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

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2. RETENTION OF FIRM
A. City hereby confirms, retains, and authorizes Firm to represent City and provide legal services as may be requested, from time to time, orally or in writing, by authorized representatives of City on an as-needed basis. By this Agreement, City is retaining Firm and not individual members of the Firm. Firm’s client is the City, as a public entity, and not any of its individual members, groups of individuals or any other entity. Firm shall report to and receive direction from the City Council, Assistant City Attorney, Interim City Manager, and/or City Manager.

B. Firm shall perform such legal services for and on behalf of City under the primary direction of the City Council. Firm shall undertake, subject to the approval of Firm, such additional duties as may be authorized by City from time to time under the terms and conditions of this Agreement.

3. DESCRIPTION OF SERVICES TO BE PROVIDED
Legal services are to be provided to City by Firm as directed by the City Council. Such services may include, but are not limited to, providing advice and counsel on legal matters affecting City, performing legal research, representing City in judicial proceedings in state and/or federal court or other dispute resolution tribunals or before administrative agencies, negotiating contracts and drafting contracts, correspondence, resolutions and other legal documents as may become necessary, and any other services as necessary and as set forth in the City Charter and City Code.

4. COMMENCEMENT OF WORK
Firm shall begin performing legal services under this Agreement effective April 6, 2022 subject to advanced approval of this Agreement by at least a majority of the City Council in a public meeting. If a majority of the City Council does not approve this Agreement in a public meeting, then the Agreement is null and void. The Firm shall complete said services within the time limits mutually determined to be acceptable by Firm and City. In the sole discretion of City, Firm services shall terminate on the later of 1) formal appointment of a permanent City Attorney by Council, or 2) a date set by the City Council to provide for a transition of duties between Firm and a permanent City Attorney not to exceed three (3) months.

5. ASSIGNMENT OF DUTIES
It is contemplated that Attorneys James (Jim) Sanchez and Steve Ngo will be assigned from Firm. They may be assisted as appropriate by people listed in Exhibit B (Fee Schedule), provided that multiple representations at meetings or other appearances shall be disallowed absent good cause. In addition, should it be desirable for any other attorney not listed in Exhibit B to work under this Agreement, such attorney may only be added with the consent of the Mayor acting on behalf of the City Council. While City expects the attorneys listed above to perform the tasks that require substantial experience, Firm shall attempt to minimize legal expenses by relying on junior attorneys, paralegals, and law clerks for less demanding or non-attorney tasks.

6. PAYMENT FOR SERVICE
In consideration for Firm’s performance of legal services on behalf of City under the terms of

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this Agreement, and upon review and approval of Firm’s bills by the Chief Assistant City Attorney, Firm shall be compensated at the preapproved hourly rates and for authorized expenses only as specifically set forth in Exhibit B (Fee Schedule) attached and incorporated by this reference. Fees for services performed by retained consultants, subcontractors, experts or other personnel may be billed to City only if approved in writing by the City Council or the Chief Assistant City Attorney.

7. BILLING INVOICES
Firm shall, within fifteen (15) days after the end of each calendar month in which services are performed under this Agreement, submit to the City an itemized invoice, describing the specific services performed as set forth in this Agreement. Firm shall adhere to the billing standards set forth in Exhibit B entitled “Billing Standards” attached and incorporated by this reference. The invoice shall be submitted to:

Santa Clara City Attorney’s Office
c/o Chief Assistant City Attorney
1500 Warburton Avenue
Santa Clara, CA 95050

8. BILLING STANDARDS
Firm shall not bill for hours other than those hours expressly devoted to the tasks approved in advance by a majority of the City Council, and/or required under the terms of this Agreement.

Firm agrees it will not bill for time which is not specifically devoted to said task(s). The Firm will not charge billable time for travel to and from the City for in-person work, although may utilize the car allowance as specified in Exhibit B. Firm may bill for lodging for Senior Counsel Jim Sanchez up to four nights per month. Firm shall not bill for secretarial or clerical tasks. The billing format utilized to provide bills shall be set forth in detailed format which readily permits review by City retained auditors.

9. TERMINATION
City may terminate this Agreement without cause or penalty at any time by providing written notice to Firm. Said termination shall be effective on the date set forth on the termination notice.

Firm may terminate this Agreement only to the extent and under terms and conditions consistent with the obligations of Firm under the Rules of Professional Conduct of the State Bar of California. Notice of termination by Firm shall provide a minimum of 30 days unless such notice period is precluded by law.

In the event of termination, the amount due Firm for services rendered and costs and expenses incurred prior to termination shall remain due and payable.

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

The City Council may exercise the power of City to terminate or suspend this Agreement. In

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accordance with Charter Section 908(g), immediately upon termination Firm shall surrender to City all books, papers, files and documents pertaining to the City and/or the Services, including materials that are solely attorney work product.

10. CONFLICTS OF INTEREST
Periodically during the term of the Agreement, Firm shall make a good faith effort to identify and shall apprise City of those possible conflicts of interest which could affect Firm’s duties to City under the California Rules of Professional Responsibility, or Firm’s performance of the responsibilities reposed in Firm under this Agreement, or which Firm reasonably believes are likely to affect future transactions by and between City and third parties. City retains those rights with respect to future conflicts as are vested in a client under the California Rules of Professional Responsibility, and may terminate Firm’s services and withhold consent to such conflicts of interest under the California Rules of Professional Responsibility which City deems in good faith not to be in the City’s best interest.

11. ASSIGNMENTS AND SUCCESSORS IN INTEREST
City and Firm bind themselves, their partners, successors, assigns, executors and administrators to the terms of this Agreement. Except as otherwise set forth in this Agreement, no interest in this Agreement or any of the work provided for in this Agreement shall be assigned or transferred, either voluntarily or by operation of law, without the prior written approval of the City Council.

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

12. INDEPENDENT CONTRACTOR
In performing work required under this Agreement, Firm is not an agent nor employee of City but an independent contractor. Firm shall at all time act as an independent contractor with respect to the performance of this Agreement, with full rights to manage its employees subject to the requirements of the law. Neither Firm nor any employees or agents of Firm shall be considered an employee of City for any purpose.

13. RECORDS AND DOCUMENTATION
Firm shall maintain complete and accurate records of the services provided to City and expenses incurred on behalf of City. Firm agrees to assist City in meeting City’s reporting requirements to other agencies with respect to Firm’s work under this Agreement. All records, reports and documentation relating to the work performed under this Agreement shall be made available to City during the term of this Agreement, and for a period of six (6) years after termination of the Agreement.

14. FAIR EMPLOYMENT
Firm shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical

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disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.

15. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Firm agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney’s fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, arising from Firm’s negligent, reckless or otherwise wrongful acts, errors, or omissions with respect to or in any way connected with the performance of the work by Firm, its agents, subcontractors and/or assigns under this Agreement.

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

16. INSURANCE REQUIREMENTS
Firm shall maintain in full force and effect the following insurance policies:

A. Commercial general liability policy (bodily injury and property damage); B. Worker’s compensation/employer’s liability policy;
C. Business automobile liability insurance policy; and, D. Professional liability policy.

Said policies shall be maintained with respect to employees and vehicles assigned to the performance of work under this Agreement with coverage amounts, endorsements, certificates of insurance and coverage verifications as set forth in Exhibit C entitled “Insurance Requirements” attached and incorporated by this reference.

17. CONFIDENTIALITY AND DISCLOSURE
The data, information and reports acquired or prepared by Firm in connection with matters upon which the City has retained Firm shall not be shown or distributed to any other public or private person or entity except as authorized by the City Council and in no event prior to having been first disclosed to the City Council , in accordance with applicable state law. All information, documents, records, reports, data or other materials furnished by City to Firm or other such information, documents, records, data or other materials to which the Firm has access during its performance pursuant to this Agreement are deemed confidential and shall remain the property of City. Firm shall not make oral or written disclosure of such documents or materials, other than as necessary for its performance under this Agreement, without the prior written approval of the City Attorney.

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City is subject to the requirements of the California Public Records Act (PRA). In accordance with case law interpreting the PRA (including but not limited to Los Angeles County Board of Supervisors v. Superior Court (2016) 2 Cal.5th 282 and Los Angeles County Board of Supervisors v. Superior Court (2017) 12 Cal.App.5th 1264) billing statements for closed files may be disclosable to the public. In the event a request is made for Firm’s billing records, City shall give Firm reasonable notice to allow Firm to seek protection from disclosure by a court of competent jurisdiction, at Firm’s sole expense. Firm agrees to defend, indemnify and hold harmless City against any and all claims or losses including reasonable attorney’s fees and costs arising from Firm’s request to withhold production of any documentation in response to a PRA request. In no event shall City be liable to Firm for disclosure of any documentation made in response to a PRA request.

18. AMENDMENTS
This Agreement, including any Exhibits attached to it, represents the entire understanding of the Parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may be modified only by a written amendment duly executed by the Parties to this Agreement.

19. 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. No third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.

20. NOTICES
All notices, invoices, reports or other communication to the Parties shall be properly given if delivered in person or sent by First Class mail, email or overnight delivery and addressed as follows:

Santa Clara City Attorney’s Office
c/o Chief Assistant Attorney
1500 Warburton Avenue
Santa Clara, CA 95050
Email: [email protected]

And to Firm addressed as follows:

Lozano Smith
7404 N. Spalding Avenue
Fresno, CA 93720
Email: [email protected]

Either Party may change its address for receipt of notices under this Agreement by notice given in the manner provided herein.

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

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

23. LICENSE REQUIREMENTS
Firm shall demonstrate that the attorneys who provide legal services to City under this Agreement are licensed to practice law in the State of California and, if not, indicate to the satisfaction of the Chief Assistant City Attorney why such license is not required to perform the services required.

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

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

SIGNATURES TO FOLLOW

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CITY OF SANTA CLARA, CALIFORNIA
A Chartered California Municipal Corporation

Dated: ________________________

_________________________________________

MAYOR LISA GILLMOR
“City”

LOZANO SMITH LLP
Dated:

By:

Name, Title: Karen M. Rezendes, Managing Partner
Principal Place of
Business: Lozano Smith, LLP
Telephone/Fax: (925) 953-1620
Email: [email protected]
“Firm”
APPROVED AS TO FORM:

Dated:

By:

Name, Title: Jenica Maldonado, Of Counsel
Principal Place
of Business: Renne Public Law Group
Telephone/Fax: (415) 848-7200
Email: [email protected]
“Outside Counsel”
03/31/2022
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EXHIBIT A

SCOPE OF SERVICES

A. Scope of Services. The scope of services for this Agreement shall include performance of the following duties and responsibilities by the Firm:

1. Act as the City of Santa Clara’s (City) Interim City Attorney.

2. Perform, or supervise the performance of, all duties as prescribed under the City Charter § 908.

3. Represent and advise the City Council and all City officers in all matters of law pertaining to their offices.

4. Represent and appear on behalf of the City and any City officer or employee in all legal actions or proceedings which the City or any such officer or employee, in or by reason of his/her official capacity is a party; provide the City Council with information and advice regarding ongoing litigation and legislation that affects the City.

5. Attend all City Council meetings and gives advice or an opinion in writing whenever requested to do so by the City Council or officers of the City.

6. Staff board and commission meetings as necessary.

7. Approve the form of all bonds and given to and all contracts made by the City, endorsing approval thereon in writing.

8. Review and approve all ordinances and resolutions and amendments thereof.

9. Prosecute cases for violation of the Charter and City ordinances; and

10. Assist and provide training on current issues in the law and City policy as needed.

11. Advise the City Council, Commissions, and City officials and staff on legal matters pertaining to municipal government, including but not limited to, the Ralph M. Brown Act, Elections Code, Public Records Act, Political Reform Act and GC 1090, Robert’s Rules of Order, and MMBA.

12. Advise on procedural and substantive issues that arise during meetings.

13. Prepare or review or provide guidance to CAO staff regarding necessary legal documents such as: ordinances and resolutions; various types of agreements, real property instruments of varying nature including purchase agreements and escrows, leases, covenants, deeds, easements and licenses; bond size, amount, and offering terms and conditions; public works construction documents including bid specifications, contracts, bonds, insurance, liens and related documents; memorandums of understanding; franchise agreements; bargaining agreements A-2
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and bargaining agreement language, employment agreements, independent contract agreements, investigation reports, as required, public records act response and other legal documents as requested by the City.

14. Ensure attorney staffing at all meetings of the City Council and Stadium Authority. Meeting dates for the identified bodies are set forth on the City’s website.

15. Support the following tasks on an as-needed basis:
a. Attend Council workshops or other meetings as specified by the Council, including meetings with individual Councilmembers and the City Manager, as requested.
b. Provide prompt response to inquiries by City Manager, City Clerk, or Mayor and Councilmembers, on a wide variety of topics
c. Analyze proposed and enacted legislation, publish legal opinions, and other matters that may have an impact on the operations of the city upon request.
d. Review Requests for Proposals to be published before publication upon request.
e. Upon request, provide input regarding administrative hearings. f. Review Public Records Act requests as well as documents scheduled for production prior to response/production upon request.
g. Review and provide input to CAO staff and Risk Manager on litigation management including but not limited to litigation involving in the Stadium Authority.
h. Oversee or provide input regarding court appearances handled by CAO staff (Municipal Code violation prosecutions, Pitchess motions, GVROs, WVROs, dangerous dog hearings, etc.).
i. Provide legal advice pertaining to real estate and land use issues, including, but not limited to, property acquisition (including eminent domain), property disposals (including Surplus Land Act), leases, public improvements, easements, dedications, CEQA, and public utilities as requested.
j. Provide legal advice and services on labor or personnel matters as required.
k. Be available for consultation with City staff, as needed, on legal matters which are within their area of operation and maintain office hours at City A-3
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Hall as requested by the City Council at times mutually agreeable to Council.
l. Promptly respond to calls, emails, and correspondence from City officials and staff.
m. Perform such other legal duties as may be required by the City Council that are necessary to complete the City Attorney functions. n. Provide supervisory support to the attorneys and staff of the City Attorney’s Office.
o. Retain and work with existing outside legal counsel on specific litigation or transactional advice matters.

16. In addition to the more technical scope of work outlined above, the Interim City Attorney must understand their role in local government, avoiding political debates and active participation in the policy and managerial decision-making process entrusted to the City Council and the City Manager. The Interim City Attorney is expected to provide technically sound and consistent legal advice to members of the City Council and City staff while maintaining trust and unwavering ethical standards no matter the situation or the individuals involved.

17. Work collaboratively with CAO staff and the long-term City Attorney to properly transition performance of job duties to the long-term City Attorney once hired by Council.

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EXHIBIT B

BILLABLE RATES

Firm shall bill its time by the hour at the hourly billable rate assigned to each attorney. Firm shall bill City for its services at its current hourly rates, which are as follows:

Partners / Senior Counsel / Of Counsel $300/hour
Associate $275/hour
Paralegal / Law Clerk $195/hour
Consultant $195/hour
The following attorneys and staff members are authorized to bill regarding this engagement.

Only attorneys expressly identified herein are authorized to bill regarding this engagement. Firm may seek permission from City to authorize additional billers in accordance with Section 5 of the Agreement:
• James (Jim) Sanchez, Senior Counsel
• Steve Ngo, Partner
• Manuel Martinez, Partner
• Constantine Baranoff, Senior Counsel
• Alyse Pacheco Nichols, Senior Counsel
• Stephanie Arwick, Paralegal
• Stephanie Darand, Law Clerk
The hourly rates specified in this Exhibit B apply throughout the term of this Agreement.

Firm will be reimbursed for out-of-pocket costs and expenses actually incurred by Firm in the above-described representation of City, with the exception of fees specifically excluded herein.

Reimbursable out-of-pocket expenses shall be pre-approved by City Council and may include, but are not limited to third party reproduction and printing costs, postage, filing fees, transcript costs, and notary fees, to the extent that any such costs are incurred on behalf of City.

With respect to reimbursement of travel-related expenses, the City shall provide monthly car allowances for Attorneys Jim Sanchez and Steve Ngo, respectively, in an amount not to exceed $500 per attorney. No other attorneys or staff of Firm are eligible to receive a car allowance or to receive reimbursement from the City for travel-related expenses. Except as noted in Section 8 of the Agreement (including lodging for Mr. Sanchez up to four times per month to facilitate working in person for the City), the City will not reimburse the cost of air travel, per diem, or any other travel-related expenses incurred by any attorney of Firm attendant to the Firm’s B-2
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representation of City for this engagement. As specified in Section 8 of the Agreement, the Firm will not bill and the City will not pay attorney or staff billable rates for travel time to and from the City for in-person work.

In no event shall the maximum amount of fees plus costs exceed the maximum not to exceed contract amount listed below.

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Maximum Not to Exceed Contract Amount
In no event shall the total amount paid to the Firm for services, including all fees, costs and/or expenses, under this Agreement exceed Three Hundred Thousand Dollars and Zero Cents ($300,000.00) subject to budgetary appropriations. Further authorization beyond this amount must be approved by City Council and memorialized as a written amendment to this Agreement.

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EXHIBIT B

BILLING STANDARDS

A. All cases shall be billed monthly pursuant to paragraph 7 of this Agreement, and shall comport with State and ABA billing standards.

B. The fee portion of each invoice shall include the attorney’s name (or initials, if full name is noted elsewhere on invoice), amount, date work was performed, the amount of time expended, rate per hour, and a brief description of the services rendered as a basis for fee calculation, or other method of determining the fees. All tasks set forth in Firm’s billing documentation shall be specific and detailed. Examples of unacceptable billing entries include but are not limited to: overly generalized listings of task descriptions (e.g., “review contract” or “prepare for negotiations”); double staff or attorney time on any task, unless expressly authorized by the City Council; block billing; time billed for additional newly assigned attorney(s) to learn case file; assigned work by law clerks; administrative costs; word processing charges; secretarial or clerical charges; time spent on researching and/or drafting work that Firm has done and billed another client for in the past.

C. Billings under this Agreement shall not be provided in more than six (6) minute increments and shall represent the devotion of a full six minutes before an increment is billed.

D. The cost and expense portion of the invoice shall clearly identify the nature and amount and any other cost(s) billed to City must be separately itemized with prior written approval of the Chief Assistant City Attorney. Any experts or contractors hired by Firm on behalf of City whose charges are billed through the Firm must also provide such billing itemization and such billing shall be attached to the billing provided to City by Firm. Professional fees and expenses invoiced to City shall be due and payable within thirty (30) days after receipt of Firm’s statement.

E. In support of payment for such bill, Firm shall furnish payroll records, bills, invoices, receipts or other evidence of reimbursable expenses incurred as reasonably requested by the Chief Assistant City Attorney. City reserves the right to require additional substantiation of any item of claimed expense.

F. Each month’s bill should include the total billable hours and expenses to date for each matter.

G. City encourages the use of paralegals for any task that can be delegated. However, similar to attorneys, no more than two paralegals (but preferably one) should work on each case.

H. Messenger and other charges in excess of actual costs are not permitted.

I. Postage charges are billable at actual cost.

J. Expert witness fees are not automatically authorized. Firm shall obtain approval for each expert witness from the Chief Assistant City Attorney.

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K. Firm shall maintain at least the insurance coverage set forth in Exhibit C at all times.

L. Work performed on a not-to-exceed basis may not be increased without prior approval by the City Council, depending upon the amount in question.

M. If Firm is provided with a new case directly from the Chief Assistant City Attorney or City Council or if a matter arises that requires Firm to open a new file, the Chief Assistant City Attorney and City Council should be informed immediately.

N. City expects that Firm will resolve all discovery disputes without court intervention. If this is impossible due to the conduct of others, please inform the Chief Assistant City Attorney immediately.

O. City’s Finance Department may send a request for an auditor response letter annually.

Firm will respond to these requests timely and will provide a copy of Firm’s response letter to the Chief Assistant City Attorney.

P. Firm will provide copies of all motions or briefs which are filed related to City’s litigation matters handled by Firm. Unless previously requested, Firm does not need to send drafts or miscellaneous correspondence. Copies of significant pieces of correspondence should be provided to the City Council and Chief Assistant City Attorney, unless City Council directs the Firm to omit the Assistant City Attorney from such communication, in which case the correspondence would be directed to Council alone.

Q. City expects early and frequent evaluation of its litigation cases handled by Firm. If the likelihood of success on a particular case is low, City needs to know up front in order to minimize litigation costs and make reasonable attempts to settle the case.

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EXHIBIT C

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

A. COMMERCIAL GENERAL LIABILITY INSURANCE

1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$2,000,000 Each Occurrence
$4,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury

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

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

B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services C-2
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Office form CA 00 01. Liability coverage shall apply to all owned (if any), non-owned and hired autos.

C. WORKERS’ COMPENSATION

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

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

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

D. PROFESSIONAL LIABILITY
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Contractor. Covered services as designated in the policy must specifically include work performed under this agreement. Coverage shall be in an amount of not less than one million dollars ($2,000,000) per claim or two million dollars ($4,000,000) aggregate. Any coverage containing a deductible or self-retention must first be approved in writing by the City Attorney’s Office.

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

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

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

3. Cancellation.

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

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

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

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

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

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

G. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the C-4
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City all certificates and endorsements for the required insurance policies for City’s approval as to adequacy of the insurance protection.

H. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement. Upon City’s request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be mailed to:

EBIX Inc.

City of Santa Clara [*insert City department name here] P.O. Box 100085 – S2 or 1 Ebix Way
Duluth, GA 30096 John’s Creek, GA 30097
Telephone number: 951-766-2280
Fax number: 770-325-0409
Email address: [email protected]
I. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-493 Agenda Date: 4/5/2022

REPORT TO COUNCIL

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

COUNCIL PILLAR
Enhance Community engagement and Transparency

BACKGROUND
With the departure of the City Manager, the City has a need to hire a recruiter to fill the position. In 2021 the City conducted an RFP to hire a recruiting firm to conduct a recruitment for a new City Attorney. The evaluators determined that Bob Murray & Associates, a well-known public sector recruiting firm, was the most capable to conduct the recruitment. In January of 2022, the Council authorized entering into an Agreement with Bob Murray & Associates to conduct the City Attorney recruitment. The City may now rely upon the recent RFP to utilize the same firm. Bob Murray & Associates has agreed to the same agreement with an increase in the flat recruitment cost to $35,000.00 due to the increased work necessary for a City Manager recruitment compared to the City Attorney recruitment.

DISCUSSION
The terms of the Agreement are for $35,000 flat rate for services and $10,000 in reimbursable expenses with a not-to-exceed cost of $45,000.00. The City requires these services to perform a wide search for the best possible City Manager candidate.

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 Agreement has a not-to-exceed amount of $45,000.00.

COORDINATION
This report has been coordinated with the City Manager’s Office and the Human Resources 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 City of Santa Clara Printed on 3/31/2022Page 1 of 2
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22-493 Agenda Date: 4/5/2022
and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected].

RECOMMENDATION

1. Authorize the Mayor to execute an agreement with GVP Ventures, Inc. dba Bob Murray & Associates for executive recruiting services for the City Manager vacancy for a six-month term starting April 6, 2022 and ending on October 6, 2022, with an option to extend for up to an additional six (6) months with no increase in rates, with maximum compensation not-to-exceed $35,000 for services and $10,000 for costs and fees, subject to appropriation of funds, in a substantially similar form as that attached hereto. Authorize the Office of the City Attorney to approve the Agreement as to form; and

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

ATTACHMENTS

1. Agreement for City Manager Recruitment Services for a City Manager Recruitment with Bob Murray & Associates
City of Santa Clara Printed on 3/31/2022Page 2 of 2
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277638.2

AGREEMENT FOR SERVICES

BETWEEN THE

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

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

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

The Parties agree as follows:

AGREEMENT TERMS AND CONDITIONS

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

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

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2. TERM OF AGREEMENT
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on April 5, 2022 and terminate on October 5, 2022, unless this Agreement is approved by the City Council at a later date in which case the term will be six months from date of approval, with an option for City to extend for up to additional six (6) months with no increase in rates. The option may be exercised by City by sending communication clearly indicating such exercise, to the contact listed in the “Notices” section below, on or before the expiration date stated above.

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

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

This provision shall survive termination of this Agreement.

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

6. COMPENSATION AND PAYMENT
In consideration for Contractor’s complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled “SCHEDULE OF FEES.” The maximum compensation of this Agreement is Forty-Five-Thousand Dollars and Zero Cents ($45,000), subject to budget appropriations. All work performed or materials provided in excess of the maximum compensation shall be at Contractor’s expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance. All costs including but not limited to those specifically listed in Exhibit B are included in the maximum amount set forth above and may not exceed Ten-Thousand Dollars and Zero Cents ($10,000). In no event shall City be obligated to pay late fees or interest, whether or not such requirements are contained in Contractor’s invoice.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

This obligation shall survive any termination of this Agreement.

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

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

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

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

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

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

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

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

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

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

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And to Contractor addressed as follows:

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

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

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

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

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

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

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

19. CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 and following, and certifies that

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

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

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

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

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

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

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

26. COUNTERPARTS/ ELECTRONIC TRANSMISSION OF CONTRACT AND

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

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

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

16.5 and Civil Code section 1633.7.

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

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

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

Office of the City Attorney
City of Santa Clara

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

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

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

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

Agreement with GVP Ventures dba Bob Murray & Associates Page 1 Exhibit B-Schedule of Fees
Rev. 03-30-22
277638.2
Exhibit A Scope of Services
See Bob Murray & Associates City Manager Recruitment
Exhibit A

Agreement with GVP Ventures dba Bob Murray & Associates Page 2 Exhibit B-Schedule of Fees
Rev. 03-30-22
277638.2

EXHIBIT B

ESTIMATED TIMELINE FOR COMPLETION
[TBD]

Agreement with GVP Ventures dba Bob Murray & Associates Page 1 Exhibit C-Insurance Requirements
Rev. 01-20-22
277638.2

EXHIBIT C

A. COMMERCIAL GENERAL LIABILITY INSURANCE

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

B. WORKERS’ COMPENSATION

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

Agreement with GVP Ventures dba Bob Murray & Associates Page 2 Exhibit C-Insurance Requirements
Rev. 01-20-22
277638.2
Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.

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

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

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

3. Cancellation.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non- payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such

Agreement with GVP Ventures dba Bob Murray & Associates Page 3 Exhibit C-Insurance Requirements
Rev. 01-20-22
277638.2
modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non- renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non-renewal.

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

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

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

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

Agreement with GVP Ventures dba Bob Murray & Associates Page 4 Exhibit C-Insurance Requirements
Rev. 01-20-22
277638.2
maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City’s approval as to adequacy of the insurance protection.

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

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

EBIX Inc.

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

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

Exhibit B
Executive Recruitment

for the Position of

CITY MANAGER

on behalf of the

1544 Eureka Road, Suite 280
Roseville, CA 95661
(916) 784-9080
(916) 784-1985 fax
( B □ B MURRAY
& ASSOCIATES
E :XPl:AT. I N Exl:0UTIVC SCAR.CM
··---7: I T o· ~> ~·
S i\NT~A. CLARA.

Bob Murray & Associates Exhibit B - City of Santa Clara/City Manager Page 2

STEP 1 DEVELOP THE CANDIDATE PROFILE

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

Ms. Gaeta Phillips and Gary Phillips will review and help define the City’s wish-list regarding the ideal candidate’s personality, management style, knowledge, skills, and abilities and will work with the City to identify expectations regarding education and experience. The Mayor and City Council and Ms. Gaeta Phillips and Gary Phillips will discuss c ompensation, benefits, and other key information necessary to ensure that outstanding candidates are attracted to this opportunity .

The profile we develop together at this stage will drive subsequent recruitment efforts.

Optional Service: Community and Staff Involvement

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

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

STEP 2 DESIGN/DISTRIBUTE BROCHURE AND ADVERTISEMENTS

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

Upon your approval, Ms. Gaeta Phillips an d Gary Phillips will send the brochure by postal mail and email to a targeted audience, personally inviting potential candidates to apply for the City Manager position. We will also place the recruitment brochure on our website, which attracts over 11,000 unique hits weekly and is a trusted resource for candidates seeking execu tive and professional positions. Two sample brochures are included in this proposal package for your reference.

Ms. Gaeta Phillips and Gary Phillips will also design an effective advertising campaign appropriate for the City Manager recruitment. Our broadest outreach comes through our active social media involvement on Facebook, LinkedIn , and Twitter, w here upcoming and current positions are posted. Sources such as Western City Magazine, the “Jobs Available” newsletter, and the Careers in Government website will be used to reach an extensive local government audience, while position- Bob Murray & Associates Exhibit B - City of Santa Clara/City Manager Page 3 specific postings will be chosen to attract candidates who have built their care ers in and are committed to the City Manager field.

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

ICMA Newsletter
League of Women in Government

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

Reaching Diverse Candidates

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

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

STEP 3 RECRUIT CANDIDATES

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

""
Bob Murray & Associates Exhibit B - City of Santa Clara/City Manager Page 4 STEP 4 SCREEN CANDIDATES

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

STEP 5 CONDUCT PRELIMINARY INTERVIEWS

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

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

STEP 6 SEARCH PUBLIC RECORDS

Under the direction of Ms. Gaeta Phillips and Gary Phillips , your dedicated Recruitment Coordinator will conduct a review of p ublished print and online articles for each recommended candidate. Sources include Lexis -Nexis™, Google, social media, and our contacts in the field .

This will alert Ms. Gaeta Phillips and Gary Phillips to any further detailed inquiries we may need to make before our recommendations are finalized.

STEP 7 MAKE RECOMMENDATIONS

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

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

Candidate list with Recommended Finalists identified in Group 1 and Group 2 (primary and secondary recommendations), as well as Internal candidates Summary of experience , education, and salary information for each Recommended Finalist candidate
Complete cover letter and resume for each Recommended Finalist candidate Bob Murray & Associates Exhibit B - City of Santa Clara/City Manager Page 5 List of Other Applicants (those who did not meet minimum qualifications or were otherwise unsuitable, based on our screening process)

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

STEP 8 FACILITATE FINAL INTERVIEWS

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

Ms. Gaeta Phillips and Gary Phillips will be present on -site during the interviews to facilitate as necessary during the process and to guide discussion to consensus regarding final candidates.

Bound interview books will be provided to each interview panel member containing:

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

We will work closely with your staff to coordinate and schedule interviews and candidate travel.

Our goal is to ensure that each candidate has a very positive experienc e, as the way the entire process is conducted will influence the final candidates’ perception of your organization.

STEP 9 CONDUCT BACKGROUND AND REFERENCE CHECKS

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

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

Bob Murray & Associates Exhibit B - City of Santa Clara/City Manager Page 6 STEP 10 ASSIST IN NEGOTIATIONS

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

COMPLETE ADMINISTRATIVE ASSISTANCE

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

Candidates receive immediate acknowledgement of their applications, a s well as personal phone calls and/or emails (as appropriate) advising them of their status at each crit ical point in the recruitment. Candidates who receive preliminary or final interviews and are not chosen to move forward in the interview process will r eceive personal calls from Ms. Gaeta Phillips and Gary Phillips on behalf of the City of Santa Clara.

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

Bob Murray & Associates Exhibit B - City of Santa Clara/City Manager Page 7 COSTS

PROFESSIONAL FEE AND EXPENSES

The fixed, flat professional services fee for conducting the City Manager recruitment on behalf of the City of Santa Clara is $35,000. Services provided for in this fee consist of all steps outlined in this Exhibit, including three (3) days of meetings on site. The professional fee does not limit the amount of time invested by Bob Murray & Associates in promoting a successful outcome for this project. In fact, our mission for this project is to ensure we assist in identifying the right candidate for the City of Santa Clara. Therefore, Ms. Gaeta Phillips and Gary Phillips will contact the City at the first anniversary of the placement to confirm an effective transition has occurred.

The City of Santa Clara will also be responsible for reimbursing expenses Bob M urray & Associates incurs on your behalf. We estimate expenses for this project not to exceed $10,000.

Reimbursable expenses include (but are not limited to) such items as the cost of recruiter travel; clerical support; brochure development; placement of ads; credit and civil background checks; education verification; and public records searches. Postage, printing, photocopying, and telephone charges are allocated costs and included in the expense estimate. In no instance will expenses exceed this estimate without prior approval from the City of Santa Clara.

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

Optional Services

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

Professional Fees and Reimbursable Expenses
Professional Services (Fixed Flat Fee) $35,000
Reimbursable Expenses
Example costs and approximate amounts include:

Brochure Design and Printing ($1,375)
Advertising ($6,000)
Background Checks – 3 candidates ($550)
Consultant Travel ($1,500)
Other expenses – supplies, shipping, clerical ($575)
$10,000
Not-to-Exceed Total $45,000
► ~►
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-494 Agenda Date: 4/5/2022

REPORT TO COUNCIL

SUBJECT
Action on:

1. Adoption of a Resolution approving the amended salary plan for Unclassified Employees;

2. Adoption of a Resolution approving the amended salary plan for As-Needed (Temporary) Employees; and

3. Approve and authorize the Mayor to execute an Agreement for Interim City Manager services with Rajeev Batra.

COUNCIL PILLAR
Enhance Community engagement and Transparency

BACKGROUND
The City Council formed a Committee to identify and recommend an Acting City Manager to the entire Council for its review and ultimate approval of an Agreement with an Acting or Interim City Manager in open session. Councilmember Hardy and Councilmember Chahal constitute the Committee. The Committee interviewed Mr. Rajeev Batra and recommended hiring him as Interim City Manager. The entire Council then also interviewed him. The Committee now recommends that the Council vote to approve the Employment Agreement with Mr. Batra formally. The Agreement requires Mr. Batra to start his duties as Interim City Manager on April 6, 2022.

The departure of the past City Manager necessitates hiring an Interim City Manager while the City recruits a new permanent City Manager. A prior Council item considered this evening is the recommendation to hire Bob Murray and Associates as recruiters to conduct the recruitment for the permanent City Manager.

The City is bound by the rules for hiring a PERS Annuitant, including the requirement that the person employed in an existing position not be paid an amount that is different from the hourly rate and salary listed in the current City’s Salary Plan for the position. The Committee negotiated an hourly pay rate for the Interim City Manager that is 5% less than the past City Manager’s salary. To effectuate that pay rate, the Council must adopt a Resolution and an amendment to the City of Santa Clara Unclassified/Elected Salary Plan. An additional Resolution and amendment to the City’s As- Needed (Temporary) Employee’s Salary Plan are also necessary to pay Mr. Batra in the As-Needed, Temporary Employee classification.

DISCUSSION
Rajeev Batra has a long and successful record as a public employee with the City of San José, the City of Santa Clara, and in the private sector. A copy of his resume is attached. He has previously served the City of Santa Clara as City Engineer and City Engineer/Public Works Director. He also was Acting and Interim City Manager for the City of Santa Clara before the past City Manager’s City of Santa Clara Printed on 3/31/2022Page 1 of 3
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22-494 Agenda Date: 4/5/2022
tenure. He is well qualified to serve as Interim City Manager and is familiar with many of the City’s issues and some of its current employees.

The pay rate proposed is $214.06 per hour, with a monthly rate of $37,103.73 and an annual salary of $445,244.80. The past City Manager’s annual salary was $468,673.97. The Interim City Manager will not receive any benefits or PERS payments, so there is an additional saving to the City of more than $300,000 per year. Mr. Batra will be a PERS annuitant, a retired employee who is limited to working 960 hours per fiscal year and is not entitled to any benefits. The As-Needed Temporary Employee’s Salary Plan Consultant Category is currently capped at $200.00 per hour. This amendment will permit Batra to be paid at the $214.06 per hour rate.

Mr. Batra’s Agreement includes reimbursement for normal and usual conferences and for city-related driving. He will not be reimbursed for commute mileage or time and may not use a City vehicle for commuting. Mr. Batra may use City vehicles if they are available during work hours for City business.

He can be terminated at any time with 14 days’ notice and is not entitled to any severance if the City elects to terminate his Agreement, for any reason. The term of the Agreement is from April 6, 2022, to January 31, 2023. It is anticipated that a new permanent City Manager will be hired by that time.

FISCAL IMPACT
The City will not be paying Batra any benefits, and will thus result in a salary and benefit savings. The Agreement includes a not-to-exceed amount of $36,051.84 per every two consecutive two-week pay periods (total of 4 consecutive weeks).

COORDINATION
This report has been coordinated with the City Manager’s Office and the Human Resources 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]. As required, this matter is being considered at a regular City Council meeting.

RECOMMENDATION

1. Adopt a Resolution approving the amended pay plan for Unclassified Employees;

2. Adopt a Resolution approving the amended pay plan for As-Needed (Temporary) Employees; and

3. Approve and authorize the Mayor to execute an Agreement for Interim City Manager Services with Rajeev Batra.

ATTACHMENTS

1. Resolution Approving the Amended Salary Pay Plan for Unclassified Employees City of Santa Clara Printed on 3/31/2022Page 2 of 3
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22-494 Agenda Date: 4/5/2022

2. Unclassified Salary Plan eff 4-5-2022 (for Council 4-5-2022)

3. Resolution Approving the Amended Salary Pay Plan for As-Needed (Temporary) Employees

4. As-Needed Salary Plan eff 4-5-2022 (for Council 4-5-2022)

5. Agreement for Interim City Manager Services with Rajeev Batra

6. Rajeev Batra’s Resume
City of Santa Clara Printed on 3/31/2022Page 3 of 3
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Resolution/Update Classified and Unclassified Salary Plan (eff 4-5-22) Page 1 of 2 Rev: 3/28/22
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

TO ADOPT THE AMENDED UNCLASSIFIED SALARY PLAN
FOR THE CITY MANAGER’S POSITION WITH AN APPROVAL
DATE OF APRIL 5, 2022

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

WHEREAS, the City of Santa Clara contracts with CalPERS to provide retirement benefits; WHEREAS, to comply with the California Code Regulations section 570.5, the City of Santa Clara shall among other things, have pay scheduled approved and adopted by the City Council; and indicate an effective date and date of any revisions; and, WHEREAS, as required by the California Code Regulations section 570.5 and as mandated by CalPERS, the City Council deems it to be in the best interests of the City to adopt the Amended Classified and Unclassified Salary Plans for City of Santa Clara classifications when there are salary modifications to existing classifications, and when new classifications are created and salary ranges need to be established, with an approval date of April 5, 2022.

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

1. That the City hereby adopts the Amended Unclassified Salary Plans adding a minimum salary for the City Manager’s position for the City of Santa Clara. //
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Resolution/Update Classified and Unclassified Salary Plan (eff 4-5-22) Page 2 of 2 Rev: 3/28/22

2. Effective date. In accordance with the California Code Regulations section 570.5 and to comply with CalPERS, the salary schedule for various classified positions shall be effective April 5, 2022 and adopted with an approval date of April 5, 2022.

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

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

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments incorporated by reference:

1. Unclassified Salary Plan eff 4-5-2022 (for Council 4-5-2022) City of Santa Clara
Unclassified/Elected Salary Plan
Effective 4/5/2022
Approved 4/5/2022
Minimum Salary Maximum Salary
Job Title Job Code Union Code Hourly Monthly Annual Hourly Monthly Annual ACCOUNTING DIVISION MANAGER 109 9 77.609365$ 13,452.29$ 161,427.48$ 100.434577$ 17,408.66$ 208,903.92$ ASST BUILDING OFFICIAL 222 9 82.721827$ 14,338.45$ 172,061.40$ 107.060250$ 18,557.11$ 222,685.32$ ASST CITY ATTORNEY 015 9 96.142038$ 16,664.62$ 199,975.44$ 124.423327$ 21,566.71$ 258,800.52$ ASST CITY CLERK 010 9 64.303673$ 11,145.97$ 133,751.64$ 83.216192$ 14,424.14$ 173,089.68$ ASST CITY LIBRARIAN 012 9 83.770846$ 14,520.28$ 174,243.36$ 108.410712$ 18,791.19$ 225,494.28$ ASST CITY MANAGER 016 9 130.271308$ 22,580.36$ 270,964.32$ 168.578596$ 29,220.29$ 350,643.48$ ASST DIR OF COMMUNITY DEV 038 9 94.684038$ 16,411.90$ 196,942.80$ 123.088962$ 21,335.42$ 256,025.04$ ASST DIR OF ELECTRIC UTIL 021 9 113.493058$ 19,672.13$ 236,065.56$ 146.874750$ 25,458.29$ 305,499.48$ ASST DIR OF FINANCE 022 9 90.324173$ 15,656.19$ 187,874.28$ 116.893327$ 20,261.51$ 243,138.12$ ASST DIR OF HUMAN RESOURCES 018 9 90.324173$ 15,656.19$ 187,874.28$ 116.893327$ 20,261.51$ 243,138.12$ ASST DIR OF PUB WORKS/CITY ENG 071 9 99.608596$ 17,265.49$ 207,185.88$ 128.908788$ 22,344.19$ 268,130.28$ ASST DIR OF WATER & SEWER UTIL 014 9 89.401788$ 15,496.31$ 185,955.72$ 115.705615$ 20,055.64$ 240,667.68$ ASST FIRE CHIEF 024 9B 130.548635$ 22,628.43$ 271,541.16$ 168.953885$ 29,285.34$ 351,424.08$ ASST FIRE MARSHAL 026 9B 100.129788$ 17,355.83$ 208,269.96$ 129.579692$ 22,460.48$ 269, 525.76$
ASST POLICE CHIEF 027 9A 135.183519$ 23,431.81$ 281,181.72$ 174.940904$ 30,323.09$ 363,877.08$ ASST TO THE CITY MANAGER 028 9 88.298481$ 15,305.07$ 183,660.84$ 114.264750$ 19,805.89$ 237,670.68$ AUDIT MANAGER 201 9 74.715519$ 12,950.69$ 155,408.28$ 96.690635$ 16,759.71$ 201,116.52$ BATTALION CHIEF 036 9B 107.875385$ 18,698.40$ 224,380.80$ 139.592654$ 24,196.06$ 290,352.72$ BATTALION CHIEF 24 HRS 036S 9BS 73.385069$ 17,808.11$ 213,697.32$ 94.963599$ 23,044.50$ 276,534.00$ BUDGET & TREASURY DIVISION MGR 113 9 77.609365$ 13,452.29$ 161,427.48$ 100.434577$ 17,408.66$ 208,903.92$ BUILDING MAINTENANCE MANAGER 041 9 68.728846$ 11,913.00$ 142,956.00$ 88.943596$ 15,416.89$ 185,002.68$ BUILDING OFFICIAL 042 9 90.999404$ 15,773.23$ 189,278.76$ 117.761481$ 20,411.99$ 244,943.88$ CEMETERY OPERATIONS MANAGER 045 9 54.958962$ 9,526.22$ 114,314.64$ 71.122327$ 12,327.87$ 147,934.44$ CHIEF ASST CITY ATTORNEY 037 9 110.563038$ 19,164.26$ 229,971.12$ 143.086846$ 24,801.72$ 297,620.64$ CHIEF ELECTRIC UTILITY OFFICER 108 9 149.816827$ 25,968.25$ 311,619.00$ 193.875635$ 33,605.11$ 403,261.32$ CHIEF OPERATING OFFICER 311 9 149.816827$ 25,968.25$ 311,619.00$ 193.875635$ 33,605.11$ 403,261.32$ CITY ATTORNEY 060 Appointed 159.998077$ 27,733.00$ 332,796.00$ All classifications on the Unclassifed/Elected Salary Plan are FLSA "Exempt" 1 of 5 City of Santa Clara
Unclassified/Elected Salary Plan
Effective 4/6/2022
Approved 4/5/2022
Minimum Salary Maximum Salary
Job Title Job Code Union Code Hourly Monthly Annual Hourly Monthly Annual CITY CLERK 063 Elected 1,500.00$ 18,000.00$
CITY COUNCIL MEMBER CNCL Elected 2,000.00$ 24,000.00$ CITY LIBRARIAN 066 9 104.703000$ 18,148.52$ 217,782.24$ 135.498346$ 23,486.38$ 281,836.56$ CITY MANAGER 069 Appointed 214.060000$ 37,103.73$ 445,244.80$ 225.324000$ 39,056.16$ 468,673.92$ COMMUNICATIONS & OUTREACH MGR 083 9 62.392558$ 10,814.71$ 129,776.52$ 80.738308$ 13,994.64$ 167,935.68$ COMMUNICATIONS OPERATIONS MGR 068 9 70.700308$ 12,254.72$ 147,056.64$ 91.493769$ 15,858.92$ 190,307.04$ COMPLIANCE MANAGER 081 9 63.375231$ 10,985.04$ 131,820.48$ 82.010423$ 14,215.14$ 170,581.68$ CONTRACTS MANAGER 342 9 69.862269$ 12,109.46$ 145,313.52$ 90.402577$ 15,669.78$ 188,037.36$ DEPUTY CITY ATTORNEY I 170 9 60.083481$ 10,414.47$ 124,973.64$ 77.754058$ 13,477.37$ 161,728.44$ DEPUTY CITY ATTORNEY II 172 9 70.097423$ 12,150.22$ 145,802.64$ 90.716077$ 15,724.12$ 188,689.44$ DEPUTY CITY CLERK 178 9 54.114923$ 9,379.92$ 112,559.04$ 70.037135$ 12,139.77$ 145,677.24$ DEPUTY CITY MANAGER 079 9 97.130769$ 16,836.00$ 202,032.00$ 125.689385$ 21,786.16$ 261,433.92$ DEPUTY FIRE CHIEF 080 9B 118.680000$ 20,571.20$ 246,854.40$ 153.595615$ 26,623.24$ 319,478.88$ DEPUTY PARKS & REC DIRECTOR 175 9 78.489577$ 13,604.86$ 163,258.32$ 101.574000$ 17,606.16$ 211,273.92$ DEPUTY PUBLIC WORKS DIRECTOR 176 9 78.628212$ 13,628.89$ 163,546.68$ 101.754865$ 17,637.51$ 211,650.12$ DEVELOPMENT REVIEW OFFICER 144 9 76.065981$ 13,184.77$ 158,217.24$ 98.439000$ 17,062.76$ 204,753.12$ DIRECTOR OF COMMUNITY DEVELOPM090 9 115.108788$ 19,952.19$ 239,426.28$ 148.966788$ 25,820.91$ 309,850.92$ DIRECTOR OF FINANCE 087 9 114.879692$ 19,912.48$ 238,949.76$ 148.665346$ 25,768.66$ 309,223.92$ DIRECTOR OF HUMAN RESOURCES 088 9 105.902712$ 18,356.47$ 220,277.64$ 137.047731$ 23,754.94$ 285,059.28$ DIRECTOR OF INF TECHNOLOGY/CIO 089 9 109.278865$ 18,941.67$ 227,300.04$ 141.424673$ 24,513.61$ 294,163.32$ DIRECTOR OF PUBLIC WORKS 091 9 121.758577$ 21,104.82$ 253,257.84$ 157.569923$ 27,312.12$ 327,745.44$ DIRECTOR OF WTR & SEWER UTILS 102 9 110.358058$ 19,128.73$ 229,544.76$ 142.811308$ 24,753.96$ 297,047.52$ ELEC DIV MGR - ENGINEERING 104Q 9 93.790788$ 16,257.07$ 195,084.84$ 121.384788$ 21,040.03$ 252,480.36$ ELEC DIV MGR - GENERATION 104R 9 93.790788$ 16,257.07$ 195,084.84$ 121.384788$ 21,040.03$ 252,480.36$ ELEC DIV MGR - OPERATIONS 104P 9 93.790788$ 16,257.07$ 195,084.84$ 121.384788$ 21,040.03$ 252,480.36$ ELEC DIV MGR - SUBSTATIONS 104M 9 93.790788$ 16,257.07$ 195,084.84$ 121.384788$ 21,040.03$ 252,480.36$ ELEC DIV MGR - TRANSM, DISTRIB 104S 9 93.790788$ 16,257.07$ 195,084.84$ 121.384788$ 21,040.03$ 252,480.36$ All classifications on the Unclassifed/Elected Salary Plan are FLSA "Exempt" 2 of 5 City of Santa Clara
Unclassified/Elected Salary Plan
Effective 4/6/2022
Approved 4/5/2022
Minimum Salary Maximum Salary
Job Title Job Code Union Code Hourly Monthly Annual Hourly Monthly Annual ELEC DIV MGR-MKT A & P 107F 9 93.790788$ 16,257.07$ 195,084.84$ 121.384788$ 21,040.03$ 252,480.36$ ELEC DIVISION MANAGER 104 9 93.790788$ 16,257.07$ 195,084.84$ 121.384788$ 21,040.03$ 252,480.36$ ELEC PROGRAM MANAGER 424 9 81.564288$ 14,137.81$ 169,653.72$ 105.547038$ 18,294.82$ 219,537.84$ ELEC UTIL CHIEF OPER OFFICER 116 9 124.845346$ 21,639.86$ 259,678.32$ 161.567077$ 28,004.96$ 336,059.52$ ELEC UTIL RISK CONTROL ANALYST 697 9 73.045500$ 12,661.22$ 151,934.64$ 94.532308$ 16,385.60$ 196,627.20$ EMERGENCY SERVICES COORDINATOR106 9 61.337481$ 10,631.83$ 127,581.96$ 79.381846$ 13,759.52$ 165,114.24$ ENVIRONMENTAL PROGRAMS MGR 461 9 63.375231$ 10,985.04$ 131,820.48$ 82.010423$ 14,215.14$ 170,581.68$ EXECUTIVE ASSISTANT 187 9 53.301058$ 9,238.85$ 110,866.20$ 68.976058$ 11,955.85$ 143,470.20$ FIELD FOREPERSON 114 9 76.759269$ 13,304.94$ 159,659.28$ 99.331269$ 17,217.42$ 206,609.04$ FIRE CHIEF 117 9B 141.980308$ 24,609.92$ 295,319.04$ 183.729577$ 31,846.46$ 382,157.52$ FIRE MARSHAL 120 9B 107.875385$ 18,698.40$ 224,380.80$ 139.592654$ 24,196.06$ 290,352.72$ FLEET MANAGER 034 9 65.485327$ 11,350.79$ 136,209.48$ 84.741462$ 14,688.52$ 176,262.24$ HOUSING & COMM SVC DIV MGR 075 9 78.694558$ 13,640.39$ 163,684.68$ 101.845327$ 17,653.19$ 211,838.28$ HOUSING DEVELOPMENT OFFICER 749 9 61.801731$ 10,712.30$ 128,547.60$ 79.978673$ 13,862.97$ 166,355.64$ HUMAN RESOURCES DIV MGR 139 9 77.609365$ 13,452.29$ 161,427.48$ 100.434577$ 17,408.66$ 208,903.92$ INFORMATION TECHNOLOGY SVC MGR112 9 72.840519$ 12,625.69$ 151,508.28$ 94.254981$ 16,337.53$ 196,050.36$ INSPECTION MANAGER 134 9 77.946981$ 13,510.81$ 162,129.72$ 100.880712$ 17,485.99$ 209,831.88$ LEGAL EXECUTIVE ASSISTANT 185 9 53.301058$ 9,238.85$ 110,866.20$ 68.976058$ 11,955.85$ 143,470.20$ LIBRARY DIV MGR -SUPPORT SVCS 127G 9 65.437096$ 11,342.43$ 136,109.16$ 84.693231$ 14,680.16$ 176,161.92$ MANAGEMENT ANALYST 008 9 54.114923$ 9,379.92$ 112,559.04$ 70.037135$ 12,139.77$ 145,677.24$ MAYOR MAYOR Elected 2,500.00$ 30,000.00$
MUNICIPAL SERVICES DIV MGR 110 9 77.609365$ 13,452.29$ 161,427.48$ 100.434577$ 17,408.66$ 208,903.92$ PARK MAINT & OPERATIONS SUPERV 131 9 64.683519$ 11,211.81$ 134,541.72$ 83.698500$ 14,507.74$ 174,092.88$ PARKS & RECREATION DIRECTOR 132 9 106.704577$ 18,495.46$ 221,945.52$ 138.078692$ 23,933.64$ 287,203.68$ PARKS CONST, MTC & REPAIR MGR 130 9 64.683519$ 11,211.81$ 134,541.72$ 83.698500$ 14,507.74$ 174,092.88$ PERFORMANCE AUDITOR I 203 9 45.095769$ 7,816.60$ 93,799.20$ 58.364250$ 10,116.47$ 121,397.64$ PERFORMANCE AUDITOR II 204 9 54.114923$ 9,379.92$ 112,559.04$ 70.037135$ 12,139.77$ 145,677.24$ All classifications on the Unclassifed/Elected Salary Plan are FLSA "Exempt" 3 of 5 City of Santa Clara
Unclassified/Elected Salary Plan
Effective 4/6/2022
Approved 4/5/2022
Minimum Salary Maximum Salary
Job Title Job Code Union Code Hourly Monthly Annual Hourly Monthly Annual PLAN REVIEW MANAGER 629 9 78.784962$ 13,656.06$ 163,872.72$ 101.947788$ 17,670.95$ 212,051.40$ PLANNING MANAGER 072 9 82.161115$ 14,241.26$ 170,895.12$ 106.324731$ 18,429.62$ 221,155.44$ POLICE CAPTAIN 138 9A 128.757923$ 22,318.04$ 267,816.48$ 166.622942$ 28,881.31$ 346,575.72$ POLICE CHIEF 141 Elected 150.813462$ 26,141.00$ 313,692.00$ POLICE RECORDS MANAGER 647 9 55.742712$ 9,662.07$ 115,944.84$ 72.141173$ 12,504.47$ 150,053.64$ POWER SYSTEM SCHEDULER/TRADER 674 9 69.952731$ 12,125.14$ 145,501.68$ 90.529154$ 15,691.72$ 188,300.64$ POWER TRADER 673 9 89.401788$ 15,496.31$ 185,955.72$ 115.705615$ 20,055.64$ 240,667.68$ PRINCIPAL ACCOUNTANT 148 9 69.862269$ 12,109.46$ 145,313.52$ 90.402577$ 15,669.78$ 188,037.36$ PRINCIPAL ELECTRIC UTILITY ENG 145 9 89.335442$ 15,484.81$ 185,817.72$ 115.609154$ 20,038.92$ 240,467.04$ PRINCIPAL ENG - WATER & SEWER 142W 9 86.622462$ 15,014.56$ 180,174.72$ 112.100365$ 19,430.73$ 233,168.76$ PRINCIPAL ENG/CITY SURVEYOR 140 9 90.953712$ 15,765.31$ 189,183.72$ 117.707192$ 20,402.58$ 244,830.96$ PRINCIPAL ENGINEER 142 9 86.622462$ 15,014.56$ 180,174.72$ 112.100365$ 19,430.73$ 233,168.76$ PRINCIPAL FINANCIAL ANALYST 149 9 69.862269$ 12,109.46$ 145,313.52$ 90.402577$ 15,669.78$ 188,037.36$ PRINCIPAL PLANNER 143 9 69.862269$ 12,109.46$ 145,313.52$ 90.402577$ 15,669.78$ 188,037.36$ PRINCIPAL POWER ANALYST 154 9 69.862269$ 12,109.46$ 145,313.52$ 90.402577$ 15,669.78$ 188,037.36$ PRINCIPAL UTIL INFO SYSTEM MGR 146 9 89.401788$ 15,496.31$ 185,955.72$ 115.705615$ 20,055.64$ 240,667.68$ PUBLIC INFORMATION OFFICER 077 9 84.904269$ 14,716.74$ 176,600.88$ 109.869692$ 19,044.08$ 228,528.96$ PUBLIC RECORDS MANAGER 082 9 54.114923$ 9,379.92$ 112,559.04$ 70.037135$ 12,139.77$ 145,677.24$ PURCHASING DIVISION MANAGER 147 9 74.715519$ 12,950.69$ 155,408.28$ 96.690635$ 16,759.71$ 201,116.52$ RECREATION MANAGER 150 9 70.525442$ 12,224.41$ 146,692.92$ 91.264673$ 15,819.21$ 189,830.52$ RISK MANAGER 700 9 74.715519$ 12,950.69$ 155,408.28$ 96.690635$ 16,759.71$ 201,116.52$ SR DEPUTY CITY ATTORNEY 161 9 74.510538$ 12,915.16$ 154,981.92$ 96.431423$ 16,714.78$ 200,577.36$ SR ELEC DIV MGR 173 9 103.165615$ 17,882.04$ 214,584.48$ 133.520885$ 23,143.62$ 277,723.44$ SR ELEC DIV MGR-MKT A&P 174A 9 103.165615$ 17,882.04$ 214,584.48$ 133.520885$ 23,143.62$ 277,723.44$ SR INFORMATION TECH SVCS MGR 743 9 79.815923$ 13,834.76$ 166,017.12$ 103.292250$ 17,903.99$ 214,847.88$ SR MANAGEMENT ANALYST 742 9 59.526288$ 10,317.89$ 123,814.68$ 77.040635$ 13,353.71$ 160,244.52$ SR PERFORMANCE AUDITOR 202 9 63.375231$ 10,985.04$ 131,820.48$ 82.010423$ 14,215.14$ 170,581.68$ All classifications on the Unclassifed/Elected Salary Plan are FLSA "Exempt" 4 of 5 City of Santa Clara
Unclassified/Elected Salary Plan
Effective 4/6/2022
Approved 4/5/2022
Minimum Salary Maximum Salary
Job Title Job Code Union Code Hourly Monthly Annual Hourly Monthly Annual SR POWER SYSTEM SCHEDLR/TRADER772 9 75.185769$ 13,032.20$ 156,386.40$ 97.305577$ 16,866.30$ 202,395.60$ STREET SUPERINTENDENT 159 9 71.478000$ 12,389.52$ 148,674.24$ 92.506615$ 16,034.48$ 192,413.76$ TRANSPORTATION MANAGER 171 9 87.412269$ 15,151.46$ 181,817.52$ 113.125269$ 19,608.38$ 235,300.56$ UTILITY BUSINESS SYSTEMS MGR 898 9 69.747750$ 12,089.61$ 145,075.32$ 90.257885$ 15,644.70$ 187,736.40$ UTILITY OPERATIONS ENGINEER 155 9 73.630327$ 12,762.59$ 153,151.08$ 95.279885$ 16,515.18$ 198,182.16$ WATER & SEWER OPERATIONS MGR 180 9 72.370269$ 12,544.18$ 150,530.16$ 93.664154$ 16,235.12$ 194,821.44$ WATER & SEWER SUPERINTENDENT 029 9 65.437096$ 11,342.43$ 136,109.16$ 84.693231$ 14,680.16$ 176,161.92$ WEB & DIGITAL MEDIA MANAGER 073 9 62.392558$ 10,814.71$ 129,776.52$ 80.738308$ 13,994.64$ 167,935.68$ All classifications on the Unclassifed/Elected Salary Plan are FLSA "Exempt" 5 of 5 Resolution Amend As-Needed Salary Plan (eff 4-5-2022) Page 1 of 2 Rev: 3-29-22
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

TO ADOPT THE AMENDED AS-NEEDED SALARY PLAN FO R

VARIOUS AS NEEDED POSITIONS WITH AN APPROVAL DATE
OF APRIL 5, 2022

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

WHEREAS, the City of Santa Clara contracts with CalPERS to provide retirement benefits; WHEREAS, to comply with the California Code Regulations section 570.5, the City of Santa Clara shall among other things, have pay scheduled approved and adopted by the City Council; and indicate an effective date and date of any revisions; and, WHEREAS, as required by the California Code Regulations section 570.5 and as mandated by CalPERS, the City Council deems it to be in the best interests of the City to adopt the As- Needed Salary Plan with the only change to Position Number 349 Temporary Employee to increase the maximum to $214.06, with an approval date of April 5, 2022.

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

1. That the City hereby adopts the Amended As-Needed Salary Plan for various as-needed positions.
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Resolution Amend As-Needed Salary Plan (eff 4-5-2022) Page 2 of 2 Rev: 3-29-22

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

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

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments incorporated by reference:

1. As-Needed Salary Plan eff 4-5-2022 (for Council 4-5-2022) As-Needed Salary Plan
Effective 4/5/2022
Approved 4/5/2022
Job Code Description Minimum Hourly Rate Maximum Hourly Rate 349 TEMPORARY EMPLOYEE 16.40$ 214.06$
362 CROSSING GUARD 16.40$ 17.21$
100 EMERGENCY MEDICAL TECHNICIAN 16.40$ 20.19$
501 INSTRUCTOR/LIFEGUARD 16.40$ 16.67$
502 LABORER 16.40$ -$
524 LAW CLERK I 16.59$ 20.16$
523 LAW CLERK II 19.61$ 23.84$
530L LIBRARIAN I 39.21$ 47.52$
535L LIBRARIAN II 43.25$ 52.44$
526L LIBRARY ASSISTANT I 30.54$ 37.29$
528L LIBRARY ASSISTANT II 33.74$ 41.12$
542 LIBRARY PAGE 16.40$ -$
537 LIBRARY TECHNOLOGY AIDE 16.40$ -$
543 LIFEGUARD 16.40$ -$
608 NUTRITION MEAL SERVER 16.40$ 18.09$
609 NUTRITION SITE MANAGER 19.53$ 23.74$
865 OFFICE CLERK I 29.18$ 35.50$
870 OFFICE CLERK II 32.15$ 39.21$
618 PER DIEM DISPATCHER 60.00$ -$
619 PER DIEM POLICE OFFICER 75.00$ -$
666 POOL MANAGER 16.40$ 19.34$
606 RECORDS ASSISTANT 16.40$ 18.41$
699 RECREATION INSTRUCTOR 16.40$ 18.58$
681 RECREATION LEADER I 16.40$ -$
682 RECREATION LEADER II 16.40$ $16. 81
683 RECREATION LEADER III 16.40$ 17.25$
698 RECREATION OFFICE ASSISTANT 16.40$ 18.58$
684 RECREATION PROGRAM COORDINATOR 19.86$ 24.14$
686 RECREATION SPECIALIST 16.40$ 18.58$
756 SR LIBRARY PAGE 17.22$ 20.96$
497 STUDEN INTERN I 16.40$ 18.72$
498 STUDEN INTERN II 20.15$ 24.50$
504 STUDEN INTERN III 23.17$ 28.
18$
848 TRAFFIC CONTROL SPECIAL EVENTS 25.00$ -$
City of
Santa Clara
The Center of What's Possible
Agreement with Rajeev Batra Page 1
Rev. 03-28-22

AGREEMENT FOR INTERIM CITY MANAGER

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND

RAJEEV BATRA

PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (“City”) and Rajeev Batra, an individual, (“Manager”). City and Manager may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
The following recitals are a substantive portion of this Agreement (the “Agreement”):

A. City desires to secure the services more fully described in this Agreement, at Exhibit A, entitled “Scope of Services”;
B. Manager represents that he has the professional qualifications, expertise and desire to provide required services of the quality and type which meet objectives and requirements of City;
C. City desires to employ the services of the Manager as the Interim City Manager of the City of Santa Clara, pursuant to the terms, conditions and provisions of this Agreement;
D. Manager has agreed to accept employment as the Interim City Manager of the City of Santa Clara, subject to and on the terms, conditions, and provisions agreed to and set forth in this Agreement;
E. For the purposes of this Agreement the Manager is considered an employee and PERS annuitant and not an independent contractor; and
F. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.

The Parties agree as follows:

AGREEMENT TERMS AND CONDITIONS

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

Agreement with Rajeev Batra Page 2
Rev. 03-28-22
Exhibit A – Scope of Services
Exhibit B – Hourly Rate and Limitations
This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersede s and replaces any previous agreements, representations and understandings , whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions , the T erms and Conditions shall govern and control.

2. TERM OF AGREEMENT
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on April 6, 2022 and terminate on January 31, 2023. The Manager shall report for work, and the duties and employment of the Manager shall commence on April 6, 2022 (the “Commencement Date”) and conclude on January 31, 2023.

Manager shall perform those Services specified in Exhibit A. Time is of the essence in the performance of this Agreement.

3. QUALIFICATIONS OF MANAGER - STANDARD OF CARE
Manager represents and maintains that he has the professional qualifications necessary to perform the tasks set forth in the Scope of Services (the ”Services”), and the duties and obligations, expressed and implied, contained therein, and City expressly relies upon Manager ’s representations regarding his skills and knowledge. Manager shall perform such Services and duties in conformance to and consistent with the professional standards of a Manager in the same discipline in the State of California.

4. COMPENSATION AND PAYMENT
In consideration for Interim City Manager’s complete performance of Services, City shall pay Interim City Manager for all Services rendered by Interim City Manager in accordance with Exhibit B, entitled “SCHEDULE OF FEES.” The maximum compensation of this Agreement is found at Exhibit B , subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses required to provide the Services. All work performed in excess of the maximum compensation shall be at Manager’s expense. Manager shall not be entitled to any payment above the maximum compensation under any circumstance. In the event that work under this Agreement continues until January 31, 2023 Manager shall receive the COLA that is provided to Unit 9, for the period that it is applicable to other Unit 9 members.

Agreement with Rajeev Batra Page 3
Rev. 03-28-22

5. TERMINATION
A. Termination for Convenience by City. City shall have the right to terminate this Agreement, without cause or penalty, by giving not less than f ourteen (14) days’ prior written notice to Manager.

B. Termination for Convenience by Manager. Manager shall have the right to terminate this Agreement, without cause or penalty, by giving not less than fourteen (14) days’ prior written notice to City.

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

D. Upon termination, each Party shall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than fourteen (14) days after the notice of termination, City Manager will deliver to City all City information or material that Manager has in its possession.

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

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

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

Agreement with Rajeev Batra Page 4
Rev. 03-28-22

9. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, reports, minutes, City records, reports, designs, technology, programming, works of authorship and other material developed, col lected, prepared or caused to be prepared under this Agreement shall be the property of City. City shall not be limited in any way or at any time in its use of said material. However, Manager shall not be responsible for damages resulting from the use of s aid material for work after the term of this Agreement, including, but not limited to, the release of this material to third parties.

10. RIGHT OF CITY TO INSPECT RECORDS OF INTERIM CITY MANAGER Manager agrees to maintain sufficient records to establish the correctness of all charges submitted to City via timesheet.

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

11. HOLD HARMLESS/INDEMNIFICATION

To the fullest extent permitted by law City shall defend, save harmless and indemnify Manager against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Manager’s duties . In this regard, City and/or its liability insurer(s) shall have the right, in i ts or their discretion, to compromise and settle any such claim or suit on behalf of the City and the Manager without the consent of Manager; the City and/or its insurer(s) shall pay the amount of any settlement or judgment rendered by reason of any such s uit or claim; provided that this section shall not be construed as creating any right, cause of action, or claim of waiver or estoppel for the benefit of or on behalf of any third party, nor shall it be construed as a waiver or modification of the defense of governmental immunity or any other legal defense available to either City or the Manager as to any claim brought by or on behalf of any third party; provided further that nothing herein shall be construed to require the City to indemnify or hold harmless the Manager from and with respect to any claim or liability wherein the Manager is found by the courts to have been grossly negligent or engaged in intentionally willful conduct. The provisions of this indemnification section shall extend beyond and survive the termination of employment and the expiration of this Agreement.

12. WAIVER
Manager agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other Agreement with Rajeev Batra Page 5
Rev. 03-28-22
condition of performance under this Agreement. Neither City’s review, acceptance nor payments for any of the Services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.

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

City of Santa Clara
Attention: City Attorney’s Office
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at *[email protected]

And to Interim City Manager addressed as follows:

Rajeev Batra
Address and email address on file with City
The workday the e-mail was sent shall control the date notice was deemed given.

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

14. COMPLIANCE WITH LAWS
Manager shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to “The Municipal Code of the City of Santa Clara, California” (“SCCC”). In particular, Manager’s attention is called to the regulations regarding Campaign Contributions (SCCC Chapter

2.130), Lobbying (SCCC Chapter 2.155), as such Chapters or Sections may be amended from time to time or renumbered. Additionally, Manager has read and agrees to comply with City’s Ethical Standards
(http://santaclaraca.gov/home/showdocument?id=58299).

15. CONFLICTS OF INTEREST
Manager certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Manager and that no person associated with Manager has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Manager is familiar with the provisions of California Government Code s ection 87100 and Agreement with Rajeev Batra Page 6
Rev. 03-28-22
following, and certifies that it does not know of any facts which would violate these code provisions. Manager will advise City if a conflict arises.

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

17. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara.

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

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

Agreement with Rajeev Batra Page 7
Rev. 03-28-22

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

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

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation

Approved as to Form: Dated: April __, 2022

Gary M. Baum Outside Counsel o/b/o
Office of the City Attorney
City of Santa Clara

Lisa Gillmor
Mayor City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-22101
“CITY”

RAJEEV BATRA, INTERIM CITY MANAGER
Dated:

By (Signature):

Name: Rajeev Batra
Title: Interim City Manager
Principal Place of
Business Address: On File with City
Email Address: On File with City
Telephone: On File with City

Agreement with Rajeev Batra/Exhibit A-Scope of Services Page 1 Rev. 3-28-22

EXHIBIT A

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

City Manager services as required by the City Council, including, but not limited to all duties and responsibilities for the City Manager as set forth in the City Charter and City Code. Manager shall serve as Interim Contract Administrator for the Sports & Open Space Authority, Interim Executive Director for the Housing Authority, Interim Executive Director for the Stadium Authority, Interim Staff Chair for the Economic Development Team, Interim Executive Director for the Bayshore North Project Enhancement Authority and Interim Executive Director for the Successor Agency to the Redevelopment Agency and all other Council appointed roles for Interim City Manager.

Agreement with Rajeev Batra/Exhibit B-Schedule of Fees Page 1 Rev. 3-28-22

EXHIBIT B

SCHEDULE OF FEES

Manager will be retained as a PERS Annuitant and paid at a rate of $2 14.06 per hour.

The total not to exceed payment under this Agreement shall not exceed $36,051.86 for every two consecutive pay periods (consisting of a total of 4 consecutive weeks) .

Manager shall not be entitled to any benefits.

City shall reimburse Manager for reasonable, actual costs for attending conferences normally attended by the Santa Clara City Manager . These reimbursements shall follow the usual City reimbursement policies for conference attendance and shall not be counted against the not to exceed limit of this Agreement.

Manager shall be responsible for ensuring that he complies with all requirements of a PERS annuitant, including, but not limited to the 960 hour per fiscal year maximum hours worked.

City agrees to reimburse the Manager for vehicle use for work -related travel. This reimbursement at the IRS rate for business mileage will be for personal vehicle use if a City vehicle is unavailable. Manager shall not be compensated for commute time or mileage between home and the Manager shall not be permitted to use a City vehicle for commuting, except in case of emergency.

Manager is permitted to work remotely, but shall return to work when the majority of City employees return to City Hall.

Rajeev Batra

Objective: To share my extensive experience in management of projects and organization management Education: Bachelor’s and Master’s Degrees in Civil Engineering. Registered Professional Civil Engineer in CA and Class A General Contractor (expired license)
Experience: Forty-Five years of project and organization management experience briefly described below:

December 2017-Present: Special Executive Assistant in PW for City of Fremont. Managing two $70 Mil.

Bike/Ped Trail projects with bridges over I-680 and 880 with connections to future Irvington BART Station and Bay Trail. Managing project consultants, RFPs, and funding and community meetings/outreach.

April 2016-October2017: Acting/Interim City Manager for City of Santa Clara. Leading a team of 1,000 employees to deliver community services including water, sewer and electric utilities for a city of 120,000 residents. Advised and guided Mayor and City Council in development of policy. Oversaw functions of 12-14 Departments with a total City budget of approximately 750 Million. Also coordinated issues with adjoining cities and agencies such as VTA, Santa Clara Valley Water District and Caltrans. Also acted as Executive Director of Stadium Authority managing Levi’s Stadium, Executive Director of Redevelopment Agency, Housing Authority and SVP.

July 2002-April 2016: Director of Public Works/City Engineer, City of Santa Clara. Managed a Department of 120 staff designing and constructing city infrastructure, traffic and transportation management, development services including new development permits, and maintenance of city infrastructure. Also delivered projects facilitating the construction of $1 Billion Levi’s Stadium and overseeing the overall construction for the City as the owner’s representative.

October 1983-July 2002: Acting Director of Public Works/ Chief Deputy Director/Division Manager/Senior Engineer/Project Manager in City of San Jose Public Works Department. As Acting Director, managed a staff of 450 employees and delivered Public Works projects through eight Divisions.

July 1980-October 1983: Worked in private consulting firm in Mill Valley, CA delivering public and private development projects.

January 1977-July 1980: Worked as Project manager in State Government Department in India.

Professional Affiliations: ASCE, APWA
References: Provided upon request.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-436 Agenda Date: 4/5/2022

REPORT TO COUNCIL

SUBJECT
Action on a Written Petition (Council Policy 030) Submitted by Joseph Goschy Requesting to Place an Agenda Item at a Future Council Meeting to Discuss Appealing a Building Violation (CRN 2020- 00310) at 220 Tyler Avenue

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
Council Policy 030 - Adding an Item on the Agenda (Attachment 1) sets forth the procedure for written petitions. Any member of the public may submit a written request raising any issue or item within the subject matter jurisdiction of the Council. Per the policy, the written request will be submitted on the agenda, in the form substantially provided by the requestor, without any staff analysis, including fiscal review, legal review and policy review. If a simple majority of the City Council supports further study of the request, then a full staff analysis shall be prepared within thirty (30) days, unless otherwise directed by the City Council.

DISCUSSION
The City Clerk’s Office received a Written Petition on March 1, 2022 submitted by Joseph Goschy (Attachment 2) requesting to place an agenda item on a future council meeting to discuss appealing the building violation (CRN 22020-00310) for the edition to the garage at 220 Tyler Avenue because the construction was done prior to the property being annexed into the City in 1983. The resolutions proposed by the City will cost $13,251 or more and are inequitable.

FISCAL IMPACT
There is no fiscal impact associated with considering the request to be placed on a future agenda except for staff time.

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 administrative activity that will not result in direct or indirect physical changes to the environment.

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 report to council may be requested by contacting the City Clerk’s Office at (408) 615-2220, [email protected].

City of Santa Clara Printed on 3/31/2022Page 1 of 2
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22-436 Agenda Date: 4/5/2022

ALTERNATIVES

1. Set a future Council meeting date to take action on the Written Petition received.

2. Take no action.

3. Any other City Council Action, as determined by the City Council.

RECOMMENDATION
Staff makes no recommendation.

Reviewed by: Nora Pimentel, Assistant City Clerk
Approved by: City Manager’s Office

ATTACHMENTS

1. Policy and Procedure 030 - Adding an Item on the Agenda

2. Written Petition dated March 1, 2022 submitted by Joseph Goschy City of Santa Clara Printed on 3/31/2022Page 2 of 2
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RESOLUTION NO. 20-8895

A RESOLUTION OF THE CITY OF SANTA CLARA,
CALIFORNIA TO REPEAL RESOLUTION NO. 20-8809,
AMEND
COUNCIL POLICY 030 ENTITLED "ADDING AN ITEM
ON THE AGENDA," AND APPROVE THE COUNCIL ITEM

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

WHEREAS, amending the policy on adding an item on the agenda to establish a clear, effective and easily understood process for members of the City Council and the public to have items within the jurisdiction of the City Council placed on a meeting agenda; WHEREAS, the amended version of the Adding an Item on the Agenda policy expands on the current policy language by clearly stating that, when a written request is first considered, discussion should be limited to whether an item should be added to an agenda and a date, not the merit of the item; and,
WHEREAS, the amended Adding an Item on the Agenda policy, attached hereto as Attachment 1, includes a Council Item Request Form for the City Council's use when requesting an item for inclusion on a Council meeting agenda and adds the procedure for written requests from members of the City Council.

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

1. That Resolution No. 20-8809 is hereby rescinded in its entirety.

2. That amended Council Policy 030 entitled "Adding an Item on the Agenda" with the Council Item Request Form, attached hereto as Attachment 1, is hereby approved and adopted, and the City Manager is directed to number (and renumber, as appropriate) the Council Policy Manual such that they are organized in a logical fashion.

II
II
II
Resolution/Amending Adding an Item on the Agenda Policy and Approving Council Item Request Form Page 1 of 2 Rev: 11 /22/17

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

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

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 27rH DAY OF OCTOBER, 2020, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

Attachments incorporated by reference:

Chahal, Davis, Hardy, O'Neill, and Watanabe,
and Mayor Gillmor
None
None
None

ORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

1. Council Policy 030 entitled "Adding an Item on the Agenda" Resolution/Amending Adding an Item on the Agenda Policy and Approving Council Item Request Form Page 2 of 2 Rev: 11 /22/17
City of
Santa Clara
City of Santa Clara
Council Policy Manual
The Center of What's Possible

PURPOSE
POLICY

ADDING AN ITEM ON THE AGENDA
To establish a clear, effective, and easily understood process for members of the City Council and the public to have items, within the jurisdiction of the City Council, placed on the City Council agenda for consideration.

Members of the City Council:

The Mayor or any individual Councilmember may submit a written request by using the Council Item Request Form to the City Manager's Office for inclusion of an item on a City Council agenda, provided the request is received two (2) days prior to the public release of the agenda packet. At the meeting where the request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item.

Referral from a Council Committee:

Council Committees may submit a written request to the City Manager's Office for inclusion of an item on a City Council agenda, provided the request is received two (2) days prior to the public release of the agenda packet. ·
Council Committees may bring forward a recommendation to the full City Council by way of the Committee minutes, which are typically prepared within three weeks following the Committee meeting.

Items Referred During a Council Meeting:

By Council action, an item may be referred to the City Manager for inclusion on a City Council agenda. If the request requires further study of the item from staff, a full analysis shall be prepared at the direction of the City Manager with at least thirty (30) calendar days prior to the meeting, unless otherwise directed by the City Council. If the request requires more than thirty (30) calendar days to prepare, status updates will be provided to the City Council every sixty (60) days as an informational memo.

Revised 10/27/2020
Resolution No. 20-8895
CP 030 Page 1 of 3
City of
Santa Clara
City of Santa Clara
Council Policy Manual
The Center of What's Possi ble

PROCEDURE

FOR WRITTEN

PETITIONS

ADD ING AN ITEM ON THE AGENDA
Written Petitions and Public Presentations:

Any member of the public may submit a written request raising any issue or item within the subject matter jurisdiction of the City Council to be heard under the "Written Petition" section of the City Council's regular agenda within two (2) Council meetings after received. After the initial Written Petition is placed on the agenda, a majority vote of the City Council may add the item to a future Council meeting for action. Any member of the public may address the City Council under the "Public Presentations" section of the agenda. If the presentation includes a request of the Council, a majority vote of the City Council may refer the item to the City Manager to be properly added to a future meeting, in compliance with the Brown Act.

1. All requests to address the City Council shall be submitted in writing.

Written Petition forms are available for the petitioner's convenience on the City's website and in the City Manager's Office, City Clerk's Office, and the Mayor and Council Offices. Alternatively, an email may be submitted to [email protected] .

2. Once the Written Petition is received by the City Clerk's Office, it should immediately be forwarded to the City Manager for placement on an agenda within two (2) Council meetings after receipt of the original request from the City Clerk's Office. All written material (request and any support material) will be submitted on the agenda in the form substantially provided by the requester without any staff analysis, including fiscal review, legal review and policy review, until the City Council has had the opportunity to provide direction to the City Manager.

3. At the meeting where the item is first considered, if a majority of the City Council supports further study of the item, then a full staff analysis shall be prepared within thirty (30) days, unless otherwise directed by the City Council. Discussion should be limited to whether an item should be added to an agenda and a date, not the merit of the item.

Revised 10/27/2020
Resolution No. 20-8895
CP 030 Page 2 of 3
City of
Santa Clara
City of Santa Clara
Council Policy Manual
The Center of What's Possible

PROCEDURE

FOR WRITTEN

REQUESTS

FROM CITY

COUNCIL

ADD ING AN ITEM ON THE AGENDA

1. Members of the City Council shall use the Council Item Request Form to submit a written request for inclusion of an item on a future City Council agenda.

2. Once the Council Item Request Form is received by the City Clerk's Office, it should immediately be forwarded to the City Manager for placement on an agenda within two (2) Council meetings after receipt of the original request from the City Clerk's Office. All written material (Council Item Request Form and any support material) will be submitted on the agenda in the form substantially provided by the requester without any staff analysis, including fiscal review, legal review and policy review, until the City Council has had the opportunity to provide direction to the City Manager.

Attachments: Council Item Request Form
Revised 10/27/2020
Resolution No. 20-8895
CP 030 Page 3 of 3
City of
Santa Clara
The Ce nter of What's Possi ble

COUNCIL ITEM REQUEST FORM
The Council Item Request Form is for members of the City Council to submit written requests to the City Manager's Office for inclusion of an item on a future City Council meeting agenda. At the meeting where the initial written request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to future Council meeting agenda for action.

CONTACT INFORMATION
Requesting Member of City Council --------------------
Contact E-mail ___________________________ _
Contact Phone _ ____ ______________________ _
Today's Date ____________________________ _

WRITTEN REQUEST
I, __________________ , hereby request that the following item be placed on the City of Santa Clara Council and Authorities Concurrent meeting agenda:

Reference: Council Policy 030 - Adding an Item on the Agenda Resolution No. 20-8895
City of
Santa Clara

CITY COUNCIL WRITTEN PETITION
Please provide the information requested below. When complete, please submit to the City Clerk's Office, 1500 Warburton Avenue, Santa Clara, CA 95050.

Date: t#Ctr.ch l , .2 co 22
I, Juse {) h 0v 5 c l 1 , am hereby requesting to be placed on the Santa Clara City Council Agenda or the following purpose:

I understand that it is important that I attend the meeting in the event there are any questions the Council wishes to ask me.

City Zip Code
*NOTE: This is a public document. If your telephone number is unlisted or if you do not want it to be public, please provide an alternate number where you can be reached.

S:\CityClerk\FORMS AND INFORMATION FOR STAFF USE\Wrillen Petition Form· 2016.doc City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-448 Agenda Date: 4/5/2022

REPORT TO COUNCIL

SUBJECT
Action on a Council Written Request (Council Policy 030) Submitted by Councilmember Becker Requesting to Place an Agenda Item at a Future Council Meeting Proposing to Invite all Members of the Santa Clara Commissions/Committees/Task Forces to the Rescheduled 2022 Priority Setting Session to Provide Input on their Priorities for the Year

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
Council Policy 030 - Adding an Item on the Agenda (Attachment 1) sets forth the procedure for written petitions. Any member of the public or Council may submit a written request raising any issue or item within the subject matter jurisdiction of the Council. Per the policy, the written request will be submitted on the agenda, in the form substantially provided by the requestor, without any staff analysis, including fiscal review, legal review and policy review. If a simple majority of the City Council supports further study of the request, then a full staff analysis shall be prepared within thirty (30) days, unless otherwise directed by the City Council.

DISCUSSION
The City Clerk’s Office received a Council Written Request on March 16, 2022 submitted by Councilmember Becker requesting to place an agenda item at a future council meeting proposing to invite all members of the following Santa Clara Commissions/Committees/Task Forces to the rescheduled 2022 Priority Setting Session to provide input on their priorities for the year: Planning Commission, Downtown Community Task Force, Senior Advisory Commission, Parks and Recreation, Cultural Commission, Diversity, Equity, and Inclusion Task Force, Youth Commission, Historical and Landmarks Commission, Civil Service Commission, Board of Library Trustees. (Attachment 2).

FISCAL IMPACT
There is no fiscal impact associated with considering the request to be placed on a future agenda except for staff time.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board City of Santa Clara Printed on 3/31/2022Page 1 of 2
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22-448 Agenda Date: 4/5/2022
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 report to Council may be requested by contacting the City Clerk’s Office at (408) 615-2220, [email protected].

ALTERNATIVES

1. Set a future Council meeting date to take action on the Written Petition received.

2. Take no action.

3. Any other City Council Action, as determined by the City Council.

RECOMMENDATION
Staff makes no recommendation.

Reviewed by: Nora Pimentel, Assistant City Clerk
Approved by: Office of the City Manager

ATTACHMENTS

1. Policy and Procedure 030 - Adding an Item on the Agenda

2. Council Written Request dated March 16, 2022 submitted by Councilmember Becker City of Santa Clara Printed on 3/31/2022Page 2 of 2
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RESOLUTION NO. 20-8895