Morgan Hill City Council
December 17, 2025

City Council
Special/Regular Meeting Agenda
Mark Turner - Mayor
Marilyn Librers - Mayor Pro Tem
Soraida Iwanaga - Council Member
Yvonne Martínez Beltrán - Council Member
Miriam Vega - Council Member
Wednesday, December 17, 2025
5:00 p.m. Closed Session
6:00 p.m. Regular Session
Council Chamber Building
17555 Peak Avenue, Morgan Hill, CA 95037
Morgan Hill City Council meetings are held in person with the option for the public to attend in-person or participate by teleconference/video conference. Information on how the public may observe and participate in the meeting is below.

MEETING PARTICIPATION
Morgan Hill City Council meetings are held in person. The community may attend in person or via Zoom (video/teleconference). The meetings are also live-streamed on the City’s website and Facebook page.

As a courtesy, and technology permitting, members of the public may attend online.

However, the City cannot guarantee that the public’s access to online technology will be uninterrupted, and technical difficulties may occur from time to time. Unless required by the Ralph M. Brown Act, the meeting will continue despite technical difficulties for participants using the online option.

Those wishing to participate in the meetings remotely must register in advance at https://bit.ly/CityCouncilZoomRegistration. Additionally, Zoom participants must be running the latest version or will be required to update to the latest version before being able to join the meeting remotely.

Remote participation is also available by calling (669) 900-9128 and entering webinar id: 873 3200 8380#. Dial *9 to raise your hand, and be called upon to speak for up to 3

December 17, 2025
2 minutes. Dial *6 to unmute.

PUBLIC COMMENT
Public comment may be offered verbally at the meeting or in writing before the meeting.

Public comment is limited to three minutes, but the Mayor may adjust time limits for individual or total comments while ensuring all viewpoints are heard, encouraging speakers to avoid repetition, and allowing a designated spokesperson for organized support or opposition to present longer if needed.

Those attending remotely may only offer public comment for items on the agenda in one of four categories:
• Consent Calendar
• Other Business
• Public Hearings
• Closed Session
Public comment will be heard from those attending in person first with the submission of a speaker card. Once that is complete, we will move to those on Zoom that have their hand raised. Following public comment from Zoom, we will close the public comment period for that item.

Remote public comment for items not on the agenda will not be accepted.

Written public comment may be submitted to the City Clerk:
• In person at the City Council Meeting;
• Via email to [email protected]; or
• Hand delivered or mailed to the City Clerk at 17575 Peak Avenue, Morgan Hill, CA 95037
Please email your comments to the City Clerk no later than 3:00 p.m. on Tuesday (the day before the City Council meeting) so that your comments can be submitted to the members of the City Council with sufficient time to review them. You may continue to provide written comments up to noon on Wednesday (the day of the meeting), although Council Members may not have sufficient time to review them before the meeting.

Public comments submitted to the City Clerk after noon (12:00 p.m.) the day of the meeting will be provided to the City Council as time allows.

Written comments WILL NOT be read aloud during the City Council Meeting. Please note that written comments are posted on the City's website. It is recommended that you do not include any personal information that you do not want to be posted on the web. Please be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under the applicable law. Communications

December 17, 2025
3 will NOT be edited for redactions and will be printed/posted as submitted.

AMERICANS WITH DISABILITIES ACT (ADA)
In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a disability-related modification or accommodation to participate in this meeting, please contact the City Clerk's Office at (408)779-7259 or by email at [email protected]. Requests must be made as early as possible and at least two full business days before the start of the meeting.

SPECIAL/REGULAR MEETING
A special meeting of the City Council is called at 5:00 p.m. for the purpose of conducting a closed session.

SPECIAL MEETING
5:00 p.m. Closed Session

CALL TO ORDER

ROLL CALL ATTENDANCE

DECLARATION OF POSTING AGENDA

CLOSED SESSION

REAL PROPERTY NEGOTIATIONS
Pursuant to: Government Code Section 54956.8
Property: APN – 81706002
Negotiating Parties: City Manager and Public Services Director Under Negotiation: Price and Terms

CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
Initiation of litigation pursuant to § 54956.9(c)
(Unknown number of cases)
PUBLIC EMPLOYMENT (§ 54957)
Title: City Attorney

OPPORTUNITY FOR PUBLIC COMMENT ON CLOSED SESSION

ADJOURN TO CLOSED SESSION

December 17, 2025
4 REGULAR MEETING
6:00 p.m.

SILENT INVOCATION

PLEDGE OF ALLEGIANCE

RECOGNITION
Summer Brown

PRESENTATION
YAC Presentation - Developmental Asset #1: Family life provides high levels of love and support.

Friends of the Senior Center Donation

CITY COUNCIL REPORT
Mayor Turner

OTHER REPORTS

CITY MANAGER'S REPORT

CITY ATTORNEY'S REPORT

PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA
This opportunity for public comment is for items that are not on the agenda. If you would like to make comments on an item that is on the agenda, please wait until we get to that item to offer your comments. Members of the public are entitled to address the City Council concerning any item within the Morgan Hill City Council’s subject matter jurisdiction. Public comments are limited to no more than three minutes. Except for certain specific exceptions, the City Council is prohibited from discussing or taking action on any item not appearing on the posted agenda. Public comment is intended for comments. Questions posed during public comment are not generally answered. If you have questions, please send them to the City Clerk at [email protected] to receive a response. (See additional noticing at the end of this agenda)

December 17, 2025
5 ADOPTION OF AGENDA

CONSENT CALENDAR
Items appearing on the Consent Calendar are considered routine and may be approved by one motion. Pursuant to City Council Policies and Procedures (CP 97-01), any member of the Council or public may request to have an item removed from the Consent Calendar for comment and action.

1. ACCEPT $40,000 DONATION FROM THE FRIENDS OF THE MORGAN HILL

SENIOR CENTER
Recommendation:

1. Accept $40,000 donation from the Friends of the Morgan Hill Senior Center to support services at the Centennial Recreation Senior Center; and

2. Authorize the City Manager to execute any agreements necessary for donation acceptance.

2. ACCEPTANCE OF COUNCIL CHAMBER BUILDING ROOF REPLACEMENT

PROJECT
Recommendation:

1. Accept as complete the Council Chamber Building Roof Replacement Project;

2. Authorize the Public Services Director to sign the Notice of Completion; and

3. Direct the City Clerk to file said Notice of Completion with the County Recorder's Office.

3. APPROVE SECOND AMENDMENT TO DESIGN CONSULTANT
AGREEMENT WITH VERDE DESIGN FOR $16,000 FOR ADDITIONAL

UNANTICIPATED SERVICES ASSOCIATED WITH THE BUTTERFIELD

PARK CONSTRUCTION
Recommendation:

Authorize the City Manager to execute and administer an amendment to the design consultant agreement with Verde Design for the design of the Butterfield Park Site for an additional $16,000.

4. APPROVE IMPROVEMENT AGREEMENT AND SUBSEQUENT

DEVELOPMENT REIMBURSEMENT AGREEMENT FOR THE TENNANT -
TEN SOUTH ACQUISITIONS PROJECT LOCATED AT 740 TENNANT
AVENUE WITH ASSESSOR'S PARCEL NUMBER (APN) 817-08-032
Recommendation:

December 17, 2025
6 1. Approve an Improvement Agreement with 740 Tennant LP;

2. Approve a Subsequent Development Reimbursement Agreement with 740 Tennant LP; and

3. Authorize the City Manager to execute the Improvement Agreement and Subsequent Development Reimbursement Agreement.

5. APPROVE THE DECEMBER 3, 2025 CITY COUNCIL MEETING MINUTES Recommendation:

Approve the December 3, 2025 City Council Meeting Minutes.

6. APPROVE A SERVICE AGREEMENT WITH CATHOLIC CHARITIES OF

SANTA CLARA COUNTY FOR SOUTH COUNTY YOUTH TASK FORCE
YOUTH SUPPORT SERVICES FOR A TOTAL AMOUNT OF $135,531
Recommendation:

1. Authorize the City Manager to execute, administer, and further negotiate an agreement with Catholic Charities of Santa Clara County in the amount of $135,531 for the provision of youth support services in association with the South County Youth Task Force;

2. Authorize the City Manager to extend this agreement for two additional one year terms should funding be available and appropriated within future fiscal year budgets;

3. Authorize the City Manager to execute, negotiate, and administer any required agreements with the Morgan Hill Unified School District to receive funding for services associated with the South County Youth Task Force; and

4. Adopt a resolution amending the FY 2025/26 Operating Budget to increase revenue and expenses by $40,000 in the General Fund.

7. APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE AND

ADMINISTER A SECOND AMENDMENT TO THE AGREEMENT WITH
SOLUTIONZ, INC., EXTENDING THE TERM OF THE AGREEMENT TO JUNE 30, 2026
Recommendation:

Approve and authorize the City Manager to execute and administer a second amendment to the Agreement with Solutionz, Inc., extending the term of the agreement to June 30, 2026.

8. APPROVE MEMORANDUM OF UNDERSTANDING (MOU) WITH MORGAN

HILL POLICE OFFICERS' ASSOCIATION (POA) AND CORRESPONDING

SALARY SCHEDULES, AND APPROVE MANAGEMENT, PROFESSIONAL,

AND CONFIDENTIAL EMPLOYEES RESOLUTION AND CORRESPONDING

December 17, 2025
7 SALARY SCHEDULES, AND PART-TIME TEMPORARY AND SEASONAL

EMPLOYEES SALARY SCHEDULE
Recommendation:

1. Approve a Memorandum of Understanding (MOU) with POA effective December 21, 2025 - December 31, 2028 and corresponding salary schedules;

2. Approve the Management, Professional, and Confidential Employees Resolution effective December 21, 2025 and corresponding salary schedules; and

3. Approve the Part-Time Temporary and Seasonal Employees salary schedule effective December 21, 2025.

9. AWARD LANDSCAPE MAINTENANCE SERVICE AGREEMENT TO

MEDALLION LANDSCAPE MANAGEMENT, LLC FOR CITY PARKS

MOWING, STREET MEDIANS, AND DOWNTOWN
Recommendation:

1. Award a Maintenance Service Agreement to Medallion Landscape Management, LLC in the amount of $379,392 for an initial two-year term ($189,696 annually) to service Group 1: Park Mowing at City Parks; Group 3: Street Medians, Streetscapes, and Parking Lots; and Group 6:

Downtown Area; and extra services;

2. Authorize the City Manager to extend the service agreement up to an additional three years subject to future annual budget appropriations by the City Council for a total term of five years; and

3. Authorize the City Manager to execute and administer said Agreement.

10. RECEIVE MONTHLY BUDGET UPDATE AND OCTOBER 2025 FINANCIAL

AND INVESTMENT REPORTS
Recommendation:

Receive and file reports.

OTHER BUSINESS

11. REVIEW AND APPROVE DESIGN OF A PROPOSED DOWNTOWN

GATEWAY ARCH BY THE DOWNTOWN MORGAN HILL IMPROVEMENT

DISTRICT (DMHID)
Recommendation:

Review and approve the design of a Downtown Gateway Arch as proposed by the Downtown Morgan Hill Improvement District.

December 17, 2025
8 12. RECEIVE REPORT REGARDING MORGAN HILL POLICE DEPARTMENT'S

CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND

TRAINING MANAGEMENT STUDY
Recommendation:

Accept the report of Morgan Hill Police Department's California Commission on Peace Officer Standards and Training Management Study.

13. ADOPT PUBLIC ART MASTER PLAN
Recommendation:

Adopt the 2025 Public Art Master Plan.

FUTURE COUNCIL INITIATED AGENDA ITEMS
Note: in accordance with Government Code Section 54954.2(a), there shall be no discussion, debate and/or action taken on any request other than providing direction to staff to place the matter of business on a future agenda.

ADJOURNMENT

December 17, 2025
9 NOTICE
Any documents produced by the City and distributed to the majority of the City Council less than 72 hours prior to an open meeting, will be made available for public inspection at the City Clerk’s Counter at City Hall located at 17575 Peak Avenue, Morgan Hill, CA, 95037 and at the Morgan Hill Public Library located at 660 West Main Avenue, Morgan Hill, California, 95037 during normal business hours. (Pursuant to Government Code 54957.5)

PUBLIC COMMENT
Members of the Public are entitled to directly address the City Council concerning any item described in the notice of this meeting during consideration of that item. If you wish to address the Council on any item on this agenda, please complete a speaker request card located in the foyer of the Council Chambers and deliver it to the Minutes Clerk before the City Council discussion on the item. You are not required to give your name on the speaker card to speak to the Council, but it is very helpful. When you are called, proceed to the podium, and the Mayor will recognize you. If you wish to address the City Council on any other item of interest to the public, you may do so during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less.

Please submit written correspondence to the Minutes Clerk, who will distribute correspondence to the City Council.

Persons interested in proposing an item for the City Council agenda should contact a member of the City Council who may request an item on the agenda for a future City Council meeting. Council discussion or action may not be taken until your item appears on an agenda. This procedure is in compliance with the California Public Meeting Law (Brown Act) Government Code §54950.

City Council Policies and Procedures (CP 03-01) outlines the procedure for the conduct of public hearings.

Notice is given, pursuant to Government Code Section 65009, that any challenge of Public Hearing Agenda items in court, may be limited to raising only those issues raised by you or on your behalf at the Public Hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to the Public Hearing on these matters.

The time within which judicial review must be sought of the action by the City Council, which acted upon any matter appearing on this agenda is governed by the provisions of Section 1094.6 of the California Code of Civil Procedure.

For a copy of City Council Policies and Procedures CP 97-01, please contact the City Clerk’s office (408) 779-7259, (408) 779-3117 (fax) or by email [email protected].

December 17, 2025
10

1 CITY COUNCIL STAFF REPORT
MEETING DATE: December 17, 2025
PREPARED BY:

Chris Ghione, Public Services Director
APPROVED BY: City Manager
ACCEPT $40,000 DONATION FROM THE FRIENDS OF THE MORGAN

HILL SENIOR CENTER

RECOMMENDATION(S)

1. Accept $40,000 donation from the Friends of the Morgan Hill Senior Center to support services at the Centennial Recreation Senior Center; and

2. Authorize the City Manager to execute any agreements necessary for donation acceptance.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Supporting our Youth, Seniors, and Entire Community
2024-2025 Strategic Priorities
Fiscal Sustainability
Transportation
Guiding Documents
Bikeways, Trails, and Recreation Master Plan
REPORT NARRATIVE:

For several years, the Friends of the Morgan Hill Senior Center has supported operations at the Centennial Recreation Senior Center (Center) through annual financial donations to the City. Those donations are used to offset costs for the Center. The donation typically includes support for staffing and program costs at the Center and allows a higher level of service than what would be provided by City funds alone.

Additionally, past donations have supported specific programs.

The current donation will help to support regular operations and, additionally, it will support the ongoing support for transportation services for older adults such as the City's volunteer driver program. The Center provides a welcoming space for seniors to stay healthy, active, engaged, and connected. Additionally, the Center facilitates on-site social services to support seniors and coordinates transportation for older adults in our community. Reliable transportation remains a top priority, supporting mobility and

1 independence. These operational funds help cover essential supplies and staff support to keep these programs thriving.

The Friends of the Morgan Hill Senior Center was established in 2011 with the primary purpose of raising funds to support Senior Center operations. “Friends”, a group of more than 40 community volunteers, host the ongoing Tuesday night Bingo at the Community and Cultural Center as its primary fundraising activity. When the City took on the management of the Senior Center in 2015, the Friends estimated that funding of $20,000 per year would be available to support the City’s operation of the Center and have funded at that level or higher every year except FY 2020-21. Financial sustainability continues to be a focus area for the Senior Center in partnership with the Friends.

COMMUNITY ENGAGEMENT:

None.

The Friends reached out directly to City staff to coordinate this donation. The City continues to recognize the Friends' contributions at the Senior Center and publicly when receiving donations.

ALTERNATIVE ACTIONS:

The City Council could choose not to accept the donation.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The City Council has accepted donations annually from the Friends with the exception of during FY 2020-21.

FISCAL AND RESOURCE IMPACT:

The $40,000 will be accepted into the General Fund and go to directly offset costs associated with operating the Senior Center.

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.

2 CITY COUNCIL STAFF REPORT
MEETING DATE: December 17, 2025
PREPARED BY:

Chris Ghione, Public Services Director
APPROVED BY: City Manager

ACCEPTANCE OF COUNCIL CHAMBER BUILDING ROOF

REPLACEMENT PROJECT

RECOMMENDATION(S)

1. Accept as complete the Council Chamber Building Roof Replacement Project;

2. Authorize the Public Services Director to sign the Notice of Completion; and

3. Direct the City Clerk to file said Notice of Completion with the County Recorder's Office.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Maintaining and Enhancing Infrastructurena
REPORT NARRATIVE:

On June 18, 2025, the Council Chamber Building Roof Replacement Project was awarded to Diablo Roffing, Inc. in the amount of $392,200 with a construction contingency of $78,440. The project's scope of work included the rehabilitation of all roof areas, including the roof tiles along the steep-sloped roof, the central flat roof and skylights, the central low-sloped roofing area, and the two equipment wells on the north and south sides of the building.

Construction on the project commenced in August 2025 and was completed with the final inspection occurring on November 12, 2025. One change order was approved to improve existing damaged roof drains for $2,766. Staff recommends accepting this project as it is completed in accordance with specifications. Staff further requests and directs the City Clerk to file the Notice of Completion (Attachment 1).

COMMUNITY ENGAGEMENT:

Inform
Before and during construction, City staff and the contractor coordinated all construction activities and provided regular updates to City staff and those utilizing the building.

ALTERNATIVE ACTIONS:

2 Accepting the project in accordance with the contract documents is a required process that enables the City to release any retained funds owed to the contractor, as per California Public Contract Code Section 7107.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The City Council awarded this project to Diablo Roofing, Inc. on June 18, 2025.

FISCAL AND RESOURCE IMPACT:

The authorized amount for this contract is $392,200, and a 20% contingency of $78,440 for a total authorization of $470,640. Only $2,766 of the contingency was utilized. The remaining $75,674 in contingency funds will be returned to Fund 741 - Building Replacement.

CEQA (California Environmental Quality Act):

Categorical Exemption
The activities described in this Staff Report are categorically exempt under CEQA, specifically pursuant to Section 15301 (c) of CEQA Guidelines (Existing Facilities), as the subject work involves the repair, maintenance or minor alteration of existing City facilities involving negligible or no expansion of use of those facilities.

Recording Requested By:

City of Morgan Hill
When Recorded Mail To:

Cynthia Iwanaga
City of Morgan Hill
17575 Peak Ave
Morgan Hill, CA 95037
SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

NOTICE OF COMPLETION
Civil Code §§ 9204 and 9208
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is the agent of the owner of the Project described below.

2. Owner’s full name is City of Morgan Hill (“City”).

3. City’s address is 17575 Peak Ave., Morgan Hill, CA 95037.

4. The nature of City’s interest in the Project is:

X Fee Ownership __ Lessee __ Other:________________________

5. Construction work on the Project performed on City’s behalf is generally described as follows: Removal and replacement of council chamber building roof.

6. The name of the original Contractor for the Project is: Diablo Roofing, Inc. located at 10227 International Blvd., Oakland, CA 94603.

7. The Project was accepted as completed on: December 17, 2025.

8. The Project is located at: the City Council Chamber Building at 17555 Peak Avenue, Morgan Hill, CA 95037.

Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice, and that the facts stated in this notice are true and correct. ________Morgan Hill, CA________ ________________________________ Date and Place Signature
Chris Ghione – Asst. City Manager

EXEMPT FROM NOTARY ACKNOWLEDGMENT REQUIREMENTS PER GOVERNMENT CODE § 27287 AND CIVIL CODE § 9208

CIP Contract Acceptance
Funding Closeout Statement
Project: 2025 Council Chamber Roof Replacement Project
Project No: N/A
Date of Project
Award: 18-Jun-25 Project AwardAmount: $392,200
Funding Source: 741
Contingency
Authorized: $78,440
Date of Project
Acceptance: 17-Dec-25 Total Authorized: $470,640
Actual Base
Contract Spent: $392,200
Change Orders
Description Date
Council Approval
Reqd? (Y/N)
C.O. #1: Replace 3 damaged drains 17-Sep-25 N $2,765.78 Total C.O.: $2,765.78
Additional Appropriations
Source Amount Date
None
Total Construction
Amount (Base
Contract plus
CO's): $394,965.78
Construction Fund Balance: $75,674.22

3 CITY COUNCIL STAFF REPORT
MEETING DATE: December 17, 2025
PREPARED BY:

Chris Ghione, Public Services Director
APPROVED BY: City Manager

APPROVE SECOND AMENDMENT TO DESIGN CONSULTANT
AGREEMENT WITH VERDE DESIGN FOR $16,000 FOR ADDITIONAL

UNANTICIPATED SERVICES ASSOCIATED WITH THE BUTTERFIELD

PARK CONSTRUCTION

RECOMMENDATION(S)
Authorize the City Manager to execute and administer an amendment to the design consultant agreement with Verde Design for the design of the Butterfield Park Site for an additional $16,000.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Supporting our Youth, Seniors, and Entire Community
2024-2025 Strategic Priorities
Healthy Community
Guiding Documents
Bikeways, Trails, and Recreation Master Plan
Economic Blueprint
REPORT NARRATIVE:

The City is currently constructing the new Butterfield Park site. This site will be the home of a new City Park as well as be developed adjacent to a non-profit constructed BMX track. On March 15, 2025, the City Council retained Verde Design to design the park site and support construction management. Recently, PG&E required additional on-site changes, creating an additional design need at the Park site. These changes relate to PG&E requirements to relocate onsite electrical equipment. This amendment will fund this additional design work, including civic and electrical engineering. It will also help to ensure construction support through the remainder of construction, which includes responses to requests for information, submittals, site visits, and punch list report development.

The current project is scheduled to be completed in April 2026.

COMMUNITY ENGAGEMENT:

3 Involve/Collaborate
Through the prior grant process, significant outreach to the community was performed on the design of the site. No outreach has been performed in relation to this contract amendment.

ALTERNATIVE ACTIONS:

The City Council could choose to not fund this redesign work. However, this would leave the City unable to fund the work necessary to complete the project.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

Developing new park and recreation facilities is a central tenet of the Bikeways, Trails, Parks and Recreation Master Plan that the Council adopted in July 2017. The City Council authorized a grant application for development of this park site in July 2019 and again in October 2020. The City Council received an update on the partnership opportunities on August 3, 2022. The Parks and Recreation Commission reviewed this item and recommended moving forward with partnership agreement negotiation on November 15, 2022. On December 7, 2022, the City Council approved moving forward with negotiation of potential partners for the design of the facility. On March 15, 2023 the City Council approved a partnership agreement with the Foundation for a Better Ride/USA BMX to build a BMX track adjacent to the proposed park facility. On March 15, 2023, the Council also approved an agreement with Verde Design to take the conceptual designs to construction documents for bidding. On September 23, 2024, the City Council awarded a construction contract to S&H Construction, Inc. for the construction of Butterfield Park.

FISCAL AND RESOURCE IMPACT:

The current contract with Verde Design totals $296,454. This amendment would increase the contract by $16,000 to a total of $312,454. There is available funding within the project budget (PR1009) to cover this cost, which is funded from from the Park Impact Fund (301) and Quimby Fund (375).

CEQA (California Environmental Quality Act):

Project
An environmental assessment, including an Initial Study and Mitigated Negative Declaration (MND), was prepared for the project by David J. Powers & Associates, Inc. in conformance with CEQA for the initial site plan and uses in 2019. In 2023 an Addendum to the Initial Study and MND was prepared for modifications to the site plan and uses.

1 SECOND AMENDMENT TO AGREEMENT
VERDE DESIGN, INC.

This SECOND AMENDMENT TO AGREEMENT is entered into and becomes effective on ______________________ (Effective Date), by THE CITY OF MORGAN HILL, a municipal corporation, ("CITY") and VERDE DESIGN, INC., a California Corporation ("CONSULTANT"), hereinafter referred to collectively as the “Parties".

RECITALS
The following recitals are a substantive part of this Agreement:

1. This Second Amendment to Agreement is entered into pursuant to the action of the Morgan Hill City Council taken on ___________, ____, 20___.

2. The CITY and CONSULTANT entered into that “CONSULTANT AGREEMENT FOR DESIGN PROFESSIONALS” made as of March 28, 2023, for consultant services for a maximum compensation of Two Hundred Ninety-Six Thousand Four Hundred Fifty-Four Dollars ($296,454.00) (“CONSULTANT AGREEMENT FOR DESIGN PROFESSIONALS”). The CONSULTANT AGREEMENT FOR DESIGN PROFESSIONALS was entered pursuant to the action of the Morgan Hill City Council taken on March 15, 2023.

3. The CITY and CONSULTANT entered into a “First Amendment to Agreement” made as of May 23, 2025, under which the CONSULTANT’S billing rates were revised and the term was extended until June 30, 2026. The CONSULTANT AGREEMENT FOR DESIGN PROFESSIONALS, and the First Amendment thereto are attached as Exhibit “1” to this Agreement.

AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Amendments: All terms and conditions of the CONSULTANT AGREEMENT FOR DESIGN PROFESSIONALS, as amended, as attached as Exhibit "1,” shall remain in full force and effect; except that the following amendments shall be made as set forth below:

A. Paragraph 3 is hereby amended to include the additional services to be performed by CONSULTANT as set forth in Exhibit A-1, “Additional Scope of Services,” hereby incorporated by this reference.

B. Paragraph 4.1 shall be amended to reflect the increased total compensation that shall not exceed Three Hundred Twelve Thousand Four Hundred Fifty-Four Dollars ($312,454.00).

2. 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.

3. Counterpart Signatures. This Agreement may be signed in multiple counterparts, which shall, when executed by all the Parties, constitute a single binding agreement.

2 4. Conflicts. In the event of a conflict between the terms and provisions of this SECOND AMENDMENT to Agreement and the terms and provisions of the CONSULTANT AGREEMENT FOR DESIGN PROFESSIONALS or any earlier amendment, the terms of this SECOND AMENDMENT to Agreement shall govern and control.

TWO SIGNATURES ARE REQUIRED FOR CORPORATIONS:
(1) CHAIRPERSON OF THE BOARD, PRESIDENT, OR VICE PRESIDENT; AND (2) SECRETARY, ASSISTANT SECRETARY, CHIEF FINANCIAL OFFICER, OR ASSISTANT TREASURER.

ATTEST: CITY OF MORGAN HILL
Michelle Bigelow, City Clerk Christina Turner, City Manager Date: Date:

APPROVED AS TO FORM: VERDE DESIGN, INC.

Donald A. Larkin, City Attorney
By:

Date: Title:

Date:

Print Name and Title of Signer.

If Corporate: Chairman, President,
or Vice President
By:

Title:

Date:

Print Name and Title of Signer.

If Corporate: Secretary, Assistant
Secretary, Chief Financial Officer, or
Assistant Treasurer

EXHIBIT A-1

ADDITIONAL SCOPE OF SERVICES
- Design work and coordination with City for the PG&E electrical equipment access new requirements.
- Additional coordination and revision work by Consultant of the electrical design for the location of the PG&E transformer.
- Continued CA support by the Consultant which includes responses to RFIs, submittals, up to (2) site visits, and (1) punch list walk and report, up to the expected construction completion of April 2026.

Docusign Envelope ID: 20DAC785-09DA-42AF-A4F9-A 1 E2A5123401 FIRST_ AMENDMENT TO AGREEMENT
VERDE DESIGN, INC.

This FIRST AMENDMENT TO AGREEMENT is entered into and becomes effective on 5/23/2025 (Effective Date), by THE CITY OF MORGAN HILL, a municipal corporation, ("CITY") and VERDE DESIGN, INC., a California Corporation ("CONSULTANT"), hereinafter referred to collectively as the "Parties".

RECITALS
The following recitals are a substantive part of this Agreement:

1. This First Amendment to Agreement is entered into based upon the authority of the City Manager pursuant to Chapter 3.04 of the Morgan Hill Municipal Code.

2. The CITY and CONSUL TANT entered into that "CONSULTANT AGREEMENT FOR DESIGN PROFESSIONALS" made as of March 28, 2023, for consultant services for a maximum compensation of Two Hundred Ninety-Six Thousand Four Hundred Fifty-Four Dollars ($296,454.00) ("CONSULTANT AGREEMENT FOR DESIGN PROFESSIONALS"). The CONSULTANT AGREEMENT FOR DESIGN PROFESSIONALS is attached as Exhibit "1" to this Agreement.

AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Amendments: All terms and conditions of the CONSULTANT AGREEMENT FOR DESIGN PROFESSIONALS, as attached Exhibit "1," shall remain in full force and effect; except that the following amendments shall be made as set forth below:

A. Paragraph 2 shall be amended and replaced in its entirety by the following:
"2. Term of Agreement. This Agreement shall be effective and cover services rendered from March 28, 2023, until June 30, 2026. 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. Any such extension shall be in writing and signed by both parties to this Agreement."
B. Paragraph 4.1 and Paragraph 4.2. shall be amended to have all references to "Exhibit B" be updated to reference the revised rates and basis set forth in Exhibit "B-1 (a)" effective July 1, 2025, and Exhibit "B-1(b)" effective January 1, 2026, that is incorporated herein by this reference.

C. In Exhibit C, the deliverables associated with the Bid Submittals and Bidding/Construction shall be revised at the discretion of CITY staff.

D. Paragraph 12 shall be amended and replaced in its entirety by the following:
"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 1 EXHIBIT 1
126-04-23-010

Docusign Envelope ID: 20DAC785-09DA-42AF-A4F9-A 1 E2A5123401 Ill
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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)."

2. 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, CONSUL TANT 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.

CONSUL TANT agrees that it shall reimburse CITY for all expenses, costs, attorneys' fees, and resulting fines, penalties, and damages associated with such incident, breach, inveistigation and/or notification.

3. 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.

4. 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 the Next Page]
2

Docusign Envelope ID: 20DAC785-09DA-42AF-A4F9-A 1 E2A5123401

5. Conflicts. In the event of a conflict between the terms and provIsIons of this FIRST AMENDMENT to Agreement and the terms and provisions of the CONSULTANT AGREEMENT FOR DESIGN PROFESSIONALS, the terms of this FIRST AMENDMENT to Agreement shall govern and control.

TWO SIGNATURES ARE REQUIRED FOR CORPORATIONS:
(1) CHAIRPERSON OF THE BOARD, PRESIDENT, OR VICE PRESIDENT; AND (2) SECRETARY, ASSISTANT SECRETARY, CHIEF FINANCIAL OFFICER, OR ASSISTANT TREASURER.

ATTEST:
(:E,���c;cy Clerk
Date: 5/23/2025
APPROVED AS TO FORM:

Donald A. Larkin, City Attorney
DocuSigned by:

C!..,
BFE66AF9672C451 �1-1�...

Date: 5/22/2025
3 CITY OF MORGAN HILL
fflH'TSl�ner, City Manager
Date: 5/23/2025
VERDE DESIGN, INC.

Digitally· signed by Derek C McKee
DN·C=US E=dere�@�erdedesigninc.com, Derek C McKee O="VerdeDesign. lnc.", CN=DerekC McKee
Reason: I have reviewed this document
Date: 2025.05.21 08:37:10-07'00'
By:

Title: Derek C McKee, Principal
Date:

By:

Title:

Date:

Print Name and Title of Signer.

If Corporate: Chairman, President,
or Vice President

5.21.25 \ l--Po
Print Name and Title of Signer.

If Corporate: Secretary, Assistant
Secretary, Chief Financial Officer, or
Assistant Treasu�
e
/ � /42 lj<W2_{"
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Docusign Envelope ID: 20DAC785-09DA-42AF-A4F9-A 1 E2A5123401 Verde Design, Inc.

EXHIBIT B-1 {a)
Charge Rate Schedule
Effective July 1, 202S until December 31, 202S
The following chart outlines the current charge rate for professional and office costs. Reimbursable rates and expenses are shown at the bottom.

Proiect Rates
Principal
Project Manager /Construction Manager
Level Four
Level Three
Level Two
Level One
Project Engineer
Level II
Level I
IT Manager
CAD Manager
Project Designer
Job Captain/Staff Engineer /Construction Administrator
Draftsperson Level II
Draftsperson Level I
Project Administrator
Intern
Reimbursable Rates
Blueprints, Printing and Reproductions
Sub Consultant Services
Reimbursable Expenses
Blueprints and Reproductions
Photography
Models and Renderings
Postage/Overnight Mail Service
March 15, 2024
Charge Rate Schedule is subject to revisions.
$275.00 per hour
$260.00 per hour
$240.00 per hour
$1 9 5.00 per hour
$1 80.00 per hour
$200.00 per hour
$1 85.00 per hour
$1 9 5.00 per hour
$1 90.00 per hour
$17 5.00 per hour
$1 65.00 per hour
$1 60.00 per hour
$155.00 per hour
$1 00.00 per hour
$85.00 per hour
Cost plus 1 0%
Cost plus 1 0%
Travel Expenses
Parking and Toll Expenses
Permit Fees
Courier Delivery Service

Docusign Envelope ID: 20DAC785-09DA-42AF-A4F9-A 1 E2A5123401 Verde Design, Inc.

EXHIBIT B-1 (b)
Charge Rate Schedule
Effective January 1, 2026 until June 30, 2026
The following chart outlines the current charge rate for professional and office costs. Reimbursable rates and expenses are shown at the bottom.

Project Rates
Principal
Project Manager /Construction Manager
Level Four
Level Three
Level Two
Level One
Project Engineer
Level II
Level I
IT Manager
CAD Manager
Project Designer
Job Captain/Staff Engineer /Construction Administrator
Draftsperson Level II
Draftsperson Level I
Project Administrator
Intern
Reimbursable Rates
Blueprints, Printing and Reproductions
Sub Consultant Services
Reimbursable Expenses
Blueprints and Reproductions
Photography
Models and Renderings
Postage/Overnight Mail Service
March 15, 2024
Charge Rate Schedule is subject to revisions.
$285.00 per hour
$270.00 per hour
$250.00 per hour
$200.00 per hour
$1 85.00 per hour
$205.00 per hour
$1 90.00 per hour
$200.00 per hour
$195.00 per hour
$1 80.00 per hour
$170.00 per hour
$1 65.00 per hour
$ 1 60.00 per hour
$1 05.00 per hour
$90.00 per hour
Cost plus 1 0%
Cost plus 10%
Travel Expenses
Parking and Toll Expenses
Permit Fees
Courier Delivery Service

Docusign Envelope ID: 20DAC785-09DA-42AF-A4F9-A 1 E2A5123401 DocuSign Envelope ID: 78212608-EE5B-4EF0-B931-CE1138582459 EXHIBIT 1

CONSUL TANT AGREEMENT FOR DESIGN PROFESSIONALS

VERDE DESIGN
THIS AGREEMENT is entered into and becomes effective on 312812023 (Effective Date), by and between the CITY OF MORGAN HILL, a municipal corporation, ("CITY"), and Verde Design a California corporation ("CONSULTANT") hereinafter referred to collectively as "Parties." In consideration of the promises and the mutual covenants contained in this Agreement, the Parties agree as follows:

1. City Authority. This Agreement is entered into pursuant to the action of the Morgan Hill City Council taken on ______
March 15 20 23 . , __, -

2. Term of Agreement. This Agreement shall cover services rendered from the Effective Date of this Agreement until June 30, 2025 at which time CONSULTANT'S services shall be completed. The City Manager is authorized to extend the term of this Agreement for a maximum period of one year. Any such extension shall be in writing and signed by both Parties to this Agreement.

3. Scope of Service. The services to be performed by CONSULTANT shall be design of the Butterfield Park Site as further described in Exhibit A.

4. Compensation. CONSULTANT shall be compensated as follows:

4.1. Amount. $296,454.00. Total compensation to CONSUL TANT under this Agreement during its initial term set forth in Section 2 above shall not exceed Two Hundered Ninety Six Thousand Four Hundred Fifty Four 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 CONSUL TANT, so long as City Council has appropriated sufficient funds therefor, the Parties mutually agree to such amount in a writing signed by both Parties to this Agreement, and provided further that in no event shall such maximum compensation allowed for the term exceed the City Manager's authority pursuant to Chapter 3.04 of the Morgan Hill Municipal Code, unless otherwise authorized by City Council.

4.2. Billing. CONSULTANT shall provide CITY with an invoice containing the dated, detailed, and itemized descriptions of all services performed and expenses incurred (if such expenses are reimbursable pursuant to Exhibit B) by CONSUL TANT 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 8) up to the limit of compensation set forth above, that in the CITY'S judgment were necessary and reasonable. Services for work performed and expenses incurred in excess of the total compensation set forth in paragraph 4.1 above shall be at no cost to CITY.

5. Termination. CITY or CONSULTANT shall have the right to terminate this Agreement, without cause, by giving thirty (30) days' written notice or less under urgent circumstances. Upon such termination, CONSULTANT shall submit to CITY an itemized statement of services performed for which 1 Updated July 2022

Docusign Envelope ID: 20DAC785-09DA-42AF-A4F9-A 1 E2A5123401 DocuSign Envelope ID: 78212608-EE58-4EF0-8931-CE1138582459 compensation has not been paid. CITY may require CONSULTANT to complete certain work product or documents and CONSUL TANT 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, CONSUL TANT certifies that the work conforms to the requirements of this Agreement and all applicable federal, state, and local laws. CONSUL TANT 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 CONSUL TANT 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 CONSULT ANT'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}. CONSUL TANT 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 CONSUL TANT under CONSULTANT'S combined insurance policies (including any excess or "umbrella" policies), whichever is greater.
2 Updated July 2022

Docusign Envelope ID: 20DAC785-09DA-42AF-A4F9-A 1 E2A5123401 DocuSign Envelope ID: 7B212608-EE5B-4EF0-B931-CE113B582459

7.1.2. Automobile Liability. CONSULTANT shall maintain Automobile Liability covering all owned, non-owned and hired automobiles (if CONSUL TANT does not own automobiles, then CONSULT ANT 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. CONSUL TANT 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, CONSUL TANT shall procure and maintain Pollution Liability covering the CONSULTANT'S liability for bodily injury, property damage and environmental damage resulting from pollution and related cleanup costs arising out of the work or services to be performed under this Agreement.

Coverage shall be provided for both work performed on site, as well as during the transport of hazardous materials. Such coverage shall be in the minimum amount of: (i) one million dollars ($1,000,000.00) for any one accident or occurrence, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT'S combined insurance policies (including any excess or "umbrella" policies), whichever is greater.

7.1.5. Professional Liability.
7 .1.5.1. If the performance of CONSULTANT'S work or service under this Agreement involves professional and/or technical services (examples include, but are not limited to, architects, engineers, land surveyors, and appraisers), CONSULTANT shall procure and maintain either a claims made or occurrence Errors and Omission liability insurance in the minimum amount of: (i) one million dollars ($1,000,000.00) each claim, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT'S combined insurance policies (including any excess or "umbrella" policies), whichever is greater. Further, if CONSULTANT maintains a claims-made policy, CONSULTANT shall provide written evidence of such insurance to the CITY for at least five (5) years after the completion of work performed under this Agreement.

7.1.5.2. If the performance of CONSULTANT'S work or service under this Agreement relates to Information Technology or related services (examples include, but are not limited to computer programmers, software designers, 3 Updated July 2022

Docusign Envelope ID: 20DAC785-09DA-42AF-A4F9-A 1 E2A5123401 DocuSign Envelope ID: 78212608-EE58-4EF0-8931-CE1138582459 hardware engineers, or other systems consultants), CONSUL TANT 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 CONSUL TANT under CONSULTANT'S combined insurance policies (including any excess or "umbrella" policies), whichever is greater.

7.1.6. Sexual Abuse/Molestation Liability (SMU: 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 CONSUL TANT 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.

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 4 Updated July 2022

Docusign Envelope ID: 20DAC785-09DA-42AF-A4F9-A 1 E2A5123401 DocuSign Envelope ID: 7B212608-EE5B-4EF0-B931-CE113B582459 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. CONSUL TANT and its officers, employees, agents, and subcontractors covenant there shall be no discrimination based upon race, color, creed, religion, gender, marital status, age, sexual orientation, national origin, mental disability, physical disability, medical condition, or ancestry, in any activity pursuant to this Agreement.

9.2. Compliance with Wage and Hour Laws: Consultant, and any subcontractor it employs to complete work under this Agreement, shall comply with all applicable federal, state, and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act and the California Labor Code.

Final Judgments, Decisions, and Orders: For purposes of this Section, a "final judgment, decision, or order" refers to one for which all appeals have been exhausted or the time to appeal has expired. Relevant investigatory government agencies include: the federal Department of Labor, the California Division of Labor Standards Enforcement, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.

Prior Judgments against CONSULTANT and/or its Subcontractors: BY SIGNING THIS

AGREEMENT, CONSULTANT AFFIRMS THAT IT HAS DISCLOSED ANY FINAL

JUDGMENTS, DECISIONS OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY FINDING -IN THE FIVE (5) YEARS PRIOR TO EXECUTING

THIS AGREEMENT - THAT CONSULTANT OR ITS SUBCONTRACTOR(S) HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. CONSULTANT FURTHER

AFFIRMS THAT IT OR ITS SUBCONTRACTOR(S) HAS SATISFIED AND COMPLIED

WITH - OR HAS REACHED AGREEMENT WITH THE CITY REGARDING THE

MANNER IN WHICH IT WILL SATISFY -ANY SUCH JUDGMENTS, DECISIONS OR ORDERS.

Judgments or Decisions During Term of Contract: If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision 5 Updated July 2022

Docusign Envelope ID: 20DAC785-09DA-42AF-A4F9-A 1 E2A5123401 DocuSign Envelope ID: 7B212608-EE5B-4EF0-B931-CE113B582459 or order finding that CONSUL TANT or an subcontractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or CONSUL TANT learns of such a judgment, decision, or order that was not previously disclosed, CONSUL TANT 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 CONSUL TANT 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 CONSUL TANT 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. CONSUL TANT is an independent contractor and not an agent or employee of CITY.

11. Confidentiality. All data, documents, or other information received by CONSUL TANT from CITY or prepared in connection with CONSULTANT'S services under this Agreement are deemed confidential and shall not ba disclosed to any third party by CONSUL TANT without prior written consent by CITY.

12. Conflict of Interest and Reporting. CONSUL TANT shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement.

13. Notices. All notices shall be personally delivered or mailed, via first class mail to the below listed address. These addresses shall be used for delivery of service of process. Notices shall be effective five (5) days after date of mailing, or upon date of personal delivery.

Address of CONSULTANT is as follows:

Verde Design
2455 The Alameda, Suite 200
Santa Clara, CA 95050
6 Updated July 2022

Docusign Envelope ID: 20DAC785-09DA-42AF-A4F9-A 1 E2A5123401 DocuSign Envelope ID: 78212608-EE5B-4EF0-B931-CE1138582459 Address of CITY is as follows:

Chris Ghione
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. CONSUL TANT 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. CONSUL TANT 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 CONSUL TANT 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 CONSUL TANT for work performed under this Agreement shall be the property of CITY. CONSULTANT shall provide CITY with copies of these items upon demand or upon termination of this Agreement.

17. Familiarity with Work_ By executing this Agreement, CONSULTANT represents that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the difficulties and restrictions of the work under this Agreement.

Should CONSULTANT discover any conditions materially differing from those inherent in the work or as represented by CITY, it shall immediately inform CITY and shall not proceed, except at CONSULTANT'S risk, until written instructions are received from CITY.

18. Time of Essence. Time is of the essence in the performance of this Agreement.

19. No Assignment. Neither this Agreement nor any portion shall be assigned by CONSULTANT, without prior written consent of CITY. Any attempted assignment not first approved by CITY shall be 7 Updated July 2022

Docusign Envelope ID: 20DAC785-09DA-42AF-A4F9-A 1 E2A5123401 DocuSign Envelope ID: 7B212608-EE5B-4E F0-8931-CE 1138582459 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 CONSUL TANT, 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 CONSUL TANT, 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.

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. 8 Updated July 2022

Docusign Envelope ID: 20DAC785-09DA-42AF-A4F9-A 1 E2A5123401 DocuSign Envelope ID: 78212608-EE58-4EF0-8931-CE1138582459

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. Preservation of Agreement. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected or invalidated.

26. Binding Agreement. Notwithstanding the provisions of Section 19 above, this Agreement shall bind any and all successors in interest, legal representatives and/or other permitted assignees or transferees of CONSUL TANT in the same manner as if those successors in interest, legal representatives or other permitted assignees or transferees had entered into this Agreement originally.

27. D 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.

28. 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.
[Signatures on Next Page]
9 Updated July 2022

Docusign Envelope ID: 20DAC785-09DA-42AF-A4F9-A 1 E2A5123401 DocuSign Envelope ID: 78212608-EE5B-4EF0-B931-CE1138582459

29. 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.

City 1;f erM)eputy City Clerk
Michelle Bigelow
Print Name
Date: 3/29/2023
sQ.V�D AS TO FORM:
/,Af{iVv
Donald A. Larkin
Print Name
Date: 3/28/2023
I.XuQf.li4ORGAN HILL
(MsfitM. �
anager'
Christina J. Turner
Print Name
Date: 2-13-23 3/28/2023
Verde Design
By:

Date:

By:

Date:

DigU.a!!y signed by De«!i,;: Mcl<ee
Derek McKee Ol<C-US,Eade,ek@',""""'e,i,anlnc.am.

O;"'\fe1de OeSgn, Inc.", CN=Derek McKee
Oate: 2023.02.1310:21:44--00'00'
Derek McKee, President
Print Name and Title of Signer.

If Corporate: Chairman, President or Vice
President
.V\a nee.- '". Cron 1 Y\ c�o
Print Name and Title of Signer.

If Corporate: Secretary, Assistant
Secretary, Chief Financial Officer or
Assistant Treasurer
I I
U:\Legal Forrns\ConsultantAgreements\City Services Agreement For Design Professionals.Docx 10 Updated July 2022

Docusign Envelope ID: 20DAC785-09DA-42AF-A4F9-A 1 E2A5123401 DocuSign Envelope ID: 7B212608-EE5B-4EF0-B931·CE113B582459

EXHIBIT A

SCOPE OF SERVICES
Consultant shall provide design services for the Phase 1 Development of Butterfield Park. The following elements will be part of Phase 1 development as shown in the Preliminary Design Concept (included in this proposal):
• Asphaltic Parking Lot with Entry Driveway
• Playground
• Picnic Area
• Dog Park
• Security Fencing & Gate
• Park Landscaping
• Park Furnishings: Benches, Drinking Fountain, Parking Lighting, Bike Racks, Trash & Recycle Receptacles
• Pre-fabricated restroom building (Optional Service)
Verde Design shall undergo a design process to include start-up and 30% schematic design, 60% design development submittal, 95% submittal, 100% construction documents, bid and construction support services. Plans will be developed as one increment and a single bid package.

Starting with a review of the preliminary design concept that Verde Design developed, consultant will review the proposed programs with staff for alignment with any standards and equipment selection. A site walk and meeting with the City staff will occur to review input and program needs. Consultant will review conditions and proposed needs for the paving/circulation, parking, lighting, utility and other upgrades.

Consultant will review the site survey provided during the schematic design phase and can utilize any as-built plans the City has for the base information. A base plan will be setup per the proposed programs. Geotechnical report will be prepared.

After the start-up phase, consultant will develop the schematic design package. Consultant shall meet with staff halfway through this process to review the progress and verify questions on the design and engineering. Consultant will setup a systems design for the grading, drainage, material and electrical for the proposed programs and site work for discussion and review at the meeting.

Consultant shall include review and approval of schematic design by the Parks and Recreation Commission and City Council.

Following the approval of the design development package, consultant will move forward with 60% and 95% construction documents. Consultant will review the package with staff and coordinate comments. The next submittal will be the final bid submittal for a final review and design coordination. City specifications, bidding documents and standards will be incorporated. A bid set of plans will be prepared for bidding.

Included are services for storm water treatment alignment for the impervious surfacing being added. We may need to add or modify the drainage system for the proposed programs and storm water requirements. Storm water calculations and coordination with the City engineers 11 Updated July 2022

Docusign Envelope ID: 20DAC785-09DA-42AF-A4F9-A 1 E2A5123401 DocuSign Envelope ID: 7B212608-EE5B-4EF0-B931-CE 113B582459 will occur to align the plans with the City's stormwater requirements. An erosion control plan and SWPP will be provided. Inspection services or QSP services will are not included within this scope. Consultant team includes ACEE to provide electrical design services for parking lot and pedestrian path lighting, electric vehicle (EV) chargers, power outlets, a new PG&E service application, and meter and switchboard design to accommodate this phase and future developments. AKH Structural Engineers will provide the structural design. Geo-Engineering Solutions is included for geotechnical coordination. A Public Restroom Company is included to provide engineering plan for a new restroom building to be reviewed by the City's Building Department. Included are several meetings with the City staff during the design process and construction documents phases.

The scope shall include the following phasing:

I. Start-Up Phase
A. Establish files and in-house documentation.

B. Receive all available data, maps, reports, etc.

C. Obtain City documents relating to the site and other requirements, standards and regulations for development of the facilities.

D. Coordinate any as-builts and site maps available with the City.

E. Provide a draft milestone schedule.

F. Review the site survey from the schematic design phase.

G. Provide geotech reports for the project site for paving and subgrade construction recommendations. Percolation tests are also included for storm water treatment planning.

H. Visit the project site to complete a visual inventory of the existing conditions and review pedestrian circulation, paving conditions, and proposed park elements with City staff.

I. Kick-Off Meeting 1. Staff meeting to review schedule, deliverables, budget, and project process.

2. Review any relevant City Standards and any other related projects or future work anticipated in the park.

3. Review the park's preliminary design concept for direction related to this project scope.

4. Review project schedule.

II. Schematic Design Phase - The following outlines the work to be completed to prepare plans and specifications for construction.

A. 30% Submittal Package

1. The submittal includes plans that will be developed to a preliminary level for discussion. We plan to make an approach to the design and engineering of the plans/systems and review our progress with City and then complete the design based on input. The plans show overall site design including:
a. Cover Sheet
b. Existing Conditions Plan
c. Grading Plan
d. Drainage and Utility Plan
e. Stormwater Treatment Plan
f. Layout Plan
g. Material and Detail Reference Plan
h. Conceptual Planting Plan & Palette
i. Construction Details
j. Electrical Plans
12 Updated July 2022

Docusign Envelope ID: 20DAC785-09DA-42AF-A4F9-A 1 E2A5123401 DocuSign Envelope ID: 7B212608-EE5B-4EF0-B931-CE113B582459

2. Provide representative technical specifications for the project with a table of contents listing. Specifications will be provided in six-digit CSI format.

3. The submittal book supplements the plans and specifications showing:
a. Progress Report
b. Statement of Probable Construction Costs
c. Material cut sheets

4. Redline and review, Internal Quality Control (QC).

5. Submittal Preparation and coordination of plans and specifications will be provided for review.

B. One review meeting with City staff to review plans and receive comments.

C. Presentation to the City Council and Parks and Recreation Commission to review plans and receive comments.

II. Design Development Phase - The following outlines the work to be completed to prepare plans and specifications for construction.

A. 60% Submittal Package

1. The submittal includes plans and draft technical specifications. The plans show overall site design including:
a. Cover Sheet
b. Existing Conditions Plan
c. Demolition Plan
d. Grading Plan
e. Drainage and Utility Plan
f. Stormwater Treatment Plan
g. Layout Plan
h. Material and Detail Reference Plan
i. Irrigation Plan
j. Planting Plan
k. Construction Details
I. Electrical Plans
m. Structural Plans

2. Setup technical specifications for the project. Specifications will be provided in sixdigit CSI format. Setup City front end documents and overall table of contents.

3. The submittal book supplements the plans and specifications showing:
a. Progress Report
b. Statement of Probable Construction Costs
c. Material cut sheets

4. Redline and review, Internal Quality Control (QC).

5. Submittal Preparation and coordination of plans and specifications will be provided for review.

B. One review meeting with City staff to review plans and receive comments.

Ill. Construction Document Phase - The following outlines the work to be completed to prepare plans and specifications for construction.

A. 95% Submittal Package

1. The submittal includes plans and draft technical specifications. The plans show overall site design including:
a. Cover Sheet
b. Access Plan
c. Existing Conditions Plan
d. Demolition Plan
13 Updated July 2022

Docusign Envelope ID: 20DAC785-09DA-42AF-A4F9-A 1 E2A5123401 DocuSign Envelope ID: 7B212608-EE5B-4EF0-B931-CE113B582459 e. Grading Plan
f. Drainage and Utility Plan
g. Storm Water Plan
h. Layout Plan
i. Material and Detail Reference Plan
j. Irrigation Plan
k. Planting Plan
I. Construction Details
m. Electrical Plans
n. Structural Plans

2. The technical specifications show representative specifications for the project.

Specifications will be provided in six-digit CSI format. City front end specification updates.

3. The submittal book supplements the plans and specifications showing:
a. Progress Report
b. Statement of Probable Construction Costs

4. Redline and review, Internal Quality Control (QC).

5. Submittal Preparation and coordination of plans and specifications will be provided for review.

B. Edit technical specifications, City standard specifications and front-end documents.

C. City building department review and coordinate comments.

D. 100%/Bid Submittal - Coordinate, update and provide final bid package.

E. One review meeting with City staff to review plans and receive comments.

F. Play equipment inspection during plan development.

IV. Bidding and Construction Support Phase
A. Bidding Services

1. Answer questions during bidding

2. Prepare addenda

3. Evaluate the bids received and provide a recommendation on award.

4. Prepare a conform set of plans for construction purposes.

B. Construction Services

1. Attend the pre-construction meeting.

2. Review and approve shop drawings in a timely manner.

3. Assist staff with RFi responses.

4. Provide field directives for updates to the plan.

5. Assist the City in evaluating any necessary contract change orders.

6. Provide up to 20 site visits/construction meetings to review construction progress.

7. Provide a final punch walk and report.

8. As-builts and closeout documents review.

9. Project administration.

Verde Design will provide the following products as outlined in the above Scope of Services:

1. 30% submittal - one electronic and two hardcopy sets of plans, costs and specifications

2. 60% submittal - one electronic and two hardcopy sets of plans, costs and specifications

3. 95% submittal - one electronic and two hardcopy sets of plans, costs and specifications

4. Bid submittal - one set of stamped plans / costs and specifications.

5. Bidding/Construction support - responses to bidder and contractor RFls, addenda, conform set plan.
14 Updated July 2022

Docusign Envelope ID: 20DAC785-09DA-42AF-A4F9-A 1 E2A5123401 DocuSign Envelope ID: 78212608-EE5B-4EF0-B931-CE 1138582459 Exclusions:

Without attempting to be all-inclusive and for purposes of clarity, the following items are specifically not included in the Scope of Services:

1. Meetings other than those listed

2. Renderings and presentations to public bodies other than those listed

3. SWPPP services for design (QSP) inspection during construction. Services to be provided by contractor for inspection.

4. Testing during construction

5. Underground utility surveys

6. Utility runs off-site

7. Survey property lines or easement locations

8. Permit fees associated with the project

9. Access plans - ADA site plan and evaluation of existing conditions

10. Pump or lift station design

11. 3D graphics

12. Arborist report

13. CEQA process
15 Updated July 2022

Docusign Envelope ID: 20DAC785-09DA-42AF-A4F9-A 1 E2A5123401 DocuSign Envelope ID: 78212608-EE5B-4EF0-B931-CE1138582459

EXHIBITS

SCHEDULE OF COMPENSATION RA TES
Phase A: 30% Submittal $92,029
Phase 8: 60% Submittal $51,905
Phase C: 95% & Bid Submittal $57,510
Phase D: Bid & Construction Support $48,400
Pre-Fab Building - Engineering Plans $12,015
Pre-Fab Building - Electrical Service $4,595
Design Contingency (Additional Work Outside Scope) - $30,000 Total - $296,454
Project Rates
Principal
Project Manager/Construction Manager
Level Four
Level Three
Level Two
Level One
Project Engineer
Level II
Level I
IT Manager
CAD Manager
Project Designer
Job Captain/Staff Engineer/Construction Administrator
Draftsperson Level II
Draftsperson Level I
Project Administrator
Intern
Reimbursable Rates
Blueprints, Printing and Reproductions
Sub Consultant Services
Reimbursable Expenses
Blueprints and Reproductions Travel Expenses
Photography Parking and Toll Expenses
Models and Renderings Permit Fees
Postage/Overnight Mail Service Courier Delivery Service $255.00 per hour
$240.00 per hour
$220.00 per hour
$180.00 per hour
$165.00 per hour
$180.00 per hour
$165.00 per hour
$180.00 per hour
$175.00 per hour
$160.00 per hour
$150.00 per hour
$145.00 per hour
$140.00 per hour
$85.00 per hour
$75.00 per hour
Cost plus 10%
Cost plus 10%
16 Updated July 2022

Docusign Envelope ID: 20DAC785-09DA-42AF-A4F9-A 1 E2A5123401 DocuSign Envelope ID: 78212608-EE5B-4EF0-8931-CE113B582459 30% Submittal: 4 Weeks
60% Submittal: 4 Weeks
95% Submittal: 4 Weeks
Bid Submittal: 4 Weeks

EXHIBIT C

SCHEDULE OF PERFORMANCE
Bidding/Construction 28 Weeks or as extended by the City 17 Updated July 2022

4 CITY COUNCIL STAFF REPORT
MEETING DATE: December 17, 2025
PREPARED BY:

Nolen Ugalde, Assistant Engineer
APPROVED BY: City Manager

APPROVE IMPROVEMENT AGREEMENT AND SUBSEQUENT

DEVELOPMENT REIMBURSEMENT AGREEMENT FOR THE TENNANT
- TEN SOUTH ACQUISITIONS PROJECT LOCATED AT 740 TENNANT AVENUE WITH ASSESSOR'S PARCEL NUMBER (APN) 817-08-032

RECOMMENDATION(S)

1. Approve an Improvement Agreement with 740 Tennant LP;

2. Approve a Subsequent Development Reimbursement Agreement with 740 Tennant LP; and

3. Authorize the City Manager to execute the Improvement Agreement and Subsequent Development Reimbursement Agreement.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Maintaining and Enhancing Infrastructure
2024-2025 Strategic Priorities
Affordable Housing and Homelessness
Economic Development and Tourism
Guiding Documents
Morgan Hill 2035 General Plan
REPORT NARRATIVE:

The Tennant - Ten South Acquisitions Project is a 259-unit multi-family residential development on an 11.25-acre site. The project is located on the southeast corner of the intersection of Butterfield Boulevard and Tennant Avenue at 740 Tennant Avenue as shown on the attached Site Map (Attachment 1).

As part of the project, the development will be constructing various public improvements along Tennant Avenue and extending Juan Hernandez Drive. The proposed improvements will include the installation of curb and gutter, sidewalk, streetlights, street trees, public utilities, undergrounding of overhead utilities, etc. A portion of the

4 proposed improvements extend beyond the boundaries of the project frontage. As such, the Developer is requesting credit for all costs associated with this out-of-tract work as well as a portion of the overall utility costs that exceed reasonable proportionality for the undergrounding along their frontage. The work in question includes the undergrounding of existing overhead utility lines on Tennant Avenue and the modification of the raised center median on Tennant Avenue between Butterfield Boulevard and Juan Hernandez Drive. A reimbursement provision has been added to the Improvement Agreement with funding being provided via project Community Benefit Obligation credits and Traffic Impact Fee credits, respectively. The Community Benefit Obligation is an additional $2 million in commitment made by the developer in its settlement agreement that may be used by the City towards other improvements adjacent to the project that are not the responsibility of the City. The City will not be reimbursing funds associated with this work as there are more than sufficient funds within the project Community Benefit Obligation ($2 Million) and Traffic Impact Fees ($520,261), which exceeds the estimated costs of the undergrounding work ($700,000) and the median work ($130,000).

The Developer has furnished the City with the necessary documents to execute the Improvement Agreement. Therefore, Staff recommends that City Council authorize the City Manager to sign the Improvement Agreement.

Subsequent Development Reimbursement Agreement
Staff is recommending that the City enter into a Subsequent Development Reimbursement Agreement with the Developer for subsequent reimbursement by the property to the east of the development, abutting the new Juan Hernandez Drive extension, with Assessor’s Parcel Number (APN) 817-08-030. This adjacent property will benefit from the public improvements to be installed by the Developer at the extension of Juan Hernandez Drive. The attached Subsequent Development Reimbursement Agreement (Attachment 3) contains the estimated total cost of the public improvements for the project including design costs and permit fees in the amount of $600,390.

Staff recommends that City Council also authorize the City Manager to sign the Subsequent Development Reimbursement Agreement.

COMMUNITY ENGAGEMENT:

The project’s Design Permit was publicly noticed in September 2024 including a mailing to property owners within 300 feet of the project, and a display ad in the newspaper for the minimum 10-day period.

ALTERNATIVE ACTIONS:

There are no feasible alternative actions with the approval of the Improvement Agreement as the Developer has met the requirements of the Design Permit conditions approved by the Planning Commission and has furnished the necessary documents to complete the processing of the Improvement Agreement.

There are also no feasible alternative actions with the approval of the subsequent

4 reimbursement agreement as the improvements being constructed will provide benefit to the adjacent property.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

On September 24, 2024, the Planning Commission considered and approved the Design Permit (SR2024-0003) for the project.

FISCAL AND RESOURCE IMPACT:

Development review costs for this project are paid from development processing fees.

As part of the project’s Improvement Agreement, the Developer’s will receive credit against the Traffic Impact Fees and Community Benefit Obligation of the project and have no direct impact on City funds.

The Subsequent Reimbursement agreement will require future development of the adjacent property to reimburse the developer and therefore will have no direct impact on City funds.

CEQA (California Environmental Quality Act):

Not a Project: There is no associated subdivision (or other discretionary approval) for this project, therefore, the project is ministerial and not subject to CEQA per Public Resources Code, § 21080(b).

1 December 2025

RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

CITY OF MORGAN HILL
17575 PEAK AVENUE
MORGAN HILL, CA 95037
(RECORD AT NO FEE PURSUANT TO GOVERNMENT
CODE SECTION 27383)

THE AREA ABOVE IS RESERVED FOR RECORDER'S USE

IMPROVEMENT AGREEMENT
740 Tennant LP
740 Tennant Avenue
APN: 817-08-032
740 Tennant Avenue Project
THIS IMPROVEMENT AGREEMENT (Agreement”) is made on this _____ day of __________________, 2025, by the CITY OF MORGAN HILL, a municipal corporation ("CITY"), and 740 Tennant LP, a California limited partnership ("PROPERTY OWNER") hereinafter referred to collectively as “Parties.” In consideration of the promises and the mutual covenants contained in this Agreement, the Parties agree as follows:

RECITALS
The following Recitals are a substantive part of this Agreement:

1. This Agreement is entered into pursuant to Morgan Hill Municipal Code Chapter 12.02.

2. PROPERTY OWNER has filed a Development Application and supporting documents on the property with the address of 740 Tennant Avenue, and the Assessor’s Parcel Number (APN) 817-08-032 having the development name of 740 Tennant Avenue (“Development”).

3. CITY requires as a condition of approval of the Development Permit, as described on said permit, that certain improvements (“Improvements”) be installed by PROPERTY OWNER as shown on the fully executed Development Improvement Plans entitled “IMPROVEMENT PLANS FOR 740 TENNANT AVENUE - OFFSITE” (“Improvement Plans”), on file with CITY and incorporated herein by this reference.

4. PROPERTY OWNER has been unable to complete, prior to the issuance of the Development Permit, all of the Improvements required by CITY to the satisfaction of the City Engineer.

5. PROPERTY OWNER is required by the terms of the Morgan Hill Municipal Code to improve all

2 December 2025
streets, highways, or public areas which are part of the Development, including but not limited to necessary paving, curbs, sidewalks, catch basins, water mains, culverts, storm drains, and sanitary sewers, in accordance with the plans and specifications on file with the City Engineer.

6. To assure CITY that PROPERTY OWNER will complete all the work and Improvements required for the Development, the parties have entered into this Agreement.

AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Term of Agreement. The term of this Agreement shall be eighteen (18) months from the date of issuance of the Development Permit (“Term”). The City Manager is authorized to extend the term of this Agreement for a maximum of two additional six-month extensions. Any such extension shall be in writing and signed by both Parties to this Agreement.

2. Improvements. PROPERTY OWNER agrees to construct the Improvements in a good and workmanlike manner in accordance with the plans and documents filed with and approved by CITY in conjunction with the Development, all of which are incorporated herein by reference. These items of the Improvements shall be completed, constructed and installed at PROPERTY OWNER'S sole expense unless agreed to otherwise by CITY.

3. Rights-of-Way. Except as otherwise provided by this Agreement, CITY can hold without acceptance or recordation all lands, rights-of-way, and easements offered for dedication. All such offers shall, however, remain open, and shall constitute irrevocable offers of dedication in accordance with the Government Code. All such offers may be accepted and recorded by CITY in its sole discretion at any later date without further notice to PROPERTY OWNER as provided by law. By way of explanation only, it is the current intention of CITY to accept all or part of the irrevocable offers to dedicate upon acceptance of the Improvements called for in this Agreement.

4. Improvements: Time Limits. PROPERTY OWNER agrees to cause all Improvements to be made and constructed to comply with all requirements of Morgan Hill Municipal Code Chapter 12.02, according to the Improvement Plans for the Development approved by the City Engineer and including any changes or alteration in the Improvements required by the City Engineer.

4.1 The Improvements shall be completed utilizing CITY standards and specifications.

4.2 PROPERTY OWNER agrees to complete the Improvements prior to the expiration of this Agreement, or the issuance of the certificate of occupancy, whichever is earlier; provided however, the City Manager may extend the deadline for completion by not more than six (6), months at his or her reasonable discretion and determination that granting the extension will not be detrimental to the public welfare. City Manager may extend the deadline for completion beyond six (6) months if PROPERTY OWNER demonstrates and informs CITY of the significant extenuating circumstances that necessitate additional extensions.

4.3 No extension of this deadline for completion shall be made except upon the basis of a written application made by PROPERTY OWNER stating to the CITY fully the ground for the application and the facts relied upon for an extension.

3 December 2025

4.4 It is further agreed by and between PROPERTY OWNER and CITY that any extension granted shall in no way affect the validity of this Agreement or release the surety(ies) on any bond attached hereto or the financial institution guaranteeing the same.

4.5 PROPERTY OWNER further agrees to maintain the securities described in Section 6 in full force and effect during the terms of this Agreement, including any extensions of time as may be granted, and until such time as the Improvements have been accepted for maintenance by CITY.

4.6 In the event that PROPERTY OWNER shall fail to complete the Improvements within the time provided by this Agreement or according to the approved Improvement plans, CITY may in its sole discretion and in addition to any other remedy provided in this Agreement or by law, issue a stop work order, enter upon the Development and complete the Improvements and recover the full cost and expense of construction from PROPERTY OWNER, PROPERTY OWNER'S successors and assignees, PROPERTY OWNER'S Performance/Labor & Material Bonds associated with this Development, or from the then owner of the Development, and/or place a lien upon the Development property for the cost and expense. Any and all CITY costs shall include but not be limited to administrative and attorney costs.

5. Acquisition and Dedication of Easements or Rights-of-Way. If any of the Improvements is to be constructed or installed on land not within the Development or already existing public right-of-way, no construction or installation shall be commenced before the irrevocable offer of dedication or conveyance to CITY of appropriate rights-of-way, easements or other interest in real property, and appropriate authorization from PROPERTY OWNER to allow construction or installation of the Improvements or work has been obtained and paid for by PROPERTY OWNER.

6. Bond Requirements. To secure the performance of each Improvement required under this Agreement and to ensure full payment to all persons furnishing or supplying labor or materials for each Improvement required, PROPERTY OWNER shall provide to CITY concurrently with the execution of this Agreement, payment and performance bonds each in the amount of 100% of the total estimated cost of the Improvements as determined by the City Engineer.

6.1 A performance bond to secure faithful performance of this Agreement as required by Section

12.02.160 of the Morgan Hill Municipal Code for performance shall be provided in substantially the form set forth in Exhibit B.

6.2 A payment bond to secure full payment to all persons furnishing or supplying labor or materials as required by Section 12.02.160 of the Morgan Hill Municipal Code for labor and materials shall be provided in substantially the form set forth in Exhibit C.

6.3 PROPERTY OWNER shall provide an additional guarantee and warranty security (in substantially the form set forth in Exhibit D) of fifty (50%) percent of the cost of construction of the Improvements to guarantee and warranty the Improvements for a period of one year following its completion and acceptance against any defective work or labor done, or defective materials furnished, as required by Section 12.02.170 of the Morgan Hill Municipal Code.

6.4 Improvements and the City Engineer’s Estimated Costs of Improvements as of November 26, 2025 are attached hereto as Exhibit “A”.

6.5 Any bonds submitted under this Agreement shall be on CITY forms executed by a surety company authorized to write the same in the State of California, and shall be approved by

4 December 2025
the City Attorney and the City Engineer.

6.6 All required securities under this Agreement shall be in a form approved by the City Attorney.

6.7 Submittal of the Performance/Labor & Material Bonds is a requirement prior to CITY'S issuance of an encroachment permit to do work in CITY'S right-of-way.

6.8 Submittal of the Warranty Bond is a requirement prior to the City Engineer's consideration of acceptance of the public improvements.

6.9 The release of any securities shall be governed by the provisions of Section 12.02.170 of the Morgan Hill Municipal Code.

Note: If Cash Deposit Agreement Guaranteeing Improvements is utilized for security purposes, the Cash Deposit Agreement amount shall be two hundred (200%) percent of the aforementioned City Engineer’s Estimated Costs of Improvements. In lieu of the above, CITY will accept a certificate of deposit in CITY'S name with escrow instructions acceptable to the City Engineer, subject to the approval of the City Attorney

7. Irrevocability of Security. The securities provided under this Agreement shall be irrevocable, shall not be limited as to time, and may be released only upon the written approval of the City Engineer and City Council.

8. Duty to Warn. PROPERTY OWNER shall give adequate warning to the public of each and every dangerous condition which may exist in the Improvements, and will take all reasonable actions to protect the public from any dangerous condition.

9. Warranty. PROPERTY OWNER guarantees and warrants the Improvements required by this Agreement and agrees to remedy any defects in the Improvements arising from faulty or defective materials or construction occurring within twelve (12) months after acceptance by CITY of said Improvements.

Following notice, PROPERTY OWNER shall, without delay or cost to CITY, repair, replace, or reconstruct any defective or unsatisfactory portion of Improvements. CITY may, at its sole option, perform the repair or replacement itself if PROPERTY OWNER has failed to commence repair within twenty (20) days after CITY has mailed written notice to PROPERTY OWNER. In such event, PROPERTY OWNER agrees to pay the cost of repair and replacement, plus fifteen percent (15%), by CITY; and CITY may recover such costs as a lien against the Development. CITY may proceed immediately to make repairs should an emergency arise without waiving its rights of recovery against PROPERTY OWNER.

10. Failure of Performance. In addition to the other remedies provided by this Agreement, CITY shall have recourse to the security given. In the event that CITY seeks recourse against any security, CITY shall have recourse against PROPERTY OWNER for any and all amounts necessary to complete the obligation.

All administrative costs, including attorneys' fees shall be a proper charge against the security and PROPERTY OWNER pursuant to Government Code. The right of CITY to draw upon or utilize the security is additional and not in lieu of any other remedy available to CITY at law or in equity. The parties agree that the estimated costs and security amounts may not reflect the actual cost of construction or installation of Improvements, and therefore, CITY damages for PROPERTY OWNER’s default shall be measured by the cost of completing the required Improvements.

11. Certificate of Occupancy. PROPERTY OWNER understands that CITY will expect completion,

5 December 2025
to the satisfaction of CITY, of specific public improvements as well as private utility improvements prior to CITY Approval of a Certificate of Occupancy for any building on the Development property. The specific improvements shall include activation of all public utilities (water, sewer, storm drain); activation of all private utilities (electric, gas, phone) except for cable; street lights turn-on request filed with P G & E; and full street improvements (curb-gutter and paving with/without final lift) from existing public street to building under consideration for Certificate of Occupancy. PROPERTY OWNER, furthermore, agrees to so inform successor in lot interest should lot be transferred to another party prior to CITY acceptance of public improvements.

12. Final Toxic Report. Where applicable, PROPERTY OWNER hereby agrees to furnish the City Attorney with a copy of the Final Toxic Report issued by the appropriate licensed consultant on the proposed Development. This report must be received prior to final acceptance of on-site improvements and issuance of certificate of occupancy.

13. Public Improvements Fee Schedule. PROPERTY OWNER shall pay the following sums in cash to CITY pursuant to the provisions of Resolution 1383 and any amendments thereto. These sums shall be paid to CITY at the time of issuance of the Development Permit, and shall be in accordance with the Department of Public Works Fee Schedule attached hereto demonstrating a current Total Fee Obligation of $ 10,000,000. All Fees are estimated and may be increased by CITY subject to current resolutions and ordinances. These fees are subject to a minimum annual revision. PROPERTY OWNER consents to increases in these fees. This Agreement shall not be construed to fix or freeze fees as of any point prior to issuance of Development Permits.

All development fees shall be those in effect at the time of the issuance of the Development Permit for this Development. This Agreement does not entitle the developer to any permit including a grading permit. A separate application for a grading permit should be made to the Building Department.

14. Other Agreements Associated with This Improvement Agreement: The following "checked off" Agreements are understood to be associated with this Agreement and have been fully executed prior to or concurrent with this Agreement:
[ ] CITY "Streets" Reimbursement Agreement (CITY Ordinance 982) PROPERTY OWNER acknowledges and agrees that the property is subject to a Reimbursement Agreement whereby PROPERTY OWNER must reimburse CITY for all costs associated with off-site improvements completed by the CITY and/or others or to be completed by CITY and/or others. PROPERTY OWNER agrees to pay CITY for all sums already incurred under the reimbursement agreement prior to issuance of any building permits. If the improvement has not been completed by CITY and/or others, then PROPERTY OWNER or successor-in-interest agrees to fully reimburse CITY for all costs incurred by CITY and/or others in constructing the improvements. [√] CITY Public/Private Utility Reimbursement Agreement [ ] Landscape & Lighting Maintenance Assessment District Annexation [ ] Improvements Deferral Agreement

15. Insurance Requirements.

Commencement of Improvements. Before beginning construction of the improvements,

6 December 2025
PROPERTY OWNER is required to 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 PROPERTY OWNER and its subcontractors relating to or arising from the performance of work associated with the Improvements, and must remain in full force and effect at all times during the period covered by the Agreement, including any extensions of time as may be granted, and until such time as the Improvements have been accepted for maintenance by CITY. 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. Coverages may be provided by PROPERTY OWNER'S General Contractor if PROPERTY OWNER is not directly insuring such exposures under an “Owners and Contractors Protective Liability Policy (OCP)” on which CITY would be an additional insured. If PROPERTY OWNER will utilize the services of a General Contractor to perform all of the work associated with the Improvements, then PROPERTY OWNER may opt to have all coverages provided by PROPERTY OWNER’S General Contractor, provided that a written contract is executed between PROPERTY OWNER and the General Contractor whereby the written contract specifically required General Contractor to fulfill all of the City insurance requirements as outlined in this Agreement, including all endorsements in favor of the City. Verification of the written contract must be provided to City upon request. If PROPERTY OWNER fails to provide any of the required coverage in full compliance with the requirements outlined in this Agreement, CITY may, at its sole discretion, purchase such coverage at PROPERTY OWNER'S expense and deduct the cost from payments due to PROPERTY OWNER, assess payment against Development, or terminate the Agreement for default. Any deductibles or self-insured retentions must be declared to and approved by City. PROPERTY OWNER further understands that CITY reserves the right to modify the insurance requirements set forth herein, with thirty (30) days’ notice provided to PROPERTY OWNER, at any time as deemed necessary to protect the interests of CITY.
(a) Policies and Limits. The following insurance policies and limits are required for this Agreement:
(1) Commercial General Liability Insurance (“CGL”): PROPERTY OWNER shall maintain CGL and shall include coverage for liability arising from PROPERTY OWNER's or its subcontractor’s acts or omissions in the performance of work associated with the Improvements against claims and liabilities for personal injury, death, or property damage providing protection in the minimum amount of: (i) five million dollars ($5,000,000.00) combined single limit each occurrence and either a general aggregate limit of ten million dollars ($10,000,000.00) or a general aggregate limit of five million dollars ($5,000,000) as applied on a “per project” or “per location” basis, or (ii) the maximum amount of such insurance available to PROPERTY OWNER under PROPERTY OWNER's combined insurance policies (including any excess or “umbrella” policies), whichever is greater. a. CGL policy may not exclude explosion, collapse, underground excavation hazard, or removal of lateral support.
b. CGL policy must include blanket contractual and completed operations. c. CGL policy will apply as though separate policies have been issued to each

7 December 2025
insured (“separation of insureds”).
(2) Workers’ Compensation Insurance and Employer’s Liability: PROPERTY OWNER shall maintain Workers Compensation coverage, as required by law. The policy must comply with the requirements of the California Workers’ Compensation Insurance and Safety Act and provide protection 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 PROPERTY OWNER under PROPERTY OWNER's combined insurance policies (including any excess or “umbrella” policies), whichever is greater. If PROPERTY OWNER is self-insured, PROPERTY OWNER must provide its Certificate of Permission to Self-Insure, duly authorized by the Department of Industrial Relations. (3) Automobile Liability: PROPERTY OWNER shall maintain Automobile Liability covering all owned, non-owned and hired automobiles (if PROPERTY OWNER does not own automobiles, then PROPERTY OWNER 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) five million dollars ($5,000,000.00) combined single limit, or (ii) the maximum amount of such insurance available to PROPERTY OWNER under PROPERTY OWNER's combined insurance policies (including any excess or “umbrella” policies), whichever is greater. (4) Pollution (Environmental) Liability: The performance of PROPERTY OWNER's work or service under this Agreement involves handling of hazardous materials, contaminated soil disposal, and/or a risk of accidental release of fuel oil, chemicals or other toxic gases or hazardous materials. PROPERTY OWNER shall procure and maintain Pollution Liability covering PROPERTY OWNER'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) two million dollars ($2,000,000.00) for any one accident or occurrence, or (ii) the maximum amount of such insurance available to PROPERTY OWNER under PROPERTY OWNER's combined insurance policies (including any excess or “umbrella” policies), whichever is greater. (b) Required Endorsements. PROPERTY OWNER shall provide proof of the following endorsements, listed for each policy for which endorsements are required, as outlined below:
(1) ALL Policies:
“Waiver of Subrogation” - Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation it may have against CITY and CITY's elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers. (2) ALL policies except Workers Compensation:
a. “Additionally Insured” - The City of Morgan Hill, its elected or appointed officials,

8 December 2025
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 and at least as broad as ISO Form CG 20 37 for completed operations.

b. “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 selfinsurance and shall be at least as broad as ISO Form CG 20 01. (c) Subcontractors. PROPERTY OWNER must ensure that each subcontractor is required to maintain the same insurance coverage required under this Section 15, with respect to its performance of work associated with the Improvements, including those requirements related to the additional insureds and waiver of subrogation.
(d) 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.
(e) Certificates. PROPERTY OWNER shall furnish CITY with copies of all certificates as outlined herein, whether new or modified, promptly upon receipt. In the event of a claim or legal action, CONSULTANT shall promptly furnish CITY of Morgan Hill with copies of all policies outlined herein.

No policy subject to the PROPERTY OWNER's agreement with CITY shall be reduced, canceled, allowed to expire, or materially changed except after thirty (30) days' notice by the insurer to CITY, unless due to non-payment of premiums, in which case ten days written notice must be made to CITY. 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

16. Fee Credit
(a) PROPERTY OWNER acknowledges and agrees that the CITY will give the PROPERTY OWNER a credit for the actual costs associated with the following public improvements that will be completed by the PROPERTY OWNER, as approved by the City Engineer, which exceed the need directly attributable to and reasonably related to the Development (“Out-of-Tract Improvements”):
(1) Out-of-tract undergrounding of existing overhead utility lines along the south side of Tennant Avenue: approximately 140 feet from the eastern property line of the Development to the terminus of the existing overhead utilities at the existing utility pole fronting the adjacent property to the east with address 800 Tennant Avenue and Assessor’s Parcel Number (APN) 817-08-030; and approximately 130 feet from the centerline of Butterfield

9 December 2025
Boulevard, to the nearest existing utility pole fronting the property to the west with address 600 Tennant Avenue and Assessor’s Parcel Number (APN) 817-08-038. The total approximate length of undergrounding is 985 feet and the total PROPERTY OWNER responsibility shall not exceed $349,711.
(2) Raised landscape median improvements at Tennant Avenue, across the project frontage. The total landscape median credit amount shall not exceed $130,096. (b) The PROPERTY OWNER shall be credited the actual consultant fees, review fees, permit fees, construction costs, and any other associated costs of constructing the Out-of-Tract Improvements as approved by the City Engineer, that it expended beyond the $349,711 PROPERTY OWNER’S responsibility, as follows: for the raised landscape median improvements, in the amount not to exceed the combined amount of the total Traffic Impact Fees due from each individual unit in the Development estimated to be $130,096 and for the undergrounding improvements, in the amount not to exceed the total amount of the Development’s Community Benefit Obligation pursuant to the Settlement Agreement executed by the PROPERTY OWNER and the CITY on June 5, 2024. (c) The CITY shall provide the Fee Credit to the PROPERTY OWNER subject to the following terms and conditions:
(1) Traffic Impact Fee Credit:
a. The CITY shall provide the Fee Credit to the PROPERTY OWNER in the form of credits against the Traffic Impact Fees due from each residential unit. After completion of the Out-of-Tract Improvements, the credits will be applied to the building permit for each residential unit until the full credit amount has been used.

Any Traffic Impact Fees collected thereafter shall be retained by the CITY. b. Traffic Impact Fees credited shall not in any circumstance exceed the cost of the total Traffic Impact Fees due from the Development. (2) Community Benefit Obligation Credit: The CITY shall also provide Fee Credit to the PROPERTY OWNER per residential unit in the form of credits against the Community Benefit Obligation. The CITY’s Engineering Department shall record the credit adjustments. (3) The PROPERTY OWNER shall keep records with complete and correct entries of all construction costs related to the Out-Of-Tract Improvements. These records shall be made available to the CITY for review prior to any credits.

17. Non-Liability of Officials and Employees of CITY. No official or employee of CITY shall be personally liable for any default or liability under this Agreement.

18. Non-Discrimination. PROPERTY OWNER covenants there shall be no discrimination based upon race, color, creed, religion, gender, marital status, age, disability, national origin, or ancestry, in any activity pursuant to this Agreement.

10 December 2025

19. Independent Contractor. It is agreed that PROPERTY OWNER shall act and be an independent contractor, and not an agent or employee of CITY.

20. Compliance with Law. PROPERTY OWNER shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government.

21. Right to Inspect and Inspection Fees. PROPERTY OWNER shall at all times maintain proper facilities and provide safe access for inspection for CITY and its employees to all parts of the Improvements.

PROPERTY OWNER shall pay and reimburse CITY for all expenses incurred by CITY for inspecting and checking all work to be performed under the provisions of the Municipal Code or this Agreement. CITY Engineering plan checking and field improvement inspection costs are included in the Department of Public Works Fee Schedule which may be revised from time to time.

22. Conflict of Interest and Reporting. PROPERTY OWNER shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement.

23. Notices. All notices shall be personally delivered or mailed, via first class mail to the below listed addresses. These addresses shall be used for delivery of service of process, unless another address is designated by the PROPERTY OWNER in the Secretary of State filing. Notices shall be effective five (5) days after date of mailing, or upon date of personal delivery. a. Address of PROPERTY OWNER is as follows:
740 Tennant LP
445 Central Avenue, Suite 200
Highland Park, IL 60035
b. Address of CITY is as follows: With a copy to:

City Engineer City Clerk
City of Morgan Hill City of Morgan Hill
17575 Peak Avenue 17575 Peak Avenue
Morgan Hill, CA 95037 Morgan Hill, CA 95037

24. Property Owner's Representations. This Agreement shall include application or items submitted by PROPERTY OWNER to CITY’S Planning Department, Building Department, Planning Commission, and City Council. In the event of any inconsistency between their representations and this Agreement, this Agreement shall govern.

25. Licenses, Permits and Fees. PROPERTY OWNER shall obtain a CITY Business License, all permits, and licenses as may be required by this Agreement.

26. Familiarity with Improvements. By executing this Agreement, PROPERTY OWNER warrants that: (1) it has investigated the work to be performed, (2) it has investigated the site of the Improvements and is aware of all conditions there; and (3) it understands the difficulties and restrictions of the Improvements under this Agreement. Should PROPERTY OWNER discover any conditions materially differing from those inherent in the Improvements or as represented by CITY, it shall immediately inform

11 December 2025
CITY and shall not proceed, except at PROPERTY OWNER'S risk, until written instructions are received from CITY.

27. Time of Essence. Time is of the essence in the performance of this Agreement.

28. Limitations Upon Subcontracting and Assignment. Neither this Agreement nor any portion shall be assigned by PROPERTY OWNER without prior written consent of CITY.

29. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement.

30. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all such counterparts shall together constitute one and the same instrument.

31. Indemnification. PROPERTY OWNER agrees to protect, and hold harmless CITY and its elective or appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damage to property, or interference with use of property, arising out of, or in any way connected with performance of the Agreement by PROPERTY OWNER, PROPERTY OWNER'S agents, officers, employees, subcontractors, or independent contractors hired by PROPERTY OWNER. The only exception to PROPERTY OWNER'S responsibility to protect, defend, and hold harmless CITY, is due to the sole negligence of CITY. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable.

The policy limits do not act as a limitation upon the amount of indemnification to be provided by PROPERTY OWNER.

32. Modification. This Agreement constitutes the entire agreement between the parties and supersedes any previous agreements, oral or written. This Agreement may be modified on provisions waived only by subsequent mutual written agreement executed by CITY and PROPERTY OWNER.

33. California Law. This Agreement shall be construed in accordance with the laws of the State of California. Any action commenced about this Agreement shall be filed in the central branch of the Santa Clara County Superior Court.

34. Interpretation. This Agreement shall be interpreted as though prepared by both parties.

35. Preservation of Agreement. Should any provision of this Agreement be found invalid or unenforceable, the decision shall affect only the provision interpreted, and all remaining provisions shall remain enforceable.

36. Agreement Runs With the Land. This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the parties. It shall be recorded in the Office of the Recorder of Santa Clara County concurrently with the issuance of the Development Permit and shall constitute a covenant running with the land and an equitable servitude upon the Development real property.

37. Recording. It shall be the responsibility of CITY to cause the executed Agreement to be recorded.

12 December 2025
IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below.
[TWO SIGNATURES ARE REQUIRED FOR CORPORATIONS: (1) CHAIRPERSON OF THE BOARD, PRESIDENT, OR VICE PRESIDENT; AND (2) SECRETARY, ASSISTANT SECRETARY, CHIEF FINANCIAL OFFICER OR ASSISTANT TREASURER.]
ATTEST: THE CITY OF MORGAN HILL
Michelle Bigelow, City Clerk Christina J. Turner, City Manager Date: Date:

APPROVED AS TO FORM: “PROPERTY OWNER”
740 Tennant LP
Donald A. Larkin, City Attorney
Date: By:

Title:

Date:

By:

Title:

Date:

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Santa Clara
On 20____, before me, a Notary Public in
and for said County and State, personally appeared
proved to me on the basis of satisfactory evidence to be the person whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

SIGNATURE OF NOTARY PUBLIC
(ABOVE AREA FOR NOTARY SEAL)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Santa Clara
On 20____, before me, a Notary Public in
and for said County and State, personally appeared
proved to me on the basis of satisfactory evidence to be the person whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

SIGNATURE OF NOTARY PUBLIC
(ABOVE AREA FOR NOTARY SEAL)

EXHIBIT A

IMPROVEMENTS AND

ESTIMATED COSTS OF IMPROVEMENTS
AS OF NOVEMBER 26, 2025

Performance Bond

Version: December 2017
EXHIBIT “B”

FORM OF PERFORMANCE BOND
(100% of Engineer’s Estimate)
Bond No.:

Premium:

Whereas, the City Council of the City of Morgan Hill, State of California, and 740 Tennant LP (hereinafter designated as "principal") have entered into an Improvement Agreement:
740 Tennant LP
740 Tennant Avenue
APN: 817-08-032
740 Tennant Avenue Project
whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated ___________________, 20____, and identified as project 740 Tennant Avenue, is hereby referred to and made a part hereof; and Whereas, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.

Now, therefore, we, the principal and [ENTER SURETY NAME], as surety, are held and firmly bound unto the City of Morgan Hill, hereinafter called ("City"), in the penal sum of Three Million Four Hundred Thirty Four Thousand and Ten dollars ($3,434,010) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The Surety's office is located at_________________________, Telephone No.____________; the Surety is licensed to do business in the State of California; and the California Insurance Agent's License No., address, and telephone number are as follows:

License No.:

Address:

Telephone No.: .

The non-resident agent for the Surety, if any, is a party to the transaction:

Name of non-resident agent:

Non-resident agent's office address:

Telephone No.:

The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement

Performance Bond

Version: December 2017
and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.

Executed this day of 20 .
[Form Document – Do Not Execute]
[Form Document – Do Not Execute]
Principal Principal
By: [Form Document – Do Not Execute]
Surety
By: [Form Document – Do Not Execute]
Attorney-in Fact
By: [Form Document – Do Not Execute]
California Resident Agent
By: [Form Document – Do Not Execute]
Non-resident Agent - Attorney-in-Fact
APPROVED:
[Form Document – Do Not Execute]
Scott Creer, City Engineer
Date: [Form Document – Do Not Execute]
APPROVED AS TO FORM:

By: [Form Document – Do Not Execute]
Donald A. Larkin, City Attorney
Date: [Form Document – Do Not Execute]
(Acknowledgment on following page.)

Performance Bond

Version: December 2017
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Santa Clara
On 20____, before me, a Notary Public in and for
said County and State, personally appeared
proved to me on the basis of satisfactory evidence to be the person whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

SIGNATURE OF NOTARY PUBLIC
(ABOVE AREA FOR NOTARY SEAL)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Santa Clara
On 20____, before me, a Notary Public in and for
said County and State, personally appeared
proved to me on the basis of satisfactory evidence to be the person whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

SIGNATURE OF NOTARY PUBLIC
(ABOVE AREA FOR NOTARY SEAL)

Labor and Material Bond

Version: December 2017
EXHIBIT “C”

FORM OF LABOR AND MATERIAL BOND
(100% of Engineer’s Estimate)
Bond No.:

Premium:

Whereas, the City Council of the City of Morgan Hill, State of California, and 740 Tennant LP (hereinafter designated as "the principal") have entered into an Improvement Agreement:
740 Tennant LP
740 Tennant Avenue
APN: 817-08-032
740 Tennant Avenue Project
whereby the principal agrees to install and complete certain designated public improvements, which agreement, dated ___________________, 20_______, and identified as project 740 Tennant Avenue, is hereby referred to and made a part hereof; and Whereas, under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Morgan Hill, hereinafter called "City," to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California.

Now, therefore, the principal and the undersigned as corporate surety, and their successors and assigns are held firmly bound unto City and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of Three Million Four Hundred Thirty Four Thousand and Ten dollars ($3,434,010), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The Surety's office is located at _________________________,

Labor and Material Bond

Version: December 2017
Telephone No. __________; the Surety is licensed to do business in the State of California; and the California Insurance Agent's License No., address, and telephone number as follows:

License No.:

Address:

Telephone No.: .

The following non-resident agent, if any, for the Surety is a party to the transaction:

Name of non-resident agent: ,
Non-resident agent's office address:

Telephone No.: .

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

Executed this day of 20 .
[Form Document – Do Not Execute]
[Form Document – Do Not Execute]
Principal Principal
By: [Form Document – Do Not Execute]
Surety
By: [Form Document – Do Not Execute]
Attorney-in Fact
By: [Form Document – Do Not Execute]
California Resident Agent
By: [Form Document – Do Not Execute]
Non-resident Agent - Attorney-in-Fact
APPROVED:
[Form Document – Do Not Execute]
Scott Creer, City Engineer
Date: [Form Document – Do Not Execute]
APPROVED AS TO FORM:

By: [Form Document – Do Not Execute]
Donald A. Larkin, City Attorney
Date: [Form Document – Do Not Execute]

Labor and Material Bond

Version: December 2017
(Acknowledgment on following page.)

Labor and Material Bond

Version: December 2017
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Santa Clara
On 20____, before me, a Notary Public in and for
said County and State, personally appeared
proved to me on the basis of satisfactory evidence to be the person whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

SIGNATURE OF NOTARY PUBLIC
(ABOVE AREA FOR NOTARY SEAL)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Santa Clara
On 20____, before me, a Notary Public in and for
said County and State, personally appeared
proved to me on the basis of satisfactory evidence to be the person whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

SIGNATURE OF NOTARY PUBLIC
(ABOVE AREA FOR NOTARY SEAL)

Warranty Bond

Version: April 2019
EXHIBIT “D”

FORM OF WARRANTY BOND
(50% of Cost of Construction)
Bond No.:

Premium:

Whereas, the City Council of the City of Morgan Hill, State of California (hereinafter designated as “City”), and 740 Tennant LP (hereinafter designated as “Principal”) have entered into an Improvement Agreement (hereinafter “Agreement”):
740 Tennant LP
740 Tennant Avenue
APN: 817-08-032
740 Tennant Avenue Project
whereby the Principal agrees to install and complete certain designated public improvements (hereinafter “Improvements”), which said Agreement, dated ___________________, 20_______, and identified as project 740 Tennant Avenue, is hereby referred to and made a part hereof; and
Whereas, under the terms of said Agreement, the Principal is required to furnish a bond to guarantee and warrant the work required by said Agreement for a period of one year following the completion and acceptance by the City of the Improvements, against any defective work or labor performed, or defective materials furnished by Principal.

Now, therefore, we, the Principal and _________________________ as Surety, are held and firmly bound unto the City of Morgan Hill in the penal sum of One Million Seven Hundred Seventeen Thousand and Five dollars ($1,717,005) for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

If Principal faithfully carries out and performs its guarantee and warranty under the Agreement, and, on due notice from City, repairs and make good at its sole expense any and all defects in materials and workmanship in the Project which are discovered during the Warranty Period, or if Principal promptly reimburses City for all loss and damage that City sustains because of Principal’s failure to makes such repairs in accordance with the Agreement requirements, then Surety’s obligations under this Bond will be null and void. Otherwise, Surety’s obligations will remain in full force and effect.

Surety waives the provisions of Civil Code Sections 2819 and 2845. Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement

Warranty Bond

Version: April 2019
or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

Any notice to Surety may be given in the manner specified in the Agreement and delivered or transmitted to Surety as follows:

Attn: _______________________________
Address: ____________________________
City/State/Zip: ________________________
Phone: _____________________________
Fax: _______________________________
Email: ______________________________
This Bond will be governed by California law, and the venue for any dispute pursuant to this Bond will be in the Superior Court of Santa Clara County, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond.

In witness whereof, this instrument has been duly executed by the principal and surety above named.

SURETY: Principal:

Date: [Form Document – Do Not Execute] Date:[Form Document – Do Not Execute] s/ _________________________ s/ _________________________ Name: [Form Document – Do Not Execute] Name: [Form Document – Do Not Execute] Title: ______________________ Title: ______________________ (Attach Acknowledgment with Notary
Seal and Power of Attorney)
APPROVED AS TO FORM:

By: [Form Document – Do Not Execute] Date: [Form Document – Do Not Execute] Donald A. Larkin, City Attorney

Warranty Bond

Version: April 2019
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Santa Clara
On 20____, before me, a Notary Public in and for
said County and State, personally appeared
proved to me on the basis of satisfactory evidence to be the person whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

SIGNATURE OF NOTARY PUBLIC
(ABOVE AREA FOR NOTARY SEAL)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Santa Clara
On 20____, before me, a Notary Public in and for
said County and State, personally appeared
proved to me on the basis of satisfactory evidence to be the person whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

SIGNATURE OF NOTARY PUBLIC
(ABOVE AREA FOR NOTARY SEAL)

SUBSEQUENT DEVELOPMENT REIMBURSEMENT AGREEMENT
740 TENNANT LP
THIS AGREEMENT (this “Agreement”) is made this _____ day of _____________, 2025 by the CITY OF MORGAN HILL, a municipal corporation ("CITY"), and 740 Tennant LP, a California limited partnership ("DEVELOPER") hereinafter referred to collectively as “Parties.” In consideration of the promises and the mutual covenants contained in this Agreement, the Parties agree as follows:

RECITALS
The following recitals are a substantive part of this Agreement:

A. This Agreement is entered into pursuant to City Council approval on ___________, 2025.

B. DEVELOPER is required to design, construct, and install certain public improvements along the new Juan Hernandez Drive extension (the “IMPROVEMENTS’) as part of the development of the 740 Tennant Avenue Project (“DEVELOPMENT”). The IMPROVEMENTS and associated costs are identified on the attached Exhibit “A” (Juan Hernandez Drive Improvements by Developer) which is incorporated into this Agreement by this reference. DEVELOPER represents that it will spend a total of $2,007,530 to construct the IMPROVEMENTS.

C. CITY acknowledges that a portion of the IMPROVEMENTS will benefit the property to the east of the DEVELOPMENT abutting the new Juan Hernandez Drive extension with Assessor’s Parcel Number (APN) 817-08-030 and that is currently developed with an existing single-family residence, as identified in Exhibit “B” (Map of Benefiting Property), which is incorporated into this Agreement by this reference.

D. Consistent with Morgan Hill Municipal Code Section 12.02.120, DEVELOPER has requested that the subsequent developer of the benefiting property reimburse it for a portion of the costs incurred for the IMPROVEMENTS. The total maximum amount subject to possible future reimbursement is $600,390.

AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Term of Agreement. This Agreement shall terminate fifteen (15) years after the date of the execution of this agreement or upon full payment of the reimbursement amount set forth in Section 3.2 below, whichever occurs first.

2. Improvements. The IMPROVEMENTS to be provided by the DEVELOPER are described in Exhibit “A”.

3. Improvement Cost. DEVELOPER will expend the following amount in construction of the IMPROVEMENTS:

3.1 Amount. Two Million Seven Thousand Five Hundred and Thirty Dollars ($2,007,530).

2 3.2 Portion Which May Be Reimbursed. The amount that may be reimbursed to DEVELOPER as set forth in this Agreement is Six Hundred Thousand Three Hundred and Ninety Dollars ($600,390) and shall be referred to as the “Total Maximum Reimbursable Amount.”

3.3 Payment. CITY shall reimburse DEVELOPER in an amount not to exceed the Total Maximum Reimbursable Amount only if and when payment has been made to CITY by subsequent developer of the Benefiting Property in the amount of $600,390. The developer of the Benefiting Property shall be required to pay fees in accordance with Morgan Hill Municipal Code Section 12.02.120. CITY shall forward all reimbursement payments pursuant to this Agreement to DEVELOPER within thirty (30) days of receipt by the CITY.

3.4 Records of Expenses. DEVELOPER is required to keep records with complete and correct entries of all construction costs, design and permit fee costs related to IMPROVEMENTS. These records will be made immediately available to CITY and subject to inspection upon request by the CITY.

4. 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.

5. Non-Discrimination. DEVELOPER covenants there shall be no discrimination based upon race, color, creed, religion, gender, marital status, age, disability, national origin, or ancestry, in any activity pursuant to this Agreement.

6. Independent Contractor. It is agreed upon that DEVELOPER shall act and be an independent contractor and not an agent or employee of CITY.

7. Compliance with Law. DEVELOPER shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government.

8. Conflict of Interest and Reporting. DEVELOPER shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement.

9. Notices. All notices shall be personally delivered or mailed, via first class mail to the below listed addresses. 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. a. Address of DEVELOPER is as follows:
740 Tennant LP
445 Central Avenue, Suite 200
Highland Park, IL 60035
Address of CITY is as follows:

With a copy to:

Public Services Director City Clerk
City of Morgan Hill City of Morgan Hill
17575 Peak Avenue 17575 Peak Avenue
Morgan Hill, CA 95037 Morgan Hill, CA 95037

3 10. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement.

11. Indemnification. DEVELOPER shall indemnify the CITY as outlined in the Subdivision Improvements Agreement between CITY and DEVELOPER for the DEVELOPMENT, executed concurrently with this Subsequent Development Reimbursement Agreement.

12. Modification. 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 subsequent mutual written agreement executed by CITY and DEVELOPER.

13. California Law. This Agreement shall be construed in accordance with the laws of the State of California. Any action or dispute commenced about this Agreement shall be filed in the central branch of the Santa Clara County Superior Court.

14. 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.

15. Preservation of Agreement. Should any provision of this Agreement be found invalid or unenforceable, the decision affected only the provision interpreted, and all remaining provisions shall remain enforceable.

16. Binding Agreement. This Agreement shall bind any and all successors in interest, legal representatives and/or other permitted assignees or transferees of DEVELOPER in the same manner as if those successors in interest, legal representatives or other permitted assignees or transferees had entered into this Agreement originally.

17. Counterpart Signatures. This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement.

IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below.

CITY OF MORGAN HILL "DEVELOPER"
740 Tennant LP
By: By:
_________________________________ _________________________________ Christina J. Turner, City Manager Print Name and Title
Date: ___________________ Date: ___________________

4 ATTEST: APPROVED AS TO FORM:
___________________________________ _________________________________ Michelle Bigelow, City Clerk Donald A. Larkin, City Attorney Date: ___________________ Date: ___________________

5 EXHIBIT “A”

JUAN HERNANDEZ DRIVE IMPROVEMENTS BY DEVELOPER

6 TOTAL COST OF JUAN HERNANDEZ DRIVE IMPROVEMENTS
(with Design & Permit Fees): $1,859,077
MAXIMUM REIMBURSABLE AMOUNT (Benefit to Adjacent Property): $526,164

TOTAL COST OF LEFT TURN INTO JUAN HERNANDEZ DRIVE IMPROVEMENTS (with Design & Permit Fees): $148,453
MAXIMUM REIMBURSABLE AMOUNT(50% of Total Cost of Improvements): $74,226 TOTAL MAXIMUM REIMBURSABLE AMOUNT: $600,390

7 EXHIBIT “B”

MAP OF BENEFITING PROPERTY

City Council
Meeting Minutes
Mark Turner - Mayor
Marilyn Librers - Mayor Pro Tem
Soraida Iwanaga - Council Member
Yvonne Martínez Beltrán - Council Member
Miriam Vega - Council Member
Wednesday, December 3, 2025
6:00 p.m.

Council Chamber Building
17555 Peak Avenue, Morgan Hill, CA 95037

CALL TO ORDER
Mayor Turner called the City Council meeting to order at 6:00 p.m.

ROLL CALL ATTENDANCE
City Clerk Bigelow called the roll.

PRESENT Mark Turner, Marilyn Librers, Soraida Iwanaga, Miriam Vega, Yvonne Martinez Beltran
ABSENT None
Council Member Martinez Beltran joined the meeting at 6:44 p.m. and participated under AB 2449, just cause. She left the meeting at 9:34 p.m.

DECLARATION OF POSTING AGENDA
City Clerk Bigelow declared the posting of the agenda.

SILENT INVOCATION

PLEDGE OF ALLEGIANCE

December 3, 2025
2 CITY COUNCIL REPORTS
Council Member Iwanaga wished everyone a happy Thanksgiving. She reported that she attended the U.S.–Japan International Cities Cohort in San Francisco, where she learned about the innovative ways cities across the country are engaging with their sister-city partners. She noted that several U.S. companies are encouraging young adults to pursue work opportunities in Japan.

She also met with the international committee focused on strengthening U.S.–Japan relations and supporting sister cities in collaborating for greater global impact.

OTHER REPORTS
None.

December 3, 2025
3 CITY MANAGER'S REPORT
City Manager Turner reported that the Buy Local Morgan Hill Holiday Shopping Passport launched on November 3 and will run through December 31. Shoppers can collect stickers for purchases at participating businesses and enter to win prizes. She noted that several local organizations have partnered to present Merry Morgan Hill, a month-long series of holiday events designed to activate Downtown with family-friendly activities and support local commerce.

She announced that the Magical Holiday event will take place on Saturday, December 13, from 2:00–5:00 p.m. at the Magical Bridge Playground, featuring photos with Santa, face painting, crafts, balloon art, resource tables, and performances.

City Manager Turner also shared that Parks and Recreation has launched the Holiday Lights Morgan Hill home décor contest, with an entry deadline of December 9, 2025.

To support local restaurants during the typically slow month of January, she explained that the Economic Development Department, Visit Morgan Hill, and the Downtown Morgan Hill Improvement District will introduce Morgan Hill Foodie Month, running January 5–31, 2026.

She shared that the Budget Team will host a community budget meeting on Wednesday, December 10, at 6:00 p.m. at the Community and Cultural Center to introduce the budget development process and demonstrate the Balancing Act online budget simulation tool.

Lastly, she announced preparations for the City’s 120th anniversary in November 2026, including a public design contest for an official anniversary logo. Submissions are due December 21, 2025, with the winning design to be unveiled the week of January 12, 2026.

CITY ATTORNEY'S REPORT
None.

PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA
Public comment opened at 6:08 p.m.

Ben Palm was called to speak.

With no further requests to speak, public comment closed.

ADOPTION OF AGENDA
MOTION:

Adopting the agenda as posted.

December 3, 2025
4 RESULT: Passed
MOVER: Council Member Vega
SECONDER: Mayor Pro Tem Librers
AYES: Mayor Turner, Mayor Pro Tem Librers, Council Member Iwanaga, Council Member Vega
NAYS: None
ABSTAIN: None
ABSENT: Council Member Martinez Beltran

CONSENT CALENDAR
Items appearing on the Consent Calendar are considered routine and may be approved by one motion. Pursuant to City Council Policies and Procedures (CP 97-01), any member of the Council or public may request to have an item removed from the Consent Calendar for comment and action.

MOTION:

Approving consent calendar items 1 through 5 and 7.

RESULT: Passed
MOVER: Council Member Vega
SECONDER: Council Member Iwanaga
AYES: Mayor Turner, Mayor Pro Tem Librers, Council Member Iwanaga, Council Member Vega
NAYS: None
ABSTAIN: None
ABSENT: Council Member Martinez Beltran

1. ACCEPT THE ANNUAL SENATE BILL (SB) 165 REPORT FOR COMMUNITY FACILITIES DISTRICT NO. 2014-1 (FISHER CREEK)
Recommendation:

Accept and file report.

2. ACCEPT THE CITY'S ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2025
Recommendation:

Accept the City’s Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2025.

3. ADOPT RESOLUTION APPROVING AND MAKING FINDINGS RELATED TO

December 3, 2025
5 THE ASSEMBLY BILL (AB) 1600 DEVELOPMENT IMPACT FEE ANNUAL REPORT FOR FISCAL YEAR 2024-25
Recommendation:

1. Adopt resolution making findings for unexpended development impact fees; and

2. Accept the annual development impact fee report.

4. APPROVE FIRST AMENDMENT TO AGREEMENT WITH CSG
CONSULTANTS, INC. FOR BUILDING PLAN AND FIRE PLAN REVIEW

SERVICES
Recommendation:

Approve and authorize the City Manager to execute and administer the first amendment to the professional services agreement with CSG Consultants, Inc., for Building Division plan review services, increasing by $75,000 for a total of $395,000.

5. APPROVE THE NOVEMBER 19, 2025 CITY COUNCIL MEETING MINUTES Recommendation:

Approve the November 19, 2025 City Council Meeting Minutes.

7. AWARD SERVICE AGREEMENT FOR MATS, LINENS, AND TOWELS SERVICE TO PRUDENTIAL OVERALL SUPPLY IN THE AMOUNT OF $86,000

FOR THE INITIAL TWO-YEAR TERM
Recommendation:

1. Award a service agreement to Prudential Overall Supply in the amount of $86,000 for a two-year term; and

2. Authorize the City Manager to extend the service agreement up to an additional three years for a total term of five years; and

3. Authorize the City Manager to execute and administer the agreement and amendments.

ITEM PULLED FOR DICUSSION

6. AWARD JANITORIAL SERVICE AGREEMENT TO US METRO GROUP, INC.

IN THE AMOUNT OF $814,257 FOR THE INITIAL TWO-YEAR TERM Recommendation:

1. Award a janitorial service agreement to US Metro Group, Inc. in the amount of $814,257 for a two-year term;

December 3, 2025
6 2. Authorize the City Manager to extend the service agreement up to an additional three years for a total term of five years; and

3. Authorize the City Manager to execute and administer the agreement and amendments.

Public Services Director Ghione and Recreation Manager Tucker provided a presentation and report.

Public comment opened at 6:41 p.m. The following people were called to speak:

Nick Firato
Brian Sullivan
Lori Allen
David Dindak
Nick Gaich (Zoom) on behalf of the Morgan Hill Chamber of Commerce With no further requests to speak, public comment closed.

MOTION:

Approving the recommended actions.

RESULT: Passed
MOVER: Council Member Iwanaga
SECONDER: Council Member Vega
AYES: Mayor Turner, Council Member Iwanaga, Council Member Martinez Beltran, Council Member Vega
NAYS: Mayor Pro Tem Librers
ABSTAIN: None
ABSENT: None
The meeting recessed at 7:23 p.m. and reconvened at 7:31 p.m.

OTHER BUSINESS

8. RECEIVE REPORT REGARDING REGULATION OF STREET AND MOBILE

VENDORS
Recommendation:

Receive City staff report and provide policy direction.

Economic Development Director Mahood provided a presentation and report.

Public comment opened at 8:13 p.m. The following people were called to speak:

David Dindak on behalf of the Downtown Association
Armando Benavides (Zoom)
Nick Gaich (Zoom) on behalf of the Chamber of Commerce

December 3, 2025
7 With no further requests to speak, public comment closed.

MOTION:

Directing staff to come back with a policy regarding food trucks and food carts, similar to Mountain View or Los Gatos
RESULT: Passed
MOVER: Mayor Turner
SECONDER: Council Member Iwanaga
AYES: Mayor Turner, Mayor Pro Tem Librers, Council Member Iwanaga, Council Member Vega
NAYS: Council Member Martinez Beltran
ABSTAIN: None
ABSENT: None

PUBLIC HEARINGS

9. ADOPT A RESOLUTION TO ADD A HEALTHY NEIGHBORHOODS FOR ALL ELEMENT (GENERAL PLAN AMENDMENT GPA2024-0002) TO THE TEXT OF THE MORGAN HILL 2035 GENERAL PLAN IN COMPLIANCE WITH CALIFORNIA SENATE BILL 1000
Recommendation:

1. Open/Close the Public Hearing; and

2. Adopt a Resolution approving an amendment to the Morgan Hill 2035 General Plan to add a Healthy Neighborhoods for All Element.

Principal Planner Paszkowski provided a presentation and report.

The public hearing opened at 9:18 p.m. The following people were called to speak:

Teddy Daligga on behalf of the Santa Clara County Health Department Jesus Beccera
Jocelynne Leon (Zoom)
Sendy Ramirez
With no further requests to speak, the public hearing was closed.

MOTION:

Approving the recommended actions.

RESULT: Passed
MOVER: Council Member Vega
SECONDER: Council Member Martinez Beltran

December 3, 2025
8 AYES: Mayor Turner, Mayor Pro Tem Librers, Council Member Iwanaga, Council Member Martinez Beltran, Council Member Vega
NAYS: None
ABSTAIN: None
ABSENT: None
Council Member Martinez Beltran left the meeting at 9:34 p.m.

10. ADOPT A RESOLUTION TO AMEND THE TEXT OF THE NATURAL

RESOURCES AND ENVIRONMENT ELEMENT (GENERAL PLAN
AMENDMENT GPA2024-0004) OF THE MORGAN HILL 2035 GENERAL PLAN IN COMPLIANCE WITH CALIFORNIA SENATE BILL 1425
Recommendation:

1. Open/Close the Public Hearing; and

2. Adopt a Resolution approving an amendment to the Natural Resources and Environment Element of the Morgan Hill 2035 General Plan.

Principal Planner Paszkowski provided a presentation and report.

The public hearing opened at 9:43 p.m. With no requests to speak, the public hearing closed.

MOTION:

Approving the recommended actions.

RESULT: Passed
MOVER: Council Member Vega
SECONDER: Council Member Iwanaga
AYES: Mayor Turner, Mayor Pro Tem Librers, Council Member Iwanaga, Council Member Vega
NAYS: None
ABSTAIN: None
ABSENT: Council Member Martinez Beltran

FUTURE COUNCIL INITIATED AGENDA ITEMS
None.

ADJOURNMENT
There being no further business, Mayor Turner adjourned the meeting at 9:43 p.m.

December 3, 2025
9 Minutes Prepared by:

Michelle Bigelow, City Clerk

6 CITY COUNCIL STAFF REPORT
MEETING DATE: December 17, 2025
PREPARED BY:

Chris Ghione, Public Services Director
APPROVED BY: City Manager

APPROVE A SERVICE AGREEMENT WITH CATHOLIC CHARITIES OF

SANTA CLARA COUNTY FOR SOUTH COUNTY YOUTH TASK FORCE
YOUTH SUPPORT SERVICES FOR A TOTAL AMOUNT OF $135,531

RECOMMENDATION(S)

1. Authorize the City Manager to execute, administer, and further negotiate an agreement with Catholic Charities of Santa Clara County in the amount of $135,531 for the provision of youth support services in association with the South County Youth Task Force;

2. Authorize the City Manager to extend this agreement for two additional one year terms should funding be available and appropriated within future fiscal year budgets;

3. Authorize the City Manager to execute, negotiate, and administer any required agreements with the Morgan Hill Unified School District to receive funding for services associated with the South County Youth Task Force; and

4. Adopt a resolution amending the FY 2025/26 Operating Budget to increase revenue and expenses by $40,000 in the General Fund.

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) is a regional, cross-sector collaborative established in 2012 to address youth violence, gang involvement, and disconnection in South Santa Clara County. Founded as a partnership between the Cities of Gilroy and Morgan Hill, local school districts, and Santa Clara County, the collaborative exists to coordinate resources and efforts in implementing its work plan. The District Attorney's

6 Office serves as the lead department for Santa Clara County. The primary purpose of the task force is to empower youth to thrive by fostering a safe community through evidence-based prevention and intervention strategies.

The District Attorney's Office and Morgan Hill Unified School District have committed to provide funding to the City of Morgan Hill to fund support services in schools and within the community that advance the efforts of the task force. To implement this effort, the City issued a Request for Proposals (RFP) with the intent to contract with one or more community organizations in the following primary service areas:
• Prosocial Programming (Open Gym/Late Night Gym)
• School-Based Prosocial Activities
• Youth Groups
• Case Management
More details on each of these areas as well as ancillary services requested can be found in the RFP document (Attachment 2).

Following issuance of the RFP in late October 2025, the City received 5 proposals from the following organizations: Positive Alternative Recreation Teambuilding Impact (PARTI), Pacific Clinics, Catholic Charities of Santa Clara County, Carla Alonzo, and New Hope for Youth. Two organizations proposed providing all the primary service areas, two organizations proposed providing two of the primary service areas, and one organization proposed providing one of the primary service areas. A committee of staff representing the City, the Morgan Hill Unified School District, and District Attorney's Office reviewed and scored the proposals. The proposal scoring is outlined in Attachment 1. Catholic Charities was the highest scoring organization in all the primary service areas and City staff is recommending an agreement with Catholic Charities to provide these services. This agreement is included as Attachment 3.

COMMUNITY ENGAGEMENT:

Consult
No direct outreach was made to the community in relation to the RFP solicitation.

However, significant outreach was done in the development of the SCYTF Strategic Plan for 2023-2026, called Project II THRIVE. The RFP was directly designed to implement the Strategic Plan, which was developed through a comprehensive engagement process with South County community and local stakeholders, using restorative listening circles. In solicitation of respondents the RFP was posted on the City website and the City, MHUSD and District Attorney's Office used numerous lists of organizations to communicate the RFP posting.

ALTERNATIVE ACTIONS:

The City Council could choose not to authorize the agreement and/or provide alternate direction to City staff.

6 PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

In June 2025, during the mid-cycle budget review process, the City Council amended the FY 2025/26 Operating budget to include $100,000 in expense and revenue for this program. Additionally, the City Council authorized 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.

FISCAL AND RESOURCE IMPACT:

The City currently has $100,000 budgeted in the Recreation Division (010.2180.42231) for this expense. This funding is provided via the District Attorney's Office. Additionally, the Morgan Hill Unified School District will be providing approximately $40,000 in additional funding. This additional funding was not included in the budget and therefore a budget amendment for an additional $40,000 in expense and revenue is necessary.

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.

Attachment 1 - Proposal Scoring
Scoring Criteria
General Criteria for All Areas
Weight PARTI
Average Scores
Catholic Charities
Average Scores
Pacific Clinics
Average Scores
Carla Alonzo
Average Scores
New Hope for
Youth
Average Scores
Qualifications - Demonstrated professional quality on
similar projects and past experience.
20 12.7 14.7 16.0 12.0 12.7
Experience of personnel/staff. 10 5.7 7.7 7.3 5.7 5.3
Quality of proposal. 5 3.2 4.3 3.7 3.7 3.2
Ability to provide Ancillary Services in componiation with Primary Services Proposed
15 7.4 11.5 9.5 7.9 9.4
Budget and Cost Proposal 20 8.7 14.3 10.0 12.0 6.7
Individual Service Areas
Ability to Provide Primary Service 1 - Prosocial
Programming/Late Night Gym
30 NA 23.3 NA NA NA
Ability to Provide Primary Service 2 - School Based
Prosocial Activities
30 NA 22.7 NA NA NA
Ability to Provide Primary Service 3 - Youth Groups 30 15.0 23.0 19.0 20.3 18.0 Ability to Provide Primary Service 4 -Case Management 30 15.7 19.0 21.7 NA 18.0 Total Score for Consultant to Provide Primary Service 1 100 50.2 75.8 NA NA NA Total Score for Consultant to Provide Primary Service 2 100 55.8 75.2 NA NA NA Total Score for Consultant to Provide Primary Service 3 100 52.5 75.5 65.5 61.5 55.2 Total Score for Consultant to Provide Primary Service 4 100 53.2 71.5 68.2 NA 55.2 Total Score by Area of Service (Total of General Criteria added t the individual score for each primary service area)

1 CITY OF MORGAN HILL REQUEST PROPOSALS (RFP)

SOUTH COUNTY YOUTH TASK FORCE YOUTH SERVICES
SEPTEMBER 2025
The City of Morgan Hill is seeking proposals from qualified organizations to provide professional services and programming in the areas of youth support services, youth violence prevention, and/or youth recreation/activities programming. The City is conducting the RFP and will facilitate this programming in support of and in partnership with the South County Youth Task Force (SCYTF) and with significant involvement/support from the Morgan Hill Unified School District (MHUSD).

About the South County Youth Task Force
The SCYTF is a regional partnership dedicated to serving, supporting, and uplifting our youth in South Santa Clara County (Morgan Hill, Gilroy, and the unincorporated area of San Martin). This collaboration includes local governments, school districts, community and faith-based organizations, and law enforcement agencies. SCYTF’s work is guided by its Mission, “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”, and Vision, “A community that is safe and free of youth violence where young people are strong, thriving and connected to their families, schools, and neighborhoods.” For more information about SCYTF please visit www.SCYouthTHRIVE.org.

Project Description and Target Populations
The City and SCYTF intend for programs and services provided through contracted organizations to be targeted for vulnerable elementary/middle/high school students and young adults between the ages of 9 and 24 of any agender or non-binary identity that reside within the City of Morgan Hill, the unincorporated area San Martin, or attend school within the MHUSD. Additionally, program and services will target youth who may be impacted by the following:
• Facing high disparities such as poverty, food insecurity, gang exposure, violence, and/or drug exposure
• Are on probation or impacted by gang involvement
• Fall within the spectrum of At-Promise (At-Risk) to High-Promise (High-Risk) Youth Scope of Services
The City of Morgan Hill, in collaboration with MHUSD and the South County Youth Task Force (SCYTF), seeks qualified organizations to provide youth-focused, prosocial programming, case management, and related services to reduce youth violence and promote positive youth development.

Section 1. Primary Service Areas

1. Prosocial Programming (Open Gym/Late Night Gym)
Provide a weekly outside of school hours recreation program focused on the target youth in middle school and high school. The program should be designed using the late night gym model to provide structured outlets for youth to use their energy while providing wrap around services beyond sports and physical fitness.

Target Participant Levels – Average 30 youth attending weekly

2 Desired Hours – 3 hour sessions, Fridays or Saturdays Outside of School Hours Location – Centennial Recreation Center or alternative location Required Data: Attendance (unduplicated & duplicated individuals), demographics, pre/post/retrospective surveys
Note: City shall provide use of the Centennial Recreation Center Teen Center, Gymnasium, and/or other facilities during program hours based on availability and mutually agreed upon.

2. School-Based Prosocial Activities
Provide outside of school hours recreation program focused on targeted youth in middle and high school that is NOT open gym or late night gym programming.

Events must be regularly scheduled on days Wednesday, Thursday, Friday, and/or Saturday after school hours, 3-4 times per month.

Examples of no-cost prosocial activities acceptable for this requirement: soccer/futsal night, music classes, art classes, other structured sports/physical activities.

Target Participant Levels – Average 30 youth attending per session Desired Hours – 3 hour sessions, Wed-Sun after school hours Location – Rotating location at MHUSD facilities, will be calendarized near start of program to ensure equitable rotation
Required Data: Attendance (unduplicated & duplicated individuals), demographics, pre/post/retrospective surveys

3. Youth Groups
Provide evidence-based, culturally responsive youth groups at identified secondary sites to support the development of life skills for target youth. These groups will be ad hoc, expected up to two 6-8 week groups during this contract Target Participant Levels – 10-12 youth per groups
Location – MHUSD secondary school sites
Required Data: Attendance (unduplicated & duplicated individuals), demographics, pre/post/retrospective surveys
Group Meetings – Weekly per school site to be scheduled regularly over the school year Curriculum – Must be pre-approved by SCYTF and MHUSD

4. Case Management
Providing case management, life coaching, and intervention support for middle and highschool-age youth will be the primary purpose in this service area. Youth shall be identified and referred to the program by the MHUSD on an as-needed basis.

Target Participant Levels – Up to 6 youth for 6 months, as-needed Location – MHUSD middle and high schools

3 Required Data: Unduplicated & duplicated individuals, demographics, pre/post/retrospective surveys
Service area-specific reporting requirements:
○ Maintain written individual client files documenting progress, assessments, and service plans.
○ Issue and document retrospective surveys to assess service effectiveness.

Section 2. Ancillary Service Requirements

1. Peer-to-Peer Support
Plan and implement school-based peer-to-peer programs to foster empathy and community building, and promote healthier social interactions among middle school and high school students.

2. Student Leadership Development
Partner with MHUSD and SCYTF to provide MHUSD students with learning opportunities to empower their lives as they grow within the program and take leadership opportunities within their schools and communities.

3. Outreach, Linkage, and Referral
Provide on-site staff at identified school sites to support outreach linkage at identified schools to support participation in and referral to the Primary Service Areas. Provide connections to relevant community services and resources as appropriate.

4. Secondary Crisis Response
Support identified schools in maintaining a positive, restorative, and safe culture, particularly for youth referred to the case management program.

Provide crisis response and intervention before, during, or after school, and/or in the community as requested by MHUSD, SCYTF, and/or the City of Morgan Hill. Activities may include outreach, restorative circles, one-on-one support, and participation in MultiDisciplinary Team meetings (MDTs) or youth advocacy sessions. Crisis Response and Intervention Support can happen before, during, or after school, and/or in the community.

Section 3. Collaboration Expectations

1. Collaboration and Participation
a. Participate in Monthly SCYTF Technical Team, Multi-Disciplinary Team (MDT) meetings and participate in Violence Disruption meetings as needed. b. Lead or co-chair at least one (1) Tech Team subcommittee. c. Collaborate with the MHUSD, City of Gilroy, GUSD, SCYTF South County Technical Team, and other local partners that have an SCYTF MOU, to advance shared goals of violence prevention, neighborhood safety, and restorative practices.

4 Section 4. Program Evaluation and Reporting

1. Program Evaluation and Reporting
a. Serve at minimum the targeted youth in identified Primary Service Areas across all services using the City-provided Units of Service Workbook. b. Conduct entrance and exit surveys to measure changes in behavior, attitudes, and overall well-being.
c. Submit the following documentation regularly:
i. Monthly calendars of programs/activities
ii. Sign-in sheets
iii. Survey results (pre/post and/or retrospective)
iv. Narrative and data-driven reports
v. Monthly updates to SCYTF Administration and Schools
vi. Any other requested measurable deliverables
Section 5. Outreach and Branding Support

1. Outreach and Branding Support
a. Coordinate with the SCYTF Administration Team, City or Morgan Hill, and Monthly MDTs, for outreach, collaboration, and co-branded activities and materials.
b. Post all workshops and event flyers pertaining to this work on the SCYTF website. c. Work to further the goals and efforts of building a restorative community and preventing and de-escalating youth violence and anti-social behaviors in South County.

Funding
Through the partnership with the SCYTF and MHUSD, the City has approximately $140,000 available for all areas of the Scope of Service. The City intends to fund all three Primary Service Areas using this available funding. Proposed budgets should reflect this available funding.

Funding is provided through the SCYTF’s multi-agency membership framework. Consultants must either have or agree to enter into a Memorandum of Understanding (MOU) with SCYTF to become an active participant of the Technical Team.

CITY and PARTNER Responsibilities
City shall furnish such information as is reasonably required for supporting programs and services when requested in writing by the consultant. City shall make best effort to obtain information from SCYTF and MHUSD to support timely response to information requests.

City shall provide facilities for Late Night Gym programming. MHUSD shall provide onsite meeting space for onsite school programming and services.

5 City shall provide prompt notice to the consultant if City becomes aware of any fault or defect in the Project, including any errors, omissions, or inconsistencies in the Consultant’s work.

Additional Questions on Scope
Any additional questions regarding this RFP may be sent to:

[email protected]
Questions must be submitted by 5:00 p.m. on November 7, 2025. Question submitted after this deadline will not be responded to.

Qualifications
The organization must have demonstrated expertise in successfully managing and completing like projects for agencies similar to Morgan Hill.

Insurance and Indemnification
The organization selected for the Project must provide the City with evidence of insurance coverage acceptable to the City's Risk Manager. Insurance and indemnification requirements are outlined in the City’s Agreement (Attachment 2). Special attention shall be given to the Indemnification Requirement Section included in the Agreement as these provisions are a requirement.

Required Licenses
The successful consultant will be required to obtain a City of Morgan Hill Business License.

Draft Project Schedule
October 27, 2025 RFP Release Date
November 7, 2025 Last Day to submit questions
November 12, 2025 Responses to questions posted on City website November 21, 2025 Proposals Due (5:00pm)
December 1-15, 2025 Contract(s) Awarded
January 1, 2025 Begin Project
Complete Project June 30, 2026
Proposal Format
Please follow the format requested below, and present the information in the order listed. All requested information must be provided in the proposal document. Do not provide links to documents on websites or shared folders.

The proposal shall be a maximum of 24 pages (12 double sided pages), not including resumes and required attachments, with a minimum font size of 12, and will include the following information:

A. Cover/Transmittal Letter
This letter should provide a brief introduction to your organization and proposal AND acknowledgement of any addenda issued as part of the RFP.

B. Please provide the following information relating to your organization:

6  Organization name, telephone number, e-mail, and mailing address.  Name of person in your organization whom we should contact about your proposal.  Number of years the organization has been in business.  Type of organization: non-profit, individual, sole proprietorship, partnership, corporation, other (please specify).
 Year organization was established.
 List of officers of the organization.
 List any lawsuits or arbitration proceedings that have been initiated by or against your organization in the past five years. Briefly state the nature of the action and the outcome.

C. Qualifications Statement
 Provide a brief statement on the qualifications your organization possesses that demonstrate the organization’s ability to complete the scope of work for each of the Primary Areas of Service your agency is applying to provide.
 Provide a list of similar programs or services your organization is currently working on or have previously provided.
 Tell us anything else about your organization that might assist us in making this selection.

Why do you feel your organization is especially qualified to be engaged by the City in providing these programs and services?
D. Project Understanding and Desired Areas of Service
 Clearly identify which Primary Areas of Service your organization intends to provide.  Provide a statement indicating your overall understanding of the scope of work and possible constraints, and a brief explanation of your program management and service design approach.

E. Scope of Work
 Describe your proposed approach to be used in completing the Scope of Work. Include details on all Primary Areas of Service that your organization is proposing to provide as well as Ancillary Service Requirements.
 Provide a preliminary calendar/schedule for the work to be completed, including all deliverables.

F. Responsible Personnel
List the key staff involved in overseeing and providing services and program management.

Provide organizational chart. Provide resumes of responsible personnel (not included in page count).

G. Project Budget and Fee
 Provide total project cost to offer each of the Primary Areas of Service individually and any discounted costs if offering multiple Areas of Service.  Provide a total project budget along with a descriptive budget narrative for all the project costs associated with the scope of work. The prices shall include direct costs associated with personnel cost and overhead such as, but not limited to, project management, transportation, communications, and any subcontracted items of work.

Program supplies and program incentives for youth participants should be part of this price.

7 H. Exceptions
Organization must submit all exceptions to this RFP with its proposal, clearly identifying the exception, including the page number and section number, as appropriate. Consultant should note that the submittal of an exception does not obligate the City to revise the terms of this RFP or any resulting agreement. The City will not consider any exceptions that are not identified in the proposal. Significant exceptions to the RFP and/or City template agreement may result in the proposal being disqualified.

I. Wage Theft Certification
Consultant is required to complete the Wage Theft Certification and include it in the proposal package. (This certification will not count towards the page limit.) Proposal Submission
All proposals should be submitted electronically by 5:00pm on Friday, November 21, 2025 to:

Jennie Tucker, Recreation Manager, at [email protected].

This Request for Proposal is not a contract or a commitment of any kind by the City of Morgan Hill and does not obligate the City to award a contract or pay costs incurred for the preparation and submission of a proposal. All proposals will become the property of the City of Morgan Hill.

Public Records Act
All responses to this RFP will become public records after notice of intent to award under the California Public Records Act (Cal. Government Code section 7920.000 et seq.). All documents that you send to the City will be subject to disclosure if requested by a member of the public.

Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City of Morgan Hill may not be in a position to establish that the information that a consultant submits is a trade secret. If you believe that there are portion(s) of your proposal which are exempt from disclosure under the Public Records Act, you must mark it as such and state the specific provision in the Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. Do no mark your entire proposal as “confidential.” If a request is made for information marked “Confidential”, “Trade Secret” or “Proprietary”, the City will provide consultants who submitted the information with reasonable notice to seek protection from disclosure by a court of competent jurisdiction. The City will not be responsible for any legal or other costs incurred by consultant seeking to shield a portion of their proposal from public disclosure.

Selection Criteria
The following criteria are among those, but not limited to, which will be used to evaluate the proposals and subsequent interviews:
- Demonstrated ability to provide the Scope of Services - Experience of personnel assigned to and overseeing programs and services - Past experience providing similar programs and service successfully - Review of references
- Quality of the proposal
- Fee proposals are complete and within available budget

General Terms and Conditions

1. Proposals will be evaluated by City, SCYTF, and MHUSD Staff.

8 2. The City may or may not conduct interviews with consultants as part of the proposal evaluation process.

3. The City reserves the right, acting in its sole discretion, to waive proposal irregularities and to reject any and all proposals.

4. The City reserves the right to modify the scope of the Project at any time based on the best interests of the City, SCYTF, and/or MHUSD.

5. All documents, drawings, and findings (regardless of format) that are associated with this project shall be the property of the City of Morgan Hill.

6. Proposals shall remain effective for ninety (90) days beyond the submittal date.

7. Consultant Agreement will be the City’s Agreement (Attachment 2). All consultants are expected to have read and understand the attached Agreement, and the consultant selected through the RFP process will be expected to execute a formal Agreement with the City of Morgan Hill for the provision of the requested service as set forth in the sample agreement attached to this RFP. Submission of a signed proposal will be interpreted to mean consultant has agreed to all the terms and conditions set forth in the pages of this RFP and the standard provisions included in the attached Agreement.

8. Any addenda issued prior to Due Date and Time shall constitute part of the Contract documents. The City reserves the right to issue addenda prior to Due Date and Time. All addenda must be acknowledged in the proposal.

Attachments/Links:

1. Wage Theft Certification Form

2. Template Consultant Agreement – Link at:
https://www.morganhill.ca.gov/DocumentCenter/View/55663/SCYTF-Thrive-Funds--- Agreement-Template-with-Exhibits

9 Attachment 1 – Wage Theft Certification
Wage Theft Prevention Bid Certification
(To be executed by proposer and submitted with proposal) All Proposers are expected to have read and understand the “Wage Theft Prevention Policy” adopted on July 26, 2017. which can be found at http://www.morgan-hill.ca.gov/1061/Council-Policy-by-Number The undersigned Proposer hereby certifies that Proposer and its principals have ☐, have not ☐, been found by a final court judgement or final administrative action of an investigatory agency to have violated federal, State, or local wage and hour laws within the past five years from the date of the submitted bid or proposal. For each disclosed violation, the Proposer shall provide a copy of (i) the court order and judgment and/or final administrative decision; and (ii) documents demonstrating either that the order/judgment has been satisfied, or if the order/judgment has not been fully satisfied, a written and signed description of Proposer’s efforts to date to satisfy the order/judgment. The completed Certification shall be submitted by the Proposer to the City as a part of its proposal. The City, at its sole discretion, may disqualify a Proposer based on one or more disclosed judgments consistent with the criteria set forth in the Policy.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this certification is executed on [date], at
[city],
[state].

Signature
Print Name and Title
Company

THIS FORM MUST BE USED WHEN SUBMITTING PROPOSAL

1 SERVICE AGREEMENT BETWEEN

THE CITY OF MORGAN HILL AND CATHOLIC CHARITIES OF SANTA CLARA COUNTY

FOR SOUTH COUNTY YOUTH TASK FORCE YOUTH SUPPORT SERVICES THIS AGREEMENT is entered into and becomes effective on (Effective Date) by and between the CITY OF MORGAN HILL, a municipal corporation, (“CITY”) and Catholic Charities of Santa Clara County, a California non-profit corporation (“PROVIDER”), hereinafter referred to collectively as “Parties.” In consideration of the mutual covenants contained in this Agreement, the Parties agree as follows:

RECITALS
The following recitals are a substantive part of the Agreement:

1. WHEREAS Supporting our youth is an ongoing City Council Priority; and

2. WHEREAS CITY entered into an agreement with the County of Santa Clara Office of the District Attorney 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 (Project II THRIVE), and South County Health Equity Access for all LeaderShip Initiative! (SC HEALS!); and

3. WHEREAS Project II THRIVE and SC HEALS! 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 parents’ leadership and capacity building within South Santa Clara County; and

4. WHEREAS PROVIDER delivers services to improve the quality of life for youth and families in South County; and,

5. WHEREAS PROVIDER submitted a timely application that was reviewed by CITY, that described how the proposed services furthered the SCYTF, Project II THRIVE, and SC HEALS! Initiatives in South Santa Clara County;
NOW, THERFORE, for mutual consideration the receipt and sufficiency of which is hereby acknowledged by the Parties hereto, the Parties hereby agree as follows:

AGREEMENT

1. City Authority. This Agreement is entered into pursuant to the authority of the City Manager pursuant to Chapter 3.04 of the Morgan Hill Municipal Code to provide funding to PROVIDER to support the services further outlined in Exhibit A (“Scope of Services”).

2. Term of Agreement. The term of the Agreement shall be from the date executed through June 30, 2026. The term of this Agreement may be extended by mutual consent of the Parties. Any such extension shall be in writing and signed by both Parties to this Agreement.

3. Scope of Services. The services to be provided by PROVIDER shall be providing youth support services as further described in Exhibit A (“Scope of Services”).

4. Compensation. PROVIDER shall be compensated as follows:

4.1. Amount. $135,531. Total compensation to PROVIDER under this Agreement during the term

2 set forth above shall not exceed One Hundred Thirty Five Thousand Five Hundred Thirty one dollars and shall be billed based on the basis set forth in Exhibit B (“Schedule of Payment”).

4.2. Billing. PROVIDER shall provide CITY with an invoice containing the dated, detailed, and itemized descriptions of all services performed and expenses incurred (if such expenses are reimbursable pursuant to Exhibit B) by PROVIDER on a monthly basis unless otherwise specified in Exhibit B. All invoices shall be sent to the CITY addressed to the project manager or their designee as identified below in Section 14 Notices. Payment will be made to PROVIDER within thirty (30) days of receipt of invoice by CITY. CITY shall pay for services and expenses (if so provided in Exhibit B) up to the limit of compensation set forth above.

Services for work performed and expenses incurred in excess of the total compensation set forth in paragraph 4.1 above shall be at no cost to CITY.

5. Reporting. PROVIDER shall submit a report to CITY monthly and quarterly within 10 days. This report shall include pertinent information related to the funded services including where and when services were provided, records of how the funds were used, and demographics and metrics on the participants as detailed in Exhibit A (“Scope of Services”).

6. Facility Use & Scheduling: CITY shall support PROVIDER in delivering services by coordinating use of CITY facilities.

6.1. Facilities. The Parties hereto acknowledge that CITY is the owner of multiple facilities, including the Centennial Recreation Center located at 171 West Edmundson Avenue, Morgan Hill, CA 95037; and the Community and Cultural Center located at 17000 Monterey Road, Morgan Hill, CA 95037 (“Facilities”). CITY desires to provide program space at the Facilities to organizations that provide free or low-cost services to youth and teens.

6.2. Permitted Use. CITY agrees to permit PROVIDER to use the specific areas of the Facilities for its services, further outlined in Exhibit A, for the purposes, in the locations and manner, and subject to the terms and conditions described in this Agreement in fulfillment of the services.

6.3. Cancellation of Scheduled Use. CITY reserves the right to adjust, reschedule, and cancel scheduled facility use of PROVIDER at any time. CITY shall make its best effort to provide advance notice to PROVIDER but shall not be required to provide advance notice. PROVIDER shall not be permitted to use the Facilities for any other purpose. The areas of the Facilities permitted for use by PROVIDER shall be included in the approved schedule and use shall be allowed at the sole discretion of CITY.

6.4. Scheduling of Programs. PROVIDER shall develop a schedule for programs to occur in coordination with CITY staff. Schedules shall be approved by an authorized representative of CITY. CITY appoints Recreation Coordinator, Recreation Manager, and Public Services Director as authorized representatives.

6.5. “As Is” Condition. PROVIDER accepts the Facilities permitted for its use under the Agreement in its present condition, “as is” and subject to (1) all easements, covenants, conditions, restrictions, reservations, rights of way, liens, encumbrances, and other matters of record, (2) all matters discoverable by physical inspection of the Facilities or that would be discovered by an accurate survey of the Facilities, and (3) all matters known to PROVIDER or of which PROVIDER has notice, constructive or otherwise. The taking of possession of the Facilities shall, in itself, constitute acknowledgment by PROVIDER that the Facilities is in a

3 condition satisfactory for its use and that CITY has not agreed to undertake any modifications, alterations, or improvements to the Facilities except as specifically provided in this Agreement.

PROVIDER specifically acknowledges that, except as otherwise may be expressly provided herein, CITY has made no representations concerning the condition of the Facilities, the fitness of the Facilities for PROVIDER’s intended use, or the compliance of the Facilities with any federal, state, or local building codes or ordinances or with any laws, regulations, or guidelines regarding disabled or handicapped person, including, without limitation, the Americans with Disabilities Act of 1990.

6.6. PROVIDER’s Property. Any and all property belonging to or brought onto the Facilities by PROVIDER or any of its officers, employees, agents, invitees, or licensees, shall be at the sole risk of PROVIDER. Property shall be removed daily unless otherwise authorized in writing by one of the CITY’s authorized representatives.

6.7. Waste. PROVIDER shall not commit, nor permit to be committed, any waste upon the Facilities or carry on any nuisances or illegal activities at the Facilities. Damage to the Facilities caused by PROVIDER or their participants shall be repaired at PROVIDER’s expense.

6.8. Rules and Regulations. PROVIDER covenants and agrees to observe and comply with all rules and regulations of CITY, including all safety, security, and operations directives of CITY’s authorized representatives, which now exist or may hereafter be promulgated from time-totime governing conduct on and operations at the Facilities.

6.9. Waiver of Damage. PROVIDER hereby expressly waives and releases any cause of action or right of recovery for compensation for any and all loss or damage sustained by reason of any fire, defect, deficiency, or impairments of any of the services in or to the Facilities or CITY, including, but not limited to, 1) electrical power, gas, telephone service, steam, heating, air conditioning, water supply, drainage, or sewage systems, 2) from wires leading to or inside of any space or structure, or 3) by reason of any loss resulting from the failure of any such system or facility, unless such loss or damage is due to the sole negligence or willful misconduct of CITY or its officers, agents, or employees.

7. Termination. CITY or PROVIDER shall have the right to terminate this Agreement, without cause, by giving thirty (30) days' written notice or less under urgent circumstances. Upon such termination, PROVIDER shall submit to CITY an itemized statement of services performed for which compensation has not been paid. CITY may require PROVIDER to complete certain work product or documents and PROVIDER shall deliver to CITY all documents in its possession without additional compensation to PROVIDER. The City Manager of CITY is authorized to terminate this Agreement, in whole or in part, on behalf of CITY.

7.1. 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 PROVIDER of such occurrence, and this Agreement shall terminate after the last day during the fiscal year for which appropriations shall have been budgeted for CITY or are otherwise available for payments.

8. Document Review and Audit. PROVIDER shall maintain records related to the services provided and expenditure of funds for a period of at least three years after receipt of final payment under this Agreement.

CITY shall have the right to examine, monitor and audit (hereinafter “review”) all records, documents,

4 conditions, and activities of PROVIDER related to services under this Agreement. CITY shall provide at least 15 days’ notice of its intent to review the records, and the review shall take place at PROVIDER offices. CITY agrees to review the records only, unless said review is performed as part of audit as described herein.

Pursuant to Government Code Section 8546.7, because 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.

9. Insurance Requirements. PROVIDER shall procure and provide proof of the insurance coverage required by this section in the form of certificates and endorsements. The required insurance must cover the activities of PROVIDER, including its subcontractors, employees and agents, relating to or arising from the performance of any work or service under this Agreement, and must remain in full force and effect at all times during the period covered by this Agreement. The coverages may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or “umbrella” policies, provided each such policy complies with the requirements set forth herein.

Any deductibles or self-insured retentions must be declared to and approved by CITY. PROVIDER further understands that CITY reserves the right to modify the insurance requirements set forth herein, with thirty (30) days’ notice provided to PROVIDER, at any time as deemed necessary to protect the interests of CITY.

9.1. Insurance Types and Amounts.

9.1.1. Commercial General Liability (CGL). SERVICE PROVIDER shall maintain CGL against claims and liabilities for personal injury, death, or property damage providing protection in the minimum amount of: (i) one million dollars ($1,000,000.00) combined single limit for any one accident or occurrence, or (ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

9.1.2. Automobile Liability. SERVICE PROVIDER shall maintain Automobile Liability covering all owned, non-owned and hired automobiles (if SERVICE PROVIDER does not own automobiles, then SERVICE PROVIDER shall maintain Hired/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 SERVICE PROVIDER under SERVICE PROVIDER'S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

9.1.3. Workers’ Compensation Insurance and Employer’s Liability. SERVICE PROVIDER shall maintain Workers Compensation coverage, as required by law, in the minimum amount of: (i) one million dollars ($1,000,000.00) for any one accident or occurrence, or (ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER'S combined insurance policies (including any excess or “umbrella” policies), whichever is greater. If SERVICE PROVIDER is self-insured, SERVICE PROVIDER shall provide its Certificate of Permission to Self-Insure, duly authorized by the Department of Industrial Relations.

9.1.4. Sexual Abuse/Molestation Liability (SML): If the performance of SERVICE PROVIDER'S work or service under this Agreement involves contact with minors, SERVICE PROVIDER shall procure and maintain Sexual Abuse and Molestation insurance in the minimum amount of: (i) two hundred thousand dollars ($200,000.00)

5 each claim, or (ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER'S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

9.2. Endorsements. SERVICE PROVIDER shall provide proof of the following endorsements, listed for each policy for which endorsements are required, as outlined below:

9.2.1. General Liability.

9.2.1.1. “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.

9.2.1.2. “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

9.2.1.3. “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.

9.2.2. Workers Compensation.

If the performance of SERVICE PROVIDER’S work or service under this Agreement involves access to or activity on any property or premises owned or occupied by the CITY, including, but not limited to, SERVICE PROVIDER’S presence during site visits and meetings, then insurer waives the right of subrogation against the City of Morgan Hill and the CITY’S elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers.

9.3 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.

9.4 Certificates. SERVICE PROVIDER shall furnish CITY with copies of all certificates as outlined herein, whether new or modified, promptly upon receipt. In the event of a claim or legal action, SERVICE PROVIDER shall promptly furnish CITY of Morgan Hill with copies of all policies outlined herein. No policy subject to SERVICE PROVIDER’S agreement with the CITY shall be canceled or materially changed except after thirty (30) days' notice by the insurer to CITY. A "material change" is a change that results in non-compliance with any insurance requirements in this section 8. 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

6 10. Non-Liability of Officials and Employees of the CITY. No official or employee shall be personally liable for any default or liability under this Agreement.

11. Hold Harmless. PROVIDER shall, to the fullest extent permitted by law, indemnify, defend, and hold harmless the CITY, and its respective 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 access, participation, or attendance in PROVIDER services implemented under this Agreement.

12. Compliance with Law.

12.1. PROVIDER and its officers, employees, agents, and subcontractors shall comply with all applicable laws, ordinances, administrative regulations, and permitting requirements in carrying out their obligations under this Agreement. PROVIDER 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.

12.2. Compliance with Wage and Hour Laws: PROVIDER, and any subcontractor it employs to complete work under this Agreement, shall comply with all applicable federal, state and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act and the California Labor Code.

Final Judgments, Decisions, and Orders: For purposes of this Section, a “final judgment, decision, or order” refers to one for which all appeals have been exhausted or the time to appeal has expired. Relevant investigatory government agencies include: the federal Department of Labor, the California Division of Labor Standards Enforcement, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.

Prior Judgments against PROVIDER and/or its subcontractors: BY SIGNING THIS

AGREEMENT, PROVIDER AFFIRMS THAT IT HAS DISCLOSED ANY FINAL

JUDGMENTS, DECISIONS OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY FINDING – IN THE FIVE (5) YEARS PRIOR TO EXECUTING THIS AGREEMENT – THAT PROVIDER OR ITS SUBCONTRACTOR(S) HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. PROVIDER FURTHER AFFIRMS THAT IT OR ITS SUBCONTRACTOR(S) HAS SATISFIED AND COMPLIED WITH – OR HAS

REACHED AGREEMENT WITH THE CITY REGARDING THE MANNER IN WHICH IT WILL SATISFY – ANY SUCH JUDGMENTS, DECISIONS OR ORDERS.

Judgments or Decisions During Term of Contract: If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision or order finding that PROVIDER or any subcontractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or PROVIDER learns of such a judgment, decision, or order that was not previously disclosed, PROVIDER shall inform the City Attorney, no more than fifteen (15) days after the judgment, decision or order becomes final or of learning of the final judgment, decision or order. PROVIDER and its subcontractors shall promptly satisfy and comply with any such judgment, decision, or order, and shall provide the City Attorney with documentary evidence of compliance with the final judgment, decision or order within five (5) days of satisfying the final judgment, decision or

7 order. CITY reserves the right to require PROVIDER to enter into an agreement with CITY regarding the manner in which any such final judgment, decision, or order will be satisfied.

City’s Right to Withhold Payment: Where PROVIDER or any subcontractor it employs to perform work under this Agreement has been found in violation of any applicable wage and hour law by a final judgment, decision or order of a court or government agency, CITY reserves the right to withhold payment to PROVIDER until such judgment, decision or order has been satisfied in full.

Material Breach: Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law.

Notice to City Related to Wage Theft Prevention: Notice provided to the City Attorney as required under this Section shall be addressed to: City Attorney, City of Morgan Hill, 17575 Peak Avenue, Morgan Hill, CA 95037. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section.

13. Independent Contractor. PROVIDER is an independent contractor and not an agent or employee of CITY.

14. Confidentiality. PROVIDER shall ensure that all data, documents, or other information receive or prepared in connection with the Agreement is kept confidential as required by State and Federal law and shall not be disclosed to any third party without prior written consent by CITY.

15. Conflict of Interest and Reporting. SERVICE PROVIDER shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement 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.). SERVICE PROVIDER 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).

16. Notices. Any notice or instrument required or permitted to be given hereunder, shall be deemed received upon personal delivery, or five (5) days after deposit in any United States mail depository, first class postage prepaid and addressed to the party for whom intended.

For CITY: Public Services Director with a copy to:

City of Morgan Hill City Clerk
17575 Peak Avenue 17575 Peak Avenue
Morgan Hill, CA 95037 Morgan Hill, CA 95037
For PROVIDER: Shea Heller-Antrim, Director, Public Grants Catholic Charities of Santa Clara County (CCSCC)
2625 Zanker Road
San José, CA 95134

17. Licenses, Permits and Fees. PROVIDER shall obtain a City of Morgan Hill Business License, all permits and licenses to the extent required by ordinances, codes and regulations of the federal, state and local government.

8 18. Service Provider's Proposal. If applicable, this Agreement shall include PROVIDER'S proposal or bid which is incorporated herein. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern.

19. Maintenance of Records.

19.1. Maintenance. PROVIDER shall prepare, maintain, and preserve all reports and records that may be required by federal, state, and CITY rules and ordinances related to services provided under this Agreement. PROVIDER shall maintain records for a period of at least 3 years after receipt of final payment under this Agreement. If any litigation, claim, negotiation, audit exception, or other action relating to this Agreement is pending at the end of the 3-year period, then PROVIDER shall retain said records until such action is resolved.

19.2. Access to and Audit of Records. CITY shall have the right to examine, monitor and audit all records, documents, conditions, and activities of PROVIDER and its subcontractors related to services under this Agreement. Pursuant to Government Code Section 8546.7, if this Agreement involves the expenditure of public funds in excess of $10,000, the Parties to this Agreement may be subject, at the request of CITY or as part of any audit of CITY, to the examination and audit of the State Auditor pertaining to matters connected with the performance of this Agreement for a period of three years after final payment under the Agreement.

19.3. Ownership of Work Product. All documents or other information developed or received by PROVIDER for work performed under this Agreement shall be the property of CITY.

PROVIDER shall provide CITY with copies of these items upon demand or upon termination of this Agreement.

20. Familiarity with Work. By executing this Agreement, PROVIDER represents that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the difficulties and restrictions of the work under this Agreement. Should PROVIDER discover any conditions materially differing from those inherent in the work or as represented by CITY, it shall immediately inform CITY and shall not proceed, except at PROVIDER'S risk, until written instructions are received from CITY.

21. Time of Essence. Time is of the essence in the performance of this Agreement.

22. No Assignment. Neither this Agreement nor any portion shall be assigned by PROVIDER without prior written consent of CITY. Any attempted assignment not first approved by CITY shall be void and, at CITY’s option, shall terminate this Agreement effective as of the date of such attempted assignment.

23. 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.

24. Defense and Indemnification.

24.1. Defense and Indemnification. PROVIDER shall, to the fullest extent permitted by law, indemnify, defend and hold harmless CITY, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers (“INDEMNITEES”) from and against any and all claims, liabilities, expenses, liens, or damages of any nature, including liability for bodily injury, property damage or personal injury, and including reasonable attorneys' fees and expenses, that arise out of, pertain to, or relate to the performance of this Agreement or the failure to comply with any obligations contained in this Agreement by PROVIDER, and/or its agents, officers, employees, subcontractors, or independent contractors (“CLAIM”).

9 24.2. Exceptions. PROVIDER is not required to indemnify INDEMNITEES against liability for bodily injury, property damage or personal injury, or any other loss, damage or expense arising from the sole negligence or willful misconduct of CITY.

24.3. Not limited by insurance. The indemnity, defense and hold harmless provisions of this Agreement apply to all CLAIMs alleged against an INDEMNITEE, regardless of whether any insurance policies are applicable. Policy limits do not act as a limitation upon the amount of indemnification or defense to be provided by PROVIDER.

24.4. Right to Offset. CITY shall have the right to offset against any compensation due PROVIDER under this Agreement any amount due CITY from PROVIDER as a result of PROVIDER'S failure to pay CITY promptly any indemnification arising under this Section (22) and any amount due CITY from PROVIDER arising from PROVIDER'S failure either to (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers' compensation laws.

24.5. Interpretation. This Section shall constitute an agreement or contract of indemnity, incorporating the interpretations under California Civil Code Section 2778. It is expressly understood and agreed that the obligation of PROVIDER to indemnify the INDEMNITEE shall be as broad and inclusive as permitted by the laws of the State of California and shall survive termination of this Agreement.

25. 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 PROVIDER. If the provisions contained in the main body of this Agreement conflict with any provision contained in an exhibit to this Agreement, the provisions of the main body of this Agreement shall govern and control over any provision contained in an exhibit to this Agreement.

26. 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.

27. 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.

28. Binding Agreement. Notwithstanding the provisions of Section 20 above, this Agreement shall bind any and all successors in interest, legal representatives and/or other permitted assignees or transferees of PROVIDER in the same manner as if those successors in interest, legal representatives or other permitted assignees or transferees had entered into this Agreement originally.

29. Notice of Security Incident and/or Privacy Incident: If PROVIDER discovers, obtains evidence, or are notified of a data security incident or potential breach of security and/or privacy relating to City PII, PHI and/or PCI, PROVIDER shall immediately, but in no event later than forty-eight (48) hours from discovery or notification of the incident or potential breach, notify City of such incident or potential breach. PROVIDER 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, PROVIDER 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 to the affected or impacted individuals and/or organizations, in addition to any notification to applicable state and federal agencies. PROVIDER agrees that it shall reimburse City for all expenses, costs, attorneys’ fees, and resulting

10 fines, penalties, and damages associated with such incident, breach, investigation and/or notification.

30. 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.

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, the Parties have executed this Agreement on the day and year shown below:

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:

Donald A. Larkin
Interim 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

11 EXHIBIT A

SCOPE OF SERVICES
This program is part of the South County Project II THRIVE (Transformation and Hope, Resiliency, Integrity, Voice & Engagement) project, an effort to prevent and reduce juvenile delinquent behaviors, prevent/reduce recruitment of youth into gangs and prevent/reduce youth violence in South Santa Clara County.

PROVIDER shall complete the following services:

1. Coordinate, facilitate, and manage Prosocial Programming (Open Gym/Late Night Gym) by providing a weekly outside of school hours recreation program focused on the target youth in middle school and high school. The program will be designed using the late night gym model to provide structured outlets for youth to use their energy while providing wrap around services beyond sports and physical fitness.
a. Serve an average of 30 unduplicated youth weekly as reported in the Units of Service Workbook.
b. Sessions shall occur for a minimum of three hours on Fridays or Saturday evenings. c. Provide services that are evidence-based/evidence-promising and culturally relevant to youth and families served.
d. Align services with the SCYTF’s Project II THRIVE! Strategic Plan https://www.scyouththrive.org/_files/ugd/991348_a80baa797276487fb3f0ec97f88af 49f.pdf.
e. Commit to “Greetings at the Door” principles with THRIVE participants to establish an individual connection, set a welcoming tone, provide a sense of belonging, and establish expectations.
f. Deliver services using professional practices and in a manner consistent with care, competence, and skill.

2. Coordinate, facilitate, and manage School-Based Prosocial Activities by providing outside of school hours recreation program focused on targeted youth in middle and high school that is NOT open gym or late-night gym programming.
a. Serve an average of 30 unduplicated per session as reported in the Units of Service Workbook.
b. Events must be regularly scheduled on days Wednesday, Thursday, Friday, and/or Saturday after school hours, 3-4 times per month.
c. Location shall be held at rotating locations at MHUSD facilities, and must be scheduled with MHUSD representatives near start of program to ensure equitable rotation.
d. Sessions shall occur for a minimum of three hours on Fridays or Saturday evenings. e. Provide services that are evidence-based/evidence-promising and culturally relevant to youth and families served.
f. Align services with the SCYTF’s Project II THRIVE! Strategic Plan https://www.scyouththrive.org/_files/ugd/991348_a80baa797276487fb3f0ec97f88af 49f.pdf.
g. Commit to “Greetings at the Door” principles with THRIVE participants to establish an individual connection, set a welcoming tone, provide a sense of belonging, and establish expectations.
h. Deliver services using professional practices and in a manner consistent with care, competence, and skill.

3. Coordinate, facilitate, and manage Youth Groups that provide evidence-based, culturally responsive youth groups at identified secondary sites to support the development of life skills for target youth.
a. CCSCC will implement culturally responsive, evidence-based group cycles over the contract period. Groups will run for two cycles of 6–8 weeks at each at MHUSD

12 secondary school site.
b. Serve an average of 10-12 unduplicated youth per session per site as reported in the Units of Service Workbook.
c. Groups shall be scheduled coordinated with MHUSD staff. d. Provide services that are evidence-based/evidence-promising and culturally relevant to youth and families served. Curriculum must be pre-approved by SCYTF and MHUSD.
e. Align services with the SCYTF’s Project II THRIVE! Strategic Plan https://www.scyouththrive.org/_files/ugd/991348_a80baa797276487fb3f0ec97f88af 49f.pdf.
f. Commit to “Greetings at the Door” principles with THRIVE participants to establish an individual connection, set a welcoming tone, provide a sense of belonging, and establish expectations.
g. Deliver services using professional practices and in a manner consistent with care, competence, and skill.

4. Coordinate, facilitate, and manage Case Management providing case management, life coaching, and intervention support for middle and high-school-age youth. a. Youth shall be identified and referred to the program by the MHUSD on an asneeded basis. b. Serve up to 15 unduplicated youth as reported in the Units of Service Workbook. c. Case Manager(s) shall maintain written individual client files documenting progress, assessments, and service plans and issue and document retrospective surveys to assess service effectiveness.
d. Groups shall be scheduled coordinated with MHUSD staff. e. Align services with the SCYTF’s Project II THRIVE! Strategic Plan https://www.scyouththrive.org/_files/ugd/991348_a80baa797276487fb3f0ec97f88af 49f.pdf.
f. Commit to “Greetings at the Door” principles with THRIVE participants to establish an individual connection, set a welcoming tone, provide a sense of belonging, and establish expectations.
g. Deliver services using professional practices and in a manner consistent with care, competence, and skill.

5. Provide additional services in coordination with services outlined in areas 1-4 of the scope of services, including but limited to:
a. Peer-to-Peer Support. Plan and implement school-based peer-to-peer programs to foster empathy and community building, and promote healthier social interactions among middle school and high school students.
b. Student Leadership Development. Partner with MHUSD and SCYTF to provide MHUSD students with learning opportunities to empower their lives as they grow within the program and take leadership opportunities within their schools and communities.
c. Outreach, Linkage, and Referral. Provide on-site staff at identified school sites to support outreach linkage at identified schools to support participation in and referral to the Primary Service Areas. Provide connections to relevant community services and resources as appropriate.
d. Secondary Crisis Response. Support identified schools in maintaining a positive, restorative, and safe culture, particularly for youth referred to the case management program. Provide crisis response and intervention before, during, or after school, and/or in the community as requested by MHUSD, SCYTF, and/or the City of Morgan Hill. Activities may include outreach, restorative circles, one-on-one support, and participation in Multi-Disciplinary Team meetings (MDTs) or youth advocacy sessions. Crisis Response and Intervention Support can happen before, during, or after school, and/or in the community.

13 6. Maximize and leverage collaborative efforts: Partner with the City of Morgan Hill, the South County Technical Team, and local community partners to further the goal and efforts of building a restorative community and preventing and de-escalating youth violence and anti-social behaviors in South County.
a. Coordinate with schools, libraries, city, law enforcement, and service providers to recruit youth participants.
b. Provide Linkage and Referral to services and resources. Assess participants’ needs, share linkages, and make warm hand-off referrals within/outside of PROVIDER organization for services (i.e., immigration legal services; housing support; behavioral health, domestic violence, and substance abuse treatment; support for young parents; eligibility screening and enrollment support for public benefits).
c. Participate in monthly SCYTF Technical Team, committee meetings, MultiDisciplinary Team (MDT) meetings, and impromptu climate and crisis meetings.

Have the ability to work weekends or evenings (when needed) to implement successful delivery of services.
d. Work with SCYTF administration team for outreach, collaboration, co-branding, and support.

7. Maintain program documentation and records relevant to the services provided and prepare and submit monthly and quarterly progress and financial reports using Program Activity Report, Units of Service Workbook, and invoicing format per CITY Agreement with the County of Santa Clara Office of the District Attorney and associated reporting templates, included as Exhibits C and D.
a. Maintain sign-in sheets to track participation and collect youth pre-/post-surveys to measure that youth are exhibiting positive or improving beliefs or behaviors. b. Submit a monthly calendar documenting which services are being provided at which times and locations for each day of the week/month.
c. Maintain a written and electronic individualized file on each client for case management services as well as an Individual Service Plan (ISP) (if applicable). d. Maintain a file on all group, training, or program attendees to support the demographics and number of clients and community members being served. e. 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.
f. Monthly, prepare and submit by the 10th working day of the new month a Units of Service Workbook report, a sample of which is included as Exhibit D. g. Quarterly, prepare a “Program Activity Report” (PAR) and a “Program Narrative Report” and submit by the 10th working day of the new month following the end of the quarter, templates of which are included as Exhibit D, h. Provide sign-in sheets, survey results, reports/narratives, and other metrics upon request to prove deliverables are met.
i. Provide a client list (First Initial and Last Initial) that includes the following:
i. Initials of participant served;
ii. Assigned Probation File Number for Youth (if applicable); iii. Date of birth;
iv. Date of referral made to program (if applicable)
v. Date and length of time of youth’s Circle (if applicable) vi. Start date when participant started receiving services; vii. End date of when participant stopped receiving services; viii. Zip code of participant served (if available)
ix. Ethnicity of participant (if available); and
x. Hours of Service per participant by activity type (if applicable).

14 8. Serve target population:
a. Services shall be targeted to children and young adults (youth between the ages of 10-24) who reside or attend school in Morgan Hill or San Martin (zip code areas 95037 and 95046) or attend schools in the Morgan Hill Unified School District and can fall in one or more of the following categories:
i. At Promise (At Risk) Youth: Defined as youth who live in or attend schools in low socioeconomic areas, referred to as “hot spots” within the first Strategic Plan that exhibit Stability Needs; Potential Harm to Self or Others; Offending Behavior; Trauma History/Lack of Healthy Coping Abilities and Re-Victimization Risk.
ii. High Promise (High Risk) Youth: Defined as youth exhibiting high risk behaviors 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 social risk factors and level of intensity.
iii. Youth who demonstrate to be severely impacted/gang intentional. Social circle is integrated into intergenerational gang membership environment and/or affected by intergenerational drug use. Youth self-identified, and/or are arrested for gang-related incidents or acts of 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.

9. Follow County procedures as detailed in Exhibit C, Attachment C to ensure the safety of program participants and PROVIDER staff, including but not limited to:
a. Clearance of Staff: Prior to beginning services, all personnel working directly with clients must obtain at PROVIDER’s own expense a Department of Justice background clearance (LiveScan) through the County. If PROVIDER’s personnel have already obtained LiveScan background clearance, PROVIDER shall provide supporting documentation as outlined by Quarter 2.
b. Privacy: PROVIDER must comply with all State and federal laws regarding the privacy of medical information.
c. Transport of Youth: Transportation can only occur after all necessary insurance and clearances have been approved. One to one driving is not allowed. PROVIDER staff and youth must be of the same gender, or there may be another staff member in the vehicle of the opposite gender. A guardian/parent permission slip must be signed each time a youth enters PROVIDER’s vehicle. If transportation occurs under life coaching/case management, all intake paperwork must be up to date and two-to-one ratio must be enforced. Locations of services will occur at the identified City facilities, schools, community hubs, hot-spot parks, libraries, and other community locations, as deemed appropriate per client need. On-site and Off-site contact of client and transportation must follow County, City, and School procedures.

15 EXHIBIT B

SCHEDULE OF PAYMENT
The maximum amount of compensation to be paid to PROVIDER under the AGREEMENT shall not exceed $135,531.

Compensation to PROVIDER shall be contingent upon successful completion of the services outlined in EXHIBIT A (“Scope of Services”). A statement of all services outlined under this AGREEMENT shall be prepared by PROVIDER and submitted to CITY on or before the 10th day of the month following each monthly service period. If the services have been completed to the satisfaction of CITY, CITY shall make payment to the PROVIDER within thirty (30) days after receipt of the statement and approval thereof.

Monthly invoices are due to CITY by the 10th day of the month following the service period. If the due date falls on a weekend or holiday, the invoice is due the following day of business, no later than 12:00pm.

Service Dates Invoice Deadline
January 1-31 February 10
February 1-28 March 10
March 1-31 April 10
April 1-30 May 10
May 1-31 June 10
June 1-30 July 10
Monthly invoice shall include PROVIDER’s name and address, invoice number, date, service description and dates, total invoice amount, year-to-date expenditures, and remaining contract balance. The invoice shall detail the reimbursement request for costs to provide services including direct expenses such as staff costs, training, mileage reimbursement, cell phone, and program materials as well as indirect expenses such as allowable overhead and supervision.

Monthly invoice is to be submitted with all backup documentation including monthly calendars and required reporting (school district participant information, PAR monthly report, OUS workbook, and narrative report, as applicable).

16 EXHIBIT C

SERVICE AGREEMENT BETWEEN CITY OF MORGAN HILL

AND COUNTY OF SANTA CLARA OFFICE OF THE DISTRICT ATTORNEY

17 EXHIBIT D

REPORTING TEMPLATES

1) Instructions
2) Target Population Profiles
3) Quarter 1 Units of Service Worksheet
4) Quarter 2 Units of Service Worksheet
5) Quarter 3 Units of Service Worksheet
6) Quarter 4 Units of Service Worksheet
7) Demographics Report
8) Financial Report
A complete quarterly report will include submittal of the following worksheets:
- Narrative
- Quarterly Sheet corresponding to current and previous quarters - Demographic Report
Reports must be submitted electronically to Sandra Cruz at [email protected] and cc Chase Warner at [email protected].

A Quarterly Report is considered complete when all of the aforementioned worksheets have been submitted and entries for each of the worksheets have fulfilled approval Payment distributions will not be released until all reporting criteria has been met. __________________________________________________________________________________ General Instructions
Cells that are dog-eared red in upper right corner have inserted information for assistance with input required for that column. To access place cursor on the red flag for comment(s) to appear.

Leave cells blank when the data is "0" or there is nothing to report. DO NOT enter letters or text in formula cells (i.e. N/A) as this will prevent automatic calculations from taking place (A "REF!" or "#VALUE!" will appear in the cells that are programmed to self-calculate or link).

Should you have difficulty entering data, contact the SCYTF Admin team. ____________________________________________________________________________ Target Population Profiles
Reference only

EXHIBIT D

REPORTING TEMPLATES

SCC DISTRICT ATTORNEY'S OFFICE/ CITY OF MORGAN HILL
SOUTH COUNTY THRIVES! AND DIVERSION PROGRAM
FUNDING CYCLE FY 25 JULY 2025- JUNE 2026

UNITS OF SERVICE WORKBOOK REPORT INSTRUCTIONS

GENERAL INFORMATION
(Note: To print instructions, set margins in a Word document to .5" for all sides then copy and paste; 5 pgs.)
Cells with formulas have been locked (white-shaded) except for those that require data entry (yellow-shaded) to preserve the integrity of this workbook. All worksheets that produce a quarterly report for SCYTF funded services are housed in one workbook. Use the same workbook for all four quarters. Each quarter will build onto previous quarters and ultimately terminate with the Final/Q4 report. Worksheets are separate and identified by the tabs located at the bottom of the computer monitor; click on a desired tab to navigate from one worksheet to another.

List of worksheets in workbook - Instructions are aligned from left to right.

_____________________________________________________________ Quarterly Reports (Q1-Q4 tabs)
Self-calculate (White-shaded/Protected; DO NOT enter data in these cells):

Average Number of Participants per Session - Participant average Data entry by GRANTEE (Yellow-shaded cells):
.Duplicated.Participants - Enter unduplicated participants for the month. .....Total.Number.of.Sessions - Enter actual production for each month here.

Demographic Report/Program Demographics
Provide demographic information for each unduplicated youth participant served, avoid duplicates. Do not list staff, mentors, parents, teachers, spectators or "additionally reached" participants.

Self-calculate (White-shaded/Protected; DO NOT enter data in these cells):

Participant I.D. Information/Participant ID Code
Data entry by GRANTEE (Yellow-shaded cells):

Participant I.D. Information
First Initial: Enter the first letter of participant's first name Last Initial: Enter the first letter of participant's last name Birth Month: Enter the participant's birth month numerically (1-2 digits; i.e. Jan = 1, Oct = 10 ...) Birth Day: Enter the participant's day of the month s/he was born (1-2 digits; 1-31) Birth Year: Enter birth year (4-digit; i.e. 1996)
Gender: Use codes 1-4 located at the top of the table
Ethnicity: Using the codes 1-10 located at the top of the table Zip Code: Enter resident Zip Code for each participant
School Affiliation: Use E, M, or H, depending on the grade they are in School Name: School name
Serving CBO: Use an abbreviation (like 'SCYTF') to represent your CBO name Referral Source
Using the codes 1-8 located at the top of the table, enter the Referral Source of each participant.

Program Entry
Entry Date: Month (1-2 digits); Day (1-2 digits); Year (4-digits; i.e. 2012) Programs Attended
(Use the letter codes above, multiple may be chosen)
Entry Survey/Exit Survey
(Was survey taken by youth and available for SCYTF review, Y/N) Attendance Record
(1-4 code above, how often did student attend the programs listed) Target Population
(Based on definitions in reference worksheet titled "Target Population Profiles" - One rating per participant, 1-4)
- At-Risk
- High-Risk
- Impacted
- Intentional
School Attendance
(1-4, based on school attendance)
School GPA/Job Status

(1-3, based on status)
Incidents during Program
(number of discipline-required incidents during program duration) Suspensions during Program
(number of suspensions occurring during program)
ISP Plan Met - CM/Groups contracts ONLY
(1-4, based on ISP progress and completion)
Date of Exit or End of 4th Quarter
Exit Date (or end of contract period): Month (1-2 digits); Day (1-2 digits); Year (4-digits; i.e. 2013) ___________________________________________________________________________________ Financial Report
Report Personnel and Operating expenses for total program. Funding sources are broken into ONE and Matching expenditures. Projected budget will align directly to Exhibit C "Budget Summary" in your current executed ONE contract.

Completed by Bernice Aguilera (White-shaded/Protected; DO NOT make any entries in these cells):

SCYTF Funding
- Personnel Expenses - Itemized
FTE - Total Program
Contracted Budget
- Operating Expenses
Contracted Budget
Matching Funding
- Personnel Expenses - Combined
- Operating Expenses
Self-calculate (White-shaded/Protected; DO NOT enter data in these cells):

Cumulative YTD/Grand Total
%of Funds Set YTD
Balance of Funds Available
Data entry by GRANTEE (Yellow-shaded cells):

SCYTF Funding
- Personnel Expenses - Enter expenditures for each staff member budgeted from BEST funds per quarter.
- Operating Expenses - Enter expenditures for each line item budgeted from BEST funds per quarter.

Match Funding
- Personnel Expenses - Enter a cumulative expenditure budgeted from Match funds per quarter. - Operating Expenses - Enter expenditures' for each line item budgeted from Match funds per quarter.

Note: GRANTEE shall not adjust any line item expenditures in the Budget by more than10% OR $2,000, whicheveris greater, without the prior approval of CITY. GRANTEE shall make such requests for line item adjustments in writing to CITY in writing on CITY approved format. Failure to do so, may, at CITY’s option, result in disallowed costs.

SOUTH COUNTY THRIVES! PROGRAM
Target Population Definitions and Profiles
Target Population Definitions for SCYTF THRIVE! and Diversion YTDP:

The SCYTFTHRIVE programs target population is:
• Youth exhibiting high-risk behaviors
• Youth committing intentional acts of violence
• Youth exhibiting high-risk behaviors related to gang lifestyles • Youth identified as gang members and/or arrested for gang-related incidents or acts of gang violence, in addition to families (including parents and children) and friends of youth involved with the gang lifestyle or incarcerated for gang-related crimes • Parents and adult community members who reside in South County hot-spots • Identified schools and their staff members who are interested in trainings and participation in SCYTF initiatives and strategies
Target Population Profiles
At-Risk: This category may be distinguished from other at-risk youth in that they are residing in a high-risk community (Hot Spot areas, low socio-economic) and have some of the following gang risk characteristics. Defined as youth who live in or attend schools in low socio-economic areas, referred to as “Hot Spots” that have some gang/violencerisk characteristics, such as, but not limited to youth exhibiting Stability Needs; Potential Harm to Self or Others; Offending Behavior; Trauma History/Healthy Coping Abilities; and Re- Victimization Risk.

1. Has a high potential to exhibit high-risk gang behaviors.

2. Has not had any personal contact with juvenile justice system.

3. Exhibits early signs of school-related academic, attendance and/or behavior problems.

4. Has periodic family crises and/or is a child welfare case.

5. Is low-income and/or lives in overcrowded living conditions.

6. Knows some neighborhood gang members but does not associate with them.

7. Is beginning to experiment with drug/alcohol use.

High-Risk: Decided to take #3 out do to it being so close to #2 (high-risk and #4 intentional.

This category may be distinguished from the “at-risk” population based on the additional characteristics and level of intensity of the following:

1. Admires aspects of gang lifestyle characteristics.

2. Views gang member as "living an adventure."

3. Lives in gang “turf" area where the gang presence is visible.

4. Has experienced or participated in gang intimidation type of behaviors or has witnessed violent gang acts.

5. Feels unsafe being alone in neighborhood.

6. Has family members who have lived or are living a juvenile delinquent, criminal and/or gang lifestyle.

7. Has had several contacts with the juvenile justice system and law enforcement.

8. Does not see the future as providing for him/her; has a perspective of "you have to take what you can get."

9. Casually and occasionally associates with youth exhibiting gang characteristics.

10. Has a high rate of school absences, and experiences school failure and disciplinary problems.

11. Uses free time after school to "hang out" and does not participate in sports, hobbies or work.

12. Is suspicious and hostile toward others who are not in his/her close circle of friends.

13. Does not value other people's property.

14. Believes and follows his/her own code of conduct, not the rules of society.

15. Only follows advice of friends; does not trust anyone other than friends.

16. Uses alcohol and illegal drugs.

17. Has had numerous fights and sees violence as a primary way to settle disagreements and maintain respect.

18. May have been placed in an alternative home or living arrangement for a period

19. Does not have personal goals/desires that take precedence over gang impacted youth groups.

Impacted: 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.

1. Has had several contacts with the juvenile justice system and law enforcement. Has likely spent time in juvenile hall. Has had a probation officer and/or may have participated in delinquency diversion program.

2. Has had numerous fights, and views violence as primary way to intimidate, settle disagreements and maintain respect.

3. May claim a turf or group identity with gang characteristics, but still values independence from gang membership.

4. Personally knows and hangs out with identified gang members.

5. Considers many gang-related activities socially acceptable.

6. Feels he/she has a lot in common with gang characteristics

7. Views gang involvement as an alternative source for power, money and prestige.

8. Wears gang style clothing and/or gang colors/symbols.

9. Promotes the use of gang cultural expressions and terminology.

10. Identifies with a gang-related affiliation and/or turf, but has not officially joined a gang. Is ready to join a gang.

11. Does not seek employment, and regards “underground economy” as a viable option.

12. Probably has gang-related tattoos.

13. Has drawing of gang insignia or symbols on notebook/book covers, other personal items.

Intentional: This category is distinguished from all other categories in that youth must be identified and/or arrested for gang related incidents or acts of gang violence through the justice system (Police, DA, Probation, etc.). Youth who demonstrate to be violence/gang intentional: social circle is integrated into intergenerational gang environment; youth self-identify, are identified and/or are arrested for gang-related incidents or acts of gang violence through the justice system.

1. May have been identified or certified as a gang member by law enforcement agencies.

2. Associates almost exclusively with gang members to the exclusion of family and former friends.

3. Views intimidation and physical violence as the way to increase personal power, prestige and rank in gang. He/she is active in "gang banging."

4. Regularly uses/abuses alcohol and other drugs.

5. Self identifies as a gang member.

6. Has spent time in juvenile hall, juvenile camp or California Youth Authority.

7. Regularly deals with gang rival and allied gang business.

8. Has gang-related tattoos.

9. Identifies specific individuals or groups as enemies.

10. Is engaged in the gang lifestyle.

11. Rejects anyone or any value system, other than that of the gang.

12. Believes that the gang, its members, and/or his/her family live for or will die for the gang.

13. Has fully submerged his/her personal goals and identity in the collective identity and goals of the gang.

14. Has adopted and/or earned gang status within the gang system.

Parents and Community Members:

Parents of youth and community members who reside in Morgan Hill, San Martin and Gilroy Hot Spots, as defined by the Strategic Plan.

School Partners:

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. Schools located in designated SCYTF hotspots or who are feeders of youth who predominately live in hot spots get first right to services and trainings.

After reviewing the Strategic Plan and Work Plan, I added School Providers as a population to be served.

DIVERSION PROGRAM SPECIFICS:

YTDP is open to 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.

The South County THRIVES! Project target population is:
• Youth exhibiting high-risk behaviors

• Youth committing intentional acts of violence
• Youth exhibiting high-risk behaviors related to gang lifestyles • Youth identified as gang members and/or arrested for gang-related incidents or acts of gang violence, in addition to families (including parents and children) and friends of youth involved with the gang lifestyle or incarcerated for gang-related crimes • Parents and adult community members who reside in South County hot-spots • Identified schools and their staff members who are interested in trainings and participation in SCYTF initiatives and strategies
Volunteer Commitment Level:

Program Advisory, Outreach and Circle Keeper Volunteers are asked to give a commitment to participate in the following trainings between July 2021 - June 2022:
1) Attend Program Orientation
2) Complete City of Gilroy Volunteer Application and DOJ Background 3) Attend and complete minimally four (4) trainings offered by the SCYTF. Mandatory Trainings (If volunteer has taken any of these trainings within the last two(2) years, they can select from Additional Trainings) are:
- Restorative Justice Circles
- Trauma Informed Care
- Developmental Assets and Protective Factors
- The Life Course Framework
Additional Trainings to Choose From if the first four stated trainings have been completed:
- Restorative Practices
- Cultural Humility and Sensitivity
- Sexual Orientation and Identity
- Dismantling School-to-Prison Pipeline
4) Commitment to attend and support four (4) Diversion Circles with July 2021 to June 2022.
5) Attend two (2) outreach activities and volunteer circles.

School Partners:

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. Schools located in designated SCYTF hotspots or who are feeders of youth who predominately live in hot spots get first right to services and trainings.

After reviewing the Strategic Plan and Work Plan, I added School Providers as a population to be served.

Name of GRANTEE
Project Title:

Total
Participants
Number of
Activity
Sessions
Average
Participants per
Session
1 Client 1:1 Appointment 0
2 Client T/C Contact 0
3 Client Drop In 0
4 Client Home Visit 0
5 Client Family Contact 0
6 MST/SST/IEP School Youth Advocacy Meetings 0
7 Parent/ Guardian only Contacts 0
8 Referral In 0
9 Program Intake- Acceptance 0
10 Program Denial 0
11 Referral Linkage: Health 0
12 Referral Linkage: Mental Health 0
13 Referral Linkage: Education 0
14 Referral Linkage: Gang Interention 0
15 Collatoral/ Collaboration Work 0
16 Staff Development/ Training 0
17 Pro-Social/ Service Learning/ Volunteer Hours
Completed 0
18 Case Conferencing 0
19 General Meetings/ Community Meetings 0
20 Cultural Group Programs (Morgan Hill) 0
21 Cultural Group Programs (Gilroy) 0
22 Restorative Justice Circles (Morgan Hill) 0
23 Restorative Justice Circles (Gilroy) 0
24 Case Management (Morgan Hill) 0
25 Case Management (Gilroy) 0
26 Crisis Response 0
27 Intervention 0
28 Youth Pro-Social Engagement Activities 0
29 Outreach Activities 0
30 Assessments Completed 0
31 Late Night Gym (Morgan Hill) 0
32 Late Night Gym (Gilroy) 0
City of Morgan Hill
SCYTF Project
Jul-25

ACTUALS
Monthly Activity
Units of Service Workbook Template

GENDER CODES: ETHNICITY CODES: 1 - Asian 6 - Latino/a Gender School Affiliation:
1 - Male 2 - Black 7 - Native American M: Male E: Elementary 2 - Female 3 - Cambodian 8 - Pacific Islander F: Female M: Middle School 3 - Gender Non-Binary 4 - White 9 - Vietnamese X: Non-Binary H: High School 4 - Other 5 - Filipino 10 - Other/ N/A O: Other/ N/A
Line
Number First Initial Last Initial Birth Month Birth Day Birth Year Age at Entry Participant ID Code Gender Ethnicity Zip Code School Affiliation School
Name
Serving CBO
(Abbreviation)
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 SCYTF - On Going Customers
SCYTF GRANTEE:

Participant I.D. Information Complete all cells that are in yellow.

Program Activity Report Template

Referral to Program: Entry Survey Exit Survey At-Risk Status Program Consistency

1. LEA

2. Courts/Probation P: Prosocial

3. School G: Groups

4. Friends E: Event Y: Yes Y: Yes 1 = At-Risk 1 = Always (90-100%)

5. Self SH : School N: No N: No 2 = High-Risk 2 = Consistent (80-89%)

6. Parent/Guardian C: Case Mgmt 3 = Impacted 3 = Inconsistent (60-79%)

7. SCYTF R: RJ Circles 4 = Intentional 4 = Does Not Attend

8. CBO (Below 60%)
Referral Source Date of Entry Services
Rendered
Survey
Completed
Survey
Completed At-Risk Status Program Consistency Rating
SCYTF
Program
Entry
Programs
Attended

School Attendance
Consistency
School Attendance
Consistency
Grades/
Employment Status
Grades/
Employment Status Incidents Behavior (Suspensions)
Percentages At Program At Start of Program # of incidents # of suspensions At Start of Program Completion (Average Grades) during program during program 1 = Always (90-100%) 1 = Always (90-100%) 1 - Full Time Job/Excelling GPA 1 - Full Time Job/Excelling GPA 2 = Consistent (80-89%) 2 = Consistent (80-89%) 2 - Part Time Job/Passing GPA 2 - Part Time Job/Passing GPA 3 = Inconsistent (60-79%) 3 = Inconsistent (60-79%) 3 - In Search of Job/Failing GPA 3 - In Search of Job/Failing GPA 4 = Does Not Attend 4 = Does Not Attend
(Below 60%) (Below 60%)
School Attendance Rating
@ Start
School Attendance Rating
@ Completion
Grades/ Work Ethic @ Start
of Program
Grades/ Work Ethic @
Program Completion
School or Communitybased incidents
School or Commuitybased # of
Suspensions
At Program Completion

1 = met 1 = met
2 = in progress (on track) 2 = in progress (on track)
3 = in progress (off track) 3 = in progress (off track) 4 = unmet 4 = unmet
Individual Plan CM Goals
Met
Individual Goals for Groups
Met
Date of Exit (or 4th
Quarter)
Date of Exit (or 4th
Quarter) Notes/Anecdotes
Case Management Groups
Individual Service Plan Goal Met

County of Santa Clara Office of the District Attorney
South County Youth Task Force
FY 25-26 Qx Narrative Report

Name: Agency::

Program: South County Youth Task Force (SCYTF) Project II THRIVE (Transformation and Hope, Resiliency, Integrity, Voice & Engagement)
Phone: E-Mail:

Send Narrative form to:

QUARTER 1 (Due on: 10/10/2025) 7/1/2025-9/30/2025
QUARTER 2 (Due on: 01/10/2026) 10/1/2025-12/31/2025
QUARTER 3 (Due on: 04/10/2026) 1/1/2026-3/31/2026
QUARTER 4 (Due on: 06/20/2026) 4/1/2026-6/30/2026
Narratives are due the 10th business day of the following quarterly

1. Challenges, Discrepancies and Corrective Actions: Explain any challenges, discrepancies between anticipated and actual services delivered for the month. State what happened, why it happened, what you are doing to correct the situation and how the program and community has been impacted.

Activity Discrepancies and Corrective Actions

1. Client 1:1 Appointment

2. Client T/C Contract

3. Client Drop In

4. Client Home Visit

5. Client Family Contact

6. MST/SST/IEP Meeting

7. Parent only Contacts

8. Referral In

9. Referral Linkage

10. Youth Advocacy

11. Collateral/ Collaboration Work

12. Staff Development/ Training

13. Case Conferencing

14. Meetings/ Community Meetings

15. Cultural Groups Programs

16. Restorative Justice Circles

17. Case Management

18. Crisis Response

19. Intervention

20. Community Outreach, Youth
Engagement Sessions

21. Outreach and Engagement
Activities

22. Late night gym sessions in
Gilroy

23. Late Night Gym Sessions in
Morgan Hill

24. Surveys

County of Santa Clara Office of the District Attorney
South County Youth Task Force
FY 25-26 Qx Narrative Report

2. Program Highlights and Accomplishments: Discuss activities that are going particularly well and why.

3. Updates: Provide any updates regarding changes in staffing, scheduling, space, etc.

4. Collaborative Activities (collaboratives only): Discuss activities and developments among partner agencies.

Calendarized SCYTF Activities, Events and Meetings:

5. In relation to the overall budget, are grant funds being expended as planned and on schedule? Yes ☐ No
If no, explain why and describe the plan to correct it.

6. Are all funded positions filled (includes the lead agency and any contracted agencies)? ☐ Yes ☐ No
If no, which grant-funded positions are unfilled, why, and what is the timeline to fill them?

7. What quality assurance methods are in place to ensure all programs/services are delivered as intended and with fidelity to the approaches described in your original proposal?

8. If applicable, describe any funded trainings that occurred during the reporting period. Include the date(s), number of attendees and list of participating agencies.

9. SCYTF surveys are to be administered at the start and end of youth services.

Were required surveys administered this quarter? Please attach the surveys to this report. ☐ Yes ☐ No
If no, please explain why not and your plan to administer surveys.

10. Quarterly Success Story or Testimonial –
Instructions: Please write a brief story or testimonial about a family that has been positively impacted by an SCYTF-funded program and/or service that occurred in each quarter. The story or testimonial for each quarter should be approximately 250-500 words and no more than 1/3 page. If possible, include the referral source of the highlighted family.

11. Additional comments:

12. Quarterly Program Pictures: provide 3-4 images that highlight SCYTF-funded programs and/or services.

County of Santa Clara Office of the District Attorney
South County Youth Task Force
FY 25-26 Qx Narrative Report

Instructions: Answer the following questions upon conclusion of 4th Quarter or Program Year. Each answer should be approximately 250-500 words and no more than 1/3 page.

A) Summarize the program services provided during the contract term, how they met or did not meet program object and why.

B) Summarize the program’s strengths, challenges, and lessons learned.

RESOLUTION NO. 25-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MORGAN HILL APPROVING AN AMENDMENT TO
THE CITY’S FISCAL YEAR 2025-2026 ANNUAL BUDGET
IN THE GENERAL FUND (FUND NO. 010) TO
APPROPRIATE $40,000 THEREFORE
WHEREAS, the City of Morgan Hill, a municipal corporation and general law city duly organized and existing under and pursuant to the Constitution and laws of the State of California (“City”), is authorized to enter into contracts and agreements for the benefit of the City; and WHEREAS, the reasons supporting this Resolution are set forth in detail in that certain City Council Staff Report entitled “APPROVE A SERVICE AGREEMENT WITH CATHOLIC

CHARITIES OF SANTA CLARA COUNTY FOR SOUTH COUNTY YOUTH TASK FORCE YOUTH SUPPORT SERVICES FOR A TOTAL AMOUNT OF $135,531” submitted for City Council consideration at its meeting of December 17, 2025, submitted to the City Council by the City Manager (the “Staff Report”), the contents of which Staff Report are incorporated herein by this reference; and
WHEREAS, recommended amendments are needed and proposed to the City’s previously adopted Annual Budgets for Fiscal Years 2024-2025 and 2025-2026 as set forth on Exhibit A to this Resolution, to appropriate the requisite funds to implement the actions authorized by this Resolution; and
WHEREAS, the consideration by City Council of the adoption of this Resolution has been duly noticed pursuant to applicable laws and has been placed upon the City Council Meeting Agenda on the date set forth in the Staff Report, or to such date that the City Council may have continued or deferred consideration of this Resolution, and on such date the City Council conducted a duly noticed public meeting at which the City Council provided members of the public an opportunity to comment and be heard and considered any and all testimony and other evidence provided in connection with the adoption of this Resolution; and WHEREAS, the City Council determines that adoption of this Resolution is in the public interest.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORGAN HILL DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:

Section 1. Recitals. The City Council does hereby find, determine and resolve that all of the foregoing recitals are true and correct.

Section 2. Approval and Authorization. The City Council does further resolve, order and/or direct as follows:

City of Morgan Hill
Resolution No. 25-_____

a. That the City’s previously adopted Fiscal Years 2024-2025 and 2025-2026 Budgets, as the same has been amended to date, are hereby further amended in accordance with and as reflected on Exhibit A attached hereto and incorporated herein by this reference; and
b. That the City Clerk is hereby authorized and directed to forward a copy of this Resolution to the City’s Finance Director, who is hereby authorized and directed to take all actions necessary to implement the terms of this Resolution pertaining to the Fiscal Years 2024-2025 and 2025-2026 Budgets of the City or Morgan Hill.

Section 3. This Resolution shall take effect immediately upon adoption.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Morgan Hill at its meeting held on this 17th day of December 2025 by the following vote:

AYES: COUNCIL MEMBERS: None
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
APPROVED: ATTEST:
___________________________________ _______________________________ MARK TURNER, Mayor MICHELLE BIGELOW, City Clerk
 CERTIFICATION 
I, Michelle Bigelow, City Clerk of the City of Morgan Hill, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 25-_____ adopted by the City Council at the meeting held on the 17th day of December 2025.

WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.

DATE: _____________________ ___________________________________ MICHELLE BIGELOW, City Clerk

City of Morgan Hill
Resolution No. 25-_____

EXHIBIT A

AGENDA BUDGET SCORECARD
FISCAL YEAR 2025-2026
ADJUSTMENT # 007
FUND: 010 General Fund
DEPARTMENT: 50 Public Services
40 Public Services
2180 Community Services
OBJECT: 42231 CONTRACT SERVICES
AGENDA DATE: 12/17/25
AGENDA ITEM TITLE:
06/30/26
07/01/25 PROJECTED

BEGINNING AMENDED ENDING

FUND ESTIMATED APPROPRI- FUND

BALANCE REVENUES ATIONS BALANCE
ORIGINAL BUDGET 27,063,982 58,630,517 65,621,068 20,073,431 CUMULATIVE REVISIONS PRIOR - 355,638 355,638 -

TO RECOMMENDED ACTION
RECOMMENDED ACTION 40,000 40,000 -
RESULTOF RECOMMENDED ACTION 27,063,982 59,026,155 66,016,706 20,073,431 Approve contract with Catholic Charities

7 CITY COUNCIL STAFF REPORT
MEETING DATE: December 17, 2025
PREPARED BY:

Michelle Bigelow, City Clerk
APPROVED BY: City Manager

APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE AND

ADMINISTER A SECOND AMENDMENT TO THE AGREEMENT WITH
SOLUTIONZ, INC., EXTENDING THE TERM OF THE AGREEMENT TO JUNE 30, 2026

RECOMMENDATION(S)
Approve and authorize the City Manager to execute and administer a second amendment to the Agreement with Solutionz, Inc., extending the term of the agreement to June 30, 2026.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Maintaining and Enhancing Infrastructure
Fostering a Positive Organizational Culture
Preserving and Cultivating Public Trust
Enhancing Diversity and Inclusiveness
2024-2025 Strategic Priorities
Fiscal Sustainability
Community Engagement
REPORT NARRATIVE:

The City entered into an agreement with Solutionz, Inc. in April 2024 to replace and upgrade the Council Chamber audio and video systems. The agreement authorized the City Manager to extend the term for up to one additional year, which was exercised and is now set to expire on December 31, 2025.

The services provided under this agreement remain necessary to complete the project.

Staff recommends extending the agreement term through June 30, 2026. There are no changes to the scope of work or the total cost. All other terms of the original agreement remain in full effect.

Because the original contract language allowed only a one-year administrative extension, City Council approval is required for any additional term extensions.

Approving the amendment ensures uninterrupted services and maintains continuity for the work already underway.

7 COMMUNITY ENGAGEMENT:

This report serves to inform the community regarding the continuation of services previously authorized by the City Council.

ALTERNATIVE ACTIONS:

Not applicable.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The City Council approved the initial agreement with Solutionz, Inc. on April 24, 2024, for the Council Chamber A/V equipment replacement and upgrade.

FISCAL AND RESOURCE IMPACT:

There is no fiscal impact associated with this amendment. Costs remain unchanged, and sufficient funds are available in the current budget.

CEQA (California Environmental Quality Act):

Not a project under CEQA. The action involves amending an existing agreement and does not result in a physical impact on the environment.

1 SECOND AMENDMENT TO AGREEMENT
SOLUTIONZ VIDEOCONFERENCING, INC. DBA SOLUTIONZ, INC.

This SECOND AMENDMENT TO AGREEMENT is entered into and becomes effective on ______________________ (Effective Date), by THE CITY OF MORGAN HILL, a municipal corporation, ("CITY") and SOLUTIONZ VIDEOCONFERENCING, INC. DBA SOLUTIONZ, INC., a California Corporation ("SERVICE PROVIDER"), hereinafter referred to collectively as the “Parties".

RECITALS
The following recitals are a substantive part of this Agreement:

1. This Second Amendment to Agreement is entered into pursuant to the action of the Morgan Hill City Council taken on ___________, ____, 20___.

2. The CITY and SERVICE PROVIDER entered into that “Service Agreement” made as of April 29, 2024, for services for a maximum compensation of Four Hundred Sixty-Five Thousand One Hundred Two Dollars and Fifty-Six Cents ($465,102.56) (“SERVICE AGREEMENT”). The Service Agreement was entered into pursuant to the action of the Morgan Hill City Council on April 24, 2024.

3. The CITY and SERVICE PROVIDER entered into a “First Amendment to Agreement” made as of January 11, 2025, under which the term was extended until December 31, 2025. The SERVICE AGREEMENT and the First Amendment thereto are attached as Exhibit “1” to this Agreement.

AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Amendments: All terms and conditions of the SERVICE AGREEMENT, as amended, as attached as Exhibit "1,” shall remain in full force and effect; except that the following amendments shall be made as set forth below:

A. Paragraph 2 shall be amended and replaced in its entirety by the following:
"2. Term of Agreement. This Agreement shall be effective and cover services rendered from April 29, 2024, until June 30, 2026. The City Manager is authorized to extend the term of this Agreement for a maximum period of one year. Any such extension shall be in writing and signed by both parties to this Agreement."
B. Exhibit C, Schedule of Performance shall be updated to be under the direction of City Staff.

2. 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.

3. Conflicts. In the event of a conflict between the terms and provisions of this Second Amendment to Agreement and the terms and provisions of the SERVICE AGREEMENT or any earlier amendment, the terms of this Second Amendment to Agreement shall govern and control.

2 4. Counterpart Signatures. This Agreement may be signed in multiple counterparts, which shall, when executed by all the Parties, constitute a single binding agreement.

TWO SIGNATURES ARE REQUIRED FOR CORPORATIONS:
(1) CHAIRPERSON OF THE BOARD, PRESIDENT, OR VICE PRESIDENT; AND (2) SECRETARY, ASSISTANT SECRETARY, CHIEF FINANCIAL OFFICER, OR ASSISTANT TREASURER.

ATTEST: CITY OF MORGAN HILL
Michelle Bigelow, City Clerk
Date:

APPROVED AS TO FORM:

Donald Larkin, City Attorney
Christina Turner, City Manager
Date:

SOLUTIONZ VIDEOCONFERENCING, INC.

DBA SOLUTIONZ, INC.

By:

Date: Title:

Date:

Print Name and Title of Signer.

If Corporate: Chairman, President,
or Vice President
By:

Title:

Date:

Print Name and Title of Signer.

If Corporate: Secretary, Assistant
Secretary, Chief Financial Officer, or
Assistant Treasurer

Docusign Envelope ID: 3471 BBF8-DB6B-4B36-9871-28B8F112B689

FIRST AMENDMENT TO AGREEMENT
SOLUTIONZ, INC.

This FIRST AMENDMENT TO AGREEMENT is entered into and becomes effective on l/ll/2025 (Effective Date), by THE CITY OF MORGAN HILL, a municipal corporation, ("CITY") and SOLUTIONZ, INC., a California Corporation ("SERVICE PROVIDER"), hereinafter referred to collectively as the "Parties".

RECITALS
The following recitals are a substantive part of this Agreement:

1. This First Amendment to Agreement is entered into pursuant to the action of the Morgan Hill City Council taken on April 24, 2024.

2. The CITY and SERVICE PROVIDER entered into that "Service Agreement" made as of April 29, 2024, for services for a maximum compensation of Four Hundred Sixty-Five Thousand One Hundred Two Dollars and Fifty-Six Cents ($465,102.56) ("SERVICE AGREEMENT"). The SERVICE AGREEMENT is attached as Exhibit "1" to this Agreement.

AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Amendments: All terms and conditions of the SERVICE AGREEMENT, as attached as Exhibit "1," shall remain in full force and effect; except that the following amendments shall be made as set forth below:

A. Paragraph 2 shall be amended and replaced in its entirety by the following:
"2. Term of Agreement. This Agreement shall be effective and cover services rendered from April 29, 2024, until December 31, 2025."
B. Paragraph 13 shall be amended and replaced in its entirety by the following:
"13. Conflict of Interest and Reporting. CONSUL TANT 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)."

2. 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. 1 EXHIBIT 1