Regular Meeting Agenda
City Council
Rich Constantine - Mayor
Gino Borgioli - Mayor Pro Tem
John McKay - Council Member
Yvonne Martinez Beltran - Council Member
Rene Spring - Council Member
Wednesday, June 1, 2022 7:00 PM
Virtual Meeting
Link to join the meeting can be found below
VIRTUAL MEETING GUIDELINES AND PUBLIC COMMENT
In accordance with Executive Order N-25-20 and guidance from the California Department of Public Health on gatherings, remote public participation is allowed.
Physical meetings will not be in the City Council Chamber until further notice.
City Council meetings will be live-streamed on Channel 17, on the City’s website, and on the City’s Facebook page. Those members of the community that would like to participate in the meetings remotely may do so by joining the virtual meeting at:
https://bit.ly/MHCityCouncilMeeting or by calling (669) 900-9128, then enter the webinar id: 873 3200 8380#.
Public comment may be provided in the following ways:
Join the virtual City Council meeting via the link above, when public comment is opened, raise your virtual hand and be called upon to speak for up to 3 minutes (YOU MUST BE RUNNING THE MOST CURRENT VERSION OF ZOOM TO BE
UNMUTED)
Join the virtual meeting by calling the number above, dial *9 to raise your hand, and be called upon to speak for up to 3 minutes
Send public comments in writing to the City Clerk at
[email protected]
* Please note that comments made on Facebook are not considered public comment.
June 1, 2022
2 CALL TO ORDER
ROLL CALL ATTENDANCE
DECLARATION OF POSTING AGENDA
PROCLAMATIONS
Proclaiming the month of June 2022 as Pride Month
CITY COUNCIL REPORTS
Council Member Martinez Beltran
CITY MANAGER'S REPORT
Introduction of new Teammates
CITY ATTORNEY'S REPORT
OTHER REPORTS
PUBLIC COMMENT
This opportunity for public comment is for items that are not on the agenda. If you would like to make comments on an item that is on the agenda, please wait until we get to that item to offer your comments. Members of the public are entitled to address the City Council concerning any item within the Morgan Hill City Council’s subject matter jurisdiction. Public comments are limited to no more than three minutes. Except for certain specific exceptions, the City Council is prohibited from discussing or taking action on any item not appearing on the posted agenda. Public comment is intended for comments. Questions posed during public comment are not generally answered. If you have questions, please send them to the City Clerk at
[email protected] to receive a response. (See additional noticing at the end of this agenda)
Public Comment Supplement
ADOPTION OF AGENDA
June 1, 2022
3 CONSENT CALENDAR
Items appearing on the Consent Calendar are considered routine and may be approved by one motion. Pursuant to City Council Policies and Procedures (CP 97-01), any member of the Council or public may request to have an item removed from the Consent Calendar for comment and action.
Time Estimate for Consent Calendar: 1 - 10 Minutes
1. APPROVE FIRST AMENDMENT TO THE JOINT VENTURE SILICON VALLEY
CONSULTANT AGREEMENT FOR THE COUNTYWIDE SOLID WASTE
PROGRAM
Recommendation:
1. Approve the first amendment to the consultant agreement with Joint Venture Silicon Valley to add Inspection Program services for $100,000 and remove $50,000 in extra services for a revised total contract amount of $350,000; and
2. Authorize the City Manager to execute and administer the first amendment to the consultant agreement with Joint Venture Silicon Valley.
2. APPROVE AMENDMENTS TO IMPACT FEE FREEZE POLICY
Recommendation:
Accept Impact Fee Freeze Program update and amend the Impact Fee Freeze Policy to use the current fiscal year fee schedule at the time the agreement is executed.
3. APPROVE THE FOURTH AMENDMENT TO THE LEASE AGREEMENT OF EL
TORO BUILDING WITH COMMUNITY CHRISTIAN
Recommendation:
Authorize the City Manager to execute a lease amendment with Community Christian for the use of the El Toro Building.
4. APPROVE THE MAY 18, 2022 CITY COUNCIL MEETING MINUTES Recommendation:
Approve the May 18, 2022 City Council Meeting Minutes.
5. AUTHORIZE THE CITY MANAGER TO EXECUTE MAINTENANCE
AGREEMENTS WITH THE COUNTY OF SANTA CLARA FOR TRAFFIC
SAFETY IMPROVEMENTS AT MIDDLE AVENUE AT THE WEST LITTLE
LLAGAS CREEK TRAIL, WATSONVILLE ROAD AT THE WEST LITTLE
LLAGAS CREEK TRAIL, AND DEWITT AVENUE/SPRING AVENUE
INTERSECTION
Recommendation:
June 1, 2022
4 Authorize the City Manager to execute Maintenance Agreements with the County of Santa Clara, following approval by the City Attorney, for traffic safety improvements at Middle Avenue at the West Little Llagas Creek Trail, Watsonville Road at the West Little Llagas Creek Trail, and DeWitt Avenue/Spring Avenue Intersection.
6. AUTHORIZE THE PURCHASE OF VARIOUS FIRE DEPARTMENT
EQUIPMENT INCLUDING ONGOING MAINTENANCE IN THE AMOUNT OF $325,229
Recommendation:
1. Approve the purchase of 25 Self Contained Breathing Apparatus (SCBA) systems, 33 additional SCBA cylinders, and 5 Rapid Intervention Team (RIT) packs, from AllStar Fire Equipment for $201,553;
2. Approve the purchase of three LIFEPAK 15 V4 Monitor/Defibrillators with accessories and nine spare batteries from Stryker for $104,031;
3. Approve a four-year service agreement with Stryker for the ongoing maintenance of three new LIFEPACK 15 V4 Monitor/Defibrillators for $19,645; and
4. Authorize the City Manager to execute associated purchase documents.
7. AWARD 2022 PAVEMENT REHABILITATION PROJECT TO A.TEICHERT & SON, INC. DBA TEICHERT CONSTRUCTION
Recommendation:
1. Approve 2022 Pavement Rehabilitation Project plans and specifications;
2. Award contract to A. Teichert & Son, Inc. dba Teichert Construction for the 2022 Pavement Rehabilitation Project in the amount of $3,879,053;
3. Authorize expenditure of construction contingency not to exceed $387,906; and
4. Authorize the City Manager to execute and administer the construction contract with A. Teichert & Son, Inc. dba Teichert Construction contingent on the adoption of the Fiscal Year 2022-23 Budget.
8. AWARD A TWO-YEAR TRAFFIC STRIPING, SIGNING, AND PAVEMENT
MARKINGS MAINTENANCE AGREEMENT TO CHRISP COMPANY IN THE AMOUNT OF $200,000
Recommendation:
1. Award a two-year contract to Chrisp Company in the amount of $200,000; and
2. Authorize the City Manager to execute and administer the Maintenance Service Agreement with Chrisp Company.
June 1, 2022
5 9. RATIFY CITY POSITION ON PENDING LEGISLATION, ASSEMBLY BILL 2181 (BERMAN) SANTA CLARA VALLEY TRANSPORTATION AUTHORITY:
BOARD OF DIRECTORS
Recommendation:
Ratify the City’s position on pending legislation, Assembly Bill 2181.
OTHER BUSINESS
10. APPROVE THE HOTEL STRATEGY AND INCENTIVE POLICY TO SUPPORT
NEW HOTEL DEVELOPMENT AND REHABILITATION OF EXISTING HOTELS Recommendation:
Approve the Hotel Strategy and Incentive Policy to support New Hotel Development and rehabilitation of Existing Hotels.
PUBLIC HEARINGS
11. ADOPT RESOLUTION ORDERING ANNUAL ASSESSMENTS AND RELATED
ACTIONS FOR CITY OF MORGAN HILL LANDSCAPE ASSESSMENT
DISTRICT NUMBER 1
Recommendation:
1. Open and close the Public Hearing; and
2. Adopt resolution confirming Fiscal Year (FY) 2022-23 annual assessments and ordering the levy of assessments for the District.
12. HOLD PUBLIC HEARING REGARDING REVISIONS TO WATER RATE
ADJUSTMENTS
Recommendation:
1. Receive and adopt final 2022 Water Rate Study Report prepared by NBS;
2. Open public hearing and receive public comment;
3. Request submission or withdrawal of proposition 218 protest letters from the public/audience;
4. Suspend public hearing and allow City Clerk, or designee, to tabulate final Proposition 218 protest letter count;
5. Reconvene meeting and reopen public hearing;
6. Receive and accept verbal report from City Clerk, or designee, on ballot tabulation results;
7. Close public hearing; and
8. Adopt resolution approving water rate adjustments.
June 1, 2022
6 FUTURE COUNCIL INITIATED AGENDA ITEMS
Note: in accordance with Government Code Section 54954.2(a), there shall be no discussion, debate and/or action taken on any request other than providing direction to staff to place the matter of business on a future agenda.
ADJOURNMENT
June 1, 2022
7 NOTICE
Any documents produced by the City and distributed to the majority of the City Council less than 72 hours prior to an open meeting, will be made available for public inspection at the City Clerk’s Counter at City Hall located at 17575 Peak Avenue, Morgan Hill, CA, 95037 and at the Morgan Hill Public Library located at 660 West Main Avenue, Morgan Hill, California, 95037 during normal business hours. (Pursuant to Government Code 54957.5)
PUBLIC COMMENT
Members of the Public are entitled to directly address the City Council concerning any item that is described in the notice of this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in the foyer of the Council Chambers and deliver it to the Minutes Clerk prior to discussion of the item. You are not required to give your name on the speaker card in order to speak to the Council, but it is very helpful.
When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item of interest to the public, you may do so during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less.
Please submit written correspondence to the Minutes Clerk, who will distribute correspondence to the City Council.
Persons interested in proposing an item for the City Council agenda should contact a member of the City Council who may plan an item on the agenda for a future City Council meeting. Should your comments require Council action, your request may be placed on the next appropriate agenda. Council discussion or action may not be taken until your item appears on an agenda. This procedure is in compliance with the California Public Meeting Law (Brown Act) Government Code §54950.
City Council Policies and Procedures (CP 03-01) outlines the procedure for the conduct of public hearings. Notice is given, pursuant to Government Code Section 65009, that any challenge of Public Hearing Agenda items in court, may be limited to raising only those issues raised by you or on your behalf at the Public Hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to the Public Hearing on these matters.
The time within which judicial review must be sought of the action by the City Council, which acted upon any matter appearing on this agenda is governed by the provisions of Section 1094.6 of the California Code of Civil Procedure.
For a copy of City Council Policies and Procedures CP 97-01, please contact the City Clerk’s office (408) 779-7259, (408) 779-3117 (fax) or by email [email protected].
AMERICANS WITH DISABILITIES ACT (ADA)
In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a disability-related modification or accommodation to participate in this meeting, please contact the City Clerk's Office at (408)779-7259, (408)779-3117 (fax) or by email [email protected]. Requests must be made as early as possible and at least two-full business days before the start of the meeting.
June 1, 2022
8
From: Christina Turner
Sent: Thursday, May 26, 2022 8:42 PM
To: Shraddha Chaugule <[email protected]>
Subject: RE: [EXTERNAL] Public comment - June City Council Meeting Good evening – I wanted to share with you information regarding wild pigs:
The Police Department was contacted about this issue in September 2021. The original inquirer decided not to pursue this neighborhood’s request for a depredation permit as he could not identify a safe location on site to dispatch the wild pigs.
Wild pigs are a reoccurring problem throughout the city especially for houses near open space. This problem is decades old as you can see with the newspaper articles from San Jose to Hollister below. San Jose Council also took up this issue, October 27, 2020, of allowing licensed trappers to take out groups of wild swine, also known as sounders, by crossbow and voted it down. In City limits, a local depredation permit is needed from the Chief of Police as well as a depredation permit from the California Department of Fish and Wildlife. Due to the safety concerns of issuing these types of permits in populated neighborhoods it is best practice to follow the guidelines set forth in the newspaper articles referenced below: such as erecting fences, using pesticides in laws, fastening chicken wire, or hiring a trapper. If this City were to get involved with hiring trappers for wild pigs, the City could quickly become overwhelmed with the number of communities requesting this service. The past practice has been for the homeowners to hire a trapper.
https://morganhilltimes.com/piggin-out-on-morgan-hill-lawns/ https://morganhilltimes.com/wild-pigs-causing-problems-around-the-area/ https://abc7news.com/wild-boar-pigs-san-jose-feral/7408278/ https://gilroydispatch.com/problematic-pigs/
I have some details regarding the Discharge Permit. A Discharge Permit can be granted to a person providing these steps are completed.
1. Obtain a California Department of Fish and Wildlife Depredation Permit for Wild Pigs or proof that permit is in process (appears the HOA may need to apply on behalf of the specific neighborhood/housing community or each homeowner if full HOA is not interested in the removal of the wild pigs would need to apply)
2. Provide a simple letter from the specific neighborhood/housing community HOA or from each homeowner (as stated above), the nature of the problem that would cause them to hire you to remove and discharge the wild pigs.
3. Provide a simple letter from you on your removal and discharge tactics along with the location of where the discharging of the pigs will take place.
4. Provide copy of Morgan Hill Business License
5. Provide proof of liability insurance in the amount of $1,000,000.00 per occurrence, naming the city as the additional insured.
6. Pay Permit Fee of $25.00 (1-year permit; permit payment will take place on-line) Our municipal code also state that a hold harmless agreement is also needed but we will satisfy this requirement by having it listed as a condition of your permit.
I attached our municipal code and CA Department of Fish and Wildlife’s Wild Pig Depredation section (Fish and Wildlife’s Depredation Permit falls under this section). https://wildlife.ca.gov/Conservation/Mammals/Wild-Pig/Depredation https://wildlife.ca.gov/Keep-Me-Wild/Wild-Pig
https://apps.wildlife.ca.gov/wir
Also, specifically related to Borello Estates - In the past, we have received calls from community members who had general questions and we directed them to the Dept. of Fish and Game. We called Fish and Game and informed them of the pigs due to this being under their expertise. They continue to inform us that it is possible to get a depredation permit, but they need to know specifics (who will carry it out, when, how, and where, etc.); those details will determine if Fish and Game will issue a permit or deny a permit. We have told community members who have HOAs to bring this to their HOA's attention, so they can collectively split the cost.
Borello Estates hired Animal Damage Management (ADM) in October/ November 2020. According to ADM, Borello Estates should still have the depredation permit active. They have been in communication with board members of the HOA for Borello Estates. We have not received any recent calls from Borello regarding wild pigs.
Thank you,
Christina
CITY OF MORGAN HILL
Christina J. Turner, CPA
City Manager
17575 Peak Avenue, Morgan Hill, California, USA 95037
d 408.776.7382 | c 408.839.1705
e [email protected] | www.morganhill.ca.gov Facebook | Twitter
From: Shraddha Chaugule <[email protected]>
Sent: Saturday, May 21, 2022 10:56 PM
To: CC Public Comment <[email protected]> Subject: [EXTERNAL] Public comment - June City Council Meeting Hello!
I am Dr. Shraddha Chaugule and I live in Borello estates at 2185 Via Orista in Morgan Hill.
We moved to Morgan Hill in November of 2020 and were mortified to see wild pigs running amok in the community. Several of my neighbor's front yards have been destroyed in the last two years by these wild pigs causing a lot of material property damage. This week, a wild pig made a go at my husband and our dog while on a walk at 9am in the morning.
Not only this, but the USDA on their website say that these wild pigs carry harmful organisms and pathogens, which can infect humans causing diseases such as leptospirosis, toxoplasmosis, brucellosis, tularemia, trichinellosis, swine influenza, salmonella, hepatitis and pathogenic E. coli. As we know there are nation-wide Hepatitis cases in children at the moment and this is a very big health hazard.
As a concerned Morgan Hill resident, I believe these wild pigs pose a serious safety and health hazard to our community. We request the Morgan Hill city council to kindly a)Allow us to gate our community completely b) Employ hunters and get help from concerned wildlife dept. to eliminate this problem and if a) and b) are not possible, then allow c) the community members to build a temporary wire fencing around the community to protect these pigs from getting into the community while it is under the control of the builders.
I would like this issue to be brought up during this coming month's city council meeting.
Thank you.
sincerely,
Shraddha Chaugule, B.Pharm.Sc, MS, PhD
2185 Via Orista, Morgan Hill, CA 95037
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Title 9 - PUBLIC PEACE, MORALS AND WELFARE
Chapter 9.04 WEAPONS
Morgan Hill, California, Code of Ordinances Created: 2021-04-18 15:33:25 [EST] (Supp. No. 62)
Chapter 9.04 WEAPONS1
9.04.010 Discharge—Permit required—Fee.
A. No person shall discharge in the city, outside of a licensed shooting range, any instrument or device of any kind, character or description which discharges, propels or hurls bullets, missiles of any kind to any distance from such instrument or device by means of elastic force, air pressure, vacuum, explosive force, mechanical spring action or electrical charge, without first having applied for and obtained a written permit therefore from the chief of police.
B. Subject to review by and as specifically directed by the council, the chief of police shall be the sole judge as to the desirability or necessity of such permit, which must be, in his judgment, necessary for the protection of the applicant or his property, or in the furtherance of the public welfare, and which necessity cannot be reasonably abated by other means.
C. Applicants for such permit shall provide the following:
1. An application in writing which states the purpose of such permit, the nature of the problem to be abated which necessitates the protection of the applicant, his property or the furtherance of the public welfare, and lists all other means which have been unsuccessfully employed to abate the problem;
2. Proof of liability insurance in the amount of one million dollars per occurrence, obtained by the applicant and naming the city as additional insured, in a form and with companies approved by the city;
3. A certificate of agreement holding the city harmless for any action by applicant under this chapter, in a form prescribed by the city.
D. Upon approval, such permit may be issued upon payment of a fee of twenty-five dollars and shall be upon conditions and limitations and for such a length of time as the chief of police may determine. (Ord. No. 2289 N.S., § 1, 11-28-2018)
9.04.020 Licensed dealers—Posting of regulations.
Any person or business establishment engaged in the business of offering for sale any instrument or device described in Section 9.04.010 of this chapter shall have posted in a conspicuous place in the place of sale, a copy of this chapter and shall deliver a copy of this chapter to any purchaser of such instrument or device. (Ord. No. 2289 N.S., § 1, 11-28-2018)
1Editor's note(s)—Ord. No. 2289 N.S., § 1, adopted Nov. 28, 2018, amended Ch. 9.04Editor's note(s)— in its entirety to read as herein set out. Former Ch. 9.04Editor's note(s)—, §§ 9.04.010Editor's note(s)——
9.04.040, pertained to similar subject matter and derived from Ord. 290 N.S., § A(part), adopted in 1970; Ord. 1198 N.S., § 1, adopted in 1994; Ord. 1226 N.S., § 2, adopted in 1995; Ord. 1693 N.S., § 2, adopted in 2004; and Ord. No. 2276 N.S., § 35, adopted May 2, 2018.
Created: 2021-04-18 15:33:25 [EST]
(Supp. No. 62)
9.04.030 Duty to report theft or loss of firearms.
Any person who owns or possesses a firearm (as defined in Penal Code Section 16520 or as amended) shall report the theft or loss of the firearm to the Morgan Hill Police Department within forty-eight hours of the time he or she knew or reasonably should have known that the firearm had been stolen or lost, whenever: (1) the person resides in the city of Morgan Hill; or (2) the theft or loss of the firearm occurs in the city of Morgan Hill. (Ord. No. 2289 N.S., § 1, 11-28-2018)
9.04.040 Safe storage of firearms.
No person shall leave a firearm (as defined in Penal Code Section 16520 or as amended) unattended in any residence owned or controlled by that person unless the firearm is stored in a locked container (as defined in Penal Code Section 16850 or as amended), or the firearm is disabled with a trigger lock that is listed on the California Department of Justice's list of approved firearms safety devices. (Ord. No. 2289 N.S., § 1, 11-28-2018)
9.04.050 Possession of large-capacity ammunition magazines prohibited.
A. No person may possess a large-capacity magazine in the city of Morgan Hill whether assembled or disassembled. For purposes of this section, "large-capacity magazine" means any detachable ammunition feeding device with the capacity to accept more than ten rounds, but shall not be construed to include any of the following:
1. A feeding device that has been permanently altered so that it cannot accommodate more than ten rounds; or
2. A .22 caliber tubular ammunition feeding device; or
3. A tubular magazine that is contained in a lever-action firearm.
B. Any person who, prior to the effective date of this section, was legally in possession of a large-capacity magazine shall have ninety days from such effective date to do either of the following without being subject to prosecution:
1. Remove the large-capacity magazine from the city of Morgan Hill; or
2. Surrender the large-capacity magazine to the Morgan Hill Police Department for destruction; or
3. Lawfully sell or transfer the large-capacity magazine in accordance with Penal Code Section 12020.
C. This section shall not apply to the following:
1. Any federal, state, county, or city agency that is charged with the enforcement of any law, for use by agency employees in the discharge of their official duties;
2. Any government officer, agent, or employee, member of the armed forces of the United States, or peace officer, to the extent that such person is otherwise authorized to possess a large-capacity magazine and does so while acting within the course and scope of his or her duties;
3. A forensic laboratory or any authorized agent or employee thereof in the course and scope of his or her duties;
Created: 2021-04-18 15:33:25 [EST]
(Supp. No. 62)
4. Any entity that operates an armored vehicle business pursuant to the laws of the state, and an authorized employee of such entity, while in the course and scope of his or her employment for purposes that pertain to the entity's armored vehicle business;
5. Any person who has been issued a license or permit by the California Department of Justice pursuant to Penal Code Sections 18900, 26500-26915, 31000, 32315, 32650, 32700-32720, or 33300, when the possession of a large-capacity magazine is in accordance with that license or permit;
6. A licensed gunsmith for purposes of maintenance, repair or modification of the large-capacity magazine;
7. Any person who finds a large-capacity magazine, if the person is not prohibited from possessing firearms or ammunition pursuant to federal or state law, and the person possesses the large-capacity magazine no longer than is reasonably necessary to deliver or transport the same to a law enforcement agency;
8. Any person lawfully in possession of a firearm that the person obtained prior to January 1, 2000, if the person can show that the large capacity magazine was included with the purchase of the firearm or no magazine that holds fewer than ten rounds of ammunition is compatible with the firearm, and the person possesses the large-capacity magazine solely for use with such firearm.
9. Any retired peace officer holding a valid, current Carry Concealed Weapons (CCW) permit issued pursuant to California Penal Code.
(Ord. No. 2289 N.S., § 1, 11-28-2018)
9.04.060 Confiscation—Authority—Conditions.
Any instrument, device or article used or possessed in violation of the provisions of this chapter is declared to be a public nuisance and may be confiscated and possessed by a police officer of the city and turned over to the chief of police under the conditions set forth in this section. If no complaint for violation of this chapter is filed within seventy-two hours of the taking, the instrument or device shall be returned to the person from whom it was taken. If a complaint for violation of this chapter is filed within seventy-two hours, the chief of police may return it to the person from whose possession it was taken upon such conditions as he deems desirable for the public welfare. If the person from whom it was taken is not convicted of a violation of this chapter, then the device or instrument shall be returned to him without any conditions. If there is a conviction and sixty days have expired since the date of conviction, the same may be destroyed by the chief of police or returned to the person from whom it was taken upon such conditions as the chief deems desirable for the public welfare. (Ord. No. 2289 N.S., § 1, 11-28-2018)
9.04.070 Violation.
It is unlawful for any person to violate or cause or permit the violation of the provisions of any section of this chapter.
(Ord. No. 2289 N.S., § 1, 11-28-2018)
1 CITY COUNCIL STAFF REPORT
MEETING DATE: June 1, 2022
PREPARED BY:
Cynthia Iwanaga, Management Analyst
APPROVED BY: City Manager
APPROVE FIRST AMENDMENT TO THE JOINT VENTURE SILICON
VALLEY CONSULTANT AGREEMENT FOR THE COUNTYWIDE SOLID
WASTE PROGRAM
RECOMMENDATION(S)
1. Approve the first amendment to the consultant agreement with Joint Venture Silicon Valley to add Inspection Program services for $100,000 and remove $50,000 in extra services for a revised total contract amount of $350,000; and
2. Authorize the City Manager to execute and administer the first amendment to the consultant agreement with Joint Venture Silicon Valley.
Estimated Time:
COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Protecting the Environment and Preserving Open Space and Agricultural Land REPORT NARRATIVE:
The purpose of this report is to provide the City Council with an opportunity to consider a first amendment to the City's Consultant Agreement with Joint Venture Silicon Valley (JVSV) for the administration and implementation of Santa Clara County's Countywide SB 1383 Edible Food Recovery Program (EFRP) countywide activities.
Background on SB 1383: Senate Bill 1383 (SB 1383) was signed into law in September 2016 and establishes methane emission reduction targets in a statewide effort to address the impacts of climate change on human health and the environment. A major source of methane is from organic waste decomposing in landfills. Organic waste includes green waste, wood waste, food waste and fibers such as paper and cardboard.
Organic waste is the largest waste stream in California and comprises two-thirds of the total waste stream. To reduce methane gasses generated by organic waste in landfills, SB 1383 contains provisions for organic waste recycling and edible food recovery, including a requirement that jurisdictions adopt ordinances and implement programs to ensure compliance by January 1, 2022. The City Council adopted ordinance 13.28
1 updating the City's Municipal Code to bring it into compliance with SB 1383 on November 17, 2021.
One requirement of the regulations specific to the solid waste sector is to launch a statewide effort to rescue 20% of edible food from landfills and redirect it to food insecure communities. Every jurisdiction in the state is required to establish and monitor food recovery programs, strengthen existing food recovery networks and ensure food donors arrange and recover the maximum amount of their edible food that would otherwise go to landfills.
In 2019, the Santa Clara County Recycling and Waste Reduction Commission (RWRC) voted to fund JVSV to develop, launch, and facilitate the Countywide Edible Food Recovery Program (EFRP) to comply with SB 1383 food recovery requirements. The Program is responsible for documentation to support participating jurisdictions with compliance, educating commercial edible food generators, increasing commercial edible food generators' access to food recovery organizations and food recovery services, monitoring commercial edible food generators' compliance, and increasing edible food recovery capacity if they do not have sufficient capacity.
In July 2021, City of Morgan Hill staff began providing Technical Advisory Committee (TAC) Administrator and Contracting Agent roles for administering the work of the RWRC as Countywide Solid Waste Services. As contracting agent, the City of Morgan Hill entered into an agreement with JVSV to administer and implement Santa Clara County's Countywide SB 1383 EFRP activities through June 30, 2023.
On December 15, 2021, the County RWRC voted to fund JVSV to implement Inspection Program services related to the Santa Clara County Countywide EFRP activities. Beginning on July 1, 2022, JVSV will assist in the coordination of centralized inspections and monitoring throughout the County as required by SB1383.
The EFRP Inspection Program scope of work will include verification of edible food recovery contracts, recordkeeping compliance, and confirmation of mandated donations of edible food that would otherwise be disposed of. The Inspection Program scope of work is being added to the JVSV Consultant Agreement with this proposed First Amendment. The cost of the inspection services will add $100,000 to the contract for FY 2022-23. The current amount of JVSV's consultant agreement is $300,000, which includes $50,000 for extra services. JVSV will no longer utilize the $50,000 for extra services, therefore the $50,000 is being removed from the Schedule of Compensation.
The resulting net addition to the agreement is $50,000 for a new contract amount of $350,000. The contract term remains unchanged with a completion date of June 30, 2023.
Staff recommends entering into the First Amendment with Joint Venture Silicon Valley to incorporate Inspection Program services for the Santa Clara County EFRP in the amount of $100,000 for FY 2022-23 and removing the $50,000 for extra services for a new contract amount of $350,000.
1 COMMUNITY ENGAGEMENT:
Not Applicable
The subject of this staff report is entirely administrative in nature and does not impact services directly provided to the Morgan Hill community. Given this, no community engagement was conducted prior to this meeting.
ALTERNATIVE ACTIONS:
The City Council could decline to approve the amendment, which would result in the Santa Clara EFRP without a consultant to administer the inspection portion of the Program.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
The City Council has not taken prior action on this agreement. The amount of the original agreement was $300,000, therefore it was approved via City Manager authority on June 30, 2021. Per Ordinance 2321, purchases up to $300,000 can be made under the City Manager's purchasing authority if they were made exclusively with countywide funds for the administration of the integrated waste management program.
FISCAL AND RESOURCE IMPACT:
The funding for the addition of Inspection Program services to the Joint Venture Silicon Valley consultant agreement is included in the Fund 246 contract services line item of the Countywide Solid Waste Administration Services in the Recommended Budget for FY 2022-23.
CEQA (California Environmental Quality Act):
Not a Project
The activities associated with this item are administrative activities that will not result in direct changes to the physical environment.
1 FIRST AMENDMENT TO AGREEMENT
JOINT VENTURE SILICON VALLEY
This FIRST AMENDMENT TO AGREEMENT is entered into and becomes effective on ______________________ (Effective Date), by THE CITY OF MORGAN HILL, a municipal corporation, in its capacity as contracting agent on behalf of the County of Santa Clara Reduction and Solid Waste Commission Implementation Committee ("CITY") and JOINT VENTURE SILICON VALLEY, a California non-profit corporation ("CONSULTANT").
RECITALS
The following recitals are a substantive part of this Agreement:
1. This First Amendment to Agreement is entered into pursuant to the action of the Morgan Hill City Council taken on ___________, ____, 20___.
2. The CITY and CONSULTANT entered into that “Consultant Agreement” made as of June 30, 2021, for consultant services for a maximum compensation of Three Hundred Thousand Dollars ($300,000.00) (“CONSULTANT AGREEMENT”). The CONSULTANT AGREEMENT is attached as Exhibit “1” to this Agreement.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. Amendments: All terms and conditions of the CONSULTANT AGREEMENT, as amended, as attached as Exhibit "1,” shall remain in full force and effect; except that the following amendments shall be made as set forth below:
A. Paragraph 3 Scope of Service shall be amended by adding “Exhibit A Additions To Scope of Services as of July 1, 2022”, attached hereto and incorporated herein by this reference.
B. Paragraph 4.1 is amended and replaced in its entirety by the following:
"4.1. Amount. Compensation under this Agreement shall not exceed THREE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($350,000.00) and shall be billed based on the rate and basis set forth in “Exhibit B” and “Exhibit B Additions to Schedule of Compensation Rates as of July 1, 2022”. If the City Manager extends the term of this Agreement for up to one year pursuant to the provisions of Section 2 above, the City Manager shall have the authority to increase the maximum compensation allowed to be paid to CONSULTANT, so long as City Council has appropriated sufficient funds therefor, the Parties mutually agree to such amount in a writing signed by both Parties to this Agreement and provided further that in no event shall such maximum compensation allowed for the term exceed the City Manager's authority pursuant to Chapter 3.04 of the Morgan Hill Municipal Code, unless otherwise authorized by City Council.”
C. Paragraph 6 Performance of Work shall be amended by adding the “Exhibit C Additions to Schedule of Performance as of July 1, 2022”, attached hereto and incorporated herein by this reference.”
Signatures on the Next Page
2 2. Conflicts. In the event of a conflict between the terms and provisions of this First Amendment to Agreement and the terms and provisions of the CONSULTANT AGREEMENT, the terms of this First Amendment to Agreement shall govern and control.
TWO SIGNATURES ARE REQUIRED FOR CORPORATIONS:
(1) CHAIRPERSON OF THE BOARD, PRESIDENT, OR VICE PRESIDENT; AND (2) SECRETARY, ASSISTANT SECRETARY, CHIEF FINANCIAL OFFICER, OR ASSISTANT TREASURER.
ATTEST: CITY OF MORGAN HILL
Michelle Bigelow, City Clerk Christina Turner, City Manager Date: Date:
APPROVED AS TO FORM:
Donald Larkin, City Attorney
JOINT VENTURE SILICON VALLEY
By:
By:
Date: Title:
Date:
Print Name and Title of Signer.
If Corporate: Chairman, President or
Vice President
By:
Title:
Date:
Print Name and Title of Signer.
If Corporate: Secretary, Assistant
Secretary, Chief Financial Officer or
Assistant Treasurer
Russell Hancock
President & CEO
May 10, 2022
Michael Greco
CFO
May 10, 2022
EXHIBIT A
ADDITIONS TO SCOPE OF SERVICES
As of July 1, 2022
Santa Clara County Food Recovery Monitoring Program and Deliverables Joint Venture Silicon Valley will expand the scope of services for the Consultant Agreement to administer and implement Santa Clara County’s SB 1383 Food Recovery Program countywide activities to include a monitoring program and related deliverables for the additional cost of $100,000 per the Revised Exhibit B-Schedule of Compensation.
Additional scope of work between Joint Venture Silicon Valley and Morgan Hill approved by Recycling and Waste Reduction Commission on December 15, 2021.
Monitoring Program and Deliverables
○ Solicit, collect and synthesize Tier One and Food Recovery Organization and Services Food Recovery Program Reports for both the August 1, 2022 reporting date and the May 1, 2023 reporting date. ○ Prioritize the Inspection Prioritization List, deciding which non-compliant entities should be inspected based on potential volume of recovered food ○ Complete at least 10% of Tier One Entity in-person inspections, and at least 23 virtual inspections (these may be either first-time inspections, or follow up inspections to confirm compliance)
○ Should any city receive a complaint about a regulated entity, Joint Venture will take all necessary steps, short of enforcement, to ensure compliance, in accordance with state law SB 1383
○ Communicate with jurisdictions, in accordance with the Program Overview, Responsibilities Section, to monitor regulated entities as needed and refer them to the jurisdiction for enforcement if necessary. ○ Design and send mailings necessary for the program: yearly educational notices, noncompliance notices, other notices as appropriate
EXHIBIT B
ADDITIONS TO SCHEDULE OF COMPENSATION RATES
As of July 1, 2022
Activity FY 2022-23
Inspection Program support: Ipad, hotspot
subscription, insurance, workers comp, trainings,
travel, other tech support if needed $5,000
Inspector Staff time $30,000
Mailings -- yearly edu/enforcement notices and staff
time to create/follow up $2,000
Staff time -- Program Director $26,000
Data collection tool, staff time building necessary
add-ons, data strategy, and methodology $17,000
Overhead $20,000
Total $100,000
JVSV will no longer need the added $50,000 initially allocated and specified in the original contract for undetermined additional scope of services (extra services). Total compensation for July 1 2021 through June 30, 2023 not to exceed $350,000.
Summary of Revised Contract Amount Per First Amendment:
Description Amount
Year 1 and Year 2: FYs21-22 and 22-23:
Food Recovery Program Scope of Work #1 to
#6
$250,000
Year 1 and Year 2: $50,000 Extra Services: Delete $0
Year 2: FY 22-23: Monitoring/Inspection
Program $100,000
REVISED FIRST AMENDMENT AMOUNT $350,000
EXHIBIT C
ADDITIONS TO SCHEDULE OF PERFORMANCE
As of July 1, 2022
Additional Deliverables for Monitoring and Inspection Program to be delivered between July 1, 2022 and June 30, 2023.
○ Solicit, collect and synthesize Tier One and Food Recovery Organization and Services Food Recovery Program Reports for both the August 1, 2022 reporting date and the May 1, 2023 reporting date. ○ Prioritize the Inspection Prioritization List, deciding which non-compliant entities should be inspected based on potential volume of recovered food ○ Complete at least 10% of Tier One Entity in-person inspections, and 23 virtual inspections (these may be either first-time inspections, or follow up inspections to confirm compliance)
○ Should any city receive a complaint about a regulated entity, Joint Venture will take all necessary steps, short of enforcement, to ensure compliance, in accordance with state law SB 1383
○ Communicate with jurisdictions, in accordance with the Program Overview, Responsibilities Section, to monitor regulated entities as needed and refer them to the jurisdiction for enforcement if necessary. ○ Design and send mailings necessary for the program: yearly educational notices, noncompliance notices, other notices as appropriate
DocuSign Envelope ID: D745A405- A1F5- 4737- B19F- ODEC19B71708 K- 04-4 -A
CONSULTANT AGREEMENT
Joint Venture Silicon Valley
THIS AGREEMENT is entered into and becomes effective on 6/ 30/ 2021 ( Effective Date), by and between the CITY OF MORGAN HILL, a municipal corporation, in its capacity as contracting agent on behalf of the County of Santa Clara Reduction and Solid Waste Commission Implementation Committee CITY"), and Joint Venture Silicon Valley a California nonprofit corporation (" CONSULTANT") hereinafter referred to collectively as "Parties." In consideration of the promises and the mutual covenants contained in this Agreement, the Parties agree as follows:
1. City Authority. This Agreement is entered into pursuant to the authority of the City Manager pursuant to Chapter 3. 04 of the Morgan Hill Municipal Code.
2. Term of Agreement. This Agreement shall cover services rendered from the Effective Date of this Agreement until June 30, 2023 at which time CONSULTANT' S services shall be completed. The City Manager is authorized to extend the term of this Agreement for a maximum period of one year. Any such extension shall be in writing and signed by both Parties to this Agreement.
3. Scope of Service. The services to be performed by CONSULTANT shall be administration and implementation of Santa Clara County SB 1383 Food Recovery Program countywide activities as further described in Exhibit A.
4. Compensation. CONSULTANT shall be compensated as follows:
4. 1. Amount. $300, 000. 00. Total compensation to CONSULTANT under this Agreement during its initial term set forth in Section 2 above shall not exceed Three Hundred Thousand dollars and shall be billed based on the rate and basis set forth in Exhibit B. If the City Manager extends the term of this Agreement for up to one year pursuant to the provisions of Section 2 above, the City Manager shall have the authority to increase the maximum compensation allowed to be paid to CONSULTANT, so long as City Council has appropriated sufficient funds therefor, the Parties mutually agree to such amount in a writing signed by both Parties to this Agreement and provided further that in no event shall such maximum compensation allowed for the term exceed the City Manager' s authority pursuant to Chapter 3. 04 of the Morgan Hill Municipal Code, unless otherwise authorized by City Council.
4. 2. Billing. CONSULTANT shall provide CITY with an invoice containing the dated, detailed, and itemized descriptions of all services performed and expenses incurred ( if such expenses are reimbursable pursuant to Exhibit B) by CONSULTANT on a monthly basis unless otherwise specified in Exhibit B. All invoices shall be sent to the CITY addressed to the department head or project manager identified below in Section 13 Notices. Any rate charged shall be prorated where services are interrupted or not provided for any rate period (for example, any monthly rate charge should be prorated when services were interrupted or provided for only part of the month). For services billed on an hourly rate, the minimum unit of billed time shall not exceed one tenth of one hour. CITY shall pay for services and expenses ( if so provided in Exhibit B) up to the limit of compensation set forth above, that in the CITY's judgment were necessary and reasonable. Services for work performed and expenses incurred in excess of the total compensation set forth in paragraph 4. 1 above shall be at no cost to CITY.
5. Termination. CITY or CONSULTANT shall have the right to terminate this Agreement, without cause, by giving thirty ( 30) days' written notice or less under urgent circumstances. Upon such termination, CONSULTANT shall submit to CITY an itemized statement of services performed for which compensation 1 Updated March 2021
EXHIBIT 1
DocuSign Envelope ID: D745A405- A1F5- 4737- B19F- ODEC19B71708 has not been paid. CITY may require CONSULTANT to complete certain work product or documents and CONSULTANT shall deliver to CITY all documents in its possession without additional compensation to CONSULTANT. The City Manager of CITY is authorized to terminate this Agreement, in whole or in part, on behalf of CITY.
5. 1. Non -Appropriations. Notwithstanding anything contained in this Agreement to the contrary, if insufficient funds are appropriated, or funds are otherwise unavailable in the budget for CITY for any reason whatsoever in any fiscal year, for payments due under this Agreement, CITY will immediately notify CONSULTANT of such occurrence, and this Agreement shall terminate after the last day during the fiscal year for which appropriations shall have been budgeted for CITY or are otherwise available for payments.
6. Performance of Work. CONSULTANT represents that it is qualified by virtue of experience, training, education, and expertise to accomplish these services. Services shall be performed by CONSULTANT in accordance with professional practices in a manner consistent with a level of care, competence and skill exercised by qualified members of the CONSULTANT' S profession. By delivery of completed work, CONSULTANT certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws. CONSULTANT shall perform all work and services under this Agreement in conformance with the time schedule set forth on Exhibit C, " Schedule of Performance," attached hereto and incorporated herein by this reference. CITY' s City Manager is authorized on behalf of CITY to modify the timeframes set forth on the Schedule of Performance within the term of this Agreement. If CONSULTANT desires to leave or store any of CONSULTANT' s equipment at a CITY site while CONSULTANT is performing work or service pursuant to this Agreement, CONSULTANT will first obtain the consent of CITY' s City Manager, or his/ her delegate, to do so, and any such storage shall occur only in the manner and location allowed by such CITY official and entirely at CONSULTANT' s sole risk.
7. Insurance Requirements. CONSULTANT shall procure and provide proof of the insurance coverage required by this section in the form of certificates and endorsements. The required insurance must cover the activities of CONSULTANT, including its subcontractors, employees and agents, relating to or arising from the performance of any work or service under this Agreement, and must remain in full force and effect at all times during the period covered by this Agreement. The coverages may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella" policies, provided each such policy complies with the requirements set forth herein. Any deductibles or self-insured retentions must be declared to and approved by City. CONSULTANT further understands that the CITY reserves the right to modify the insurance requirements set forth herein, with thirty 30) days' notice provided to CONSULTANT, at any time as deemed necessary to protect the interests of the CITY.
7. 1. Insurance Types and Amounts.
7. 1. 1. Commercial General Liability (CGL). CONSULTANT shall maintain CGL against claims and liabilities for personal injury, death, or property damage providing protection in the minimum amount of: ( i) one million dollars ($ 1, 000,000. 00) combined single limit for any one accident or occurrence, or ( ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT' s combined insurance policies including any excess or "umbrella" policies), whichever is greater.
7. 1. 2. Automobile Liability. CONSULTANT shall maintain Automobile Liability covering all owned, non -owned and hired automobiles ( if CONSULTANT does not own automobiles, then CONSULTANT shall maintain Hired/ Non- owned Automobile Liability) against claims and liabilities for personal injury, death, or property damage 2 Updated March 2021
DocuSign Envelope ID: D745A405- A1F5- 4737- B19F- ODEC19B71708 providing protection in the minimum amount of: ( i) one million dollars ($ 1, 000, 000. 00) combined single limit for any one accident or occurrence, or ( ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT' s combined insurance policies ( including any excess or " umbrella" policies), whichever is greater.
7. 1. 3. Workers' Compensation Insurance and Employer' s Liability. CONSULTANT shall maintain Workers Compensation coverage, as required by law, in the minimum amount of: ( i) one million dollars ($ 1, 000, 000. 00) for any one accident or occurrence, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT' s combined insurance policies ( including any excess or " umbrella" policies), whichever is greater. If CONSULTANT is self-insured, CONSULTANT shall provide its Certificate of Permission to Self -Insure, duly authorized by the Department of Industrial Relations.
7. 1. 4. Pollution ( Environmental) Liability. If the performance of CONSULTANT'S work or service under this Agreement involves hazardous materials, contaminated soil disposal, and/ or a risk of accidental release of fuel oil, chemicals or other toxic gases or hazardous materials, CONSULTANT shall procure and maintain Pollution Liability covering the CONSULTANT' S liability for bodily injury, property damage and environmental damage resulting from pollution and related cleanup costs arising out of the work or services to be performed under this Agreement. Coverage shall be provided for both work performed on site, as well as during the transport of hazardous materials.
Such coverage shall be in the minimum amount of: ( i) one million dollars 1, 000, 000. 00) for any one accident or occurrence, or ( ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT' s combined insurance policies ( including any excess or "umbrella" policies), whichever is greater.
7. 1. 5. Professional Liability.
7. 1. 5. 1. If the performance of CONSULTANT' s work or service under this Agreement involves professional and/ or technical services ( examples include, but are not limited to, architects, engineers, land surveyors, and appraisers), CONSULTANT shall procure and maintain either a claims made or occurrence Errors and Omission liability insurance in the minimum amount of: (i) one million dollars ($ 1, 000, 000. 00) each claim, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT' s combined insurance policies ( including any excess or umbrella" policies), whichever is greater. Further, if CONSULTANT maintains a claims -made policy, CONSULTANT shall provide written evidence of such insurance to the CITY for at least five ( 5) years after the completion of work performed under this Agreement.
7. 1. 5. 2. If the performance of CONSULTANT' s work or service under this Agreement relates to Information Technology or related services ( examples include, but are not limited to computer programmers, software designers, hardware engineers, or other systems consultants), CONSULTANT shall procure and maintain a claims made Errors and Omission liability insurance, including Cyber Liability and Data Breach, in the minimum amount of: (i) one million dollars ($ 1, 000, 000. 00) each claim, or ( ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT' s combined insurance policies ( including any excess or " umbrella" policies), whichever is greater.
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7. 1. 6. Sexual Abuse/ Molestation Liability (SML): If the performance of CONSULTANT' s work or service under this Agreement involves contact with minors, CONSULTANT shall procure and maintain Sexual Abuse and Molestation insurance in the minimum amount of: ( i) two hundred thousand dollars ($ 200, 000. 00) each claim, or ( ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT' s combined insurance policies ( including any excess or " umbrella" policies), whichever is greater.
7. 2. Endorsements. CONSULTANT shall provide proof of the following endorsements, listed for each policy for which endorsements are required, as outlined below:
7. 2. 1. General Liability and pollution liability ( when pollution liability applies).
7. 2. 1. 1. The City of Morgan Hill, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers are named as additional insureds;
7. 2. 1. 2. The insurer waives the right of subrogation against the City of Morgan Hill and the CITY's elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers; and,
7. 2. 1. 3. Insurance shall be primary non- contributing.
7. 2. 2. Workers Compensation.
If the performance of CONSULTANT' S work or service under this Agreement involves access to or activity on any property or premises owned or occupied by the CITY, including, but not limited to, CONSULTANT' S presence during site visits and meetings, then insurer waives the right of subrogation against the City of Morgan Hill and the CITY's elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers.
7. 3. Qualification of Insurers. All insurance required pursuant to this Agreement must be issued by a company licensed and admitted, or otherwise legally authorized to carry out insurance business in the State of California, and each insurer must have a current A. M. Best' s financial strength rating of "A" or better and a financial size rating of "VII" or better.
7. 4. Certificates. CONSULTANT shall furnish CITY of Morgan Hill with copies of all certificates as outlined herein, whether new or modified, promptly upon receipt. In the event of a claim or legal action, CONSULTANT shall promptly furnish CITY of Morgan Hill with copies of all policies outlined herein. No policy subject to the CONSULTANT' s agreement with the CITY shall be canceled or materially changed except after thirty ( 30) days' notice by the insurer to CITY. A " material change" is a change that results in non- compliance with any insurance requirements in this section 7. Certificates, including renewal certificates, may be mailed electronically to riskmgmtamorganhill. ca. gov or delivered to the Certificate Holder address provided herein.
Certificate Holder address:
City of Morgan Hill
Attn: Risk Management
17575 Peak Avenue
Morgan Hill, CA 95037
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8. Non -Liability of Officials and Employees of the CITY. No official or employee of CITY shall be personally liable for any default or liability under this Agreement.
9. Compliance with Law.
9. 1. CONSULTANT and its officers, employees, agents, and subcontractors shall comply with all applicable laws, ordinances, administrative regulations, and permitting requirements in carrying out their obligations under this Agreement. CONSULTANT and its officers, employees, agents, and subcontractors covenant there shall be no discrimination based upon race, color, creed, religion, gender, marital status, age, sexual orientation, national origin, mental disability, physical disability, medical condition, or ancestry, in any activity pursuant to this Agreement.
9. 2. Compliance with Wage and Hour Laws: Consultant, and any subcontractor it employs to complete work under this Agreement, shall comply with all applicable federal, state and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act and the California Labor Code. -
Final Judgments, Decisions, and Orders: For purposes of this Section, a " final judgment, decision, or order" refers to one for which all appeals have been exhausted or the time to appeal has expired. Relevant ' investigatory government agencies include: the federal Department of Labor, the California Division of Labor Standards Enforcement, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.
Prior Judgments against CONSULTANT and/ or its Subcontractors: BY SIGNING THIS
AGREEMENT, CONSULTANT AFFIRMS THAT IT HAS DISCLOSED ANY FINAL
JUDGMENTS, DECISIONS OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY FINDING — IN THE FIVE ( 5) YEARS PRIOR TO EXECUTING THIS AGREEMENT — THAT CONSULTANT OR ITS SUBCONTRACTOR( S) HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. CONSULTANT FURTHER AFFIRMS THAT IT OR ITS SUBCONTRACTOR( S) HAS SATISFIED AND COMPLIED WITH — OR HAS REACHED AGREEMENT WITH THE CITY REGARDING THE MANNER IN WHICH IT WILL SATISFY — ANY SUCH JUDGMENTS, DECISIONS OR ORDERS.
Judgments or Decisions During Term of Contract: If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision or order finding that CONSULTANT or an subcontractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or CONSULTANT learns of such a judgment, decision, or order that was not previously disclosed, CONSULTANT shall inform the City Attorney, no more than fifteen ( 15) days after the judgment, decision or order becomes final or of learning of the final judgment, decision or order. CONSULTANT and its subcontractors shall promptly satisfy and comply with any such judgment, decision, or order, and shall provide the City Attorney with documentary evidence of compliance with the final judgment, decision or order within five ( 5) days of satisfying the final judgment, decision or order. The City reserves the right to require CONSULTANT to enter into an agreement with the City regarding the manner in which any such final judgment, decision, or order will be satisfied.
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DocuSign Envelope ID: D745A405- A1F5- 4737- B19F- ODEC19B71708 City' s Right to Withhold Payment: Where CONSULTANT or any subcontractor it employs to perform work under this Agreement has been found in violation of any applicable wage and hour law by a final judgment, decision or order of a court or government agency, the City reserves the right to withhold payment to CONSULTANT until such judgment, decision or order has been satisfied in full.
Material Breach: Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/ or any other remedies available under this Agreement and/ or law.
Notice to City Related to Wage Theft Prevention: Notice provided to the City Attorney as required under this Section shall be addressed to: City Attorney, City of Morgan Hill, 17575 Peak Avenue, Morgan Hill, CA 95037. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section.
10. Independent Contractor. CONSULTANT is an independent contractor and not an agent or employee of CITY.
11. Confidentiality. All data, documents, or other information received by CONSULTANT from CITY or prepared in connection with CONSULTANT' S services under this Agreement are deemed confidential and shall not be disclosed to any third party by CONSULTANT without prior written consent by CITY.
12. Conflict of Interest and Reporting. CONSULTANT shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement.
13. Notices. All notices shall be personally delivered or mailed, via first class mail to the below listed address. These addresses shall be used for delivery of service of process. Notices shall be effective five ( 5) days after date of mailing, or upon date of personal delivery.
Address of CONSULTANT is as follows:
Joint Venture Silicon Valley
Robin Franz Martin, Executive Director, Silicon Valley Food Recovery 84 West Santa Clara Street, Ste. 800
San Jose, CA 95113
Address of CITY is as follows:
Environmental Services Mgnr. with a copy to:
City of Morgan Hill City Clerk
17575 Peak Avenue City of Morgan Hill
Morgan Hill, CA 95037 17575 Peak Avenue
Morgan Hill, CA 95037
14. Licenses, Permits and Fees. CONSULTANT shall obtain a City of Morgan Hill Business License, all permits and licenses to the extent required by ordinances, codes and regulations of the federal, state and local government.
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15. Consultant' s Proposal. If applicable, this Agreement shall include CONSULTANT' S proposal or bid which is incorporated herein. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern.
16. Maintenance of Records.
16. 1. Maintenance. CONSULTANT shall prepare, maintain, and preserve all reports and records that may be required ' by federal, state, and CITY rules and ordinances related to services provided under this Agreement. CONSULTANT shall maintain records for a period of at least 3 years after receipt of final payment under this Agreement. If any litigation, claim, negotiation, audit exception, or other action relating to this Agreement is pending at the end of the 3 -year period, then CONSULTANT shall retain said records until such action is resolved.
16. 2. Access to and Audit of Records. The CITY shall have the right to examine, monitor and audit all records, documents, conditions, and activities of the CONSULTANT and its subcontractors related to services under this Agreement. Pursuant to Government Code Section 8546. 7, if this Agreement involves the expenditure of public funds in excess of $10, 000, the Parties to this Agreement may be subject, at the request of the CITY or as part of any audit of the CITY, to the examination and audit of the State Auditor pertaining to matters connected with the performance of this Agreement for a period of three years after final payment under the Agreement.
16. 3. Ownership of Work Product. All documents or other information developed or received by CONSULTANT for work performed under this Agreement shall be the property of CITY.
CONSULTANT shall provide CITY with copies of these items upon demand or upon termination of this Agreement.
17. Familiarity with Work. By executing this Agreement, CONSULTANT represents that: ( 1) it has investigated the work to be performed; ( 2) it has investigated the site of the work and is aware of all conditions there; and ( 3) it understands the difficulties and restrictions of the work under this Agreement. Should CONSULTANT discover any conditions materially differing from those inherent in the work or as represented by CITY, it shall immediately inform CITY and shall not proceed, except at CONSULTANT' S risk, until written instructions are received from CITY.
18. Time of Essence. Time is of the essence in the performance of this Agreement.
19. No Assignment. Neither this Agreement nor any portion shall be assigned by CONSULTANT, without prior written consent of CITY. Any attempted assignment not first approved by CITY shall be void and, at CITY' s option, shall terminate this Agreement effective as of the date of such attempted assignment.
20. Attorney Fees. In any legal action, dispute or arbitration arising out of or relating to this Agreement, the prevailing party shall be entitled to an award of its reasonable attorney fees, costs and expenses incurred.
21. Defense and Indemnification.
21. 1. Defense and Indemnification. CONSULTANT shall, to the fullest extent permitted by law, indemnify, defend and hold harmless CITY, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers (" INDEMNITEES") from and against any and all claims, liabilities, expenses, liens, or damages of any nature, including liability for bodily injury, property damage or personal injury, and including reasonable attorneys' fees and expenses, that arise out of, pertain to, or relate to the performance of this Agreement or the failure to comply with any obligations 7 Updated March 2021
DocuSign Envelope ID: D745A405- A1 F5- 47374319F- ODEC19B71708 contained in this Agreement by CONSULTANT, and/ or its agents, officers, employees, subcontractors, or independent contractors (" CLAIM").
21. 2. Exceptions. CONSULTANT is not required to indemnify INDEMNITEES against liability for bodily injury, property damage or personal injury, or any other loss, damage or expense arising from the sole negligence or willful misconduct of the CITY.
21. 3. Not limited by insurance. The indemnity, defense and hold harmless provisions of this Agreement apply to all CLAIMs alleged against an INDEMNITEE, regardless of whether any insurance policies are applicable. Policy limits do not act as a limitation upon the amount of indemnification or, defense to be provided by CONSULTANT.
21. 4. Right to Offset. CITY shall have the right to offset against any compensation due CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of CONSULTANT' s failure to pay CITY promptly any indemnification arising under this Section ( 21) and any amount due CITY from CONSULTANT arising from CONSULTANT' s failure either to (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers' compensation laws.
21. 5. Interpretation. This Section shall constitute an agreement or contract of indemnity, incorporating the interpretations under California Civil Code Section 2778. It is expressly understood and agreed that the obligation of the CONSULTANT to indemnify the INDEMNITEE shall be as broad and inclusive as permitted by the laws of the State of California and shall survive termination of this Agreement.
22. Entire Agreement: Modification; Conflicting Provisions. This Agreement constitutes the entire Agreement between the Parties and supersedes any previous agreements, oral or written. This Agreement may be modified or provisions waived only by a subsequent mutual written agreement executed by CITY and CONSULTANT. If the provisions contained in the main body of this Agreement conflict with any provision contained in an exhibit to this Agreement, the provisions of the main body of this Agreement shall govern and control over any provision contained in an exhibit to this Agreement.
23. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California. This Agreement was entered into and is to be performed in the County of Santa Clara.
Any action or dispute arising out of this Agreement shall only be brought in Santa Clara County.
24. Interpretation. This Agreement is a negotiated document and shall be deemed to have been drafted jointly by the Parties, and no rule of construction or interpretation shall apply against any particular Party based on a contention that the Agreement was drafted by one of the Parties including, but not limited to, California Civil Code § 1654, the provisions of which are hereby waived. This Agreement shall be construed and interpreted in a neutral manner.
25. Preservation of Agreement. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected or invalidated.
26. Binding Agreement. Notwithstanding the provisions of Section 19 above, this Agreement shall bind any and all successors in interest, legal representatives and/ or other permitted assignees or transferees of CONSULTANT in the same manner as if those successors in interest, legal representatives or other permitted assignees or transferees had entered into this Agreement originally. 8 Updated March 2021
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27. Data Sharing. This Agreement requires access by CONSULTANT to CITY' s Geographic Information System ( GIS) DATA for CONSULTANT to perform the work. CITY agrees to provide the GIS DATA to CONSULTANT solely for the purpose of performance of contracted work with the CITY upon the terms and conditions specified in Exhibit D, incorporated herein by this reference.
Signatures on Next Page]
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DocuSign Envelope ID: D745A405- A1F5- 4737- B19F- ODEC19671708
28. Authority to Execute. Those individuals who are signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. below.
IN WITNESS THEREOF, these Parties have executed this Agreement on the day and year shown AS SET FORTH IN CA. CORP. CODE § 313, TWO SIGNATURES ARE REQUIRED FOR CALIFORNIA CORPORATIONS:
1) CHAIRPERSON OF THE BOARD, PRESIDENT, OR VICE PRESIDENT; AND 2) SECRETARY, ASSISTANT SECRETARY, CHIEF FINANCIAL OFFICER OR ASSISTANT TREASURER.
ATTEST:
DocuSigned by:
iitillc V i' 041
Ci- Glerk Daputy City Clerk
Michelle Bigelow
Print Name
Date: 6/ 30/ 2021
APPROVED AS TO FORM:
DocuSigned by:
bina(, int,
C BF@f? nE4...
Donald A. Larkin
Print Name
Date:
6/ 29/ 2021
CITY OF MORGAN HILL
DocuSigned by:
CitQn&ger44D..
Christina J. Turner
Print Name
Date: 6/ 30/ 2021
JOINT VENTURE SILICON VALLEY
By:
Russell Hancock
President & CEO
Print Name and Title of Signer.
If Corporate: Chairman, President or
Vice President
Date: June 25, 2021
By: i
Michael Greco, CFO
Print Name and Title of Signer.
If Corporate: Secretary, Assistant
Secretary, Chief Financial Officer or
Assistant Treasurer
Date: June 25, 2021
10 Updated March 2021
DocuSign Envelope ID: D745A405- A1F5- 4737- B19F- ODEC19B71708 U:\ Legal Forms\ Consultant Agreements\ City Standard Consultant Agreement. Docx 11 Updated March 2021
DocuSign Envelope ID: D745A405- A1F5- 4737- B19F- ODEC191371708
EXHIBIT A
SCOPE OF SERVICES
1. Data Collection from Generators and Food Recovery Organizations Support Food Recovery Organizations and Commercial Edible Food Generators with compliance:
o Contract support for standardized agreements required by SB 1383. o
Technical assistance with County -wide reporting system.
Create an online tool to collect reportable information from Food Recovery Organizations and Services as well as Tier 1 and 2 generators if reporting is a part of the final ordinances for Tier 1 and 2.
Data collection tool will include all information decided upon in the local ordinances.
Education of Generators and FROs. Work with jurisdictions or other entities doing education and outreach to clearly articulate data requirements for food recovery organizations and Tier 1 generators in preparation for SB 1383.
Synthesize data, then distribute data with those jurisdictions with appropriate formatting for CalRecycle.
2. Education and Outreach
Maintain a list of food recovery organizations and food recovery services operating within the county, and post that list on a shared, county -wide website.
Maintain and continue to refine the content of a website for the Santa Clara County Food Recovery Program.
Unified outreach and education, including managing support of the San Jose Conservation Corps to reach out to generators across cities with a survey and educational materials.
3. Capacity Building
Based upon needs identified through the Santa Clara County Capacity Analysis, develop capacity building strategies to support increasing capacity County -wide Work with other entities to identify appropriate funding streams to fund these efforts, and support food recovery organizations in their efforts to request fee- for- service and other methods of paying for necessary capacity increases.
Document potential plans to increase edible food recovery capacity if the analysis indicates that the jurisdictions in Santa Clara County do not have sufficient capacity to meet edible food recovery needs.
To include options for increasing edible food recovery capacity, amounts of funding needed, and 12 Updated March 2021
DocuSign Envelope ID: D745A405- A1F5- 4737- B19F- ODEC19B71708 suggestions for funding options.
4. Documentation
Joint Venture will offer each jurisdiction relevant documents supporting its compliance with the Implementation Record including:
A description of the increases in commercial edible food generator access to food recovery organizations and food recovery services.
A list of food recovery organizations and food recovery services in the jurisdiction and their edible food recovery capacity.
Documentation of county -wide actions taken to increase edible food recovery capacity.
Recommendations for future years: funding/ time estimates to run the program, handbook for new entity, recommendations for funding streams, Recruitment Committee management, training of new staff.
Any other Documentation required for implementation record/ jurisdictional record- keeping.
S. Management
Continue projects related to the previous contract Scope of Work:
Manage the four (4) subcommittees of the Steering Committee relating to SB 1383 food recovery program tasks.
Continue to support work on a unified ordinance approach. All ordinances must facilitate edible food standards, county -wide data collection and capacity increases, at a minimum.
Continue to update the TAC on progress, and solicit input when necessary.
Work with the contractor creating the Santa Clara County Capacity Analysis to ensure that next steps on increasing capacity are implemented county -wide, with multiple strategies employed.
6. Develop Monitoring and Inspection Strategy
Implementation monitoring and feedback to TAC and the Commission.
Develop Inspection and Monitoring Strategy in conjunction with input from the Monitoring and Enforcement Subcommittee as well as other stakeholders.
Work towards the goal of all jurisdictions coordinating or approving a centralized, standardized approach.
13 Updated March 2021
DocuSign Envelope ID: D745A405- A1F5- 4737- B19F- ODEC19B71708
EXHIBIT B
SCHEDULE OF COMPENSATION RATES
ftrffww" n
25, 000 25, 000
Build data collection website, collect data, 30, 000 20,000 develop an incentive program to encourage
participation if necessary. Staff time, build
website- contractor time.
Maintain website, Santa Clara County Food 25, 000 15, 000 Recovery Organization list, Tier 2 ID, Manage
San Jose Conservation Corps outreach,
jtechnical assistance.
Based upon needs identified through the 10, 000 10, 000 Santa Clara County Capacity Analysis,
develop capacity building strategies to
support increasing capacity county -wide
Recommendations for future years: 15, 000 25, 000
funding/ time estimates to run the program,
handbook for new entity, recommendations
for funding streams, Recruitment Committee
management, training of new staff.
Documentation required for implementation
record, jurisdictional record- keeping.
Work with subcommittees, TAC, Food 5, 000 5, 000
System Alliance, and other groups to
integrate SB 1383
Develop, in conjunction with the 15, 000 25, 000
Enforcement and Ordinance Subcommittee,
a monitoring and inspection strategy, then
assist in the coordination of centralized
inspections and monitoring as needed.
125, 000 125, 000
14 Updated March 2021
DocuSign Envelope ID: D745A405- A1F5-4737- B19F- ODEC19B71708 Monthly Invoice amount is $ 10, 416 ( total yearly amount not to exceed $ 125, 000) If City staff approves additional scope of work beyond stated scope of services in Exhibit A, the hourly rate will be $ 120. 00 per hour. The amount for additional scope of work activities shall not exceed fifty thousand dollars ($ 50,000).
15 Updated March 2021
DocuSign Envelope ID: D745A405- A1F5- 4737- B19F- ODEC19B71708
EXHIBIT C
SCHEDULE OF PERFORMANCE
Deliverables:
August 31, 2021
Web site up and maintained with current information. Technical assistance provided to San Jose Conservation Corps and jurisdictions to complete outreach and education tasks, and all first-round education and outreach tasks completed. Tier 2 identified, and education process begun.
December 31, 2021
Interim report and presentation to TAC. Data collection tool designed, county -wide portions of the food recovery program ordinance complete, food recovery organizations and generator outreach and education complete. Monitoring and inspection strategy complete.
June 30, 2022
Input on Santa Clara County Capacity Analysis complete, with all items in Scope of Services on this topic accomplished. Recruitment Committee, for long- term program home, created.
August 31, 2022
Report to TAC on progress on all items within the Scope of Services. Items to jurisdictions for necessary reports. Data collection system fully functional and used for data collection.
December 31, 2022
Interim report to TAC. Permanent home identified, and all data collection tasks from Scope of Services completed. Long term home identified, draft handbook and transition materials created.
June 30, 2023
Final Report and presentation to TAC on all items within the Scope of Services. 16 Updated March 2021
2 CITY COUNCIL STAFF REPORT
MEETING DATE: June 1, 2022
PREPARED BY:
Matthew Mahood, Economic Development Director
APPROVED BY: City Manager
APPROVE AMENDMENTS TO IMPACT FEE FREEZE POLICY
RECOMMENDATION(S)
Accept Impact Fee Freeze Program update and amend the Impact Fee Freeze Policy to use the current fiscal year fee schedule at the time the agreement is executed.
Estimated Time:
COUNCIL PRIORITIES, GOALS & STRATEGIES
2022-2023 Strategic Priorities
Fiscal Sustainability
Economic Development
Guiding Documents
Economic Blueprint
Morgan Hill 2035 General Plan
REPORT NARRATIVE:
The proposed amendments to the Impact Fee Freeze Policy were introduced to the Community at the Budget Workshop on May 18, 2022.
Background
On June 21, 2017, the City Council approved an Impact Fee Freeze Pilot Program to promote economic development investment by locking impact fee schedules for commercial and industrial projects for a period of three years. This program is an economic development tool to attract commercial and industrial development by providing financial certainty to developers.
On July 15, 2020, the City Council formally adopted the Impact Fee Freeze Program and provided the City Manager the authority to approve agreements with a net impact of up to $100,000 that meet Program requirements. The program freezes impact fees at the Fiscal Year 2017-18 fee schedule and requires developers to pull building permits within three years and the project is required to repay the savings created within 10
2 years.
Staff recommends amending the program to use the current fiscal year fee schedule at the at the time of the agreement instead of the FY 17-18 fee schedule. While this reduces the incentive to the development community, it still provides certainty that the fees will be locked in at the time of the agreement. This change will allow the City’s impact fee fund to recover a greater amount and support the development of the City’s infrastructure.
Background
Impact fees applied to new development allow the City to continue to plan for long-term infrastructure including water, sewer, roads, and public facilities. Developers are required to pay the impact fee associated with the projected impact caused by that development.
Impact fees in Morgan Hill are high due to the cost of green field development—or development in undeveloped land that requires the initial investment for infrastructure development. In addition to higher impact fees, Morgan Hill is disadvantaged by lower rents which previously had not justified the cost of new construction.
The original Impact Fee Freeze Program establishes and locks the City’s Impact Fees using the FY 2016-17 rates for new industrial and commercial development provided the prospective development secures entitlements and submits for building permits within three years of the date of the agreement. In 2020, with a City Council update and review of this program, the base year was adjusted to FY 2017-18.
The savings afforded by the Impact Fee Freeze program are recovered through revenue generated by the project—a combination of taxes collected by each development that includes property taxes, retail sales taxes, business to business taxes, and/or transient occupancy taxes. The respective Impact Fee Funds get reimbursed from general tax revenues generated and collected by the development.
Analysis:
Since the approval of the Impact Fee Freeze Pilot Program in 2017, the City Council has approved nine (9) Impact Fee Freeze Agreements for eight developments. The table below provides a project description and the status of the project.
Previously approved Fee Freeze Projects
Project Approv
ed
Expiration Status Project
Healthworks
Bakery
4/4/201
8 6/30/20
20 Applicant Withdrew 17,152 sq. ft industrial building, headquarters for new baking
company
Bridge Group
Investments
(Shoe Palace)
10/17/20
18 6/30/20
20 Project in final construction
phases
503,400 sq. ft industrial building,
headquarters for Shoe Palace
2 Evergreen
Development
Company
10/17/20
18 6/30/20
21 Overall site construction
underway, Individual
projects under review
185,000 sq. ft proposed build out
Morgan Hill
Real Estate
(Towbin Dodge)
11/7/201
8 6/30/20
20 Project abandoned 36,652 sq. ft commercial building
for new car dealership
TBI-Mission
West II, LLC
(SV Glass)
12/5/201
8 6/30/20
21 Project completed 31,172 sq. ft. industrial building TBI-Mission
West II, LLC
Parcel K
(Carpenter’s
Union)
1/23/201
9 6/30/20
21 Project completed 55,000 sq. ft. industrial building to be used as a training and
education facility
TBI-Mission
West II, LLC
Parcel 1
(Madrone Plaza)
1/23/201
9 6/30/20
21 Proposed Project
Cancelled
2 hotels, site is being marketed for
other purposes
Applied Motion
Products
6/3/2020
6/30/20
22 Project completed 21,000 sq. ft industrial building, headquarters for a business-tobusiness operator
TSC Motors
(Cardinale -
Chrysler/Dodge/
Ram/Jeep)
12/2/202
0 12/31/2
023
Project under construction 27,000 sq. ft new vehicle
dealership
Staff recommends amending the program to use the current fiscal year fee schedule at the time of the agreement instead of the FY 17-18 fee schedule. While this reduces the incentive to the development community, it still provides certainty that the fees will be locked in at the time of the agreement. This change will allow the City’s impact fee fund to recover a greater amount and support the development of the City’s infrastructure.
The proposed Impact Fee Freeze Program Policy and eligibility criteria is in Attachment A.
The Impact Fee Freeze Incentive Program aligns with the Economic Blueprint Strategy #3 “Attract New Development,” Action #5, “Explore Incentive Programs to Attract Industry Specific Development.” Developers and end users are aware of the program.
COMMUNITY ENGAGEMENT:
The proposed amendments to Impact Fee Freeze Policy were introduced to the Community at the Budget Workshop on May 18, 2022. In addition, this staff report serves to inform the Community of the proposed amendments to the Impact Fee Freeze Policy.
ALTERNATIVE ACTIONS:
2 The City Council may provide alternative direction on the Impact Fee Freeze Program.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
On June 21, 2017, City Council approved the Citywide Impact Fee Freeze Program establishing Fiscal Year 2016-17 Development Impact Fees as the basis for the threeyear term for any new commercial/industrial development project that enters into a Development Agreement for an Impact Fee Freeze approved by City Council.
On February 21, 2018, City Council made a minor adjustment to the Impact Fee Freeze Program by changing the agreement structure to an Impact Fee Freeze Agreement from a Development Agreement.
On June 3, 2020, City Council approved an impact fee freeze agreement with Applied Motion products which also included directing staff to come back with an amended impact fee freeze program for June 17, 2020.
On June 17, 2020, City Council granted a 60-day extension to the current Fee Freeze Program for commercial and industrial projects and asked staff to bring back the proposed program at the next meeting and add an annual review of the program in the guidelines.
On July 15, 2020, the City Council formally adopted the Impact Fee Freeze Program (Attachment 1) as an ongoing City program and provided the City Manager the authority to approve agreements with a net impact of up to $100,000 that meet Program requirements. The base year was adjusted to FY 2017-18.
FISCAL AND RESOURCE IMPACT:
Each Impact Fee Freeze agreement is evaluated to determine the amount of savings a Fee Freeze agreement creates. In addition, an analysis of revenues is also determined to understand the payback period that it will take to replenish impact fees the project generates. Once individual projects become occupied, staff will be able to determine the amount of property tax, sales tax or other General Fund revenue generated.
Subsequently, a portion of those tax dollars will be set aside annually to pay back the impact fee funds. Estimated impacts will vary depending on how much impact fees grow over time. In addition, to create a uniform analysis, variable fees such as frontage fees and meters hookups are not included in the estimate.
The City receives new and/or additional General Fund revenue from new development in the form of increased property tax, sales tax and transient occupancy tax generation.
Due to the confidentiality of sales tax reporting, we are unable to share a specific business’s increase in sales tax collection in this report. However, property tax assessments and associated collections have increased in the projects that are completed and/or are near completion. The graph below shows the increased property tax assessments on 4 of the Fee Freeze projects with new property tax assessments.
2 The City receives 10% of the property tax collected.
CEQA (California Environmental Quality Act):
Not a Project
An Environmental Impact Report (EIR) for the Morgan Hill 2035 Project, which included the General Plan Update, was prepared in accordance with the California Environmental Quality Act (CEQA) and certified by the Morgan Hill City Council on July 27, 2016. Commercial and industrial development as discussed above is consistent with the general plan policies for which the EIR was certified. There is no substantial evidence, in light of the whole record, that freezing of impact fees may have a significant effect on the environment beyond that already analyzed in the certified EIR; therefore, no further environmental analysis is required. Any development that occurs in the future will undergo an independent analysis pursuant to the requirements of CEQA.
ATTACHMENT 6
City of Morgan Hill
Impact Fee Freeze Program Guidelines
June May 20202
The Impact Fee Freeze Program establishes and locks City’s Impact Fees using the FY 2017-18 ratesat the time of the executed agreement for up to three years for new industrial and commercial development provided the prospect development secures entitlements and submits for building permits within three years of the date of the agreement.
The Impact Fee Freeze Program is intended to support new commercial and industrial development that supports the City’s long-term economic sustainability goals identified in the City’s General Plan and Economic Blueprint by growing jobs, retaining and attracting new companies and generate positive tax revenue to the City caused by the development through new property, sales, and/or transient occupancy taxes.
Eligibility:
The Impact Fee Freeze Program is eligible for new commercial and industrial development within the City’s limits, except for developments that only support uses such as Mini-Storage Units, Stand-Alone Carwashes, Assisted Living, Memory Care, and Congregate Care Facilities or similar uses that do not generate added revenue for the City of Morgan Hill. Applicants must be a fee title owner or be under contract to purchase land.
Program Requirements:
1. Program participants must submit a request in writing indicating interest in the Impact Fee Freeze Program and identify goals of the speculative development, including type, size, location, and general timeframe of development.
2. Applicant must enter into a Fee Freeze Financing Agreement with the City of Morgan Hill agreeing to secure entitlements and submit for building permits for prospect development within three years of the executed agreement.
3. Applicant must provide the City with estimates of construction valuation, projected number of jobs and revenue generated by the uses.
4. Project must be able to generate revenue to repay the ‘savings’ caused by the Fee Freeze
ATTACHMENT 6
Agreement within 10 years of receiving a completion of the project and receipt of Certificate of Occupancy.
Other:
1. Impact Fee Freeze Agreements generating net savings of up to $100,000 can be approved by the City Manager; Impact Fee Freeze Agreements generating net savings more than $100,000 must be approved by the City Council.
2. The City Manager has the authority to modify the Agreement provisions except for the maximum amount, which requires City Council approval.
3. The City Manager may suspend this program at any time if it is determined that the Impact Fee Funds areis negatively affected by continuation of the program.
4. Impact Fee Freeze Agreements are assignable.
5. City Manager has the authority to amend Impact Fee Freeze Agreements for minor modifications and provide necessary extensions that do not exceed 24 months.
6. The City Manager shall provide an annual review and update of the program to the City Council.
6. Impact Fee Funds will be repaid with future tax revenue generated by the new development.
3 CITY COUNCIL STAFF REPORT
MEETING DATE: June 1, 2022
PREPARED BY:
Chris Ghione, Public Services Director
APPROVED BY: City Manager
APPROVE THE FOURTH AMENDMENT TO THE LEASE AGREEMENT
OF EL TORO BUILDING WITH COMMUNITY CHRISTIAN
RECOMMENDATION(S)
Authorize the City Manager to execute a lease amendment with Community Christian for the use of the El Toro Building.
Estimated Time: na
COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Maintaining and Enhancing Infrastructure
Supporting our Youth, Seniors, and Entire Community
Enhancing Diversity and Inclusiveness
2022-2023 Strategic Priorities
Fiscal Sustainability
Guiding Documents
Bikeways, Trails, and Recreation Master Plan
REPORT NARRATIVE:
On February 7, 2018, the City Council authorized the lease of the El Toro Building to Community Christian. As part of this lease, Community Christian was to provide space at the facility for the Alcoholics Anonymous and Narcotics Anonymous groups previously housed at the Friendly Inn Non-profit Center. The current proposal is the extension of the lease agreement for an additional 5 years.
This lease agreement has worked successfully for the last 4 years. During that time, Community Christian has significantly renovated the building and helped to transform the area. Additionally, Community Christian has taken on all costs associated with operating and maintaining the building, while allowing significant use by the community supporting organizations. Currently, Alcoholics Anonymous is supporting 250 visits per month and Narcotics Anonymous is supporting over 1,200 visits per month, with the organizations holding dozens of meetings. Community Christian has also used the
3 office space in the building to support their efforts in partnering with Second Harvest to provide food distribution four times per month, which supports over 6,000 families annually.
The current lease agreement is scheduled to expire in June of 2023. Community Christian desires to continue to make long-term investments in the building, which this lease extension would support. The lease of the site is provided at the low cost of $100 per month, as the lease requires a very significant amount of time to be provided to the community organizations using the site (at very low costs) and that all costs and liability for use of the site be transferred to the tenant. The agreement is viewed by City staff as a “win/win” scenario, in which the tenant is allowed to make significant repairs to a City facility for the City, while ensuring their investment and providing required support to other community organizations.
COMMUNITY ENGAGEMENT:
Not Applicable
This amendment was negotiated by City staff and the City’s tenant, Community Christian. This report serves to share the details of the amendment with the community.
ALTERNATIVE ACTIONS:
The City Council may choose to not approve the amendment and provide City staff with additional direction on use of the El Toro Building.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
On February 7, 2018, the City Council authorized the lease of the El Toro Youth Center Building to Community Christian.
On December 5, 2018, the City authorized the First Amendment to the lease authorizing significant long-term improvements to the building to be made by Community Christian.
FISCAL AND RESOURCE IMPACT:
There is no direct fiscal impact related to this action. The lease supports receipt of $1,200 annually. Should the City wish to take on management of the facility with continued use of the facility by the non-profit organizations currently using the site, it is anticipated that the City would need to appropriate $20,000 annually to support ongoing maintenance and operations.
Improvements made to the facility by Community Christian over the last four years are valued at over $100,000. Should the City request that Community Christian vacate the facility in the next six years, a limited payback to Community Christian of up to approximately $15,000 would be required to reimburse the organization for some improvements that have been made.
CEQA (California Environmental Quality Act):
Categorical Exemption
3 The planned maintenance and management of city facilities falls within the CEQA categorical exemption of Class 1, Existing Facilities.
5/3/22 $(
3XEOLF6HUYLFHV'HSDUWPHQW El Toro Building - 17620 Crest Ave 1 1
FOURTH AMENDMENT
TO LEASE AGREEMENT BETWEEN
THE CITY OF MORGAN HILL AND COMMUNITY CHRISTIAN
This FOURTH AMENDMENT (Fourth Amendment) to the LEASE AGREEMENT (”Lease Agreement”) between the City of Morgan Hill, a municipal corporation ("City"), and Community Christian, a non-profit corporation ("User") formerly known as First Baptist Church Morgan Hill, sets forth the respective roles of City and User in regard to use of City facilities and is made and entered into as of _________, 2022 ("”Effective Date”). Throughout this Agreement, City and User are referred to collectively as the "Parties" and individually as a "Party."
RECITALS
The following recitals are a substantive part of this Agreement:
1. This Fourth Amendment to Lease Agreement is entered into pursuant to the action of City Council taken on June 1, 2022.
2. Parties entered into that Lease Agreement made as of March 12, 2018, for the use of the City facilities described in that Lease Agreement.
3. On March 5, 2018, First Baptist Church of Morgan Hill formally changed its name to Community Christian.
4. Parties entered into a First Amendment to the Lease Agreement made as of December 20, 2018 (“First Amendment”), a Second Amendment to the Lease Agreement made as of April 25, 2019 (“Second Amendment”), and a Third Amendment to the Lease Agreement made as of November 4, 2020 (“Third Amendment”).
5. The Lease Agreement and the First Amendment, Second Amendment and Third Amendment are attached as “Exhibit “1” to this Fourth Amendment and made part of and incorporated herein.
AMENDMENT
Now, therefore, for mutual consideration the receipt and sufficiency of which is hereby acknowledged by the Parties hereto, the Parties hereby agree, all terms and conditions of the Lease Agreement, as amended and attached as Exhibit “1” shall remain in full force and effect, except that the following amendment shall be made as set forth below:
A. Paragraph 1. Term shall be amended and replaced in its entirety by the following:
1. TERM
The termofthisAgreement is effective from the Effective Date to June 30, 2027 ("Termination Date"). The termofthe Agreement maybe extended for up to five years by mutual consent of the Parties, and City's City Manager is authorized to extend the
term of this Agreement upon the same other terms and conditions contained herein on the Effective Date on behalf of City.
B. Signatures. The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective entities. ///
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Signatures on the Next Page
C. Conflicts. In the event of a conflict between the terms and provisions of this Fourth Amendment to Agreement and the terms and provisions of the Agreement or any earlier amendment, the terms of this Fourth Amendment to Agreement shall govern and control.
IN WITNESS THEREOF, these Parties have executed this Agreement on the day and year shown below.
AS SET FORTH IN CA. CORP. CODE § 313, TWO SIGNATURES ARE REQUIRED FOR CALIFORNIA CORPORATIONS:
(1) CHAIRPERSON OF THE BOARD, PRESIDENT, OR VICE PRESIDENT; AND (2) SECRETARY, ASSISTANT SECRETARY, CHIEF FINANCIAL OFFICER, OR ASSISTANT TREASURER.
ATTEST: CITY OF MORGAN HILL
City Clerk City Manager
Michelle Bigelow Christina J. Turner
Print Name Print Name
Date: Date:
APPROVED AS TO FORM: COMMUNITY CHRISTIAN
City Attorney By:
Donald A. Larkin
Print Name
Date:
Print Name and Title of Signer.
If Corporate: Chairman, President, or
Vice President
Date:
By:
Date:
Print Name and Title of Signer.
If Corporate: Secretary, Assistant
Secretary, Chief Financial Officer,, or
Assistant Treasurer
DocuSign Envelope ID: 8A4543B9- 3836- 4DC0- 9021- 929599F80AF6
THIRD AMENDMENT
TO LEASE AGREEMENT BETWEEN
THE CITY OF MORGAN HILL AND COMMUNITY CHRISTIAN
This THIRD AMENDMENT (Third Amendment) to the LEASE AGREEMENT (" Lease Agreement") between the City of Morgan Hill, a municipal corporation (" City"), and Community Christian, a nonprofit corporation formerly known as First Baptist Church Morgan Hill ("User"), sets forth the respective roles of City and User in regard to use of City facilities and is made and entered into as of ii/a/ zozo , 2020 (" Effective Date"). Throughout this Amendment, City and User are referred to collectively as the " Parties" and individually as a " Party."
RECITALS
The following recitals are a substantive part of this Agreement:
1. This Third Amendment to Lease Agreement is entered into pursuant to the action of City Council taken on February 7, 2018.
2. Parties entered into that Lease Agreement made as of March 12, 2018, for the use of the City facilities described in that Lease Agreement.
3. On March 5, 2018, First Baptist Church of Morgan Hill formally changed its name to Community Christian.
4. Parties entered into a First Amendment to the Lease Agreement made as of December 20, 2018 First Amendment") and entered into a Second Amendment to the Lease Agreement made as of April 25, 2019 (" Second Amendment").
5. The Lease Agreement and the First and Second Amendments thereto are attached as Exhibit 1" to this Agreement and made part of and incorporated herein.
AGREEMENT
1. Amendments. All terms and conditions of the Lease Agreement, as amended, as attached as Exhibit " 1," shall remain in full force and effect; except that the following amendments shall be made as set forth below:
A. Paragraph 1. Term shall be amended and replaced in its entirety by the following:
1. TERM
The term ofthis Agreement is effective from the Effective Date to June 30, 2023 Termination Date"). The term ofthe Agreement maybe extended for up to one additional year by mutual consent ofthe Parties, and City's City Manager is authorized to extend the term ofthis Agreement upon the same other terms and conditions contained herein on the Effective Date on behalf of City. User understands that City is contemplating the sale of the Premises, which may affectthe renewal term.
EXHIBIT 1
DocuSign Envelope ID: 8A4543B9- 3836- 4DC0- 9021- 929599F80AF6
2. Signatures. The individuals executing this Third Amendment represent and warrant that they have the legal capacity and authority to do so on behalf of their respective entities.
3. Conflicts. In the event of a conflict between the terms and provisions of this Third Amendment to Agreement and the terms and provisions of the Agreement or any earlier amendment, the terms of this Third Amendment to Agreement shall govern and control.
IN WITNESS THEREOF, these Parties have executed this Third Amendment on the day and year shown below.
AS SET FORTH IN CA. CORP. CODE § 313, TWO SIGNATURES ARE REQUIRED FOR CALIFORNIA CORPORATIONS:
1) CHAIRPERSON OF THE BOARD, PRESIDENT, OR VICE PRESIDENT; AND 2) SECRETARY, ASSISTANT SECRETARY, CHIEF FINANCIAL OFFICER OR ASSISTANT TREASURER.
ATTEST:
DDcuSigned by:
I,, 1( 1 644 ( 6"'
CQuterWkiuty City Clerk
Michelle Bigelow
Print Name
Date: 11/ 4/ 2020
APPROVED AS TO FORM:
DocuSigned by:
Donald A. Larkin
Print Name
Date: 10/ 29/ 2020
CITY OF MORGAN HILL
RDocuSigned by:
7{
t" - rwtux
C mama D...
Christina J. Turner
Print Name
Date: 11/ 4/ 2020
COMMUNITY CHRISTIAN
DocuSigned by:
I h, ( Ali ' ir
B WAD...
Kyle Windsor
Print Name and Title of Signer.
If Corporate: Chairman, President or
Vice President
Date: 11/ 12/ 2020
Date:
Print Name and Title of Signer.
If Corporate: Secretary, Assistant
Secretary, Chief Financial Officer or
Assistant Treasurer
DocuSign Envelope ID: 8A4543B9- 3836- 4DC0- 9021- 929599F80AF6 J2- 0,- 19-, a29
SECOND AMENDMENT
TO LEASE AGREEMENT BETWEEN
THE CITY OF MORGAN HILL AND COMMUNITY CHRISTIAN
This SECOND AMENDMENT ( Second Amendment) to the .LEASE AGREEMENT Agreement") between the City of Morgan Hill, a municipal corporation (" City"), and First Baptist Church Morgan Hill doing business as Community Christian, a non- profit corporation User"), sets forth the respective roles of City and User in regard to use of City facilities and is made and entered into as of April 25, 2019 ("" Effective Date"). Throughout this Agreement, City and User are referred to collectively as the " Parties" and individually as a " Party." The City and User entered into that Lease Agreement made as of March 12, 2018, for the use of the City facilities described in that Agreement. The City and User entered into a First Amendment as of December 20, 2018. The lease Agreement and the First Amendment are attached as " Exhibit " 1" to this Second Amendment and made part of and incorporated herein.
1. AMENDMENT:
Now, therefore, for mutual consideration the receipt and sufficiency of which is hereby acknowledged by the Parties hereto, the Parties hereby agree, all terms and conditions of the Agreement, as amended and attached as Exhibit " 1" shall remain in full force and effect, except that the following amendment shall be made as set forth below:
A. Paragraph 1. Tenn shall be amended and replaced in its entirety by the following:
1. TERM
The term ofthis Agreement is effective from the Effective Date to December 31, 2020 Termination Date"). The term ofthe Agreement may be extended for up to three and one- half years by mutual consent of the Parties, and City' s. City Manager is authorized to extend the term ofthis Agreement upon the same other terms and conditions contained herein on the Effective Date on behalf of City. User understands that City is contemplating the sale ofthe Premises, which may affect the renewal term.
B. SIGNATURES
The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective entities.
C. CONFLICTS. In the event of a conflict between the terms and provisions of this Second Amendment to Agreement and the terms and provisions of the Agreement or any earlier amendment, the terms of this Second Amendment to Agreement shall govern and control.
DocuSign Envelope ID: 8A454389- 3836- 4DC0- 9021- 929599F80AF6 CG
tcw
IN WITNESS ' I'H ERE, OF, these Parties have executed this Firgl Amendment on the day and year shoAlm below.
AS SET FORTH IN CA. CORP. CODE § 313, TWO SIGNATURES ARE REQUIRED FOR CALIFORNIA CORPORATIONS;
1) CHAIRPERSON OF THE BOARD, PRESIDENT, OR VICE PRESIDENT1 AND ( 2) SECRETARY, ASSISTANT SECRETARY, CHIEF FINANCIAL OFFICER OR ASSISTANT TREASURER.
ATTE
City Cler / lerc De ity City C1C
Michelle Wilson
Print dame
Date: fi I I I &I
APPROVED AS TO FORM:
Cfiy Attorney
Donald A Larkin
Print Name
Date:
CITY OFMO., N ILL
City 1\ 4 sager ager
Christina Tumer
PiintNarne
Date:
1 _
a5
Community Christian
By:
Print Xame and Title of Signer.
If Corporate: Chairman, President for
Vice President
By:
Print Name and/ ritle of Signer.
If Corporate: Secretary, Assistant
Secretary, Chief Financial Officer or
AssistantTreasurer
Date:
DocuSign Envelope ID: 8A4543B9- 3836- 4DC0- 9021- 929599F80AF6 FIRST AMENDMENT TO 'TH$E. LEASE AGREEMENT BE'T' WEEN
THE CITY OF MORGAN WILL AND COMM UNITY CHRISTIAN
This FIRST AMENDMENT TO AGREEMENT (" FIRST AMENDMENT") NT is made and entered into as ofthis 2s7 da of 'C ra gNA82Ul8 the EFFECTIVE DATE by and between the CITY OF MORGAN HILL,, a anumcipal .corporation (" CITY") and the FIRST BABTIST CHURCH MORGAN MILL DOING ;BUSINES AS COMMUNITY CHRISTIAN (" USER"), a California non- profit corporation.
ITEC- ITALS
The Parties intend that the following recitals are a substan AMENDMENT: tive part of this FIRST
1. This FIRST AMENDMENT is entered into based upon City of Morgan Hill City Council action taken on Dec eornbac 2•
AGREEMENT" ). CITYand USER entered an Agreement for the lease ofthe E1 Toro Youth Center Building The AGREEMENT is attached as E bit "B" to this FIRST AMENDMENT and incorporated herein by this reference.
AGREEMENT
FOR GOOD AND VALUABLE CONSIDERATION, TIDE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED BY THE PARTIES HERETO, THE PARTIES FURTHER MUTUALLY AGREE AS FOLLOWS:
Parties agreeT Amendments: Pursuant to the provisions of Section 9 of the AGREEMENT, :the that all ofthe terms and conditions of the AGREEMENT attached hereto as E ee xhibit
B , shall remain in full force and, effect except that'the parties hereto agree that the following B follows endments shad be made and incorporated into the AGREEMENT, as amended to date, as A. SECTION 1. 2 ofthe AGREEMENT, shall be amended to read in its entirety as follows:
1. 2 Termination of A eemmemt This Agreement may be terminated by either Party hereto for any reason upon thirty (30) days written notice to the other Party. City' s City Manager is authorized to terminate this Agreement on behalf of City. ty t1h2e, C Should the Iease agreement be terminated prior to ten years from the Effective Date tY Shall pay the User up to a maximum of $20,000 for improvements made for by the User during the agreement term. andcificall s t spe y approved in Exhibit A, so long a§ the User has provided the City proof of payment for the improvements and improvements have been should the
in
ement be terminated
with
r sale of
2.6. shall not be required.
Premises to the User.
DocuSign Envelope ID: 8A4543B9- 3836- 4DC0- 9021- 929599F80AF6 IN WITNESS WHEREOF, the parties to this. FIRST AAffiNDMENT have executed this AMENDMENT to be effective as of the EFFECTIVE DATE first set forth hereinabove.
ATTEST:
Michelle Wils D p City Clerk
Date --( 2,- I 7A IV
APPROVED AS TO FORM:
n Donald Larkin, City Attorney Date: _% -.: 2o - I k
2. CITY OF MORGAN
Christina Turner, Ci anger
Date: 2.
FIRST BABTIST CHURCH MORGAN HILI:
DBA COMMUNITY CHRISTIAN:
By: -; J
Title: n Dx f , f
Print Name and Title of Signer.
If Corporate: Chairman, President or
Vice President
Dater % ' ra,0,
By:
Title: _ f
Print Name and Title of Signer.
IfCorporate: Secretary, Assistant
Secretary, Chief Financial Officer or
Assistant Treasurer
Date: 4 f ) 8'
DocuSign Envelope ID: 8A4543B9- 3836- 4DC0- 9021- 929599F80AF6 Exhibit A
List of Approved Improvements
l'. Replacement ofwindows, window frames, and wail areas associated with windows,.
2. Floor coverings.
3; Structural repairs, including relocating Implacement ofwalls, improvements to ceilings and
4. Other improvements specifically intended to support the capital improvements intended to last for over 14 years, approved in writing by the City' s Community Services Director. 3
DocuSign Envelope ID: 8A4543B9- 3836- 4DC0- 9021- 929599F80AF6 EXHIBIT " 1"
LEASE AGREEMENT
BETWEEN THE CITU OF MORGAN BILL AND
COMMUNITY CHRISTIAN
This LEASE AGREEMENT (" Agreement") between the City of Morgan Hill, a municipal corporation City"), and First Baptist Church Morgan Hill doing business as Community Christian, a non- profit corporation (" User"), sets forth the respective roles of City and User in regard to use of City facilities and is made and entered into as of 64 A 61,411 1 2011 (" Effective Date"). Throughout this 11 Agreement, City and User are referred to collectively as the " Parties" and individually as a " Party." NOW, THEREFORE, for mutual consideration the receipt and sufficiency of which is hereby acknowledged by the Parties hereto, the Parties hereby agree as follows:
1. TERM
The term of this Agreement is effective from the Effective Date to June 30, 2019 (" Termination Date"), The term of the Agreement may be extended for up to five years by mutual consent of the Parties, and City' s City Manager is authorized to extend the term of this Agreement upon the same other terms and conditions contained herein on the Effective Date on behalf of City. User understands that City is contemplating the sale of the Premises, which may affect the renewal term. 1. 1. Holding Over. If User or any assignee or sublessee thereof continues to occupy the Premises after the term of this Agreement has expired or terminated in any manner and City has not objected thereto, such holding over shall be deemed a month to month agreement terminable on thirty ( 30) days' notice given by either Party (the " Hold -Over Agreement") on the same terms and conditions as provided in this Agreement:
1. 1. 1
Notwithstanding the foregoing, nothing contained in this Agreement shall give User any right to occupy the Premises at any time after expiration of the term of this Agreement or its earlier termination. User acknowledges and agrees that upon such expiration or termination, it shall not be entitled to any relocation assistance or payment pursuant to the provisions of Title 1, Division 7, Chapter 16, of the Government Code of the State of California ( Paragraphs 7260 et seq.) or pursuant to any other laws or regulations with respect to any relocation of its business or activities upon the expiration of the term of this Agreement, upon its earlier termination, or upon the termination of any holdover tenancy pursuant to this paragraph. User hereby waives and releases to City all rights, if any, to which User may be entitled under said provisions or other law or regulations.
1. 1. 2 If User or any assignee or sublessee thereof shall continue to occupy the Premises after the term of this Agreement has expired or is terminated in any manner and City has objected thereto, then City shall be entitled to reenter the Premises and enforce any other right available to it under the laws of California or the provisions of this Agreement.
1. 2
Termination of Agreement. This Agreement may be terminated by either Party hereto for any reason upon thirty (30) days written notice to the other Party. City' s City Manager is authorized to terminate this Agreement on behalf of City.
2. PROPERTY USE
2. 1. The Premiises. The Parties hereto acknowledge that City is the owner of The EI Toro Youth Center facility located at 17620 Crest Avenue, Morgan Hill, CA 95037 (" Premises"). City desires to
DocuSign Envelope ID: 8A4543B9- 3836- 4DC0- 9021- 929599F80AF6 use the Premises as a non-profit service center (" Center'!). The Premises Enhibit A. further described in are rt 2- 2.
El Toro YOqh Center Policy. The parties hereto acknowledge that a 2018 Policy Statement Of City' s City Council regarding the use of the El Toro Youth CenterFacility at the Premises states: The purpose ofthe' 131 Toro Building is to enhance the quality Of community life. It is the City' s . intent to provide subsidized space at the facility for non-profit organizations that strive to meet an identifiable, social service, Community need. The El Toro Youth Center Building is not intended to serve as a rental, event, or recreation center that directly competes with existing city services. The City Council anticipates partnering with organization leveraging resources to provide service to ( s) that, recognize the value in the CommunAT Partner organizatiou( s) shall support providing community -wide services And manage the facility in a manner that helps to support the adjacent Crest Street area. The City Council recognizes the fact that the' future need for and use of the facility may need to evolve overtime and intends to formally review the facility's purpose and tenants every five years.' ( the goals set forth by the City Council Policy Statement are collectively referred to herein as, the "Policy".)
2.3. Permitted .Use. City agrees to permit User to use the Premises to provide, services to the. community (" Program"), for the purposes, in the locations and manner, and subject to the terms and conditions described in this Agreement in fulfillment of the Policy. User shall not use or permit the Premises to be used for any other purpose without City' s prior written consent, which consent may be granted or withheld in City' s sole discretion.
2.3. 1 It, is further the Intent of this lease to require the User to provide space to other tenants, as further described herein in this Agreement, who also provide services to the community Subtenants). All subtenants must meet the eligibility criteria established in the El Toro youth Center policy adopted by City' s City Council in February 2018 to be considered for tenancy at the i User managing and allowing non- profit uses for former Friendly Inn tenants Is a specc consideration for the reduced rent proltided for in this Agreement.
2. 3. 2 User shall accommodate use by other non -profits, including Alcoholics Anonymous (AA) and Narcotics Anonymous ( NA).
User shall be allowed to charge NA and AA rent ata level equal to the current use fees paid by those organizations to the User.
Rent for NA shall be $ 280 per month.
Rent for AA shall be $ 300 per month.
2.3. 2. 1 AA and NA shall be provided at least the main conference room or an alternative space for the scheduled meetings currently occurring. Meeting schedule is attached as Attachment 1. Alternate locations to be approved by NA or AA. New meeting times or changes to meeting times to be approved by User,
2. 3.2. 2. AA and NA to be provided 50 square feet of locking storage space within the El Toro Youth Center.
2.3.2.3. User shall be allowed to sublease to other organizations with written approval from the City.
2. 3. 3 City shall be entitled to 20 use hours per year for meetings and programs at the facility during times not in use by User, NA or AA. City may utilize additional hours at established fees to be negotiated by the Parties. 9
DocuSign Envelope ID: 8A4543B9- 3836- 4DC0- 9021- 929599F80AF6
2. 3.4 User shall provide to City an annual report on operations. Report to include: o Programs/ activities offered o Program costs for participation o
Financial assistance provided o
Demographic information Including location of youth served (if possible)
2.3. 5 Parking for the El Toro Youth Center is available at the adjacent Gaivan Park public parking lot. Participants in programs offered out of the EI Toro Youth Center shall be allowed to park in thepc
but will not have any priority over general members of the public utilizing the 2:3.6 Compliance with "'No Smoking Lawn" ( 2003 Assembly Bili 846) User shall ensure that the with Premises sectionare7596), in compliance as may with Government Code Title 1, Division 7, Chapter 32 (commencing amended from time to time, and, if necessary,, shall modify the Premises to comply with the law and the regulations promulgated to implement 2003 Assembly Bill 846, as well as Morgan Hill Municipal Code Chapter 8.44.
2. 5: :" As Is" Condition. User accepts the Premises permitted for its use under the Agreement in its present condition, " as is" and subject to (1) all easements, covenants, conditions, restrictions, reservations, rights of way, liens, encumbrances, and ;other matters of record, (2) all matters discoverable by physical inspection of the Premises orthat would be discovered by an accurate otherwise, The talon of User has notice constructive or survey of the Premises, an
ossess l of the
User or of
whichn g p (
3) all matters known '
Premises shall in itself, co r
constitute by
undertake rations, or ctpr vements to the Pre
t Ci not agreed tc
User that the Premises is in a conditions o for its u City has provided In this Agreement. User specifically acknowledges p specifically rtalte any modifications alterations, oe im
mesas except as s ecific
p Y g . that, except as otherwise may be.
Premises, the i ed herein,. City has made no representations concerning the condition of the expressly p
p Y proved
fitness of the Premises for User' s intended use, or the compliance of the Premises with handicapped person, including, without limitation,
taws; regulations,
s iIth
lines
an federal, ate or local building codes or ordinances
regardingdisabled or bandit g the Americans with Disabilities Act of 1990.
2. 6. Maintenance Repairs and Alterations User shall, at its own cost, keep and maintain the interior and exterior of the Premises including, but not limited to, all fixtures, in good repair and condition. lawful Mi all exterior landscaping, caping, all' windows, the mechanical, plumbirgfre sprinklers, and electrical equipment serving the Premises, and the structure itself in reasonably Useshall good order and condition, excluding normal wear and tear, caused by User. Damage by of rh repaired by User at User' s expense. The standard of maintenance shall be equal to that y office buildings of a similar class in Morgan Hill. Proof of maintenance of systems must alarm be submitted system. to the City quarterly, including but not limited to fire backflow, fire sprinklers, and fire
2.6.1: City Inspections. A minimum of quarterly maintenance inspections of the Premises will be conducted Y the City, er in a mannIf after thirty (30 ler. addresswritten
deficiencies outlined to the inspection reports
om City, User failed to commence and diligently pursue completion of) no
any and all maintenance,
nte, eplacement,
s
and repair which may be required to restore the Premises and any of its fixtures, equipment, and mechanical systems as' a result of the neglect of or loss or damage caused by User or any of 3
DocuSign Envelope ID: 8A4543B9- 3836- 4DC0- 9021- 929599F80AF6 its officers, employees, agents, invitee or licensees
have the
orw
or otherwise results from User's use ses, then
maintenance,
replacemenf the it, and repair at User' s expense and User but not
l
duty, to perform such,
costs promptly upon City' s written demand. The
City for.such
City shall,
Unless
event, be construed ty,
of maintenance and repair
re
Cit shall in no ev , d as a waiver of User's du to maintain and repair P City' s written approval has been first Y
it as here
ed in each instance, User shall not
alter the point of supply of any utilities in the Premises. User shall indemnify, defend, and hold City against ' g Y ' lure to com ly armless Ci
a ainst all actions claims, and damages b reason of User' s fay p with and perform' the provisions of this section. Within one week of the effiective' date of this agreement an initial tion e conducte condition of the pemises. cConditionslboutl outlined in the initial pepremection
lse and to
ection shall
identify the existing, P not be noted as deficiencies in future inspection, reports written permission ,, Improvements,
ditions or improvements to the Premises P
rations. User may make no without r wr of City. plomust be approved by the City' s Alterations.
Community Service, Community p o written requests foralterations, s Director. The Com, .
q (
Building alteratio s, additions or improvements within 30 days. All required it muni Services Director shall respond t Y q d permit fees
furnished in an repairs or an
pay furnished abor done and materials Permits),are
y permitted alterations additions, or'
1! I
y
responsibility of User. User shall a for a
Premises. Upon User' s completion of any improvements within.the Premises, User shall furnish to City a set of reproducible, finai as built' drawings of any and, all such alterations, additions, or P waives the right to matte repairs at the expense of City or, in lieu thereof, to vacate the Premises, and waives the benefit of the provisions of Paragraph 1941 and ogheeafte Californi Civil Code or anysuccessor statute thereto and an other similar law now
2.6; 3 Liens or Encumbrances.
chatsoever by or through User, l
and clear of any liens or encumbrances of an kind,
any such liens or
encumbrances are filed, User shall not be deemed to be in default if,such liens orencumbrances g option, sq City shall have the right and o tion but not the duty, to pay or otherwise if User fails to da
ave been
film thereof.,
re discharge, stay or
remove of record within forty-five 45 days of the
prevent have waived the execution of any liens or encumbrances. In such event, City shall not be deemed to reimburse City for all sums expend dsin connection with such liens or A reement+ and Usershall City' s right
cumbrances, including
30 days after City' s written demand for y such rpayments, fees, lco a due and payable ten City' s reasonable attorney' s fees and cost f V n 5t5.
e. User not nor permit to
Premises, or arty on anylnuisances or illegal activities the Premises. any waste upon the
Use s User' s Property. Any and all property belonging to or brought onto the Premises by Y employees, la personal property of
the sole .risk of or an of its officers, em to ees agents, invitees, or licensees shall be User. User is herebyadvised and understands that the p p tenants, y ' f User, and any of its y y g Y es no liability for such loss. Subject to Cit sh ht of approval, User may lace and in for either damage or loss and the Cit assumes 1 V' g Pproval YP stall trade fixtures and other personal property use User. User she
operations hereunder and the same shall and remain
Premisess or use in connection with its o
p
of repairing any damage to the Premises or any other improvements of City which for the cost. property It however, be responsible
h are caused by the removal of any such trade fixtures and personal property. Notwithstanding the foregoing, however, if User shall at any time be in default hereunder, then City shall have the benefit of 4
DocuSign Envelope ID: 8A4543B9- 3836-4DC0- 9021- 929599F80AF6 any Statutory liens on User' s property, 16 ' cated in the Premises which are available to City under the laws of the State of California and User shall not remove or permit the removal of'an , y of such property until all amounts secured by such liens have beenI paid and all other defaults
under this Agreement have been cured.
2. 6. 6, City s tight to EntpL, City and its designated agents, siall have the right to enter any andI
all part or spaces on the Premises at any reasonable time for nspection, maintenance, repair attending to emergencies or any other reasonable purpose.
2. 7. Rules and Reaulatlons, User covenants and agrees to observe and comply regulations of Cityincluding all safetysecuritand oationshwiteatwhi now exist or may hereafter bepromulpted from time to time, governing conduct on and operations at the Premises and the use of facilities At theCenter. User further covenants and agrees to observe and comply with any and all valid and applicable requirements of all d , uly-ponstituted''public authorities and with all federal, State,and local statutes, ordinances, and regulations appli cab le to, User, the PremisesorCity; User agrees, to, pay or reimburse City for any fines which may be assessed against City as a result I oft violation by User of any applicable Security regulation at City, which payment shall be made by User within fifteen ( 15) days from receipt of'C!tVs Invoice for such amount.
Documentationshowing that payment of such fine Is User' s responsibility hereunder:
2. Waiver of Damage. User h6rel y expressly waives and releases any cause of action or right of recovery for compensation for any and all loss or damage sustained by reason of any fire, defect, deficiency, or impairments of any of the services in or to the Premises or City, including, but not limited to, 1): electrical power, gap, telephone service, steam, heatin'g, air conditioning, water supply, drainage, or sewage systems2) from wires leading to or inside ofany space or' structu I re, or 3) by, reason of any loss resulting from the failure of any such' system or fa ' Y' is due to the sole negligence or willful misconduct cilit unless such loss or damage conduct Of City or its officers, agents, or employees,
2. 9. End of Term, At the end of the term or upon the earlier termination of this Agreement, User shall deliver to City Possession of the Premises and all of the fixtures and equipment of City in their original condition In all respects, reasonable use and wear excepted. User agrees to reimburse Cit I
y for the cost of
11 any a Iterations", :replacement, repairs or cleaning required to restore the same to such condition provided, however, in the event User has caused any afterations, additions, or improvements to be made to the Premises, including, but not limited, to the addition, relocation, or removal of partitions and doorways ( which such alterations or improvements shall be made at User' s c cost and onlywith the prior express written approval of City in each instance), City may elect, with respect to each such alteration, addition.. or improvement, to accept it as it was at the time it was made or constructed, reasonable use and wear excepted, or to require the same to be restored to its original condition at User' s expense.
Momlis-crominavion. ' User covenants by and for itself, its heirs, executors, administrators, and assigns, and all persons claiming under or through them, that this Agreement is made and accepted upon and subject to the following conditions: there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, gender, sexual orientation, marital status, national origin, or ancestry, in the leasing, subleasing, transferring, "use, occupancy, or enjoyment of the portion of the Premises herein leased nor shall User, or any person claiming under, or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, invitees, permittees, subtenants, or vendees in the portion of the Premises herein leased. 5
DocuSign Envelope ID: 8A4543B9- 3836- 4DC0- 9021- 929599F80AF6
2. 11. Hazardous Materials. User shall not keep or maintain any Hazardous Substa Premises without Cit ' s prior written 'approv I nce on or in the al. Uset' shallnot keep or have on the Premises any article or thing, of a :dangerous flammable, or eXplosive character that might unreasonably' increase the danger of fire on the Premises. User shall promptly give -notice to City of any Hazardous Substance dispersal, spill, or Hazardous Substance claim of 'which it is aware. User shall defend, with counsel acceptable to City, indemnify and hold City harmless from any and all claims, costs, damages, pprialtiet, or liabilities ' arising out of the use or release of any Hazardous Substance at, in, or on the, Premises datedfrom the time the User occupied the Premises. The term "' Hazardous Substance' as used in this Agreement shall mean any products, substances, chemical, material, or:waste whose presence, nature, quantity, / or intensity of existence, use, manufatture, dis osal, transportation, spill, release, or effect, either b p y itself ovin combination with other materials expected to be on the Premises, is either (a) potentially injurious to the public health, safety, or welfare, the environmental, or the Premises, ( b) regulated or monitored by any governmental authority; or (c) a basis for liability of City to any governmental agency or third party under anyapplicable statute or common law theory. Hazardous Substance shall include, but is not be limited to, hydrocarbons, MTBE, petroleum, gasoline, crude oil, or any products, by- products, orfractions thereof.
2. 12- 9213es Reserved Rights
2.12. 1 City reserves the right for 'itself and others to utilize and maintain existing utility easements over, under, across and through the Premises and to run water, electrical, telephone, gas, drainage, communications and other lines over, under, acrossi and through the Premises and to grant necessautility easements therefore.
2. 12.2 City reserves the xight (a) to further develop, improve, repair and..alter the Premises and all facilities and buildings as it may see fit, free from any and all liability to User for loss of business or damages of any nature whatsoever to User occasioned: during the making of such improvements, repairs, alterations, and, additions, including, but not limited to, any damages resulting from negligence of City or its employees, agents or contractors, and ( b) to establish such fees and charges for the use of the Premises.
2. 13. Destruction of lPiremises. In the event the Premises are partially destroyed from any cause, City shall have the right to repair the Premises without providing, any alternative space for User. If the repairs cannot be made within one hundre ! d eighty (180) days, this Agreement may be terminated at the option of either Party by written notice given to the other Party. In the event the Premises suffer the destru ction of more than twenty-five percent ( 25%) of the replacement cost or in the event Insurance Proceeds are not sufficient to cover at least ninety percent (90%) of the cost of repairs, City may elect to terminate this Agreement. City shall not be obligated to replace any of the User's personal property which may be damaged or destroyed.
3. FEES AND CHARGES
3. 1. Rent. As consideration for User' s use of Premises pursuant to the terms and conditions of this Agreement, User agrees to Pay to City one hundred dollars ($100,00) per . month on the Effective Dateain in
on the first of the month thereafter "during such time as this Agreement continues to rem.
3. 2
Building Service Charges. User shall pay all Builclinl; Service Charges. " Building Service Char es" shall include charges and fees for utility charges (electricity, water and sewer), trash
1.1
DocuSign Envelope ID: 8A4543B9- 3836- 4DC0- 9021- 929599F80AF6 collection, if any, Property insurance premiums for the Premises, personal property taxes, reception services operation of community rooms, and cost of on- site personnel employed by the User, if any; to implement maintenance or services. User shall be responsible for obtainingand paying for any other Utilities (including, without limitation, telephone, cable, wireless Internet service) as is necessary for User' s use of the Premises.
4. INSURANCE REQUIREMENTS. Useushall procure and provide proof of the insurance Coverage required by this section in i m of certificates and endorsemehts. The required insurance must cover the activities of Userncluding liability for damage or Injury to the property or person ( including, death) of any User or invitee of User or any other person entering upon or using the Premises, or any structure thereon, or any part thereof, and arising from User's use and occupancy thereof, and must remain in full force and effect at all times during the period covered by this Agreement, The coverages may be arranged under a single policy for the full limits required or by a combination'of underlying policies with the balance provided by excess or ' umbrella" policies, provided each such policy complies with the requirements set forth herein. User further understands that City reserve ' s the right to modify the insurance requirements set fo ' rt herein, with thirty (30) days' notice provided to User, at any time as deemed necessary to protect the interests of City.
4. 1. Insurance t es and Amounts.
4. 1. 1. Commercia[ Gerierall.labikftK199i1 User shall maintain CGL against claims and liabilities for personal injury, death, or property damage providing protect'ion, in the minimum amount of.
I) one million dollars ($ 1, 000, 000. 00) for bodily, injury or death to a ny one person for any one accident or occurrence and at least five hundred thousand dollars ($500,0oo.o6) for property damage, or (!I) the maximum amount of such insurance available toUser under User' s combined insurance policies ( including any excess or " umbrella' policies), whichever is greater.
4. 1. 2. Automobile Liability,. User shall maintain Automobile Liability covering all owned, non - owned, and hired automobiles ( if User doesriot own automobiles, then Non- owned Automobile Liability) against claims and liabilities forersonal, Ulinjury, death, or property damage providingprotection in the minimum amount of: (1) one million dollars 1, 000,000.00) for bodily injury ordeath to any one person for any one accident or occurrence and at least five hundred thousand dollars ($ 500, 000. 00) for propert property damage, frl or (H) the maximum amount of suchinsurance available to User under User' s combined insurance policies including any excess or ' umbrella" policies), whichever is greater.
4. 1. 3. Workers' Compensation Insurance and Employer' s Liability, User shall maintain Workers Compensation coverage, as required by law, in the minimum amount of: (I) one million dollars ($ 1,000,000.00) for anyone accI ident or occurrence, or (ii) the maximum amount of such insurance available to User under User s combined insurance policies (including any excess or umbrella" I policies), whichever is greater. If User is self-insured, User shall provide its Relations
Certificate of Permission to Self -insure, duly authorized by the Department of Industrial
4. 164. Othe Liability Insurance If the User' s activity outlined in Section 2.3 ( Permitted Use) involves contact with minors, Usershall procure and maintain Sexual Abuse and Molestation insurance in the minimum amount of: (I) one million dollars ($ 1, 000, 000. 00) each claim, or (il) the maximum amount of such Insurance available to User under User combined insurance policies ( including any excess or " umbrella" policies), whichever is greater.
DocuSign Envelope ID: 8A4543B9- 3836- 4DC0- 9021- 929599F80AF 6
4. 2. Endorsements. User shall provide proof of the following endorsements, listed for each policy for which endorsements are required, as outlined below:
4. 2. 1. General Liability,
4. 2. 1, 1, The City of Morgan Hill, Its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers are named as ad I
ditional insureds;
4.2. 1. 2. the insurer waives the right of subrogation against the City of Morgan Hill and the City's elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers; and,
4.2- 1-3. insurance shall be primary non-contributing.
4. 2. 2. Workers Compensation.
The insurer waives the right of subrogation against the CV elected or appointed officials, boards It of Morgan Hill and the City's volunteers. agencies, officers, agents, employees, and
4. 3. Otipallficationo Insurers. All in
required pursuant to this Agreement must be issued by' a company licensed and a ' dmitted ', or otherwise legally authorized to carry out insurance business in the State of California, and each insurer must have a I
current A.M. Best' s financial strength 'rating of "A" or better and a financial size rating of 'Vill' or better.
4.4. Certificates, User shall furnish City with copies of all policies or certificates as Outlined herein, whether new or modified, promptly upon receipt. NO Policy subject to this Agreement shall be canceled or materially changed except after thirty (30) days' notice by the Insurer to City. Certificates, including renewal certificates, may be mailed electronically to ris]([email protected] or delivered to the Certificateflolder address as follows:
City of Morgan Hill
Attn: Risk Management
175.75' Peak Avenue,
Morgan 'Hill, CA 95037
5. INDEMNIFICATION
User agrees to indemnify, defend, and hold harmless City, ' its governing board ( includingo without limitation, members of the City Council), officers, employees, and agents, including the Manager in its functional theagent of City, from and against all liabilities, losses, suits, claims, demands, judgments, damages, fines, penalties, -costs, and expenses ( including attorney' s fees and costs), which may be incurred by, charged to, or recovered from any of the foregoing (I) by reason or on account of damage to or destruction of any property of City, damage to any property of, injury toor death of any person resulting from or arising out of the User's use, operation, occupancy, or maintenance of the Premises or any improvements thereto, or the actsor Omissions of User' s officers, agents, employees, contractors subcontractors, invitees, subtenants, or licensees, regardless of where the damage, destruction, injum' or death occurred, unless such liability, loss, suit, claim, demand, judgment, damage, fine, penalty, cost, or expense was caused by City' s sole negligence or willful misconduct, or (ii) arising out of .the failure of User to keep, observe, or perform any of the covenants or agreements in this Agreement to be kept, observed, or performed by User. In carrying out its obligations hereunder, User shall use counsel, reasonably acceptable to City's City Attorney. The provisions of this Paragraph shall survive the 8
DocuSign Envelope ID: 8A4543B9- 3836- 4DC0- 9021- 929599F80AF6 expiration or earlier termination of the term ofthis Agreement The
q. ACCESS
Premises
during
DISCLOSUK
have
the
not
term
undergone
of this Agreement.
an inspection by
with respect to any acts or
a Certified Access Specialist ( CASp), andI
a disability
accessinSp ection certificate, as described in,subdivision (e) of Section 5'5. 53 of the California Civil Code, has not been issued for the Premises. In accordance with Section 1938 of the California Civil Code, Tenant of the following: " A Certified Access: Specia list (C -ASP) cap inspect the subject premises and determine whether t L
he subject premises comply with all of the applicable construction -related accessibility standards under state Iaw.,Although stat,eiaw does not require a CASp inspection of the subject obta ' premises, the commercial property'owner or lessor 'may not prohibit the lessee or tenant from g a CASp inspection of the subject premises for the occupancy or po I
tential occupancy of the lessee or,tenant, if requested by the lessee or tenant. The parties shall mutua I
Ily agree on the
arrangements for the time and manner of the CASA inspection, the payment of the fee for the CASA. inspection, and the cost of making any, repairs necessary to correct violations of construction -related accessibility standards within the premises." Accordingly, the Parties hereby agree that Tenant shall have the right, but not the obligation, to have a CASp inspect the Premises and determine whether the Premises complies with all of the applicable construction related accessibility standards under state law.
If it is determined that the Premises do not meet all applicable construction -related 'accessibility standards, then Tenant shall promptly make, as soon as reasonably possible, but subject to Section 10 hereof, any repairs necesslary to correct violations of co,nstruction-related accessibility standards identified by such inspection, at Tenant' s sole cost and expense.
7. DEFAULT
in the event that (a) User or any of its officers, employees, agents, Invitees, subtenants "or licensees violates any other term, covenant or condition of this Agreement and such violation continues beyond thirty (30) days after City has given written notice thereof to User, or If the nature of the cure of such term, covenant or condition reasonably requires more than thirty (30) days to remedy, if User does not commence the cure of such term, covenant or condition within such thirty (30) day period and diligently pursues such cure to completion thereafter, ( b) User ceases to use the Premises or to operate its services as set forth in this Agreement beyond ten ppointed itygwritten notice to resume operation, or (c) if a trustee or receiver is atotake possession of substantially all of User's assets located in the Premises or of User's' interest in this Agreement, where possession is not restored to User within thirty (30) days, then in any such event User Will be:in default under this Agreement. On the occurrence of any such default, City may elect to terminate this Agreement (which termination shall only be evidenced by,a:written notice of termination from City to User) and resume possession of the Premises, thereafter using the same for Its own purposes without having to account to User therefore, and User shall immediately return to City all unexpended and unencumbered funds vided to User by City undert,his Agreement.
a. WAIVER
The waiver by either Party of a breach by the other Party of any agreement herein shall not be deemed to be a waiver by that Party of any covenant of this Agreement. Such waiver by either Party shall not constitute a waiver of any future breach by the other Party of the same or other covenants of this Agreement,
9. AMENDMENTS
Amendments to this Agreement may be made by written mutual agreement between the Parties.
DocuSign Envelope ID: 8A4543B9- 3836- 4DC0- 9021- 929599F80AF6
10. AtSIGNMENT A14D SUBLETTING
Except as otherwise provided herein., User may not assign this Agreement or any of the rights granted to it hereunder or sublet the Premises or any portion thereof without the prior written consent of the City. Subtenants El Toro Youthmust Center- meet the eligibility criteria established in the PolicVto be considered for tenancy at the il. SUC ' CESSORS' A?Jll) ASSIGNS.
This lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors, and assig I
ns of , User.
22- DOCUMENT REVIEW
Usthe Program available forainspectonto to . er will, upon reasonable dvance writteCityn notice from City, make books and other documents relating
NOTICES
Any notice or instrument We required Or permitted to be given hereunder shallbe deemed received upon t days afterdeposit in any United States mail depository, first class n
prepaid and addressed to he party for whom intended. ostage For City: City Manager
City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037
Copies to: City Attorney
City of Morgan Hill
17575' Peak, Avenue
Morgan Hill, CA 950,37
For User; Community Christian
305 W. Main Avenue
Morgan Hill, CA 95037
Correspondence other than notices may be given by phone, regular mail, email or facsimile through the Community Services Director or his or her designee,
14. SEVERABIUTV
The partial or total Invalidity of one or moreparts of this Agreement will not affect the intent or validity or remaining parts of this Agreement.
15. JURISDICTION; GOVERNING LAW
Jurisdiction over any disputes arising out of this Agreement shall be vested In the courts of the County of Santa Clara, State of California, and the provisions of this Agreement shall be interpreted under and according to the laws of the State of,Califprnia.
16. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Parties hereto with respect to the subject matter hereof, and any representation or statements heretofore or contemporaneously made with respect to such subject matter, whether oral or written, are merged herein. 10
DocuSign Envelope ID: 8A4543B9- 38364DC0- 9021- 929599F80AF6
17. COUNTERPARTS
This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement.
19. SIGNATURES
The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective entities. rrr
11
DocuSign Envelope ID: 8A4543B9- 3836- 4DC0- 9021- 929599F80AF6 year shown IN WITNESS below. THEREOF, these Parties have executed this Agreement on the day and AS ' SET FORTH IN CA, CORP. CODE § 313, TWO SIGNATURES ARE REQUIRED FOR CALIFORNIA CORPORATIONS:
2) CHAIRPERSON OF THE BOARD, PRESIDENT, OR VICE PRESIDENT; AND 2) SECRETARY, ASSISTANT SECRETARY, CHIEF FINANCIAL OFFICER,OR ASSISTANT TREASURER, ATTEST.
I y Cie DD City erk
Michelle Wilson
Print Name
Date.
APPROVED AS TO FORM:
Ci Pkfto6mey i
Donald A. Larkin
Priiii -Mame
Date: - 3 - 5- iR
12 CITY OF MOROAftHILL
City
Christina Turner
Print Name
Date: alla&
Community Christian
By:
Ad6- vlolme
PrInt Name and Title of Sign; r.
If Corporate: Chairman, President or
Vice Preside t
Date:
By: jV
Pr nt Name and Title of Signer.
If Corporate: Secretary Assistant
Secretary, Chief Financiai Officer or
Assistant Treasurer
7/
Date: 17 // p_
DocuSign Envelope ID: 8A4543B9- 3836- 4DC0- 9021- 929599F80AF6 EXhibit A
Premises
Premises are located at 17 666 Crest Avenue, Morgan Hill, California 85037 13
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4 CITY COUNCIL STAFF REPORT
MEETING DATE: June 1, 2022
PREPARED BY:
Angie Gonzalez, Council Services Assistant
APPROVED BY: City Manager
APPROVE THE MAY 18, 2022 CITY COUNCIL MEETING MINUTES
RECOMMENDATION(S)
Approve the May 18, 2022 City Council Meeting Minutes.
Estimated Time:
COUNCIL PRIORITIES, GOALS & STRATEGIES
REPORT NARRATIVE:
COMMUNITY ENGAGEMENT:
ALTERNATIVE ACTIONS:
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
FISCAL AND RESOURCE IMPACT:
CEQA (California Environmental Quality Act):
City Council
Meeting Minutes
Rich Constantine - Mayor
Gino Borgioli - Mayor Pro Tem
John McKay - Council Member
Yvonne Martinez Beltran - Council Member
Rene Spring - Council Member
Wednesday, May 18, 2022 6:00 PM
Virtual Meeting
Link to join the meeting can be found below
SPECIAL/REGULAR MEETING
A special meeting of the City Council was called at 6:00 p.m. for the purpose of conducting a closed session.
SPECIAL MEETING
6:00 p.m. Closed Session
CALL TO ORDER
Mayor Constantine called the City Council meeting to order at 6:00 p.m.
ROLL CALL ATTENDANCE
City Clerk Michelle Bigelow called the roll.
DECLARATION OF POSTING AGENDA
City Clerk Michelle Bigelow declared the posting of the agenda.
CLOSED SESSION
Outside Counsel Gary Baum announced the closed session item.
OPPORTUNITY FOR PUBLIC COMMENT
May 18, 2022
2 Public comment opened at 6:02 p.m.
Joe Baranowski was called to speak.
There being no further requests to speak, public comment closed.
ADJOURN TO CLOSED SESSION
Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation (Govt Code § 54956.9(b)): (One Case) Alleged violation of the California Voting Rights Act and the FAIR MAPS Act.
City Attorney Larkin announced that this matter is being brought forward pursuant to a court order. He withdrew from the litigation under rule 1.16B1.
The meeting adjourned to closed session at 6:05 p.m.
REGULAR MEETING
Outside Counsel Gary Baum announced that there was no reportable action from the closed session.
PROCLAMATIONS
Mayor Constantine announced the proclamations.
Proclaiming the week of May 15-21, 2022 as Public Works Week Proclaiming the week of May 15-21, 2022 as Emergency Medical Services Week Proclaiming Saturday, May 21, 2022 as Kids to Park Day
Proclaiming the Month of May 2022 as Older Americans Month Proclaiming the Month of May 2022 as Asian American Pacific Islander Heritage Month
CITY COUNCIL REPORTS
Council Member John McKay shared an update on grants the City has received. He spoke about his work on the Housing and Community Development Advisory Committee and announced that the City received a Community Development Block Grant in the amount of $300,000 to renovate the restrooms at Galvan Park and some funding for the El Toro Youth Center. He announced that the South County Regional Wastewater Authority facility was recognized by the Monterey Bay Region of the California Environment Association. They were awarded Plant of the Year, The Best Sewage Treatment Plant of the Year, Safety Plant of the Year, Sergio Villegas was awarded Operator of the Year, and Joshua Donald received the Gimmicks and Gadgets Award. He shared that he and the Mayor attended the Cal Cities Leader Summit where they were able to speak out to legislators. They asked for $500 million for a private/public partnership to develop more housing and $180 million to work on
May 18, 2022
3 environmental projects to focus mostly on recycling.
CITY MANAGER'S REPORT
City Manager Christina Turner shared that this week we have been honoring National Police Week and National Public Works Week and invited the community to honor the Public Works team at Community Park on Thursday, May 19th from 10:00 a.m.- Noon, where they will be displaying some of the machinery they use. She encouraged the community to stop by the energizer station for Bike to Wherever Day this Friday, May 20th between 11:30 a.m. and 4:00 p.m. She spoke regarding the Hygiene donation drive, Lend a Hand, that is being led by the Youth Action Council and the Edward Boss Prado Foundation. They are collecting full-sized items such as shampoos, toothpaste, deodorant, brushes, etc. You can drop off your donations at the CRC welcome desk.
She concluded by inviting the community the Pride Flag raising ceremony on Saturday, May 21st at 9:00 a.m. at the Civic Center Plaza between the Council Chamber and City Hall.
The Youth Action Council presented May's Development Asset #35- Resistance Skills and the complimentary Asset #29- Honesty.
YAC Presentation- Asset #35 - Resistance Skills
CITY ATTORNEY'S REPORT
City Attorney Donald Larkin shared that he was absent from the last meeting because he was attending the City Attorney's Conference by the League of California Cities.
OTHER REPORTS
None.
PUBLIC COMMENT
Public comment opened at 7:23 p.m. There being no requests to speak, public comment closed.
Public Comment Supplements
ADOPTION OF AGENDA
MOTION:
Adopting the agenda as posted.
RESULT: Passed
MOVER: Council Member Spring
May 18, 2022
4 SECONDER: Council Member McKay
AYES: Mayor Constantine, Council Member Spring, Mayor Pro Tem Borgioli, Council Member McKay, Council Member Martinez Beltran
NAYS: None
ABSTAIN: None
ABSENT: None
CONSENT CALENDAR
Items appearing on the Consent Calendar are considered routine and may be approved by one motion. Pursuant to City Council Policies and Procedures (CP 97-01), any member of the Council or public may request to have an item removed from the Consent Calendar for comment and action.
Time Estimate for Consent Calendar: 1 - 10 Minutes
MOTION:
Approving consent calendar items 1 through 5 and 8 through 10.
RESULT: Passed
MOVER: Mayor Pro Tem Borgioli
SECONDER: Council Member Martinez Beltran
AYES: Mayor Constantine, Council Member Spring, Mayor Pro Tem Borgioli, Council Member McKay, Council Member Martinez Beltran
NAYS: None
ABSTAIN: None
ABSENT: None
1. ACCEPT RESIGNATION OF PLANNING COMMISSIONER LAURA
GONZALEZ-ESCOTO
Recommendation:
1. Accept Laura Gonzalez-Escoto's resignation from the Planning Commission effective immediately; and
2. Direct the City Clerk to continue recruitment efforts to fill an unexpired term ending June 2025, on the Planning Commission.
2. ACCEPT BUTTERFIELD BOULEVARD LINEAR PARK EXTENSION
PROJECT
Recommendation:
1. Accept as complete the Butterfield Boulevard Linear Park Extension Project;
2. Authorize the City Engineer to sign the Notice of Completion; and
3. Direct the City Clerk to file said Notice of Completion with the County
May 18, 2022
5 Recorder's Office.
3. ADOPT RESOLUTION DETERMINING THAT CONDUCTION OF IN-PERSON
MEETINGS WOULD PRESENT A PUBLIC HEALTH RISK AND CONTINUING
TELECONFERENCE MEETINGS
Recommendation:
Adopt resolution to continue holding City Council and commission meetings by teleconference.
4. ADOPT RESOLUTION DESIGNATING THE CITY'S ENFORCEMENT AGENCY
FOR REGULATING SINGLE-USE FOODWARE AS REQUIRED BY
ASSEMBLY BILL 1276
Recommendation:
Adopt resolution designating the City's enforcement agency for regulating singleuse foodware as required by Assembly Bill 1276.
5. ADOPT ORDINANCE 2334, NEW SERIES, AUTHORIZING AN AMENDMENT
TO THE CONTRACT BETWEEN THE CITY OF MORGAN HILL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’
RETIREMENT SYSTEM
Recommendation:
Waive the reading, adopt Ordinance No. 2334, New Series, and declare that said title, which appears on the agenda, shall be determined to have been read by title and further reading waived.
8. APPROVE PARCEL MAP FOR SABINI COURT SUBDIVISION (APN: 773-32- 013) AND RELATED SUBDIVISION IMPROVEMENTS AGREEMENT
Recommendation:
1. Approve the Parcel Map;
2. Authorize the City Manager to execute the Subdivision Improvements Agreement with Strolata Properties, LLC; and
3. Authorize the recordation of the Parcel Map and Subdivision Improvements Agreement.
9. APPROVE AN IMPROVEMENT AGREEMENT WITH THOMPSON & HARVEY
BAY AREA, LLC (AU ENERGY LLC) FOR THE RAILROAD-GOYAL PROJECT (UP2019-0005)
Recommendation:
1. Approve an Improvement Agreement with Thompson & Harvey Bay Area, LLC;
May 18, 2022
6 2. Authorize the City Manager to execute the Improvement Agreement; and
3. Authorize the recordation of the Improvement Agreement.
10. APPROVE THE MAY 4, 2022 CITY COUNCIL MEETING MINUTES Recommendation:
Approve the May 4, 2022 City Council Meeting Minutes.
ITEMS PULLED FOR DISCUSSION
6. ADOPT RESOLUTION GRANTING DELEGATION OF AUTHORITY TO FIRE CHIEF
Recommendation:
Adopt resolution granting delegation of authority to Fire Chief George Huang to sign and submit State Surplus Property Program Eligibility Application.
Fire Chief George Huang provided a report and answered questions.
Public comment opened at 7:30 p.m. There being no requests to speak, public comment closed.
MOTION:
Approving the recommended action.
RESULT: Passed
MOVER: Council Member Martinez Beltran
SECONDER: Council Member Spring
AYES: Mayor Constantine, Council Member Spring, Mayor Pro Tem Borgioli, Council Member McKay, Council Member Martinez Beltran
NAYS: None
ABSTAIN: None
ABSENT: None
7. AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH AXON IN THE AMOUNT OF $778,400 FOR THE POLICE COMPUTER AIDED
DISPATCH AND RECORDS MANAGEMENT SYSTEM UPGRADE
Recommendation:
Authorize the City Manager to execute and amend, when necessary, a 10-year
May 18, 2022
7 agreement with Axon for a Computer Aided Dispatch and Records Management System subject to approval as to form by the City Attorney.
Police Captain Mario Ramirez provided a report and answered questions.
Public comment opened at 7:41 p.m.
Peter Mandel was called to speak.
There being no further requests to speak, public comment closed.
MOTION:
Approve
RESULT: Passed
MOVER: Council Member Martinez Beltran
SECONDER: Mayor Pro Tem Borgioli
AYES: Mayor Constantine, Council Member Spring, Mayor Pro Tem Borgioli, Council Member McKay, Council Member Martinez Beltran
NAYS: None
ABSTAIN: None
ABSENT: None
The meeting recessed at 7:47 p.m. and reconvened at 7:57 p.m.
PUBLIC HEARINGS
11. ADOPT CITY COUNCIL DISTRICT MAP "NDC GREEN" OR AN
ALTERNATIVE LEGALLY ACCEPTABLE MAP
Recommendation:
1. Review and adopt an alternative redistricting map based upon the court order from May 9, 2022, directing the City Council to adopt a new legally acceptable district map; and
2. Approve an amended resolution identifying the alternative City Council District map.
City Attorney Larkin announced that this matter is being brought forward pursuant to a court order. He withdrew from the litigation under rule 1.16B1.
City Clerk/PIO Michelle Bigelow, along with Outside Counsel Gary Baum serving as City Attorney for this item, and Dr. Doug Johnson and Dr. Justin Levitt of National Demographics Corporation provided a presentation and report.
The public hearing opened at 8:44 p.m.
Joe Baranowski was called to speak.
May 18, 2022
8 There being no further requests to speak, public comment closed.
MOTION:
Adopting resolution identifying map NDC Green as the City Council District map.
RESULT: Passed
MOVER: Council Member McKay
SECONDER: Mayor Pro Tem Borgioli
AYES: Mayor Constantine, Mayor Pro Tem Borgioli, Council Member McKay, Council Member Martinez Beltran
NAYS: None
ABSTAIN: Council Member Spring
ABSENT: None
OTHER BUSINESS
12. REVIEW CITY MANAGER'S RECOMMENDED FISCAL YEARS (FY) 2022-23 AND 2023-24 OPERATING BUDGET AND FY 2022-23 THROUGH 2027-28
CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET
Recommendation:
Review and discuss the Recommended Budget, including community funding requests and the Impact Fee Freeze Program.
City Manager Christina Turner provided the report and presentation.
The meeting recessed at 10:05 p.m. and reconvened at 10:08 p.m.
Public comment opened at 10:56 p.m.
Joe Baranowski was called to speak.
There being no further requests to speak, public comment closed.
MOTION:
Extending the meeting to 11:20 p.m.
RESULT: Passed
MOVER: Council Member Martinez Beltran
SECONDER: Council Member Spring
AYES: Mayor Constantine, Council Member Spring, Mayor Pro Tem Borgioli, Council Member McKay, Council Member Martinez Beltran
May 18, 2022
9 NAYS: None
ABSTAIN: None
ABSENT: None
FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Spring requested clarification on the Community Funding policy in regard to cultural diversity.
Mayor Pro Tem Borgioli requested a full accounting of attorney fees for the redistricting item
ADJOURNMENT
There being no further business, Mayor Constantine adjourned the meeting at 11:12 p.m.
Minutes Prepared by:
Michelle Bigelow, City Clerk
5 CITY COUNCIL STAFF REPORT
MEETING DATE: June 1, 2022
PREPARED BY:
Yat Cho, Senior Project Manager
APPROVED BY: City Manager
AUTHORIZE THE CITY MANAGER TO EXECUTE MAINTENANCE
AGREEMENTS WITH THE COUNTY OF SANTA CLARA FOR TRAFFIC
SAFETY IMPROVEMENTS AT MIDDLE AVENUE AT THE WEST LITTLE
LLAGAS CREEK TRAIL, WATSONVILLE ROAD AT THE WEST LITTLE
LLAGAS CREEK TRAIL, AND DEWITT AVENUE/SPRING AVENUE
INTERSECTION
RECOMMENDATION(S)
Authorize the City Manager to execute Maintenance Agreements with the County of Santa Clara, following approval by the City Attorney, for traffic safety improvements at Middle Avenue at the West Little Llagas Creek Trail, Watsonville Road at the West Little Llagas Creek Trail, and DeWitt Avenue/Spring Avenue Intersection.
Estimated Time: NA
COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Supporting our Youth, Seniors, and Entire Community
2022-2023 Strategic Priorities
Fiscal Sustainability
Transportation
Guiding Documents
Bikeways, Trails, and Recreation Master Plan
Morgan Hill 2035 General Plan
REPORT NARRATIVE:
The City of Morgan Hill is currently working on two projects that require the execution of maintenance agreements with the County of Santa Clara. The first project is the West Little Llagas Creek Project and includes the installation of a Rectangular Rapid Flashing Beacon (RRFB) with signage and striping and signage at Middle Avenue and a Highintensity Activated crossWalK Beacon (HAWK) with signage and striping at Watsonville Road. The second project is the installation of a full traffic signal with striping and
5 signage at DeWitt Avenue/Spring Avenue Intersection as part of the Hale Avenue Extension Project.
Since at least a portion of each of the three locations are located within the County of Santa Clara right of way, a maintenance agreement for each location is necessary to complete this work. Currently, staff have received the maintenance agreement for Middle Avenue RRFB (Exhibit A) and will receive separate maintenance agreements for the HAWK beacon at Watsonville Road and DeWitt Avenue/Spring Avenue traffic signal at a future date.
To expedite completion of the projects, City staff recommend providing authorization to the City Manager to execute these agreements when they are received and reviewed by City staff. The final two agreements will be in the same form as the initial agreement.
COMMUNITY ENGAGEMENT:
Inform
Prior to and during construction, both projects will have weekly updates on social media and City website. Additional outreach by contractor through letters and door hangers will also be provided.
ALTERNATIVE ACTIONS:
City Council may elect not to authorize the City Manager to execute the maintenance agreements with County of Santa Clara. This is not recommended as the West Little Llagas Creek Trail Project and the Hale Avenue Project are dependent on these agreements to move forward. Alternatively, the Council could wait to approve these final two agreements as they are received, but this could slightly delay project implementation for each of the associated projects.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
West Little Llagas Creek Trail Project
City Council approved the West Little Llagas Creek Trail as a project in the City's approved Capital Improvement Program. Furthermore, this is a project that has been supported by the City Council through the approval of the 2017 Master Bikeways, Trails, Parks, Facilities, and Recreation Master Plan.
September 27, 2017 - Grant Application to the State of California Habitat Conservation Fund (HCF) Program
October 4, 2017 - Grant Application to the Valley Water December 6, 2017 - Grant Application to the Santa Clara Valley Open Space Authority July 17, 2019 - Approve Design Agreement for West Little Llagas Creek Trail Project September 15, 2020 - (Parks and Recreation Commission) West Little Llagas Creek Trail and Valley Water Cost Share
April 5, 2022 - (Library, Cultural and Arts Commission) Review and recommend to the City Council that the Steelhead Trout Sculpture proposed by Evelyn Davis be approved.
May 4, 2022 - Approve Sculpture Agreement with Evelyn Davis for Sculpture at West Little Llagas Creek Trail Project
5 Hale Avenue Expansion Project
In 1969 the City Council added the Hale Avenue Extension Project to the City’s General Plan
The Hale Extension Project is first programmed into the Capital Improvement Program in 2010-11 fiscal year
The City Council included the Roadway in the General Plan Circulation Element in February 2010
The City Council meeting on community engagement and moving forward in February 2011
The City Council community meeting for intersection design in August 2011 Public Meeting on Draft EIR was held on June 8, 2016
The City Council approved design contract with Mark Thomas on January 18, 2017
The City Council certified the EIR and adopted a Plan Line on August 23, 2017 The City Council approved Tran property purchase on December 6, 2017 The City Council approved Giancola property purchase on December 6, 2017 The City Council approved Howard property purchase on January 17, 2018 The City Council approved a first amendment with Mark Thomas for design on April 18, 2018
The City Council adopted the Fiscal Year 2018-19 through 2023-24 Capital Improvement Program Budget, including the Hale Avenue Extension Project The City Council approved Kerr property purchase on July 18, 2018 The City Council approved a property conveyance with the County on August 22, 2018
The City Council adopted a resolution of necessity to acquire property from PG&E on September 5, 2018
The City Council approved Garcia property purchase on October 3, 2018 The City Council adopted a relocation plan for the project on October 17, 2018 The City Council approved Betpolice property purchase on February 20, 2019 The City Council approved a second amendment with Mark Thomas on April 17, 2019
The City Council approved a third amendment with Mark Thomas on December 18, 2019
The City Council approved the funding agreement with the Valley Transportation Authority on June 17, 2020 for the Hale Avenue Extension project The City Council awarded project to DeSilva Gates Construction on November 18, 2020
FISCAL AND RESOURCE IMPACT:
There are no significant changes to the projects from a fiscal impact perspective as it
5 relates to the execution of these maintenance agreements. Maintenance of the facilities was anticipated within each of the projects.
CEQA (California Environmental Quality Act):
Not a Project
The maintenance agreements will have no impact on the physical environment. Each project went through appropriate environmental review.
Document # MIA-ENC210638-F3-VER041222 1 of 19
RECORDING REQUESTED BY:
County of Santa Clara
WHEN RECORDED MAIL TO:
The County of Santa Clara
Roads and Airports Department
101 Skyport Drive
San Jose, CA 95110-1302
Attention: Real Property
File #: ENC21-0638
Space Above For Recorder’s Use
MAINTENANCE AND INDEMNIFICATION AGREEMENT
Between County of Santa Clara and City of Morgan Hill for an area located at Middle Avenue and West Little Llagas Creek Trail in the City of Morgan Hill, California THIS MAINTENANCE AND INDEMNIFICATION AGREEMENT (“Agreement“) is made and entered into as of the date fully executed (“Execution Date”) by City of Morgan Hill, a California municipal corporation (“City”) and the County of Santa Clara, a political subdivision of the State of California (“County”), together with their respective successors and assigns, collectively referred to herein as the “Parties” and individually, a “Party”.
R E C I T A L S
WHEREAS, the County has right-of-way along Middle Avenue in the City of Morgan Hill, the location of which is depicted in Exhibit A (“County ROW”), attached hereto and incorporated herein; and WHEREAS, City applied for an encroachment permit (the “Encroachment Permit”) to install a flashing beacon assembly with signage and striping at the West Little Llagas Creek Trail crossing at Middle Avenue (“Improvements”) within the County ROW as shown on Exhibit B, attached hereto and incorporated herein; and
WHEREAS, as a condition precedent to the Encroachment Permit, City has agreed to retain all responsibility for the ordinary maintenance and repair of the Improvements within County ROW; and WHEREAS, the Parties desire to memorialize such agreement in writing.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
MAINTENANCE AND INDEMNIFICATION AGREEMENT
MIDDLE AVE AND WEST LITTLE LLAGAS CREEK FLASHING BEACON ASSEMBLY Document # MIA- ENC210638-F3-VER041222 2 of 19
1. Incorporation. The above Recitals are hereby incorporated herein and made a part hereof.
2. Installation, Maintenance and Repair. City shall install the Improvements in accordance with the approved encroachment permit ENC21-0638. City shall, at no cost or expense to County, at all times during the term hereof maintain, or cause to be maintained, the Improvements in good, clean and orderly condition.
a. Maintenance shall consist of the following (collectively, “Maintenance”):
i. Maintaining and repairing the beacon assembly including lamps, fixtures, signage, and any other feature associated with the beacon assembly; ii. Maintaining and repairing signage including sign posts; iii. Restriping asphalt pavement markings as needed for visibility and safety b. Maintenance does not include maintaining, repairing, or replacing:
i. Roadway asphalt;
ii. Railing adjacent to the Improvements.
c. City agrees that any damages caused by Improvements (direct or indirect) to the County ROW, or any public structures within County ROW shall be restored to their original condition by City in its sole cost and expense. All work shall be conducted in accordance with the County’s standard specifications to the satisfaction of the Director of Roads and Airports Department.
3. Failure to Maintain. City shall complete or cause to be completed all Maintenance to be completed to the reasonable satisfaction of the County Director of Roads and Airports Department. County shall have the right to monitor or otherwise evaluate the Maintenance and all work performed in connection with the Improvements. City shall retain maintenance records and provide them to County upon request. If City fails to perform the Maintenance as required herein, County shall give City a 30 calendar-day notice to comply with City’s Maintenance obligations under this Agreement unless there is an immediate safety concern.
In the event of an immediate safety concern, or after the 30 calendar-day notice, then County may, at its option, provide the Maintenance not performed by City and collect from City all costs reasonably incurred by County to perform the Maintenance not performed by City under the notice from County. Any action by the County shall not relieve City of its indemnification obligations under this Agreement.
4. Obligation to Remove. In the event the Director of Roads and Airports determines in his sole discretion that a necessary work of improvement requires that the Improvements or a portion thereof, must be removed from the County ROW, the County will give City a minimum of sixty (60) days notice to remove those portions of the Landscaping (the work required of City pursuant to this Section 4 being the “Restoration Work”) that prevent implementation of said
MAINTENANCE AND INDEMNIFICATION AGREEMENT
MIDDLE AVE AND WEST LITTLE LLAGAS CREEK FLASHING BEACON ASSEMBLY Document # MIA- ENC210638-F3-VER041222 3 of 19
work of improvement. If City is required to perform the Restoration Work, City shall submit its plans and specifications for the Restoration Work to the County not later than forty five (45) days after expiration of the sixty (60) day period described in this Section 4 above. In the event that City fails to remove those portions of the Improvements upon expiration of the time limit imposed by the County, the County may, at its option, remove those portions of the Improvements and collect all costs from City which costs will include administrative charges.
Any action by the County does not affect or limit City’s indemnification of County. Upon removal of the Improvements and the payment of all costs of removal charged by the County, the City will be deemed to be fully and completely released from obligations hereunder. The County will record a release from this Agreement upon the termination pursuant to this section.
5. Indemnification. The City shall indemnify, defend, and hold harmless the County, its officers, agents and employees from any claim, liability, loss, injury or damage arising out of, or in connection with the Encroachment Permit, the Improvements and/or breach of this Agreement by City and/or its agents, employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of the County, or its officers, agents, employees, or contractors. It is the intent of the Parties to provide the broadest possible coverage for the County. City shall reimburse the County for all reasonable costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the City contests its obligation to indemnify, defend and/or hold harmless the County under this Agreement and does not prevail in that contest. This section will survive termination of this Agreement.
6. Integrated Pest Management. The County has adopted Santa Clara County Ordinance Division B28, attached hereto as “Exhibit D”, concerning integrated pest management and pesticide use, referred herein as the “IPM Ordinance” and incorporated into this Agreement by reference. City agrees to comply with the provisions of the IPM Ordinance, including as follows:
a. Prior to using any pesticide, City shall receive the written approval of the County IPM Coordinator. If pesticides must be used, City shall use only those pesticides on the list located at http://Pesticides.CountyRoads.org, which are designated as approved pesticides. The list of approved pesticides may change from time to time. Upon change, the list will be updated on the website. For an updated list, the City may also contact the County IPM Coordinator, as listed on the aforementioned website. b. City shall not use any pesticides listed under Section B28-6 of the IPM Ordinance. c. If pesticide must be used and they are listed as approved pesticides on the list located at http://Pesticides.CountyRoads.org, they shall be applied only by a licensed applicator in the appropriate category, licensed by the Structural Pest Control Board/Department of Pesticide Regulation, State of California.
d. Following approval to use a pesticide per Subsection 7(a), City shall provide County with seventy-two (72) hours notice of actual pesticide applications to be performed on the Property.
MAINTENANCE AND INDEMNIFICATION AGREEMENT
MIDDLE AVE AND WEST LITTLE LLAGAS CREEK FLASHING BEACON ASSEMBLY Document # MIA- ENC210638-F3-VER041222 4 of 19
e. City shall maintain and provide County with pesticide use records. The pesticide use records shall include all the information listed in Section B28-8(a) of the Ordinance (in Exhibit D). The records shall be maintained by the City for three (3) years following the date of submission to the County.
7. Attorney’s Fees. In the event a Party commences a legal proceeding to enforce any of the terms of this Agreement, the prevailing Party in such action shall have the right to recover reasonable attorneys' fees and costs from the other Party, to be fixed by the court in the same action. The term “legal proceedings” as used above shall be deemed to include appeals from a lower court judgment and it shall include proceedings in the Federal Bankruptcy Court, whether or not they are adversary proceedings or contested matters. The term “Prevailing Party” as used above in reference to proceedings in the Federal Bankruptcy Court shall be deemed to mean the prevailing Party in any adversary proceeding or contested matter, or any other actions taken by the non-bankrupt Party which are reasonably necessary to protect its rights under the terms of this Agreement.
8. Recordation. This Agreement shall be recorded in the Official Records of Santa Clara County, California by County within fifteen (15) days after it has been signed by County and City.
9. Term. This Agreement is effective upon the Execution Date. It shall remain effective unless terminated by (1) mutual agreement of the Parties in writing, (2) a default by City in its obligations under this Agreement beyond reasonable notice and cure periods, or (3) otherwise pursuant to the terms of this Agreement. City’s responsibilities regarding indemnification and insurance shall remain in effect after the termination of this Agreement until the Restoration Work required to be performed by City as described in Section 4 above has been completed.
Upon completion and acceptance by County, which shall not be unreasonably withheld, of the Restoration Work or, if applicable, the payment of all costs of removal charged by the County, the City shall be fully and completely released from obligations hereunder, and the County will record a release from this Agreement.
10. No Property Interest. City shall not acquire any interest or estate in County’s property pursuant to this Agreement.
11. Notices. All notices, requests, demands, and other communications hereunder shall be in writing and shall be given (i) by Federal Express (or other established express delivery service which maintains delivery records), (ii) by hand delivery, or (iii) by certified or registered mail, postage prepaid, return receipt requested, to the Parties at the following addresses, or at such other address as the Parties may designate by written notice in the above manner.
MAINTENANCE AND INDEMNIFICATION AGREEMENT
MIDDLE AVE AND WEST LITTLE LLAGAS CREEK FLASHING BEACON ASSEMBLY Document # MIA- ENC210638-F3-VER041222 5 of 19
To the County:
Harry Freitas, Director
Roads and Airports Department
County of Santa Clara
101 Skyport Drive
San Jose, CA 95110
To the City:
Christina Turner, City Manager
City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037
Such communications may also be given by facsimile transmission if facsimile information for the intended is set forth above, provided any such communication is concurrently given by one of the other above methods. Notices shall be deemed effective upon receipt, or upon attempted delivery thereof if delivery is refused by the intended recipient or if delivery is impossible because the intended recipient has failed to provide a reasonable means for accomplishing delivery (with the exception of facsimile information not included above or in change or address notices delivered hereafter).
12. Future Improvements. Additional improvements on the County ROW or changes to the Improvement plans as shown on Exhibit B are not allowed without approval by the County and an appropriate encroachment permit issued by the County Roads and Airports Department.
13. Law and Permits. The Parties shall comply with all applicable laws and regulations. City shall obtain all required permits including an encroachment permit from the County Roads and Airports Department prior to entry and construction on County ROW. City shall obtain an encroachment permit from the County Roads and Airports Department with an approved Traffic Control Plan to conduct any maintenance activities that affect the Middle Avenue travel way or shoulder.
14. Governing Law and Venue. This Agreement shall be construed and interpreted according to the laws of the State of California, excluding its conflict of law principles. Proper venue for legal actions will be exclusively vested in a state court in the County of Santa Clara, California.
The Parties agree that subject matter and personal jurisdiction are proper in state court in the County of Santa Clara, California, and waive all venue objections.
15. Miscellaneous. This Agreement shall be interpreted and construed only by the contents hereof and there shall be no presumption or standard of construction in favor of or against either Party. This Agreement may be modified or amended only by a writing duly executed by County and City or their respective successors in interest. The invalidity or unenforceability of any provision of this Agreement or the applicability or inapplicability to either Party, as determined by a court, shall in no way affect the validity or enforceability of any of the remaining provisions hereof or their applicability to the other Party. Captions and section headings set forth in this Agreement are for convenience of reference only, and shall not be used to limit, extend or interpret the meaning of any part of this Agreement. [Signatures begin on next page]
MAINTENANCE AND INDEMNIFICATION AGREEMENT
MIDDLE AVE AND WEST LITTLE LLAGAS CREEK FLASHING BEACON ASSEMBLY Document # MIA- ENC210638-F3-VER041222 6 of 19
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the dates set forth below.
CITY OF MORGAN HILL
By:____________________________________________ ______________ Christina Turner Date
City Manager
[Attach Notary Form]
APPROVED AS TO FORM:
By:____________________________________________ ______________ Donald A. Larkin Date
City Attorney
[Signatures continue on next page]
MAINTENANCE AND INDEMNIFICATION AGREEMENT
MIDDLE AVE AND WEST LITTLE LLAGAS CREEK FLASHING BEACON ASSEMBLY Document # MIA- ENC210638-F3-VER041222 7 of 19
COUNTY OF SANTA CLARA
By:____________________________________________ ______________ Harry Freitas Date
Director, Roads and Airports Department
OFFICE OF THE COUNTY EXECUTIVE:
By:____________________________________________ ______________ Jeffrey V. Smith, M.D., J.D. Date
County Executive
APPROVED AS TO FORM AND LEGALITY:
By:____________________________________________ ______________ John A. Castro Date
Deputy County Counsel
MAINTENANCE AND INDEMNIFICATION AGREEMENT
MIDDLE AVE AND WEST LITTLE LLAGAS CREEK FLASHING BEACON ASSEMBLY Document # MIA- ENC210638-F3-VER041222 8 of 19
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of ____________ )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
MAINTENANCE AND INDEMNIFICATION AGREEMENT
MIDDLE AVE AND WEST LITTLE LLAGAS CREEK FLASHING BEACON ASSEMBLY Document # MIA- ENC210638-F3-VER041222 9 of 19
Exhibit A
MIDDLE AVENUE – COUNTY ROW
MAINTENANCE AND INDEMNIFICATION AGREEMENT
MIDDLE AVE AND WEST LITTLE LLAGAS CREEK FLASHING BEACON ASSEMBLY Document # MIA- ENC210638-F3-VER041222 10 of 19
Exhibit B
IMPROVEMENTS AT MIDDLE AVE AND WEST LITTLE LLAGAS CREEK TRAIL
MAINTENANCE AND INDEMNIFICATION AGREEMENT
MIDDLE AVE AND WEST LITTLE LLAGAS CREEK FLASHING BEACON ASSEMBLY Document # MIA- ENC210638-F3-VER041222 11 of 19
Exhibit C
INSURANCE REQUIREMENTS
FOR MAINTENANCE AND INDEMNIFICATION AGREEMENT
Without limiting the City’s indemnification of the County, the City shall provide and maintain at its own expense, during the term of the Agreement, insurance documentation. City shall provide their insurance broker/agent with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements. Endorsement language must support this text:
“County of Santa Clara, and members of the Board of Supervisors of the County of Santa Clara, and the officers, agents, and employees of the County of Santa Clara, individually and collectively.” It is understood and agreed that the insurance shall not terminate or be canceled without first giving 30 days written notice of the intention to terminate or to cancel said insurance to the County.
Insurance Requirements
1. Certificate of Insurance for Commercial General Liability Insurance with coverage as indicated:
$1,000,000 per occurrence/ $2,000,000 aggregate limits for bodily injury and property damage.
2. Additional Insured Endorsement
Endorsement must include reference to the Policy Number and the Insured as they appear on the Certificate.
Additional Covered Party: Name of Person or Organization: County of Santa Clara, and members of the Board of Supervisors of the County of Santa Clara, and the officers, agents, and employees of the County of Santa Clara, individually and collectively.
Primary Insurance: The endorsement must state that coverage afforded by this endorsement shall apply as Primary. Other insurance maintained by the County shall be excess only and not contributing with the insurance provided under this policy.
3. Cancellation Language:
The Certificate of Insurance MUST provide 30 days’ notice of cancellation, except 10 days’ notice for non-payment of premium.
4. Certificate Holders should be listed on certificate as follows:
County of Santa Clara
Roads and Airports Department
Attn: Land Development / MIA Agreements
101 Skyport Drive.
San Jose, CA 95110
Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor, subject to the same requirements for the contractor.
MAINTENANCE AND INDEMNIFICATION AGREEMENT
MIDDLE AVE AND WEST LITTLE LLAGAS CREEK FLASHING BEACON ASSEMBLY Document # MIA- ENC210638-F3-VER041222 12 of 19
Exhibit D
MAINTENANCE AND INDEMNIFICATION AGREEMENT
MIDDLE AVE AND WEST LITTLE LLAGAS CREEK FLASHING BEACON ASSEMBLY Document # MIA- ENC210638-F3-VER041222 13 of 19
MAINTENANCE AND INDEMNIFICATION AGREEMENT
MIDDLE AVE AND WEST LITTLE LLAGAS CREEK FLASHING BEACON ASSEMBLY Document # MIA- ENC210638-F3-VER041222 14 of 19
MAINTENANCE AND INDEMNIFICATION AGREEMENT
MIDDLE AVE AND WEST LITTLE LLAGAS CREEK FLASHING BEACON ASSEMBLY Document # MIA- ENC210638-F3-VER041222 15 of 19
MAINTENANCE AND INDEMNIFICATION AGREEMENT
MIDDLE AVE AND WEST LITTLE LLAGAS CREEK FLASHING BEACON ASSEMBLY Document # MIA- ENC210638-F3-VER041222 16 of 19
MAINTENANCE AND INDEMNIFICATION AGREEMENT
MIDDLE AVE AND WEST LITTLE LLAGAS CREEK FLASHING BEACON ASSEMBLY Document # MIA- ENC210638-F3-VER041222 17 of 19
MAINTENANCE AND INDEMNIFICATION AGREEMENT
MIDDLE AVE AND WEST LITTLE LLAGAS CREEK FLASHING BEACON ASSEMBLY Document # MIA- ENC210638-F3-VER041222 18 of 19
MAINTENANCE AND INDEMNIFICATION AGREEMENT
MIDDLE AVE AND WEST LITTLE LLAGAS CREEK FLASHING BEACON ASSEMBLY Document # MIA- ENC210638-F3-VER041222 19 of 19
County of Santa Clara, Sanborn
Engineering and Utilities Department
CIP Engineering Division
WEST LITTLE LLAGAS
CREEK TRAIL PROJECT
Document Path: G:\R-14\PROJ\Agustin\GIS\LITTLE LLAGAS CREEK.mxd O
0 180 360 540 720 90
Feet
County of Santa Clara, Sanborn
W
Project Location
MIDDLE AVE
MONTEREY RD
Project Location
WATSONVILLE RD
County of Santa Clara, Sanborn
Engineering and Utilities Department
CIP Engineering Division
HALE AVENUE
EXTENSION PROJECT
Document Path: G:\R-14\PROJ\Agustin\GIS\Hale Avenue Extension Project.mxd O
0 80 160 240 320 40
Feet
Project Location
D
E
W
I
T
T
AV
E
SPRING AVE
6 CITY COUNCIL STAFF REPORT
MEETING DATE: June 1, 2022
PREPARED BY:
Dwight Good, Assistant Chief
APPROVED BY: City Manager
AUTHORIZE THE PURCHASE OF VARIOUS FIRE DEPARTMENT
EQUIPMENT INCLUDING ONGOING MAINTENANCE IN THE AMOUNT
OF $325,229
RECOMMENDATION(S)
1. Approve the purchase of 25 Self Contained Breathing Apparatus (SCBA) systems, 33 additional SCBA cylinders, and 5 Rapid Intervention Team (RIT) packs, from AllStar Fire Equipment for $201,553;
2. Approve the purchase of three LIFEPAK 15 V4 Monitor/Defibrillators with accessories and nine spare batteries from Stryker for $104,031;
3. Approve a four-year service agreement with Stryker for the ongoing maintenance of three new LIFEPACK 15 V4 Monitor/Defibrillators for $19,645; and
4. Authorize the City Manager to execute associated purchase documents.
Estimated Time: N/A
COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Maintaining and Enhancing Infrastructure
Supporting our Youth, Seniors, and Entire Community
Fostering a Positive Organizational Culture
Preserving and Cultivating Public Trust
Advancing Regional Initiatives
2022-2023 Strategic Priorities
Fiscal Sustainability
Guiding Documents
Public Safety Master Plan
REPORT NARRATIVE:
The City's Fire Department is seeking to replace its aging and obsolete Respiratory
6 Protective Equipment used during fire suppression operations, and cardiac monitors/defibrillators used during Advanced Life Support (Paramedic) response.
Current inventories are at or beyond defined service life intervals. Staff requests City Council approval for the purchase of:
25 SCBA, 33 additional SCBA cylinders, 5 RIT packs for the total amount of $201,553;
The purchase of three LIFEPAK 15 V4 Monitor/Defibrillator with accessories and nine spare batteries for the total amount of $104,031; and A four-year service agreement for the ongoing maintenance of three new LIFEPACK 15 V4 Monitor/Defibrillator for the total amount of $19,645.
AllStar Fire Equipment will be the vendor for the SCBAs using CAL FIRE's competitive bid pricing. Stryker is the only source for LIFEPACK monitor/defibrillator units. Morgan Hill Municipal Code Section 3.04150 allows the City Council to make a sole source determination where required supplies or services are available from a single source as determined by the City's Purchasing Officer; and the determination has been made by the Purchasing Officer that Stryker is the only source for the required supply and service based upon a review of available sources.
COMMUNITY ENGAGEMENT:
This staff report will serve to inform the public of equipment replacement purchases by the Fire Department.
ALTERNATIVE ACTIONS:
Council could elect not to approve these purchases. Without this replacement equipment, the Fire Department will be out of compliance with Occupational Health and Safety Standards for the replacement of Respiratory Protective Equipment at the end of their defined service life, and serving the public with unreliable/obsolete cardiac monitors/defibrillators.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
None
FISCAL AND RESOURCE IMPACT:
There is sufficient funding available in the FY21-22 adopted budget.
CEQA (California Environmental Quality Act):
Not a Project
Continuing administrative or maintenance activities, such as purchases for supplies, personnel-related actions, general policy and procedure making (except where the policies and procedures may result in a change to the physical environment).
6
Date:
To:
Attn:
Phone:
E-Mail:
Qty Unit Description Price Extension
Complete SCBA System. Per Cal Fire Requirements
25 Pkg System includes:
(1) Scott X3 PRO Air-pak. 4500psi with CGA Connection QD Regulator with Rectus Connector, Dual UEBSS (Buddy Breathing) , PASS w/Paktracker, E-Z Escape Belt Pro, Schedule A Option – (Jettison or Fixed). (1) 45 minute, Carbon Wrapped Cylinder with Valve, 4500psi Banded Identifier included @ No Charge.
Please Note (90 Day Delay)
(1) AV3000 HT Facepiece with Epic Voice Amp Bracket.
(1) Epic Voice Amp
$5,379.61 $134,490.25
Note: W/O Integrated E-Z Escape Belt, Deduct $252.70 each 25 EA Additional Scott AV3000 HT Facepiece with right side Voice Amp Bracket, Sizes: TBD
$271.29 $6,782.25
33 EA Additional Carbon Wrapped Cylinder with Valve,
45 minute, 4500 psi
$881.59 $29,092.47
5 EA Scott 200954-02 RIT III.
Includes, EZ-Flo Regulator with 5 ft. RIC hose & RIT Facepiece. 6 ft. EBSS hose, Monitoring Console and Carry bag
4,500 psi, (Cylinder Not included)
Will accept up to 60 minute 4500psig
You can use your standard issue CGA, 45 minute Cylinder. $2,866.85 $14,334.25
Terms: Net 30
FOB: Destination
Delivery: Drop Ship
Subtotal $184,699.22
9.125% $16,853.80
Quoted by - Justin Eldridge S & H $0.00
[email protected] Total $201,553.02
408-472-1605
Per your request, we are pleased to quote on the following. [email protected]
Morgan Hill FD
Quote#
MHFD050322
Cal Fire SCU
Sales Quote
May 6, 2022
2552 Barrington Ct. * Hayward, California 94545 * Phone 510-887-6295 * Fax 510-887-6298 Dwight Good
Quote Summary
Delivery Address End User - Shipping - Billing Bill To Account Name: MORGAN HILL FIRE DEPT Name: MORGAN HILL FIRE DEPT Name: MORGAN HILL FIRE DEPT Account #: 1331507 Account #: 1331507 Account #: 1331507 Address: 18300 OLD MONTEREY RD Address: 18300 OLD MONTEREY RD Address: 18300 OLD MONTEREY RD
MORGAN HILL MORGAN HILL MORGAN HILL
California 95037-3013 California 95037-3013 California 95037-3013 Equipment Products:
# Product Description Qty Sell Price Total
1.0 99577-001957 LIFEPAK 15 V4 Monitor/Defib - Manual & AED, Trending, Noninvasive Pacing, SpO2, SpCO, NIBP, 12-Lead ECG,
EtCO2, BT. Incl at N/C: 2 pr QC Electrodes
(11996-000091) & 1 Test Load (21330-001365) per
device, 1 Svc Manual CD (26500-003612) per order
3 $33,405.85 $100,217.55
2.0 41577-000288 Ship Kit -QUIK-COMBO Therapy Cable; 2 rolls100mm Paper; RC-4, Patient Cable, 4ft.; NIBP Hose, Coiled;
NIBP Cuff, Reusable, adult; 12-Lead ECG Cable, 4-Wire
Limb Leads, 5ft; 12-Lead ECG Cable, 6-Wire Precordial
attachment
3 $0.00 $0.00
3.0 21330-001176 LP 15 Lithium-ion Battery 5.7 amp hrs 9 $449.65 $4,046.85
4.0 11141-000115 REDI-CHARGE Base (power cord not included) 3 $1,459.45 $4,378.35
5.0 11140-000015 AC power cord 3 $75.65 $226.95
6.0 11140-000052 LP15 REDI-CHARGE Adapter Tray 3 $198.05 $594.15
7.0 11171-000049 Masimo™Rainbow™ DCI Adult Reusable Sp02, SpC0, SpMet Sensor, 3 FT. For use with RC Patient Cable.
3 $582.25 $1,746.75
8.0 11171-000050 Masimo™Rainbow™ DCIP Pediatric Reusable Sp02, SpC0, SpMet Sensor, 3 FT. For use with RC Patient
Cable.
3 $640.90 $1,922.70
9.0 11160-000011 NIBP Cuff-Reusable, Infant 3 $21.25 $63.75
10.0 11160-000013 NIBP Cuff-Reusable, Child 3 $23.80 $71.40
11.0 11160-000017 NIBP Cuff -Reusable, Large Adult 3 $33.15 $99.45
12.0 11160-000019 NIBP Cuff-Reusable, Adult X Large 3 $46.75 $140.25 LP15 - AFG
Quote Number: 10525996 Remit to: Stryker Medical
P.O. Box 93308
Version: 1 Chicago, IL 60673-3308
Prepared For: MORGAN HILL FIRE DEPT Rep: Antonella Bondi Attn: Email: [email protected]
Phone Number:
Quote Date: 05/02/2022
Expiration Date: 07/31/2022
1 Stryker Medical - Accounts Receivable - [email protected] - PO BOX 93308 - Chicago, IL 60673-3308
# Product Description Qty Sell Price Total
13.0 11577-000002 LIFEPAK 15 Basic carry case w/right & left pouches; shoulder strap (11577-000001) included at no additional charge when case ordered with a LIFEPAK 15 device
3 $306.85 $920.55
14.0 11220-000028 LIFEPAK 15 Carry case top pouch 3 $55.25 $165.75
15.0 11260-000039 LIFEPAK 15 Carry case back pouch 3 $79.05 $237.15 Equipment Total: $114,831.60
Trade In Credit:
Product Description Qty Credit Ea. Total Credit
TR-15V1V2-LP15 TRADE-IN-STRYKER LP15V1/V2 TOWARDS PURCHASE OF LIFEPAK 15
3 -$6,500.00 -$19,500.00
Price Totals:
Estimated Sales Tax (9.125%): $8,699.01
Freight/Shipping: $0.00
Grand Total: $104,030.61
Comments/Terms/Signatures
Prices: In effect for 90 days
Terms: Net 30 Days
Contact your local Sales Representative for more information about our flexible payment options.
LP15 - AFG
Quote Number: 10525996 Remit to: Stryker Medical
P.O. Box 93308
Version: 1 Chicago, IL 60673-3308
Prepared For: MORGAN HILL FIRE DEPT Rep: Antonella Bondi Attn: Email: [email protected]
Phone Number:
Quote Date: 05/02/2022
Expiration Date: 07/31/2022
2 Stryker Medical - Accounts Receivable - [email protected] - PO BOX 93308 - Chicago, IL 60673-3308
Capital Terms and Conditions:
Deal Consummation: This is a quote and not a commitment. This quote is subject to final credit, pricing, and documentation approval. Legal documentation must be signed before your equipment can be delivered. Documentation will be provided upon completion of our review process and your selection of a payment schedule. Confidentiality Notice: Recipient will not disclose to any third party the terms of this quote or any other information, including any pricing or discounts, offered to be provided by Stryker to Recipient in connection with this quote, without Stryker’s prior written approval, except as may be requested by law or by lawful order of any applicable government agency.
A copy of Stryker Medical's Acute Care capital terms and conditions can be found at https:// techweb.stryker.com/Terms_Conditions/index.html. A copy of Stryker Medical's Emergency Care capital terms and conditions can be found at https://www.strykeremergencycare.com/terms. 3
Quote Summary
Delivery Address End User - Shipping - Billing Bill To Account Name: MORGAN HILL FIRE DEPT Name: MORGAN HILL FIRE DEPT Name: MORGAN HILL FIRE DEPT Account #: 1331507 Account #: 1331507 Account #: 1331507 Address: 18300 OLD MONTEREY RD Address: 18300 OLD MONTEREY RD Address: 18300 OLD MONTEREY RD
MORGAN HILL MORGAN HILL MORGAN HILL
California 95037-3013 California 95037-3013 California 95037-3013 ProCare Products:
# Product Description Years Qty Sell Price Total
17.1 78000639 ProCare LIFEPAK 15 Prevent Service: Annual onsite preventive maintenance inspection and unlimited
repairs including parts, labor and travel with battery
coverage for LIFEPAK 15 V4 Monitor/Defib - Manual
& AED, Trending, Noninvasive Pacing, SpO2, SpCO,
NIBP, 12-Lead ECG, EtCO2, BT. Incl at N/C: 2 pr QC
Electrodes (11996-000091) & 1 Test Load
(21330-001365) per device, 1 Svc Manual CD
(26500-003612) per order
4 3 $6,548.40 $19,645.20
ProCare Total: $19,645.20
Price Totals:
Comments/Terms/Signatures
Prices: In effect for 90 days
Terms: Net 30 Days
Contact your local Sales Representative for more information about our flexible payment options.
LP15 - AFG
Quote Number: 10525996 Remit to: Stryker Medical
P.O. Box 93308
Version: 1 Chicago, IL 60673-3308
Prepared For: MORGAN HILL FIRE DEPT Rep: Antonella Bondi Attn: Email: [email protected]
Phone Number:
Quote Date: 05/02/2022
Expiration Date: 07/31/2022
1 Stryker Medical - Accounts Receivable - [email protected] - PO BOX 93308 - Chicago, IL 60673-3308
Capital Terms and Conditions:
Deal Consummation: This is a quote and not a commitment. This quote is subject to final credit, pricing, and documentation approval. Legal documentation must be signed before your equipment can be delivered. Documentation will be provided upon completion of our review process and your selection of a payment schedule. Confidentiality Notice: Recipient will not disclose to any third party the terms of this quote or any other information, including any pricing or discounts, offered to be provided by Stryker to Recipient in connection with this quote, without Stryker’s prior written approval, except as may be requested by law or by lawful order of any applicable government agency.
A copy of Stryker Medical's Acute Care capital terms and conditions can be found at https:// techweb.stryker.com/Terms_Conditions/index.html. A copy of Stryker Medical's Emergency Care capital terms and conditions can be found at https://www.strykeremergencycare.com/terms. 2
7 CITY COUNCIL STAFF REPORT
MEETING DATE: June 1, 2022
PREPARED BY:
Yat Cho, Senior Project Manager
APPROVED BY: City Manager
AWARD 2022 PAVEMENT REHABILITATION PROJECT TO
A.TEICHERT & SON, INC. DBA TEICHERT CONSTRUCTION
RECOMMENDATION(S)
1. Approve 2022 Pavement Rehabilitation Project plans and specifications;
2. Award contract to A. Teichert & Son, Inc. dba Teichert Construction for the 2022 Pavement Rehabilitation Project in the amount of $3,879,053;
3. Authorize expenditure of construction contingency not to exceed $387,906; and
4. Authorize the City Manager to execute and administer the construction contract with A. Teichert & Son, Inc. dba Teichert Construction contingent on the adoption of the Fiscal Year 2022-23 Budget.
Estimated Time:
COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Maintaining and Enhancing Infrastructure
2022-2023 Strategic Priorities
Fiscal Sustainability
Transportation
Guiding Documents
Bikeways, Trails, and Recreation Master Plan
REPORT NARRATIVE:
Annually, the City conducts a significant pavement rehabilitation project to improve the pavement conditions within the City. The 2022 Pavement Rehabilitation Project includes the resurfacing of the following streets:
Murphy Avenue (San Pedro Avenue to Barrett Avenue)
Hill Road (East Dunne Avenue to San Pedro Avenue)
East Dunne Avenue (Hill Road to Thomas Grade)
7 Jackson Oaks Drive
White Oak Court
Oak Hill Court
Oakwood Court
Oak Canyon Drive
Live Oak Court
Oakridge Road
Oakridge Court
Ridgeview Court
Rustling Oak Court (Rustling Oak Ln not included)
Church Street (Approximately 231' N of San Pedro Avenue to Tennant Avenue) Mast Street (Vineyard Boulevard to Church Street)
Vineyard Boulevard (Tennant Avenue to Mast Street)
W Main Avenue (Dewitt Avenue to John Telfer Drive)
Via Grande Court
Hidalgo Court
La Giralda Court
Thomas Grade
Jackson Oaks Court
El Toro Court
Lindo Lane
The Project’s Scope of Work is described as follows, but not limited to: Pavement Milling, Hot Mix Asphalt Concrete Overlay, Full Depth Asphalt Concrete Pavement Repairs, Slurry Sealing, Cape Sealing, Crack Sealing, Replacement of all Existing Traffic Delineation and Markings, Utility Adjustments, Traffic Signal Loop Restorations, and all related work on various streets within the City Limits.
The bid opening was held on May 18, 2022 and the five (5) bids received are listed below:
A. Teichert & Son dba Teichert Construction $3,879,053.00 O'Grady Paving, Inc. $4,104,045.70
Granite Construction Company $4,173,726.00
McKim Corporation $4,390,669.84
Graniterock $4,397,252.00
The low bidder, A. Teichert & Son, Inc. dba Teichert Construction, is an experienced public contractor with many years of paving construction experience. A. Teichert & Son, Inc. dba Teichert Construction’s bid amount of $3,879,053, is approximately 21% over the engineer’s estimate of $3,200,000. Staff recommends the award of the contract to A. Teichert & Son, Inc dba Teichert Construction for $3,879,053 and anticipates construction to commence in July 2022 and be completed by October 2022.
The plans and specifications are available for review on the City’s web page under the Government tab and Community Projects site: https://www.morgan-hill.ca.gov/1436/Project-Plans-Specificationsand-Bid-Res.
COMMUNITY ENGAGEMENT:
7 City staff will be coordinating communication efforts prior to and during the project through citywide emails, social media posts, and routine updates on the website.
Regular updates will be made frequently to inform the community of impacts, roadway closure, and other inconveniences that may arise due to construction. The contractor will provide written notifications to affected residents and businesses in advance of any construction activities.
ALTERNATIVE ACTIONS:
City Council may elect to reject all bids for this construction project and direct staff to rebid the project. Rebidding the project would require Council award and approval in July for the work to occur in 2022. Alternatively, the Council could reject all bids and wait to bid until next summer. Staff does not recommend either of these alternatives as this project was competitively bidded with 5 bids being received by the City. Furthermore, it will be unlikely to result in any savings and will delay the project for at least three months.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
On Jule 17, 2020, the City Council adopted the FY2020-21 through 2025-26 Capital Improvement Project.
On March 2, 2022, the City Council received an update regarding pavement rehabilitation planning for calendar years 2021 through 2024. On April 20, 2022, the City Council awarded the partially federal grant funded East Dunne Pavement Rehabilitation Project to Teichart Construction.
FISCAL AND RESOURCE IMPACT:
If approved, the total authorization for this project shall be $4,266,959, which includes a 10% contingency of $387,906. There are sufficient funds within the FY2022-23 Budget for this project, pending budget approval on June 15, 2022.
CEQA (California Environmental Quality Act):
Categorical Exemption
The activities described in this Staff Report are categorically exempt under CEQA, specifically pursuant to Section 15301 of the CEQA Guidelines (Existing Facilities), as the subject work involves the repair, maintenance, or minor alteration of existing City facilities involving negligible or no expansion of use of those facilities.
G:\R-14\Proj\GIS\Agustin\2022 pvmnt.mxd
Engineering and Utilities Department
CIP Engineering Division
Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community
2022 PAVEMENT
REHABILITATION PROJECT
Thomas Grde
O
820 0 820 1,640 2,460 410
Feet
Rustling Oak Ct
Oakwood Ct
Oak Canyon Dr
Oakridge Ct
Jackson Oaks Dr
Oak Hill Ct
Jackson Oaks Ct
Live Oak Ct
Oakridge Rd
White Oak Ct
Ridgeview Ct
G:\R-14\Proj\GIS\Agustin\2022 pvmnt.mxd
Engineering and Utilities Department
CIP Engineering Division
2022 PAVEMENT
REHABILITATION PROJECT O
820 0 820 1,640 2,460 410
Feet
Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community
Church St
Vineyard Blvd
MastSt
W Main Ave
(Dewitt Ave to John Telfer)
Via Grande
Hidalgo Ct
La Giralda Ct
Lindo Lane
El Toro Ct
G:\R-14\Proj\GIS\Agustin\2022 pvmnt.mxd
Engineering and Utilities Department
CIP Engineering Division
2022 PAVEMENT
REHABILITATION PROJECT O
820 0 820 1,640 2,460 410
Feet
Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community
Murphy Ave
(San Pedro Ave to Barrett Ave)
E Dunne Ave
(Hill Rd to Thomas Grde)
Hill Rd
(E Dunne Ave to San Pedro Ave)
Condit Rd
(San Pedro Ave to Barrett Ave)
8 CITY COUNCIL STAFF REPORT
MEETING DATE: June 1, 2022
PREPARED BY:
Cynthia Iwanaga, Management Analyst
APPROVED BY: City Manager
AWARD A TWO-YEAR TRAFFIC STRIPING, SIGNING, AND
PAVEMENT MARKINGS MAINTENANCE AGREEMENT TO CHRISP
COMPANY IN THE AMOUNT OF $200,000
RECOMMENDATION(S)
1. Award a two-year contract to Chrisp Company in the amount of $200,000; and
2. Authorize the City Manager to execute and administer the Maintenance Service Agreement with Chrisp Company.
Estimated Time:
COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Maintaining and Enhancing Infrastructure
2022-2023 Strategic Priorities
Fiscal Sustainability
REPORT NARRATIVE:
The City has contracted for traffic striping, signing, and pavement marking services for many years and does not have the staffing resources or equipment to perform the work internally. Services provided under this contract mostly include the replacement of thermoplastic legends on the streets, street marking paint, and consultation services.
The City's current contract expires on June 30, 2022.
The purpose of this report is to summarize the results of the recent Request for Proposals (RFP) process and authorize the City Manager to enter into a new agreement for these needed services. The proposed term of the new maintenance service agreement is two years, starting on July 1, 2022, with an option to extend for three additional one-year terms.
8 The RFP was issued on March 28, 2022 and two proposals were received, from Chrisp Company and Statewide Safety Systems, on April 22, 2022. In soliciting proposals for this contract, the City advertised in the Morgan Hill Times and posted on the City website, the Public Purchase Online Plan Service, and the Builders' Exchange of Santa Clara County. Contractors registered on the City's Informal Bidders List with the required Contractor State Licensing Board (CSLB) licenses Class A (General Engineering) or Class C-32 (Parking and Highway Improvements) were also notified of the RFP.
After reviewing the two proposals, staff determined that Statewide Safety Systems' proposal was non-responsive due to it being an incomplete proposal. Chrisp Company has provided the City with traffic striping, signing, and pavement marking services for over 14 years and has over 44 years in the striping, signing, and pavement markings business. Maintenance staff have been satisfied with Chrisp Company's performance to date. Staff recommends entering into a maintenance service agreement with Chrisp Company to provide traffic striping, signing, and pavement marking services to the City for an initial term of two years at $200,000 ($100,00 per year). It is also recommended that the contract includes three one-year options to extend in amounts not to exceed 105% of the prior year's annual amount.
COMMUNITY ENGAGEMENT:
Not Applicable
As traffic signing, striping, and pavement marking services are expected to be performed on City streets, no community engagement was completed for the RFP process.
ALTERNATIVE ACTIONS:
The City Council could elect not to award this maintenance agreement and request that the services be rebid in hopes of obtaining more proposals. This action would require the extension of the current traffic signing and striping contract with Chrisp Company until December 31, 2022 in order to allow enough time to release another Request for Proposals. It is unlikely that a lower cost proposal could be obtained since Chrisp Company is one of the few firms engaged in these services.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
The Council has previously approved contracts for traffic signing, striping, and pavement marking services. The City's current agreement was approved by the City Council on June 6, 2018.
FISCAL AND RESOURCE IMPACT:
If approved, the funding authorization for the initial term of this agreement would be $200,000. Funding for traffic signing, striping, and pavement marking services is budgeted in the General Fund in the Street Maintenance program.
CEQA (California Environmental Quality Act):
8 Categorical Exemption
The activities described in this Staff Report are categorically exempt under CEQA, specifically pursuant to Section 15301 of the CEQA Guidelines (Existing Facilities), as the subject work involves the repair, maintenance or minor alteration of existing City facilities involving negligible or no expansion of use of those facilities.
1 Updated: March 202
MAINTENANCE SERVICE AGREEMENT
CHRISP COMPANY
THIS AGREEMENT is entered into and becomes effective on _______________ (Effective Date), by and between the CITY OF MORGAN HILL, a municipal corporation, ("CITY"), and Chrisp Company a California corporation ("SERVICE PROVIDER") hereinafter referred to collectively as “Parties.” In consideration of the promises and the mutual covenants contained in this Agreement, the Parties agree as follows:
1. City Authority. This Agreement is entered into pursuant to the action of the Morgan Hill City Council taken on ___________, ____, 20___.
2. Term of Agreement. This Agreement shall cover services rendered from the Effective Date of this Agreement until June 30, 2024 at which time SERVICE PROVIDER’S services shall be completed.
The City Manager is authorized to extend the term of this Agreement for a maximum of three one-year extensions. Any such extension shall be in writing and signed by both Parties to this Agreement.
3. Scope of Service. The services to be performed by SERVICE PROVIDER shall be traffic striping, traffic signing and pavement markings as further described in Exhibit A.
4. Compensation. SERVICE PROVIDER shall be compensated as follows:
4.1. Amount. $200,000.00. Total compensation to SERVICE PROVIDER under this Agreement during its initial term set forth in Section 2 above shall not exceed Two Hundred Thousand Dollars and shall be billed based on the rate and basis set forth in Exhibit B. If the City Manager extends the term of this Agreement pursuant to the provisions of Section 2 above, the City Manager shall have the authority to increase the maximum compensation allowed to be paid to SERVICE PROVIDER during that extended term period, so long as City Council has appropriated sufficient funds therefor, the Parties mutually agree to such amount in a writing signed by both Parties to this Agreement and provided further that in no event shall such maximum compensation allowed for each subsequent extended one-year term exceed 105% of the maximum compensation allowed to be paid to SERVICE PROVIDER for one year of service during the immediately preceding prior year of service.
4.2. Billing. SERVICE PROVIDER shall provide CITY with an invoice containing the dated, detailed, and itemized descriptions of all services performed and expenses incurred (if such expenses are reimbursable pursuant to Exhibit B) by SERVICE PROVIDER on a monthly basis unless otherwise specified in Exhibit B. All invoices shall be sent to the CITY addressed to the department head or project manager identified below in Section 14 Notices. Payment will be made to SERVICE PROVIDER within thirty (30) days of receipt of invoice by CITY. Any rate charged shall be prorated where services are interrupted or not provided for any rate period (for example, any monthly rate charge should be prorated when services were interrupted or provided for only part of the month). For services billed on an hourly rate, the minimum unit of billed time shall not exceed one tenth of one hour. CITY shall pay for services and expenses (if so provided in Exhibit B) up to the limit of compensation set forth above, that in the CITY’S judgment were necessary and reasonable. Services for work performed and expenses incurred in excess of the total compensation set forth in paragraph 4.1 above shall be at no cost to CITY.
2 Updated: March 202
5. Termination. CITY or SERVICE PROVIDER shall have the right to terminate this Agreement, without cause, by giving thirty (30) days' written notice or less under urgent circumstances. Upon such termination, SERVICE PROVIDER shall submit to CITY an itemized statement of services performed for which compensation has not been paid. CITY may require SERVICE PROVIDER to complete certain work product or documents and SERVICE PROVIDER shall deliver to CITY all documents in its possession without additional compensation to SERVICE PROVIDER. The City Manager is authorized to terminate this Agreement, in whole or in part, on behalf of CITY.
5.1. Non-Appropriations. Notwithstanding anything contained in this Agreement to the contrary, if insufficient funds are appropriated, or funds are otherwise unavailable in the budget for CITY for any reason whatsoever in any fiscal year, for payments due under this Agreement, CITY will immediately notify SERVICE PROVIDER of such occurrence, and this Agreement shall terminate after the last day during the fiscal year for which appropriations shall have been budgeted for CITY or are otherwise available for payments.
5.2. Temporary Suspension of Services. CITY’S need for services may be suspended due to unforeseeable or unavoidable circumstances beyond its control. Such circumstances include, but are not limited to, earthquake, fire, explosion, flood, or other natural catastrophe; governmental legislation, condemnation, acts, orders, or regulation; war or acts of terrorism; strikes or labor difficulties; and quarantine, epidemic, or pandemic.
CITY shall provide a 5-days’ written notice or less under urgent circumstances to temporarily suspend services at specific CITY facilities. CITY reserves the right to request which CITY facilities are to be serviced or not serviced due to unforeseeable or unavoidable circumstances; and the level of service at each CITY facility. Upon suspension, SERVICE PROVIDER shall submit to CITY an itemized statement of services performed for which compensation has not been paid up to the date of the suspension. No further payments will be made for services provided after the date of the suspension. CITY shall provide 5 days’ written notice when the circumstances for the suspension of specific facilities’ services are removed for SERVICE PROVIDER to commence providing services.
6. Performance of Work. SERVICE PROVIDER represents that it is qualified by virtue of experience, training, education, and expertise to accomplish these services. Services shall be performed by SERVICE PROVIDER in accordance with professional practices in a manner consistent with a level of care, competence and skill exercised by qualified members of SERVICE PROVIDER’S profession. By delivery of completed work, SERVICE PROVIDER certifies that the work conforms to the requirements of this Agreement and all applicable federal, state, and local laws. SERVICE PROVIDER is liable for any property damage caused by SERVICE PROVIDER or its Subcontractors during performance of the services and shall notify the CITY of damage within 24 hours of the occurrence. SERVICE PROVIDER must promptly repair or replace any real or personal property damage, and must promptly restore the property to its original or intended condition. CITY may repair or replace the real or personal property damage if SERVICE PROVIDER fails to do so, and the cost of the repairs or replacement may be deducted or offset from any compensation due to SERVICE PROVIDER.
6.1. Schedule. SERVICE PROVIDER shall perform all work and services under this Agreement in conformance with the time schedule set forth on Exhibit C, "Schedule of Performance," attached hereto and incorporated herein by this reference. The City Manager is authorized on behalf of CITY to modify the timeframes set forth on the Schedule of Performance within the term of this Agreement.
3 Updated: March 202
6.2. Storage of Service Provider’s Equipment. If SERVICE PROVIDER desires to leave or store any of SERVICE PROVIDER'S equipment at a CITY site while SERVICE PROVIDER is performing work or service pursuant to this Agreement, SERVICE PROVIDER will first obtain the consent of the City Manager, or his/her delegate, to do so, and any such storage shall occur only in the manner and location allowed by such CITY official and entirely at SERVICE PROVIDER'S sole risk.
7. Hazardous Materials. Without limiting any other requirement or obligation of SERVICE PROVIDER under this Agreement, if SERVICE PROVIDER needs to use any material or chemical considered to be a hazardous material under any federal, state, or local law, regulation or policy, SERVICE PROVIDER agrees to fully and timely abide by and comply with all laws, regulations and policies pertaining to the use, transport, removal, handling, disposal, or other activity related to any and all such materials or chemicals. Prior to commencement of work or services under this Agreement, SERVICE PROVIDER shall provide CITY with a complete list of the hazardous materials SERVICE PROVIDER reasonably anticipates it may need to use to provide the services of SERVICE PROVIDER under this Agreement, together with the reasonably anticipated quantities thereof, if requested by CITY.
8. Insurance Requirements. SERVICE PROVIDER shall procure and provide proof of the insurance coverage required by this section in the form of certificates and endorsements. The required insurance must cover the activities of SERVICE PROVIDER, including its subcontractors, employees, and agents, relating to, or arising from, the performance of any work or service under this Agreement, and must remain in full force and effect at all times during the period covered by this Agreement. The coverages may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or “umbrella” policies, provided each such policy complies with the requirements set forth herein. Any deductibles or self-insured retentions must be declared to and approved by City. SERVICE PROVIDER further understands that CITY reserves the right to modify the insurance requirements set forth herein, with thirty (30) days’ notice provided to SERVICE PROVIDER, at any time as deemed necessary to protect the interests of CITY.
8.1. Insurance Types and Amounts.
8.1.1. Commercial General Liability (CGL). SERVICE PROVIDER shall maintain CGL against claims and liabilities for personal injury, death, or property damage providing protection in the minimum amount of: (i) one million dollars ($1,000,000.00) combined single limit for any one accident or occurrence, or (ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.
8.1.2. Automobile Liability. SERVICE PROVIDER shall maintain Automobile Liability covering all owned, non-owned and hired automobiles (if SERVICE PROVIDER does not own automobiles, then SERVICE PROVIDER shall maintain Hired/Nonowned Automobile Liability) against claims and liabilities for personal injury, death, or property damage providing protection in the minimum amount of: (i) one million dollars ($1,000,000.00) combined single limit for any one accident or occurrence, or (ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER'S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.
4 Updated: March 202
8.1.3. Workers’ Compensation Insurance and Employer’s Liability. SERVICE PROVIDER shall maintain Workers Compensation coverage, as required by law, in the minimum amount of: (i) one million dollars ($1,000,000.00) for any one accident or occurrence, or (ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER'S combined insurance policies (including any excess or “umbrella” policies), whichever is greater. If SERVICE PROVIDER is self-insured, SERVICE PROVIDER shall provide its Certificate of Permission to Self-Insure, duly authorized by the Department of Industrial Relations.
8.1.4. Pollution (Environmental) Liability. If the performance of SERVICE PROVIDER’S work or service under this Agreement involves hazardous materials, contaminated soil disposal, and/or a risk of accidental release of fuel oil, chemicals or other toxic gases or hazardous materials, SERVICE PROVIDER shall procure and maintain Pollution Liability covering the SERVICE PROVIDER’S liability for bodily injury, property damage and environmental damage resulting from pollution and related cleanup costs arising out of the work or services to be performed under this Agreement. Coverage shall be provided for both work performed on site, as well as during the transport of hazardous materials. Such coverage shall be in the minimum amount of: (i) one million dollars ($1,000,000.00) for any one accident or occurrence, or (ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER'S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.
8.1.5. Professional Liability.
8.1.5.1. If the performance of SERVICE PROVIDER’S work or service under this Agreement involves professional and/or technical services (examples include, but are not limited to, architects, engineers, land surveyors, and appraisers), SERVICE PROVIDER shall procure and maintain either a claims made or occurrence Errors and Omission liability insurance in the minimum amount of: (i) one million dollars ($1,000,000.00) each claim, or (ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER'S combined insurance policies (including any excess or “umbrella” policies), whichever is greater. Further, if SERVICE PROVIDER maintains a claims-made policy, SERVICE PROVIDER shall provide written evidence of such insurance to CITY for at least five (5) years after the completion of work performed under this Agreement.
8.1.5.2. If the performance of SERVICE PROVIDER’S work or service under this Agreement relates to Information Technology or related services (examples include, but are not limited to computer programmers, software designers, hardware engineers, or other systems consultants), SERVICE PROVIDER shall procure and maintain a claims made Errors and Omission liability insurance, including Cyber Liability and Data Breach, in the minimum amount of: (i) one million dollars ($1,000,000.00) each claim, or (ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER'S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.
5 Updated: March 202
8.1.6. Sexual Abuse/Molestation Liability (SML): If the performance of SERVICE PROVIDER'S work or service under this Agreement involves contact with minors, SERVICE PROVIDER shall procure and maintain Sexual Abuse and Molestation insurance in the minimum amount of: (i) two hundred thousand dollars ($200,000.00) each claim, or (ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER'S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.
8.2. Endorsements. SERVICE PROVIDER shall provide proof of the following endorsements, listed for each policy for which endorsements are required, as outlined below:
8.2.1. General Liability and pollution liability (when pollution liability applies).
8.2.1.1. “Additionally Insured” - The City of Morgan Hill, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers are named as additional insureds on a form at least as broad as ISO Form CG 20 10 for ongoing operations.
8.2.1.2. “Waiver of Rights of Subrogation” - The insurer waives the right of subrogation against the City of Morgan Hill and CITY’S elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers; and
8.2.1.3. “Primary and Non-Contributing” - Insurance shall be endorsed to be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as ISO Form CG 20
01. 8.2.2. Workers Compensation.
If the performance of SERVICE PROVIDER’S work or service under this Agreement involves access to or activity on any property or premises owned or occupied by the CITY, including, but not limited to, SERVICE PROVIDER’S presence during site visits and meetings, then insurer waives the right of subrogation against the City of Morgan Hill and the CITY’S elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers.
8.3. Qualification of Insurers. All insurance required pursuant to this Agreement must be issued by a company licensed and admitted, or otherwise legally authorized to carry out insurance business in the State of California, and each insurer must have a current A.M.
Best's financial strength rating of “A” or better and a financial size rating of “VII” or better.
8.4. Certificates. SERVICE PROVIDER shall furnish CITY with copies of all certificates as outlined herein, whether new or modified, promptly upon receipt. In the event of a claim or legal action, SERVICE PROVIDER shall promptly furnish CITY of Morgan Hill with copies of all policies outlined herein. No policy subject to SERVICE PROVIDER’S agreement with CITY shall be canceled or materially changed except after thirty (30) days' notice by the insurer to CITY. A "material change" is a change that results in noncompliance with any insurance requirements in this section 8. Certificates, including
6 Updated: March 202
renewal certificates, may be mailed electronically to [email protected] or delivered to the Certificate Holder address provided herein.
Certificate Holder address:
City of Morgan Hill
Attn: Risk Management
17575 Peak Avenue
Morgan Hill, CA 95037
9. Non-Liability of Officials and Employees of CITY. No official or employee of CITY shall be personally liable for any default or liability under this Agreement.
10. Compliance with Law.
10.1. SERVICE PROVIDER and its officers, employees, agents, and subcontractors shall comply with all applicable laws, ordinances, administrative regulations, and permitting requirements in carrying out their obligations under this Agreement. SERVICE PROVIDER and its officers, employees, agents, and subcontractors covenant there shall be no discrimination based upon race, color, creed, religion, gender, marital status, age, sexual orientation, national origin, mental disability, physical disability, medical condition, or ancestry, in any activity pursuant to this Agreement.
10.2. Without limiting the provisions of Section 10.1 above, each worker performing work under this Agreement shall be paid at a rate not less than the prevailing wage as defined in Sections 1771 and 1774 of the Labor Code. The prevailing wage rates are available online at http://www.dir.ca.gov/dlsr. SERVICE PROVIDER shall post a copy of the applicable prevailing rates at the Worksite. Pursuant to Labor Code Section 1775, SERVICE PROVIDER and any Subcontractor shall forfeit to CITY as a penalty up to two hundred dollars ($200.00) for each calendar day, or portion thereof, for each worker paid less than the applicable prevailing wage rate. SERVICE PROVIDER shall also pay each worker the difference between the applicable prevailing wage rate and the amount actually paid to that worker.
10.3. DIR Registration. CITY will not accept a Bid Proposal from or enter into a contract with a SERVICE PROVIDER, without first receiving proof to the satisfaction of CITY that SERVICE PROVIDER and its subcontractors are registered with the California Department of Industrial Relations to perform public work under Labor Code Section 1725.5, subject to limited legal exceptions. Under Labor Code section 1771.4, this Agreement is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.
10.4. Compliance with Wage and Hour Laws: SERVICE PROVIDER, and any subcontractor it employs to complete work under this Agreement, shall comply with all applicable federal, state, and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act and the California Labor Code.
Final Judgments, Decisions, and Orders: For purposes of this Section, a “final judgment, decision, or order” refers to one for which all appeals have been exhausted or the time to appeal has expired. Relevant investigatory government agencies include: the federal Department of Labor, the California Division of Labor Standards Enforcement, or any
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other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.
Prior Judgments against SERVICE PROVIDER and/or its Subcontractors: BY SIGNING
THIS AGREEMENT, SERVICE PROVIDER AFFIRMS THAT IT HAS DISCLOSED ANY
FINAL JUDGMENTS, DECISIONS OR ORDERS FROM A COURT OR
INVESTIGATORY GOVERNMENT AGENCY FINDING – IN THE FIVE (5) YEARS PRIOR TO EXECUTING THIS AGREEMENT – THAT SERVICE PROVIDER OR ITS SUBCONTRACTOR(S) HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS.
SERVICE PROVIDER FURTHER AFFIRMS THAT IT OR ITS SUBCONTRACTOR(S) HAS SATISFIED AND COMPLIED WITH – OR HAS REACHED AGREEMENT WITH THE CITY REGARDING THE MANNER IN WHICH IT WILL SATISFY – ANY SUCH JUDGMENTS, DECISIONS OR ORDERS.
Judgments or Decisions During Term of Contract: If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision or order finding that SERVICE PROVIDER or any subcontractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or SERVICE PROVIDER learns of such a judgment, decision, or order that was not previously disclosed, SERVICE PROVIDER shall inform the City Attorney, no more than fifteen (15) days after the judgment, decision or order becomes final or of learning of the final judgment, decision or order. SERVICE PROVIDER and its subcontractors shall promptly satisfy and comply with any such judgment, decision, or order, and shall provide the City Attorney with documentary evidence of compliance with the final judgment, decision, or order within five (5) days of satisfying the final judgment, decision, or order. CITY reserves the right to require SERVICE PROVIDER to enter into an agreement with CITY regarding the manner in which any such final judgment, decision, or order will be satisfied.
City’s Right to Withhold Payment: Where SERVICE PROVIDER or any subcontractor it employs to perform work under this Agreement has been found in violation of any applicable wage and hour law by a final judgment, decision or order of a court or government agency, CITY reserves the right to withhold payment to SERVICE PROVIDER until such judgment, decision or order has been satisfied in full.
Material Breach: Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law.
Notice to City Related to Wage Theft Prevention: Notice provided to the City Attorney as required under this Section shall be addressed to: City Attorney, City of Morgan Hill, 17575 Peak Avenue, Morgan Hill, CA 95037. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section.
11. Independent Contractor. SERVICE PROVIDER is an independent contractor and not an agent or employee of CITY.
12. Confidentiality. All data, documents, or other information received by SERVICE PROVIDER from CITY or prepared in connection with SERVICE PROVIDER’S services under this Agreement are
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deemed confidential and shall not be disclosed to any third party by SERVICE PROVIDER without prior written consent by CITY.
13. Conflict of Interest and Reporting. SERVICE PROVIDER shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement.
14. Notices. All notices shall be personally delivered or mailed, via first class mail to the below listed address. These addresses shall be used for delivery of service of process. Notices shall be effective five (5) days after date of mailing, or upon date of personal delivery.
Address of SERVICE PROVIDER is as follows:
Chrisp Company
43650 Osgood Road
Fremont, CA 94538
Address of CITY is as follows:
Keri Russell, Maintenance
Coordinator
City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037
with a copy to:
City Clerk
City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037
15. Licenses, Permits and Fees. SERVICE PROVIDER shall obtain a City of Morgan Hill Business License, all permits and licenses to the extent required by ordinances, codes, and regulations of the federal, state, and local government.
16. Service Provider’s Proposal. If applicable, this Agreement shall include SERVICE PROVIDER'S proposal or bid which is incorporated herein. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern.
17. Maintenance of Records.
17.1. Maintenance. SERVICE PROVIDER shall prepare, maintain, and preserve all reports and records that may be required by federal, state, and CITY rules and ordinances related to services provided under this Agreement. SERVICE PROVIDER shall maintain records for a period of at least 3 years after receipt of final payment under this Agreement. If any litigation, claim, negotiation, audit exception, or other action relating to this Agreement is pending at the end of the 3-year period, then SERVICE PROVIDER shall retain said records until such action is resolved.
17.2. Access to and Audit of Records. CITY shall have the right to examine, monitor and audit all records, documents, conditions, and activities of SERVICE PROVIDER and its subcontractors related to services under this Agreement. Pursuant to Government Code Section 8546.7, if this Agreement involves the expenditure of public funds in excess of $10,000, the Parties to this Agreement may be subject, at the request of CITY or as part of any audit of CITY, to the examination and audit of the State Auditor pertaining to matters connected with the performance of this Agreement for a period of three years after final payment under the Agreement.
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17.3. Ownership of Work Product. All documents or other information developed or received by SERVICE PROVIDER for work performed under this Agreement shall be the property of CITY. SERVICE PROVIDER shall provide CITY with copies of these items upon demand or upon termination of this Agreement.
18. Familiarity with Work. By executing this Agreement, SERVICE PROVIDER represents that:
(1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the difficulties and restrictions of the work under this Agreement. Should SERVICE PROVIDER discover any conditions materially differing from those inherent in the work or as represented by CITY, it shall immediately inform CITY and shall not proceed, except at SERVICE PROVIDER'S risk, until written instructions are received from CITY.
19. Time of Essence. Time is of the essence in the performance of this Agreement.
20. No Assignment. Neither this Agreement nor any portion shall be assigned by SERVICE PROVIDER, without prior written consent of CITY. Any attempted assignment not first approved by CITY shall be void and, at CITY'S option, shall terminate this Agreement effective as of the date of such attempted assignment.
21. Attorney Fees. In any legal action, dispute or arbitration arising out of or relating to this Agreement, the prevailing party shall be entitled to an award of its reasonable attorney fees, costs and expenses incurred.
22. Defense and Indemnification.
22.1. Defense and Indemnification. SERVICE PROVIDER shall, to the fullest extent permitted by law, indemnify, defend and hold harmless CITY, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers (“INDEMNITEES”) from and against any and all claims, liabilities, expenses, liens, or damages of any nature, including liability for bodily injury, property damage or personal injury, and including reasonable attorneys' fees and expenses, that arise out of, pertain to, or relate to the performance of this Agreement or the failure to comply with any obligations contained in this Agreement by SERVICE PROVIDER, and/or its agents, officers, employees, subcontractors, or independent contractors (“CLAIM”).
22.2. Exceptions. SERVICE PROVIDER is not required to indemnify INDEMNITEES against liability for bodily injury, property damage or personal injury, or any other loss, damage or expense arising from the sole negligence or willful misconduct of CITY.
22.3. Not limited by insurance. The indemnity, defense and hold harmless provisions of this Agreement apply to all CLAIMS alleged against an INDEMNITEE, regardless of whether any insurance policies are applicable. Policy limits do not act as a limitation upon the amount of indemnification or defense to be provided by SERVICE PROVIDER.
22.4. Right to Offset. CITY shall have the right to offset against any compensation due SERVICE PROVIDER under this Agreement any amount due CITY from SERVICE PROVIDER as a result of SERVICE PROVIDER'S failure to pay CITY promptly any indemnification arising under this Section (22) and any amount due CITY from SERVICE PROVIDER arising from SERVICE PROVIDER'S failure either to (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers' compensation laws.
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22.5. Interpretation. This Section shall constitute an agreement or contract of indemnity, incorporating the interpretations under California Civil Code Section 2778. It is expressly understood and agreed that the obligation of SERVICE PROVIDER to indemnify the INDEMNITEE shall be as broad and inclusive as permitted by the laws of the State of California and shall survive termination of this Agreement.
23. Entire Agreement; Modification; Conflicting Provisions. This Agreement constitutes the entire Agreement between the Parties and supersedes any previous agreements, oral or written. This Agreement may be modified or provisions waived only by a subsequent mutual written agreement executed by CITY and SERVICE PROVIDER. If the provisions contained in the main body of this Agreement conflict with any provision contained in an exhibit to this Agreement, the provisions of the main body of this Agreement shall govern and control over any provision contained in an exhibit to this Agreement.
24. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California. This Agreement was entered into and is to be performed in the County of Santa Clara. Any action or dispute arising out of this Agreement shall only be brought in Santa Clara County.
25. Interpretation. This Agreement is a negotiated document and shall be deemed to have been drafted jointly by the Parties, and no rule of construction or interpretation shall apply against any particular Party based on a contention that the Agreement was drafted by one of the Parties including, but not limited to, California Civil Code § 1654, the provisions of which are hereby waived. This Agreement shall be construed and interpreted in a neutral manner.
26. Preservation of Agreement. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected or invalidated.
27. Binding Agreement. Notwithstanding the provisions of Section 20 above, this Agreement shall bind any and all successors in interest, legal representatives and/or other permitted assignees or transferees of SERVICE PROVIDER in the same manner as if those successors in interest, legal representatives or other permitted assignees or transferees had entered into this Agreement originally.
Signatures are on the following page.
///
///
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28. Authority to Execute. Those individuals who are signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.
IN WITNESS THEREOF, these Parties have executed this Agreement on the day and year shown below.
AS SET FORTH IN CA. CORP. CODE § 313, TWO SIGNATURES ARE REQUIRED FOR CALIFORNIA CORPORATIONS:
(1) CHAIRPERSON OF THE BOARD, PRESIDENT, OR VICE PRESIDENT; AND (2) SECRETARY, ASSISTANT SECRETARY, CHIEF FINANCIAL OFFICER OR ASSISTANT TREASURER.
ATTEST: CITY OF MORGAN HILL
City Clerk/Deputy City Clerk City Manager
Michelle Bigelow Christina J. Turner
Print Name Print Name
Date: Date:
APPROVED AS TO FORM: CHRISP COMPANY
City Attorney By:
Donald A. Larkin
Print Name
Date:
Print Name and Title of Signer.
If Corporate: Chairman, President or
Vice President
Date:
By:
Date:
Print Name and Title of Signer.
If Corporate: Secretary, Assistant
Secretary, Chief Financial Officer or
Assistant Treasurer
374600 1000000306
Contractor’s License Number(s) (if applicable) Contractor’s DIR Registration Number(s) (if applicable) Expiration Date(s) 05/31/2023 Expiration Date(s) 06/30/2022 U:\Legal Forms\Consultant Agreements\City Maintenance Service Agreement.Docx David L. Morris - Executive Vice President
5/5/2022
Tammie Allison - Secretary
5/5/2022
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EXHIBIT A
SCOPE OF SERVICES
The Service Provider will provide traffic striping, signing and pavement marking services to the City of Morgan Hill. The general scope of work is to place new or replace existing traffic striping, signing and pavement markings at locations to be determined by the City of Morgan Hill staff.
The Contractor will provide the City of Morgan Hill with on-call and emergency services to perform the work as described herein.
1-1 SCOPE OF SERVICE:
The Contractor will furnish all tools, equipment, apparatus, facilities, labor, service and materials to perform all work necessary to provide traffic striping, signing and pavement markings services. All labor, services, materials and equipment shall be furnished and said work performed and completed by the Contractor as an independent contractor, subject to the inspection and approval of the Public Services Director of the City of Morgan Hill, or his representative.
A. Pavement Restriping and Pavement markings shall conform to the latest of the State of California
Transportation Agency
Department of Transportation
California Manual on Uniform Traffic Control Devices (CMUTCD) Chapter 6, Markings
(2014 Edition, updated 3/30/2021)
and is classified by patterns as described in:
Section 3A.06 Functions, Widths and Patterns of Longitudinal Pavement Markings Standard:
The general functions of longitudinal lines shall be:
A. A double line indicates maximum or special restrictions, B. A solid line discourages or prohibits crossing (depending on the specific application), C. A broken line indicates a permissive condition, and
D. A dotted line provides guidance or warning of a downstream change in lane function The widths and patterns of longitudinal lines shall be as follows:
A. Normal line – 4 to 6 inches wide
B. Wide line – at least twice the width of a normal line C. Double line – two parallel lines separated by a discernible space D. Broken line – normal line segments separated by gaps E. Dotted line – noticeably shorter line segments separated by shorter gaps than used for a broken line. The width of a dotted line extension shall be at least the same as the width of the line it extends.
All installed lines shall meet the appropriate specifications noted in the details under the sections related to the speeds as referred to within Part 3, as well as Part 9 (Traffic Control for Bicycle Facilities) for markings and signage related to bicycle lanes and devices.
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1. Single Traffic Line Four (4) inch wide broken yellow line for center line; four (4) inch wide broken white line for lane line; solid four (4) inch yellow lead line.
2. Double Solid Yellow Line Double four (4) inch wide solid yellow line with a three (3) inch painted black line in between.
3. Two-Way Left-Turn Lane Double four (4) inch wide yellow line, one line broken and the other line solid, with a three (3) inch painted black line in between. (Note: This pattern is actually one-half of the entire pattern.)
4. Edge Line
a. Single White Solid four (4) inch wide white line is used on both streets and parking lots. b. Single Yellow Edge Line Solid four (4) inch wide yellow line is used on streets and parking lots.
5. Bike Lane Line Solid six (6) inch wide white line, broken the last ninety-six (96) feet before each intersection (alternating four (4) feet of paint and eight (8) feet blank).
6. Channelizing Line Solid eight (8) inch wide white line.
7. Lane Drop Line Broken eight (8) inch wide white line.
All traffic stripes and pavement markings shall be consistent with these specifications and shall be painted by mechanical means. Stencils for legends shall conform to the latest FEDERAL SPECIFICATIONS. The City may furnish the stencil legends for use during the contract in order to match existing legends.
B. Bid Items
1. Restriping. These items shall be bid, measured and paid for on a per-linear-foot basis.
Payment shall include full compensation for furnishing all labor, materials, tools and equipment, and for doing all related work involved in completing this item as required by these Specifications.
2. Repainting legends. This item shall be bid, measured and paid for on a per-each basis.
Payment shall include full compensation for furnishing all labor, materials, tools and equipment, and for doing all related work involved in completing this item as required by these Specifications.
C. Materials
1. All materials specified by brand name or number represent a level of quality. A different product may be used if it is equal or superior in all ways and is approved in advance by the City Representative. Paint shall not be thinned or reduced. The Contractor must note any deviations on proposals submitted.
Paint for traffic stripes and pavement markings shall be waterborne paint conforming to the following specification:
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Color
Specifications
White, Yellow, Black
State Specification
No. PTWB-012R
SPECIFICATION FOR GLASS SPHERES (BEADS)
D. Methods of Application
1. Surface preparation: All dirt, oil, grease and other foreign matter shall be removed from the area of the pavement to be painted with traffic paint. No paint shall be applied until the City Inspector confirms that the surface has been adequately prepared.
2. Surface Conditions: Traffic paint shall not be applied when the air temperature is less than 40 Fahrenheit or when the pavement is appreciably wet or damp. No paint shall be applied until the City Inspector confirms that conditions are adequate.
3. Paint Application: Paint shall be applied with an airless striping machine, approved by the City Inspector. Where required, the striping machine shall be equipped with separate thermostatically controlled heating devices for each paint and bead pot. The machine shall be capable of applying paint whereby the lines and markings have clear-cut edges, true and smooth alignment, and uniform thickness. Drips, overspread, improper markings and paint tracked by traffic shall be immediately removed from the pavement surface by methods approved by the City Representative. All such removal shall be at the Contractor’s expense.
4. All paint, beads, and related products used must be guaranteed by the contractor to be free from manufacturers defects for one (1) full year from the date of application.
5. Rates of Application: Paint and beads shall be applied at the following rates:
Legends and Other Pavement Markings
Repainting:
All traffic markings, in paint or thermoplastic, must meet reflective standards as noted in Section 84 of
State of California
California State Transportation Agency
Department of Transportation
2018 Standard Specifications
A range is specified for some of the rates of application to allow for differences in texture of the pavement surface and in widths of lines. This does not imply that the rate of application can vary for a given classification or line.
6. Except where explicitly authorized by the City Representative, the painted lines shall exactly coincide with the original painting. A maximum 1/4" tolerance deviation is allowed.
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7. All completed lines and markings shall be clean and sharp as to dimensions ragged ends of segments, fogginess along the sides or dribbling of paint on unpainted areas will not be permitted and shall be removed by the Contractor if they do occur.
8. The finished paint shall have an opaque, well-painted appearance with no black or other discoloration showing through.
9. The contractor shall exercise all reasonable precautions to protect the paint, as applied, during drying time. The Contractor shall remove all objectionable tracking identified by the City Representative by sandblasting or using high-pressure water.
10. During the contract period, the City may select any of the contractors’ paint products to be used in the City and send them to an independent laboratory for testing. If the test sample meets the specification required, the City will pay for the test. If the sample does not meet the specification required, the Contractor shall pay for the test and all related costs of the test as well as the costs of removing all paint that does not meet the specification. In addition, the Contractor may be liable for breach of contract.
11. Raised Pavement Markers: The contractor shall replace any markers he/she paints, damages or removes.
12. All methods of operation shall be in accordance with all applicable Cal-OSHA and Federal regulations.
E. Coordinating Work
1. The Contractor shall provide a work schedule approved by the City Representative prior to start of work.
2. The Contractor shall schedule his work, in advance, with the City Representative.
3. The Contractor shall post approved temporary “No Parking” signs anywhere necessary at least twenty-four (24) hours, but no more than forty-eight (48) hours, in advance of work.
The signs shall indicate the dates and times that no parking will be in effect. The Contractor will not be awarded extra working days due to delays caused by inadequate notice of property owners, unless otherwise approved by the City Representative.
4. The Contractor shall coordinate his schedule with any other work that might interfere or be impacted, including street resurfacing, street trenching or repair efforts and garbage pickup.
F. Daily Log
1. The Contractor shall meet at the conclusion of every work day with the designated City Representative to present a written record of the units completed for that day for approval (utilizing a Daily Log) and to propose and receive approval for work to be performed the next working day. The log will include where the work was done, linear feet and type of striping, and the work location for the following day.
1-2. TERM OF SERVICE The term of the contract will be from July 1, 2022 through June 30, 2024. The contract may be canceled or any portion thereof at any time during the term of
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service and such cancellations shall be effective upon giving thirty (30) days written notice.
The City, at its option, may renew this contract for up to three additional one-year terms beginning on July 1, 2024. This option will be exercised only if the contractor has demonstrated superior performance in provision of traffic striping, signing and pavement markings services to the City.
1-3 WORK HOURS
The work hours for any, and all traffic striping, signing and pavement markings maintenance, replacement and new installation will be scheduled with City Maintenance Staff during regular business hours (7:00 a.m. to 6:00 p.m. Monday through Friday). Work of any type that may affect traffic on commute routes (arterial and collector streets) cannot be scheduled for work prior to 9:00AM or after 4:00PM. Contractor will be responsible to confirm with the City Maintenance Manager or designated representative if a street has these time restrictions prior to performing any work. Work scheduled on arterial roads and collectors must be approved by the City Maintenance Manager, or authorized delegate to assure no work is performed during commute hours that may impede the flow of traffic.
Deviation from the above will not be permitted except by written permission of the City Maintenance Manager or designated representative from the facility.
From time to time, the City may take on improvement projects or other construction. The Contractor shall cooperate with the City or its agents while said work is underway. 1-4 WORKMANSHIP AND QUALITY LEVEL
All work shall be performed by staff directly employed and supervised by the Contractor. The Contractor shall provide management and technical supervision through competent supervisors as required to provide the traffic striping, signing and pavement markings. The Contractor shall be responsible for the skills, methods and actions of all employees, subcontractors and for all work done.
The Contractor shall cooperate with the representative authorized by the City to enable them to determine the Contractor's conformity with these specifications and the adequacy of the work being performed. The Contractor shall give personal supervision to the work and will meet with the Maintenance Manager or designated City representative, as needed. 1-5. LOCATIONS
The locations will be within the City of Morgan Hill City limits and are to be determined. 1-6. ACTIVITY REPORT
The Contractor shall provide a computerized activity report to the City Maintenance Manager via e-mail with all invoices. No payment will be made without submittal of the report: The report shall include:
i. Names of City staff who made the service call.
ii. The number of hours spent for each service.
iii. Materials used and quantities.
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iv. Copies of all daily logs (Section 2F) initialed by designated City Representative or time stamped e-mail and a return receipt.
1-7. RESPONSE AND SERVICE
i. The Contractor shall provide response to service request within twenty-four (24) hours. ii. Work shall be completed as soon as possible, and in all cases no less than fourteen (14) calendar days, unless extended in writing by the City and as agreed upon by City and Contractor.
iii. Failure to meet the response time requirements by the Contractor shall be sufficient cause for the City to authorize work to be completed by others and deduct the costs of said maintenance from payments due the Contractor. Repetitive failure shall be deemed sufficient cause for the City to terminate the contract.
1-8. SAFETY
The Contractor and staff shall follow all established safety procedures and shall take special care not to endanger the public in any way.
1-9. EMERGENCY SITUATIONS
For medical or public safety emergencies call 9-1-1. For all emergencies contact the Maintenance Manager or designated staff to report the issue immediately (24-hours/day)
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EXHIBIT B
SCHEDULE OF COMPENSATION RATES
Please see attached Schedule of Compensation Rates
Pricing entries in Cost Schedule of proposal package apply to the period of July 1, 2022 to June 30, 2024. For services beginning on July 1, 2024, the Contractor may request a percentage adjustment to the pricing for all services equal to the Consumer Price Index (CPI) for the San Francisco Bay Area Counties. This request must be in writing ninety (90) days prior to July 1, 2024.
EXHIBIT B
COST SCHEDULE
TRAFFIC SIGNING, STRIPING AND PAVEMENT MARKINGS MAINTENANCE Name of Contrator: Chrisp Company
Total quantities per year cannot be estimated at this time. Please enter unit pricing for each item described below. The lowest bid for each bid item's "Paint Bid Unit Price," will receive a maximum of (1) point and the lowest bid for each bid item's "Thermoplastic Bid Unit Price," will receive a maximum of (1) point."
Item Item Description
No.
Paint Striping Detail 1
1 Paint Striping Detail 2
2 Paint Striping Detail 9
3 Paint Striping Detail 12
4 Paint Striping Detail 21
5 Paint Striping Detail 22
6 Paint Striping Detail 25
7 Paint Striping Detail 28
8 9 Paint Stripinq Detail 38
10 Paint Stripinq Detail 38A
11 Paint Type IV Arrow
12 Paint Type VII Arrow
$
$
$
$
$
$
$
$
$
$
$
Paint
Bid Unit Price
/LF
.45ct
/LF
.60ct
id:.
/LF
.60 '•
/LF
.6Oct
/LF
.72ct
/LF
.85ct
/LF
.60ct
/LF
1.45 .80(t /LF
. 75ct /LF
65.00 lea
$ 117.00 /ea
22 $
$
$
$
$
$
$
$
$
$
$
$
Thermoplastic
Bid Unit Price
1.00 /LF
1.20 /LF
/LF
1.20 /LF
1.20 /LF
3.00 /LF
3.40 /LF
2.50 /LF
5.80 2.65 /LF
2.55 /LF
85.OO/ea
156.OOtea
Schedule of Compensation Rates
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EXHIBIT C
SCHEDULE OF PERFORMANCE
The work hours for any, and all traffic signing, striping and pavement markings maintenance, replacement and new installation will be scheduled with City Maintenance staff during regular business hours: 7:00 a.m. to 6:00 p.m. , Monday through Friday. Deviation from the above days and hours will not be permitted except by written permission of the City Maintenance Manager, City Maintenance Coordinator or designed City representative.
Work of any type that may affect traffic on commute routes (arterial and collector streets) cannot be scheduled for work prior to 9:00AM or after 4:00PM. Contractor will be responsible to confirm with the City Maintenance Manager or designated representative if a street has these time restrictions prior to performing any work. Work scheduled on arterial roads and collectors must be approved by the City Maintenance Manager, or authorized delegate to assure no work is performed during commute hours that may impede the flow of traffic.
From time to time, the City may take on improvement projects or other construction. The Contractor shall cooperate with the City or its agents while said work is underway.
9 CITY COUNCIL STAFF REPORT
MEETING DATE: June 1, 2022
PREPARED BY:
Hilary Holeman, Administrative Analyst
APPROVED BY: City Manager
RATIFY CITY POSITION ON PENDING LEGISLATION, ASSEMBLY
BILL 2181 (BERMAN) SANTA CLARA VALLEY TRANSPORTATION
AUTHORITY: BOARD OF DIRECTORS
RECOMMENDATION(S)
Ratify the City’s position on pending legislation, Assembly Bill 2181.
Estimated Time:
COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Supporting our Youth, Seniors, and Entire Community
Preserving and Cultivating Public Trust
Advancing Regional Initiatives
2022-2023 Strategic Priorities
Transportation
REPORT NARRATIVE:
Per Resolution No. 20-010 (Attachment 1), the City Council recognizes occasional situations arise where communication indicating support or opposition on pending State, County, or other regional boards' legislation or action that could be important and may occur prior to the next scheduled City Council meeting. Under these circumstances, the Mayor or City Manager is delegated the authority to prepare, execute and transmit written or verbal communications indicating a City's position when any of the following criteria are met: a) the League of California Cities, or a similar organization, has requested the City to comment or take a position, b) the timing to express a position occurs prior to the next scheduled Council meeting, and c) the pending State, County, or other regional boards' legislation or action clearly supports or clearly hinders the implementation or fulfillment of an adopted City Council Priority, Goal, or Strategy in a substantial manner such that it is in the best interest of the City to indicate its comment or position. When this occurs, a written report to the City Council for acceptance is required at the next possible meeting.
9 Assembly Bill 2181 (Attachment 2) authored by Assembly Member Berman, revises the membership of the board of directors of the Santa Clara Valley Transportation Authority (VTA). Specifically, this bill:
1) Revises the membership of the VTA board to instead consist of the following:
a. Two county representatives who are community members and appointed by the president of the board of supervisors of Santa Clara County. b. Five representatives of the City of San Jose, including at least two city council members or the mayor and two community members, appointed by the mayor with city council approval.
c. Five representatives of the other cities in the county, including at least two community members and two city council members or mayors of those cities, elected through a ranked choice voting process by the city councils of those cities, as specified.
2) Authorizes the VTA board to include ex officio nonvoting members from regional transportation or governmental bodies and increases the terms of the board members to four years.
On May 23, 2022, the Mayor communicated a letter opposing AB 2181 unless amended (Attachment 3) expressing concern about the representation of smaller cities in South Santa Clara County.
COMMUNITY ENGAGEMENT:
Inform
This report serves to inform the community on the City’s position on pending legislation that directly impacts the City of Morgan Hill.
ALTERNATIVE ACTIONS:
The City Council could rescind the position taken.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
City Council periodically ratifies City positions on various pending State, County or other regional board legislations or actions that have a direct impact on the City of Morgan Hill.
FISCAL AND RESOURCE IMPACT:
Tracking legislation is an activity included in the annual workplan of the City Manager’s Office.
CEQA (California Environmental Quality Act):
Not a Project - administrative action/activity without an impact.
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AMENDED IN ASSEMBLY MAY 2, 2022
AMENDED IN ASSEMBLY APRIL 18, 2022
california legislature—2021–22 regular session
ASSEMBLY BILL No. 2181
Introduced by Assembly Member Berman
February 15, 2022
An act to amend and repeal Section 100060.2 of, and to amend, repeal, and add Section 100060 of, the Public Utilities Code, relating to transportation.
legislative counsel’s digest
AB 2181, as amended, Berman. Santa Clara Valley Transportation Authority: board of directors.
Existing law creates the Santa Clara Valley Transportation Authority (VTA) with various powers and duties relative to transportation projects and services and the operation of public transit in the County of Santa Clara. Existing law vests the government of the VTA in a 12-member board of directors, which consists of 2 representatives of the County of Santa Clara who are members of, and appointed by, the county’s board of supervisors, 5 representatives of the City of San Jose who are city council members or the mayor and appointed by the city council, and 5 representatives of the other cities in the county who are city council members or mayors of those cities as provided by agreements among those cities, whose terms of office are 2 years, as specified.
This bill, on and after July 1, 2023, would revise the membership of the board of directors to instead consist of 2 representatives of the county who are community members and appointed by the president of the board of supervisors with board of supervisors approval, 5
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representatives of the City of San Jose, including at least 2 city council members or the mayor and 2 community members, appointed by the mayor with city council approval, and 5 representatives of the other cities in the county, including at least 2 community members and 2 city council members or mayors of those cities, elected through a ranked choice voting process by the city councils of those cities, as specified.
The bill would impose city or county residency requirements on the community members serving on the board of directors, as provided.
The bill would, on and after July 1, 2023, authorize the board of directors to include ex officio nonvoting members from regional transportation or governmental bodies and would increase the directors’ terms of office to 4 years. To the extent this bill would mandate that a local government provide a new program or higher level of service, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 100060 of the Public Utilities Code is line 2 amended to read:
line 3 100060. (a) The government of the VTA shall be vested in a line 4 board of directors that shall consist of 12 members, as follows:
line 5 (1) Two representatives of the county and one alternate who line 6 shall be members of the board of supervisors of the county, line 7 appointed by the board of supervisors.
line 8 (2) Five representatives of the City of San Jose and one alternate line 9 who shall be city council members or the mayor of the City of San line 10 Jose, appointed by the city council.
line 11 (3) Five city council members or mayors selected from among line 12 the city councils and mayors of all of the cities in the county, other line 13 than the City of San Jose, as provided by agreements among those line 14 cities. The agreements may provide for the appointment of 97 AB 2181 — 2 —
line 1 alternates, who shall be city council members or mayors, for those line 2 city representatives.
line 3 (b) An alternate may vote in the place of a director represented line 4 by that alternate if the director is absent.
line 5 (c) To the extent possible, the appointing powers shall appoint line 6 individuals who have expertise, experience, or knowledge relative line 7 to transportation issues.
line 8 (d) This section shall become inoperative on July 1, 2023, and, line 9 as of January 1, 2024, is repealed.
line 10 SEC. 2. Section 100060 is added to the Public Utilities Code, line 11 to read:
line 12 100060. (a) The government of the VTA shall be vested in a line 13 board of directors that shall consist of 12 voting members, as line 14 follows:
line 15 (1) Two representatives of the county, who shall be appointed line 16 by the president of the board of supervisors with board of line 17 supervisors approval by at least a four-fifths vote, consistent with line 18 both all of the following requirements: following:
line 19 (A) One representative shall be a nonelected community member line 20 with expertise in financing and accounting.
line 21 (B) One representative shall be a nonelected community member line 22 with expertise in infrastructure management, construction line 23 management, or project management.
line 24 (C) The nonelected community members shall reside in the line 25 county.
line 26 (2) Five representatives of the City of San Jose, who shall be line 27 appointed by the mayor of the City of San Jose with city council line 28 approval, consistent with all of the following:
line 29 (A) At least two representatives shall be city council members line 30 or the mayor of the City of San Jose.
line 31 (B) At least two representatives shall be nonelected community line 32 members who, to the extent possible, have expertise, experience, line 33 or knowledge relative to transportation issues. line 34 (C) The mayor of the City of San Jose shall appoint at least one line 35 representative pursuant to this paragraph who uses public transit line 36 as their primary mode of transportation.
line 37 (D) The nonelected community members shall reside in the City line 38 of San Jose.
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line 1 (3) Five representatives of the cities in the county, other than line 2 the City of San Jose, elected in a manner consistent with all of the line 3 following:
line 4 (A) At least two representatives shall be nonelected community line 5 members who, to the extent possible, have expertise, experience, line 6 or knowledge relative to transportation issues.
line 7 (B) At least two representatives shall be city council members line 8 or mayors of the cities in the county, other than the City of San line 9 Jose.
line 10 (C) The nonelected community members shall reside in one of line 11 the cities in the county, other than the City of San Jose. line 12 (C)
line 13 (D) To the extent possible, each regional group, as provided for line 14 by agreements among the cities in the county, other than the City line 15 of San Jose, shall be represented on the board of directors by a line 16 representative elected pursuant to this paragraph. line 17 (D)
line 18 (E) The representatives shall be elected through the following line 19 ranked choice voting process:
line 20 (i) VTA shall develop an application process.
line 21 (ii) In order to be eligible to be selected, a candidate shall line 22 complete an application and submit the application to VTA. line 23 (iii) VTA shall create one ranked choice ballot that includes line 24 only those candidates that submitted complete applications. line 25 (iv) The city council of each city in the county, other than the line 26 City of San Jose, shall, in a public forum, rank those candidates line 27 using the ranked choice ballot created pursuant to clause (iii) and line 28 submit the ranked choice ballot to VTA by a date determined by line 29 VTA.
line 30 (v) VTA shall count the ranked choice ballots submitted line 31 pursuant to clause (iv).
line 32 (E)
line 33 (F) (i) If a representative who is elected as a city council line 34 member or mayor of a city in the county, other than the City of line 35 San Jose, no longer serves in that capacity as a city council member line 36 or mayor, the representative may continue to serve on the board line 37 of directors until their term on the board of directors expires, except line 38 as specified in clause (ii).
line 39 (ii) If a representative continuing to serve on the board of line 40 directors pursuant to clause (i) would violate the requirements of 97 AB 2181 — 4 —
line 1 subparagraph (A) or (B), the representative shall not continue to line 2 serve on the board and shall be replaced in a special election line 3 conducted through the process described in subparagraph (D). (E). line 4 (b) In addition to the 12 voting members described in line 5 subdivision (a), VTA’s board of directors may include ex officio line 6 nonvoting members from regional transportation or governmental line 7 bodies.
line 8 (c) VTA shall ensure that representatives of a single city do not line 9 compose a majority of the board of directors.
line 10 (d) A representative appointed or elected pursuant to this section line 11 shall serve a four-year term and may be reappointed without line 12 limitation.
line 13 (e) VTA shall implement guidelines to provide for the removal line 14 for cause of a representative appointed or elected pursuant to this line 15 section.
line 16 (f) This section shall become operative on July 1, 2023. line 17 SEC. 3. Section 100060.2 of the Public Utilities Code is line 18 amended to read:
line 19 100060.2. (a) Except as otherwise provided, the term of office line 20 for each director shall be two years and until the appointment and line 21 qualification of their successor. A successor shall be appointed line 22 not later than 30 days immediately upon the expiration of a line 23 director’s term. A vacancy exists whenever a director ceases to line 24 hold office on the city council or board of supervisors from which line 25 they were appointed. Any vacancy shall, within 60 days of its line 26 occurrence, be filled for the balance of the term by the body that line 27 made the original appointment.
line 28 (b) This section shall become inoperative on July 1, 2023, and, line 29 as of January 1, 2024, is repealed.
line 30 SEC. 4. If the Commission on State Mandates determines that line 31 this act contains costs mandated by the state, reimbursement to line 32 local agencies and school districts for those costs shall be made line 33 pursuant to Part 7 (commencing with Section 17500) of Division line 34 4 of Title 2 of the Government Code.
O
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17575 Peak Avenue
Morgan Hill, CA 95037-4128
TEL: (408) 779-7271
FAX: (408) 779-3117
www.morganhill.ca.gov
May 23, 2022
Honorable Marc Berman
Assemblymember
State Capitol
Box 942849
Sacramento, CA 94249
Re: AB 2181 (Berman) Santa Clara Valley Transportation Authority: board of directors Oppose Unless Amended
Dear Assemblymember Berman,
While the City of Morgan Hill is in favor of reforming Valley Transportation Authority’s (VTA) governance structure, we have reservations about the smaller cities in South Santa Clara County representation as AB 2181 is written and are concerned about having an adequate voice. AB 2181 is a significant step that would have far reaching implications for the delivery of transit and transportation in Santa Clara County. The impact of these changes will have a long-lasting effect and seriously undermine the principle of regional representation balanced with population, as with the current VTA board structure.
The replacement of the Board with a hybrid structure, as proposed, will remove a major attribute of the current Board, which is the responsibility for transportation decisions being made by elected officials who understand and implement land use decisions. For Morgan Hill specifically, it will greatly reduce our ability to meaningfully represent the interests of our city within the context of regional needs.
We have the following concerns with the bill as written:
• Unnecessarily complex and cumbersome process to select the city representatives • Lack of clarification on the definition of “financial experience” and “expertise relative to transportation” • Timelines of terms for elected officials and how they correspond with cities terms • Having non-elected candidates make a regional pitch beyond their city group • Small cities making changes to city groupings as they please While no organizational set up is perfect, VTA’s representation has been examined and re-examined many times over the years. There can certainly be improvements and VTA’s Board Enhancement Committee has gone a long way to address these issues. This bill as currently written is not the answer.
For the above reasons, the City of Morgan Hill cannot support AB 2181, unless amended. We encourage you to work with the small to mid-sized cities in our region to ensure that all residents of our County are represented on this important public agency.
Sincerely,
Rich Constantine, Mayor
City of Morgan Hill
Cc: County of Santa Clara Legislative Delegation
Santa Clara Valley Transportation Authority Board of Directors Santa Clara Valley Transportation Authority Policy Advisory Council Seth Miller, Regional Public Affairs Manager, League of California Cities, [email protected] Meg Desmond, League of California Cities, [email protected]