Agenda packet — City Council and Authorities Concurrent, March 8, 2022 (part 5 of 6)

Contract between the County of Santa Clara and
City of Santa Clara
FY21
DocuSign Envelope ID: C92A23EF-9F0F-4D84-86D6-37EBB39807 A6 Exhibit B: Program Plan & Requirements
deterioration. CONTRACTOR will provide COUNTY with a copy of its food inventory plan and completed food inventories, upon request.

8. PEST CONTROL
CONTRACTOR is required to follow the pest control requirements in the current Senior Nutrition Program, Congregate Policy & Procedures Manual. In addition, if a pest issue is identified. COUNTY reserves the right to require CONTRACTOR to take corrective action to remedy the issue or require any other action from CONTRACTOR necessary to protect the health and welfare of participants.

9. DATA COLLECTION AND PRIVACY
a. CONTRACTOR will be required to collect program data through the use of electronic collection methods that is separate from its Congregate Meals contract. Such methods will include the use of an iOS-device to electronically track participant meals. CONTRACTOR must comply with collection requirements as directed by COUNTY.
b. CONTRACTOR will be required to create separate sign-in sheets as back up for the electronic program data in subsection (a) above. c. CONTRACTOR must submit a completed and signed Santa Clara Senior Nutrition Program - FEMA Monthly Report for the prior month by the fourth (4th) working day of the current month to their assigned registered dietitian. d. Quarterly Report. Quarterly Reports with output and outcome data must be turned in with September, December, March, and July invoices. Quarterly Reports must be prepared on the form provided by the COUNTY. Submission of the Quarterly Report is required before the corresponding monthly invoice can be paid.
e. Within 30 days of executing this agreement, and annually thereafter if the term of this agreement is extended, all employees, volunteers, subcontractors, or agents of CONTRACTOR who handle confidential client information, including but not limited to registration forms, must complete the information security and privacy presentation online training provided by the California Department of Aging (currently available at:
https://www.aging.ca.gov/ProgramsProviders/lnformation Security and Priv acy/Presentation/index.html). Upon completion, evidence must be submitted to COUNTY to provide to Sourcewise.

10. PARTICIPANT CONTRIBUTION PRINCIPLES
CONTRACTOR must follow the participant contributions policy in its Congregate Meals contract with COUNTY.

11. PURCHASES
COUNTY may require CONTRACTOR, by written notice, to obtain approval of COUNTY for all purchases of food and materials. Approval will not be withheld by COUNTY except for good cause.

12. NON-EXPENDABLE PROPERTY
Any acquisition by CONTRACTOR of non-expendable property with a retail purchase price in excess of five- hundred dollars ($500.00), that is required by CONTRACTOR for performance of this Contract, must require prior written

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Contract between the County of Santa Clara and
City of Santa Clara
FY21
DocuSign Envelope ID: C92A23EF-9F0F-4D B4-B6D6-37EBB39807 A6 Exhibit B: Program Plan & Requirements
approval of COUNTY. COUNTY will be the legal owner of all equipment that is purchased with COUNTY funds. COUNTY may take possession of its equipment if it is not being used primarily for program purposes and will determine disposition of that equipment upon expiration or termination of this contract.

13. COMPETITIVE BID REQUIREMENTS
a. All equipment purchases by the CONTRACTOR exceeding five-hundred dollars ($500.00) must be procured through a competitive process in compliance with Sourcewise's bidding procedures unless services or materials can be obtained only from a single source. Any procurement exceeding ten-thousand dollars ($10,000.00) must also comply with the requirements of Office of Management and Budget Circular Uniform Guidance.
b. Unless CONTRACTOR uses the COUNTY's designated vendor, prior to making any equipment purchase that has a value of five-hundred dollars ($500) or more, CONTRACTOR will submit to COUNTY evidence that it has received a minimum of three (3) bids for such subcontract and justification for selection of the successful bidder or submit documentation to support the use of the sole supplier. Record shall be maintained by CONTRACTOR showing the parties solicited and the bids submitted.

14. RESTRICTION OF DISCLOSURES
Any reports, analysis, studies, drawings, information or data generated as a result of this contract are to be provided to COUNTY prior to public dissemination.

15. ERROR RATE REQUIREMENT
When there is a discrepancy between the paper total (signatures of FEMA participants) and scanner total, an error rate arises. CONTRACTOR's data must not exceed an error rate of 5%.

If CONTRACTOR's data exceeds an error rate of 5%, COUNTY may withhold a percentage of CONTRACTOR's invoice equivalent to the percentage of the error rate exceeding the 5% threshold. For example, if CONTRACTOR has an error rate of 23%, COUNTY will withhold 18% (23% - 5%) of CONTRACTOR's invoice for that month.

16. GRIEVANCE POLICY
CONTRACTOR must follow the grievance policy in its Congregate Meals contract with COUNTY.

17. FISCAL YEAR CLOSEOUT SUBMISSION
Due to fiscal reporting deadlines, CONTRACTOR must submit requested fiscal year-end closeout documents to COUNTY accounting staff by July 6, 2021.

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Contract between the County of Santa Clara and
City of Santa Clara
FY21
DocuSign Envelope ID: C92A23EF-9F0F-4DB4-B6D6-37EBB39807 A6 FY 2020-2021
Agency Name: City of Santa Clara
Program Name: COVID-19 Emergency Meals
A
Bud et
Per Meal
Reimbursement Rate*
Contract Total:

B C
Annual Units Rate
24,000 $8.72
Exhibit C: Budget
D
Total
$209,280.00
$209,280.00
*Actual expenses must be reconciled to the amount of the County per meal reimbursement quarterly and at year end. Food costs must equal at least 25% less $.25 of the Total Contract Amount. Meals that are unserved will not be reimbursed. Only meals that meet requirements of the Congregate Meals program and provided to participants who are eligible for the Congregate Meals program will be reimbursed.

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Contract between the County of Santa Clara and
City of Santa Clara
FY21
DocuSign Envelope ID: C92A23EF-9F0F-4DB4-B6D6-37EBB39B07A6 Santa Clara County
Logic Model -
A. Contract Goal:

B. Situation
Lack of food access,
financial instability, and
social isolation are
pervasive issues among
the older community.

While socialization options
are limited during the
COVID-19 pandemic,
congregate meals sites
providing to-go, curbside,
or home delivered meals
become and important
oullet because it provides
a daily opportunity to see
familiar faces in an
environment not open to
the general public/all age
groups, and an avenue to
learn about or be
connected with other
services during this
unique time.

FY 2020-2021
Senior Nutrition Program - COVID-19 Emergency
Meals Agency Name:

Exhibit D: Logic Model
City of Santa Clara
Provide nutritious meals to older adults across Santa Clara County during the COVID-19 pandemic.

C. Activities/Services
Provide to-go, curbside , or home
delivered congregate meals to
older adults age 60 and older or
other qualified participants who
would otherwise be turned away
from the congregate meal site.

D1. #of D2. # of undupllcated Outputs clients/families
served per FY per FY
NIA 24000

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D3. Output
Meals
Contract between the County of Santa Clara and
City of Santa Clara
FY21
E. Short/Long Term
Outcome Measures
See outcomes from Congregate Meals contract.

DocuSign Envelope ID: C92A23EF-9F0F-4OB4-B6O6-37EBB39807 A6 Exhibit E: Federally Required Contract Provisions

COUNTY OF SANTA CLARA

FEDERALLY REQUIRED CONTRACT PROVISIONS
The federally-required contract provisions listed below are made a part of the Contractor's Contract with the County. 1
The term "Contractor", as used throughout this document shall mean the contractor identified in the Contract as Contractor, Provider, Consultant, or similar term.

The term "Contract" as used throughout this Exhibit shall mean the contract or other agreement, with exhibits, into which this Exhibit is incorporated.

The term "State" as used throughout this document shall mean the State of California and include any of its departments or agencies.

These federally required contract provisions will collectively be referenced as the "FEMA Contract Terms."
The terms and conditions of the Contract and the FEMA Contract Terms should be read to operate in concert, except where directly in conflict. In the event of a conflict between the terms of the Contract and the FEMA Contract Terms, and unless otherwise stated within the terms of this Exhibit, the FEMA Contract Terms shall govern and prevail.

A. No Obligation by the Federal Government
The Federal Government is not a party to this Contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the Contract.

B. Access to Records
(1) Upon request, the Contractor agrees to provide the County, State, Federal Emergency Management Agency (FEMA) Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to the Contract for the purposes of making audits, examinations, excerpts and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 1 1 The County intends to seek reimbursement from federal and state grants, e.g., the Federal Emergency Management Agency's Public Assistance grants and California Governor's Office of Emergency Services grants, for the goods and/or services provided under the Contract to the extent they are procured as part of emergency protective measures or disaster response measures undertaken by the County.

County of Santa Clara Page 1
Federally Required Contract Provisions
Contract between the County of Santa Clara and
City of Santa Clara
FY21
Version 1.0
DocuSign Envelope ID: C92A23EF-9F0F-4OB4-B6O6-37EBB39807 A6 Exhibit E: Federally Required Contract Provisions (3) Upon request , the Contractor agrees to provide the FEMA Administrator or the FEMA Administrator's authorized representatives access to construction or other work sites pertaining to the work being completed under the Contract. (4) In compliance with the Disaster Recovery Act of 2018, the County of Santa Clara and the Contractor acknowledge and agree that no language in this Contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States .
c. Procurement of Recovered Materials
(I) In the performance of this Contract, the Contractor shall make maximum use of products containing recovered materials that are United States Environmental Protection Agency-designated items unless the product cannot be acquired-

1. Competitively within a timeframe providing for compliance with the Contract performance schedule;
II. Meeting Contract performance requirements; or
iii. At a reasonable price.
(2) Information about this requirement along with the list of EPA-designated items, is available at EPA' s Comprehensive Procurement Guidelines web site, http://www .epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (3) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.

D. Department of Homeland Security IDHS) Seal, Logo and Flags.

The Contractor shall not use the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials without specific FEMA approval.

E. Compliance with Federal Law, Regulations, and Executive Orders F.

This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the Contract. The Contractor will comply with all applicable federal law, regulations , executive orders, FEMA policies , procedures, and directives .

Program Fraud and False or Fraudulent Statements or Related Acts The Contractor acknowledges that 31 USC Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's action s pertaining to this Contract.

County of Santa Clara Page 2 Version 1.0
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Contract between the County of Santa Clara and
City of Santa Clara
FY21
DocuSign Envelope ID: C92A23EF-9F0F-4D B4-B6D6-37EBB39807 A6 Exhibit E: Federally Required Contract Provisions During the performance of this Contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin.

Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.
( 4) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of County of Santa Clara Page 3
Federally Required Contract Provisions
Contract between the County of Santa Clara and
City of Santa Clara
FY21
Version 1.0
DocuSign Envelope ID: C92A23EF-9F0F-4DB4-B6D6-37EBB39807 A6 Exhibit E: Federally Required Contract Provisions investigation to asce1tain compliance with such rules, regulations, and orders. (7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in paii and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant fmiher agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not paiticipate in work on or under the Contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant fmther agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Pait II, Subpart D of the County of Santa Clara Page 4
Federally Required Contract Provisions
Contract between the County of Santa Clara and
City of Santa Clara
FY21
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DocuSign Envelope ID: C92A23EF-9F0F-4DB4-B6O6-37EBB39807 A6 Exhibit E: Federally Required Contract Provisions Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Depaiiment of Justice for appropriate legal proceedings.

G. Clean Air Act and the Federal Water Pollution Control Act H.

The provisions of this Section H apply to contracts exceeding $150,000.

Clean Air Act
(I) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The Contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the State, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

Federal Water Pollution Control Act
(I) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 etseq.
(2) The Contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, rep01i each violation as required to assure notification to the State, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

Byrd Anti-Lobbyini: Amendment
Contractors who apply or bid for an award of $100,000 or more shall file the certification required by the Byrd-Anti-Lobbying amendment. Each tier ce1iifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress County of Santa Clara Page 5 Version 1.0
Federally Required Contract Provisions
Contract between the County of Santa Clara and
City of Santa Clara
FY21
DocuSign Envelope ID: C92A23EF-9F0F-4DB4-B6D6-37EBB39807 A6 Exhibit E: Federally Required Contract Provisions in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

Required Certification:

APPENDIX A, 44 C.F.R. PART 18- CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Contractor, ____________________ _, certifies or
affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U .S.C. Chap. 3 8, Administrative Remedies for False Claims and County of Santa Clara Page 6
Federally Required Contract Provisions
Contract between the County of Santa Clara and
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FY21
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DocuSign Envelope ID: C92A23EF-9F0F-4DB4-B6D6-37EBB39807 A6 Exhibit E: Federally Required Contract Provisions I.

Statements, apply to this certification and disclosure, if any.

Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date
Contract Work Hours and Safety Standards Act
The provisions of this Section J apply to contracts over $100,000 that involve the employment of mechanics and laborers.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set fo1ih in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set fo1ih in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of fmiy hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The County shall upon its own action or upon written request of an authorized representative of the Depaiiment of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. ( 4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set fmih in paragraph ( 1) through ( 4) of this section and also a clause requiring County of Santa Clara Page 7 Version 1.0
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FY21
DocuSign Envelope ID: C92A23EF-9F0F-4D B4-B6D6-37EBB39807 A6 Exhibit E: Federally Required Contract Provisions J.

L.
the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set fo1ih in paragraphs (1) through ( 4) of this section.

Debarment and Suspension
(1) This Contract may be a covered transaction for purposes of 2 C.F .R. pt. 180 and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor, its principals ( defined at 2 C.F .R. § 180.995), or its affiliates ( defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by the County. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F .R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
( 4) The bidder or proposer agrees to comply with the requirements of 2 C.F .R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of the Contract. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions.

Termination for Cause
If the Contract value exceeds $10,000, to the extent the Contract does not provide for termination for cause outside of this Exhibit, and in addition to any right to terminate for convenience as described in the Contract, the County may, after providing five days' written notice, terminate the Contract for the Contractor's failure to perform or observe any term, covenant, or condition of the Contract.

Remedies
In the event of a breach by the Contractor of any term, covenant, or condition of the Contract, the County shall have the right to pursue all available remedies at law or equity.

Except as expressly provided elsewhere in this Contract, each party's rights and remedies under this Contract are cumulative and in addition to, not exclusive of or in substitution for, any rights or remedies otherwise available to that party.

M. Contracting with Small and Minority Businesses. Women's Business Enterprises. and Labor Surplus Area Firms
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FY21
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DocuSign Envelope ID: C92A23EF-9F0F-4DB4-B6D6-37EBB39807 A6 Exhibit E: Federally Required Contract Provisions N.

If this Contract was awarded in a competitive procurement, Contractor engages subcontractors to perform work under the Contract, and the Contract is for $10,000 or above, Contractor shall place qualified small and minority businesses and women's business enterprises on solicitation lists used in the procurement; solicit small and minority business and women's business enterprises; divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises; establish delivery schedules, where the requirement permits, which encourage participation by small and minority businesses and women's business enterprises; and use the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

Subcontracts
To the extent applicable, the Contractor shall include the provisions of this Exhibit in all subcontracts.

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DocuSign Envelope ID: 7B72A2D5-B9EE-4987-AE57-827C723BDC3B

SECOND AMENDMENT TO THE CONTRACT BETWEEN THE COUNTY OF SANTA CLARA AND

CITY OF SANTA CLARA-CONGREGATE MEALS
This is the Second Amendment to the Contract between the County of Santa Clara (COUNTY) and City of Santa Clara (CONTRACTOR) entered into on July 1, 2019, for the provision of Congregate Meals Services.

The original contract was approved by the Board on June 18, 2019.

This Contract is amended as follows:

Effective July 1, 2021, the parties agree to comply with the provisions contained in the following exhibits, which are attached hereto and incorporated herein by this reference and made a part of the Contract.

1. Add Exhibit A-2: Program Provisions, which is attached hereto and incorporated by this reference.

2. Add Exhibit B-2: Program Plan & Requirements, which is attached hereto and incorporated by this reference.

3. Add Exhibit C-3: Budget, which is attached hereto and incorporated by this reference.

4. Add Exhibit D-2: Logic Model, which is attached hereto and incorporated by this reference.

All other terms and conditions of the Contract remain in full force and effect. In the event of a conflict between the original Contract and this Amendment, this Amendm,ent controls.

IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereby agree to the terms of this Amendment to the Contract.

COUNTY OF SANTA CLARA
Miguel Marquez, Chief Operating Officer
County of Santa Clara
Date: ___ _
John P. Mills
Deputy County Executive
Date: ___ _

APPROVED AS TO FORM AND LEGALITY
Luke Edwards
Deputy County Counsel
12/15/2021 Date: ___ _

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CONTRACTOR
Deanna J. Santana, City Manager
City of Santa Clara
Date: ___ _
ATTEST
Hassam Haggag, City Clerk
City of Santa Clara
Date: ___ _

APPROVED AS TO FORM
Office of the City Attorney
Date: ___ _
Second Amendment to the Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
DocuSign Envelope ID: 7B72A205-B9EE-4987-AE57-827C723BDC3B Exhibit A-2: Program Provisions
Agency: City of Santa Clara
Program Name: Senior Nutrition Program - Congregate Meals This is a contract between the County of Santa Clara (COUNTY) and the (CONTRACTOR) for the purpose of providing meals for persons 60 years of age and older, which is funded, authorized by, and to be performed in accordance with the Older Americans Act of 1965, as amended, P.L. 89-73, U.S.C. Section 3000 et seq., and all amendments, rules, and regulations pertaining thereto.

1. TERM OF CONTRACT

2. The term begins on July 1, 2019, and expires on June 30, 2022, unless terminated earlier or otherwise amended; with two one-year extension options.

MAXIMUM FINANCIAL OBLIGATION
COUNTY will reimburse CONTRACTOR actual allowable
the provisions of this Contract, for a total not to exc 2020, not to exceed $110,774.16 in FY2020-2021, a
in FY2021-2022, for a total not to exceed $361,7
tures subject to

1.65 in FY2019-
exceed $121,324.08

3. BUDGET CONTINGENCY
This Contract is contingent upon the a
COUNTY for the services covered b
tion of sufficient funding by the
Contract. Notwithstanding the
ing is reduced or depleted by the
t, the COUNTY has the option to either
ept that is necessary to transition clients
ith no liability occurring to the County, or to
t indicating the reduced amount.
termination provisions set forth he
County for services covered by this
terminate this Contract without.
in the discretion of the Coun
offer an amendment to

4. FEE FOR SERVICE CO CT
a. CONTRACTOR will bet paid by COUNTY in accordance with Exhibit A-2:

Program Provisions, Exhibit 8-2: Program Plan & Requirements, Exhibit C-3:

Budget, ibit 0-2: Logic Model, for the performance of services as outli ontract up to the maximum compensation.

Non-Profit Agencies, 0MB Circular A-122.
ii. or Local Governments, 0MB Circular A-87.
iii. For Public and Nonprofit Institutions of Higher Education, 0MB Circular A-121.
iv. For Profit Making Organization, 41 CFR Part 1.
b. lf CONTRACTOR provides any tasks, deliverables, goods, services, or other work, other than as specified in this Contract, the same will be deemed to be a gratuitous effort on the part of the CONTRACTOR, and the CONTRACTOR will have no claim whatsoever against COUNTY.
c. CONTRACTOR must participate in a quarterly reconciliation process. During the reconciliation process all funds awarded to CONTRACTOR must be reconciled to the costs incurred and to the remaining cash, if any. Quarterly reconciliations must be submitted with the corresponding monthly invoice.

Page 1 of 5 ends

Second Amendment to the Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
DocuSign Envelope ID: 7872A2D5-B9EE-4987-AE57-827C723BDC3B Exhibit A-2: Program Provisions
During each reconciliation, all funds paid to CONTRACTOR under its fee for service claims must be reconciled to the actual costs incurred by the contractor and the remaining cash, if any. This provision survives the termination of this Contract.
d. CONTRACTOR must participate in a closeout period at the end of the COUNTY funding period. During the closeout period all funds awarded to CONTRACTOR must be reconciled to the costs incurred and to the remaining cash, if any. A closeout packet will be provided to CONTRACTOR by COUNTY at the end of the funding period and is due within forty-five (45) days thereafter.

If actual cost of providing services based on Unit Cost per meal is less than the amount reimbursed by COUNTY, CONTRACTOR'S final reimbursement will be reduced by the overpayment received from COUNTY. This provision survives the termination of this Contract.

5. PARTICIPANT CONTRIBUTIONS

6. a. CONTRACTOR will submit participant contributio
the monthly expense claims.
b. CONTRACTOR will deposit all participant u ions in a bank account maintained for the Senior Nutrition Pr . All deposits, withdrawals, and balances for the Senior Nutrition m must be separately identified.

COUNTY has the right to review all I records and bank accounts for audit purposes. Participants' will be collected, counted, and recorded daily by CON Two persons designated by
CONTRACTOR will co-v collection and count of participant contributions daily by th ,,, ture and date on a participant contribution accounting record. ip ontributions are to be deposited daily when possible, but n frequently than on a weekly basis. Participant contributions are to t in a secure locked location and at night locking in a safe, pending depos into the Senior Nutrition Program bank account. a. Section 4 above, COUNTY, at its discretion may make
ents under this contract to CONTRACTOR up to a maximum of otal contract amount and under conditions as the COUNTY may uch advance payments will in no way increase the total maximum al obligation specified under this contract.
b. CONTRACTOR must meet fidelity bond requirements as specified in Article V F. of this contract prior to receiving advance payment. c. All advance payments require full repayment prior to the expiration of the contract. COUNTY will specify repayment method of the advance payment amount by deducting an agreed upon monthly amount from the outstanding balance of the contract until the repayment obligation is fulfilled, or; deducting the advance payment amount in a lump sum from the remaining contract balance.

7. COMPENSATION
CONTRACTOR must submit to COUNTY an invoice in a form approved by

Page 2 of 5 ends

Second Amendment to the Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
DocuSign Envelope ID: 7B72A205-89EE-4987-AE57-827C723BDC3B Exhibit A-2: Program Provisions
COUNTY, by the tenth (10th) calendar day of each month for the month just preceding in which services were performed. The CONTRACTOR will get paid on a monthly basis upon receiving an accurate account and invoice for services rendered, as well as payment for participant and guest contributions as outlined in Exhibit 8-2: Program Plan & Requirements.
a. Prior to submittal, invoices and reconciliations must be certified and signed by a responsible officer of CONTRACTOR with authority to certify that the information submitted by CONTRACTOR is accurate and CONTRACTOR is entitled to payment under the terms of the Contract. COUNTY may rely on said certification in making payment, but this payment will not constitute a waiver of any of COUNTY's legal rights or objections.
b.

C.
d.
e.

In order to ensure continuation of service, CONTRACTO
meals in excess of the number of year-to-date meal
Delivery Plan in Exhibit C-3: Budget. Meals that
reimbursed in a particular month may be reimburs
so long as CONTRACTOR has offered the agre
will not be paid for
in the Service
vided but not
ffifft~d on later invoice
ervices continuously.

If the invoice is in proper form and the it
Contract, COUNTY will make payment t
are payable under this
CTOR.

COUNTY will not be required to make
accordance with the provision
Contract will be made directly t
nt if the amount claimed is not in
ontract. All payments under this
TOR as a corporate entity. Under
uired to make payments in any amount
ther parties, including individual employees
no circumstances will COU
pursuant to this Contract
or creditors of CO T
to reimburse CONTRACTOR for any service or
expenditure not report to COUNTY within sixty (60) calendar days after the end of the last month of the Contract term.

8. SERVIQE D
a. C RAQ;J"OR must inform COUNTY of services and activities performed Contract and accept appropriately referred clients from the COUNTY act services as part of CONTRACTOR's client base.
b. CONTRACTOR must coordinate services with other organizations providing similar services in order to foster community cooperation and avoid unnecessary duplication of services.
c. CONTRACTOR must assist in the coordination of and verification of eligibility for mobility management services for participants who use CONTRACTOR's site as a home meal site.

9. CONTRACT REPRESENTATIVES
a. CONTRACTOR designates City Manager as CONTRACTOR's representative for the purpose of performing the services as required by this Contract. Unless

Page 3 of 5 ends

Second Amendment to the Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
DocuSign Envelope ID: 7B72A2D5-B9EE-4987-AE57-827C723BDC3B Exhibit A-2: Program Provisions
otherwise indicated in writing, the above-named person has the primary authority and responsibility to carry out this Contract. b. COUNTY designates the Senior Nutrition Program Manager as its representative for the purpose of managing the services performed pursuant to this Contract.

10. ADJUSTMENT TO EXHIBIT 8-2: PROGRAM PLAN & REQUIREMENTS A written adjustment to the Program Plan & Requirements may be approved by the COUNTY Representative, or designee, identified in this Exhibit, without a contract amendment as long as the adjustment reflects approved original program provisions and both parties are notified at least 1 O days before the adjusted Work Plan begins.

11. ADJUSTMENT TO EXHIBIT C-3: BUDGET
A budget adjustment can be made without a contract am
submits a written budget adjustment request to t
Representative, or designee, and the request is a
writing. A budget adjustment must not increase the
of this Contract.
nt if Contractor
NTY Contract
the COUNTY in
CONTRACTOR may request a budget r
Budget Revision Request form to the C
monitor. The Budget Revision Request
impact that the budget revision, if
delivery. Upon approval of the
COUNTY will forward an appr
submitting the COUNTY's
's designated contract/program
lude a statement explaining the
, ould have on the program/service
CTOR's Budget Revision Request,
of the Budget Revision Request form to
the CONTRACTOR.

12. ADJUSTMENT TO E D- : LOGIC MODEL
A written adjustment to Logic Model may be approved by the COUNTY Representative, or desi ee, identified in this Exhibit, without a contract amendment as long as the adjustment reflects approved original program parties are notified at least 1 O days before the adjusted Logic

13. ___ N ___ O ______ _______
All noti rescribed by this Contract will be in writing and deemed effective if sent by certified mail or registered mail and properly deposited with the United States Postal Service, postage prepaid with return receipt requested and addressed as follows:

To COUNTY:

To CONTRACTOR:

Social Services Agency, Director
CC: Senior Nutrition Program Manager
353 West Julian Street, 4th Floor
San Jose, California 95110-2335
Deanna J. Santana
City Manager
1500 Warburton Avenue

Page 4 of 5 ends

11. COUNTY
1 S CONTRACT TRANSITION PROCESS
CONTRACTOR agrees to provide all information deemed necessary by the County for use in subsequent procurement cycles.

Page 5 of 5 ends

Second Amendment to the Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
DocuSign Envelope ID: 7B72A2D5-B9EE-4987-AE57-827C723BDC3B Exhibit 8-2: Program Plan & Requirements
Agency: City of Santa Clara (CONTRACTOR)
Program Name: Senior Nutrition Program - Congregate Meals (PROGRAM)

1. SERVICE DESCRIPTION & EXPECTED OUTCOME
CONTRACTOR will work with the Social Services Agency - Senior Nutrition Program (COUNTY) and other community partners to ensure that the seniors receive nutritious and healthy meals at CONTRACTOR's nutrition site(s). The PROGRAM provides seniors and older adults of Santa Clara County access to healthy, nutritious meals and the opportunity to socialize, take classes, and access other services. CONTRACTOR will perform services in compliance with the Senior Nutrition Program, Congregate Policy & Procedures Manual, and any updates thereto.

2. PERMITS AND LICENSES
CONTRACTOR will obtain all permits and licenses necessary J~iJ/le performance of this contract will assure that its subcontractors obtain the same/J~~,CONTRACTOR will pay all normal fees for permits, licenses, inspections ari·:;;}Stt~r certification or service required in the performance of this contract. ·~,,

3. ELIGIBLE INDIVIDUALS
Persons who are eligible for meals and servi er this contract are those persons who are 60 years of age or older spouses of persons who are 60 years of age or older. Meals may be m lable to handicapped or disabled individuals who have not attained 60 Yf; but who reside in housing facilities occupied primarily by the elderly at wh · gregate nutrition services are provided, or individuals with disabilities Vv'.Oi
I
at home with and accompany older
individuals who are eligible for,... · ices. Priority will be given to those older persons in greatest social and ec "f with particular attention to seniors who are age 75 or older, low-in lone, and/or minorities as defined by the Older Americans Act of 1965.

4. MEALS

5. a.
b.

C.
by CONTRACTOR must provide at least one-third ( 113rd) of the currentJ .. nded dietary allowance specified by the Food and Nutrition B?litd of ltie.,.National Academy of Sciences - National Research Council.

M~hli!.§ wJJl"he planned by CONTRACTOR in cycles, the minimum period beingill•ff (5) weeks. Such menus must be planned in accordance with COUNTY requirements. Such menus will be submitted to COUNY three (3) weeks prior to initial use. Menus will be posted in a conspicuous location at the meal site at least one (1) week in advance of use.

Table settings will be of reasonable quality. If disposable dinnerware is used, it will be of sturdy quality.

CONGREGATE MEAL SITES
a. CONTRACTOR will provide congregate meals at the meal site(s), days, and times indicated in Exhibit C-3: Budget. Notwithstanding, CONTRACTOR may make minor changes to the service days and times listed in Exhibit C-3 with prior written approval of COUNTY.
b. CONTRACTOR may not relocate the meal site or add a meal site without prior notification, inspection, and approval by COUNTY. Relocation or addition of a meal site without the prior approval of the COUNTY may be considered a

Page 1 ends

Second Amendment to the Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
DocuSign Envelope ID: 7B72A2D5-B9EE-4987-AE57-827C723BDC3B C.
d.
e.
f.
g.

Exhibit 8-2: Program Plan & Requirements
breach of the provisions of this contract. COUNTY may suspend or withhold payments, or terminate the contract if the relocation affects any of the provisions of the contract including, but not limited to the following:
i. The relocation or addition reduces or terminates the provision of services to seniors in the geographic area served by this contract. ii. The relocation or addition changes the service area served by this contract. iii. The relocation or addition does not serve or give priority to older persons in the greatest social or economic need as defined by the Older Americans Act of 1965 as amended.

The site must have adequate lighting and ventilation and must meet all applicable health, fire, safety and sanitation regulations. CONTRACTOR must obtain current certificates from appropriate public officials indicating the site is in compliance with health and fire regulations.

CONTRACTOR ensures that a pleasant dining atmosphere is maintained and that there is adequate space for the equipment of particip9:(lts, such as canes, crutches and wheelchairs. .r, .< ,
There will be no architectural barriers which would preve'mt~IJr~ligible individual from having access to the meal site facility. ,,:t•'°"·· Innovative services may added to the PROG
1 ring the term of this
contract, or upon an extension of this cont ritten approval of the COUNTY.

Notwithstanding a designation as a cat
written approval from COUNTY and
approvals, CONTRACTOR may swit
event of this switch, CONTRAC
standard cook on site per-meal tillJe i
//, <, { ', , /C~',,
Exhibit C-3: Budget, upon
aining all required governmental
ing a cook on site location. In the
r-meal rate will be changed to the
ifferent than the catered meal rate.
};"'f ",

6. NUMBER OF MEALS SERVltt,f AYS AND HOLIDAYS
a. CONTRACTOR wil ·d number of hot meals as specified in Exhibit C- 3: Budget. If dem elig1 le individuals in the first six (6) months of this Contract does not re CONTRACTOR providing the average number of meals per day specifi in Exhibit C-3: Budget, COUNTY may terminate this Contract. Prior to termination, COUNTY and CONTRACTOR may attempt to renegoti · Contract to allow CONTRACTOR to reduce the average nu111.~er1' "s to be provided per day. If CONTRACTOR provides additional m~ls an isuch additional meals will cause CONTRACTOR to exceed the rvfa;f~.~m>Financial Obligation of this Contract, such additional costs will be the sole egj'j5ense of CONTRACTOR, unless the parties agree and execute a Contract Amendment.
b. CONTRACTOR will be paid for the number of meals served at a meal site, not the number of meals prepared. COUNTY will not reimburse meals served that do not meet the dietary requirements in Section 4{a).

CONTRACTOR must open its Nutrition Site{s) for the number of service days specified in Exhibit C-3: Budget. CONTRACTOR must open its Nutrition Site{s) at minimum the number of serving days indicated each week except for holidays. Should CONTRACTOR close its Nutrition Site(s) due to unforeseen circumstances, CONTRACTOR will notify COUNTY immediately and work collaboratively to reschedule the day(s) that the Nutrition Site{s) was closed.

Should CONTRACTOR close their Nutrition Site(s) due to foreseen circumstances and not be able to reschedule the day{s) of services,

Page 2 of 7 ends

Second Amendment to the Contract between the County of Santa Clara Soda! Services Agency and City of Santa Clara
FY2020
DocuSign Envelope ID: 7B72A2D5-B9EE-4987-AE57-827C723BDC38

7. 8.

9. Exhibit B-2: Program Plan & Requirements
CONTRACTOR will not be reimbursed for the number of meals allocated to the serving day(s) that the Nutrition Site(s) was closed.

ADVISORY COUNCIL
CONTRACTOR will ensure that an election is held to elect a participant to represent the nutrition site on the countywide program Advisory Council. It will be the responsibility of the program Advisory Council to advise the COUNTY on policy matters relating to the delivery of the congregate nutrition services throughout the COUNTY program area.

SUPPORTIVE SERVICES
a. CONTRACTOR will provide supportive services, to the extent that such services are needed and are not already available from third parties and accessible to individuals participating in the Congregate Meals Program.

Supportive services may include: A
i. Transportation of eligible individuals to and from con@r~gete meal sites so that nutrition and other services will be accessib('t~Jtfose eligible individuals living within the program area who u~j''bf lack of mobility or physical or mental handicap, would othe nable to participate in the program;
ii. Information and referral services desig
with current information of, and refe
meet their needs;
rovide eligible individuals
ppropriate services to
iii. Health and welfare counseling se esigned to assist eligible individuals in dealing with thg'pT~bl s and stresses that interfere with normal health and socialfu~9tioq)~g. CONTRACTOR may provide such services through persqr;i§fo-p~rion assistance from trained counselors or referrals to other resoJ;il~~~it
iv. Nutrition edu rol[~fra formal program of regularly scheduled meetings to ilaf>le pertinent facts related to nutritional need; v. Recreation activ esigned to foster the health and social well-being of program particip nts through social interaction and satisfying use of free time;
vi. Outr, .1 ,9tivities to assure maximum participation of hard to reach and .. ,G)thell''~J . le individuals.
b. G,@)l)JJRACI}!OR will report the supportive services provided at its meal site(s) to tt,e}·•,Q~UNTY in the format requested by the COUNTY and whether the serviq~ls provided by CONTRACTOR or another entity at least annually, or more often, as requested by the COUNTY. COUNTY may request this information from CONTRACTOR up to once per quarter.

FOOD INVENTORY
CONTRACTOR will develop a written plan for conducting food inventories. The plan will include the procedures for conducting food inventories, identify persons responsible for conducting the inventory, and set the schedule for completing the inventories. The plan will also include a description of the "First-in-First Out" food rotation system that will be used to ensure stored goods are rotated to prevent deterioration. CONTRACTOR will provide COUNTY with a copy of its food inventory plan and completed food inventories, upon request.

Page 3 ends

10. PEST CONTROL
CONTRACTOR is required to follow the pest control requirements in the current Senior Nutrition Program, Congregate Policy & Procedures Manual. In addition, if a pest issue is identified. COUNTY reserves the right to require CONTRACTOR to take corrective action to remedy the issue or require any other action from CONTRACTOR necessary to protect the health and welfare of participants.

11. DATA COLLECTION AND PRIVACY
a. At intervals prescribed by the COUNTY and, on forms provided by COUNTY, CONTRACTOR will collect program data and information relating to nutrition risk assessments, registered site participants, meals, use of services and program contributions. CONTRACTOR will also be required to collect program data through the use of electronic collection methods. Such methods may include the use of computers, scanners, or other means. CONTRACTOR must comply with collection requirements as directed by COUNTY. Unless otherwise specified, COUNTY will provide CONTRACTOR with th ' . ment needed to collect data by electronic means. COUNTY will be co legal owner of all equipment provided to CONTRACTOR for this uch equipment is considered Non-Expendable property as describ tion 16 of this Exhibit. b. CONTRACTOR must submit a completed Santa Clara Senior Nutrition Program - Monthly Report for t month by the fourth (4th) working day of the current month to thei registered dietitian. c. No later than the second time an eligi ipant attends a congregate meal site operated by CONTRACTOR, C TOR must have the participant complete a registration form wi nt's information. Registration forms must be submitted to the design LINTY staff person at least monthly for registrants from the prior m9 ' '" ith the Monthly Report. CONTRACTOR must submit any new mo · · istrations prior to the fifth (5th) working day of every month. ·
d. CONTRACTOR mit their electronic participant demographic scanner for the prior month by the fifth (5th) working day of
every month to the S r Nutrition Program.
e. Quarterly Report. Quarterly Reports with output and outcome data must be turned in eptember, December, March, and July invoices. Quarterly Re prepared on the form provided by the COUNTY. Submission Qu r y Report is required before the corresponding monthly invoice .$id.
f. · days of executing this agreement, and annually thereafter if the term of this agreement is extended, all employees, volunteers, subcontractors, or agents of CONTRACTOR who handle confidential client information, including but not limited to registration forms, must complete the information security and privacy presentation online training provided by the California Department of Aging (currently available at:
https://www.aging.ca.gov/ProgramsProviders/lnformation Security and Priv acy/Presentation/index.html). Upon completion, evidence must be submitted to COUNTY to provide to Sourcewise.

12. PARTICIPANT CONTRIBUTION PRINCIPLES
a. CONTRACTOR will provide meals to eligible individuals regardless of their ability to pay for all or part of their meals. Recipients are requested to make a financial contribution to offset the cost of the meals. Suggested contribution for

Page 4 ends

Second Amendment to the Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
DocuSign Envelope ID: 7B72A205-B9EE-4987-AE57-827C723BDC3B Exhibit B-2: Program Plan & Requirements
congregate meals is $3.00 per meal. If CONTRACTOR also provides home delivered meals, the suggested contribution is $3.00 per day. Contributions are confidential. CONTRACTOR will not disclose records of the amount of contribution received or the name of contributor to third parties without written permission of the contributor. COUNTY has the right to review CONTRACTOR'S contribution records for audit purposes. Payment of the suggested contribution is not a condition for the receipt of meals. b. CONTRACTOR will submit participant contributions on a monthly basis to be included with the monthly reimbursement claims. One hundred percent of these contributions must be submitted to COUNTY.

13. VOLUNTEER, GUEST, AND STAFF MEALS

14. a. Volunteer Meals: A volunteer under the age of 60 who provides services during b.

C.
meal hours may be offered a meal, if doing so will not deprive an older individual of a meal. Volunteers under age 60 who re
meets the requirements in Section 4 must pay a $3.00
included with the participant contributions and retu
CONTRACTOR must record the number of
CONTRACTOR will be reimbursed for volunteer
e a full meal that
the fee must be
the COUNTY.
meals served.
rovided.

Guest Meals: A guest under the age of 60 m a meal during meal o a meal or add to the cost
st $8.00 or up to the actual
hours if doing so will not deprive an older in
of meals prepared. A guest must pay a
cost of the meal served, as specified ·
must record the number of guest me
from participant contributions. C
The cost of providing guest
reconciliation.
t;ijbit C-3: Budget CONTRACTOR
ed and keep guest fees separate
OR may keep guest fees received.
ay not be included in the quarterly
Staff Meals: Nutrition serv
doing so will not d~
meals prepared. CY6
staff meals served. T
quarterly reconciliation.
under the age of 60 may receive a meal if
an r individual of a meal or add to the cost of
C OR must record the number of nutrition services
t of providing staff meals may not be included in the
NCE
have a representative attend every required training and e COUNTY that is specific to the Senior Nutrition, Congregate

15. PURCHASES
COUNTY may require CONTRACTOR, by written notice, to obtain approval of COUNTY for all purchases of food and materials. Approval will not be withheld by COUNTY except for good cause.

16. NON-EXPENDABLE PROPERTY
Any acquisition by CONTRACTOR of non-expendable property with a retail purchase price in excess of five- hundred dollars ($500.00), that is required by CONTRACTOR for performance of this Contract, must require prior written approval of COUNTY.

COUNTY will be the legal owner of all equipment that is purchased with COUNTY funds. COUNTY may take possession of its equipment if it is not being used primarily for program purposes and will determine disposition of that equipment upon expiration or termination of this contract.

Page 5 ends

17. COMPETITIVE BID REQUIREMENTS
a. All equipment purchases by the CONTRACTOR exceeding five-hundred dollars ($500.00) must be procured through a competitive process in compliance with Sourcewise's bidding procedures unless services or materials can be obtained only from a single source. Any procurement exceeding ten thousand dollars ($10,000.00) must also comply with the requirements of Office of Management and Budget Circular Uniform Guidance.
b. Unless CONTRACTOR uses the COUNTY's designated vendor, prior to making any equipment purchase that has a value offive-hundred dollars ($500) or more, CONTRACTOR will submit to COUNTY evidence that it has received a minimum of three (3) bids for such subcontract and justification for selection of the successful bidder or submit documentation to support the use of the sole supplier. Record shall be maintained by CONTRACTOR showing the parties solicited and the bids submitted.

18. OVERTIME WORK
Overtime work expenditures that are incurred by the CONJ will not be paid by reducing services or meals under this contract.

19. RESTRICTION OF DISCLOSURES
Any reports, analysis, studies, drawings, info
this contract are to be provided to COUNTY

20. CARE ACCESS ERROR RATE RE
i ata generated as a result of
Ui9public dissemination.

Federal regulations pursuant to Ti e Older Americans Act of 1965 (OM) establish procedures for allocatin y to states for various senior services. States have established allocati a s to award monies to their Area Agencies on Aging (AM). These AM , , award monies via contracts or grants to carry out the mission of the OM.

Sourcewise, the County of Santa Clara's designated AM, allocates money for the provision of the ate Meals Program by reimbursing the County based on the number o ed to seniors each month. This data is tracked through Source · ccess Database. When there is a discrepancy between the paper total (si f SNP participants) and scanner total (scanned barcodes of SNP participants) error rate arises. Currently, if the total combined error rate of all Senior Nutrition Meal Sites exceeds five percent (5%), the County will not be reimbursed by Sourcewise. Therefore, CONTRACTOR's data that is imported into Sourcewise's Care Access Database must not exceed an error rate of 5%.

If CONTRACTOR's imported data exceeds an error rate of 5%, COUNTY will withhold a percentage of CONTRACTOR's invoice equivalent to the percentage of the error rate exceeding the 5% threshold. For example, if CONTRACTOR has an error rate of 23%, COUNTY will withhold 18% (23% - 5%) of CONTRACTOR's invoice for that month.

Should Sourcewise decide to reimburse the County regardless of the combined error rate of all Senior Nutrition Meal Sites, then the County will not withhold any percentage of CONTRACTOR's invoice regardless of CONTRACTOR's error rate for that month.

Page 6 of 7 ends

21. GRIEVANCE POLICY
a.
b.

CONTRACTOR must establish a written grievance process for reviewing and attempting to resolve complaints of older individuals receiving services funded by this Contract which complies with Sourcewise's requirements and the Older Americans Act, Section 315(b)(4). At a minimum, the process shall include all of the following:
i. Time frames within which a complaint will be acted upon. ii. Written notification to the complainant of the results of the review, including a statement that the complainant may appeal to Sourcewise if dissatisfied with the results of CONTRACTOR's review.
iii. Confidentiality provisions to protect the complainant's rights to privacy.

Only information relevant to the complaint may be released to the responding party without the older individual's consent CONTRACTOR shall notify older individuals of the grieva available to them by:
i. Posting notification of the process in visible and ace the bulletin boards in multipurpose senior cent
are a substantial number of older adults. For i
speaking, the notification shall also be po
significant number of older individuals. ·
areas, such as
s in which there
Is are non-English
primary language of a
ii. Advising homebound older individu
writing upon CONTRACTOR's co
Complaints may involve, but not be Ii
ocess either orally or in
ith the individuals.
i. Amount or duration of a se ·
ii. Denial or discontinuance of
iii. Dissatisfaction with the
provider. If the com I
under the jurisd·
, any or all of the following:
e.
mg provided or with the service
es an issue of professional conduct that is
er entity, such as the California Medical
Board or the r Association, the complainant shall be referred to the proper entity.
iv. Failure of the servi provider to comply with any of the requirements set forth in California Department of Aging regulations or in your contract with Sour.
d. Not rievance policy shall be construed as prohibiting older m seeking other available remedies, such as presenting their at an open meeting of CONTRACTOR's governing board.
e. Notif urcewise in writing within ten working days after statement has been issues to complainant detailing the complaint, resolution and a copy of the statement sent to complainant. The address for mailing is 3100 De La Cruz Blvd., Suite 310, Santa Clara, CA, 95054.

22. FISCAL YEAR CLOSEOUT SUBMISSION
Due to fiscal reporting deadlines imposed by the California Department of Aging and Sourcewise, CONTRACTOR must submit requested fiscal year-end closeout documents to COUNTY accounting staff by July 6, 2022.

Page 7 ends

Second Amendment to the Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
DocuSlgn Envelope ID: 7B72A2D5-B9EE-4987-AE57-827C723BDC3B County of Santa Clara
Social Services Agency
Agency Name: City of San ta Clara
Site: San ta Clara Senior Center
A
Budget
B
# of
Daily Meals
69 C
#of
Serving Days
248
- -
FY 2021-22
D
Annual Units
17,112 Per Meal Reimbursement Rate*
Grand Total - -
E
Rate
$7.09
---- --------- -- ________ ;;- - --
Total Contract
Amount••
$121,324.08
$121,324.08
Exhibit C-3
Site 1 - Service Plan & Budget
Weekly Service Plan Mon Tues Weds Thurs Fri Sat Sun Site Preparation Type Service Start
Service End
!Total Hour s
Monthly Service De livery Plan
Possible Serving Days
Unpaid Days Off
Holidays
Actual Serving Days
Budgeted Monthly Meals
l!Servinl! Davs x # of Dailv Meals!
YTD Budgeted Meals**
,
11:30AM
12:30 PM

1.00 Jul
22 0
1 21
1449
1449
11:30AM
12:30 PM

1.00 Aug
22 0
0 22
1518
2967
11:30AM 11:30AM 11:30AM
12:30 PM 12:30 PM 12:30 PM

1.00 1.00 1.00
Sep Oct Nov
22 1~ 2I ,
0 0 0
2 1 )I 3
20 20 19 -
1380 1380 1311
4347 5727 7038
N/A N/A Catered

N/A N/A

N/A N/A
Dec Jan Feb Mar Apr May Jun Total
23 21 20 23 21 22 22 261
0 0 0 0 0 0 0 0
2 1 1 0 1 1 0 13
21 20 19 23 20 21 22 248
1449 1380 1311 1587 1380 1449 1518 17112
8487 9867 11178 12765 14145 15594 17112
•only meals provided to eligible participants which meet dietary requirements will be reimbursed. The maximum number of meals reimbursed by the County will not exceed the YTD number of budgeted meals based on County-approved holiday schedule. Meals provided In a previous month but not reimbursed may be billed In a subsequent month . .. Food costs must equal at least 25% less $.25 of the Total Contract Amount. Meals that are unserved will not be reimbursed.

Second Amendment to the Contract between the County of Santa Clara Social services Agency and City of Santa Clara FY2020 Page lof3
DocuSign Envelope ID: 7B72A2D5-B9EE-4987-AE57-827C723BDC3B County of Santa Clara
Social Services Agency
Agency Name: City of Santa Clara
Paid Hour s*
A
Job Title
Site Manager
Kitchen Aide
Unpaid Volunteer Hours
A
Volunteer Hours
Registration Staff
Server 1
Server 2
Server 3
Server 4
Site: Santa Clara Senior Center
Tota
Total
69 248 17,112
# of Dally Serving Days Annual Meals
Meals
B
Daily
Hours

5.00 4.00

9.00 B
Daily
Hours

3.00 3.00

2.00 2.00

2.00 12.00
C
Hourly Rate
$19.74
$15.05
D
Paid Time
Off
(Days)
Do not Include
Holidays

33.40 33.40
FY 2021-22
13 Paid Holidays
E
Salaries
25,761
15,712
41,473
Payroll
Tax Rate
Payroll
Taxes
374
228
G
Retirement
Contribution
H
Health
Insurance
Other
Fringe
Benefits
$ 659
$ 503
1,162
ExhibitC-3
Site 1 - Staffing Plan
$
$
$
$
Total per
Employee
26,794
16,443
43,237
*All personnel costs in the Staffing Plan are built into the per meal rate listed In Exhibit C-3: Budget, Service Plan & Budget.

Second Amendment to the Contract between the County of 5anta Clara Social services Agency and City of Santa Clara FY2020 Page 2 of 3
DocuSign Envelope ID: 7872A2D5-89EE-4987-AE57-827C723BDC38 County of Santa Clara
Social Services Agency
FY 2021-22
Agency Name: City of Santa Clara
Program: SNP Congregate Meals

A B C D
Source of Funds FV22Amount %ofTotal Commitment Code
Resources Provided by County
Santa Clara County Senior Nutrition
Program (This Contract) $ 121,324.08 54.0%
Resources Provided by Agency (Match)
In-Kind Resources
Volunteer Hour s• $75,324 .00 33.5%
Cash Resources
Agency General Fund $3,445.00 1.5%
CDBG $24,000.00 10.7%
Non-senior contributions $500 .00 0.2%
Total Program Cost $ 224,593.08 99.9%
Actual Meal Cost
Total Per Meal Match SCCRate (Match+ sec Rate)
$6.03 $7.09 $13 .12
Commitment Code
1 Firm Commitment -Already have an agreement or letter confirming funding 2 Anticipated Renewal of Existing Funding-Continuation of current year funding 3 Anticipated Resource-Projection of previous fees or donations 4 Application Pending -Application has been submitt ed, no confirmation at this time 5 Pre-Applicat ion-Not yet submitted
* Volunteer Hours are valued by the Coi#tty as: Living Wage * Hours Per Day * Serving Days Second Amendment to the Contract between the County of Santa Clara Social services Agency and City of Santa Clara FY2020
1 3
1 1
3 ExhibitC -3
Resource Table

Page 3 of 3 ends

DocuSlgn Envelope ID: 7B72A2D5-89EE-4987-AE57-827C723BDC38 Santa Clara County FY 2021-2022 Exhibit D-2: Logic Model Social Services Agency
Logic Model -
A. Contract Goal:

Lack of food access,
mancial instability, and
social isolation are pervasive
issues among the older adult
community . In order to meet
the needs of this community
services need to include
ethnically diverse cuisine
served in locations in
proximity to low-Income
neighborhoods, innovative
service models that bring the
food to the people,
transportation options, and
additional safety net
resources. These services
are a vital component to
keeping people healthy and
living independently .

Congregate Meals Agency Name: City of Santa Clara
Provide nutritious meals, opportunities to socialize , transportation, and resources to older adults across Santa Clara County .

D1,#of D2. #of
C. Activities/Services
undupllcated Outputs 03. Output E. Short/Long Term
cllents/famllles Outcome Measures
served per FY per FY
Provide training lo meal site l
12 6 volunteers on food safely topics. ""'"""" ,-,:~ , B:,' June 30, 2022, at least 75% of eligible older adult ◊0
oongregale meal participants will have participated in a1 least ooe other service offered at the meal site.
-
'.i )
{ ·-
~
'/
~4;,
Second Amendment to the Contract between the County of Santa Clara Social Services Agency and City of Santa Clara FY2020 Page 1 of 1
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-158 Agenda Date: 3/8/2022

REPORT TO COUNCIL

SUBJECT
Action to Authorize the Office of the City Manager to Negotiate and Execute Amendment No. 3 to the Steam Sales Agreement with The Newark Group, Inc. to Extend the Agreement Until March 31, 2024 and Add Additional Financial Provisions

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
Since 1994, the City’s Electric Utility, Silicon Valley Power (SVP), has provided steam from the City’s cogeneration facility (Cogen) to The Newark Group, Inc., a Greif Company (Newark), for purchase and use in the manufacturing of recycled paper products at Newark’s California Paperboard Mill (California Paperboard). This type of manufacturing uses significant quantities of electricity, steam, water and sewer services. Cogen was designed to provide steam to California Paperboard, and Newark is SVP’s only customer for the purchase of steam. Newark is one of the City’s largest electric, water and sewer customers.

On November 17, 2015, Council approved a five (5) year Steam Sales Agreement with The Newark Group, Inc. with an expiration date of October 31, 2020. On March 9, 2021, Council approved Amendment No. 1 to extend the term of the Agreement to October 31, 2021, primarily due to the impact of the COVID-19 pandemic. On October 19, 2021, Council approved Amendment No. 2 to extend the term of the Agreement to March 31, 2022, due to continuing Pandemic-related delays and the evolving need for a more detailed and updated Cogen Capital Investment Plan that would allow for Cogen’s operation on a long-term basis.

DISCUSSION
In the intervening five months, SVP staff developed a more detailed Capital Improvement Plan to share with Newark and provided Newark with an indicative steam pricing proposal based on that plan. Upon review, Newark has expressed a preference to upgrade its own steam production facilities to meet all of its steam requirements. Newark estimates that this changeover will require up to two years and, therefore, Newark would like to continue purchasing up to two more years of steam service from Cogen.

Amendment No. 3 will be structured to provide continuing steam service to March 31, 2024, as Newark has requested, provided that, in addition to the proposed steam rate methodology, Newark consents to pay for any and all capital investment needed to support operation of Cogen until March 31, 2024, when the term of the amended agreement ends. If additional capital investment is required and Newark does not consent to pay for such investment, the Agreement would be terminated upon the City’s determination that Cogen is no longer safely operable or out of compliance with legal and City of Santa Clara Printed on 3/4/2022Page 1 of 2
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22-158 Agenda Date: 3/8/2022
regulatory requirements.

Amendment No. 3 essentially provides Newark a transition away from SVP steam service while Newark upgrades its steam production facilities. By providing this transition, SVP will be assured of stable, predictable power sales to this existing customer by keeping Newark in SVP’s service territory, and Newark will be able to maintain its production of recycled paper products. Without an extension, SVP may lose the opportunity to make future sales of electricity to Newark and to make future sales of water, recycled water and sewer service to Newark.

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)(4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.

FISCAL IMPACT
The revenue from steam sales to Newark was approximately $2 million in Fiscal Year (FY) 2020/21, and the estimated revenue for steam sales for FY 2021/22 and for FY 2022/23 is $1.5 million annually. As the transition contemplated in Amendment No. 3 progresses, SVP expects a winding down of steam sales revenue receipts. The net impact is that the potential cost savings from reduced operations at Cogen will offset the loss of steam revenue from Newark in the long term.

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

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
Authorize the Office of the City Manager to Negotiate and Execute Amendment No. 3 to the Steam Sales Agreement with The Newark Group, Inc. to extend the Agreement until March 31, 2024 and include additional financial provisions.

Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: City Manager’s Office

ATTACHMENTS

1. Steam Sales Agreement

2. Amendment No. 1 to the Steam Sales Agreement

3. Amendment No. 2 to the Steam Sales Agreement
City of Santa Clara Printed on 3/4/2022Page 2 of 2
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STEAM SALES AGREEMENT

BY AND BETWEEN THE

CITY OF SANTA CLARA
AND
THE NEWARK GROUP, INC.

This Steam Sales Agreement (herein "Agreement") , by and between the CITY OF SANTA CLARA, CALIFORNIA, a chartered municipal corporation, doing business as Silicon Valley Power (herein called ("CITY" or "SELLER"), and THE NEWARK GROUP, INC., successor in interest to NEWARK GROUP INDUSTRIES, INC., a New Jersey corporation, doing business as California Paperboard, (herein called "BUYER").

SELLER and BUYER may be herein referred to individually as "Party" or collectively as " Parties"or the "Parties to this Agreement."

RECITALS
A SELLER solely owns and operates a cogeneration facility, located at 524 Robert Avenue in the city of Santa Clara (as hereinafter more specifically defined, "Facility"), which has its own permits to operate obtained independently by the SELLER The Facility generates approximately 7 ,000 kW of electrical power and produces approximately 40 MMBtu per hour of saturated steam, from two gas turbine generating units (hereinafter, 'Turbines") ; and, B. The Facility is located adjacent to a paperboard manufacturing site that is solely owned and operated by the BUYER located at 525 Mathew Street ("Paper Mill"), which has its own permits to operate obtained independently by the BUYER; and;
C. BUYER uses electricity purchased from SELLER for its Paper Mill manufacturing operations that is supplied from the electrical grid, and BUYER also either purchases, or alternatively at its option, has its own capacity to generate saturated steam for Paper Mill manufacturing operations; and, D. SELLER and BUYER are completely separate and independent entities from each other, have no common ownership or control of the other's facilities, operations or permitting; and SELLER's generation of electricity from the Facility is supplied to the electrical grid and is therefore independent of the operation of the Paper Mill; and,
E. SELLER and BUYER desire to enter into this Agreement to evidence the terms and conditions under which SELLER will sell steam from the Facility and/or from another source of steam to BUYER, who will purchase such steam for its use in the manufacture of recycled paper products at the Paper Mill.

Now, therefore, in consideration of the Recitals and the promises, covenants and commitments made in this Agreement, the Parties mutually agree as follows:

California Paperboard Steam Sales Agreement Page 1 of 14

AGREEMENT PROVISIONS

1. INTENT OF PARTIES.
a. It is specifically understood that SELLER intends to operate the Facility primarily for the production of electrical power to serve the needs of the City's electric utility, Silicon Valley Power. As a secondary purpose, SELLER also intends to produce steam from the waste heat generated by the operation of the Facility for sale. BUYER intends to purchase steam to be used in its manufacturing operations at the Paper Mill.

2. DEFINITIONS.

Whenever used herein, the following words or group of words shall have the following respective meanings:
a. Billing Period. The incremental period of time for which SELLER will bill BUYER for steam delivery under the term of this Agreement. The Billing Period shall begin on the first calendar day of each month or as close to the first calendar day as practical and shall end thirty (30) days thereafter. b. Condensate Delivery Point. A point designated by SELLER at which the condensate meter equipment currently is located.
c. Facility. The Facility is an electric power and steam generating station, located on property adjacent to BUYER'S Paper Mill site, consisting of two Turbines each fitted with waste heat boilers which are independently capable of generating electricity and process steam, including all of the facilities required to contain, control, measure, transport , process, and convert the fuel into steam and electrical energy, but excluding the Supplemental Firing Equipment, as defined below. The Facility includes all steam and other piping, valves, the Turbines, waste heat boilers, all plumbing and pumps, electrical control and regulation equipment , electrical power transmission equipment , all other equipment and all buildings, structures, enclosures, site improvements and all appurtenances thereto that are required for the convenient and proper operation and maintenance thereof. d. Guaranteed Unit Hours. The total number of hours in a year that SELLER promises that the Turbines shall be available for service to ( 1) produce electricity and (2) to begin the steam production process. Guaranteed Unit Hours are calculated by totaling the hours in a year, multiplied by the percentage of time SELLER guarantees that the Turbines will be available for service as described above, as shown on Exhibit A attached hereto and incorporated herein.
e. Pricing Year. The period of time beginning on the first date of the term of this Agreement and ending on each subsequent twelve (12) month period. f. Steam Delivery Point. A point designated by SELLER at which the steam metering equipment currently is located.

California Paperboard Steam Sales Agreement Page 2 of 14

3. TRANSMISSION LINES AND RELATED RIGHTS OF WAY.

BUYER shall provide, at its sole cost and expense and at no cost or expense to SELLER, all lands, easements, rights in land, and any other interests, including rights-of-way, which are reasonably necessary for the installation, maintenance and operation of steam transmission lines from SELLER'S Facility to BUYER'S Paper Mill in order for SELLER to perform its obligations hereunder.

4. PARTIES' OPERATIONS.
a. BUYER shall be responsible for the design, performance, operation and maintenance costs of the steam distribution system sufficient to handle steam transmitted from the Steam Delivery Point to the BUYER'S process equipment. BUYER shall also be responsible for design, performance, operation and maintenance cost of its condensate return system. The condensate returned to SELLER shall be supplied at the Condensate Delivery Point at a pressure of at least ten (10) psig. The parties acknowledge and agree that, as of the date hereof, the current infrastructure is in good working order and sufficient for SELLER to transmit steam to BUYER hereunder.
b. SELLER intends to supply steam to BUYER that is produced from operation of SELLER'S Facility. In the event of a period of scheduled outage or reduced or suspended operations of SELLER'S Turbines, BUYER may immediately commence generation of steam from BUYER'S boiler using gas from BUYER'S gas service or oil from BUYER'S oil storage facilities or otherwise obtain steam from another source until such period of outage or reduced or suspended operations ceases. c. In the event that SELLER intends to repair or recondition the Facility and is not able to supply all of BUYER'S steam requirements under this Agreement, SELLER shall provide BUYER with reasonable advance notice of such repairs or reconditioning. SELLER shall also, to the extent feasible, schedule such repairs or reconditioning to eliminate or minimize the necessity of BUYER'S generation of steam, and provide for an orderly and efficient transition from SELLER'S to BUYER'S steam generating facilities. In the event of any outage or reduced/suspended operations of SELLER's Turbines, SELLER shall provide BUYER on-going updates with respect to the anticipated length thereof and shall use good faith efforts to end same as soon as commercially practicable under the circumstances.
d. BUYER shall maintain its own gas service necessary for its operations, and shall pay all costs associated with maintaining and using this gas service.
e. Both Parties shall use due diligence in their respective operations and activities so as not to endanger the property of the other.

California Paperboard Steam Sales Agreement Page 3 of 14 f. To the extent reasonably possible, both Parties shall coordinate their operations and maintenance activities, with the intent of achieving the most economic and efficient use of BUYER's and SELLER'S equipment.

This coordination may include the exchange of operating schedules, schedules for planned facilities shutdowns, etc., and any information supplied by one party shall be deemed proprietary and confidential by the other to the extent allowed by law.
g. SELLER, at its sole discretion, may satisfy all or part of its steam delivery obligation to BUYER from an alternate source.

5. SALE OF STEAM.
a. SELLER shall use reasonable efforts to operate a pressure of 125 psig to 150 psig in its main steam header at all times during periods that SELLER has notified BUYER that steam is available for delivery, so long as BUYER'S operations do not affect SELLER'S ability to meet said pressure level. BUYER acknowledges that steam pressure downstream of the Delivery Point is subject to BUYER'S operation of the Paper Mill and that SELLER has no ability, obligation, or desire to control that pressure. BUYER further acknowledges average steam flows for operation of the Facility are approximately 18,000 pounds per hour capacity for one combustion Turbine and 36,000 pounds per hour for two Combustion Turbines. BUYER hereby assumes full responsibility for steam pressure downstream of the delivery point and acknowledges that flow demands on SELLER'S system beyond the capacities stated in this paragraph will cause the quality, including pressure, of delivered steam to degrade. If SELLER is unable to maintain the pressure set forth in this paragraph due in whole or in part to BUYER'S operations, SELLER is relieved of any obligation to meet this requirement and shall operate at as high and stable a pressure as is commercially reasonable under the circumstances.
b. SELLER is not responsible for any actions taken by BUYER to operate, manage, or otherwise utilize BUYER'S equipment. BUYER is not responsible for any actions taken by SELLER to operate, manage, or otherwise utilize SELLER's equipment.
c. Steam produced by operation of the Facility:

1. The rate which BUYER shall be charged by SELLER for steam from the Facility is set forth in Exhibit B hereto and incorporated herein by reference. Exhibit B is confidential to the extent allowable by law.

2. SELLER shall seek to maximize the hours of Facility availability in excess of the Combustion Turbine Availability Guarantee. The terms of the Combustion Turbine Availability Guarantee are set forth in Exhibit A, which is attached hereto and incorporated herein. Exhibit A is confidential to the extent allowable by law.

California Paperboard Steam Sales Agreement Page 4 of 14 d. Adjustments in Steam Price.

Adjustments in steam price are set forth in Exhibit B which is confidential to the extent allowable by law.

6. CONDENSATE:
a. BUYER shall use reasonable good faith efforts to maintain a flow of condensate return to the Facility. The condensate returned to SELLER shall be supplied at the Condensate Delivery Point at a pressure of at least ten (10) psig.
b. SELLER shall not be required to accept condensate that does not meet the quality specifications contained in Paragraph 6(c) below, and unacceptable condensate shall not be considered as received by SELLER to meet BUYER'S obligations herein.
c. During periods of steam delivery to BUYER from SELLER, BUYER shall maintain condensate flows to SELLER that follow all the guidelines as measured at the Condensate Delivery Point outlined below:

1. No less than eight percent (8.0%) of the total heat energy, measured in MMBtu, delivered in the form of steam, both measured in the same time period.

2. Conductivity less than 50 microMhos;

3. Total Hardness less than 1 part per million;

4. Iron Content less than 0.2 parts per million;

5. Total Amine (Filmer) less than 30 parts per million;

6. PH level to be between 8.5 and 10.5; and

7. Quality and content of condensate shall meet federal, state and local laws and regulations relating to industrial waste disposal. d. SELLER may determine by using standard industry test procedures whether the condensate delivered from BUYER fails to meet the specifications set forth above. I f such a failure occurs and after reasonable notice to BUYER and a reasonable time for BUYER to remedy the failure to meet the specifications, SELLER shall, at its sole option, discontinue receipt of said condensate until such time BUYER remedies the circumstances causing such failure to SELLER'S satisfaction. Should SELLER discontinue receipt of condensate, BUYER, at its sole option, may refuse to accept steam from SELLER until such time as BUYER and SELLER jointly determine that condensate is once again acceptable to SELLER. Upon request from BUYER, SELLER shall provide the results of any condensate quality tests to BUYER.

California Paperboard Steam Sales Agreement Page 5 of 14 e. If the deliveries of condensate fall below these specifications for a significant period of time, SELLER may impose upon BUYER, and BUYER agrees to pay, reasonable charges to recover any additional expense incurred by SELLER related to the failure to deliver acceptable condensate .

7. WASTE WATER AND CONDENSATE RETURNS DISPOSAL.

BUYER shall be responsible for disposal of all condensate returns not suitable for delivery to SELLER as specified in Paragraph 6. SELLER shall be responsible for disposal of all wastewater produced by SELLER.

8. SHARED NATURAL GAS SUPPLY OPTIONS.

The Parties agree to discuss opportunities, which arise from time to time, that may bring economic advantages through the acquisition, purchase or transportation of common supplies of natural gas for use at both the Paper Mill and the Facility.

9. BUYER'S PAPER MAKING OPERATIONS.

BUYER shall promptly notify SELLER of any anticipated reduction in the requirement for SELLER'S steam for any reason beyond normal operating variations in demand.

10. MEASUREMENT AND TESTING.
a. At or near the Steam Delivery Point, SELLER shall at its expense operate and maintain in accurate working order its measuring station, properly equipped with recording orifice meters of a standard type which is acceptable to BUYER for the measurement of SELLER'S steam. At SELLER'S option, recording meters may be installed at the Condensate Delivery Point for BUYER'S condensate delivered hereunder . The foregoing steam and condensate measuring equipment is hereinafter referred to as the "Measuring Equipment." BUYER may view such Measuring Equipment and the readings thereof at all reasonable times and upon reasonable notice, but readings, calibrations, and adjustments thereof , shall be done solely by the employees or agents of SELLER. b. SELLER shall make periodic tests to the Measuring Equipment upon request of BUYER, but not more often than twice each year. SELLER shall give to BUYER reasonable notice of such tests of SELLER'S Measuring Equipment in order that BUYER may have its representative present. BUYER may challenge the accuracy of said equipment upon reasonable grounds to do so, and when reasonably challenged , the equipment shall be tested and repaired if SELLER deems repairs are necessary. If the Measuring Equipment challenged is found to be accurate and no repairs are needed, the test shall be paid for by BUYER.

If upon any test any Measuring Equipment is found to affect the measurement accuracy by an amount exceeding four percent (4.0%), registrations thereof shall be corrected for a period extending back to the time such inaccuracy occurred if such time is ascertainable. If not California Paperboard Steam Sales Agreement Page 6 of 14 ascertainable, then such correction shall extend back one-half of the time elapsed since the last calibration.
c. If any portion of said Measuring Equipment is out of service so that the quantity and/or temperature of SELLER'S steam and BUYER'S condensate delivered cannot be ascertained or corrected under this Paragraph, SELLER'S steam delivered and/or the temperature thereof during the period such measuring equipment is out of service shall be estimated and agreed upon by the Parties hereto, using the first of the following methods which is feasible:

1. By using the registration of any check Measuring Equipment if installed and accurately registering; or

2. By estimating the quantity of delivery and/or temperature thereof by averaging deliveries during the preceding periods under similar conditions, considering the power output of the Facility, when the Measuring Equipment was registering accurately.
d. BUYER may, at its option and expense, install and operate check measuring equipment to check SELLER'S Measuring Equipment.

However, measurement of SELLER'S steam and BUYER'S condensate for the purposes of this Agreement shall be by SELLER'S Measuring Equipment only. Any check measuring equipment installed shall be of a type acceptable to SELLER, shall not interfere with SELLER'S operations, and shall be subject at all reasonable times to inspection or examination by SELLER. The reading, calibration and adjustment of the check measuring equipment and changing of charts shall be done only by the employees or agents of BUYER.
e. The records from SELLER'S Measuring Equipment shall remain the property of SELLER and shall be kept for a period of not less than three (3) years. At any time within such period SELLER shall, upon request of BUYER and upon reasonable advance notice, permit BUYER to inspect and verify records from SELLER'S Measuring Equipment, together with calculations there from.

11. ACCOUNTING.
a. SELLER shall furnish BUYER, on or before the twenty-fifth (25th) day of each Billing Period, a billing statement showing the total quantity of heat energy delivered to BUYER at the Delivery Point during the preceding Billing Period. BUYER shall make full payment at such address as SELLER may designate from time to time, on or before twenty-one (21) days after the date of the statement. If payment has not been received by SELLER thirty (30) days after the due date SELLER may either suspend its deliveries of steam to BUYER or terminate this Agreement upon written notice to BUYER. The exercise of any such right by SELLER shall be in addition to any and all other remedies available to SELLER. In the event of a payment dispute between the Parties, so long as BUYER pays to SELLER any undisputed amounts in accordance with this Paragraph 11 (a) and notifies SELLER of the nature of the payment dispute, SELLER California Paperboard Steam Sales Agreement Page 7 of 14 shall not suspend delivery of steam or terminate this Agreement and, if the Parties cannot resolve such dispute within thirty (30) days, they shall submit the matter for mediation in accordance with Paragraph 27 hereof. b. Each Party shall have the right, at reasonable hours and upon reasonable notice, to examine the books, records and charts of the other Party to the extent necessary to verify the accuracy of any statement, payment, calculation or determination made pursuant to this Agreement. If any error or inaccuracy is discovered, adjustment of such statement, payment, calculation or determination shall be made as soon as practicable. c. In the event that BUYER shall be required to pay any additional amounts to SELLER or BUYER shall be entitled to any credits from SELLER pursuant to this Agreement, the amounts due or credits shall be calculated as of the close of the Pricing Year. Amounts due to SELLER shall be shown on the next billing statement rendered by SELLER and payable with the amounts due thereunder as set forth in Paragraph 11 (a).

Credits due to BUYER shall be shown on the next billing statement rendered by · SELLER and shall reduce the amount of such billing statement accordingly (and, in the event such credit due to BUYER is greater than the' amount due SELLER on such billing statement, at BUYER's option, SELLER shall either continue crediting future billing statements until such credit is exhausted or remit a payment for the difference to BUYER within thirty (30) days of BUYER's request therefor).

12. TAX LIABILITY.

Neither Party shall be responsible or liable for any taxes, assessment, fees or charges levied or assessed against any of the facilities of the other Party used for the purpose of carrying out the provisions of this Agreement.

13. TERM.

The term of this Agreement shall be as set forth in Exhibit B hereto, which is confidential to the extent allowed by law. Notwithstanding anything to the contrary contained herein, if BUYER elects to permanently cease all operations at the Paper Mill, BUYER may terminate this Agreement upon three hundred sixty five (365) days written notice to SELLER. Any such notice shall be confidential to the extent allowable by law.

14. FORCE MAJEURE.

Neither Party shall be considered to be in default in performance of any of its obligations under this Agreement when a failure of performance is due to an Uncontrollable Force. The term "Uncontrollable Force" as used in this Agreement, shall mean any cause beyond the reasonable control of the Party affected, and which by exercise of due diligence such Party could not reasonably have been expected to avoid and which by exercise of due diligence it has been unable to overcome or obtain or cause to be obtained a commercially reasonable substitute therefor. Such Uncontrollable Force includes the failure or threat of California Paperboard Steam Sales Agreement Page 8 of 14 failure of facilities, Act of God, flood, drought, earthquake, storm, tornado, fire, explosion, lightning, epidemic, public emergency, war, riot, civil disobedience, labor strike, labor dispute, labor or materials shortage (however labor or materials shortage does not include the mere inability to obtain that labor or material at a particular price), sabotage, restraint by court order, restraint by public authority, or action or non-action by governmental authority or accident.

No Party shall, however, be relieved of liability for failure of performance if such failure is due to causes arising out of its own negligence or due to removable or remediable causes which it fails to take reasonable efforts to remove or remedy within a reasonable time, or due to mere fluctuations in market prices. Nothing contained herein shall be construed to require a Party to settle any strike or labor dispute in which it may be involved. Either Party rendered unable to fulfill any of its obligations under this Agreement by reason of an Uncontrollable Force shall give prompt written notice of such fact to the other Party and shall exercise due diligence to remove such inability with all reasonable dispatch.

15. HOLD HARMLESS/INDEMNIFICATION.

To the extent permitted by law, BUYER agrees to protect, defend, hold harmless and indemnify City, i ts 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 reasonable attorney's fees in providing a defense to any claim arising therefrom, for which City shall become liable arising from BUYER's negligent, reckless or wrongful acts, errors, or omissions with respect to or in any way connected with the services performed by BUYER pursuant to this Agreement. To the extent permitted by law, SELLER agrees to protect, defend, hold harmless and indemnify BUYER, its officers, employees, contractors and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and reasonable attorney's fees in providing a defense to any claim arising therefrom, for which BUYER shall become liable arising from SELLER's negligent, reckless or wrongful acts, errors, or omissions with respect to or in any way connected with the services performed by SELLER pursuant to this Agreement .

16. NO CONSEQUENTIAL OR INDIRECT DAMAGES.

NEITHER PARTY TO THIS AGREEMENT SHALL BE LIABLE TO THE OTHER

PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES.INCLUDING DAMAGES FOR LOST

OPPORTUNITIES, LOST PROFITS FROM THIS AGREEMENT OR ANY

OTHER TRANSACTION, OR LOST SAVINGS, EVEN IF SUCH DAMAGES

WERE FORESEEABLE OR RESULT FROM A BREACH OF THIS
AGREEMENT.

17. COMPLIANCE WITH UTILITY RULES AND REGULATIONS.

All the provisions of the Rules and Regulations governing electric utility procedures and BUYER practices, as approved and amended by the City Council of the City of Santa Clara from time to time (hereinafter "Electric Utility Regulations"), shall remain in full force and effect and shall apply to the terms and conditions of this Agreement. In the event that the terms of this Agreement California Paperboard Steam Sales Agreement Page 9 of 14 conflict with the Rules and Regulations, the provisions of this Agreement shall govern.

18. ASSIGNMENTS AND SUCCESSORS IN INTEREST.

SELLER and BUYER bind themselves, their partners, successors, assigns, executors, and administrators to all covenants of this Agreement. Except as otherwise set forth in this Agreement, no interest in this Agreement shall be assigned or transferred, either voluntarily or by operation of law, without the prior written approval of the other Party, except that BUYER may assign this Agreement to an Affiliate, any entity that is directly or indirectly owned or controlled by BUYER or its ultimate corporate parent company, without the consent of SELLER; however, said Affiliate will be bound by all obligations hereunder and shall notify SELLER of the assignment (and of any change required with regard to the Notice provisions of this Agreement set forth in Article 21) prior to the end of the first Billing Cycle after assignee has received the assignment.

19. AMENDMENTS.

It is mutually understood and agreed that no alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the Parties hereto and incorporated into this Agreement.

20. INTEGRATED DOCUMENT/TOTALITY OF AGREEMENT.

This Agreement, its Exhibits and the City's Rules and Regulations embody the entire agreement between SELLER and BUYER and its terms and conditions. No other understanding, agreements, or conversations, or otherwise, with any officer, agent, or employee of SELLER prior to the execution of this Agreement shall affect or modify any of the terms or obligations contained in any document comprising this Agreement.

21. NO THIRD PARTY BENEFICIARY.

This Agreement shall not be construed or deemed 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 hereunder for any cause whatsoever.

22. NOTICES.

All notices to the Parties hereto shall, unless otherwise requested in writing, be sent to to one another via certified mail or nationally recognized overnight courier, with delivery deemed upon such Party's receipt thereof, addressed as follows:

California Paperboard Steam Sales Agreement Page 10 of 14 To SELLER:

Silicon Valley Power City of Santa Clara--Electric Department Attn: Director of Electric Utility
1500 Warburton Avenue
Santa Clara, California 95050
To BUYER (duplicate notices required):

California Paperboard
525 Mathew Street
Santa Clara, CA 95050
Attention: Mr. Charles Wall
With copy to:

The Newark Group, Inc.
5000 Austell Powder Springs Road, Suite 300
Austell, GA 30106
Attention: Legal Department

23. CAPTIONS.

The captions of the various sections, paragraphs and subparagraphs are for convenience only and shall not be considered or referred to in resolving questions of interpretation.

24. STATUTES AND LAW GOVERNING AGREEMENT.

This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California.

25. NON-WAIVER.

No waiver by a Party of all or any of its rights with respect to a condition, default or other matter arising in connection with this Agreement shall constitute or be deemed a waiver by such Party as to any subsequent condition, default or other matter.

26. RIGHTS AND REMEDIES.

Duties and obligations imposed by the Agreement and rights and remedies available thereunder shall be in addition to and not in limitation of duties, obligations, rights and remedies imposed by or available at law.

27. ALTERNATIVE DISPUTE RESOLUTION.

BUYER is bound to exhaust all administrative remedies required by the Electric Utility Regulations, as well as any other administrative remedies required by law.

In the event that BUYER exhausts all such administrative remedies, but continues to dispute items, then, prior to commencing any litigation against the California Paperboard Steam Sales Agreement Page 11 of 14 City of Santa Clara or SELLER, BUYER shall engage in Alternative Dispute Resolution as follows:
27 .1 Any controversies between BUYER and SELLER regarding the construction or application of this Agreement, and claims arising out of this Agreement or its breach, shall be submitted to mediation within thirty (30) days of the written request of one Party after the service of that request on the other Party.

27.2 The Parties may agree on one mediator. If they cannot agree on one mediator, the Party demanding mediation shall request that the Superior Court of Santa Clara County appoint a mediator. The mediation meeting shall not exceed one day (eight (8) hours). The Parties may agree to extend the time allowed for mediation under this Agreement.

27.3 The costs of mediation shall be borne by the Parties equally.

27.4 Mediation under this section is a condition precedent to filing an action in any court. In the event of litigation, which arises out of any dispute related to this Agreement, the Parties shall each pay their respective attorneys fees, expert witness costs and cost of suit, regardless of the outcome of the litigation.

28. CONFIDENTIALITY.

28.1 The Parties to this Agreement agree to maintain as confidential, to the extent permitted by law, that information contained in Exhibit B to this ' Agreement, as well as any other information exchanged by the Parties and clearly labeled by the Disclosing Party as "Confidential Information."

28.2 BUYER acknowledges that Santa Clara is a public agency subject to the requirements of the California Public Records Act Cal. Gov. Code section 6250 et seq. Santa Clara acknowledges that BUYER may submit information to Santa Clara that BUYER considers Confidential Information, proprietary, or trade secret information pursuant to the Uniform Trade Secrets Act (Cal. Civil Code section 3426 et seq.), or otherwise not subject to disclosure pursuant to an exemption to the California Public Records Act (Government Code section 6254 et seq.) BUYER acknowledges that Santa Clara may submit to BUYER information that Santa Clara considers Confidential Information or proprietary or not subject to disclosure pursuant to an exemption to the California Public Records Act (Government Code section 6254 et seq.).

Upon request or demand of any third person or entity not a Party to this Agreement ("Requestor") for production, inspection and/or copying of information contained in Exhibit A and B hereto or designated by a Disclosing Party as "Confidential Information", the Receiving Party as soon as practical, but within three (3) days of receipt of the request, shall notify the Disclosing Party that such request has been made by telephone call, letter sent via facsimile and/or by US Mail to the address and facsimile number listed at the end of the Agreement. The Disclosing Party shall be solely responsible for taking whatever legal steps are necessary California Paperboard Steam Sales Agreement Page 12 of 14 to protect information deemed by it to be "Confidential Information" and to prevent release of information to the Requestor by the Receiving Party. If the Disclosing Party takes no such action, after receiving the foregoing notice from the Receiving Party, the Receiving Party shall be permitted to comply with the Requestor's demand and is not required to defend against it.

29. OTHER AGREEMENTS.

This Agreement shall not prevent SELLER or BUYER from entering into similar agreements with others that do not conflict with the terms hereof.

30. CONSTRUCTION OF THIS AGREEMENT.

This Agreement, and each of its provisions, terms and conditions, has been reached as a result of negotiations between the Parties. Each Party has been represented by Counsel. Accordingly, each of the Parties expressly acknowledges and agrees that this Agreement shall not be deemed to have been authored by, prepared by, or drafted by any particular Party, and that the rule of construction to the effect ambiguities are to be resolved against the drafting Party shall not be employed in the interpretation of this Agreement or in the resolution of disputes. This Agreement is to be construed to effectuate the normal and reasonable expectations of a sophisticated BUYER of utility services and a sophisticated provider of such services and shall not be construed either for or against either Party.

31. NO PARTNERSHIP.

Neither SELLER nor BUYER is a partner in a joint venture with the other and nothing in this Agreement may be construed to make them partners or joint venturers or impose any liable as such on either of them. (Continued on Page 14 of 14)
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California Paperboard Steam Sales Agreement Page 13 of 14 Nov 0415 01 :15p Caraustar Legal 7707995990 p.2

32. ENFORCEABILITY.

If any provision of this Agreement is determined to be illegal or unenforceable, such determination will not affect any other provisions of this Agreement and all other provisions will remain in full force and effect.

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, and, the Parties agree that signatures on this Agreement, including those transmitted by facsimile , shall be sufficient to bind the Parties .

The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives . The Effective Date is the date that the final signatory executes the Agreement. It is the intent of the Parties that this Agreement shall become operative on the Effective Date.

CITY OF SANTA CLARA
doing business as Silicon Valley Power
Dated: \ \ I \3: J 1s
RICHARD E. NOSKY, JR. ~
City Attorney
"SELLER "
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
THE NEWARK GROUP, INC.
doing business as CALIFORNIA PAPERBOARD
Dated: __ ,,._-r----,,c=~---- -
By: Y¾~~
HA~fKUM'AR V. IYER
Vice President Sourcing, Logistics and FP&A
525 Mathew Street
Santa Clara, CA 95050
Telephone: (408) 727-7377
Facsimile: (408) 727-7282
"BUYER"
California Paperboard Steam Sales Agreement Page 14 of 14 AMENDMENT NO. 1 TO RENEW AND EXTEND

THE STEAM SALE AGREEMENT

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
THE NEWARK GROUP, INC.

PREAMBLE
This agreement ("Amendment No. 1") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City or Seller) and the Newark Group, Inc. a New Jersey corporation, (Buyer). Seller and Buyer may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."

RECITALS
A. The Parties previously entered into an agreement entitled "Steam Sales Agreement by and Between the City of Santa Clara and The Newark Group, Inc.," dated November 17, 2015 (Agreement); and
B. The Parties entered into the Agreement for the purpose of having the City provide the steam from the City's Cogen facility to the Customer for purchase for its use in the manufacture of recycled paper products at the Paper Mill.

C. The Parties now wish to renew and extend the Original Agreement to extend the Term of the Steam Sales Agreement one (1) additional year while further negotiating for future periods.

NOW, THEREFORE, the Parties agree as follows:

AMENDMENT TERMS AND CONDITIONS

1. Reinstatement of Agreement. The Termination of the Agreement is hereby revoked and, except as expressly modified by this Amendment, the Agreement is reinstated in its entirety and shall be in full force and effect as if the same had never been terminated.

2. Exhibit B, Section 1 of the Agreement, is amended to read as follows:

Term of Agreement: November 1, 2015 through October 31, 2021.

Amendment No. 1 to Agreement/The Newark Group, Inc.

Rev. 10/25/19

Page 1 ends

3. Except as set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. In case of a conflict in the terms of the Agreement and this Amendment No. 1, the provisions of this Amendment No. 1 shall control.

The Parties acknowledge and accept the terms and conditions of this Amendment No. 1 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:

BRIAN DOYLE
City Attorney
Digitally signed by Caio
Arellano
Dalo: 2021.03.1115:35:24
-08'00'
"CITY"

DEANN ANA
City Ma er
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
THE NEWARK GROUP, INC.
a New Jersey Corporation
Dated: 2/3/21
By (Signature): D.T. SGbt±
Name: David Scott, P.E.

Title: Vice President
Principal Place of 525 Mathew Street
Business Address: Santa Clara, CA 95050
Email Address: David.Scott&greif.com
Telephone: (770) 375-5176
"CUSTOMER"
Amendment No. 1 to Agreement/The Newark Group Inc.

Rev. 10/25/2019

Page 2 ends

AMENDMENT NO. 2

TO THE STEAM SALES AGREEMENT

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
THE NEWARK GROUP, INC.

PREAMBLE
This agreement ("Amendment No. 2") is entered into between the City of Santa Clara, California, a chartered California municipal corporation ("City" or "Seller") and the Newark Group, Inc., a New Jersey corporation ("Buyer"), with its principal place of business located at 525 Mathew Street, Santa Clara, California. Seller and Buyer may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."

RECITALS
A The Parties previously entered into an agreement entitled Steam Sales Agreement By and Between the City of Santa Clara and The Newark Group, Inc., dated November 17, 2015 (the "Original Agreement")
B. The Parties entered into the Original Agreement for the purpose of having the City provide the steam from the City's Cogen facility to the Buyer for purchase for its use in the manufacture of recycled paper products at the Paper Mill.

C. The Parties executed the Amendment No.1 to the Original Agreement on March 9, 2021 to extend the Term of the Sales Agreement to October 31, 2021 to provide additional time for Parties to negotiate the Sales Agreement renewal.

D. The Parties now wish to enter into Amendment No. 2 to the Original Agreement to extend the Term of the Steam Sales Agreement to March 31, 2022 to continue negotiations of a new Agreement.

NOW, THEREFORE, the Parties agree as follows:

AMENDMENT TERMS AND CONDITIONS

1. Exhibit B, Section 1 of the Agreement, is amended to read as follows: Term of Agreement: November 1, 2015 through March 31, 2022.

2. Except as set forth herein, all other terms and conditions of the Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Agreement as Amended and this Amendment No. 2, the provisions of this Amendment No. 2 shall control.

Amendment No. 2 to Agreement/*insert Contractor's name
Rev. 10/25/19

Page 1 ends

The Parties acknowledge and accept the terms and conditions of this Amendment No. 2 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:
~ ~
~ D NNAJ. S ~TANA Office of the City Attorney
City of Santa Clara
"CITY"
City anager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
THE NEWARK GROUP, INC.
a New Jersey corporation
Dated: October 11, 2021 ____ ....:...._ _____ _ _ _____ _ By (Signature): _D_.---_/_. _;S:::....CA!J'=--_tL _________ _ Name: DAVID SCOTT, P.E. _:....:....:_.c..:...... _ __:____,_=-::.._ _________ _ Title: Vice President
Principal Place of 525 Mathew Street
Business Address: Santa Clara, CA 95050
Email Address: [email protected]
Telephone: (770) 375-5176
"BUYER"
Amendment No. 2 to Agreement/The Newark Group, Inc.

Rev. 10/25/2019
Page2
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-180 Agenda Date: 3/8/2022

REPORT TO COUNCIL

SUBJECT
Action on Park & Recreation Commission’s Recommendation that Council Approve the Park Master Plan-Schematic Design for the New Public Mini-Park to be located at 5150 Calle Del Sol & 2350 Calle De Luna (Related - Tasman East Focus Area)

COUNCIL PILLAR
Enhance Community Sports, Recreational and Arts Assets

BACKGROUND
On November 13, 2018 the Santa Clara City Council adopted the Tasman East Specific Plan (TESP) which provides guidelines for future projects proposed within the 45-acre specific plan area boundaries. The TESP provides a framework for improvements to streets, the construction of greenways, and the dedication of parkland to support a high-density neighborhood near transit.

On December 4, 2019, the City’s Architectural Review Committee approved the Related development (Project). The Project encompasses approximately 5.52 acres and is bounded by Calle De Luna to the north, Calle Del Sol to the east, and Tasman Drive to the south. The Project site is within the Bridge District of the TESP. The Project is approved to construct two residential towers, one 20-story Home for the Ambulatory Aged, and one 22-story rental housing tower.

The Project will meet its parkland dedication requirements (SCCC 17.35) through a half-acre public mini park (Mini Park), eligible private on-site recreational amenities, and payment of City Mitigation Fee Act (MFA) fees due in-lieu of parkland dedication in compliance with City Code 17.35. The Mini Park will be designed and constructed by the developer, dedicated to the City in fee title, and will be maintained in perpetuity by the developer after dedication.

An initial schematic design for the half-acre Mini Park parcel was developed by Surfacedesign, Inc. landscape architects. The schematic design proposed includes: a small natural grass area, an enclosed off-leash dog area, play apparatus for children ages 2-5 and 6-12, benches, pathways, trees, and landscaping. The park and its amenities meet the Parks & Recreation Department’s public park design requirements: an inclusive, age-friendly, sustainable design; playgrounds for ages 2-5 and 6-12 that contain all developmentally appropriate elements of play; provision of safe accessible routes to and through the park, and connectivity to adjacent uses with public access from public right of way. New public parks are designed to meet the needs of the new residents in the immediate vicinity to reduce potential impacts on the City park system. The private residential on-site recreational spaces and amenities complement the public park program.

On November 16, 2021, the Parks & Recreation Commission reviewed the Developer’s presentation of the initial Park Master Plan-Schematic Design. The Commission provided initial comments and City of Santa Clara Printed on 3/4/2022Page 1 of 3
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22-180 Agenda Date: 3/8/2022
then initiated the public input and review process on the park master plan and schematic design.

Community Input
The Parks & Recreation Department hosted an online community survey from November 30, 2021 through December 14, 2021. There were 181 attendees who provided 152 responses which represents 7.6 hours of public comment. The park features favored for use were the loop walk (57%), quiet seating areas and playground (38%), and the off-leash dog area (32%). Less than a third of respondents thought any changes should be made to the design of the off-leash dog area (32%) and the playground (25%). The most important landscape element to respondents was shade trees (63%). The respondents primarily would access the park by driving (60%), which is consistent with the newness of the residential neighborhood and 54% of respondents living outside of the 95054 area. Given the size (less than one acre), location of this mini park (Tasman East area), and intended users (residents of adjacent housing), 62% of the respondents indicate visiting this park more than once a month. It is expected that the majority of park users will access the park in the afternoon and evening (75%), which would be addressed by the park lighting plan and intended use until 10:00 p.m. as a lit park facility.

Based on community feedback and recognizing that the Mini Park will be open until 10:00 p.m., additional lighting was incorporated into the design. Shade was also carefully considered by the design team. Given that the Mini Park is located on the North side of the proposed 7-story building, the need for additional shade trees at this location is limited. However, three (3) additional shade trees could be accommodated without negatively impacting the growth and health of the trees, therefore, were added to the design. It was also noted that the exact color schema of the playground surfacing and equipment may change based on what is available in the market.

DISCUSSION
On January 18, 2022, the Parks & Recreation Commission reviewed a presentation by Related California on the proposed Mini Park Master Plan-Schematic Design. After a brief discussion, the Commission unanimously recommended that Council approve the proposed Schematic Design- Master Plan for the New Public Mini-Park to be located at 5150 Calle Del Sol & 2350 Calle De Luna (Related - Tasman East Focus Area).

Council will review the Parks & Recreation Commission recommendation for approval of the proposed Mini Park Master Plan - Schematic Design (Attachment 1). Once approved, the Developer will complete the construction documents for building permit, execute Park Construction and Park Maintenance agreements, complete the improvements to the acceptance of the City, and record the parcel dedication and maintenance agreement with the County of Santa Clara. The Mini Park will take approximately 18 months to 2 years for completion and opening for the general public’s use.

Once dedicated and placed into the City’s park inventory, the park and its master plan will be subject to the conditions of Measure R, a voter approved initiative in November 2016, which added Section 714.1 Protection of Parkland and Public Open Space to the City Charter. Measure R prohibits selling, leasing, or otherwise disposing of parkland for a period of one hundred eighty (180) days or more, and also prohibits its use from changing, being abandoned, or discontinued without such sale, lease, disposal or changed use having first been authorized or ratified by a two-thirds majority vote of the electorate during a general municipal election for that purpose. Measure R also prohibits changes in park use for over 180 days without a majority vote of the electorate and substantial building, construction, reconstruction, or development upon dedicated parkland except pursuant to ordinance City of Santa Clara Printed on 3/4/2022Page 2 of 3
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22-180 Agenda Date: 3/8/2022
subject to referendum. The referendum process is set forth in the Elections Code.

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)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment. The activity covered by this residential development project is consistent with the Tasman East Specific Plan EIR.

FISCAL IMPACT
There is no fiscal impact to the General Fund for the current action. The developer will design, construct, dedicate to City and maintain the Mini Park in perpetuity, at no cost to the City.

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

RECOMMENDATION
Council approve the Park Master Plan - Schematic Design for the New Public Mini-Park to located at 5150 Calle Del Sol & 2350 Calle De Luna.

Reviewed by: James Teixeira, Director of Parks & Recreation Approved by: City Manager’s Office

ATTACHMENTS

1. Mini Park Master Plan - Schematic Design - 5150 Calle Del Sol & 2350 Calle De Luna City of Santa Clara Printed on 3/4/2022Page 3 of 3
powered by Legistar™
Tasman East © 2019 SurfaceDesign, Inc. All Rights Re-
Tasman East
5150 Calle Del Sol & 2350 Calle De Luna
Mini Park Design Follow-Up Presentation
*Colors are for illustrative purposes only and are subject to further development/material research ATTACHMENT 1
March 8, 2022
r■ RELATED SURFACEDESIGN INC
Tasman East © 2019 SurfaceDesign, Inc. All Rights Re-
Site Design
Calle De Luna
Lafayette Street
Tasman Drive
Calle Del Sol

HOME FOR THE

AMBULATORY
AGED

PARKING
GARAGE

MARKET-RATE

APARTMENTS
MINI
PARK
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r■ RELATED
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I I I
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SURFACEDESIGN INC
Tasman East © 2019 SurfaceDesign, Inc. All Rights Re-
Mini Park Program Diagram
PlaygroundPlayground
8,194 SQ FT8,194 SQ FT
Off-Leash Off-Leash
Dog AreaDog Area
3,278 SQ FT3,278 SQ FT
PlazaPlaza
PlazaPlaza
PlazaPlazaGreat Great
LawnLawn
2,770 SQ FT2,770 SQ FT
Total Mini Park Area = 0.5 Total Mini Park Area = 0.5
69’-5”69’-5”139’-10”139’-10”
47’-3”47’-3”
81’-7”81’-7”
34’-4”34’-4”
68’-8”68’-8”
--,
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--------~L-
[
□
□
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CALLE DE
LUNA

II RELATED SURFACEDESIGN INC
Tasman East © 2019 SurfaceDesign, Inc. All Rights Re-
Mini Park Circulation
ADA Accessible RouteADA Accessible Route
Park Loop
500 ft
[
□
□ <CJ

CALLE DE
LUNA
r■ RELATED
+--- ♦

SURFACEDESIGN INC
Tasman East © 2019 SurfaceDesign, Inc. All Rights Re-
Playground Off-Leash Dog Area
Plaza Plaza
* Colors are for illustrative purposes only and are subject to further development/material research Great Lawn
Plaza
Tasman East
5150 Calle Del Sol & 2350 Calle De Luna
Mini Park Design
r■ RELATED SURFACEDESIGN INC
Tasman East © 2019 SurfaceDesign, Inc. All Rights Re-
Additional Shade
Calle De Luna
(3) SHADE TREES ADDED
+
+
+
+
MG - Magnolia grandiflora
Southern Magnolia

SURFACEDESIGN INC
Tasman East © 2019 SurfaceDesign, Inc. All Rights Re-
Lighting Plan
Calle De Luna

MULTI-HEAD POLE LIGHT

TREE UPLIGHT

STREET POLE LIGHT
(1) Added Multi-head
Pole Light
(4) Added Tree
Uplight
•
••
0 II RELATED SURFACEDESIGN INC
Tasman East © 2019 SurfaceDesign, Inc. All Rights Re-
Local Inspiration : Color Palette
*Colors are for illustrative purposes only and are subject to further development/material research r■ RELATED SURFACEDESIGN INC
Tasman East © 2019 SurfaceDesign, Inc. All Rights Re-
Site Furnishings
Bicycle RackPark Bench
Tubular Bottle Filler w/
Drinking Fountain
& Pet Foutain
Free Standing Tubular
ADA Drinking Fountain
Pet Station
Mini Waste Station
Pet Waste Receptacle
r■ RELATED SURFACEDESIGN INC
Tasman East © 2019 SurfaceDesign, Inc. All Rights Re-
Final Mini Park Design
~

II RELATED SURFACEDESIGN INC
Recommendation:

That Council approve the Park Master Plan ‐
Schematic Design for the New Public Mini‐Park
located at 5150 Calle Del Sol & 2350 Calle De Luna.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-316 Agenda Date: 3/8/2022

REPORT TO COUNCIL

SUBJECT
Note and File the Strategy and Next Steps for the Sale of the Loyalton Ranch Property

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The City of Santa Clara owns and maintains approximately 10,270 rural acres of undeveloped land in Lassen and Sierra Counties near the California-Nevada border. The property is located in northeastern California, about 30 miles north of Truckee, CA, northeast of Sacramento, CA, and about 20 miles northwest of Reno, NV. The land is referred to locally as the Trosi Ranch, and within the City, as the Loyalton Ranch Property. The City purchased the property with electric utility funds in 1977 for $1,613,850 or $157/acre. The City’s Electrical Department doing business as Silicon Valley Power (SVP), is responsible for the maintenance of the property.

On December 14, 2021, the City Council discussed a potential sale of the Loyalton Ranch Property and directed staff to develop a strategy for the sale of the Loyalton Ranch Property and present it to the City Council at a future meeting. The purpose of this report is to discuss the next steps in the process and completed actions to date.

Completed Actions
To proceed in the consideration of the sale, staff has moved forward with a contract for outside counsel for legal support. The firm of Jarvis Fay & Gibson has been hired to provide legal support and guidance on the Surplus Land Act process.

Staff is also proceeding with obtaining an updated appraisal through Valbridge Property Advisers, who completed the previous appraisal on the property. Staff also explored hiring additional “local” appraisers to perform a separate appraisal for comparison purposes. However, after contacting six firms, none were able to provide the service mostly due to capacity constraints.

New Information Since 12/14/21 Council Meeting
On January 19, 2022, staff attended a virtual meeting with representatives from Related and energyRE regarding the Loyalton Ranch Property. Related communicated that they were aware of the property and wanted to learn more about it as a possible future opportunity for renewable energy generation. The energyRE team was focused on understanding the current property uses and topography, as well as adjacency to high voltage transmission lines. However, if Related or any other private entity were interested in purchasing or long term leasing the property, they would need to negotiate with the City through the Surplus Land Act process.

City of Santa Clara Printed on 3/4/2022Page 1 of 4
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22-316 Agenda Date: 3/8/2022

DISCUSSION
The consideration for sale of the Loyalton Ranch Property will start with the Surplus Land Act process. If that process is not successful, staff will proceed with a selection process for a realtor for Council consideration. While this could be a parallel process, there is not sufficient staff capacity to complete a selection process for a service that might not be needed if the Surplus Land Act process is successful.

Surplus Land Act Explained
The purpose of the Surplus Land Act (Gov. Code §§ 54220 et seq.; “SLA”) is to increase the amount of land available for low-income housing as well as recreation and transit-oriented housing. The SLA requires prioritization of these uses when selling or leasing public land that is no longer required for City use. The SLA applies to all general law and charter cities as well as JPAs, successor agencies, and housing authorities. (Gov. Code § 54221 (a)(1).) In 2019, the legislature adopted AB 1486 which contained sweeping amendments to the SLA. These amendments generally broadened the definition of surplus land, narrowly defined the type of land/transactions that are exempt from the SLA, limited certain contracts and terms, required more extensive coordination/notification of the State Department of Housing and Community Development (“HCD”), and added penalties for disposing of surplus land in violation of the SLA.

Generally, the SLA identifies three types of land: (1) land necessary for “agency use,” (2) land no longer necessary for agency use but exempt from most of the SLA (“exempt surplus land”), and (3) land no longer necessary for agency use that is not exempt (“surplus land”). “Agency use” is defined as land that is being used or that has a planned use “pursuant to a written plan adopted by the local agency’s governing board.” Agency use does not include commercial or industrial uses, including retail, entertainment, office, or any property disposed of for the sole purpose of investment or revenue generation. (Gov. Code § 54221(c).)
When the City desires to dispose of land that is not necessary for agency use, the SLA requires the City to take a variety of steps intended to promote use of that land for affordable housing.

Staff does want to note that the SLA exempts agency to agency land transfers. As noted in previous staff reports on the Loyalton Ranch Property, the California Department of Fish and Wildlife (CDFW) has expressed interest in the property, and the City could informally discuss a transfer to CDFW outside the SLA process. The City would ultimately declare the land "exempt surplus" instead of "surplus," and could sell to CDFW without complying with the notice and other requirements of the SLA. Staff is not proposing to take this approach and will instead follow the SLA process, which will still provide an opportunity for CFDW to submit an offer. This allows CFDW to express their interest and reduces unnecessary additional work by the City.

Surplus Land Act Process
It is very important to note that the City is not taking any action to start the SLA process tonight , but just outlining the process for Council information. Below is a summary:

1. Before SLA process begins: City declares the Loyalton Ranch Property to be surplus land and issues a Notice of Availability for the Loyalton Ranch Property.

2. 60 days after Notice of Availability: City negotiates with interested parties for at least 90 City of Santa Clara Printed on 3/4/2022Page 2 of 4
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days (which negotiation period cannot begin until 60 days has expired).

3. Notify HCD after negotiations but before final disposition: City must provide details of the negotiation/disposition to HCD.

4. Disposition: City can dispose of Loyalton Ranch Property pursuant to the negotiations or outside the SLA process if no negotiations occur or if negotiations are unsuccessful.

Further details are provided below, and additional information will be provided as part of future Council discussions.

Step 1. Declare Loyalton Ranch Property to be surplus land at a regular City Council meeting.

When the City desires to dispose of land not necessary for agency use, it must first declare the land surplus at a regular public meeting. (Gov. Code § 54221(b)(1).) At that meeting, the City must make written findings supporting the declaration that the land is “surplus land.” (Id.) Those findings are intended to demonstrate that the Loyalton Ranch Property is no longer suitable for “agency use”.

Staff will bring an item for Council Consideration in a May/June 2022 timeframe.

Step 2. Issue Notice of Availability for Loyalton Ranch Property.

After declaring the Loyalton Ranch Property to be surplus land but prior to disposition or negotiations for the transfer, the City must send a written Notice of Availability (“NOA”) to certain parties designated in the SLA in the form provided in Appendix A to the HCD Guidelines. (Gov. Code §54222; HCD Guidelines, 201.)
Step 3. Receive NOA responses and conduct negotiations
After the City issues the NOA, it cannot take any action to dispose of the Loyalton Ranch Property for 60 days. If the City receives one or more responses to the NOA within those 60 days, the City must engage in good faith negotiations with the responding parties for at least 90 days. The 90-day negotiation period cannot begin until the first day following expiration of the 60-day NOA period.

There are very specific requirements regarding accepting and rejecting offers which will be further discussed when and if the process continues.

Step 4. Final disposition
If negotiations are successful, the City may formally sell the Loyalton Ranch Property.

Next Steps

1. Complete an updated Appraisal for the property.

2. Per Council request, schedule tours of the property for Councilmembers who are interested to visit the site.

3. Schedule for Council consideration declaration of the property as Surplus Land. Staff expects to schedule this for a May/June 2022 timeframe.

ENVIRONMENTAL REVIEW
The discussion on the potential sale of Government Property is not a project within the meaning of the California Environmental Quality Act (“CEQA”). If the City Council directs further action to City of Santa Clara Printed on 3/4/2022Page 3 of 4
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proceed toward a proposed sale of a surplus government property, the project review will include analysis in accordance to CEQA Guidelines section 15206(b)(4), 15312 and 15061(b)(3).

FISCAL IMPACT
Current anticipated costs include outside counsel support at an amount set forth in the confidential legal services agreement. The updated appraisal will cost approximately $5,500. Funding for these costs is available in the Electric Utility Fund.

RECOMMENDATION
Note and File the Strategy and Next Steps for the sale of the Loyalton Ranch Property.

Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: City Manager’s Office
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-360 Agenda Date: 3/8/2022

REPORT TO COUNCIL

SUBJECT
Action on a Resolution Extending AB 361 Implementation to Allow City Legislative Bodies to Hold Public Meetings Solely by Teleconference or Otherwise Electronically During the Governor’s Proclaimed COVID State of Emergency

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
On March 17, 2020, Governor Gavin Newsom issued Executive Order N-29-20 which suspended the Brown Act teleconferencing requirements so that legislative bodies could hold public meetings solely by teleconference, or otherwise electronically, without listing the teleconference locations and without any physical location, as long legislative bodies followed a set of requirements for noticing the meeting agenda and public participation, among other things. Subsequently on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which sunset the Brown Act provisions of Executive Order N-29-20 on September 30, 2021.

On September 16, Governor Newsom signed AB 361 into law which allows local agencies to use teleconferencing without complying with specific Brown Act restrictions in certain state emergencies until January 1, 2024, at which point they are to be repealed, and the standard Brown Act teleconference requirements become effective again. The bill was an urgency measure, and it went into effect immediately.

On October 19, 2021, November 16, 2021, December 14, 2021, January 11, 2022, and February 8, 2022, the City Council approved Resolutions Nos. 21-9013, 21-9023, 21-9038, 22-9042, and 22- 9051, respectively, to allow City Legislative bodies to hold public meetings solely by teleconference or otherwise electronically pursuant to AB 361.

DISCUSSION
AB 361 amended Government Code Section 54943 to allow a local agency to use teleconferencing for public meetings without requiring the teleconference location to be accessible to the public or a quorum of the members of the legislative body of the agency to participate from locations within the boundaries of the agency’s jurisdiction during a Governor-proclaimed state of emergency in certain circumstances.

In order for a local agency to utilize AB 361’s exemption to the Brown Act, there must be certain emergency conditions present. These include:
· There being a state-proclaimed state of emergency, and state or local officials have imposed City of Santa Clara Printed on 3/4/2022Page 1 of 4
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or recommended measures to promote social distancing.
· The Council is meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, that meeting in person would present imminent risks to the health and safety of attendees; or
· The Council is meeting during a proclaimed state of emergency and has determined, by majority vote, that in-person meetings would pose health and safety risks to attendees.

In order for the City’s legislative bodies to continue meeting remotely with the exemptions to the Brown Act provided for under AB 361, the Council is required to take certain actions, most of which the City is already implementing:
· The City must continue providing notice of meetings and continue to post agendas as the Brown Act requires to the agency’s website,
· The City must continue allowing for public access to the meeting, while allowing for a public comment period to directly address the legislative body pursuant to Brown Act’s other teleconferencing provisions,
· The City must continue giving notice for how the public can access the meeting and provide public comment, including a call-in or internet-based service option (no physical location required),
· The City must continue providing the public with the opportunity to comment in real time (with the option of additionally allowing comments to be submitted in advance, if the agency desires),
· The City must stop the meeting until public access is restored in the event of a service disruption, and
· No later than 30 days after the first teleconferencing meeting and every 30 days thereafter, the Council will have to reconsider the circumstances of the state of emergency to determine if remote meeting procedures need to remain in place.

The legislative body must make certain findings by majority vote every 30 days to continue using the AB 361 Brown Act teleconferencing requirements. Because the City Council approved Resolution No. 9051 on February 8, 2022, the next Council meeting to extend the resolution is March 8, 2022.

Failure to approve this extension would result in City Council, boards, and commissions meeting being unable to meet fully virtual without exposing the locations of each member’s location on the posted agendas.

Beginning on March 11, 2020 and continuing every 60 days thereafter, the City Council has continued its proclamation of local emergency based on substantial evidence that the public interest and necessity require the continuance of the proclamation of local emergency related to COVID-19.

On September 21, 2021, the Santa Clara County Public Health Officer recommended that public bodies continue to meet remotely to the extent possible due to the continued threat of COVID-19 to the community, the unique characteristics of public governmental meetings, and the continued increased safety protection that social distancing provides as one means by which to reduce the risk of COVID-19 transmission. On November 2, 2021, emergency use of the Pfizer COVID vaccine was authorized for children ages 5-11. On that same day, Santa Clara county moved back into the substantial (orange) COVID-19 transmission tier. On November 22, 2021, Santa Clara county moved to the moderate (yellow) COVID-19 transmission tier. On November 25, 2021, scientists identified the latest COVID-19 variant, Omicron, which has prompted concern among scientists and public health officials because of an unusually high number of mutations that have the potential to make the City of Santa Clara Printed on 3/4/2022Page 2 of 4
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virus more transmissible and less susceptible to existing vaccines. On December 13, 2021, the California Department of Public Health reinstituted its statewide mask mandate, requiring all individuals, regardless of their vaccination status, to wear face coverings in indoor public settings from December 15, 2021 through January 15, 2022 due to a 47% increase in the statewide seven- day average case rate and 14% increase in hospitalizations since Thanksgiving . In light of the rapid
surge in cases due to the Omicron variant, on December 28, 2021, the County of Santa Clara Health Officer issued a health order requiring up-to-date COVID-19 vaccination for workers in certain higher- risk settings. The new order builds on recent changes in the State Health Officer’s vaccination requirements by mandating up-to-date vaccination by workers in certain healthcare and long-term care settings. As of February 3, 2021, new daily Covid-19 cases are on the decline since the surge from the Omicron variant. However, California Covid-19 deaths continue to rise and hospitalizations remain elevated. On February 27, 2022, the Santa Clara County Public Health Officer rescinded the health order requiring the use of face covering indoors effective March 2, 2022. However, the Santa Clara County Public Health Officer continues to recommend that all persons continue to wear face coverings when indoors. The California Department of Public Health continues to require masking in higher-risk settings such as public transit, healthcare facilities, shelters, jails, and long-term care facilities. While Santa Clara County has met the required masking metrics (80% of the population vaccinated, COVID-19 hospitalizations in the jurisdiction are low and stable, seven consecutive days with the seven-day rolling average of new cases at 550 or below) to transition to a strong recommendation for indoor masking, the county remains in the “medium” level of the Centers for Disease Control and Prevention’s new COVID-19 community level framework. These associated emergency conditions are on-going and there is a need to continue teleconferencing for public meetings without posting the teleconferencing locations on the agenda and without requiring the teleconference locations to be accessible to the public during the current Governor-proclaimed COVID-19 state of emergency. The state of emergency continues to directly impact the ability of the City’s legislative bodies to meet safely in person, and City officials continue to impose or recommend public health safety measures.

It is recommended that the Council adopt a resolution to make requisite findings to allow the City’s legislative bodies to continue to hold public meetings solely by teleconference or otherwise electronically so long as the state of emergency and social distancing measures continue. The Council will have to take action on a monthly basis to reassess and reaffirm such findings to continue meeting remotely.

The proposed Resolution is attached.

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)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.

FISCAL IMPACT
There is no fiscal impact other than administrative time and expense.

COORDINATION
This report has been coordinated with the City Manager’s Office, City Attorney’s Office, and City Clerk’s Office.

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RECOMMENDATION
Adopt a Resolution finding the continued existence of the need to extend AB 361 implementation to allow the City’s legislative bodies to hold public meetings solely by teleconference or otherwise electronically pursuant to AB 361.

Reviewed by: Nadine Nader, Assistant City Manager
Approved by: City Manager’s Office

ATTACHMENTS

1. Resolution
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Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 1 of 5 Rev: 11/22/17

RESOLUTION NO. _

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

FINDING THE CONTINUED EXISTENCE OF THE NEED TO
EXTEND AB 361 IMPLEMENTATION TO ALLOW CITY

LEGISLATIVE BODIES TO HOLD PUBLIC MEETINGS SOLELY

BY TELECONFERENCE OR OTHERWISE ELECTRONICALLY
PURSUANT TO AB 361

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

WHEREAS, the City of Santa Clara is committed to preserving and nurturing public access and participation in meetings of the City’s City Council, Council Committees, City Decision-Making Bodies (including Santa Clara Stadium Authority Board, Sports and Open Space Authority, Housing Authority, Successor Agency to the City of Santa Clara Redevelopment Agency, Bayshore North Project Enhancement Authority, and Public Facilities Financing Corporation), City Boards, Committees and Commissions, Taskforces, and Other City Advisory Entities; WHEREAS, all meetings of City of Santa Clara’s legislative bodies are open and public, as required by the Ralph M. Brown Act (California Government Code Sections 54950, et seq., hereinafter referred to as the “Brown Act”), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; WHEREAS, the Brown Act allows a local legislative body to hold public meetings by teleconference and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to attend and to address the local legislative body, as long as the following requirements are met: (1) each teleconference location from which a member is participating is noticed on the agenda; (2) each teleconference location is accessible to the public; (3) members of the public must be able to address the body at each teleconference location; (4) at least one member of the legislative body must be physically present at the location specified in the meeting agenda; and (5) during teleconference meetings, at least a quorum of the members of the local body must participate from locations within the local body’s territorial jurisdiction;
WHEREAS, on March 17, 2020, Governor Gavin Newsom issued Executive Order N-29-20 ----
Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 2 of 5 Rev: 11/22/17

which suspended the Brown Act teleconferencing requirements so that legislative bodies can hold public meetings solely by teleconference, or otherwise electronically, without listing the teleconference locations and without any physical location, as long as the agenda that is posted 72 hours in advance indicates that the members of the legislative body will be participating by teleconference, provides the teleconference or webinar access information by which the public may participate electronically, and lists the procedure for individuals with disabilities to request reasonable accommodations;
WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which sunsets the Brown Act provisions of Executive Order N-29-20 on September 30, 2021; WHEREAS, on September 16, 2021, Governor Newsom signed urgency ordinance AB 361 which allows a local agency to use teleconferencing for public meetings without posting the teleconferencing locations on the agenda and without requiring the teleconference locations to be accessible to the public during a Governor-proclaimed state of emergency pursuant to California Government Code Section 8625 et seq, if the state of emergency continues to directly impact the ability of the members of its legislative bodies to meet safely in person or state or local officials continue to impose or recommend measures to promote social distancing; WHEREAS, in light of the continued state of emergency related to COVID-19, the Santa Clara County Public Health Officer continues to recommend that public bodies meet remotely to the extent possible, specifically including use of newly enacted AB 361 to maintain remote meetings under the Ralph M. Brown Act and similar laws, as outlined in their “Recommendation Regarding Continued Remote Public Meetings of Governmental Entities” issued on September 21, 2021;
WHEREAS, on October 19, 2021, November 16, 2021, December 14, 2021, January 11, 2022, February 8, 2022, and March 8, 2022, the City Council approved Resolutions Nos. 21-9013, 21-9023, 21-9038, 22-9042, and 22-9051, respectively, to allow City Legislative bodies to hold public meetings solely by teleconference or otherwise electronically pursuant to AB 361; Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 3 of 5 Rev: 11/22/17

WHEREAS, on November 2, 2021, federal, state and local health officials authorized emergency use of the Pfizer COVID vaccine for children ages 5-11, and may consider emergency authorization of the COVID vaccine for children under age 5 within the next few months;
WHEREAS, on November 22, 2021, Santa Clara County moved into the moderate (orange) COVID-19 transmission tier;
WHEREAS, on November 25, 2021, scientists identified the latest COVID-19 variant, Omicron, which has prompted concern among scientists and public health officials because of an unusually high number of mutations that have the potential to make the virus more transmissible and less susceptible to existing vaccines; WHEREAS, on December 13, 2021, the California Department of Public Health reinstituted its statewide mask mandate, requiring all individuals, regardless of their vaccination status, to wear face coverings in indoor public settings from December 15, 2021 through January 15, 2022 due to a 47% increase in the statewide seven-day average case rate and 14% increase in hospitalizations since Thanksgiving;
WHEREAS, in light of the rapid surge in cases due to the Omicron variant, on December 28, 2021, the County of Santa Clara Health Officer issued a health order requiring up-to-date COVID-19 vaccination for workers in certain higher-risk settings. The new order builds on recent changes in the State Health Officer’s vaccination requirements by mandating up-to-date vaccination by workers in certain healthcare and long-term care settings; WHEREAS, as of February 3, 2021, new daily Covid-19 cases are on the decline since the surge from the Omicron variant. However, California Covid-19 deaths continue to rise and hospitalizations remain elevated;
WHEREAS, on February 27, 2022, the Santa Clara County Public Health Officer rescinded the health order requiring the use of face covering indoors effective March 2, 2022. However, the Santa Clara County Public Health Officer continues to recommend that all persons continue to Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 4 of 5 Rev: 11/22/17

wear face coverings when indoors. The California Department of Public Health continues to require masking in higher-risk settings such as public transit, healthcare facilities, shelters, jails, and long-term care facilities. While Santa Clara County has met the required masking metrics (80% of the population vaccinated, COVID-19 hospitalizations in the jurisdiction are low and stable, seven consecutive days with the seven-day rolling average of new cases at 550 or below) to transition to a strong recommendation for indoor masking, the county remains in the “medium” level of the Centers for Disease Control and Prevention’s new COVID-19 community level framework;
WHEREAS, Government Code Section 54953(e)(3) requires that the City Council review the need and make findings for continuing the teleconferencing without complying with the agenda posting and public comment requirements at least once every thirty (30) days until Governor terminates the state of emergency; and,
WHEREAS, the associated emergency conditions are on-going and there is a need to continue teleconferencing for public meetings without posting the teleconferencing locations on the agenda and without requiring the teleconference locations to be accessible to the public during the current Governor-proclaimed COVID-19 state of emergency and if approved, will be in effect for 30 days and will expire on April 7, 2022 unless staff returns to City Council on or before April 7, 2022 to request to continue the need for teleconferencing.

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

1. That the City Council hereby finds that the state of emergency conditions related to COVID-19, as set forth in Resolution No. 22-9051 adopted on February 8, 2022 and incorporated herein by reference, are on-going.

2. That the City Council finds that there is a need to continue teleconferencing for public meetings without posting the teleconferencing locations on the agenda and without requiring the teleconference locations to be accessible to the public during the current Governor-proclaimed Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 5 of 5 Rev: 11/22/17

COVID-19 state of emergency.

3. That the City Council finds that the state of emergency continues to directly impact the ability of members of the City’s City Council, Council Committees, City Decision-Making Bodies (including Santa Clara Stadium Authority, Sports and Open Space Authority, Housing Authority, Successor Agency to the City of Santa Clara Redevelopment Agency, Bayshore North Project Enhancement Authority, and Public Facilities Financing Corporation), City Boards, Committees and Commissions, Taskforces, and Other City Advisory Entities to meet safely in person.

4. That City officials continue to impose or recommend measures to promote social distancing in City facilities.

5. That members of the City Council, Council Committees, City Decision-Making Bodies, City Boards (including Santa Clara Stadium Authority Board, Sports and Open Space Authority, Housing Authority, Successor Agency to the City of Santa Clara Redevelopment Agency, Bayshore North Project Enhancement Authority, and Public Facilities Financing Corporation), Committees and Commissions, Taskforces, and Other City Advisory Entities are authorized to use teleconferencing, or other electronic means, to hold its public meetings without noticing the teleconferenced locations on the agenda, without making teleconferenced or physical locations accessible to the public, without posting agendas at teleconferenced locations, without requiring members of the legislative bodies to be physically present at the meeting, and without requiring a quorum of the members of the legislative body to participate from locations with the City’s jurisdiction, as long as the agenda that is posted at least 72 hours in advance indicates that members of the legislative body may be participating electronically, provides the teleconference or webinar access information by which the public may participate electronically, and lists the procedure for individuals with disabilities to request reasonable accommodations, in compliance with AB 361, Government Code Section 54953(e).

6. That the Assistant City Clerk is hereby directed to report to the City Council within thirty

(30) days on the need to further continue teleconferencing for public meetings without posting Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 6 of 5 Rev: 11/22/17

the teleconferencing locations on the agenda and without requiring the teleconference locations to be accessible to the public during the current Governor-proclaimed COVID-19 state of emergency.

7. 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: None
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-111 Agenda Date: 3/8/2022

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Action on Stadium Authority Bills and Claims for the Month of November 2021

BOARD PILLARS
Enhance Community Engagement and Transparency
Ensure Compliance with Measure J and Manage Levi’s Stadium

BACKGROUND
Disbursements made by the Stadium Authority are based on invoices submitted for payment. Prior to payment, staff reviews all disbursement documents to ensure that they are in compliance with the goods or services provided.

The Bills and Claims listing represents the cash disbursements required of normal and usual operations during the period. Budget control is set by the Stadium Authority Board through the budget adoption process.

DISCUSSION
On April 30, 2019 the Stadium Authority Board directed staff to stop payment of any Stadium Authority invoices for services unless there is substantial documentation of services rendered, which must also be in compliance with State law and City Code. Since April 30, 2019, staff received direction to pay Stadium Authority invoices related to SBL sales and services, insurance, and utilities.

At the March 23, 2021 Stadium Authority Board meeting, the Executive Director was delegated authority to approve budget amendments of $4.2 million to move funds from the Legal Contingency line item to Shared Expenses after the review of adequate documentations for costs based on Board direction. Subsequent to that direction, Stadium Authority staff met at Levi’s Stadium on March 30, 2021 to review documentation for shared expenses. After follow-up meetings with the Stadium Manager, payments related to compensation that were reviewed and approved for monthly payment, totaling $4.2 million for the fiscal year.

In addition, at the March 23, 2021 Stadium Authority Board meeting, the Board approved staff recommendations to direct the Stadium Manager to provide a procurement plan/schedule that demonstrates the ability to manage the Stadium with the proper standard of care and that addresses the highest priority projects while balancing the potential need for City resources. Subsequent to that direction, the Stadium Manager has submitted requests to the Board for approval; to be awarded purchase order(s) related to capital projects.

Significant expenses in November 2021 include:
· Payments totaling $258,332.61 to the City of Santa Clara for the following:

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o $209,334.20 for reimbursement of General and Administrative (G&A) City payroll costs (e.g.: Executive Director’s Office (City Manager’s Office), Counsel’s Office (City Attorney’s Office), and Treasurer’s Office (Finance Department)) o $46,251.10 for the Senior and Youth Fees collected ($0.35 per ticket) for four National Football League (NFL) games.
o $2,747.31 for reimbursement of SCSA G&A costs
· Payments totaling $817,515.52 to Forty Niners Stadium Management Co, LLC for the following:
o $190,000.00 for December 2021 Stadium Manager Expenses - Insurance o $180,000.00 for December 2021 Stadium Manager Expenses - SBL Sales & Services o $8,300.00 for December 2021 Stadium Manager Expenses - Compensation for Grounds
o $21,455.00 for December 2021 Stadium Manager Expenses - Compensation for Guest Services
o $33,495.00 for December 2021 Stadium Manager Expenses - Compensation for Security
o $136,515.00 for December 2021 Stadium Manager Expenses - Compensation for Engineering
o $136,978.00 for December 2021 Stadium Manager Expenses - Compensation for Stadium Ops
o $51,902.00 for December 2021 Stadium Manager Expenses - Compensation for Procurement
o $8,000.00 for December 2021 Stadium Manager Expenses - Lender Fees o $34,750.00 for December 2021 Stadium Manager Expenses - Other G&A o $778.59 for CapEx Reimbursement for CapEx Project - Lift Station o $791.25 for CapEx Reimbursement for CapEx Project - Non-Slip Floor Matting o $778.59 for CapEx Reimbursement for CapEx Project - Tunnel Slip and Fall Protection o $13,772.09 for CapEx Reimbursement for CapEx Project - Key Management System · Payment totaling $13,440.15 to Concur Technologies, Inc for CapEx Project - FMS Project · Payment totaling $737.12 to Dell Marketing, L.P for CapEx Project - Security Command Center Equipment
· Payments totaling $9,873.60 to J.S. Held LLC for September - October 2021 Audit Services · Payment totaling $107,120.00 to KPMG LLP for SCSA 2021/21 Audit · Payment totaling $50,347.50 to Rigaku Analytical Devices for CapEx Project - Rigaku Handheld Chemical Detector
· Payment totaling $11,657.50 to Wilson Ihrig for July - September 2021 Noise Monitoring · Payments totaling $54,711.78 for September - October 2021 Legal Services Certain information such as names of law firms have been redacted from the Bills and Claims report.

The Supreme Court of California in Los Angeles County Board of Supervisors v. Superior Court, (2016) 2 Cal.5th 282, held that invoices specifying the amounts billed by a law firm to a client fall within the scope of attorney-client privilege while the matters are active. In accordance with the Supreme Court’s ruling, the names of law firms retained by the Stadium Authority have been redacted from the public report to maintain confidentiality of billing records for legal services.

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22-111 Agenda Date: 3/8/2022

FISCAL IMPACT
There is a $1,325,112.12 fiscal impact to the Stadium Authority.

COORDINATION
This report has been coordinated with the Stadium Authority Counsel’s Office.

RECOMMENDATION
Approve the list of Stadium Authority Bills and Claims for November 2021.

Reviewed by: Kenn Lee, Treasurer
Approved by: Executive Director’s Office

ATTACHMENTS

1. November 2021 SCSA Bills and Claims
City of Santa Clara Printed on 3/4/2022Page 3 of 3
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Payment Date Vendor Invoice No. Description Fund Amount 11/15/2021 Bank of America N/A October 2021 bank fees acct 0444 CapEx 1,140.46 11/15/2021 Bank of America N/A October 2021 bank fees acct 0425 Operating 178.26 11/15/2021 Bank of America N/A October 2021 bank fees acct 6280 Operating 57.62 Bank of America Subtotal 1,376.34
11/12/2021 City of Santa Clara N/A B2120 SCSA Admin Payroll Costs Operating 38,454.57 11/12/2021 City of Santa Clara N/A B2121 SCSA Admin Payroll Costs Operating 46,834.86 11/18/2021 City of Santa Clara N/A B2122 SCSA Admin Payroll Costs Operating 124,044.77 11/22/2021 City of Santa Clara N/A Senior/Youth Fee NFL Game 5 Operating 22,668.80 11/23/2021 City of Santa Clara N/A Senior/Youth Fee NFL Game 6 Operating 23,582.30 11/18/2021 City of Santa Clara N/A Reimburse City of Santa Clara for SCSA G&A Costs Operating 2,747.31 258,332.61
11/30/2021 Forty Niners Stadium Management Co, LLC SLS-23255 December 2021 Std Mgr - Insurance Operating 190,000.00 11/30/2021 Forty Niners Stadium Management Co, LLC SLS-23255 Dece mber 2021 Std Mgr - SBL Sales & Svcs Operating 180,000.00 11/30/2021 Forty Niners Stadium Management Co, LLC SLS-23255 December 2021 Std Mgr - Compensation for Grounds Operating 8,300.00 11/30/2021 Forty Niners Stadium Management Co, LLC SLS-23255 December 2021 Std Mgr - Compensation for Guest Svcs Operating 21,455.00 11/30/2021 Forty Niners Stadium Management Co, LLC SLS-23255 December 2021 Std Mgr - Compensation for Security Operating 33,495.00 11/30/2021 Forty Niners Stadium Management Co, LLC SLS-23255 December 2021 Std Mgr - Compensation for Engineering Operating 136,515.00 11/30/2021 Forty Niners Stadium Management Co, LLC SLS-23255 December 2021 Std Mgr - Compensation for Stad Ops Operating 136,978.00 11/30/2021 Forty Niners Stadium Management Co, LLC SLS-23255 December 2021 Std Mgr - Compensation for Procurement Operating 51,902.00 11/30/2021 Forty Niners Stadium Management Co, LLC SLS-23255 December 2021 Std Mgr - Lender Fees Operating 8,000.00 11/30/2021 Forty Niners Stadium Management Co, LLC SLS-23255 December 2021 Std Mgr - Other G&A Operating 34,750.00 11/5/2021 Forty Niners Stadium Management Co, LLC SLS-23247 CapEx Proj - Lift Station CapEx 778.59 11/5/2021 Forty Niners Stadium Management Co, LLC SLS-23247 CapEx Proj - Non-Slip Floor Matting CapEx 791.25 11/5/2021 Forty Niners Stadium Management Co, LLC SLS-23247 CapEx Proj - Tunnel Slip and Fall Protection CapEx 778.59 11/12/2021 Forty Niners Stadium Management Co, LLC SLS-23240 CapEx Proj - Key Management System CapEx 13,772.09 Forty Niners Stadium Management Co, LLC Subtotal 817,515.52 11/8/2021 Concur Technologies, Inc 100100010972 CapEx Proj - FMS Project CapEx 4,480.05 11/8/2021 Concur Technologies, Inc 101200150015 CapEx Proj - FMS Project CapEx 4,480.05 11/8/2021 Concur Technologies, Inc 101400169800 CapEx Proj - FMS Project CapEx 4,480.05 Concur Technologies, Inc Subtotal 13,440.15
11/5/2021 Dell Marketing, L.P. 10521161082 CapEx Proj - Security Command Center Equipment CapEx 737.12 11/5/2021 J.S. Held LLC 1291754 September 2021 Audit Services Operating 6,558.60 11/19/2021 J.S. Held LLC 1297423 October 2021 Audit Services Operating 3,315.00 J.S. Held LLC Subtotal 9,873.60
11/5/2021 KPMG LLP 8003814385 SCSA 2020/21 Audit Services Operating 107,120.00 11/5/2021 Rigaku Analytical Devices 17107 CapEx Proj - Rigaku Handheld Chemical Detector CapEx 50,347.50 Santa Clara Stadium Authority
Bills and Claims
Expenses Paid by Wire Transfer
For the Month of November 2021

Page 1 of 2 ends

Payment Date Vendor Invoice No. Description Fund Amount Santa Clara Stadium Authority
Bills and Claims
Expenses Paid by Wire Transfer
For the Month of November 2021
11/24/2021 Wilson Ihrig 16125N38 July - September 2021 Noise Monitoring Operating 11,657.50 Various September 2021 Legal Services Operating 38,744.26 Various October 2021 Legal Services Operating 15,967.52 Legal Services Subtotal 54,711.78
November 2021 Total 1,325,112.12$

Page 2 of 2 ends

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1582 Agenda Date: 3/8/2022

REPORT TO COUNCIL

SUBJECT
Action to Waive First Reading and Introduce an Ordinance Approving a Military Equipment Funding, Acquisition and Use Policy Pursuant to Assembly Bill 481; and Note and File Recommendation Submitted by the Task Force on Diversity, Equity and Inclusion to Adopt AB481 Policy and Ordinance

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
On September 30, 2021, Governor Newsom signed a series of policing reform bills aimed at increasing transparency of peace officer misconduct records, improving policing responsibility and accountability guidelines, raising eligibility standards, banning harmful restraint techniques, and creating a public forum for the purchase of military equipment. Assembly Bill (AB) 481 codified law enforcement’s acquisition, use, and funding of military equipment. The information presented in this report and its attachments fulfills the requirements of AB 481.

DISCUSSION
The City of Santa Clara is in the heart of Silicon Valley and home to Fortune 500 company headquarters, California’s Great America theme park, Santa Clara University, Silicon Valley Power and Levi’s Stadium. In turn, it serves as a destination for corporate board meetings, dignitary visits, major events, and visitors from around the globe. The community assets county-wide and throughout the region are even more significant. As a result, the risk of domestic terrorism or a high-level terrorist incident in the area is real.

In enacting AB 481, the Legislature stated that the public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials in an effort to increase transparency, accountability and oversight. The same applies to the public’s right to participate in any government agency’s decision to fund, acquire, or use such equipment. Furthermore, the state legislature stated that local agency decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, civil liberties, and public input.

The bill requires law enforcement agencies that seek to continue use of military equipment acquired prior to January 1, 2022, accomplish the following by May 1, 2022:
· Draft a Military Equipment Use Policy that describes each piece of military equipment and the authorized uses for each piece of equipment to include:
o A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment;
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o The purposes and authorized uses for which the law enforcement agency proposes to use each type of military equipment;
o The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment; o The legal and procedural rules that govern each authorized use; o The training, including any course required by the Commission on Peace Officer Standards and Training (“POST”), that must be completed before any officer, agent, or employee of the law enforcement agency’s allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy; o The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy; and, o The procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
· Seek approval of the Policy from their governing body by Ordinance before acquiring new military equipment or seeking funds for equipment purchases; and, · Make publicly available on the agency’s website any proposed or final military equipment use policy for as long as the military equipment is available for use.

At least annually after the adoption of a Military Equipment Use Policy, the law enforcement agency shall prepare an annual military equipment report to include:
· A summary of how the military equipment was used and the purpose of its use; · A summary of any complaints or concerns received concerning the military equipment; · The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response;
· The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report;
· The quantity possessed for each type of military equipment; · If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment; and, · Within 30-days of submitting the annual military equipment report, a law enforcement agency must hold at least one “well-publicized and conveniently located community engagement meeting,” to allow for public discussion of the report.

The governing body shall annually review the Military Equipment Purchase and Use Ordinance and vote on whether to renew the ordinance at a regular meeting. During its review, the governing body shall consider the annual report and determine whether each type of military equipment has complied with specified standards for approval.

If the City Council does not approve the continuing use of military equipment within 180-days of City of Santa Clara Printed on 3/4/2022Page 2 of 14
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submission of the proposed Military Equipment Purchase and Use Policy, the Police Department shall cease its use of the military equipment until it receives the approval of the City Council in accordance with AB 481 effective April 30, 2022.

Historical Perspective on Types of Equipment Acquired by Law Enforcement The Columbine High School massacre in Colorado was a school shooting and failed bombing that occurred on April 20, 1999, murdering 12 students and one teacher. Twenty-one (21) additional people were injured by gunshots, and gunfire was also exchanged between the perpetrators and police. Another three (3) people were injured trying to escape.

At that time, law enforcement followed a traditional strategy of waiting for multiple highly trained tactical teams to arrive, formulate a structured and deliberate plan that may include surrounding the building, setting up a perimeter, containing the damage and slowly and methodically conduct room by room sweeps of the facility to locate and stop the threat. In this case, the results of the traditional strategy were catastrophic.

The Columbine incident became one of the most studied active-shooter massacres, resulting in the introduction of the Immediate Action Rapid Deployment tactic (IARD). Rapid deployment is defined as, “the swift and immediate deployment of law enforcement resources, singular or in teams, to on- going, life threatening situations where delayed deployment could otherwise result in death or great bodily injury to innocent persons.” IARD expects the first arriving officer on scene to take charge and neutralize the threat; this places regular officers in situations of increased risk. To achieve this goal, additional training and specialized equipment are required. Through case studies, law enforcement agencies have learned IARD generally results in a suspect suicide once confronted by armed responders. Secondary measures are put in place to limit access to potential victims and rescue injured persons once the threat is mitigated.

It should be noted, IARD tactics are not a substitute nor the same as conventional response tactics to situations, such as a barricaded subject.

Since Columbine, the United States has experienced a multitude of active shooter and deadly terrorist attacks at sporting events (e.g. Boston Marathon bomber), places of worship (Wisconsin Sikh temple, Pittsburgh synagogue, Overland Park Jewish Community Center), entertainment venues (Orlando nightclub, Las Vegas concert, San Bernardino attack), mitigate vehicle borne attacks (Charlottesville, New York City, University of Oklahoma), retail outlets (El Paso Walmart), attacks of military bases (Fort Hood, Pensacola Naval Air Station) and aircraft hijackings (World Trade Center, Pentagon and Shanksville on September 11).

After significant research, testing and practical application, law enforcement agencies have been trained and equipped with the tools to combat terrorism and high-risk criminal behavior at the local level. Responding to situations in which one or more people are engaged in on-going aggressive, deadly behavior, requires swift contact to mitigate the public safety threat and vast resources.

Locally, we are not immune from critical incidents. Santa Clara County has experienced critical incidents, and those that could have become such. Our Police Department has been involved in responding to the following situations in recent years:

Date Incident Brief Summary of Incident
July 4, 2019 California’s Great America
theme park
Large fight resulting in a shooting at the
front gate
July 28,
2019
Gilroy Garlic Festival Shooting Gunman killed three people and wounded 17 August 5,
2020
Santa Clara County Main Jail Gunman restrained in handcuffs fired several rounds at officers in Main Jail
sallyport. Containment took four hours *
August 9,
2020
Santa Clara County Main Jail Driver slammed through Main Jail security gate and refused to surrender *
May 26,
2021
VTA Railyard Shooting Nine people killed
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Date Incident Brief Summary of Incident
July 4, 2019 California’s Great America
theme park
Large fight resulting in a shooting at the
front gate
July 28,
2019
Gilroy Garlic Festival Shooting Gunman killed three people and wounded 17 August 5,
2020
Santa Clara County Main Jail Gunman restrained in handcuffs fired several rounds at officers in Main Jail
sallyport. Containment took four hours *
August 9,
2020
Santa Clara County Main Jail Driver slammed through Main Jail security gate and refused to surrender *
May 26,
2021
VTA Railyard Shooting Nine people killed
*At the times of these incidents, the Santa Clara Police Department had officers in the jail booking area with their own arrestees and assisted in the peaceful resolution of the situation at hand.

In each instance, the corresponding agency’s inventory of safety equipment and weaponry allowed the law enforcement agency to confront the situation with multiple tools according to the need to bring a safe, peaceful resolution for the involved parties, the public and officers. In each case, responding officers evaluated the actions, capabilities, and intentions of the suspects. The equipment available created an opportunity to influence sound decisions by providing time, distance, and cover.

In none of the above cases, did police use deadly force.

On a routine frequent basis, the Police Department is faced with situations that can potentially be resolved with less lethal tactics as a result of having the appropriate training and resources available, such as welfare checks, warrant service, uncooperative individuals subject to arrest, high risk car stops, barricaded subjects, etc.

Many of the tools the Police Department utilizes to address critical incidents and high-risk criminal behavior at the local level have become industry standards among law enforcement agencies throughout the country. Without these tools and current technology, the Police Department would have to completely re-think operations and tactics to safely resolve situations and protect personnel.

AB 481 Definition of Military Equipment
AB 481 defines “Military equipment” as follows and differentiates the equipment by category:
(Category 1) Unmanned, remotely piloted, powered aerial or ground vehicles; (Category 2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.

However, police versions of standard consumer vehicles are specifically excluded from this subdivision;
(Category 3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision;
(Category 4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a City of Santa Clara Printed on 3/4/2022Page 4 of 14
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tracked system instead of wheels for forward motion;
(Category 5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units; (Category 6) Weaponized aircraft, vessels, or vehicles of any kind; (Category 7) Battering rams, slugs, and breaching apparatuses that are explosive in nature.

However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision; (Category 8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision;
(Category 9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision;
(Category 10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency; (Category 11) Any firearm or firearm accessory that is designed to launch explosive projectiles; (Category 12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray; (Category 13) Taser Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD);
(Category 14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons; and, (Category 15) Any other equipment as determined by a governing body or a state agency to require additional oversight.

For added clarity, nothing in this bill prohibits law enforcement from obtaining any of the above equipment, but rather AB 481 creates a public process for getting approval on the type of equipment that is authorized and the uses for that equipment. Please note, as described further below, SCPD possesses equipment in only 7 of the 15 categories listed.

Current Santa Clara Police Department Equipment Meeting Military Equipment Designation For decades, the Federal government has provided billions of dollars in equipment to state and local law enforcement agencies through unused excess equipment transfers (1033 Program), asset forfeiture programs and Federal grants. Our Department has been the benefactor of Asset Forfeiture Funds and Federal grants (e.g. Bullet Proof Vest Grant, Edward Byrne Justice Assistance Grant, Citizens’ Option for Public Safety Grant, State Homeland Security Grant, Urban Areas Security Initiative Grant, etc.); however, our Department has not applied for or received designated military equipment through the 1033 Program.

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equipment and cannot supplant other funding sources.

The equipment purchased by the Police Department is intended for use to save civilian lives, protect law enforcement personnel, reduce risk for the City and enhance public safety. Secondarily, the equipment also creates cover, distance, and time to slow the decision-making process. Doing so, allows responding officers to take in and evaluate the totality of the circumstances, resulting in increased safety and reduced risk for everyone involved.

Many of the items designated by AB 481 as military equipment have been in our Police Department’s equipment inventory for decades.

Use of this equipment is built into the Police Department’s operating procedures and provide a snapshot of their respective functionality. A summary of the types of equipment in the Police Department’s possession, examples of how this equipment has (and, can) be utilized as well as the source for original funding is below.

Equipment Purpose Authorized
Use
Example of
Types of Law
Enforcement
Uses
Purchase
Funding
Source
In Use by
SCPD
Since
Robot and
Unmanned
Aircraft
(Equipment
Category 1)
To be used to
remotely gain
visual/audio
data, deliver
CNT phone,
open doors,
disrupt
packages, and
clear buildings.

Could be
utilized in major
collision
investigations,
search for
missing
persons,
natural disaster
management,
crime scene
photography,
SWAT, tactical
or other public
safety and life
preservation
missions, in
response to
specific
requests from
local, state or
federal fire
authorities for
fire response
and/or
prevention
Only assigned
operators who
have
completed the
required
training shall be
permitted to
operate either
piece of
equipment. Use
is established
by the Incident
Commander
Robot • Highly
mobile way to
conduct
sophisticated,
live audio and
video
surveillance to
prevent,
investigate or
fight crime •
Deliver item(s)
to a suspect
Unmanned
Aircraft •
Disaster
response and
damage
assessment •
Locate missing
persons and
rescue events •
Identify, locate
and apprehend
non-compliant,
threatening or
combative
persons who
pose a threat of
injury or death
to themselves,
others or
officers •
Suspected
explosive
device •
Dangers that
would benefit
from situational
intelligence
exposed from
an aerial
perspective •
Video /
photographic
documentation
of crime
Robot Grant
Unmanned
Aircraft Grant *
2005
Armored
Rescue
Vehicle
(Equipment
Category 2)
To be used in
response to
critical
incidents to
enhance officer
and community
safety, improve
scene
containment
and
stabilization,
and assist in
resolving
critical
incidents
The use of
armored
vehicles shall
only be
authorized by a
watch
commander or
SWAT
commander,
based on the
specific
circumstances
of a given
critical incident.

Armored
vehicles shall
be used only by
officers trained
in their
deployment
and in a
manner
consistent with
Department
policy and
training
• Evacuation of
innocent
individual(s) •
Functions as a
rolling shield to
allow law
enforcement
personnel to
safely get
closer to a
location and/or
gain access to
a location •
Send message
or warning tone
over significant
distance • Hail a
suspect from
being
barricaded
Grant ** 2010
Command
and Control
Vehicles
(Equipment
Category 5)
To be utilized
for critical
incident
callouts
The CNT
vehicle used by
officers and
staff who have
been properly
trained in the
safe handling
of the vehicle.

The driver of
the vehicle
shall have a
valid California
driver license
• Serve as a
safe, secure
workspace for
staff on scene
of a crime
scene or critical
incident • Tool
to carry
equipment
associated with
work
Grant, General
Fund and City’s
disposal/reuse
program
2002
Breaching
equipment
(Equipment
Category 7)
To safely gain
entry into a
structure
Explosive
breaching may
only occur after
authorization
by the Incident
Commander or
SWAT
Commander in
the field, and
during training
exercises
• Force open
closed and/or
locked doors •
Diversionary
tactic when
trying to take a
dangerous
suspect into
custody
Grant, General
Fund and Asset
Forfeiture
Program
2007
Specialized
Firearms and
Ammunition
(Equipment
Category 10,
12 and 14)
To be used as
precision
weapons to
address a
threat with
more precision
and/or greater
distances than
a handgun, if
present and
feasible
Only members
that are POST
certified are
authorized to
use a rifle
• Non-lethal tool
to stop an
armed subject
at various
distances •
Device to
create a
temporary
diversionary
tactic when
trying to take a
dangerous
suspect into
custody
Grant, General
Fund and Asset
Forfeiture
Program
1975 -
2000
depending
on the item
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22-1582 Agenda Date: 3/8/2022
Equipment Purpose Authorized
Use
Example of
Types of Law
Enforcement
Uses
Purchase
Funding
Source
In Use by
SCPD
Since
Robot and
Unmanned
Aircraft
(Equipment
Category 1)
To be used to
remotely gain
visual/audio
data, deliver
CNT phone,
open doors,
disrupt
packages, and
clear buildings.

The driver of
the vehicle
shall have a
valid California
driver license
• Serve as a
safe, secure
workspace for
staff on scene
of a crime
scene or critical
incident • Tool
to carry
equipment
associated with
work
Grant, General
Fund and City’s
disposal/reuse
program
2002
Breaching
equipment
(Equipment
Category 7)
To safely gain
entry into a
structure
Explosive
breaching may
only occur after
authorization
by the Incident
Commander or
SWAT
Commander in
the field, and
during training
exercises
• Force open
closed and/or
locked doors •
Diversionary
tactic when
trying to take a
dangerous
suspect into
custody
Grant, General
Fund and Asset
Forfeiture
Program
2007
Specialized
Firearms and
Ammunition
(Equipment
Category 10,
12 and 14)
To be used as
precision
weapons to
address a
threat with
more precision
and/or greater
distances than
a handgun, if
present and
feasible
Only members
that are POST
certified are
authorized to
use a rifle
• Non-lethal tool
to stop an
armed subject
at various
distances •
Device to
create a
temporary
diversionary
tactic when
trying to take a
dangerous
suspect into
custody
Grant, General
Fund and Asset
Forfeiture
Program
1975 -
2000
depending
on the item
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Equipment Purpose Authorized
Use
Example of
Types of Law
Enforcement
Uses
Purchase
Funding
Source
In Use by
SCPD
Since
Robot and
Unmanned
Aircraft
(Equipment
Category 1)
To be used to
remotely gain
visual/audio
data, deliver
CNT phone,
open doors,
disrupt
packages, and
clear buildings.

The driver of
the vehicle
shall have a
valid California
driver license
• Serve as a
safe, secure
workspace for
staff on scene
of a crime
scene or critical
incident • Tool
to carry
equipment
associated with
work
Grant, General
Fund and City’s
disposal/reuse
program
2002
Breaching
equipment
(Equipment
Category 7)
To safely gain
entry into a
structure
Explosive
breaching may
only occur after
authorization
by the Incident
Commander or
SWAT
Commander in
the field, and
during training
exercises
• Force open
closed and/or
locked doors •
Diversionary
tactic when
trying to take a
dangerous
suspect into
custody
Grant, General
Fund and Asset
Forfeiture
Program
2007
Specialized
Firearms and
Ammunition
(Equipment
Category 10,
12 and 14)
To be used as
precision
weapons to
address a
threat with
more precision
and/or greater
distances than
a handgun, if
present and
feasible
Only members
that are POST
certified are
authorized to
use a rifle
• Non-lethal tool
to stop an
armed subject
at various
distances •
Device to
create a
temporary
diversionary
tactic when
trying to take a
dangerous
suspect into
custody
Grant, General
Fund and Asset
Forfeiture
Program
1975 -
2000
depending
on the item
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Equipment Purpose Authorized
Use
Example of
Types of Law
Enforcement
Uses
Purchase
Funding
Source
In Use by
SCPD
Since
Robot and
Unmanned
Aircraft
(Equipment
Category 1)
To be used to
remotely gain
visual/audio
data, deliver
CNT phone,
open doors,
disrupt
packages, and
clear buildings.

The driver of
the vehicle
shall have a
valid California
driver license
• Serve as a
safe, secure
workspace for
staff on scene
of a crime
scene or critical
incident • Tool
to carry
equipment
associated with
work
Grant, General
Fund and City’s
disposal/reuse
program
2002
Breaching
equipment
(Equipment
Category 7)
To safely gain
entry into a
structure
Explosive
breaching may
only occur after
authorization
by the Incident
Commander or
SWAT
Commander in
the field, and
during training
exercises
• Force open
closed and/or
locked doors •
Diversionary
tactic when
trying to take a
dangerous
suspect into
custody
Grant, General
Fund and Asset
Forfeiture
Program
2007
Specialized
Firearms and
Ammunition
(Equipment
Category 10,
12 and 14)
To be used as
precision
weapons to
address a
threat with
more precision
and/or greater
distances than
a handgun, if
present and
feasible
Only members
that are POST
certified are
authorized to
use a rifle
• Non-lethal tool
to stop an
armed subject
at various
distances •
Device to
create a
temporary
diversionary
tactic when
trying to take a
dangerous
suspect into
custody
Grant, General
Fund and Asset
Forfeiture
Program
1975 -
2000
depending
on the item
*Purchase and corresponding policy approved however item not yet acquired. **This item was purchased with UASI funds and therefore is a regional law enforcement asset.

The current decisions surrounding the acquisition of equipment are presented to the City Council at a high-level during consideration of the standard budget process or in a more detailed manner through a Report to City Council, and procurement of such equipment adheres to the City’s purchasing processes. The use of such equipment is governed by the Police Department’s Use of Force Policy #300.

In addition, the California Peace Officer Standards and Training (POST) requirements for operation and deployment of this equipment is managed by the Police Department’s Training Unit. In many cases, POST, vendor provided trainings or cross-training among surrounding law enforcement agencies are implemented as new legislation and tools are deployed.

All Santa Clara Police Department policies and procedures that govern safe-handling, storage, and qualification on specified equipment remain in effect. This includes but is not limited to California Occupational Safety and Health Agency (OSHA) certification of energetic breaching operators, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) oversight of energetic breaching materials, Police Department weapons storage procedures, and ATF oversight of Noise Flash Diversionary Devices.

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The Police Department’s existing procedure manual, many of which have been incorporated into Lexipol, address appropriate use and deployment of controlled equipment addressing the protection of civil rights and civil liberties.

AB 481 requires law enforcement to publicly release a written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, the topics described above. The Policy must be approved by the City Council via Ordinance, with findings of the following:
· The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; · The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties;
· If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and, · Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

Annually, the Police Department will prepare and present to the City Council annual report, and distribute it on the City’s website 30 days prior to the City Council meeting where the following items are reviewed:
· The quantity possessed for each type of military equipment as of the date of the annual report; · Summary of how the military equipment was used and the purpose of its use; · Summary of any concerns or complaints received involving the use of military equipment; · The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response;
· Total annual cost of each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade and other ongoing costs; and, · Acquisition plans (including source of funds) for the coming year, type and quantity.

SCPD’s draft Lexipol Policy #706 addresses each aspect required per AB 481 and includes an inventory of military equipment in our Department’s possession effective January 1, 2022. It should be noted, the Department has received prior City Council approval to acquire equipment through Asset Forfeiture Funds (RTC #21-629) and Federal Grants (RTC #22-1559). As these and any future purchases are made, equipment which meets the military equipment designation will be added to the Department’s inventory and included in the annual report.

In our Department’s case, the proposed Military Equipment Purchase and Use Policy provides for a secondary level of oversight. The Chief’s Advisory Committee will be utilized as a local civilian sounding board prior to a recommendation to City Council to request or acquire controlled equipment. While the Chief’s Advisory Committee is advisory to the Chief of Police and not City of Santa Clara Printed on 3/4/2022Page 10 of 14
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authorized to have power or authority to investigate, review or otherwise participate in matters involving specific personnel or play a role in civil or criminal litigation, as appropriate the committee may be utilized for after-action analysis reports for significant incidents involving federally provided or federally funded equipment.

More recently, the City of Santa Clara also established a Task Force on Diversity, Equity, and Inclusion. This group serves as another sounding board on recommendations to policies that help the City achieve equal treatment under the law.

Additionally, developing a complete Department-wide equipment inventory, with amortization details (e.g. expiration date or anticipated life, estimated cost to replace, etc.), has long been a goal of the Police Department. In recent years, staffing levels have prohibited this project from becoming a reality.

Community Engagement
SCPD exceeded the requirements of AB 481 and conducted the following community engagement:

January 10, 2022
- The Police Department distributed information on its website and social media (e.g. GovDelivery, Facebook, Instagram, Nextdoor, Nixle, Twitter) about a virtual Community Meeting on February 10, 2022 from 6:30 p.m. - 8:00 p.m. The following topics were included in the announcement:
· Purpose of the new legislation, AB 481
· Definition of military equipment
· SCPD’s military equipment inventory
· SCPD’s proposed equipment funding, acquisition and use policy · Pending annual report requirement
· Community engagement and public access to materials
At the same time, the following content was uploaded on the Police Department’s website:
· Full text of AB 481
· SCPD’s summary of AB 481
· AB 481 Defined list of military equipment currently in SCPD’s possession · Draft Lexipol Policy 706
January 24, 2022
- The Police Department facilitated a virtual discussion among the Chief’s Advisory Committee (CAC). Overall, CAC members were very supportive of the continued use of the Police Department’s existing equipment, particularly among the seasoned CAC members that have participated in hands-on use of force exercises over the last three years. New CAC members were pleased to learn about the Department’s existing training requirements, Department policies, ways in which the community can share concerns and commendations, how long the Department has had the equipment and stories about the application of its use. Although the new members haven’t had the same opportunities for experiential learning, this topic garnered quite a bit of interest in some of the Police Department’s pending plans for the CAC.

The CAC also raised inquiries about the safe and proper storage this equipment and the practicality of tracking its use.

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February 2, 2022 - The Police Department facilitated an in-person discussion among the Policing Community Engagement/Relations Subcommittee of the Task Force on Diversity, Equity and Inclusion (DEI) Task Force. DEI focused its conversation with the Police Department on the importance of the messaging to the community, emphasizing the importance of de-escalation and having safe and effective tools in place to create time, distance and cover. Since DEI has recently conducted a review of Police Department policies and participated in use of force scenarios, it had a solid foundation on the guidelines currently in place for addressing critical incidents.

February 7 and 10, 2022
- The Police Department distributed a reminder on its’ website and social media about the pending meeting.

February 10, 2022
- The Police Department conducted a virtual Community Meeting. At any given time, there were approximately 32-34 individuals logged into the meeting. Of those, nine (9) were City of Santa Clara employees and another handful represented other law enforcement agencies that are also engaged in the AB 481 implementation process, at varying stages. While it is unknown how many of the remaining participants live in the City of Santa Clara, their interests were varied, including: clarification of the legislation and role of the governing body, semantics between equipment and weaponry, comment about the perception that police equipment funding diverts dollars from other needs throughout the City at-large, interest in the costs of maintaining equipment and time spent training, inquiry about why certain pieces of equipment utilized by the Police Department (e.g. conducted electronical weapon) are not included in equipment inventory, question about whether Lexipol was consulted on the policy and a request for information about who was invited to participate in the public meeting.

In two cases, meeting participants shared concerns about police militarization. In each case, an alternate means for reaching a safe, peaceful resolution was not offered by the speaker.

In one case, a meeting participant expressed concern about the Police Department providing this level of detail publicly for fear that someone with ill intentions (e.g. critical incident, theft, etc.) now has significant information about the availability of local resources. Law enforcement agencies share this concern.

February 28, 2022
- The Task Force on Diversity, Equity and Inclusion (DEI) held a special meeting (RTC 22-330) to discuss the recommendation from the Policing Community Engagement/Relations Subcommittee regarding the Department’s proposed Policy #706 to address the requirements of AB 481.

Task Force members inquired about the lifespan of the equipment, the collaboration of regional assets in mutual aid situations and discussed the potential for adding minority owned small businesses as a preference in the City’s procurement process. In turn, DEI took the following actions:
· Noted and filed a verbal report from the Policing and Community Engagement/ Relations Subcommittee on their efforts to analyze the proposed AB481 Policy and Ordinance; and, · Accepted the recommendation from the Policing and Community Engagement/Relations Subcommittee to craft a letter expressing the support of the full Task Force to be sent to the City Council on behalf of the entire Task Force.

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March 4, 2022 - The Police Department distributed information on its’ website and social media regarding the pending City Council meeting on March 8, 2022, including a link to RTC #22-1582. The information also included ways to view and/or offer feedback in the meeting.

This degree of community engagement exceeds the requirements of AB 481.

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)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.

FISCAL IMPACT
The Police Department secures approximately $175,000 in asset forfeiture funds and $500,000 in local, State and Federal grants for education programs, enforcement operations, equipment and training annually.

AB 481 requires law enforcement agencies that seek to continue use of military equipment acquired prior to January 1, 2022, to approve an annual Military Purchase and Equipment Use Policy by May 1, 2022. Without such, the Police Department will be required to cease the use of approximately $1,093,178 in the Department’s operating equipment.

Without City Council approval, the Police Department’s ability to respond to a critical incident, and provide mutual aid when called upon, would be detrimental to the safety of the public, involved parties in the incident and increase the City’s risk exposure.

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

RECOMMENDATION
Waive First Reading and Introduce an Ordinance Approving a Military Equipment Funding, Acquisition and Use Policy Pursuant to Assembly Bill 481; and Note and File Recommendation submitted by the Task Force on Diversity, Equity and Inclusion to Adopt AB481 Policy and Ordinance.

Reviewed by: Pat Nikolai, Chief of Police
Approved by: City Manager’s Office

ATTACHMENTS

1. Assembly Bill 481
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2. Draft Police Department Policy #706, including AB 481 Defined List of Military Equipment in SCPD’s possession

3. Ordinance

4. Recommendation to Adopt AB481 Policy and Ordinance from the Task Force on Diversity, Equity and Inclusion
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~ STATE OF CALIFORN IA
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Assembly Bill No. 481
CHAPTER406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment. [Approved by Governor September 30, 2021. Filed with
Secretary of State September 30, 2021.)

LEGISLATIVE COUNS EL'S DIGEST
AB 481, Chiu. Law enforcement and state agencies: military equipment:
funding, acquisition, and use .

Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution ofits powers and duties as the state agency for the distribution offederal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property.

Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.

This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing 92 Ch. 406 -2-
additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies .

This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency's internet website, and provide a copy of the policy to the Governor or the Governor's designee, as specified . The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.

This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

By adding to the duties of local officials with respect to the funding, acquisition, and use of milita1y equipment, this bill would impose a state-mandated local program .

The California Constitution requires local agencies , for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonsh·ating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutmy provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows :

SECTION 1. The Legislature finds and declares all of the following :
(a) The acquisition of milita1y equipment and its deployment in our communities adversely impacts the public's safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties , and physical and psychological well -being , and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.
(b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency's decision to fund, acquire, or use such equipment.
( c) Decisions regarding whether and how milita1y equipment is funded, acquired, or used should give strong consideration to the public's welfare, safety, civil rights , and civil liberties, and should be based on meaningful public input.
92 -3- Ch. 406
( d) Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public's welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.
(e) The lack of a public forum to discuss the acquisition of militaiy equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.

SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:

CHAPTER 12.8. FUNDING, ACQUISITION, AND USE OF MILITARY

EQUIPM ENT
7070. For purposes of this chapter, the following definitions shall apply:
(a) "Governing body" means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff's department or a district attorney's office, "governing body" means the board of supervisors of the county.
(b) "Law enforcement agency" means any of the following:
(1) A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2) A sheriff's department.
(3) A district attorney's office.
(4) A county probation department.
(c) "Milita1y equipment" means the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel can-iers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(3) High mobility multipurpose wheeled vehicles (HMMWV), commonly refetTed to as Humvees, two and one-half-ton trucks, five-ton ttucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-ten-ain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
( 4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tt·acked system instead of wheels for fotward motion. (5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. ( 6) Weaponized aircraft, vessels, or vehicles of any kind. (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature . However, items designed to remove a lock, such as bolt cutters, 92 Ch. 406 -4-
or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
(8) Fireaims of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. (10) Specialized fireaims and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles .
(12) "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.
(13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD) .
(14) The following projectile launch platfo1ms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.
( 15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16) Notwithstanding paragraphs (1) through (15), "militaiy equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
(d) "Militaiy equipment use policy" means a publicly released, written document governing the use of militaiy equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the milita1y equipment.
(2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of militaiy equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the milita1y equipment use policy.
(6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight 92 -5- Ch. 406
authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy .
(7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
(e) "State agency" means the law enforcement division of eve1y state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Atticle IV ( except Section 20 thereof) or Atticle VI of the California Constitution. (f) "Type" means each item that shares the same manufacturer model number .
7071. (a) (1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a milita1y equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Atticle 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A) Requesting militaiy equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(B) Seeking funds for milita1y equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers . (C) Acquiring militaiy equipment either pe1manently or temporarily, including by borrowing or leasing.
(D) Collaborating with another law enforcement agency in the deployment or other use of militaiy equipment within the territorial jurisdiction of the governing body.
(E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(F) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, militaiy equipment. (G) Acquiring militaiy equipment through any means not provided by this paragraph.
(2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any rnilitaiy equipment that was acquired prior to J anuaiy 1, 2022 , shall commence a governing body approval process in accordance with this section . If the governing body does not approve the continuing use of militaiy equipment, including by adoption pursuant to this subdivision of a militaiy equipment use policy submitted pursuant to subdivision (b ), within 180 days of submission of the proposed rnilitaiy equipment use policy to the governing body, the law enforcement agency shall cease its use of 92 Ch. 406 -6-
the milita1y equipment until it receives the approval of the governing body in accordance with this section.
(b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency's internet website at least 30 days prior to any public hearing concerning the militaiy equipment at issue. (c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 ( commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
( d) (1) The governing body shall only approve a militaiy equipment use policy pursuant to this chapter if it determines all of the following:
(A) The militaiy equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil libe1ties. (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D) Prior militaiy equipment use complied with the militaiy equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying militaiy equipment use policy, co1Tective action has been taken to remedy nonconfo1ming uses and ensure future compliance. (2) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the milita1y equipment is available for use .
(e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Pait 1 of Division 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of Pait 1 of Division 2 of Title 5), as applicable .
(2) The governing body shall detelTnine, based on the annual milita1y equipment report submitted pursuant to Section 7072, whether each type of milita1y equipment identified in that repo1t has complied with the standards for approval set forth in subdivision ( d). If the governing body determines that a type of militaiy equipment identified in that annual milita1y equipment report has not complied with the standards for approval set forth in subdivision ( d), the governing body shall either disapprove a renewal of the authorization for that type of milita1y equipment or require modifications 92 -7- Ch. 406
to the milita1y equipment use policy in a manner that will resolve the lack of compliance.
(f) Notwithstanding subdivisions (a) to ( e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a militaiy equipment use policy based on local community needs.
7072. ( a) A law enforcement agency that receives approval for a militaiy equipment use policy pursuant to Section 7071 shall submit to the governing body an annual militaiy equipment report for each type of militaiy equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual milita1y equipment report required by this section publicly available on its internet website for as long as the milita1y equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summa1y of how the militaiy equipment was used and the purpose of its use.
(2) A summa1y of any complaints or concerns received concerning the militaiy equipment.
(3) The results of any internal audits, any infonnation about violations of the militaiy equipment use policy, and any actions taken in response. (4) The total annual cost for each type ofmilitaiy equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the militaiy equipment in the calendar year following submission of the annual militaiy equipment report.
(5) The quantity possessed for each type ofmilitaiy equipment. ( 6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
(b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency's funding, acquisition, or use of military equipment. 7073. (a) A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(2) Seeking funds for milita1y equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (3) Acquiring milita1y equipment either permanently or temporarily, including by boTI"owing or leasing.
92 Ch. 406 -8-
( 4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter .
( 6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7) Acquiring military equipment through any means not provided by this subdivision.
(b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy .
(c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1) Publish the military equipment use policy on the agency's internet website.
(2) Provide a copy of the militaiy equipment use policy to the Governor or the Governor's designee.
7074 . The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies .

SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 ( commencing with Section 7070) to Division 7 of Title 1 of the Government Code , furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislatw-e makes the following findings :

Requiring local agencies to hold public meetings prior to the acquisition of milita1y equipment fu1ther exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people's business.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would 92 -9- Ch. 406
result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution. 0 92
Policy
706
Santa Clara Police Department
SCPD Policy Manual
Copyright Lexipol, LLC 2022/02/15, All Rights Reserved.

Published with permission by Santa Clara Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
706.1 PURPOSE AND SCOPE
State
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
State MODIFIED
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment categories– Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of
_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

Published with permission by Santa Clara Police Department ***DRAFT*** Military Equipment - 2 706.2 POLICY
State
It is the policy of the Santa Clara Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR
Best Practice
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Santa Clara Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
706.4 MILITARY EQUIPMENT INVENTORY
State MODIFIED
The following constitutes a list of qualifying equipment for the Department:

See attachment: 706.4 MILITARY EQUIPMENT INVENTORY.pdf
706.5 APPROVAL
State
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior C] I._______.

Published with permission by Santa Clara Police Department ***DRAFT*** Military Equipment - 3 to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 706.6 COORDINATION WITH OTHER JURISDICTIONS
State
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 706.7 ANNUAL REPORT
State
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 706.8 COMMUNITY ENGAGEMENT
State
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

Published with permission by Santa Clara Police Department ***DRAFT*** 706.4 MILITARY EQUIPMENT
INVENTORY.pdf - 6
706.4 MILITARY EQUIPMENT INVENTORY.pdf
706.4 MILITARY EQUIPMENT INVENTORY.pdf

1. Robot (Category 1)
a. Description, quantity, capabilities, and purchase cost:

Transcend Tactical Robot, cost: $24,452.24, Quantify: 1. This equipment is a battery powered, remote operated device. Equipped with two cameras and two- way radio capabilities. This equipment is for (potential) use during high-risk incidents. Use is limited to members of the Departments Special Response Team (SRT). Incidents that may qualify for its use include, but are not limited to, a high- risk warrant service, barricaded subject, and hostage negotiation/rescue. Before entering a structure, particularly in a tactically compromised and dangerous situation, knowledge of a subject’s location is very important, and the robot can provide that without placing anyone at risk. Cameras can also help determine if a subject is armed and also if there are other subjects inside that need assistance.

The two-way speakers can be used to de-escalate and determine resistance level.
b. Purpose:

To be used to remotely gain visual/audio data, deliver CNT phone, open doors, disrupt packages, and clear buildings.
c. Authorized Use:

Only assigned operators who have completed the required training shall be permitted to operate the robot. Use is established by the Incident Commander.

All other applicable SCPD policies remain in effect, to include, but not limited to, SCPD Policy 311 – Search and Seizure, SCPD Policy 703 – Vehicle Use, SCPD Policy 404 – Special Response Team.
d. Expected Lifespan:
10-15 years
e. Fiscal Impact:

No known annual maintenance cost.

2. Unmanned Aerial Vehicles (Category 1)
a. Description, quantity, capabilities, and purchase cost:

Yuneec H520 unmanned aerial vehicle (UAV), cost: Included with purchase of Transcend Tactical Robot, Quantity: 1. The H520 is a commercial-grade UAV.

Commonly used by construction and utility companies for the inspection of buildings, powerlines, windmills and other infrastructure. This UAV is a battery powered, remote operated device. Controller: ST16 All-in-one controller with 7- inch integrated screen. Controller allows operators to control UAV and view live feed from UAV-mounted cameras. Camera: CGOET camera with dual RGB and FLIR capabilities. Camera provides operators ability to switch between standard RGB camera and views based on heat of objects within frame. Flight time of approximately 25-30 minutes per battery, depending on weather and flight conditions. The UAV has also proven to be useful to public safety agencies in firefighting, search and rescue, pre-operational surveillance, and other tactical situations where aerial views enhance the safety and efficiency of law enforcement and fire personnel
b. Purpose:

To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
i. major collision investigations.
ii. search for missing persons.
iii. natural disaster management.
iv. crime scene photography.
v. SWAT, tactical or other public safety and life preservation missions. vi. In response to specific requests from local, state or federal fire authorities for fire response and/or prevention.
c. Authorized Use:

Only assigned operators who have completed the required training shall be permitted to operate the Yuneec H520 during approved missions. All other applicable SCPD policies remain in effect, to include, but not limited to, SCPD Policy 311 – Search and Seizure, SCPD Policy 316 – Missing Persons, SCPD Policy 606 – Unmanned Aerial System Operations, SCPD Policy 703 – Vehicle Use, SCPD Policy 404 – Special Response Team.
d. Expected Lifespan:
10 years
e. Fiscal Impact:

No known annual maintenance cost.

3. Armored Personnel Carrier, vehicle with entry apparatus attached (Category 2 & 3) a. Description, quantity, capabilities, and purchase cost:

Lenco Armored Rescue Vehicle, cost: $309,000, quantity: 1.The ARV is designed to provide ballistic protection during tactical events (designed to withstand multiple bullet strikes from small arms fire as well as low level explosions).Equipped with nuclear/radiological detection devices, self-contained breathing apparatus, explosive gas detection devices, and thermal imaging camera. Equipped with emergency lights/siren and a public address system.

Common uses for the ARV include citizen and officer rescues, evacuations, and the deployment of officers and chemical agents. The ARV is currently deployed at every large event in the city of Santa Clara including stadium events, parades, and festivals. The ARV is a regional mutual-aid asset that has been requested and deployed to allied agencies in Santa Clara, San Benito, Monterey, Santa Cruz, Alameda, and San Mateo Counties. The ARV responded high profile events including: The Gilroy Garlic Festival shooting, Super Bowl 50, an armed barricade at Main Jail, the VTA active shooter and several incidents where local officers were killed in the line of duty
b. Purpose:

To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.
c. Authorized Use:

The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training. The driver of the vehicle shall have a valid California driver license. All other applicable SCPD policies remain in effect, to include, but not limited to, SCPD Policy 703 – Vehicle Use, SCPD Policy 404 – Special Response Team. d. Expected Lifespan:
20 years
e. Fiscal Impact:

Annual maintenance cost of approximately $2,500.

4. Command and Control Vehicles (Category 5)
a. Description, quantity, capabilities, and purchase cost:
1993 Int. Model 3800, cost: $13,291, quantity: 1. The vehicle is a two-axel bus style vehicle with a front door and a rear door. It is painted black with police graphics affixed to the front, sides, and the rear of the vehicle. The vehicle has been partitioned into (2) separate workspace areas. The equipment housed in the vehicle includes, but is not limited to, a negotiations control console and accessories, communications throw phone and cables, miscellaneous office supplies, tabletops, chairs, storage space, coffee maker, and refrigerator The vehicle is capable of being used as a mobile operation and dispatch center.

The vehicle is also capable of transporting personnel and equipment The Mobile Communications Vehicle was placed into service in 2006 after its acquisition from the City of Santa Clara Library (formerly the bookmobile).

The Mobile Command Vehicle is used as an auxiliary command vehicle during major incidents. The vehicle is separated into two areas by a walled partition and door. One area is used as a negotiation / communication center by the Crisis Negotiations Team. The second area can be used as a mobile command center aiding in the command, control, and deployment of personnel at a critical incident.
b. Purpose:

To be utilized for critical incident callouts.
c. Authorized Use:

The CNT vehicle used by officers and staff who have been properly trained in the safe handling of the vehicle. The driver of the vehicle shall have a valid California driver license. All other applicable SCPD policies remain in effect, to include, but not limited to, SCPD Policy 703 – Vehicle Use, SCPD Policy 404 – Special Response Team.
d. Expected Lifespan:
25 years (Expired)
e. Fiscal Impact:

Annual maintenance cost of approximately $5,589

5. Command and Control Vehicles (Category 5)
a. Description, quantity, capabilities, and purchase cost:
2001 Freightliner MT45 – custom upfit by Mattman, cost: $162,181, quantity: 1.

The SRT van is a command vehicle and an equipment storage and transportation vehicle. Computerized screen used for tracking operations on the exterior. Desk with radios for dispatch on the interior. Several storage areas for the different equipment used by SRT. Manual breaching tools / Energetic breaching materials, Water, Generator, Ammunition, Robot / UAV, 40mm launchers and projectiles
b. Purpose:

To be used based on the specific circumstances of a given critical incident, large event, natural disaster or community event that is taking place. c. Authorized Use:

The SRT Van shall be used by officers trained in their deployment and in a manner consistent with Department policy and training. The driver of the vehicle shall have a valid California driver license. All other applicable SCPD policies remain in effect, to include, but not limited to, SCPD Policy 703 – Vehicle Use, SCPD Policy 404 – Special Response Team.
d. Expected Lifespan:
20 years (expires in March 2022)
e. Fiscal Impact:

Annual maintenance cost of approximately $2,500

6. Command and Control Vehicles (Category 5)
a. Description, quantity, capabilities, and purchase cost:
2018 Ford E450 Super Duty cutaway/stripped chassis with a large built-out cargo box mounted on the chassis. It looks like a typical box style cargo van/truck painted black with police graphics. The CSI van is not used in an enforcement capacity. This vehicle is used for the transportation of investigative equipment including a Total Station laser surveyor and accessories, computer equipment and software, evidence collection materials, and storage space for transporting items to the Santa Clara Police Department. There is a large computer monitor/TV mounted on an interior wall to view photos, diagrams, and to aid in crime scene diagramming. The CSI van is used to transport evidence and investigative tools, and a limited number of personnel, to a major crime scene or a crime scene requiring a vehicle larger than a traditional police vehicle for the purposes of transporting evidence collection materials or crime scene evidence.

Once on-scene, the van is used as shelter, supply storage, and evidence storage b. Purpose:

To be utilized for critical incident callouts.
c. Authorized Use:

The CSI vehicle is used by officers and staff who have been properly trained in the safe handling of the vehicle. The driver of the vehicle shall have a valid California driver license. All other applicable SCPD policies remain in effect, to include, but not limited to, SCPD Policy 703 – Vehicle Use, SCPD Policy 802 – Property and Evidence.
d. Expected Lifespan:
20 years
e. Fiscal Impact:

Annual maintenance cost of approximately $5,770.

7. Breaching Apparatus: Slugs (Category 7)
a. Description, quantity, capabilities, and purchase cost:

Royal Arms Tesar-2, cost: $1,880, quantity: 470. Shotgun breaching rounds are specialty shotgun shells utilized for door breaching. The Royal Arms Tesar-2 rounds contain compressed copper powder and are fired through a specialized breaching shotgun barrel. The copper powder is designed to strike and destroy the lock throw inside of the door, allowing entry into the room or structure. The powder is designed to dissipate after striking the lock throw in order to minimize entry into the target space for the safety of occupants and operators. Designed to breach heavy locks, dead-bolts, and hinges mounted inside of solid oak or steel doors. Royal Arms Tesar-2 rounds are good until expended if stored properly.

Shotgun breaching rounds are used to gain rapid access to a room or structure when an emergent law enforcement need exists
b. Purpose:

To safely gain entry into a structure.
c. Authorized Use:

Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises. All other applicable SCPD policies remain in effect, to include, but not limited to, SCPD Policy 311 – Search and Seizure, SCPD Policy 404 Special Response Team.
d. Expected Lifespan:

Until expended
e. Fiscal Impact:

Individual unit price of approximately $4 each. Estimated between $0 and $1,880 annually

8. Breaching Apparatus: Energetic Breaching Program (Category 7) a. Description, quantity, capabilities, and purchase cost:

Energetic breaching is used to gain rapid access to a room or structure when an emergent law enforcement need exists. All efforts are made to minimize the amount of energetics applied to a target, while still achieving a positive breach.

Energetic breaching materials are used to make breaching charges of various shapes and strength which are specifically designed for the target. The materials release gasses, heat, and light when initiated. The pressure from the gasses released presses against mediums and or the target to cause the structure of the target to fail for a successful breach.

Breaching charges are specially designed to cause structural failure of the desired target. The breaching charges in stock were built in house by the SRT breaching cadre. Various types, configurations, and energetic weights are maintained for use as needed. Older charges are cycled out of stock during monthly training.
i. 25 grain detonation cord, cost: $349, quantity 2.4lbs. The detonating cord is a thin, flexible plastic tube usually filled with pentaerythritol tetranitrate (PETN, pentrite). With the PETN exploding at a rate of approximately 6400 m/s, any common length of detonation cord appears to explode instantaneously. It is a high-speed fuse which explodes, rather than burns, and is suitable for detonating high explosives.
ii. 50 grain detonation cord, cost $1,915.49, quantity 1 roll. The detonating cord is a thin, flexible plastic tube usually filled with pentaerythritol tetranitrate (PETN, pentrite). With the PETN exploding at a rate of approximately 6400 m/s, any common length of detonation cord appears to explode instantaneously. It is a high- speed fuse which explodes, rather than burns, and is suitable for detonating high explosives.
iii. Nonel starters, cost: included with 50 grain det cord, quantity: 88. A blasting cap is a small sensitive primary explosive device generally used to detonate a larger, more powerful and less sensitive secondary explosive such as TNT, dynamite, or plastic explosive.

Blasting caps come in a variety of types, including non-electric caps, electric caps, and fuse caps
iv. C2 Prima sheet, cost: $1,183.50, quantity: 10 lbs. A PETN based sheet explosive
b. Purpose:

To safely gain entry into a structure.
c. Authorized Use:

Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises. All Breachers shall be licensed as a Blaster by Cal/OSHA. All Breachers will attend an approved "Tactical Energetic Breaching" course. Master Breacher designation upon: Attend an accredited “advanced” Energetic Breaching course or equivalent. Participate in a minimum of 50 documented training breaches, of which at least ten (10) were considered “research and development” shots.

Participate in at least 1 operational energetic breach. All other applicable SCPD policies remain in effect, to include, but not limited to, SCPD Policy 311 – Search and Seizure, SCPD Policy 404 Special Response Team.
d. Expected Lifespan:
25 grain detonation cord – 5 years
50 grain detonation cord – 5 years
C2 Prima Sheet – Until expended
Nonel Starters – until expended
e. Fiscal Impact:
25 grain detonation cord – estimated between $0 and $349 annually. 50 grain detonation cord – estimated between $0 and $1,915.49 annually C2 Prima Sheet – estimated between $0 and $1,183.50 annually Nonel Starters – $0

9. Specialized Firearms and Ammunition (Equipment Category 10) a. Description, quantity, capabilities, and purchase cost:

I. The Carbine Rifle is a firearm, capable of accurately stopping an armed subject at various distances. The Carbine Rifle is a lightweight, air-cooled, gas operated, magazine fed, shoulder fired weapon, designed for semi-automatic & selective fire. The Carbine Rifle does not have an expiration and will need to be serviced or replaced when the Rifle fails or breaks. The .223 / 5.56 cartridge is used as a lethal option designed to stop a violent encounter. The projectile is capable of penetrating soft body armor being worn by armed subjects. Colt AR-15/M4, cost: $119,850, quantity: 102, FN-15, cost: $46, 371, quantity: 29
II. The Hornady .223 Remington, 75 grain, BTHP Tap Precision cartridge is the primary duty ammunition deployed during potential lethal encounters. Cost: $19,980, quantity: 25,000
III. The Hornady .223 Remington, 62 grain, Tap Barrier cartridge is the secondary ammunition deployed during potential lethal encounters, when shooting through barriers. Cost: $3,996, quantity: 5,000
IV. The Hornady .223 Remington, 55 grain cartridge is the primary training ammunition for the Department. Cost: $40,176, quantity:
100,000
V. The Santa Clara Police Department Special Response Team (SRT) was formed in 1975, in response to very dangerous or violent tactical encounters. The Sniper element deploys with precision rifles, which enables the stopping of an armed subject at a safe distance. The Sniper Rifle does not have an expiration and will need to be serviced or replaced when the Rifle fails or breaks.

The .308 Winchester cartridge: is a rimless, bottlenecked rifle cartridge. The .308 WIN. cartridge is used as a Lethal option designed to stop a violent encounter. The projectile is capable of penetrating soft body armor being worn by armed subjects. JP LRP-07 Rifle cost: $14,276, quantity: 4, TacOps 700, cost: $3,999, quantity: 1, DT SRS-A1 rifle, cost: $7,698, quantity: 2, Spartan rifle, cost: $8,800, quantity: 2.

VI. The Hornady .308 WIN., 110 grain, Tap Urban cartridge is ammunition deployed during potential lethal encounters, in high collateral risk environments. The 110 grain, Tap Urban offers a unique projectile that allows rapid expansion, fragmentation & low retained weight. It also offers the least penetration, but with substantially more temporary & permanent cavity & fragmentation.

Cost: $6,303, quantity: 5,000
VII. The Hornady .308 WIN., 168 grain, ELD Match Tap Precision cartridge is ammunition deployed during potential lethal encounters at longer distances. The 168 grain projectile maintains accuracy, while resulting in higher impact velocities, less drop, less wind drift, and more energy on target. Cost: $18,909, quantity: 15,000.

VIII. The RUAG .308 WIN., 164 grain, Tactical cartridge is ammunition deployed during potential lethal encounters, when shooting through barriers. The 164-grain projectile is capable of accurately striking targets behind an angled window or windshield, without the risk of unpredictable bullet deflection Conventional bullets break apart or fragment when penetrating glass, which does not allow an accurate hit. Cost: $1,512, quantity: 500
IX. The RUAG .308 WIN., 196 grain, Armor Piercing cartridge is ammunition deployed during potential lethal encounters, when shooting through heavy barriers. The 196 grain projectile is capable of accurately striking targets behind armor, without the risk of unpredictable bullet deflection. Conventional bullets break apart or fragment when penetrating armor, which does not allow an accurate hit. Cost: $385, quantity: 80
X. The RUAG .338 Lapua Magnum, 247 grain, Styx Action cartridge is ammunition deployed during potential lethal encounters, in high collateral risk environments. The 247 grain Styx Action cartridge offers a unique projectile that allows rapid expansion, fragmentation & low retained weight. It also offers the least penetration, but with substantially more temporary & permanent cavity & fragmentation. Cost: $1,618, quantity: 500
XI. The Hornady .338 Lapua Magnum, 285 grain, ELD Match cartridge, is ammunition deployed during potential lethal encounters at longer distances. The 285-grain projectile maintains accuracy, while resulting in higher impact velocities, less drop, less wind drift, and more energy on target. Cost: $17,766, quantity: 3,840
XII. The RUAG .338 Lapua Magnum, 250 grain, Tactical cartridge is ammunition deployed during potential lethal encounters, when shooting through barriers. The 250-grain projectile is capable of accurately striking targets behind an angled window or windshield, without the risk of unpredictable bullet deflection Conventional bullets break apart or fragment when penetrating glass, which does not allow an accurate hit. Cost: $953, quantity: 350 XIII. The RUAG .338 Lapua Magnum, 260 grain, Armor Piercing cartridge is ammunition deployed during potential lethal encounters, when shooting through heavy barriers. The 260-grain projectile is capable of accurately striking targets behind armor, without the risk of unpredictable bullet deflection. Conventional bullets break apart or fragment when penetrating armor, which does not allow an accurate hit. Cost: $3,240, quantity: 500 XIV. Selections of which of the above ammunition to use is dependent on the threat and the environment (to include barriers, weather conditions, uninvolved parties, etc.)

b. Purpose:

To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible. c. Authorized Use:

Only members that are POST certified are authorized to use a rifle. All other applicable SCPD policies remain in effect, to include, but not limited to, SCPD Policy 300 – Use of Force, SCPD Policy 306.5 – Firearms Training and Qualifications, SCPD Policy 404 – Special Response Team. d. Expected Lifespan:

I. Carbine Rifle – No expiration
II. The Hornady .223 Remington, 75 grain – No expiration III. The Hornady .223 Remington, 62 grain, Tap Barrier – No expiration IV. The Hornady .223 Remington, 55 grain, – No expiration V. Sniper Rifles – No expiration
VI. The Hornady .308 WIN., 110 grain – No expiration
VII. The Hornady .308 WIN., 168 grain – No expiration
VIII. The RUAG .308 WIN., 164 grain – No expiration
IX. The RUAG .308 WIN., 196 grain – No expiration
X. The RUAG .338 Lapua Magnum, 247 grain – No expiration XI. The Hornady .338 Lapua Magnum, 285 grain – No expiration XII. The RUAG .338 Lapua Magnum, 250 grain – No expiration XIII. The RUAG .338 Lapua Magnum, 260 grain – No expiration e. Fiscal Impact:

I. Carbine Rifle – Annual cost between $19,999 - $166,221 II. The Hornady .223 Remington, 75 grain – Annual cost between $0 - $19,980
III. The Hornady .223 Remington, 62 grain, Tap Barrier – Annual cost between $0 - $3,996
IV. The Hornady .223 Remington, 55 grain – Annual cost between $0 - $40,176
V. Sniper Rifle – Annual cost between $900 - $34,773
VI. The Hornady .308 WIN., 110 grain – Annual cost between $0 - $6,303 VII. The Hornady .308 WIN., 168 grain – Annual cost between $0 - $18,909 VIII. The RUAG .308 WIN., 164 grain – Annual cost between $0 - $1,512 IX. The RUAG .308 WIN., 196 grain – Annual cost between $0 - $385 X. The RUAG .338 Lapua Magnum, 247 grain – Annual cost between $0 - $1,618
XI. The Hornady .338 Lapua Magnum, 285 grain – Annual cost between $0 - $17,766
XII. The RUAG .338 Lapua Magnum, 250 grain – Annual cost between $0 - $953
XIII. The RUAG .338 Lapua Magnum, 260 grain – Annual cost between $0 - $3,240

10. Flashbangs (Category 12)
a. Description, quantity, capabilities, and purchase cost:

A Noise Flash Diversionary Devices (NFDD) is a device that creates a bright flash and loud sound to temporarily divert the attention of subjects in the immediate area. NFDD are used to distract and temporarily incapacitate dangerous suspects by overwhelming their senses of vision and hearing. The distraction allows officers to seize a moment of opportunity to take control of high-risk situations.

I. NFDD 7290M emits a loud “bang” and a flash of light, cost:
$4,345.97, quantity: 96
II. NFDD 7290-5 emits a loud “bang” and a flash of light (5) times, cost: $1,070.13, quantity: 10
III. NFDD 9593 Multi-effect grenades with a loud blast, bright flash and dispersion of stinging .31 caliber pellets. Can also be configured to dispense an instantaneous cloud of irritant powder.

Cost: $443.30, quantity: 11

b. Purpose:

To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.
c. Authorized Use:

Diversionary Devices shall only be used:
i. By SRT officers who have been trained in their proper use. ii. In hostage and barricaded subject situations.
iii. In high risk warrant (search/arrest) services where there may be extreme hazards to officers.
iv. During other high-risk situations where their use would enhance officer safety. v. During training exercises.

All other applicable SCPD policies remain in effect, to include, but not limited to, SCPD Policy 300 – Use of Force, SCPD Policy 404 – Special Response Team.

d. Expected Lifespan:

I. NFDD 7290M – 5 years
II. NFDD 7290-5 – 5 years
III. NFDD 9593 – 5 years
e. Fiscal Impact:

I. NFDD 7290M – Annual cost between $0 - $4,345.97
II. NFDD 7290-5 – Annual cost between $0 - $1,070.13
III. NFDD 9593 – Annual cost between $0 - $1,070.13

11. Tear Gas (Category 12)
a. Description, quantity, capabilities, and purchase cost:

Chemical agent munitions, which are commonly referred to as “tear gas,” are used by the Santa Clara Police Department as a non-lethal tool to disperse rioting suspects and on barricaded suspects.

The Santa Clara Police Department uses chemical agents which are used by law enforcement across the United States: CS (2-Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum)
CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S.

Army. There are no known allergic reactions to CS.

OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legally possess (2.5oz or less). OC is an inflammatory agent which causes involuntary closure of eyes (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).

I. 5230B – Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire. Cost: $2,412, quantity: 67
II. 6230 – Pyrotechnic canister grenade emitting smoke through multiple emission ports for 30 to 40 seconds. May be launched or hand thrown.

Cost: $450, quantity: 15
III. 8230 – The smallest diameter burning grenade that discharges a high volume of smoke and chemical agent through multiple emission ports.

Specifically for outdoor use and it should not be deployed on rooftops, in crawl spaces or indoors due to fire producing capability. Can be hand thrown or launched. Cost: $504, quantity: 21
IV. 9230 – The 9230 CS Jet-Lite Rubber Ball Grenade is one of the smaller diameter burning grenades that discharges a high volume of chemical agents through multiple emission ports. Specifically for outdoor use and should not be deployed from rooftops, in crawl spaces or indoors due to fire producing capability. Can be hand thrown or launched. Cost: $725, quantity: 25.

V. 3330 – Liquid CS filled projectile penetrates intermediate barriers and delivers irritant agents into an adjacent room. Cost: $735, quantity: 35 VI. 6340 – This unique grenade delivers an invisible OC vapor and renders an intense respiratory effect to a non-compliant subject. Cost: $360, quantity 10
VII. 4330 – Liquid CS filled projectile penetrates intermediate barriers and delivers irritant agents into an adjacent room. Cost: $1,950, quantity: 75 VIII. The Spede-Heat™ 40mm Short Range CS Round incorporates an aluminum shell and utilizes black powder as the propellant. The Spede- Heat™ 40mm Short Range Round is designed to deliver one dual-ported chemical canister from a 40mm launcher 75 yards to the intended target zone. Cost: $420, quantity: 15
IX. The 6 oz. OC Aerosol Grenade will delivery its payload of 1.3% MC% OC in 20-25 seconds. This is a antomized mist which enhances the pungent

1.3% OC formulation. Cost: $180, quantity: 10
b. Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
c. Authorized Use:

Only officers who have received POST certification in the use chemical agents are authorized to use chemical agents. All other applicable SCPD policies remain in effect, to include, but not limited to, SCPD Policy 300 – Use of Force, SCPD Policy 404 – Special Response Team.
d. Expected Lifespan:

I. 5230B – 5 years
II. 6230 – 5 years
III. 8230 – 5 years
IV. 9230 – 5 years
V. 3330 – 5 years
VI. 6340 – 5 years
VII. 4330 – 5 years
VIII. The Spede-Heat™ 40mm Short Range CS Round - 5 years IX. The 6 oz. OC Aerosol Grenade - 5 years
e. Fiscal Impact:

I. 5230B – estimated between $0 and $2,412 annually
II. 6230 – estimated between $0 and $450 annually
III. 8230 – estimated between $0 and $504 annually
IV. 9230 – estimated between $0 and $725 annually
V. 3330 – estimated between $0 and $735 annually
VI. 6340 – estimated between $0 and $360 annually
VII. 4330 – estimated between $0 and $1,950 annually
VIII. The Spede-Heat™ 40mm Short Range CS Round
IX. The 6 oz. OC Aerosol Grenade

12. PepperBall Launcher (Category 12)
a. Description, quantity, capabilities, and purchase cost:

System that uses high pressure air to deliver PAVA powder projectiles (similar to a paint ball delivery system). System capable of launching projectiles at a subject up to 60’. System capable of area saturation up to 160’. Non-lethal option to offer law enforcement officers to deliver chemical agents and kinetic energy impacts to subjects in a potentially violent encounter. De-Escalation tool used to avoid further injuries or lethal options on a subject. Cost: $7,500, quantity:

I. PepperBall LIVE PROJECTILE, The basic PepperBall projectile contains 2% PAVA pepper powder, and is designed for direct impact and area saturation, especially in confined, interior spaces.

Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. The projectile contains 0.5% PAVA Powder.8230. Cost: $3,412 quantity: 1500
II. PepperBall VXR LIVE-X PROJECTILE: The VXR Live-X Projectile is a non-lethal round. The projectile contains approximately 10x the PAVA of the VXR LIVE projectile. This projectile is best for direct impact or area saturation. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-425 FPS. The projectile has a direct impact of 150ft and an area of saturation of 390+ft. The projectile contains 2.5% PAVA powder. Cost: $8,984 quantity: 3000
b. Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include but, are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
c. Authorized Use:

Only those officers who have been trained in the use of PepperBall launchers are authorized to use the PepperBall launchers. All other applicable SCPD policies remain in effect, to include, but not limited to, SCPD Policy 300 – Use of Force. d. Expected Lifespan:

I. PepperBall Launcher: No expiration
II. Live Projectile: 1 year
III. Live-X Projectile: 1 year
e. Fiscal Impact:

I. PepperBall Launcher: estimated between $0 and $7,500 annually II. Live Projectile: estimated between $0 and $3,412 annually III. Live-X Projectile: estimated between $0 and $9,000 annually

13. Projectile Launch platforms and associated munitions (Category 14) a. Description, quantity, capabilities, and purchase cost:

Penn Arms Launcher: Cost: $23,650, quantity: 22.The Penn Arms Launcher is not a firearm, but a Less-Lethal systems that uses smokeless powder to deliver 40MM projectiles from a safe distance. The Less-Lethal launcher is capable of launching 40MM munitions at a subject up to 25 yards. The Less-Lethal launcher is a single launcher, which allows the Officer to assess after every spent munition. Less-Lethal launcher does not have an expiration and will need to be serviced or replaced when the launcher fails or breaks. The 40MM munition is a Direct Impact Spin Stabilized Smokeless Sponge Munition. The Sponge Baton munition is used as a Less-Lethal weapon designed to de-escalate a potentially violent encounter. Cost: $11,454, quantity: 600
b. Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use:

Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.

All other applicable SCPD policies remain in effect, to include, but not limited to, SCPD Policy 300 – Use of Force.
d. Expected Lifespan:

I. 40mm Launcher: No expiration
II. 40mm Sponge Round: 5 years
e. Fiscal Impact:

I. 40mm Launcher: estimated between $0 and $23,650 annually II. 40mm Sponge Round: estimated between $0 and $12,000 annually

Ordinance/AB 481 Military Equipment Policy Page 1 of 4 Rev: 09/2019
ORDINANCE NO. _____

AN ORDINANCE OF THE CITY OF SANTA CLARA, CALIFORNIA,
ADDING SECTION 2.80.080 ENTITLED “MILITARY EQUIPMENT
POLICY” TO “THE CODE OF THE CITY OF SANTA CLARA,
CALIFORNIA” IN COMPLIANCE WITH ASSEMBLY BILL 481

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

WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (creating Government Code Section 7070, et seq.), relating to the use of military equipment by California law enforcement agencies; WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used;
WHEREAS, the Santa Clara Police Department is in poss ession of certain items of equipment that qualify as “military equipment” under AB 481; WHEREAS, AB 481 requires that a law enforcement agency possessing and using such qualifying equipment prepare a publicly released, written, military equipment use poli cy document covering the inventory, description, purpose, use, acquisition, maintenance, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the Department’s use of such equipment;
WHEREAS, the Policy and supporting information must be approved by the governing body by ordinance, and reviewed annually; and
WHEREAS, the City Council of the City of Santa Clara, having received the information required under AB 481 regarding the Santa Clara Police Department’s use of military equipment as defined in said law, deems it to be in the best interest of the City to approve the Military Equipment Policy as set forth herein.

Ordinance/AB 481 Military Equipment Policy Page 2 of 4 Rev: 09/2019

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

SECTION 1 : That a new Section 2.80.080 is added to Chapter 2.80 (entitled “ Police Department”) of Title 2 (entitled “Administration and Personnel”) of “The Code of the City of Santa Clara, California” to read as follows:
“2.80.080 Military Equipment Policy.
(a) The City Council has made the following determinations:
(1) The military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;
(2) The proposed military equipment use policy (“Policy”) will safeguard the public’s welfare, safety, civil rights, and civil liberties; (3) The equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety (if any); (4) Prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
(b) The Police Department has submitted a proposed Policy to the City Council and has made those documents available on the Police Department’s website for at least 30 days prior to the public hearing concerning the military equipment at issue.

Ordinance/AB 481 Military Equipment Policy Page 3 of 4 Rev: 09/2019
(c) The Policy was considered by the City Council as an agenda item in an open session of a regular meeting, noticed in accordance w ith the Ralph M. Brown Act, at which public comment was permitted.
(d) The P olicy shall be made publicly available on the Police Department’s website for as long as the military equipment is available for use. (e) The Police Department shall submit an annual military equipment report to the City Council, containing the information required in Government Code Section 7072, and the City Council shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in (a)(1)-(4) above. (f) The City Council shall review this ordinance, and vote on whether to renew it, on an annual basis at a regular meeting, in accordance with Government Code Section 7071(e)(2)
(g) The City Council approves the use of the Policy, and finds that it satisfies the requirements of Government Code Section 7070(d).”
SECTION 2: Ordinances Repealed . With exception of the provisions protected by the savings clause, all ordinances (or parts of ordinances) in conflict with or inconsistent with this ordinance are hereby repealed.

SECTION 3: Savings clause. The changes provided for in this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any right established or accruing before the effective date of this ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to the effective date of this ordinance. All fee schedules shall remain in force until superseded by the fee schedules adopted by the City Council.

Ordinance/AB 481 Military Equipment Policy Page 4 of 4 Rev: 09/2019
SECTION 4: Effective date. This ordinance shall take effect thirty (30) days after its final adoption; however, prior to its final adoption it shall be published in accordance with the requirements of Section 808 and 812 of “The Charter of the C ity of Santa Clara, California.”
PASSED FOR THE PURPOSE OF PUBLICATION this XX day of XXXXXX, 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. Lexipol Policy 706 “Military Equipment”

2. Inventory of Military Equipment as of January 1, 2022

Task Force Recommendation on AB481 Policy and Ordinance

To: City Council of the City of Santa Clara

From: City of Santa Clara Task Force on Diversity, Equity, and Inclusion (the “Task Force”)

The Task Force strongly recommends to the City Council of the City of Santa Clara that the Military Equipment Funding, Acquisition and Use Policy (the “Policy ”) be adopted. Police accountability and reform is a core focus of this Task Force – as such, we approached our role and our recommendation with a particular focus on the relevant use of force considerations, transparency objectives, and community engagement efforts.

The full Task Force voted unanimously to send this recommendation to the City Council. Our recommendation comes after diligence and fact -finding efforts by our police subcommittee.

Following the subcommittee’s work, the full Task Force reviewed the subcommittee’s findings before coming to the decision to unanimously recommend adoption of the Policy.

Please see a summary of our relevant findings below:

1. Prior Approval and Equipment Categories . SCPD holds equipment in 7 of the 15 categories. The City Council has previously approved of all the equipment authorized in the Policy (through numerous prior City Council actions).

2. No DoD Equipment . Santa Clara Policy Department (“SCPD”) does not own any equipment used by any United States Department of Defense (“DoD”) agency. SCPD has never acquired any D oD surplus equipment and has no plans to pa rticiple in any DoD programs. All SCPD equipment is commercially available.

3. No Mounted Guns. There are no guns mounted on any SCPD equipment.

4. De-Escalation Purpose of Bullet -Resistant Vehicle. The one vehicle that is bullet resistant is used exclusively f or de-escalation to provide time, distance and cover. This vehicle has been used to support responses in multiple nearby cities, including the recent San Jose VTA-yard active shooter incident.

5. Hand-Held Equipment . A large part of the hand-held equipment listed is also used exclusively for de-escalation, to provide time, distance and cover.

6. Proactive Community Engagement . SCPD has engaged the community in community conversations on this topic. SCPD presented to the Task Force and Chief's Advisor y Council to seek early review and comment.

7. Transparency and Reform . The discussion occurred pursuant to a police reform bill, AB481, which requires police agencies to engage the public and seek approval from their elected city councils. SCPD has been a l eader on engaging the public and drafting its proposed policy and ordinance thus far.

8. Annual Reporting and Further Approvals Required. AB481 requires law enforcement agencies to prepare and post an Annual Report on the Police Department’s website with information required by Government Code Section 7072 for the preceding calendar year for each type of military equipment in the Department’s inventory. The Policy and supporting information must be reviewed annually at a regular City Council meeting. At this meeting, the City Council will consider the adoption of an Ordinance approving continued use. AB481 also requires law enforcement agencies to seek approval prior to making future purchases of items designated as “military equipment”.

9. Complaints Process . SCPD has been proactive on developing its complaints process.

SCPD maintained a process required by this legislation, for years prior to this new law.

10. 2020 Protests – No Notable SCPD Incidents. No notable incidents during 2020 protests.

SCPD has responsibly used its existing equipment. This policy will require SCPD to certify any new equipment.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-242 Agenda Date: 3/8/2022

REPORT TO COUNCIL

SUBJECT
Action on Amendment No. 5 to the Agreement for the Performance of Services with Wilson, Ihrig & Associates for Noise Monitoring Services at Levi’s Stadium

COUNCIL PILLAR
Ensure Compliance with Measure J and Manage Levi’s Stadium

BACKGROUND
On August 30, 2016, in response to complaints from residents about noise emanating from the San Francisco 49er’s football practices, the City Council directed staff to establish a noise monitoring system for Levi’s Stadium and training facility.

Following Council direction, the City solicited bids from acoustic engineers and after receiving three proposals, entered into an agreement on February 7, 2017 with Wilson, Ihrig & Associates to provide noise monitoring services at Levi’s Stadium. Since that time the consultant has implemented a noise monitoring program that includes four noise monitoring stations as well as a comprehensive website ( <https://seti-media.com/infopopulation/levis_stadium/>
) that provides reporting information from the
monitors as well as a portal for residents to issue noise complaints. The contract covers the ongoing cost to rent noise monitoring equipment from the consultant and maintenance of the website.

In December 2017, Amendment 1 was executed to extend the term of the Agreement by twelve months ending on December 31, 2018.

In August 2018, Council approved Amendment No. 2 to this agreement which added $150,000 to the Agreement and extended the contract term by twenty months ending on August 31, 2020.

In October 2020, Council approved Amendment No. 3 to this agreement to extend the term of the Agreement thru September 30, 2021, with no additional funding.

On September 7, 2021 Council approved Amendment No. 4 to this agreement to extend the term of the Agreement thru March 31, 2022, with $50,000 of additional funding.

DISCUSSION
At the September 7, 2021 meeting, some Councilmembers requested analysis of the noise data received and also wanted information regarding an option to purchase the noise monitoring equipment rather than rent it, which is the current approach as rental of noise monitoring equipment is included in the agreement with Wilson, Ihrig, & Associates. As such the Council extended the agreement six months in order to re-assess a longer agreement extension with the requested information.

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22-242 Agenda Date: 3/8/2022
Noise Analysis
In response to the recent request from the City Council, Wilson, Ihrig, & Associates prepared the attached noise analysis of data collected in 2021. The analysis compares noise levels adjacent to the Stadium during all Sundays without NFL games to Sundays with 49er games at the Stadium (Attachment 7). The analysis does not include concerts as none took place during this time period.

The analysis uses the hourly average noise levels generated and maximum instantaneous noise levels generated as they were the standards used in the adopted Environmental Impact Report (EIR) prepared for the 49ers Stadium. The analysis compares these noise levels to the anticipated noise levels included in the EIR.

The analysis calls out that hourly average noise levels during 49er games are mostly below the noise range anticipated in the EIR (Attachment 7, page 5-9); however, the maximum instantaneous noise levels generated are often greater during 49er games than anticipated in the EIR (Attachment 7, page 10). Jet noise has been filtered out in the noise levels; however, other non-Stadium activity can also be contributing to noise levels in general.

Concerts have also been identified as a Stadium activity that produces noise that affects adjacent properties. While there have not been concerts since the Covid-19 pandemic began in 2020, attached are reports that were previously prepared by Wilson, Ihrig, & Associates regarding noise levels generated during two concerts, U2 on May 17, 2017 and Coldplay with fireworks on October 4, 2017 (Attachments 8 & 9). These analyses indicate that the U2 concert exceeded the target noise level for one of the four neighborhood noise monitoring locations (and also that ambient noise levels also exceeded the target).

The consultant is able to modify analyses of noise data based on any specific feedback the Council provides. Attachment 7 is an example of an analysis template that could be provided to the Council or could be modified at the Council’s request.

Noise Monitoring Equipment
Attachment 10 includes information gathered from three noise monitoring equipment firms to determine the estimated cost of purchasing equipment. Seti Media, whose equipment is currently used by Wilson Ihrig, & Associates, for Stadium monitoring, does not offer the sale of their equipment. Note that only Seti Media has the capacity to filter out jet noise. Two other firms sell monitoring equipment for a one-time cost that range between $50,740 and $51,300 for four stations; however additional support costs range between $15,020 and $30,240 annually.

Staff recommends continuing the practice of renting stationary noise monitoring equipment as purchasing equipment would lock in the City to current monitoring options, and it would be costly to upgrade equipment if technology improves or if future customization is desired. Also, equipment found that can filter jet noise is only available for rent and such a filter is a useful tool for analyzing noise specifically attributable to Stadium activity as distinct from locational conditions. If the City went the route of purchasing noise monitoring equipment, the City would also need to enter into an agreement for services to analyze the data collected, which is a service provided currently through the Wilson, Ihrig & Associates agreement.

The agreement with Wilson, Ihrig & Associates is nearing its expiration date. Amendment five will extend the term by 2 years and align the contract with the Stadium Authority fiscal year. The contract will allow the City to continue the noise monitoring program for ongoing use of the existing monitors City of Santa Clara Printed on 3/4/2022Page 2 of 4
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22-242 Agenda Date: 3/8/2022
to verify compliance with City permits and provide continuity for data collection to support policy making over the long-term. Much of the contract cost occurred at the beginning of the contract for installation of the equipment and creation of the monitoring website. The primary recurring costs are the equipment rental fees costing approximately $45,000 dollars annually. In recognition that the City Council provided feedback that deeper analysis of data and reporting was desired, $50,000 has been added to the contract for this service.

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 as a reasonably foreseeable indirect physical change in the environment.

FISCAL IMPACT
Amendment No. 5 increases the not to exceed amount of the contract by $140,000 for a total of $439,840. Funding for this service was included in the Fiscal Year 2021/22 Annual Operating Budget and appropriations in future years will be subject to future appropriation of funds.

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

ALTERNATIVES

1. Authorize the City Manager to execute Amendment No. 5 with Wilson, Ihrig & Associates to extend the term of the Agreement through March 31, 2024, and increase maximum compensation by $140,000 for a total not to exceed amount of $439,840, subject to Santa Clara Stadium Authority Board appropriation of funds.

2. Authorize the City Manager to execute Amendment No. 5 with Wilson, Ihrig & Associates to extend the term of the Agreement through March 31, 2023, and increase maximum compensation by $70,000 for a total not to exceed amount of $369,840, subject to Santa Clara Stadium Authority Board appropriation of funds and direct staff to initiate a Request for Proposals to evaluate a new potential vendor for noise monitoring services.

3. Direct staff on an alternate approach to noise monitoring adjacent to the 49ers Stadium.

RECOMMENDATION
Alternative 1:

Authorize the City Manager to execute Amendment No. 5 with Wilson, Ihrig & Associates to extend the term of the Agreement by 2 years ending on March 31, 2024, and increase maximum City of Santa Clara Printed on 3/4/2022Page 3 of 4
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22-242 Agenda Date: 3/8/2022
compensation by $140,000 for a total not to exceed amount of $439,840, subject to Santa Clara Stadium Authority Board appropriation of funds.

Reviewed by: Andrew Crabtree, Director, Community Development Department Approved by: City Manager’s Office

ATTACHMENTS

1. Amendment No. 5 to the Agreement with Wilson, Ihrig & Associates

2. Amendment No. 4 to the Agreement with Wilson, Ihrig & Associates

3. Amendment No. 3 to the Agreement with Wilson, Ihrig & Associates

4. Amendment No. 2 to the Agreement with Wilson, Ihrig & Associates

5. Amendment No. 1 to the Agreement with Wilson, Ihrig & Associates

6. Original Agreement with Wilson, Ihrig & Associates

7. Stadium Noise Monitoring Report, prepared by Wilson, Ihrig & Associates, Feb 9, 2022

8. Stadium Noise Monitoring Report of U2 Concert, prepared by Wilson, Ihrig & Associates, May 23, 2017

9. Stadium Noise Monitoring Report of Coldplay Concert & Fireworks prepared by Wilson, Ihrig & Associates, October 10, 2017

10. Summary of Rent vs Buy Options for Noise Monitoring Stations City of Santa Clara Printed on 3/4/2022Page 4 of 4
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Amendment No. 5 to Agreement/Wilson, Ihrig & Associates Page 1 Rev. 10/25/19
Ebix Insurance No. S00003637

AMENDMENT NO. 5

TO THE AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND

WILSON, IHRIG & ASSOCIATES

PREAMBLE
This agreement (“Amendment No. 5”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Wilson, Ihrig & Associates, 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. The Parties previously entered into an agreement entitled “Agreement for Professional Services”, dated February 14, 2017 (Agreement); B. The Agreement was previously amended by Amendment No. 1, dated December 8, 2017, Amendment No. 2, dated August 28, 2018, Amendment No. 3, dated November 6, 2020, Amendment No. 4, dated October 27, 2021, and is again amended by this Amendment No. 5. The Agreement and all previous amendments are collectively referred to herein as the “Agreement as Amended”; and
C. The Parties entered into the Agreement as Amended for the purpose of having Contractor provide noise monitoring services at Levi’s Stadium, and the Parties now wish to amend the Agreement as Amended to extend the term of the original Agreement.

NOW, THEREFORE, the Parties agree as follows:

AMENDMENT TERMS AND CONDITIONS

1. Section 2 of the Agreement as Amended, entitled “Term of the Agreement” is amended to read as follows: “The term of this Agreement shall begin on the Effective Date of this Agreement and terminate on March 31, 2024.”

2. Exhibit B, entitled “Fee Schedule,” is appended with the attached “Addendum to Fee Schedule,” dated February 8, 2022 and reflects a revised maximum

Amendment No. 5 to Agreement/Wilson, Ihrig & Associates Page 2 Rev. 10/25/2019
compensation of four hundred thirty-nine thousand, eight hundred forty dollars ($439,840.00), subject to annual budget appropriations.

3. Except as set forth herein, all other terms and conditions of the Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Agreement as Amended and this Amendment No. 5, the provisions of this Amendment No. 5 shall control.

The Parties acknowledge and accept the terms and conditions of this Amendment No. 5 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

Office of the City Manager
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”

WILSON, IHRIG & ASSOCIATES
a California corporation

Dated:

By (Signature):

Name: Derek L. Watry
Title: Principal
Principal Place of
Business Address:
5900 Hollis Street, Suite T1
Emeryville, CA 94608
Email Address: [email protected]
Telephone: (510) 658-6719
Fax: (510) 652-4441
“CONTRACTOR”
S:\Attorney\AGREEMENTS\Amendments\Amendment No. 2 - Form.doc

Amendment No. 5 to Agreement/Wilson, Ihrig & Associates Page 3 Rev. 10/25/2019
Addendum to Fee Schedule
February 8, 2022

Noise Monitoring Services for Levi’s Stadium

Equipment Rental and Routing Maintenance: $3,750/month Hourly Rates:

Used for time-and-materials consulting for non-routine maintenance and noise analysis reporting.

Senior Principal $315/hour
Principal $265/hour
Associate Principal $225/hour
Senior Consultant $190/hour
Associate $170/hour
Assistant $140/hour
Lab Technician $105/hour
Project Assistant $80/hour
CAD Operator $70/hour

The maximum compensation under this Agreement is four hundred thirty-nine thousand, eight hundred forty dollars ($439,840.00), subject to annual budget appropriations in the Stadium Authority Budget (Fiscal years run from April 1 to March 31).

Ebix Insurance No. S00003637
AMENDMENT NO. 4

TO THE AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND

WILSON, IHRIG & ASSOCIATES

PREAMBLE
This agreement ("Amendment No. 4") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Wilson, Ihrig & Associates, 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. The Parties previously entered into an agreement entitled "Agreement for Professional Services", dated February 14, 2017 (the "Original Agreement"); and B. The Original Agreement was previously amended by Amendment No. 1, dated December 8, 2017, Amendment No. 2, dated August 28, 2019, Amendment No. 3, dated November 6, 2020, and is again amended by this Amendment No. 4. The Original Agreement and all previous amendments are collectively referred to herein as the "Original Agreement as Amended"; and
C. The Parties entered into the Original Agreement for the purpose of having Contractor provide noise monitoring services at Levi's Stadium, and the Parties now wish to amend the Original Agreement as Amended to extend the term of the Agreement.

The Parties agree as follows:

AGREEMENT TERMS AND CONDITIONS

1. The termination date defined in Section 2 of the Original Agreement as Amended, entitled "Term of Agreement," is hereby amended to reflect a revised termination date of March 31, 2022.

2. Exhibit B, entitled "Fee Schedule," is appended with the attached "Addendum to Fee Schedule," dated July 20, 2021, and reflects a revised maximum compensation of $299,840, subject to annual budget appropriations.

3. Except as set forth herein, all other terms and conditions of the Original Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Original Agreement as Amended and this Amendment No. 4, the provisions of this Amendment No. 4 shall control.

4. 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.

Amendment No. 4 to Agreement/ Wilson, Ihrig & Associates Rev. 02/01/15

Page 1 ends

City Council and Authorities ConcurrentMarch 8, 2022

City Council and Authorities Concurrent
March 8, 2022