Milpitas City Council
September 17, 2024

32 Describe your marketing strategy for
promoting this contract opportunity.

Upload representative samples of your
marketing materials (if applicable) in
the document upload section of your
response.

Staples response to questions 32 through 34 of this section should be considered as “Trade Secret”:

Staples' strategy for the national promotion of the Sourcewell Contract consists of four fundamental and ongoing approaches that our experience has shown are critical to the contract's success. These approaches are based on leveraging the unique skills and strengths of our business development and account management sales team. • Business Development - prospecting and acquisition process o Continue to focus efforts on acquisition of participating Members in the public sector through the Sourcewell contract
o Leverage the unique skills and strengths of our mid-market teams for small and medium sized Members and our enterprise teams for larger more complex Members • New Account Management - new account implementation and ramp o Implement accounts with specificity, efficiency and speed o Comprehensive program training
• Existing Account Management - existing account communication and penetration o The development and deployment of program tools to ensure individual entity adoption, compliance, loyalty and satisfaction
• Ongoing Internal Training and Education
o Continue to develop internal training tools that communicate best practices, processes and contractual specifics throughout our salesforce
It is our responsibility and our goal to leverage existing communication tools and best practices to successfully support the Sourcewell contract through the acquisition and implementation of new participating Members and the continued service and management of existing accounts. These tools and tactics are further enumerated in our Attachment 4 – Sourcewell Marketing Plan.

We have also included representative samples of some of the marketing materials we make available to your participating Members. Actual examples can be provided upon request.

The plan:
• Is a complete lifecycle of internal and external tools that ensures contract promotion through proven best-practices and constant innovation
• Relies on the committed resources of the entire Staples organization, supported by our senior management team
• Utilizes a full range of tools and technology including, but not limited to:
o Online and in-person training tools and techniques
o Leveraging the significant investment Staples has made in sales force automation methods to ensure the consistency of message, availability of materials and visibility into progress throughout the entire sales organization.
o Internal instructional website presence for sales education o Public-facing website presence for current and prospective Sourcewell participating Members

*
33 Describe your use of technology and
digital data (e.g., social media,
metadata usage) to enhance
marketing effectiveness.

As detailed in Attachment 4, Staples utilizes digital, social and sales enablement marketing materials to support Sourcewell targeted opportunities as well as mass communication to select customers. Attached is the comprehensive marketing plan that we have developed to support marketing offerings to support Sourcewell Members. Our marketing plan promotes awareness of the Sourcewell contract to your Members utilizing our marketing technology and ecommerce platform StaplesAdvantage.com

ACCOUNT BASED MARKETING (ABM) - USER-FOCUSED
To ensure compliance, Staples can use digital retargeting and content syndication to proactively communicate to Sourcewell's membership in order to drive location (site) and end user level (conversion) participation. The goal is to improve compliance and revenue of the Sourcewell/Staples contract.

STAPLESADVANTAGE.COM/SOURCEWELL MICROSITE
Staples also has a public-facing website that educates prospective and existing customers on the Sourcewell/Staples Contracts:
• Overall Program Highlights
• Contract Highlights
• Ordering Overview
• Product and Service Overview
• Contact Information
• Messaging from Sourcewell
• Link to www.StaplesAdvantage.com/Sourcewell for more information

*

DocuSign Envelope ID: 4D82BD89-57E9-4B05-B822-2A0034DCA09F

*

*
34 In your view, what is Sourcewell's role
in promoting contracts arising out of
this RFP? How will you integrate a
Sourcewell-awarded contract into your
sales process?
Our success in driving the Sourcewell contract is directly attributable to the support and participation of Sourcewell itself. In continuing to promote the contract, we see significant benefit in this continued support exhibited through:
• The ongoing collaboration between Sourcewell and Staples that allows for the optimization of identifying, soliciting and acquiring participating Members and contract participants.
• The regular communication of industry and public procurement conditions that will allow Staples to tailor its acquisition and management efforts to contract prospects accordingly. • The identification and creation of opportunities that allow Staples to provide Sourcewell participating Members its entire scope of products and services. While providing an increasingly attractive value proposition for prospective Members and a compelling source of value for participating Members.
• Assistance in identifying Sourcewell participating Members to provide account of their contract success, these successes would in turn be used to acquire new participating Members to the Sourcewell/Staples contract.
• The co-development of marketing materials and the mutual identification of marketing opportunities including public events and trade shows.
• Ongoing availability to meet with Sourcewell, Staples' senior-level leadership and sales management to reinforce the opportunity within the contract and the vital role it plays in Sourcewell's and Staples' mutual ongoing success.
35 Are your products or services
available through an e-procurement
ordering process? If so, describe your
e-procurement system and how
governmental and educational
customers have used it.

Yes. At StaplesAdvantage.com, participating Members can do more than just order the products they need. Our site is fully customizable to their unique requirements.

StaplesAdvantage.com provides easy online ordering, the ability to set spend limits, approval flows, and charge orders to multiple departments plus transactional details to easily reconcile orders. Order management is easy with shopping lists for fast reordering, order tracking, delivery notifications, free returns, reporting and online bill pay. And, we have experience integrating with over 300 third-party purchasing platforms.

EASY ORDERING TOOLS
StaplesAdvantage.com provides features and functionalities to streamline participating Members' ordering process while minimizing time spent on purchasing the items their organization needs to succeed. Key features include:
• Increased Login Security – Website generated welcome email contains a password set up link for customers to create their unique password for enhanced security. • Easy Search & Navigation – New header design for effortless navigation and approvals, orders and shopping lists displayed on the home page for easy access. Search by keyword or item number for a summary of categories and top-ranking items that match their criteria. Narrow results by category, brand or your recently purchased items. Advanced search with auto-suggest terms to find what they want fast and the ability to add to their cart from search to save time.
• Shopping Lists – Create, save and share lists of frequently ordered or preferred contract items for faster reordering while maintaining program compliance. • Order Status & Tracking – View details on all orders placed in the past 90 days, track their orders and view proof of delivery.
• Online Returns – Process returns by clicking Return an Item from the My Order Status page.
• Ink & Toner Finder – Search by brand, model or cartridge number. Our enhanced ink and toner finder also includes past purchases and allows end users to save printer information. Or choose from a range of free recycling options by clicking Recycle Ink & Toner.
• Favorite Items – Click the heart icon on product tiles and pages to easily add items to a shared or personal shopping list that can be made a favorite. • Time to Reorder – View and reorder items ready for replenishment right from your Home page, based on purchasing history. Frequently purchased items now include a list of products purchased over a one-year timeframe. All order management essentials are available in order history: order search, details, tracking and returns, with up to two years of history.
• Easy Savings Alternative – Easy savings alternative products are presented on the product page and at checkout if a similar item with a lower price is available. • Customizable Print Products – Personalize business cards, greeting cards, rubber stamps, nameplates and more using your own design or standard company templates. • Robust Help Center – The StaplesAdvantage.com Help Center enables customers to search help topics, manage their account, track or return orders, view or print their packing slip, get pre-paid address labels to recycle ink and toner and more.

ONLINE PROCUREMENT CONTROLS
Participating Members can achieve greater control over your purchasing with StaplesAdvantage.com, whether integrated with their existing e-procurement systems or on its own. We offer:
• User & Location Management – Easily add new users, supervisors and account administrators and remove or add shipping locations.
• Approval Controls – Establish spending limits and approval routing to track account expenditures by user and department.
• Small Order Controls – To maximize efficiencies, implement order controls that prevent users from placing orders under a minimum amount.
• Customization Features – Customize your platform with special instructions and messages to keep users in program compliance.

MOBILE CAPABILITIES

Participating Members can order products, track shipments and access their accounts on their tablets or smartphones using our mobile app. Available for Android and Apple devices, features of the Staples mobile app include:
• Full account information, including recent orders, orders pending approval and custom deals
• Scan-to-order functionality
• Search, browse and order on the go
• One-touch order approvals
• Shopping lists for quick replenishment
• Ink & Toner Finder
• Quick Order entry
• Filterable search results
• Order status and package tracking
• Integration with StaplesAdvantage.com
• Secure Remember Me feature for login convenience

ONLINE REPORTING
Participating Members can easily access on-demand reports on StaplesAdvantage.com • User reports provide pertinent user information including approval hierarchy, ordering limits and assigned ship-to or budget center information. • Spending reports provide a summary of purchases by budget center, bill-to, ship-to or individual for up to 24 months, including details on ordering method, order totals, number of orders and average order size.
• Budget reports allow you to monitor the variances between spend versus budget.

SCALABILITY
If a participating Member has a surge in new hires or acquires a new division, their Staples team is ready. StaplesAdvantage.com is fully scalable to meet their changing business needs. We have the infrastructure in place to handle the ordering needs of additional users without affecting website performance. We analyze site capacity levels and plan for additional volume months in advance. We conduct stress tests regularly to ensure optimum site performance and site speeds.

MANAGED PRINT SERVICES
DEX Imaging's e-info and Patrol work together as an online reporting channel for participating Members' Printer Fleet. The e-info portal allows the client-based management of an account. Using e-info gives Members the ability to manage devices online by ordering supplies, checking status orders, initiating service requests, inputting meter reads, and generally reviewing all accounting facets. This information is extracted from the Patrol Wi-Fi device we install on all printers on the day of delivery. Patrol safely and securely receives real-time printer information from your print network to order supplies and monitor print volumes, providing the necessary information for powerful reports on printing efficiency.

No more wasted staff time with supply ordering or meter readings — the Patrol device will let us know when to ship toner or schedule routine maintenance.

Table 8: Value-Added Attributes

Line
Item Question Response *

*
36 Describe any product, equipment,
maintenance, or operator training
programs, and any on-boarding
resource or training that you offer
to Sourcewell Members. Include
details, such as whether training is
standard or optional, who provides
training, and any costs that apply.

Staples can introduce a comprehensive communication campaign prior to program launch to ensure participating Member's employees have a full understanding of their new Staples program. As a standard, we train through online webinars to ensure participating Member's employees across locations and remote users have access to the sessions. Other types of training sessions can be provided, if needed. Our Field Marketing team will customize a plan to maximize program awareness at all your locations, including providing information on available trainings.

Tools and support materials are always available at StaplesAdvantage.com/Information.

Customized materials can be provided upon request. Training sessions can also be scheduled as needed throughout the life of your program.

JANITORIAL TRAINING PROGRAMS
To create a successful janitorial program for participating Members, Staples provides customized training programs to demonstrate the best procedures for your staff to use our products. By employing the correct procedures and techniques, Members' facilities staff will dramatically reduce its labor and product costs, increase productivity and improve their sustainability program.

We have a dedicated Facilities Technical Training team for both customer and in-house training. This team has an average of 25 years' experience and is certified in the ISSA Cleaning Industry Management Standard, ISSA Cleaning Industry Training Standard, OSHA and GHS standards.

We use a library of ISSA-certified training programs along with customized curriculum developed for the specific needs of our customers. Our training materials include process manuals and bi-lingual wall charts. Training methods include onsite and web-based programs, as well as in-person at our training facility in Aurora, Colorado.

The courses we provide include:
• Introduction to cleaning
• General safety
• Hard floor care
• Restroom care
• General cleaning
• Carpet care
• Hazard communication
• Customer service
Completion of our training program qualifies participating Members' employees for ISSA CITS Master Cleaner Certification.

PRINT & MARKETING TRAINING
Participating Members will receive customized training and extensive ongoing support from your Staples account team to ensure a successful program launch. Your Print & Marketing Account Executive can provide training for your users. It's our goal to make ordering your print products simple and easy.

About four weeks prior to the go live date, our Field Marketing team will create an announcement for Members to send to their users that will help set the tone for their Print program's success. Over the next few weeks we'll follow up with Coming Soon communications to promote program awareness and advantages of your new program with Staples. Staples can send training announcements to users with dates and web-based training details, plus user guides. Their Print & Marketing Account Executive will host trainings, ensuring that their trainer has intimate knowledge of their program details.

Once the program launch is complete, participating Member's Print & Marketing Account Executive will continue to monitor the print program to identify areas of improvement and opportunity for increased efficiencies.

MANAGED PRINT SERVICES
Training for printers and copiers will be performed upon delivery of new equipment and offered through the term of the agreement at no charge. Training is provided by either the DEX Imaging Help Desk Team, Customer Service Team, or our Systems Engineer team.

Users will be given key-op training and instructions sheets for better understanding of the equipment. Initial training happens at install and should include all users pointed to a specific device. Multilayer training is available for users of different skill levels. Training will include functionality of the device, operating within the workflow of a specific department, responsible use of the equipment, describing policies set forth by the Administration team as well as general use directions. Ongoing training can be scheduled with the account team and is suggested for new employees, workflow changes, departmental changes and new policies implemented by the facility.

DocuSign Envelope ID: 4D82BD89-57E9-4B05-B822-2A0034DCA09F

*

*
37 Describe any technological
advances that your proposed
products or services offer.

To remain at the forefront of our industry, we are constantly implementing new and innovative ideas so that we can enhance the services and offerings we bring to our customers. Some of our current innovations include the following:

WORKLIFE PRODUCTS & SOLUTIONS
With the introduction of our new innovative products we offer tools and systems that help drive solutions in business essentials, breakroom, facilities, technology, and furniture. • Tru Red. Thoughtfully designed business essentials to help you work, create and innovate better. Quality tested and engineered to last. • NXT Technologies. Tech products to keep your teams connected and productive — whether they're at the office or the airport, a coffeehouse or the couch. • Coastwide Professional. Professional-grade facility and pack and ship supplies built to spec and made to perform, with no wasted product or labor. • Perk. Breakroom essentials designed with quality, value and just the right touch of personality to bring fun and energy to break time.
• Union & Scale. Furniture and decor that work together in perfect harmony. There's a collection for every style and work style.

BLUPRINT™ SITE ASSESSMENT TOOL
The Staples BluPrint app is the industry's first and only mobile solution for site assessments for janitorial and facilities programs. Using this innovative tool, the Staples Facilities Specialist can take pictures of various areas and have a conversation with the facility manager about their recommendations for enhancing current assets. Later, a report is generated that includes those pictures as well as a written description of the recommendation and rationale behind it. Then, the Staples Facilities Specialist shares a customized presentation translating our findings into a straightforward, impactful current versus future state comparison.

SMARTSIZE PACKAGING™
Order delivery is a major area of Staples' and our customers shared environmental footprint.

Staples has rolled out award-winning SmartSize technology to most of our U.S. fulfillment centers that tailors box sizes to the exact size of the order. In addition to utilizing about 20% less corrugate, SmartSize lessens our use of air pillows by approximately 60%. In addition, it not only reduces packaging waste, but helps optimize the available space of our courier vehicles.

ROBOTIC MATERIAL HANDLING SOLUTION
Staples recently developed a cutting-edge robotic material handling solution for our fulfillment centers. Unlike other systems in the market today, the automated robotic storage and retrieval system incorporates two types of automated guided vehicles into a unified system that brings both high and low cubic velocity items to a single pick and pack station. This unique robotic material handling solution provides a more efficient and flexible warehousing operation that improves service to our customers.

This solution is live in four of our fulfillment centers and is rolling out across our remaining fulfillment centers in the months to come. We are also exploring other potential applications for our groundbreaking technology outside of our fulfillment centers.

E-COMMERCE
Staples' new strategy is driven by the company's commitment to helping professionals make their workplaces more productive and connected, and to provide products and services designed to help inspire colleagues to do their best, most creative work.

Central to our reimagined brand is an upcoming new, interactive digital experience to make it easier for customers to build a workplace that makes every employee's Worklife fulfilling and collaborative. The future online experience will connect customers to products and solutions in a variety of ways, from intelligent content and peer recommendations, to intuitive shopping and buying tools. Recent enhancements include making it easier to find and reorder product, improving basic ordering features and adding more self-service features.

PRINT
Technological advances are critical to our corporate strategy. Within print, new direct-to-plate, electronic proofing, digital presses, and electronic pre-press are constantly evolving. The internet has changed and improved many business processes. Electronic forms of varying complexities continue to improve overall business processes. The communications infrastructure required to successfully integrate these technologies is also improving. All these technologies, and more, are changing the printing industry.

MANAGED PRINT SERVICES
Patrol box is a device hardware, firmware and server application that was developed by DEX Imaging's internal R&D department. It is a patented device that uses smart technology for supply replenishment. To date, over 10 patents have been filed for the PrintCounts embedded Patrol device and requisite software.
38 Describe any “green” initiatives
that relate to your company or to
your products or services, and
include a list of the certifying
agency for each.

Staples offers a full array of sustainability solutions to help participating Members meet their sustainability goals. As a partner committed to sustainability, we carry a large assortment of eco-responsible products across all our product categories, provide comprehensive environmental reporting and offer industry-leading recycling and waste reduction programs.

Our sustainability experts can design a program tailored to each participating Member's goals and our Field Marketing personnel will help promote it to their employees. Please see Attachment 5 for more details.

DocuSign Envelope ID: 4D82BD89-57E9-4B05-B822-2A0034DCA09F

39 Identify any third-party issued eco-
labels, ratings or certifications
awarded to the equipment or
products included in your Proposal
related to energy efficiency or
conservation, life-cycle design
(cradle-to-cradle), or other
green/sustainability factors.

ENVIRONMENTAL CERTIFICATIONS
ENERGY STAR® CERTIFICATION
To improve energy efficiency, we began participating in the ENERGY STAR Building Certification program with the goal of certifying 50% of our active facilities by the end of 2020. At the end of 2018, 51% of our active facilities were ENERGY STAR certified, reaching our goal ahead of schedule. Each certified site has increased energy efficiency by 20% to 30%. For our efforts, Staples has received the EPA's ENERGY STAR Partner of the Year Award for 9 consecutive years.

ENVIRONMENTAL PRODUCT CERTIFICATIONS
Staples offers a wide array of eco-conscious products that are third-party certified. We track dozens of leading environmental certifications down to the product level, which we can then report to our customers. These items are easily identified in our catalogs and online.

Some examples include:
• ENERGY STAR and EPEAT qualified technology
• FSC certified, recycled and alternative fiber-based papers • Green Seal™, UL EcoLogo, and U.S. EPA Safer Choice certified cleaners • AP non-toxic certified writing instruments and art supplies • GREENGUARD, Indoor Advantage and LEVEL-certified furniture

ENVIRONMENTAL PARTNERSHIPS & AFFILIATIONS
• Sustainable Purchasing Leadership Council (SPLC) – This non-profit organization supports and recognizes purchasing leadership that accelerates the transition to a prosperous and sustainable future. Staples is a member of this organization as both a supplier and purchaser.
• U.S. EPA ENERGY STAR for Buildings Partner – Staples joined the ENERGY STAR for Buildings program to advance energy efficiency in our operations. • U.S. EPA WasteWise Partner – This voluntary program focuses on helping organizations eliminate waste and increase recycling rates across their operations; Staples joined in 2005.

The program has helped us measure and set goals for waste reduction and recycling internally.
• U.S. EPA Sustainable Materials Management Electronics Challenge Partner – This voluntary program works to increase the number of electronic devices collected and safely recycled in the U.S. Staples was the first retailer to offer a national office technology- recycling program.
• GreenBlue Sustainable Packaging Coalition (SPC) – This non-profit, multi-stakeholder group is dedicated to a more robust environmental vision for packaging. Through strong member support, an informed and science-based approach, supply chain collaborations and continuous outreach, the SPC endeavors to build packaging systems that encourage economic prosperity and a sustainable flow of materials. • GreenBlue Forest Products Working Group – This brings together leading companies that rely on paper, wood and other forest products to share their knowledge and develop innovative solutions to support thriving forests and the forest products industry. • Rainforest Alliance Appalachian Woodlands Alliance (AWA) – We have been working with Rainforest Alliance and several other brands as part of the AWA for several years to explore and test new models for advancing responsible forestry practices in the southeastern U.S.
• Carbon Disclosure Project – We have voluntarily reported our greenhouse gas emissions inventory data to this organization since 2005 as part of our commitment to reducing our global carbon emissions. We also share our emissions data with any commercial and enterprise customer who requests it through the CDP Supply Chain program. • EcoVadis – Staples works with EcoVadis, the world's most trusted provider of business sustainability ratings.

*
40 Describe any Women or Minority
Business Entity (WMBE), Small
Business Entity (SBE), or veteran
owned business certifications that
your company or hub partners
have obtained. Upload
documentation of certification (as
applicable) in the document upload
section of your response.

Staples shares Sourcewell and its participating Members' commitment to diversity and offers your choice of two diversity programs to achieve participating Member's diverse and small business supplier spending goals.

DIVERSITY ONE PROGRAM
We've formed strategic alliances with highly respected and experienced diverse and small business suppliers. Using a rigorous supplier qualification process, our Diversity One program connects participating Members with a certified supplier who will collaborate with Staples to provide a fully managed program that meets the quality standards, service and scope required.

We find successful, independently owned and credible diverse companies and help them grow their businesses, create jobs and expand their offerings. Staples provides our Diversity One suppliers with extensive coaching and mentoring to build capacity within their organizations.

DIVERSITY TWO PROGRAM
With this program, participating Members can access a wide selection of high quality, cost- effective products manufactured by diverse and small business suppliers. Participating Members can benefit from:
• A wide selection of high-quality products easily identified by MBE and WBE symbols • Products across every category — business essentials, furniture solutions, facility solutions and technology solutions
• Detailed reporting and tracking of their diverse product spend • Expert, consultative support from their Staples Account Manager, who will identify opportunities to utilize these product groups and report on the Member's progress Please note that Staples reserves the right to implement a pricing upcharge when setting up a Tier One program for any participating Member.

*

DocuSign Envelope ID: 4D82BD89-57E9-4B05-B822-2A0034DCA09F

*
41 What unique attributes does your
company, your products, or your
services offer to Sourcewell
Members? What makes your
proposed solutions unique in your
industry as it applies to Sourcewell
members?
As Sourcewell's current contract supplier, we plan on increasing our overall value and to continue offering built-in flexibility to accommodate the evolving needs of your participating Members. Our new proposal offers a full-service approach that contains the following elements and molds them into a cohesive, cost-reducing procurement program that is unmatched by other suppliers in our industry:
• Worklife Solutions – Participating Members can maximize unique supplier consolidation savings through our integrated product and service offering, which includes business essentials, facility solutions, breakroom offerings, business furniture and interior design services, pack and ship supplies, technology products and services, promotional products and print and marketing services.
• Financial Strength – You never need to worry about us falling short or cutting corners.

Our leading financial position allows us to continually invest in our business and provides participating Members with the confidence of working with a strong and stable supplier. • Dedicated Account Team – We put together a full, dedicated team for participating Members' business. Your Account Manager provides insights and recommendations on Worklife solutions. Your Customer Success Consultant manages your programmatic needs and a Site Management team proactively ensures compliance of your program across all locations.
• Category Expertise – Industry experts provide assessments and advice on products and process efficiencies.
• Superior Delivery Execution – Rely on free, accurate next-business-day delivery to your locations from our strategically located, state-of-the-art fulfillment centers. • E-Procurement Expertise – Our website provides easy online ordering, the ability to set spend limits and approval flows, line item budget center to charge orders to multiple departments and transactional details to easily reconcile orders. Order management is easy with shopping lists for fast reordering, order tracking, delivery notifications, free returns, reporting and online bill pay. And, we have experience integrating with over 300 third-party purchasing platforms.
• Recognized Customer Call Centers – Exceeding your expectations is our highest priority. Our knowledgeable Customer Service team is ready to solve your problem in one call.
• Largest Retail Network – Our industry-leading network of U.S. stores gives participating Members easy same-day purchasing solutions. Your employees can make in-store purchases and receive your customer pricing for both office supplies and a full range of print solutions on marketing and print services. Or, use our Buy Online, Pick Up in Store option, and your items will normally be available for pick up in less than one hour. • Managed Print Services – DEX Imaging is completely unique in its approach to manage print. We offer multiple programs in managed print to accommodate the various types of organizations and buying strategies. The programs listed within this RFP are by themselves incredibly flexible, and our ability to cross pollinate between these programs is what truly separates us from the competition. This flexibility allows us to partner with any organization regardless of structure and/or financial limitation. • Incentives & Recognition – Staples Promotional Products' incentive and recognition offering is a full-service program built around strategy, technology, execution and ROI measurement. It is the pairing of these services and the people who bring them to clients that creates differentiation. Providing counsel on the best approach and the best way to invest funds in an incentive program means we will counsel you on methods that save you money as well. We can offer participating Members multiple economical options to meet their requirements.
• Corporate Responsibility – We are committed to corporate responsibility and recognize the close connection between our success and our efforts in the areas of environmental sustainability, ethics, diversity and community.
• Worklife Magazine – In 2019, we launched the first issue of our quarterly magazine, Staples Worklife. Available online and in print, this magazine is for professionals and offers insights, ideas and practical know-how for decision-makers and problem-solvers. It features exclusive interviews with today's trailblazers and articles written by business and productivity experts.

With Staples, our focus is our customers' Worklife needs. Sourcewell participating Members can rely on expertise that helps them make smarter purchasing decisions. With the introduction of our new innovative products we offer tools and systems that help drive solutions in business essentials, breakroom, facilities, technology and furniture. • Tru Red – Thoughtfully designed business essentials to help you work, create and innovate better. Quality tested and engineered to last. • NXT Technologies – Tech products to keep your teams connected and productive — whether they're at the office or the airport, a coffeehouse or the couch. • Coastwide Professional – Professional-grade facility and ship and pack supplies built to spec and made to perform, with no wasted product or labor. • Perk – Breakroom essentials designed with quality, value and just the right touch of personality to bring fun and energy to break time.
• Union & Scale – Furniture and decor that work together in perfect harmony. There's a collection for every style and work style.

42 Identify your ability and willingness
to provide your products and
services to Sourcewell member
agencies in Canada.

Staples is willing to explore providing goods and services to Sourcewell participating Members located outside the U.S. Sales to such locations will be made in accordance with the operational requirements of our non-U.S. businesses, as well as the requirements of applicable local law. Please note that expanding the use of this contract into other countries will require addenda to the contract, as Staples uses separate legal entities in its non-U.S. operations.

*

Table 9: Warranty and Performance Standards

Describe in detail the warranties applicable to the equipment or products included in your proposal, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below.

Line
Item Question Response *
43 Do warranties cover all products, parts, and labor? Supplier expressly warrants that it will provide Buyer with pass-through of all manufacturers' warranties for all office products sold to Buyer. Supplier expressly warrants that all Supplier-branded Office Products provided by it are: (1) merchantable; (2) of good quality and workmanship; (3) free from defects, latent or patent, in material, design, and workmanship for whichever period is shorter, either (a) one year from the date of purchase, or (b) as otherwise specified on the packaging of the Office Products; (4) fit, sufficient and safe for their intended purpose and for the particular purpose for which they were designed; and (5) in conformity with Supplier's samples, if any.

CUSTOM-IMPRINTED PRODUCTS
Prior to Supplier's production of custom products such as print or promotional items and items which contain a corporate or personal logo, name or other marking of Buyer (hereinafter “Print Products”), Supplier shall submit to Buyer samples or an appropriate proof of each item, for Buyer's written approval of the Print Products. Buyer agrees to promptly review any items submitted to Buyer for approval under this section.

Supplier warrants that Print Products in their unaltered, unmodified form are free from defects in design, workmanship and materials and are in compliance with the specifications agreed to by the Parties. In the event any defects in design, workmanship or materials, or material deviation from the specifications or claims made by Supplier, are discovered by Buyer, Buyer's sole and exclusive remedy shall be, at Supplier's sole election, for Supplier to replace the defective Print Product at Supplier's expense or to credit Buyer's account for the net amount actually paid by Buyer to Supplier for the applicable Print Product, provided that Supplier is reasonably certain that the warranty claim is valid and was not caused by Buyer.

The following terms apply when Members provide content for Staples to reproduce:

Buyer Warranty. Buyer represents and warrants that it owns or has the right and license to use, adapt and reproduce Buyer Property. Buyer represents and warrants that Buyer Property shall not infringe or misappropriate any patent, trademark, trade secret, mask work, copyright, design or any other proprietary right of any third party, and complies with all applicable federal, state and local laws, regulations, and rules. Buyer grants to Supplier a non- exclusive, worldwide, royalty-free and fully paid up right and license to use, reproduce and incorporate Buyer Property solely in connection with Supplier's obligations hereunder. Supplier acknowledges that, as between Supplier and Buyer, Buyer owns, controls and shall retain all ownership rights in and to Buyer Property. All proprietary rights and goodwill in the Buyer Property shall inure to the benefit of Buyer and not Supplier. Supplier shall acquire no intellectual property rights in the Buyer Property by reason of its use thereof, and if, by operation of law, or otherwise, Supplier is deemed to, or appears to, own any intellectual property in the Buyer Property, Supplier shall, at Buyer's request, execute any and all documents necessary to confirm or otherwise establish Buyer's rights therein. Buyer acknowledges that, as between Supplier and Buyer, Supplier owns, controls and shall retain all ownership rights in and to Supplier's proprietary systems and business processes and any designs, artwork, prototypes, or other materials prepared or produced by or for Supplier.

Buyer's Property means the trade names, logos, artwork, forms, trademarks, copyrights, trade devices, trade dress, service marks, symbols, abbreviations, registered marks, indicia of ownership, information, representations, descriptions, classifications, characterizations, statements, or language contained in or on any print or electronic content or materials provided to Supplier by Buyer in connection with Supplier's performance hereunder.

To the extent permitted by applicable law, Buyer shall indemnify, defend and hold harmless Supplier for any third party claims, suits, judgments, and costs instituted or recovered against Staples for any alleged or actual infringement

*

of any patent, copyright, trademark, trade secret or other intellectual property or other rights of a third party resulting from (i) Buyer's breach of Buyer's warranty related to Buyer Property; or (ii) Supplier's use of Buyer Property in accordance with the specifications provided by Buyer.

SERVICES WARRANTY
Supplier warrants that the Services shall meet or exceed generally accepted standards in the industry and shall meet any required specifications mutually agreed upon by Supplier and Buyer. Staples' labor services are warrantied for one year.

MANAGED PRINT SERVICES
Each of the programs contract includes supplies, service/maintenance, and parts. DEX Imaging also offers a Lifetime Performance Guarantee on all products and services. Provided that equipment is maintained and serviced under a DEX Equipment Maintenance & Supply Agreement (EMS), DEX Imaging guarantees it. If a unit is not performing up to manufacturer specifications/expectations and DEX Imaging is unable to repair the unit, it will be replaced at no charge.

GENERAL WARRANTY DISCLAIMER
These warranties are exclusive and in lieu of all others, whether oral or written, express or implied. Supplier specifically disclaims any and all implied warranties, including, without limitation, any implied warranties of merchantability and/or fitness for a particular purpose.

44 Do warranties impose usage restrictions or other
limitations that adversely affect coverage?
Please see our response to Question 43 above. *
45 Do warranties cover the expense of technicians'
travel time and mileage to perform warranty
repairs?
Please see our response to Question 43 above.
*
46 Are there any geographic regions of the United
States (and Canada, if applicable) for which you
cannot provide a certified technician to perform
warranty repairs? How will Sourcewell Members in
these regions be provided service for warranty
repair?
Our proposal includes service to all geographic areas in the continental U.S. and Alaska. There are some exceptions for Hawaii and other U.S. territories.

Staples is not including Canada in the scope of our proposal.

For products purchased through Staples, all manufacturer warranties are passed on to the Member and upheld. Staples will reasonably assist in coordinating the repair or replacement of the product by the manufacturer.

*
47 Will you cover warranty service for items made by
other manufacturers that are part of your proposal, or
are these warranties issues typically passed on to
the original equipment manufacturer?
For products purchased through Staples, all manufacturer warranties are passed on to the Member and upheld. Staples will reasonably assist in coordinating the repair or replacement of the product by the manufacturer.

Please see our response to Question 43 for more details.

MANAGED PRINT SERVICES
Service is included on all print devices covered under your MPS contract.

DEX Imaging performance guarantee extends beyond manufacturer warranty.

Please see our response to Question 43 for more details.

*
48 What are your proposed exchange and return
programs and policies?
If for any reason you are not completely satisfied with a product purchased from Staples, you may return it within the applicable return period. We will gladly accept returns of a product in resalable condition with its complete and original manufacturers' packaging intact and undamaged, including Universal Product Code (UPC), manuals and parts and a copy of the packing slip.

At any time, you can call our Customer Service team to submit a return or use our no-hassle online return process offered through StaplesAdvantage.com. Your delivery driver will pick up the returned item, so no shipping expense is required from you. Credit for returned items is issued once the items are received at the Staples fulfillment center. Typically, returns are picked up within 1 to 5 business days and the credit is released within 24 to 48 hours after receipt of the items.

RETURN PERIODS BY PRODUCT
• Office Supplies, School Supplies and Facilities Supplies – 30 Days • Software (unopened)* – 30 Days
• Opened or defective software may be exchanged for the same title and version within 30 calendar days of receiving the software. • Technology Items and Business Machines – 14 Days
• Furniture – 14 Days after delivery (Only products in new condition, unassembled and in original packaging are eligible for return. A restocking fee may apply. Special-order or non-stocked furniture is not returnable, unless such products arrive damaged or defective.)
• Non-Stock Products – Not returnable unless damaged/defective (within 30 days)
• Custom-Imprinted Products – Not returnable unless damaged/defective

FACILITY SUPPLIES & EQUIPMENT
We gladly accept the return of stock merchandise within 30 days from the date of delivery. Large orders and merchandise returned after 30 days may be subject to a restocking fee. Additional charges may be incurred for shipping and handling of hazardous or oversized materials. Partial cartons of hazardous materials cannot be returned. Equipment, including custom configured equipment, returns are subject to applicable manufacturer terms and restrictions.

FURNITURE

DocuSign Envelope ID: 4D82BD89-57E9-4B05-B822-2A0034DCA09F

If for any reason you aren't completely satisfied with a furniture product, or if a product arrives damaged or is found to be defective, you may request to return it within 14 days of its delivery. Sourcewell participating Members can contact your Customer Service team to initiate the return process. The product must be returned to Staples with its complete and original packaging intact (original UPC code, packaging materials, instructions, manuals, etc.).

Special order, customized, manufacturer-direct shipped or assembled items are not returnable, unless such products arrive damaged or defective.

PRINT & MARKETING SERVICES
Custom imprinted products are not returnable unless damaged or defective.

These items may include, but are not limited to, all business cards, business forms, letterhead, promotional products, products customized per customer's specifications and products that have been imprinted with the customer's trademark, trade name, service mark and/or logo. Staples can work with participating Members throughout the design and proofing process to ensure your print products match your exact specifications. We conduct a thorough analysis of all damaged or defective products to ensure quality issues are corrected at our production facilities.

PROMOTIONAL PRODUCTS
Should a product arrive damaged or defective, please contact our Promotional Products Customer Care team to report it within 48 hours of receipt. Based on the specific damage or defect, Staples will either replace the item or issue a credit to your account. We conduct a thorough analysis of all damaged or defective products to ensure quality issues are corrected at our production facilities.

TECHNOLOGY PRODUCTS
At any time, Sourcewell participating Members can contact your Staples Technology Solutions (STS) Customer Service Representative for a Return Authorization (RA) number before returning any product. All returns/replacements must be in their original packaging and in resalable condition. We are unable to accept returns of non-stock, obsolete or special- order items that were ordered incorrectly. If product is being returned due to an error by STS, our Customer Service Department will provide a return authorization (RA) number and call tag to pick up the product. Returns of certain IT hardware are governed by the policies for return supported by the distribution source and manufacturers used. These may limit returns of non- defective items to a certain time period. They may limit returns of items once opened. They may include specific restocking fees. STS will actively work on behalf of Sourcewell to minimize and mitigate the impact of these limits and fees. We will ship replacement product on the same day that STS is made aware of the situation, as long as it is prior to 3:00 p.m. EST.

MANAGED PRINT SERVICES
DEX Imaging offers multiple programs which gives us the ability to provide a replacement or service loaner machine, if existing isn't operating up to standard, under our Performance Guarantee. Our rental programs also allow flexibility to change equipment if your environment circumstances change – i.e. you can swap out a Mono Printer for a Color Printer. Our Hot Spot Program is also available for devices that are under rental. Under this program, devices can be replaced on the fly, keeping critical areas at a

99.9% uptime.

DAMAGED/DEFECTIVE ITEMS
Please call your Customer Service team to return damaged or defective products. Your account will be credited when returned merchandise is received back into inventory. We conduct a thorough analysis of all damaged or defective products to ensure that our manufacturers correct any quality issues.

IMPORTANT NOTES ABOUT ALL RETURNS
• Non-defective dated goods such as forms, batteries, film, toner and ink cartridges are subject to approval and require a Return Authorization for credit. • Calendars cannot be returned after January 31 of the year to which they correspond.
• For health and safety reasons, food, beverages, first aid and medical products cannot be returned.
• For similar reasons, janitorial and sanitation products (such as cleaning chemicals) can only be returned in unopened and unaltered original case quantities and packaging.
• Products purchased in bulk, including those intended to be used during a World Health Organization epidemic or pandemic alert, are subject to review prior to return.
• Neither party shall be liable for any consequential, incidental, special or exemplary damages arising out of or in connection with the sale, delivery, use or performance of the product. In no event shall Staples be liable (whether in contract, tort or otherwise) for damages arising out of or relating to a breach of any warranty or the sales, delivery, installation, use or performance of the product that exceed the purchase price of the product. • Additional charges may be incurred for the shipping and handling of

*

DocuSign Envelope ID: 4D82BD89-57E9-4B05-B822-2A0034DCA09F

products classified as hazardous or oversized materials. Partial cartons or opened containers of hazardous materials cannot be returned. It is your responsibility to ensure the products are used and disposed of in accordance with all applicable federal, state, county and local laws and regulations, including environmental rules and regulations.

49 Describe any service contract options for the items
included in your proposal.

Staples offers a number of lease/service agreement options to meet Sourcewell Members' unique product and/or service needs. These lease options may include the following products and/or services and may require additional signed agreements between Staples and the requesting Sourcewell Member:

Coffee: We provide the coffee brewer, installation; maintenance and service through the term of the lease as long as the minimum spend requirements are met for coffee products. Minimum spend requirements vary by type of brewer.

Water: Program offered is a lease agreement – the customer pays established fees per month and Staples installs, maintains and services the filtration unit. The customer pays for the number of 5-gallon water bottles delivered to them and has an option to lease a water dispenser if desired – or they can choose to use their own 5-gallon water dispenser.

Ware Wash: Utilizes equipment that dispenses chemicals into a commercial dishwasher and Diversey provides the installation and the service as part of the customer's purchase of the Diversey chemicals through Staples.

Managed Print Services. DEX Imaging's Managed Print Services help participating Members create a more efficient, customized and sustainable printing network. We can help Sourcewell's participating Members customize a solution that utilizes a vendor neutral strategy which allows us to provide service and support for most print models and devices.

*

DocuSign Envelope ID: 4D82BD89-57E9-4B05-B822-2A0034DCA09F

50 Describe any performance standards or guarantees
that apply to your services (back-orders, retired
products, substitutions, order delays or problems,
metrics, etc.).

Delivering your order complete, correct, undamaged and on-time is as important to us as it is to you. Our Supply Chain Quality Assurance team partners cross-functionally within the Staples organization to drive an outstanding customer experience. This means we strive for orders to be picked complete and correct, delivered on-time to the correct location, without damages or defects, every day. The Staples' Supply Chain Quality Program includes:
• Quality Assurance Supervisors and Leads located in each of our fulfillment centers to drive process improvements
• A central Supply Chain Quality Assurance team that develops tools and processes to help local Quality Assurance teams identify and address defects within the order fulfillment process
• Conducting weekly interactive and cross-functional collaboration forums to share best demonstrated practices and trends within the business • Tracking key metrics on a daily, weekly and monthly basis

THE PROOF IS IN THE NUMBERS
We track a variety of metrics to measure quality and service throughout our fulfillment and delivery operations.
• Fill Rate – Calculated as the percentage of in-stock items shipped from your primary fulfillment center. Our fill rate for 2018 was 97.1%. • Missing & Wrong Rate – Calculated as the percentage of total orders with an error. We count each issue within one order as separate errors. Our missing and wrong rate for 2018 was 0.37%.
• Returns Rate – Calculated as the percentage of returns placed. When returns occur, we have processes in place to credit you quickly. Our returns rate for 2018 was 1.45%.
• Delivered by Date Confirmed – Calculated as the percent of fulfilled shipments (excluding dropship) where all cartons were delivered on or before the date promised at order confirmation. Our delivered by date confirmed rate for 2018 was 92%.

If quality levels fall below expectations, we use a combination of root cause analysis and process improvement techniques to identify and resolve the problem. Our continuous improvement processes have resulted in year-over- year quality level improvement.

BACKORDERS
Staples goes to great lengths to stock the right assortment of products to meet our customers' needs. We use sophisticated inventory models to ensure that items are stocked in the right fulfillment centers and in the right quantities. We continuously gather customer input to determine which products to include in future stocking models, including the slower moving but necessary ones.

Staples' fulfillment logic can source an item from the next closest fulfillment center or a wholesaler when an item is temporarily out of stock. This platform technology allows Staples to fulfill a high percentage of orders immediately.

Orders filled by wholesalers are married up with your Staples orders for seamless, on-time delivery. During the implementation process, Staples can work with participating Members to eliminate wholesale items from your core list to offer the best selection of items at the optimal price.

Users on StaplesAdvantage.com can also confirm that an item will be delivered the next business day by viewing the Expected Delivery Date notification which automatically displays per item during check out. The checkout page displays a banner when there's an out of stock item. This provides the end user with the opportunity to choose a replacement the item, if preferred.

When backorder situations occur, customers receive an email notification alerting them of the delay and of the expected delivery date.

*

Table 10: Payment Terms and Financing Options

Line
Item Question Response *
51 What are your payment terms (e.g., net 10, net 30)? Staples' standard payment terms are Net 30 days. Each participating Member will remit all invoice payments, including all taxes on its product purchases to Staples in thirty (30) calendar days from receipt of invoice, unless otherwise agreed to in writing by Staples and Member. In the event a participating Member fails to comply in any material respect with the foregoing payment terms, Staples may, at its sole discretion and in addition to any other right or remedy available under applicable law or in equity, immediately suspend all deliveries to such Member's location(s) by written notice to such participating Member and to Sourcewell.

*

52 Do you provide leasing or financing options, especially those options that schools and governmental entities may need to use in order to make certain acquisitions?
Staples is flexible and utilizes multiple third-party leasing sources for eligible Staples customers. Participating Members may have an existing relationship with their own choice of leasing providers, and we may work with that provider if mutually agreed to.

Leasing terms and conditions vary by lease provider and the requirements of the acquisition and are determined as the solution is developed and the leasing source is finalized. Our broad range of leasing options is flexible so that you can tailor the length, acquisition type and amount of your payments to meet your business' needs. Lease options include capital or operating lease options, giving you end of term options to keep (own), upgrade or return assets. Leases may allow for certain soft expenses like service, software and accessories to be include in the monthly payments for an asset acquired under lease. Staples can work with your organization to help finalize the option that best suits your needs.

*
53 Briefly describe your proposed order process. Include enough detail to support your ability to report quarterly sales to Sourcewell as described in the Contract template.

For example, indicate whether your dealer network is
included in your response and whether each dealer (or
some other entity) will process the Sourcewell Members' purchase orders.

Staples operates as a reseller/distributor and does not have a dealer network. Our key business goals center on helping our customers simplify the ordering process, eliminating hidden costs in the procurement process and enhancing delivery accuracy. We offer a variety of ordering methods to achieve these goals:
• Online via StaplesAdvantage.com
• Mobile App
• Electronic Data Interchange (EDI)
• Third-party interface
• Buy Online, Pick Up in Store
• Telephone (toll-free number)

ORDER FULFILLMENT PROCESS
1) Order Placement – Once Staples receive the participating Member's order, it is entered into our order management system.

Our system manages customer requirements and validates each order as it is placed.
2) Order Sourcing & Routing – Once in our system, the order goes through a standardized process that determines how to fill the order. The system chooses the best location to source the item, either from the primary or secondary fulfillment center or from a wholesaler — whichever will provide the shortest delivery time for the customer.
3) Box Creation – Next, the warehouse management system creates the optimal box size for each order. Our system analyzes the dimension and weight of each product to ensure their order is protected against damages without excess packaging material. Each carton receives a unique barcode to track it throughout the order cycle in our package tracking system.
4) Order Picking & Quality Control – Fulfillment associates pick orders, inspect for quality and pack orders for shipment. Methods for picking orders include pick-to-light, robotic picking and system- generated tasks to pick everything from a full pallet of paper to an individual toner cartridge. Sophisticated conveyor systems direct cartons through the required pick zones, through Quality Control for final inspection and then finally onto the correct truck for delivery. We perform regular analysis to ensure every order is a complete order — delivered the next business day, without substitutions or damaged, wrong or missing items.
5) Delivery – Once the source for an order is determined, our order management system determines the best method for delivery.

Package tracking information uploads into our system once the fulfillment center processes the order for shipping. This tracking system reduces delays, errors and provides visibility to Customer Service Representatives and delivery associates. Customers can check the status of their orders through package tracking on our e- commerce site without contacting customer service.

QUARTERLY REPORTING TO SOURCEWELL
Staples understands this requirement and has the ability to provide quarterly reporting as requested. However, further discussion is requested on the distribution methods for reporting due to the size and scope of the metrics and transactions to be included.

*
54 Do you accept the P-card procurement and payment
process? If so, is there any additional cost to Sourcewell Members for using this process?
Yes. Procurement Cards (P-Cards) represented by one of the major credit cards (Visa, MasterCard, American Express and Discover) may be used at the time of purchase. However, P-cards may not be used to pay invoices.

*

Table 11: Pricing and Delivery

Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can

be made during the term of an awarded Contract as desribed in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form.

Line
Item Question Response *
55 Describe your pricing model (e.g., line-item discounts or product-category discounts). Provide detailed pricing data (including standard or list pricing and the Sourcewell
discounted price) on all of the items that you want
Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal.

Upload your pricing materials (if applicable) in the document upload section of your response.

Staples proposed pricing model is designed to take advantage of our industry leading assortment of products, equipment and services.

The offering includes a large number of net priced items on the Core List that facilitates price stability on office supplies, school supplies, facility solutions, breakroom products, technology products, furniture and other business essential supplies.

Additionally, there is pricing for services and manufactured items like managed print services, promotional products, and printing. Rounding out the offering is non-core pricing that will take advantage of leveraging Staples' strength as one of the largest sellers of office supplies on the Internet.

Today, market-based pricing provides full visibility and disclosure of pricing. Successful online sellers like Staples invest in systems and intelligence gathering to strive to ensure that market-based prices are set and maintained in a market-competitive structure.

*

DocuSign Envelope ID: 4D82BD89-57E9-4B05-B822-2A0034DCA09F 56 Quantify the pricing discount represented by the pricing proposal in this response. For example, if the pricing in your response represents a percentage discount from MSRP or list, state the percentage or percentage range.

Staples proposes the following pricing structure:

Core List. The “Core List” represents net priced items which are inclusive of those products predicted to be the most commonly used products by Sourcewell and its participating Members. Prices for Core List items provided under this contract are set forth in Exhibit 1.

The prices for Core List Items, excluding Premium Products may be updated biannually on August 1st and February 1st of each year during the term that this contract in effect. Staples may request a price change adjustment for Core List items by submitting a price change addendum to Sourcewell thirty (30) days prior to August 1st and February 1st to reflect changes in stock availability, market conditions, buying expense, tariffs and other factors that affect the overall cost of such items.

The prices for Premium Products may be updated quarterly of each year during the term that this contract in effect. Premium Products are defined as toner, ink, IT hardware, copy paper and furniture that Members purchase from Staples.

Extraordinary Market Events. Staples reserves the right to reasonably adjust a Core Item's price if extraordinary market events require immediate adjustment (e.g., shortages, trade disputes, natural disasters, etc.) and to adjust pricing with the impact of tariffs, customs, or duties imposed on products. Any such adjustments shall be noticed to Sourcewell with thirty (30) days prior written notice accompanied by supporting documentation. Staples will work with Sourcewell and affected Members to identify alternative products to mitigate the impact of the foregoing where possible.

Updated Items. For purposes of contract management, Staples may provide to Sourcewell an updated report no more than once a calendar quarter, which shall identify the SKU numbers and prices for the new items that Staples and Sourcewell have added, as well as SKU numbers for items that have been removed from the from the Core List. Staples may from time to time propose substitutions to Core Items. Sourcewell agrees that it will not unreasonably withhold its consent.

Custom Pricing; Rebates & Incentives; Other Terms. Staples may * offer additional pricing discounts, rebates and/or incentives to an individual participating Member based upon commitments and variables that may include, but not limited to, Member size and scope, geography, purchase volume, guarantees, logistical expenses, manufacturer support, specific product usage and other contractual terms/requirements. Members receiving custom pricing or incentives may be required to sign a Participation Agreement with Staples.

Non-Core Items. The prices for Non-Core Items shall appear on StaplesAdvantage.com and shall be adjusted to reflect changes in stock availability, market conditions, buying expense, and other factors that affect the overall cost of the Non-Core Items.

Notwithstanding anything to the contrary, Non-Core Items are not subject to customer audit or any pricing guarantee, nor shall Non- Core Items be subject to the Change Request process set forth in this Section 4.

Sourced Goods. Members may request certain goods that are non- stock or custom in nature. The prices for Sourced Goods shall be those prices that appear on the ordering platform at time of order, or as otherwise established between Staples and the applicable participating Member at the time the order is placed. Sourced Goods may include additional delivery or handling charges that would be the responsibility of the ordering Member.

Pricing Exhibits. Please see our Pricing Exhibits for pricing details on the following categories:
• Exhibit 1 – Core List Pricing
• Exhibit 2 – Print & Copy Program
• Exhibit 3 – Promotional Products Program
• Exhibit 4 – Staples Technology Solutions
• Exhibit 5A – Managed Print Services Capabilities
• Exhibit 5B – Managed Print Services Pricing
• Exhibit 5C – Managed Print Services Sample Agreement
Tier One Diversity Program. Staples reserves the right to implement a pricing upcharge when setting up a Tier One program for any Participating Member to reflect the additional cost of the diversity supplier's program.

57 Describe any quantity or volume discounts or rebate
programs that you offer.

Our proposal reflects updated attributes related to pricing, rebates and incentives based on our experience with Sourcewell participating Members' behaviors and desires, as well as market conditions.

Staples may offer additional pricing discounts and/or incentives to an individual participating Member based upon commitments and variables that may include, but not limited to, Member size and scope, geography, purchase volume, guarantees, logistical expenses, manufacturer support, specific product usage and other contractual terms/requirements. Members receiving custom pricing or incentives may be required to sign a Participation Agreement with Staples.

*
58 Propose a method of facilitating “sourced” products or related services, which may be referred to as “open market” items or “nonstandard options”. For example, you may
supply such items “at cost” or “at cost plus a percentage,” or you may supply a quote for each such request.

Staples customers frequently request we source goods and services on their behalf that could be non-stock or custom in nature and are within the scope of our sourcing and distribution capabilities. Staples will also facilitate access to these “Sourced Goods” and services to Sourcewell and its participating Members.

Despite having hundreds of thousands of items available through our e-commerce site, Staples customers often have unique product sourcing needs that range from forklifts to industry-specific proprietary items. To fulfill these unique requests for our customers, Staples maintains a highly specialized non-stock procurement team available to assist our customers with these unique requests. Users can submit special order requests directly through our e-commerce site or through your Staples Account Manager. The non-stock procurement team works diligently to fulfill your product needs quickly and at the lowest possible cost.

The prices for Sourced Goods shall be those prices that appear on the ordering platform at time of order, or as otherwise established between Staples and the applicable participating Member at the time the order is placed. Sourced Goods may include additional delivery or handling charges that would be the responsibility of the ordering Member.

*
59 Identify any element of the total cost of acquisition that is NOT included in the pricing submitted with your response.

This includes all additional charges associated with a
purchase that are not directly identified as freight or shipping charges. For example, list costs for items like pre- delivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer.

There may be additional services available which are associated with certain products, including, but not limited to: furniture, facilities, technology, or water/coffee dispensers, etc. which at the option of the Member may be purchased or leased at the time of
order/agreement. The costs for such services shall be paid to Staples by the Sourcewell Member. Additionally, there may be some items, typically furniture, where there may be an additional fee charge by the manufacturers that will be passed along to the ordering participating Member.

*
60 If freight, delivery, or shipping is an additional cost to the Sourcewell Member, describe in detail the complete freight, shipping, and delivery program.

Staples does not apply additional charges or fees for standard delivery. However, there are some special exceptions where a delivery or special handling fee may apply. Most fees will be displayed in your shopping cart on StaplesAdvantage.com upon ordering.

Common delivery exceptions that require a surcharge include:
• Furniture unpacking or assembly
o Stair Carry for upper floor inside deliveries (lack of freight elevator or access to same)
o Handling support for facilities that do not operate a fully functioning dock
• Expedited deliveries
• Deliveries outside Staples' standard distribution area (Alaska and Hawaii)
• Bulky, fragile, or heavy items such as fireproof file cabinets, cases of water, soda, ice melt and chemicals
• Or as otherwise indicated on our website at the time of purchase.

Surcharges are calculated on a per-order basis. Freight will be listed as a line item charge for all Staples Promotional Products orders.

*
61 Specifically describe freight, shipping, and delivery terms or programs available for Alaska, Hawaii, Canada, or any
offshore delivery.

Staples reserves the right to charge fees to the following locations unless otherwise mutually agreed between Staples and the participating Member.

Delivery to Alaska or Hawaii. The following additional delivery terms apply for shipments to Alaska or Hawaii: Shipments up to 159 lbs. will be shipped with transit times of two to three (2 to 3) business days. Shipments over 159 lbs. or items which cannot be shipped via normal means, including any items which are classified as hazmat or ORM-D (other regulated materials for domestic transport only), are shipped via ocean freight. Staples' policies prohibit shipment of any fully regulated hazmat items. Such items must be shipped directly from the vendor. Ocean shipments will be delivered approximately fourteen (14) calendar days from the date of shipment. All shipments to Alaska or Hawaii will be subject to a 25% surcharge to help offset the cost of freight.

Every country has specific requirements in which both the exporter and importer must follow; here are some additional specific details for U.S. Territories and Possessions:

Delivery to Puerto Rico. The following additional delivery terms apply for shipments to Puerto Rico: Shipments up to 150 lbs. will be shipped with transit times of two (2) business days. Shipments over 150 lbs. are shipped via ocean freight. Any goods classified as ORM-D (other regulated materials for domestic transport only) will also ship ocean freight, regardless of weight. No hazardous goods can be exported to Puerto Rico. Transit time is approximately seven to ten (7 to 10) business days from door-door. Buyer is responsible for all customs or tax filings or applications necessary to effect the importation of the Products. Delays may result from Buyer's failure to satisfy all customs clearance requirements. All taxes, fees, and other costs (including freight) will be charged back to Buyer on a separate invoice.

Delivery to U.S. Virgin Islands. The following additional delivery terms apply for shipments to the U.S. Virgin Islands: Shipments up to 150 lbs. will be shipped UPS WorldShip, using the most commercially advantageous WorldShip service available, with transit times of approximately three (3) business days. Products weighing over 150 lbs. will be shipped via ocean freight. No hazardous goods can be exported to these locations. Any goods classified as ORM-D (other regulated materials for domestic transport only) will ship ocean freight, regardless of weight, and will require an additional five (5) days of transit time. Buyer is responsible for all customs or tax filings or applications necessary to effect the importation of the Products. Delays may result from Buyer's failure to satisfy all customs clearance requirements. All taxes, fees, and other costs (including freight) will be charged back to Buyer on a separate invoice.

Delivery to American Samoa, Guam, Northern Mariana Islands. The following additional delivery terms apply for shipments to American Samoa, Guam, and the Northern Mariana Islands: Shipments up to 150 lbs. will be shipped UPS WorldShip, using the most
commercially advantageous WorldShip service available, with transit times of approximately five (5) business days. Products weighing over 150 lbs. will be shipped via ocean freight. No ORM-D goods or hazardous goods can be exported to these locations. Buyer is responsible for all customs or tax filings or applications necessary to effect the importation of the Products. Delays may result from Buyer's failure to satisfy all customs clearance requirements. All taxes, fees and other costs (including freight) will be charged back to Buyer on a separate invoice.

Import/Export. If Staples agrees to export Products from the U.S. to Buyer's locations outside the U.S. (including but not limited to Mexico, Canada and all U.S. Possessions and Territories) (for these purposes referred to as “Other Locations”), the following applies: (a) Staples will not be the Importer of Record for any Products shipping to Other Locations. Buyer or Buyer's agent shall nominate a customs clearing agent to act on its behalf and to facilitate the import customs clearance process. Buyer shall be responsible for obtaining any documentation, such as special permit(s) or license(s) that may be required to import Products; (b) Buyer shall be responsible for payment of any customs clearance and duties and taxes and the full freight cost of the shipment; (c) Staples will not provide Certificates of Origin (C/O) or Free Trade Agreement certificates; (d) Staples will not export the following Products: ORM-D (Other Regulated Materials- Domestic); consumables; and/or Products prohibited from export by Staples' vendors; (e) Staples will not export Products to Other Locations in the event any export restriction applies; and (f) Staples will not accept returns from Other Locations unless agreed in writing.

*
62 Describe any unique distribution and/or delivery methods or options offered in your proposal.

Staples delivers an average of 675,000 cartons per day. Our delivery experience, combined with our advanced distribution network, makes us the industry leader. We recently increased the square footage across our 24 strategically located fulfillment centers, ensuring we have more product in stock for next-business-day deliveries.

Staples uses a combination of our own fleet, national delivery services, Staples-exclusive carriers and third-party couriers to ensure the fastest, most efficient delivery options for our customers. Our third- party couriers undergo a rigorous evaluation process and we require them to meet our customers' service level agreements. Staples couriers are selected based on the caliber of their management and delivery drivers, their equipment and, more specifically, their ability to provide timely and excellent customer service.

PREMIUM DELIVERY OPTIONS

DocuSign Envelope ID: 4D82BD89-57E9-4B05-B822-2A0034DCA09F

As part of each participating Member's account setup, we may meet to discuss the individual needs and develop delivery protocols that make it easy to do business with Staples. Our normal delivery hours are 8:00 a.m. to 5:00 p.m. local time, Monday through Friday.

Requests for premium delivery service are vetted by our internal transportation team prior to approval. Examples of delivery service exceptions we have approved in the past include:
• Specific delivery windows (before noon, after 10:00 a.m., etc.) • Desktop delivery (desk to desk)
• Inside delivery (specific floor)
• Mailroom delivery (by floor)
• Delivery to copy areas (where we leave a fixed number of cases of paper per mailroom, in some cases, stocking the shelves) • Loading boxes through an X-ray machine prior to making delivery
Additional costs may apply for premium services and is customized based on each participating Member's specific requirements.

SAME-DAY DELIVERIES
Same-business-day delivery can be investigated as a possibility by contacting Staples Customer Service. To ensure all appropriate process checks are completed, we recommend a cut-off time of 11:30 a.m. local time. To account for added transportation costs and courier fees incurred on our end, we do require a separate charge for same-business-day requests.

Our industry-leading network of U.S. stores gives participating Members easy same-day purchasing solutions. Your employees can make in-store purchases and receive your customer pricing for both office supplies and a full range of print and marketing solutions. Or, use our Buy Online, Pick Up in Store option, and your items will be available for pickup in less than one hour.

There are some exceptions to same-day delivery service. The delivery location must be within 50 miles of a Staples fulfillment center. Further, the fulfillment center must have the capacity to handle the request that day. In addition, the following items cannot be delivered same day:
• Furniture
• HAZMAT items (this includes items that contain Lithium batteries)
• Liquid
• Food and beverage items
• Custom items
• Drop ship or special-order items
• Orders containing more than six SKUs

BUY ONLINE, PICK UP IN STORE
Participating Members can purchase a wide variety of items on StaplesAdvantage.com and pick their items up in one hour or less at any of our U.S. retail stores. This allows your users to buy within your established purchasing program, with your contract rules and pricing, for same-day purchases. Users can even filter by Pick Up in Store to make those emergency purchases quicker.

PRINT TO STORE
Participating Members can also use Staples' Print to Store option to print directly from their computer to any Staples retail location for pickup. From black & white or color printing to binding and booklet options, Print to Store offers more than 2,000 finishing configurations for your employees' printing needs. Print to Store bills directly to your Staples account, ensuring compliance and more robust tracking while providing easy, on-the-go printing services for your remote and traveling employees.

Participating Members can upload and reconfigure their documents, save their files for future reordering and proof all orders online before submitting. At any time, they can submit their orders right from their desktop to Staples, with delivery to any Staples retail location.

STAPLES PROMOTIONAL PRODUCTS
Staples Promotional Products has a 500,000 square foot contract decoration and distribution center in Orange City, IA. This facility does embroidery, screen print, laser engraving, digital heat transfer, and more. We have pick-to-voice technology and use a pack-right shipping system to cut boxes to the order size. Our facility is centrally located for distribution throughout the U.S. We also use FedEx as our preferred shipper but can utilize any major carrier service. As of 2019, it's also moved to achieve zero waste to landfill status.

*

Table 12: Pricing Offered

Line
Item The Pricing Offered in this Proposal is: * Comments 63 d. other than what the Proposer typically offers (please describe). Staples supplies a significant number of government
agencies and numerous
GPOs and cooperative
procurement organizations
that range in size, geography,
purchase volume, guarantees,
logistic expenses, incentives,
manufacturer support and
other contractual
terms/requirements.

Additionally, Staples provides
a wide variety of products
and services, including many
that are customized and
therefore, based on
customers' specifications. As
a result, while pricing may
vary, Staples feels that its
proposal provides competitive
pricing and exceptionally
strong value-added attributes.

Table 13: Audit and Administrative Fee

Line
Item Question Response *
64 Specifically describe any self-audit process or program that you plan to employ to verify compliance with your proposed Contract with Sourcewell. This process includes ensuring that Sourcewell Members obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to Sourcewell.

At Staples, we take our national contract obligations seriously.

We have a long history of providing accurate pricing and conducting compliance audits with Sourcewell and its
participating Members. To maintain contract compliance, we continually verify our pricing data and hold ourselves
accountable to the highest internal pricing standards. As such, we have multiple processes in place to ensure pricing
accuracy and consistency. For example, national contract pricing is managed and maintained by a single,
knowledgeable and experienced pricing team. This ensures that all pricing is consistent with the contract terms and requirements. We also review pricing on a regular basis and compare it to the contract pricing requirements. This further guarantees that your participating Members receive pricing that is consistent.

Staples may also work with manufacturers to frequently spot- check and audit pricing and discounts that are applied to customer orders. Additional audits and periodic pricing checks may be conducted randomly throughout the term of the contract to add an extra level of protection and audit control as deemed necessary to maintain our pricing integrity.

*
65 Identify a proposed administrative fee that you will pay to Sourcewell for facilitating, managing, and promoting the Sourcewell Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per-unit fee; it is not a line-item addition to the Member's cost of goods. (See the RFP and template Contract for additional details.)
Unless otherwise mutually agreed to in writing by Sourcewell and Staples, and except as stated below, Staples will pay Sourcewell an administrative fee of one and half percent (1.5%) of the Members' aggregate Net Sales during each
calendar quarter, which have been timely paid, to be paid within forty five (45) days after the end of each calendar quarter.

An exception to the above 1.5% admin fee would be that
Staples will pay Sourcewell one half of one percent (0.5%) administrative fee for participating Members' aggregate Net Sales under the managed print services (“MPS”) program of the Contract and one quarter of one percent (0.25%) on
technology product Net Sales.

Net Sales. Net Sales will be defined as the gross sales price of the applicable products sold pursuant to this
Contract, less shipping costs (including freight charges and insurance), taxes, duties, any rebates actually paid, discounts and allowances actually taken, rejections and returns to the extent credit is given or paid, and also excluding purchases made via staples.com, or any Staples retail channel.

*

Table 14: Catalog Solution Description

Table 14: Indicate below the features and capabilities of your office supplies catalog solution (Yes | No) and provide supplemental descriptions as needed.

Line
Item Feature Yes | No * Description
66 Display item description,
catalog price, contract price,
and photo (if applicable)
Yes
No
StaplesAdvantage.com displays item description, photos and the participating Members' contract pricing. However, the site does not show catalog pricing. All products include images, full description and detailed product specifications, with partial graphic support for wholesaler items on StaplesAdvantage.com.

67 Enhanced catalog content
(stock availability,
ship/delivery date, product
reviews, filters,
comparables, etc.)
Yes
No
Search by keyword or item number for a summary of categories and top-ranking items that match your criteria. Narrow results by category, brand or your recently purchased items. Advanced search with auto-suggest terms to find what you want fast and the ability to add to your cart from search to save time.

68 Order tracking and order
history
Yes
No
Members can view details on all orders placed in the past 90 days, track your orders and view proof of delivery.

69 Customized member portal
or punchout
Yes
No
Members can customize their platform with special instructions and messages to keep users in program compliance.

70 Member preferred products
listing
Yes
No
Depending on the situation, Staples may identify preferred items with a customizable On Contract or Core Item icon that can contain your own message. For example, individual participating Members can opt for it to display (Member) Contract Item instead of On Contract. This message will appear with the icon wherever product information is displayed. Users will see the icon on product pages, shopping lists, shopping carts and order status screens. Members can also click the heart icon on product tiles and pages to easily add items to a shared or personal shopping list that can be made a favorite.

71 Member blocked item
removal
Yes
No
Upon mutual agreement between the participating Member and Staples. 72 Multiple ship-to locations Yes
No
User and Location Management allows Members to easily add new users, supervisors and account administrators and remove or add shipping locations associated with user profiles.

73 Display of eco-label or
green certifications or
attributes
Yes
No
Eco-conscious and recycled items are identified with icons on our search pages and item descriptions, making them easy to find from any search or shopping list.

74 Search by eco-label or
green certifications or
attributes
Yes
No
Eco-conscious and recycled items are identified with icons on our search pages and item descriptions, making them easy to find from any search or shopping list.

75 Tiered approvals Yes
No
Members can establish spending limits and approval routing to track account expenditures by user and department.

76 Help function Yes
No
The StaplesAdvantage.com Help Center enables customers to search help topics, manage their account, track or return orders, view or print their packing slip, get pre- paid address labels to recycle ink and toner and more.

77 Live chat Yes
No
Our e-commerce site offers a proactive chat feature that helps users quickly find the products they need by interacting with a live agent. This feature helps reduce the time spent searching for and comparing products. By providing more product intelligence prior to purchasing, live chat also decreases returns and helps ensure the best product solution is selected for the purchaser.

78 Integration with member
eProcurement/ERP platforms
Yes
No
Staples has experience integrating with over 300 third-party purchasing platforms.

Table 15: Industry Specific Questions

Line
Item Question Response *
79 If you are awarded a contract, provide a
few examples of internal metrics that will
be tracked to measure whether you are
having success with the contract.

Some internal metrics used to measure success with the contract include number of participating Members under the contract, geographic distribution of participating Members, sales and number of orders by participating Member and year over year sales growth. Additionally, success metrics can be mutually established and measured in scheduled business reviews between Staples and Sourcewell.

Having serviced Sourcewell participating Members for many years, we know that we need to continually raise the bar in our national contract performance. As a current Sourcewell awarded supplier, we commit to increasing our overall value with the built- in flexibility to accommodate the evolving needs of your participating Members.

*

DocuSign Envelope ID: 4D82BD89-57E9-4B05-B822-2A0034DCA09F

*
80 If you are a dealer, distributor, or reseller,
describe your capabilities for verification of
product authenticity, quality control, and
documentation of custody in your supply
chain.

Staples is committed to providing high quality products that last, leading to fewer returns, fewer reorders and less frustration for our customers. To uphold this commitment, we capture reporting and regularly audit the quality of the products we source from suppliers, as well as from Staples-exclusive products. Staples' strict product sourcing process assures that products offered are genuine by sourcing products only from OEMs and authorized resellers to mitigate the risk of cloned, fake or counterfeit products that could potentially put Sourcewell Members at risk.

ANNUAL VENDOR REVIEWS
We only source from the most trusted and reputable suppliers in our industry, including leading wholesalers and brands such as 3M, HP, Avery and HON.

We conduct annual vendor contract reviews to measure our suppliers' quality performance. We evaluate the number of returns placed on their products as well as general customer satisfaction survey feedback. At 1.45%, our low product-return rate is a testament to our relentless focus on quality.

PAPER & WOOD-BASED PRODUCT SOURCING POLICY
We also actively work with our key paper suppliers to ensure transparency into their sourcing and production methods with respect to environmental and social responsibility. The majority of our paper suppliers have achieved chain of custody certification with one or more programs, including the Forest Stewardship Council (FSC) and Sustainable Forestry Initiative (SFI). Approximately 90% of the paper products we sell by weight in the U.S. are manufactured and/or distributed by vendors with FSC chain of custody certification, including brands like Domtar, International Paper, Georgia Pacific, Kimberly Clark, 3M, Esselte, Fellowes, Marcal and others.

Our Paper and Wood Based Product Sourcing Policy forms the foundation of our commitment to ensure the paper products we sell are sourced in an environmentally and socially responsible manner. It also defines our expectations for suppliers of paper-based products. The policy focuses on four key areas:
• Protecting forest resources and communities by seeking to source certified products
• Reducing demand for virgin wood fiber
• Sourcing from suppliers committed to environmental excellence • Promoting responsibly sourced paper and wood products to our customers

PROGRAMS & PARTNERSHIPS
We collaborate with a few key non-profits to help us improve paper and wood product sustainability. This includes partnerships with the Rainforest Alliance on the Appalachian Woodlands Alliance and various projects with the Forest Products Working Group (FPWG), an initiative of GreenBlue.

PRODUCT BRANDS EXCLUSIVE TO STAPLES QUALITY ASSURANCE
Product brands exclusive to Staples are subject to a comprehensive Quality Assurance program that includes:
• Product Design – Product brands exclusive to Staples are designed to meet or exceed national brand equivalent specifications.
• Factory Certification – Production facilities in developing countries undergo third- party audits to uphold our standards for social responsibility and to guarantee practices are in place to deliver quality products.
• Rigorous Testing & Inspection – All products are engineer-tested for quality in leading independent labs. Inspectors pull samples from the production line to confirm that products are manufactured to our exact specifications before they ship to our warehouses.
• Continuous Monitoring – Throughout a product's lifecycle, inspectors pull samples for follow-up lab testing to certify that the product still meets our specifications.

MONITORING PRODUCT QUALITY
On the rare occasion that a product fails to meet a Member's satisfaction, we offer fast and easy resolution methods:
• Purchasers can return any item using our no-hassle online returns process or by contacting Customer Service.
• We arrange driver pickup for all product returns at no cost to participating Members.

We thoroughly analyze damaged or defective items and ensure our manufacturers address the underlying quality issue. Your Staples Account Manager will share corrective actions and report on progress during regular business reviews.

*
81 Describe your ability to address member PRODUCT CERTIFICATIONS & ECO-LABELING concerns related to packaging, including Within our core product assortment, we have identified thousands of items that meet product markings, safety, warnings, waste third-party standards and certifications. This is a significant subset of our total reduction, packaging toxicity, recycling assortment of nearly 15,000 products with environmental features, which includes and/or re-use, etc. products with recycled content or other design features like solar powered, rechargeable and refillable. The certifications and standards we track include:
• AP certified non-toxic
• Bluesign certified clothing product
• BPI compostable
• Cradle to Cradle certified
• EcoLogo certified
• ENERGY STAR qualified
• EPA Comprehensive Procurement Guidelines
• EPA Design for the Environment (DfE) for Pesticides registered • EPA Safer Choice registered
• EPA WaterSense certified
• EPEAT qualified
• EWG verified
• Fair Trade certified
• Food Alliance certified
• Forest Stewardship Council (FSC) certified
• GREENGUARD certified
• Green Seal certified
• Indoor Advantage certified
• Level certified
• Made by a Certified B Corporation
• Made Safe certified
• PMA non-toxic
• Rainforest Alliance certified
• Roundtable on Sustainable Palm Oil (RSPO) certified
• Sustainable Forestry Initiative (SFI) certified
• USDA Certified Biobased Product
• USDA Organic
We are continually improving our ability to capture and track products with environmental certifications in our systems, as well as increase the number of products that meet credible third-party environmental certifications.

PACKAGING OPTIMIZATION
To help reduce waste at Members' facilities, Staples has engineered our order fulfillment process to minimize packaging and shipping materials on supply deliveries.

Simultaneously, we ensure that all deliveries are properly protected in order to arrive to you intact.
• SmartSize™ – Staples has rolled out award-winning technology to the majority of our U.S. distribution centers that tailors box sizes to the exact size of the order, reducing use of corrugate and air pillows. To further reduce the environmental impact of our delivery process, we use boxes made from 35% to 100% recycled material.

This approach to packaging results in an annual carbon footprint reduction of more than 30,200 tons, equivalent to 120,000 trees.
• Box Logic – Our warehouse management system uses a series of algorithms that automatically choose the smallest delivery box from eight standard sizes, based on the combined dimensions of items in the order, reducing packaging waste. • Wholesaler Initiatives – As part of our fulfillment process, Staples utilizes three national wholesalers to support our product requirements. We work diligently with these suppliers to confirm they are reducing shipping materials for our customers.

The products shipped by our wholesalers undergo similar sizing analysis by their computer systems.

Reducing packaging waste is important to our commitment to help the environment. In addition to the internal initiatives above, we're actively working with customers to minimize packaging waste by reducing the frequency of small orders through order consolidation. These initiatives have reduced packaging and shipping materials by up to 20% for some customers.

PACKAGE PROTECTION
Staples has invested in air pillow dunnage technology to safeguard the product we ship. These air pillows:
• Are designed to provide maximum protection with a minimum use of material, reducing the amount of packaging required
• Can be re-used
• Can be deflated prior to disposal, reducing original volume by over 90% • Can be recycled when given to your delivery driver or sent back when making a return
• May be returned for recycling to local Sealed Air sites by calling the Sealed Air phone number on the cushion or may be recycled commercially as #4 plastic • Provide high BTU energy contents in municipal incineration

82 Describe your capabilities related to
member need for collection and recycling
of toner and ink cartridges, batteries,
packaging, etc.

Staples offers our customers a wide range of convenient no- and low-fee recycling services. Check out Staples Recycling Services or speak with your Account Manager for more details on our programs.
• Ink & Toner Cartridges – Staples provides free delivery driver pick-up and mail- back service. Simply work with your delivery driver to pick a location for regular pick- up or print a mail-back label from StaplesAdvantage.com. • Technology – We offer low cost options for responsible and secure technology recycling including certificate of recycling and optional serial number tracking services.

You can order prepaid recycling kits, boxes and pallets for larger items through StaplesAdvantage.com. Staples' tech recycling partner ERI Direct is e-Stewards and R2 certified at all locations for responsible e-waste management practices. • Furniture – Talk to your Account Manager for details on recycling, decommissioning and donating office furniture. Staples customers can trade in their old outdated cubicle systems and furniture to Davies for a credit towards Grade A like-new remanufactured furniture by Davies from leading brands like Knoll, Steelcase, Haworth and more. Alternatively, Staples can direct customers to other furniture donation and recycling options like IRN.
• Lamps, Ballasts & Batteries – We offer mail-back recycling services on StaplesAdvantage.com. Simply order the right-size container, fill it with your goods and put it in the mail. Pricing is inclusive of packaging, shipping and recycling. • Other Hard-to-Recycle Items – Divert hard-to-recycle waste from landfills with Staples' Zero Waste Boxes. Simply fill, close and ship. StaplesAdvantage.com box prices include all shipping and recycling fees. Use our Zero Waste Boxes to recycle coffee pods, breakroom waste, binders, safety supplies, writing instruments and more.

83 Describe your capabilities or limitations
related to ordering and/or deliveries
(minimum order requirements, order
consolidation, expedited shipping/delivery,
etc.)
According to industry research, employees making purchases outside a procurement program can increase operating costs by anywhere from 25% to 45%. Reducing maverick spend can dramatically impact the effectiveness of your procurement program. Staples uses multiple strategies to keep program compliance high and costs low.

MINIMUM ORDER SIZE
Unless otherwise mutually agreed to by Staples and a Sourcewell participating Member, Sourcewell and its Members shall have a minimum order size of $35.00 per order.

ORDER CONSOLIDATION: REDUCING SMALL, INEFFICIENT ORDERS Industry statistics show the average cost for processing a single order transaction can be as high as hundreds of dollars depending on the organization and payment processing systems. Placing small, frequent orders incurs these costs with each order, which can be significantly reduced by order consolidation. We'll educate your end users to adopt more efficient behaviors, such as:
• Ordering bi-weekly or monthly, instead of weekly or daily • Coordinating ordering with other departments
• Determining frequently ordered items and ordering enough for a week • Anticipating projects that may require more supplies than usual and consolidating these supplies within regularly scheduled orders
Benefits of order consolidation include:
• Reduced order processing costs
• Fewer deliveries and invoices to process
• Less packaging, label and invoicing paper waste
• CO2 savings from fewer truck deliveries

INCREASING MEMBERS' ONLINE ORDERS
The most efficient way for end users to order from Staples is through our e- commerce site or their e-procurement system. An order placed by phone costs Members significantly more than an order placed electronically. We'll educate participating Member's end users on online order placement.

Benefits include:
• Reduced order processing costs
• Faster and easier ordering
• Fewer ordering mistakes - fewer product returns
• Real-time tracking of product delivery status
Staples can communicate ordering best practices to their end users during the implementation process and on a continuous basis through client-approved customized flyers, newsletters and emails.

ONLINE COMPLIANCE CONTROLS
StaplesAdvantage.com also drives program compliance with features like:
• The ability to customize their home page with messaging to communicate key program rules (such as minimum order requirements) and guide purchasers to preferred-item shopping lists
• Shared or personal shopping lists populated with commonly ordered or preferred core items
• Optional spending and approval controls that eliminate inefficient and costly small orders

RETAIL PURCHASING PROGRAM & IN-STORE PURCHASING
Today, customers can use the Buy Online, Pick Up in Store option and Print-to-Store to get what they need, when they need it for same day purchases. Or, they can take advantage of our Retail Purchasing Program, which ensures customers can shop in stores to receive their custom pricing or in-store sale price, whichever is lowest at the time of purchase, in any Staples store throughout the U.S.

*

Exceptions to Terms, Conditions, or Specifications Form

Only those Proposer Exceptions to Terms, Conditions or Specifications that have been accepted by Sourcewell have been incorporated into the contract text.

Documents

Ensure your submission document(s) conforms to the following:

1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.

2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.

3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.

4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan."

Financial Strength and Stability - Attachment 1 - Staples Bank and Trade References.pdf - Thursday January 23, 2020 12:11:28 Marketing Plan/Samples - Attachment 4 - Sourcewell Marketing Plan.pdf - Thursday January 23, 2020 12:11:38 WMBE/MBE/SBE or Related Certificates (optional)
Warranty Information (optional)
Pricing - Staples Pricing Exhibits 1-5.zip - Thursday January 23, 2020 13:16:09 Additional Document - Staples Additional Attachments.zip - Thursday January 23, 2020 13:16:19

Proposers Assurance of Comp

PROPOSER ASSURANCE OF COMPLIANCE

PROPOSER'S AFFIDAVIT

The undersigned, authorized representative of the entity submitting the foregoing proposal (the “Proposer”), swears that the following statements are true to the best of his or her knowledge.

1. The Proposer is submitting its proposal under its true and correct name, the Proposer has been properly originated and legally exists in good standing in its state of residence, the Proposer possesses, or will possess before delivering any products and related services, all applicable licenses necessary for such delivery to Sourcewell member agencies. The undersigned affirms that he or she is authorized to act on behalf of, and to legally bind the Proposer to the terms in this Contract.

2. The Proposer, or any person representing the Proposer, has not directly or indirectly entered into any agreement or arrangement with any other vendor or supplier, any official or employee of Sourcewell, or any person, firm, or corporation under contract with Sourcewell, in an effort to influence the pricing, terms, or conditions relating to this RFP in any way that adversely affects the free and open competition for a Contract award under this RFP.

3. The contents of the Proposer's proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or agent of the Proposer and will not be communicated to any such persons prior to the official opening of the proposals.

4. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request, and other documents in this solicitation and affirms that any and all exceptions have been noted and included with the Proposer's Proposal.

5. The Proposer will, if awarded a Contract, provide to Sourcewell Members the /products and services in accordance with the terms, conditions, and scope of this RFP, with the Proposer-offered specifications, and with the other documents in this solicitation.

6. The Proposer agrees to deliver products and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first-quality products and related services to Sourcewell Members under an awarded Contract.

7. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.

8. The Proposer understands that Sourcewell will reject RFP proposals that are marked “confidential” (or “nonpublic,” etc.), either substantially or in their entirety. Under Minnesota Statute §13.591, Subd. 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals generally become public data. Minnesota Statute §13.37 permits only certain narrowly defined data to be considered a “trade secret,” and thus nonpublic data under Minnesota's Data Practices Act.

The Proposer understands that it is the Proposer's duty to protect information that it considers nonpublic, and it agrees to defend and indemnify Sourcewell for reasonable measures that Sourcewell takes to uphold such a data designation.

By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Joanne Harris, Chief Commercial Officer - Staples, Staples Contract & Commercial LLC

The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid.

Yes No

AMENDMENT #1
TO
CONTRACT #012320-SCC

THIS AMENDMENT is by and between Sourcewell and Staples Contract & Commercial LLC (Vendor).

Vendor was awarded a Sourcewell Contract for Janitorial Supplies and Equipment with Related Services effective August 1, 2020, through November 16, 2024, relating to the provision of services by Vendor and to Sourcewell and its Members (Original Agreement).

The parties agree that certain terms within the Original Agreement will be updated and amended and only to the extent as hereunder provided.

IN CONSIDERATION OF the mutual covenants and agreements described in this Amendment, the parties agree as follows:

1. This Amendment is effective February 1, 2021, and upon the date of the last signature below.

2. Section 4: PRODUCT AND PRICING CHANGE REQUESTS – Paragraph 5 is amended as follows:

The prices for Premium Products, except Janitorial Premium Products, may be updated once quarterly: August - October, November -January, February - April, May-July of each year during the term that this Contract. These Premium Products are defined as toner, ink, IT hardware, copy paper, and furniture that Participating Entities purchase from Staples. The prices for Janitorial Premium Products may be updated upon 30 days’ prior written notification. Manufacturer’s documentation will be provided when available. Janitorial Premium Products are defined as janitorial paper, towel, tissue, paper-related items, petroleum-, resin-, and steel-based products, custom products, and seasonal products that Participating Entities purchase from Staples.

rized Signature

Except as amended by this Amendment, the Original Agreement remains in full force and effect.

Sourcewell Staples Contract & Commercial LLC

By: By:

Authorized Signature Autho

Jeremy Schwartz Joanne Harris
Name – Printed Name – Printed

Title: Director of Operations & Procurement/CPO Title: Chief Commercial Officer

12/23/2020 | 1:43 PM CST
Date:
12/23/2020 | 11:24 AM CST
Date:

Sourcewell–APPROVED:

By:

Authorized Signature

Chad Coauette
Name – Printed

Title: Executive Director/CEO
Date: 12/23/2020 | 2:27 PM CST

EXHIBIT “C”
CONTRACTOR’S PROPOSAL

Attached Behind This Page

38077.00180\34047676.2 C2

WELCOME TO STAPLES.

Want to know anything and everything about Staples on the Sourcewell contract? This is the place!
This program is offered through our business-to-business ordering system.

SEE THE SITE (HTTP://WWW.STAPLESADVANTAGE.COM)

MAKING PROCUREMENT A LITTLE EASIER.

As a result of national competitive solicitations, Sourcewell awarded Staples national cooperative contracts for office and school supplies #012320-SCC, furniture solutions, contract #121919-SCC and facilities solutions, contract #101320-SCC.

The benefits of your program include:

One source provider - so you can get absolutely everything you want, including expert help when you need it

Easy online ordering - a customized site just for you, with special pricing on the products used most by your organization

Fast and FREE shipping on supplies - next-business-day in most of the country Learn more about the contract details at Sourcewell.

A PROGRAM THAT SUPPORTS ALL AREAS OF WORKLIFE.

PRIMARY OFFICE SUPPLIES CONTRACT (HTTPS://WWW.SOURCEWELL-MN.GOV/COOPERATIVE- PURCHASING/012320-SCC)

Keeping it Clean
We partner with
facilities managers to
help them better
maintain their
workplace with the right
products, services and
expertise. Staples also
offers first aid and
safety supplies.

Ready to Ship
From the mailroom to
the warehouse, every
shipment is important.

Our experts will also
help your shipping
managers stock the
right supplies and
customize warehousing
solutions.

TAKE FULL ADVANTAGE OF YOUR PROGRAM.

Contract #012320-
SCC
Office Supply Catalog
Solutions
Effective
August 1, 2020
(matures on
4/6/2024)
Contract #121919-SCC
Furniture and Related Supplies
and Accessories
Effective April 10, 2020
4-Year Contract with one
year optional extension
Unparalleled selection of office
and classroom furniture solutions
from the nation's premier
Contract #101320-SCC
Janitorial Supplies and
Related Custodial Products
Effective February 1,
2021 - November 16,
2024
4-Year Contract plus 1
optional year extension
Customer Service
We're ready to assist you.

Call, email, or Live Chat.
1-877-826-7755
Monday - Friday 8 am to 8 pm ET
[email protected]
(mailto:[email protected])

Download Site User Guide
(https://go.staples.com/rs/896-JNU-

4-year contract
with 1 option
year extension

All the selection,
service and savings
you need plus other
products including
Janitorial Products
and Equipment,
Breakroom/Cafeteria,
Technology
Peripherals and
Hardware, Custom
Print, Promotional
Products,
Transactional
Furniture, Managed
Print Services, and
more
manufacturers with local planning
and design experts and project
management
Custom choices for your
facility, including access to
industry-leading
manufacturers, product
experts, training tools and a
full assortment of products
907/images/StaplesAdvantage.com_user
guide.pdf)

READY TO GET STARTED?
Email Sharon Burgess, Strategic Accounts Director, Local Government, at [email protected] (mailto:

[email protected]) for assistance.

EXHIBIT “D”

INSURANCE REQUIREMENTS

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

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

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

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

Commercial General Liability (CGL):

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

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

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

Automobile Liability:

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

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

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

Professional Liability (Errors and Omissions):

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

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

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

Workers’ Compensation Insurance:

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

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

Builder’s Risk (Course of Construction):

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

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

Contractor’s or Consultant’s Pollution Legal Liability:

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

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

Cyber Liability Insurance

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

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

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

Surety Bonds:

Contractor shall provide the following Surety Bonds:

Bid Bond
Performance Bond
Payment Bond

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

Other Insurance Provisions:

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

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

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

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

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

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

_X Notice of Cancellation, Suspension or Otherwise Voiding Policies:

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

_X Waiver of Subrogation:

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

Completed Operations

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

THE FOLLOWING PROVISIONS APPLY TO ALL AGREEMENTS

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

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

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

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

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

Acceptability of Insurers:

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

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

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

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

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

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

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

Subcontractors:

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

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

Verification of Coverage:

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

Special Risks or Circumstances

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

Failure to Comply:

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

Applicability of Coverage:

38077.00180\34047676.2 C2

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

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Granting Acceptance of Alviso Adobe House HVAC System, Project No. 5055, Authorizing the City Engineer to File a Notice of Completion, and Authorizing the City Engineer to Issue a Notice of Final Acceptance after the One-Year Warranty (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408- 586-3303)
Category: Consent Calendar-Community Development
Meeting Date: 9/17/2024
Recommendation: Adopt a resolution granting acceptance of Alviso Adobe House HVAC System, Project No. 5055, authorizing the City Engineer to file a Notice of Completion, and authorizing the City Engineer to issue a Notice of Final Acceptance after the one-year warranty.

BACKGROUND:

On March 5, 2024, the City Council awarded a construction contract to A&B Mechanical Inc. for the Alviso Adobe House HVAC System, Project No. 5055 (“Project”) in the amount of $127,900.00. The Project is included in the adopted 2025-2029 Capital Improvement Program (CIP), and provides for the installation of a new HVAC system to control the temperature of the facility during public tours and protect the audio video system from premature failure.

Following the completion of the installation of furnishings, exhibits and visual media at the historic Alviso Adobe house in Fall 2022, the City opened the building for tours to Milpitas residents and visitors. However, the heat generated from the newly installed audio video system and the presence of visitors increased the temperature within the house, creating uncomfortable and potentially unsafe conditions for visitors and volunteers, especially on warm days. Furthermore, the lack of air circulation and high temperatures also posed a risk of equipment failure for the new audio video system. To ensure a safe environment for visitors and extend the service life of the new audio video system, installation of a new HVAC system was recommended.

ANALYSIS:

The Project was successfully completed on-time and within budget. The HVAC system in the building is fully functional, and the building has resumed its touring operation in August. Staff recommends that the City Council adopt a Resolution granting acceptance of the Project and authorizing the City Engineer to file a Notice of Completion in accordance with the provisions of Section 9204 of the Civil Code. Staff also recommends the City Council authorize the City Engineer to issue a notice of final acceptance after the one-year warranty period without further City Council action, provided that all warranty work is completed to the satisfaction of the City Engineer.

POLICY ALTERNATIVE(S):

Alternative: Do not adopt Resolution and deny Project acceptance deny filling a notice of completion and not begin the one-year warranty.

Pros: None.

Cons: A denial would result in the City being unable to commence the one-year warranty and release any funds remaining back into the Project budget.

Reason for Not Recommending: Denial would result in the City being unable to close out the Project and release any funds remaining back into the Project budget.

FISCAL IMPACT:

No additional funding is requested for the project as the project is now complete. The Public Works Department will be responsible for ongoing maintenance and operations of the improvements. Any required additional funding for ongoing maintenance will be requested through future budget appropriations as the Council adopts the annual operating budget for the Department.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

Council determined the installation of a new HVAC system in the Alviso Adobe building consists of minor alterations to an existing public facility that involve no expansions of the existing use per California Code Regulation, Title 14 section 15301. Based on staff’s findings, this project is categorically exempt (Class 1 – Existing Facilities) from the requirement of CEQA.

RECOMMENDATION:

Adopt a Resolution granting acceptance of the Alviso Adobe House HVAC System, Project No. 5055 authorizing the City Engineer to file a Notice of Completion and authorizing the City Engineer to issue a Notice of Final Acceptance after the one-year warranty.

ATTACHMENT(S):

Resolution

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS GRANTING ACCEPTANCE OF ALVISO ADOBE HOUSE HVAC SYSTEM, PROJECT NO. 5055 WHEREAS, the City of Milpitas has heretofore entered into a contract with A&B Mechanical Inc., for Alviso Adobe House HVAC System, Project No. 5055, in the amount of $127,900 (Project), and the City Engineer of the City of Milpitas has recommended acceptance of said improvement as completed in accordance with plans, specifications and approved change orders and correction lists, and in accordance with the final inspection of said City Engineer.

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 of Milpitas does hereby accept said improvement as completed on this 17 th day of September, 2024, and does hereby authorize and direct the City Engineer of the City of Milpitas to file a Notice of Completion in accordance with the provisions of Section 9204 of the Civil Code of the State of California, and does hereby authorize and direct the City Engineer to file a Certificate of Completion in accordance with the provisions of Section 4005 of the Government Code of the State of California, if said work was by day’s labor or force account.

3. The City Council authorizes the City Engineer to issue the Notice of Final Acceptance after the one-year warranty period without further City Council action, provided all required warranty repairs are completed to the satisfaction of the City Engineer; and nothing herein contained shall in any way be deemed to be a waiver, release or relinquishment by City of any obligations imposed upon the contractor or its surety, or sureties, by law or by the above-referenced improvement contract, save and except those obligations specifically mentioned herein.

PASSED AND ADOPTED this _________ day of ________, 2024 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

2 Resolution No. ____
Recording Requested by and
When Recorded Mail to:

City of Milpitas
455 East Calaveras Boulevard
Milpitas, CA 95035
Attention: City Clerk
Record without fee under
Section 6103 - Government Code
State of California

CITY OF MILPITAS

NOTICE OF COMPLETION
(Civil Code Section 9204)
NOTICE IS HEREBY GIVEN:

1. On or about March 5, 2024, the City Council of the City of Milpitas, a municipal corporation of the State of California, whose address is City Hall, 455 East Calaveras Boulevard, Milpitas, California, 95035 (as owner) entered into a contract for work of: Alviso Adobe House HVAC System, Project No. 5055.

2. A description of the site of which the City is owner for said work of improvement is: 2087 Alviso Adobe Court in the City of Milpitas, Santa Clara County, California, more particularly described on the plans.

3. The name and address of the direct contractor is: A&B Mechanical Inc., 2252 Railroad Ave, Livermore, CA 94550.

4. A general statement of the kind of work done or materials furnished to the City is as follows: The Project provides for installation of new HVAC system and corresponding improvements.

5. Said work of improvement was accepted by the Milpitas City Council as complete on September 17 th, 2024. ************************************************************************************* I, the undersigned, declare that I am the City Engineer of the City of Milpitas and am authorized to execute the foregoing Notice of Completion and this Verification thereof. I have read the foregoing Notice of Completion.

I declare under penalty of perjury that the foregoing Notice of Completion is true and correct. Executed on ________, 2024 at Milpitas, California.
__________________________________
Michael Silveira, P.E., City Engineer
City of Milpitas
_____________________________________________________________________________________ NOTE: RECORD WITHIN 15 DAYS OF ACCEPTANCE WITH COUNTY RECORDER OF SANTA

CLARA COUNTY

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Receive an Update on the Security Improvements at the McCarthy Ranch Sewer Lift Station (Main Lift) and Determine that the Condition Continues to Constitute an Emergency (Staff Contact: Christian Di Renzo, Public Works Director, 408- 586-2602)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 9/17/2024
Recommendation: (1) Receive an update on the security improvements at the McCarthy Ranch Sewer Lift Station; and (2) Determine by a four-fifths vote that the condition continues to constitute an emergency.

BACKGROUND:

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

Consistent with applicable State law and Council Resolution, on July 30, 2024, the Public Works Director declared an emergency and authorized the City to contract with Trofholz Technologies and Diamond Fencing to implement various security and access control improvements to the McCarthy Ranch Sewer Lift Station (Main Lift). Further, within the required timeframe the Public Works Director informed the City Council via Information Memorandum on July 31, 2024, regarding the emergency authorization, the reasons for the authorization, and the cost for repair in a not to exceed amount of $700,000.

PROJECT/STATUS UPDATE:

Agreements with both Trofholz Technologies and Diamond Fencing have been finalized.

Trofholz Technologies, Inc. will install security cameras, card readers, and motion sensors at the Main Lift facility. Equipment and materials have been ordered and are expected to arrive by the end of September.

Diamond Fence Co., Inc. will demolish and properly dispose of the existing fence, and install approximately 1,760 linear feet of new, code-compliant fencing using ClearVU reinforced panels topped with ribbon wire, integrated into the current gate structure. Materials have been ordered and are anticipated for arrival in 10-12 weeks, with the project completion anticipated for late November.

FISCAL IMPACT:

Funding for these repairs is available in the City’s Capital Improvement Program (CIP) budget. CIP Project 6124 – Sewer Pump Station Rehabilitation Project will fund the installation of security cameras, card readers, and motion sensors. The funding source of this CIP project is Sewer Infrastructure Fund. The available balance as of 9/10/2024 is $709,287. CIP 6130 – Main Lift Odor Emission Control Project will fund the removal and replacement of the perimeter fencing. The funding source of this CIP Project are Sewer Infrastructure Fund, and Sewer Treatment Fund. The available balance as of 9/10/2024 is $596,812.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

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

RECOMMENDATION:

1. Receive an update on the security improvements at the McCarthy Ranch Sewer Lift Station.

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

ATTACHMENT(S):

None.

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Conduct a Public Hearing and Approve the Draft FY 2023-2024 Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER) (Staff Contact: Robert Musallam, Housing Official, 408-586-3275)
Category: Public Hearings-Community Development
Meeting Date: 9/17/2024
Recommendation: (1) Conduct a public hearing; (2) Approve the draft FY 2023-2024 Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER); and (3) Authorize the City Manager, or designee, to make any necessary changes and submit the approved draft FY 2023-2024 CAPER to the U.S.

Department of Housing and Urban Development (HUD) to comply with CDBG requirements.

BACKGROUND:

The U.S. Department of Housing and Urban Development (HUD) requires Community Development Block Grant (CDBG) recipients to submit two annual reports: the Annual Action Plan (AAP) which looks at the upcoming fiscal year (FY) and the Consolidated Annual Performance and Evaluation Report (CAPER) which reports on the previous fiscal year. This report is about the FY 2023-2024 CAPER which is due to HUD in September 2024. It details the City’s activities, accomplishments, expenditures, and outcomes for the past year relative to the targets in the FY 2023-2024 AAP. Additionally, the CAPER highlights the progress towards the priority needs and goals identified in the 2022-2025 Consolidated Plan.

ANALYSIS:

In FY 2023-2024, CDBG allocations encompassed the City’s original formula allocation of $647,982 and the prior year’s committed funds of $150,000. The City allocated $797,982 to eighteen organizations for nineteen activities.

The CAPER identifies some of the major accomplishments in 2023-2024:
•Catholic Charities’ Long-Term Care Ombudsman Program advocated for the rights of seniors and disabled residents in long-term care facilities, and made unduplicated visits to 14 Milpitas residents in long-term care.
•Child Advocates of Silicon Valley is the only agency in the County of Santa Clara (County) that provides court-appointed volunteers (CASA) to each foster child. Child Advocates of Silicon Valley served and connected three Milpitas foster youth and children to CASA. •FORWARD successfully administered the Milpitas Microenterprise Grant Program. A total of twenty-five $2,000 grants were distributed to income-eligible Milpitas microenterprises. •India Community Center provided well-being activity services to one hundred Milpitas seniors at the center.
•LifeMoves is in progress on its capital project to rehabilitate the women’s restroom at the Julian Street Inn. A total of twenty-four Milpitas residents were assisted by LifeMoves. •LifeMoves completed its capital project to rehabilitate the men’s restroom at the Julian Street Inn. A total of twenty-nine Milpitas residents were assisted by LifeMoves. •Lighthouse of Hope Counseling Center provides counseling, psychological support, and education to the Milpitas community. Lighthouse of Hope served five Milpitas residents. •Next Door Solutions to Domestic Violence provided fifty-one Milpitas residents with supportive

services and emergency shelter for victims of domestic violence. •Project Sentinel managed ten fair housing cases for Milpitas residents. •Pragnya supported 160 Milpitas children, youth, and adults from the Special Needs community by creating social-emotional connections and preventing further isolation by hosting various activities and programs.
•Rebuilding Together Silicon Valley preserves affordable housing by providing safety, energy efficiency, accessibility repairs, and improvements to qualified low-income homeowners. Rebuilding Together made housing repairs for seventeen Milpitas households. •Senior Adults Legal Assistance provided free legal services to forty-five qualified Milpitas seniors. •Silicon Valley Independent Living Center provided housing services to forty-six Milpitas residents with disabilities.
•Terrace Gardens – Roof Repairs for 20% "Community Building," and 100% "G" buildings were completed. A total of 148 senior affordable units in Milpitas benefited. •Terrace Gardens – Wood Trellis met its goal of rehabilitating the wood trellis. A total of 148 senior affordable units in Milpitas benefited.
•The Health Trust Meals on Wheels Program served eight Milpitas seniors with a total of 1,443 meals. •YWCA Silicon Valley provided thirty-two Milpitas residents with supportive services and emergency shelter for victims of domestic violence.

A total of 865 Milpitas residents benefited from the CDBG program in FY 2023-2024.

The majority of subrecipients met or exceeded its goals in FY 2023-2024. The recipients that fell short of meeting their goals described challenges such as (1) The method of outreach did not attract clients as expected, including challenges due to language and cultural barriers,(2) Goals for reaching Milpitas residents were set too high,(3) Difficulty in recruiting qualified personnel, and (4) Psychological readiness, and socioeconomic factors That being said, subrecipients are working on ways to reach members of the Milpitas community and have expressed commitment to continue providing services to Milpitas residents in the future.

The City is grateful for its partnerships with the subrecipients. The subrecipients demonstrated great commitment to providing exceptional services to Milpitas residents. It is through the partnerships with our subrecipients that the City continues to provide support, care, and essential services to our most vulnerable Milpitas residents.

POLICY ALTERNATIVE(S):

Not applicable.

FISCAL IMPACT:

There is no fiscal impact on the City budget.

California Environmental Quality Act (CEQA):

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

RECOMMENDATION:

1. Open the public hearing, hear testimony, then move to close the public hearing;

2. Approve the draft FY 2023-2024 Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER); and

3. Authorize the City Manager, or designee, to make any necessary changes and submit the approved draft FY 2023-2024 CAPER to the U.S. Department of Housing and Urban Development (HUD) to comply with CDBG requirements.

Attachment(s):

Draft FY 2023-2024 CAPER

CITY OF MILPITAS

DRAFT CONSOLIDATED ANNUAL

PERFORMANCE AND EVALUATION

REPORT (CAPER)
2023-2024

CAPER 1
OMB Control No: 2506-0117 (exp. 09/30/2021)

City of Milpitas
Consolidated Annual Performance and Evaluation Report (CAPER) FY 2023-2024

TABLE OF CONTENTS

CR-05 - Goals and Outcomes ....................................................................................................... 2 CR-10 - Racial and Ethnic composition of families assisted ........................................................ 9 CR-15 - Resources and Investments 91.520(a) ......................................................................... 10 CR-20 - Affordable Housing 91.520(b) ...................................................................................... 13 CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) .................. 15 CR-30 - Public Housing 91.220(h); 91.320(j) ............................................................................. 19 CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) ...................................................................... 20 CR-40 - Monitoring 91.220 and 91.230 ..................................................................................... 23 CR-45 - CDBG 91.520(c) ............................................................................................................. 25

CAPER 2
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan.

91.520(a)

This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.

Below is a description of the progress the City of Milpitas has made in achieving the goals outlined in the Fiscal Year 2023-2024 Annual Action Plan. The City achieved many of its annual goals in second of the three-year Consolidated Plan (2022-2025). The following goals are the basis for the activities approved and funded in the Fiscal Year 2023-2024 Annual Action Plan:

• Maintain and Preserve Existing Housing
• New Affordable Housing
• Affordable Housing Rental Rehabilitation
• Community Funding/Public Services
• Public services for low- and moderate-income residents at risk of eviction • Fair Housing
• Public Services for Children and Youth
• Public Services for Seniors
• Public services for Domestic Violence Support
• Public Improvements including accessibility and improving public facilities • Assist Microenterprises and Small Businesses
• Explore the use of HUD Section 108 Loan Guarantee Program

Below highlight the funded organizations' accomplishments:
• Catholic Charites’ Long Term Care Ombudsman Program advocates for the rights of seniors and disabled residents in long-term care facilities and made unduplicated visits to 14 Milpitas residents in long-term care.
• Child Advocates of Silicon Valley is the only agency in the County that provides court- appointed volunteers (CASA) to each foster child. Child Advocates of Silicon Valley served and connected 3 Milpitas foster youth and children to CASAs. • FORWARD successfully administered the Milpitas Microenterprise Grant Program. A total of 25 grants ($2K each) were distributed to income-eligible Milpitas microenterprises.
• India Community Center provided well-being activity services to 100 seniors at the center.
• LifeMoves is working on its capital project to rehabilitate the women’s restroom at the Julian Street Inn. A total of 24 Milpitas residents were assisted by LifeMoves. • LifeMoves completed its capital project to rehabilitate the men’s restroom at the Julian Street Inn. A total of 29 Milpitas residents were assisted by LifeMoves. • Lighthouse of Hope Counseling Center provides counseling, psychological support, and

CAPER 3
OMB Control No: 2506-0117 (exp. 09/30/2021)
education to the Milpitas community. Lighthouse of Hope served 5 Milpitas residents. • Next Door Solutions to Domestic Violence provided 51 residents with supportive services and emergency shelter for victims of domestic violence. • Project Sentinel handled 10 fair housing cases.
• Pragnya supported 160 children, youth, and adults from the special needs community by creating social-emotional connections and preventing further isolation by hosting various activities and programs.
• Rebuilding Together Silicon Valley preserves affordable housing by providing safety, energy efficiency, accessibility repairs, and improvements to qualified low-income homeowners. Rebuilding Together made housing repairs for 17 Milpitas households. • Senior Adults Legal Assistance provided free legal services to 45 Milpitas seniors. • Silicon Valley Independent Living Center provided housing services for persons with disabilities to 46 individuals.
• Terrace Gardens- Roof Repair for 20% "Community Building," and 100% "G" buildings was completed. A total of 148 senior affordable units benefitted. • Terrace Gardens- Wood Trellis met its goal of rehabilitating the wood trellis. A total of 148 senior affordable units benefitted.
• The Health Trust’s Meals on Wheels Program served 8 unduplicated seniors with a total of 1,443 meals.
• YWCA Silicon Valley provided supportive services and emergency shelter to 32 victims of domestic violence.

CAPER 4
OMB Control No: 2506-0117 (exp. 09/30/2021)
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g)

CAPER 5
OMB Control No: 2506-0117 (exp. 09/30/2021)
Goal Category Source /
Amount Indicator Unit of
Measure
Expected
– Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
Maintain and
Preserve Existing
Housing
Affordable
Housing
Non-Homeless
Special Needs
$1,294,882.86
Homeowner
Housing
Rehabilitated
Household
housing unit 150 44 29% 12 17 141.67%
New Affordable
Housing
Affordable
Housing $50,000 Rental units
constructed
Units
Constructed 50 n/a n/a n/a n/a n/a
Affordable
Housing Rental
Rehabilitation
Non-housing
community
development
$100,000 Rental units
rehabilitated
Units
rehabilitated 148 444 300% 148 296 200%
Community
Funding/Public
Services
Homeless
Non-Homeless
Special Needs
$150,000
Number of
persons
assisted
Persons
assisted 500 385 77% 139 211 151.80%
Public services for
low- and
moderate-income
residents at risk of
eviction
Non-homeless
special needs
Homeless
$50,000 Homelessness
Prevention
Persons
assisted n/a 20 n/a n/a n/a n/a
Fair Housing
Affordable
Housing
Non-homeless
special needs
$150,000
Number of
persons
assisted
Persons
assisted 60 37 62% 20 10 50%
Public Services for
Children and
Youth
Non-homeless
special needs
Non-housing
community
development
$45,000
Number of
persons
assisted
Persons
assisted 50 12 24% 4 3 75%

CAPER 6
OMB Control No: 2506-0117 (exp. 09/30/2021)
Table 1 - Accomplishments – Program Year & Strategic Plan to Date

Public Services for
Seniors
Non-homeless
special needs
Non-housing
community
development
$210,000
Number of
persons
assisted
Persons
assisted 1250 720 58% 126 167 132.54%
Public services for
Domestic Violence
Support
Non-homeless
special needs $75,000
Number of
persons
assisted
Persons
assisted 80 161 201% 80 83 103.75%
Public
Improvements
including
accessibility and
improving public
facilities
Non-housing
community
development
$450,000
Number of
persons
assisted with
improved
access to a
facility or
infrastructure
benefit
Persons
assisted 1000 53 5% 200 53 27%
Assist
Microenterprises
and Small
Businesses
Non-housing
community
development
$50,000 Businesses
assisted
New
Businesses
assisted
50 25 50% 25 25 100%
Explore the use of
HUD Section 108
Loan Guarantee
Program
Affordable
Housing
Homeless
Non-housing
community
development
n/a n/a n/a n/a n/a n/a n/a n/a n/a

CAPER 7
OMB Control No: 2506-0117 (exp. 09/30/2021)
Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.

This Consolidated Annual Performance Evaluation Report (CAPER) corresponds with the second Annual Action Plan year covered by the City’s 2022-2025 Consolidated Plan which was adopted by Milpitas City Council on June 14, 2022.

The CAPER provides a snapshot of how the City will utilize its CDBG allocation to meet the needs of the City’s low- and moderate-income individuals and the most vulnerable populations.

The following priorities were considered to meet the housing and community development needs in Milpitas:

• Maintain and Preserve Existing Housing
• New Affordable Housing
• Affordable Housing Rental Rehabilitation
• Community Funding/Public Services
• Public services for low- and moderate-income residents at risk of eviction • Fair Housing
• Public Services for Children and Youth
• Public Services for Seniors
• Public Services for Domestic Violence support
• Public Improvements including accessibility and improving public facilities • Assist Microenterprises and Small Businesses
• Explore the use of HUD Section 108 Loan Guarantee Program

The City was able to achieve most of its goals outlined in the 2023-2024 Annual Action Plan (AAP) through the CDBG formula funding.

The City allocated a total of $794,982 for Program Year 2023. The breakdown of funding allocation is as follows:

CDBG Formula Funds for Program Year 2023: $647,982
CDBG Prior Year Unused Formula: $150,000

In total, 865 persons were assisted in Program Year 2023. Out of the 865 Milpitas residents served, 167 were seniors, which makes up 19% of the population served; 211 were low-and- moderate income community members, which makes up 24% of the population served; and 83 were survivors of domestic violence, which makes up 10% of the population served.

A top priority for the City is to Maintain and Preserve Existing Housing. Through our partnership with Rebuilding Together Silicon Valley, a total of 17 homeowners received assistance with emergency home repairs and safety modifications.

CAPER 8
OMB Control No: 2506-0117 (exp. 09/30/2021)
A high emphasis on providing public services for the Milpitas senior population resonates City- Wide. Four public service allocations totaling $37,000 were approved benefiting seniors who are aging in place with long-term care, hot meals, well-being activities, and legal assistance.

Additionally, Terrace Gardens, a 100% affordable senior housing development was allocated $131,188.30 in CDBG funding for necessary capital improvements to the property, primarily the rehabilitation of the community wood trellis and roof repair.

The City allocated $23,127.30 for public service activities to benefit victims of domestic violence, $11,000 in public services for children and youth, and $59,104 to Project Sentinel to provide Fair Housing counseling to at-risk tenants in Milpitas.

One of the many hardships small business owners in Milpitas faced after the pandemic was keeping their doors open for business. A total of $55,0000 was allocated to reinvigorate the operations of microenterprises in Milpitas. Through our partnership with FORWARD, 25 grants were provided to small businesses that fall within the LMI income limits.

CAPER 9
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).

91.520(a)
CDBG
White 210
Black or African American 38
Asian 421
American Indian or American Native 7
Native Hawaiian or Other Pacific Islander 11
American Indian/Alaskan Native & White 1
Asian & White 0
Black/African American & White 18
A. Indian/Alaskan Native & Black/African A. 40
Other Multi-Racial 119
Total
Hispanic 61
Not Hispanic 804

Table 2 – Table of assistance to racial and ethnic populations by source of funds

Narrative

Table 2 depicts the accurate racial and ethnic categories of individuals served in Program Year 2023 using the CDBG formula funds.

The City’s CDBG program served 865 individuals in Program Year 2023. Of those individuals, approximately 24% were White; 4% were Black or African American; 49% were Asian; 9% were either American Indian/American Native, Native Hawaiian/Pacific Islander, American Indian/ Alaskan Native & White, Asian, and White, Black/African American and White. 14% of individuals reported as “Other Multi-Racial.” Of the 865 individuals served, approximately 7% were Hispanic.

CAPER 10
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG CDBG $797,982.00 $679,152.65

HOME HOME

HOPWA HOPWA

ESG ESG
Other Other
Table 3 - Resources Made Available

Narrative
The attached PR26 Program Year 2023 report shows total expenditures of $679,152.65 in CDBG funds. Funds returned to the line of credit are in the amount of $16,199.55. $16,199.55 was a repayment to activity 565 Filipino American Chamber of Commerce. The line of credit funds will be reallocated in Program Year 2024. The remainder ($4,109.94) is an interest payment that does not belong in the line of credit and needs to be transferred to the U.S. Treasury. HUD’s Fort Worth office will adjust this amount. They will reverse the funds on the grant a remit them to the Treasury.

The attached PR 26 CDBG-CV Financial Summary Report shows total program expenditures of $965,147.00. $15,000.00 was a repayment to activity 545 Filipino American Chamber of Commerce. The remaining amount of CV funds will be reallocated in Program Year 2025.

Identify the geographic distribution and location of investments Target Area Planned Percentage
of Allocation
Actual Percentage of
Allocation
Narrative
Description
City of Milpitas 100% 100%
Table 4 – Identify the geographic distribution and location of investments

Narrative
The City of Milpitas has not established specific geographic target areas. The City attempts to provide resources to serve low- to moderate-income persons, citywide.

CAPER 11
OMB Control No: 2506-0117 (exp. 09/30/2021)
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.

The City anticipates CDBG funds to remain constant at about the $600,000 per year level. In conjunction with this federal program, the City will receive additional funding in the form of program income – payments paid into a revolving loan fund.

In September 2021, the City Council approved the use of $1,100,000 in the American Rescue Plan Act (ARPA) dollars to expand its rent relief program to include mortgage relief for moderate-income residents. Of the $1,100,000 appropriated, $150,000 will be used to partially fund a 3-year limited term Administrative Analyst. The remaining $950,000 will cover the cost of program administration ($85,500). Per City Council's direction, the remaining balance will be distributed with 75% ($648,375) for rent relief and 25% ($216,125) for mortgage relief. On April 16, 2024, Milpitas City Council approved the transfer of all mortgage relief funds to the rent relief program funds as the mortgage relief funds had remain unused. The existing rent relief program has helped over 250 Milpitas households through emergency hardship relief, eviction prevention, domestic violence relocation, child and family homelessness relief, and Section 8 good faith deposits.

Since March 2021, the City of Milpitas has contracted with WeHOPE’s Dignity on Wheels program. Dignity on Wheels provides a mobile trailer with a shower, laundry, restroom, and on- site case management. The case manager helps connect clients to resources and services such as identification document needs and identification renewal support. At each session, WeHOPE provides supplies that include towels, laundry pods, hair and body wash, hygiene kits, and occasional clothing donations. Prior to July 2023, the City allocated $96,552 of non-CDBG funding to WeHOPE's Dignity on Wheels Program which has serviced over 1000 individuals. In June 2023, the City allocated another $150,000, extending the project for three years.

The City of Milpitas has also allocated $200,000 to partner with the organization WeHOPE to provide homeless outreach, engagement, and street-based case management services with the goal of connecting unhoused residents of the City of Milpitas to housing and other resources.

WeHOPE case managers’ support the City’s homeless outreach efforts in the community and are regularly on-site at the Dignity on Wheels service location to conduct assessments and further connect clients with a countywide network of services.

In 2017, Governor Brown signed a 15-bill housing package aimed at addressing the state’s housing shortage and high housing costs. This included Senate Bill 2 Building Homes and Jobs Act (SB-2), which created a recording fee on real estate documents to increase the supply of affordable homes in California. SB-2 established that 70% of the revenue collected, beginning in the calendar year 2019, will go to locally administered affordable housing, otherwise known as Permanent Local Housing Allocation (PLHA). The funding will help cities and counties increase

CAPER 12
OMB Control No: 2506-0117 (exp. 09/30/2021)
the supply of housing for households at or below 60% of AMI; increase assistance to affordable owner-occupied workforce housing; assist persons experiencing or at risk of homelessness; facilitate housing affordability, particularly for lower-and moderate-income households; promote projects and programs to meet the local government’s unmet share of regional housing needs allocation; and ensure geographic equity in the distribution of the funds. With the funds from the PLHA, the City plans to provide homeless outreach and WHRAP funding. Of the City’s estimated entitlement of $1,017,554, the City was approved to designate 5% to program administration. The remaining balance will be split with 20% for homelessness outreach assessment funding and 80% for a Workforce Housing Rental Assistance Program (WHRAP).

The City of Milpitas offers a Below Market Rate (BMR) Homeownership program to assist very- low, low-, and moderate-income households in becoming homeowners. Our BMR inventory consists of dwelling units acquired through the City’s Affordable Housing Ordinance. The City’s basic eligibility requirements to participate in the BMR Homeownership Program include being a first-time homebuyer, having the ability to provide at least a 10 percent required down payment, and for a household’s income to not exceed very-low, low-, and moderate income as defined by the California Department of Housing and Community Development (HCD).

CAPER 13
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.

One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to be
provided affordable housing units 160 165
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 160 165
Table 5 – Number of Households

One-Year Goal Actual
Number of households supported through
Rental Assistance 0 0
Number of households supported through
The Production of New Units 0 0
Number of households supported through
Rehab of Existing Units 160 165
Number of households supported through
Acquisition of Existing Units 0 0
Total 160 165
Table 6 – Number of Households Supported

Discuss the difference between goals and outcomes and problems encountered in meeting these goals.

The City of Milpitas continues to show progress in providing affordable housing projects and programs to residents. Various programs in the City aim to provide support to LMI clientele.

One of the facilities that provide affordable housing is Terrace Gardens.

Terrace Gardens is a deed-restricted, very-low, and low-income senior housing facility. In Program Year 2023, Terrace Gardens received $5,500 to rehabilitate the community wood trellis. The community wood trellis is an essential place for the staff to hold fun and teaching opportunities for low-income senior residents. Additionally, Terrace Gardens received $125,688.30 for the roof repair of 20% "Community Building," and 100% "G" building. With the completion of the rehab project, a total number of 148 households were supported.

CAPER 14
OMB Control No: 2506-0117 (exp. 09/30/2021)

One of the goals the City has is to provide rehabilitation funding for affordable housing projects.

As part of the City’s Home Rehabilitation program, the City partnered with Rebuilding Together Silicon Valley (RTSV), to provide Milpitas residents with emergency repairs for qualified low- income homeowners. The program is designed to preserve affordable housing by providing safety, energy efficiency, accessibility repairs, and improvements to qualified households. In Program Year 2023, RTSV received $125,000 in funding and this provided housing repairs for 17 Milpitas households, which meets the annual goal.

Discuss how these outcomes will impact future annual action plans.

The goal of creating more affordable housing will continue to be a goal in future action plans.

However, the increasingly high cost of construction coupled with surging land costs have made the creation of deeply affordable housing (low, very-low, and extremely-low income) very challenging.

Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.

Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 574 0
Low-income 207 0
Moderate-income 57 0
Total 838 0
Table 7 – Number of Households Served

Narrative Information
In Program Year 2023, the City of Milpitas served a total of 865 households. In total, 66% were considered extremely low-income; 24% were considered low-income; and 7% were considered moderate-income. A total of 3% of households served were considered non-LMI.

CAPER 15
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:

Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs.

Rent and Mortgage Relief

In October 2019, the City created a Pilot Rent Relief Program and allocated $100,000 from the City’s Affordable Housing Fund to assist the City’s at-risk population to prevent eviction, and displacement, and to provide financial support for other critical housing needs. In March 2020, with the onset of the COVID-19 pandemic, the City allocated an additional $100,000 from the Affordable Housing Fund to assist those who had been affected by the pandemic and whose housing situations were at risk. With these funds, the City assisted in the prevention of 40 households and 140 Milpitas residents from potential eviction.

The City further endorsed the success of the pilot program by permanently establishing the Rent Relief Program and allocated $725,607 in CDBG funding over the last two subsequent program years (2020 and 2021). The success of this program could not be understated as over 100 families and over 300 residents were assisted with CDBG funds.

In September 2021, the City Council approved the use of $1,100,000 in ARPA dollars to expand the program to include mortgage relief. Of the $1,100,000 appropriated, $150,000 will be used to partially fund a 3-year limited term Administrative Analyst. Per the City Council's direction, the remaining balance will be distributed with 75% ($648,375) for rent relief and 25% ($216,125) for mortgage relief. The remaining $950,000 will cover both rent and mortgage relief and is estimated to benefit 130 households with rental assistance and 14 households with mortgage assistance. In August 2024, the City approved the transfer of $763,000 from the State Budget for Homelessness Prevention and Unhoused Services to the Rent Relief program.

WeHOPE

In December 2020, the City began a pilot program with Project WeHOPE to administer their Dignity on Wheels Mobile Shower and Laundry program in the City. The City allocated $21,372 in funding to the program and further demonstrated its commitment to providing the unhoused community with services by further allocating $75,180 to extend its existing service contract until June 30, 2023. In June 2023, as part of the City’s budget process, $150,000 was allocated to enter a new contract with Dignity on Wheels that would cover services until June 30, 2026. Held every Sunday, WeHOPE on average provides 100 showers and 45 loads of laundry per month, serving around 45 unduplicated individuals.

CAPER 16
OMB Control No: 2506-0117 (exp. 09/30/2021)
To date, more than 1,500 amount of presumed LMI individuals have benefited from the activity.

Homeless Outreach

After a competitive RFP process, the City has chosen to contract with WeHope for homeless outreach, assessment, and case management. WeHope is a Bay Area nonprofit organization that began as an emergency shelter and has provided unhoused outreach, assessment, and case management services for the last 10 years. Under this contract, WeHope will identify, assess, and refer unhoused residents to appropriate housing programs and services, as well as provide consistent immediate data and longer-term projections on unhoused residents in the city to ensure that the City has a strategic and standardized methodology for servicing unhoused residents. The initial allocation of $200,000 is also funded through the Permanent Local Housing Allocation Grant.

Permanent Local Housing Allocation (PLHA)

In July 2023, the City received its signed Standard Agreement with HCD approving its 2019, 2020, and 2021 funding applications for $1,017,554. The City was approved to designate money to fund homeless outreach as well as for the creation of a Workforce Housing Rental Assistance Program, which provides a rental subsidy to Milpitas residents and members of the local workforce whose income is at or less than 30% AMI, defined by HCD as extremely low income.

Up to 50 households will be provided $645 of rental assistance per month for 24 months.

Addressing the emergency shelter and transitional housing needs of homeless persons The City continues to work closely with community partners and organizations to address the emergency shelter and transitional housing needs of our homeless residents. The City will work closely with the new outreach provider WeHOPE to create a formalized outreach and assessment plan to provide on-site case management, assessment, and referral to other services to help house our homeless population, as well as obtain necessary demographic information to ensure a well-rounded approach.

The City partners with LifeMoves to provide various services to our unhoused community.

LifeMoves operates 26 facilities and service sites consisting of 12 interim shelters, a drop-in center, and several permanent supportive housing sites, as well as programs such as outreach to the unsheltered homeless population, safe parking programs, and homelessness prevention emergency assistance programs. In particular, the LifeMoves Villa Shelter (Villa) provides individuals with shelter beds and other services to all residents of Santa Clara County. The Villa has 15 family units and 9 beds available for single women for an average shelter capacity of 54 individuals per night. The Villa generally serves about 250 individuals each year, about half of whom are children. The purpose of the program is to provide interim housing and supportive services for homeless families and individuals to rapidly return to stable housing and achieve long-term self-sufficiency.

CAPER 17
OMB Control No: 2506-0117 (exp. 09/30/2021)

The City of Milpitas also contracts with WeHOPE to provide homeless outreach, engagement, and street-based case management services. WeHOPE case managers conducts an assessment tool known as the Vulnerability Index-Service Prioritization Decision Assessment Tool or VI- SPDAT to identify needs and connect with a countywide network of services including emergency shelter and transitional housing.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care, and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs

Milpitas does not currently have an institutional discharge policy. The City collaborates with the Santa Clara County Continuum of Care CoC, which recently updated its Quality Assurance Standards to include a homeless discharge coordination policy.

The County CoC endeavors to provide guidance and resources to those released from institutions. The discharge policy includes access to reentry resource centers where, for example, a VI-SPDAT could be administered. The VI-SPDAT measures the acuity level of an individual and is used to inform what type of support or housing needs are required. It also serves as the entry point for access to other resources or supportive services, such as residential or outpatient treatment, transitional housing, or emergency shelter access.

CDBG and City Local Funds
• Rent Relief Program: FORWARD has been administering the City’s Rent Relief Program, which offers low- and moderate-income residents a maximum of $5,000 per calendar year, to prevent eviction and community displacement.
• WHRAP Program: FORWARD is also be administering the city’s Workforce Housing Rental Assistance Program, which offers rental subsidies to members of the Milpitas workforce who are at or under 30% AMI.
• Child Advocates of Silicon Valley: Child Advocates connect court-appointed special advocates (CASAs) to foster children. These volunteers must make a commitment to the children for a long-term, many for his or her entire life. The consistent support of the CASA is often the only adult who has steadily remained with the child, providing crucial mentorship.
• Seniors Adults Legal Assistance (SALA): SALA is committed to providing free-legal services to seniors. Legal services that SALA provides ranges from: public benefits, long- term care, alternatives to institutionalization, elder abuse, long-term care insurance, incapacity planning, probate, simple wills, and housing – related to Landlord-Tenant issues. Often, many seniors do not know his or her housing rights or sign over the will of their house without knowing, and with fixed income, many are unable to provide legal help. SALA provides legal help free of charge for these low to extremely low-income seniors.

CAPER 18
OMB Control No: 2506-0117 (exp. 09/30/2021)

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again

As noted above, the City contracts with WeHOPE to provide outreach and assessment services to the unhoused community in Milpitas through two full-time case managers.

The City of Milpitas also partners with WeHOPE’s Dignity on Wheels program to provide free hot showers, laundry, and case management services for the unhoused Milpitas community. In Program Year 2023, a total number of X sessions were conducted in which X individuals participated. A total of X showers and X loads of laundry were provided by the program.

CAPER 19
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
This is not applicable, there are no public housing developments in the City of Milpitas.

Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
Not applicable.

Actions taken to provide assistance to troubled PHAs
Not applicable.

CAPER 20
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) Resolution No. 8523
The City adopted Resolution No. 8523 on February 2, 2016, which recognizes homelessness as a crucial problem in the County and will help contribute to future affordable housing projects that will house the homeless.

Affordable Housing Ordinance 297
In June 2018, the City Council passed Affordable Housing Ordinance 297 which requires all new residential development projects of 10 units or more designed and intended for permanent occupancy shall construct 15% of the total number of dwelling units within the development as affordable units.

Housing Opportunity Zone
The project will establish a new ‘overlay district’ within established critical priority areas of Milpitas and complete the associated California Environmental Quality Act (CEQA) analysis to accelerate housing production in the City. The Housing Opportunity Zone (HOZ) will provide objective standards and incentives to developers to encourage and support the development of by-right, affordable, and supportive housing projects, including housing for special-needs residents.

The project would streamline housing approvals and accelerate housing production by providing clarity and certainty to developers to stimulate development in priority areas.

Incentives to developers may include reduced parking requirements, additional density bonuses beyond the State Density Bonus, increased allowable heights, streamlined permitting processes, and fee waivers.

Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) As noted above, the City contracted with WeHOPE to provide assessment services to the unhoused via case managers. The case managers provide ongoing outreach and assessment services to the unhoused community in Milpitas.

Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) Historically, the County of Santa Clara has received funding from State’s Department of Health Service and Federal Government for Center for Disease Control to implement a Childhood Lead Poisoning Prevention Program. The funded programs include: community outreach screen, case

CAPER 21
OMB Control No: 2506-0117 (exp. 09/30/2021)
management, and public education to inform low-to-moderate income and older communities.

The project will then follow up with environmental testing, lead-based education, blood-lead testing for children, hazard reduction grants, and follow-up with monitoring and testing.

Milpitas has adopted a Lead-Based Paint Management Plan which complies with HUD-Based Paint regulations and outlines the required states of abatement and remediation for rehabilitation projects. In addition, the City publicizes and identifies lead-based hazards and older residential projects through its Code Enforcement Division and Building Department. In addition, projects undergoing rehabilitation, especially under the City’s Rehabilitation Loan Program, are supported through abatement and technical assistance on how to proceed with mitigating lead-based paint hazards.

Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) The City of Milpitas prioritized the needs of microenterprises during the pandemic. Under the American Rescue Plan Act (ARPA), various small Milpitas businesses received financial assistance due to the economic hardship brought on by the COVID-19 pandemic. Selected participants must have met the very low, low, or moderate-income clientele level in order to receive the grant. The Enterprise Foundation collected income statements, tax returns, and other documents to confirm eligibility to HUD’s guidelines. The total available funds awarded for the Small Business Assistance Grant Program was $1,570,000. A total of 343 eligible small business applications were received by the City. On April 8 th, 276 grants of $5,000 ($1,380,000)
and 67 grants of $1,700 ($113,900) were awarded to various microenterprises in Milpitas. This means all the business applicants deemed eligible received funds including 46 daycare centers.

A CDBG-funded Microenterprise Grant Program administered by FORWARD came online in Program Year 2023. A total of 25 microenterprises received a $2,000 grant. The new program will follow the eligibility process of the prior Small Business Assistance Grant Program. The selected participants met the very low, low, or moderate-income clientele level to receive the grant.

Actions taken to develop institutional structure. 91.220(k); 91.320(j) The City is striving to improve intergovernmental and private sector cooperation to synergize efforts and resources and develop new revenues for community service needs and the production of affordable housing. Continued collaborative efforts include:

Regular quarterly meetings between entitlement jurisdictions at the CDBG Coordinators meeting.

Meet with the Regional Housing Working Group
Joint jurisdiction Request for Proposals and project review committees Coordination on project management for projects funded by multiple jurisdictions

CAPER 22
OMB Control No: 2506-0117 (exp. 09/30/2021)
Community Development Roundtable monthly meetings with the real estate and development communities
Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
The City benefits from a strong jurisdiction and region-wide network of housing and community development partners, such as the County and the CoC. To improve intergovernmental and private sector cooperation, the City will continue to participate with other local jurisdictions and developers in sharing information and resources.

Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) The City continues to provide funding for Project Sentinel, who the City contracts for fair housing issues. Project Sentinel is a private, non-profit agency providing fair housing, tenant- landlord counseling, and dispute resolution services. Additional services include counseling, case intake, education, and outreach. Other services include HUD-certified mortgage default counseling and First-Time Homebuyer workshops are open to Milpitas residents.

CAPER 23
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with the requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
The City of Milpitas Housing Division maintains a high level of integrity regarding monitoring our subgrantees. The City ensures all funded organizations comply and meet financing and programmatic requirements of HUD through our contract process. The details and level of service that is to be performed by the subrecipients are outlined in the agreements. The terms and conditions in the agreement follow HUD regulations and are approved by our City Attorney.

As outlined in the agreements, each organization is required to submit quarterly reports of its activity progress in meeting the goals listed in the contract. In addition, the organization must submit invoices for reimbursements that document what services have been rendered. City staff takes the quarterly reports and reimbursement supporting documents and reviews items for any discrepancies. If any concerns or questions arise while reviewing the documents submitted by the organization, City staff will contact the organization and begin an internal investigation. The internal investigation will continue until the discrepancy is cleared. All funded CDBG-funded activities, including CDBG-CV-funded activities, are subject to this process.

During Program Year 2023, staff met with all subrecipients to get a better understanding of the services provided. In alignment with CDBG regulations, City staff drafted an extensive work plan for monitoring for each organization, reviewing progress reports, and expense reports, and denoting any prior issues with compliance before meeting with CDBG program staff. Staff had both an internal monitoring strategy which included review of documentation, creating a monitoring checklist with all necessary information related to that project, as well as a strategic plan for the on-site monitoring to ensure all parts of the project were adequately and efficiently reviewed. Staff would then meet with CDBG partners to discuss the findings of the visit and any possible errors before sending the formal monitoring letter, which would formalize all the details in writing. During the monitoring process, staff took note of common questions or concerns that program staff had to ensure that future sessions are as efficacious as possible.

Additionally, we met to discuss best practices and data collection. We will continue to meet with subrecipients for monitoring online or in person. Housing staff is available to subrecipients if they ever have any questions regarding the program. For new subrecipients, staff works closely with the organization to ensure compliance. We provide one-on-one training for new subrecipients on program, planning, and reporting requirements needed under CDBG.

CAPER 24
OMB Control No: 2506-0117 (exp. 09/30/2021)

Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.

As described in the City’s approved Citizen Participation Plan, the CAPER was made available in the Public Library, City’s Website, City Hall, and per request via email to the public for public comment for at least 15 days. A public notice was published in the Milpitas Post and City website on August 23, 2024. The comment period is from August 23 through September 16, 2024. Public notices were translated into Spanish, Vietnamese, Tagalog, and Simplified Chinese to further enhance communication with residents whose primary language is not English.

CAPER 25
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.

There are no changes in the objectives of the program.

Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Review the List of Agenda Item Requests From Individual Councilmembers and Provide Direction to Staff Through the Council-Approved Prioritization Process (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012) Category: Leadership and Support Services
Meeting Date: 9/17/2024
Recommendation: (1) Review list of agenda item requests from individual Councilmembers and provide direction to staff, through the prioritization process, on which Group 1 items should be advanced; and (2) Provide additional input to staff, if any, on Group 1 items that received Council direction to advance.

BACKGROUND:

At City Council meetings, under the Announcements section, City Councilmembers may request items for the full Council to consider. These items are placed on a list for a future City Council discussion and action. On January 19, 2021, at a Special City Council meeting, Council provided direction to staff to streamline the process by presenting individual Council agenda item requests for prioritization to City Council on a quarterly basis.

On January 10, 2023, City Council approved a City Council Request Prioritization Policy which guides the prioritization process. As part of the January 10, 2023 approval, language was included in this Policy to remove items recommended by prior members of the City Council unless a current City Councilmember chose to sponsor the continuation of those items.

The last prioritization was held on June 11, 2024. Links to prior prioritization reports and minutes are included under Attachments.

ANALYSIS:

Staff is now bringing forward the next prioritization of items requested by Council between June 11, 2024 and September 3, 2024, including the status on items previously approved by Council.

As shown in Attachment 1, a total of 35 items, some which were discussed during the prior prioritization discussion, have been grouped into four categories, differentiated by level of effort and status of the agenda request, as outlined below:

Group 1 – Items that have not been initiated; will require more than four hours of staff time; and may require additional funding or resources (4 items).

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

Group 3 – Items that are currently underway and/or already included in workplan (19 items).

Group 4 – Items that have been completed, postponed indefinitely, or withdrawn (8 items).

Prioritization Process
Similar to the prior prioritization process, the new Group 1 agenda item requests are detailed in Attachment 2. As these requests have not yet been discussed, staff has attempted to identify alignment with Council priority areas to the extent possible. As part of Attachment 2, staff provided a summary which includes the lead and supporting departments, estimated resources and cost to complete the work, description of work effort, any actions taken to date, clarification or direction sought from City Council, and other additional considerations including impacts on other workplan items. To the extent possible, staff

sought clarification from City Councilmembers sponsoring the request; however, some items may need additional clarification from the requesting Councilmember(s). To facilitate Council prioritization, Group 1 items have been further categorized into three sub-groups: Ordinances and Policies, Projects and Programs, and Miscellaneous.

For the Group 1 items, the total annual costs are estimated as follows:

Potential Ongoing Costs Potential One Time CostsItem
Low Range High Range Low Range High Range
CC01: Accessory Dwelling
Unit Ordinance to Allow
Condominium Conversions
$0 $0 $12,000 $12,000
CC02: Explore potential
purchase of additional
property on Main Street
TBD TBD $1,995,000 $1,995,000
CC03: Revise municipal code
to include Animal Cruelty
guidelines for additional
animals such as horses, cats,
etc..
$0 $0 $10,000 $10,000
CC04: Revise the rental
assistance yearly cap from
$5,000 to approximately
$3,500 to $3,800 per family
$0 $0 $0 $0
Since Group 2 items (see Attachment 1) require less than four hours of staff time, these items can be advanced without requiring a majority vote, Council may wish to provide additional input or direction on this item. For Group 3 items, which are underway and/or already included in staff workplans, staff provided an update in Attachment 1. A list of Items completed, postponed indefinitely, or withdrawn, are presented as a separate attachment (Attachment 3).

Voting Process
In accordance with the adopted City Council Prioritization Policy, existing staff workload and the number of Group 1 items, staff proposes the Council prioritize no more than two items. The typical voting process for prioritization is summarized below.

Round 1
Each member of the Council will be asked to prioritize their top two items from Group 1. Councilmembers will receive paper copies to help them review and complete the preliminary prioritization, and electronic voting will be conducted.

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

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

Additional Rounds, if needed

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

Any items that do not advance through this multi-step prioritization process will be removed from the active list and need to be resubmitted through Announcements for the next prioritization discussion, tentatively scheduled for December 2024 or January 2025
Group 4 Items
As discussed above, the following 8 items have been moved to “Group 4” in this update as they have been completed or withdrawn:
•Letter to County regarding horse riding: This item is completed. The letter was sent to Santa Clara County on June 7, 2024.
•Adopt a resolution supporting the Build the Future Santa Clara County (childcare) Campaign: This item is completed. A resolution was approved by the Mayor and City Council on August 20, 2024. •Solicitation Ordinance - bring back prior version to Council: This item is completed. On September 3, 2024, the Mayor and City Council adopted an ordinance prepared by the City Attorney's Office. •Community Advisory Commission: Change focus to housing: This item is completed. On August 13, 2024, the Mayor and City Council approved changing the name of the Community Advisory Commission to the Community Housing Commission.
•Explore possibility of naming the County library on Main Street: This item is completed. On September 3, 2024, the Mayor and City Council adopted the name "Milpitas Jose Esteves Library". Funding for the installation of a sign on the exterior of the building along with other collateral materials and any ceremonial expense will be tracked as a separate item moving forward. •Staff to complete analysis if, working with the County, it would be beneficial to have a location where residents can pick up Narcan: This item is completed. Based on current opioid overdose statistical trends for Milpitas, staff is confident there are adequate opportunities for members of the community to access Naloxone. These access points include a mail-in program for residents of Santa Clara County, sponsored by the Santa Clara County Opioid Prevention Project. Additionally, the County Public Health website lists several locations throughout the County that readily provide Naloxone to anybody, no questions asked.

Lastly, the Milpitas Fire and Police Departments have taken a proactive approach to preventing opioid overdoses through the active deployment of Naloxone on all fire and police vehicles throughout the City. •City Employment Job Fair at City Hall: This item is completed. Human Resources conducted a recruitment tabling event at a Community Concert in Starlite park In June 2024. City staff spoke with attendees about job opportunities, signed people up for job alerts, and provided Department information and promotional items. The Department will do more of these recruitment activities in the community (partnering with City departments) in the next year.
•Explore compassion fund: This item has been removed from consideration as the underlying reason it was raised has been resolved.

POLICY ALTERNATIVE:

Not applicable
FISCAL IMPACT:

For the Group 1 items, annual ongoing and one-time costs are summarized in the table in the analysis section of this report. Based on Council direction, staff will consider prioritized items that require new funding as part of a future budget process.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

This item is not a Project under CEQA in accordance with CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) as it can be seen with certainty that a general discussion of funding priorities by the City Council will not have a significant effect on the environment. Further, the item is also not a Project pursuant to CEQA Guidelines Section 15378(b)(4) as it is a government fiscal activity that does

not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. Although the use of funding will be discussed, any project scope and potential environmental analysis would be speculative at this time, and future environmental analysis will be conducted for the potential projects prior to the City making any commitment or approval of any project.

RECOMMENDATION:

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

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

ATTACHMENTS:
(a) List of Councilmember Agenda Item Requests
(b) Information on Group 1 items
-CC01 – ADU Ordinance
-CC02 – Explore Purchase of Property on Main Street
-CC03 – Animal Cruelty Ordinance
-CC04 – Rental Assistance
(c) List of Completed, Postponed Indefinitely, or Withdrawn Items (d) Links to Prior Prioritization Reports and Minutes
• March 16, 2021 Agenda and Minutes
• August 9, 2021 Agenda and Minutes
• January 11, 2022 Agenda and Minutes
• May 3, 2022 Agenda and Minutes
• September 6, 2022 Agenda and Minutes
• February 7, 2023 Agenda and Minutes
• June 20, 2023 Agenda and Minutes
• November 14, 2023 Agenda and Minutes
• February 20, 2024 Agenda and Minutes
• June 11, 2024 Agenda and Minutes

Attachment 1
List of Councilmember Agenda Item Requests
No. Topic Requested By Date
Requested
Requires more
than 4 hours
of additional
staff time
Department / Office Council Priority
Area(s) Status
Additional
Resources/Funding
Needed or Deferral of
Council Approved
Programs
Group 1 – New Items that have not been initiated; will require more than four hours of staff time; and may require additional funding or resources.

Ordinances and Policies
CC01 Explore new ordinance for ADUs to allow
condominium conversions
Chua 8/13/2024 Yes Planning Economic
Development &
Job Growth
see attached writeup
CC02 Explore potential purchase of additional property
on Main Street
Montano 8/13/2024 Yes Office of Economic
Development
Economic
Development &
Job Growth
see attached writeup
CC03 Revise municipal code to include Animal Cruelty
guidelines for additional animals such as horses,
cats, etc..

Chua 9/3/2024 Yes City Attorney's Office Governance &
Administration
see attached writeup
Projects and Programs
CC04 Revise the rental assistance yearly cap from $5,000 to approximately $3,500 to $3,800 per family
Montano 9/3/2024 Yes City Manager: Office of
Housing
Neighborhoods
& Housing
see attached writeup
Group 2 – New items that have not been completed and will require less than 4 hours of staff time 5 Recognize local 2024 Olympians with ties to
Milpitas
Montano 8/5/2024 No City Manager's Office Governance &
Administration
September 2024 Update: Staff is in the processing contacting the 3 known Olympians with ties to Milpitas and will schedule a commendation at a future City Council meeting once contact is made. 6 Send letter to County Supervisor Otto Lee re: weeds
on Montague
Montano 8/13/2024 No City Manager's Office Community
Wellness &
Open Space
September 2024 Update: City staff has been in contact with staff from the County of Santa Clara and the weeds along Montague in the County's jurisdiction were mowed in late August 2024. Staff will send the letter to Supervisor Otto Lee in September 2024. 7 Review sources of funds for library name and return
to City Council with alternatives prior to the next
annual budget process
Barbadillo 9/3/2024 No City Manager's Office Community
Wellness &
Open Space
September 2024 Update: Staff is working with vendors on revising the initial cost estimate of $25,000 to $40,000. Once the cost estimate is updated, staff will provide an informational email to the Mayor and City Council which will include a revised cost estimate and potential funding source options. It is expected that this information will be available by October 2024. 8 Evaluate hours of service for Food Pantry Montano 9/3/2024 No City Manager's Office Neighborhoods & Housing
September 2024 Update: Staff is working with the Food Pantry, who is renting space from the City on Main Street, to better understand the scope of service for the facility. Staff will provide an informational email to the Mayor and City Council with this analysis in October 2024.

Group 3 - Items that are currently underway and/or already included in workplan 9 Feasibility Study for Night Market/Food Trucks on
Main Street
Montano 5/7/2024 No City Manager's Office:

Economic Development
Economic
Development &
Job Growth
September 2024 Update: Staff has contacted various food truck and night market consultants including Off the Grid, Food Truck Mafia, and Moveable Feast. On August 12, 2024, the Economic Development and Trade Commission (EDTC) participated in a North Main Street tour of potential development opportunities, Storefront Improvement Grant Program project completion, and a discussion on a Main Street event focused on food, entertainment, and art. A scope of work for consultant services is being developed for a proposed May 2025 event series.

June 2024 update: As this is aligned with the Office of Economic Development's existing workplan tasks, there is no additional staff time required to implement this analysis.
10 Explore increasing stipend for planning commission Barbadillo 4/16/2024 Yes Planning Neighborhoods & Housing
September 2024 Update: Staff is researching comparative information on compensation and workload levels for Planning Commissions from other Santa Clara jurisdictions.

Yes
11 Escuela Parkway Traffic Safety Review Montano 5/7/2024 Yes Public Works Transportation & Transit
September 2024 Update: Staff submitted an application SFPUC's Project Review Committee to widen Escuela Parkway over their property.

The Committee informed the City that the project would not be authorized because it would reduce access to their infrastructure, create safety issues for staff performing work, and hinder their ability to install new facilities in the future. In addition, staff will be conducting a preliminary traffic assessment of the area now that school is back in session and a routine has been established by parents and staff during the school drop off/pick up times. Based on observations, staff will determine the next step of the evaluation process for potential improvements.

June 2024 update: Staff is evaluating any recommendations identified in the adopted Citywide Travel Safety Plan that may be applicable to this area. Furthermore, staff has submitted grant applications for SS4A and ATP funding in the amount of $8 million in order to fund any safety improvements. Award announcements are to be released this fall.

Yes

Attachment 1
List of Councilmember Agenda Item Requests
12 Affordable Housing Ordinance Review Montano 12/5/2023 Yes City Manager's Office:

Housing & City
Attorney's Office
Neighborhoods
& Housing
September 2024 Update: CAO is working with CMO and various departments to create a guide for developers that will explain how to comply with the City's AHO in the initial application materials including submission of an AHO compliance form in the initial planning application. The guide will also tell developers, prior to applying for entitlements, what documentation and information needs to be provided to the City in case the developer intends to seek an alternative form of AHO compliance. The goal of the document is to streamline the entitlement application process for developers as well as maximize AHO compliance for the City. The document, which will be a CM level policy document, should be ready October. 13 Request that the Arts Commission explore
alternatives for future of statue in front of City Hall Phan 1/30/2024 No Recreation &
Community Services
Community
Wellness &
Open Space
September 2024 Update: This discussion item is agendized for their September 23 Meeting, their first meeting back from the summer break.

June 2024 Update: Planned discussion on this topic will occur at September 2024 Arts Commission meeting.

February 2024 Update: During February or March 2024, staff will request that the Arts Commission have a discussion about potential alternatives for the statue in front of City Hall. It is possible that this could turn into a work effort in excess of 4 hours in the future pending the results of this discussion. If it does, staff will bring this item back to council for a discussion regarding prioritization.

Additional funding
likely needed pending
further staff analysis.
14 Charter City Evaluation Phan 9/5/2023 Yes City Manager's Office, City Attorney
Governance &
Administration
September 2024 Update:

Resources to analyze this policy issue were approved in the Fiscal Year 2024-2025 operating budget. Staff expects to begin work on this item in late 2024.

June 2024 Update: Resources to analyze this policy issue are expected to be approved in the Fiscal Year 2024-2025 operating budget. Staff expects to begin work on this item in late 2024.

February 2024 Update: At the January 30, 2024 Operating budget study session consensus was received to allocate funding towards this effort as part of the Fiscal Year 2024-2025 Operating budget. Further work on this item is pending budget allocation.

Additional funding
likely needed pending
further staff analysis.
15 Main Street International Festival Lien 10/3/2023 Yes Recreation & Community Services
Community
Wellness &
Open Space
September 2024 Update: Staff have begun internal discussions on the summer series, including possible collaboration with other efforts around Main Street Revitalization.

June 2024 Update: Addressing in the FY24-25 budget through existing Movie Nights series which will be held in Summer 2025.

February 2024 Update: At the January 30, 2024 operating budget study session consensus was received to continue to discuss this item as part of the re-organization of the events calendar that the Recreation & Community Services department is reviewing with the City Council.

November 2023 update: see attached writeup
16 Recreation & Community Services Department to
Review of potentially returning additional programs
for Bingo and Senior Trips
Chua 11/7/2023 No Recreation &
Community Services
Community
Wellness &
Open Space
September 2024 Update: The Bingo license application is estimated to be considered at a public hearing at a City Council meeting in October. Bingo is still on track to be re-launched in early Winter. Trips are scheduled to return in November 2024.

June 2024 update: Staff addressing request through regular course of business. Currently, staff are moving forward with applying for their Bingo License, and setting up a survey for new trip ideas from the senior membership. It is estimated that trips will resume in mid Fall of 2024, and Bingo would start in early Winter.

February 2024 Update: Staff is assessing Bingo equipment and will be starting a new Bingo license application in Spring 2024. Staff is assessing alternate ways to provide trips to seniors until and potentially after the new van has been purchased.

November 2023 update: Bingo: Senior Center Bingo participation had reduced drastically before the pandemic with an average of 20 people per session. Contributing factors could have been the normal loss of participants due to moving away, moving into care homes, and/or the opening of Milpitas Charity Bingo. Staff has heard from some seniors that the buy-in costs at Charity Bingo are too expensive.

Recreation program staff is currently investigating the option of renewing the City’s Bingo License and potentially bringing back the program opportunity utilizing volunteers. Staff will report back to the City Council once this analysis is completed.

Trips: The Senior Center has monthly meetup trips at local destinations. There is also the “Foodie Club” which is an open club of senior center members that meet once a month at a Milpitas restaurant. The large Senior Center Bus that was previously used to transport Seniors to these destinations is has been de-commissioned as it met the end of it’s useful life. The City has funding for a new van. Once this new van is purchased, staff will resume a hybrid trip program that will both meet up with seniors who can drive and transport seniors who cannot to destinations. Given overall nationwide fleet procurement challenges, it is anticipated that the purchase of this van would take up to 9 months.

No. Topic Requested By Date
Requested
Requires more
than 4 hours
of additional
staff time
Department / Office Council Priority
Area(s) Status
Additional
Resources/Funding
Needed or Deferral of
Council Approved
Programs

Attachment 1
List of Councilmember Agenda Item Requests
17 Look into possibility of Senior citywide discount
from all Milpitas businesses.

Barbadillo 2/7/2023 Yes City Attorney/City
Manager's Office
Community
Wellness &
Open Space
September 2024 Update: City council approved funding for staff work and a survey for the policy review of this program as part of the FY 2024-2025 Budget approval. Staff has coordinate with survey firm FM3 and expects to launch a survey of local businesses in September 2024 and return to council in late 2024 with policy analysis.

June 2024 update: Staffing and survey resources for the policy work for this item are expected to be approved as part of the Fiscal Year 2024-2025 Operating budget. Staff expects to return to the City Council with policy options and cost estimates by the end of 2024.

February 2024 update: At the January 30, 2024 Operating budget study session consensus was received to allocate funding towards this effort as part of the Fiscal Year 2024-2025 Operating budget. Further work on this item is pending budget allocation, however staff is in the process of meeting with a survey consultant to receive a firm cost estimate on a potential survey of businesses for this proposal.

November 2023 update: Staff have begun preliminary investigation into alternatives and staff anticipates being able to frame potential options and next steps more thoroughly by early 2024.
18 Look into defining either a
standalone teen center or updating information to
indicate the Senior Center also functions as a Teen
Center
Chua 9/20/2022 Yes Recreation &
Community Services
Community
Wellness &
Open Space
September 2024: Teen summer programming was successful, with many trips, classes, meet ups and sports drop-in sessions at full capacity.

The summer MYF program, held out of the center and run by Teen Center staff, had one of their best sessions yet. Center programs, events and workshops for the new school year, including increased collaboration with high school clubs, Halloween event, and financial aid workshops for college preparedness.

June 2024 update: Based on surveys of teens, it appears that the ideal course of action is to have multiple locations available for their use.

Staff have begun a "Teen Center Everywhere" campaign and have brought teen drop-ins back to the Sports Center which have been successful. Staff will continue to amplify this campaign and monitor usage rates and report back to the City Council in future updates.

February 2024 update: Staff conducted multiple survey outreach efforts resulting in lower than anticipated participation. Initial results are being reviewed and staff will follow up with the City Council on next steps.

November 2023 update: Staff is conducting a Teen Center User Survey with the teens of Milpitas ages 12 - 18. Feedback from this survey is anticipated to be completed by mid November 2023.

June 2023 update: A Teen Center Survey has been released and is currently gathering responses. It is anticipated that data on the use of the center and/or its programs relative to it's proximity to home and/or school, and the type of programming desired will provide the input needed for the resolution to this request.
19 Look into implementing a workshop for small
businesses on the bidding process for projects in
the city.

Chua 8/9/2022 Yes City Manager's Office:

Economic Development
Economic
Development &
Job Growth
September 2024 update: Staff is still planning on performing data analysis on local business' participation in the City's bidding process. This data analysis was expected to be completed in Fall 2024 however has been delayed as a result of significant vacancies in the City's procurement staff.

June 2024 update: City staff from Economic Development, City Manager's Office and procurement participated in the Milpitas Small Business expo on April 20, 2024. As a next step, staff is expected to perform data analysis on local business' participation in the City's bidding process. This data analysis is expected to be completed in Fall 2024.

February 2024 Update: Staff will either present or have a booth to share information about the City's bidding process at the Milpitas Small Business Expo on Saturday, April 20, 2024.

November 2023 update: Staff presented in August to the Economic Development and Trade Commission. Feedback was received regarding the need for more thorough metrics regarding current local business participation and goals of the program.

June 2023 update: Staff was scheduled to provide a report to the Economic Development and Trade Commission on June 12, 2023 however that meeting with postponed due to lack of quorum. Staff will present to the Commission at the next available date. Further analysis on options and alternatives to connect more local and local small City of Milpitas businesses to our procurement processes will continue through 2023.

No. Topic Requested By Date
Requested
Requires more
than 4 hours
of additional
staff time
Department / Office Council Priority
Area(s) Status
Additional
Resources/Funding
Needed or Deferral of
Council Approved
Programs

Attachment 1
List of Councilmember Agenda Item Requests
20 Pickleball Pilot Project Chua 2/28/2023 Yes Recreation & Community Services
Community
Wellness &
Open Space
September 2024 update: In coordination with the Public Works Department, a traffic assessment of concerns regarding speeding was conducted. Additionally, more efficient ways to park in the area were discussed at the staff level. Messaging to approximately 610 Hall court users was send on Monday, August 26 with an update on court surface spot repairs and the installation of the sound dampening panels which is estimated to be scheduled at the end of September. Courts will be closed for approximately one week, and notification of at least two weeks will provided to users and neighbors.

June 2024 update: Staff presented the status of the finalization of the Pickleball Pilot program and potential next steps for permanent court designation at the March 19, 2024. Council provided direction to close Hall Courts at 9pm, install safety fencing between existing tennis and pickleball courts, and install acoustic fencing enhancement. Staff is also assessing traffic concerns in the area. Hall Court open hours were adjusted to close at 9pm on Monday, April 29. Fencing and acoustic enhancements are expected to be completed in summer 2024. Staff will assess any improvements to pickleball sound carrying into the surrounding neighborhood, and court experience with the safety fencing.

February 2024 update: A new community survey was conducted from December 2023 through January 2024. A community meeting was held on February 8, 2024 to receive father input. Staff expects to return to the City Council for a final recommendation on the use of Hall Park Courts for tennis and/or pickleball in March 2024.

November 2023: Staff is currently engaged in a community outreach process to determine the potential uses of the City Council allocated $100,000 to create a permanent pickleball opportunity in Milpitas. Staff anticipates returning to the City Council with a recommendation on this prior to the end of 2023. Recently the tennis community has engaged of the tennis around this project topic, and so staff anticipates returning to City Council with a recommendation after the first of the year.

June 2023 update: The Pickleball Pilot program concludes at the end of July. Due to it's documented success, City Council has provided budget allocations of $100,000 for permanent pickleball courts. Until such time as the court system(s) are in place, pickleball will continue as operating at Hall Park Tennis Courts and Gill Park Handball courts. Additionally, staff will work to phase out Pickleball at the Browne Tennis Courts, based on feedback by City Council at the approval of the Pickleball Pilot Program. 21 Main Street Infrastructure Projects Montano 2/28/2023 Yes Public Works Transportation & Transit
September 2024 update: Staff was informed that only an additional $250K will likely be allocated to Main Street as part of the calendar year 2024 federal earmark process. Staff will evaluate alternatives moving forward given the fact that the allocated funding is far short of the needed amount.

June 2024 update: Staff was informed in May 2024 that Representative Ro Khanna has submitted a request to the federal government for the remaining $1.9 million required to complete the first phase of the Main Street lighting project. Staff expects to hear a progress update on this funding request by Fall 2024.

February 2024 Update: Staff is still working on determine how to best use and access the $500,000 that was received during the 2023 Federal earmark process. Additionally, staff has listed this as a priority project for 2024 potential State and Federal earmark dollars.

November 2023 update: As part of the 2023 Federal appropriations process, $500,000 of the requested $2.1 million was received for the Main Street lighting project. Staff will work with federal and state representatives to review options for use of this funding over the next several months (often it takes several months after the budget is passed in order for staff to be able to work with the Federal Agency responsible for use of funds received).

Prior update: As part of the 2023 State and Federal appropriations processes, both State Assemblymember Alex Lee and Federal Representative Ro Khanna have requested funding for Main Street infrastructure improvements. Further information on whether these appropriation requests are approved will be available in late 2023. 22 Main Street Flooding at Library Chua 2/28/2023 Yes Public Works September 2024 update: The lowering of the Wrigley Ford Creek Wier wall is currently underway and is anticipated to be completed by the end of September. The wall will be lowered from 4ft to 1ft. In addition, Engineering is anticipating to begin the feasibility study in mid- 2025 to determine potential improvement and costs.

June 2024 update: New CIP for FY24/25 has been created with $500,000 budgeted for preliminary feasibility and some subsequent design work, if needed. PW staff is currently in discussions with Planning as we evaluate the Public Services Chapter of the Gateway Plan for development-driven improvements to the storm system. Also, the Wrigley Ford Pump Station weir wall is scheduled to be lowered in September.

February 2024 update: As part of the proposed Fiscal Year 2024-2025 Budget study session on February 22, 2024, staff will be presenting options to conduct a feasibility study to inform what engineering solutions would be required and to determine order of magnitude costs.

November 2023 update: Staff is reviewing the Technical Memo regarding removal of the weir wall at the Wrigley Ford Pump Station.

Once confirmed there would be no adverse impacts to the pump station/trash rack operations, staff will schedule construction to remove the weir wall.

June 2023 update: Staff will continue to explore short-term mitigation as part of the FY 23/24 CIP program. Funds have been budgeted in FY 23/24 for the possible replacement/removal of the flap gate, should that be determined to be a viable option. Furthermore, three very small CIPs to address existing undersized pipes have been identified in the Downtown Specific Plan area which could improve flow. Those will be investigated as well in FY 23/24.

No. Topic Requested By Date
Requested
Requires more
than 4 hours
of additional
staff time
Department / Office Council Priority
Area(s) Status
Additional
Resources/Funding
Needed or Deferral of
Council Approved
Programs

Attachment 1
List of Councilmember Agenda Item Requests
23 Evaluate reopening the childcare center with a non-
profit organization running the center
Montano 2/1/2022 Recreation &
Community Services
Community
Wellness &
Open Space
September 2024 update: Staff resources have been focused on administering the ARPA Childcare Subsidy Program, awarding over $200,000 in childcare support to Milpitas families in need. The After the Bell program launched it's 24-25 school year program with over It is estimated that the multi-department review of the community and sale cracklike centers needed improvements, and associated cost estimates will be available by November.

June 2024 update: Staff is working on creating capacity in the workplan for further analysis on this item. No additional update at this time.

February 2024 update: Staff is working on creating capacity in the workplan for further analysis on this item. No additional update at this time.

November 2023 update: City staff have performed preliminary evaluations of the Sal Cracolice and Milpitas Community Center Facilities.

Based on these preliminary evaluations, significant challenges would likely deter the improvements required to become a licensed childcare facility. However, as a next step, staff will be reaching out to a non profit partner and/or the Santa Clara County Office of Education to receive a third party opinion on staff's preliminary evaluation.

June 2023 update: Staff are currently working on this request, identifying the improvements to the Sal Cracolice Recreation Facility that would be required for a licensed childcare provider to operate in the building.

Prior updates: No additional funds required to complete the internal review. Internal review can be done by late 2023. Approved during Spring Quarterly City Council Workplan Items Prioritization Discussion on 5/03/2022. 24 Have a picture of Albert Vogel Sr. put up in the
Senior Center & Include Maria Lemery on the Mural
in front of the Senior Center
Montano 10/19/2021 &
8/17/2021
Recreation &
Community Services
Community
Wellness &
Open Space
September 2024 update: The contract with the artist has been executed and preferred pictures from the Vogel family and Marie Lemery have been obtained. This project is still on schedule for completion in October 2024.

June 2024 update: Staff is contacting the painting subjects for pictures for the artist to use for the portrait. Staff is also working on the orientation of the new mural panels for symmetry and potential additional subjects to be added. It is estimated that the mural will be finished in October 2024 at the latest.

February 2024 update: Staff is working on developing a contract with an artist for this work.

November 2023 update: At this time, staff is proceeding with the original city council approved names - Maria Lemery and Albert Vogel - to add to the mural. Additional names would require City Council direction.

June 2023 update: The approved CC request included to add Maria Lemery and Albert Vogel to the Mural at the Senior Center. Staff has spoken to the artist and confirmed that additional images would not fit with the existing piece. However, due to the location of the current mural, additional mural panels featuring additional people could be added to the senior center entry way. Staff received interest from Mayor Montano to add Joanne Souza to this request.

Prior updates: No additional funding needed. Need final names from City Council. . Approved to move forward at the 1/11/2022 Council meeting; Staff engaged the artist of the existing mural regarding this Council approved item. 25 Memorial Plaque in honor of youth skateboarder
that passed away
Montano 6/7/2022 Recreation &
Community Services
Community
Wellness &
Open Space
September 2024 update: The dedication plaque is being cast. Staff and the family are working together on a plaque unveiling for early November, around Joseph Bettencourt's birthday
June 2024 update: Staff is working on the plaque wording. Install of the plaque is anticipated in early Fall 2024.

February 2024 update: Staff met with the family of the Skateboarder and is working with them on plaque language.

November 2023: Staff will reach out to the family in Fall to start the process to identify the location and plaque wording.

June 2023 update: This request was approved as part of the FY23-24 Budget. Staff will begin working with the family in Fall 2023.

Prior update: At the January 31 2023 City Council budget hearing, City Council votes to consider this item in the FY 2023-24 budget development. . Item will be brought forward as part of the next City Council additional workplan items prioritization in August/September .

No. Topic Requested By Date
Requested
Requires more
than 4 hours
of additional
staff time
Department / Office Council Priority
Area(s) Status
Additional
Resources/Funding
Needed or Deferral of
Council Approved
Programs

Attachment 1
List of Councilmember Agenda Item Requests
26 Present Quarterly or Monthly crime statistics on the Homekey Project
Chua 6/7/2022 City Manager's Office:

Housing
Neighborhoods
& Housing
September 2024 update: Staff met with the Hillview Stakeholder's group twice in August 2024 and will continue meeting on a regular basis moving forward to work through challenges and collaborate on improving the living conditions for tenants.

June 2024 Update: Police and Fire administrators continue attend monthly public safety planning meetings with the County-OSH, Jamboree, ABODE Services, and the on-site security company to collaborate on the calls for service, monthly statistics, and emerging issues/responses. Additionally, the City hosts a quarterly stakeholder meetings with these same entities as well as the CMO, Mayor/Vice Mayor, Residents, and Business Community members to provide status updates, discuss trends, and address emerging issues including the potential responses to those issues.

February 2024 Update: Staff has continued a regular bi-monthly stakeholders meeting on the Hillview project. The next stakeholder meeting is scheduled for late February 2024.

November 2023 update: In September 2023, the City and project partners began a monthly stakeholder meeting on this topic.

Prior update: Next presentation is scheduled for June 20, 2023 City Council meeting. Quarterly reporting started in August 2022. 27 Staff to look into mural Art on Great Mall Parkway
on the VTA owned Light rail pillars
Montano 11/16/2021 Recreation &
Community Services
Community
Wellness &
Open Space
September 2024 update: In accordance with the City’s Public Art Policy, a Public Arts Selection Committee has been established to identify artists and projects for the project that will install murals on two pillars supporting the VTA Light Rail Line at Great Mall Parkway and McCandless Drive/Fairlane Drive. The release of the project scope to qualified artists is currently on hold while new laws affecting the required certifications and licenses is confirmed. This project is expected to be a $30,000 commission.

June 2024 update: A Public Art Selection Committee has been established and has invited artists to submit design proposals. It is anticipated that the committee will review proposals in late June 2024. Final designs will go through a public response period in mid to late summer.

February 2024 update: Required permits have been obtained by VTA. Marketing for residents and surrounding businesses to serve on the art project stakeholder group.

November 2023 update: Staff are proceeding with this project. Next steps are finalizing the license agreement with the Valley Transportation Authority and outreach to potential artists.

June 2023 update: Staff was able to meet with and get approval from VTA in May 2023. Staff are currently completing the appropriate permits associated with this project for VTA approval. Monies for this project are available in the Public Art Fund.

Prior updates: VTA is not responsive to requests from the City to meet on this project. A discussion on other locations or projects with Council may be needed. . Discussed at Spring Quarterly City Council Workplan Items Prioritization Discussion; Approved at the 5/03/2022 meeting; discussed funding at the 5/10/2022 budget meeting and approved $100,000 of funding for only one site.

Group 4 – items that have been completed, postponed indefinitely, or withdrawn since last City Council update 28 Letter to County regarding horse-riding Chua 5/21/2024 No City Manager's Office Community Wellness &
Open Space
September 2024 update: This item is completed. The letter sent to County on 6/7/2024.

June 2024 update: Staff is working on a letter to the County and expects it to be send by mid June 2024. 29 Adopt a resolution supporting the Build the Future
Santa Clara County (childcare) Campaign
Phan 8/5/2024 No City Manager's Office September 2024 Update: This item is completed. A resolution was approved by the Mayor and City Council on August 20, 2024. 30 Solicitation Ordinance - bring back prior version to council
Barbadillo 8/21/2024 No City Attorney September 2024 Update: This item is completed. On September 3, 2024 the Mayor and City Council adopted an ordinance prepared by the City Attorney's Office.
31 Community Advisory Commission: Change focus to
housing
Chua 4/2/2024 No City Manager's Office:

Housing
Neighborhoods
& Housing
September 2024 Update: This item is completed. On August 13, 2024 the Mayor and City Council approved changing the name of the Community Advisory Commission to the Community Housing Commission.

Yes
32 Explore possibility of naming the County library on
Main Street
Phan 1/23/2024 No Recreation &
Community Services
Community
Wellness &
Open Space
September 2024 Update: This item is completed. On September 3, 2024, the Mayor and City Council adopted the name "Milpitas Jose Esteves Library". However, the funding and installation of the sign on the exterior of the building will be tracked as a separate item moving forward.

June 2024 Update: Staff consulted with Milpitas Library staff that provided the recent example of the Morgan Hill Library, which was renamed in 2021 to incorporate the name of a local official and advocate for library services. Staff will provide an informational report to the City Council regarding the level of work that could be involved in this re-naming for future prioritization consideration.

February 2024 Update: Staff will reach out to the County in February 2024 to determine the process for a potential name change. It is possible that this could turn into a work effort in excess of 4 hours in the future pending the results of this discussion. If it does, staff will bring this item back to council for a discussion regarding prioritization.

Additional funding
likely needed pending
further staff analysis.

No. Topic Requested By Date
Requested
Requires more
than 4 hours
of additional
staff time
Department / Office Council Priority
Area(s) Status
Additional
Resources/Funding
Needed or Deferral of
Council Approved
Programs

Attachment 1
List of Councilmember Agenda Item Requests
33 Staff to complete analysis if, working with the
County, it would be beneficial to have a location
where residents can pickup Narcan (completed)
Chua 9/5/2023 No Fire Public Safety September 2024 Update: Based on current opioid OD statistical trends for Milpitas, staff is confident that there are adequate opportunities for members of the community to access Naloxone. These access points include a mail-in program for residents of Santa Clara County, sponsored by the Santa Clara County Opioid Prevention Project (SCCOOPP). Additionally, the County Public Health website lists several locations throughout the County that readily provide Naloxone to anybody, no questions asked. Lastly, the Milpitas Fire and Police Departments have taken a proactive approach to preventing Opioid ODs through the active deployment of Naloxone on all fire and police vehicles throughout the City. Without doubt, these actions have saved lives throughout the community.

June 2024 update: Info Memo delivered to CMO and Council on March 19, 2024. Fire EMS Division will continue to track community data relative to OD calls and mirror County Health emergency trends and best-practices. Additionally, Fire is updating webpage to include information on how members of the community can safely obtain Narcan from the County. Lastly, Fire will obtain Fentanyl safety and awareness brochures that will be handed out during community events along with traditional fire safety information.

February 2024 update: Fire Staff is developing a informational memo for Council that will provide an update on various programs and actions that can be implemented in the community to minimize the impacts of the Opioid Epidemic. Fire anticipates that the information will be ready to share with Council by March 2024.

November 2023 update: Staff will provide an update on this analysis to the Mayor and City Council by the end of 2023. 34 City Employment Job Fair at City Hall (completed) Chua 5/2/2023 No Human Resources Governance & Administration
September Update: This is complete. Human Resources conducted a recruitment tabling event at a Community Concert in Starlite park In June 2024. City Staff talked with attendees about job opportunities, signed people up for job alerts, and provided department information and give aways. The department will do more of these recruitment activities in the community (partnering with City departments) in the next year. An opportunity with the Library is already being planned.

June 2024 update: Staff will be hosting a table at the June 14th Summer Concert Event (RCS) that will be generally educational and titled "Career with the City of Milpitas" and will also highlight existing or upcoming recruitments.

February 2024 Update: Staff is partnering with Recreation and Community Services to identify 1-2 existing community events this year for HR to host a "Careers with the City of Milpitas" table to share information about open opportunities and education about the mission driven work of our full service City.

November 2023 update: Staff will coordinate with an upcoming community event to staff a table to promote employment opportunities within the City of Milpitas.

June 2023 update: Staff is evaluating synergies with existing Economic Development activities and endeavors to which recruiting efforts can be incorporated and creates space for multiple events throughout the year increasing overall exposure to local talent.

35 Create a compassion fund for Milpitas residents Montano 9/3/2024 Yes City Manager's Office Neighborhoods & Housing
September 2024 update: After further discussions with Mayor Montano prior to the 9/17/2024 City Council meeting, this item was dropped from consideration as the underlying reason it was being raised had been resolved.

No. Topic Requested By Date
Requested
Requires more
than 4 hours
of additional
staff time
Department / Office Council Priority
Area(s) Status
Additional
Resources/Funding
Needed or Deferral of
Council Approved
Programs

City Council Referral
(requires more than 4 hours of staff time)
Category and Topic No. Topic: Requested by:

ORDINANCES AND POLICIES
CC01
Accessory Dwelling Unit Ordinance to
Allow Condominium Conversions
Vice Mayor Evelyn Chua
Lead Department/Office Supporting Department(s)/Office(s) Planning Building Safety and Public Works
Council Priority Areas Estimated Completion Date Estimated Cost $12,000
Funding Needed
Neighborhoods and Housing April 2025
None (staff time only)
Description of Required Work Effort
Assembly Bill (AB) 1033 removes the previous State law prohibition against subdividing and selling an accessory dwelling unit (ADU) as a condominium unit. Local agencies now have the option of adopting a local ordinance to allow ADUs to be sold or conveyed separately from the primary residence to a qualified buyer if certain conditions are met, including lender approval and compliance with the Davis- Stirling Common Interest Development Act and Subdivision Map Act. Adopting such an ordinance would involve the following tasks.

1. Research and analyze AB 1033 and local ordinances of nearby jurisdictions allowing ADU condominium conversions.

2. Hold a Council study session for direction and feedback.

3. Draft an ordinance to amend the Zoning Ordinance to eliminate sale restrictions and expressly allow condominium conversions and sale of ADUs.

4. Prepare staff reports, attachments, and presentations for Planning Commission and City Council adoption hearings.

5. Create a new application type and establish the associated application fee based on anticipated staff time required to process an application.

6. Prepare and publish a comprehensive checklist for ADU condominium conversion applications with detailed information regarding Subdivision Map Act compliance, impact on property taxes, coordination with local utilities, homeowner’s association requirements, and lender subordination.

7. Conduct community outreach to inform and educate homeowners about ADU condominium conversions.

Status Update as of September 2024
Not started.

Council Clarification/Further Direction Requested

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

1. Whether the City Council would like City staff to include a requirement in the ordinance to give a first right of offer for a period of 45 days on publicly accessible databases to buyers indicating an intent to live in the property.

Other Considerations
None.

City Council Referral
(requires more than 4 hours of staff time)
Category and Topic No. Topic: Requested by:

ORDINANCES AND POLICIES
CC02
Explore potential purchase of
additional property on Main Street
Mayor Carmen Montano on
August 13, 2024
Lead Department/Office Supporting Department(s)/Office(s) Economic Development City Manager’s Office
Council Priority Areas Estimated Completion Date Estimated Cost $1.995M
Funding Needed
Economic Development & Job
Growth
To be Determined
$1.995M if paying market
rate
Description of Required Work Effort
At the August 13, 2024, City Council meeting, Mayor Carmen Montano requested that staff investigate a property for sale located at 174-176 South Main Street to investigate the cost and feasibility of creating a museum for downtown or Old Town Main Street as part of the revitalization efforts. There was unanimous consensus by the City Council to add the item to the prioritization list.

Status Update as of September 2024
Office of Economic Development staff contacted the property owner and real estate broker in July and September 2024. As of September 10, 2024, the property is listed online (loopnet.com) at a price of $1,995,000.

The Strategic Property Acquisition Reserve (SPAR) was adopted by the City Council during Fiscal Year 2023 with a $700,000 was allocated as the initial installment of funding. The SPAR is financed through General Fund surpluses as the economy improves.

The SPAR enables the City of Milpitas to strategically acquire and assemble land in the Gateway/Main Street Specific Plan and Milpitas Metro Specific Plan areas to leverage ongoing and long-term revenues and as a revenue generating strategy. The acquisition of properties in key locations within priority development areas will play a critical role in the early operation of the SPAR for site assembly and public/private partnerships. The creation of the SPAR helps to incentivize development of properties to achieve the City’s economic development goals, investment, and growth opportunities.

Council Clarification/Further Direction Requested

1. Is the City Council interested in staff allocating additional time and resources to investigate the cost and feasibility of creating a museum for downtown or Old Town Main Street as part of the revitalization efforts?

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

2. The SPAR was created for leveraging ongoing and long-term revenues and as a revenue generating strategy. Is the City Council expanding the definition and purpose of the SPAR?

Other Considerations
None.

City Council Referral
(requires more than 4 hours of staff time)
Category and Topic No. Topic: Requested by:

ORDINANCES AND POLICIES
CC03
Humane Treatment of Animals Vice Mayor Evelyn Chua
Lead Department/Office Supporting Department(s)/Office(s) CAO Code Enforcement
Council Priority Areas Estimated Completion Date Estimated Cost $10,000 (for ordinance
development, not ongoing
costs)
Funding Needed
Public Safety TBD
None. Can be absorbed by
the current CAO budget.

Description of Required Work Effort
On a one-time basis, this would require the addition of an additional provision to the Humane Treatment of Animals section of the municipal code to add a section regarding the standards for the boarding and treatment of horses and other animals, such as cats, within Milpitas. On an ongoing basis, funding required for this additional ordinance would not be known until after implementation and would depend on the number of cases per year, as discussed further in the “other considerations” section.

Status Update as of September 2024
Has not been prioritized.

Council Clarification/Further Direction Requested
No further clarification necessary.

Other Considerations
Violations of such a prohibition would be prosecuted by the Office of the City Attorney, not the Office of the District Attorney. At current staffing levels, the Office of the City Attorney can prosecute a limited number of violations without additional resources. Additionally, Code Enforcement staffing is currently at capacity. If there are a number of cases and/or if there are highly complex cases, then additional resources (either ongoing or one time) would be needed to assist with enforcement.

Additionally, enforcement of these cases would be on a complaint driven, rather than proactive, basis due to staffing levels.

City Council Referral
(requires more than 4 hours of staff time)
Category and Topic No. Topic: Requested by:

ORDINANCES AND POLICIES
CC04
Rental Assistance Cap Mayor Carmen Montano
Lead Department/Office Supporting Department(s)/Office(s) City Manager – Office of Housing NA
Council Priority Areas Estimated Completion Date Estimated Cost NA
Funding Needed
Neighborhoods and Housing TBD
NA
Description of Required Work Effort
Mayor Montano requested that staff explore the possibility of amending the Rent Relief Program cap from $5,000 per calendar year to $3,500 to allow a greater number of residents access to the program.

The additional work effort would be minimal, however, there could be some noted impacts.

On August 13, 2024, City Council approved an additional $700,000 to the rent relief program. The new funding source of the program will be a grant received through the Fiscal Year 2022-2023 State budget through the Office of Assemblymember Alex Lee. Due to the recent funding source change and Council’s approval of some programmatic changes, staff are working diligently with FORWARD, the City’s rent relief administrator, to update the program guidelines. Any additional programmatic changes would require coordination with FORWARD.

If Council were to lower the $5,000 cap, staff would need further direction on a variety of scenarios, some of which are mentioned below. Additionally, staff would need to create an outreach plan to ensure that residents are aware of a decrease in the maximum rent relief allowed.

Status Update as of September 2024
On September 7, 2021 City Council authorized $950,000 to the City’s Rent and Mortgage Relief program with $85,500 going to program administration and $864,500 towards rent relief. To date, $799,426.40 has been paid out to 227 households. Of the 227 households, 61 received rent relief in both 2023 and 2024 as allowed by the City’s current program guidelines.

Per the analysis staff provided to City Council on August 13, 2024, the average household had a household size of 3, average income of $52,209.43, and received $3,743.41 in rent relief. Staff further analyzed the program data for this report and found that 51% of all recipients received less than $3,500, 44% received between $3,500 and the $5,000 annual cap, and 5% received over $5,000. It should be noted that applicants that received over $5,000 fell into categories that allowed for a rent relief cap exemption . The exemptions were originally approved by Council in October 2019 and have allowed staff the flexibility to grant over $5,000 to recipients for domestic violence relocation and/or child homelessness relief to prevent any child under 18 from living on the street.

City Council Referral
(requires more than 4 hours of staff time)
Staff found that while Zillow estimates an average 2-bedroom rental in Milpitas around $3,500 and a 3- bedroom at $3,900, the rent relief recipients average rental costs can be seen in the table below.

Unit Size Average Cost Average
Household Size
Average
Income
Average Assistance
Amount
1BR $1,983.75 2 $38,148.41 $3,883.99
2BR $2,199.73 3 $50,876.60 $4,146.95
3BR $2,219.75 4 $72,061.12 $4,139.62
The table above demonstrates that the average household typically requires around 2 months of rental assistance. When the average assistance is broken up by household size, we see that for households of 3 or more, the average assistance is higher than $3,500.

The rent relief program is currently on pause due to the success in the initial round of funding and all the funds being used up sooner than anticipated. The City Council action taken on August 13, 2024 allowed the program to continue with the additional $700,000 in funds. Staff is currently working with the contractor, FORWARD, to implement the new program and anticipates this implementation occurring in October 2024.

Council Clarification/Further Direction Requested
If staff receives direction to proceed, further clarification would be helpful in the following areas:

1. There are 112 2024 recipients who applied for rent relief and have not reached their full $5,000 and they may have planned on coming back to the City later in the year. If they are over $3,500 would they still be eligible for $5,000?

2. The City’s rent relief program is currently paused due to receiving enough applications from the original $950,000 funding allotment. Would applicants on the interest list who signed up prior to the programmatic change be eligible to receive up to $5,000, or would there only be allowed $3,500?

3. Currently, the City’s rent relief program allows for cases in need of relocation due to domestic violence or homeless families with children under 18 to exceed the $5,000 cap on a case-by-case basis. Would this still be in existence? Would there be a cap for these situations?

4. If the City’s rent relief program re-launches prior to Council deciding to decrease the maximum amount to $5,000, how should staff proceed with the change? Would it apply immediately to the program regardless of when people applied? Would it be applied to the first full calendar year post the Council’s decision?
Other Considerations

City Council Referral
(requires more than 4 hours of staff time)
None

Attachment 3
List of Completed, Postponed or Withdrawn Items
Group 4 – items that have been completed, deferred, or withdrawn 1 Add Green Bike Lanes Tran, Montano 9/17/2019 N/A Engineering Included in CIP 2 Adopt Resolution similar to County's re:
xenophobia, discrimination
Dominguez 4/21/2020 N/A CMO, CAO Added to the consent calendar and adopted Resolution on 5/5/2020
3 Agendize a Flag Raising for India Independence
Day
Tran 6/14/2022 Recreation Item added to 6/21/2022 Consent Calendar 4 Agendize an update to the Lobbyist Ordinance
for the next meeting
Chua 3/1/2022 City Attorney Discussed at 3/15 City Council Meeting; At the 3/15/2022 Council Meeting, City Attorney was directed to bring back a proposed ordinance amendment for further discussion; Council approved the ordinance on 6/7/2022
5 Amend Accessory Dwelling Units (ADU)
ordinance to address unpermitted ADUs
Chua 1/5/2021 Yes Building Safety & Housing, Planning Safe ADU Legalization Program is launched on 3/24/2022, utilizing ARPA funding. No Ordinance amendment is
necessary.
6 Amend Ordinance to remove affordable
housing in‐lieu fee
Chua 12/15/2020 Yes Building Safety & Housing, CAO Amended Affordable Housing Ordinance adopted on 2/1/2022.
7 Below Market Rate (BMR) units ‐ process for
selecting applicants
Chua 10/19/2021 Yes Building Safety and Housing, CAO Info Memo sent to Council on 1/14/2022 and 3/17/2022. 8 BMR Homes sub‐lease option during COVID‐
19 Chua 1/19/2021 No CAO, Building &
Housing
Info Memo sent on 4/26/2021
9 Bring back a conversation in the budget meeting
to fund “walking beats” in the commercial and
high crime areas
Dominguez 4/5/2022 Police At the 4/5/2022 City Council meeting, this item was discussed and there was direction from Councilmember Dominguez to work with the City Manager to find funding sources
10 Bring back update report & discuss status of
playing fields for girls' softball in Milpitas
Dominguez 10/20/2020 N/A CMO, Recreation Discussed on 02/11/2021, amended JUA for Russell approved on 6/15/2021
11 Celebrate Mexican Independence Day
annually on September 16
Montano 6/2/2020 N/A Recreation Approved on consent 8/18/2020 12 City to highlight mental health resources on the
website
Dominguez 8/17/2021 Recreation Staff will issue an email this week (week of 7/25) 13 Community Theatre, perhaps with MUSD Nuñez, Phan 8/20/2019 N/A Recreation, CMO Discussed @ CIP Study Session on 4/14/2020; councilmembers asked outdoor amphitheater to be placed into the tail end of 5 year CIP
14 Community Workforce Agreement (PLA) Phan 2/18/2020 Yes CMO, CAO, Engineering
Council voted to remove this item from the list on 2/02/2021 per CM Phan's
request
15 Consider "Old Town" Main St. revitalization,
funding, economic dev., improve area
Montano 12/15/2020 Yes CMO, Planning, Engineering, Finance Council provided direction to move forward with revitalization efforts on May 11, 2021. Staff is working on various items related to revitalization and have provided subsequent
updates to the Council in October and to the Main Street Revitalization Subcommittee in September and November.
16 Consider adding state certification NEC for
electrical work done in the City (safety)
Dominguez 6/30/2020 N/A Building & Housing Not needed, staff is certified 17 Consider change in Commission structure,
on term limits
Tran 12/15/2020 N/A Recreation, CMO Completed on 1/19/2021

Attachment 3
List of Completed, Postponed or Withdrawn Items
18 Consider change in term limits for Mayor +
Councilmembers
Montano 6/16/2020 City Attorney, City Manager 8/4/2020: Voted 3 ‐2 to pursue; 2/02/2021 to agendize for a future meeting; 3/16/2021 voted 3‐1‐1 to move forward.

Scheduled for 3/15/2022; rescheduled for 4/05/2022;
4/05/2022 could gave direction to move forward with
Councilmember term limits and discuss the Mayoral seat at a later date; Discussed at the 5/10/2022 budget meeting and had a consensus not want to move forward with a ballot
measure for the Mayor term limit; Councilmember term limits scheduled for June 7; Scheduled for June 21 meeting
19 Consider Community Museum and Park on
Main St.

Phan 8/20/2019 N/A CMO To be considered as part of Specific Plan process 20 Consider expanding the Fee Waiver Policy
eligibility to non‐profit organizations outside of
Milpitas but the events are specific to Milpitas
residents
Chua 3/15/2022 Recreation Council approved the policy revision at the June 21 2022 City Council meeting.
21 Consider funding to implement and create a
homelessness encampment response team to
be dispatched to encampment sites to address
concerns, talked about creating a position to
provide mental health assistance, and would
like this to be brought back for discussion at the
budget meeting
Dominguez 3/15/2022 City Manager, Public Safety, Recreation, Public Works
Direction from Council to bring forward as part of FY 22‐23 budget discussion; at the May 10 Budget Study Session Council did not direct to do any further work on this item.
22 Consider naming "Milpitas Hills" Dominguez 10/20/2020 Yes Econ. Dev. Deferred indefinitely on 2/02/2021; did not receive a majority vote from 2/02/2021 council meeting
23 Consider rescinding direction given on 1355
California Circle project and allow the
project application to move forward without
being tied to a specific plan (Original request
was for item to be placed on November 2
agenda)
Chua 10/19/2021 Planning, CAO Staff is working with the developer on options to move the project forward.
24 Consider satellite consular offices (post
Covid)
Montano 6/2/2020 Yes CMO Deferred indefinitely per VM Montano's request on 2/02/2021 council meeting
25 Create an “Incentive Corner,” which will be
a sub‐page with links to different freebies,
grants, and incentives from the City and the
regions, including the Water District and
Silicon Valley Clean Energy
Chua 8/17/2021 No Information Technology, Public Works "Incentive Corner" webpage is live on the City's website.

Banner posted on 3/28/2022.
26 Designate the California Oak Tree as the City’s
official heritage tree
Montano 2/1/2022 Recreation Council approved at the 6/7/2022 meeting. 27 Discuss a "safety first" or other event in lieu
of National Night Out (per CAC)
Phan 10/20/2020 Yes Building & Housing, Police Remove from the list per CM Phan's request on 2/02/2021 council meeting
28 Discuss budget reductions in next FY with
input from residents, employees
Nuñez 10/6/2020 N/A Finance, CMO On 10/20/2020, to 11/10, 11/17 29 Discuss having 4th of July parade Nuñez 2/18/2020 N/A Recreation No longer under discussion 30 Discuss potential litigation ‐ re: govts' action
on Jamboree‐Project Homekey
Tran 10/6/2020 N/A Building & Housing, CMO, CAO Multiple Closed Sessions ‐ Oct. 2020 31 Discussion in the next fiscal year, to have a
sliding scale permitting program for seniors and
low‐income residence for necessary safety
renovations
Tran 5/4/2021 Building Safety & Housing, Planning 8/09/2021 Council voted 5‐0 to move this item forward and modify the existing Milpitas Assistance Program to include seniors; MAP continues to be available for low income seniors and sufficient funding was budgeted for FY 2022‐23.

Group 4 – items that have been completed, deferred, or withdrawn

Attachment 3
List of Completed, Postponed or Withdrawn Items
32 Discussion of campaign finance reform
and/or Open Government Ordinance
Phan 6/30/2020 N/A City Clerk, CAO Withdrawn @ 8/4/2020 CC meeting 33 Discussion of Minute Man as City's image,
when City branding comes back
Phan 8/18/2020 N/A CMO Staff and consultant presented the item on 5/4/2021, due to the late hour it was deferred to a future meeting. Council provided input that the Minute Man discussion will not be pursued further.
34 Discussion on possible tax measures Tran, Phan 4/21/2020 N/A Finance Done on 5/15/2020 35 Discussion to reduce the City’s Senior Center
facilities deposit
Montano 5/4/2021 Recreation, Finance 8/09/2021 Council voted 5‐0 to refer this item as part of the development of the FY 2022‐23 Master Fee Schedule; Council approved the item on 4/19 as part of the adoption of the Master Fee Schedule
36 Discussion/staff report on Beautify Milpitas,
graffiti
abatement, resources
Montano 6/30/2020 Yes CMO, PW City Council approved the Beautify Milpitas program on June 1, 2021
37 Donate old, obsolete, noncompliance items
from the Fire Department to Sister City
Dagupan Philippines
Chua 8/9/2021 Yes Fire, CAO, Finance Council approved the resolution for donations of personal protective equipment on March 1, 2022 and staff
implemented the program by the end of March.
38 Economic Development Corporation (EDC) Montano 12/15/2020, 01/05/2021,
01/19/2021,
01/26/2021
Yes CMO, Econ. Dev. Deferred on 4/20/2021
39 Emergency item for next agenda: extend
tenant eviction protections
Dominguez 6/16/2020 N/A Building & Housing, CAO Withdrawn, covered by other govt 40 Emergency request to cap rents on small
businesses (tenants) in Milpitas
Dominguez 10/6/2020 N/A Econ. Dev., CAO On 12/01/20. Not supported 41 Establish "ADU Mondays" Chua 1/5/2021 No Building & Housing, Planning
Launched in March 2021
42 Establish a Day Worker Program Montano 6/16/2020 Yes CMO Mayor & Vice Mayor to brainstorm in future; Council voted to remove this item from the list on 2/02/2021 per VM
Montano's request
43 Establish Milpitas coronavirus testing site Phan 4/7/2020 N/A FCMO, Fire, CAO Completed 44 Expedite process for Measure F Oversight
Committee
Chua 12/15/2020 N/A Finance Staff explained planned process, appts. were approved by Council in March 2021
45 Explore a lease for the vacant land adjacent
to the Library for City use
Tran 1/18/2022 City Manager, Economic Development, City Attorney
February 2023 update: At the January 31, 2023 City Council Budget Study Session staff was directed to drop this item from the priority list.
46 Explore increasing the
Conferences/Meetings/Memberships allowance
for each Councilmember to $10,000
Chua 5/17/2022 City Manager On 6/07/22, City Council did not approve increasing the allowance as part of the adoption of the FY 2022‐23 Budget; however, Council provided direction to review funding need as part of the FY 2022‐23 mid‐year budget review.
47 Extend the outdoor dining options through
March of next year
Phan 9/21/2021 No Planning Planning Director to provide information on current outdoor dining extension
48 Fee waiver for the Chamber of Commerce
for either the Oktoberfest or Arts and wine
Festival
Montano 3/1/2022 Yes Recreation Staff reached out to the Chamber of Commerce. The Chamber may seek a fee waiver next fiscal year.
49 Fee waiver for the Christian Worship
Center's Easter Egg Hunt event
Tran 3/1/2022 Recreation The City Council approved a fee waiver for this event on April 5, 2022.
50 Fee waiver for the Filipino American South Bay
Community to hold pop‐up resource fair at a
City Park
Dominguez 3/1/2022 Recreation Staff engaged organizers of the event; event was held on June 19; organizers did not request a fee waiver.

Group 4 – items that have been completed, deferred, or withdrawn

Attachment 3
List of Completed, Postponed or Withdrawn Items
51 Fee waiver for the Kiwanis Annual Crab Feed
event
Tran 3/1/2022 Recreation Approved at the 3/15/2022 Council Meeting 52 Form "Beautify Milpitas" subcommittee ‐ for
a future Task Force or Commission
Chua 12/15/2020 Yes CMO, PW Council approved the Beautify Milpitas program on June 1, 2021. No subcommittee to be formed.
53 Form a Historical Commission Montano 6/2/2020 N/A Recreation, CMO Already part of PRCRC. Commission discussed on 01‐05‐ 2021, no change
54 Form a Homelessness Task Force Tran 12/15/2020 N/A CMO Approved by Council on 1/5/21 55 Guide small businesses on ADA (Americans
with Disabilities Act) requirements due to
the quick changes made to facilities during
the pandemic
Chua 8/5/2021 No Economic Development SVEDA/SV Joint Venture hosted the “SV Small Businesses & ADA Compliance” webinar on 11/3/21. Several Milpitas
business reps, & staff from Econ. Dev. & Building participated.

Staff met with reps from CA Comm. on Disability Access to discuss business education & outreach.
56 Host a Townhall at City Hall in January,
February, and March for the community to
share comments about the issue of the
unhoused
Tran 11/2/2021 Yes CMO, CAO, Police, Public Works Deferred by Mayor Tran because of public health status 57 Illegal dumping Phan 10/5/2021 Yes Public Works Info Memo sent to Council on 2/25/2022 58 Incorporate a Press Release Policy (if there is
an existing policy) in the City Council
Handbook
Tran 8/17/2021 Yes CMO, CAO The City Council Handbook was adopted at the Jan. 11, 2022 City Council meeting.
59 Increase number of commission members
from seven to nine on the Parks, Recreation
and Cultural Resources Commission
Montano 10/5/2021 Yes CMO, Recreation, City Clerk Council approved Bylaw changes at the April 19 Council meeting
60 Increase the City's rebate program to match
Valley Water's two dollars rebate increase
and look into expanding the "Lawn Buster"
program to more residents based on income
Chua 6/15/2021 Yes Public Works On October 19, 2021, the Council approved a contract amendment with the Santa Clara Valley Water District
(District) to match the District's rebate amount and to authorize the City to manage the "Lawn Buster" program with "Our City Forest" on behalf of the District. On December 14, 2021, Council approved a contract with "Our City Forest." 61 Increase the number of local businesses
doing business with the City
Chua 4/6/2021 Yes CMO, Economic Development, Finance At 8/9/2021 Council meeting, Council voted that this item may have to come back for additional discussion because there may be some legal considerations.
62 Info. on new SB 50 (housing, transit bill) Phan 1/7/2020 N/A Building & Housing Sent memo to City Council 63 Job fair with 20 local businesses to be held
soon and an additional one in the fall with
the Chamber taking a larger role and the
City providing some support
Chua 6/1/2021 Yes Economic Development
64 Letter from City Council opposing AB 2181
(Berman) regarding VTA's Board Composition
Tran 6/7/2022 City Manager Per the email sent to Council on 6/17/2022, consistent with the Council approved Legislative Advocacy Policy, Mayor Tran signed a letter opposing the legislation unless amended.
65 List of city charges/costs that could be
waived for small businesses
Dominguez 6/16/2020 N/A Finance, Econ. Dev. 6/30/2020 info memo 66 Local Boy Scouts Fee Waiver for Eagle Scout
Ceremony
Tran 6/7/2022 Recreation Fee waiver was approved on September 20, 2022. 67 Look into allowing outdoor music and would like
the ordinance brought back to Council.

Montano 8/5/2021 Planning Zoning Ordinance Text Amendment adopted 08/16/2022 Group 4 – items that have been completed, deferred, or withdrawn

Attachment 3
List of Completed, Postponed or Withdrawn Items
68 Look into how the City can be a resource for
small businesses to help guide them on what to
do in terms of ADA (Americans with Disabilities
Act) requirements due to the quick changes
made to facilities during the pandemic
Chua 8/5/2021 Economic Development SVEDA/SV Joint Venture hosted the “SV Small Businesses & ADA Compliance” webinar on 11/3/21. Several Milpitas business reps, & staff from Econ. Dev. & Building participated. Staff met with reps from CA Comm. on Disability Access to discuss business education & outreach.
69 Look into reducing rates for the seniors and
low‐income families for Sports Center
activities
Montano 2/1/2022 Yes Recreation, Finance The FY2021‐22 Adopted Fee Schedule includes discounted membership and fitness passes for Seniors; low‐income
families can apply for membership and fitness pass discounts through the Milpitas Assistance Program
70 Maintain Dagupan, P.I. as a Sister City Tran, Montano 9/17/2019 N/A CMO Approved the renewed MOU continuing the Sister City relationship on 12/17/2019
71 Mayor shall recommend a Milpitas resident
to serve on VTA Bike Committee
Dominguez 11/17/2020 N/A Engineering 12/15/20: resident Kristal Caidoy appointed to VTA BPAC 72 Memorialize those that have passed due to
COVID‐19 in Milpitas
Dominguez 3/2/2021 Yes CMO, Recreation At 8/9/2021, Council provided input that COVID‐19 had not yet passed and that the discussion about a memorial should be had at a future time.
73 Mini‐libraries in the low‐income areas of the
City
Montano 4/20/2021 Yes Planning, Recreation Discussed on 8/9/2021, staff to follow up with Vice Mayor Montano on specific vision. Staff met with the Vice Mayor. The City will continue to facilitate libraries as needed but will not take a lead role in funding or operating them.
74 No on possible ban on vaping, yes on
restricting smoking in multi‐unit bldgs
Montano 1/7/2020 Yes Planning, Recreation, CAO Ordinance for multi‐unit buildings adopted on 6/15/2021 75 Opportunity to share ideas for US census &
on City "sponsored" events
Dominguez 9/1/2020 N/A CMO 12/01: remove census topic, move events to CC retreat 2021; at 1/12 retreat Council direction to cease
76 Ordinance to ban vaping in the City Montano 12/15/2020 Planning Study session with Council held 6/21/2022. Tobacco Retail Permitting program has been drafted, but there are unresolved issues with enforcement by Santa Clara County.
77 Outreach to notify the community of the
trash voucher program
Chua 9/7/2021 No Public Works Staff provided an Information Memorandum regarding the pilot program on April 6, 2022.
78 Parade for MHS Trojans Football Tran, City Manager 1/21/2020 N/A Council Completed 1/28/2020 79 Partner with the Rotary Club of Silicon
Andhra to promote the stem cell donor
outreach with a webinar and campaign to
help increase the number of donors
Chua 8/17/2021 Recreation Staff will include the stem cell donor information in regularly scheduled wellness event
80 Performance Evaluation (Contract) of City
Attorney
Tran 1/5/2021 N/A Council, CAO Multiple Council closed session discussions held. Council voted to move to a full time in‐house City Attorney on 6/21,
additional direction on next steps to be provided to staff in August.
81 PG&E power outage plan presentation to
Council
Tran 1/19/2021 No CMO Presented to Council on 3/16/2021 Group 4 – items that have been completed, deferred, or withdrawn

Attachment 3
List of Completed, Postponed or Withdrawn Items
82 Plan to put utility fines into a fund to help
small businesses in the City
Montano 12/15/2020 N/A Finance Directed staff on 2/02/2021 to approve policy recommendations temporarily suspending penalties for
delinquent fire permit fees, and delay or waive business lic. tax collections but no direction to create a separate fund. On 2/16/2021 Council approved waiving business license penalty between Jan 1 ‐ May 31, 2021. Also, the utility late fee and water shut off have been suspended consistent with State Emergency Order (through Sept 31, 2021). Also, Council
allocated ARPA funds to assist small businesses.
83 Policy for Proclamations and
Commendations
Nuñez, Phan 8/20/2019 N/A CMO Withdrawn 6/2/2020
84 Policy for Social Media Nuñez, Phan 8/20/2019 N/A CMO, CAO Withdrawn 6/2/2020; policy already approved by Council 85 Pollination protection Dominguez 1/5/2021 Yes CMO Deferred on 2/02/2021; did not receive a majority vote on 2/02/2021 council meeting
86 Postponement (not waiver) of penalties
related to City business fees
Tran 1/5/2021 N/A Finance On 2/16/2021 Council approved waiving penalties until May

31. The suspension of penalties is now no longer in effect. 87 Prepare a report on ghost guns; engage in
legislative advocacy regarding ghost guns;
and incentivize ghost gun buybacks at the
May buyback event.

Dominguez
Tran
4/5/2022 Police An Information Memorandum was distributed on August 12, 2022.
88 Prepare Vision Zero Action Plan Tran 6/7/2022 Engineering, Police February 2023 update: At the January 31, 2023 City Council budget hearing, the City Council supported staff's
recommendation to drop this item from the priority list due to the expense of the study as well as the fact that many traffic safety initiatives and projects are already underway in the City of Milpitas.
89 Proclaim Saturday, March 19, 2022 as Chez
the Ice Cream Man Appreciation Day
Tran 3/1/2022 No City Clerk Proclaimed at the 3/15/2022 Council Meeting 90 Proclamation and support for face coverings Montano 4/7/2020 N/A CMO, CAO 4/21/2020. CC directed City Manager to issue regs 91 Propose building height limits in area east of
Milpitas Blvd.

Tran 12/15/2020 Yes Planning City Council adopted Zoning Ordinance amendment to limit bldg heights in commercial areas adjacent to low‐density residential area, including east of Milpitas Blvd. on
10/04/2022.
92 Provide Commissioners appreciation gifts Chua 10/19/2021 Yes CMO, Finance Staff placed the order of fleece jackets the week of March 14th. Depending on the stock, the appreciation gifts will be distributed during the first two weeks in April 2022.
93 Read "Code of Conduct" aloud prior to each
City Council meeting
Montano 6/2/2020 N/A CAO Approved 8/18/2020. City Attorney began this practice 9/01/20
94 Reduce the City’s Senior Center facilities
deposit for the Auditorium/Community
Room
Montano 5/4/2021 Yes Recreation, Finance Council approved the reduction of the facilities deposit as part of the adoption of the FY 2022‐23 Master Fee Schedule
Resolution. Will be brought forward on 4/19 as part of Master Fee Schedule discussion.
95 Reduce the park rental fees for the Samuel
Ayer High School reunion
Montano 2/1/2022 No Recreation Approved at 3/15/2022 Council meeting. Info Memo on City Council Policy on Fee Waivers & Reductions was sent out on 3/8/2022
Group 4 – items that have been completed, deferred, or withdrawn

Attachment 3
List of Completed, Postponed or Withdrawn Items
96 Rename Augustine Park to include
"Sunnyhills"
Tran, Montano 9/17/2019 N/A Recreation Approved on 2/4/2020 97 Rename portion of Dixon Landing Rd., as
Barack Obama Boulevard
Nuñez, Phan 8/20/2019 N/A Planning, CMO Deferred indefinitely 98 Report from staff on 2nd federal stimulus
package ‐ action plan on funds
Chua 12/15/2020 N/A CMO, Finance Info Memo sent to Council on 12/23/2020 99 Report on parking in The Pines Nuñez 1/7/2020 N/A Engineering 2/18/2020 100 Report on speed cameras like Fremont
(radar displays) ‐ no enforcement
Phan 1/7/2020 N/A Police 1/28/2020, 3/24/2020, 4/14/2020 101 Request for Dumpster Days Tran 1/7/2020 N/A PW Program initiated in Spring 2021 102 Requested a meeting for the subcommittee
for the Old Town Main Street be scheduled
next month
Montano 1/18/2022 No CMO The Subcommittee meeting was held on April 12 at 4:30pm. 103 Requested an agenda item on November 2
Council meeting allowing the Council to rescind
direction given to 1355 California Circle and
include direction to allow the project
application to move forward without being tied
to a specific plan
Chua 10/19/2021 Planning At the 1/18/2022 council meeting, Council voted 4‐1 to rescind the direction and direct staff and the application to explore option one in the presentation to amend the General Plan and remove Council policy for the preparation of a Specific Plan
104 Requested discussion and for staff to look at
creating a pilot project to accommodate
pickleball at Peter Gill Park and would like a
feasibility study with a goal of making these
courts multi‐purpose
Chua 11/16/2021
1/18/2022
Yes CMO, Recreation, Engineering, Public Works City Council approved the pilot on 3/15/2022 105 Requested staff work with the Vice Mayor and
Mayor to explore and discuss building height
limits near the hillside by January 2022
Tran 9/21/2021 Planning Second reading of draft Zoning Ordinance scheduled for 08/16/2022
106 Requested that staff study the placement of
a City sign for the Milpitas Police
Department and explore the cost of a new
sign
Dominguez 1/18/2022 Public Works, Police Lighted signage for the Police Department and Public Works and IT was installed and completed the week of January 24th 2023. Landscaping was completed in the Summer of 2022.

This item is completed.
107 Requested that the City have mini‐libraries
in the low‐income areas of the City.

Montano 4/20/2021 Planning 8/09/2021 Council voted 3‐1‐1 to move this item forward, staff to follow up with Vice Mayor Montano on specific vision.

Staff met with the Vice Mayor. The City will continue to facilitate libraries as needed but will not take a lead role in funding or operating them.
108 Requested the City Attorney’s office explore
encampment ordinances form the City of
Oakland, Los Angeles, or other regional
cities and would like a discussion on the
existing policies to be brought back before
the July recess.

Tran 2/15/2022 City Attorney 4/19/2022 direct the City Attorney to make the recommended changes to the Municipal Code to remove and prohibit
property in public; the City Attorney will bring forward an ordinance in September 2022.
109 Requested the City create a youth
scholarship fund for under privileged kids to
play sports
Montano 5/17/2022 Recreation As part of the adoption of the FY 2022‐23 Budget, the City Council allocated $20,000 for this program. Staff will bring forward a policy framework for this program for Council approval in September 2022.

Group 4 – items that have been completed, deferred, or withdrawn

Attachment 3
List of Completed, Postponed or Withdrawn Items
110 Requested the City extend the outdoor
dining options through March of next year
Phan 9/21/2021 Planning Emergency Outdoor Dining program extended. Draft zoning ordinance with standards for permanent outdoor dining
prepared and now under review. Planning expects bring
forward draft ordinance for PC and Council consideration before the end of 2022.
111 Require implicit bias training for City
Council, Commissioners & staff
Dominguez 6/16/2020 N/A Human Resources This item has been completed. The training was held on January 7, 2022 (for City Council) and various dates for staff.

Training information was also sent to all Commissioners. 112 Resolution in support of elimination of
discrimination v. women
Dominguez 1/7/2020 N/A CMO, CAO 5/19/2020 Reso. Adopted 8/04/2020 Ord. adopted Group 4 – items that have been completed, deferred, or withdrawn