Agenda packet — City Council and Authorities Concurrent, January 25, 2022 (part 3 of 6)

City of Santa Clara
Meeting Minutes
Planning Commission
Draft
6:00 PM Virtual Meeting12/08/2021
Pursuant to California Government Code section 54953(e) and City of Santa Clara Resolution 21-9013, the Planning Commission meeting will be held by teleconference only. No physical location will be available for this meeting; however, the City of Santa Clara continues to provide methods for the public to participate remotely:
• Via Zoom:
o https://santaclaraca.zoom.us/j/91729202898
Webinar ID: 917 2920 2898 or
o Phone: 1(669) 900-6833
• Via the City’s eComment (available during the meeting) The public may view the meetings on SantaClaraCA.gov, Santa Clara City Television (Comcast cable channel 15 or AT&T U-verse channel 99), or the livestream on the City’s YouTube channel or Facebook page.

Public Comments prior to meeting may be submitted via email to [email protected] no later than noon on the day of the meeting; and also before and during the meeting via eComment. Clearly indicate the project address, meeting body, and meeting date in the email.

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PUBLIC PARTICIPATION IN ZOOM WEBINAR: Please follow the guidelines below when participating in a Zoom Webinar:
- The meeting will be recorded so you must choose 'continue' to accept and stay in the meeting. - If there is an option to change the phone number to your name when you enter the meeting, please do so as your name will be visible online and will be used to notify you that it is your turn to speak.
- Mute all other audio before speaking. Using multiple devices can cause an audio feedback. - Use the raise your hand feature in Zoom when you would like to speak on an item and lower when finished speaking. Press *9 to raise your hand if you are calling in by phone only. - Identify yourself by name before speaking on an item. - Unmute when called on to speak and mute when done speaking. If there is background noise coming from a participant, they will be muted by the host. Press *6 if you are participating by phone to unmute.
- If you no longer wish to stay in the meeting once your item has been heard, please exit the meeting.
6:00 PM REGULAR MEETING
Chair Biagini called the meeting to order at 6:02 p.m.

Call to Order
Pledge of Allegiance and Statement of Values
Roll Call
Chair Nancy A. Biagini, Vice Chair Priya Cherukuru, Commissioner Ricci Herro, Commissioner Qian Huang, Commissioner Yuki Ikezi, Commissioner Lance Saleme, and Commissioner Yashraj Bhatnagar Present 7 -

DECLARATION OF COMMISSION PROCEDURES
Secretary Herro read the Declaration of Commission Procedures.

CONTINUANCES/EXCEPTIONS
None.

CONSENT CALENDAR

1. 21-1699 Planning Commission Meeting Minutes of November 17, 2021 Meeting Recommendation: Approve the Planning Commission Minutes of the November 17, 2021 Meeting
A motion was made by Commissioner Herro, seconded by
Commissioner Cherukuru to approve the consent calendar.

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Aye: Chair Biagini, Vice Chair Cherukuru, Commissioner Herro, Commissioner Huang, Commissioner Ikezi, Commissioner Saleme, and Commissioner Bhatnagar
7 -

PUBLIC PRESENTATIONS
Councilmembers Jain and Becker spoke to acknowledge Staff Liaison Gloria Sciara due to her upcoming retirement.

PUBLIC HEARING

2. 21-1584 Action on Use Permit for Agape Playschool / Learning Center to allow outdoor activity associated with a child daycare facility at 3700 Thomas Road
Recommendation:

Adopt a Resolution to approve a Use Permit to allow outdoor activity associated with a child day care facility at 3700 Thomas Road.

Associate Planner Debby Fernandez provided the staff presentation.

Applicant Adlin Netto spoke regarding the project. Ling Jin, Hexagon Transportation Consultants, and Josh Carman, Placeworks, of the applicant team answered questions from the Commission regarding the parking and safety concerns.Kevin O'Keefe, Universal Structural Engineers spoke regarding barriers and traffic impacts. The Commission thanked the applicant for conducting additional studies for the concerns raised when the project was last heard.

Public Speaker(s):

Brianna Covington (ecomment) - spoke regarding concerns of traffic at the site
Tim Dang - spoke in opposition to project

A motion was made by Commissioner Herro, seconded by
Commissioner Saleme to close public hearing.

Aye: Chair Biagini, Vice Chair Cherukuru, Commissioner Herro, Commissioner Huang, Commissioner Ikezi, Commissioner Saleme, and Commissioner Bhatnagar
7 -
A motion was made by Commissioner Herro, seconded by
Commissioner Saleme to approve staff recommendation.

Aye: Chair Biagini, Commissioner Herro, Commissioner Huang, Commissioner Ikezi, and Commissioner Saleme
5 -
Nay: Vice Chair Cherukuru, and Commissioner Bhatnagar2 -

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Commissioners Cherukuru and Bhatnagar voted no on this item and expressed the desire to have additional studies done regarding traffic calming measures, safety concerns regarding the proximity and line of sight of the curve of Montague Expressway to the site; the reports of previous traffic accidents near the site, concerns of limited parking at the site and noise impact.

REPORTS OF COMMISSION/BOARD LIAISON AND COMMITTEE:

1. Announcements/Other Items
The Commission, City Historian Lorie Garcia, and Staff
acknowledged Staff Liaison Gloria Sciara for her exceptional work while working with the City.

2. Commissioner Travel and Training Reports, Requests to attend Trainings None.

DIRECTOR OF COMMUNITY DEVELOPMENT REPORTS:

1. Planning Commission Budget Update
Staff provided a budget update.

2. Upcoming Agenda Items
Assistant Director of Community Development Reena Brilliot provided updates.

3. City Council Actions
Staff Liaison Gloria Sciara provided updates.

ADJOURNMENT:

A motion was made by Commissioner Ikezi, seconded by
Commissioner Huang to adjourn the meeting in honor of Staff Liaison Gloria Sciara.

The meeting adjourned at 8:12 p.m.

The next scheduled Planning Commission Special Meeting is on Monday, January 10. 2022 at 6 p.m.

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Aye: Chair Biagini, Vice Chair Cherukuru, Commissioner Herro, Commissioner Huang, Commissioner Ikezi, Commissioner Saleme, and Commissioner Bhatnagar
7 -

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The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker."
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.

Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format.

Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.

Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.

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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1559 Agenda Date: 1/25/2022

REPORT TO COUNCIL

SUBJECT
Action on Approval of the Spending Plan for Supplemental Law Enforcement Services Fund and Related Budget Amendment

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
In 1996, Assembly Bill 3229 established the Citizen’s Option for Public Safety (COPS) program’s Supplemental Law Enforcement Services Fund (SLESF). The Legislature determined that there was a compelling need for additional resources at the local level for the purpose of ensuring public safety and established the COPS program to advance community policing in all counties. The COPS program awards non-competitive and non-matching grants to law enforcement agencies to fund frontline municipal police services. The City has used these funds in prior years to purchase officer safety and duty equipment, communications equipment and vehicles, among other things, that are all used directly and solely in the provision of frontline police services to the community.

Per Government Code §§ 30061-30063, cities are allocated a proportionate share of COPS funds by the California Department of Finance, through Santa Clara County. Proportionate shares are based on population estimates determined by the California Department of Finance.

This is not a fixed amount grant. Under the standard grant program allocation, the City of Santa Clara is eligible to receive a minimum of $100,000 annually. Each fall, Santa Clara County estimates the allocation for each law enforcement agency in the county; the actual amount paid varies from the projection and is unknown until the payment cycle is complete. Monthly distributions are received via wire transfer and the City’s Finance Department deposits these funds into a separate grant account.

These distributions are not received in equal installments from month-to-month; therefore, spending over the course of the payment cycle can be unpredictable.

In recent years, the City of Santa Clara has received COPS funding as follows:

Funding
Cycle
Minimum Amount
to be Allocated
Projected Allocation * Actual Amount
Received **
COP 11 - 12 $100,000 $224,246 $169,674
COP 12 - 13 $100,000 $191,055 $200,160
COP 13 - 14 $100,000 $191,913 $205,650
COP 14 - 15 $100,000 $191,446 $219,432
COP 15 - 16 $100,000 $189,093 $244,542
COP 16 - 17 $100,000 $190,585 $270,027
COP 17 - 18 $100,000 $196,976 $282,165
COP 18 - 19 $100,000 $196,976 $307,179
COP 19 - 20 $100,000 $195,075 $305,734
COP 20 - 21 $100,000 $196,119 $327,071
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Funding
Cycle
Minimum Amount
to be Allocated
Projected Allocation * Actual Amount
Received **
COP 11 - 12 $100,000 $224,246 $169,674
COP 12 - 13 $100,000 $191,055 $200,160
COP 13 - 14 $100,000 $191,913 $205,650
COP 14 - 15 $100,000 $191,446 $219,432
COP 15 - 16 $100,000 $189,093 $244,542
COP 16 - 17 $100,000 $190,585 $270,027
COP 17 - 18 $100,000 $196,976 $282,165
COP 18 - 19 $100,000 $196,976 $307,179
COP 19 - 20 $100,000 $195,075 $305,734
COP 20 - 21 $100,000 $196,119 $327,071
*The Projected Allocation column shows the California Department of Finance’s initial estimated grant allocation. **This column reflects the total amount received by the Police Department. This report requests action on behalf of the Council for the additional funding received from FY 2020/21.

The COPS/SLESF grant does not have any application or other requirements; the monies are transferred to local entities through the County by operation of law (Government Code §§30061- 30063) and are to be expended in accordance with the requirements of those code sections. The Government Code contains the following requirements for a recipient agency:
· The funds shall be used exclusively for frontline law enforcement services · The funds cannot be used to supplant other existing funding sources for general law enforcement services
· The City Council shall appropriate existing and anticipated moneys exclusively to fund frontline municipal police services, in accordance with written requests submitted by the Chief of Police · Moneys in the fund shall not be transferred to, or intermingled with, the moneys in any other fund in the City treasury, except to the extent necessary to facilitate the appropriation and expenditure of those transferred moneys
· Once the appropriation of the grant funds is made, it cannot be subsequently altered by the City Council
· Administrative overhead costs cannot exceed of 0.5% of the City’s allocation · The funds cannot be used for a capital or construction project that does not directly support frontline law enforcement services

DISCUSSION
Santa Clara County’s estimated allocation for frontline law enforcement equipment for Fiscal Year 2021/22 is $3,391,156. Based on the January 2021 population estimate of 130,746, the City of Santa Clara expects to receive $200,298 in COPS funding, as presented in Attachment 1. Staff recommends appropriating these funds as part of this report.

In addition, the Police Department has been allocated an additional $130,952 for the FY 2020/21 COPS grant, increasing the grant from $196,119 to $327,071. The anticipated FY 2020/21 allocation was approved by City Council on March 9, 2021 (RTC #21-37), with the understanding the Police Department would return to the City Council should additional funds become available. Staff recommends appropriating the additional funding of $130,952 as part of this report.

In accordance with grant requirements, the Chief of Police hereby requests that the City Council approve the spending plan for the additional grant moneys for FY 2020/21 and the anticipated grant moneys for FY 2021/22 to fund front line municipal police services, as described below. This amount includes $88,571 for the FY 2020/21 grant and $200,298 for the FY 2021/22 grant. Please note that the original spending plan for the FY 2020/21 grant approved on March 9, 2021 totaled $238,500 and City of Santa Clara Printed on 1/20/2022Page 2 of 5
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22-1559 Agenda Date: 1/25/2022
was above the amount appropriated ($196,119) to account for the potential receipt of additional grant funds. As a result, the FY 2020/21 grant spending plan needs to be amended to account for the additional $88,571 above the plan previously presented, bringing the spending plan to $327,071.

Given the grant allocation can vary, some, or all, of the items may be purchased. If additional grant funds become available, staff will bring forward a budget adjustment.

Current
Priority
Equipment, Program or Service * Not to Exceed
Estimated Amount **
1 Non-magnifying reflector sight for firearms
(commonly referred to as red dot sights) and
corresponding accessories
$10,000
2 Protective equipment (e.g. ballistic body armor,
shields, helmets, gas masks, goggles, traffic
control vests, flashlights, etc.) for use in training or in the field
$40,000
3 Software to support advances in technology, with
an emphasis on tools to help financial crime
detectives solve bitcoin, ethereum and other
cryptocurrency crimes
$25,000
4 Expansion to the Department’s vehicle fleet to
support specialized unit equipment needs
$200,000
5 Crime scene / investigation gear $13,869
TOTAL $288,869
*Priorities may change over the course of the grant cycle and/or alternate funding sources may become available. **Estimates to be fleshed out (e.g. vendor, number of items, promotions, etc.) as funding becomes available over the grant cycle.

Staff will continue to evaluate priorities based on needs and the actual funding amount received as not all items may be funded.

ENVIRONMENTAL REVIEW
This action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.

FISCAL IMPACT
In October 2021, the City of Santa Clara received official notice from the California Department of Finance that its expected Citizens’ Option for Public Safety allocation for FY 2021/22 is $200,298.

Also, in October 2021, the Police Department received additional funding of $130,952 for the COP 2020/21 allocation, bringing the total COP 2020/21 award to $327,071.

Budget actions are recommended to recognize the COPS grant revenue and appropriate the funding in the City’s Police Operating Grant Trust Fund, as detailed in the table below.

Budget Amendment
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FY 2021/22
Current
Budget
Increase /
(Decrease)
Revised
Budget
Police Operating Grant Trust Fund
Revenue
Grant Funding - COP21 $0 $130,952 $130,952
Grant Funding - COP22 $0 $200,298 $200,298
Expenditures
Citizen’s Option for Public Safety FY
2020/21
$0 $130,952 $130,952
Citizen’s Option for Public Safety FY
2021/22
$0 $200,298 $200,298
Although equipment purchased with the grant funds will not initially create any additional cost for the City, it is possible that future repair or other servicing, or replacement costs, for such equipment would create an expense. The department will absorb such costs within future budget allocations.

COORDINATION
This report has been coordinated with the Finance Department, City Attorney’s Office and Police Department.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected].

RECOMMENDATION

1. Approve the spending plan for funds received from the Citizen’s Option for Public Safety Programs Supplemental Law Enforcement Services Fund; and

2. Consistent with City Charter Section 1305, “At any meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least five members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenue not included in the budget,” approve a FY 2021/22 budget amendment in the Police Operating Grant Trust Fund to recognize revenue in the amount of $130,952 for the COPS 21 grant and $200,298 for the COPS 22 grant, increase the Citizen’s Option for Public Safety FY 2020/21 appropriation in the amount of $130,952, and establish the Citizen’s Option for Public Safety FY 2021/22 appropriation in the amount of $200,298 (five affirmative Council votes required to appropriate additional revenue) .

Reviewed by: Patrick Nikolai, Chief of Police
Approved by: Deanna J. Santana, City Manager
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ATTACHMENTS

1. Letter from the California Department of Finance with Citizens’ Option for Public Safety percentages and allocation

2. RTC 21-37, from the March 9, 2021 City Council meeting City of Santa Clara Printed on 1/20/2022Page 5 of 5
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September 7, 2021

Honorable Betty T. Yee
State Controller
300 Capitol Mall, Suite 1850
Sacramento, CA 95814

Attention: Evelyn Calderon-Yee, Chief
Bureau of Payments, Local Government Programs and Services Division, State Controller’s Office

Dear Controller Yee:

Pursuant to Government Code section 30029.05, subdivision (e), paragraph (2), the Department of Finance respectfully submits the attached (Attachments I and II) percentages for the 2021-22 allocation of $214,200,000 in Citizens’ Option for Public Safety (COPS) and Juvenile Justice Crime Prevention Act (JJCPA) funds deposited in the Enhancing Law Enforcement Activities Subaccount (ELEAS) in the Law Enforcement Services Account within the Local Revenue Fund 2011.

Pursuant to Government Code section 30061, subdivisions (b) and (g), subsequent to the allocation described in Section 29552, subdivision (d), 47.08727192 percent of the remaining funds deposited in the ELEAS for the COPS (23.54363596 percent) and JJCPA (23.54363596 percent) programs are to be allocated, according to the relative population for each county and city, as follows:

(1) 5.15 percent to county sheriffs for county jail construction and operation ($11,031,300).

(2) 5.15 percent to district attorneys for criminal prosecution ($11,031,300).

(3) 50 percent to counties to implement a comprehensive multi-agency juvenile justice plan ($107,100,000).

(4) 39.7 percent to counties and cities for front-line law enforcement ($85,037,400).

Please note that the by-county percentages for the first three allocations above: (1) county jail construction and operation, (2) district attorney criminal prosecution, and (3) multi-agency juvenile justice plans, are specified on Attachment I and the by- county/city percentages for the fourth allocation, front-line law enforcement, are identified on Attachment II.
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Pursuant to Government Code section 30061, subdivision (b), paragraph (3), each law enforcement jurisdiction receiving front-line law enforcement funding is to receive a minimum grant of $100,000. The percentages included in Attachment II are calculated in a manner that provides for a minimum grant allocation of $100,000 to each law enforcement jurisdiction listed in Attachment II.

Also note that the allocations shown on Attachments I and II may be slightly different from the final allocations made by the State Controller’s Office due to rounding.

If you have any questions, or need additional information, please call Justin Adelman, Principal Program Budget Analyst, at (916) 445-8913.

Sincerely,

AARON EDWARDS
Assistant Program Budget Manager

Attachment

cc: Natalie Sidarous, Chief, Local Government Programs and Services Division, State Controller’s Office
Anne Kato, Assistant Chief, Local Government Programs and Services Division, State Controller’s Office
Melma Dizon, Manager, Local Apportionments Section, Local Government Programs and Services Division, State Controller’s Office Erika Bosnich, Supervisor, Local Apportionments Section, Local Government Programs and Services Division, State Controller’s Office Kathleen Howard, Executive Director, Board of State and Community Corrections

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2021-22 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety and Juvenile Justice Crime Prevention Act Allocations Based on Jan. 1, 2021 Population Estimates
Attachment I
Co. Jail
Operation
Allocation by
County
Percent of Co.

Jail Operation
Allocation by
County
District
Attorney
Allocation by
County
Percent of District
Attorney
Allocation by
County
Juvenile
Justice
Allocation by
County
Percent of
Juvenile Justice
Allocation by
County
Total
Allocation by
County
Percent of Total
Allocation by
County
Net Total
Allocation by
County
Front-line Law
Enforcement
Percent of Net
Total Allocation
by County
Alameda 1,656,591 4.19742338% 463,030 4.19742338% $463,030 4.19742338% $4,495,440 4.19742338% $5,421,501 4.19742338% $8,222,659 $2,801,158 3.29403050% Alpine 1,135 0.00287583% $317 0.00287583% $317 0.00287583% $3,080 0.00287583% $3,714 0.00287583% $103,714 $100,000 0.11759532% Amador 37,377 0.09470478% 10,447 0.09470478% $10,447 0.09470478% $101,429 0.09470478% $122,323 0.09470478% $722,323 $600,000 0.70557190% Butte 202,669 0.51351698% $56,648 0.51351698% $56,648 0.51351698% $549,977 0.51351698% $663,272 0.51351698% $1,334,070 $670,798 0.78882736% Calaveras 45,036 0.11411094% $12,588 0.11411094% $12,588 0.11411094% $122,213 0.11411094% $147,389 0.11411094% $347,389 $200,000 0.23519063% Colusa 22,248 0.05637135% $6,218 0.05637135% $6,218 0.05637135% $60,374 0.05637135% $72,811 0.05637135% $372,811 $300,000 0.35278595% Contra Costa 1,153,854 2.92360260% $322,511 2.92360260% $322,511 2.92360260% $3,131,178 2.92360260% $3,776,201 2.92360260% $6,336,161 $2,559,959 3.01039236% Del Norte 26,949 0.06828261% $7,532 0.06828261% $7,532 0.06828261% $73,131 0.06828261% $88,196 0.06828261% $288,196 $200,000 0.23519063% El Dorado 195,362 0.49500271% $54,605 0.49500271% $54,605 0.49500271% $530,148 0.49500271% $639,358 0.49500271% $1,086,120 $446,762 0.52537127% Fresno 1,026,681 2.60137526% $286,966 2.60137526% $286,966 2.60137526% $2,786,073 2.60137526% $3,360,004 2.60137526% $5,944,815 $2,584,811 3.03961652% Glenn 29,679 0.07519981% $8,296 0.07519981% $8,296 0.07519981% $80,539 0.07519981% $97,130 0.07519981% $397,130 $300,000 0.35278595% Humboldt 130,851 0.33154656% $36,574 0.33154656% $36,574 0.33154656% $355,086 0.33154656% $428,234 0.33154656% $1,234,908 $806,673 0.94861023% Imperial 186,034 0.47136768% $51,998 0.47136768% $51,998 0.47136768% $504,835 0.47136768% $608,831 0.47136768% $1,408,831 $800,000 0.94076254% Inyo 18,563 0.04703440% $5,189 0.04703440% $5,189 0.04703440% $50,374 0.04703440% $60,751 0.04703440% $260,751 $200,000 0.23519063% Kern 914,193 2.31635635% $255,524 2.31635635% $255,524 2.31635635% $2,480,818 2.31635635% $2,991,866 2.31635635% $5,288,442 $2,296,576 2.70066560% Kings 152,543 0.38650914% $42,637 0.38650914% $42,637 0.38650914% $413,951 0.38650914% $499,225 0.38650914% $999,225 $500,000 0.58797658% Lake 63,940 0.16200936% $17,872 0.16200936% $17,872 0.16200936% $173,512 0.16200936% $209,256 0.16200936% $509,256 $300,000 0.35278595% Lassen 27,572 0.06986115% $7,707 0.06986115% $7,707 0.06986115% $74,821 0.06986115% $90,234 0.06986115% $290,234 $200,000 0.23519063% Los Angeles 10,044,458 25.4503633400% $2,807,506 25.45036334% $2,807,506 25.45036334% $27,257,339 25.45036334% $32,872,351 25.45036334% $51,627,846 $18,755,495 22.05558401% Madera 158,474 0.40153694% $44,295 0.40153694% $44,295 0.40153694% $430,046 0.40153694% $518,636 0.40153694% $834,863 $316,227 0.37186818% Marin 257,774 0.65314046% $72,050 0.65314046% $72,050 0.65314046% $699,513 0.65314046% $843,613 0.65314046% $2,046,083 $1,202,470 1.41404814% Mariposa 18,037 0.04570164% $5,041 0.04570164% $5,041 0.04570164% $48,946 0.04570164% $59,029 0.04570164% $159,029 $100,000 0.11759532% Mendocino 86,669 0.21959946% $24,225 0.21959946% $24,225 0.21959946% $235,191 0.21959946% $283,640 0.21959946% $783,640 $500,000 0.58797658% Merced 284,836 0.72170939% $79,614 0.72170939% $79,614 0.72170939% $772,951 0.72170939% $932,179 0.72170939% $1,712,970 $780,792 0.91817425% Modoc 9,491 0.02404803% $2,653 0.02404803% $2,653 0.02404803% $25,755 0.02404803% $31,061 0.02404803% $231,061 $200,000 0.23519063% Mono 13,295 0.03368649% $3,716 0.03368649% $3,716 0.03368649% $36,078 0.03368649% $43,510 0.03368649% $243,510 $200,000 0.23519063% Monterey 437,318 1.10806397% $122,234 1.10806397% $122,234 1.10806397% $1,186,737 1.10806397% $1,431,204 1.10806397% $2,940,173 $1,508,969 1.77447701% Napa 137,637 0.34874073% $38,471 0.34874073% $38,471 0.34874073% $373,501 0.34874073% $450,443 0.34874073% $1,072,076 $621,633 0.73101138% Nevada 97,466 0.24695659% $27,243 0.24695659% $27,243 0.24695659% $264,491 0.24695659% $318,976 0.24695659% $719,187 $400,212 0.47063018% Orange 3,153,764 7.99091795% $881,502 7.99091795% $881,502 7.99091795% $8,558,273 7.99091795% $10,321,277 7.99091795% $15,941,772 $5,620,495 6.60943867% Placer 404,994 1.02616233% $113,199 1.02616233% $113,199 1.02616233% $1,099,020 1.02616233% $1,325,418 1.02616233% $2,233,963 $908,545 1.06840639% Plumas 18,116 0.04590181% $5,064 0.04590181% $5,064 0.04590181% $49,161 0.04590181% $59,288 0.04590181% $259,288 $200,000 0.23519063% Riverside 2,454,453 6.21902353% $686,039 6.21902353% $686,039 6.21902353% $6,660,574 6.21902353% $8,032,652 6.21902353% $12,569,172 $4,536,520 5.33473493% Sacramento 1,561,014 3.95525309% $436,316 3.95525309% $436,316 3.95525309% $4,236,076 3.95525309% $5,108,708 3.95525309% $7,658,836 $2,550,129 2.99883174% San Benito 63,526 0.16096038% $17,756 0.16096038% $17,756 0.16096038% $172,389 0.16096038% $207,901 0.16096038% $507,901 $300,000 0.35278595% San Bernardino 2,175,909 5.51325663% $608,184 5.51325663% $608,184 5.51325663% $5,904,698 5.51325663% $7,121,066 5.51325663% $11,096,877 $3,975,811 4.67536795% San Diego 3,315,404 8.40047681% $926,682 8.40047681% $926,682 8.40047681% $8,996,911 8.40047681% $10,850,274 8.40047681% $16,339,671 $5,489,397 6.45527322% San Francisco 875,010 2.21707557% $244,572 2.21707557% $244,572 2.21707557% $2,374,488 2.21707557% $2,863,632 2.21707557% $4,204,113 $1,340,481 1.57634261% San Joaquin 783,534 1.98529627% $219,004 1.98529627% $219,004 1.98529627% $2,126,252 1.98529627% $2,564,260 1.98529627% $3,984,488 $1,420,228 1.67012132% San Luis Obispo 271,172 0.68708794% $75,795 0.68708794% $75,795 0.68708794% $735,871 0.68708794% $887,461 0.68708794% $1,764,411 $876,951 1.03125287% San Mateo 765,245 1.93895612% $213,892 1.93895612% $213,892 1.93895612% $2,076,622 1.93895612% $2,504,406 1.93895612% $4,861,980 $2,357,574 2.77239648% Santa Barbara 441,172 1.11782913% $123,311 1.11782913% $123,311 1.11782913% $1,197,195 1.11782913% $1,443,817 1.11782913% $2,555,264 $1,111,447 1.30700909% Santa Clara 1,934,171 4.90074773% $540,616 4.90074773% $540,616 4.90074773% $5,248,701 4.90074773% $6,329,933 4.90074773% $9,721,089 $3,391,156 3.98784092% Santa Cruz 261,115 0.66160580% $72,984 0.66160580% $72,984 0.66160580% $708,580 0.66160580% $854,547 0.66160580% $1,456,378 $601,831 0.70772531% Shasta 177,797 0.45049701% $49,696 0.45049701% $49,696 0.45049701% $482,482 0.45049701% $581,874 0.45049701% $1,022,377 $440,504 0.51801179% Sierra 3,189 0.00808020% $891 0.00808020% $891 0.00808020% $8,654 0.00808020% $10,437 0.00808020% $210,437 $200,000 0.23519063% Siskiyou 44,330 0.11232210% $12,391 0.11232210% $12,391 0.11232210% $120,297 0.11232210% $145,078 0.11232210% $1,245,078 $1,100,000 1.29354849% Solano 438,527 1.11112730% $122,572 1.11112730% $122,572 1.11112730% $1,190,017 1.11112730% $1,435,161 1.11112730% $2,446,670 $1,011,509 1.18948764% Sonoma 484,207 1.22686999% $135,340 1.22686999% $135,340 1.22686999% $1,313,978 1.22686999% $1,584,657 1.22686999% $2,853,163 $1,268,506 1.49170329% Stanislaus 555,968 1.40869598% $155,397 1.40869598% $155,397 1.40869598% $1,508,713 1.40869598% $1,819,508 1.40869598% $3,143,212 $1,323,704 1.55661394% Sutter 101,289 0.25664320% $28,311 0.25664320% $28,311 0.25664320% $274,865 0.25664320% $331,487 0.25664320% $639,913 $308,426 0.36269458% Tehama 65,354 0.16559212% $18,267 0.16559212% $18,267 0.16559212% $177,349 0.16559212% $213,883 0.16559212% $613,883 $400,000 0.47038127% Trinity 13,535 0.03429460% $3,783 0.03429460% $3,783 0.03429460% $36,730 0.03429460% $44,296 0.03429460% $144,296 $100,000 0.11759532% Tulare 481,733 1.22060144% $134,648 1.22060144% $134,648 1.22060144% $1,307,264 1.22060144% $1,576,561 1.22060144% $2,716,082 $1,139,521 1.34002364% Tuolumne 53,465 0.13546810% $14,944 0.13546810% $14,944 0.13546810% $145,086 0.13546810% $174,974 0.13546810% $374,974 $200,000 0.23519063% Ventura 835,223 2.11626439% $233,451 2.11626439% $233,451 2.11626439% $2,266,519 2.11626439% $2,733,422 2.11626439% $4,339,396 $1,605,974 1.88855067% Yolo 217,500 0.55109534% $60,793 0.55109534% $60,793 0.55109534% $590,223 0.55109534% $711,809 0.55109534% $1,217,966 $506,157 0.59521717% Yuba 79,407 0.20119921% $22,195 0.20119921% $22,195 0.20119921% $215,484 0.20119921% $259,874 0.20119921% $559,874 $300,000 0.35278595% Total 39,466,855 100.00000000% $11,031,300 100.00000000% $11,031,300 100.00000000% $107,100,000 100.00000000% $129,162,600 100.00000000% $214,200,000 $85,037,400 100.00000000% *Note that the COPS Front-line Law Enforcement breakdown by county and city for SCO distribution is provided in Attachment II. 107,100,000 129,162,600
Total

5.15%
Net Total (Including Front-line Enforcemnet) JJCPA
100.00%
214,200,000

50.00% 60.30%
COUNTY
1/1/2021
Population by
County
Percent of 1/1/2021
Population by County
COPS (Excluding Front-line Enforcement)*

5.15%
11,031,300 11,031,300
2021-22 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety
Front-line Law Enforcement Allocation for 2021-22

ATTACHMENT II
City/County
City/County
Population Estimates
1/1/2021
Projected Allocations by
City/County
Percent of Allocation by
City/County
Alameda 1,656,591 $2,801,158 3.29403052%
Alameda 80,884 $123,911 0.14571364%
Albany 17,055 $100,000 0.11759532%
Berkeley 116,761 $178,873 0.21034656%
Dublin 64,695 $100,000 0.11759532%
Emeryville 12,586 $100,000 0.11759532%
Fremont 234,239 $358,845 0.42198480%
Hayward 158,089 $242,186 0.28479952%
Livermore 91,216 $139,739 0.16432689%
Newark 48,859 $100,000 0.11759532%
Oakland 435,514 $667,190 0.78458449%
Piedmont 11,296 $100,000 0.11759532%
Pleasanton 78,371 $120,061 0.14118644%
San Leandro 87,289 $133,723 0.15725234%
Union City 72,779 $111,495 0.13111237%
Unincorporated 146,958 $225,134 0.26474687%
Alpine 1,135 $100,000 0.11759532%
Amador 37,377 $600,000 0.70557192%
Amador 153 $100,000 0.11759532%
Ione 7,712 $100,000 0.11759532%
Jackson 4,621 $100,000 0.11759532%
Plymouth 950 $100,000 0.11759532%
Sutter Creek 2,421 $100,000 0.11759532%
Unincorporated 21,520 $100,000 0.11759532%
Butte 202,669 $670,798 0.78882738%
Biggs 1,727 $100,000 0.11759532%
Chico 111,490 $170,798 0.20085078%
Gridley 6,129 $100,000 0.11759532%
Oroville 17,863 $100,000 0.11759532%
Paradise 6,046 $100,000 0.11759532%
Unincorporated 59,414 $100,000 0.11759532%
Calaveras 45,036 $200,000 0.23519064%
Angels City 4,038 $100,000 0.11759532%
Unincorporated 40,998 $100,000 0.11759532%
Colusa 22,248 $300,000 0.35278596%
Colusa 6,268 $100,000 0.11759532%
Williams 5,487 $100,000 0.11759532%
Unincorporated 10,493 $100,000 0.11759532%
Contra Costa 1,153,854 $2,559,959 3.01039241%
Antioch 112,848 $172,879 0.20329723%
Brentwood 66,097 $101,258 0.11907466%
Clayton 11,268 $100,000 0.11759532%
Concord 129,273 $198,041 0.23288710%
Danville 43,906 $100,000 0.11759532%
El Cerrito 24,846 $100,000 0.11759532%
Hercules 25,864 $100,000 0.11759532%
Lafayette 25,358 $100,000 0.11759532%
Martinez 36,827 $100,000 0.11759532%
Moraga 16,820 $100,000 0.11759532%
Oakley 42,895 $100,000 0.11759532%
Orinda 19,078 $100,000 0.11759532%
Pinole 19,369 $100,000 0.11759532%
Pittsburg 74,498 $114,128 0.13420918%
2021-22 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety
Front-line Law Enforcement Allocation for 2021-22

ATTACHMENT II
City/County
City/County
Population Estimates
1/1/2021
Projected Allocations by
City/County
Percent of Allocation by
City/County
Pleasant Hill 34,133 $100,000 0.11759532%
Richmond 110,130 $168,715 0.19840072%
San Pablo 31,041 $100,000 0.11759532%
San Ramon 83,863 $128,475 0.15108035%
Walnut Creek 71,317 $109,255 0.12847856%
Unincorporated 174,423 $267,209 0.31422545%
Kensington Police Department 0 $100,000 0.11759532%
Del Norte 26,949 $200,000 0.23519064%
Crescent City 6,282 $100,000 0.11759532%
Unincorporated 20,667 $100,000 0.11759532%
El Dorado 195,362 $446,762 0.52537128%
Placerville 10,888 $100,000 0.11759532%
South Lake Tahoe 23,398 $100,000 0.11759532%
Unincorporated 161,076 $246,762 0.29018064%
Fresno 1,026,681 $2,584,811 3.03961656%
Clovis 121,834 $186,645 0.21948564%
Coalinga 16,748 $100,000 0.11759532%
Firebaugh 8,126 $100,000 0.11759532%
Fowler 6,601 $100,000 0.11759532%
Fresno 546,770 $837,630 0.98501371%
Huron 7,404 $100,000 0.11759532%
Kerman 16,118 $100,000 0.11759532%
Kingsburg 13,084 $100,000 0.11759532%
Mendota 12,448 $100,000 0.11759532%
Orange Cove 9,581 $100,000 0.11759532%
Parlier 15,828 $100,000 0.11759532%
Reedley 26,087 $100,000 0.11759532%
Sanger 27,353 $100,000 0.11759532%
San Joaquin 4,145 $100,000 0.11759532%
Selma 24,487 $100,000 0.11759532%
Unincorporated 170,067 $260,536 0.30637805%
Glenn 29,679 $300,000 0.35278596%
Orland 8,527 $100,000 0.11759532%
Willows 6,233 $100,000 0.11759532%
Unincorporated 14,919 $100,000 0.11759532%
Humboldt 130,851 $806,673 0.94861025%
Arcata 16,909 $100,000 0.11759532%
Blue Lake 1,262 $100,000 0.11759532%
Eureka 26,113 $100,000 0.11759532%
Ferndale 1,368 $100,000 0.11759532%
Fortuna 11,926 $100,000 0.11759532%
Rio Dell 3,299 $100,000 0.11759532%
Trinidad 342 $100,000 0.11759532%
Unincorporated 69,632 $106,673 0.12544301%
Imperial 186,034 $800,000 0.94076256%
Brawley 27,326 $100,000 0.11759532%
Calexico 40,485 $100,000 0.11759532%
Calipatria 6,509 $100,000 0.11759532%
El Centro 44,997 $100,000 0.11759532%
Holtville 6,236 $100,000 0.11759532%
Imperial 20,289 $100,000 0.11759532%
Westmorland 2,305 $100,000 0.11759532%
Unincorporated 37,887 $100,000 0.11759532%
2021-22 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety
Front-line Law Enforcement Allocation for 2021-22

ATTACHMENT II
City/County
City/County
Population Estimates
1/1/2021
Projected Allocations by
City/County
Percent of Allocation by
City/County
Inyo 18,563 $200,000 0.23519064%
Bishop 3,924 $100,000 0.11759532%
Unincorporated 14,639 $100,000 0.11759532%
Kern 914,193 $2,296,576 2.70066563%
Arvin 22,014 $100,000 0.11759532%
Bakersfield 397,392 $608,789 0.71590718%
California City 14,120 $100,000 0.11759532%
Delano 51,070 $100,000 0.11759532%
Maricopa 1,142 $100,000 0.11759532%
McFarland 14,044 $100,000 0.11759532%
Ridgecrest 29,591 $100,000 0.11759532%
Shafter 20,448 $100,000 0.11759532%
Taft 7,142 $100,000 0.11759532%
Tehachapi 12,008 $100,000 0.11759532%
Wasco 26,815 $100,000 0.11759532%
Unincorporated 318,407 $487,787 0.57361461%
Bear Valley Community Services District 0 $100,000 0.11759532% Stallion Springs Community Services District 0 $100,000 0.11759532% Kings 152,543 $500,000 0.58797660%
Avenal 12,354 $100,000 0.11759532%
Corcoran 20,476 $100,000 0.11759532%
Hanford 59,981 $100,000 0.11759532%
Lemoore 26,809 $100,000 0.11759532%
Unincorporated 32,923 $100,000 0.11759532%
Lake 63,940 $300,000 0.35278596%
Clearlake 13,993 $100,000 0.11759532%
Lakeport 4,774 $100,000 0.11759532%
Unincorporated 45,173 $100,000 0.11759532%
Lassen 27,572 $200,000 0.23519064%
Susanville 12,729 $100,000 0.11759532%
Unincorporated 14,843 $100,000 0.11759532%
Los Angeles 10,044,458 $18,755,495 22.05558306%
Agoura Hills 20,457 $100,000 0.11759532%
Alhambra 86,258 $132,144 0.15539498%
Arcadia 57,660 $100,000 0.11759532%
Artesia 16,484 $100,000 0.11759532%
Avalon 3,973 $100,000 0.11759532%
Azusa 49,587 $100,000 0.11759532%
Baldwin Park 75,935 $116,329 0.13679795%
Bell 36,319 $100,000 0.11759532%
Bellflower 77,458 $118,663 0.13954166%
Bell Gardens 42,233 $100,000 0.11759532%
Beverly Hills 33,399 $100,000 0.11759532%
Bradbury 1,045 $100,000 0.11759532%
Burbank 103,969 $159,276 0.18730159%
Calabasas 24,341 $100,000 0.11759532%
Carson 91,668 $140,432 0.16514117%
Cerritos 50,048 $100,000 0.11759532%
Claremont 35,707 $100,000 0.11759532%
Commerce 12,792 $100,000 0.11759532%
Compton 97,775 $149,787 0.17614301%
Covina 48,833 $100,000 0.11759532%
Cudahy 23,750 $100,000 0.11759532%
2021-22 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety
Front-line Law Enforcement Allocation for 2021-22

ATTACHMENT II
City/County
City/County
Population Estimates
1/1/2021
Projected Allocations by
City/County
Percent of Allocation by
City/County
Culver City 39,805 $100,000 0.11759532%
Diamond Bar 56,717 $100,000 0.11759532%
Downey 111,425 $170,699 0.20073368%
Duarte 21,457 $100,000 0.11759532%
El Monte 116,465 $178,420 0.20981331%
El Segundo 16,660 $100,000 0.11759532%
Gardena 60,344 $100,000 0.11759532%
Glendale 203,834 $312,266 0.36720977%
Glendora 51,540 $100,000 0.11759532%
Hawaiian Gardens 14,467 $100,000 0.11759532%
Hawthorne 86,999 $133,279 0.15672990%
Hermosa Beach 19,451 $100,000 0.11759532%
Hidden Hills 1,913 $100,000 0.11759532%
Huntington Park 58,937 $100,000 0.11759532%
Industry 427 $100,000 0.11759532%
Inglewood 110,159 $168,759 0.19845296%
Irwindale 1,441 $100,000 0.11759532%
La Canada Flintridge 20,194 $100,000 0.11759532%
La Habra Heights 5,451 $100,000 0.11759532%
Lakewood 80,218 $122,891 0.14451384%
La Mirada 48,631 $100,000 0.11759532%
Lancaster 161,372 $247,216 0.29071389%
La Puente 40,087 $100,000 0.11759532%
La Verne 33,084 $100,000 0.11759532%
Lawndale 32,710 $100,000 0.11759532%
Lomita 20,431 $100,000 0.11759532%
Long Beach 467,730 $716,544 0.84262206%
Los Angeles 3,923,341 $6,010,404 7.06795189%
Lynwood 69,880 $107,053 0.12588979%
Malibu 11,537 $100,000 0.11759532%
Manhattan Beach 35,058 $100,000 0.11759532%
Maywood 27,670 $100,000 0.11759532%
Monrovia 38,479 $100,000 0.11759532%
Montebello 62,914 $100,000 0.11759532%
Monterey Park 60,380 $100,000 0.11759532%
Norwalk 105,393 $161,458 0.18986695%
Palmdale 156,074 $239,099 0.28116947%
Palos Verdes Estates 13,286 $100,000 0.11759532%
Paramount 55,200 $100,000 0.11759532%
Pasadena 145,306 $222,603 0.26177077%
Pico Rivera 63,157 $100,000 0.11759532%
Pomona 151,319 $231,815 0.27260327%
Rancho Palos Verdes 41,541 $100,000 0.11759532%
Redondo Beach 66,484 $101,851 0.11977185%
Rolling Hills 1,866 $100,000 0.11759532%
Rolling Hills Estates 8,098 $100,000 0.11759532%
Rosemead 54,229 $100,000 0.11759532%
San Dimas 34,003 $100,000 0.11759532%
San Fernando 24,754 $100,000 0.11759532%
San Gabriel 39,945 $100,000 0.11759532%
San Marino 12,961 $100,000 0.11759532%
Santa Clarita 221,572 $339,440 0.39916502%
Santa Fe Springs 18,129 $100,000 0.11759532%
Santa Monica 92,968 $142,423 0.16748314%
Sierra Madre 10,655 $100,000 0.11759532%
Signal Hill 11,617 $100,000 0.11759532%
South El Monte 21,296 $100,000 0.11759532%
South Gate 96,553 $147,915 0.17394156%
South Pasadena 25,668 $100,000 0.11759532%
2021-22 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety
Front-line Law Enforcement Allocation for 2021-22

ATTACHMENT II
City/County
City/County
Population Estimates
1/1/2021
Projected Allocations by
City/County
Percent of Allocation by
City/County
Temple City 36,225 $100,000 0.11759532%
Torrance 144,832 $221,877 0.26091685%
Vernon 295 $100,000 0.11759532%
Walnut 29,835 $100,000 0.11759532%
West Covina 105,593 $161,764 0.19022725%
West Hollywood 36,125 $100,000 0.11759532%
Westlake Village 8,180 $100,000 0.11759532%
Whittier 86,196 $132,049 0.15528329%
Unincorporated 1,024,204 $1,569,040 1.84511767%
Madera 158,474 $316,227 0.37186818%
Chowchilla 17,330 $100,000 0.11759532%
Madera 66,172 $101,373 0.11920977%
Unincorporated 74,972 $114,854 0.13506309%
Marin 257,774 $1,202,470 1.41404818%
Belvedere 2,066 $100,000 0.11759532%
Corte Madera 10,029 $100,000 0.11759532%
Fairfax 7,498 $100,000 0.11759532%
Larkspur 12,194 $100,000 0.11759532%
Mill Valley 14,550 $100,000 0.11759532%
Novato 53,486 $100,000 0.11759532%
Ross 2,547 $100,000 0.11759532%
San Anselmo 12,689 $100,000 0.11759532%
San Rafael 59,016 $100,000 0.11759532%
Sausalito 7,355 $100,000 0.11759532%
Tiburon 9,456 $100,000 0.11759532%
Unincorporated 66,888 $102,470 0.12049966%
Mariposa 18,037 $100,000 0.11759532%
Mendocino 86,669 $500,000 0.58797660%
Fort Bragg 7,409 $100,000 0.11759532%
Point Arena 435 $100,000 0.11759532%
Ukiah 15,526 $100,000 0.11759532%
Willits 5,040 $100,000 0.11759532%
Unincorporated 58,259 $100,000 0.11759532%
Merced 284,836 $780,792 0.91817426%
Atwater 31,810 $100,000 0.11759532%
Dos Palos 5,575 $100,000 0.11759532%
Gustine 5,845 $100,000 0.11759532%
Livingston 15,448 $100,000 0.11759532%
Los Banos 42,869 $100,000 0.11759532%
Merced 90,971 $139,364 0.16388551%
Unincorporated 92,318 $141,428 0.16631215%
Modoc 9,491 $200,000 0.23519064%
Alturas 2,886 $100,000 0.11759532%
Unincorporated 6,605 $100,000 0.11759532%
Mono 13,295 $200,000 0.23519064%
Mammoth Lakes 7,827 $100,000 0.11759532%
Unincorporated 5,468 $100,000 0.11759532%
Monterey 437,318 $1,508,969 1.77447704%
Carmel-by-the-Sea 4,023 $100,000 0.11759532%
Del Rey Oaks 1,670 $100,000 0.11759532%
Gonzales 8,490 $100,000 0.11759532%
2021-22 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety
Front-line Law Enforcement Allocation for 2021-22

ATTACHMENT II
City/County
City/County
Population Estimates
1/1/2021
Projected Allocations by
City/County
Percent of Allocation by
City/County
Greenfield 18,402 $100,000 0.11759532%
King City 14,977 $100,000 0.11759532%
Marina 21,920 $100,000 0.11759532%
Monterey 28,382 $100,000 0.11759532%
Pacific Grove 15,536 $100,000 0.11759532%
Salinas 160,206 $245,429 0.28861332%
Sand City 385 $100,000 0.11759532%
Seaside 32,121 $100,000 0.11759532%
Soledad 24,454 $100,000 0.11759532%
Unincorporated 106,752 $163,540 0.19231520%
Napa 137,637 $621,633 0.73101139%
American Canyon 20,802 $100,000 0.11759532%
Calistoga 5,340 $100,000 0.11759532%
Napa 79,397 $121,633 0.14303479%
St Helena 6,070 $100,000 0.11759532%
Yountville 2,642 $100,000 0.11759532%
Unincorporated 23,386 $100,000 0.11759532%
Nevada 97,466 $400,212 0.47063019%
Grass Valley 12,758 $100,000 0.11759532%
Nevada City 3,081 $100,000 0.11759532%
Truckee 16,213 $100,000 0.11759532%
Unincorporated 65,414 $100,212 0.11784423%
Orange 3,153,764 $5,620,495 6.60943873%
Aliso Viejo 49,813 $100,000 0.11759532%
Anaheim 353,468 $541,499 0.63677749%
Brea 45,137 $100,000 0.11759532%
Buena Park 81,626 $125,048 0.14705037%
Costa Mesa 112,780 $172,775 0.20317473%
Cypress 48,531 $100,000 0.11759532%
Dana Point 33,189 $100,000 0.11759532%
Fountain Valley 54,953 $100,000 0.11759532%
Fullerton 139,431 $213,603 0.25118687%
Garden Grove 172,476 $264,226 0.31071790%
Huntington Beach 196,874 $301,603 0.35467123%
Irvine 271,564 $416,025 0.48922630%
Laguna Beach 22,495 $100,000 0.11759532%
Laguna Hills 31,073 $100,000 0.11759532%
Laguna Niguel 65,168 $100,000 0.11759532%
Laguna Woods 16,036 $100,000 0.11759532%
La Habra 62,808 $100,000 0.11759532%
Lake Forest 84,538 $129,509 0.15229638%
La Palma 15,442 $100,000 0.11759532%
Los Alamitos 11,538 $100,000 0.11759532%
Mission Viejo 94,119 $144,187 0.16955668%
Newport Beach 85,865 $131,542 0.15468698%
Orange 137,366 $210,439 0.24746675%
Placentia 51,173 $100,000 0.11759532%
Rancho Santa Margarita 48,183 $100,000 0.11759532%
San Clemente 64,065 $100,000 0.11759532%
San Juan Capistrano 35,801 $100,000 0.11759532%
Santa Ana 331,369 $507,644 0.59696583%
Seal Beach 24,443 $100,000 0.11759532%
Stanton 39,573 $100,000 0.11759532%
Tustin 80,009 $122,571 0.14413732%
Villa Park 5,759 $100,000 0.11759532%
Westminster 91,466 $140,122 0.16477726%
2021-22 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety
Front-line Law Enforcement Allocation for 2021-22

ATTACHMENT II
City/County
City/County
Population Estimates
1/1/2021
Projected Allocations by
City/County
Percent of Allocation by
City/County
Yorba Linda 67,846 $103,937 0.12222551%
Unincorporated 127,787 $195,765 0.23021005%
Placer 404,994 $908,545 1.06840640%
Auburn 14,433 $100,000 0.11759532%
Colfax 2,172 $100,000 0.11759532%
Lincoln 49,624 $100,000 0.11759532%
Loomis 6,808 $100,000 0.11759532%
Rocklin 70,469 $107,956 0.12695088%
Roseville 146,875 $225,007 0.26459734%
Unincorporated 114,613 $175,583 0.20647690%
Plumas 18,116 $200,000 0.23519064%
Portola 1,928 $100,000 0.11759532%
Unincorporated 16,188 $100,000 0.11759532%
Riverside 2,454,453 $4,536,520 5.33473499%
Banning 32,233 $100,000 0.11759532%
Beaumont 52,686 $100,000 0.11759532%
Blythe 18,556 $100,000 0.11759532%
Calimesa 10,236 $100,000 0.11759532%
Canyon Lake 11,025 $100,000 0.11759532%
Cathedral City 53,973 $100,000 0.11759532%
Coachella 47,825 $100,000 0.11759532%
Corona 169,454 $259,597 0.30527372%
Desert Hot Springs 30,086 $100,000 0.11759532%
Eastvale 67,626 $103,600 0.12182917%
Hemet 84,525 $129,489 0.15227296%
Indian Wells 5,428 $100,000 0.11759532%
Indio 91,621 $140,360 0.16505650%
Jurupa Valley 108,097 $165,600 0.19473824%
Lake Elsinore 64,762 $100,000 0.11759532%
La Quinta 41,247 $100,000 0.11759532%
Menifee 99,686 $152,715 0.17958571%
Moreno Valley 209,426 $320,832 0.37728383%
Murrieta 115,172 $176,439 0.20748395%
Norco 26,107 $100,000 0.11759532%
Palm Desert 53,892 $100,000 0.11759532%
Palm Springs 47,754 $100,000 0.11759532%
Perris 78,977 $120,990 0.14227816%
Rancho Mirage 18,799 $100,000 0.11759532%
Riverside 324,302 $496,818 0.58423454%
San Jacinto 51,269 $100,000 0.11759532%
Temecula 112,771 $172,761 0.20315852%
Wildomar 37,013 $100,000 0.11759532%
Unincorporated 389,905 $597,319 0.70241925%
Sacramento 1,561,014 $2,550,129 2.99883174%
Citrus Heights 87,811 $134,523 0.15819273%
Elk Grove 178,124 $272,879 0.32089285%
Folsom 82,303 $126,085 0.14826999%
Galt 26,116 $100,000 0.11759532%
Isleton 832 $100,000 0.11759532%
Rancho Cordova 79,662 $122,039 0.14351219%
Sacramento 515,673 $789,991 0.92899204%
Unincorporated 590,493 $904,612 1.06378130%
San Benito 63,526 $300,000 0.35278596%
Hollister 41,386 $100,000 0.11759532%
2021-22 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety
Front-line Law Enforcement Allocation for 2021-22

ATTACHMENT II
City/County
City/County
Population Estimates
1/1/2021
Projected Allocations by
City/County
Percent of Allocation by
City/County
San Juan Bautista 2,151 $100,000 0.11759532%
Unincorporated 19,989 $100,000 0.11759532%
San Bernardino 2,175,909 $3,975,811 4.67536798%
Adelanto 35,147 $100,000 0.11759532%
Apple Valley 74,350 $113,901 0.13394255%
Barstow 24,205 $100,000 0.11759532%
Big Bear Lake 5,189 $100,000 0.11759532%
Chino 88,184 $135,094 0.15886470%
Chino Hills 82,661 $126,633 0.14891493%
Colton 54,198 $100,000 0.11759532%
Fontana 213,944 $327,754 0.38542307%
Grand Terrace 12,399 $100,000 0.11759532%
Hesperia 96,053 $147,149 0.17304081%
Highland 55,060 $100,000 0.11759532%
Loma Linda 24,895 $100,000 0.11759532%
Montclair 39,598 $100,000 0.11759532%
Needles 5,353 $100,000 0.11759532%
Ontario 182,004 $278,823 0.32788272%
Rancho Cucamonga 175,131 $268,294 0.31550092%
Redlands 71,154 $109,005 0.12818491%
Rialto 102,567 $157,129 0.18477587%
San Bernardino 216,291 $331,349 0.38965123%
Twentynine Palms 29,967 $100,000 0.11759532%
Upland 78,513 $120,279 0.14144225%
Victorville 127,170 $194,819 0.22909851%
Yucaipa 55,634 $100,000 0.11759532%
Yucca Valley 22,330 $100,000 0.11759532%
Unincorporated 303,912 $465,581 0.54750167%
San Diego 3,315,404 $5,489,397 6.45527325%
Carlsbad 115,501 $176,943 0.20807665%
Chula Vista 274,449 $420,445 0.49442367%
Coronado 22,357 $100,000 0.11759532%
Del Mar 4,258 $100,000 0.11759532%
El Cajon 103,243 $158,164 0.18599369%
Encinitas 62,289 $100,000 0.11759532%
Escondido 151,688 $232,380 0.27326803%
Imperial Beach 27,774 $100,000 0.11759532%
La Mesa 59,578 $100,000 0.11759532%
Lemon Grove 26,345 $100,000 0.11759532%
National City 62,749 $100,000 0.11759532%
Oceanside 176,754 $270,780 0.31842477%
Poway 48,936 $100,000 0.11759532%
San Diego 1,411,034 $2,161,648 2.54199726%
San Marcos 96,302 $147,531 0.17348938%
Santee 56,800 $100,000 0.11759532%
Solana Beach 13,827 $100,000 0.11759532%
Vista 103,268 $158,202 0.18603873%
Unincorporated 498,252 $763,302 0.89760787%
San Francisco 875,010 $1,340,481 1.57634261%
San Joaquin 783,534 $1,420,228 1.67012133%
Escalon 7,501 $100,000 0.11759532%
Lathrop 28,503 $100,000 0.11759532%
Lodi 68,751 $105,324 0.12385588%
Manteca 87,319 $133,769 0.15730639%
Ripon 16,292 $100,000 0.11759532%
2021-22 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety
Front-line Law Enforcement Allocation for 2021-22

ATTACHMENT II
City/County
City/County
Population Estimates
1/1/2021
Projected Allocations by
City/County
Percent of Allocation by
City/County
Stockton 320,876 $491,569 0.57806255%
Tracy 98,601 $151,053 0.17763106%
Unincorporated 155,691 $238,512 0.28047949%
San Luis Obispo 271,172 $876,951 1.03125290%
Arroyo Grande 17,555 $100,000 0.11759532%
Atascadero 29,623 $100,000 0.11759532%
El Paso de Robles 31,073 $100,000 0.11759532%
Grover Beach 13,128 $100,000 0.11759532%
Morro Bay 10,121 $100,000 0.11759532%
Pismo Beach 8,108 $100,000 0.11759532%
San Luis Obispo 46,058 $100,000 0.11759532%
Unincorporated 115,506 $176,951 0.20808566%
San Mateo 765,245 $2,357,574 2.77239653%
Atherton 6,896 $100,000 0.11759532%
Belmont 26,470 $100,000 0.11759532%
Brisbane 4,579 $100,000 0.11759532%
Burlingame 29,746 $100,000 0.11759532%
Colma 1,659 $100,000 0.11759532%
Daly City 108,599 $166,369 0.19564260%
East Palo Alto 30,350 $100,000 0.11759532%
Foster City 32,842 $100,000 0.11759532%
Half Moon Bay 12,309 $100,000 0.11759532%
Hillsborough 11,391 $100,000 0.11759532%
Menlo Park 34,825 $100,000 0.11759532%
Millbrae 22,509 $100,000 0.11759532%
Pacifica 37,890 $100,000 0.11759532%
Portola Valley 4,560 $100,000 0.11759532%
Redwood City 85,182 $130,495 0.15345655%
San Bruno 44,936 $100,000 0.11759532%
San Carlos 29,814 $100,000 0.11759532%
San Mateo 103,045 $157,861 0.18563699%
South San Francisco 67,135 $102,848 0.12094463%
Woodside 5,628 $100,000 0.11759532%
Unincorporated 64,880 $100,000 0.11759532%
Broadmoor Police Protection District 0 $100,000 0.11759532% Santa Barbara 441,172 $1,111,447 1.30700911%
Buellton 5,435 $100,000 0.11759532%
Carpinteria 13,196 $100,000 0.11759532%
Goleta 32,339 $100,000 0.11759532%
Guadalupe 8,346 $100,000 0.11759532%
Lompoc 42,493 $100,000 0.11759532%
Santa Barbara 93,055 $142,557 0.16763987%
Santa Maria 107,445 $164,601 0.19356365%
Solvang 5,512 $100,000 0.11759532%
Unincorporated 133,351 $204,288 0.24023367%
Santa Clara 1,934,171 $3,391,156 3.98784095%
Campbell 41,533 $100,000 0.11759532%
Cupertino 58,656 $100,000 0.11759532%
Gilroy 56,599 $100,000 0.11759532%
Los Altos 30,510 $100,000 0.11759532%
Los Altos Hills 8,390 $100,000 0.11759532%
Los Gatos 30,836 $100,000 0.11759532%
Milpitas 75,663 $115,913 0.13630794%
Monte Sereno 3,604 $100,000 0.11759532%
Morgan Hill 47,374 $100,000 0.11759532%
2021-22 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety
Front-line Law Enforcement Allocation for 2021-22

ATTACHMENT II
City/County
City/County
Population Estimates
1/1/2021
Projected Allocations by
City/County
Percent of Allocation by
City/County
Mountain View 82,814 $126,868 0.14919057%
Palo Alto 67,657 $103,648 0.12188502%
San Jose 1,029,782 $1,577,585 1.85516651%
Santa Clara 130,746 $200,298 0.23554073%
Saratoga 30,546 $100,000 0.11759532%
Sunnyvale 153,827 $235,657 0.27712147%
Unincorporated 85,634 $131,188 0.15427083%
Santa Cruz 261,115 $601,831 0.70772532%
Capitola 10,091 $100,000 0.11759532%
Santa Cruz 56,156 $100,000 0.11759532%
Scotts Valley 11,755 $100,000 0.11759532%
Watsonville 51,366 $100,000 0.11759532%
Unincorporated 131,747 $201,831 0.23734404%
Shasta 177,797 $440,504 0.51801180%
Anderson 10,702 $100,000 0.11759532%
Redding 91,715 $140,504 0.16522584%
Shasta Lake 10,657 $100,000 0.11759532%
Unincorporated 64,723 $100,000 0.11759532%
Sierra 3,189 $200,000 0.23519064%
Loyalton 754 $100,000 0.11759532%
Unincorporated 2,435 $100,000 0.11759532%
Siskiyou 44,330 $1,100,000 1.29354852%
Dorris 991 $100,000 0.11759532%
Dunsmuir 1,648 $100,000 0.11759532%
Etna 743 $100,000 0.11759532%
Fort Jones 670 $100,000 0.11759532%
Montague 1,353 $100,000 0.11759532%
Mount Shasta 3,408 $100,000 0.11759532%
Tulelake 902 $100,000 0.11759532%
Weed 2,657 $100,000 0.11759532%
Yreka 7,746 $100,000 0.11759532%
Unincorporated 24,212 $100,000 0.11759532%
Lake Shastina Community Services District 0 $100,000 0.11759532% Solano 438,527 $1,011,509 1.18948766%
Benicia 27,111 $100,000 0.11759532%
Dixon 20,197 $100,000 0.11759532%
Fairfield 118,005 $180,779 0.21258764%
Rio Vista 10,080 $100,000 0.11759532%
Suisun City 28,882 $100,000 0.11759532%
Vacaville 98,041 $150,195 0.17662222%
Vallejo 117,846 $180,535 0.21230120%
Unincorporated 18,365 $100,000 0.11759532%
Sonoma 484,207 $1,268,506 1.49170332%
Cloverdale 9,133 $100,000 0.11759532%
Cotati 7,429 $100,000 0.11759532%
Healdsburg 11,800 $100,000 0.11759532%
Petaluma 61,104 $100,000 0.11759532%
Rohnert Park 42,484 $100,000 0.11759532%
Santa Rosa 171,711 $263,054 0.30933974%
Sebastopol 7,657 $100,000 0.11759532%
Sonoma 10,924 $100,000 0.11759532%
Windsor 27,855 $100,000 0.11759532%
Unincorporated 134,110 $205,451 0.24160102%
2021-22 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety
Front-line Law Enforcement Allocation for 2021-22

ATTACHMENT II
City/County
City/County
Population Estimates
1/1/2021
Projected Allocations by
City/County
Percent of Allocation by
City/County
Stanislaus 555,968 $1,323,704 1.55661395%
Ceres 48,901 $100,000 0.11759532%
Hughson 7,303 $100,000 0.11759532%
Modesto 219,294 $335,950 0.39506117%
Newman 11,962 $100,000 0.11759532%
Oakdale 23,237 $100,000 0.11759532%
Patterson 23,304 $100,000 0.11759532%
Riverbank 25,189 $100,000 0.11759532%
Turlock 74,820 $114,621 0.13478926%
Waterford 8,944 $100,000 0.11759532%
Unincorporated 113,014 $173,133 0.20359628%
Sutter 101,289 $308,426 0.36269458%
Live Oak 9,367 $100,000 0.11759532%
Yuba City 70,776 $108,426 0.12750394%
Unincorporated 21,146 $100,000 0.11759532%
Tehama 65,354 $400,000 0.47038128%
Corning 7,664 $100,000 0.11759532%
Red Bluff 14,272 $100,000 0.11759532%
Tehama 448 $100,000 0.11759532%
Unincorporated 42,970 $100,000 0.11759532%
Trinity 13,535 $100,000 0.11759532%
Tulare 481,733 $1,139,521 1.34002366%
Dinuba 26,517 $100,000 0.11759532%
Exeter 10,997 $100,000 0.11759532%
Farmersville 11,327 $100,000 0.11759532%
Lindsay 13,090 $100,000 0.11759532%
Porterville 59,571 $100,000 0.11759532%
Tulare 69,246 $106,082 0.12474763%
Visalia 139,254 $213,332 0.25086801%
Woodlake 8,054 $100,000 0.11759532%
Unincorporated 143,677 $220,107 0.25883610%
Tuolumne 53,465 $200,000 0.23519064%
Sonora 4,690 $100,000 0.11759532%
Unincorporated 48,775 $100,000 0.11759532%
Ventura 835,223 $1,605,974 1.88855068%
Camarillo 69,708 $106,790 0.12557993%
Fillmore 15,807 $100,000 0.11759532%
Moorpark 35,981 $100,000 0.11759532%
Ojai 7,436 $100,000 0.11759532%
Oxnard 204,675 $313,554 0.36872484%
Port Hueneme 23,374 $100,000 0.11759532%
San Buenaventura 105,415 $161,492 0.18990658%
Santa Paula 30,691 $100,000 0.11759532%
Simi Valley 124,468 $190,680 0.22423082%
Thousand Oaks 125,426 $192,148 0.22595667%
Unincorporated 92,242 $141,311 0.16617524%
Yolo 217,500 $506,157 0.59521718%
Davis 69,295 $106,157 0.12483590%
West Sacramento 53,967 $100,000 0.11759532%
Winters 7,618 $100,000 0.11759532%
Woodland 60,978 $100,000 0.11759532%
2021-22 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety
Front-line Law Enforcement Allocation for 2021-22

ATTACHMENT II
City/County
City/County
Population Estimates
1/1/2021
Projected Allocations by
City/County
Percent of Allocation by
City/County
Unincorporated 25,642 $100,000 0.11759532%
Yuba 79,407 $300,000 0.35278596%
Marysville 12,201 $100,000 0.11759532%
Wheatland 3,610 $100,000 0.11759532%
Unincorporated 63,596 $100,000 0.11759532%
CALIFORNIA TOTAL 39,466,855 $85,037,400 100.00000000%
CALIFORNIA CITY TOTAL 33,109,291 $73,356,820 86.26418508% City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
21-37 Agenda Date: 3/9/2021

REPORT TO COUNCIL

SUBJECT
Action on Approval of the Spending Plan for Supplemental Law Enforcement Services Fund and Related Budget Amendment

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

These distributions are not received in equal installments from month-to-month; therefore, spending over the course of the payment cycle can be unpredictable.

In recent years, the City of Santa Clara has received COPS funding as follows:

Funding Cycle Minimum Amount to
be Allocated
Projected Allocation * Actual Amount
Received **
COP 11 - 12 $100,000 $224,246 $169,674
COP 12 - 13 $100,000 $191,055 $200,160
COP 13 - 14 $100,000 $191,913 $205,650
COP 14 - 15 $100,000 $191,446 $219,432
COP 15 - 16 $100,000 $189,093 $244,542
COP 16 - 17 $100,000 $190,585 $270,027
COP 17 - 18 $100,000 $196,976 $282,165
COP 18 - 19 $100,000 $196,976 $307,179
COP 19 - 20 $100,000 $195,075 $305,734
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21-37 Agenda Date: 3/9/2021
Funding Cycle Minimum Amount to
be Allocated
Projected Allocation * Actual Amount
Received **
COP 11 - 12 $100,000 $224,246 $169,674
COP 12 - 13 $100,000 $191,055 $200,160
COP 13 - 14 $100,000 $191,913 $205,650
COP 14 - 15 $100,000 $191,446 $219,432
COP 15 - 16 $100,000 $189,093 $244,542
COP 16 - 17 $100,000 $190,585 $270,027
COP 17 - 18 $100,000 $196,976 $282,165
COP 18 - 19 $100,000 $196,976 $307,179
COP 19 - 20 $100,000 $195,075 $305,734
*The Projected Allocation column shows the California Department of Finance’s initial estimated grant allocation **This column reflects the amount in excess of the estimated grant allocated received by the Police Department, if any. This report requests action on behalf of the Council for the additional funding from FY 2019/20.

The COPS/SLESF grant does not have any application or other requirements; the monies are transferred to local entities through the County by operation of law (Government Code §§30061- 30063) and are to be expended in accordance with the requirements of those code sections. The Government Code contains the following requirements for a recipient agency:
· The funds shall be used exclusively for front line law enforcement services · The funds cannot be used to supplant other existing funding sources for general law enforcement services
· The City Council shall appropriate existing and anticipated moneys exclusively to fund frontline municipal police services, in accordance with written requests submitted by the Chief of Police · Moneys in the fund shall not be transferred to, or intermingled with, the moneys in any other fund in the City treasury, except to the extent necessary to facilitate the appropriation and expenditure of those transferred moneys
· Once the appropriation of the grant funds is made, it cannot be subsequently altered by the City Council
· Administrative overhead costs cannot exceed of 0.5% of the City’s allocation · The funds cannot be used for a capital or construction project that does not directly support front line law enforcement services

DISCUSSION
Santa Clara County’s estimated allocation for front-line law enforcement equipment for Fiscal Year 2020/21 is $3,408,365. Based on the January 2020 population estimate of 129,104, the City of Santa Clara expects to receive $196,119 in COPS funding, as presented in Attachment 1.

In addition, in FY 2019/20, the Police Department received funding in excess of its’ FY allocation by $110,659, totaling $305,734. The anticipated FY 2019/20 allocation and funding plan was approved by City Council on December 10, 2019 (RTC 19-1255), with the understanding the Police Department would return to the City Council should additional funds become available. Staff recommends appropriating the additional funds as part of the FY 2020/21 COP grant budget.

In accordance with grant requirements, the Chief of Police hereby requests that the City Council appropriate existing and anticipated grant moneys for FY 2019/20 and FY 2020/21 to fund front line municipal police services, as described below. Given the grant allocation can vary, some, or all, of the items may be purchased. If additional grant funds become available, staff will bring forward a budget adjustment.

Current
Priority
Equipment, Program or Service * Estimated Amount **
1 Protective / safety gear and training equipment $40,000 2 Less lethal resources $40,000
3 Force option simulator accessories $5,000
4 Surveillance / recording equipment and
communication devices
$10,000
5 Forensic investigation equipment / data
extraction tool
$45,000
6 Uniform apparel for new bicycle unit members $5,000
7 Personal protective equipment $5,000
8 Special Response Team equipment $15,000
9 Crisis Negotiation Team tools $45,000
10 Equipment to support advances in technology $10,000
11 Crime scene / investigation gear $5,000
12 Crime analyst equipment / software $13,500
TOTAL $238,500
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21-37 Agenda Date: 3/9/2021
Current
Priority
Equipment, Program or Service * Estimated Amount **
1 Protective / safety gear and training equipment $40,000 2 Less lethal resources $40,000
3 Force option simulator accessories $5,000
4 Surveillance / recording equipment and
communication devices
$10,000
5 Forensic investigation equipment / data
extraction tool
$45,000
6 Uniform apparel for new bicycle unit members $5,000
7 Personal protective equipment $5,000
8 Special Response Team equipment $15,000
9 Crisis Negotiation Team tools $45,000
10 Equipment to support advances in technology $10,000
11 Crime scene / investigation gear $5,000
12 Crime analyst equipment / software $13,500
TOTAL $238,500
*Priorities may change over the course of the grant cycle and/or alternate funding sources may become available **Estimates to be fleshed out (e.g. vendor, number of items, promotions, etc.) as funding becomes available over the grant cycle
Staff will continue to evaluate priorities based on needs and the actual funding amount received as not all items may be funded.

FISCAL IMPACT
In October 2020, the City of Santa Clara received official notice from the California Department of Finance that its expected Citizens’ Option for Public Safety allocation for FY 2020/21 is $196,119.

In addition, in FY 2019/20, the Police Department received funding in excess of its’ FY allocation by $110,659, totaling $305,734.

Revenues and expenditures of the total COPS funding amount are recommended to be appropriated in the City’s Police Operating Grant Trust Fund.

Budget Amendment
FY 2020/21
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21-37 Agenda Date: 3/9/2021
Current
Budget
Increase /
(Decrease)
Revised
Budget
Police Operating Grant Trust Fund
Revenue
Grant Funding - COP20 $0 $110,659 $110,659
Grant Funding - COP21 $0 $196,119 $196,119
Expenditures
Citizen’s Option for Public Safety FY
2019/20
$0 $110,659 $110,659
Citizen’s Option for Public Safety FY
2020/21
$0 $196,119 $196,119
Although equipment purchased with the grant funds will not initially create any additional cost for the City, it is possible that future repair or other servicing, or replacement costs, for such equipment would create an expense. The department will absorb such costs within future budget allocations.

COORDINATION
This report has been coordinated with the Finance Department, City Attorney’s Office and Police Department.

RECOMMENDATION

1. Approve the spending plan for funds received from the Citizen’s Option for Public Safety Programs Supplemental Law Enforcement Services Fund;

2. Approve a FY 2020/21 budget amendment in the Police Operating Grant Trust Fund to recognize revenue in the amount of $196,119 for the anticipated Fiscal Year 2020/21 revenue and establish the Citizen’s Option for Public Safety FY 2020/21 appropriation in the amount of $196,119 (five affirmative Council votes required for revenue actions only); and

3. Approve a FY 2020/21 budget amendment in the Police Operating Grant Trust Fund to recognize revenue in the amount of $110,659 for revenue received in excess of the previously approved allocation for the COPS program from Fiscal Year 2019/20 and establish a Citizen’s Option for Public Safety FY 2019/20 appropriation in the amount of $110,659 (five affirmative Council votes required for revenue actions only).

Reviewed by: Patrick Nikolai, Chief of Police
Approved by: Deanna J. Santana, City Manager

ATTACHMENTS
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21-37 Agenda Date: 3/9/2021

1. Letter from the California Department of Finance with Citizens’ Option for Public Safety percentages and allocation
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1710 Agenda Date: 1/25/2022

REPORT TO COUNCIL

SUBJECT
Action on Addition of Five Electric Program Manager Positions in Silicon Valley Power and Related Budget Amendment

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The City of Santa Clara’s Electric Utility, Silicon Valley Power (SVP), has provided dependable electric service for 125 years. SVP’s current peak load is about 600 MW and provides nearly 4,110 Gigawatt-hours (GWh) a year to SVP’s customers. Additional projects have received entitlements with the City of Santa Clara which represents an increase of 618 MW. Based on SVP’s experience with how new load develops, SVP is preparing for its system peak load to double over the next 10 years and increase the number of substations from twenty-three (23) to up to thirty-three (33) by 2026.

Over the last two years, staff has continued to review the overall organization to determine opportunities to fill in gaps and enhance services. In addition, staff has focused and started implementing proactive maintenance programs throughout the Utility. The Council has taken a number of actions approving new programs, new positions, new power purchase agreements, new master agreements for services such as engineering, routine maintenance, and repair services, and additional actions including accepting the new $300 million system expansion capital program to rehabilitate/replace obsolete facilities and accommodate future growth.

The five proposed positions will support existing needs, continue to implement and expand proactive maintenance, and will also help to facilitate future expansion. The proposed positions are for four Electric Program Managers (Job Code 424) in the Operations Division and one Electric Program Manager (Job Code 424) in the Business Services Division. The five positions will provide services in:
· Safety
· Environmental Compliance
· Business Services and Contracts
· Operations
o Transmission and Distribution
o Substations
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22-1710 Agenda Date: 1/25/2022

DISCUSSION
Electric Program Manager (Safety) (Job Code 424)
Based on the size and scope of SVP, it is unusual that SVP doesn’t currently have a qualified full-time safety officer. The type of work and number of employees would be better served by having this full- time position. A summary of the type of items (not comprehensive) the position will focus on are:
· Injury Illness Prevention Program (IIPP) (required by CCRT8 sec3203) • Implementation of IIPP programs across the Utility
• Qualified Electrical Worker (QEW) Program/Policy
· Development of a comprehensive and regulatory compliant Utility Safety Program OSHA Standard 1910.269, CalOSHA Title 8, US Department of Transportation which includes:
• Update of 104 individual and unique Safety Standards across SVP • Identification and correction of potential deficiencies that could lead to violations and injuries if unidentified or unresolved
• Implementation of Utility wide Safety Training Program In addition, the Safety Electric Program Manager will hold regular utility wide safety meetings, mentor managers and supervisors in performing job hazard analysis, safety audits, incident investigations, and implementing a Safety-First culture.

Electric Program Manager (Environmental Compliance) (Job Code 424) Similar to the Safety Electric Program Manager it is unusual that SVP doesn’t currently have a qualified full-time Environmental Compliance Electric Program Manager based on the size and scope of SVP. The type of work performed by a full-service electric utility requires a significant number of environmental permits. SVP’s compliance would be best served by a full-time position focused on management of compliance with environmental regulations and permits. A summary of the type of items (not comprehensive) the position will focus on are:
· Generation Plant Air Permit Compliance (40CFR Part 60 and 75) including:
• Continuous Emission Monitoring Compliance Program
• Environmental Protection Agency (EPA) Title 5 compliance · Generation Plants and Substations Department of Toxic Substances Control · Certified Unified Program Agencies (CUPA) requirements including:
• Spill Prevention Control and Countermeasure (SPCC) plans maintenance and updates • Hazardous Materials Business Plan (HMBP’s) maintenance and updates • Identification and correction of potential violations of Above Ground Petroleum Storage Act (APSA) violations for spill prevention
• Substation Sulfur Hexafluoride Gas Monitoring
• Stormwater Permits at Generation Plants and Substations · Certified Unified Program Agencies (CUPA) Inspections at Northern CA Plants · Wastewater Permit Compliance
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22-1710 Agenda Date: 1/25/2022
Electric Program Manager (Business Services and Contracts) (Job Code 424) Over the last 18 months staff has completed an incredible amount of work in formalizing contracts and formalizing the contract process within SVP, and the work continues to increase. In the last 18 months staff has:
· Completed over 500 contracts items including contracts for services, substation agreements, power purchase agreements, leases, spare parts, and interconnection agreements. · Over 50 solicitations and over 150 contracts associated with services This list will continue to grow as existing contracts expire and new programs are needed or are developed, especially additional contracts to support growth and improved preventative maintenance.

Currently SVP has:
· Over 70 pending purchasing solicitations including bids, requests for proposals, evaluation of cooperative purchase options, or similar solicitations. · 80 pending contracts in the Operations Groups alone.

The new position is needed to support the current level of work and future work.

Electric Program Manager (Operations) (Job Code 424)
The proposed Electric Program Manager positions in the Operations Division will be allocated to the Substations Division and Transmission and Distribution (T & D) Division. Both groups already provide a great level of service with minimal outages, but additional management is needed to implement proactive maintenance and develop and manage associated contracts and services.

In Substations and T & D there are currently 52 positions with only two managers. This does not provide enough management support to complete all day-to-day supervision while also comprehensively manage contracts and other administrative issues such as human resources, capital projects, and budget. Without the additional positions, SVP will not have the ability to continue the new proactive maintenance approach, provide appropriate contract support, and continue other critical management activities while meeting and maintaining all day to day activities.

While the two positions will provide staff supervision support, the focus will be on contract execution and management. As noted above, there are over 80 pending contracts within operations.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378 (b)(2) in that it is an administrative activity (personnel-related action).

FISCAL IMPACT
The cost to add five (5) FTE Electric Program Managers (Job Code 424) is estimated at $1,500,000 annually including salaries and benefits. These costs will be funded by the Electric Utility Operating Fund using customer service revenue to support ongoing maintenance with no impact to the General Fund.

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22-1710 Agenda Date: 1/25/2022
A budget amendment to appropriate funds for new positions from the Electric Utility Operating Fund for the remainder of Fiscal Year 2021/2022 is detailed below. The funding covers position costs for three months of the current fiscal year and factors in time for the hiring process.

Budget
FY 2021/2022
Electric Utility Operating Fund (091)
Current Increase/(Decrease) Revised
Expenditures
Electric Department $52,256,025 $375,000 $52,631,025
Salaries and Benefits
Unrestricted Ending $121,198,721 ($375,000) $120,823,721 Fund Balance
Appropriations needed in future years will be requested as part of the regular biannual budget process.

Consistent with City Charter Section 1305, “At any meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least five members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenue not included in the budget…”

COORDINATION
This report has been coordinated with the Finance Department, Human Resources, and City Attorney’s Office.

RECOMMENDATION

1. Approve the addition of five (5) new Electric Program Manager (Job Code 424) Positions in Silicon Valley Power; and

2. Approve a FY 2021/22 budget amendment in the Electric Utility Operating Fund to increase the Electric Department Salaries and Benefits appropriation by $375,000 and reduce the unrestricted ending fund balance by $375,000 (five affirmative Council votes required for the use of unused balances.

Reviewed by: Manuel Pineda, Chief Electric Utility Officer City of Santa Clara Printed on 1/19/2022Page 4 of 5
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22-1710 Agenda Date: 1/25/2022
Approved by: Deanna J. Santana, City Manager
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1593 Agenda Date: 1/25/2022

REPORT TO COUNCIL

SUBJECT
Action on a Resolution Ordering the Vacation of the Underground Electric Easement, Sidewalk and Utility Easement at 2350-2370 Mission College Boulevard

COUNCIL PILLAR
Promote and Enhance Economic, Housing, and Transportation Development

BACKGROUND
On April 21, 2009, City Council approved the Rezoning, Environmental Impact Report (EIR), and Mitigation Monitoring and Reporting Program (MMRP) for an office/retail project located at 2350 Mission College Boulevard (Property). The applicant is currently in the process of constructing the project, which includes two, six-story office buildings totaling 300,000 square feet with potential for 25,000 square feet of ground floor retail; a 6,000 square foot retail building; a six-level parking garage; and on-site circulation, surface parking, and landscape improvements on the Property.

DISCUSSION
Due to the redevelopment of the Property, the existing underground electric easement, sidewalk, and utility easement encumbering the Property have been relocated or determined to be excess, and these easements are no longer necessary. The owner has requested that the City vacate the subject easements to clear these unnecessary encumbrances on the Property. Any relevant facilities previously within said easements have been removed or abandoned. The City departments having an interest in the easements, Silicon Valley Power, the Water and Sewer Utility Department, and the Department of Public Works, concur that these easements are eligible to be vacated. Staff has reviewed this proposal and found that these easements are no longer necessary for public purposes and therefore recommend that they be vacated according to subsection C of California Streets and Highways Code Section 8333.

ENVIRONMENTAL REVIEW
The potential environmental impacts of the project are addressed in the EIR and MMRP that were approved by the City Council on April 21, 2009.

FISCAL IMPACT
There is no additional cost to the City other than staff time and expense.

COORDINATION
This report has been coordinated with the City Attorney’s Office, Silicon Valley Power, and the Water & Sewer Utility Department.

PUBLIC CONTACT
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22-1593 Agenda Date: 1/25/2022
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> .

RECOMMENDATION

1. Adopt a Resolution Ordering the Vacation of an Underground Electric Easement, Sidewalk and Utility Easement at 2350-2370 Mission College Boulevard [APN 104-13-097,100 and 101 (2021- 22); SC 18,978]; and

2. Authorize the recordation of the Resolution.

Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Deanna J. Santana, City Manager

ATTACHMENTS

1. Resolution
City of Santa Clara Printed on 1/19/2022Page 2 of 2
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RECORD WITHOUT FEE PURSUANT
TO GOV'T CODE SECTION 6103
Recording Requested by:

Office of the City Attorney
City of Santa Clara, California
When Recorded, Mail to:

Office of the City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Form per Gov't Code Section 27361.6 [SPACE ABOVE THIS LINE FOR RECORDER'S USE] RESOLUTION NO. ----

A RESOLUTION OF THE CITY OF SANTA CLARA,

CALIFORNIA, ORDERING THE VACATION OF THE

UNDERGROUND ELECTRIC EASEMENT, SIDEWALK AND
UTILITY EASEMENT AT 2350-2370 MISSION COLLEGE
BOULEVARD [APN 104-13-097, 100 AND 101 (2021-22)]
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, the City of Santa Clara currently possesses the Underground Electric Easement, Sidewalk and Utility Easement described in Exhibit A and shown on Exhibit B, which Exhibits are incorporated herein by reference. Said Easements were dedicated by those certain documents as mentioned in said Exhibits; and,
WHEREAS, pursuant to Section 8333 of the California Streets and Highways Code, the City Council "may summarily vacate a public service easement" in any of the following cases:
(a) The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. (b) The date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date.

Resolution ordering the vacation of UGEE, SWE and UE
Rev. 11/22/17; Typed:11-03-2021

Page 1 of 3 ends

SC18,987
(c) The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.

NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. That the Underground Electric Easement, Sidewalk and Utility Easement described in Exhibit A and shown on Exhibit B has been superseded by relocation, or determined to be excess by the easement holders, and there are no other public facilities located within the easement.

2. That the Underground Electric Easement, Sidewalk and Utility Easement described and shown in said Exhibits in the City is hereby vacated pursuant to California Streets and Highways Code Section 8333.

3. That the vacation hereby releases all easement rights and interest of the City referred in said Exhibits to the current property owner(s).

Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Resolution ordering the vacation of UGEE, SWE and UE
Rev.11/22/17; Typed:11-03-2021

Page 2 of 3 ends

SC18,987

4. Effective date. This resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE DAY OF ____ , 2022, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

Attachments incorporated by reference:

1. Exhibits A and B
ATTEST:

K:\Engineering\Engineering\5-LPD\DOC\SC18978 Res vac UGEE SWE UE.doc Resolution ordering the vacation of UGEE, SWE and UE
Rev.11/22/17; Typed:11-03-2021

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Page 3 of 3 ends

SC18,987
EXHIBIT "A"

LEGAL DESCRIPTION
FOR: VACATION OF EASEMENTS
EASEMENT 1: - Underground Electric Easement (U.G.E.E.)
March 23, 2017
Job No. A07006-5

Page 1 ends

All that certain real property situate in the City of Santa Clara, County of Santa Clara, State of California, being all of that certain Underground Electric Easement as described in that certain document entitled "Electric Utility Easement: Underground" recorded on September 19, 1985 in Book J462, Page 2199 of Official Records, Santa Clara County.

EASEMENT 2: - Sidewalk and Utility Easement (S.W.E. & P.U.E) All that certain real property situate in the City of Santa Clara, County of Santa Clara, State of California, being all of Parcels Band C as described in that certain document entitled "Sidewalk and Utility Easement" recorded on October 31, 1985 in Book J504, Page 1489 of Official Records, Santa Clara County.

As shown on EXHIBIT "B" attached hereto and by this reference made a part hereof.

Legal Description prepared by Kier & Wright, Civil Engineers & Surveyors, Inc.

Date 3-Z~--/b
l:\PROJECTS\A07006-5\DOCS\SURVEY DOCS\LEGAL DESCRIPTJONS\EASEMENT VACA T/ONS-Lega/ Description. docx I
I PARCEL 1
(749 M 35-36)
EASEMENT2
S.W.E. & P.U.E.

PARCEL B
(J504 O.R. 1489)

VACATED HEREON
PARCEL2
(749 M 35-36)

JULIETTE LANE

I ---------
LEGFND

PROPERTY LINE

ADJACENT PROPERTY LINE

EASEMENT TO BE VACATED
-------------

PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR: EASEMENT VACATIONS

SANTA CLARA
DATE
SCALE
CALIFORNIA DR. BY
JOB
~
i
~
t3
~ u
~
1-==i
r.t.:l
r.t.:l
~
MAR., 2016
1" = 120'
EK
A07006-5
EXHIBIT "B" ' KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC. SHEET NO. 3350 Scott Boulevard, Building 22 (408) 727 6665
l l USIR:lk1111l:m t \Pf«).[ClS\,107!m-5\D'll,\SJRlfl\l1.AlS\C-PL\T-VAC>.~ MAROl 27, 2017 9:07 AM Santa Clara, California 95054 fax (408) 727 5641 OF City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1658 Agenda Date: 1/25/2022

REPORT TO COUNCIL

SUBJECT
Action on Award of Purchase Order to Bay City Boiler and Engineering Company, Inc. for Boiler Maintenance and Repair Services Citywide

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The Department of Public Works (Public Works), Facility Services Division (Facilities Division), oversees maintenance and repairs for approximately 900,000 square feet of buildings throughout the City. The Facilities Division is responsible for coordinating mechanical repairs such as boiler maintenance and repair for client departments and facilities such as the Police Department, Senior Center, City Hall, Libraries, and various pools.

DISCUSSION
Pursuant to City Code Section 2.105.330, a formal Request for Proposal (RFP) was conducted as the solicitation method for this procurement, with the award recommendation based on best value.

The factors considered in the evaluation were experience, technical capability, and cost.

The City released a RFP for Boiler Maintenance and Repair Services Citywide. The RFP was published on the City’s e-procurement platform. A total of 39 companies viewed the RFP, and seven proposals were received from the following firms:
- A & B Mechanical, Inc.
- ACCO Engineered Systems, Inc.
- Bay City Boiler and Engineering Co., Inc.
- Ciari Plumbing and Heating, Inc.
- Mesa Energy Systems, Inc.
- Prime Mechanical Service, Inc.
- San Jose Boiler Works, Inc.

Proposals were independently evaluated by three representatives from Public Works. Finalists were required to participate in oral interviews, and the City elected to conduct a Best and Final Offer (BAFO) to memorialize any final clarifications that were discovered through the process and provide a final opportunity to revise cost proposals.

Staff recommends award of contract to Bay City Boiler and Engineering Co., Inc. for having submitted the best value proposal. They demonstrated experience in operation, maintenance, repair and replacement of boilers and hot water systems.

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22-1658 Agenda Date: 1/25/2022
Under the proposed purchase order, Bay City Boiler and Engineering Co., Inc. will provide boiler maintenance and repair services citywide. Compensation will be fixed for the initial one-year term and paid annually for maintenance and inspection services for each boiler. Any necessary repairs discovered during the annual maintenance efforts will be paid on a time and materials basis. See Pricing Summary (Attachment 1). After the initial term, price adjustments will be considered if the contractor demonstrates that a price increase is warranted. The City may extend the term of the purchase order for four additional years after the initial term for a total of five years provided all options to extend are exercised by the City. The purchase order includes the necessary language regarding prevailing wage.

ENVIRONMENTAL REVIEW
The action being considered is exempt for the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15301 “Existing Facilities” as the activity consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities mechanical equipment or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agencies determination.

FISCAL IMPACT
The not to exceed amount for the initial one-year term is $50,000 which includes $23,380 for annual preventative maintenance and $26,620 for any required repairs which is an estimate based on the age and condition of the boilers. These costs will be covered by funds in the FY 2021/22 and FY 2022/23 Adopted Budget.

COORDINATION
This report has been coordinated with the Finance Department and the City Attorney’s Office.

RECOMMENDATION

1. Authorize the City Manager to execute a purchase order with Bay City Boiler and Engineering Company, Inc. for boiler maintenance and repair services citywide for an initial one-year term, with a maximum compensation not-to exceed $50,000;

2. Authorize the City Manager to execute change orders for a not-to-exceed contingency amount of $10,000 in the event actual repairs exceeds the aforementioned forecast of $26,620, subject to the appropriation of funds; and

3. Authorize the City Manager to execute up to four one-year options to extend the purchase order after the initial term, subject to the appropriation of funds.

Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Deanna J. Santana, City Manager

ATTACHMENTS

1. Pricing Summary
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City of Santa Clara
Pricing Summary

Pricing for preventative boiler maintenance services and repair services citywide for the initial term of the agreement are set forth as below:

PREVENTATIVE MAINTENANCE
Location Qty of
Boilers UOM Unit Price Extended Price
City Hall, 1500 Warburton Ave 1 Year $1,710 $1,710
Old Courthouse Building, 1675 Lincoln St. 1 Year $1,340 $1,340 Community Recreation Center, 969 Kiely
Blvd. 1 Year $3,190 $3,190
Silicon Valley Animal Control, 3370 Thomas
Rd. 1 Year $1,340 $1,340
Police Department, 601 EI Camino Real 1 Year $1,710 $1,710 Triton Museum, 1505 Warburton Ave. 1 Year $1,710 $1,710 Fire Station #1, 777 Benton St. 1 Year $1,710 $1,710
Central Library, 2635 Homestead Rd. 2 Year $970 $1,940 Northside Library, 695 Moreland Way 2 Year $970 $1,940 Senior Center, 1303 Fremont St. 2 Year $970 $1,940
Senior Center, 1303 Fremont St. 2 Year $970 $1,940
Senior Center, 1303 Fremont St. 1 Year $970 $970
Senior Center, 1303 Fremont St. 1 Year $970 $970
Senior Center, 1303 Fremont St. 1 Year $970 $970
TOTAL PREVENTATIVE MAINTENANCE COST $23,380
Repair Services $26,620
MAXIMUM NOT-TO-EXCEED COMPENSATION INITIAL TERM $50,000

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1215 Agenda Date: 1/25/2022

REPORT TO COUNCIL

SUBJECT
Action on an Agreement with New Image Landscape Company for Landscape Maintenance Services

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The Department of Public Works (Public Works) maintains the landscaping of 288 sites throughout the City. Landscape maintenance tasks vary from site to site, but generally include mowing, pruning, irrigation system maintenance, weed abatement, general cleanup, and emptying of garbage containers. The majority of Public Works landscape maintenance work is performed by in-house employees; however, additional resources are necessary to maintain some of the larger scale areas at various City facilities.

The current agreement for landscape maintenance services will expire on January 31, 2022.

DISCUSSION
Bid Summary
Pursuant to City Code Section 2.105.330, a formal Request for Bids (RFB) was conducted as the solicitation method for this procurement, with award recommendation to the lowest bidder.

In October 2021, the City released a RFB for landscape maintenance services. Four bids were received by the November 15, 2021 deadline as follows:

Bidder Total Base Bid
New Image Landscape Company $238,310.20
Brightview Landscape Services, Inc. $267,139.00
Bayscape Management Inc. $300,432.00
Landscape Pros ML Inc. $428,584.00
Bid Award
Staff recommends award of contract to New Image Landscape Company as the lowest responsive, responsible bidder.

Under the proposed agreement, the maximum compensation for the initial one-year term is $286,310.20. This amount includes the Total Base Bid of $238,310.20 plus $48,000 for additional landscape services that may be required on an as-needed basis. The additional services may include but are not limited to the one-time cleanup services or other services such as reducing water City of Santa Clara Printed on 1/19/2022Page 1 of 3
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22-1215 Agenda Date: 1/25/2022
intensive vegetation and/or installing mulch or decomposed granite to support countywide drought measures.

Rates are fixed for the initial one-year term of the agreement. Invoices shall be submitted monthly for all services performed, in arrears. The rates are fully loaded and inclusive of all overhead, labor, materials, equipment, and profit. After the initial term, price adjustments may be considered if the contractor demonstrates to the satisfaction of the City that a price increase is warranted. The City reserves the right to exercise four additional one-year options to extend the agreement for a total period of five years. The agreement includes the necessary language regarding prevailing wage.

ENVIRONMENTAL REVIEW
The action being considered is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15301 “Existing Facilities,” as the activity consists of the repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of the use beyond that presently existing.

FISCAL IMPACT
The amount paid to the contractor during the first term of the agreement from February 1, 2022 through January 31, 2023 shall not exceed $286,310.20. Funding sources include Public Works and Electric operating budgets and the Solid Waste Fund’s CIP budget. Funding for the option years is subject to future approval of Council appropriations.

COORDINATION
This report has been coordinated with the Finance and Electric Departments, and the City Attorney’s Office.

RECOMMENDATION

1. Authorize the City Manager to execute an Agreement with New Image Landscape Company for landscape maintenance services for an initial one-year term starting February 1, 2022 and ending on January 31, 2023, with maximum compensation not-to-exceed $286,310.20 for the initial twelve -month period, subject to the appropriation of funds;

2. Authorize the City Manager to execute amendments as required to add or delete sites, or modify service levels due to changing needs or budget constraints, subject to the appropriation of funds; and

3. Authorize the City Manager to execute up to four one-year options to extend the Agreement through January 31, 2027, subject to the appropriation of funds.

Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Deanna J. Santana, City Manager
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ATTACHMENT

1. Agreement
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EBIX Insurance No. S200004190

AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND

NEW IMAGE LANDSCAPE COMPANY

PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and New Image Landscape Company, a California Corporation (Contractor). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."

RECITALS
A. City desires to secure the services more fully described in this Agreement, at Exhibit A, entitled "Scope of Services";
B. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.

The Parties agree as follows:

AGREEMENT TERMS AND CONDITIONS

1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Contractor shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:

Exhibit A - Scope of Services
Exhibit B - Schedule of Fees
Exhibit C - Insurance Requirements
Exhibit D - Labor Compliance Addendum
Exhibit E - Notice of Exercise Option to Extend Agreement Agreement with New Image Landscape Company
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This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.

2. TERM OF AGREEMENT
A.

Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on February 1, 2022 and terminate on January 31, 2023.

After the Initial Term, the City reserves the right, at its own sole discretion, to extend the term of this Agreement for up to four (4) additional one-year terms ("Option Periods") based on the same terms and conditions, subject annual appropriation of funds. City shall provide Contractor with no less ---------~arilfffFty{30) days pnor written notice ot its IntentIon to exercise its option to extend the term of this Agreement. See Exhibit E for Notice of Exercise Option to Extend Agreement.

3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Contractor shall perform those Services specified in Exhibit A within the time stated in Exhibit A. Time is of the essence.

4. WARRANTY
Contractor expressly warrants that all materials and services covered by this Agreement shall be fit for the purpose intended, shall be free from defect and shall conform to the specifications, requirements and instructions upon which this Agreement is based. Contractor agrees to promptly replace or correct any incomplete, inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Contractor. If Contractor fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Contractor for the cost incurred by City.

5. QUALIFICATIONS OF CONTRACTOR - STANDARD OF CARE
Contractor represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Contractor's representations regarding its skills and knowledge. Contractor shall perform such Services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.

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6. COMPENSATION AND PAYMENT
In consideration for Contractor's complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled "SCHEDULE OF FEES." The maximum compensation of this Agreement is set forth in Section 1 of Exhibit B, subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Contractor's expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.

7. TERMINATION
A. Termination for Convenience. City shall have the right to terminate this Agreement, without cause or penalty, by giving not less than Thirty (30) days' prior written notice to Contractor.

B. Termination for Default. If Contractor fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice to Contractor.

8. ASSIGNMENT AND SUBCONTRACTING
City and Contractor bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Contractor shall not hire subcontractors without express written permission from City.

Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it.

9. NO THIRD PARTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.

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11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor or becomes generally known to the related industry shall be deemed confidential.

12. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Contractor may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.

13. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement, including termination of Contractor. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Contractor shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.

Contractor shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Contractor agrees Agreement with New Image Landscape Company
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to assist City in meeting City's reporting requirements to the State and other agencies with respect to Contractor's Services hereunder.

14. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Contractor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney's fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner arising from, or alleged to arise in whole or in part from, or in any way connected with the Services performed by Contractor pursuant to this Agreement - including claims of any kind by Contractor's employees or persons contracting with Contractor to perform any portion of the Scope of Services - and shall expressly include passive or active negligence by City connected with the Services. However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.

B. Contractor's obligation to protect, defend, indemnify, and hold harmless in full City and City's employees, shall specifically extend to any and all employment-related claims of any type brought by employees, contractors, subcontractors or other agents of Contractor, against City (either alone, or jointly with Contractor), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.

C. To the extent Contractor is obligated to provide health insurance coverage to its employees pursuant to the Affordable Care Act ("Act") and/or any other similar federal or state law, Contractor warrants that it is meeting its obligations under the Act and will fully indemnify and hold harmless City for any penalties, fines, adverse rulings, or tax payments associated with Contractor's responsibilities under the Act.

15. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Contractor shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.

16. WAIVER
Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City's review, acceptance nor payments for any of the Services required under this Agreement Agreement with New Image Landscape Company
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shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.

17. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:

City of Santa Clara
Attention: Department of Public Works
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at cmobeck@santaclaraca .gov and
cfazzi@santacla raca.gov
And to Contractor addressed as follows:

New Image Landscape Company
3250 Darby Common
Fremont, CA 94539
and by e-mail at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.

An e-mail transmitted after 1 :00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.

18. COMPLIANCE WITH LAWS
Contractor shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to "The Code of the City of Santa Clara, California" ("SCCC"). In particular, Contractor's attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Contractor has read and agrees to comply with City's Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299 ).

19. CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 and Agreement with New Image Landscape Company
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following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.

20. FAIR EMPLOYMENT
Contractor shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.

21. NO USE OF CITY NAME OR EMBLEM
Contractor shall not use City's name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.

22. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.

23. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.

24. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.

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25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.

The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Dated: Approved as to Form: ----------- - - -
Office of the City Attorney
City of Santa Clara
"CITY"
DEANNAJ.SANTANA
City Manager
·i 500 v\iarburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771

NEW IMAGE LANDSCAPE COMPANY
a California corporation
Dated: - ~ __ /Z-_____,,._ ~_ PZ--_ _ _
By (Signature): - ------l""'--IC,...,,~--~-~'--"""----""'---'=------- Name: Brianakhara ------------ ------
Tit I e: Chief Executive Officer
Principal Place of 3250 Darby Common
Business Address: Fremont, CA 94539
Email Address: [email protected]
Telephone: (510) 226-9191
Fax:
"CONTRACTOR"
Agreement with New Image Landscape Company
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EXHIBIT A

SCOPE OF SERVICES
The Services to be performed for the City by the Contractor under this Agreement are set forth below.

1. INTRODUCTION

1.1. Contractor shall provide all labor, materials, tools, disposal fees, equipment, and vehicles to provide landscape maintenance services for sites managed by the Department of Public Works. The work to be done, in general, consists of providing routine landscape maintenance services. The landscape areas for Silicon Valley Power (SVP), which also managed by the Public Works Department, have special provisions as described in Section 10.

1.2. To the extent not inconsistent with this Agreement between the City and Contractor including this Scope of Services, the City's RFB# DPW-58 (including subsequent updates) is hereby incorporated by reference herein, and shall supplement this Scope of Services and be subject to the terms and conditions of the Agreement.

2. DOCUMENTS
This Attachment contains the following Appendices:

2.1. 2.2.

2.3. 2.4.

2.5. 3. SITES

3.1. Appendix A-1: Landscape Maintenance Sites
Appendix A-2: Landscape Maintenance Sites (SVP)
Appendix A-3: Mowing Sites
Appendix A-4: Solid Waste Collection
Appendix A-5: Integrated Pest Management
The landscape areas, including the schedule/frequency of the services, are listed in Exhibit B.

3.2. The City reserves the right add and delete sites as may be required.

4. GENERAL REQUIREMENTS

4.1. Project Manager or On-Site Supervisor

4.1.1. Contractor must designate one (1) Project Manager or On-Site Supervisor to communicate with the City during normal business hours. The Project Manager is responsible for managing all aspects of the contract including staff, equipment and scheduling work. The Project Manager is the designated point of contact for the City to communicate work tasks and receive feedback. The Project Manager must be capable of communicating Agreement with New Image/Exhibit A-Scope of Services
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effectively with City staff.

4.1.2. City staff will conduct inspections from time to time to determine the Contractor's conformity with the adequacy of the work being performed.

Contractor shall be available for consultation and site visits with City staff as needed.

4.2. Time of Operations

4.2.1. Contractor shall conduct the work required in such a manner as to cause the least amount of interference to the public. Contractor shall conduct weekday operation between the hours of 7:00 a.m. and 4:00 p.m. Pacific Standard Time. Weekend operation is by written approval only.

4.3. Equipment, Tools, and Materials

4.3.1. Contractor shall furnish at its expense all tools, equipment, and materials required to perform the work under the contract.

The c:ty cr.cvu12.ga3 the use of eiectric :and5cape tuois and equip, i"1~11L These tools and equipment should be used whenever possible to reduce emissions and noise pollution.

4.4. Contractor Employee Supervision
Contractor shall ensure that the conduct and activities of its employees will not be detrimental to the interest of the public using City facilities or reflect poorly on the City. Upon written notification by the City that such conduct, in the opinion of the City, has occurred, Contractor shall promptly use reasonable measures to address the situation and prevent any recurrence.

4.5. Laws to be Observed
Contractor shall keep itself fully informed of all existing and future state and federal laws, including O.S.H.A. standards, Santa Clara County regulations, and all municipal ordinances and regulations of the City of Santa Clara which in any manner affect those engaged or employed in the provision of the services or the equipment and materials used, or which in any way affect the conduct of the services and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.

4.6. Public Convenience and Safety

4.6.1. When working in the public right-of-way and operating equipment on public streets, Contractor shall comply with California State Vehicle Codes.

Contractor is required to provide all safety cones, sign boards, and other appropriate measures and equipment as prescribed by the California Department of Transportation Manual on Uniform Traffic Control Devices (MUTCD) for traffic control.

4.6.2. At no time shall Contractor drive vehicles on turf, courts or other landscape Agreement with New Image/Exhibit A-Scope of Services
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or hardscape area(s) unless necessary to perform the work required and written permission is supplied by the City.

4.7. Permits and Licenses
Contractor shall procure all permits and licenses, pay all charges and fees, give all notices necessary and incidental to the due and lawful prosecution of the provision of services.

4.8. Preservation of Property
Due care shall be exercised to avoid injury to existing improvements or facilities, adjacent property and real or personal property that is not to be removed. Contractor shall be entirely responsible for any damage to the City's or adjacent property due to hauling materials or other causes attributable to the conduct of the work, and all such damage will be repaired by Contractor when and as directed by the City's representative, and as required to place the property in as good condition as before the commencement of the work.

4.9. Identification

4.9.1. All personnel who work under this contract shall wear clothing, which bears the Contractor's company name.

4.9.2. All vehicles used in performance of the work shall be clearly marked with the Contractor's name, insignia, or other identifying emblem. Such markings shall be provided at the Contractor's sole expense.

4.10. Storage Areas
Contractor is responsible for making its own storage arrangements for equipment, material, etc. Stockpiling material on the streets or in the public right-of-way is not allowed at any time. Materials and debris will be removed from the job sites by the end of the working day. Failure to do so will cause the City to remove the material or debris from the site and deduct the cost of said work from the Contractor's maintenance payment.

5. MONTHLY SCHEDULE

5.1. The frequency of maintenance services shall be pursuant to the schedule set forth in Exhibit B. Service days shall be determined by the City prior to start of service.

5.2. Contractor shall submit a monthly schedule to the City five (5) business days prior to the beginning of the next month. Changes to the schedule shall be received by the City at least twelve (12) hours prior to the scheduled time for the work. Contractor shall adjust all schedules to compensate for all holidays. ·

5.3. Failure to notify the City of a change and/or failure to perform an item of work on a scheduled day may result in deduction of payment for that date or work even though the work is performed on a subsequent day.

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5.4. During periods when inclement weather hinders normal operations, Contractor shall adjust its work force in order to accomplish those activities that are not affected by weather.

6. SAFETY PROGRAM AND TRAINING

6.1. Safety must be the highest priority for the Contractor's employees and for any person near the site where work is being performed. Contractor's employees shall wear a vest or uniform for easy identification. Contractor shall follow all California Department of Pesticide Regulations when applying pesticides on City property.

Contractor shall wear all proper Personal Protective Equipment (PPE) while performing work on City property.

6.2. All services and materials must comply with the California State Division of Industrial Safety Orders and OSHA

6.3. Contractor shall plan and conduct the work in a manner that will safeguard all persons from injury and shall take the precautions required by applicable regulations of the State department of Industrial Relations and any other applicable Federal or State regulation.

6.4. Contractor shall have in place an Injury and Illness Prevention Program (IIPP) as required by law and provide the City with appropriate evidence within thirty (30) days of contract award.

7. LANDSCAPE MAINTENANCE SERVICES

7.1. Landscape services shall include entire site cleanup to include but not limited to: litter cleanup, trash removal, leaf removal, and miscellaneous debris removal.

7.2. All litter and debris will be removed from the landscape areas which include concrete curbs, gutters, sidewalks and lanes adjacent to the median islands. All landscape debris shall be removed and disposed of by the Contractor.

7.3. Qualified professional personnel shall perform all pruning. Only recognized and approved methods, techniques and standards shall be used. Plants or trees pruned improperly or damaged will be replaced by Contractor with plants or trees of the same appropriate size as determined by the City.

7.4. Weed eaters shall not be allowed to come into contact with shrubs or trees.

Damaged plant material shall be immediately replaced at Contractor's cost. 7 .5. Excessive pruning or stubbing back will not be permitted.

7.6. All dead or damaged branches/plant material shall be removed.

7.7. Pruning cuts shall be made cleanly and with no tearing of the bark.

7.8. All brush is to be removed from the site. No stockpiling of debris will be allowed.

7.9. Pruning of shrubs and plant material shall be done for the following conditions:

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7.9.1. To maintain clearance from hardscape, vehicles, or facilities.

7.9.2. To provide visibility of pedestrians and motorists.

7.9.3. To maintain walkways and maintenance bands free from obstructions and/or safety issues.

7.9.4. To improve or enhance plant growth, e.g., pruning roses in the winter, cutting back ornamental grasses and some groundcovers annually or bi annually or as directed.

7.9.5. To eliminate or reduce potentially unsafe conditions.

7.9.6. To correct shape, particularly for wind disfigurements. 7 .10. Landscape areas shall be kept free of weeds. Weeding may be done manually or by the use of selective weed killers with specific recommendations by a licensed Pest Control Advisor. Extreme caution shall be observed if applying selective weed killers so as not to damage any other plants. Spraying shall only be done at times when there is no wind and only in compliance with Section 12 (Integrated Pest Management).

7.11. Contractor shall provide after photos of landscape service sites after each service visit to the City's Project Manager via email.
7 .12. All trees located in these designated sites shall be maintained by Contractor for roadway clearance of fourteen (14) feet and sidewalk clearances of twelve (12) feet.

All sucker/water sprouts up to twelve (12) feet shall be maintained by the contractor.

8. MOWING SERVICES

8.1. The City desires to have a well-groomed appearance after mowing with no visible debris, straight lines and all turf trimmed to the same height as the mowing. Lawns shall be cut to a height as specified by the City.

8.2. All debris shall be removed by the Contractor prior to mowing. All grass clippings shall be gathered and removed from site.

8.3. Blowing of all hardscape surfaces around turf areas and cleanup of clippings.

8.4. Landscape areas shall be kept free of weeds. Weeding may be done manually or by the use of selective weed killers with specific recommendations by a licensed Pest Control Advisor. Spraying shall only be done at times when there is no wind and only in compliance with Section 12 (Integrated Pest Management).

8.5. Mowing is not recommended during wet weather; the determination not to mow in any given week will be made with the City.

8.6. The cutting edges of all mowing equipment shall be kept in a sharp condition. If reel type mowers are used, they shall be kept in proper adjustment. Bruising, scalping or rough cutting of lawn will not be permitted.

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8.7. All edges shall be trimmed after each mowing or as necessary to maintain a neat, trim appearance.

9. SOLID WASTE COLLECTION

9.1. Contractor shall empty all trash cans and pickup/remove all litter, debris, and solid waste within 20' radius around the trash cans.

9.2. Contractor shall provide new durable 2.0 mil plastic liners for all trash cans at Contractor's expense.

10. CLOSED LANDFILL LANDSCAPE SERVICES
At City's request, Contractor shall provide as-needed landscape services, to include but not limited to fallen tree branch removal, shrubbery removal, turf mowing and distribution of mulch and/or compost. Contractor shall prepare and submit a written description of the work with an estimate of labor, materials, tools, equipment and time to complete. Contractor must receive written authorization from the City prior to commencing any work under this section. ,f ,f CDCf'l /t. I 00("\\flC'l("\~IC' ..-nn C"\ ,n IC"ITI"",.. • •• ...., • .... ""'u-u .... I 1'\.'-'VIVIVl'11-...JI I vr, ...:,vr .;;JI I a::.i:J

11.1. Escort
Work will include landscape areas in exterior and interior of SVP facilities. Interior work consists of work inside a secure fenced area and requires SVP escort.

11.2. Personal Protective Equipment (PPE)
Contractor shall be responsible for providing all personal protective equipment (PPE) for its employees working in the interior area. PPE to include FR (Flame Resistant) clothing at a rating determined by SVP, hardhat, safety glasses, working boots and safety vests as required.

11.3. Pre-/Post-Emergent Herbicide Applications

11.3.1. Contractor shall apply pre/post emergent herbicides at designated SVP sites as listed in Exhibit B.

11.3.2. Contractor shall coordinate the entire application process with SVP. These applications shall be made during the months of November and April, to take advantage for the rain window to activate the material. Contractor shall also provide two spot treatment applications during the months of December and May (weather dependent).

11.3.3. Contractor shall obtain prior approval from the City for all products to be used. The selected material shall have a dye tracer.

12. INTEGRATED PEST MANAGEMENT

12.1. Contractor shall comply with all federal, state and local rules and regulations that govern the use of pesticides including the City's Integrated Pest Management (1PM) policy (attached as Appendix A-1). Contractor shall apply all pesticides with extreme Agreement with New Image/Exhibit A-Scope of Services
Rev. 07-01-18

Page 14 of 97 ends

care to avoid any hazard to persons, pets, property and the environment.

12.2. Contractor shall apply pesticides, herbicides or other growth regulators as weather and turf conditions dictate, and only upon specific approval by the City's Pest Control Advisor (PCA). All pesticide use on City property shall be subject to advance approval by the City.

12.3. Qualified Applicator Certificate (QAC) or Qualified Applicator License (QAL) shall be required for Contractor's employees approved to apply herbicides or growth regulators in the specific category of the pest being controlled.

13. ADDITIONAL SERVICES

13.1. The City may require additional services within the areas covered by the resulting contract. Additional services include but are not limited to additional mowing services, weed abatement, aeriation, fertilization, and other related landscape maintenance services.

13.2. Prior to performing any additional services, Contractor shall prepare and submit a written description of the work with an estimate of labor, materials, tools, equipment and time to complete. The only exception shall be when a condition exists wherein there is imminent danger of injury to the public or damage to property, in which case verbal estimate and authorization may be used. Within twenty-four (24) hours after verbal authorization, Contractor shall prepare a written estimate for the City's approval.

Agreement with New Image/Exhibit A-Scope of Services
Rev. 07-01-18

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APPENDIX A-1

LANDSCAPE MAINTENANCE SITES

1. EDWARDS (PG &E TOWERS)
Along Edwards Avenue between Nelo Street and Laurelwood Road, there are three (3) high-voltage towers in the center of the road. Each tower has a small landscape area at its base that needs to be maintained .

1.1. General Location
Edward Avenue (PG&E Towers) Landscape Areas
Edward Avenue (PG&E Towers)
Le11th11:ape Area
; EtJwuHI/W l!, (PC..1ETowct)
/ Eflw,m1 Mr.. 0'fHtE lm•;r.i)
.,i [rlwrml Ave. (PGil.l T m•;e,)
ti rce nn ,iol\Q\
~
"itOi>d r,,
Mom,,que /
1'81/(

1.2. Picture of PG&E Tower 1
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1.3. Picture of PG&E Tower 2

1.4. Picture of PG&E Tower 3
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2. LAURIE AVENUE (PG &E TOWER)
Laurie Avenue between Rowena Court and MacIntosh Street, there is a high-voltage tower in the center of the road. This tower ,t,as a small landscape area at its base that needs to be maintained for vehicular site line clearance, trash, and weed control.

2.1. General Location of PG&E Tower (Laurie Avenue)
Laurie Avenue (PG&E Towers) Landscape Area
Laurie Avenue (belween Rowena
Ct. end Moclnlosh S1 .)
.0- l .1ude A'-1 ~. l andaeape Alt,l

2.2. Picture of PG&E Tower (Laurie Avenue)
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3. MEMOREX
Memorex Avenue between Lafayette Street and Shulman Avenue has landscaping in the center median and behind the sidewalk to fence line on both the north and south side of Memorex Avenue.

3.1. General Location of Maintenance Site (Memorex Avenue) Memorex Dr. Landscape Area
t.1cmorcx Or. (bo1wccn Loloye:lle
$1. ftl1c1 Shl.l nurn Aw.)
t::} l.1t'fnornx l~l,1 nil
lJ l,1CfMfO:< ICl3nd
0 E Z Cul fl1oduc1,
Con1off Plumbtng Supply
ft\e111u1exfl1 . (sid'f1t1tlk la
fcni>? Unc)
lile11101'!.t[J1. (sidir:llltlk lo
le: nr.:-!fine)
l11~1m1r~x01. (lli1l'fm1lk to
fent>l lino)
.t:,
IAemu1o!XD1.(side11i1lkl o
re:ntX! fine)
Q
J,ll•111v1!!.(n1. (sitl,u,o1k 111
rcni:u ,nc)
J::i
IA1:mu11:xn1. (!1i1!~,Mlk In
le: n~ line)
(l)
( ggs Dy The Bay (l)
0 Seve On C.:Onslruc.llon
und r1udU<:1s, 111c
0 Ml.:i1:1:;pccdno1
= =====~ 0
~~ : ~:~ ~ o o
PIJyg ,ound !: Un1unit(!d
0 Gucir.i
Coni.1111cllon Grnu11
O MS & S Me1roloov
-====-

3.2. Picture of Center Median (Memorex Avenue)
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O unlon

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4. COMSTOCK
Comstock St. between Scott Blvd. and Lafayette St. (Central Expressway fence line).

4.1. General Location
Comstock St. Landscape Area
Comotock St. (between Scott
Olvrl. nnrl Lafayette St. )
~') Cu111 slucl< SI.
,ls O
" ~ 5-
!Q
Athen3 Gr11I l::i t.:.Jl~liny
n,ver of I HP Chri s1ian (W
Publl
Reed's Indoor Rm1gr. 0
Public Storage (!)
Public Storage ~
0 iow O
non,1lrl Von
Raesfeld Power Plan1
i;;:n~!o~,~~~1tc~~ 0
,Si' 11 t111'i SI Gocost H ► _, ,
lili]
ologh.!S
Owens Co1111ng 0
/\hborno Gymn~stics O llS Par,! Off ire
0 4.2. Picture 1
Agreement with New Image/Appendix A-1 - Landscape Maintenance Sites Rev . 07-01-18
Hila chl VontJHl O
VJ,l l h ,\\ (' M.:iµd,1t,1 0 2018Ciouvh'

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4.3. Picture 2
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5. CALABAZAS BLVD.

5.1. Calabazas Blvd. (Oleanders)
Calabazas Blvd. between Georgetown Place and Pomeroy Avenue has Oleanders along the center median (Calabazas Creek). These Oleanders shall be fully pruned along all sides to the chain link fence height and along the back side (between El Camino Real and San Juan Avenue) .

These Oleanders on Calabazas Blvd. between Georgetown Place and Monroe Street along the east and west side of Calabazas Blvd. shall be pruned down to the chain link fence height and away from the chain link fence along the east side of the street. The west side shall be brought down to previous trim points which can be discussed with City Project Manager prior to pruning.

5.2. Calabazas Blvd. (Eucalyptus)
All Eucalyptus tree water sprouts up to 12 feet high shall be pruned back to U1e iree trunk.

5.3. Calabazas Blvd. (sign clearance)
The entire length of Calabazas Blvd. shall be checked and pruned for sign clearance , roadway clearance, and bike lane clearance .

5.4. General Location
Calabazas Blvd. Landscape Areas
Calaboza, BIW. Land103poAre3
.t.

Calalmza98tvd . Ccnt11
l.l~illO
( ,
Calabol.U Bl\'d La."ldJtapt
Nu
.!,
CalabitUllBtvd . l 61'1d:ICilpl
N"
ho!esalPO
"" e @jJ
r , l lh
1/ l. H, .,, ,\,1
0 0
@ KOREATO\'IN
em1a1ket
@
f ~
•~ u~u~M ~
~ rrnro S:..,
I',',,~ I
.,..''•''l1"rl!i
¾
MlPdl\j -OlO l fGOG<Jit
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5.5. Picture 1

5.6. Picture 2
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6. LICKMILL CENTER MEDIANS
Lickmill Blvd. center median between Hope Drive and Tasman Drive- Contractor shall trim shrubbery , as needed , to keep the material inbounds and not interfere with traffic .

Area shall be kept litter and weed free .

7. LICKMILL SIDESCAPE
Lickmill Blvd. sidescape - westside of Lickmill Blvd. approximately 500 feet south of Tasman Drive, area begins and runs south to the Nantucket Apartment complex. The sound wall is covered with fig vine and shall be kept tight to the wall so as not to separate from the wall surface . Contractor shall be responsible for any graffiti on any section of the wall that was allowed to become overgrown thus separating from the sound wall. Area shall be kept litter and weed free.

Lick Mill Blvd. Medians and Sidescapes
Lick Mill Blvd. Landscape Areas
1J• Lick Mill Blvd. Center Median
.!)• Lick Mill Blvd. Center Median
1J• Lick Mill Blvd. Center Median
,t:/• Lick Mill Blvd. Center Median
•Q• Lick Mill Blvd. Center Median
J,'I• Lick Mill Blvd. Center Median
1J• Lick Mill Blvd. Center Median
,t:/' Lick Mill Blvd. Sidescape
i;J• Lick Mill Blvd. Sidescape
1;J· Lick Mill Blvd. Sidescape
l',,O\
c \ t;,
,,, ,,,.,
Lowe·, Guadalupe 0
fli ye, Trail
q·
l ' ,~
~ Ali!Blv
Na11tucket Apa11111ents 0
lU/srilc
~!ck Mill Paik O Narw'el Area
e <;><
,~o~
Estancia al Santa 0
Cima Apartm ents
Cill
0 TheCorl
'
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7.1. Picture 1

7.2. Picture 2
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7.3. Picture 3
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8. HOPE DRIVE
Hope Drive sound wall is located between Lafayette and Lickmill Blvd. Along the northern sound wall, fig vine has been established and allowed to cover the entire wall.

Contractor shall be responsible for any graffiti on any section of the wall that was allowed to become overgrown thus separating from the sound wall.

8.1. General Location
Hope Drive Landscape Area
lll'lpe IJt. Sm1rd V,1111
(J 11, p, 01.

8.2. Pictures 1 and 2
~ UMcd S!ates
\!). Pos1al Serv,ce
G) .,,,""'
(_,"'-~;;,.\•0'
c,'.)(I
Mission GeuJcns HOA
0 ,jl <t'
EsH111clo OI Santa
Claro /.pn11n1cnt3
Agreement with New Image/Appendix A-1 - Landscape Maintenance Sites Rev. 07-01-18
llvyl~ r.
ll.1pd,l<1 t'1.01B GooOl,t:

Page 27 of 97 ends

9. EL CAMINO REAL AND LAWRENCE EXPRESSWAY
On/off ramps from ECR and Lawrence Expressway - these are the side slope areas off of Lawrence Expressway.

9.1. El Camino Real and Lawrence Expressway (litter & weed service only)

9.2. El Camino Real and Lawrence Expressway (landscape services)

9.3. General Location
El Camino Real & Lawrence Expressway Slopes
1:1 Comtnu n (',!l/lo m ('r r.1• Exp111
£1,•WH
0 ECR/l u,,/t.'11':..: S I JhJt
.0 1 n ,,1r1111 •.11.:.i'-4 1r ;::1
Q LCH1Lr,1110.11,x::.4Jll1 ~
0 rr n,111111,11 ; .. ~ ,11111 :,

9.4. Picture 1
C1!10iinl>.
0 !IJ 0{1
t ud y
0 ' I tlMCl~
O,m,} ~
fl Fl Com 1nu lh:J I
el
0 Cht-won
La,;fef'ICt' Square
Shnrp,ng Cl'-l\ler
0 El Camino •••I 6
01 11f.,IP I 0 \'/,lcltl l
W, 11 1'1 ; t °['
i lo,t ,.1 11 S
'i l•'tll l'I 11 ;!
Agreement with New Image/Appendi x A-1 - Landscape Maintenance Sites Rev. 07-01-18
','I
l.h11
I&

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9.5. Picture 2

9.6. Picture 3
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11. HARRIS-LASS HOUSE

11.1. Picture 1

11.2. Picture 2
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11.3. Picture 3
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13. 1021 / 1031 EL CAMINO REAL LOT

13.1. Picture1

13.2. Picture 2
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APPENDIX A-2

LANDSCAPE MAINTENANCE SITES (SVP)

1. AGNEW SUBSTATION

1.1. Picture 1

1.2. Picture 2
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3. BROKAW SUBSTATION & LAYDOWN YARD

3.1. Picture 1

3.2. Picture 2
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4. CCA SUBSTATION

4.1. Picture 1

5. CENTRAL SUBSTATION

5.1. Picture 1
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6. COGEN POWER STATION

6.1. Picture 1
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7. DE LA CRUZ LOOP JUNCTION

7.1. Picture 1

7.2. Picture 2
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8. DVR GAS COMPRESSOR BUILDING

8.1. Picture 1

8.2. Picture 2
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9. DVR GAS PIPELINE

9.1. Picture 1

9.2. Picture 2
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10. DVR POWER STATION

10.1. Picture 1

10.2. Picture 2
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10.4. Picture 3

10.5. Picture 4
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11. FAIRVIEW SUBSTATION

11.1. Picture 1

11.2. Picture 2
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12. FIBERGLASS LOOP JUNCTION

12.1. Picture 1
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13. GIANERA/DVR METERING STATION

13.1. Picture 1
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14. GIANERA POWER STATION

14.1. Picture 1
,.

To1a1 araa: 65,029.16 It' (6,0-11 -! I m'J
To1al ctislanc.· 1.078 68 ti (328 78 m)
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14.2. Picture 2

14.3. Picture 3
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14.4. Picture 4
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16. HOMESTEAD SUBSTATION

16.1. Picture 1
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18. JENNY STRAND SOLAR

18.1. Picture 1
I
~
,.

Total area 50,218.47 tt' (,t,665 ,:~ m')
Tot I d>51ante. 930 55 ft (2&J61 ml
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19. JULIETTE SUBSTATION

19.1. Picture 1

19.2. Picture 2
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20. KENNETH SUBSTATION

20.1. Picture 1

21. LAFAYETTE SUBSTATION/ KIFER RECEIVING STATION/ DUANE SUBSTATION (ENTRANCE)

21.1. Picture 1
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22. DUANE SUBSTATION (RED) / KIFER RECEIVING STATION (GREEN) / LAFAYETTE

SUBSTATION (YELLOW)

22.1. Picture 1
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23. MATHEW SUBSTATION

23.1. Picture 1

23.2. Picture 2
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24. MISSION SUBSTATION

24.1. Picture 1

24.2. Picture 2
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24.3. Picture 3
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25. NORMAN AVE LOOP JUNCTION

25.1. Picture 1

25.2. Picture 2
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26. NORTHERN RECEIVING STATION

26.1. Picture 1
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27. NORTHWESTERN SUBSTATION

27.1. Picture 1

27.2. Picture 2
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28. OAK JUNCTION SUBSTATION

28.1. Picture 1

29. PALM SUBSTATION

29.1. Picture 1
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30. PARKER SUBSTATION

30.1. Picture 1

30.2. Picture 2
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31. RAYMOND SUBSTATION/ SCOTT RECEIVING STATION

31.1. Picture 1
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32. SERRA SUBSTATION

32.1. Picture 1

32.2. Picture 2
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33. SSS SUBSTATION

33.1. Picture 1

33.2. Picture 2
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34. URANIUM SUBSTATION

34.1. Picture 1
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36. UTILITY CENTER

36.1. Picture 1

36.2. Picture 2
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36.4. Picture 3
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37. WALSH SUBSTATION

37.1. Picture 1

37.2. Picture 2
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38. ZENO SUBSTATION

38.1. Picture 1
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1. CITY HALL

1.1. Picture 1

1.2. Picture 2
APPENDIX A-3

MOWING SITES
Agreement with New Image /Appendi x A-3 - Mowing Sites
Rev. 07-01-18

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1.4. Picture 3

2. FIRE DEPARTMENT ANNEX

2.1. Picture 1
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Rev. 07-01-18

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3. FRANKLIN SQUARE

3.1. Picture 1

3.2. Picture 2
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Rev. 07-01-18

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4. JEFF GOODFELLOW PARK

4.1. Picture 1
,/,,/
.....__~ ,..-:::_" ____ ,_

4.2. Picture 2
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Rev. 07-01-18

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6. LAFAYETTE CUT THROUGH

6.1. Picture 1

6.2. Picture 2
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Rev. 07-01-18

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8. POLICE DEPARTMENT

8.1. Picture 1

8.2. Picture 2
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Rev. 07-01-18

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8.3. Picture 3

9. STREET CORPORATION YARD

9.1. Picture 1
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Rev. 07-01-18

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11. TRITON MUSEUM

11.1. Picture 1

12. WILSON HOUSE

12.1. Picture 1
Agreement with New Image /Appendix A-3 - Mowing Sites
Rev. 07-01-18

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APPENDIX A-4

SOLID WASTE COLLECTION

1. VT A TRASH CANS

1.1. Standard photo of a VTA trash can
See next page.

Agreement with New Image /Appendi x A-4 - Solid Waste Collection Rev. 07-01-18

Page 77 of 97 ends

2. PUBLIC LITTER CANS

2.1. Maps indicating the locations of thirteen (13) public litter cans.

Northside Santa Clara Public Litter Cans
UC1nhcid{l Public Littc:f Con:;
C) Pl.lblir. LiHe1 Con
C) Pul.Jlir. Litt.21 Can
C) Public l.hle 1 Can
C) l'\1hllr I rim Cen
C) Puhlic Lhtr.rCnn
(') Pubfit Liac, Con
Cl r ,blic Lillei Con
C) P1Jl.ilit Litte, Can
D
,n,O
0 A1ista Nt::twork5, Inc
0 I t1llon Sonln Clar;:,
Monroe Street Public Litter Cans
f.Aonroo Stroc1 Public li ttN Co11 0
C> Pul.:llc Litte1 Cnn
«) Public Lill e< Con
C) Puhlit: Lille!' CAil V1ncen1 o,
&
Ml:.siun City r:e111e, re, Pc1fon111ng i\rt s
nornx c,1
tiny lootua, lluyc;ut!
G
0 Ad1lo11 W,lcox
High School
Agreement with New Image /Appendi x A-4 - Solid Waste Collection Rev. 07-01 -18
D I
Collrornlo C!eanln'
Poolo • Poo l Service In.
o,, 0
•lt01

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Benton Street Public Litter Cans
Benton s1rcc1 Public Li'itcr Cano
Pullli c littE:1 Can
G> Pulllic Littr:.1 Con
Onhcllo Wny
l lumboll Ava
Santa Clara
First IJ;:1plisl Ch r
) ASS 0
El Subrnnte St
Benton St
Onhrllo l'loy
Humhnll ,\v?
S;;mla Clara High School Q

2.2. Standard photo of a public litter can
Agreement with New Image /Appendix A-4 - Solid Waste Collection Rev. 07-01-18
El Sobrantc 51
Onh<?llo Way
Humholt A•,e
The Moo Bc.11
Cl
Orthello Way ~
;;;-
1-fumboll Ave
7-Elcven
"' w
K
G) 6
KunJ1p r o n-1no
e,
,_ C
§. Element
Map J¥b C~ l8 Google

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APPENDIX A-5

POLICY TO REQUIRE AN INTEGRATED PEST MANAGEMENT

APPROACH TO PEST CONTROL AT ALL CITY OWNED PROPERTIES
The City of Santa Clara will carry out its pest management operations, at city-owned facilities, and on property where the City is responsible to provide facility and landscape maintenance, using Integrated Pest Management (1PM) techniques . The City will use best management practices for pest prevention to limit the amount of chemical applications needed for pest suppression . The City, recognizing that some pesticides may be potentially hazardous to human health and the environment , shall give preference to reasonably available non-pesticide alternatives , and reduced-risk pesticides , when performing pest control activities . The least toxic solution shall be selected whenever possible .

No products containing Clopyralid , Diazinon , Chlorpyrifos (Dursban), Chloradane , DDT, Dieldr in or other organophosphates may be used on City property . Fipronil and pyrethroids including , but not limited to Deltamethrin and Bifenthrin, may be used by City staff or a City contractor on City property or property maintained by the City only after all other 1PM methods have been attempted and with the written approval of the designated City staff person .

Staff in departments that are responsible for implement ing pest management techniques using City staff and/or contracto rs, or manage construction projects on City property that may need to implement pest management techniques, will be trained using the "Integra ted Pest Manageme nt Guide for Facility Managers, Understanding 1PM for Facilities, Landscape and Grounds Management ", authored by the County of Santa Clara . Parks Department Maintenance Division, Parkways & Boulevards Division , Building Maintenance Division, and Public Works Inspection Division staff must attend annual 1PM training and shall implement 1PM techniques .

Pesticide applications must have a written recommendation by a Pest Control Adv isor (PCA) . City personnel and contractors must possess a Qualified Applicator Certificate (QAC) to apply pesticides .

Annual pesticide usage reports shall be prepared by all departments respons ible for managing City properties where pesticides are used. The quantities and types of pestic ides used by both City personnel and contractors shall be tracked and summarized in a report covering July 1 - June 30. Annual reports shall be submitted to the Project Manager by July 31 st each year .

Contracting Pesticide Applicators for the City of Santa Clara will sign this form to acknowledge that they have been advised of the City's Integrated Pest Management policy and agree to abide by it. Contracting Pesticide Applicators also agree to provide the City with summaries of quantities and types of chemicals applied for reporting purposes .

Contracting City Department Name :

Contracting City Department Contact Person:

Contractor Company Name:

Company Representative Name/Title :

Address :

Signature : Date:

Agreement with New Image /Appendi x A-5 - Integrated Pest Management Rev. 07-01 -18

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1. MAXIMUM COMPENSATION

EXHIBIT B

SCHEDULE OF FEES
The maximum compensation payable for all materials and services provided under this Agreement shall not exceed Two Hundred Eighty-Six Thousand Three Hundred Ten Dollars and Twenty Cents ($286,310.20) during the Initial Term of the Agreement ("Maximum Compensation"). Any additional services or materials requested by the City that would exceed the preceding maximum amount will be addressed in an Amendment to the Agreement.

Description Amount
Landscapinq sites as listed in Appendix 8-1 $238,310.20 Additional Services (as may be authorized by the City) $48,000.00 Maximum Compensation $286,310.20

2. FEE SCHEDULE
Appendix 8-1 sets forth the detailed fee schedule including the schedule of performance.

3. ADDITIONAL SERVICES
In the event the City requires additional landscape services, Contractor shall provide a written quotation that includes all costs to complete the additional work requested. Contractor shall obtain prior written approval from the City before starting work.

Description Rate
Laborer $70 per hour
Foreman $85 per hour
lrriqation Technician $110 per hour
Supervisor $130 per hour
Material Markup Percentage 19%

4. OPTION PERIODS
Pursuant to Section 2.8 of the Agreement after the initial one-year term, the City reserves the right to exercise four (4) additional one-year period extensions for a total of five (5) years. Prices shall remain fixed for the one-year initial term. In the event the City elects to exercise options after the initial term, price adjustments may be considered by the City. The contractor must demonstrate to the satisfaction to the City that a price increase is justified.

5. INVOICING
All Payments are based upon City's acceptance of Contractor's performance of landscape services per the scope of services and schedule of performance. City shall have no obligation to Agreement with New Image Landscape Company/Exhibit 8-Schedule of Fees Rev. 07-01-18

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pay unless Contractor has successfully completed and City has approved the services for which payment is due.

Contractor shall submit to City a monthly invoice within fifteen (15) working days of the last day of each month, in arrears, for payment for services performed pursuant to this Agreement. The City will pay Contractor within thirty (30) days of City's receipt of an approved invoice.

Agreement with New Image Landscape Company/Exhibit B-Schedule of Fees Rev. 07-01-18

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APPENDIX B-1

DETAILED FEE / SERVICE SCHEDULE
This Appendix B-1 provides the rates that Contractor may charge the City for services. The City may modify this Appendix to add/delete sites as may be required. Such changes shall require no modification of the Agreement if the Total Maximum Compensation is not exceeded. "X" indicates weekly services on the months indicated.
"O" indicates bi-monthly (twice per month) services on the months indicated.

Location Address Jan
1 Edwards (PG&E Towers) X
2 Laurie Avenue (PG &E X Tower)
3 Memorex X
4 Comstock X
5 Calabazas Blvd.
(Oleanders)
6 Calabazas Blvd.
(Eucalyptus)
7 Calabazas Blvd. (sign
clearance)
8 Lickmill Center Medians X and Sidescapes
9 Hope Drive (liter & weed X seNice)
10 Hope Drive (landscape X seNices)
El Camino Real and
11 Lawrence Expressway X
(liter & weed seNice)
El Camino Real and
12 Lawrence Expressway X
(landscape seNices)
13 Harris-Lass House 1889 Market St
Agreement with New Image Landscape Company/Appendix B-1 Rev. 07-01-18
A. Landscape Maintenance Sites
Feb Mar Apr May Jun
X
X

X X X X X
X
X
X
X

X X X X X
X

X X X X
Jul Aug Sep Oct Nov Dec Yearly Cost
X X $1,650.00
X X $1,650.00
X X X X X X $5,280.00
X X $5,280.00
X $3,300.00
X $1,188.00
$400.00
X X $3,300.00
X X X X X X $4,224.00
X X $5,280.00
X X X X X X $9,570.00
X X $6,930.00
X X X X X $3,168.00
Subtotal $51,220.00

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B. Landscape Maintenance Sites (Silicon Valley Power)
Location Address Jan
1 Agnew Substation 2375 Agnew Rd.
2 Brokaw Substation 349 Brokaw Rd.
3 CCA Substation 2700 De La X Cruz
4 Central Substation 3370 Bowers X Ave.
5 Cogen Power Station 540 Robert Ave. X
6 De La Cruz Loop Junction 510 Mathew St. X
7 DVR Gas Compressor 2965 Lafayette X Buildinq St.

Corner of
8 DVR Gas Pipeline Gian era/Wilcox
St.
9 DVR Power Station 850 Duane Ave. X
10 Fairview Substation 2930 Coronado X
11 Fiberglass Loop Junction 2850 Lafayette
St.
12 Gianera/DVR Metering 2339 Gianera
Station St.
13 Gianera Power Station 2339 Gianera
St.
14 Homestead Substation 2831 X Homestead Rd.
15 Jenny Strand Solar 250 Howard
Drive
16 Juliettte Substation 3750 Juliette X Lane
17 Kenneth Substation 1234 Space X Park Dr.
18 Kifer Receiving Station 2970 Lafayette X St.
19 Lafayette 2960 Lafayette X St
20 Lafayette Substation 901 Comstock X St.
21 Mathew Substation 600 Mathew St. X
22 Mission Substation 2929 Mission X Colleae Blvd.

Agreement with New Image Landscape Company/Appendix B-1 Rev. 07-01-18
Feb Mar Apr May Jun Jul Au~
X X X
X X X

X X X X X X X

X X X X X X X
X X X

X X X X X X X

X X X X X X X
X X X
X X X
X X X

X X X X X X X
X X X

X X X X X X X

X X X X X X X
Sep Oct Nov Dec Yearly Cost
X $2,200.00
X $1,320.00
X X X X $10,560.00
X X X X $3,300.00
X X X X $3,300.00
X X X X $6,600.00
X X X X $5,280.00
X $1,320.00
X X X X $7,920.00
X X X X $5,280.00
X $1,760.00
X $2,200.00
X $2,200.00
X X X X $6,600.00
X $8,250.00
X X X X $2,200.00
X X X X $3,300.00
X X X X $2,200.00
X X X X $2,200.00
X X X X $2,200.00
X X X X $4,620.00
X X X X $4,620.00

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23 Norman Ave. Loop 1515 Norman X Junction Ave.
24 Northern Receiving Station 4952 Bill Walsh X Way
25 Northwestern Substation 2690 Condenza X
26 Palm Substation 4211 Lafayette
St.
27 Parker Substation 737 Mathew X
28 Raymond Substation 1255 Space X Park
29 Serra Substation 5301 Stevens X Creek
30 Scott Receiving Station 1205 Space X Park Dr.
31 SSS Substation 810 Thomas X Foon Chew Way
32 Uranium Substation 2705 Bowers X Ave.
33 Utility Center 1705 Martin X Ave.
34 Walsh Substation 1600 Walsh X
3050
35 Zeno Substation Semiconductor X
Dr.

Agreement with New Image Landscape Company/Appendix B-1 Rev. 07-01-18
X X X
X X X
X X X
X
X X X
X X X
X X X
X X X
X X X
X X X
X X X
X X X
X X X
X X X X X X X X $9,240.00
X X X X X X X X $6,600.00
X X X X X X X X $4,620.00
X X X $3,080.00
X X X X X X X X $3,300.00
X X X X X X X X $3,960.00
X X X X X X X X $4,400.00
X X X X X X X X $3,960.00
X X X X X X X X $8,800.00
X X X X X X X X $6,600.00
X X X X X X X X $3,300.00
X X X X X X X X $3,300.00
X X X X X X X X $4,620.00
Subtotal $155,210.00

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C. Mowing Services
Location Address Jan Feb Mar Apr Mav Jun Jul Auci
1 City Hall 1500 Warburton 0 0 X X X X X X Ave
2 Fire Department Annex 1177 Alviso St 0 0 X X X X X X
3 Franklin Square 987 Monroe St 0 0 X X X X X X
4 Harris-Lass House 1889 Market St 0 0 X X X X X X
5 Jeff Goodfellow Park 1590 El Camino 0 0 X X X X X X Real 6 Lafayette Cut Through 475 Lafayette St 0 0 X X X X X X 7 Police Department 601 El Camino 0 0 X X X X X X Real
8 Street Corporation Yard 1700 Walsh Ave 0 0 X X X X X X 9 Triton Museum 1505 Warburton 0 0 X X X X X X Ave
10 Wilson House 884 Lafayette St 0 0 X X X X X X
D. Silicon Vallev Power (SVP) Herbicide Application
Location Address Jan
1 Agnew Substation 2375 Agnew Rd.
2 Brokaw Substation 349 Brokaw Rd.
3 Central Substation 3370 Bowers
Ave.
4 Cogen Power Station 540 Robert Ave.
5 De La Cruz Loop Junction 510 Mathew St.
6 DVR Gas Compressor 2965 Lafayette
Buildinq St.

Corner of
7 DVR Gas Pipeline Gian era/Wilcox
St.
8 DVR Power Station 850 Duane Ave.
9 Fairview Substation 2930 Coronado
10 Fiberglass Loop Junction 2850 Lafayette
St.
11 Gianera Power Station 2339 Gianera
St.

Agreement with New Image Landscape Company/Appendix B-1 Rev. 07-01-18
Feb Mar Apr Mav Jun Jul Auci
X X
X X
X X
X X
X X
X X
X X
X X
X X
X X
X X
Sep Oct Nov Dec Yearly Cost
X X X 0 $2,500.00
X X X 0 $650.00
X X X 0 $650.00
X X X 0 $650.00
X X X 0 $350.00
X X X 0 $650.00
X X X 0 $650.00
X X X 0 $350.00
X X X 0 $1,250.00
X X X 0 $350.00
Subtotal $8,050.00
Sep Oct Nov Dec Yearly Cost
X X $340.00
X X $340.00
X X $340.00
X X $340.00
X X $340.00
X X $340.00
X X $340.00
X X $340.00
X X $340.00
X X $340.00
X X $340.00

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12 Homestead Substation 2831
Homestead Rd.
13 Jenny Strand Solar 250 Howard
Drive
14 Juliettte Substation 3750 Juliette
Lane
15 Kenneth Substation 1234 Space
Park Dr.
16 Kifer Receiving Station 2970 Lafayette
St.
17 Lafayette 2960 Lafayette
St
18 Lafayette Substation 901 Comstock
St.
19 Mathew Substation 600 Mathew St.
20 Mission Substation 2929 Mission
Colleqe Blvd.
21 Norman Ave. Loop 1515 Norman
Junction Ave.
22 Northern Receiving Station 4952 Bill Walsh
Way
23 Northwestern Substation 2690 Condenza
24 Palm Substation 4211 Lafayette
St.
25 Parker Substation 737 Mathew
26 Raymond Substation 1255 Space
Park
27 Serra Substation 5301 Stevens
Creek
28 Scott Receiving Station 1205 Space
Park Dr.
29 SSS Substation 810 Thomas
Foon Chew Way
30 Uranium Substation 2705 Bowers
Ave.
31 Utility Center 1705 Martin
Ave.
32 Walsh Substation 1600 Walsh
Agreement with New Image Landscape Company/Appendix B-1 Rev. 07-01-18
X X X X $340.00
X X X X $340.00
X X X X $340.00
X X X X $340.00
X X X X $340.00
X X X X $340.00
X X X X $340.00
X X X X $340.00
X X X X $340.00
X X X X $340.00
X X X X $340.00
X X X X $340.00
X X X X $340.00
X X X X $340.00
X X X X $340.00
X X X X $340.00
X X X X $340.00
X X X X $340.00
X X X X $340.00
X X X X $340.00
X X X X $340.00

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3050
33 Zeno Substation Semiconductor X X
Dr.

E. Solid Waste Collection - VT A Tra,;h Cans
Location I Jan I Feb I Mar I Apr I May I Jun I Jul
1 West Bound El Camino Real@ Monroe (1375 Every Friday ECR- KFC) 2 West Bound El Camino Real@ Lincoln (1655 Every Friday ECR) 3 West Bound El Camino Real @ Los Padres Every Friday (2325 ECR) 4 West Bound El Camino Real @ San Tomas Every Friday (2455 ECR) 5 West Bound El Camino Real @ Calabasas Every Friday (3161 ECR) 6 West Bound El Camino Real @ Pomeroy Every Friday (3305 ECR) 7 East Bound El Camino Real @ Calabasas Every Friday (3284 ECR) 8 East Bound El Camino Real @ Alpine (3000 Every Friday ECR) 9 East Bound El Camino Real@ San Tomas Every Friday (2400 ECR) 10 East Bound El Camino Real @ Los Padres Every Friday (2280 ECR) 11 East Bound El Camino Real@ Monroe (1212 Every Friday ECR) 12 East Bound El Camino Real @ Jefferson Every Friday
13 East Bound El Camino Real @ Main St. Every Friday
14 East Bound El Camino Real @ Park Every Friday
15 East Bound El Camino Real @ SCU (Hilmar Every Friday 2323) 16 North Bound Monroe @ ECR Every Friday
17 North Bound Monroe @ Bellomy (527 Every Friday Monroe) 18 South Bound Monroe@ Bellomy (490 Every Friday Monroe) Agreement with New Image Landscape Company/Appendix B-1 Rev. 07-01-18
X X $340.00
Subtotal $11,220.00
I Auci I Sep I Oct I Nov I Dec Yearly Cost
$290.00
$290.00
$290.00
$290.00
$290.00
$290.00
$290.00
$290.00
$290.00
$290.00
$290.00
$290.00
$290.00
$290.00
$290.00
$290.00
$290.00
$290.00

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19 West Bound Stevens Creek @ Winchester Every Friday (3149 Stevens Creek) 20 West Bound Stevens Creek @ Saratoga Every Friday (3939 Stevens Creek) 21 West Bound Stevens Creek @ Woodhams Every Friday ( 4585 Stevens Creek) 22 West Bound Stevens Creek @ Cronin Every Friday
23 West Bound Stevens Creek @ Chabot Every Friday
24 North Bound Kiely@ Pruneridge (429 Kiely) Every Friday 25 East Bound Homestead @ Princeton (3480 Every Friday Homestead) 26 East Bound Homestead @ Pomeroy (3760 Every Friday Homestead) 27 South Bound Kiely @ Homestead (770 Kiely - Every Friday Gas Station) 28 North Bound Kiely @ Homestead (805 Every Friday Homestead) 29 Benton@ Sonoma (2642 Benton) Every Friday
F. Solid Waste Collection - Public Litter Cans
I Location I I Jan I Feb I Mar I Apr I Mav I Jun I Jul I AuQ I Sep I 1 I 13 Locations as specified in Appendix A4 I Every Friday Agreement with New Image Landscape Company/Appendix B-1 Rev. 07-01-18
$290.00
$290.00
$290.00
$290.00
$290.00
$290.00
$290.00
$290.00
$290.00
$290.00
$290.00
Subtotal $8,410.00
Oct I Nov I Dec Yearly Cost
$4,200.00
Subtotal $4,200.00

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EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting the Contractor's indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect, at its sole cost and expense, the following insurance policies with at least the indicated coverages, provisions and endorsements:

A. COMMERCIAL GENERAL LIABILITY INSURANCE

1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$2,000,000 Each occurrence
$2,000,000 General aggregate
$2,000,000 Products/Completed Operations aggregate
$2,000,000 Personal Injury

2. Exact structure and layering of the coverage shall be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.

3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a "pay on behalf' basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.

B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned, non-owned and hired autos.

In the event that the Work being performed under this Agreement involves transporting of hazardous or regulated substances, hazardous or regulated Agreement with New Image Landscape/Exhibit C-lnsurance Requirements Rev. 07-01-18

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wastes and/or hazardous or regulated materials, Contractor and/or its subcontractors involved in such activities shall provide coverage with a limit of two million dollars ($2,000,000) per accident covering transportation of such materials by the addition to the Business Auto Coverage Policy of Environmental Impairment Endorsement MCS90 or Insurance Services Office endorsement form CA 99 48, which amends the pollution exclusion in the standard Business Automobile Policy to cover pollutants that are in or upon, being transported or towed by, being loaded onto, or being unloaded from a covered auto.

C. WORKERS' COMPENSATION

1. Workers' Compensation Insurance Policy as required by statute and employer's liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accidenVBodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.

2. The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers' Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).

3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.

D. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.

1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor's work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85 or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.

2. Primary and non-contributing. Each insurance policy provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the Indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance Indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor's insurance.

Agreement with New Image Landscape/Exhibit C-lnsurance Requirements Rev. 07-01-18

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3. General Aggregate. The general aggregate limits shall apply separately to Contractor's work under this Agreement providing coverage at least as broad as Insurance Services Office (ISO) Endorsement CG 2503, 1985 Edition, or insurer's equivalent (CGL);

4. Cancellation.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non renewal.

5. Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through D of this Exhibit C, above.

E. ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:

1. Contractor agrees to ensure that subcontractors, and any other party involved with the Services who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.

2. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to Agreement with New Image Landscape/Exhibit C-lnsurance Requirements Rev. 07-01-18

Page 92 of 97 ends

City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

3. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.

F. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense , provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City's approval as to adequacy of the insurance protection.

G. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement.

Upon City's request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be e-mailed to [email protected] .

Or by mail to:

EBIX Inc.

City of Santa Clara - Department of Public Works
P.O. Box 100085 - S2
Duluth, GA 30096
Telephone number: 951-766-2280
Fax number: 770-325-0409
H. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives .

Agreement with New Image Landscape/E xhibit C-lnsurance Requirements Rev. 07-01 -18

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EXHIBIT D

LABOR COMPLIANCE ADDENDUM
This Agreement is subject to the requirements of California Labor Code section 1720 et seq. requiring the payment of prevailing wages, the training of apprentices, and compliance with other applicable requirements.

I. Prevailing Wage Requirements

1. Contractor shall be obligated to pay not less than the General Prevailing Wage Rate, which can be found at www.dir.ca.gov and are on file with the City Clerk's office, which shall be available to any interested party upon request. Contractor is also required to have a copy of the applicable wage determination posted and/or available at each job site.

2. Specifically, contractors are reminded of the need for compliance with Labor Code Section 177 4-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping ::md submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811-1813.

3. Special prevailing wage rates generally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the project and the amount of travel incurred by workers on the project, certain travel and subsistence payments may also be required.

Contractors and subcontractors are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca.gov.

4. Only bona fide apprentices actively enrolled in a California Division of Apprenticeship Standards approved program may be employed on the project as an apprentice and receive the applicable apprenticeship prevailing wage rates. Apprentices who are not properly supervised and employed in the appropriate ratio shall be paid the full journeyman wages for the classification of work performed.

5. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, Contractor agrees to present to City, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request. The term "certified payroll" shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the City or its designee including, but not limited to: certified Agreement with New Image Landscape/Exhibit D - Labor Compliance Addendum Rev. 07-01-18

Page 94 of 97 ends

payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.

6. In addition to submitting the certified payrolls and related documentation to City, Contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and/or final payment.

7. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1 (a)].

8. No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered "public works contractor" with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.

9. All contractors/subcontractors and related construction services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a "public works contractor". Those you fail to register and maintain their status as a public works contractor shall not be permitted to perform work on the project.

10. Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the City for any fines assessed by the California Department of Industrial Relations against the City for such violation, including all staff costs and attorney's fee relating to such fine.

11. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

J. Audit Rights
All records or documents required to be kept pursuant to this Agreement to verify compliance with this Addendum shall be made available for audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents shall be provided to City for audit at City Hall when it is Agreement with New Image Landscape/Exhibit D - Labor Compliance Addendum Rev. 07-01-18

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practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Contractor's address indicated for receipt of notices in this Agreement.

K. Enforcement

1. City shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., City may continue to hold sufficient funds to cover estimated wages and penalties under the Agreement.

2. Based on State funding sources, this project may be subject to special labor compliance requirements of Proposition 84.

3. The City is not obligated to make any payment due to Contractor until Contractor has performed all of its obligations under these provisions. This pmvision means that City can ·withhold all or part of a payment to Contractor until all required documentation is submitted. Any payment by the City despite Contractor's failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this Agreement or a waiver of the right to withhold payment for any subsequent breach of this Addendum.

City or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements.

These penalties are up to $200 per day per worker for each wage violation identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.

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EXHIBIT E

NOTICE OF EXERCISE OF OPTION TO EXTEND AGREEMENT
AGREEMENT TITLE:

CONTRACTOR:

DATE:

Pursuant to Section _ of the Agreement referenced above, the City of Santa Clara hereby exercises its option to extend the term under the following provisions:

I OPTION NO. # of#

NEW OPTION TERM
I Begin date:

End date:
□ CHANGES IN RATE OF COMPENSATION
I Percentage change in CPI upon which adjustment is based:

Pursuant to Section_ of the Agreement the rates of compensation are hereby adjusted as follows:
(use attachment if necessary)
I MAXIMUM COMPENSATION for New Option Term:

For the option term exercised by this Notice, City shall pay Contractor an amount not to exceed the amount set forth above for Contractor's services and reimbursable expenses, if any. The undersigned signing on behalf of the City of Santa Clara hereby certifies that an unexpended appropriation is available for the term exercised by this Notice, and that funds are available as of the date of this signature.

Approved as to Form:

Office of the City Attorney
City of Santa Clara
Dated:

DEANNA J. SANTANA
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: ( 408) 615-2210
Fax: (408) 241-6771
Agreement with New Image Landscape/Exhibit E - Option Form Rev. 07-01-18

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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1693 Agenda Date: 1/25/2022

REPORT TO CITY COUNCIL

SUBJECT
Action on the Award of Agreement to MIG, INC for Consultant Services to Update the City’s Adopted Housing Element and Related Budget Amendment

COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development

BACKGROUND
The City is in the process of completing the Housing Element Update, including all necessary environmental review, as required under State law in a manner consistent with the Regional Housing Needs Allocation 6 (RHNA 6) for the planning period, 2023-2030 as set forth by the State Department of Housing and Community Development (HCD) and further administered by the Association of Bay Area Governments/Metropolitan Transportation Commission (ABAG/MTC). ABAG/MTC encourages local jurisdictions to utilize the services of consultants from a consultant bench established by ABAG/MTC. As such, the City invited consultants seated on the ABAG/MTC Regional Planning Consulting Bench to submit proposals to assist the City in completing the Housing Element Update.

The ABAG/MTC consulting bench selection process is consistent with the City's procurement rules.

DISCUSSION
The Metropolitan Transportation Commission conducted a formal Request for Qualifications (RFQ) process to prequalify firms for the regional planning bench. Pursuant to City Code Section 2.105.290 (b)(3), which states that the City may “direct purchases from vendors on terms obtained pursuant to formal bidding processes,” the City utilized the bench to issue a mini-RFP for consultant services related to the Housing Element Update along with the creation of an Environmental Justice General Plan Element. A total of sixteen firms were contacted as a part of the mini-RFP process, which resulted in no responsive proposals. City staff then narrowed the proposal to only include the Housing Element Update work, and contacted the firm Moore, Iacofano and Goltsmann (MIG) Inc. directly from the bench.

Having completed a procurement process consistent with the City’s procurement requirements, staff is recommending award of an agreement to MIG, Inc. to act as the City’s consultant to assist with preparation of the Housing Element Update. After reviewing the qualifications of several consultants on the ABAG/MTC bench and discussing with them their availability to take on the scope of work needed for the City of Santa Clara, staff identified MIG as the preferred consultant. MIG was selected for their experience preparing Housing Elements for other communities and because of their familiarity with the City of Santa Clara growth plans, having also been the City’s consultants supporting the Freedom Circle Focus Area Plan and Patrick Henry Drive Specific Plan. For efficiency City staff will undertake several portions of the Housing Element Update, but will utilize the consultant services where they provide particular expertise and staffing capacity as needed to complete the City of Santa Clara Printed on 1/19/2022Page 1 of 3
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Update process. The Housing Element Update scope of work for MIG includes community engagement, drafting of the housing element document, preparation of an environmental clearance, and participation in public hearings. The Agreement for Services, including the detailed scope of work, is attached to this report.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

FISCAL IMPACT
To fund the Housing Element update work, the City has received a Local Early Action Planning (LEAP) reimbursable grant from the State of California Department of Housing and Community Development. The maximum total amount granted and reimbursable to may not exceed $499,150, and all grant funds must be expended on or before December 31, 2023. Of this grant funding, $199,968 will be used to fund a consultant and the remaining $299,182 will be used to fund City staff expenses.

The recommended budget action below recognizes the grant funding from the State of California Department of Housing and Community Development and establishes an appropriation in the Engineering Operating Grant Trust Fund for the Housing Element update.

Budget Amendment
FY 2021/22
Current Increase/
(Decrease)
Revised
Engineering Operating Grant
Trust Fund
Revenue
Grant Funding $0 $499,150 $499,150
Expenditure
Housing Element Update $0 $499,150 $499,150

COORDINATION
This report has been coordinated with the Finance Department and the City Attorney’s Office.

RECOMMENDATION
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1. Accept and approve the $499,150 in grant funding from the State of California Department of Housing and Community Development;

2. Authorize the City Manager to execute an agreement with MIG, INC to provide Housing Element update Consultant Services for a term ending on December 31, 2023, for a maximum compensation not to exceed $199,968; and

3. Consistent with City Charter Section 1305, “At any meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least five members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenue not included in the budget,” approve the related FY 2021/22 budget amendment in the Engineering Operating Grant Trust Fund to recognize grant revenue in the amount of $499,150 and establish an appropriation in the amount of $499,150 for preparation of the City’s Housing Element Update (five affirmative Council votes required to appropriate additional revenue).

Reviewed by: Andrew Crabtree, Director of Community Development Approved by: Deanna J. Santana, City Manager

ATTACHMENTS

1. Agreement with MIG, INC
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Agreement with MIG, Inc. Page 1 of 23
Rev. 07-01-18
EBIX Insurance No. S200004183

AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
MIG, INC.

PREAMBLE
This Agreement is entered into as of the City’s execution date (Effective Date) between the City of Santa Clara, California. This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and MIG, Inc., a California corporation (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
A. City desires to secure the services more fully described in this Agreement, at Exhibit A, entitled “Scope of Services”;
B. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.

The Parties agree as follows:

AGREEMENT TERMS AND CONDITIONS

Exhibit A – Scope of Services
Exhibit B – Schedule of Fees
Exhibit C – Insurance Requirements
This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions

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of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.

3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Contractor shall perform those Services specified in Exhibit A within the time stated in Exhibit A. Time is of the essence.

5. QUALIFICATIONS OF CONTRACTOR - STANDARD OF CARE
Contractor represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Contractor’s representations regarding its skills and knowledge. Contractor shall perform such Services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.

6. CONFLICT OF INTEREST (FORM 700)
In accordance with the California Political Reform Act (Government Code section 81000 et seq.) and the City’s Conflict of Interest Code, Contractor shall cause each person who will be principally responsible for providing the service and deliverables under this Agreement as having to file a Form 700 to do each of the following:

A. Complete and file the Form 700 no later than thirty (30) calendar days after the date the person begins performing services under the Agreement

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and all subsequent Form 700s in conformance with the requirements specified in the California Political Reform Act; and
B. File the Form 700 with the City’s Clerk Office.

7. COMPENSATION AND PAYMENT
In consideration for Contractor’s complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled “SCHEDULE OF FEES.” The maximum compensation of this Agreement is set forth in Section 1 of Exhibit B and is subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Contractor’s expense.

Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.

8. TERMINATION
A. Termination for Convenience. City shall have the right to terminate this Agreement, without cause or penalty, by giving not less than Thirty (30) days’ prior written notice to Contractor.

9. ASSIGNMENT AND SUBCONTRACTING
City and Contractor bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Contractor shall not hire subcontractors without express written permission from City.

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10. NO THIRD PARTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.

11. INDEPENDENT CONTRACTOR
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Contractor has full rights to manage its employees in their performance of Services under this Agreement.

12. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor or becomes generally known to the related industry shall be deemed confidential.

13. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Contractor may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.

14. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement, including termination of Contractor. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Contractor shall bear the

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cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.

Contractor shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Contractor agrees to assist City in meeting City’s reporting requirements to the State and other agencies with respect to Contractor’s Services hereunder.

15. HOLD HARMLESS/INDEMNIFICATION
A. As regards claims arising from the performance of professional services covered by the Professional Liability or Errors and Omissions Insurance policy, Contractor agrees to hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including reimbursement of all costs and reasonable attorney's fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort. or equity, to the extent determined by final judgment or settlement to arise from a negligent act, error, omission or willful misconduct in the Services performed by Contractor pursuant to this Agreement. The indemnification obligation in this paragraph shall not extend to third parties performing services for the Project.

B. As regards all other claims, Contractor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney’s fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner arising from, or alleged to arise in whole or in part from, or in any way connected with Contractor’s operations in the course of providing the Services pursuant to this Agreement – including claims of any kind by Contractor’s employees or persons contracting with Contractor to perform any portion of the Scope of Services. However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.

C. Contractor’s obligation to protect, defend, indemnify, and hold harmless in full City and City’s employees set forth in Paragraph B above, shall specifically extend to any and all employment-related claims of any type brought by employees, contractors, subcontractors or other agents of Contractor, against City (either alone, or jointly with Contractor), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.

Agreement with MIG, Inc. Page 6 of 23
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D. To the extent Contractor is obligated to provide health insurance coverage to its employees pursuant to the Affordable Care Act (“Act”) and/or any other similar federal or state law, Contractor warrants that it is meeting its obligations under the Act and will fully indemnify and hold harmless City for any penalties, fines, adverse rulings, or tax payments associated with Contractor’s responsibilities under the Act.

16. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Contractor shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.

17. WAIVER
Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City’s review, acceptance nor payments for any of the Services required under this Agreement shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.

18. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:

City of Santa Clara
Attention: Community Development Department
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected] and
[email protected]

And to Contractor addressed as follows:

MIG, Inc.
537 S. Raymond Avenue
Pasadena, CA 91105
and by e-mail at
[email protected]
The workday the e-mail was sent shall control the date notice was deemed given.

An e-mail transmitted after 1:00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.

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19. COMPLIANCE WITH LAWS
Contractor shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to “The Code of the City of Santa Clara, California” (“SCCC”). In particular, Contractor’s attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Contractor has read and agrees to comply with City’s Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299).

20. CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 and following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.

21. FAIR EMPLOYMENT
Contractor shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.

22. NO USE OF CITY NAME OR EMBLEM
Contractor shall not use City’s name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.

23. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.

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24. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.

25. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.

26. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.

The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation

Approved as to Form: Dated:

Office of the City Attorney
City of Santa Clara

DEANNA J. SANTANA
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”

MIG, INC.
a California corporation

Dated:

By (Signature):

Name: Daniel Iacofano
Title: President/CEO
Principal Place of
Business Address: 800 Hearst Avenue, Berkeley, CA 94710 Email Address: [email protected]
Telephone: 510-845-7549

Agreement with MIG, Inc. Page 9 of 23
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Fax: 510-845-8750
“CONTRACTOR”

Agreement with MIG./Exhibit A Page 10 of 23
Rev. 07-01-18

EXHIBIT A

SCOPE OF SERVICES

1. INTRODUCTION

1.1. Consultant shall provide all necessary services to update the City’s adopted housing element in a manner consistent with current State law, ensuring submittal of a final adopted element to HCD by January 2023.

2. TASK 1: PROJECT INITIATION, MANAGEMENT, AND COORDINATION

2.1. Task 1.1: Project Initiation and Project Schedule Development

2.1.1. At the outset of the project, Consultant shall meet with City staff to kick off the project, gather data and information, finalize protocols and communications, discuss the public engagement activities, and outline overall expectations and desired outcomes. This will include refining the work program, preparing a detailed revised project schedule, and reviewing the management structure that will ensure the program is completed on time and within budget. The detailed timeline schedule will include milestones leading toward adoption of the Housing Element before the January 2023 deadline.

2.1.2. As part of the kick-off meeting, Consultant will tour the City with City staff. City will determine if the meeting will be conducted online or in person.

2.2. Task 1.2: Project Management, Project Team Meetings, and Phone Calls

2.2.1. The purpose of this subtask is to ensure project management meets the City’s expectations and keeps the program moving forward, including contract administration, invoicing, scheduling, and the timely delivery of products. Consultant shall have a biweekly phone call with the City’s project manager to monitor and review project progress and results, including discussing options for policy implementation and preferred direction and to review draft work products.

2.3. Deliverables

2.3.1. Kickoff Meeting Agenda

2.3.2. Refined Work Program and Schedule

2.3.3. Project Management Call Agenda and Summaries

3. TASK 2: COMMUNITY OUTREACH AND ENGAGEMENT

Agreement with MIG./Exhibit A Page 11 of 23
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3.1. Develop a program that effectively reaches, educates, and engages the community throughout the Housing Element update. The program must include strategies to ensure broad inclusion, particularly of hard to reach groups and special needs populations, with special attention given to communicating information so it is accessible and easy to understand.

Outreach is expected to begin early in the process and continue throughout for feedback on important topics such as draft ideas, site options, the draft Housing Element, and environmental review. Consultant must lead the engagement, create the presentation materials, as well as compile and summarize the input from the community. At a minimum, outreach must consist of:

3.1.1. Initial presentation to City Council and presence at all City Council study sessions or meetings (three total study sessions/meetings anticipated)

3.1.2. Two potential Planning Commission study sessions

3.1.3. One community meeting

3.1.4. Two stakeholder focus group meetings

3.1.5. Preparation of materials that the City will post on its website on a page dedicated to the Housing Element

3.1.6. One online survey

3.2. The City is expecting to maximize the use of existing outreach opportunities, including multi-jurisdiction efforts supported by either ABAG or the Santa Clara County Planning Collaborative.

3.3. Assume the Collaborative will provide a jurisdiction-specific newsletter and general housing element documents (e.g. what is a housing element).

4. TASK 3: ADMINISTRATIVE DRAFT AND DRAFT HOUSING ELEMENT

4.1. Task 3.1: Housing Element Assessment Memorandum

4.1.1. Consultant shall prepare a Housing Element Assessment memorandum that will outline key specific changes to be incorporated into the 6th Cycle Housing Element update. The memorandum shall include the following:

4.1.1.1. A discussion of the effectiveness of the housing program and policies

4.1.1.2. A comparison of projected results from the adopted Housing Element to actual accomplishments

Agreement with MIG./Exhibit A Page 12 of 23
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4.1.1.3. A summary of how these results are important to the Housing Element update

4.1.1.4. A preliminary assessment on the number of housing units at different income levels that may need to be accommodated

4.1.1.5. An evaluation of existing Housing Element in comparison to current State housing law, which includes an assessment of the effectiveness and appropriateness of the current
Housing Element policies and programs and identification of any barriers to implementation

4.1.1.6. Fair housing conditions in the City to understand how current policies do or do not perpetuate conditions
unfavorable to disadvantaged communities and other
populations that are the focus of fair housing laws. This preliminary analysis will be based on information provided to MIG by the Santa Clara County Planning Collaborative.

This memorandum will be the basis for the Housing Element performance chapter required by State law.

4.2. Task 3.2: Housing Element Outline

4.2.1. Consultant shall prepare a detailed outline of the proposed Housing Element. The outline will be the framework to guide preparation of the various components of the Housing Element. Consultant shall focus the body of the Housing Element on housing strategies and programs, with appendices containing the extensive background data and analysis required by State law.

4.3. Task 3.3: Administrative Draft Housing Element
Consultant shall prepare the following sections per the State law, with the ultimate organization to comport with the outline developed in task 3.2.

Consultant shall prepare a complete administrative draft for City staff review.

City staff will compile all of its comments into one document indicating revisions using Word’s track-changes tool.

4.3.1. Needs Analysis. Consultant shall complete a housing assessment and needs analysis to comply with Government Code Section 65583(a) and other applicable State statutes. Consultant shall update the Housing Needs Assessment with population and housing data based on the latest U.S. Census and three- and five-year estimates from the American Community Survey, and other up-to-date City data available related to existing housing units and recent development projects. The Needs Analysis will include, but not be limited to, the following:

Agreement with MIG./Exhibit A Page 13 of 23
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4.3.1.1. Population, demographic, and employment trends with the accompanying analysis of the existing and projected share of regional housing needs for all income levels

4.3.1.2. Housing cost, affordability, housing characteristics, housing stock, and market conditions (including overcrowding and overpayment)

4.3.1.3. Housing stock characteristics, including at-risk units and vacant and underutilized land

4.3.1.4. Potential for increased residential development under existing zoning requirements and General Plan policies

4.3.1.5. Housing needs for special population groups such as large families, seniors, homeless, etc.

4.3.1.6. Number of existing assisted housing units at risk of conversion to market rate housing over the next 10 years

4.3.2. Housing Resources and Opportunities. Consultant shall focus on site suitability for housing to address the RHNA. As the supply of vacant land in the City is limited, future development will involve the redevelopment or reuse of properties zoned for multiple-family use, infill development on vacant parcels, and an emphasis on accessory dwelling units.

4.3.2.1. City staff has initiated work on the sites inventory and determined that the RHNA can be achieved within the
context of existing land use policy and zoning, particularly with the increased densities to be allowed by pending
specific plans. Consultant shall examine if rezoning and/or land use policy changes are required to satisfy the RHNA.

4.3.2.2. Consultant shall reflect all updated State laws, such as AB 1397, which makes numerous changes to how a jurisdiction establishes its housing element sites inventory. Consultant shall provide guidelines for the identification of sites and shall prepare the Sites Inventory GIS map and parcel-
specific listing (table) of individual sites. Consultant shall then provide the required justifications that these sites can facilitate the development of housing given existing site, market, and development conditions. As needed,
Consultant shall coordinate with City staff to contact
property owners and real estate representatives regarding their intentions for particular properties.

Agreement with MIG./Exhibit A Page 14 of 23
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4.3.3. Housing Constraints. Consultant shall identify potential and actual governmental and nongovernmental (e.g. physical or financial) constraints to housing production, including land use controls such as code requirements, permitting fees, and permitting processes; physical/environmental constraints; infrastructure; financial; and market constraints. Consultant shall reflect new laws concerning changes to the housing constraints analysis, such as AB 879.

Consultant shall reflect all updated State laws, such as AB 1397, which makes numerous changes to how a jurisdiction establishes its housing element sites inventory.

4.3.4. Housing Goals, Policies, and Quantified Objectives.

4.3.4.1. Consultant shall prepare a Housing Plan (eight–year implementation plan) with goals, policies, and programs relative to the maintenance, preservation, improvement, and development of housing to cover this new planning
period. Consultant shall also prepare a Review of Past
Performance analysis that builds on the analysis of the previous Housing Element’s policy programs.

4.3.4.2. Contractor shall establish quantified objectives to address housing needs for all income groups, including extremely low-income households. Consultant shall prepare a
Housing Element that responds to State law requirements that ensure housing opportunities are available to all
persons in the City; preserve and improve the existing stock of affordable housing; facilitate development of adequate housing to meet the needs of low- and moderate-income
households, meeting regional share of goals; and mitigate any governmental constraints to housing production,
improvement, and/or maintenance.

4.3.5. Affirmatively Furthering Fair Housing (AFFH).

4.3.5.1. Based on detailed information provided by the Santa Clara County Housing Collaborative (Collaborative), consultant shall prepare a summary of fair housing issues in the
community, assess the City’s fair housing enforcement and outreach capacity, report segregation patterns and
disparities in access to housing opportunities, report factors contributing to undesired conditions, and identify fair housing goals and actions. Consultant shall rely upon maps provided by the Collaborative to identify demographic
conditions (e.g., locations of minority populations and special needs households) and compare that to the sites

Agreement with MIG./Exhibit A Page 15 of 23
Rev. 07-01-18
inventory to determine whether housing policies will relieve or perpetuate past discriminatory practices.

4.3.5.2. The City has indicated that HCD has approved the AFFH approach undertaken by the Collaborative as consistent
with HCD and State law requirements. Consultant shall use the analysis to inform/refine the sites inventory and the appropriate goals and policies to include in the Housing Plan.

4.4. Task 3.4: Draft Housing Element

4.4.1. Consultant shall prepare and submit an administrative draft Housing Element for City staff review. City staff will provide a comprehensive set of desired changes. Once edits are complete, Consultant shall prepare a draft Housing Element to be made available to the public and present to both the Planning Commission and City Council at public hearings. Based on the Commission and Council’s input, Consultant shall prepare a HCD review draft and submit to HCD for the mandated review..

4.4.2. Consultant shall prepare a notice/flyer announcing the release of the Draft Housing Element for public review and produce and an electronic copy of the Draft Housing Element. The City is responsible for making the Draft Housing Element available to the public on the City’s website.

4.5. Task 3.5: HCD Review and Coordination

4.5.1. Consultant shall keep in contact with HCD staff to facilitate review and anticipate/respond to any specific concerns or questions. Consultant shall provide HCD with any requested supplemental data or information on proposed programs, policies, and strategies to meet the RHNA and otherwise comply with State law. Consultant has allocated 122 hours for this subtask which includes submittal of the Housing Element to HCD, conference calls with HCD staff and City staff to discuss comments, preparation of written responses to HCD comments, and revisions to the Housing Element to reflect HCD comments. This allowance provides for at least two rounds of review.

If additional hours are required beyond this allowance, Consultant shall be compensated on a time and materials basis as set forth in Section _ of Exhibit B. Consultant must receive prior authorization from the City.

4.5.2. Deliverables

4.5.2.1. Housing Element Assessment Memorandum

Agreement with MIG./Exhibit A Page 16 of 23
Rev. 07-01-18

4.5.2.2. Housing Element Outline – Draft and Final

4.5.2.3. Administrative Draft Housing Element

4.5.2.4. Draft Housing Element

4.5.2.5. HCD Review Draft Housing Element

5. TASK 4: CEQA (CITY TASK)

6. TASK 5: PUBLIC HEARINGS AND FINAL HOUSING ELEMENT

6.1. Task 5.1: Planning Commission Hearing (One public hearing)

6.1.1. Consultant shall present to the Planning Commission to recommend Housing Element adoption once comments from HCD have been received and addressed.

6.1.2. Consultant shall prepare a PowerPoint presentation for the hearing and present it to the Planning Commission. City staff will prepare all required staff reports and provide hearing notice.

6.2. Task 5.2: City Council Public Hearing (One public hearing)

6.2.1. Following the conclusion of the Planning Commission hearing, Consultant shall present to the City Council to adopt the Housing Element.

6.2.2. Consultant shall prepare a PowerPoint presentation for the hearing and present it to the Council. City staff will prepare all required staff reports and provide hearing notice.

6.3. Task 5.3: Final Housing Element

6.3.1. Following Council adoption of the Housing Element, Consultant make any directed revisions. Consultant shall prepare a memorandum to be transmitted to HCD documenting the hearing process and any final changes made per the City Council and in particular, in response to HCD’s comments on the draft element.

6.3.2. Consultant shall prepare the memo and final Housing Element for City staff to submit to HCD for the 60-day certification period.

6.3.3. If HCD, during its review, requests further revisions, this work and any associated hearing tasks will be billed as additional services.

6.4. Deliverables

6.4.1. Planning Commission Presentation (PowerPoint)

Agreement with MIG./Exhibit A Page 17 of 23
Rev. 07-01-18

6.4.2. City Council Presentation (PowerPoint)

6.4.3. Final Housing Element

6.4.4. HCD Transmittal Memorandum

Agreement with MIG, Inc./Exhibit B Page 18 of 23
Rev. 07-01-18

EXHIBIT B

SCHEDULE OF FEES

1. MAXIMUM COMPENSATION
The maximum compensation the City will pay the Consultant for all professional fees, costs and expenses provided under this Agreement shall not exceed one hundred ninety-nine thousand nine hundred sixty-eight dollars ($199,968) during the term of the Agreement, subject to the annual appropriation of funds.

Any additional professional fees, costs and expenses requested by the City that would exceed the preceding maximum amount will be addressed in an Amendment to the Agreement.

2. FEES
Consultant shall complete the tasks for the amount set forth in the table below.

Cost Element Amount
Task 1: Project Management $26,380
Task 2: Community Engagement $60,290
Task 3: Draft Housing Element $74,555
Task 4: CEQA (City Task) Not applicable
Task 5: Public Hearings and Final Housing Element $10,160 Total (Tasks 1-5) $171,385
Direct Costs Allowance: Travel Printing, and Mailing $2,500 Contingency $26,083
Grand Total $199,968

3. PAYMENT SCHEDULE
The Consultant will bill on a monthly basis for all work performed within that time period.

Travel, Printing, and Mailing shall be billed as expenses are incurred.

4. RATES FOR ADDITIONAL SERVICES
For the personnel specifically assigned to the project, the following hourly rates will only be utilized to the extent the City requests Consultant to perform services outside the defined scope of services, including additional public hearings and effort to address HCD comments.

Classification Hourly Rate
Principal $225 per hour

Agreement with MIG, Inc./Exhibit B Page 19 of 23
Rev. 07-01-18
Project Manager $185 per hour
Senior Associate/Deputy Project Manager $145 per hour
Engagement Specialist $125 per hour
Associate $110 per hour
Administrative Support $95 per hour

The above hourly rates shall be fixed for the term of the agreement.

5. INVOICING
City will pay Consultant within thirty (30) days of City’s receipt of an approved invoice.

Agreement with MIG, Inc./Exhibit C Page 20 of 23
Rev. 07-01-18

EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting the Contractor’s indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect during the period of performance of the Agreement and for twenty-four (24) months following acceptance by the City, at its sole cost and expense, the following insurance policies from insurance companies authorized to do business in the State of California. These policies shall be primary insurance as to the City of Santa Clara so that any other coverage held by the City shall not contribute to any loss under Contractor’s insurance. The minimum coverages, provisions and endorsements are as follows:

A. COMMERCIAL GENERAL LIABILITY INSURANCE

1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury

3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a “pay on behalf” basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.

Agreement with MIG, Inc./Exhibit C Page 21 of 23
Rev. 07-01-18
least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned (if any), non-owned and hired autos.

C. WORKERS’ COMPENSATION

1. Workers’ Compensation Insurance Policy as required by statute and employer’s liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.

2. The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers’ Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).

3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.

D. PROFESSIONAL LIABILITY
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Contractor. Covered services as designated in the policy must specifically include work performed under this agreement. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per claim or two million dollars ($2,000,000) aggregate. Any coverage containing a deductible or self-retention must first be approved in writing by the City Attorney’s Office.

E. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.

1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor’s work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85, or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.

Agreement with MIG, Inc./Exhibit C Page 22 of 23
Rev. 07-01-18
from, any other insurance which the indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor’s insurance.

3. Cancellation.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non- renewal.

4. Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through E of this Exhibit C, above.

F. ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:

1. Contractor agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.

Agreement with MIG, Inc./Exhibit C Page 23 of 23
Rev. 07-01-18
by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

3. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.

G. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City’s approval as to adequacy of the insurance protection.

H. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement.

Upon City’s request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be provided by email to: [email protected].

Or by mail to:

EBIX Inc.

City of Santa Clara – Community Development Department
P.O. Box 100085 – S2
Duluth, GA 30096
Telephone number: 951-766-2280
Fax number: 770-325-0409
I. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-126 Agenda Date: 1/25/2022

REPORT TO COUNCIL

SUBJECT
Action on Agreement with GVP Ventures, Inc. dba Bob Murray & Associates for Executive Recruiting Services for City Attorney Vacancy

RECOMMENDATION

1. Authorize the City Attorney’s Office and Mayor to negotiate and execute an agreement with GVP Ventures, Inc. dba Bob Murray & Associates for executive recruiting services for the City Attorney vacancy for a six- month term starting January 26, 2022 and ending on July 26, 2022, with an option to extend for up to an additional six (6) months with no increase in rates, with maximum compensation not-to-exceed $30,000 for services and $10,000 for costs and fees, subject to appropriation of funds, in a substantially similar form as that attached hereto; and

2. Authorize the Mayor and City Attorney’s Office to negotiate and execute amendments to the Agreement for additional related services that may be required, subject to the appropriation of funds.

City of Santa Clara Printed on 1/20/2022Page 1 of 1
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277638.2

AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
GVP VENTURES, INC. DBA BOB MURRAY & ASSOCIATES

PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and GVP Ventures, Inc. dba Bob Murray & Associates, a California corporation, with its principal place of business located at 1544 Eureka Road, Suite 280, Roseville, CA 95661 (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
A. City desires to secure the services more fully described in this Agreement, at Exhibit A, entitled “Scope of Services;”
B. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City, and;
C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.

The Parties agree as follows:

AGREEMENT TERMS AND CONDITIONS

Exhibit A – Scope of Services
Exhibit B – Schedule of Fees and Estimated Timeline For Completion Exhibit C – Insurance Requirements
This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.

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277638.2

2. TERM OF AGREEMENT
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on January 26, 2022 and terminate on July 26, 2022 with an option for City to extend for up to additional six (6) months with no increase in rates. The option may be exercised by City by sending communication clearly indicating such exercise, to the contact listed in the “Notices” section below, on or before the expiration date stated above.

3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Contractor shall perform those Services specified in Exhibit A within the time stated in Exhibit A. Time is of the essence.

4. GUARANTEE

Should a candidate recommended by Consultant for the position resign or be terminated within the first 12 months of employment, Consultant will provide the City of Santa Clara with professional services to secure a replacement. Services will be provided at no cost, aside from expenses incurred on the City of Santa Clara’s behalf during the new search. All expenses shall be subject to budget appropriations and prior approval in writing by City .

This provision shall survive termination of this Agreement.

5. QUALIFICATIONS OF CONTRACTOR - STANDARD OF CARE
Contractor represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Contractor’s representations regarding its skills and knowledge. Contractor shall perform such Services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.

6. COMPENSATION AND PAYMENT
In consideration for Contractor’s complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled “SCHEDULE OF FEES.” The maximum compensation of this Agreement is Forty-Thousand Dollars and Zero Cents ($40,000), subject to budget appropriations. All work performed or materials provided in excess of the maximum compensation shall be at Contractor’s expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance. All costs including but not limited to those specifically listed in Exhibit B are included in the maximum amount set forth above and may not exceed Ten-Thousand Dollars and Zero Cents ($10,000). In no event shall City be obligated to pay late fees or interest, whether or not such requirements are contained in Contractor’s invoice.

Said fees shall remain in effect for the entire term of the Contract. Contractor shall provide City with his/her/its Federal Tax I.D. number prior to submitting the first invoice.

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Contractor shall submit monthly invoices to City in the form approved by City. Such invoices shall at a minimum itemize the services performed as of the date of the invoice and set forth a progress report, including work accomplished, percent of each task completed, and planned effort for the next period. Invoices shall identify personnel who have worked on the services provided, the number of hours worked and the hourly rate for each person consistent with Exhibit B. Payment shall be made within 30 days of receipt of invoice.

7. TERMINATION
A. Termination for Convenience. City shall have the right to terminate this Agreement, without cause or penalty, by giving not less than Thirty (30) days’ prior written notice to Contractor.

C. Upon termination, each Party shall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Contractor will deliver to City all City information or material that Contractor has in its possession, including but not limited to subscriptions and access to any other service required for continued support. All such documents and materials shall be the property of City without additional compensation to Contractor.

D. In the event of termination not the fault of the Contractor, the Contractor shall be paid for services performed to the date of termination in accordance with the terms of this Contract so long as proof of required insurance is provided for the periods covered in the Contract or Amendment(s). Contractor shall submit to City an itemized statement of services performed as of the date of termination.

These services may include both completed work and work in progress at the time of termination. City shall pay Contractor for any services for which compensation is owned; provided, however, City shall not in any manner be liable for lost profits that might have been made by Contractor had the Agreement not been terminated or had Contractor completed the services required by the Agreement.

E. City shall have the right to temporarily suspend Contractor’s performance in whole or in part, by giving a written notice of suspension to Contractor. If City gives such notice of suspension, Contractor shall immediately suspend its activities under this Agreement, as specified in such notice.

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277638.2
approval of City. Contractor shall not hire subcontractors without express written permission from City.

9. NO THIRD-PARTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.

10. INDEPENDENT CONTRACTOR
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Contractor has full rights to manage its employees in their performance of Services under this Agreement. Contractor shall be solely responsible to pay all required taxes, including but not limited to, sales, possessory interest, withholding social security, and workers’ compensation.

12. WORK PRODUCT/ PRE-EXISTING WORK PRODUCT OF CONSULTANT Any and all work product resulting from this Contract, including but not limited to data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement and all work covered by the Visual Arts Rights Policy of 1990 as it may be amended from time to time Is commissioned by the City as a work for hire. The City shall be considered, for all purposes, the author of the work product and shall have all rights of authorship to the work, including, but not limited to, the exclusive right to use, publish, reproduce, copy and make derivative use of, the work product or otherwise grant others limited rights to use the work product. The Contractor retains the right to use any of the work product resulting from this Contract for internal marketing purposes. The Contractor waives the right to challenge the validity of the Client’s ownership of the art subject to this agreement because of any change or evolution of the law.

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To the extent Contractor incorporates into the work product any pre-existing work product owned by the Contractor, Contractor hereby acknowledges and agrees that ownership of such work product shall be transferred to the City.

Contractor shall fully defend, indemnify and hold harmless City, its officers, agents employees and each and every one of them, from and against any and all claims, actions, lawsuits or other proceedings alleging that all or part of the information prepared, produced, or provided by Contractor pursuant to this Agreement infringes upon any third party’s trademark, trade name, copyright, patent or other intellectual property rights.

This obligation shall survive any termination of this Agreement.

14. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Contractor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney’s fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner arising from, or alleged to arise in whole or in part from, or in any way connected with the Services performed by Contractor pursuant to this Agreement – including claims of any kind by Contractor’s employees or persons contracting with Contractor to perform any portion of the Scope of Services – and shall expressly include passive or active negligence by City connected with the Services. However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.

B. Contractor’s obligation to protect, defend, indemnify, and hold harmless in full City and City’s employees, shall specifically extend to any and all employment-

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277638.2
related claims of any type brought by employees, contractors, subcontractors or other agents of Contractor, against City (either alone, or jointly with Contractor), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.

C. To the extent Contractor is obligated to provide health insurance coverage to its employees pursuant to the Affordable Care Act (“Act”) and/or any other similar federal or state law, Contractor warrants that it is meeting its obligations under the Act and will fully indemnify and hold harmless City for any penalties, fines, adverse rulings, or tax payments associated with Contractor’s responsibilities under the Act.

16. WAIVER
Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City’s review, acceptance nor payments for any of the Services required under this Agreement shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.

17. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:

City of Santa Clara
Attention: Mayor Lisa Gillmor
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected]

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277638.2
And to Contractor addressed as follows:

Valerie Gaeta Phillips
Bob Murray & Associates
1544 Eureka Road, Suite #280, Roseville CA 95661
and by e-mail at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given. An e- mail transmitted after 1:00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.

Service may also be made by mail, by placing first-class postage, and addressed as indicated below, and depositing in the United States mail and shall be deemed received upon the earlier of actual receipt or three business days after proper posting.

18. COMPLIANCE WITH LAWS
Contractor shall comply with all applicable laws, rules, orders and regulations of the federal, state and local government, including but not limited to “The Code of the City of Santa Clara, California” (“SCCC”). In particular, Contractor’s attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter

9.60), as such Chapters or Sections may be amended from time to time or renumbered.

Additionally Contractor has read and agrees to comply with City’s Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299).

In performing services under the Agreement during a declared statewide or local emergency, Contractor shall comply with all recommendations issued by federal, state and/or local health officials to protect the health and safety of Contractor’s employees and agents, the City’s employees and agents, volunteers and the general public.

The Contractor shall obtain and maintain the appropriate licenses throughout the life of this Contract. Contractor shall also maintain any and all permits which might be required by the work to be performed herein.

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277638.2
it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.

21. NO USE OF CITY NAME OR EMBLEM
Contractor shall not use City’s name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.

24. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement prior to provision of any additional service including but not limited to services identified in Exhibit A or B as optional services.

25. ASSIGNMENT OF PERSONNEL
The Contractor shall not substitute any personnel for those specifically named in its proposal unless personnel with substantially equal or better qualifications and experience are provided, acceptable to the City, as is evidenced in writing.

26. COUNTERPARTS/ ELECTRONIC TRANSMISSION OF CONTRACT AND

SIGNATURE
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.

The Parties agree that this Agreement and any Amendment may be transmitted and signed by electronic mail by all Parties, and that such signatures shall have the same force

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277638.2
and effect as original signatures, in accordance with California Government Code section

16.5 and Civil Code section 1633.7.

27. RELEASE
Contractor and its officers, employees and agents hereby waive and release, without limitation, City and its predecessors, successors, subsidiaries, related entities, and current and former officers, dir ectors, trustees, agents, attorneys, employees, volunteers and assigns from any and all liabilities, claims, demands, damages, acts or omissions, obligations and causes of action of every nature, kind and description, in law, equity, or otherwise, arising from or related to any injury or illness sustained due to exposure to COVID-19.

The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated:

Office of the City Attorney
City of Santa Clara

LISA GILLMOR, Mayor
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Facsimile: (408) 241-6771
“CITY”

GVP VENTURES, INC. dba BOB MURRAY & ASSOCIATES
a California Corporation
Dated: January __, 2022
By (Signature):

Name: Valerie Gaeta Phillips
Title: President, Secretary
Principal Place of
Business Address: 1544 Eureka Road, Suite #280, Roseville CA 95661

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277638.2
Email Address: [email protected]
Telephone: (916 ) 784-9080
Fax: (916 )784-1985
“CONTRACTOR”

Bob Murray & Associates Proposal for the City of Santa Clara Page 2 277638.2

EXHIBIT A

SCOPE OF SERVICES
The Services to be performed for the City by the Contractor under this Agreement are set forth below.

THE RECRUITMENT PROCESS

Bob Murray & Associates’ recruiters are specialists in finding the perfect fit, prov iding security and fairness to candidates and clients while ensuring the integrity of the search process. We understand that superlative recruiting for the City Attorney will lead to superlative results for the City of Santa Clara. Outlined below are the s teps in our proven recruitment process, refined through our 30+ years of experience in executive search.

STEP 1 DEVELOP THE CANDIDATE PROFILE

Our understanding of the City of Santa Clara ’s needs will be key to a successful search. Valerie Gaeta Phillips will meet with the Mayor and City Council and key stakeholders to learn as much as possible about the ideal candidate for the City Attorney position. We want to become familiar with the values and culture of the organization, as wel l as to understand the curren t and future issues, challenges, and opportunities in the City of Santa Clara.

Ms. Gaeta Phillips will review and help define the City’s wish-list regarding the ideal candidate’s personality, management style, knowledge, ski lls, and abilities and will work with the City to identify expectations regarding education and experience. The Mayor and City Council and Ms.

Gaeta Phillips will discuss compensation, benefits, and other key information necessary to ensure that outstanding candidates are attracted to this opportunity. The profile we develop together at this stage will drive subsequent recruitment efforts.

Optional Service: Community and Staff Involvement

We find that many of our clients value a recruitment process th at opens the opportunity for community members, business leaders, organization representatives, and employees to provide input regarding the ideal candidate. Our recruiters are skilled in designing and facilitating forums, town hall meetings, and online su rveys that allow equitable involvement from a variety of constituencies and in consolidating feedback into a cohesive narrative of common themes.

If the City of Santa Clara so desires, we will work with the Mayor and City Council to create a customized community and/or staff input process.

STEP 2 DESIGN/DISTRIBUTE BROCHURE AND ADVERTISEMENTS

Ms. Gaeta Phillips and your dedicated Recruitment Coordinator will use the candidate profile developed with the City of Santa Clara to create a professional recruitment brochure , with the assistance of our professional graphic designer. The four -page, full-color brochure will describe the community, organization, position, ideal candidate, and compensation and will include pictures

Bob Murray & Associates Proposal for the City of Santa Clara Page 3 277638.2
provided by the City of Santa Clara that you feel best represent your organization and your community.

Upon your approval, Ms. Gaeta Phillips will send the brochure by postal mail and email to a targeted audience, personally inviting potential candidates to apply for the City Attorney position.

We will also place the recruitment brochure on our website, which attracts over 11,000 unique hits weekly and is a trusted resource for candidates seeking executive and professional positions. Two sample brochures are included in this proposal package for your reference.

Ms. Gaeta Phillips will also design an effective advertising campaign appropriate for the City Attorney recruitment. Our broadest outreach comes through our active social media involvement on Facebook, LinkedIn, and Twitter, where upcoming and current positions are posted. Sources such as Western City Magazine, the “Jobs Available” newsletter, and the Careers in Government website will be used to reach an extensive local government audience, while position -specific postings will be chosen to attract candidates who have built their careers in and are committed to the City Attorney field.

Suggested City Attorney-specific advertising sources for the City of Santa Clara’s search include:

National Lawyers Association
California Association of Black Lawyers
Local Government Hispanic Network
Attorney Jobs In USA
American Bar Association
LGBT Bar

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Bob Murray & Associates does not typically place ads with job aggregators or general job posting sites such as CareerBuilder, Monster, or Indeed, as we have found that the broad reach of these sites does not necessarily lead to quality candidates for executive and professional positions.

Reaching Diverse Candidates

Bob Murray & Associates, a woman - and minority-owned business, is proud of its commitment to attracting and placing diverse candidates. Not only do we place advertisements with websites designed to attract minority and female candidates, but our President, Valerie Phillips, is a member herself of many diversity-focused organizations including the Local Government Hispanic Network, the League of Women in Government, the Professional Women’s Network, Mexican Professionals, and Women Leading Government. She networks frequently with fellow members to gain insight into which potential candidates are leaders in their field.

Ms. Gaeta Phillips will seek to reach candidates in communities and organizations with demographic profiles and populations served like that of the City of Santa Clara, to maximize the potential for individuals from a wide variety of backgrounds, cultures, physical abilities, life experiences, and gender to be considered for the City Attorney position.

STEP 3 RECRUIT CANDIDATES

The strongest candidates are often those who are successful and content in their current positions and need to be sold on a new opportunity. Our extensiv e network of contacts, developed through over 1,400 successful placements, is a primary source for identifying and obtaining referrals for these candidates. Our in-house database of 40,000 current and former executive and professional candidates is a valuable resource that can only be built over time—time that we have invested into perfecting our process for finding the right candidates for our clients. Our aggressive outreach efforts are focused on phone calls to personally invite potential applicants, ans wer questions, and allay any reservations, and these efforts are essential to the success of the City Attorney recruitment.

STEP 4 SCREEN CANDIDATES

Following the clos ing date for the recruitment, Ms. Gaeta Phillips will screen all resumes we have received, using the criteria established in the candidate profile as a basis upon which to narrow the field of candidates. Internal candidates receive sensitive consideration, and Ms. Gaeta Phillips will discuss with the Mayor and City Council how the City of Santa Clara wishes to proceed with these candidates.

STEP 5 CONDUCT PRELIMINARY INTERVIEWS

Ms. Gaeta Phillips will personally interview the top 10 to 15 candidates from the resume screening, with the goal of determining which candidates have the greatest potential to succeed in your organization. To reduce travel -related expenses to our clients and increase efficiency in the search process, these interviews are typically conducted via Skype, FaceTime, or other convenient videoconferencing applications.

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During these in-depth interviews, Ms. Gaeta Phillips will explore each candidate’s background and experience as it relates to the City Attorney position, such as significant accomplishments, s ize and scope of responsibility, and organizational culture . In addition, Ms. Gaeta Phillips will discuss with the candidates their motivation for applying for the position and assess his/her knowledge, skills, and abilities. We will devote specific attention to establishing the likelihood of the candidate’s acceptance of the position if an offer of employment is made.

STEP 6 SEARCH PUBLIC RECORDS

Under the direction of Ms. Gaeta Phillips, your dedicated Recruitment Coordinator will conduct a review of published print and online articles for each recommended candidate. Sources include Lexis- Nexis™, Google, social media, and our contacts in the field. This will alert Ms. Gaeta Phillips to any further detailed inquiries we may need to make before our recommendations are finalized.

STEP 7 MAKE RECOMMENDATIONS

Based on our findings during the preliminary interview process, Ms. Gaeta Phillips will recommend a limited number of candidates for your further consideration. She will make specific recommendations and will help facilitate discussions regarding the candidate pool, but the final determination of those to be considered will be up to you.

We typically recommend 6-8 candidates that we feel will best match your expectations, and we prepare a detailed written report on each candidate. This bound report provided to each member of the decision-making body includes:

Candidate list with Recommended Finalists identified in Group 1 and Group 2 (primary and secondary recommendations), as well as Internal candidates Summary of experience, education, and salary information for each Recommended Finalist candidate
Complete cover letter and resume for each Recommended Finalist candidate List of Other Applicants (those who did not meet minimum qualifications or wer e otherwise unsuitable, based on our screening process)

Bob Murray & Associates maintains all search records for a period of seven (7) years following each recruitment, and we are happy to forward cover letters and resumes for each applicant by postal mail or email as soon as the recruitment closes to new applications.

STEP 8 FACILITATE FINAL INTERVIEWS

Our years of experience will be invaluable as we help you develop an interview process that objectively assesses the qualifications of each candidate. We will work with the City of Santa Clara to craft and implement an interview approach that fits your needs. This may include individual and panel interviews by the Mayor and City Council and key stakeholders, community/employee interview panels, writing and presentation samples, meet-and-greets, or another specialized process element Ms.

Gaeta Phillips helps the City of Santa Clara to design.

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Ms. Gaeta Phillips will be present on -site during the interviews to facilitate as necessary during the process and to guide discussion to consensus regarding final candidates. Bound interview books will be provided to each interview panel member containing:

Recruitment brochure with candidate profile
Interview schedule
Suggested interview questions
Experience summary, cover letter, resume, and rating form for each candidate Ranking forms for use during the panel interview process

We will work closely with your staff to coordinate and schedule interviews and candidate travel. Our goal is to ensure that each candidate has a very positive experience, as the way the entire process is conducted will influence the final candidates’ perception of your organization.

STEP 9 CONDUCT BACKGROUND AND REFERENCE CHECKS

Ms. Gaeta Phillips and your Recruitment Coordinator will conduct detailed reference checks for up to three (3) final candidates. To gain an accurate and honest appraisal of the candidates’ strengths and weaknesses, we will talk candidly with people who have direct knowledge of their work and management style. In addition to gaining a 360 -degree view of candidates from the perspective of their supervisors, subordinates and peers for the past several years, we will make a point of speaking confidentially to individuals who may have further insight into a candidate’s abilities but who may not be on their preferred list of contacts.

Your Recruitment Coordinator will work with candidates and our professional backgrounding firm, HireRight, to conduct credit, civil litigation, and motor vehicle record checks and verify candidates’ degrees.

STEP 10 ASSIST IN NEGOTIATIONS

We recognize the critical importance of successful negotiations and can serve as your representative during this process. Ms. Gaeta Phillips knows what other organizations have done to put deals together with great candidates and what the current market is like for City Attorney positions in organizations like the City of Santa Clara’s. She will be available to advise you regarding current approaches to difficult issues , such as housing and relocation. We will represent your interests and advise the chosen candidate and you regarding salary, benefits, and employment agreements, with the goal of putting together a deal that results in the appointment of your chosen candidate. With our proven experience and vested interest in a positive outcome, we can turn a very difficult aspect of the recruitment into one that is straightforward and agreeable for all parties involved.

COMPLETE ADMINISTRATIVE ASSISTANCE

We receive many unsolicited testimonials eac h year from clients and candidates alike noting our prompt, considerate, accurate, and professional service during the search process. Throughout the recruitment, in time intervals that suit the City of Santa Clara, we will provide you with updates on the status of the search and attend to all administrative details on your behalf.

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Candidates receive immediate acknowledgement of their applications, as well as personal phone calls and/or emails (as appropriate) advising them of their status at each crit ical point in the recruitment.

Candidates who receive preliminary or final interviews and are not chosen to move forward in the interview process will receive personal calls from Ms. Gaeta Phillips on behalf of the City of Santa Clara.

It is our internal company standard that all inquiries from clients and candidates receive a response within the same business day whenever possible, and certainly within 24 hours if the inquiry is received during the work week. Ms. Gaeta Phillips will be available to the City of Santa Clara by office phone, cell phone, and email at any time to ensure a smooth and stress-free recruitment process.

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EXHIBIT B

SCHEDULE OF FEES AND ESTIMATED TIMELINE FOR COMPLETION
Contractor will bill City on a monthly basis for Services provided by Contractor during the preceding month on an invoice and in a format approved by City and subject to verification and approval by City. City will pay Contractor within thirty (30) days of City’s receipt of an approved invoice.

COSTS AND GUARANTEE

PROFESSIONAL FEE AND EXPENSES

The fixed, flat professional services fee for conducting the City Attorney recruitment on behalf of the City of Santa Clara is $30,000. Services provided for in this fee consist of all steps outlined in this proposal, including three (3) days of meetings on site. The professional fee does not limit the amount of time invested by Bob Murray & Associates in promoting a successful outcome for this project. In fact, our mission for this project is to ensure we assist in identifying the right candidate for the City of Santa Clara. Therefore, Ms. Gaeta Phillips will contact the City at the first anniversary of the placement to confirm an effective transition has occurred.

The City of Santa Clara will also be responsible for reimbursing expenses Bob Murray & Associates incurs on your behalf. We estimate expenses for this project not to exceed $ 10,000. Reimbursable expenses include (but are not limited to) such items as the cost of recruiter travel; clerical support; brochure development; placement of ads; credit and civil background checks; education verification; and public records searches. Postage, printing, photocopying, and telephone charges are allocated costs and included in the expense estimate. In no instance will e xpenses exceed this estimate without prior approval from the City of Santa Clara.

Expense reimbursement for candidate travel related to on-site interviews will be the responsibility of the City of Santa Clara.

Optional Services

Community/Staff Input Forum: $1,500/day, plus travel expenses Professional Fees and Reimbursable Expenses
Professional Services (Fixed Flat Fee) $30,000
Reimbursable Expenses
Example costs and approximate amounts include:

Brochure Design and Printing ($1,375)
Advertising ($6,000)
Background Checks – 3 candidates ($550)
Consultant Travel ($1,500)
Other expenses – supplies, shipping, clerical ($575)
$10,000
Not-to-Exceed Total $40,000

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Online survey with analysis of results: $250
Additional on-site meeting days: $1,500/day, plus travel expenses Additional background checks: $250/candidate
Additional reference checks: $500/candidate
Other services: $250/hour or $1,500/day

RECRUITMENT SCHEDULE

We are prepared to start work on this assignment upon receipt of a signed professional services agreement or other written, authorized notification. A full search can be completed in 13 -16 weeks from the date of initial meetings with our client.

The final recruitment schedule will be determined in collaboration with City of Santa Clara. A typical timeline of tasks and events is included here for reference.

..,.
..,.
..,.
..,.

Month 1
Week 1
Candidate
Profile
Develop & Print
Brochure
\Veek4
Place Ads
\Veek4
Begin Recruiting
Month 2
Week5
Distri bute
Brochure
\Veeks 6-8
Continue
Recruiting
Month 3
\Veek 9
Screen
Candidates
\Veek 10
Preliminary
Interviews
\Veek 11
Search Public
Records
\Veek 12
Recommend
Finalists
Month 4
Week 13
Finalist
Interviews
\Veeks 13-14
Backgrounds &
References
\Veek 15
egotiations
Week 16
Candidate
Appointment

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Agreement with GVP Ventures dba Bob Murray & Associates Page 1 Exhibit C-Insurance Requirements
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EXHIBIT C

A. COMMERCIAL GENERAL LIABILITY INSURANCE

1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury

3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a “pay on behalf” basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and
c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.

B. WORKERS’ COMPENSATION

1. Workers’ Compensation Insurance Policy as required by statute and employer’s liability with limits of at least one million dollars ($1,000,000) policy limit Bodily

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Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.

2. The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers’ Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).

3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.

C. PROFESSIONAL LIABILITY
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Contractor. Covered services as designated in the policy must specifically include work performed under this agreement. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per claim or two million dollars ($2,000,000) aggregate. Any coverage containing a deductible or self-retention must first be approved in writing by the City Attorney’s Office or outside counsel.

D. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.

1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor’s work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85, or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.

2. Primary and non-contributing. Each insurance policy provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor’s insurance.

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modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non- renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non-renewal.

E. ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:

Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.

2. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

3. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.

F. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and

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maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City’s approval as to adequacy of the insurance protection.

Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be mailed to:

EBIX Inc.

City of Santa Clara, Office of the Mayor
P.O. Box 100085 – S2 or 1 Ebix Way
Duluth, GA 30096 John’s Creek, GA 30097

Telephone number: 951-766-2280
Fax number: 770-325-0409
Email address: [email protected]
H. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1598 Agenda Date: 1/25/2022

REPORT TO COUNCIL

SUBJECT
Action on a Resolution Approving Purchase and Sale Agreement for an Electric Utility Easement for the San Tomas Junction Substation Project

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
On April 7, 2020 Council approved a Substation Service Agreement with MECP1 Santa Clara 1, LLC to allow the City of Santa Clara’s Electric Utility, Silicon Valley Power (SVP), to design, procure equipment, and construct 60kV facilities to serve San Tomas Junction Substation.

A portion of the proposed 60 kV facilities is an approximately 0.2 mile long, new double circuit 60 kilovolt (kV) overhead transmission line heading east of the San Tomas Aquino Creek along U.S.

Highway 101 to serve the proposed San Tomas Junction Substation.

The majority of the new 60 kV transmission line would be constructed adjacent to U.S. Highway 101 in an area where existing power lines do not currently exist. The new transmission line will start at an existing transmission line at the San Tomas Aquino Creek and end at 2201 Laurelwood Rd. The Project requires the acquisition of one (1) easement to facilitate construction. As part of the Substation Agreement with MECP1, the developer will reimburse the City for the costs associated with acquiring the easement.

DISCUSSION
The City has negotiated the proposed purchase of the easement from the following property owner of certain parcels necessary for the Project, upon the terms set forth below.

Address Grantors APN Purchase
Price
3600 Juliette Lane Intel Corporation 104-39-021 & 104-39-018 $846,000

ENVIRONMENTAL REVIEW
The California Energy Commission prepared a Mitigated Negative Declaration (MND) [CEQA2020- 01072] for the project that was approved by the Architectural Committee on April 15, 2020 [PLN2019- 13742].

FISCAL IMPACT
City of Santa Clara Printed on 1/20/2022Page 1 of 2
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22-1598 Agenda Date: 1/25/2022
The total cost of the easement purchase is $846,000. Funds for the purchase of the electric utility easement are available in the adopted Capital Improvement Program in Project No. 2442 San Tomas Junction. As part of the Substation Agreement with MECP1, the developer will reimburse the City for the costs associated with acquiring the easement.

COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.

RECOMMENDATION

1. Adopt the Resolution approving the Purchase and Sale Agreement for an overhead electric easement at 3600 Juliette Lane [104-39-021 & 104-39-018] for the San Tomas Junction Substation Project; and

2. Authorize the recordation thereof.

Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Deanna J. Santana, City Manager

ATTACHMENTS

1. Resolution

2. Agreement for Purchase and Sale - 3600 Juliette Lane [104-39-021 & 104-39-018] City of Santa Clara Printed on 1/20/2022Page 2 of 2
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Resolution/Approving a Purchase of an Overhead Electric Easement Page 1 of 2 Rev: 11/22/17
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA,

APPROVING A PURCHASE OF AN OVERHEAD ELECTRIC

EASEMENT

BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, the City of Santa Clara, a chartered city and municipal corporation, acting by and through its municipally owned utility, Silicon Valley Power ("City" or "SVP"), is engaged in a continuing effort to upgrade and enhance its overhead and underground distribution and transmission systems to meet new customer demand and to maintain the reliability of SVP's systems. The 60 kV facilities San Tomas Junction Substation Project ("Project") is one of the projects for this effort;
WHEREAS, a portion of the proposed Project is an approximately 0.2 mile long, new double circuit 60 kilovolt (kV) overhead transmission line heading east of the San Tomas Aquino Creek along Highway 101, with the primary objective to provide 60 kV service to the proposed San Tomas Junction Substation;
WHEREAS, the Project was analyzed in accordance with the requirements of the California Environmental Quality Act (CEQA). A Mitigated Negative Declaration (MND) was prepared for the Project by the California Energy Commission [File No. PLN2019-13742, CEQA2020-01072], and adopted by the Architectural Committee on April 15, 2020; and WHEREAS, City Council provided authority to negotiate Easements with owners of the parcel required to construct the Project and the City has reached an agreement with the property owner to purchase the easement necessary for the Project, upon the terms set forth below.

NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. That the purchase of the easement from the following property owner for the negotiated purchase price is approved.

Resolution/Approving a Purchase of an Overhead Electric Easement Page 2 of 2 Rev: 11/22/17
Address Grantor APN Purchase Price
3600 Juliette Lane Intel Corporation 104-39-021 &
104-39-018
$846,000.00

2. That the City Manager, or duly authorized designee, is hereby authorized and directed to execute the Agreement for Purchase and Sale with the forgoing Grantor, which is attached to the Report to Council accompanying this Resolution and presented to the City Council on January 25, 2022, as incorporated by this reference.

3. Effective date. This resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ___ DAY OF _________, 2022, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Attachments incorporated by reference:

1. Report to Council #22-1598

2. Agreement for Purchase and Sale - 3600 Juliette Lane [104-39-021 & 104-39-018] 4837-9612-6925.4

SCLA-56598\2322245.1 1

AGREEMENT FOR PURCHASE AND SALE
(UTILITY EASEMENT)
THIS AGREEMENT FOR PURCHASE AND SALE (“Agreement”) is made and entered into as of _____________________, 20__ (the “Effective Date”) by and between CITY OF SANTA CLARA (“Grantee” or “City”) and INTEL CORPORATION, a Delaware corporation (“Grantor”) with regard to the purchase and sale of certain property interests, upon the terms and conditions set forth herein.

RECITALS
WHEREAS, The City of Santa Clara’s Electric Utility, Silicon Valley Power (“SVP”), plans to construct approximately 0.2 miles of new circuit 60 kilovolt (kV) overhead electric transmission lines along the Bayshore Freeway in the City of Santa Clara as part of its San Tomas Junction Project (“Project”). SVP’s primary objective of the Project is to increase system capacity and reliability.

WHEREAS, the Project will involve the placement of multiple new monopole steel structures and result in either the expansion of existing electric overhead and wire clearance easements or the acquisition of new easements.

WHEREAS, Grantee wishes to acquire from Grantor for the Project, and Grantor wishes to sell to Grantee, certain property rights as more particularly described and depicted in the Easement by Grant of Overhead Electric Easement and Agreement (the “Easement”) attached hereto as Exhibit 1, upon the terms and conditions set forth herein.

WHEREAS, Grantor and Grantee recognize that the purchase and sale of the Easement is subject to approval of the Santa Clara City Council and that this Agreement shall have no force or effect unless and until said City Council approval has been obtained, which approval shall be obtained before execution of the Agreement by Grantee.

NOW THEREFORE, in consideration of the mutual covenants and promises of the parties, the parties hereto agree as follows:

ARTICLE 1

PURCHASE

1.1. The Easement. Grantor is the fee ow ner of certain real property commonly known as 3600 Juliette Lane (APN: 104-39-021 & 104-39-018) located in the City of Santa Clara, California the (“Larger Parcel”) over which the Easement will cross.

1.2. Sale and Purchase. Grantor shall sell to Grantee and Grantee shall purchase from Grantor, upon all of the terms and conditions set forth in this Agreement, the Easement.

ARTICLE 2

PURCHASE PRICE

2.1. Purchase Price . The purchase price (“Purchase Price”) for the Easement shall be EIGHT HUNDRED FORTY SIX THOUSAND and no/100 Dollars ($846,000.00). ,7190436Ā-6:25782Ā/,)Ā* #-!',.Ȁ+ *#Ȁ#.(.Ȁ(%%&Ȁ'&!+*+&.$$"' 4837-9612-6925.4

SCLA-56598\2322245.1 2

The parties to this Agreement agree and compromise that the Purchase Price together with all other consideration set forth in this Agreement amounts and equates to the full and just compensation to Grantor, and Grantor’s successors and assigns, for Grantee’s acquisition of the Easement and damages to the remainder resulting from the acquisition of the Easement as well as the construction and use of the Project.

2.2. Payment of Purchase Price. The Purchase Price shall be payable in accordance with Section 4.3 of this Agreement (below).

ARTICLE 3

CONDITIONS TO PURCHASE AND SALE

3.1. Conditions Precedent to Purchase and Sale. The obligation of Grantee to purchase and Grantor to sell the Easement is expressly conditioned upon the satisfaction, prior to closing, of each of the conditions set forth in this Section 3.1 (the “Conditions Precedent”).

3.1.1 Title. Grantee has obtained a prel iminary title report from First American Title Company dated August 10, 2021 (the “Title Report”), a copy of which is attached as Exhibit 2. Grantee acknowledges and agrees that the Title Report (including all exceptions) is approved by Grantee (the “Approved Title Matters”).

3.1.2 Execution of Grant of Overhead Electric Easement and Agreement.

Grantor shall be ready, willing and able to grant the Easement to Grantee by executing in a recordable form the Easement subject only to the Approved Title Matters and other matters specified on the Easement Agreement.

3.2.1 Title Insurance. The Title Compan y shall be prepared to issue Easement Policy of Title Insurance in the amount of the Purchase Price insuring the grant of the Easement for the benefit of Grantee subject only to the Approved Title Matters (the “Title Policy”).

3.2.2 No Breach . There shall be no material breach of any of Grantor’s representations, warranties, or covenants set forth in Article 5.

3.3. Grantee ’s Remedies.

3.3.1 Conditions Precedent. If any of the foregoing Conditions Precedent which inure to the benefit of Grantee are not satisfied, Grantee shall have the right either to waive the condition in question and proceed with the purchase of the Easement pursuant to all of the other terms of this Agreement, or, in the alternative, to terminate this Agreement, and thereafter neither party shall have any further rights, obligations or liabilities hereunder except to the extent that any right, obligation or liability set forth herein expressly survives termination of this Agreement.

3.3.2 Default. If Grantor fails to perform any of its obligations or is otherwise in default under this Agreement, Grantee shall have the right to give notice to Grantor specifically setting forth the nature of said failure and stating that Grantor shall have a period of ten (10) calendar days to cure such failure. If Grantor has not cured such failure within such period (or, if such failure is not capable of being cured within ten (10) calendar days, Grantor either has not commenced in good faith the curing of such failure within such period or does not diligently ,7190436Ā-6:25782Ā/,)Ā* #-!',.Ȁ+ *#Ȁ#.(.Ȁ(%%&Ȁ'&!+*+&.$$"' 4837-9612-6925.4

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thereafter complete such cure prior to the Closing Date, as may be extended under the terms of this Agreement), Grantee’s sole and exclusive remedy shall be one of the following:
(a) Waiver. Waive such failure and proceed to the Closing pursuant to all of the other terms of this Agreement; or
(b) Terminate. Grantee may terminate this Agreement by notice to Grantor to that effect. Nothing herein shall be deemed a waiver by Grantor of its right or ability to exercise its power of eminent domain to acquire the Easement after a termination of this Agreement.

3.4. Grantor ’s Remedies.

3.4.1 Conditions Precedent. If any of the foregoing Conditions Precedent which inure to the benefit of Grantor are not satisfied, Grantor shall have the right to either waive the condition in question and proceed with the sale of the Easement pursuant to all of the other terms of this Agreement, or, in the alternative, to terminate this Agreement, and thereafter neither party shall have any further rights, obligations or liabilities hereunder except to the extent that any right, obligation or liability set forth herein expressly survives termination of this Agreement.

ARTICLE 4

CLOSING

4.1. Delivery of Easement. Within ___ da ys following the date this Agreement is executed by all parties, Grantor shall deliver to Grantee all of the following:
(a) The Easement, fully executed and notarized, in a form suitable for recordation;
(b) If requested by Grantee, a FIRPTA Affidavit stating Grantor ’s U.S. taxpayer identification number and that the Grantor is a “United States person” as defined by Internal Revenue Code sections 1445(f)(3) and 7701(b); and (c) Such other documents and instruments as may be required by other provisions of this Agreement to carry out the terms and intent of this Agreement.

4.2. Recordation of Easement and Issuance of Title Policy. Upon receipt of the fully executed and notarized Easement, Grantee will promptly do the following:
(a) Record the Easement with Official Records of Santa Clara County at the Santa Clara County Recorder’s Office; and
(b) Once the Easement has been re corded, order a Title Policy from the Title Company.

4.3. Payment. Conditioned upon recordat ion of the Easement in the Santa Clara County Recorder’s Office and Title Company’s issuance of the Title Policy, Grantee will within ___ days following Grantee’s receipt of the Title Policy Pay Grantor by issuing a check in the amount of the Purchase Price made out to “Intel Corporation” and mailing it to Intel Corporation, 4500 S. Dobson Rd., Chandler, AZ 85248 Attention: Casaundra L. Elwood. ,7190436Ā-6:25782Ā/,)Ā* #-!',.Ȁ+ *#Ȁ#.(.Ȁ(%%&Ȁ'&!+*+&.$$"' -
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4.4. Costs. Grantee shall pay recording co sts, if any, the title insurance premium, and any documentary transfer taxes.

ARTICLE 5

REPRESENTATIONS AND WARRANTIES

5.1. Grantor ’s Representations and Warranties. Grantor represents and warrants to Grantee that the following matters are true and correct in all material respects as of the execution of this Agreement and will also be true and correct in all material respects as of the Closing:

5.1.1 Organization Authority. Intel Corporation is a Delaware corporation, duly organized, validly existing and in good standing under the laws of the State of Delaware and has the full power and authority to execute and deliver this Agreement and all documents now or hereinafter to be executed and delivered by it pursuant to this Agreement and to perform all obligations arising under this Agreement and such performance does not conflict with any obligations of the Grantor. The individuals executing this Agreement and the instruments referred to herein on behalf of Grantor, have the legal power, rights and actual authority to bind Grantor to the terms and conditions hereof and thereof;

5.1.2 No Violation of Agreement; Litigati on. Neither the execution, delivery or performance of this Agreement by Grantor will result in the breach of any terms, conditions or provisions of, or conflict with or constitute a default under the terms of any indenture, deed to secure debt, mortgage, deed of trust, note, evidence of indebtedness or any other agreement or instrument by which Grantor or the Easement is bound. Grantor has no knowledge of any pending or threatened litigation, actions, applications, orders, protests, proceedings, or complaints against or affecting title to the Easement or Grantor’s interest therein;

5.1.3 Compliance with Laws. Grantor ha s received no written notice alleging violations of any federal, state or municipal laws or ordinances with regard to any portion of the Easement;

5.1.4 Existing Lease. There are no contra cts or agreements with respect to the occupancy of the Easement which will be binding upon Grantee after Closing; and

5.1.5 Grantor Not a Foreign Person. Grantor is not a foreign person within the meaning of Section 1445 of the Internal Revenue Code of 1986, as amended.

5.2. As-Is. Except as expressly set forth in this Agreement, Grantee agrees to take the Easement "AS-IS, WHERE IS, AND WITH ALL FAULTS" without any representation or warranty of any kind or nature whatsoever, express or implied, and in the condition existing as of the date of this Agreement, subject to reasonable use, ordinary wear and tear, and without any reduction in or abatement of the Purchase Price.

ARTICLE 6

GENERAL PROVISIONS

6.1. Approval of City Council. Grantor and Grantee recognize that as of the execution of this Agreement by Grantor, this Agreement is subject to approval of the City Council of the City of Santa Clara and that this Agreement shall have no force or effect ,7190436Ā-6:25782Ā/,)Ā* #-!',.Ȁ+ *#Ȁ#.(.Ȁ(%%&Ȁ'&!+*+&.$$"' 4837-9612-6925.4

SCLA-56598\2322245.1 5

unless and until said City Council’s approval has been obtained, but such approval shall be obtained before execution of this Agreement by Grantee.

6.2. Binding on Successors. The terms, covenants, and conditions herein contained shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto.

6.3. Entire Agreement. This Agreement including all exhibits hereto contains all of the covenants, conditions, and agreements between the parties and shall supersede all prior correspondence, agreements, and understandings both verbal and written. No addition or modification of any term or provision shall be effective unless set forth in writing and signed by both Grantor and Grantee.

6.4. Brokers’ Fees. Grantor and Grantee each represent and warrant to the other that, there are no brokers’ fees or finders’ fees arising out of this transaction and each shall indemnify, defend, and hold the other harmless from any claim, loss, cost, damage or expense including, without limitation, reasonable attorneys’ and experts’ fees and costs and court costs arising out of or incurred in connection with any claim by any other broker, finder or other person or entity for any brokerage commission, finder’s fee or other amount in connection with any acts or dealings with such indemnifying party with any such broker, finder or other person or entity.

6.5. Attorney’s Fees. In the event either party to this Agreement institutes an action to interpret or enforce the terms hereof, or to obtain money damages, the prevailing party, as determined by the court (whether at trial or upon appeal) shall be entitled to recover from the other, in addition to costs and judgment as awarded by the court, its reasonable attorneys’ fees incurred therein. The prevailing party shall include, without limitation, a party who dismisses an action or proceeding for recovery hereunder in exchange for consideration substantially equal to the relief sought in the action or proceeding. In no event shall an attorney’s fee award exceed $10,000, whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions.

6.6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

6.7. Captions. All captions and headings in this Agreement are for the purposes of reference and convenience and shall not limit or expand the provisions of this Agreement.

6.8. Time. Time is of essence of ev ery provision herein contained in this Agreement.

6.9. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all counterparts shall constitute one agreement.

6.10. Survival. The terms, covenants and conditions of Article 5 shall remain true and correct as of the Closing Date, shall be deemed to be material and shall survive the execution of this Agreement, the delivery of the Easement, and recording of the Easement for a period of twelve (12) months.
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6.11. Notices. All notices, requests or other communications required or permitted to be given in connection with this Agreement shall be in writing and shall be personally delivered (with prompt confirmation by registered or certified mail, postage prepaid), or by commercial courier service, or by registered or certified mail, postage pre-paid, addressed to the party whom it is directed at the following addresses, or at such other addresses as may be designated by notice from such party in the manner provided herein:

To Grantor: Intel Corporation
Attention: Casaundra L. Elwood
4500 S. Dobson Rd.

Chandler, AZ 85248
Telephone: 480-723-7898
To Grantee: City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Attn: City Manager
Telephone: 408-615-2210
With a copy to: City of Santa Clara City Attorney’s Office 1500 Warburton Avenue
Santa Clara, CA 95050
Attn: City Attorney
Telephone: (408) 615-2230
Notices which are delivered by hand shall be deemed received upon delivery; notices which are deposited in the United States Mail in accordance with the terms of this Section shall be deemed received three (3) days after the date of mailing and notices delivered by commercial courier service shall be deemed received the date of actual delivery. The foregoing addresses may be changed by notice to the other party as herein provided.

[Signature Page Follows]

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IN WITNESS WHEREOF, the parties hereto have executed one (1) or more copies of this Agreement, on the Effective Date.

GRANTOR
Intel Corporation,
a Delaware corporation

By:

Title:

Date:

GRANTEE
City of Santa Clara,
a municipal corporation

By:

Title:

Date:

APPROVED AS TO FORM

Office of the City Attorney
City of Santa Clara

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EXHIBIT 1

,7190436Ā-6:25782Ā/,)Ā* #-!',.Ȁ+ *#Ȁ#.(.Ȁ(%%&Ȁ'&!+*+&.$$"' Recording Requested by:

Office of the City Attorney
City of Santa Clara, Californi a
When Recorded, Mail to:

Office of the City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
APN APN 104-39-018 & APN 104-39-021

EXEMPT FROM RECORDING FEE
PER GOV"T CODE §§ 6103 and 27383

EXEMPT FROM FEE
PER GOV'T CODE§ 27388 .1 (a)(2) (D)

GRANT OF OVERHEAD ELECTRIC EASEMENT AND AGREEMENT
3600 Juliette Lane
Santa Clara, Califomia
For valuable consideration , the receipt of which is hereb y acknowledged, Intel Delaware Corporation, a Delaware Corporation successor in interest by merger with Intel Corporation, A California Corporation (herein "Grantor "), hereby grants to the CITY OF SANTA CLARA, California, a chartered municipal corporation (herein "Grantee"), a non exclusive easement and right-of-way (herein "Easement ") in, on, over, along and across the real property owned by Grantor in the City of Santa Clara, State of California, described in Exhibit A attached hereto and incorporat ed herein by this reference ("Easement Area").

This Easement shall be used by Grantee for the purposes of constructing and reconstrncting , installing , operating , inspecting , maintaining , repairing , removing and/or replacing overhead electrical transmission , distribution and/or communication systems , and appurtenances thereto (the "In1provements"), and shall include a reasonable right of ingress and egress over adjoining lands of Grantor. ln exercising said right of ingress and egress , Grantee shall, wherever practical , use existing roads and lanes across lands of Grantor , if such there be, and if not, by such route or routes as shall result in the least practicable inconv enience to Grantor and any occupants of Grantor's property.

Grantee agrees that all Improvements constructed by Grantee shall be done at Grantee's sole cost and expense and in a good and workmanlike manner, and that no liens shall attach to all or any part of the Easement Area.

The Improvements will include poles , wire supports , wires and conductors suspended from pole to pole , transformers and other equipment mounted on the poles , anchors, guy attachments , and other appurtenances.

Portions of the Easement Area may be used by the Grant.or for driveway( s ), ingress and egress , landscaping (excluding trees) , and parking, as will not unreasonabl y interfere with the Grantee's use of the Easement. Any other use of the Easement Area by Grant.or shall be subject to Grantee's express written consent and only after Grantee 's review of plans and specifications and

Page 1 of 3 ends

City Council and Authorities ConcurrentJanuary 25, 2022

City Council and Authorities Concurrent
January 25, 2022