.74

BENEFITS DESCRIPTION ELIGIBLE
MERIT INCREASES Employees are eligible for merit-based salary increases annually, provided they are not at the maximum of their compensation range. The City manager will have the authority to recommend the amount of the merit increase.

All
HEALTH PLANS The City provides CalPERS medical coverage. City paid premium is capped at the Kaiser rates for each level of coverage. Only active employees who have eligible dependents enrolled in the plan are eligible for City-paid premium above the single plan rate.

All
HEALTH PLAN WAIVER Employees who are covered as an eligible dependent under another health insurance plan may waive health converge and receive a total of $250 per month in lieu of medical plan coverage with appropriate documentation. (no change since 1999) All
LIFE INSURANCE $50,000 for full-time employees All
City provides a plan similar to State Disability Insurance Miscellaneous Police: Covered under the MPOA Trust Fund Police Captains Only Fire: None (See Family Leave provision) Fire
After the first 60 days, coverage at 60% of base salary up to $1,500 per month.

Additional buy-up options are available.

Miscellaneous
Coverage for Police is provided through California Law Enforcement Association (CLEA). Police Coverage for Fire is provided through California Association of Professional Firefighters (CAPFF).

Fire
DENTAL--Misc and Fire City provides a self-funded Delta Dental plan with graduated benefits based on years of service, including preventative, routine, major, and orthodontia.

Miscellaneous and Fire
DENTAL--Police City provides Delta Dental coverage. Police VISION City provides a vision plan for eye examination, lenses and frames. All TRUST FUND $50 per month contribution into the MPOA Trust Fund for spousal/dependent coverage and Short Term Disability coverage
Police Captains Only
DEFERRED COMPENSATION--SECTION 457
PLAN
City provides $900 per year toward deferred compensation (no change since 1999), with contributions being pro-rated per pay period (approximately $34.62 per pay period).

Employees are eligible to voluntarily participate in the plan.

Unrepresented Management
Staff
DEFERRED COMPENSATION--SECTION 457
PLAN
Employees are eligible to voluntarily participate in the plan. Unrepresented Executive Staff
401a The City provides a 401a plan with a 1% employee contribution upon initial enrollment, increasing by 0.25% each subsequent July 1, up to a maximum of 5% employee contribution. Enrolled participants shall have the value of vacation accruals over 260 hours put into their 401a effective the pay period including June 1 of each year. Upon seperation enrolled participants shall have one-half of vacation pay put into the plan. City contributes $900 per year into the 401a plan, with contributions being pro-rated per pay period (approximately $34.62 per pay period).

Unrepresented Executive
Staff
FLEXIBLE SPENDING PLAN City offers employees who wish to participate a pre-tax deduction for an IRS Section 125 plan for medical expenses, premiums; child or elder care expenses; or traffic and vanpooling.

All
MISCELLANEOUS EXEMPT CLASSIFICATIONS:

UNREPRESENTED EXECUTIVE STAFF - Assistant City Manager, Deputy City Manager, City Clerk, Building and Housing Director, Economic Development Director, Director of Finance, Human Resources Director, Information Technology Director, Planning Director, Public Works Director, and Recreation and Community Services Director UNREPRESENTED MANAGEMENT STAFF - Assistant City Attorney*, Assistant Finance Director*, Assistant Director Recreation and Community Services*, Building Official*, City Engineer*, Deputy City Attorney, Deputy Information Technology Director*, Deputy Public Works Director*, Human Resources Manager*, Finance Manager, Housing Authority Administrator, Planning Manager*, Plan Review Manager, Police Support Services Manager, Public Information Officer*, Public Works Manager, Public Works Division Manager - Engineering, Public Works Division Manager - Operations, Public Works Manager - Utilities
POLICE EXEMPT CLASSIFICATIONS:

UNREPRESENTED EXECUTIVE STAFF - Police Chief UNREPRESENTED MANAGEMENT STAFF - Assistant Police Chief* and Police Captain FIRE EXEMPT CLASSIFICATIONS:

UNREPRESENTED EXECUTIVE STAFF - Fire Chief UNREPRESENTED MANAGEMENT STAFF - Deputy Fire Chief*, Chief Fire Enforcement Officer, and Assistant Fire Marshal
*2nd in charge

EXHIBIT A

UNREPRESENTED MANAGEMENT

BENEFITS PACKAGE
Effective December 5, 2023

SHORT TERM DISABILITY

LONG TERM DISABILITY
Version date 12/5/2023

BENEFITS DESCRIPTION ELIGIBLE
City offered plan: 5 visits per incident per calendar year for Unrepresented Miscellaneous & Fire employees.

Miscellaneous & Fire
City offered plan: 15 visits per calendar year for Unrepresented Police employees. Police VACATION LEAVE ACCRUALS 40 hour employees: Years of Service Yearly Accruals 1-4 16 Days
5-9 21 Days
10-14 26 Days
15-19 31 Days
20 + 36 Days
Maximum number of hours that can be carried over is 260 hours for 40 -hour employees.

Accruals in excess of maximum will be cashed out at the end of the pay period including June 1.

Unrepresented Management
& Fire
Maximum number of hours that can be carried over is 260 hours. Accruals in excess of the maximum will be cashed out effective the end of the pay period including June 1.

The value of accruals in excess of the maximum will be deposited into the 401a plan effective the end of the pay period including June 1.

Unrepresented Executive
Staff
336 hours for Police Management employees. Hours over maximum will be cashed out at the end of the pay period including June 1.

Police
City Manager may authorize approval to carry over vacation hours in excess of the maximum.

Unrepresented Management

VACATION CASH-OUT PER IRS CONSTRUCTIVE

RECEIPT
Unrepresented Employees may elect to cash out up to 80 hours of accrued vacation hours each calendar year.

Unrepresented Management
& Fire

VACATION CASH-OUT PER IRS CONSTRUCTIVE

RECEIPT
Unrepresented Executive Employees may elect to cash out any hours above 260 or up to 80 hours of accrued vacation hours each calendar year, whichever is greater.

Unrepresented Executive
Staff
VACATION ACCRUAL Accrual tier will be based on total years of public service. All VACATION USE No minimum waiting period for use of accrued vacation. All MANAGEMENT INCENTIVE PAID (MIP) LEAVE Eligible employees will accrue 5 hours of Management Incentive Paid Leave (MIP) for each full pay period worked. Maximum carryover is 260 hours. Hours cannot be cashed out during employment, or at separation.

Executive Staff & 2nd in
charge
MANAGEMENT LEAVE Eligible employees will receive 40 hours of Management Leave added to their Floating Holiday Bank on the pay period following December 31. Employees appointed mid-year will receive pro-rated amount based on date of hire/promotion. Hours can be taken in any increment. There is no annual carryover and hours cannot be cashed out during employment, or at separation. An additional 40 hours of Management Leave can be earned with Department Head recommendation and City Manager approval upon annual evaluation for past performance.

Unrepresented Staff Only
(Staff that receive MIP are
not eligible for Management
Leave)
SICK LEAVE ACCRUALS 12 work days per year. 8 hours = 1 work day All Employees hired prior to July 18, 1999, with 5 years of service, separating in "good standing" as determined by the City Manager may elect to cash in sick leave using this formula: 2.5% x Yrs. of Service x highest hourly rate x sick leave hours accrued.

Miscellaneous
Employees hired after January 1, 1995, with 5 years of service, separating in "good standing" as determined by the City Manager may use this formula:

After 4th year: .25%/year x hourly rate x accrued sick leave After 9th year: .50%/year x hourly rate x accrued sick leave After 14th year: .75%/year x hourly rate x accrued sick leave After 19th year: 1.0%/year x hourly rate x accrued sick leave Employees hired after July 18, 1999, with 5 years of service, separating in "good standing" as determined by the City Manager may use this formula: After 4th year: .25%/year x hourly rate x accrued sick leave After 9th year: .50%/year x hourly rate x accrued sick leave After 14th year: .75%/year x hourly rate x accrued sick leave After 19th year: 1.0%/year x hourly rate x accrued sick leave

EMPLOYEE ASSISTANCE PROGRAM (EAP)
SICK LEAVE PAY-OFF--Separating Employees
(Not Retiring)
Fire
Police

VACATION CARRYOVER RATE
All
Version date 12/5/2023

BENEFITS DESCRIPTION ELIGIBLE
In January, an employee with 5 years of service may elect sick leave cash-out in accordance with the terms in Sick Leave Pay-Off above.

Fire
For employees hired on or before 7/17/99, each November, an employee with 5 or more years of service may elect to cash out accrued sick leave. Payout shall be in accordance with appropriate pay out formulas. The maximum annual amount shall not exceed 50% of employees sick leave balance. Employees eligible for this benefit shall at all times maintain a sick leave balance of at least 240 hours .

Miscellaneous & Police
HOLIDAYS The City observes 12 holidays:

January 1 (New Years), Third Monday in January (Dr. Martin Luther King's Birthday), Third Monday in February (Washington's Birthday), March 31, Cesar Chavez Day, Last Monday in May (Memorial Day), July 4, First Monday in September (Labor Day), November 11 (Veterans Day), Thanksgiving Day, Day After Thanksgiving, Christmas Eve, Christmas Day.

All
FLOATING HOLIDAY Each calendar year 8 hours of floating holiday to be used by December 31 of each year otherwise it will be lost.

All
FITNESS PROGRAM Offers employees free access to City-sponsored sports and fitness programs. All TUITION & TRAINING City provides reimbursement for education up to $3,000 per year. Work related training costs including transportation and lodging expenses.

All
MILEAGE REIMBURSEMENT Use of personal vehicle for City business will be reimbursed at the IRS established rate.

Not eligible for Mileage Reimbursement if receiving a car allowance.

All
CAR ALLOWANCE $550 per month Unrepresented Executive
Staff

2.7% at 55 Retirement Plan including the final year compensation amendment for those employed before 10/9/2011. (Employee pays 8% contribution rate).

Miscellaneous
Tier 2 (Classic): 2% at 60 Retirement Plan including the final three-year compensation average for those Classic employees hired on or after 10/9/2011. (Employee pays 7% contribution rate).

Miscellaneous
Tier 3 (PEPRA): 2% at 62 Retirement Plan including the final three-year average compensation for employees hired on or after 01/01/2013. (Employee contribution rate as stated in CalPERS actuarial report).

Miscellaneous

3.0% at 50 Plan, The 1959 Survivors Benefit in full force and effect. (Fire pays 12%; Police pays 9%).

Police & Fire
Tier 2 (Classic): 3.0% at 55 Plan, Effective 4/8/2012. Including three-year compensation average; The 1959 Survivors Benefit in full force and effect. (Police pays 9%; Fire pays 12%).

Police & Fire
Tier 3 (PEPRA): 2.7% at 57 Plan, Effective 1/1/2013. Including three-year compensation average; The 1959 Survivors Benefit in full force and effect. (Employee contribution rate as stated in CalPERS actuarial report).

Police & Fire
Military Service Buy-back (GC 21024) All
PERS Credit for Unused Sick Leave (GC 20965) All
Death Benefit (GC 21620) All
Prior Service Credit ( GC20055) All
1959 Survivor's Benefit (GC21573) All
EYEGLASS REIMBURSEMENT Reimbursement up to $175 per fiscal year for eyeglasses and $200 for bifocals when prescribed by a physician for use at a video display terminal provided the glasses are not covered by health or vision plan first.

All
SAFETY EQUIPMENT The City shall furnish appropriate safety equipment, the employee shall maintain in good order, and is the City's property.

Fire
$1,000 per year for 40 hour employees plus one pair of safety shoes every 2 years. Fire $1,350 per year for 40 hour employees. Police
Up to 80 hours of sick leave to care for a family member including: mother, father, spouse, registered domestic partner, brother, sister, son/daughter, grandparents, or domestic partner, whether the immediate family member is of the employee's or spouse's family, including step or adopted relatives. It also includes concurrent use of sick leave accruals for self or other accruals for eligible family members under FMLA or CRFA.

All
Fire personnel may use 14 days of accrued sick leave (without medical note) for birth or adoption of a child.

Fire

CALPERS RETIREMENT

PERS ENHANCEMENTS

UNIFORM ALLOWANCE

FAMILY LEAVE

SICK LEAVE CASH OUT

PER IRS CONSTRUCTIVE RECEIPT
Version date 12/5/2023

BENEFITS DESCRIPTION ELIGIBLE
Fire Unrep may use available sick leave for family medical purposes including same members as above. The use of family leave shall be limited to 80 hours per calendar year. Family medical purposes shall mean illness, accident, medical appointments or other related occurrences. Fire Unrep may take up to four months unpaid family or medical leave within a 24 month period, unless they qualifiy for FMLA/CFRA and this benefit is greater, for the following:

Birth, adoption, or serious illness of a child; self, parent, spouse, or registered domestic partner of an employee.

City will provide benefit coverage for up to 4 months and employee may elect to continue benefits at his/her own expense for up to an additional 18 months.

Available leave balances must be exhausted first prior to leave without pay.

COMPASSIONATE LEAVE City provides up to 40 hours of paid leave in the event of the death of an eligible family member (same family members as in Family Leave).

All
MILITARY LEAVE Paid military leave is provided for active and temporary duty in accordance with City policy and provisions of the State and Federal Laws.

All
JURY LEAVE City provides paid time upon jury summons if called to duty. All LEAVE OF ABSENCE An unpaid personal leave of absence is available upon approval of the City Manager. All FMLA/CFRA Employees may take up to 12 weeks paid/unpaid family or medical leave under Family Medical Leave Act (FMLA) or California Family Rights Act (CFRA) within a 12 month period for the following: birth or adoption; serious illness of a child, self, parent or spouse; or baby bonding. Employee must exhaust available leave balances to qualify for leave without pay. Benefits will be covered during FMLA/CFRA leave.

All
First 80 hours of lost work time is covered at 100% pay; next 240 hours at 80% pay. All Sworn Police and Fire employees are eligible for up to one year paid workers' compensation leave per labor code 4850.

Sworn Police and Fire
MEDICARE Both City and employee contribute, if hired after March 31, 1986. All SEVERANCE PAY If employee is terminated for reasons other than "for cause" employee would be eligible for up to 16 weeks of salary plus benefits, depending on date of hire. For additional details, see Muni Code section VI-3-4.00 - Severance Payments for Specified At-Will Positions.

All

RETIREMENT BENEFITS
ELIGIBILITY CRITERIA Eligibility for retiree benefits is predicated upon retirement from CalPERS Retirement System.

All
Upon retirement, disability retirement, or death, for those employees who were hired on or before 7/17/99, and who had at least 5 years of service, the City shall pay retiree or estate for unused accrued sick leave using this formula: 2.5% x years of service x highest hourly rate x sick leave hours.

Miscellaneous and Police
Upon retirement, disability retirement, or death, for those employees who were hired on or before 1/1/95, and who had at least 5 years of service, the City shall pay retiree or estate for unused accrued sick leave using this formula: 2.5% x years of service x highest hourly rate x sick leave hours.

Fire
Employees hired after January 1, 1995, with 5 years of service, separating in "good standing" as determined by the City Manager may use this formula:

After 4th year: .25%/year x hourly rate x accrued sick leave After 9th year: .50%/year x hourly rate x accrued sick leave After 14th year: .75%/year x hourly rate x accrued sick leave After 19th year: 1.0%/year x hourly rate x accrued sick leave Employees hired after July 18, 1999, with 5 years of service, separating in "good standing" as determined by the City Manager may use this formula:

After 4th year: .25%/year x hourly rate x accrued sick leave After 9th year: .50%/year x hourly rate x accrued sick leave After 14th year: .75%/year x hourly rate x accrued sick leave After 19th year: 1.0%/year x hourly rate x accrued sick leave SICK LEAVE CREDIT Upon retiring with PERS, all employees shall be eligible for the PERS Credit for Unused Sick Leave provision (20965). Employees hired prior to July 17, 1999 may choose a cash out or Credit for Unused Sick Leave.

All
RETIREMENT MEDICAL COVERAGE See Unrepresented Employee Benefit Handbook All

SICK LEAVE CASH-OUT
FAMILY LEAVE (continued)

WORKERS COMPENSATION
Fire
Fire
Police
Version date 12/5/2023

BENEFITS DESCRIPTION ELIGIBLE
DISABILITY RETIREMENT For Medical Coverage: employees on disability retirement who had at least 5 years of full- time or equivalent service with the City and retired after June 30, 2003, the City agrees to contribute up to "the retiree cap amount" or until the retiree is re-employed.

Police
Benefits may be continued at the retiree's expense 50% of City's Premium. Miscellaneous and Fire Benefits may be continued at the retiree's expense. Police RETIREE VISION Benefits may be continued at the retiree's expense. All 1% of payroll plus benefits contributed to a specific fund to assist in paying for spousal/dependent medical premiums for each of the following groups: Miscellaneous Unrep, Police Unrep and Fire Unrep. If fund is depleted, reimbursement will end for FY.

See Dependent Benefits Grid
SAFETY EQUIPMENT Upon retirement, the city shall give a command officer his/her service weapon and holsters without charge if either (1) the Milpitas Police Chief endorses an identification certificate approving the officer carrying a concealed and loaded firearm or (2) a hearing board determines that, under Penal Code section 12027.1, at the time the officer retired from the Milpitas Police Department, the employee had a right to a certificate permitting the carrying of a concealed and loaded firearm.

Police

RETIREE DENTAL
RETIREE SPOUSAL/ DEPENDENT MEDICAL PLAN All
Version date 12/5/2023

Attachment 5 – Revised Organization Charts

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Elect Vice Mayor (Contact: Matt Cano, Deputy City Manager, 408-586-3012) Category: Leadership and Support Services
Meeting Date: 12/12/2023
Recommendation: Move to nominate and appoint by majority vote the Vice Mayor for the City of Milpitas to serve a one year term.

BACKGROUND:

Per the attached agenda and meeting minutes, at the City Council meeting conducted on December 20, 2022, newly elected Councilmembers were seated, and a new Vice Mayor selected from among members of the City Council. Evelyn Chua was unanimously approved as the Vice Mayor for a one-year term. Per the City of Milpitas City Council Handbook, the Vice Mayor nomination is done through a motion and appointment is based on a majority vote.

POLICY ALTERNATIVE(S):

Not applicable
FISCAL IMPACT:

There is no fiscal impact to the City’s operating budget.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

This item is not a project under the California Environmental Quality Act (CEQA) Guideline 15378(b).

RECOMMENDATION:

Move to nominate and appoint by majority vote the Vice Mayor for the City of Milpitas to serve a one year term.

ATTACHMENT(S):

December 20, 2022 Agenda and Approved Minutes

ATTACHMENT

SPECIAL MEETING OF THE

MILPITAS CITY COUNCIL
December 20, 2022 Milpitas City Council Agenda Page 1
AGENDA
TUESDAY, DECEMBER 20, 2022
CITY COUNCIL CHAMBERS, 455 E CALAVERAS BLVD, MILPITAS, CA 6:00 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 t o:

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YouTube: https://www.milpitas.gov/youtube
Web Streaming: https://www.milpitas.gov/webstreaming

PUBLIC COMMENT INSTRUCTIONS
Public comments may be provided live during the City Council meeting in person or by registering for the zoom meeting in advance. To register you will need to provide an email address (not disclosed) and a name. To minimize technical difficulties, please make sure that you have the latest version of the Zoom Application. Below is the link to register for this meeting only:
https://ci-milpitas-ca-gov.zoom.us/webinar/register/WN_T61VWxrtRmKdHbO6_WJK7g After you register a link will be sent to you to join the City Council meeting in order to give your comments.

All Zoom meeting attendees who wish to speak must click on the “raise hand” icon when the Mayor calls for public comments. If participating via phone, dial *9 to use the “raise hand” feature, and when called to speak, dial *6 to unmute your phone. Your phone number will be displayed in the live meeting. The Mayor will call speakers by name to address the City Council.

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.

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.

ATTACHMENT
December 20, 2022 Milpitas City Council Agenda Page 2
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk (6:00 PM)

PLEDGE OF ALLEGIANCE
INVOCATION (Mayor Elect Montano)
AGENDA ITEMS (6:10 PM)

1. Receive Report of Municipal Election Results of November 8, 2022, and Adopt a Resolution to Certify Final Results of Candidate and Ballot Measure Election (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: (1 ) Receive the report of election results and voter turnout; and (2) Adopt a resolution confirming the official canvass of election returns and declaring the results of the General Municipal Election held on November 8, 2022.

2. P resentation to Outgoing Mayor and Councilmember and Remarks

3. Ceremonial Swearing-In of Newly Elected City Officials • Mayor Carmen Montano
• City Councilmember Garry Barbadillo
• City Councilmember Hon Lien
**There will be a short break prior to the next item**

4. Elect New Vice Mayor (Contact: Mayor Carmen Montano, 408-586-3029) Recommendation: Rec eive recommendation from Mayor Montano of one City Councilmember to serve as Milpitas Vice Mayor for one year, and move to approve the new Vice Mayor.

PUBLIC FORUM (7:0 5 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 (Mayor Montano)

APPROVAL OF AGENDA
CONSENT CALENDAR (7:35 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.

C5. Receive City Council Calendar of Meetings for December 2022 and January 2023 (Staff Contact:

Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Rec eive City Council Calendar of Meetings for December 2022 and January 2023.

C6. Approve City Council City Council Regular Meeting Minutes of December 6, 2022 (Staff Contact:

Suzanne Guzzetta, City Clerk, 408-586-3001)

ATTACHMENT
December 20, 2022 Milpitas City Council Agenda Page 3
Recommendation: Approve City Council Regular Meeting minutes of December 6, 2022.

C7. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Rec eive the list of anticipated agenda items for the next regular City Council meeting.

C8. Receive and Review the List of Agenda Items Requested by City Councilmembers (Staff C
ontact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Rev iew the list of items that have been requested by City Councilmembers and provide direction to staff as necessary. No substantive discussion about any specific item shall occur and the City Council shall hold all debate about the item until it is scheduled as a full agenda item.

C9. Reconfirm Findings and Determinations Under Resolution No. 9165 and Assembly Bill 361 for t
he Continuation of Virtual Meetings of the City Council and Legislative Bodies (Staff Contact:

Michael Mutalipassi, City Attorney, 408-586-3040)
Recommendation: Mov e to reconfirm findings and determinations under Resolution No. 9165 and Assembly Bill 361 for the continuation of virtual meetings of the City Council and Legislative Bodies.

C10. Approve and Authorize the City Manager to Execute an Encroachment and Maintenance A
greement with Milpitas – District 4 Owner, LLC, for the Perpetual Maintenance and Operation of Private Sidewalk Lighting Improvements within the City Right-of-Way Located at 150 Market Street (Staff Contact: Steve Erickson, Engineering Director / City Engineer, 408-586-3301; and Roberto Alonzo, Principal Civil Engineer, 408-586-3316) Recommendation: Appr ove and authorize the City Manager to execute an Encroachment and Maintenance Agreement with Milpitas – District 4 Owner, LLC, for the perpetual maintenance and operation of private sidewalk lighting improvements within the city right-of-way located at 150 Market Street.

C11. Adopt a Resolution Reviewing and Accepting the Annual Development Impact Fee Annual R
eport for the Calaveras Boulevard Widening Traffic Impact Fee, the Transit Area Specific Plan (TASP) Impact Fee, and the Storm Drain Fee for the Fiscal Year Ended June 30, 2022 (Staff Contact: Lauren Lai, Finance Director, 408-586-3111)
Recommendation: Adopt a resolution consistent with the Mitigation Fee Act to review and accept the annual development impact fee disclosure information for the Calaveras Blvd Widening Traffic Impact Fee, Transit Area Specific Plan Impact Fee and Storm Drain Fee for the Fiscal Year Ended June 30, 2022.

C12. Adopt a Resolution Authorizing the C ity Manager to Issue a Purchase Order in the Amount of $297,573.91 for the Purchase of Five Police Vehicles from the National Auto Fleet Group through a Cooperative Procurement Contract with Sourcewell (Staff Contact: Jared Hernandez, Police Chief, 408-586-2406; and Chris Schroeder, Purchasing Agent, 408-586-3161) Recommendation: Adopt
a resolution authorizing the City Manager to issue a purchase order in the amount of $297,573.91 for the purchase of five police vehicles from the National Auto Fleet Group through a Cooperative Procurement Contract with Sourcewell and find a CEQA exemption.

C13. Adopt a Resolution A uthorizing the City Manager to Execute the Five-Year Sole Source Agreement with Hadronex, Inc. Doing Business as SmartCover Systems for Alert System

ATTACHMENT
December 20, 2022 Milpitas City Council Agenda Page 4
Services Related to the Deployment of SmartLevel Sewer Monitoring System Units for a Not-to- Exceed Amount of $209,835.85, Subject to the Annual Appropriation of Funds (Staff Contact:

Christian Di Renzo, Public Works Director, 408-586-2602) Recommendation: Adopt a resolution authorizing the City Manager to execute the five-year sole source agreement with Hadronex, Inc. doing business as SmartCovers Systems for alert system services related to the deployment of SmartLevel Sewer Monitoring System units for the not-to-exceed amount of $209,835.85, subject to the annual appropriation of funds and approval as to form by the City Attorney, and find a CEQA exemption.

C14. Accept a State of California Parks and Recreation grant in the amount of $224,543.00 f or
Sunnyhills Albert Augustine Jr. Memorial Park and Appropriate the Funds to CIP No. 3500 (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409) Recommendation: Ac
cept a State of California Parks grant in the amount of $224,543.00 for Sunnyhills Albert Augustine Jr. Memorial Park and appropriate the funds to CIP No. 3500 and find all potential significant effects sufficiently analyzed by the December 14, 2021 Negative Declaration.

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS (7: 40 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 (7:45 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 O
pen 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.

Mater
ials 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 meet ing 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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