Morgan Hill City Council
June 18, 2025

CITY OF MORGAN HILL

UTILITIES DIVISION - INVITATION TO BID
150 kW TRAILER MOUNTED DIESEL GENERATOR

THIS FORM MUST BE USED WHEN SUBMITTING BID
Cost Schedule
Generator Make: _______________________ Model: __________ YR: _____ Trailer Make: __________________________ Model: __________ YR: _____ Total Bid Amount (Includes generator, trailer, freight, delivery, setup, permitting, licensing, sales tax, fees, and all incidentals) $_____________________
Atlas Copco QAS 200 JD 2025
Atlas Copco Trailer 2025
Sales Tax 9.125% 169,150
Lead time is 12-16 Weeks
After receipt of order

CITY OF MORGAN HILL

UTILITIES DIVISION - INVITATION TO BID
150 kW TRAILER MOUNTED DIESEL GENERATOR

THIS FORM MUST BE USED WHEN SUBMITTING BID
Non-Collusion Declaration
(To be executed by Contractor and submitted with bid)
The undersigned declares:

I am the __________________________ [title] of _____________________________[business name], the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The Contractor has not directly or indirectly induced or solicited any other Contractor to put in a false or sham bid. The Contractor has not directly or indirectly colluded, conspired, connived, or agreed with any Contractor or anyone else to put in a sham bid, or to refrain from bidding. The Contractor has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the Contractor or any other Contractor, or to fix any overhead, profit, or cost element of the bid price, or of that of any other Contractor. All statements contained in the bid are true. The Contractor has not, directly, or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has no paid and will not pay, any person or entity for such purpose.

This declaration is intended to comply with California Public Contract Code Section 7106 and Title 23 U.S.C Section 112.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and
correct, and that this declaration is executed on ____________________ [date], at ____________________________________ [city], _________________ [state]. __________________________________________ Signature ________________________________________ Name [print] Owner /Principal ECB Solutions, LLC
May 7, 2025
Oxford Mississippi
Ellis Bledsoe

Product Reference –QAS 150-200 JD T4F
PN# TBD
Rev 04
QAS 150-200 JD T4F
Mobile Generator
Standard Scope of Supply
The Atlas Copco QAS 150 & QAS 200 JD T4F generators are prime power, multi-voltage, sound attenuated, mobile generators. They are powered by a John Deere T4 Final liquid-cooled, six-cylinder diesel engine.

The units consist of an alternator, diesel engine, cooling system, electrical distribution and control systems - all enclosed within a sound attenuated enclosure fabricated powder coated zinc rich primer 6000-hour salt spray tested.

A broad range of undercarriage formats and options are available.

Special attention has been given to the overall product quality, user friendliness, ease of serviceability, and economical operation to ensure best in class total cost of ownership.

Available Models
QAS 150 JD Multiple voltage – 150 kVA prime power – JD engine QAS 200 JD Multiple voltage – 200 kVA prime power – JD engine Standard Features Benefits
• Compact, sound attenuated, corrosion resistant, with single point lifting and 110% fluid containment
• Extremely durable and environmentally sensitive,
designed to be used for everything from the oil field to special event power
• Dual axle trailer as standard, available as a skid mounted unit with forklift pockets as an option
• Versatility, giving you the flexibility to match your machine to the correct application
• Heavy Duty alternator with AREP excitation and marine grade protection
• Start-up power for the most demanding sites with 300% overload starting capabilities
• Single side service with long run filters and 500-hour service intervals
• Heavy duty oil, air and fuel filters extend the maintenance interval to 500 hours for reduced total cost of ownership • John Deere 6068HFG05 with Variable Speed Fan and
ETM system
• Proven engine platform with high reliability and durability, along with VSF and Exhaust Temperature Management
system that minimizes the risks of wet stacking
• Battery Charger (24V, 12A) • On board charger to ensure the battery is always ready for service
• External Fuel Tank connections (3-way valve) located
inside the enclosure
• Flexibility to work with an external and larger fuel tank for extended autonomy.
• Identical enclosures and maintenance points between
models
• Reduces stock of service kits and inventory of parts with rental ROI kept in mind
• Emergency Stop • External, recessed emergency stop for increased safety • Remote signal Start / Stop • Allows connection as a critical back-up unit via a 2- wire dry contact connection in the distribution panel
• Fleetlink Telematics • Intelligent fleet monitoring system in-built to help you remotely monitor your fleet

QAS 150-200 JD T4F – Product Reference
Product Reference –QAS 150-200 JD T4F
PN# TBD
Rev 04
Technical Data1
Generator Units QAS 150 JD QAS 200 JD
Frequency Hz 50 60 50 60
Rated Prime Power @ 400V/50Hz & 480V/60Hz 3Ø kW / kVA 100/125 120/150 131/164 160/200 Rated Standby Power @ 400V/50Hz & 480V/60Hz 3Ø kW / kVA 110/138 132/165 144/180 176/220 3Ø Power Factor 0.8 0.8 0.8 0.8
3Ø Voltage @ 480V 60Hz (Series Star w/Neutral) V - 480Y/277 - 480Y/277 Amp Capacity @ 480V 60Hz A - 180 - 241
3Ø Voltage @ 240-208V 60Hz (Parallel Star w/ Neutral) V - 240Y/139 – 208Y/120 - 240Y/139 – 208Y/120 Rated Prime Power @ 240V 3Ø kW / kVA - 120/150 - 160/200 Amp Capacity @ 240V 3Ø A - 361 - 481
Rated Prime Power @ 208V 3Ø kW / kVA - 108/135 - 142/177 Amp Capacity @ 208V 3Ø A - 375 - 492
Rated Prime Power 1Ø kW / kVA - 76 / 76 - 102 / 102
1Ø Power Factor - 1.0 - 1.0
1Ø Voltage @ 120-240V 60Hz (Zig-Zag) V - 240/120 - 240/120 Amp Capacity @ 240V A - 316 - 425
Amp Capacity @ 120V A - 2 x 316 - 2 x 425
3Ø Voltage @ 400V 50Hz (Series Star w/Neutral) V 400Y/231 - 400Y/231 - Amp Capacity @ 400V 50Hz A 180 - 237 -
Performance Class (acc. ISO 8528-5:1993) G2 G2 G2 G2
Single Step Load Acceptance (0-PRP) @60Hz kW (%) 75 (75%) 96 (80%) 89 (68%) 113 (70.6%) Sound Pressure Level @ 23’(7 m) @ 75% Load2 dB(A) 68 70 69 71 Alternator (4 Pole, 12 Wire) Leroy Somer LSA 44.3 M6 LSA 44.3 VL13 Excitation system AREP (auxiliary winding) AREP (auxiliary winding) AVR - Automatic Voltage Regulator model D350 (std) / DVC 550 (parallel option) D350 (std) / DVC 550 (parallel option) AVR’s AC voltage regulation accuracy % ±0.25% (D350 & DVC 550) ±0.25% (D350 & DVC 550) Insulation Class H Class H
Main Breaker – Rated Current In A 400 600
Power Distribution – Terminal Board 5 Wire (L1, L2, L3, N, Ground) 5 Wire (L1, L2, L3, N, Ground) Terminal Board Connections Bare Wire Terminals Bare Wire Terminals Maximum Terminal Cable Size 350MCM 350MCM
Convenience Receptacles3 N/A (2) NEMA 5-20R GFCI &
(3) 125/250V 50A CS6369 N/A (2) NEMA 5-20R GFCI &(3) 125/250V 50A CS6369 Engine Units QAS 150 JD QAS 200 JD
Model John Deere 6068HFG05 6068HFG05
US EPA Family MJDXL06.8312 MJDXL06.8312
US EPA Tier Tier 4 Final Tier 4 Final
Displacement L 6.8 6.8
Cylinders # 6 6
Continuous Engine Power Output HP (kW) 196 (146) 235 (175) Gross Engine Power Output HP (kW) 215 (160) 257 (192)
Rated Speed RPM 1800 1800
Engine Control ECU ECU
Aspiration Turbocharged w/ Intercooler Turbocharged w/ Intercooler Engine oil capacity4 US Gal (L) 8.6 (32.5) 8.6 (32.5)
Engine coolant capacity US Gal (L) 10.5 (39.7) 10.5 (39.7) Maximum Ambient Temperature (@ Sea Level)5 °F (°C) 120 (49) 122 (50) Min. Starting Temp (w/o heater) °F (°C) 14 (-10) 14 (-10) Minimum Starting Temperature (with heater)6 °F (°C) -13 (-25) -13 (-25) Electrical System (Negative Ground) V 24 24
Engine Alternator Output A 60 60
Battery Capacity (Cold Cranking Amps) A (2) 685 (2) 685 Fuel & DEF Systems Units QAS 150 JD QAS 200 JD
Fuel Consumption @ 25% load 50Hz / 60Hz US Gal/hr (L/hr) 2.7 (10.2) 3.8 (14.4) 3.2 (12.0) 4.1 (15.4) Fuel Consumption @ 50% load 50Hz / 60Hz US Gal/hr (L/hr) 4.1 (15.5) 5.2 (19.7) 5.2 (19.7) 6.4 (24.2) Fuel Consumption @ 75% load 50Hz / 60Hz US Gal/hr (L/hr) 5.8 (21.9) 6.9 (26.1) 7.0 (26.5) 8.2 (31.0) Fuel Consumption @ 100% load 50Hz / 60Hz US Gal/hr (L/hr) 7.1 (26.9) 8.2 (31.0) 8.8 (33.3) 10.8 (41.0) Fuel Type Ultra-Low Sulfur Diesel ONLY7 Ultra-Low Sulfur Diesel ONLY7 Fuel Tank Capacity US Gal (L) 335 (1268) 335 (1268)
Fuel Autonomy @ 75% load and 90% of fuel capacity Hr 52 43.7 43.1 36.6 DEF Tank Capacity US Gal (L) 25 (94.6) 25 (94.6)
DEF Autonomy @ 75% load and 95% of DEF capacity Hr 139.4 90.0 1 All ratings are at a reference condition of 0’ altitude and 20°C (72°F) 2 Measured in accordance with ISO 2151 under free field conditions @ 7m distance 3 Please see receptacle voltage configuration in Power Distribution section on page #5 4 Engine oil to meet CJ-4 (low ash oil)
5 Please see “Derate Table” for altitude and temperature calculations on page #4 6 Coolant Heater (120V 1000W) is a standard feature.
7 Engine and emissions require the use of Ultra Low Sulfur Diesel in accordance to ASTM-D975 Grade No.1-D S15 & No.2-D S15

QAS 150-200 JD T4F – Product Reference
Product Reference –QAS 150-200 JD T4F
PN# TBD
Rev 04
Dimensions
Trailer Mounted
Skid Mounted
Weight Units QAS 150 JD QAS 200 JD
Trailer Mounted – Wet (ready to operate) lbs (Kg) 10,787 (4,893) 11,062 (5,018) Trailer Mounted – Dry lbs (Kg) 7,945 (3,604) 8,305 (3,767) Skid Mounted – Wet (ready to operate) lbs (Kg) 9,812 (4,451) 10,032 (4,550) Skid Mounted – Dry lbs (Kg) 6,970 (3,162) 7,275 (3,300) Dimensions
Trailer Mounted (L x W x H) Inches 203 x 87 x 98
Skid Mounted (L x W x H) Inches 145 x 51 x 92

QAS 150-200 JD T4F – Product Reference
Product Reference –QAS 150-200 JD T4F
PN# TBD
Rev 04
Principle Data
Alternator
The Leroy Somer LSA alternators are designed for heavy duty continuous applications, with marine winding protection and Leroy Somer’s AREP excitation system.
• AREP Excitation for superior motor starting capabilities • Marine grade (relative humidity >95%) protection
• External multi-voltage selector switch (4-position)
• 4 pole brushless design with single bearing, Class H insulation and IP23 rating • Voltage regulation +/- 0.25%
• Full Load acceptance of prime power rating
The AREP system uses 2 independent auxiliary windings located in the main stator to send supply voltage to the AVR:
• The voltage delivered by the first auxiliary winding H1 is proportional to the alternator output voltage (shunt characteristic). • The voltage delivered by the second auxiliary winding H3 is proportional to the current drawn by the alternator and is a function of the applied load (compound characteristic – booster effect). • The resulting phase-to-phase voltage supplies power to the AVR.

This power supply to the AVR power circuit is independent of the voltage sensing measured on the alternator output terminals. Therefore, the excitation current delivered by the AVR to the alternator exciter is independent of any voltage distortions (harmonics) due to the load. The AREP system gives the alternator a high overload capacity (load impact or starting electric motors) and a short-circuit capability (300% - 10 s) in order to provide discriminating protection: the alternator with AREP excitation is shorter than the one with PMG excitation. It is particularly suitable for demanding applications.

Performance @ Altitude and High Ambient Conditions
When using at altitude and high ambient conditions the engine and alternator will de-rate as per chart below.

QAS 150 Temperature °C (°F)
Height m (Feet) 0 (32) 5 (41) 10 (50) 15 (59) 20 (68) 25 (77) 30 (86) 35 (95) 40 (104) 45 (113) 50 (122) 0 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 95% 500 (1640) 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 95% 1000 (3280) 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 95% 1500 (4921) 100% 100% 100% 100% 100% 100% 100% 100% 100% 95% 95% 2000 (6561) 100% 100% 100% 100% 100% 100% 100% 100% 100% 95% 90% 2500 (8202) 100% 100% 100% 100% 100% 100% 90% 90% 90% 85% 80% 3000 (9842) 100% 100% 100% 100% 100% 100% 90% 90% 90% 85% 80% 3500 (11,482) 95% 95% 95% 95% 95% 95% 80% 80% 80% 80% 75% 4000 (13,123) 95% 95% 95% 95% 95% 95% 80% 80% 80% 80% 75% 4500 (14,764) 90% 90% 90% 90% 90% 90% 75% 75% 75% 70% 65% 5000 (16,404) 80% 80% 80% 80% 80% 80% 75% 75% 75% 70% 65% QAS 200 Temperature °C (°F)
Height m (Feet) 0 (32) 5 (41) 10 (50) 15 (59) 20 (68) 25 (77) 30 (86) 35 (95) 40 (104) 45 (113) 50 (122) 0 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 500 (1640) 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 1000 (3280) 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 1500 (4921) 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 2000 (6561) 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 95% 2500 (8202) 100% 100% 100% 100% 100% 100% 95% 95% 95% 90% 85% 3000 (9842) 100% 100% 100% 100% 100% 100% 95% 95% 95% 90% 85% 3500 (11,482) 95% 95% 95% 95% 95% 95% 85% 85% 85% 85% 80% 4000 (13,123) 85% 85% 85% 85% 85% 85% 85% 85% 85% 85% 80% 4500 (14,764) 75% 75% 75% 75% 75% 75% 75% 75% 75% 75% 70% 5000 (16,404) 70% 70% 70% 70% 70% 70% 70% 70% 70% 70% 70%

QAS 150-200 JD T4F – Product Reference
Product Reference –QAS 150-200 JD T4F
PN# TBD
Rev 04
Power Distribution
The main power is connected from the alternator through a 4-position voltage selector switch to the main power cubicle. The cubicle incorporates all power distribution, controls, sensing and protection devises.  4-position Voltage Selector Switch(VSS)
 Current transformer x 3 (1 each leg)
 Single main breaker w/shunt trip
 Individual breakers for each receptacle
 Convenience receptacles located on outside of unit for easy access  Terminal board for hard wiring
 Cam-Lock external quick connect (available as option)  External emergency stop switch (recessed)
 Neutral bonded to Ground with a removable bonding link accessible in the control cubicle Please refer to the chart below for power distribution and voltages. NOTE: All voltages below are subject to change, depending on set point of “Fine Voltage Adjustment” potentiometer and Voltage Selector Switch. *All voltages are adjustable with the “Fine Voltage Adjustment” potentiometer located on the control panel. Therefore, voltage may be different then what is shown in the above table. All voltages should be verified before connection to the unit.

Convenience Receptacles
Receptacle Type
X2, X3 120V - NEMA 5-20R GFCI (outlets)
X4, X5, X6 125/250V - CS6369 (outlets)
X7 120V - NEMA 5-15P (shore power inlet for
coolant heater and battery charger)

QAS 150-200 JD T4F – Product Reference
Product Reference –QAS 150-200 JD T4F
PN# TBD
Rev 04
Controller - Standard
The QAS 150 and QAS 200 JD T4F come equipped with a DeepSea 7310 control module. This is a fully diagnostic ECU controller with large 3” display, that is intuitive and easy to operate with all functions conveniently at your fingertips. The controller also manages the engine ECU operating system, and several safety warnings and shutdowns on various parameters (listed below).

The controller is powered by a main on/off switch located next to unit.

DeepSea 7310 Controller Functionality:

Home Page (displayed while running, scrolling every 3seconds) Info Page  Generator voltage (ph-ph)  Model number
Status Page  USB identification number
 Generator voltage (ph-N)  Configured engine type
 Generator voltage (ph-ph)  Module date and time
 Generator frequency  Scheduler setting
 Generator kw Engine Page
 Generator power factor  Engine speed
 Generator amperage  Oil pressure
Generator Page  Coolant temperature
 Generator current (A)  Engine battery volts
 Generator earth current  Run Time
 Generator load (kw)  Oil Temperature
 Generator load (kVA)  Fuel Temperature
 Generator power factor  Turbo Pressure
 Generator load (kVAr)  Fuel Pressure
 Generator load (kWh, kVAh, kVArh)  Fuel Consumption
 Generator phase sequence  Fuel Used
 Dual mutual status  Fuel Level
Event Page  Auxiliary Sensors
 Displays the last 15 events  Engine Maintenance Due
Remote Start/Stop  Engine ECU Link
 Automatic start/stop via 2 wire dry contact connection Engine DTC Page Operational Buttons  This page contains any active Diagnostic Trouble Codes that the engine ECU is currently generating.

These alarms are conditions detected by the
engine ECU and displayed on the DSE controller.
 Start button
 Stop button
 Automatic mode (external remote start)
 Up/Down arrows

QAS 150-200 JD T4F – Product Reference
Product Reference –QAS 150-200 JD T4F
PN# TBD
Rev 04
Controller – Paralleling Option
The QAS 150 and QAS 200 JD T4F are also available as an option with a Qc4004 controller and Qd0701 capacitive touch screen display. This is a fully diagnostic ECU controller with large 7” diagonal (800 x 480 pixel) touch screen display that is intuitive and easy to operate with all functions conveniently at your fingertips. The controller also manages the engine ECU operating system, and a number of safety warnings and shutdowns on various parameters.

Additionally, our Power Management System (PMS) enables the optimization of fuel consumption and expands the generator lifetime.

PMS manages the quantity of generators running in parallel with load demand, starting and stopping units in line with increases or decreases in load. This ensures the demand on each generator remains at a level which optimizes fuel consumption. This also eliminates the need for generators to run with low load levels, which can cause engine damage and shorten the life expectancy of the equipment.

Qc4004 Controller Benefits:

Modular Plant Capacity
 The Qc4004 controller allows up to 32 generators to be coupled in parallel to fit the power requirement of any application.

Remote communication capability
 The Qc4004 supports serial communication protocols including Modbus (RS-485, USB, and TCP/IP) and Profibus allowing you to supervise and control your genset/plant remotely.

User friendly rental interface
 Rental companies will benefit from the standardized user interfaces. The controller has been designed with ease of operation in mind, and rental companies can easily set and lock parameters to ensure full protection of their equipment.

Available Modes:
 Island mode - Power plant with synchronizing generators or a stand-alone generator. Also applicable in critical power plants.
 Automatic Mains Failure - Critical power/emergency standby plants, black start generator.  Fixed power - Power plant with fixed kW set point (including building load).  Peak shaving - Power plant where generator supplies peak load demand paralleled to the mains.  Load takeover - Plant mode where the load is moved from mains to generator, for example peak demand periods or periods with risk of power outages.
 Mains power export - Power plant with fixed kW set point (excluding building load).  Remote maintenance - Used when the generator must supply the load while a distribution transformer is disconnected for service.
* All modes are configurable, and it is possible to change the plant mode on the fly both in single and in power management applications.

QAS 150-200 JD T4F – Product Reference
Product Reference –QAS 150-200 JD T4F
PN# TBD
Rev 04
Engine
John Deere
JD Tier 4 Final, turbo charged, intercooled, six-cylinder, liquid-cooled diesel engine provides ample power to operate the generator continuously at full-load.

Meets all US EPA, CARB and Environment Canada exhaust legislations with Tier 4 Final compliance. The engine utilizes a Selective Catalytic Reduction (SCR) and Diesel Exhaust Fluid (DEF) to meet final Tier 4 emissions. All functionality of the engine is controlled automatically on the controller.

The engine has the capability to start the generator at 14°F (-10°C) with standard glow-plug aid. A 1000W, 120V coolant heater is standard and allows machine starting for down to -13°F (-25°C).

The 335 Gal (1268L) fuel tank is sufficiently sized to operate the unit at full-load condition for long run times (see the Technical Data table for specifications).

The engine operates on a 24V negative ground electrical system with a charging alternator and lockable battery cutoff switch.

The cooling system is suitably designed for continuous operation in ambient conditions up to 120°F (49°C), with canopy door closed.

Fuel System
A large 335 US Gal (1268L) PE fuel tank provides safe diesel storage while eliminating tank corrosion contaminants from being introduced to your fuel system. With integrated fuel water separator and filter, the system is designed to help maintain clean and trouble-free diesel supply to the engine for reliable trouble-free operation.  Pad-lockable diesel fill cap
 Fuel / Water separator
 Inline priming pump (w/ filter)
 Fuel pre-filter
 Fuel supply pump (w/strainer)
 Fuel level sensor
 Low fuel shut down feature (programmable level)
 External fuel connections w/3-way valve and quick disconnects Scheduled maintenance
Standard equipped with filters sized and designed to allow 500-hour service intervals under normal operating conditions. Extended time between services reduces down time and total cost of ownership of the unit over its lifetime.. • 500 Hour Service Interval:
 Oil filter
 Fuel filter
 Fuel / water separator
• 1000 Hour Service Interval:
 Air filter
 Oil filter
 Fuel filter
 Fuel / water separator
NOTE: Site specific operating conditions such as; poor fuel quality and low load profile may require more frequent service intervals.

QAS 150-200 JD T4F – Product Reference
Product Reference –QAS 150-200 JD T4F
PN# TBD
Rev 04
Enclosure & Frame
The generator enclosure is designed for extreme applications to provide superior performance and reliability.

The enclosure is made of carbon steel, which is zinc rich primed, powder coated for corrosion resistance and salt spray tested for 6000 hours.

The enclosure and frame are fully sealed from the radiator to the back of the unit, providing a true 110% containment of all fluids.  16Ga carbon steel, zinc rich primed, powder coated enclosure, 6000-hour salt spray tested  Heavy duty, 3/16” thick steel base frame
 110% fluid containment
 Superior level of rain ingress protection and design features  Pad-lockable doors and fuel cap
 Engine fluid plumbed to exterior of frame for ease of service  Central lifting point
 Sound dampening material and design to allow quiet operation at 68 to 71 dB(A) Undercarriage
The QAS 150 and QAS 200 JD T4F are available with two undercarriage alternatives, providing utmost flexibility in installation, site handling or towing. Both the skid frame and the trailer mount the same way and can be interchanged for versatility. • Trailer mounted:
 Dual axle trailer
 Available with electric brakes
 DOT/Federal MVSS 49CFR571 approved light package
 Adjustable height pintle hitch (3” lunette)
 15” Rims w/ ST225/75R15 Tires for trailer use
 Heavy Duty torsion axle
 3/8” Safety chains with clevis slip hook and safety latch  Screw jack leveling, with pad foot, 3,000 lbs static capacity  Single point lifting structure
 D-Ring Tie down points x4
• Skid mounted:
 Sub-frame skid with integrated forklift pockets
 Heavy duty design for use in extreme conditions
 Frame is ¼” wider than machine to reduce damage from forklifts  Built-in locations for straps or chains to secure the unit for transport  Single point lifting structure
Factory Options Available
• Trailer stabilizer jacks
• Trailer mounted toolbox
• Spare Tire & mount
• Skid mount
• Cold weather kit (PAROIL E ULTRA - 0W40 synthetic engine oil) • Internal lights
• Parallel Cubicle (includes Qc4004 controller + Touch Screen Display, Motorized Breaker, Digital AVR) • Battery charger (12V, 6A) – standard on SV* and RS** models • External Fuel Tank connection (3-way valve) – standard on SV* and RS** models • Camlock quick connections (5 x 400A) – standard on RS** models *SV = Stock Version
**RS = Rental Spec

QAS 150-200 JD T4F – Product Reference
Product Reference –QAS 150-200 JD T4F
PN# TBD
Rev 04
Manufacturing & Environmental Standards
The QAS 150 and QAS 200 JD T4F are manufactured following stringent ISO 9001 Quality Management requirements, and by a fully implemented Environmental Management & Occupational Health and Safety Systems fulfilling ISO 14001 & ISO 45001 requirements.

Attention has been given to ensure minimum negative impact to the environment.

The QAS 150 and QAS 200 JD T4F meet all current US EPA, CARB and Environment Canada exhaust and noise emission directives.

Supplied Documentation
The unit is delivered with documentation regarding:
• Hard copies of the Atlas Copco Operators Safety and Instruction Manual, Atlas Copco Parts Book, John Deere Engine Manual and Parts book, in English as well as electronic copies available on request. • Warranty Registration card for engine and Atlas Copco Generators (Units must be registered upon receipt).

Warranty Coverage
Standard Warranty Coverage: Please refer to Atlas Copco Warranty Statement for up-to-date warranty info.

Extended Warranty Programs: Programs are available; please contact your local sales representative for more info.

CAPABILITY STATEMENT
ECB Solutions, LLC | S-Corp | Ellis Bledsoe, Principal Owner | 205-215-4347 | [email protected] | Oxford, MS | Incorporated August 2017 | Tax ID# 82-2598179 | CAGE 7XZ22 | SAM Q9DNH2XVYNN3

PROFILE
ECB Solutions specializes in supply chain and project management. We are committed to providing sensible, practical, and real-world solutions & services to our clients. Our mission is to be a reliable resource in the industries we serve, dedicated to delivering excellent services and superior-quality products.

PRODUCTS & SERVICES
Pad-mount & Pole-mount Transformers | Substation Transformers | Circuit breakers | Industrial Generators | Transfer Switches | Supply Chain Solutions | Project Management Services | Business Process Consulting

CORE COMPETENCIES
Distribution of Electrical & Industrial Equipment
Supply Chain Management
Project & Program Management
Strategic & Business Planning
Business & Manufacturing Process Improvement

CURRENT CONTRACTS
City of Meridian (ID) – 75 & 2500 kVA Padmount Transformers Portage Area Regional Transportation Authority (PARTA) – Diesel Gas Generator and Transfer Switches Washington State Department of Transportation (WDOT) – Trailer Mounted Generators Nebraska Department of Corrections – 3000 kVA Padmount Transformers National Renewable Energy Laboratory (NREL) – 1750 kVA Padmount Transformers Hoffman Construction Company (ID) – 2500 kVA Padmount Transformers City of Oxford (MS) – Diesel Gas Generators
Rochester Genesee Regional Transportation Authority (NY) – 2500 kVA Padmount Transformer City of Fort Collins (CO) – 25 kVA 1-PH Padmount Transformers Gulf County (FL) – Diesel Gas Generator
Labadie Creek Watershed/Taylor Eng (MO) – Diesel Gas Generator The University of St. Thomas (MN) – 3750 Padmount Transformer Mississippi State University – Padmount Transformers and Diesel Gas Generator The University of Southern Mississippi – 1000 kVA Padmount Transformer Hanford Mission Integration Solutions (WA) – 1500 kVA Padmount Transformer City of Salem (VA) – 500/750 kVA Padmount Transformers
Texas Dept. of Criminal Justice – 1500 kVA Padmount Transformer

CURRENT CONTRACTS
Florida Keys Aqueduct Authority – 300/750 kVA Padmount Transformers City of Farmington (NM) – 300 kVA Padmount Transformers The University of South Carolina – 500 kVA Padmount Transformer Centralia City Light (WA) – 300 kVA Padmount Transformers Colorado State University – 300 kVA Padmount Transformer

PAST PERFORMANCE
City of Hamilton (OH) Department of Infrastructure – 167 & 250 kVA Padmount Transformers Mississippi State University – 3000 kVA Padmount Transformers Mississippi State University – 1500 kVA Padmount Transformers Thomas Jefferson National Accelerator Facility (VA) – 2500 kVA Padmount Transformer FAA Aeronautical Center Customers and Borders (OK) – Liquid Propane Generators City of Nixa (MO) Public Works Department – 300 & 500 kVA Padmount Transformers Fayetteville State University – 300 & 2000 kVA Padmount Transformers City of Pearl (MS) – Natural Gas Generator and Transfer Switch Capital Region Water Authority (PA) – 1500 kVA Padmount Transformer Fayetteville State University – Natural Gas Generator and Transfer Switch City of East Jordan (MI) – Diesel Gas Generators and Transfer Switches Columbus Light & Water (MS) – 161kV Circuit Breaker, Spare Parts Columbus Light & Water (MS) – 69kV Circuit Breaker, Spare Parts Columbus Light & Water (MS) – Natural Gas Generator and Transfer Switch City of Dothan (AL)/Dothan Utilities – 150 kVA Padmount Transformers Winco Foods (UT) – 1500 kVA Padmount Transformer
Bi-State Development (MO) – Natural Gas Generator and Transfer Switch City of Nixa (MO) Public Works Department – 750 & 112.5 kVA Padmount Transformers City of Huntington Beach (CA) – 1000 kVA Padmount Transformer Murray State University (KY) – 750 kVA Padmount Transformer City of Port Angeles (WA) – Generator and Transfer Switch Tinker U.S. Air Force Base (OK) – 300 kVA Dry Type Transformer, Contract FA812624P0017 Rochester Genesee Regional Transportation Authority (NY) – 300 kVA Padmount Transformer Ohio Department of Transportation – 500 kVA Padmount Transformer, Contract #DOT42624-1 USA Garrison Ft. Detrick – 50 kVA Medium Voltage Control Transformer, Contract # W911S223P0935 City of Kenner (LA) - Department of Public Works - 112.5 kVA Padmount Transformer Fayetteville State University – 150 kVA Dry Type Transformer

BUSINESS REFERENCES
Capital Region Water Authority (PA)
Bryon Maze- Procurement Manager
(717) 216-5234
[email protected]
Columbus (MS) Light & Water
Marc Rushing-Electric Manager
(662) 386-5545
[email protected]
National Renewable Energy Laboratory (NREL)
Lu Lindsay - Subcontract Administrator | Acquisition
Services
[email protected]
HV Sales Company, Inc.

Jason Simon, P.E.- Vice President
(901) 491-4710
[email protected]
Department of Energy (DOE) - Jefferson Lab
Tom Huratiak
(757) 269-7338
[email protected]
LiRo-Hill
Stelios Moisidis, EIT- Electrical Engineer
(585) 736-9237
[email protected]
Fayetteville State University
Gene Cottrell - Director of Facilities Budget &
Administration
(910) 672-1392
[email protected]
Winco Foods/DC Engineering
Bill Crabb, PE
(208) 493-0004
[email protected]

CERTIFICATIONS
MISSISSIPPI - Minority Owned Business Enterprise (MBE) #019632 | Disadvantaged Business (DBE) ALABAMA - Birmingham Airport Authority (DBE) - #12-00956 CALIFORNIA - California Department of Transportation (DBE) # 45728 LOUISIANA - Disadvantaged Business (DBE)
MARYLAND – Small Business (SBE) | Disadvantaged Business (DBE) NORTH CAROLINA - Small Business (SBE) # 9000008934 | Historically Underutilized Business (HUB) # 72475 TENNESSEE - Minority Business (MBE) - #050918-01

NAICS - INDUSTRY CODES
425120 - Wholesale Trade Agents and Brokers
335311 - Power, Distribution, and Specialty Transformer Manufacturing 335312 - Motor and Generator Manufacturing
334416 - Capacitor, Resistor, Coil, Transformer, and Other Inductor Manufacturing 541614 - Process, Physical Distribution, and Logistics Consulting Services 541611 - Administrative Management and General Management Consulting Services

NIGP – INDUSTRY CODES
28586 - Transformers, Power Distribution, Including Fluid Filled, Pad and Pole Mount 93639 – Generators, Portable and Stationary, Including Parts and Accessories Maintenance and Repair 28514 - Circuit Breakers, Load Centers, Boxes, and Panel Boards 98888 – Supply Chain Management Services
95877 - Project Management Services

7 CITY COUNCIL STAFF REPORT
MEETING DATE: June 18, 2025
PREPARED BY:

Chris Ghione, Public Services Director
APPROVED BY: City Manager

AUTHORIZE THE CITY MANAGER TO EXECUTE AND ADMINISTER A

CONSULTANT SERVICES AGREEMENT WITH BUREAU VERITAS FOR THE

COMPLETION OF AN ADA TRANSITION PLAN UPDATE

RECOMMENDATION(S)
Authorize the City Manager to execute and administer a consultant services agreement with Bureau Veritas for the completion of an ADA Transition Plan Update in the amount of $96,687.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Maintaining and Enhancing Infrastructure
Supporting our Youth, Seniors, and Entire Community
Enhancing Diversity and Inclusiveness
REPORT NARRATIVE:

The City created its Americans with Disabilities Act (ADA) Transition Plan in November 1993.

City staff are proposing an update to the Plan. The update to the Plan will be used by the City in its continuing effort to comply with accessibility requirements as required by the ADA and State of California Access codes. The project will identify potential non-compliant items and other physical barriers at City buildings, parking lots, and recreational facilities. The update is intended to also add a new section to the Plan relating to sidewalks and curb ramps in the public right of way, based on the soon-to-be-completed sidewalk assessment that is currently underway.

To conduct this work, the City issued a request for proposals from qualified firms to provide professional services for the update of its ADA Transition Plan. The City received six (6) proposals from consulting firms to conduct this work. These firms include:
• Partner Engineering and Science, Inc.
• Altura Solutions Accessibility Consultants
• SZS Engineering Access, Inc.
• Bureau Veritas
• Sally Swanson Architects, Inc.
• Arcor, Inc.

7 A team of raters, including the Building Official, Maintenance Manager, Administrative Analyst, and Public Services Director, evaluated the written proposals. Following evaluation of the written proposals, interviews were scheduled with the top scoring firms to further evaluate proposals from those firms. Scoring was based on the following criteria:
• Demonstrated professional quality with similar projects • Experience of personnel/sub-consultants assigned to the project • Past Experience
• Review of references
• Quality of the proposal
• Ability to meet all aspects of the scope of work
• Fee proposal (not reviewed until after scoring for other areas was complete) Following the evaluation, the following scores were issued for the proposals:

Rater Scoring Arcor Bureau Veritas Sally Swanson SZS Altura Partner Rater 1 59.5 70 65 65 67 67
Rater 2 30.5 67 59.5 68 63 41
Rater 3 43 64 45 59 54 44
Rater 4 44.5 61.5 56 56 58 48.5
Subtotal (Average) 44.4 65.6 56.4 62.0 60.5 50.1
Cost Scoring 12.4 11.1 5.9 6.0 6.7 15.0
Total 56.8 76.7 62.3 68.0 67.2 65.1
The highest scoring firm, Bureau Veritas, possesses extensive qualifications in ADA compliance. During their evaluation, they displayed proficiency in specialized regulations, including the various intricacies of the ADA and relevant building codes. The evaluation committee believes that the firm will be able to leverage expertise in facility design, building construction, and provide technical assistance in outlining projects that are cost-effective and ensure comprehensive accessibility.

COMMUNITY ENGAGEMENT:

Inform/Consult
The City is recommending approval of this item to meet federal and state regulations associated with the ADA. No community engagement was conducted in selecting the firm to conduct this work. Community engagement is required and will be conducted in the update of the Plan. This engagement will include online communications/feedback as well as a community meeting.

ALTERNATIVE ACTIONS:

The City Council could choose not to authorize the agreement as recommended and direct staff to reissue a request for proposals for this work. This is not recommended as a competitive solicitation did occur and City staff believe an experienced consultant to provide the service at a reasonable price has been identified. Alternatively, the City Council could choose not to

7 approve moving forward with the ADA Transition Plan update at all. However, this is not recommended as it will put the City at risk of not complying with ADA requirements.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The City Council approved the current ADA Transition Plan on November 17, 1993.

FISCAL AND RESOURCE IMPACT:

The cost of the Update will be partially funded by grant funds available from our insurance pool ($33,700), SB 1186 License fees ($31,500), and the remainder will be funded by the Infrastructure Planning, Operation Support, and Traffic Congestion program budget ($31,487).

CEQA (California Environmental Quality Act):

Categorical Exemption
The planned maintenance and management of city facilities falls within the CEQA categorical exemption of Class 1, Existing Facilities.

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CONSULTANT AGREEMENT FOR DESIGN PROFESSIONALS
Bureau Veritas Technical Assessments LLC
THIS AGREEMENT is entered into and becomes effective on _______________ (Effective Date), by and between the CITY OF MORGAN HILL, a municipal corporation, ("CITY"), and Bureau Veritas Technical Assessments LLC a Maryland limited liability company ("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 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, 2026 at which time CONSULTANT’S services shall be completed. The City Manager is authorized to extend the term of this Agreement provided the compensation does not exceed the City Manager's authority pursuant to Chapter 3.04 of the Morgan Hill Municipal Code, unless otherwise authorized by City Council. 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 completion of an ADA Transistion Plan for the City of Morgan Hill as further described in Exhibit A.

4. Compensation. CONSULTANT shall be compensated as follows:

4.1. 4.2.

Amount. $96,687.00. Total compensation to CONSULTANT under this Agreement during its initial term set forth in Section 2 above shall not exceed Ninety Six Thousand Six Hundred and Eighty Seven 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 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.

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.

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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 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

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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 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 selfinsured, 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.

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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.

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. “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.

7.2.1.2. “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

7.2.1.3. “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. 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.

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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 noncompliance with any insurance requirements in this section 7. Certificates, including 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

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 any basis prohibited by State or Federal law, including but not limited to, 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

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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.

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 including, without limitation, complying with California Government Code section 1090 et seq., the California Political Reform Act (California Government Code section 87100 et seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations section 18700 et seq.). CONSULTANT will further comply, and will ensure that its agents and its subcontractors comply, with California Government Code section 84308 (“Levine Act”) and the applicable regulations of the Fair Political Practices Commission concerning campaign disclosure (2 California Code of Regulations sections 18438.1 – 18438.8).

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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:

BUREAU VERITAS
Attn: Erik S. Piller, Executive Vice President of Sales 6021 UNIVERSITY BOULEVARD, SUITE 200
ELLICOTT CITY, MD 21043
Address of CITY is as follows:

Public Services Director
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

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.

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.

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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 for Design Professional Services. Consistent with California Civil Code Section 2782.8, for design professional services to be performed under this agreement by a design professional, as that term is defined under said Section 2782.8, 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 negligence, recklessness, or willful misconduct of CONSULTANT, and/or its agents, officers, employees, subcontractors, or independent contractors in performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement (“CLAIM”) to the extent of CONSULTANT’S proportionate percentage of fault.

21.2. Defense and Indemnification for Non-Design Professional Services. For all services performed under this agreement not covered by Section 21.1 above, 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 contained in this Agreement by CONSULTANT, and/or its agents, officers, employees, subcontractors, or independent contractors (“CLAIM”).

21.3. 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, active negligence, or willful misconduct of the CITY.

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21.4. 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.

21.5. 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.

21.6. 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. Notice of Security and/or Privacy Incident. If CONSULTANT, or its subconsultant, suspect, discover or are notified of a data security incident or potential breach of security and/or privacy relating to CITY PII, PHI and/or PCI, CONSULTANT shall immediately, but in no event later than forty-eight (48) hours from suspicion, discovery or notification of the incident or potential breach, notify CITY of such incident or potential breach. CONSULTANT shall, upon CITY’s request, investigate such incident or potential breach, inform the CITY of the results of any such investigation, and assist the CITY in maintaining the confidentiality of such information. In addition to the foregoing, CONSULTANT shall provide CITY with any assistance necessary to comply with any state and/or federal laws requiring the provision of notice of any privacy incident or security breach with respect to any CITY PII, PHI and/or PCI to the affected or impacted individuals and/or organizations, in addition to any notification to applicable state and federal agencies. CONSULTANT agrees that it shall reimburse CITY for all expenses, costs, attorneys’ fees, and resulting fines, penalties, and damages associated with such incident, breach, investigation and/or notification.

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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 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.

28. ☐ 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.

29. Electronic Signatures. Unless otherwise prohibited by law or CITY policy, the Parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the CITY.

30. Counterpart Signatures. This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement. ///
///
[Signatures on Next Page]

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31. 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: Bureau Veritas Technical Assessments LLC Donald A. Larkin
City Attorney By:

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
U:\Legal Forms\Consultant Agreements\City Services Agreement For Design Professionals.Docx Erik Piller, Executive VP
05/27/2025
05/27/2025
Matt Munter, Executive VP

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EXHIBIT A

SCOPE OF SERVICES

GENERAL STATEMENT OF UNDERSTANDING
Bureau Veritas understands that it will provide consulting services to ensure the City of Morgan Hill (“Client”) complies with all aspects of the Americans with Disabilities Act (ADA), the Federal ADA Accessibility Guidelines (ADAAG), American Barriers Act (ABA), the California Building Code, and local accessibility regulations with regards to its programs, and services, public buildings and facilities, exterior amenities, and paths of travel. The work will ultimately culminate in the production of an ADA Transition Plan, which will include a schedule of improvements necessary to meet the ADA, the State of California, and local accessibility requirements, associated order of magnitude cost estimates for barrier removal, a prioritized list of improvements, and a timeline for completion of needed improvements or modifications.

EXPERIENCE WITH STANDARDS AND GUIDELINES
Bureau Veritas has extensive experience and expertise with ADA Accessibility Standards, Public Rights-of-Way Accessibility Guidelines, and the California Building Code, which are relevant to this project. Our assessors and management staff have project experience in multiple states and locales nationwide, and apply the 2010 ADA Standards for Accessible Design, the current ADA accessibility guidelines (ADAAG), and other state and local building codes as required by laws, statutes and ordinances. When prioritizing barrier removal, we will follow the order of preference advised by the Department of Justice in Title II requirements, or as modified through agreement with the CLIENT and by public survey results. Bureau Veritas is experienced with the application of the program access test defined in Title II 35.150(b), and understands that not all individual barriers must be removed, but the overall program must be made accessible.

PROPOSED PROJECT APPROACH
The scope of the work, as defined by the City, includes:
• ADA Self Evaluation
Physical Assessment of Facilities and Sites
Accessibility Transition Plan
• Program Access and Policy Review
• Public Outreach Meetings (2)
• Public Rights-of-Way (PROW) – Aggregation of Existing Reports The City has requested services for:
• Eight (8) public building facilities
• Five (5) parks
• Four (4) parking lots
Bureau Veritas will complete the following:
• Conduct comprehensive accessibility assessment and inventory of facilities identified on the Buildings/Site list.
• Ensure compliance with applicable standards, regulations, and codes for accessibility • Perform site visits to observe, document, and photograph specific conditions and modifications of facilities and components subject to federal, state, and local access requirements.

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• Assessment of the content and location of the Client programs, services, policies, training and communication practices.
• Create public outreach to ensure public input into the transition planning process, including public meetings and public survey.
• Create criteria to prioritize facilities and/or categories of work to support a phased approach to implementation of the ADA Transition Plan.
• Establish order of magnitude (pre-planning level) estimated costs for each barrier removal necessary to make facilities accessible.
• Prepare interim and final presentations of findings and recommendations to the Client. • Deliver draft and final reports per protocol established by the Client. • Maintain the electronic database the Client can use to track barrier removals as each is completed, which serves as a living Transition Plan.

APPROACH
Bureau Veritas (BV) will conduct a kick-off meeting with the Client to define communication channels, define the scope of work, and to review the facility and program lists. Discussions will include recent and proposed capital improvements and available programs at each of the facilities. Bureau Veritas will note public use patterns and prioritization of the facilities and programs.

Prior to the kick-off meeting, Bureau Veritas will provide a pre-assessment questionnaire for each site and other documentation. Documents requested, if readily available, are:
• Prior accessibility transition plans or self-evaluations • Site plans / floor plans
• Identification of any/all historic structures
• Description of each facility’s purpose
• As-built drawings (with dates of construction)
• Current reasonable accommodation policy
• Intersection / street / curb plans / previous side walk survey The initial discussions with the Client staff will include the following elements:
• Roles and lines of communication between and within both the Client and Bureau Veritas.
• Protocols for interaction between all parties throughout the project: Contact information should include the office and cell numbers for a minimum of 2+ contacts with the appropriate Client staff and Bureau Veritas.
• Field assessment logistics: Normally, Bureau Veritas does not require escorts to perform the field assessments, except where escorts may be required within restricted areas. Outline areas of client’s highest priority for any assessment to be completed during any training phases, likely complexity of assessment data processing, efficient workflow each day of the assessment, and Client requests. • Facility mapping.

Field schedules and facility management interviews will be conducted once the schedule is approved by the Client. Once the field schedule is approved, Bureau Veritas will deploy trained accessibility assessors with backgrounds in Landscape Architecture, Architecture, Engineering, and Building Systems for facility assessments. All field resources assigned have been professionally trained in accessibility assessments and have performed numerous assessments.

PROGRAM ACCESS AND POLICY REVIEW

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Bureau Veritas is experienced with the program access test defined in Title II 35.150(b), and realizes that not all amenities are required to be accessible. Bureau Veritas’s goal is to assist the Client in providing the most economically viable improvements for its users. Through consultation with staff, stakeholder surveys and our field observations, Bureau Veritas will provide barrier removal recommendations to improve the amenities necessary to comply with the applicable standards to provide program access.

An assessment of the Client’s programs will be performed. The United States Department of Justice defines “programs” as the “programs, services and facilities” of a Title II entity. The current status of the Client’s programs as defined by the DOJ will be evaluated through discussions with Client staff and a review of documentation. The goal mandated by Title II of the ADA is to ensure that individuals with disabilities are not excluded from services, programs, and activities because buildings are inaccessible or other assistance is not available. Steps needed to make programs accessible to disabled individuals will be detailed, such as, providing sign language interpreters to enable an individual with a disability to obtain the service, or providing benefits at an alternative accessible location in order to ensure that individuals with disabilities receive the benefits or services.

Bureau Veritas will meet with the designated representatives of the Client to gather information from the various departments regarding the access opportunities or problems which have arisen in the past. Bureau Veritas will evaluate the issues and experiences with respect to the provision of services to people with disabilities.

A program survey will address issues with respect to the delivery of accessible programs and services. A policy and program review provides a greater scope of information about structural changes required for barrier removal.

The list of public programs and methods of communication with the public has not been provided to Bureau Veritas as part of the Client’s request for a proposal. As such, Bureau Veritas has limited the review of said programs and communications to eighty (80) man hours.

Bureau Veritas will work with the Client to prioritize the review to those programs with the highest impact to the community.

It is possible that the program assessment will determine that providing full access to a given program, service or activity is simply not possible. In such a case, Bureau Veritas will work with the Client to determine if providing full access to the program would be an “undue financial and administrative burden.” Determinations regarding a finding of an “undue financial and administrative burden” require specific documentation as set forth in the Title II regulations.

PUBLIC OUTREACH
Community engagement is an essential part of creating a successful Transition Plan and Policy Procedure Guideline. BV with work with the city to seek input from Staff, the general public, and the accessible community. This input is critical for understanding how facilities are actually being used and how to increase usability. Early engagement increases community awareness, engagement after the draft Transition Plan increases buy-in from the community, especially those advocating for accessibility.

The community engagement results and the Client’s ADA Compliance Team’s advice will be incorporated into the Transition Plan. The Transition Plan can establish phases of barrier removal, without a calendar timeframe. To the extent that a facility, program, service, or

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activity is not going to be fully accessible to and usable by people with disabilities in the immediate future, we will work with the ADA Compliance Team to determine the best interim procedure or policy in order to enhance accessibility to the maximum extent possible.

Bureau Veritas has experience with public outreach, including public input to the transition plan. Public outreach must be conducted prior to development of the Transition Plan, in order to determine user priorities and program opinion. Bureau Veritas will arrange for and conduct a public outreach meeting for the community at large. Bureau Veritas will reach out to local disability rights and service organizations for their valuable community input.

Bureau Veritas’s goal is to assist the Client in providing the most economically viable improvements for its users. The results of the initial public outreach and the advice of the Client’s ADA Compliance Team will be incorporated into the Transition Plan. Bureau Veritas will provide barrier removal recommendations to improve the amenities necessary to comply with the applicable standards to provide program access.

The ADA requires that a public entity solicit and allow for the participation of interested persons in the development of a Transition Plan. The public outreach effort for the Draft Transition Plan will include advertisements in local newspapers in the weeks leading up to a public meeting for presentation of the draft Transition Plan. It will be the responsibility of the Client to post notice of the public meeting on the Client website.

FACILITY AND PARKS ASSESSMENTS
An experience accessibility field observer will visit each property to observe the general condition of the site and facility interior/exterior improvements, review available documents in order to familiarize themselves with each site’s specific accessibility issues. Bureau Veritas will conduct a walk-through visit of each site in order to observe and identify physical accessibility deficiencies and formulate recommendations to eliminate the physical barriers.

As a part of the assessment process, Bureau Veritas will meet with a client representative in order to gain a clear understanding of the overall features and programs, property condition, and completion dates of additions and/or renovations, either on-site as part of the individual site assessment or at client offices reviewing the entire client inventory. Areas to be observed include all interior and exterior features of the property, including parking lots, sidewalk/pathways, recreational assets, exterior access ramps, all interior areas accessible to the public, and employee areas.

The field observer will develop recommendations based on the walk-through visit and interviews with Client representatives and Bureau Veritas’s vast experience gained on similar properties previously evaluated. The field observer may also question others who are knowledgeable of the property’s physical condition and operation, or of similar systems to gain comparative information to use in evaluation of the property.

The field observer will review documents and information provided by Client that could aid Bureau Veritas’s knowledge of the subject property’s physical improvements, extent and type of use, and/or assist in identifying material discrepancies between reported information and observed conditions.

During the walk-through, the observer will utilize a field checklist based on the 2010 ADA Standards for Accessible Design, which are the current ADA accessibility guidelines (ADAAG), as well as any more stringent accessibility standards defined by the State of California and local accessibility codes.

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The field observer will utilize a digital level, measuring tape, door pressure gauge, light and sound meters, and digital camera or an iPad with equivalent capability to evaluate existing elements to determine if barriers are present. The observer will identify and prioritize any existing improvements not in accordance with ADA, state, and local accessibility requirements, in the order of preference advised by the Department of Justice in Title II requirements, or as modified through agreement with the Client and by public survey results, such as:
• Physical access to the property
• Access to interior public areas
• Access to common areas, including recreation facilities and other observable space • Access to restrooms; and
• Removal of remaining barriers
The field checklists will incorporate the applicable standards. An excerpt of the field checklist for restrooms follows:

WHEELCHAIR STALLS YES NO N/A NOTES Regulatory Section
Is there 48” min. from the door side of CBC Chap
compartment to any wall or obstruction when 11B-604.8.1.2 approach to compartment is parallel approach to
the latch side of the door? Measurement must be
made perpendicular to compartment door when
fully closed from outside of door to obstruction
outside compartment.

Does door have door pulls on both sides of door CBC Chap near the latch? 11B-604.8.2.2
Is centerline of water closet 17" min. to 18" CBC Chap
maximum from side wall? 11B-604.2
The Bureau Veritas team will assess exterior areas and interior common areas that are defined as areas of public accommodation, as well as the employee areas defined by the Client.

Bureau Veritas will identify existing non-compliant conditions, including but not limited to, the elements specified below (if applicable):
• Space allowance/ranges
• Accessible routes, vestibules, corridors
• Protruding object
• Ground/floor surfaces
• Loading zones
• Curb ramps
• Ramps
• Stairs
• Elevators
• Platform lifts
• Windows
• Doors
• Hardware
• Work surfaces
• Entrances and exits

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• Drinking fountains and water coolers
• Water closets
• Toilet stalls
• Urinals
• Lavatories and mirrors
• Bathtubs
• Shower stalls
• Toilet rooms
• Bathrooms
• Dressing/fitting rooms
• Sinks
• Storage
• Handrails, grab bars, and tub/shower seats
• Controls and operating mechanisms
• Alarms (visual, audible)
• Detectable warnings
• Signage (Braille, visual)
• Telephones
• Switches and outlets
• Seating and tables
• Assembly areas
• Parking
• Sidewalks and walkways
• Playgrounds and play areas
• Pools/aquatic facilities
• Recreational assets
If proposed solutions to the identified barriers to accessibility would place an undue administrative or financial burden on the Client, Bureau Veritas will discuss these solutions in advance with Client staff. Bureau Veritas will provide an order of magnitude (pre-planning level) estimate for all items of work necessary to bring each facility into compliance. All estimates will be based upon current year costs without escalation. Escalation factors can be included if preferred by the Client.

PRIORITY RANKING AND CLASSIFICATION
The analysis will include all barriers to be ranked by Priority Classes. The five classes below are DOJ recommended but can be altered to meet your specifications and needs:

Priority 1: Accessible Approach and Entrances – An entity providing accommodation to the public is required to take measures to provide access to a place of public accommodation from public sidewalks, parking, or public transportation. These measures include, for example, installing an entrance ramp, correcting tripping hazards or lessening the slope of a curb ramp. At least one route of travel to each amenity or feature should be safe and accessible for everyone, including people with disabilities.

Priority 2: Elements along the Accessible Route – Barriers which occur along the path of travel shall be removed, where such a barrier is easily accomplishable. Examples include moving items within reach range, widening doors, installing accessible door hardware, and removing high-pile carpeting.

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Priority 3: Restroom Facilities – Barrier removal may include widening of toilet stalls, installation of grab bars. replacement of sinks and drinking fountains.

Priority 4: Access to All Other Features and Amenities – Measures are required to provide access to other areas. This priority is for items not required for basic access in the other three higher priorities.

Priority 5: Employee-Only Areas – Employee-only areas are designated as the lowest priority, as a method of placing public spaces as a higher priority for barrier removals.

Loction of Assessments shall include:
• Civic Center - 17575 Peak Avenue
• Corporation Yard 100 Edes Court
• Police Department - 16200 Vineyard Boulevard
• Centennial Recreation Center - 1 West Edmundson Avenue • Aquatics Center - 16200 Condit Road
• Community & Cultural Center - 17000 Monterey Road
• Dunne Hill Fire Station - 2100 East Dunne Avenue
• El Toro Fire Station - 18300 Monterey Road
• Galvan Park 17666 Crest Avenue in Morgan Hill
• Community Park - 171 West Edmundson Avenue (2 parking lots) • Nordstrom Park - 16990 Murphy Avenue
• Paradise Park - La Crosse Drive & Calle Enrique
• Railroad Park - 17200 Depot Street
• Downtown Parking Lot 1 - 17300 Depot Street
• Downtown Parking Structure - 55 East 4th Street (4 floor parking structure) • Downtown Parking Lot 2 - 35 East 3rd Street
• Downtown Parking Lot 3 - 20 West 1st Street

PUBLIC RIGHTS-OF-WAY EVALUATION
Bureau Veritas will aggregate an existing PROW study (provided by City) into our reporting.

TRANSITION PLAN
The field assessment data and costs, programs assessment, and the public rights-of-way data and costs will be brought together in one document to form the Transition Plan. Once the assessments of the programs, buildings, facilities, and parks are complete, data will be analyzed and prioritized. The Transition Plan document will include all identified barriers to accessibility, associated costs for barrier removal, and tentative solutions.

Solutions will be discussed with Client staff and presented to stakeholders, as needed. Once all facility assessments have been completed, a Draft Transition Plan will be prepared. The Transition Plan will provide a framework for full compliance with the accessibility regulations.

The Transition Plan process comprises the following components:
• Identification of physical and programmatic barriers in facilities under the Client’s jurisdiction.
• Determination of the barrier removal remedy and an order of magnitude estimate of the cost of the barrier removal required to eliminate the physical barrier or discriminatory practice.
• Assignment of priority level to the barrier removal.
• Formulation of the Transition Plan within the parameters of projected fiscal year budget constraints.

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Within the Transition Plan, Bureau Veritas notes work that shall remove physical and programmatic barriers in existing facilities, and communication barriers structural in nature, where such removal is able to be carried out without much difficulty or expense. This document will outline in detail the steps required for the Client to achieve accessibility compliance. Where the Transition Plan identifies work which will take longer than one year to complete, a multi-year schedule with priorities will be provided.

Results of the initial public outreach and the advice of the Client’s ADA Compliance Team will be incorporated into the Transition Plan. The Transition Plan can establish phases of barrier removal, without a calendar timeframe. To the extent that a facility, program, service, or activity is not going to be fully accessible to and usable by people with disabilities in the immediate future, we will work with the ADA Compliance Team to determine the best interim procedure or policy in order to enhance accessibility to the maximum extent possible.

Bureau Veritas will meet with the ADA Compliance Team to present a Draft Transition Plan and gain its input and commentary on the Draft Transition Plan prior to presentation to the community.

The ADA requires that a public entity solicit and allow for the participation of interested persons in the development of a Transition Plan. The public outreach effort for the Draft Transition Plan will include advertisements in local newspapers in the weeks leading up to a public meeting for presentation of the draft Transition Plan. It will be the responsibility of the Client to post notice of the public meeting on the Client website. Following the public meeting, Bureau Veritas will meet with the ADA Compliance Team to review all applicable commentary and to make choices regarding the draft final plan to be presented to the Client. Regular maintenance or rehabilitation projects and that accessibility projects are blended into other scheduled work, when possible.

Following the review and inclusion of public comments in the Transition Plan, Bureau Veritas will submit the Final Transition Plan in printed and electronic copies to the designated parties and stakeholders. The Final Transition Plan will include an executive summary, and a description of how the entire self-evaluation and transition planning process was conducted.

Bureau Veritas will present the Final Transition Plan to the Client at a scheduled meeting.

Along with the Transition Plan and a summary, Bureau Veritas will prepare a PowerPoint presentation that will explain how the Transition Plan was formed, the choices which were made with respect to accessibility solutions, the manner in which budget decisions were made, and the benefits that the implementation of the Transition Plan will bring to the Client.

DELIVERABLES
The deliverables are:
• Facility and Park ADA Assessments- individual facility and park reports • Public Rights-of-way Assessments- aggregate existing reports • Program Access and Policy Review
• Public Outreach Meetings (2) and Public Survey
• Transition Plan
The facility assessment and program assessment reports are provided in electronic format and are typically represented in three formats:

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• Word® document converted to an Adobe PDF, with photographic images of barriers and GPS positioning of exterior barriers.
• Excel® spreadsheet with code references, existing conditions, barrier resolution, and cost data.
• Cloud-based database ADA AssetCALC™.

Bureau Veritas will provide an ADA report for each facility assessment with a description of each barrier observed and recorded, and will define the location, recorded measurements, barrier description, applicable ADAAG/state/local code reference, viable corrective action, priority, and order of magnitude (pre-planning level) cost estimate of repair. Color photographs of each barrier are included with the barrier record. Barriers will be identified and presented by individual facility. Each report will include an executive summary, including a summary cost table identifying the estimated cost to correct each facility.

Bureau Veritas will use our web-based database, ADA AssetCALC™ for the facility assessments, and for components of the Transition Plan. ADA AssetCALC™ will provide the CLIENT with the ability to generate cost tables for all facilities, or for each individual facility.

Similar types of barriers can be queried within the ADA AssetCALC™ database across all facilities, with the resulting ability to improve purchasing and contracting power. Barriers can be ranked by priority for removal. Photos will be uploaded to ADA AssetCALC™ to be viewed as a photo log or individually, when reviewing a specific barrier. Bureau Veritas will provide a Transition Plan, which will include the program access report, presented in a Word document converted to an Adobe PDF, with the data exportable to an Excel format. Bureau Veritas will provide an electronic draft of the reports for review, including text, tables, digital photos, field notes, and supporting documentation. Final reports will be provided after all Client comments have been addressed.

DATA MANAGEMENT SOLUTION - ADA ASSETCALC™ SOFTWARE
Bureau Veritas is providing access, at no additional charge, to ADA AssetCALC™ for a period of three years. This platform streamlines the Capital Planning and ADA Transition Planning process by compiling funding requirements for barriers and creating budget models based on project priority, life cycle maintenance, and repair requirements.

The Client is not required to utilize this software as we will provide hardcopy reports and we can export the data to Excel and Word formats.

ADA AssetCALC™ is a web-based SQL database platform that enables users to query, edit, and analyze their facility accessibility and condition data to plan immediate and short-term barrier repairs, and budget capital expenditures throughout the lifecycle of a single building or an entire portfolio. The system unites Bureau Veritas’s experienced field data collection methods with advanced planning and reporting tools, construction cost library, location mapping features, digital photo management, and document storage.

ADA AssetCALC™ will provide the Client with the ability to list, prioritize, query, and track deficiencies recorded through the Self-Assessment Process. It is easy to use, and populated with accessibility requirements pertinent to the Client. Bureau Veritas recognizes that budgets change and the Transition Plan must be able to account for unplanned occurrences. ADA AssetCALC™ provides a process to complete work on those barriers that have been corrected over time. Reports can be queried instantaneously to reflect the barriers corrected. ADA AssetCALC™ provides the ability to track progress over time.

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Prior to populating the database, Bureau Veritas will work with the Client to establish required attributes and data points associated with each asset. This will include a discussion of the relative priority of the asset requiring barrier removal. This will include all Client physical assets and will be grouped in a hierarchy based on site location, asset group, and function.

Bureau Veritas will utilize ADA AssetCALC™ to track physical accessibility needs associated with the Implementation/Transition Plan. The database contains a capital planning and transition planning module in which accessibility construction projects may be established, including barrier removal priorities. It will provide the Client with a consolidated database of capital projects related to barrier removal. Capabilities of ADA AssetCALC™ include, but are not limited to:
• Microsoft.net web-enabled software
• Customizable fields, groupings, and reporting
• Reports, charts and graphs to forecast capital needs for individual buildings and construction projects
• Progress reports and tracking of the corrective measure progress • Capital budget planning tools to assign and track progress over fiscal years • Corrective action work completed/progress complete
• Access to the observed site conditions of barriers with photographs and GPS positions of exterior barriers
• Updateable cost library makes budgets more accurate over time • Customizable priority framework and search tools to help decision makers • Export tools to take data to other applications, including Microsoft Excel • Repository for storing and searching documents related to buildings and component • ADA compliance library to plan and track accessibility improvements • Administrative tools for managing user access
ADA AssetCALC™‘ reporting will include GPS coordinates for locations of each exterior barrier on a satellite map. Bureau Veritas, in conjunction with Google Earth imaging, provides the most recent satellite mapping. Each exterior barrier is indicated by its own GPS marker.

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EXHIBIT B

SCHEDULE OF COMPENSATION RATES
BVTA will submit a monthly consolidated invoice inclusive of all services performed to date.

The per site fee will be established per the schedule of values provided at the program kick-off and invoiced at the billing milestones stated below. Invoices will be payable within 30 days of receipt:

Total Base Fee: $91,687
Billing Milestone Percentage Invoiced
Completion of onsite assessments 50% of total base fee
Delivery of Draft Reports & Draft ADA Transition Plan 45% of total base fee Delivery of Final* Reports & Draft ADA Transition Plan 5% of total base fee *If comments on the Draft report and ADA Transition Plan are not received within 60 calendar days, BVTA will invoice for Final Reports.

Contingency:

The contract includes $5,000 in contingency funds. Funds are available based on the addition of elements outside the scope. Use of contingency funds must be approved by City staff in writing.

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EXHIBIT C

SCHEDULE OF PERFORMANCE
BVTA’s report(s) will be delivered within 120 full business/working days after receipt and approval of the signed proposal document.

After engagement, a call will be placed to the designated onsite Point of Contact (POC) provided by the Client in order to schedule the site visit(s), where applicable. The Client acknowledges that the Point of Contact provided shall be deemed an agent of the Client for the purposes of providing access and conveying information pertaining to the Site.

8 CITY COUNCIL STAFF REPORT
MEETING DATE: June 18, 2025
PREPARED BY:

Chris Ghione, Public Services Director
APPROVED BY: City Manager

AUTHORIZE THE CITY MANAGER TO ENTER INTO A SERVICE

AGREEMENT WITH THE COUNTY OF SANTA CLARA FOR SOUTH

COUNTY YOUTH TASK FORCE FUNDING

RECOMMENDATION(S)
Authorize the City Manager to further negotiate, execute, and administer a service agreement with the Santa Clara County District Attorney's Office to receive and administer grant funding in support of the South County Youth Task Force.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Supporting our Youth, Seniors, and Entire Community
Advocating for Local, Regional, and State Legislative Initiatives 2024-2025 Strategic Priorities
Healthy Community
REPORT NARRATIVE:

The South County Youth Task Force (SCYTF) was formally established in January 2012 through a collaborative effort by the City of Gilroy, the City of Morgan Hill, Gilroy and Morgan Hill Unified School Districts, and Santa Clara County. This multi-agency partnership was created to address the challenges of youth violence and gang activity in the South Santa Clara County region. The SCYTF aims to implement a comprehensive, community-oriented approach focused on prevention, intervention, and restorative justice practices to empower disconnected youth and foster safer, healthier communities.

One of the major funding entities of the SCYTF is the Santa Clara County District Attorney's Office (DAO). In past years, the DAO has provided the City of Gilroy with funding to contract with community organizations to provide support services in the South County to support the SCYTF. City of Morgan Hill Staff are highly appreciative of the City of Gilroy for taking this task on, but are now recommending that Morgan Hill directly administer grant funding provided through the DAO. Staff believe this will allow programming from the community organizations to better meet the different and unique needs of Morgan Hill, while still meeting the goals for the funding.

8 The attached agreement will provide $100,000 in funding to the City of Morgan Hill, which will be used to grant funding to community organizations to support the work of the South County Youth Task Force aimed at preventing youth violence, addressing health equity and neighborhood disparity issues, reducing juvenile delinquent behaviors and the recruitment of youth into gangs, and supporting parent's leadership and capacity-building within South Santa Clara County.

COMMUNITY ENGAGEMENT:

Inform/Collaborate
The City Council accepted the DAO grant at the Mid-Cycle Budget Review on June 4, 2025.

While the City has not conducted any community outreach regarding this change in the funding model, the SCYTF regularly engages with community members in Morgan Hill.

This includes youth who are directly involved in the programs and provide direct feedback to the SCYTF.

ALTERNATIVE ACTIONS:

The City Council can elect not to move forward with this funding and the City can request the DAO continue to work with Gilroy on this effort. This will likely delay grant funding to community organizations for several months, which will result in services not being provided to youth until later in the Fiscal Year.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The City Council approved Morgan Hill's participation in the South County Youth Task Force on June 20, 2012. The Council subsequently approved multiple memorandums of understanding in the ongoing support of the South County Youth Task Force.

FISCAL AND RESOURCE IMPACT:

The agreement will provide the City with $100,000 in revenue, which will be offset by $100,000 in expenses to provide grant funds to the community organizations providing the programming. Administration of the program will be conducted by the Public Services Department.

CEQA (California Environmental Quality Act):

Not a Project
Since the resulting activity is an administrative program that will not result in a change to the physical environment, this action is not a project under the California Environmental Quality Act.

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SECTION I: GENERAL INFORMATION
Contractor Name:
(AsDisplayed in SAP)
Purchase Order Number:

Agency/Department Name: Department
Number:

Brief Description of Services
Maximum FinancialObligation
The maximum amount payable to this Contractor
under this agreement shall not exceed:

Term of Agreement
Start Date: End Date:

Note: When left blank, start date will be the date executed by Authorized County Representative.

For County Use Only
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Assignment
Plant
Number
General
Ledger
(Expense
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Cost
Center
(Dept.

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Amount WBS
(Capital Project Code)
Internal
Order
(“PCA” code
– optional)
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SECTION II: PARTIES TO AGREEMENT
Legal notices and invoices pertaining to this Agreement shall be sent to the appropriate contact person listed below, except as otherwise specifically provided for herein. Notices shall be in writing and served either by personal delivery or sent by certified or registered mail, postage prepaid, addressed as follows.

Notice shall be deemed effective on the date that the notice is personally delivered or, if mailed, three (3) days after deposit in the mail. Either party may designate a different person and/or address for the receipt of notices by sending written notice to the other party, which shall not require an amendment to this Agreement.

CONTRACTOR
Contractor Name:
(AsDisplayed in SAP)
Contact Person:

Street Address*:

City*: State: Zip:

Telephone Number*:

Email Address*:

SCCVendorNumber:
(As Assigned in SAP)
*To be completed for Independent Contractors Only – DO NOT COMPLETE FOR DEPENDENT CONTRACTORS

COUNTYOF SANTA CLARA
Agency/Department:

Program Manager/Contract
Monitor Name:

Street Address:

City: State: Zip:

Telephone Number:

Fiscal Contact:
(Accounts Payable Contact)
Contract Preparer:

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SECTION III: CONTRACT AUTHORIZATION
It is agreed between County and Contractor that Contractor will, for the compensation described in this Agreement, perform the work described in Section V in accordance with all terms and conditions of this Agreement including all exhibits and attachments. In addition, County and Contractor assert that the tax withholding status and benefit documentation (Section IV) accurately reflect the anticipated working relationship between County and Contractor. Further, Independent Contractors shall comply with the County’s insurance and indemnification requirements. Contractor certifies that any applicable insurance waiver information (Section VII, B) is true and correct. This Agreement may be executed in one or more counterparts, each of which will be considered an original, but all of which together will constitute one and the same instrument.

SIGNATURES
Contract is not valid until signed by Contractor, County Counsel and County’s Authorized Representative.

CountyAgency/Department
Manager: Date:

CountyAgency/Department
Fiscal Officer: Date:

County Counsel Approval as to
Form and Legality
Date:
(Signature required on all contracts before execution by Contractor and County Authorized Representative)
Contractor: Date:

CountyAuthorized
Representative: Date:
(Procurement Department; President, Board of Supervisors; or Delegated Authority) Office of the County Executive:

Date:
(Signature required when Board approved contract by a delegation of authority) Signed and certified that a copy ofthis
document has been delivered by
electronic or other means to the
President, Board of Supervisors.

Attest:

Curtis Boone
Clerk ofthe Board of Supervisors
(Signature required when Board approved contract)
Date:

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SECTIONIV: DETERMINATIONOF RELATIONSHIP STATUS
Dependent/Independent status is an important relationship distinction. It determines the contractor’s eligibility for Medicare and Social Security, Public Employees’ Retirement System benefits, and other benefits and affects how the contractor files tax returns and the contractor’s responsibility for various federal and state taxes.

Questionnaire to be Completed by Contracting Department to Determine Relationship Status of Contractor Supervision: Will the County have the right to tell the contractor how to do the work, when to arrive or leave work, or when to take breaks? Do you have other employees performing similar work with a similar degree of supervision? If the answer to any of these questions is YES, select YES from the dropdown.

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Training: Will the County instructthe contractor on how to do the job or pay for external training? Select Incomplete Work: Will the Contractor be able to resign or terminate the contract without being held either financially or legally liable for unfinished work? Select Place of Work/Tools: Will the County provide the Contactor with a place to work at a County location and tools to do the job, i.e. computers, telephones, etc.? Select Length of Relationship: When the Contractor is hired to complete ongoing departmental duties or functions— answer YES. When the contractor is hired to complete a specific project that was not the regular tasks performed by County employees before— answer NO.

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Other Customers: Does the County prevent the Contractor from performing similar services for other customers, either due to the amount of work (full‐time), or by contractual provision? Select Designation as Business Entity: If the Contractor has a business license or business certificate, or is a corporation, nonprofit organization, or school district, select“No” from the dropdown. (This does not pertain to professional licenses or certificates such as a license for a physician or architect.) Enter below the business license number and the city/entity where issued.

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Bus. License #: Issued by:

Payment Schedule: Will payments be made either as an hourly wage or as weekly/monthly salary? If payment is by commission or based on project milestones or deliverables, answer “NO” to this question. Be sure this answer matches the contract payment schedule in Section V.

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Support Services: Will County employees or other independent contractors provide assistance to this Contractor? Assistance is defined as clerical, technical or professional support. Select If atleast 5 ofthe above questions were answered “NO”, Contractor is an Independent Contractor.

If 5 or more of the above questions were answered “YES”, Contractor would be a Dependent Contractor, where the relationship resembles that of employer/employee. Effective July 1, 2015, Departments and Agencies are prohibited from entering into agreements with dependent contractors. You must contact your ESA representative and County Counsel for further instruction Contractor understands and agrees that the tax withholding and benefit status checked above is correct. Any changes to the contractor’s tax withholding and benefit status require a new contract. Contractor is responsible for any penalties and liabilities assessed by any taxing authority, based on a change of tax withholding and benefit status.

Contractor’s Initials: Dept. Fiscal Officer’s
Signature:

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SECTION V: CONTRACT SPECIFICS
A. SERVICE DESCRIPTION AND EXPECTED OUTCOME (SCOPEOF SERVICE) Or See Attachment: incorporated by this reference.

B. DELIVERABLES, MILESTONES & TIMELINE FOR PERFORMANCE
Or See Attachment: Incorporated by this reference.

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C. PERFORMANCE STANDARDS
Or See Attachment: Incorporated by this reference.

D. PAYMENT SCHEDULE
Note:Dependent contractors are not permitted to work in excess of 40 hours per week
Is contractor a Community Based Organization (CBO)?
Yes
No
Or See Attachment: Incorporated by this reference.

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STANDARD PROVISIONS
Changes to the terms and conditions in this section require approval of County Counsel A. ENTIRE AGREEMENT
This Agreement and its Appendices (if any) constitutes the final, complete and exclusive statement of the terms of the agreement between the parties. It incorporates and supersedes all the agreements, covenants and understandings between the parties concerning the subject matter hereof, and all such agreements, covenants and understandings have been merged into this Agreement. No prior or contemporaneous agreement or understanding, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this Agreement.

B. AMENDMENTS
This agreement may only be amended by a written instrument signed by the Parties.

C. CONFLICTS OF INTEREST; POLITICAL REFORM ACT
Contractor shall comply, and require its employees, agents, and subcontractors to comply, with all (1) applicable requirements governing avoidance of impermissible client conflicts; and (2) federal, state and local conflict of interest and disclosure laws and regulations including, without limitation, California Government Code section 1090 et seq., the California Political Reform Act (California Government Code section 87100 et seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations section 18700 et seq.). Failure to do so constitutes a material breach of this Agreement and is grounds for immediate termination of this Agreement by County.

In accepting this Agreement, Contractor covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of this Agreement. Contractor further covenants that, in the performance of this Agreement, it will not use any contractor or employ any person having such an interest. Contractor, including but notlimited to Contractor’s employees, agents, and subcontractors, may be subject to the disclosure and disqualification provisions of the California Political Reform Act of 1974 (the “Act”), that (1) requires such persons to disclose economic interests that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making or participating in making decisions that will foreseeably financially affect such interests.

If the disclosure provisions of the Act are applicable to any individual providing service under the Agreement, Contractor shall, upon execution of this Agreement, provide County with the names, description of individual duties to be performed, and email addresses of all individuals, including but not limited to Contractor’s employees, agents and subcontractors, that could be substantively involved in “mak[ing] a governmental decision” or “serv[ing] in a staff capacity” and in that capacity participating in making governmental decisions or performing duties that would be performed by an individual in a designated position, (2 CCR 18700.3), as part of Contractor’s service to County under this Agreement. Contractor shall immediately notify County of the names and email addresses of any additional individuals later assigned to provide such service to County under this Agreement in such a capacity. Contractor shall immediately notify County of the names of individuals working in such a capacity who, during the course of the Agreement, end their service to County. Contractor shall ensure that all such individuals identified pursuant to this paragraph understand that they are subject to the Act and shall conform to all requirements of the Act and other applicable conflict of interest and disclosure laws and regulations, and shall file Statements of Economic Interests within 30 days of commencing service pursuant to this Agreement, annually by April 1, and within 30 days of their termination of service pursuant to this Agreement.

D. LEVINE ACT COMPLIANCE
Contractor will comply, and will ensure that its agents (as that term is defined under California Government Code section 84308(h)) and its subcontractors identified in Contractor’s proposal responding to a County solicitation and/or identified in this Agreement (“Subcontractors”) comply, with Government Code section 84308 (“Levine Act”) and the applicable regulations of the Fair Political Practices Commission concerning campaign disclosure (2 California Code of Regulations sections 18438.1 – 18438.8), which (1) require a party to a proceeding involving certain contracts to disclose on the record of the proceeding any contribution, as defined by Government Code section 84308(a)(6), of more than $500 that the party or their agent has made within the prior 12 months to a member of the County’s Board

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of Supervisors or any Other Elected County Officer (“Elected County Officer”), and (2) prohibit a party to a proceeding involving a covered contract from making a contribution, as defined by Government Code section 84308(a)(6), of more than $500 to any Elected County Officer during the proceeding and for 12 months following the final decision in the proceeding, as well as prohibit an agent of the party from making a contribution in any amount to any Elected County Officer during the same time periods. Contractor agrees to submit any disclosures required to be made under the Levine Act at the Office of the Clerk of the Board of Supervisors website at https://www.sccgov.org/levineact, and Contractor shall require Subcontractors to do the same. If this Agreement is of the type subject to the Levine Act and is to be considered or voted upon by the County’s Board of Supervisors, Contractor shall complete the Levine Act Contractor Form: Identification of Subcontractors and Agents, and if applicable, shall ensure that any Subcontractor completes the Levine Act Subcontractor Form: Identification of Agents, and Contractor must submit all such forms to the County as a prerequisite to execution of the Agreement.

E. GOVERNING LAW, JURISDICTION 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 shall be exclusively vested in state court in Santa Clara County. The parties agree that subject matter and personal jurisdiction are proper in state court in Santa Clara County and waive all venue objections.

F. ASSIGNMENT
No assignment of this Agreement or of the rights and obligations hereunder shall be valid without the prior written consent of the other party.

G. ASSIGNMENTOF CLAYTON ACT, CARTWRIGHT ACT CLAIMS
Contractor assigns to the County all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the Contractor for sale to the County pursuant to this Agreement.

H. WAIVER
Nodelay or failure to require performance of any provision ofthis Agreement shall constitute a waiver ofthat provision as to that or any other instance. Any waiver granted by a party shall be inwriting and shall apply to the specific instance expressly stated.

I. TERMINATION
Standard Termination Language
The County may, by written notice to Contractor, terminate all or part of this Agreement at any time for the convenience of the County. The notice shall specify the effective date and the scope of the termination. In the event of termination, Contractor shall deliver to County all documents prepared pursuant to the Agreement, whether complete or incomplete. Contractor may retain a copy for its records. Upon receipt of the documents, Contractor shall be compensated based on the completion of services provided, as solely and reasonably determined by County. ‐OR‐
Alternate Termination Language Attached as Exhibit , incorporated by this reference.(Requires County Counsel Approval)
J. COMPLIANCE WITH ALL LAWS,INCLUDING NONDISCRIMINATION, EQUAL OPPORTUNITY, AND WAGE THEFT

PREVENTION
(1) Compliance with All Laws. Contractor shall comply with all applicable Federal, State, and local laws, regulations, rules, and policies (collectively, “Laws”), including but not limited to the non‐discrimination, equal opportunity, and wage and hour Laws referenced in the paragraphs below. (2) Compliance with Non‐Discrimination and Equal Opportunity Laws: Contractor shall comply with all applicable Laws concerning nondiscrimination and equal opportunity in employment and contracting, including but not

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limited to the following: Santa Clara County’s policies for contractors on nondiscrimination and equal opportunity; Title VII ofthe CivilRights Act of 1964 as amended; Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act of 1967; the Rehabilitation Act of 1973 (Sections 503 and 504); the Equal Pay Act of 1963; California Fair Employment and Housing Act (Gov. Code § 12900 et seq.); California Labor Code sections 1101, 1102, and 1197.5; and the Genetic Information Nondiscrimination Act of 2008. In addition to the foregoing, Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of age, race, color, national origin, ancestry, religion, sex, gender identity, gender expression, sexual orientation, mental disability, physical disability, medical condition, political belief, organizational affiliation, or marital status in the recruitment, selection for training (including but not limited to apprenticeship), hiring, employment, assignment, promotion, layoff, rates of pay or other forms of compensation. Nor shall Contractor discriminate in the provision of services provided under this contract because of age, race, color, national origin, ancestry, religion, sex, gender identity, gender expression, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status. (3) Compliance with Wage and Hour Laws: Contractor shall comply with all applicable wage and hour Laws, which may include but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and, if applicable, any local minimum wage, prevailing wage, or living wage Laws. (4) Definitions: For purposes of this Subsection J, the following definitions shall apply. A “Final Judgment” shall mean a judgment, decision, determination, or order (a) which is issued by a court of law, an investigatory government agency authorized by law to enforce an applicable Law, an arbiter, or arbitration panel and (b) for which all appeals have been exhausted or the time period to appeal has expired. For pay equity Laws, relevant investigatory government agencies include the federal Equal Employment Opportunity Commission, the California Division of Labor Standards Enforcement, and the California Department of Fair Employment and Housing. Violation of a pay equity Law shall mean unlawful discrimination in compensation on the basis of an individual’s sex, gender, gender identity, gender expression, sexual orientation, race, color, ethnicity, or national origin under Title VII of the Civil Rights Act of 1964 as amended, the Equal Pay Act of 1963, California Fair Employment and Housing Act, or California Labor Code section 1197.5, as applicable. For wage and hour Laws, relevant investigatory government agencies include the federal Department of Labor, the California Division of Labor Standards Enforcement, and the City of San Jose’s Office of Equality Assurance.
(5) Prior Judgments, Decisions orOrders against Contractor: By signing this Agreement, Contractor affirms that it has disclosed any final judgments that (A) were issued in the five years prior to executing this Agreement by a court, an investigatory government agency, arbiter, or arbitration panel and (B) found that Contractor violated an applicable wage and hour law or pay equity law. Contractor further affirms that it has satisfied and complied with – or has reached Agreement with the County regarding the manner in which it will satisfy – any such final judgments.
(6) Violations of Wage and Hour Laws or Pay Equity Laws During Term of Contract: If at any time during the term of this Agreement, Contractor receives a Final Judgment rendered against it for violation of an applicable wage and hour Law or pay equity Law, then Contractor shall promptly satisfy and comply with any such Final Judgment.

Contractor shall inform the Office of the County Executive‐Office of Countywide Contracting Management(OCCM) of any relevant Final Judgment against it within 30 days of the Final Judgment becoming final or of learning of the Final Judgment, whichever is later. Contractor shall also provide any documentary evidence of compliance with the Final Judgment within 5 days of satisfying the Final Judgment. Any notice required by this paragraph shall be addressed to the Office of the County Executive‐OCCM at 70 W. Hedding Street, East Wing, 11th Floor, San José, CA 95110. Notice provisions in this paragraph are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the Office of the County Executive‐OCCM satisfies the notice requirements in this paragraph.
(7) Access to Records Concerning Compliance with Pay Equity Laws: In addition to and notwithstanding any other provision of this Agreement concerning access to Contractor’s records, Contractor shall permit the County and/or its authorized representatives to audit and review records related to compliance with applicable pay equity Laws.

Upon the County’s request, Contractor shall provide the County with access to any and all facilities and records, including but not limited to financial and employee records, that are related to the purpose of this Subsection J, except where prohibited by federal or state laws, regulations or rules. County’s access to such records and facilities shall be permitted at any time during Contractor’s normal business hours upon no less than 10 business days’ advance notice.

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(8) Pay Equity Notification: Contractor shall (1) at least once in the first year of this Agreement and annually thereafter, provide each of its employees working in California and each person applying to Contractor for a job in California (collectively, “Employees and Job Applicants”) with an electronic or paper copy of all applicable pay equity Laws or (2) throughout the term of this Agreement, continuously post an electronic copy of all applicable pay equity Laws in conspicuous places accessible to all of Contractor’s Employees and Job Applicants. (9) Material Breach: Failure to comply with any part of this Subsection J shall constitute a material breach of this Agreement. In the event of such a breach, the County may, in its discretion, exercise any or all remedies available under this Agreement and at law. County may, among other things, take any or all of the following actions:
(i) Suspend or terminate any or all parts of this Agreement. (ii) Withhold payment to Contractor until full satisfaction of a Final Judgment concerning violation of an applicable wage and hour Law or pay equity Law.
(iii) Offer Contractor an opportunity to cure the breach. (10) Subcontractors: Contractor shall impose all of the requirements set forth in this Subsection J on any subcontractors permitted to perform work under this Agreement. This includes ensuring that any subcontractor receiving a Final Judgment for violation of an applicable Law promptly satisfies and complies with such Final Judgment.

K. BUDGET CONTINGENCY
This Agreement is contingent upon the appropriation of sufficient funding by the County for the services covered by this Agreement. If funding is reduced or deleted by the County for the services covered by this Agreement, the County has the option to either terminate this Agreement with no liability occurring to the County or to offer an amendment to this Agreement indicating the reduced amount.

L. COUNTY NO-SMOKING POLICY
Contractor and its employees, agents and subcontractors, shall comply with the County’s No‐Smoking Policy, as set forth in the Board of Supervisors Policy Manual section 3.47 (as amended from time to time), which prohibits smoking:
(1) at the Santa Clara Valley Medical Center Campus and all County‐owned and operated health facilities,(2) within 30 feet surrounding County‐owned buildings and leased buildings where the County is the sole occupant, and (3) in all County vehicles.

M. FOOD AND BEVERAGES STANDARDS
Except in the event of an emergency or medical necessity, the following nutritional standards shall apply to any foods and/or beverages purchased by Contractor with County funds for County‐sponsored meetings or events.

If food is to be provided, healthier food options shall be offered. “Healthier food options” include (1) fruits, vegetables, whole grains, and low fat and low calorie foods; (2) minimally processed foods without added sugar and with low sodium; (3) foods prepared using healthy cooking techniques; and (4) foods with less than 0.5 grams of trans fat per serving. Whenever possible, Contractor shall (1) offer seasonal and local produce; (2) serve fruit instead of sugary, high calorie desserts; (3) attempt to accommodate special, dietary and cultural needs; and (4) post nutritional information and/or a list of ingredients for items served. If meals are to be provided, a vegetarian option shall be provided, and the Contractor should consider providing a vegan option.

If pre‐packaged snack foods are provided, the items shall contain: (1) no more than 35% of calories from fat, unless the snack food items consist solely of nuts or seeds; (2) no more than 10% of calories from saturated fat; (3) zero trans‐fat; (4) no more than 35% of total weight from sugar and caloric sweeteners, except for fruits and vegetables with no added sweeteners or fats; and (5) no more than 360 mg of sodium per serving.

If beverages are to be provided, beverages that meet the County’s nutritional criteria are (1) water with no caloric sweeteners; (2) unsweetened coffee or tea, provided that sugar and sugar substitutes may be provided as condiments; (3) unsweetened, unflavored, reduced fat (either nonfat or 1% low fat) dairy milk; (4) plant‐derived milk (e.g., soy milk, rice milk, and almond milk) with no more than 130 calories per 8 ounce serving; (5) 100% fruit or vegetable juice (limited to a maximum of 8 ounces per container); and (6) other low‐calorie beverages (including tea and/or diet soda) that do not exceed 40 calories per 8 ounce serving. Sugar‐sweetened beverages shall not be provided.

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N. CONTRACTING PRINCIPLES
All entities that contract with the County to provide services where the contract value is $100,000 or more per budget unit per fiscal year and/or as otherwise directed by the Board, shall be fiscally responsible entities and shall treat their employees fairly. To ensure compliance with these contracting principles, all contractors shall: (1) comply with all applicable federal, state and local rules, regulations and laws; (2) maintain financial records, and make those records available upon request; (3) provide to the County copies of any financial audits that have been completed during the term of the contract; (4) upon the County’s request, provide the County reasonable access, through representatives of the Contractor, to facilities, financial and employee records that are related to the purpose of the contract, except where prohibited by federal or state laws, regulations or rules.

O. CALIFORNIA PUBLIC RECORDS ACT
The County is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If Contractor’s proprietary information is contained in documents or information submitted to County, and Contractor claims that such information falls within one or more CPRA exemptions, Contractor must clearly mark such information “CONFIDENTIAL AND PROPRIETARY,” and identify the specific lines containing the information. In the event of a request for such information, the County will make reasonable efforts to provide notice to Contractor prior to such disclosure. If Contractor contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief or other appropriate remedy from a court of law in Santa Clara County before the County is required to respond to the CPRA request. If Contractor fails to obtain such remedy within the time the County is required to respond to the CPRA request, County may disclose the requested information.

Contractor further agrees that it shall defend, indemnify and hold County harmless against any claim, action or litigation (including but not limited to all judgments, costs, fees, and attorneys’ fees) that may result from denial by County of a CPRA request for information arising from any representation, or any action (or inaction), by the Contractor.

P. THIRD PARTY BENEFICIARIES
This agreement does not, and is not intended to, confer any rights or remedies upon any person or entity other than the parties.

Q. INTELLECTUAL PROPERTY RIGHTS
Ownership: County shall own all right, title and interest in and to the Deliverables. For purposes of this Agreement, the term “Deliverables” shall mean any documentation and deliverables created by Contractor during the performance of services that are identified in this Agreement. Contractor hereby assigns to the County all rights, title and interest in and to any and all intellectual property whether or not patentable or registrable under patent, copyright, trademark or similar statutes, made or conceived or reduced to practice or learned by Contractor, either alone or jointly with others, during the period of Contractor’s agreement with the County or result from the use of premises leased, owned or contracted for by the County.

Contractor acknowledges that all original works of authorship which are made by Contractor (either solely or jointly with others) within the scope of this Agreement and which are protectable by copyright are “works made for hire,” as that term is defined in the United States Copyright Act (17 U.S.C. Section 101), and shall belong solely to County.

Contractor agrees that the County will be the copyright owner in all copyrightable works of every kind and description created or delivered by Contractor, either solely or jointly with others, in connection with any agreement with the County.

R. INTELLECTUAL PROPERTY INDEMNITY
Contractor represents and warrants for the benefit of the County and its users that, to its knowledge, as of the effective date of this Agreement, Contractor is the exclusive owner of all rights, title and interest in the Deliverables and/or services provided pursuant to this Agreement. Contractor shall defend, indemnify and hold the County harmless against any claim, action or litigation (including but not limited to all judgments, costs, fees, and reasonable attorney’s fees) by a third party alleging the Deliverables and/or services provided pursuant to this Agreement infringe upon any intellectual property rights of third parties. This indemnity and duty to defend is in addition to and does not supersede the requirements stated in VII of this agreement.

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S. OWNERSHIP RIGHTS TO MATERIALS/RESTRICTIONS ON USE
All materials obtained, developed or prepared by Contractor in the course of performing services hereunder, including but not limited to videotapes, audio recordings, still photographs, ads or brochures, and the derivative works, patent, copyright, trademark, trade secret or other proprietary rights associated therewith (collectively “Deliverables”), shall be the sole and exclusive property of the County. To the extent Contractor owns or claims ownership rights to said Deliverables, Contractor hereby expressly assigns all said rights, title, and interest in and to the Deliverables to the County pursuant to the terms and conditions of this Agreement and at no additional cost. The County has the exclusive royalty‐free irrevocable right to duplicate, publish or otherwise use for any purpose, all materials prepared under this Agreement. If Contractor wishes to use the materials prepared hereunder for any purpose including but not limited to promotional, educational or commercial purposes, the Contractor shall obtain prior written authorization from the County, which consent may be withheld by the County in its sole discretion.

Contractor acknowledges that all original works of authorship which are made by Contractor (solely or jointly with others) within the scope of this Agreement and which are protectable by copyright are “works made for hire,” as that term is defined in the United States Copyright Act (17 U.S.C., Section 101), and shall belong solely to County.

Contractor agrees that the County will be the copyright owner in all copyrightable works of every kind and description created or developed by Contractor, solely or jointly with others, in connection with any agreement with the County.

If requested to, and at no further expense to the County, Contractor will execute in writing any acknowledgments or assignments of copyright ownership of such copyrightable works as may be appropriate for preservation of the worldwide ownership in the County and its nominees of such copyrights. This section shall apply to the extent not otherwise provided under this agreement.

T. COUNTY DATA
(1) Definitions: “County Data” shall mean data and information received by Contractor from County. County Data includes any information or data that is transported across a County network, or that resides in a County‐owned information system, or on a network or system under the control and management of a contractor for use by County. “County Confidential Information” shall include all material, non‐public information (including material, non‐public County Data) appearing in any form (including, without limitation, written, oral or displayed), that is disclosed, directly or indirectly, through any means of communication by County, its agents or employees, to Contractor, its agents or employees, or any of its affiliates or representatives. (2) Contractor shall not acquire any ownership interest in County Data (including County Confidential Information).

As between Contractor and County, all County Confidential Information and/or County Data shall remain the property of the County. Contractor shall not, without County’s written permission, use or disclose County Data (including County Confidential Information) other than in the performance of its obligations under this Agreement. (3) Contractor shall be responsible for establishing and maintaining an information security program that is designed to ensure the security and confidentiality of County Data, protect against any anticipated threats or hazards to the security or integrity of County Data, and protect against unauthorized access to or use of County Data that could result in substantial harm or inconvenience to County or any end users. Upon termination or expiration of this Agreement, Contractor shall seek and follow County’s direction regarding the proper disposition of County Data. (4) Contractor shall take appropriate action to address any incident of unauthorized access to County Data, including addressing and/or remedying the issue that resulted in such unauthorized access, and notifying County by phone or in writing within 24 hours of any incident of unauthorized access to County Data, or any other breach in Contractor’s security that materially affects County or end users. If the initial notification is by phone, Contractor shall provide a written notice within 5 days of the incident. Contractor shall be responsible for ensuring compliance by its officers, employees, agents, and subcontractors with the confidentiality, privacy, and information security requirements of this Agreement. Should County Confidential Information and/or legally protected County Data be divulged to unauthorized third parties, Contractor shall comply with all applicable federal and state laws and regulations, including but not limited to California Civil Code sections 1798.29 and 1798.82 at Contractor’s sole expense. Contractor shall not charge County for any expenses associated with Contractor’s compliance with these obligations. (5) Contractor shall defend, indemnify and hold County harmless against any claim, liability, loss, injury or damage arising out of, or in connection with, the unauthorized use, access, and/or disclosure of information by Contractor and/or its agents, employees or sub‐contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of personnel employed by the County.

COUNTYOF SANTACLARA

SERVICE AGREEMENT
Version 4.24.2025

RevisionDate – April 24, 2025
U. PAYMENT TERM
[NOT APPLICABLE TO COMMUNITY BASED ORGANIZATIONS – Describe payment terms for CBO’s in Section V. (D) PAYMENT SCHEDULE] The County’s standard payment term shall be Net Thirty (30), unless otherwise agreed to by the parties. Payment shall be due Net Thirty (30) days from the date of receipt and approval of correct and proper invoices. Payment is deemed to have been made on the date the County mails the warrant or initiates the electronic funds transfer.

V. CONTRACT EXECUTION
Unless otherwise prohibited by law or County policy, the parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the County.

W. LIVING WAGE (IF APPLICABLE)
Unless otherwise exempted or prohibited by law or County policy, where applicable, Contractors that contract with the County to provide Direct Services developed pursuant to a formal Request for Proposals process, as defined in County of Santa Clara Ordinance Code Division B36 (“Division B36”) and Board Policy section 5.5.5.5 (“Living Wage Policy”), and their subcontractors, where the contract value is $100,000 or more (“Direct Services Contract”), must comply with Division B36 and the Living Wage Policy and compensate their employees in accordance with Division B36 and the Living Wage Policy. Compliance and compensation for purposes of this provision includes, but is not limited to, components relating to fair compensation, earned sick leave, paid jury duty, fair workweek, worker retention, fair chance hiring, targeted hiring, local hiring, protection from retaliation, and labor peace. If Contractor and/or a subcontractor violates this provision, the Board of Supervisors or its designee may, at its sole discretion, take responsive actions including, but not limited to, the following:
(a) Suspend, modify, or terminate the Direct Services Contract. (b) Require the Contractor and/or Subcontractor to comply with an appropriate remediation plan developed by the County.
(c) Waive all or part of Division B36 or the Living Wage Policy.

This provision shall not be construed to limit an employee's rights to bring any legal action for violation of the employee's rights under Division B36 or any other applicable law. Further, this provision does not confer any rights upon any person or entity other than the Board of Supervisors or its designee to bring any action seeking the cancellation or suspension of a County contract. By entering into this contract, Contractor certifies that it is currently complying with Division B36 and the Living Wage Policy with respect to applicable contracts and warrants that it will continue to comply with Division B36 and the Living Wage Policy with respectto applicable contracts.

X. COVID-19 REQUIREMENTS (IF APPLICABLE)
Contractor shall comply with all County requirements in effect relating to COVID-19 for persons who routinely perform services for County onsite and share airspace with or proximity to other people at a County facility as part of their services for County as set forth in a County Health Order (or similar directives) available at https://covid19.sccgov.org/home, and incorporated herein by this reference. Contractor shall comply with all reasonable requests by County for documentation demonstrating Contractor’s compliance with this Section.

Y. SURVIVAL
All representations, warranties, and covenants contained in this Agreement, or in any instrument, certificate, exhibit, or other writing intended by the parties to survive this Agreement, shall survive the termination or expiration of this Agreement, including but not limited to all terms (1) providing for indemnification of County; (2) relating to the California Public Records Act; (3) relating to County Data; and (4) relating to Contractor’s obligations upon termination or expiration of this Agreement.

COUNTYOF SANTACLARA

SERVICE AGREEMENT
Version 4.24.2025
RevisionDate – April 24, 2025 Page 14 of 15
SECTION VII: INSURANCE/INDEMNIFICATION
Independent Contractors shall comply with the County’s insurance and indemnification requirements as indicated below. These requirements do not apply to Dependent Contractors.

A. TYPE OF INSURANCE LANGUAGE
The following standard insurance and indemnification language is attached and incorporated into this agreement:

Insurance Exhibit Name:

Modification or Waiver Attached (if appropriate)
B. DETERMINATION OF INSURANCE REQUIREMENTS AND WAIVER DECLARATION Workers Compensation:

Does the contractor have employees?
If“YES”, then, WORKER’S COMPENSATION/EMPLOYER'S LIABILITY INSURANCE IS REQUIRED. Select Owned Auto Insurance:

Will the contractor use any owned autos in the provision of direct services, such as transporting clients in autos or operating autos in performance of the work itself? If“YES”, then INSURANCE FOR OWNED AUTOS IS REQUIRED.

Select
Hired Auto Insurance:

Will the contractor use any hired autos in the provision of direct services, such as transporting clients in autos or operating autos in performance of the work itself? If“YES”, then INSURANCE FOR HIRED AUTOS IS REQUIRED.

Select
Non-owned Auto Insurance
Will the contractor be using any non‐owned autos in the provision of direct services, such as transporting clients in non‐owned autos or operating non‐owned autos in performance of the work itself? If“YES”then, INSURANCE FORNON‐OWNEDAUTOS IS REQUIRED.

Select
When “NO”is selected, this declaration will serve as a waiver for the specified type of insurance.

SECTION VIII: FEDERAL/STATE REQUIRED PROVISIONS
(Examples include Drug‐free Workplace Activity, Health Insurance Portability and Accountability Act(HIPAA), Business Associate Language, etc.)
A. Federal Required Language Attached
Only add special language if services included in the contract require language different from or in addition to that in Section VI.

Exhibit Name:

B. State Required Language Attached
Only add special language if services included in the contract require language different from or in addition to that in Section VI.

Exhibit Name:

The Exhibits named above are attached and incorporated by this reference.

COUNTYOF SANTACLARA

SERVICE AGREEMENT
Version 4.24.2025
RevisionDate – April 24, 2025 Page 15 of 15
SECTION IX: ADDITIONALATTACHED EXHIBIT(S)
Attachments and exhibits that conflict with County standard provisions or require risk assessment must be approved by County Counsel. Examples of attachments that require County Counsel approval are:
1) Contractor’s terms and conditions that are different than, or add to the standard provisions’ language, 2) Any changes to the language in Section VI—Standard Provisions.

Exceptions to County Counsel review include attachments that further explain the Contract Specifics as outlined in Section V, and insurance exhibits.

Exhibit Name (s)
The Exhibits named above are attached and incorporated by this reference.

EXHIBIT B-2A (Revised)
Rev. 9/2023 1

INSURANCE REQUIREMENTS FOR

STANDARD SERVICE CONTRACTS
BETWEEN $50,001 AND $100,000
Indemnity
Notwithstanding any other provision of this Agreement, Contractor shall indemnify, release, hold harmless, and defend, with counsel approved by County of Santa Clara (hereinafter “County”), County and its officers, agents, and employees from any claim, demand, suit, judgment, liability, loss, injury, damage, or expense of any kind (including attorneys’ fees and costs) arising out of, or in connection with, performance of this Agreement by Contractor and/or its officers, agents, employees, or sub-contractors, excepting only loss, injury, or damage caused by the sole negligence or willful misconduct of personnel employed by County. It is the intent of the parties to this Agreement to provide the broadest possible coverage for County as allowed by law. Contractor shall reimburse County for all costs, attorneys’ fees, expenses, and liabilities incurred with respect to any litigation or process in which Contractor contests its obligation to indemnify, defend, and/or hold harmless County under this Agreement and does not prevail in that contest.

Insurance
Without limiting the Contractor's indemnification of the County, the Contractor shall provide and maintain at its own expense, during the term of this Agreement, or as may be further required herein, the following insurance coverages and provisions:

A. Evidence of Coverage
Prior to commencement of this Agreement, the Contractor shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. Individual endorsements executed by the insurance carrier shall accompany the certificate. In addition, a certified copy of the policy or policies shall be provided by the Contractor upon request.

This verification of coverage shall be sent to the requesting County department, unless otherwise directed. The Contractor shall not receive a Notice to Proceed with the work under the Agreement until it has obtained all insurance required and such insurance has been approved by the County. This approval of insurance shall neither relieve nor decrease the liability of the Contractor.

B. Qualifying Insurers
All coverages, except surety, shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A- V, according to the current Best's Key Rating Guide or a company of equal financial stability that is approved by the County's Insurance Manager.

EXHIBIT B-2A (Revised)
Rev. 9/2023 2
C. Notice of Cancellation
All coverage as required herein shall not be canceled or changed so as to no longer meet the specified County insurance requirements without 30 days' prior written notice of such cancellation or change being delivered to the County of Santa Clara or their designated agent.

D. Insurance Required

1. Commercial General Liability Insurance - for bodily injury (including death) and property damage which provides limits as follows:
a. Each occurrence - $1,000,000
b. General aggregate - $1,000,000
c. Products/Completed Operations aggregate - $1,000,000 d. Personal Injury - $1,000,000

2. General liability coverage shall include:
a. Premises and Operations
b. Products/Completed
c. Personal Injury liability
d. Severability of interest

3. General liability coverage shall include the following endorsement, a copy of which shall be provided to the County:

Additional Insured Endorsement, which shall read:
“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, as additional insureds.”
Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the County of Santa Clara, its officers, agents, and employees shall be excess only and not contributing with insurance provided under this policy. Public Entities may also be added to the

EXHIBIT B-2A (Revised)
Rev. 9/2023 3
additional insured endorsement as applicable and the contractor shall be notified by the contracting department of these requirements.

4. Automobile Liability Insurance
For bodily injury (including death) and property damage which provides total limits of not less than one hundred thousand dollars ($100,000) combined single limit per occurrence applicable to all owned, non-owned and hired vehicles. 4a. Aircraft/Watercraft Liability Insurance (Required if Contractor or any of its agents or subcontractors will operate aircraft or watercraft in the scope of the Agreement) For bodily injury (including death) and property damage which provides total limits of not less than one hundred thousand dollars ($100,000) combined single limit per occurrence applicable to all owned, non-owned and hired aircraft/watercraft.

5. Workers' Compensation and Employer's Liability Insurance a. Statutory California Workers' Compensation coverage including broad form all-states coverage.
b. Employer's Liability coverage for not less than one million dollars ($1,000,000) per occurrence.

E. Special Provisions
The following provisions shall apply to this Agreement:

1. The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Contractor and any approval of said insurance by the County or its insurance consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to this Agreement, including but not limited to the provisions concerning indemnification.

2. The County acknowledges that some insurance requirements contained in this Agreement may be fulfilled by self-insurance on the part of the Contractor.

However, this shall not in any way limit liabilities assumed by the Contractor under this Agreement. Any self-insurance shall be approved in writing by the County upon satisfactory evidence of financial capacity. Contractors obligation hereunder may be satisfied in whole or in part by adequately funded self-insurance programs or self-insurance retentions.

EXHIBIT B-2A (Revised)
Rev. 9/2023 4

3. Should any of the work under this Agreement be sublet, the Contractor shall require each of its subcontractors of any tier to carry the aforementioned coverages, or Contractor may insure subcontractors under its own policies.

4. The County reserves the right to withhold payments to the Contractor in the event of material noncompliance with the insurance requirements outlined above.

F. Fidelity Bonds (Required only if contractor will be receiving advanced funds or payments) Before receiving compensation under this Agreement, Contractor will furnish County with evidence that all officials, employees, and agents handling or having access to funds received or disbursed under this Agreement, or authorized to sign or countersign checks, are covered by a BLANKET FIDELITY BOND in an amount of AT LEAST fifteen percent (15%) of the maximum financial obligation of the County cited herein. If such bond is canceled or reduced, Contractor will notify County immediately, and County may withhold further payment to Contractor until proper coverage has been obtained. Failure to give such notice may be cause for termination of this Agreement, at the option of County.

South County Youth Task Force Page 1 of 1
Financial Contributing Agencies

JOINT REVENUE
Joint Revenue Total
Proposed FY Budget Contribution
FY 25-26
Participating Agency and Contribution
Morgan Hill Unified School District $45,000.00 $45,000.00 Santa Clara County - District Attorney's Office (DAO) $100,000.00 $100,000.00 Board of State and Community Corrections Title II $89,333.25 $89,333.25 Total Joint Revenue $234,333 $234,333
Matches: Positions and Programming
In-Kind Positions (Base Rates)
City of Morgan Hill - SCYTF Coordinator Position (0.5 FTE) $62,500 $62,500.00 Santa Clara County - DAO - SCYTF PM Position (.25 FTE) $42,103 $42,103.37 Santa Clara County - Probation Education Officer (.25 FTE) $38,588 $38,587.50 Santa Clara County - DAO - SCYTF Management Analyst (.25 FTE) $29,251 $29,251.03 Santa Clara County - DAO - SCYTF Community Outreach Specialist (.25 FTE) $22,739 $22,739.06 City of Morgan Hill (also EAH and Boys & Girls Club) After School Program $48,000 $48,000.00 Total Hard Match $243,181 $243,181
Total Joint Revenue and Hard Match $477,514 $477,514

EXPENDITURE
Expenditure Total
Proposed Budget Expenditure
FY 25-26
Contractual Services: Positions, Programs and Activities Joven Noble, Xinachtli, Late Night Gyms, School-based Outreach (MH/SM) $125,000.00 $125,000.00 Restorative Justice and New Diversion Program (MH, San Martin) $89,333.25 $89,333.25 New Outreach and Educational Pilot Programs $0.00
Support for SC HEALS! Strategies $0.00
SCYTF Website $0.00
Subtotal Salary and Contractual Services $214,333 $214,333 Program Supplies
Smaller Contracts, Services and Supplies (for all groups, Strategic Planning, mass $20,000 $20,000.00 translating and mass printing, youth incentives, etc,
Subtotal Supplies $20,000 $20,000
Total Expenditure Proposed Budget Match for Personnell Expenses $234,333 $234,333 In-Kind Positions (Base Rates)
City of Morgan Hill - SCYTF Coordinator Position (0.5 FTE) $62,500.00 $62,500.00 Santa Clara County - DAO - SCYTF PM Position (.25 FTE) $42,103.37 $42,103.37 Santa Clara County - Probation Education Officer (.25 FTE) $38,587.50 $38,587.50 Santa Clara County - DAO - Management Analyst $29,251.03 $29,251.03 Santa Clara County - DAO - SCYTF Community Outreach Specialist (.25 FTE) $22,739.06 $22,739.06 City of Morgan Hill (also EAH and Boys & Girls Club) After School Program $48,000.00 $48,000.00 Total Partner Professional Expenses Match for Personell Expenses $243,181 $243,181 Total Joint Expenditure and Partner Professional $477,514 $477,514 $0 $0

Attachment ___
1 Attachment A
Service Description and Expected Outcome (Scope of Service) A. Service Description and Expected Outcome (Scope of Services) This Agreement is between the County of Santa Clara (“County” or “District Attorney’s Office (DAO)”) and the City of Morgan Hill (“Contractor”), relating to providing funding to support the work and programming of the South County Youth Task Force (the “SCYTF”), Project II THRIVE! Strategic Plan in South Santa Clara County. These programs under the Project II THRIVE! Umbrella and South County Health Equity Access for all LeaderShip Initiative! (SC HEALS!) provide a strong safety net and coordinated continuum of care approach under the Project II THRIVE! Strategic Plan 2023-2026. The SCYTF is a collaborative of many city, county, educational, community-based and faith-based organizations that seek to promote a safe and nurturing community that creates and ensures sustainable access to opportunities, resources, and services for South County youth and their families, while empowering their voice and supporting their growth and success. SCYTF’s vision is community that is safe and free of youth violence where young people are strong, thriving and connected to their families, schools, and neighborhoods.

Strategies under the South County HEALS! and Project II THRIVE! Initiatives are aimed at preventing youth violence, addressing health equity and neighborhood disparity issues, reducing juvenile delinquent behaviors and the recruitment of youth into gangs, and supporting parent’s leadership and capacity-building within South Santa Clara County. Programs include the Youth Thrive Diversion Program which specifically seeks to appropriately hold first time or lower-level juvenile criminal offenders accountable by ensuring that youth remain a part of and thrive in their neighborhoods alongside other community members and prevent immersing the youth in the Juvenile Justice System. The DAO office will assume the role as the lead agency, helping with setting policy direction and seeking funding for the SCYTF and the City of Morgan Hill will assume the responsibilities for staffing, coordination and serve as the fiscal agency of the SCYTF, in agreement with the SCYTF Policy Team.

1. Contractor’s Responsibilities:
a. Coordinate and provide services to support the SCYTF for THRIVE! and SC HEALS! initiatives.
a. .5 FTE positions (Coordinator, Supervisor and/or Analyst) with duties that include, but not limited to: overseeing CBO agreements, meeting with SCYTF representatives, troubleshooting community and school incidents with SCYTF team guidance, and responding to crisis response needs as needed by SCYTF administration.
b. Provide shared office space at City of Morgan Hill facility for 1-2 SCYTF – SC HEALs! staff members (eg. Centennial Rec Center or Morgan Hill Police A

Attachment ___
2 Department) assigned to support the SCYTF: the SCYTF Program Manager, the Management Analyst and the Community Outreach Specialist assigned to South County, assigned to Community Prosecution Unit.
1 c. Through the passthrough of funds, contractor shall retain the services of Community Based Organizations (CBOs), community-led cooperatives, consultants and other non-governmental agencies to provide services that support the SCYTF. This includes recruiting and retaining collaboration and partnership of these agencies and groups to provide services to provide program supports and expenses for: Restorative Justice (RJ) programming and trainings, El Joven Noble and Xinachtli Rites of Passage Caracter development groups, life skills, case management, prosocial activities, community field trips and excursions, community leadership development, community events, team support, and incentivized supports for program participants in need of assistance to complete their Individual Service Plan, strategic plan related requests as requested of SCYTF THRIVE! and SC HEALS! partners.
d. Minimally, 90% of the funds from SCC must be allocated to CBOs, consultants, other non-governmental agencies and evaluation firms. The other 10% may be used for other administrational/indirect costs/supplies. Any remaining funds shall go towards CBOs, consultants, non-governmental agencies, and/or evaluation firms.
e. Contractor shall enter into separate agreements with CBOs that outline the services and deliverables in accordance with the SCYTF’s Project II THRIVE! Strategic Plan, following the Contractor’s procurement process. These agreements will have the Project II THRIVE! Strategic plan goals and language around transformational equity and racial equity.
f. Working and maximizing collaborative efforts with community-based organizations (CBOs). SCYTF will offer relevant trainings to potential SCYTF agencies, stakeholders, volunteers, parents and volunteers for program and community restorative circles, such as: Cultural Humility, Developmental Assets, Protective Factors, Restorative Practices and Restorative Circles, Sexual Orientation and Identity, Trauma Informed Care, The Connection Practice, Transformational Equity, Racial Equity and other evidence-based, culturallyresponsive and informed curriculums/ practices. g. Reporting data, quarterly progress and financial reporting to the County in a timely matter as outlined in Attachment B and updating a database that documents each youth’s process within all funded SCYTF programs utilizing DAO funds, their completion and follow through of their Individual Service Plan or lack of, until program completion.

A

Attachment ___
3 h. Provide Morgan Hill Unified School District administration with names, schools, grades, and current program status of youth participating in SCYTF THRIVE programming on a monthly basis.
i. CBOs and THRIVE participants shall commit to implementing the “Greetings at Every Door” principles, which involve positively and affirmatively greeting all youth upon entry into any space. This practice is intended to ensure students feel safe, seen, heard, and a sense of belonging, thereby supporting their socialemotional well-being and investment in learning

2. All CBOs participating in the SCYTF will have the necessary credentials, certifications, insurance, background checks, experienced staff, training and field expertise for the planned array of services and track records for to provide services.

The duties and responsibilities of the experienced staff will include:
a. Conducting outreach support;
b. Linking and referring youth to SCYTF’s services and other community programs based on their needs;
c. Partnering with the County, the SCYTF and other local community assets to further the goal of creating safer communities through gang and violence prevention, intervention, violence disruption, transformational health and neighborhood equity within “Opportunity Neighborhoods” to foster safer communities in South County;
d. Attending necessary meetings, including, but not limited to, impromptu crisis response protocol and climate meetings, monthly SCYTF Technical Team and bi-monthly Policy Team meetings, committee meetings, weekend events and work evenings (when needed) to implement successful coordination of SCYTF project services;
e. Assisting in identifying funding matches for food expenses while adhering to County nutritional guidelines for programming; and
f. Submitting monthly or quarterly calendars documenting which services are being rendered at which times, for each day of the week/month at each location. g. Outreach and Engagement Activities:

These activities aim to build rapport with youth and families to introduce services, opportunities for self-referral, and invitation to participate in our services/activities.

A

Attachment ___
4 3. Contacts and Visits
Contractor will oversee and monitor all CBOs/ contractual agencies to ensure they are properly adhering to, and providing services under, the SCYTF model. Contractor will oversee site visits to be completed by SCYTF’s program staff with appropriate clearance. Onsite and off-site contact must be according to County, City and school procedures. Social media connection is not allowed through personal sites.

4. Population to be Served: SCYTF
a. Children and young adults (Youth) served will be between the ages of 10-24 (any gender or non-binary), who reside or attend school in South County (zip code areas 95020, 95021, 95037, 95038 and 95046) and can fall in one, or more, of the following categories:

1. At-promise (risk) youth: Defined as youth who live in or attend schools in low socio-economic areas, referred to as “Hot Spots” that have some gang/violence-risk characteristics, such as, but not limited to youth exhibiting Stability Needs; Potential Harm to Self or Others; Offending Behavior; Trauma History/Lack of Healthy Coping Abilities; and Re­ Victimization Risk.

2. Moderate to High-promise (risk) behaviors and potential-to-committed gangimpact: Defined as youth exhibiting high-risk behavior(s) related to gang lifestyles, re-offending and/or participating in gang intimidation or behaviors associated with violence. This category distinguishes from “at-risk” population in that it generates additional characteristics demonstrating socialrisk factors and level of intensity.

3. Youth who demonstrate behaviors identified to be harmful to others, engaging in actions of violence at school, home or the community or gang intentional: social circle is integrated into intergenerational gang environment; youth self-identify, are identified and/or are arrested for gangrelated incidents or acts of gang violence through the justice system. b. Parents of youth and community members who reside in Morgan Hill and San Martin, as defined by the Strategic Plan.
c. School Providers who identify themselves as needing support, services and wish to integrate relevant SCYTF supports and trainings into the school, build staff’s competency with working with youth who are displaying trauma and known at-risk and high-risk behaviors.
d. Population to be Served: Diversion Program
Children (Youth) served will be between the ages of 10-17 (any gender or nonbinary), who reside or attend school in South County (zip code areas 95037, 95046 and 95020), who have committed a first-time, low-level offense, or have committed a low-level offense first of its nature.

A

Attachment ___
5 5. Location and Days of Operation:
a. Services will be provided in areas within South Santa Clara County opportunity neighborhoods, identified as having a higher need for services, as evidenced by trends, hotter climate, escalated youth issues, higher poverty levels and/or community and school demand within accessible community-based locations, such as community centers, libraries, churches, schools or virtual platforms best identified by the Project Coordinator, collaborative partners and youth who are going through SCYTF programs.
b. Services will be provided throughout the week and some evenings and weekends.

County’s Responsibilities:

1. County will provide leadership and assistance to the SCYTF Policy Team. This includes providing support to the SCYTF Policy Team in:
a. Participating in an engaging culture of active communication, coordination, and interagency collaboration.
b. Contributing and sharing resources which support and advance the goals of the SCYTF in accordance with a budget (See Attachment D-2, “Budget” attached and incorporated by this reference) and work plan approved by the Policy Team. c. Actively participating in the Policy Team role that:
i. Evaluates emerging trends and sets policy direction; ii. Monitors the progress of the Technical Team;
iii. Facilitates interagency collaboration and troubleshooting; iv. Reviews efforts, measures success and makes changes as needed; and v. Completes service delivery, if and as specified, within approved funding applications.
d. Seeking out and bringing forward for consideration, “best practices” and “evidence-based practices” that can be tailored to the South County’s unique needs.

2. County will provide leadership and assistance to the SCYTF Technical Team and the various subcommittees. This includes providing support to the SCYTF Technical Team in:
a. Co-chairing the Technical Team or several working committees. b. Providing direct services to youth and their families. c. Supporting the intent of serving as a youth safety net, d. Serving as the Backbone Agency of SC HEALS!
e. Bringing needs to Policy Team and implementing Policy Team direction.

A

Attachment ___
6 Unless specifically stated otherwise, quarterly periods referenced in this entire agreement shall be defined as follows:

July 1, 2025 – September 31, 2025
October 1, 2025 – December 31, 2025
January 1, 2026 – March 30, 2026
April 1, 2026 – June 30, 2026
A

Attachment ___
7 Attachment B
Deliverables, Milestones & Timelines for Performance
Deliverables, Milestones, and Timeline for Performance

1. Contractor will work towards achieving Strategic Plan and Implementation Plan programmatic and community indicators, metrics and milestones that defines the magnitude of the gang and community violence issues in the south Santa Clara County area and identifies actions needed to best address them.

2. Within three (3) months from the last signature date on this agreement, Contractor will provide the County with a plan for spending and timeline for deliverables showing that the full amount will be spent within the period of this agreement. This plan should include the following:
a. What services the Contractor will offer,
b. How the Contractor will fund those services,
c. Explanation of the need for services,
d. Desired outcome of results
e. If changes occur to the plan, please update the plan

3. Project data to be collected: number and type of primary, secondary and tertiary services available as the result of this agreement to fund Project II THRIVE! Strategic Plan incentives and strategies and its Implementation Plan, client length of participation and completion rate(s), percentage of outcome goals achieved by individual participants, numbers of referrals, rate of successful enrollment for each service type and training offered.

4. A monthly Leadership Program meeting will be held with any and all agencies, committees and programs funded by this agreement to present interim process and outcome results, including key service delivery, participant progress, and participation data, issues arising, website development and committee development in an effort to discuss and act on real time issues and any needed program adjustments.

5. Transport of Clients: All necessary insurance and guidelines must be met and verified before transporting clients. One-to-one driving is not recommended. Staff and youth in transport must be of the same gender, or there may be another staff member in the car of opposite gender. A guardian/parental permission slip must be signed each time a youth enters a Contractor’s or Subcontractor’s vehicle. For Life Coaching/Case Management/Small Group sessions, all intake paperwork must be up to date and the two-to-one ratio must be enforced for transporting clients. Locations of services will B

Attachment ___
8 occur at the identified schools, community hubs, hot-spot parks and libraries. Contact of client and transportation must follow County and Contractor procedures.

6. Contractor will ensure that each subcontracting CBO/ agency maintains a written and electronic individualized file on each client for case management services as well as an Individual Service Plan (ISP). Contractor will ensure that each CBO/agency has a file on all group, training, or program attendees to support the demographics and number of clients and community members being served. CBOs/agencies will document each client's progress within assigned service/program and notify Contractor of client's progress and/or problems encountered within an assigned service/program.

7. Contractor must work with the County's evaluation staff and consultants to collect data as required by the County:
a. Contractor must assist in supporting and implementing the goals of the County, including the outcome measures, as determined by the County and agreed upon by the Contractor.
b. Contractor must assure that each CBO/ agency work in conjunction with County and County's outcomes team to create a client list. At a minimum, CBOs/agency must provide a client list that includes the following:
i. Initials of youth served;
ii. Include assigned Probation File Numbers for Youth (if applicable); iii. Date of birth of youth served;
iv. Date of referral made to program (if applicable)
v. Date and length of time of youth’s Circle (if applicable) vi. Date of when youth started receiving services;
vii. End date of when youth stopped receiving services; viii. ZIP Code of youth served (if available);
ix. Ethnicity of youth served (if available); and
x. Hours of service per youth by activity type (if applicable).

8. Contractor must request that CBOs/ agencies work in conjunction with County to finalize a “Program Activity Report (PAR)”, which is incorporated here by reference.

Once the PAR format is approved by the Contractor, the Contractor must submit it quarterly to the County by the fifteenth working day of the new month following the end of the quarter.

9. Contractor must request that CBOs/agencies work in conjunction with the Contractor and County to finalize a quarterly “Program Narrative Report”, which is incorporated here by reference. Once the Program Narrative Report format is finalized and approved by the Contractor, the Contractor must submit it quarterly to the County, by the fifteenth (15th) business day following the end of each quarter, for contents approval.

B

Attachment ___
9 10. Contractor must complete and submit the quarterly reports and Invoice documentation with appropriate supporting documents, (service calendar(s) with times and locations of programs, subcontractor invoices, receipts and any in-kind matches), by the 15th business day after the end of the quarterly period.

11. The PARs and quarterly and biannual Program Narrative Reports must be submitted by email to the following addresses: [email protected] and [email protected]

12. Performance Targets, Metrics & Improvement Objectives:

Performance Standard Data Contractor Provides
Annually serve 75-125
at-risk to high-risk and
gang impacted youth,
ages 10-24.

Minimum of 60% of
youth served will
demonstrate
behavioral changes
and/or improvements
within their schooling,
home life and/or
decision-making
process.

Minimum of 75% of
youth will have 2+
new positive
relationships with safe
adults.

Number of youths served, including demographic information such as age, race/ethnicity, gender, and geographic region.

Number of youths enrolled in programs to include prosocial, classes, group, trainings, and/or YTDP. Data should be provided by program type.

This includes demographic information such as age, race/ethnicity, gender, and geographic region.

Number of youths who complete programs and Individual Service Plans or Agreements. Data should be provided by program type.

This includes demographic information such as age, race/ethnicity, gender, and geographic region.

Documentation of behavioral of performance changes improvement for youth.

Number of youth and adult volunteers who attended and supported each Circle Conducted.

Performance Standard Data Contractor Provides
Annually serve 50-100
parents, community
members and
educators who reside
and/or teach in
identified at-risk to
Number of parents, community members, educators and local government staff served, including demographic information such as age, race/ethnicity, gender, and geographic region through a program, workshop, Circle or training to help build their capacity in restorative, culturally responsive and healing-informed / traumainformed frameworks.

B

Attachment ___
10 high-risk
neighborhoods.

Minimum of 75% of
adults served will
indicate positive
experiences that will
contribute to bettering
their personal or work
lives/ levels of
engagement.

Number of parents, community members, and educators enrolled in programs or a training within restorative, culturally-responsive, healing-informed / trauma-informed frameworks. Data should be provided by program or training type.

This includes demographic information such as age, race/ethnicity, gender, and geographic region.

List of trainings offered per year.

B

Attachment ___
11 Attachment C
Performance Standards
C. Performance Standards

1. Prior to beginning services, all Contractor and subcontractor CBO personnel working directly with clients must obtain, at Contractor’s or their own expense, a Department of Justice background clearance (Live Scan). If the results of the background check are unfavorable, the County will notify Contractor to arrange for replacement personnel. If replacement personnel cannot be found, County will terminate the Agreement. Contractor will need to complete the following steps to obtain a background clearance:
a. Contact the County Live Scan liaison at (408) 468-1633 to obtain a background clearance application.
b. Contact the County of Santa Clara Office of the Sheriff to make a Live Scan appointment. The office of the Sheriff can be contacted by phone: (800) 211-2220 or via their website http://www.sccgov.org/portal/site/sheriff. c. County will contact Contractor once the results of the background clearance have been received.
d. Contractor is required to notify the DAO’s liaison when the employment or licensing relationship of any individual whose name was submitted for Live Scan background clearance has concluded.
i. Contractor must provide the DAO with a list of employees who will be performing services for the Contractor and include the following information by the end of Quarter 2 of each new Fiscal Year:
 Employee’s name;
 The employee’s position/title and role within the program; and If Contractor’s personnel has already obtained a Live Scan background clearance, Contractor shall provide supporting documentation to DAO by email to the following address: [email protected] by end of Quarter 2.

2. Privacy – Contractor must comply with all state and federal laws regarding the privacy of medical information, including but not limited to the following:
a. The Health Insurance Portability and Accountability Act, 45 C.F.R parts 160, 162 and 164
(“HIPAA”);
b. The Health Information Technology for Economic and Clinical Health Act (“HITECH”
Act), Pub. L. 111-5, Div. A, Title XIII, § 130001 et seq., Div. B, Title IV, § 4001 et seq., Feb. 17, 2009, 123 Stat. 226, 467, 42 U.S.C.A. § 300ii, et seq., and 4U.S.C.A. § 17901, et seq.;
c. California Welfare and Institutions Code section 5328 et seq.; and d. California Evidence Code section 1010 et seq.

C

Attachment ___
12 3. Contractor will perform the agreed services in a competent and expedient manner and must immediately inform the County should problems arise that prohibit the Contractor from performing the services in such a manner.

4. Contractor shall maintain written documentation, project information, and records relevant to the services provided. Contractor must make this information available for review by County upon reasonable notice.

5. Cultural Diversity, Inclusion, and Cultural Diversity:

Services must be provided in a culturally responsible manner to the entire target population, demonstrating fair and equitable practices for participants of diverse identities including gender, age, religion, race ethnicity, sexual orientation, gender identity, and disability.

Contractor, and its selected CBOs/ agencies, shall maintain and promote programs that provides the highest quality of services to clients regardless of actual or perceived sexual orientation, gender identity, or gender expression.

6. Contractor, and its CBOs agencies, agrees to provide language/translation services for clients and/or their families who may have Limited English Proficiency (LEP) skills. Contractor further agrees to inform LEP individuals of their eligibility for benefits, programs, and services in a language they understand. Contractor, and its CBOs/ agencies, must not only translate outreach materials, but must also explain how LEP individuals may access available language assistance services. Methods Contractor, and its CBOs/ agencies, can use to inform LEP individuals about language assistance services may include translating outreach materials into other languages, updating non-English content in key languages on the main page of its program's website, and providing public service messages in non-English media describing its programs. Additional methods of providing notice include the use of forms, brochures, and/or language access posters placed in conspicuous locations describing in multiple languages the availability of language assistance services, the use of “I Speak” language identification cards, and by including instructions in nonEnglish languages on telephone menus. Sample of the "I Speak" card is available at this website and Contractor may create their own version. https://www.dfeh.ca.gov/wp-content/uploads/sites/32/2017/06/DFEHDIR108Attach1.pdf

7. County will evaluate and document the Contractor’s performance in accordance with County policy. Contractor evaluation may consist of, but not be limited to, the following evaluation forms:
a. Contractor Performance Evaluation report;
b. On-site review; and/or
c. Contractor self-evaluation.

C

Attachment ___
13 8. Contractor will adhere to the Risk, Need, and Responsivity (RNR) model and an evidence-based practice (EBP), which must be mutually agreed upon by DAO and contractor. EBP must address SCYTF services. Contractor will ensure the integrity of the model is maintained throughout the process of providing services to clients.

C

Attachment ___
14 Attachment D
Payment Schedule

1. The maximum compensation paid to Contractor under this Agreement must not exceed one-hundred thousand dollars ($100,000) for the length of this agreement, a 12- month cycle: July 1, 2025 to June 30, 2026.

2. Contractor will be compensated for services rendered and/or expenses incurred in accordance with Exhibit D-2, “Budget” hereto attached and incorporated by this reference.

DAO and Contractor may, as needed and upon mutual agreement in writing, modify budget line-item maximums and/or billable rates noted in Attachment D-2, “Budget” to reflect the service delivery needs of the SCYTF without exceeding the maximum financial obligation of this agreement.

3. Contractor will submit invoices at the end of each quarter, invoices will include the Contractor's name and address; invoice number; contract number; date and description of services; total invoice amount; year-to-date expenditures and remaining contract balance.

The invoice covering services rendered in the final period of service in each applicable fiscal year this agreement is in effect (fourth quarter or the month of July, as appropriate) shall be submitted no later than July 1st (or next business day when July 1 falls outside of normal County business hours).

4. If the invoice and supporting documents are in proper form, appropriately payable under this Agreement, and have been reviewed and approved by the appropriate DAO, County shall make payment to Contractor in accordance with Section VI: Standard Provisions, Item U “Payment Term,” of this agreement. Payment is contingent upon Contractor providing the agreed upon services according to the scope of services, contract requirements, deliverables and performance standards detailed herein.

5. All records, books, reports, and documentation maintained by Contractor or the DAO, pursuant to this agreement, or related to Contractor activities and expenditures under this agreement shall be open for inspection and audit by Federal, State, and DAO officials or the officials of the DAO, or their agents, upon demand at reasonable times.

D

9 CITY COUNCIL STAFF REPORT
MEETING DATE: June 18, 2025
PREPARED BY:

Chris Ghione, Public Services Director
APPROVED BY: City Manager

AUTHORIZE THE CITY MANAGER TO EXECUTE GRANT

AGREEMENTS WITH SILICON VALLEY CLEAN ENERGY

RECOMMENDATION(S)
Authorize the City Manager to further negotiate, execute, and administer a $1 million decarbonation grant and $100,000 education grant from Silicon Valley Clean Energy.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Protecting the Environment and Preserving Open Space and Agricultural Land Maintaining and Enhancing Infrastructure
Supporting our Youth, Seniors, and Entire Community
2024-2025 Strategic Priorities
Fiscal Sustainability
Guiding Documents
Climate Action Plan
REPORT NARRATIVE:

The purpose of this staff report is to give City Council the opportunity to authorize the City Manager to execute agreements to accept funds for two grants that have been awarded to the City by Silicon Valley Clean Energy (SVCE). The City of Morgan Hill has a key central goal of reducing greenhouse gas (GHG) emissions by reaching carbon neutrality by 2045 and working toward this goal through a number of sub-goals, action items, and planning efforts as identified in the Morgan Hill 2021 Climate Action Plan (CAP). The financial support from the two grants described below would strategically align with the City’s efforts in achieving CAP goals.

In October 2024, Silicon Valley Clean Energy (SVCE) announced significant funding available to member agencies within Santa Clara County through a competitive grants program. Grants were available in the area of decarbonation and education. Grant applications were due on March 14, 2025. The City submitted two grant proposals and in late April, City staff were notified that the City was awarded funding for both grant applications.

9 The first grant is for $1,000,000 towards electrification and energy reduction at the City's Aquatics Center. The purpose of the Aquatics Center project is to initiate the process of converting the Morgan Hill Aquatics Center to all-electric operations. The proposed project will be the first phase of decarbonization for the facility. The project will convert two of the Aquatics Center smaller pools, and other water heating units within the facility (locker rooms, restrooms, and kitchen), from gas fired heating to electric, as well as plan for the future electrification of the larger pool. In order to complete the desired changes noted, the City will be required to increase the capacity of the electric service available to the site. To accommodate this increased need, the project scope includes a proposal to add New 1600A 480V 3 Phase electrical service infrastructure to the facility. This addition is capable of providing both the necessary power for the proposed conversion to electric heating for this project phase, as well as the future phase of conversion anticipated for the large pool. Project scope also includes the creation and redesigning of outdoor facility space to house replacement air source heat pump units (3-5), as well as accommodating the relocation of other infrastructure associated with the project (sidewalk, EV charging). Lastly, the City would look to replace existing kitchen appliances with electric, add variable frequency drives (VFD’s) for the three pool pumps, and convert all lighting to LED fixtures. It is important to note that this project will not fully convert the Aquatics Center to all electric, as the City will continue to use gas heating for its largest pool and to back up the electric heating in the smaller pools on the coldest days. Through the project, it is anticipated that significant cost savings may be achieved, which is another significant portion of the project.

The second grant is for $100,000 for the City's Environmental Services Team to utilize in educating and engaging the community on clean energy and climate change topics.

The proposed deliverables for the grant funding will empower the City to engage with communities whom the City has not previously worked with, and enhance current partnerships with community groups. The project will enable the City to meet and excel at meeting Climate Action Plan (CAP) goals for community engagement on topics related to the advancement of electrification in the building and transportation sectors.

Currently, the City does not have resources in place to continue CAP engagement efforts in any significant form. This funding will fund a part-time/temporary staff member to continue moving forward in achieving CAP goals for the City.

COMMUNITY ENGAGEMENT:

Inform
The City Council accepted the grants at the Mid-Cycle Budget Review on June 4, 2025.

Additionally, the City worked through extended engagement during the development of the City's Climate Action Plan. Implementation of this grant funding will require significant information to be provided to the community.

ALTERNATIVE ACTIONS:

The City Council could choose not to accept one or both areas of grant funding.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

9 • The City's CAP was adopted in December 2021. The CAP established goals which the two grant opportunities will help to fulfill. • The City Council previously accepted grant funding from Silicon Valley Clean Energy on February 21, 2023.
• The Council appropriated the expense and revenue for these grant funds during the Mid-cycle Budget Update on June 4, 2025.

FISCAL AND RESOURCE IMPACT:

The grant expense and revenue were appropriated during the Mid-Cycle budget update process and are currently budgeted.

CEQA (California Environmental Quality Act):

Not a Project.

This is an organizational/administrative action that will provide funding to help reduce negative impacts from climate change within the community.

SILICON VALLEY CLEAN ENERGY MEMBER AGENCY GRANT PROGRAM

AGREEMENT
THIS AGREEMENT is made and effective on the date of last signature below (“Effective Date”) by and between the Silicon Valley Clean Energy Authority (“SVCE”), an independent public agency and (City of Morgan Hill) (“Recipient”) In consideration of the covenants, conditions and undertakings set forth herein, the parties agree as follows:”

1. RECITALS. This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct:

A. SVCE’s Member Agency Competitive Grant Program (“Program”) will provide $3M in grants to member jurisdictions to plan and develop decarbonization demonstration, energy resilience, and engagement projects.

B. Recipient submitted an application for Program funding, attached hereto and incorporated herein as Exhibit A, for a decarbonization demonstration, energy resilience, and engagement projects (“Project”). The scope and estimated budget for the Project are included in Exhibit A.

C. SVCE finds that the use of Grant Funds described herein furthers a public purpose and meets the goals and objectives established for the Program, and desires to award Recipient a one-time grant pursuant to the terms of this Agreement.

2. GRANT. SVCE hereby agrees to provide funding to Recipient in an amount not to exceed [$100,000], subject to the provisions of this Agreement (“Grant Funds”). Such Grant Funds shall be disbursed to Recipient on a reimbursement basis. It is agreed and understood that the Grant Amount is a ceiling and that SVCE will only reimburse the allowable cost of services actually rendered as authorized by SVCE at or below the Grant Amount established herein.

3. REIMBURSEMENT OF GRANT FUNDS. Grant Funds shall be reimbursed pursuant to the following process:

A. SVCE shall reimburse Recipient for its actual and reasonable costs of constructing the Project up to the agreed upon Grant Funds.

B. Requests for payment submitted to SVCE shall include: 1) a cover letter in the agency’s letterhead summarizing the project and requested dollar amount for reimbursement 2) an itemized list of all expenditures; and 3) supporting documentation that clearly identifies the expenditure(s) in relation to the scope of the Project set forth in Exhibit A of this Agreement.

Payment requests should be aggregated and submitted after Project completion.

C. SVCE shall process requests for payment and remit payment within 30 days.

D. If, in SVCE’s sole discretion, the request for payment is incomplete, inadequate, or inaccurate, SVCE may dispute the invoice for reasonable cause and hold all or a portion of the payment request until all required information is received or corrected. Any penalties imposed

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on the Recipient by a contractor, or other consequence, because of delays in payment or other breach of the agreement between the Recipient and the contractor are the responsibility of the Recipient and are not reimbursable under this Agreement.

E. Unless otherwise authorized by SVCE in writing, Recipient shall submit all documentation of Project completion, including a final request for payment, within sixty (60) days of Project completion.

F. Final payment of remaining Grant Funds, including any amounts withheld from previous payments, shall be paid up to the total amount of the actual Project cost, not to exceed the Grant Funds amount set forth in this Agreement, upon completion of the Project, receipt of the final report and final request for payment from the Recipient in a form and content satisfactory to SVCE.

4. USE OF GRANT FUNDS. Recipient shall use the Grant Funds to support the Program as set forth in Exhibit A. Any use(s) of Grant Funds not contemplated in this Agreement must be approved in writing by SVCE. This Agreement was awarded to Recipient based on the application submitted by Recipient with the intention that the awarded funds would be used to implement the Project as described in Exhibit A. Any substantive deviation during Project implementation may require reevaluation or result in loss of funding. In no event shall Recipient’s Grant Funds or scope of work be increased. If Recipient knows or should have known that substantive changes to the Project will occur or have occurred, Recipient will immediately notify SVCE in writing. SVCE will then determine whether the Project is still consistent with the overall objectives of the Program and whether the changes would have negatively affected the Project ranking during the Grant evaluation process. SVCE reserves the right to have Grant Funds withheld from Recipient, or refunded to SVCE, due to Recipient’s failure to satisfactorily complete the Project or due to substantive changes to the Project.

5. TERM. This Agreement shall commence on the Effective Date, and shall remain and continue in effect until the final Grant Funds are paid to Recipient, unless sooner terminated pursuant to the provisions of this Agreement. Project completion dates shall not be extended unless SVCE determines, in its sole discretion, that extenuating circumstances justify an extension. Projects must be complete no later than [December 31, 2027]

6. REPORTING AND RECORDS. Recipient agrees to cooperate with SVCE and provide requested information, if any, related to the use of Grant Funds and the Project, including for the purposes of SVCE’s evaluation, measurement, and verification activities for the Program.

Recipient will cooperate in good faith with SVCE or its authorized representative in performing evaluation, measurement and verification (EM&V) of the Program. Information accessed for EM&V may include, but is not limited to, onsite verification of Project operation, Program compliance, and Project records, analysis of facility billing metered data, analysis of data collected from facility-owned submetering, and collection of supplementary metered data onsite. All information collected will be held confidentially and will be used by SVCE or its authorized representative for Program analysis purposes only. Recipient is responsible for ensuring, through a separate agreement between Recipient and property owner, that property owner shall cooperate with SVCE to provide any documentation and assist in analysis and provide access to the Project site at reasonable times, during the construction of the Project and for a period of up to two (2) years from the completion of the Project. During the course of the

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Project and for three (3) years thereafter from the receipt of the final Grant Funds, the Recipient agrees to maintain, intact and readily accessible, all communications, data, documents, reports, records, contracts, and supporting materials relating to the Project, as SVCE may require. The Recipient agrees to have financial and compliance audits performed as SVCE may require.

7. LEGAL RESPONSIBILITIES. Recipient shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance under this Agreement. Recipient shall at all times observe and comply with all such ordinances, laws and regulations. SVCE, and its officers and employees, shall not be liable at law or in equity occasioned by failure of Recipient to comply with this Section.

8. PREVAILING WAGES. By accepting the Grant Funds, Recipient as a material term of this Agreement shall be fully responsible for complying with all California public works requirements including but not limited to payment of prevailing wage. Therefore, as a material term of this Agreement, to the extent required by California law, Recipient shall ensure that prevailing wages are paid, that the project budget for labor reflects these prevailing wage requirements, and that the project complies with all other requirements of prevailing wage law, including that Recipient’s subcontractors also comply with all applicable public works/prevailing wage requirements.

9. PROCUREMENT. At minimum, Recipient shall abide by Recipient’s purchasing regulations and policies and all California laws and regulations in procuring goods or services where the costs are eligible for reimbursement under this Agreement.

9. CALIFORNIA PUBLIC RECORDS ACT. Recipient acknowledges that SVCE is subject to the California Public Records Act (Gov. Code § 7920.000 et seq.). SVCE acknowledges that Recipient may submit information to SVCE that Recipient considers to be confidential, proprietary, or trade secret information. Only such information clearly designated in writing as “confidential” shall be deemed “Confidential Information.” Upon request or demand of any third person or entity (“Requestor”) for the production, inspection, and/or copying of Confidential Information, SVCE shall notify Recipient that such request has been made.

Recipient shall be solely responsible for taking whatever legal steps are necessary to protect Confidential Information and to prevent its release to the Requestor. Without limiting SVCE’s right to disclose Confidential Information as may be required by law, if Recipient takes no such action after receiving the foregoing notice from SVCE, SVCE shall be permitted to release information it deems subject to disclosure.

10. NOTICES. Any notices provided under this Agreement must be in writing and may be given either by mail or e-mail to the following addresses:

SVCE:

Silicon Valley Clean Energy Authority 333 W. El Camino Real #330 Sunnyvale, CA 94087
Attention: [email protected]

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RECIPIENT:
[City of Morgan Hill]
[17575 Peak Avenue, Morgan Hill, CA
95037]
Attention: Chris Ghione, Public Services Director

11. INDEPENDENT CONTRACTOR.

A. Recipient shall at all times remain as to the SVCE a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Recipient shall at all times be under Recipient's exclusive direction and control. Neither SVCE nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of Recipient's officers, employees, or agents except as set forth in this Agreement. Recipient shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the SVCE.

Recipient shall not incur or have the power to incur any debt, obligation or liability whatever against SVCE, or bind SVCE in any manner.

B. No employee benefits shall be available to Recipient in connection with the performance of this Agreement. Except for the fees paid to Recipient as provided in the Agreement, SVCE shall not pay salaries, wages, or other compensation to Recipient for performing services hereunder for SVCE. SVCE shall not be liable for compensation or indemnification to Recipient for injury or sickness arising out of performing services hereunder.

12. INDEMNIFICATION; WAIVER. Recipient shall indemnify, protect, defend and hold harmless SVCE, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which SVCE, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Recipient’s acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement. Recipient expressly waives the provisions of California Civil Code section 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” This Section shall survive the terminate of this Agreement.

13. INSURANCE.

A. On or before the commencement of the term of this Agreement, Recipient shall furnish SVCE with certificates showing the type, amount, class of operations covered, effective dates, and dates of expiration of insurance coverage in compliance with the requirements in this Section. Recipient shall maintain such coverage in full force at all times for the duration of this Agreement, at its sole cost and expense. Nothing herein shall be construed as a limitation on Recipient indemnification obligations under this Agreement.

B. Recipient shall maintain the following minimum insurance coverages:

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1) Workers’ compensation, as required by the State of California; 2) Commercial general liability coverage with minimum limits of $3,000,000 per occurrence and $5,000,000 aggregate for bodily injury and property damage.

ISO occurrence Form CG 0001 or equivalent is required;
3) Comprehensive automotive liability coverage with minimum limits of $1,000,000 per accident for bodily injury and property damage. ISO Form CA 0001 or equivalent is required.

C. Such coverages shall be issued by an insurer(s) licensed to conduct business in the State of California, with a minimum A.M. Best’s Insurance Rating of A:VII unless otherwise approved in writing as satisfactory to SVCE. The Recipient may satisfy its obligations under this Section through self-insurance.

D. The insurance limits required by SVCE are not represented as being sufficient to protect Recipient. Recipient is advised to confer with its insurance broker to determine adequate coverage for Recipient.

14. DEFAULT AND TERMINATION. Should an Event of Default occur, SVCE shall provide a notice of default to Recipient and shall give Recipient at least fifteen (15) calendar days from the date the notice is sent to cure the Event of Default. If Recipient fails to cure the Event of Default within the time prescribed, SVCE may, at SVCE’s sole discretion, withhold Grant Funds not yet disbursed hereunder, require the return or repayment of Grant Funds already disbursed, and/or terminate this Agreement by written notice which shall be effective upon receipt by Recipient. “Event of Default” shall mean the occurrence of any one or more of the following events by Recipient: (a) any false statement, representation, or warranty contained in this Agreement, the Application, or any other document submitted to SVCE; (b) failure to comply with applicable laws; (c) a failure to maintain in effect any policy of insurance required under this Agreement; or (d) a material breach of this Agreement.

15. NON-APPROPRIATION. Recipient acknowledges that SVCE is a public agency. In the event that sufficient funds for the performance of this Agreement are not appropriated by the SVCE Board of Directors in any fiscal year covered by this Agreement, this Agreement may be terminated by SVCE, without penalty, by giving notice to Recipient of such facts and of SVCE’s intention to terminate.

16. NON-WAIVER. Failure to exercise any right the SVCE may have or be entitled to, in the event of default hereunder, shall not constitute a waiver of such right or any other right in the event of a subsequent default.

17. AMENDMENT OF AGREEMENT. No modification, rescission, waiver, release or amendment of any provision of this Agreement shall be made except by a written agreement executed by the Recipient and the SVCE.

18. ASSIGNMENT PROHIBITED. In no event shall the Recipient assign or transfer any portion of this Agreement.

19. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. Any legal action brought under this Agreement must be instituted in the Superior Court of the County of Santa Clara, State of California.

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20. NO THIRD-PARTY BENEFIT. The provisions of this Agreement are for the sole benefit of the parties hereto and confer no rights, benefits, or claims upon any person or entity not a party hereto.

21. SEVERABILITY. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision.

22. RECIPIENT'S AUTHORITY. Recipient represents and warrants that (a) it has the power and authority to enter into this Agreement and to perform its obligations hereunder; (b) the person who executes this Agreement on its behalf has the necessary authority to bind Recipient; and (c) neither the execution and delivery of this Agreement nor the performance of its obligations hereunder will constitute a violation of, a default under, or conflict with any term of any governance documents or other agreements to which it is bound.

23. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be taken together and deemed to be one instrument. Faxed and PDF counterpart signatures are sufficient to make this Agreement effective.

24. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

25. COMMUNICATIONS AND ENGAGEMENT. Recipient agrees that SVCE may use and publicize information and visual materials (photos, videos, etc.) related to this project, including (but not limited to) information and visual materials provided in this application, updates, or follow-up information. Recipient will coordinate in good faith with SVCE on followup activities, such as interviews, outreach coordination, photo or video shoots, requests for additional information, and the design of educational materials and signage related to the project.

Recipient will work with SVCE to schedule all coordination and activities within a determined and mutually agreed-upon time frame and understand that refusal or failure to collaborate on marketing and outreach may result in termination of the funding.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

SILICON VALLEY CLEAN ENERGY AUTHORITY
NAME:

TITLE:

APPROVED AS TO FORM:

NAME:

TITLE:
[City of Morgan Hill]
By:

Name: Christina Turner
Title: City Manager
APPROVED AS TO FORM:

By:

Name: Donald Larkin
Title: City Attorney
[*Note: Signatures of two corporate officers are required for corporations – First signature must be one of the following: 1) the chairman of the board; 2) the president; or 3) any vice president. The second corporate signature must be one of the following: 1) the secretary; 2) any assistant secretary; 3) the chief financial officer; or 4) any assistant treasurer. Signature of Chief Executive is required for public agencies.]

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EXHIBIT A
[Attach Grant
Application]

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City of Morgan Hill SVCE Grant Application for Engagement Track Climate Action Plan Enhanced Outreach Project

1. Applicant Information
Legal name of organization: City of Morgan Hill
Address of local office(s): 17575 Peak Avenue, Morgan Hill, CA 95037 Project Team
Christina Turner
City Manager
408-776-7382
[email protected]
Role- Authorized Signatory
Chris Ghione
Assistant City Manager for Public
Services
408-782-9154
[email protected]
Role – Support as Needed
Tanya Carothers
Environmental Services Administrator
408-763- 5200
[email protected]
Role – Project Oversite
Alicia Hernandez
Municipal Services Assistant
[email protected]
v
(408) 310-4169
Role: Support as Needed

2. One paragraph summary of proposal with amount requested.

The Project will put a series of community engagement deliverables into place that will propel interest and understanding of clean energy and climate change topics in the Morgan Hill Community for the next 2 to 2.5 years. The proposed deliverables will empower the City to engage with communities whom the City has not previously worked with, and enhance current partnerships with community groups. The project will enable the City to meet and excel at meeting Climate Action Plan (CAP) goals for community engagement on topics related to the advancement of electrification in the building and transportation sectors. Currently, the City does not have resources in place to continue CAP engagement efforts in a meaningful and impactful way. The proposed series of project deliverables will allow the City to continue moving forward in achieving CAP goals. The City is requesting $99,981.21.

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3. Describe the value of the project and how it supports your agency’s greenhouse gas reduction goals or climate actions goals. Why was it selected? What are you hoping to learn from the project? How will it deliver/influence long-term decarbonization and/or resilience goals? Quantify the impact, if possible, and discuss the more qualitative impacts.

The City’s Climate Action Plan (CAP) includes a goal to implement engagement and outreach that will increase decarbonization and electric vehicle use in the community. The series of deliverables proposed as part of this CAP Enhanced Engagement Project were selected with the primary intention of increasing opportunities for residents to engage directly with City staff on these electrification topics so that barriers to electrification can be addressed, as identified through two community surveys completed in 2023 and 2024 and prior engagement events.

The project will influence long-term decarbonization and/or resilience goals by making electrification a competitive and very real option when people are replacing their appliances or buying a new car. Every resident that goes electric now equates to the elimination of the gasappliance or gas-fueled-car counterpart emitting GHGs for the next ten years or so, until the next replacement opportunity. It is extremely important to actively and consistently engage with the community on an ongoing basis to normalize electrification and eliminate misconceptions. Effective community education on electrification options also creates a longterm understanding , and consumer values gravitating towards GHG reduction and clean energy. This results in immeasurable amounts of GHG reduction for future generations.

Overall, the diverse selection of events proposed as part of the project which residents will have the opportunity to engage in will broaden the City’s engagement scope and community reach.

4. Full description of the community engagement plan detailing how the project will benefit and educate the community. This plan should include approximate details on the intended signage, interpretive information, and/or hosted events that will be a part of the project.

Who will benefit from the project? What metrics will you use to measure success? Below is a summary of the project deliverables and associated details. Timeframes associated with these deliverables are outlined in the Work Plan under Question #6.

Multi-Family Properties and Churches Engagement. Establish direct relationships with managers/leaders of MFDs and churches, have in-person and zoom meetings, and visit on-site offices, to enable meaningful engagement when opportunities come up to electrify. • Community Benefit: Normalize electrification to make it a competitive option, clarify misconceptions, educate on upcoming electrification requirements and rebates. • Target Audience: MFDs and Churches
• Outreach Collateral: Brochures, print-outs on rebates. • Potential Partners: Morgan Hill Youth Climate Action Team.

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• Metrics to Measure Success: Number of phone calls made and emails sent. Number of meetings hosted.

Quarterly Community Meeting. Host a quarterly live All Things Electric Community Meeting.

Will start as an online meeting and may include in-person meetings as it evolves. • Community Benefit: Normalize electrification to make it a competitive option, clarify misconceptions, educate on upcoming electrification requirements and rebates, build trust in community, answer questions.
• Target Audience: Any interested resident or business owner. • Outreach Collateral: Advertisement through City channels (social media, newsletters, video boards, etc.).
• Potential Partners: SVCE staff, contractors experienced in electrification. • Metrics to Measure Success: Number of meetings hosted.

Seasonal Cooking Demonstrations. Creation of Seasonal Cooking Demonstrations using Induction Cooktop Technology which will keep the Induction Cooktop Loaner Program successful and relevant in partnership with the Library. • Community Benefit: Highlight and demystify induction cooktop technology, clarify misconceptions, build trust in community, answer questions. • Target Audience: Any interested resident or business owner. • Outreach Collateral: Event advertisement through City (social media, newsletters, video boards, etc.). Induction Cooktop Loaner Program Brochure. Giveaways. • Potential Partners: Building Decarbonization Coalition, Library, Community Garden, Eat Grow Learn Community Group.
• Metrics to Measure Success: Completed demonstrations hosted. Number of attendees.

Clean Air Week. Establish series of daily events that are most relevant to community needs pertaining to electrification based on findings from surveys and other ongoing engagement. • Community Benefit: Highlight benefits of electrification, clarify misconceptions, build trust in community, answer questions.
• Target Audience: All interested residents or business owners. • Outreach Collateral: Event advertisement through City (social media, newsletters, video boards, etc.). Bilingual Brochures. Giveaways.
• Potential Partners: Building Decarbonization Coalition, Library, Morgan Hill Youth Climate Action Team, AAUW, Community Garden, Eat Grow Learn Community Group. • Metrics to Measure Success: Number of attendees at events and/or reach.

Video Series. A series of video shorts will be compiled to efficiently address electrification topics such as common misconceptions, grid capacity, highlight electrification successes in the community, rebates, etc. These will be posted to social media and shown at Community Meetings, and elsewhere as opportunities arise.
• Community Benefit: Highlight benefits of electrification, clarify misconceptions, answer common questions.

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• Target Audience: Dependent on video topic.
• Outreach Collateral: Videos.
• Potential Partners: Building Decarbonization Coalition, Library, Morgan Hill Youth Climate Action Team, AAUW, Community Garden, Eat Grow Learn Community Group. • Metrics to Measure Success: Locations posted, number of views if stats are available.

The project will also include the items listed below which will help to support participation and success in the deliverables listed above.

Partnerships. The project will engage with outreach initiatives, projects, and grants that support clean energy and electrification with established community groups via partnerships including Silicon Valley Clean Energy (SVCE), AAUW – Morgan Hill Chapter, the Morgan Hill Youth Climate Action Team, Mothers Out Front, the Morgan Hill Community Garden, Climate Action Pathways for Schools, Elders Climate Action – Northern California Chapter, and Silicon Valley Youth Climate Action, School Groups.

Booths. The program will host two to three booth events each year to help increase participation in the events listed above, and also to make knowledgeable staff available and active in the community which helps to build trust, establish connections, and answer community questions.

Surveys. The City will conduct one survey at the end of each grant year to get community feedback that can be used to maximize the impact of the engagement program within the community as the program moves forward.

5. A detailed budget table of the project’s activities and how SVCE’s funding will be used.

Please list any external grants and in-kind resources that will be used for the project. There is no matching contribution required.

Line Item Description
SVCE Grant Funds
Requested
Part Time Environmental staff to achieve deliverables. $80,550.00 Outreach and Engagement Giveaways and Booth Supplies $6,000.00 Informational Brochures, Flyers, Posters Etc. for General Outreach Materials $750.00
Induction Cooktop Loaner Program - Stove Purchases +
Accessories + Portable Table + Programming (e.g. cases, demo supplies, etc.), Demo Food and Cooking Supplies, Restaurant Engagement, Possible Professional Chefluencer $5,000.00 Utility Bill Inserts for Electrification Surveys - 3 Events $2,400.00 Clean Air Week - 3 Events and Enhanced Advertising $5,000.00

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Total $99,700.00

6. Project work plan and timeline. The work plan must include details on how the agency will manage the project and operationalize the end product, if applicable.

The Project would last two to 2.5 years beginning in summer 2025 and ending in December 2027. The Work Plan and Estimated Timeline are presented below - note that timeline is approximate and may not be exact. All deliverables and work listed will be completed.

Work Plan and Timeline for the
Morgan Hill Climate Action Plan Enhanced Outreach Project YEAR 1
Summer 2025 to
June 2026
YEAR 2
July 2026 to
June 2027
YEAR 3
July 2027 to
December 2027
ONGOING TASKS, EVERY MONTH FOR DURATION OF PROJECT: Attend MAWG Meetings, actively reach out to MFDs and Church Groups and arrange meetings, engage with all of community at large, stay actively engaged with community partners and their campaigns, update City website, run induction cooktop loaner program, engage with contractors, stay active on social media.

July Recruit and Hire a Specialist
Train Specialist
Introduction to Partners
Clean Air Week Planning
Clean Air Week Planning
Update outreach materials
Clean Air Week Planning
Update outreach materials
Aug RESEARCH for programs
Clean Air Week Planning
Video Script
National Night Out Booth
Quarterly Community Meeting
Clean Air Week Planning
Video Script
National Night Out Booth
Quarterly Community Meeting
Clean Air Week Planning
Video Script
National Night Out Booth
Sept Clean Air Week Planning
Record Video
Clean Air Week Planning
Record Video
Clean Air Week Planning
Record Video
Oct 3
rd Annual Clean Air Week
Seasonal Cooking Demo
Release Video
4 th Annual Clean Air Week
Seasonal Cooking Demo
Release Video
5 th Annual Clean Air Week
Seasonal Cooking Demo
Release Video
Setup Clean Energy Survey
Nov 1
st Quarterly Community Meeting
Setup Energy Survey
Quarterly Community Meeting
Setup Clean Energy Survey
Quarterly Community Meeting
Release Clean Energy Survey
Dec Release Clean Energy Survey
Booth
Release Clean Energy Survey
Booth
Booth
Analyze Clean Energy Survey
Jan Analyze Clean Energy Survey Results
Order giveaways
Clean Energy Survey Results
Order giveaways

GRANT CLOSEOUT
Feb Quarterly Community Meeting
Video Script
Quarterly Community Meeting
Video Script
March Earth Month Planning
Record Video
Earth Month Planning
Record Video
April Earth Day Booth & Other Events
Release Video
Earth Day Booth & Other Events
Release Video
May Quarterly Community Meeting Quarterly Community Meeting

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Work Plan and Timeline for the
Morgan Hill Climate Action Plan Enhanced Outreach Project YEAR 1
Summer 2025 to
June 2026
YEAR 2
July 2026 to
June 2027
YEAR 3
July 2027 to
December 2027
ONGOING TASKS, EVERY MONTH FOR DURATION OF PROJECT: Attend MAWG Meetings, actively reach out to MFDs and Church Groups and arrange meetings, engage with all of community at large, stay actively engaged with community partners and their campaigns, update City website, run induction cooktop loaner program, engage with contractors, stay active on social media.

June Seasonal Cooking Demonstration Seasonal Cooking Demonstration

7. The organization’s demonstrated capacity to complete the project, including a history of project management, community engagement, and grant management.

The City of Morgan Hill has considerable experience with effective management of grant funded projects, including aspects related to implementation, reporting, and completion requirements. The management team complies with the City of Morgan Hill’s Finance Department’s Grant Policy and Procedure guidelines of 2018 and are subject to audit review as applicable.

Morgan Hill currently has several executed grant agreements with SCVE through its Community Grant Resilience Program, Community Decarbonization Engagement Grant, and Community Decarbonization Demonstration Grant. These projects are all nearing completion and/or have reached completion with implementation of a new battery energy storage system at the City’s Centennial Recreation Center, the employment of decarbonization efforts through electrification for the newly built fire station, and the Morgan Hill Climate Action Plan (CAP) Outreach and Engagement program. Coordination with the SVCE grant project team has been very effective, with resulting outcomes that benefit the environmental, physical, and social health of our community.

The City actively engages in numerous grant funding opportunities to support City resources and promote solutions for the various needs of our community. Recent grant engagements include the development of numerous pedestrian and bike trails and pathways within the City to promote not only environmental benefits, but public health, economic and transportation benefits, and recreational opportunities. Several grant-funded trailways, including the Madrone Channel Trail, Butterfield Boulevard Pathway, and the West Little Llagas Trail have been completed and opened to the public. These efforts involved multiple grant agreements with various different agencies, and all were executed successfully.

Additionally, the City currently has two grant agreements with the California Department of Water Resources through the Urban Community Drought Relief Grant Program providing $6M

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in grant funding for projects to enhance the City’s water system. One of these projects will address the need for critical storage requirements and the other will address groundwater recharge through stormwater retention. While still in process, we look forward to the successful completion of these grant funded projects in the near future.

An excellent example of community engagement can be demonstrated with the SVCE grant funding previously awarded to the City of Morgan Hill for implementation of the Climate Action Plan (CAP) Outreach and Engagement Project (Project). The Project enabled the City to kickstart the public outreach and engagement component of its CAP (December, 2021) which concentrates on reduction of greenhouse gas emissions (GHGs) through the building and transportation sectors. During the course of the grant, the City established and implemented Clean Air Week, partnered with existing campaigns and community groups, completed surveys, engaged in social media, established an Induction Cooktop Loaner Program, held booths, completed a cooking demo using induction technology, and more. The ultimate goal of the project was to engage with the community to generate discussion, interest and presence around the topics of decarbonization and climate change.

8. Proposed modifications to the Grant Agreement terms. Modification of the contract terms may be proposed by the Applicant for consideration by SVCE but are not guaranteed to be accepted. Rejection of the final terms from SVCE is grounds for disqualification.

There are no modifications proposed.

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EXHIBIT B
[Member Agency
Guiding
Documents]

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SVCE Member Agency Grant: Engagement Track
Reimbursement Guidance
Reimbursement Overview
• The following activities must be completed before requesting reimbursement:
o Project deliverables
o Community engagement activities as listed in your grant application • The reimbursement request must be submitted with the final report • If the reimbursement request or final report is missing information, SVCE will notify the grantee to resolve before processing
• Please compile all documents in a single PDF file
• Reimbursement will be delivered as a physical check
Key Items for Reimbursement Packet
• Cover letter on agency letterhead with a summary of the project, date, grant reimbursement amount, and signature from authority (e.g., Department Director, City Manager)
• Accounts payable information such as official name and invoicing address • All applicable project invoices
• Itemized list of expenditures listing SVCE’s applied grant funds • Photos, videos, and any publications related to the project • Reimbursement requests and questions can be sent to Jess Cornejo ([email protected])

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Member Agency Grant: Engagement Track
Final Report Outline
[Guidance for grantees: This document is meant to present a high-level summary of the grant project for easy consumption by a general audience. Please use non-technical language, define acronyms, and limit the page range from 3-5 pages. You are encouraged to include any graphics or visualizations that help illustrate the project.]
Grant Project Title: __________________________
Grant Project Timeline:

Budget Amount: (List SVCE funding, external grant funding, and any match funding) Partners: (List all project partners)
• …
• …
• …
Targeted Groups: List the groups this project targets (e.g., single-family residential, multi-unit dwellings, commercial/industrial, public agencies, demographic of groups, etc.) Summary (~5-6 sentences, max 200 words)
Provide a brief summary of the grant project and goals.

Project Goals (~2-4 paragraphs, max 300 words)
List the goals and objectives of the project.

Outcomes (~3-5 paragraphs, max 400 words)
• What are the anticipated short-, medium- and long-term outcomes? • What are key metrics of success, and how did you measure success of the project? • What were your agency's challenges during the project, and how did you resolve them? • What were the lessons learned from the project?
Please try to quantify anticipated outcomes where possible – e.g., number of events attended and number of people engaged, materials distributed, potential GHG reductions (direct or indirect), etc. Please attach any additional materials associated with the project if applicable.

Future Plans (~2-5 paragraphs, max 400 words)
• What are your agency’s plans for continuing this work? • What might you do differently in the future for similar projects and what advice might you have for others doing similar projects?
• How can SVCE further support your agency in future grant cycles? Final reports must be submitted with the reimbursement request and sent to Jess Cornejo ([email protected]).

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Silicon Valley Clean Energy
Community Grant Marketing Guidelines

HOW TO USE THIS DOCUMENT
This document is designed to provide guidance for grantees developing communications and marketing materials related to projects receiving Silicon Valley Clean Energy (SVCE) Community Grant funding.

Grantees are responsible for ensuring all branding and related marketing materials, press releases, social media, online assets and communications are consistent with the guidelines in this document. SVCE can require grantees to change and/or remove any material deemed to veer from the following guidelines.

Please share this with marketing, communications, public relations, graphics, and web teams in addition to any staff working on materials that reference SVCE.

Grantee’s Role
• Submit all materials created around the project receiving SVCE grant funding for SVCE review at least one week prior to planned material publication. • If requesting SVCE content support or guidance, please notify SVCE as soon as possible and allow for at least 2 weeks prior to planned publication.

SVCE’s Role
o SVCE will complete a timely review for all materials that relate to SVCE grantfunded projects or reference SVCE programs and resources. o SVCE will support planned press, media, or events around the project.

Key Contacts
If you have questions about your project, funding or timeline, please contact Senior Community Strategies Specialist Jess Cornejo at [email protected].

If you have questions about these guidelines, marketing, public relations, or communications materials about the funded project, please contact Communications Specialist Emily Muniz at [email protected].

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Approved Language
Referring to SVCE:

1. Silicon Valley Clean Energy

2. SVCE (acronym may be used after first spelling out full agency name)

3. SV Clean Energy
Describing SVCE grant funding:

1. “Funding for [title of project that received grant funding] is provided [or partly funded] by the Silicon Valley Clean Energy Community Grants Program.” Sharing SVCE resources:

1. “Explore rebates and incentives to go electric at svcleanenergy.org/offers-services/”

2. “Talk to a trusted energy advisor for FREE at goelectric.svcleanenergy.org/”

3. “Start your journey to go electric with eHub (svcleanenergy.org/ehub/), the Silicon Valley Clean Energy resource that simplifies your switch to all-electric living. Find personalized rebates, incentives, and tips to power your home, car, appliances, and business with clean energy.”

4. Additional resources to share: https://svcleanenergy.org/digital-media-assets/ Optional language to provide information about SVCE:

1. “Silicon Valley Clean Energy is the community choice electricity provider for thirteen communities in Santa Clara County formed to reduce greenhouse gas emissions and fight climate change locally. Silicon Valley Clean Energy provides homes and businesses with clean electricity at competitive rates, reinvests locally through programs and community grants, and accelerates electric technologies through rebates, technical support, and innovative solutions supporting grid-wide resilience.” SVCE Logo Use
Grantees may use the SVCE full logo or SVCE abbreviated logo in marketing materials related to the funded project, but must submit the materials to SVCE for review prior to publication.

The SVCE logo shall not be cropped, rotated, compressed or have the colors changed. If the grantee needs a specific logo not provided (i.e. all-white logo for dark backgrounds), the grantee should contact SVCE with the request.

SILICON VALLEY CLEAN ENERGY MEMBER AGENCY GRANT PROGRAM

AGREEMENT
THIS AGREEMENT is made and effective on the date of last signature below (“Effective Date”) by and between the Silicon Valley Clean Energy Authority (“SVCE”), an independent public agency and (City of Morgan Hill) (“Recipient”) In consideration of the covenants, conditions and undertakings set forth herein, the parties agree as follows:”

1. RECITALS. This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct:

A. SVCE’s Member Agency Competitive Grant Program (“Program”) will provide $3M in grants to member jurisdictions to plan and develop decarbonization demonstration, energy resilience, and engagement projects.

B. Recipient submitted an application for Program funding, attached hereto and incorporated herein as Exhibit A, for a decarbonization demonstration, energy resilience, and engagement projects (“Project”). The scope and estimated budget for the Project are included in Exhibit A.

C. SVCE finds that the use of Grant Funds described herein furthers a public purpose and meets the goals and objectives established for the Program, and desires to award Recipient a one-time grant pursuant to the terms of this Agreement.

2. GRANT. SVCE hereby agrees to provide funding to Recipient in an amount not to exceed [$1,000,000], subject to the provisions of this Agreement (“Grant Funds”). Such Grant Funds shall be disbursed to Recipient on a reimbursement basis. It is agreed and understood that the Grant Amount is a ceiling and that SVCE will only reimburse the allowable cost of services actually rendered as authorized by SVCE at or below the Grant Amount established herein.

3. REIMBURSEMENT OF GRANT FUNDS. Grant Funds shall be reimbursed pursuant to the following process:

A. SVCE shall reimburse Recipient for its actual and reasonable costs of constructing the Project up to the agreed upon Grant Funds.

B. Requests for payment submitted to SVCE shall include: 1) a cover letter in the agency’s letterhead summarizing the project and requested dollar amount for reimbursement 2) an itemized list of all expenditures; and 3) supporting documentation that clearly identifies the expenditure(s) in relation to the scope of the Project set forth in Exhibit A of this Agreement.

Payment requests should be aggregated and submitted after Project completion.

C. SVCE shall process requests for payment and remit payment within 30 days.

D. If, in SVCE’s sole discretion, the request for payment is incomplete, inadequate, or inaccurate, SVCE may dispute the invoice for reasonable cause and hold all or a portion of the payment request until all required information is received or corrected. Any penalties imposed

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on the Recipient by a contractor, or other consequence, because of delays in payment or other breach of the agreement between the Recipient and the contractor are the responsibility of the Recipient and are not reimbursable under this Agreement.

E. Unless otherwise authorized by SVCE in writing, Recipient shall submit all documentation of Project completion, including a final request for payment, within sixty (60) days of Project completion.

F. Final payment of remaining Grant Funds, including any amounts withheld from previous payments, shall be paid up to the total amount of the actual Project cost, not to exceed the Grant Funds amount set forth in this Agreement, upon completion of the Project, receipt of the final report and final request for payment from the Recipient in a form and content satisfactory to SVCE.

4. USE OF GRANT FUNDS. Recipient shall use the Grant Funds to support the Program as set forth in Exhibit A. Any use(s) of Grant Funds not contemplated in this Agreement must be approved in writing by SVCE. This Agreement was awarded to Recipient based on the application submitted by Recipient with the intention that the awarded funds would be used to implement the Project as described in Exhibit A. Any substantive deviation during Project implementation may require reevaluation or result in loss of funding. In no event shall Recipient’s Grant Funds or scope of work be increased. If Recipient knows or should have known that substantive changes to the Project will occur or have occurred, Recipient will immediately notify SVCE in writing. SVCE will then determine whether the Project is still consistent with the overall objectives of the Program and whether the changes would have negatively affected the Project ranking during the Grant evaluation process. SVCE reserves the right to have Grant Funds withheld from Recipient, or refunded to SVCE, due to Recipient’s failure to satisfactorily complete the Project or due to substantive changes to the Project.

5. TERM. This Agreement shall commence on the Effective Date, and shall remain and continue in effect until the final Grant Funds are paid to Recipient, unless sooner terminated pursuant to the provisions of this Agreement. Project completion dates shall not be extended unless SVCE determines, in its sole discretion, that extenuating circumstances justify an extension. Projects must be complete no later than [December 31,2028]

6. REPORTING AND RECORDS. Recipient agrees to cooperate with SVCE and provide requested information, if any, related to the use of Grant Funds and the Project, including for the purposes of SVCE’s evaluation, measurement, and verification activities for the Program.

Recipient will cooperate in good faith with SVCE or its authorized representative in performing evaluation, measurement and verification (EM&V) of the Program. Information accessed for EM&V may include, but is not limited to, onsite verification of Project operation, Program compliance, and Project records, analysis of facility billing metered data, analysis of data collected from facility-owned submetering, and collection of supplementary metered data onsite. All information collected will be held confidentially and will be used by SVCE or its authorized representative for Program analysis purposes only. Recipient is responsible for ensuring, through a separate agreement between Recipient and property owner, that property owner shall cooperate with SVCE to provide any documentation and assist in analysis and provide access to the Project site at reasonable times, during the construction of the Project and for a period of up to two (2) years from the completion of the Project. During the course of the

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Project and for three (3) years thereafter from the receipt of the final Grant Funds, the Recipient agrees to maintain, intact and readily accessible, all communications, data, documents, reports, records, contracts, and supporting materials relating to the Project, as SVCE may require. The Recipient agrees to have financial and compliance audits performed as SVCE may require.

7. LEGAL RESPONSIBILITIES. Recipient shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance under this Agreement. Recipient shall at all times observe and comply with all such ordinances, laws and regulations. SVCE, and its officers and employees, shall not be liable at law or in equity occasioned by failure of Recipient to comply with this Section.

8. PREVAILING WAGES. By accepting the Grant Funds, Recipient as a material term of this Agreement shall be fully responsible for complying with all California public works requirements including but not limited to payment of prevailing wage. Therefore, as a material term of this Agreement, to the extent required by California law, Recipient shall ensure that prevailing wages are paid, that the project budget for labor reflects these prevailing wage requirements, and that the project complies with all other requirements of prevailing wage law, including that Recipient’s subcontractors also comply with all applicable public works/prevailing wage requirements.

9. PROCUREMENT. At minimum, Recipient shall abide by Recipient’s purchasing regulations and policies and all California laws and regulations in procuring goods or services where the costs are eligible for reimbursement under this Agreement.

9. CALIFORNIA PUBLIC RECORDS ACT. Recipient acknowledges that SVCE is subject to the California Public Records Act (Gov. Code § 7920.000 et seq.). SVCE acknowledges that Recipient may submit information to SVCE that Recipient considers to be confidential, proprietary, or trade secret information. Only such information clearly designated in writing as “confidential” shall be deemed “Confidential Information.” Upon request or demand of any third person or entity (“Requestor”) for the production, inspection, and/or copying of Confidential Information, SVCE shall notify Recipient that such request has been made.

Recipient shall be solely responsible for taking whatever legal steps are necessary to protect Confidential Information and to prevent its release to the Requestor. Without limiting SVCE’s right to disclose Confidential Information as may be required by law, if Recipient takes no such action after receiving the foregoing notice from SVCE, SVCE shall be permitted to release information it deems subject to disclosure.

10. NOTICES. Any notices provided under this Agreement must be in writing and may be given either by mail or e-mail to the following addresses:

SVCE:

Silicon Valley Clean Energy Authority 333 W. El Camino Real #330 Sunnyvale, CA 94087
Attention: [email protected]

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RECIPIENT:
[City of Morgan Hill]
[17575 Peak Avenue Morgan Hill, CA
95037 ]
Attention: Chris Ghione, Public Services Director

11. INDEPENDENT CONTRACTOR.

A. Recipient shall at all times remain as to the SVCE a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Recipient shall at all times be under Recipient's exclusive direction and control. Neither SVCE nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of Recipient's officers, employees, or agents except as set forth in this Agreement. Recipient shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the SVCE.

Recipient shall not incur or have the power to incur any debt, obligation or liability whatever against SVCE, or bind SVCE in any manner.

B. No employee benefits shall be available to Recipient in connection with the performance of this Agreement. Except for the fees paid to Recipient as provided in the Agreement, SVCE shall not pay salaries, wages, or other compensation to Recipient for performing services hereunder for SVCE. SVCE shall not be liable for compensation or indemnification to Recipient for injury or sickness arising out of performing services hereunder.

12. INDEMNIFICATION; WAIVER. Recipient shall indemnify, protect, defend and hold harmless SVCE, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which SVCE, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Recipient’s acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement. Recipient expressly waives the provisions of California Civil Code section 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” This Section shall survive the terminate of this Agreement.

13. INSURANCE.

A. On or before the commencement of the term of this Agreement, Recipient shall furnish SVCE with certificates showing the type, amount, class of operations covered, effective dates, and dates of expiration of insurance coverage in compliance with the requirements in this Section. Recipient shall maintain such coverage in full force at all times for the duration of this Agreement, at its sole cost and expense. Nothing herein shall be construed as a limitation on Recipient indemnification obligations under this Agreement.

B. Recipient shall maintain the following minimum insurance coverages:

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1) Workers’ compensation, as required by the State of California; 2) Commercial general liability coverage with minimum limits of $3,000,000 per occurrence and $5,000,000 aggregate for bodily injury and property damage.

ISO occurrence Form CG 0001 or equivalent is required;
3) Comprehensive automotive liability coverage with minimum limits of $1,000,000 per accident for bodily injury and property damage. ISO Form CA 0001 or equivalent is required.

C. Such coverages shall be issued by an insurer(s) licensed to conduct business in the State of California, with a minimum A.M. Best’s Insurance Rating of A:VII unless otherwise approved in writing as satisfactory to SVCE. The Recipient may satisfy its obligations under this Section through self-insurance.

D. The insurance limits required by SVCE are not represented as being sufficient to protect Recipient. Recipient is advised to confer with its insurance broker to determine adequate coverage for Recipient.

14. DEFAULT AND TERMINATION. Should an Event of Default occur, SVCE shall provide a notice of default to Recipient and shall give Recipient at least fifteen (15) calendar days from the date the notice is sent to cure the Event of Default. If Recipient fails to cure the Event of Default within the time prescribed, SVCE may, at SVCE’s sole discretion, withhold Grant Funds not yet disbursed hereunder, require the return or repayment of Grant Funds already disbursed, and/or terminate this Agreement by written notice which shall be effective upon receipt by Recipient. “Event of Default” shall mean the occurrence of any one or more of the following events by Recipient: (a) any false statement, representation, or warranty contained in this Agreement, the Application, or any other document submitted to SVCE; (b) failure to comply with applicable laws; (c) a failure to maintain in effect any policy of insurance required under this Agreement; or (d) a material breach of this Agreement.

15. NON-APPROPRIATION. Recipient acknowledges that SVCE is a public agency. In the event that sufficient funds for the performance of this Agreement are not appropriated by the SVCE Board of Directors in any fiscal year covered by this Agreement, this Agreement may be terminated by SVCE, without penalty, by giving notice to Recipient of such facts and of SVCE’s intention to terminate.

16. NON-WAIVER. Failure to exercise any right the SVCE may have or be entitled to, in the event of default hereunder, shall not constitute a waiver of such right or any other right in the event of a subsequent default.

17. AMENDMENT OF AGREEMENT. No modification, rescission, waiver, release or amendment of any provision of this Agreement shall be made except by a written agreement executed by the Recipient and the SVCE.

18. ASSIGNMENT PROHIBITED. In no event shall the Recipient assign or transfer any portion of this Agreement.

19. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. Any legal action brought under this Agreement must be instituted in the Superior Court of the County of Santa Clara, State of California.

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20. NO THIRD-PARTY BENEFIT. The provisions of this Agreement are for the sole benefit of the parties hereto and confer no rights, benefits, or claims upon any person or entity not a party hereto.

21. SEVERABILITY. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision.

22. RECIPIENT'S AUTHORITY. Recipient represents and warrants that (a) it has the power and authority to enter into this Agreement and to perform its obligations hereunder; (b) the person who executes this Agreement on its behalf has the necessary authority to bind Recipient; and (c) neither the execution and delivery of this Agreement nor the performance of its obligations hereunder will constitute a violation of, a default under, or conflict with any term of any governance documents or other agreements to which it is bound.

23. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be taken together and deemed to be one instrument. Faxed and PDF counterpart signatures are sufficient to make this Agreement effective.

24. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

25. COMMUNICATIONS AND ENGAGEMENT. Recipient agrees that SVCE may use and publicize information and visual materials (photos, videos, etc.) related to this project, including (but not limited to) information and visual materials provided in this application, updates, or follow-up information. Recipient will coordinate in good faith with SVCE on followup activities, such as interviews, outreach coordination, photo or video shoots, requests for additional information, and the design of educational materials and signage related to the project.

Recipient will work with SVCE to schedule all coordination and activities within a determined and mutually agreed-upon time frame and understand that refusal or failure to collaborate on marketing and outreach may result in termination of the funding.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

SILICON VALLEY CLEAN ENERGY AUTHORITY
NAME:

TITLE:

APPROVED AS TO FORM:

NAME:

TITLE:
[City of Morgan Hill]
By:

Name: Christina Turner
Title: City Manager
APPROVED AS TO FORM:

By:

Name: Donald Larkin
Title: City Attorney
[*Note: Signatures of two corporate officers are required for corporations – First signature must be one of the following: 1) the chairman of the board; 2) the president; or 3) any vice president. The second corporate signature must be one of the following: 1) the secretary; 2) any assistant secretary; 3) the chief financial officer; or 4) any assistant treasurer. Signature of Chief Executive is required for public agencies.]

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EXHIBIT A
[Attach Grant Application]

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Competitive Member Agency Grant: Decarbonization Track
Proposal- City of Morgan Hill
Morgan Hill Aquatics Center Community Decarbonization Project

1. The name of the agency, the address of the local office(s), and the email, phone number, and role of each staff member on the project team.

City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037
Phone: 408-779-7271
Project Team
Christina
Turner City
Manager 408-
776-7382
[email protected]
v
Role- Authorized Signatory
Chris Ghione
Assistant City Manager for Public Services
408-782-9154
[email protected]
Role- Project Oversight
Keri Russell
Maintenance Services Coordinator
408-310-4057
[email protected]
Role-Maintenance Manager
Nichole Martin
Community Services Supervisor
408-310-4694
[email protected]
v Role- Communications Manager
Corey Moralez
Facilities Maintenance Specialist
408-310-4302
[email protected]
Role- Maintenance Specialist

2. One paragraph summary of the proposal with the amount requested.

The purpose of the project is to initiate the process of converting the Morgan Hill Aquatics Center to allelectric operations. The proposed project will be the first phase of decarbonization for the facility. The City plans to convert two of the Aquatic Center smaller pools, and other water heating units within the facility (locker rooms, restrooms, and kitchen), from gas fired heating to electric, as well as plan for the future electrification of the larger pool. In order to complete the desired changes noted, the City will be required to increase the capacity of the electric service available to the site. To accommodate this increased need, the project scope includes a proposal to add New 1600A 480V 3 Phase electrical service infrastructure to the facility. This addition is capable of providing both the necessary power for the proposed conversion to electric heating for this project phase, as well as the future phase of conversion

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anticipated for the large pool. Project scope also includes the creation and redesigning of outdoor facility space to house replacement air source heat pump units (3-5), as well as accommodating the relocation

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of other infrastructure associated with the project (sidewalk, EV charging). Lastly, the City would look to replace existing kitchen appliances with electric, add variable frequency drives (VFD’s) for the three pool pumps, and convert all lighting to LED fixtures. To implement these decarbonization efforts, the City is requesting consideration of $1,000,000 of grant funding through the current Competitive Member Agency Grant-Decarbonization Track program opportunity.

3. Describe the value of the project and how it supports your agency's greenhouse gas reduction goals or climate action goals. Why was it selected? What are you hoping to learn from the project? How will the project deliver immediate decarbonization and/or resilience benefits? How will it deliver/influence long-term decarbonization and/or resilience goals? Quantify the impacts, if possible, and discuss the more qualitative impacts.

The City sees this project as an initial step in the larger goal of converting the entire Aquatic Center to an all-electric facility. The City’s selection of this proposal supports the CAP goal of converting all municipal buildings to all-electric by 2035 and reducing Morgan Hill’s net carbon dioxide emissions in the building and transportation sectors by 35% below the 2020 baseline level by 2030, and 100% below the 2020 baseline level by 2045.

This proposed project will be the first phase of decarbonization for the facility. The City is currently working with consultants which have not yet encountered available technology to fully convert the largest of the pools (780,000-gallon Competition Pool) to electric. However, the project includes provisions for further planning and design to ultimately achieve that improvement. The project proposal does include the conversion of the two smaller pools and other water heating components within the facility to electric at this time. The conversion for the smaller pools includes the installation of 3-5 new heat pump units to replace the two existing gas units (depending upon units selected). To assure adequate functionality, the City is proposing a gas heating unit remains in place initially as a backup for one of the two pools converted to gas, to ensure the sizing of the heat pump units meets facility needs during the very cold winter months.

This gas-powered unit would be removed after 3 years, should no issues with winter month heating occur.

Due to these complexities and considerations, the City felt that this phased approach to electrification of the facility was the most effective and efficient means of achieving immediate decarbonization benefits and achieving meaningful progress towards climate change mitigation targets within the CAP.

The table below summarizes the projected positive quantitative impacts associated with the project.

Conversion Component
Annual
Energy
Savings
LED Lighting Upgrade 73,000 kWh
VFD’s for Pools 200,000 kWh
Kitchen Electrification 50 th
Heat Pumps and Electrical Upgrade 22,000 th*
* The project will also supportthe infrastructure towards full electrification that will save an estimated 90,000 therms annually.

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From a qualitative perspective, electrification of the Aquatic Center offers benefits that can enhance its functionality, sustainability and overall community impact. Some of the key advantages include:
• Environmental Sustainability- contributing to reductions in greenhouse gas emissions and air pollution.
• Community Perception and Education Impact- serving as a role model for sustainability and showcasing the City’s commitment to innovative and environmental responsibility.

Establishing opportunities to educate the community about energy, sustainability and transition to climate friendly energy alternatives.
• Energy Efficiency- electric technologies being more efficient than fossil fuel counterparts will result in enhanced energy performance, lower energy consumption, and reduced operating costs for the facility.
• Long term Resilience and Adaptability- electrification of the facility will help to stay aligned with current energy technologies and help to ease required adaptations in the future.

These benefits will be both immediate and long-term in nature. Given the phased approach to the electrification of the facility, the City anticipates increased quantitative and qualitative benefits for years to come. This initial phase will provide great insight for the City from lessons learned through the implementation. These lessons learned will help to identify key measures of success and opportunities for continuous improvements in future phases of the project.

4. Full description of the community engagement plan detailing how the project will benefit and educate the community. This plan should include approximate details on the intended signage, interpretive information, and/or hosted events that will be a part of the project. Who will benefit from the project? What communication tools will you leverage for the project? What metrics will you use to measure success? Community Engagement Plan
The City plans a significant communications effort for the project, both locally and regionally, occurring during all phases of the implementation (ahead, during and following construction). Outreach will include.
- Internal and External Displays at the facility.
o The Morgan Hill Aquatics Center is a premier competitive swim venue in the region hosting dozens of major swim meets a year bringing many people from across the County, State and Western United States.
o The facility also hosts Recreation Swim which brings thousands of visitors daily from across the County and adjacent Monterey and San Benito Counties during the summer months.
o Recent data has shown that the site receives over 400,000 visits per year.

This high rate of attendance provides for enhanced outreach opportunities through increased interaction and visibility through not only daily attendance, but also through the many hosted events available at the facility.

The City sees these visuals displays as powerful tools for informing and inspiring, with the

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potential to educate the public on the benefits of electrification and demonstrate the concept with relevant examples.
- Communications and stories in City Publications
o The City commitsto creating an informational website for the project that will be shared in numerous City publications.
o City’s email newsletter
o City’s Parks and Recreation email newsletter
o Social media posts
This outreach helps to inform Morgan Hill residents about the City’s goals and strategies in working towards carbon neutrality. As indicated in the Morgan Hill 2021 Climate Action Plan (CAP), the City’s goal is to convert all municipal buildings to all-electric by 2035. The information shared through these communication channels will educate the community on the importance of building electrification in terms of public health and environmental sustainability, as well as describe how the project is a significant contribution towards reaching our goals and reducing greenhouse gas emissions.

Hosted training and regional events
o The City commits to providing guided tours for any agencies interested in visiting the site during construction and after completion.

The tours will serve as a powerful educational tool by showcasing sustainable practices and energy efficiency in a real-world demonstration of how building decarbonization is implemented. This will build awareness and understanding of the strategies behind building electrification, the significance of utilizing heat pumps, and the means for reducing operational carbon at the facility. It also serves to demonstrate the City’s commitment to promoting green building practices and taking positive action steps toward achieving the goals established in the CAP.

The project is intended to support and benefit all members of our community. With the implementation of the CAP, the City is looking for holistic and equitable solutions that include emissions reductions and provide meaningful building improvements and protections for our residents. The benefits of decarbonization for our community are seen through the lens of mitigating the adverse effects of climate change, and promoting a healthy, more environmentally sound environment for everyone to enjoy.

Success with the engagement plan will be measured through several means such as total number of people attending and participating with planned outreach activities, social media analytics, website traffic analysis, and feedback from the community through surveys and interactions. Ultimately, it is our community working together with a shared vision that will help to achieve the desired decarbonization goals of the CAP in working toward mitigating climate change and creating a resilient future for Morgan Hill.

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Representation of Aquatics Center Electric Pool Heating Displays External Display Location Internal Display Location
Typical Event Activity
Typical Event Activity

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5. A detailed budget table of the project’s activities and how SVCE’s funding will be used. Please list any external grants and in-kind resources that will be used for the project. There is no matching contribution required.

Budget Item Cost SVCE Grant City Match
LED Lighting Upgrade $200,000 $0 $200,000
VFD’s for Pools $90,000 $0 $90,000
Kitchen Electrification $2,000 $0 $2,000
Heat Pumps and Electrical
Upgrade
$1,200,000 $1,000,000 $200,000
Total Cost $1,492,000 $1,000,000 $492,000
Note: All costs less potential PGGE Utility Incentives.

As noted, SVCE’s funding will be utilized for the costs associated with the purchase and installation of the heat pumps, along with the costs associated with the required electrical upgrade. While no matching contribution is required, the City will provide funding for project costs which exceed the amount requested through the grant, to come from City funds allocated in the City’s Building Replacement Fund and General Fund.

6. Project work plan and timeline. The work plan must include details on how the agency will manage the project and operationalize the end product, if applicable.

Morgan Hill Aquatics Center Community
Decarbonization Project
Start Date End Date
Action Item Project Schedule
Grant Agreement Established 4/25/2025 6/30/2025
RFP-Energy Management Consultant 6/30/2025 8/31/2025
Selection-Energy Management Consultant 8/31/2025 1/31/2026 Design completion- Management Consultant 1/31/2026 9/30/2026 Procurement of Equipment 7/31/2026 7/31/2027
Community Engagement* 5/31/2027 12/31/2028
Construction 1/31/2027 1/31/2028
Completion of Construction-Punchlist Items 1/31/2028 5/31/2028 Finalization of Grant Agreement 5/31/2028 7/31/2028
* Community Engagement to continue after grant completion

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7. The organization’s demonstrated capacity to complete the project, including a history of project management, community engagement, and grant management.

The City of Morgan Hill has considerable experience with effective management of grant funded projects, including aspects related to implementation, reporting, and completion requirements. The management team complies with the City of Morgan Hill’s Finance Department’s Grant Policy and Procedure guidelines of 2018 and are subject to audit review as applicable.

Morgan Hill currently has several executed grant agreements with SCVE through its Community Grant Resilience Program, Community Decarbonization Engagement Grant, and Community Decarbonization Demonstration Grant. These projects are all nearing completion and/or have reached completion with implementation of a new battery energy storage system at the City’s Centennial Recreation Center, the employment of decarbonization efforts through electrification for the newly built fire station, and the Morgan Hill Climate Action Plan (CAP) Outreach and Engagement program. Coordination with the SVCE grant project team has been very effective, with resulting outcomes that benefit the environmental, physical, and social health of our community.

The City actively engages in numerous grant funding opportunities to support City resources and promote solutions for the various needs of our community. Recent grant engagements include the development of numerous pedestrian and bike trails and pathways within the City to promote not only environmental benefits, but public health, economic and transportation benefits, and recreational opportunities.

Several grant-funded trailways, including the Madrone Channel Trail, Butterfield Boulevard Pathway, and the West Little Llagas Trail have been completed and opened to the public. These efforts involved multiple grant agreements with various different agencies, and all were executed successfully.

Additionally, the City currently has two grant agreements with the California Department of Water Resources through the Urban Community Drought Relief Grant Program providing $6M in grant funding for projects to enhance the City’s water system. One of these projects will address the need for critical storage requirements and the other will address groundwater recharge through stormwater retention. These projects will help attain the broader City objectives of assuring: 1) water quality, health and safety for our community, 2) system reliability and adequacy, 3) cost and affordability for our ratepayers, and 4) water resource sustainability. While still in process, we look forward to the successful completion of these grant funded projects in the near future.

An excellent example of community engagement can be demonstrated with the SVCE grant funding previously awarded to the City of Morgan Hill for implementation of the Climate Action Plan (CAP) Outreach and Engagement Project (Project). The Project enabled the City to implement the public outreach and engagement component of its CAP (December, 2021) which concentrates on reduction of greenhouse gas emissions (GHGs) through the building and transportation sectors. During the course of the grant, the City established and implemented Clean Air Week, partnered with existing campaigns and community groups, completed surveys, engaged in social media, established an Induction Cooktop Loaner Program, held booths, completed a cooking demo using induction technology, and more. The ultimate goal of the project was to engage with the community to generate discussion, interest and presence around the topics of decarbonization and climate change.

Also worth noting is that the City has developed a strong relationship with PG&E through various capital project work and as a customer. This relationship and understanding of the PG&E permitting and processing of service upgrades will help to ensure project completion in a timely manner.

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8. Proposed modifications to the Grant Agreement terms. Modification of the contract terms may be proposed by the Applicant for consideration by SVCE but are not guaranteed to be accepted. Rejection of the final terms from SVCE is grounds for disqualification.

No proposed modifications.

SVCE expects grant-supported projects to participate in SVCE administered demand flexibility programs. If SVCE offers an applicable program at the time of project installation that benefits both parties, the grant recipient will authorize enrollment of the grant-funded project in SVCE’s demand flexibility program, provided that a) there are no additional costs for the customer, and b) load shedding or shifting is automated through SVCE’s demand flexibility program.

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EXHIBIT B
[Member Agency
Guiding
Documents]

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SVCE Member Agency Grant: Decarbonization Track
Reimbursement Guidance
Reimbursement Overview
• The following activities must be completed before requesting reimbursement:
o Construction
o Community engagement activities as listed in your grant application o Marketing activities such as press release, photos, construction videos, and interviews with city staff for SVCE spotlight video
• The reimbursement request must be submitted with the final report • If the reimbursement request or final report is missing information, SVCE will notify the grantee to resolve before processing
• When possible, try to compile documents in a single PDF file • Reimbursement will be delivered as a physical check
Key Items for Reimbursement Packet
• Cover letter on agency letterhead with a summary of the project, date, grant reimbursement amount, and signature from authority (e.g., Department Director, City Manager) • Accounts payable information such as official name and invoicing address • All applicable project invoices
• Itemized list of expenditures and invoices listing SVCE’s applied grant funds • Photos, videos, and any publications related to the project • Reimbursement requests and questions can be sent to Jess Cornejo ([email protected])

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SVCE Member Agency Grant: Decarbonization Track
Final Report Outline
[Guidance for grantees: This document is meant to present a high-level summary of the grant project for easy consumption by a general audience. Please use non-technical language, define acronyms, and limit the page range from 3-5 pages. You are encouraged to include any graphics or visualizations that help illustrate the project.]
Grant Project Title: __________________________
Grant project Timeline:

Budget Amount: (List SVCE funding, external grant funding, and any match funding) Partners: (List all project partners)
• …
Targeted Groups: List the groups this project targets (e.g., single-family residential, multi-unit dwellings, commercial/industrial, public agencies, demographic of groups, etc.) Summary (~5-6 sentences, max 200 words)
Provide a brief summary of the grant project.

Project Goals (~2-4 paragraphs, max 300 words)
List the goals and objectives of the project.

Outcomes (~3-5 paragraphs, max 400 words)
• What are the anticipated short-, medium- and long-term outcomes? • What are key metrics of success, and how did you measure success of the project? • Any notable improvements and differences in the site before and after building upgrades? • What were your agency's challenges during the project, and how did you resolve them? • What were the lessons learned from the project?
Please try to quantify anticipated outcomes where possible – e.g., number of events hosted at the site and number of people engaged, materials distributed, number and type of permits pulled for the project, improved building features, potential GHG reductions (direct or indirect), etc. Please attach any additional materials associated with the project if applicable.

Future Plans (~2-5 paragraphs, max 400 words)
• Is the project completely finished? If not, what are your agency’s plans for continuing this work?
• What special maintenance activities are planned for the demonstration project? • What might you do differently in the future for similar projects, and what advice might you have for others doing similar projects?
• How can SVCE further support your agency in future grant cycles? Final reports must be submitted with the reimbursement request and can be sent to Jess Cornejo ([email protected]).

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Silicon Valley Clean Energy
Community Grant Marketing Guidelines

HOW TO USE THIS DOCUMENT
This document is designed to provide guidance for grantees developing communications and marketing materials related to projects receiving Silicon Valley Clean Energy (SVCE) Community Grant funding.

Grantees are responsible for ensuring all branding and related marketing materials, press releases, social media, online assets and communications are consistent with the guidelines in this document. SVCE can require grantees to change and/or remove any material deemed to veer from the following guidelines.

Please share this with marketing, communications, public relations, graphics, and web teams in addition to any staff working on materials that reference SVCE.

Grantee’s Role
• Submit all materials created around the project receiving SVCE grant funding for SVCE review at least one week prior to planned material publication. • If requesting SVCE content support or guidance, please notify SVCE as soon as possible and allow for at least 2 weeks prior to planned publication.

SVCE’s Role
o SVCE will complete a timely review for all materials that relate to SVCE grantfunded projects or reference SVCE programs and resources. o SVCE will support planned press, media, or events around the project.

Key Contacts
If you have questions about your project, funding or timeline, please contact Senior Community Strategies Specialist Jess Cornejo at [email protected].

If you have questions about these guidelines, marketing, public relations, or communications materials about the funded project, please contact Communications Specialist Emily Muniz at [email protected].

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Approved Language
Referring to SVCE:

1. Silicon Valley Clean Energy

2. SVCE (acronym may be used after first spelling out full agency name)

3. SV Clean Energy
Describing SVCE grant funding:

1. “Funding for [title of project that received grant funding] is provided [or partly funded] by the Silicon Valley Clean Energy Community Grants Program.” Sharing SVCE resources:

1. “Explore rebates and incentives to go electric at svcleanenergy.org/offers-services/”

2. “Talk to a trusted energy advisor for FREE at goelectric.svcleanenergy.org/”

3. “Start your journey to go electric with eHub (svcleanenergy.org/ehub/), the Silicon Valley Clean Energy resource that simplifies your switch to all-electric living. Find personalized rebates, incentives, and tips to power your home, car, appliances, and business with clean energy.”

4. Additional resources to share: https://svcleanenergy.org/digital-media-assets/ Optional language to provide information about SVCE:

1. “Silicon Valley Clean Energy is the community choice electricity provider for thirteen communities in Santa Clara County formed to reduce greenhouse gas emissions and fight climate change locally. Silicon Valley Clean Energy provides homes and businesses with clean electricity at competitive rates, reinvests locally through programs and community grants, and accelerates electric technologies through rebates, technical support, and innovative solutions supporting grid-wide resilience.” SVCE Logo Use
Grantees may use the SVCE full logo or SVCE abbreviated logo in marketing materials related to the funded project, but must submit the materials to SVCE for review prior to publication.

The SVCE logo shall not be cropped, rotated, compressed or have the colors changed. If the grantee needs a specific logo not provided (i.e. all-white logo for dark backgrounds), the grantee should contact SVCE with the request.

10 CITY COUNCIL STAFF REPORT
MEETING DATE: June 18, 2025
PREPARED BY:

Chris Ghione, Public Services Director
Cynthia Iwanaga, Management Analyst
APPROVED BY: City Manager

AWARD COUNCIL CHAMBER BUILDING ROOF REPLACEMENT

PROJECT

RECOMMENDATION(S)

1. Award contract to Diablo Roofing, Inc. in the amount of $392,200; and

2. Authorize the expenditure of contingency funds in an amount not to exceed $78,440; and

3. Authorize the City Manager to execute and administer the construction contract with Diablo Roofing, Inc.

COUNCIL PRIORITIES, GOALS & STRATEGIES
2024-2025 Strategic Priorities
Fiscal Sustainability
REPORT NARRATIVE:

The purpose of this item is to present the Council with an opportunity to review and consider the award of a contract to Diablo Roofing, Inc. in the amount of $392,200 to remove and replace the original 60-year old roof on the Council Chamber Building. The Council Chamber Building was built in 1973, and since then there have been several roof repairs and reconfigurations, including 1987 (the breezeway between the two original buildings was enclosed), 1993 (roof further reconfigured), and 2013 (Council Chamber reconfigured). Group 7 Consultants, a design and waterproofing consultant, was hired in January 2025 to assist staff with the development of the scope of work.

The current scope of work will include rehabilitation of all three roof areas, including the roof tiles along the steep-sloped roof including the mansard roof, the central low-sloped roofing area and the two equipment wells on the north and south sides of the building.

Group 7 Consultants and City staff specified S-tiles to replace the current cap and pan roof tiles because they are more cost-efficient, easier to maintain, and will be better able to withstand weather conditions, making the tiles safer over the life of the roof than the cap and pan tiles. The tiles will closely match the existing roof and the appearance will closely mirror the existing tile roof with only a slight variation in the type of tile. It is anticipated that the City Hall/Development Services Center building's roof will also be replaced with the same S-tiles in the next ten years.