USE OF MONEY & PROPERTY
Interest 2,600,000 2,600,000 1,145,815 44.07% 1,238,193 (92,378) -7.46% Rent 9,115,722 9,298,022 7,347,672 79.02% 6,799,078 548,594 8.07% Total Use of Money & Property 11,715,722 11,898,022 8,493,487 71.39% 8,037,271 456,216 5.68% MISCELLANEOUS REVENUES 198,000 198,000 552,764 279.17% 4,258,282 (3,705,518) -87.02%
LAND PROCEED - - - N/A - - N/A
OTHER FINANCING SOURCES
Operating Transfer In - Storm Drain 1,454,000 1,454,000 1,454,000 100.00% 1,460,000 (6,000) -0.41% Operating Transfer In - Reserves 32,390,871 32,758,819 32,758,819 100.00% 39,468,333 (6,709,514) -17.00% Operating Transfer In - Fund Balances(1) - 4,817,658 4,817,658 100.00% 4,273,692 543,966 12.73% Operating Transfer In - Miscellaneous 5,005,399 5,593,917 5,593,917 100.00% 6,271,073 (677,156) -10.80% Total Other Financing Sources 38,850,270 44,624,394 44,624,394 100.00% 51,473,098 (6,848,704) -13.31%
STADIUM OPERATION
Charges for Services 7,466,069 7,466,069 2,238,497 29.98% 1,878,315 360,182 19.18% Rent and Licensing 717,500 717,500 297,359 41.44% - 297,359 N/A Total Stadium Operation 8,183,569 8,183,569 2,535,856 30.99% 1,878,315 657,541 35.01% TOTAL GENERAL FUND $ 289,334,940 $ 271,496,987 $ 187,107,075 68.92% $ 194,167,543 $ (7,060,468) -3.64% (1) The Operating Transfer In - Fund Balances includes the carryover encumbrances of open purchase orders as of June 30, 2021 and mid year budget amendment from reserves.
Function
CITY OF SANTA CLARA
GENERAL FUND
REVENUES OVERVIEW AND COMPARISON BY TYPE
FISCAL YEAR 2021/22 PY REVENUE COMPARISON
5 City of Santa Clara
Financial Status Report as of March 31, 2022
General Fund Revenues
Sales Tax: The City of Santa Clara sales tax rate is 9.0%, of which the City receives 1.0%. As of March 31, 2022, $33.8 million has been collected, which is up $0.7 million from the prior year level and is based on performance through the first two quarters of the fiscal year. Cash receipts were down 5.0% in the first quarter and were up 14.8% in the second quarter; overall, receipts are up 4.6% through the first two quarters of FY 2021/22. On an economic basis, local business activity was up 20.4% in the second quarter of the fiscal year, with increases in all sectors as follows: business to business up
4.5%; general retail up 35.0%; food products up 59.7%; transportation up 23.3%; and construction up
43.8%. The County pool was up 0.7% in the second quarter. The County pool, which includes internet sales, accounts for approximately 20% of the sales tax the City receives. Overall, annual Sales Tax growth of 3.6% is needed to meet the budgeted estimate of $58.2 million. Based on collections to date, receipts are projected to slightly exceed the budget.
Property Tax: Through March, 59.2% of the property tax budgeted estimate has been received. The majority of property tax revenue is collected in February and April each year. Based on information from the County of Santa Clara, property tax receipts are projected to end the year slightly above the Adopted Budget estimate of $71.6 million.
Transient Occupancy Tax (TOT): TOT is calculated as a percentage of City hotel/motel room charges. The City’s current TOT rate is 11.5% as of January 2022. Through March 31, 2022, approximately $4.7 million has been received, which is significantly higher than receipts through the same period last fiscal year of $1.6 million. However, receipts remain 63% below the pre-COVID 19 level of $12.6 million received through March 2020. As businesses continue to reopen, it is anticipated that TOT will continue to increase compared to last fiscal year. To meet the budgeted estimate, collections will need to triple from just under $3.0 million in FY 2020/21 to $9.0 million in FY 2021/22.
With the January 2022 rate increase, TOT receipts are projected to end the year at $8.0 million - $9.0 million.
Other Taxes: Includes franchise tax ($2.1 million) and documentary transfer tax ($1.6 million). The City has collected $3.7 million through March, which is 24.8% above receipts received through the same period last fiscal year. The strong growth in this category is driven by the documentary transfer tax performance, which is up 81% from the prior year. Franchise Tax collections are consistent with prior year levels. Growth of 4.4% is needed to meet the budgeted estimate of $6.1 million. Collections are projected to exceed the budgeted estimate.
Licenses & Permits: Includes business licenses, fire operation permits, and miscellaneous permits and fees. Effective FY 2021/22, building, electric, plumbing and mechanical permits have all been budgeted in the new Building Development Services Fund, which is reflected in the Special Revenue section of this report. Licenses and permits revenue collections total $2.1 million, or 67.5% of the budget of $3.2 million. Receipts are tracking slightly below estimated levels through March and may end the year below the budgeted estimate.
6 City of Santa Clara
Financial Status Report as of March 31, 2022
Fines & Penalties: Includes vehicle, parking, court fines, and miscellaneous penalty fines. The revenue of $0.3 million collected in this category through March is tracking to end the year well below the budgeted estimate of $1.5 million largely due to the waiving of late fees on utility billing in response to COVID-19.
Intergovernmental: Includes motor vehicle fees, state homeowner tax relief, state mandated reimbursement and redistribution of land sale proceeds and ground leases from the Successor Agency.
Through March 31, 2022, $2.4 million has been received, which is higher than receipts through the same period last year and primarily reflects reimbursements for fire mutual aid services. The federal stimulus funds ($26 million) have been moved to a separate American Rescue Plan Act Fund, which is reflected in this report.
Charges for Services: Includes various engineering fees, administrative fees, and community service revenue from various recreational activities. Through March, collections totaled approximately $22.2 million or 74% of the budget. This reflects a 6.4% decrease compared to last year’s collections through the same period of $23.7 million. The decrease is mainly attributable to the plan check and sign fees now being recorded in the newly established Building Development Services Fund. This decrease is partially offset by higher collections in the planning and zoning fees, fire construction permits, and miscellaneous charges for services categories. Collections are tracking close to the budgeted estimate.
Silicon Valley Power Transfer: In accordance with the City’s charter, Silicon Valley Power pays 5.0% of gross revenues to the General Fund. As of March 31, 2022, $19.3 million has been received which is on par for this time of year. This collection level, however, is based on the budgeted estimate and will be trued up at the end of the fiscal year. Growth of less than 1% from the prior year is needed to meet the budgeted estimate of $24.7 million.
Use of Money & Property: Includes realized investment income and rental income. Interest income and rent revenue collections totaled $8.5 million, or 71.4% of the budget. This reflects a $0.5 million increase from prior year collection levels, primarily due to higher rent collections.
Miscellaneous Revenues: Includes developer fees, donations, damage recovery, sale of surplus, and one-time miscellaneous revenues. Through March 31, 2022, collections of $0.6 million have exceeded the budgeted estimate of $0.2 million; however, are significantly lower than prior year collections of $4.3 million as a result of a one-time payment in FY 2020/21.
Stadium Operation: Through March, charges for services collected through the Stadium totaled $2.5 million, which is below par for this time of year. This is due in part to the timing of when the City receives reimbursements. Current year collections are approximately 35% higher than collections through the same period last year resulting from the reopening of Stadium for events. 7 City of Santa Clara
Financial Status Report as of March 31, 2022
General Fund Expenditures
As of March 31, 2022, $187.5 million or 69.1% of the General Fund operating budget had been expended. Departmental expenditures totaled $143.7 million, or 63.1% of the budget, which is below the par level of 75% of the budget. As part of the FY 2020/21 Budgetary Year-End Report, $26 million of the Police and Fire Department’s budgets was reallocated to the newly established ARPA Fund.
Both the budget and associated expenditures have been shifted to the new fund. Fund Transfers of $43.8 million have occurred as budgeted.
Several cost-control measures that were implemented in FY 2019/20 remain in place to generate expenditure savings to partially offset the drop in revenues associated with COVID-19. These measures include a hiring freeze and controls around overtime, as-needed staff, marketing, travel, technology and vehicle purchases. With these measures, expenditures are expected to end the year below budget.
Adopted Budget
Amended
Budget
Actual Through
03/31/2022
Percentage
Used
Actual Through
03/31/2021
$
Change From
Prior Year
Percentage
Change
GENERAL GOVERNMENT
Non-Departmental $ 6,824,333 $ 7,571,155 $ 3,259,114 43.05% $ 2,900,242 $ 358,872 12.37% City Council 829,205 829,205 601,265 72.51% 541,437 59,828 11.05% City Clerk 1,470,231 1,718,169 1,016,657 59.17% 1,353,402 (336,745) -24.88% City Manager 5,442,069 6,276,486 3,673,467 58.53% 3,688,185 (14,718) -0.40% City Attorney 3,097,380 3,119,380 1,756,636 56.31% 1,631,850 124,786 7.65% Human Resources 4,133,810 4,389,886 2,709,549 61.72% 2,298,956 410,593 17.86% Finance 17,439,442 18,273,518 11,609,696 63.53% 11,486,090 123,606 1.08% Total General Government 39,236,470 42,177,799 24,626,384 58.39% 23,900,162 726,222 3.04% PUBLIC WORKS 23,201,356 24,369,679 16,183,417 66.41% 16,606,303 (422,886) -2.55% COMMUNITY DEVELOPMENT 5,070,207 5,480,607 3,513,253 64.10% 10,105,937 (6,592,684) -65.24% PARKS AND RECREATION 20,982,990 21,433,077 13,313,275 62.12% 12,333,567 979,708 7.94%
PUBLIC SAFETY
Fire 60,581,403 50,912,494 33,579,334 65.95% 44,056,308 (10,476,974) -23.78% Police 79,870,137 65,242,662 40,573,018 62.19% 55,656,901 (15,083,883) -27.10% Total Public Safety 140,451,540 116,155,156 74,152,352 63.84% 99,713,209 (25,560,857) -25.63% LIBRARY 10,764,727 10,895,605 6,524,018 59.88% 6,220,177 303,841 4.88% DEPARTMENTAL TOTAL 239,707,290 220,511,923 138,312,699 62.72% 168,879,355 (30,566,656) -18.10%
OTHER FINANCING USES
Operating Transfer Out - Miscellaneous 23,250,142 24,561,216 24,561,216 100.00% 1,014,286 23,546,930 2321.53% Operating Transfer Out - Debt Services 2,501,439 2,501,439 2,501,439 100.00% 2,500,344 1,095 0.04% Operating Transfer Out - Maintenance Dtrct 771,349 771,349 771,349 100.00% 926,920 (155,571) -16.78% Operating Transfer Out - Cemetery 850,000 850,000 850,000 100.00% 771,769 78,231 10.14% Operating Transfer Out - CIP 11,773,925 11,773,925 11,773,925 100.00% 19,678,672 (7,904,747) -40.17% Operating Transfer Out - Reserves 3,309,009 3,309,009 3,309,009 100.00% 7,270,948 (3,961,939) -54.49% Total Other Financing Uses 42,455,864 43,766,938 43,766,938 100.00% 32,162,939 11,603,999 36.08% STADIUM OPERATION 7,171,786 7,218,126 5,434,544 75.29% 1,224,837 4,209,707 343.70% TOTAL GENERAL FUND $ 289,334,940 $ 271,496,988 $ 187,514,181 69.07% $ 202,267,131 $ (14,752,950) -7.29% Function
CITY OF SANTA CLARA
GENERAL FUND
EXPENDITURES OVERVIEW AND COMPARISON BY FUNCTION
FISCAL YEAR 2021/22 PY EXPENDITURES COMPARISON
8 City of Santa Clara
Financial Status Report as of March 31, 2022
General Fund Expenditures
Below is an explanation of certain budget to actual expenditure variances through March by department.
Non-Departmental: Includes expenditures that are not attributable to a single department, but a function of the City in general. Expenditures totaled $3.3 million, or 43% of the budget. These expenditures are well below the par level of 75%, which is due in part to the unexpended separation payout allocation of $1.8 million. Expenditures are tracking slightly above the prior year level of $2.9 million. This is a result of the reallocation of City memberships from the City Manager’s Office to the Non-Departmental budget. Additionally, contractual services are higher than last fiscal year due to an increase in the permitting system licensing costs.
City Attorney: Actual expenditures totaled approximately $1.8 million, which is below par at 56.3% of the budget. This is mainly attributable to lower salary and as-needed spending. Spending is above the total expenditures through the same time last fiscal year by 7.7%. This is a result of the reallocation of contractual services from the Special Liability Insurance Fund to the City Attorney’s Office operating budget. Additionally, higher separation payout expenditures occurred this fiscal year compared to last fiscal year.
City Clerk: Through March, actual expenditures were tracking below budget at $1.0 million or approximately 59.2% of the budget. This reflects a decrease of 24.9% over last year’s spending through the same period. The primary driver for the decrease in spending is the Granicus costs which are paid every other year.
City Council: Through March, expenditures were at 72.5% of budget, which is slightly below par.
Compared to the same period through last fiscal year, this reflects a spending increase of approximately 11% which is a result of higher as-needed and separation payout expenditures compared to last fiscal year.
City Manager: The actual expenditures through March totaled $3.7 million, or 58.5% of the budget, which is below par for this time of the year. Expenditures are consistent with the spending level through the same period last fiscal year. The below-par expenditure level is related to the reallocation of City memberships and mandated costs from the City Manager’s Office budget to Non-Departmental in addition to lower advertising and contractual services expenditures.
Community Development Department: This department consists of three divisions: Planning, Building, and Housing and Community Services. Effective this fiscal year, the Building division of this department has been moved to the newly established Building Development Services Fund, which falls under the special revenue section of this report. Through March, departmental expenditures for the Planning and Housing and Community Services divisions totaled $3.5 million, or approximately 64.1%, which is below the par level of 75%. This is a result of vacancies in the department. Expenditures were also well below the spending through the same period last fiscal year due to the change in funding for the Building Division.
9 City of Santa Clara
Financial Status Report as of March 31, 2022
Finance Department: Through March, the Department’s expenditures totaled $11.6 million, or 63.5% of the budget, which is below par. This is mainly attributable to lower expenditures in the operating supplies and contractual services categories. This expenditure level was slightly above the prior year level.
Fire Department: Through March, actual expenditures in the General Fund totaled $33.6 million, or 66% of the budget, which is below par. These expenditures reflect a 23.8% decrease from expenditures through the same period last fiscal year. This is a result of the shifting of approximately $11.2 million of eligible expenditures to the newly established ARPA Fund.
Overtime expenditures are tracking at 117.9% of the budget. While this overtime figure is high, it is important to note that overtime is used to backfill for vacant positions and the vacancy savings offset a portion of the overtime costs. Fire Department expenditures have also been impacted by mutual aid deployments to address wildland fires (Caldor, Dixie, River and Beckwourth complex fires), for which the City is reimbursed for its costs. As approved by City Council on April 19, 2022, $1.8 million of wildland reimbursements was recognized and appropriated to the Fire Department ($0.9 million was added to the Department’s overtime budget, $0.2 million was added to the non-personnel budget, while $0.7 million transferred to the Vehicle Replacement Fund to cover costs for a fire engine replacement).
With that adjustment to the overtime budget, expenditures would be tracking at 94.9% of the budget.
Library Department: Through March, actual expenditures totaled $6.5 million, or 60% of the budget, which is below par and lower than expenditure levels through the same period last fiscal year. COVID19 precautions have continued to impact Library operations this year, resulting in lower expenditures. A phased reopening is in progress, but this schedule was delayed due to the increase in COVID-19 cases resulting from the latest Omicron variant.
Parks and Recreation Department: Through March, actual expenditures totaled approximately $13.3 million, or 62.1% of the budget, which is below par, and is slightly higher than the prior year actuals of $12.3 million. The department has resumed most activities that were previously impacted by COVID-19 restrictions. However, some programming continues to be impacted by staff vacancies.
Police Department: Through March, actual expenditures in the General Fund totaled $40.6 million, or
62.2% of the budget, which is below par. Expenditures are significantly below the spending levels last fiscal year in the General Fund due to the ARPA funds received by the City. As mentioned above, eligible expenditures totaling $14.7 million, have been shifted to the ARPA Fund.
Stadium Operation: Stadium operating expenditures are incurred first and billed on a reimbursement basis creating a timing difference in revenue recognition. Through March, stadium expenditures totaled $5.4 million, or 75% of the budget. This is significantly higher than expenditures through the same period last year, as a direct result of the reopening of the Stadium for events. 10 City of Santa Clara
Financial Status Report as of March 31, 2022
Special Revenue Funds
The table below is a summary of revenues and expenditures of select Special Revenue Funds as of March 31, 2022. The amended budget for both reflects carryover appropriations from fiscal year 2021/22 in addition to budget amendments approved by the City Council through March 2022. Effective July 1, 2021, all Building Division revenues and expenditures are now budgeted and accounted for in the new Building Development Services Fund, which is included in the table below. Additionally, as approved by City Council on December 14, 2021 as part of the FY 2020/21 Budgetary Year-End Report, the ARPA Fund was established. Approximately $14.7 million and $11.2 million was moved from the Police Department and Fire Department, respectively, to the new ARPA Fund in order to separately track public safety expenditures eligible to be covered by these funds. The shift of public safety expenditures is reflected below. Revenues totaled approximately $31 million, while expenditures totaled approximately $37.8 million through the end of March. Overall, both revenues and expenditures are tracking below par.
Actual Actual $
Fund Adopted Amended Through Percentage Through Change From Percent Description Budget Budget 3/31/2022 received 3/31/2021 Prior Year Change Housing Authority Fund $ 261,000 $ 5,461,000 $ 244,837 4.48% $ 339,528 $ (94,691) -27.89% City Affordable Housing Fund 657,000 6,657,000 2,373,937 35.66% 547,080 1,826,857 333.93% Housing Successor Fund 350,000 350,000 533,489 152.43% 814,912 (281,423) -34.53% Housing and Urban Development 1,957,103 5,091,979 1,652,927 32.46% 1,648,053 4,874 0.30% Building Development Services
Fee Fund
13,630,000 13,630,000 12,929,548 94.86% 0 12,929,548 N/A American Rescue Plan Act Fund 0 26,231,326 13,262,615 50.56% 0 13,262,615 N/A TOTAL $ 16,855,103 $ 57,421,305 $ 30,997,353 53.98% $ 3,349,573 $ 27,647,780 825.41% Actual Actual $
Fund Adopted Amended through Percentage through Change From Percent Description Budget Budget 3/31/2022 used 3/31/2021 Prior Year Change Housing Authority Fund $ 363,099 $ 7,183,099 $ 91,977 1.28% $ 117,301 $ (25,324) -21.59% City Affordable Housing Fund 1,431,111 12,852,650 704,645 5.48% 689,089 15,556 2.26% Housing Successor Fund 915,640 11,260,001 562,012 4.99% 467,581 94,431 20.20% Housing and Urban Development 3,684,839 5,509,660 2,517,198 45.69% 1,925,439 591,759 30.73% Building Development Services
Fee Fund
12,256,059 14,757,132 7,967,812 53.99% 0 7,967,812 N/A
American Rescue Plan Act Fund 0 26,231,326 25,921,801 98.82% 0 25,921,801 N/A TOTAL $ 18,650,748 $ 77,793,868 $ 37,765,445 48.55% $ 3,199,410 $ 34,566,035 1080.39%
PRIOR YEAR EXPENDITURE COMPARISON
CITY OF SANTA CLARA
SPECIAL REVENUE FUNDS
REVENUE AND EXPENDITURE - OVERVIEW AND COMPARISON BY FUND REVENUES - FISCAL YEAR 2021/22 PRIOR YEAR REVENUE COMPARISON EXPENDITURES - FISCAL YEAR 2021/22
11 City of Santa Clara
Financial Status Report as of March 31, 2022
Governmental Capital Improvement Funds
The table below lists the total amended budget amounts for the Capital Improvement Funds, which consist of current year appropriations, prior year carryover balances in Governmental Capital Improvement Funds, and budget amendments approved through March 2022. As of March 31, 2022, these capital fund expenditures totaled $19.4 million, or 14.6% of the amended budget. As part of the adoption of the FY 2021/22 and FY 2022/23 operating budget, some capital funds were carried over for projects that were not anticipated to be completed by June 30, 2021. Necessary additional adjustments to the capital carryover amounts were included as part of the Budgetary Year-End Report for FY 2020/21, approved at the December 14, 2021 Council meeting. These adjustments are reflected below.
The carryover of prior year budget amounts is necessary when services or projects are started but not completed at the end of the fiscal year. This is especially true for the Capital Improvement Program (CIP) that typically spans several years. The table below displays the expenditure budget for the General Government capital funds excluding transfers.
EXPENDITURES - FISCAL YEAR 2021/22
Actual
Fund Current Year Prior Year Total Amended Through Percentage Description Appropriation Carryforward Budget 3/31/2022 Used Parks & Recreation $ 10,033,222 $ 12,169,765 $ 22,202,987 $ 1,383,907 6.23% Streets & Highways 38,402,677 38,569,145 76,971,822 11,742,777 15.26% Storm Drain 6,868,140 3,053,568 9,921,708 2,286,743 23.05% Fire 948,762 838,709 1,787,471 177,671 9.94%
Library 24,374 190,107 214,481 17,202 8.02%
Public Buildings 4,468,471 3,466,169 7,934,640 1,672,557 21.08% General Gov't - Other 2,464,262 8,838,081 11,302,343 1,334,739 11.81% Related Santa Clara Developer 1,073,862 1,166,044 2,239,906 740,266 33.05% Tasman East Specific
Infrastructure Improvement
Fund
23,757 4,836 28,593 3,309 11.57%
TOTAL $ 64,307,527 $ 68,296,424 $ 132,603,951 $ 19,359,171 14.60%
CITY OF SANTA CLARA
SUMMARY OF EXPENDITURES
GOVERNMENTAL CAPITAL IMPROVEMENT FUNDS
12 City of Santa Clara
Financial Status Report as of March 31, 2022
Enterprise Funds
The table below is a summary of revenues and expenses for the Enterprise Operating Funds as of March 31, 2022. Overall, revenues and expenditures are tracking below budgeted levels with revenues tracking at 69.3% of the budget and expenditures tracking at 70.6% of the budget.
Both revenues and expenditures are tracking above last fiscal year levels reflecting current activity levels. The increase in expenditures in the Electric Utility is primarily due to the higher debt retirement costs as well as higher resource costs related to transmission and wheeling (transportation of electric energy from within an electrical grid to an electrical load outside the grid boundaries). In the Solid Waste Utility Fund, expenditures are up primarily in the garbage collections, disposal and recycling accounts resulting from higher contractual services costs.
Actual Actual $
Fund Adopted Amended Through Percentage Through Change From Percent Description Budget Budget 3/31/2022 received 3/31/2021 Prior Year Change Electric Utility Fund $ 555,810,147 $ 555,810,147 $ 382,050,722 68.74% $ 352,415,550 $ 29,635,172 8.41% Water Utility Fund 49,489,630 49,489,630 35,884,932 72.51% 35,436,869 448,063 1.26% Sewer Utility Fund 58,344,697 58,344,697 40,985,981 70.25% 29,244,828 11,741,153 40.15% Cemetery Fund 600,000 600,000 565,524 94.25% 409,450 156,074 38.12% Solid Waste Utility Fund 33,610,000 33,764,000 23,689,033 70.16% 17,907,637 5,781,396 32.28% Water Recycling Fund 5,703,831 5,703,831 4,444,386 77.92% 3,978,651 465,735 11.71% TOTAL REVENUE $ 703,558,305 $ 703,712,305 $ 487,620,578 69.29% $ 439,392,985 $ 48,227,593 10.98% Actual Actual $
Fund Adopted Amended through Percentage through Change From Percent Description Budget Budget 3/31/2022 Used 3/31/2021 Prior Year Change Electric Utility Fund $ 511,251,732 $ 512,507,550 $ 368,600,861 71.92% $ 298,267,849 $ 70,333,012 23.58% Water Utility Fund 47,197,617 47,580,260 30,984,498 65.12% 31,528,459 (543,961) -1.73% Sewer Utility Fund 30,565,333 30,707,268 21,767,702 70.89% 19,753,924 2,013,778 10.19% Cemetery Fund 1,480,235 1,480,235 1,031,717 69.70% 957,441 74,276 7.76% Solid Waste Utility Fund 33,323,675 37,135,208 21,151,945 56.96% 18,729,407 2,422,538 12.93% Water Recycling Fund 5,709,582 5,709,582 4,620,442 80.92% 5,018,216 (397,774) -7.93% TOTAL - Operating
Appropriations
$ 629,528,174 $ 635,120,103 $ 448,157,165 70.56% $ 374,255,296 $ 73,901,869 19.75%
CITY OF SANTA CLARA
ENTERPRISE OPERATING FUNDS
REVENUES AND EXPENSES - OVERVIEW AND COMPARISON BY FUND REVENUES - FISCAL YEAR 2021/22 PRIOR YEAR REVENUE COMPARISON EXPENSES - FISCAL YEAR 2021/22 PRIOR YEAR EXPENSE COMPARISON Revenues in the electric (which also includes the Electric Debt Service Fund), water, and sewer utility (which also includes the Sewer Debt Service Fund) and water recycling funds are primarily from customer service charges. The activity levels for these customer service charges also impact the resource and production costs on the expenditure side for these funds. The lower the revenue from customer service charges, the lower the expenditures in the resource and production category. 13 City of Santa Clara
Financial Status Report as of March 31, 2022
A summary of expenses in the Enterprise Capital Improvement Funds is detailed in the table below.
Actuals through March 2022 totaled approximately $73.4 million, or 27% of the amended budget.
Expenditures in the Sewer Utility Capital Fund were significantly higher as a result of the Regional Wastewater Facility project, which is managed alongside the City of San José. Similar to the general government capital funds, capital funds were carried over into next fiscal year as part of the FY 2021/22 and FY 2022/23 budget adoption process for those projects that have not yet been completed.
Adjustments to the capital carryover amounts based on actual year-end expenditures were included as part of the Budgetary Year-End Report for FY 2020/21, approved at the December 14, 2021 Council meeting. These adjustments are reflected below.
Prior Year
Actual Actual
Fund Current Year Prior Year Total Amended Through Percentage Through Description Appropriation Carryforward Budget 3/31/2022 Used 3/31/2021 Electric Utility Fund $ 89,940,775 $ 82,265,773 $ 172,206,548 $ 30,998,186 18.00% $ 32,232,220 Street Lighting (1) 4,054 5,918,610 5,922,664 90,537 1.53% 28,687 Water Utility Fund 10,900,672 2,700,000 13,600,672 4,713,662 34.66% 6,605,570 Sewer Utility Fund 50,936,282 23,050,119 73,986,401 34,875,469 47.14% 10,656,132 Cemetery Fund 60,044 248,365 308,409 21,107 6.84% -
Solid Waste Utility Fund 670,377 174,826 845,203 694,042 82.12% 40,758 Water Recycling Fund 50,000 - 50,000 - 0.00% 329,459
Convention Center
Capital Fund
1,728,430 3,642,265 5,370,695 2,028,581 37.77% 2,063
TOTAL - CIP
Appropriations
$ 154,290,634 $ 117,999,958 $ 272,290,592 $ 73,421,584 26.96% $ 49,894,889 EXPENSES - FISCAL YEAR 2021/22
CITY OF SANTA CLARA
ENTERPRISE CAPITAL IMPROVEMENT FUNDS
SUMMARY OF EXPENSES
(1) Street Lighting fund is part of Electric Capital ImprovementFunds 14 City of Santa Clara
Financial Status Report as of March 31, 2022
Fund Reserves
By policy, City Council established the City’s General Contingency Reserve, under which reserves for Budget Stabilization and Capital Projects were established. • Budget Stabilization Reserve is set aside for weathering economic downturns, emergency financial crisis, or disaster situations. The reserve target is equal to the expenditures of the City’s General Fund operations for three months (90-day or 25% General Fund Adopted Operating Budget). In FY 2021/22, the City Council approved an exception to the policy to allow the Reserve to drop below the 25% level.
• Capital Projects Reserve earmarks funds for the Capital Improvement Program.
Other General Reserves and Enterprise Fund Reserves included in this report are highlighted as follows:
• Technology Fee Reserve is set aside to update and/or replace the City’s aging technology and to ensure internal controls are in compliance with current business standard and legal requirements.
• Land Sale Reserve is net proceeds from the sale of City-owned land, with interest earned on these funds available to be appropriated for General Fund operating expenditures. This reserve is available for appropriation by City Council action.
• The Electric Utility Reserve assures sufficient operating cash is available to ensure debt service coverage.
• The Replacement and Improvement Reserve in the Water and Sewer Utility Funds is for future capital improvement.
The table below summarizes select reserve balances.
15 City of Santa Clara
Financial Status Report as of March 31, 2022
DETAIL OF SELECTED FUND RESERVE BALANCES:
GENERAL
FUND ELECTRIC WATER
Budget Stabilization Reserve $ 53,615,880
Capital Projects Reserve 8,147,039
Land Sale Reserve 20,596,711
Technology Fee Reserve 1,426,174
Rate Stabilization Fund Reserve $ 44,898,011
Cost Reduction Fund Reserve 112,838,357
DVR Power Plant Contracts Reserve 78,163
Replacement & Improvement $ 303,090
TOTALS $ 83,785,803 $ 157,814,531 $ 303,090
CITY OF SANTA CLARA
RESERVE BALANCES
March 31, 2022
Note: The Capital Projects Reserve includes funding of $3.2 million set aside for projects programmed in FY 2022/23 through FY 2024/25 in the prior CIP. 16 City of Santa Clara
Financial Status Report as of March 31, 2022
Long-Term Interfund Advances
The funds below have made advances/loans which are not expected to be repaid within the next year.
The balances reflected in the table are through March 2022. The loan from the General Fund to Parks and Recreation Facilities reflects proceeds from the Land Sale Reserve for the purchase of property at the Reed and Grant Sports Park. This loan is anticipated to be repaid by 25% of future Mitigation Fee Act revenue until the loan is paid in full.
DETAIL OF LONG TERM INTERFUND ADVANCE BALANCES:
Fund Receiving Advance/Loan
Fund Making
Advance/Loan Type
Amount of
Advance/
Commitment
Cemetery General Fund Advance $ 7,961,149
Parks and Recreation Facilities General Fund Loan 8,761,865 TOTALS $ 16,723,014
Donations to the City of Santa Clara
Donations received by department during the month of March 2022 and for fiscal year 2021/22 are shown in the table below.
Department Mar-22
Fiscal Year
2021/22
Year To Date Designated Use
City Manager's Office $ 50 $ 190 Help Your Neighbor
Fire 300 300 Fire Prevention
Parks & Recreation - 12,800 Case Management
Parks & Recreation - 1,675 Wade Brummal
Parks & Recreation - 70 Roberta Jones Jr. Theater
Police - 75,000 PD Team 200
Police - 2,500 PD Training Simunition Gear
TOTALS $ 350 $ 92,535
_____________________________________________________________________
MONTHLY INVESTMENT REPORT
March 2022
City of Santa Clara
Monthly Investment Report
TABLE OF CONTENTS
Page #
1 Summary of Investment Portfolio 1
2 Summary of Investments 3
3 Investment Maturity Distribution Schedule 4
4 Attachment A: Investment Inventory With Market Value 5 1 CITY OF SANTA CLARA
SUMMARY OF INVESTMENT PORTFOLIO
All securities held by the City of Santa Clara as of March 31, 2022 were in compliance with the City's Investment Policy Statement regarding current market strategy and long-term goals and objectives. All securities held are rated A or higher by two nationally recognized rating agencies. There is adequate cash flow and maturity of investments to meet the City’s needs for the next six months. The following table provides the breakdown of the total portfolio among the City, the Sports and Open Space Authority (SOSA), and the Housing Authority (HA) as of March 31, 2022.
On March 31, 2022 the cost value and market value of the City's unrestricted pooled investment portfolio were $810,469,278 and $791,610,257 respectively. Investment Strategy and Market Update The City's investment strategy for March 2022 was to invest funds not required to meet current obligations, in securities listed in the prevailing Investment Policy Statement, with maturities not to exceed five years from date of purchase. This strategy ensures safety of the City’s funds, provides liquidity to meet the City’s cash needs, and earns a reasonable portfolio return. On July 14, 2020, City Council approved entering into a contract with PFM Asset Management LLC (“PFM”) for the management of the City’s investment portfolio. The City has leveraged PFM’s extensive investment management experience and dedicated credit and risk management personnel to further diversify the portfolio and enhance returns. PFM began actively managing the City’s securities portfolio on September 1, 2020. As of March 31, 2022, 44.83% of the City’s portfolio consists of U.S. Treasury Notes, 25.92% consists of Federal Agencies, 17.89% consists of investment grade Corporate Notes, 5.52% consists of Local Agency Investment Fund (LAIF), 2.26% consists of investment grade Supranational Obligations, 1.42% consists of investment grade Asset-Back Securities, 1.35% consists of Negotiable Certificates of Deposit, and 0.51% consists of investment grade Municipal Bonds. In addition, City bond proceeds are invested in separate funds and are not included in the calculation of the City’s portfolio yield. The City’s portfolio yield, including LAIF and money market accounts, was 1.31% and the average maturity of the City’s portfolio was 2.00 years.
COST VALUE PERCENTAGE
City $806,421,925 99.50%
SOSA 7,928 0.00%
HA 4,039,425 0.50%
Unrestricted $810,469,278 100.00%
Restricted Bond Proceeds 2,146,525
Total Investments $812,615,803
2 During 2022 annual Investment Policy review, the City updated on February 22, 2022 its performance benchmark to 24-Month moving average yield of the ICE BaML 1-5 US Treasury Index, from 0-5 US Treasury Index, as a measure of the performance of the portfolio and to help guide the maturity structure of the portfolio. Nevertheless, it is important to note full implementation will be effective July 1, 2022 to allow thoughtful realignment of portfolio securities. The City’s securities portfolio compared to the ICE BaML 1-5 US Treasury Index (Benchmark) and ICE BaML 0-5 US Treasury Index as of March 31, 2022 was as follows:
Description
Average Maturity
(Years)
Yield to Maturity
(At Cost) 1
Santa Clara Portfolio 2.10 1.39%
Benchmark – 1-5 US Treasury 2.69 0.51%
0-5 US Treasury Index 2.20 0.44%
1. Yield to Maturity at Cost: The expected rate of return based on the original cost, annual interest receipts, maturity value, and the time period from purchase date to maturity, stated as a percentage on an annualized basis.
CITY OF SANTA CLARA
SUMMARY OF INVESTMENTS MARCH 31, 2022
PER
COST % OF INVESTMENT
INVESTMENT TYPE VALUE PORTFOLIO POLICY
U.S. Treasury Notes 44.83% No Limit 364,250,941Federal Agency Notes 25.92% 80% 210,555,804Corporate Notes 17.89% 25% 145,344,435Municipal Bonds 0.51% 20% 4,145,000Supranational Obligations 2.26% 20% 18,376,628 Asset-Backed Securities 1.42% 10% 11,553,044
Negotiable Certificates of Deposit 11,000,000 1.35% 30%Money Market Fund 0.04% 10% Per Fund 349,445Local Agency Investment Fund (LAIF) 44,893,981 5.52% $75 MMutual Fund - Traffic Mitigation Bond Proceeds 2,146,525 0.26% 10% Per FundTOTAL INVESTMENTS $ 100.00% 812,615,803 U.S. Treasury Notes
44.83%
Federal Agency Notes
25.92%
Corporate Notes
17.89%
Municipal Bonds
0.51%
Supranational Obligations
2.26%
Asset‐Backed Securities
1.42%
Negotiable Certificates of
Deposit
1.35%
Money Market Fund
0.04%
Local Agency Investment Fund
(LAIF)
5.52%
Mutual Fund ‐ Traffic
Mitigation Bond Proceeds
0.26%
3 CITY OF SANTA CLARA
INVESTMENT MATURITY DISTRIBUTION
AS OF MARCH 31, 2022
UNRESTRICTED POOLED PORTFOLIO
MATURITY
(IN MONTHS) COST VALUE
DEMAND 45,243,426 $ (a) 2 5.58%
0 TO 6 65,836,384 11 8.12%
7 TO 12 67,090,578 13 8.28%
13 TO 18 110,720,478 18 13.66%19 TO 24 139,465,630 26 17.21%25 TO 30 95,354,298 17 11.77%31 TO 36 103,113,360 18 12.72%37 TO 42 87,004,285 15 10.74%43 TO 48 72,305,670 17 8.92%49 TO 54 18,778,962 5 2.32%55 TO 60 5,556,207 2 0.68% TOTAL 810,469,278 $ 144 100.00%
Average Maturity of Unrestricted Pool: 2.00 Years(a) $20 million is earmarked for the City's Electric Utility power-trading.
NUMBER OF
INVESTMENTS DISTRIBUTION
0%2%4%6%8%
10%12%14%16%18%20%22%24%
INVESTMENT MATURITY DISTRIBUTION
UNRESTRICTED POOLED PORTFOLIO
AS OF MARCH 31, 2022
Maturity (Months)
Distribution Percentage
4 City of Santa Clara Monthly Report
3/31/2022
Description Issue Date Coupon Rate Maturity Date CUSIP Par Value S&P Rating Settle Date Cost Value YTM at Cost Market Value Unrealized G/LUNITED STATES TREASURY 5/1/2017 1.875% 4/30/2022 912828X47 2,000,000.00 AA+ 1/19/2018 1,960,703.12 2.36% 2,002,500.00 41,796.88 UNITED STATES TREASURY 6/1/2015 1.875% 5/31/2022 912828XD7 5,000,000.00 AA+ 6/8/2017 5,024,218.75 1.77% 5,011,700.00 -12,518.75UNITED STATES TREASURY 6/30/2015 2.125% 6/30/2022 912828XG0 18,840,000.00 AA+ 12/21/2018 19,177,648.12 1.60% 18,912,157.20 -265,490.92 UNITED STATES TREASURY 7/31/2017 1.875% 7/31/2022 9128282P4 5,000,000.00 AA+ 3/26/2018 4,853,515.63 2.59% 5,018,150.00 164,634.37 UNITED STATES TREASURY 8/31/2015 1.875% 8/31/2022 912828L24 5,000,000.00 AA+ 9/28/2017 4,991,015.00 1.91% 5,019,550.00 28,535.00UNITED STATES TREASURY 10/2/2017 1.875% 9/30/2022 9128282W9 5,000,000.00 AA+ 4/19/2018 4,820,117.19 2.74% 5,020,100.00 199,982.81UNITED STATES TREASURY 9/30/2015 1.750% 9/30/2022 912828L57 5,000,000.00 AA+ 10/5/2017 4,950,781.25 1.96% 5,017,200.00 66,418.75UNITED STATES TREASURY 11/2/2015 1.875% 10/31/2022 912828M49 5,000,000.00 AA+ 10/25/2017 4,953,515.63 2.07% 5,019,150.00 65,634.37UNITED STATES TREASURY 11/30/2015 2.000% 11/30/2022 912828M80 5,000,000.00 AA+ 12/15/2017 4,960,546.88 2.17% 5,021,900.00 61,353.12UNITED STATES TREASURY 12/31/2015 2.125% 12/31/2022 912828N30 1,300,000.00 AA+ 5/14/2018 1,260,187.50 2.84% 1,306,604.00 46,416.50UNITED STATES TREASURY 1/15/2020 1.500% 1/15/2023 912828Z29 2,850,000.00 AA+ 4/20/2020 2,947,968.75 0.24% 2,849,658.00 -98,310.75UNITED STATES TREASURY 2/1/2016 1.750% 1/31/2023 912828P38 5,000,000.00 AA+ 2/13/2018 4,810,937.50 2.57% 5,008,600.00 197,662.50 UNITED STATES TREASURY 2/1/2016 1.750% 1/31/2023 912828P38 1,485,000.00 AA+ 2/28/2022 1,494,861.33 1.02% 1,487,554.20 -7,307.13UNITED STATES TREASURY 2/29/2016 1.500% 2/28/2023 912828P79 10,000,000.00 AA+ 2/27/2018 9,450,000.00 2.68% 9,986,700.00 536,700.00UNITED STATES TREASURY 3/31/2016 1.500% 3/31/2023 912828Q29 10,000,000.00 AA+ 4/10/2018 9,479,290.00 2.62% 9,976,600.00 497,310.00UNITED STATES TREASURY 3/31/2021 0.125% 3/31/2023 91282CBU4 5,000,000.00 AA+ 6/29/2021 4,992,187.50 0.21% 4,922,050.00 -70,137.50 UNITED STATES TREASURY 5/2/2016 1.625% 4/30/2023 912828R28 10,000,000.00 AA+ 5/8/2018 9,446,875.00 2.82% 9,982,000.00 535,125.00 UNITED STATES TREASURY 5/31/2016 1.625% 5/31/2023 912828R69 10,000,000.00 AA+ 7/16/2018 9,484,375.00 2.76% 9,968,000.00 483,625.00UNITED STATES TREASURY 7/2/2018 2.625% 6/30/2023 9128284U1 5,030,000.00 AA+ 8/26/2021 5,252,616.80 0.22% 5,071,648.40 -180,968.40UNITED STATES TREASURY 6/30/2016 1.375% 6/30/2023 912828S35 20,000,000.00 AA+ 1/17/2019 20,053,710.95 1.31% 19,856,200.00 -197,510.95UNITED STATES TREASURY 7/31/2018 2.750% 7/31/2023 912828Y61 10,000,000.00 AA+ 9/18/2018 9,918,710.94 2.93% 10,092,600.00 173,889.06UNITED STATES TREASURY 8/31/2016 1.375% 8/31/2023 9128282D1 5,000,000.00 AA+ 9/12/2018 4,657,031.25 2.87% 4,950,400.00 293,368.75UNITED STATES TREASURY 9/30/2016 1.375% 9/30/2023 912828T26 7,500,000.00 AA+ 11/13/2018 6,947,167.97 3.01% 7,417,125.00 469,957.03 UNITED STATES TREASURY 10/15/2020 0.125% 10/15/2023 91282CAP6 5,260,000.00 AA+ 3/26/2021 5,248,288.28 0.21% 5,097,886.80 -150,401.48UNITED STATES TREASURY 10/31/2016 1.625% 10/31/2023 912828T91 5,000,000.00 AA+ 1/25/2019 4,787,695.31 2.58% 4,958,000.00 170,304.69UNITED STATES TREASURY 11/30/2018 2.875% 11/30/2023 9128285P1 9,745,000.00 AA+ 6/23/2021 10,349,875.20 0.32% 9,847,030.15 -502,845.05UNITED STATES TREASURY 11/30/2016 2.125% 11/30/2023 912828U57 10,000,000.00 AA+ 2/28/2019 10,251,562.50 1.57% 9,985,900.00 -265,662.50UNITED STATES TREASURY 1/3/2017 2.250% 12/31/2023 912828V23 5,000,000.00 AA+ 3/13/2019 4,957,812.50 2.44% 4,999,200.00 41,387.50 UNITED STATES TREASURY 1/15/2021 0.125% 1/15/2024 91282CBE0 5,000,000.00 AA+ 3/26/2021 4,981,445.31 0.26% 4,811,150.00 -170,295.31UNITED STATES TREASURY 1/15/2021 0.125% 1/15/2024 91282CBE0 2,510,000.00 AA+ 3/31/2021 2,497,744.14 0.30% 2,415,197.30 -82,546.84UNITED STATES TREASURY 1/15/2021 0.125% 1/15/2024 91282CBE0 11,000,000.00 AA+ 6/11/2021 10,972,500.00 0.22% 10,584,530.00 -387,970.00UNITED STATES TREASURY 1/15/2021 0.125% 1/15/2024 91282CBE0 5,525,000.00 AA+ 7/14/2021 5,497,375.00 0.33% 5,316,320.75 -181,054.25UNITED STATES TREASURY 1/31/2019 2.500% 1/31/2024 9128285Z9 5,000,000.00 AA+ 4/14/2020 5,407,421.88 0.34% 5,016,800.00 -390,621.88UNITED STATES TREASURY 2/28/2017 2.125% 2/29/2024 912828W48 1,625,000.00 AA+ 4/15/2021 1,637,941.42 0.31% 1,619,166.25 -18,775.17UNITED STATES TREASURY 4/15/2021 0.375% 4/15/2024 91282CBV2 5,415,000.00 AA+ 10/15/2021 5,397,443.55 0.51% 5,201,378.25 -196,065.30UNITED STATES TREASURY 4/30/2019 2.250% 4/30/2024 9128286R6 3,825,000.00 AA+ 3/25/2022 3,827,838.87 2.21% 3,814,825.50 -13,013.37UNITED STATES TREASURY 5/1/2017 2.000% 4/30/2024 912828X70 5,000,000.00 AA+ 5/16/2019 4,952,734.38 2.20% 4,961,700.00 8,965.62 UNITED STATES TREASURY 5/15/2014 2.500% 5/15/2024 912828WJ5 6,050,000.00 AA+ 8/16/2019 6,332,174.65 1.48% 6,062,523.50 -269,651.15UNITED STATES TREASURY 6/30/2019 1.750% 6/30/2024 9128286Z8 7,250,000.00 AA+ 12/12/2019 7,253,398.44 1.74% 7,145,237.50 -108,160.94UNITED STATES TREASURY 6/30/2017 2.000% 6/30/2024 912828XX3 5,000,000.00 AA+ 8/29/2019 5,136,328.13 1.41% 4,954,100.00 -182,228.13UNITED STATES TREASURY 7/15/2021 0.375% 7/15/2024 91282CCL3 5,250,000.00 AA+ 9/10/2021 5,246,718.75 0.40% 5,010,862.50 -235,856.25 UNITED STATES TREASURY 7/31/2017 2.125% 7/31/2024 9128282N9 5,000,000.00 AA+ 9/10/2019 5,133,315.75 1.56% 4,964,450.00 -168,865.75UNITED STATES TREASURY 8/31/2017 1.875% 8/31/2024 9128282U3 2,985,000.00 AA+ 3/10/2020 3,149,640.66 0.62% 2,943,389.10 -206,251.56UNITED STATES TREASURY 8/31/2019 1.250% 8/31/2024 912828YE4 4,750,000.00 AA+ 1/5/2021 4,928,867.19 0.21% 4,615,480.00 -313,387.19UNITED STATES TREASURY 10/31/2017 2.250% 10/31/2024 9128283D0 10,000,000.00 AA+ 11/18/2019 10,290,625.00 1.64% 9,939,800.00 -350,825.00UNITED STATES TREASURY 11/30/2017 2.125% 11/30/2024 9128283J7 5,000,000.00 AA+ 1/6/2020 5,118,945.31 1.62% 4,951,150.00 -167,795.31 UNITED STATES TREASURY 1/2/2018 2.250% 12/31/2024 9128283P3 10,000,000.00 AA+ 1/7/2020 10,300,781.25 1.62% 9,932,000.00 -368,781.25 4/8/2022 12:34 PM 1 of 4
Attachment A
City of Santa Clara Monthly Report
3/31/2022
Description Issue Date Coupon Rate Maturity Date CUSIP Par Value S&P Rating Settle Date Cost Value YTM at Cost Market Value Unrealized G/LUNITED STATES TREASURY 1/31/2020 1.375% 1/31/2025 912828Z52 5,000,000.00 AA+ 4/22/2020 5,238,671.88 0.37% 4,846,100.00 -392,571.88UNITED STATES TREASURY 1/31/2020 1.375% 1/31/2025 912828Z52 1,950,000.00 AA+ 5/7/2021 2,013,146.48 0.50% 1,889,979.00 -123,167.48UNITED STATES TREASURY 2/28/2018 2.750% 2/28/2025 9128283Z1 6,200,000.00 AA+ 3/6/2020 6,850,757.82 0.61% 6,240,920.00 -609,837.82 UNITED STATES TREASURY 8/31/2020 0.250% 8/31/2025 91282CAJ0 4,120,000.00 AA+ 8/2/2021 4,075,581.25 0.52% 3,811,947.60 -263,633.65 UNITED STATES TREASURY 10/31/2020 0.250% 10/31/2025 91282CAT8 5,400,000.00 AA+ 10/7/2021 5,285,882.83 0.78% 4,978,746.00 -307,136.83UNITED STATES TREASURY 11/30/2020 0.375% 11/30/2025 91282CAZ4 4,450,000.00 AA+ 11/4/2021 4,327,625.00 1.07% 4,114,158.50 -213,466.50UNITED STATES TREASURY 12/31/2020 0.375% 12/31/2025 91282CBC4 3,820,000.00 AA+ 5/3/2021 3,751,956.25 0.76% 3,527,388.00 -224,568.25UNITED STATES TREASURY 1/31/2021 0.375% 1/31/2026 91282CBH3 8,025,000.00 AA+ 11/30/2021 7,817,478.52 1.01% 7,393,994.25 -423,484.27 UNITED STATES TREASURY 1/31/2021 0.375% 1/31/2026 91282CBH3 4,050,000.00 AA+ 1/6/2022 3,906,351.56 1.27% 3,731,548.50 -174,803.06 UNITED STATES TREASURY 1/31/2021 0.375% 1/31/2026 91282CBH3 7,735,000.00 AA+ 2/25/2022 7,305,949.22 1.84% 7,126,796.95 -179,152.27 UNITED STATES TREASURY 2/28/2021 0.500% 2/28/2026 91282CBQ3 3,575,000.00 AA+ 8/31/2021 3,574,577.43 0.70% 3,305,194.75 -269,382.68 UNITED STATES TREASURY 2/28/2021 0.500% 2/28/2026 91282CBQ3 5,175,000.00 AA+ 12/7/2021 5,035,517.58 1.15% 4,784,442.75 -251,074.83 UNITED STATES TREASURY 5/31/2021 0.750% 5/31/2026 91282CCF6 5,860,000.00 AA+ 3/21/2022 5,520,989.84 2.20% 5,450,268.80 -70,721.04 U.S. Treasury Bond / Note Subtotal 365,555,000.00 364,250,941.19 359,267,709.50 -4,983,231.69FANNIE MAE 10/6/2017 2.000% 10/5/2022 3135G0T78 5,000,000.00 AA+ 1/26/2018 4,890,750.00 2.50% 5,021,200.00 130,450.00 FANNIE MAE 11/25/2020 0.250% 11/27/2023 3135G06H1 4,950,000.00 AA+ 11/25/2020 4,944,357.00 0.29% 4,795,263.00 -149,094.00FANNIE MAE 11/25/2020 0.250% 11/27/2023 3135G06H1 5,225,000.00 AA+ 1/22/2021 5,230,799.75 0.21% 5,061,666.50 -169,133.25FANNIE MAE 7/8/2019 1.750% 7/2/2024 3135G0V75 15,000,000.00 AA+ 12/18/2019 15,566,089.75 0.90% 14,793,600.00 -772,489.75 FANNIE MAE 1/10/2020 1.625% 1/7/2025 3135G0X24 7,500,000.00 AA+ 1/22/2020 7,499,025.00 1.63% 7,322,175.00 -176,850.00FANNIE MAE 4/24/2020 0.625% 4/22/2025 3135G03U5 10,000,000.00 AA+ 5/7/2020 10,050,600.00 0.52% 9,443,600.00 -607,000.00 FANNIE MAE 11/12/2020 0.500% 11/7/2025 3135G06G3 1,860,000.00 AA+ 12/29/2020 1,864,929.00 0.44% 1,731,622.80 -133,306.20 FNMA Medium Term Note Subtotal 49,535,000.00 50,046,550.50 48,169,127.30 -1,877,423.20 FEDERAL FARM CREDIT BANKS 10/14/2016 1.400% 4/14/2022 3133EGYS8 5,000,000.00 AA+ 2/4/2020 4,994,485.00 1.45% 5,001,100.00 6,615.00 FEDERAL FARM CREDIT BANKS 7/19/2019 1.850% 7/19/2022 3133EKVE3 5,000,000.00 AA+ 7/17/2019 4,994,300.00 1.89% 5,014,850.00 20,550.00 FEDERAL FARM CREDIT BANKS 8/5/2019 1.850% 8/5/2022 3133EKYJ9 5,000,000.00 AA+ 8/13/2019 5,029,800.00 1.64% 5,015,200.00 -14,600.00 FEDERAL FARM CREDIT BANKS 11/1/2017 2.080% 11/1/2022 3133EHM91 1,800,000.00 AA+ 10/7/2019 1,834,398.00 1.44% 1,809,720.00 -24,678.00 FEDERAL FARM CREDIT BANKS 3/16/2018 2.710% 12/16/2022 3133EJGU7 5,000,000.00 AA+ 3/28/2018 5,015,935.00 2.64% 5,055,850.00 39,915.00 FEDERAL FARM CREDIT BANKS 6/19/2018 2.890% 6/19/2023 3133EJSD2 5,000,000.00 AA+ 11/28/2018 4,980,250.00 2.98% 5,065,050.00 84,800.00FEDERAL FARM CREDIT BANKS 1/17/2020 1.600% 7/17/2023 3133ELHZ0 5,000,000.00 AA+ 1/16/2020 4,998,200.00 1.61% 4,976,300.00 -21,900.00 FEDERAL FARM CREDIT BANKS 8/14/2018 2.900% 8/14/2023 3133EJWV7 5,000,000.00 AA+ 9/17/2018 4,977,050.00 3.00% 5,060,250.00 83,200.00 FEDERAL FARM CREDIT BANKS 10/2/2018 3.050% 10/2/2023 3133EJD48 7,575,000.00 AA+ 11/27/2018 7,583,620.35 3.02% 7,687,261.50 103,641.15FEDERAL FARM CREDIT BANKS 11/1/2017 2.200% 11/1/2023 3133EHN25 2,965,000.00 AA+ 6/26/2019 3,006,094.90 1.87% 2,971,285.80 -34,809.10 FEDERAL FARM CREDIT BANKS 2/27/2019 2.610% 2/27/2024 3133EKBW5 5,000,000.00 AA+ 3/20/2019 5,033,150.00 2.47% 5,041,500.00 8,350.00FEDERAL FARM CREDIT BANKS 4/22/2019 2.450% 7/22/2024 3133EKHV1 5,000,000.00 AA+ 9/4/2019 5,250,650.00 1.38% 5,017,250.00 -233,400.00 FEDERAL FARM CREDIT BANKS 11/1/2019 1.650% 11/1/2024 3133EK4Y9 5,000,000.00 AA+ 11/8/2019 4,962,850.00 1.81% 4,907,350.00 -55,500.00 FEDERAL FARM CREDIT BANKS 1/23/2020 1.650% 1/23/2025 3133ELJM7 7,320,000.00 AA+ 5/18/2020 7,689,367.20 0.56% 7,155,592.80 -533,774.40 FEDERAL FARM CREDIT BANKS 5/14/2020 0.500% 5/14/2025 3133ELZM9 10,000,000.00 AA+ 5/15/2020 9,982,800.00 0.53% 9,390,800.00 -592,000.00FEDERAL FARM CREDIT BANKS 6/9/2020 0.500% 6/9/2025 3133ELH23 10,000,000.00 AA+ 6/12/2020 9,997,540.00 0.50% 9,378,500.00 -619,040.00FFCB Medium Term Note Subtotal 89,660,000.00 90,330,490.45 88,547,860.10 -1,782,630.35 FEDERAL FARM CREDIT BANKS 7/2/2020 0.500% 7/2/2025 3133ELR71 10,000,000.00 AA+ 7/14/2020 10,017,640.00 0.46% 9,365,200.00 -652,440.00FFCB Coupon Note Subtotal 10,000,000.00 10,017,640.00 9,365,200.00 -652,440.00FEDERAL HOME LOAN BANKS 8/15/2013 3.125% 9/9/2022 313383WD9 5,000,000.00 AA+ 12/12/2018 5,039,800.00 2.90% 5,045,500.00 5,700.00 4/8/2022 12:34 PM 2 of 4
Attachment A
City of Santa Clara Monthly Report
3/31/2022
Description Issue Date Coupon Rate Maturity Date CUSIP Par Value S&P Rating Settle Date Cost Value YTM at Cost Market Value Unrealized G/LFEDERAL HOME LOAN BANKS 10/17/2014 2.375% 9/8/2023 3130A3DL5 5,000,000.00 AA+ 9/5/2019 5,164,135.00 1.53% 5,017,750.00 -146,385.00FEDERAL HOME LOAN BANKS 12/9/2013 3.375% 12/8/2023 3130A0F70 5,000,000.00 AA+ 1/8/2019 5,147,870.00 2.73% 5,087,650.00 -60,220.00FEDERAL HOME LOAN BANKS 1/16/2015 2.250% 12/8/2023 3130A3VC5 5,000,000.00 AA+ 3/12/2020 5,282,425.00 0.72% 4,998,850.00 -283,575.00FEDERAL HOME LOAN BANKS 5/8/2014 2.875% 6/14/2024 3130A1XJ2 5,000,000.00 AA+ 11/20/2019 5,270,205.00 1.64% 5,046,250.00 -223,955.00FEDERAL HOME LOAN BANKS 11/6/2014 2.750% 12/13/2024 3130A3GE8 5,000,000.00 AA+ 3/12/2020 5,461,300.00 0.77% 5,037,600.00 -423,700.00FHLB Medium Term Note Subtotal 30,000,000.00 31,365,735.00 30,233,600.00 -1,132,135.00FREDDIE MAC 5/7/2020 0.375% 5/5/2023 3137EAER6 5,000,000.00 AA+ 5/8/2020 5,014,545.00 0.28% 4,922,250.00 -92,295.00FREDDIE MAC 9/4/2020 0.250% 9/8/2023 3137EAEW5 1,640,000.00 AA+ 9/4/2020 1,640,761.21 0.24% 1,595,884.00 -44,877.21FREDDIE MAC 9/4/2020 0.250% 9/8/2023 3137EAEW5 4,295,000.00 AA+ 9/4/2020 4,293,582.65 0.26% 4,179,464.50 -114,118.15FREDDIE MAC 10/16/2020 0.125% 10/16/2023 3137EAEY1 3,270,000.00 AA+ 10/16/2020 3,257,802.90 0.25% 3,169,839.90 -87,963.00FREDDIE MAC 2/14/2020 1.500% 2/12/2025 3137EAEP0 5,000,000.00 AA+ 5/20/2020 5,226,960.00 0.53% 4,860,350.00 -366,610.00FREDDIE MAC 9/25/2020 0.375% 9/23/2025 3137EAEX3 9,390,000.00 AA+ 9/25/2020 9,361,736.10 0.44% 8,715,046.80 -646,689.30FHLMC Medium Term Note Subtotal 28,595,000.00 28,795,387.86 27,442,835.20 -1,352,552.66INTER-AMERICAN DEVELOPMENT BANK 9/23/2021 0.500% 9/23/2024 4581X0DZ8 11,065,000.00 AAA 9/23/2021 11,056,811.90 0.52% 10,535,650.40 -521,161.50INTL BANK OF RECONSTRUCTION AND DEV 4/20/2021 0.126% 4/20/2023 459058JV6 7,335,000.00 AAA 4/20/2021 7,319,816.55 0.23% 7,199,302.50 -120,514.05Supranational Subtotal 18,400,000.00 18,376,628.45 17,734,952.90 -641,675.55CALIFORNIA EARTHQUAKE AUTHORITY 11/24/2020 1.477% 7/1/2023 13017HAK2 1,430,000.00 NR 11/24/2020 1,430,000.00 1.48% 1,416,858.30 -13,141.70LOS ANGELES COMMUNITY COLLEGE DISTRICT C 11/10/2020 0.773% 8/1/2025 54438CYK2 2,715,000.00 AA+ 11/10/2020 2,715,000.00 0.77% 2,546,561.40 -168,438.60Municipals Subtotal 4,145,000.00 4,145,000.00 3,963,419.70 -181,580.30 3M COMPANY 9/14/2018 3.250% 2/14/2024 88579YBB6 5,000,000.00 A+ 11/29/2021 5,241,250.00 1.03% 5,065,400.00 -175,850.00ADOBE INC 1/26/2015 3.250% 2/1/2025 00724FAC5 4,000,000.00 A+ 1/26/2022 4,183,680.00 1.68% 4,052,920.00 -130,760.00 ALPHABET INC 4/27/2016 3.375% 2/25/2024 02079KAB3 5,330,000.00 AA+ 11/23/2021 5,642,444.60 0.75% 5,441,397.00 -201,047.60AMAZON.COM INC 5/12/2021 0.450% 5/12/2024 023135BW5 245,000.00 AA 5/12/2021 302,801.19 0.50% 235,837.00 -66,964.19AMAZON.COM INC 5/12/2021 0.450% 5/12/2024 023135BW5 4,000,000.00 AA 3/14/2022 3,874,280.00 1.94% 3,850,400.00 -23,880.00APPLE INC 11/13/2017 2.750% 1/13/2025 037833DF4 5,000,000.00 AA+ 3/9/2021 5,340,100.00 0.94% 5,008,050.00 -332,050.00APPLE INC 11/13/2017 2.750% 1/13/2025 037833DF4 5,000,000.00 AA+ 3/29/2021 5,355,200.00 0.84% 5,008,050.00 -347,150.00BANK OF AMERICA 7/23/2013 4.100% 7/24/2023 06053FAA7 4,070,000.00 A- 9/15/2020 4,482,494.50 0.52% 4,159,092.30 -323,402.20BANK OF AMERICA CORP 3/22/2022 3.384% 4/2/2026 06051GKM0 5,000,000.00 A- 3/22/2022 5,005,100.00 3.36% 4,993,250.00 -11,850.00BANK OF NY MELLON CORP 1/28/2021 0.750% 1/28/2026 06406RAQ0 9,000,000.00 A 2/10/2021 9,025,920.00 0.69% 8,321,760.00 -704,160.00BRISTOL-MYERS SQUIBB CO 11/13/2020 0.750% 11/13/2025 110122DN5 5,725,000.00 A+ 6/30/2021 5,672,673.50 0.96% 5,301,808.00 -370,865.50CATERPILLAR FINANCIAL SERVIC 1/10/2022 0.950% 1/10/2024 14913R2S5 2,535,000.00 A 1/10/2022 2,534,594.40 0.96% 2,469,495.60 -65,098.80 CATERPILLAR FINANCIAL SERVIC 1/10/2022 0.950% 1/10/2024 14913R2S5 3,100,000.00 A 3/14/2022 3,045,409.00 1.94% 3,019,896.00 -25,513.00ELI LILLY & CO 3/5/2015 2.750% 6/1/2025 532457BH0 5,415,000.00 A+ 2/10/2022 5,559,255.60 1.91% 5,391,065.70 -168,189.90 HERSHEY COMPANY 8/21/2015 3.200% 8/21/2025 427866AU2 3,000,000.00 A 3/30/2022 3,014,040.00 3.05% 3,013,560.00 -480.00HONEYWELL INTERNATIONAL 5/18/2020 1.350% 6/1/2025 438516CB0 5,000,000.00 A 9/8/2021 5,097,900.00 0.82% 4,816,200.00 -281,700.00HONEYWELL INTERNATIONAL 5/18/2020 1.350% 6/1/2025 438516CB0 2,255,000.00 A 3/22/2022 2,181,960.55 2.41% 2,172,106.20 -9,854.35JOHN DEERE CAPITAL CORP 6/17/2021 1.050% 6/17/2026 24422EVR7 5,000,000.00 A 12/8/2021 4,908,600.00 1.47% 4,638,650.00 -269,950.00 JOHNSON & JOHNSON 11/10/2017 2.625% 1/15/2025 478160CJ1 2,000,000.00 AAA 2/25/2022 2,036,000.00 1.98% 2,010,360.00 -25,640.00JOHNSON & JOHNSON 8/25/2020 0.550% 9/1/2025 478160CN2 5,000,000.00 AAA 9/3/2020 5,023,550.00 0.45% 4,663,050.00 -360,500.00 4/8/2022 12:34 PM 3 of 4
Attachment A
City of Santa Clara Monthly Report
3/31/2022
Description Issue Date Coupon Rate Maturity Date CUSIP Par Value S&P Rating Settle Date Cost Value YTM at Cost Market Value Unrealized G/LJPMORGAN CHASE & CO 9/16/2020 0.653% 9/16/2024 46647PBS4 2,675,000.00 A- 9/16/2020 2,675,000.00 0.65% 2,601,089.75 -73,910.25 JPMORGAN CHASE & CO 8/10/2021 0.768% 8/9/2025 46647PCM6 2,340,000.00 A- 8/10/2021 2,340,000.00 0.77% 2,218,015.80 -121,984.20JPMORGAN CHASE & CO 3/13/2020 2.005% 3/13/2026 46647PBH8 2,800,000.00 A- 3/22/2022 2,712,500.00 2.84% 2,699,396.00 -13,104.00MASTERCARD INC 12/3/2019 2.000% 3/3/2025 57636QAN4 5,000,000.00 A+ 3/9/2021 5,213,450.00 0.91% 4,919,950.00 -293,500.00 MASTERCARD INC 12/3/2019 2.000% 3/3/2025 57636QAN4 5,000,000.00 A+ 3/10/2022 4,990,800.00 2.06% 4,919,950.00 -70,850.00MERCK & CO INC 3/7/2019 2.900% 3/7/2024 58933YAU9 5,375,000.00 A+ 11/23/2021 5,623,916.25 0.85% 5,440,091.25 -183,825.00 MICROSOFT CORP 2/6/2017 2.875% 2/6/2024 594918BX1 5,000,000.00 AAA 11/29/2021 5,202,600.00 1.00% 5,063,850.00 -138,750.00 MICROSOFT CORP 2/12/2015 2.700% 2/12/2025 594918BB9 5,000,000.00 AAA 3/9/2021 5,341,700.00 0.92% 5,032,250.00 -309,450.00 STATE STREET BANK & TR 2/7/2022 1.746% 2/6/2026 857477BR3 1,115,000.00 A 2/7/2022 1,115,000.00 1.75% 1,074,112.95 -40,887.05STATE STREET BANK & TR 10/29/2020 2.901% 3/30/2026 857477BM4 4,250,000.00 A 3/14/2022 4,275,372.50 2.74% 4,214,002.50 -61,370.00TARGET CORP 1/24/2022 1.950% 1/15/2027 87612EBM7 990,000.00 A 1/24/2022 988,317.00 1.99% 956,072.70 -32,244.30TARGET CORP 1/24/2022 1.950% 1/15/2027 87612EBM7 4,595,000.00 A 2/1/2022 4,567,889.50 2.08% 4,437,529.35 -130,360.15TOYOTA MOTOR CREDIT CORP 1/11/2021 0.450% 1/11/2024 89236THU2 6,100,000.00 A+ 1/11/2021 6,099,634.00 0.45% 5,891,197.00 -208,437.00UNILEVER CAPITAL CORP 9/14/2020 0.375% 9/14/2023 904764BJ5 660,000.00 A+ 9/14/2020 659,155.20 0.42% 643,176.60 -15,978.60WAL-MART STORES INC 6/27/2018 3.550% 6/26/2025 931142ED1 5,700,000.00 AA 2/8/2022 6,011,847.00 1.87% 5,861,253.00 -150,594.00Corporate Note Subtotal 142,275,000.00 145,344,434.79 139,604,284.70 -5,740,150.09 CARMAX AUTO OWNER TRUST 4/21/2021 0.520% 2/17/2026 14314QAC8 2,375,000.00 AAA 4/21/2021 2,374,488.19 0.52% 2,291,043.75 -83,444.44DISCOVER CARD EXECUTION NOTE TRUST 9/27/2021 0.580% 9/15/2026 254683CP8 2,100,000.00 AAA 9/27/2021 2,099,550.39 0.58% 1,993,446.00 -106,104.39HONDA AUTO RECEIVABLES OWNER T 11/24/2021 0.880% 1/21/2026 43815GAC3 1,615,000.00 NR 11/24/2021 1,614,659.56 0.89% 1,563,303.85 -51,355.71HYUNDAI AUTO RECEIVABLES TRUST 4/28/2021 0.380% 9/15/2025 44933LAC7 1,575,000.00 AAA 4/28/2021 1,574,834.31 0.38% 1,535,546.25 -39,288.06 HYUNDAI AUTO RECEIVABLES TRUST 11/17/2021 0.740% 5/15/2026 44935FAD6 1,245,000.00 AAA 11/17/2021 1,244,722.12 0.75% 1,196,108.85 -48,613.27HYUNDAI AUTO RECEIVABLES TRUST 9/27/2021 0.430% 1/15/2026 89239BAC5 2,645,000.00 AAA 9/27/2021 2,644,789.19 0.43% 2,547,822.70 -96,966.49Asset-Backed Security Subtotal 11,555,000.00 11,553,043.76 11,127,271.40 -425,772.36 BARCLAYS BANK PLC 2/3/2022 1.050% 2/1/2023 06742TG34 11,000,000.00 A-1 2/3/2022 11,000,000.00 1.05% 10,910,570.00 -89,430.00Certificate of Deposit Subtotal 11,000,000.00 11,000,000.00 10,910,570.00 -89,430.00 WELLS FARGO PUBLIC INSTITUTION 4/1/2022 992995944 349,445.02 9/1/2020 349,445.02 0.07% 349,445.02 -LOCAL AGENCY INVESTMENT FUND 4/1/2022 44,893,981.38 9/30/1997 44,893,981.38 0.62% 44,893,981.38 -DREYFUS TREASURY 4/1/2022 2,146,524.93 10/31/1997 2,146,524.93 0.03% 2,146,524.93 - Cash Equivalent Subtotal 47,389,951.33 47,389,951.33 47,389,951.33 -Grand Total Count 145 808,109,951.33 812,615,803.33 793,756,782.13 (18,859,021.20) 4/8/2022 12:34 PM 4 of 4
Attachment A
Attachment 5
Department/Item
Source of
Funds
Use of
Funds Explanation
Other Agencies Revenue
(USAR Training
Reimbursements) / Fire
Department
16,012 16,012 Recognizes Urban Search and Rescue (USAR) training exercise reimbursements for the FY
2021/22 Field Data Collections Workshop, Medical
Cache Training, Trench Rescue Training, HazMat
Instructor Lead Training, Enhanced Operations in
the Contaminated Environment (EOCE) Training,
FEMA Medical Team Training, and ArcGIS Survey
123 Train-The-Trainer Trainings and allocates the
funds to the Fire Department (five affirmative
Council votes required to appropriate additional
revenue).
Fire Department - Other
Agencies Revenue (Wildland
Deployment Reimbursements)
342,375 Recognizes wildland deployment reimbursements
for the FY 2021/22 KNP Complex incident, the FY
2020/21 Olive View, Kern Adventist Health Surge
deployments, Fawn incidents, and the FY 2020/21
North Complex USAR Support incident. Of this
amount, $238,065 is recommended to be allocated
to the Fire Department and $104,310 is
recommended to be transferred to the Vehicle
Replacement Fund to fund a portion of the cost to
replace a fire engine (five affirmative Council
votes required to appropriate additional
revenue).
Fire Department 238,065 Increases the Fire Department budget by $238,065 to allocate a portion of the $342,375 in wildland
deployment reimbursements to cover Fire
Department costs (five affirmative Council votes
required to appropriate additional revenue).
Transfer to the Vehicle
Replacement Fund
104,310 Increases the transfer to the Vehicle Replacement Fund by $104,310 to cover the full replacement
costs of a fire engine. An amount of $710,000 was
transferred to the Vehicle Replacement Fund in the
FY 2021/22 January MFR, but the actual engine
cost exceeded the initial estimate by $104,310. This
additional amount will be funded from the wildland
deployment reimbursements to cover the fire engine
replacement total cost of $814,310 (five affirmative
Council votes required to appropriate additional
revenue).
General Fund (001)
FY 2021/22 Budget Amendments
1 Attachment 5
FY 2021/22 Budget Amendments
Department/Item
Source of
Funds
Use of
Funds Explanation
Cemetery Operations -
Advance from the General
Fund Write-Off
- - The purpose of the Advances from the General
Fund is to subsidize the Cemetery operations, which
has been operating at a deficit. The advance bears
no interest and will be repaid when funds become
available. However, the potential repayment of the
advance is unlikely in the City’s ten-year General
Fund forecast due to the limited revenue sources
from the Cemetery Fund. The Cemetery Fund has
an accumulated outstanding Advance from the
General Fund in the amount of $7,961,149. This
action writes off this advance in the amount of
$7,961,149 that will not be repaid to the General
Fund. There are no budget actions reflected as the
repayment of this advance to the General Fund was
not assumed in the FY 2021/22 budget.
Additionally, the City will change the funding source
for the Cemetery Fund going forward and consider
the transfer from the General Fund as a subsidy
rather than a loan to the Cemetery Fund. The
annual transfer from the General Fund will be used
to cover operational costs of the Cemetery Fund
since there are insufficient funding sources to cover
the normal operational costs.
358,387 358,387
General Fund (001) (Cont'd.)
2 Attachment 5
FY 2021/22 Budget Amendments
Department/Item
Source of
Funds
Use of
Funds Explanation
Cemetery Operations -
Advance from the General
Fund Write-Off
- - The purpose of the Advances from the General
Fund is to subsidize the Cemetery operations, which
has been operating at a deficit. The advance bears
no interest and will be repaid when funds become
available. However, the potential repayment of the
advance is unlikely in the City’s ten-year General
Fund forecast due to the limited revenue sources
from the Cemetery Fund. The Cemetery Fund has
an accumulated outstanding Advance from the
General Fund in the amount of $7,961,149. This
action writes off this advance in the amount of
$7,961,149 that will not be repaid to the General
Fund. There are no budget actions reflected as the
repayment of this advance to the General Fund was
not assumed in the FY 2021/22 budget.
Additionally, the City will change the funding source
for the Cemetery Fund going forward and consider
the transfer from the General Fund as a subsidy
rather than a loan to the Cemetery Fund. The
annual transfer from the General Fund will be used
to cover operational costs of the Cemetery Fund
since there are insufficient funding sources to cover
the normal operational costs.
- -
Cemetery Fund (093)
3 Attachment 5
FY 2021/22 Budget Amendments
Department/Item
Source of
Funds
Use of
Funds Explanation
Transfer From the General
Government Capital Fund /
Santa Clara Convention Center
Condition Assessment Repairs
64,600 64,600 Establishes a transfer from the General
Government Capital Fund and increases the Santa
Clara Convention Center Condition Assessment
Repairs project to centralize all funding for capital
improvements for the Convention Center (five
affirmative Council votes required to appropriate
additional revenue).
64,600 64,600
Department/Item
Source of
Funds
Use of
Funds Explanation
System Capacity Expansion
Project
5,500,000 Increases the System Capacity Expansion Project in the amount of $5.5 million for overall System
Expansion Plan Program Management and
technical support as discussed in the recent
amendment to an agreement with AECOM in RTC
22-555, approved by Council on May 10, 2022.
When the agreement associated with this budget
action was submitted to Council, staff identified
sufficient funding was available in the unique capital
project budgets. After further review, staff has
identified that a significant portion of this project is general work to provide benefits to SVP’s capital
program as a whole. Therefore, staff recommends a
budget adjustment in the System Capacity
Expansion Plan for these broader services to be
captured separately (five affirmative Council
votes required for the use of unused balances).
Unrestricted Ending Fund
Balance
(5,500,000) Decreases the Unrestricted Ending Fund Balance to offset the action above (five affirmative Council
votes required for the use of unused balances).
- -
Convention Center Capital Fund (865)
Electric Utility Capital Fund (591)
4 Attachment 5
FY 2021/22 Budget Amendments
Department/Item
Source of
Funds
Use of
Funds Explanation
Transfer to the Convention
Center Capital Fund
64,600 Establishes a transfer to the Santa Clara
Convention Center Condition Assessment Repairs
project in the Convention Center Capital Fund. This
action will centralize all funding for the Convention
Center into one project (majority affirmative
Council votes required).
Convention Center Repairs
and Upgrades
(64,600) Decreases the remaining budget in the Convention Center Repairs and Upgrades project and
reallocates the funding to the centralized Santa
Clara Convention Center Assessment Repairs
project in the Convention Center Capital Fund
(majority affirmative Council votes required).
- -
General Government Capital Fund (539)
5 Attachment 5
FY 2021/22 Budget Amendments
Department/Item
Source of
Funds
Use of
Funds Explanation
Developer Contributions (5,200,000) On September 1, 2020, the City Council approved budget amendments in Report to Council 20-751,
which increased the developer contributions
estimate to $5.2 million, increased the City loan
appropriation for the 2330 Monroe Street Housing
Project to $6.7 million, and decreased the ending
fund balance by $1.5 million in the Housing Authority
Fund. A portion of this capital loan was already
budgeted in the Housing Successor Agency Fund.
This action decreases the developer contribution
estimate by $5.2 million and additional actions are
recommended in this report to shift this revenue
estimate to the Housing Successor Agency Fund in
order to centralize all funding for the 2330 Monroe
Housing Project (majority affirmative Council
votes required).
City Loan for Affordable
Housing Project at 2330
Monroe Street
(6,700,000) On September 1, 2020, the City Council approved budget amendments in Report to Council 20-751,
which increased the developer contributions
estimate to $5.2 million, increased the City loan
appropriation for the 2330 Monroe Street Housing
Project to $6.7 million, and decreased the ending
fund balance by $1.5 million in the Housing Authority
Fund. A portion of this capital loan was already
budgeted in the Housing Successor Agency Fund.
This action decreases the City loan appropriation for
this housing project by $6.7 million and additional
actions are recommended in this report to shift this
City loan appropriation to the Housing Successor
Agency Fund in order to centralize all funding for the
2330 Monroe Housing Project (majority affirmative
Council votes required).
Ending Fund Balance 1,500,000 Increases the ending fund balance to offset the actions recommended above (majority affirmative
Council votes required).
(5,200,000) (5,200,000)
Housing Authority Fund (164)
6 Attachment 5
FY 2021/22 Budget Amendments
Department/Item
Source of
Funds
Use of
Funds Explanation
Developer Contributions 5,200,000 On September 1, 2020, the City Council approved budget amendments in Report to Council 20-751,
which increased the developer contributions
estimate to $5.2 million, increased the City loan
appropriation for the 2330 Monroe Street Housing
Project to $6.7 million, and decreased the ending
fund balance by $1.5 million in the Housing Authority
Fund. A portion of this capital loan was already
budgeted in the Housing Successor Agency Fund.
This action increases the developer contribution
estimate by $5.2 million to shift this revenue
estimate from the Housing Authority Fund in order to
centralize all funding for the 2330 Monroe Housing
Project (five affirmative Council votes required to
appropriate additional revenue).
City Loan for Affordable
Housing Project at 2330
Monroe Street
6,700,000 On September 1, 2020, the City Council approved budget amendments in Report to Council 20-751,
which increased the developer contributions
estimate to $5.2 million, increased the City loan
appropriation for the 2330 Monroe Street Housing
Project to $6.7 million, and decreased the ending
fund balance by $1.5 million in the Housing Authority
Fund. A portion of this capital loan was already
budgeted in the Housing Successor Agency Fund.
This action increases the City loan appropriation for
this housing project by $6.7 million in order to
centralize all funding for the 2330 Monroe Housing
Project (five affirmative Council votes required to
appropriate additional revenue and for the use
of unused balances).
Ending Fund Balance (1,500,000) Decreases the ending fund balance to offset the actions recommended above (five affirmative
Council votes required for the use of unused
balances).
5,200,000 5,200,000
Housing Successor Agency Fund (169)
7 Attachment 5
FY 2021/22 Budget Amendments
Department/Item
Source of
Funds
Use of
Funds Explanation
Other Revenue (Developer
Contributions) / Sanitary
Landfill Development - Post
Closure Project
72,000 72,000 Increases the Other Revenue estimate and the Sanitary Landfill Development - Post Closure
Project by $72,000 for anticipated Developer
Contributions from Related for additional post
closure costs. Per the Development Agreement,
Related is to reimburse the City for all operating and
maintenance costs above the baseline costs
established in 2020 (five affirmative Council votes
required to appropriate additional revenue).
72,000 72,000
Department/Item
Source of
Funds
Use of
Funds Explanation
Other Agencies Revenue 11,123 Increases the Other Agencies Revenue estimate by $11,123 to recognize funding from the FY 2021/22
Transportation Fund for Clean Air (TFCA) grant
administered by Santa Clara Valley Transportation
Authority (VTA). This funding will help partially fund
the Mission College Blvd Class IV Bike Lanes
Project (five affirmative Council votes required to
appropriate additional revenue).
Pedestrian and Bicycle
Enhancement Project
(53,877) Decreases the Pedestrian and Bicycle
Enhancement Project to supplement funding for the
Mission College Blvd Class IV Bike Lanes project
(majority affirmative Council votes required).
Mission College Blvd Class IV
Bike Lanes Project (New
Project)
65,000 Establishes the Mission College Blvd Class IV Bike Lanes Project in the amount of $65,000. The project
will install plastic bollards to create a protected
(Class IV) bikeway on Mission College Blvd between
Marriott driveway and Wyatt Drive. This project
implements a top priority within the adopted Bicycle
Plan Update 2018 and was recommended by the
BPAC at the January 24, 2022 meeting. The project
is partially funded by a Transportation Fund For
Clean Air (TFCA) grant awarded to the City as part
of the FY2021/22 funding cycle. This grant is
intended to reduce greenhouse gas emissions (five
affirmative Council votes required to appropriate
additional revenue).
11,123 11,123
Solid Waste Capital Fund (596)
Streets and Highways Capital Fund (533)
8 Attachment 5
FY 2021/22 Budget Amendments
Department/Item
Source of
Funds
Use of
Funds Explanation
Transfer in from the General
Fund / Capital Outlay
104,310 104,310 Recognizes a transfer from the General Fund in the amount of $104,310 and increases the Capital
Outlay budget by the same amount to cover the full
replacement costs of a fire engine. An amount of
$710,000 was transferred to the Vehicle
Replacement Fund in the FY 2021/22 January MFR,
but the actual engine cost exceeded the initial
estimate by $104,310. This additional amount will be
funded from the wildland deployment
reimbursements to cover the fire engine
replacement total cost of $814,310. The new engine
will replace a reserve fire engine that was not
previously part of the replacement schedule. The
replacement amortization for this engine has been
incorporated into the FY 22/23 Proposed Operating
Budget (five affirmative Council votes required to
appropriate additional revenue).
104,310 104,310
Vehicle Replacement Fund (050)
9 City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-535 Agenda Date: 5/24/2022
REPORT TO COUNCIL
SUBJECT
Action on a Revenue Agreement with the County of Santa Clara for the Santa Clara Intensive Case Management and Homeless Prevention Program
COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development
BACKGROUND
The City of Santa Clara contracts with the County of Santa Clara to provide services related to reducing homelessness within the City. Most recently, on June 23, 2020, the City Council approved a two-year Revenue Agreement with the County committing $250,000 to provide case management services to chronically homeless individuals through the County’s Care Coordination Project (CCP).
The CCP operates under the leadership of the County’s Office of Supportive Housing, which partners with public and private agencies in coordinating care of the County’s most vulnerable, long-term homeless residents. The Revenue Agreement also included a funding allocation of $150,000 for the County’s Homeless Prevention Program.
The current Agreement with the County for the Santa Clara Intensive Case Management and Homeless Prevention Program (HPP) expires on June 30, 2022.
DISCUSSION
Approval of a new Revenue Agreement with the County of Santa Clara would extend the City’s participation in the Care Coordination Project and Homeless Prevention Program for an additional two years, from July 1, 2022 through June 30, 2024, and provide annual funding to cover the costs for both programs by an amount not to exceed $350,000 over the term of the Agreement. The Agreement would be funded by $220,000 from the City’s Housing Successor Fund and $130,000 from City’s Affordable Housing Fund, consistent with the funding for the original Revenue Agreement.
The Agreement directly contributes toward achievement of the City’s goal of ending homelessness in the City. Through the Revenue Agreement, the County provides housing and case management on an ongoing basis for 20 homeless and chronically homeless individuals that are referred to the County by the City of Santa Clara Police Department’s (SCPD) Community Response Team. The SCPD Community Response Team maintains a list of homeless and chronically homeless people considered to be the City's most vulnerable to incidences of both personal and public safety and makes referrals to the County based on this list.
The Agreement also provides services to the City utilizing County funds. Per the Agreement, the City funds case management services, while the County provides housing subsidies to these 20 individuals at no additional cost to the City. The housing subsidies are “permanent” (e.g., provide City of Santa Clara Page 1 of 3 Printed on 5/19/2022
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22-535 Agenda Date: 5/24/2022
“Permanent Supportive Housing”) as they do not expire unless a participant no longer meets the program eligibility qualifications. Based upon current usage in similar County programs, the estimate of the housing subsidy from the County per year for 20 housing units is approximately $470,000.
To further the goal of ending homelessness in Santa Clara, the Agreement also seeks to prevent homelessness through a funding allocation for the County’s HPP of $50,000 in FY 22/23 and $50,000 in FY 23/24, funded by the City’s Affordable Housing Fund. This program is a countywide initiative to provide eligible households with emergency assistance such as rent, security deposits, food, work related transportation, medical assistance and utilities assistance to prevent homelessness. Eligible households would need to have sufficient household income to maintain housing after receiving emergency assistance. The County estimates that Santa Clara’s contribution to HPP would provide emergency financial assistance to at least 20 households.
Extending the current Agreement will thus provide important services within Santa Clara in a costeffective manner.
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 provides $125,000 per fiscal year for the CPP intensive case manager, and $50,000 per fiscal year for HPP services. The Agreement’s annual total cost is $175,000, totaling $350,000 over the two-year term of the Agreement. If this agreement is approved, funding for this agreement will be recommended in the Fiscal Year 2022/23 operating budget in the City Affordable Housing ($130,000) and Housing Successor Agency ($220,000) Funds, as part of the budget scheduled for adoption on June 21, 2022.
COORDINATION
This report has been coordinated with the Finance Department and the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Approve and authorize the City Manager to execute a Revenue Agreement with the County of Santa Clara for the Santa Clara Intensive Case Management and Homeless Prevention Program for two years not to exceed $350,000.
Reviewed by: Andrew Crabtree, Director of Community Development City of Santa Clara Page 2 of 3 Printed on 5/19/2022
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22-535 Agenda Date: 5/24/2022
Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. County Revenue Agreement Case Management and HPP 2022-2024 City of Santa Clara Page 3 of 3 Printed on 5/19/2022
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Revenue Agreement between the County of Santa Clara through OSH and the City of Santa Clara FY22-24
REVENUE AGREEMENT
BETWEEN THE COUNTY OF SANTA CLARA
AND THE CITY OF SANTA CLARA 2022 - 2024
This Revenue Agreement (the “Agreement”), dated, as of July 1, 2022, (the "Effective Date") is entered into by and between the County of Santa Clara (the “County”), acting by and throughthe Office of Supportive Housing (OSH) and the City of Santa Clara (the “City”), acting by and through the City’s Community Services Department, (individually, a “Party” and, collectively, the “Parties”) in order to provide funding for and establish roles, rights, and responsibilities related to Permanent Supportive Housing (PSH) for chronically homeless individuals and families and Homelessness Prevention (HP) for families, (individually PSH or HP and, collectively “Programs”).
RECITALS
A. WHEREAS, reducing homelessness and meeting the housing needs of individuals who are high utilizers of services is a priority for the County and is aligned with the Community Plan to EndHomelessness;
B. WHEREAS, the County established the Care Coordination Project (CCP) to coordinate, prioritize and deliver permanent supportive housing to Santa Clara County’s most chronically homeless individuals and families;
C. WHEREAS, the City seeks to prioritize permanent supportive housing for chronically homeless individuals who are significantly impacting the City’s neighborhoods and; D. WHEREAS, the City and the County agree to establish a PSH program for approximately unduplicated 20 chronically homeless individuals or families; and HP program that will serve approximately 20 unduplicated clients; and,
E. WHEREAS, the City seeks to leverage County resources and expertise in managing supportive housing programs by allowing the County to manage the Programs; F. WHEREAS, the County and City entered into a prior agreement on July 1, 2020 to partner on a PSH program for chronically homeless individuals and families. This agreement, which was extended through June 30, 2022, is no longer in effect. The Parties wish to continue their relationship by entering into this Agreement;
G. WHEREAS, the City seeks to provide individuals and families who are at imminent risk of becoming homeless with financial assistance in order to prevent homelessness;
Revenue Agreement between the County of Santa Clara through OSH and the City of Santa Clara FY22-24 H. WHEREAS, the City set aside $250,000 over two years to fund intensive case management and other supportive services (the “Services”) that homeless individuals will need in order to obtain and maintain permanent housing and funding of $100,000 for the Homelessness Prevention program;
In consideration of the foregoing Recitals, and the mutual promises and covenants contained in this Agreement, the Parties agree as follows:
I. TERM
This Agreement is effective as of July 1, 2022, and will continue thereafter until June 30, 2024 unless extended by mutual consent or terminated as provided below in Section V.
II. ROLES AND RESPONSIBILITIES
A. The Parties shall each designate a Program Manager to implement the terms of this Agreement and ensure successful implementation of the Programs. The City hereby designates the Director of Community Development or his/her designee. The County hereby designates the Director of Office of Supportive Housing as Program Manager for theCounty.
B. The City shall reimburse the County for expenses associated with the Programs’ Services in an amount not to exceed $125,000 per fiscal year for PSH, which will serve approximately 20 unduplicated Program clients, and an amount not to exceed $100,000 for the HP program, which will serve approximately 20 unduplicated clients.
C. The Programs and Scope of Work are defined in Exhibits A and B to this Agreement; and the Fee Schedule is provided in Exhibit C to this Agreement.
D. The City’s Program Manager shall:
1. Serve as the liaison to the City's departments, Council, and communitygroups;
2. Participate on the committee that will evaluate proposals to provide intensive case management and other support services for PSH and similar programs;
3. Participate in the PSH and HP program management meetings, which will be held as needed;
4. Actively assist the development, management, and refinement of the PSH and HP programs to ensure that the Programs meet their goals;
5. Review and process all invoices from theCounty.
Revenue Agreement between the County of Santa Clara through OSH and the City of Santa Clara FY22-24
6. The City is in a collaborative partnership with the County whereas the Continuum of Care (CoC) Recommendations for Homeless Housing Contracts will be added into any City contracts when directly funding homeless programs. See Exhibit D E. The County shall provide or subcontract for the Programs’ Services. To the maximum extent practicable, the County shall leverage Medi-Cal to offset City-funded Services or to expand Services.
F. The County’s Program Manager shall:
1. Serve as the liaison to County departments;
2. Plan and lead Programs management meetings, which will be held as needed;
3. Lead in the development, management, and refinement of the Programs to ensure that the Programs meet their goals;
4. Review and submit all invoices from the County.
G. The Parties shall work collaboratively to:
1. Establish thePrograms’ referral criteria and procedures;
2. Establish thePrograms’ successandoutcomemeasures;
3. Identify ways and resources that would enable the Programs to more effectively use County-funded rental subsidies, provide interim housing, or provide other support services.
H. The Parties shall jointly convene coordinating meetings with appropriate community-based organizations and stakeholders to ensure the Programs’ success. Meetings will be held monthly or as needed until the Programs reach full capacity.
I. The Parties shall establish regular meetings at which to discuss the performance and progress of the Programs’ contractor(s). When appropriate, the Parties will jointly develop corrective actions to be implemented by the PSH or HP program's contractor(s).
J. The Parties shall jointly monitor the Programs’ expenses and outcomes. Based on the availability of the City's funds in future years and the Programs' outcomes, the Parties will determine whether to continue, expand, contract, or terminate the PSH or HP programs at the end of the Term.
Revenue Agreement between the County of Santa Clara through OSH and the City of Santa Clara FY22-24 IV. MUTUAL INDEMNIFICATION
Each Party agrees to indemnify, defend and hold harmless the other Party from any claim, liability, or loss resulting from the willful, wrongful, or negligent act or omission of the indemnifying Party, its members, officers, directors, trustees, agents or employees for its or their performance or failure to perform the provisions of this Agreement. Each Party shall notify the other Part y, in writing, of any claim of injury or damage related to activities performed pursuant to this Agreement. The Parties shall cooperate with each other in the investigation and disposition of any claim arising out of the activities of this Agreement, provided that nothing shall require either Party to disclose any documents, records, or communications which are protected under the attorney-client privilege or the attorney work product privilege. The provisions of this section shall survive the termination of this Agreement.
V. TERMINATION
Either Party may terminate this Agreement at any time for convenience and without cause, upon providing a ninety-day (90) notice to the other Party at the addresses set forth in section XIII below. The notice shall state the effective date of the termination.
Either Party may terminate this Agreement at any time for cause, upon providing a thirty-day (30) notice to the other Party at the addresses set forth in Section XIII below. The notice shall state the effective date of the termination.
VI. ASSIGNMENT
The expertise and experience of the County is a material consideration for this Agreement.
The County shall not assign or transfer the performance of this Agreement to another entity without the prior written consent of the City. Any attempt by the County to assign its performance of its duties or obligations arising under this Agreement, and any attempt by the City to assign the performance of its duties or obligations arising under this Agreement shall be deemed void.
VII. ASSURANCE
Each Party represents and warrants that it has the authority to enter into this Agreement.
Revenue Agreement between the County of Santa Clara through OSH and the City of Santa Clara FY22-24 VIII. RELATIONSHIP
Nothing contained in this Agreement shall be deemed or construed by the Parties or any third party to create the relationship of partners or joint ventures between the City and the County.
IX. CONFIDENTIALITY
The Parties agree that by virtue of entering into this Agreement they each will have access to certain confidential information regarding the other Party's operations. Each of the Parties shall not disclose confidential information and/or materials without the prior written consent of the other Party, unless such disclosures are required by California law. Where appropriate, resident releases will be secured before confidential resident information is exchanged.
X. ENTIRE AGREEMENT
This instrument contains the entire agreement between the Parties, and no statements, promises or inducements made by either Party or the designated agent of either Party that are not contained in this Agreement shall be valid or binding.
XI. MODIFICATION
This Agreement may not be enlarged, modified, or altered, except if it is evidenced in writing, signed by the Parties and endorsed to this Agreement.
XII. INSURANCE
Each Party shall, at its own expense, keep in force during the Term, Workers’ Compensation Insurance, insuring against and satisfying each Party's obligations and liabilities under the workers' compensation laws of the State of California, including employer's liability insurance in the limits required by the laws of the State of California.
XIII. SEVERABILITY
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in force without being impaired or invalidated in any way.
Revenue Agreement between the County of Santa Clara through OSH and the City of Santa Clara FY22-24 XIV. NOTICES
Notices to the Parties in connection with this Agreement shall be given personally or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties as follows:
COUNTY OF SANTA CLARA
Ky Le
Director of Office of Supportive Housing
2310 N. First Street, Suite 201
San Jose, CA 95131
THE CITY OF SANTA CLARA
Andrew Crabtree
Director of Community Development
1500 Warburton Avenue
Santa Clara, CA 95050
Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated on the date of delivery.
XV. AMENDMENTS
This Agreement may be amended only by a written instrument signed by the Parties.
XVI. WAIVER
No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted by a Partymust be provided, in writing, and shall apply to the specific instance expressly stated.
XVII. GOVERNING LAW andVENUE
This Agreement has been executed and delivered in, and shall be construed and enforced in accordance with, the laws of the State of California. Proper venue for legal action regarding this Agreement shall be in the County of Santa Clara.
XVIII. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument.
Revenue Agreement between the County of Santa Clara through OSH and the City of Santa Clara FY22-24 XIX. NON-DISCRIMINATION
Each Party shall comply with all applicable Federal, State, and local laws and regulations, including the County's policies concerning nondiscrimination and equal opportunity in contracting. Such laws include but are not limited to the following: Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; The Rehabilitation Act of 1973 (Sections 503 and 504); California Fair Employment and Housing Act of 1973 (Government Code sections 12900 et seq.); an California Labor Code Sections 1101 and 1102.
Each Party shall not discriminate against any subcontractor, employee, or applicant for employment because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status in the recruitment, selection for training including apprenticeship, hiring, employment, utilization, promotion, layoff, rates of pay or other forms of compensation. Nor shall a Party discriminate in provision of services provided under this contract because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status.
XX. CONTRACT EXECUTION
Unless otherwise prohibited by law or County policy, the Parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the County.
XXI. THIRD PARTY BENEFICIARIES
This Agreement does not, and is not intended to, confer any rights or remedies upon any person or entity other than the Parties.
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Revenue Agreement between the County of Santa Clara through OSH and the City of Santa Clara FY22-24 INWITNESS WHEREOF, the Parties have caused this Agreement to be entered into as of the day and year of execution of this Agreement.
COUNTYOFSANTA CLARA CITY OF SANTA CLARA
Cindy Chavez, President
Board of Supervisors
Date: ________________________
Signed and certified that a copy of this document
has been delivered by electronic or other means to
the President, Board of Supervisors:
ATTEST
Office of the City Manager
Date: __________________________
APPROVED AS TO FORM AND LEGALITY
Office of the City Attorney
Date: ____________________________
Megan Doyle
Clerk of the Board of Supervisors
Date: ______________________
APPROVED AS TO FORM AND LEGALITY
Tony LoPresti
Assistant County Counsel
Date: _______________________________
Agreement with County of Santa Clara/Scope of Services/Exhibit A Rev. 06/7/2017
AGREEMENT FOR THE PERFORMANCE OF SERVICES
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA
AND
THE COUNTY OF SANTA CLARA
EXHIBIT A 2022 - 2024
Description of PSH Program
City staff has prepared a two-year funding agreement with the County of Santa Clara through the Behavioral Health Services Department (County) to provide funding in the amount of $250,000 ($125,000 in each year) for the provision of case management services to the chronically homeless in the City of Santa Clara through the Care Coordination Project (CCP). CCP is in operation under the leadership of the County, Office of Supportive Housing, in partnership with public and private agencies, charged with coordinating the care of the County's most vulnerable and long-term homeless residents.
The County shall provide housing subsidies to 20 individuals or households who are expected to be served through the City-funded intensive case management. The housing subsidies are “permanent” which means that they do not expire unless the participants no longer meet the program eligibility qualifications. Based upon current usage in similar County programs, the estimate of housing subsidy per year for 20 housing units is approximately $470,000.
The City of Santa Clara Police Department (SCPD) Community Response Team maintains a list of homeless and chronic homeless street people considered to be the City’s most vulnerable to incidences of both personal and public safety. The City is enlisting the services of Contractor (County) to begin working with 20 of the homeless and chronically homeless individuals identified and referred by the SCPD Community Response Team for inclusion in the Care Coordination Project (CCP).
Contractor shall use the funds as follows:
Intensive Case Manager
Contractor will subcontract with a CCP partner organization, a qualified 501 (c) (3) nonprofit corporations (“Subcontractor”), to pay for the salary and related cost of one Intensive Case Manager (ICM). The ICM will work with 20 individuals to help them secure and maintain housing and reduce their dependency on the public safety net. The contracted ICM will be an integral part of the CCP.
The CCP consists of the County as a Project Lead and multiple ICMs charged with coordinating the care of the county’s most vulnerable and long-term homeless residents.
Through agreements with public and private agencies, the CCP brings together all of the services and benefits that its clients need to obtain and maintain housing including drug and alcohol rehabilitation, mental health assistance, and government benefits. While CCP Lead Agreement with County of Santa Clara/Scope of Services/Exhibit A Rev. 06/7/2017
will provide the planning and coordination necessary to secure services for the clients, the ICM will work with the clients on an individual basis to identify and address their needs, and ultimately assist them in obtaining and maintaining housing.
The ICM will maintain active caseloads for the 20 unhoused or newly housed (less than 24 months in housing) clients. The ICM will utilize Standard Coordination Assessment Tools, used by the CCP, to measure their client's progress towards stability and self-sufficiency.
The ICM is expected to be on-call in case of emergency 24/7.
Performance Measures & Units of Service
Proposed total number of unduplicated participants (homeless individuals) to be served:
For purposes of this Agreement, an unduplicated participant shall be defined as a participant who received services at least once a year but whom may not be counted more than once in that year. Contractor shall retain records documenting eligibility. Such records shall include family size, total household income, gender head of household, race, ethnicity, and disability data.
Beginning the effective date of this Service Agreement, Contractor shall contact and provide assistance and housing to a total of 20 unduplicated participants for the term of this Service Agreement. The maximum number of clients per ICM is 20, therefore the maximum number of clients served is 20. ICMs will continue to provide on-going case management to clients after the client is placed in permanent supportive housing. Contractor is responsible for securing the financing and the residential unit that is necessary to house the participants.
Throughout the term of this Service Agreement, Contractor shall provide the following services to participants:
Activity 1: Make contact with unduplicated participant to establish rapport and continue making contact to create a trusted relationship.
Activity 2: House the unduplicated participant within 100 days of initial contact by ICM.
Activity 3: Conduct individualized case management sessions with each unduplicated participant (daily or weekly face to face meeting as determined necessary).
Quarterly performance (QP) measurements to be reported in a format of Contractor’s discretion shall include:
QP measurement 1:
QP measurement 2:
QP measurement 3:
The number of unduplicated participants contacted;
The number of participants placed in housing and the number not housed;
The number of participants that have rescinded their housing or participation in CCP.
Agreement with County of Santa Clara/Scope of Services/Exhibit B Rev.06/7/2017
AGREEMENT FOR THE PERFORMANCE OF SERVICES
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA
AND
THE COUNTY OF SANTA CLARA
EXHIBIT B 2022 - 2024
Description of HP Program
Homeless Prevention Program
A two-year funding agreement with the County of Santa Clara (County) through the Office of Supportive Housing (OSH) has been prepared to provide funding in the amount of $100,000 to provide eligible households with emergency financial assistance in order to prevent homelessness.
1) Service Description and ExpectedOutcome
a) Financial Assistance and Homelessness Prevention
i) Provide eligible households with emergency financial assistance in order to prevent homelessness. Eligible households are individuals or families that:
(1) Are at imminent risk of becoming homeless and have income at or below 80%of Area Median Income and
(2) Have sufficient household income to maintain housing after receiving emergency assistance and
(3) Have a qualifying HPAT score and
(4) Other criteria may be added to the Service Description and Expected Outcome to meet Program's objectives. Amendments can be made via email and/or memorandum and become immediately effective after receiving the Office of Supportive Housing's Program Manager's approval.
ii) Provide emergency financial assistance such as rent, security deposits, food, work- related transportation, medical, utilities to eligible clients. iii) Refer all clients to mainstream programs administered or offered by County departments including Office of Supportive Housing (OSH), Behavioral Health Services Department (BHSD) and Department of Employment and Benefits Services (DEBS).
2) Deliverables, Milestones, Timeline for Performance
a) Contractor shall provide quarterly progress report including program expenditures (actual v. planned), number of clients served, types of service and referrals. b) Contractor shall participate in any programmatic and/or financial audit as requested.
Agreement with County of Santa Clara/Scope of Services/Exhibit B Rev. 06/7/2017
3) Performance Standard
Contractor shall:
a) Use HMIS intake form and record all services in Clarity’s HMIS within one (1) working day.
b) Review, determine, and notify client of their eligibility for emergency financial assistance, and provide funding (if eligible) within 2 working days from the date of application.
c) Provide emergency financial assistance to at least 20 households. d) Demonstrate that at least 85% of the emergency financial assistance recipients retain housing after six, twelve and twenty-four months. Housing retention data will be recorded in HMIS no later than 07/01/2023.
e) Attend meetings with OSH to review client progress, address program issues and make recommendations.
f) Refer all eligible clients to other services beyond emergency financial assistance services.
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Agreement with County of Santa Clara/Fee Schedule/Exhibit C Page 1 of 2 Rev.06/7/2017
AGREEMENT FOR THE PERFORMANCE OF SERVICES
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
THE COUNTY OF SANTA CLARA
EXHIBIT C 2022 - 2024
FEE SCHEDULE
City agrees to reimburse Contractor for the expenses incurred as set forth in this Agreement, but in no event shall the amount billed to City by Contractor for services under this Agreement exceed Three Hundred Fifty Thousand dollars ($350,000.00) based on a funding appropriation of Two Hundred Fifty Thousand dollars ($250,000) for the Santa Clara PSH Program (One Hundred Twenty Five Thousand dollars ($125,000) annually) and one time funding of One Hundred Thousand Dollars ($100,000) for the Homeless Prevention Program, subject to budget appropriations. Such sum shall be expended and paid by City to Contractor on a reimbursement basis for expenses actually incurred and paid by Contractor during the term of this Agreement for the performance measures appearing in Exhibit A and B.
1. Payments to Contractor shall be made within 30 days of:
a. receipt by City of statement in a form approved by City specifying in detail the costs incurred by and paid by Contractor during the month for which payment is requested, and
b. documents evidencing these costs, including but not limited to, paid invoices.
2. The determination by City, in its sole discretion, that expenses for which Contractor seeks reimbursement can properly be paid under this Agreement and such statement(s) and supporting documents reasonably evidencing that the expenses have been incurred and paid by Contractor. In making such determination, City may, but need not, rely upon the certification by Contractor that the items appearing on said statement and supporting documents are eligible items for reimbursement under this Agreement. Such determination by City shall in no way constitute a waiver by City of its right to recover from Contractor the amount of money paid to Contractor on any item which is not eligible for payment under this Agreement.
Expenses eligible for reimbursement shall mean those expenses which are necessary to meet, in part, the housing needs of the very low-, low-, and moderate-income households of the City of Santa Clara within the County of Santa Clara.
Method of Payment based on an Annual Budget of $125,000 for the Santa Clara PSH Program:
Service Total Cost
Intensive Case Manager
(ICM) salary and benefits
$80,000
Operation Costs $35,000
Client Contingency Funds* $10,000
*Client contingency funds can be used for essential needs such as food, identification, transportation, health care, etc.
Method of Payment based on a One-Time Budget of $100,000 for the Homeless Prevention program:
The City shall reimburse the County for emergency financial aid (defined as actual emergency Financial Aid disbursement) that it provides to City of Santa Clara residents, not to exceed $100,000 for the following costs:
1.. Emergency Financial aid is defined as: actual emergency Financial Aid disbursement. Documentation of client's eligibility and record of financial aid payment is required.
2. Administrative Overheard is defined as: 10% of quarterly expenses associated with 1. above, up to the maximum amount budget.
Agreement with County of Santa Clara/Fee Schedule/Exhibit C Page 2 of 2 Rev.06/7/2017
HomeBase I Advancing Solutions to Homelessness 2
AGREEMENT FOR THE PERFORMANCE OF SERVICES
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
THE COUNTY OF SANTA CLARA
EXHIBIT D 2022 - 2024
RECOMMENDATIONS FOR HOMELESS
HOUSING CONTRACTS
Santa Clara County Continuum of Care (CoC) Participation As a provider of housing and/or services for persons experiencing or at risk of homelessness, [AGENCY] agrees to participate as an active member in the CoC and abide by the CoC's Quality Assurance Standards. In particular, [AGENCY] shall:
(a) Send representative(s) to CoC Membership meetings, including semi-annual General Membership meetings and relevant CoC Workgroups. (b) Subscribe to and participate in the CoC's email listservs applicable to [AGENCY]. (c) Participate in Santa Clara County's Homeless Management Information System (HMIS), including and not limited to promptly and accurately entering data into HMIS consistent with HUD and County standards for program type and funding source and including the followingelements:
(i) Workflow,
(ii) Housing Inventory.
(1.1) (AGENCY] shall report changes in housing inventory capacity to the HMIS System Administrator and County of Santa Clara Office of Supportive Housing. (d) Ensure all programs and services that receive funds by and through this [AGREEMENT] participate in the Santa Clara County Coordinated Entry System (CES) if CES is available for the program or service type, including:
(i) All Permanent Supportive Housing (PSH), Rapid Rehousing (RRH} - including Tenant Based Rental Assistance (TBRA) programs operating like RRH - and Homeless Prevention (HP) vacancies shall be filled through theCES;
(ii) Specific parameters for eligibility or preference may be aligned with program funding requirements where applicable; and
(iii) Compliance with written CES Policies and Procedures. (e) Employ the CES standard assessment tool (currently the VI-SPDAT) for all programs serving as a CES access point, promptly enter resulting scores into HMIS (or the equivalent confidential system for victim service providers), and otherwise conduct assessments according to CES Policies andProcedures.
HomeBase I Advancing Solutions to Homelessness 2
(f) Achieve outcomes consistent with or exceeding the community benchmarks that shall be established by the CoC's Performance Management Work Group for the program type, including but not limited to:
(i) Percentage of exits to permanent housing destinations. (ii) Percentage of adults increasing non-employment income from program entry to program exit,
(iii) Percentage of adults increasing total cash income from program entry to program exit,
(iv)Percentage of housed individuals (including children) enrolled in health insurance, and (v) Maximum percentage of individuals that return to homelessness after exiting the program to a permanent housing destination.
(g) Ensure all programs that receive funds by and through this [AGREEMENT] expressly provide in written policies that applicants for assistance are not screened out based on the following criteria:
(i) Having too little or no income;
(ii) Active, or history of, substance use or a substance use disorder; (iii) Having a criminal record (with exceptions for state-mandated restrictions); and (iv) History of domestic violence (e.g., lack of a protective order, period of separation from abuser, or law enforcement involvement).
(h) Ensure all programs that receive funds by and through this [AGREEMENT] expressly provide in written policies that participants are not terminated from the program for the following reasons:
(i) Failure to participate in supportive services,
(ii) Failure to make progress on a service plan,
(iii) Loss of income or failure to improve income,
(iv) Being a victim of domestic violence, and
(v) Any other activity not covered in a lease agreement typically found in the project's geographic area.
(i) Comply with all other relevant provisions of the CoC's Quality Assurance Standards that apply to [AGENCY] or its programs.
(i)
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-568 Agenda Date: 5/24/2022
REPORT TO COUNCIL
SUBJECT
Action on Agreement with TruePoint Solutions, LLC for Professional Services to Support the Accela Permitting System
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services
BACKGROUND
In 2018, the City of Santa Clara (City) procured the Accela Permitting System to manage and modernize its permitting, code enforcement, and invoicing activities. In the same year, the City Council approved an Agreement with TruePoint Solutions, LLC (TruePoint) to configure and implement the permitting system (2018 Agreement). In August 2021, the system went online and is currently used by staff in the Community Development, Finance, Water and Sewer, Police, Fire, Public Works, Parks and Recreation, Silicon Valley Power, and Information Technology Departments.
The Community Development Department (CDD), as the primary user of the system, is responsible for the Accela Permitting System. CDD researched and collaborated with other jurisdictions also using Accela to determine the best approach for the provision of support services after system implementation. Based on this research, CDD identified the need to have a full-time employee, who was recently onboarded in April 2022, to support CDD technology needs, including the Accela platform, and hire a third-party consultant, such as TruePoint, to provide advanced technical services and support.
The 2018 Agreement will end on June 30, 2022, with an option to extend the Agreement for one additional year through June 30, 2023. Rather than extend the Agreement, it was determined that a new Agreement was the best approach to address the City’s needs for technical services and support and continued efforts to improve efficiencies and services to customers.
The City has made considerable investments into the Accela Permitting System since 2018 and ongoing technical support from TruePoint is critical to ensure the continuity of this service.
The purpose of this report is to request authorization to enter into a new Agreement to continue using TruePoint for ongoing technical services and support.
DISCUSSION
This recommendation is pursuant to City Code Section 2.105.330(e)(2) which states competitive proposals are not required where the service or personnel is unique. TruePoint was selected in 2018 after a competitive RFQ process, and under the 2018 Agreement, TruePoint built out the Accela Permitting System after working with staff to create the appropriate solution architect for the City.
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Therefore, TruePoint is able to shift from providing implementation services to support services with little effort, which, in turn, saves the City time and money. Hiring a new consultant would require significant time and ramp up effort to understand the City’s permitting process and unique system configurations.
Staff is requesting authority to execute a Master Agreement with TruePoint to be used citywide. The Master Agreement will have two major components as follows:
1) Ad-Hoc Services
City departments can contact TruePoint directly for help with minor system errors and changes.
TruePoint is authorized to provide up to 10 hours per week of ad-hoc services without prior written approval from the City. Ad-hoc services will be funded by CDD and is included in CDD’s not-toexceed amount in Table 1 below. 2) Task Orders
Services to upgrade, update, or enhance the system, such as creating workflows, updating permitting fee tables, and customizing performance activity reports, will be issued via individual task orders with payments tied to specific deliverables.
The term of the proposed agreement is two years starting on July 1, 2022 and ending on June 30, 2024. During the two-year term, individual task orders (included in the Agreement as Exhibit D) will be issued for projects as they are identified, scoped, and funding is secured by each department, subject to the not-to-exceed amounts listed in Table 1 below.
Table 1
Department Estimated Amount
Community Development $330,000a
Police Department $100,000
Fire Department $156,000b
Finance $100,000
Water & Sewer Utilities $100,000
Public Works $100,000
Parks and Recreation $100,000
Silicon Valley Power $100,000
Maximum Compensation $1,086,000 a The amount of $330,000 includes ad-hoc services and task orders funded and issued by CDD. b Under the 2018 Agreement, a project deliverable for the Fire Department has not been completed. The not-to-exceed amount of $156,000 includes the $56,000 for the Fire Department to continue with the project under the new agreement.
TruePoint will be paid on a time and material basis in accordance with the rates established in the Agreement. The rates under the Agreement are consistent with the rates previously paid by the City, and are the same rates published on the General Services Administration (GSA) and the California Multiple Award Schedules (CMAS) schedules for their contracts with TruePoint. Therefore, staff determined that TruePoint’s pricing is fair and reasonable.
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Before the contract reaches its end of term, staff will evaluate options and make a determination about renewing the terms with TruePoint or conducting a competitive process.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
Based upon the estimate for the proposed services between the City and TruePoint, the maximum compensation of $330,000 for the Community Development Department is requested with this Agreement. Full funding for the $330,000 line item is available in the Community Development Department’s Permit Information System project in the General Government Capital Fund and there shall be no impact to the City’s General Fund.
As mentioned in Table 1, $56,000 was previously approved through the budget approval process for in the Fire Department Accela Implementation project in the Fire Department Capital Fund, resulting in their not-to-exceed amount of $156,000. If the other departments identified in Table 1 require any additional services as part of this agreement, it is anticipated that they will absorb the cost within their existing budget.
COORDINATION
CDD coordinated this report with the Information Technology Department, Finance Department, Fire Department, and the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
1. Authorize the City Manager to execute a Master Agreement with TruePoint Solutions, LLC to provide software support services for the Accela Permitting System, for a two-year term beginning on July 1, 2022 and ending on June 30, 2024, with maximum compensation not to exceed $1,086,000, subject to the appropriation of funds; and
2. Authorize the City Manager to extend the Master Agreement one additional year through June 30, 2025, subject to the appropriation of funds.
Reviewed by: Andrew Crabtree, Director, Community Development Department Approved by: Rajeev Batra, City Manager
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ATTACHMENTS
1. Agreement with TruePoint Solutions, LLC
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Agreement with TruePoint Solutions Page 1 of 17
Rev. 07-01-18
EBIX Insurance No.S200003778
AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
TRUEPOINT SOLUTIONS, LLC
PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and TruePointSolutions, LLC, a California limited liability company (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
A. City desires to secure the services more fully described in this Agreement, at Exhibit A, entitled “Scope of Services”;
B. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.
The Parties agree as follows:
AGREEMENT TERMS AND CONDITIONS
1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Contractor shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:
Exhibit A – Scope of Services
Exhibit B – Schedule of Fees
Exhibit C – Insurance Requirements
Exhibit D – Sample Task Order Form
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, Agreement with TruePoint Solutions Page 2 of 17
Rev. 07-01-18
whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.
2. TERM OF AGREEMENT
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 July 1, 2022 and terminate on June 30, 2024.
3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Contractor shall perform those Services specified in Exhibit A within the time stated in Exhibit A. Time is of the essence.
4. WARRANTY
Contractor expressly warrants that all materials and services covered by this Agreement shall be fit for the purpose intended, shall be free from defect and shall conform to the specifications, requirements and instructions upon which this Agreement is based. Contractor agrees to promptly replace or correct any incomplete, inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Contractor. If Contractor fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Contractor for the cost incurred by City.
5. QUALIFICATIONS OF CONTRACTOR -STANDARD OF CARE
Contractor represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Contractor’s representations regarding its skills and knowledge. Contractor shall perform such Services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.
6. COMPENSATION AND PAYMENT
In consideration for Contractor’s complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled “SCHEDULE OF FEES.” The maximum compensation of this Agreement is set forth in Section 1 of Exhibit B, subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Contractor’s expense. Contractor shall not Agreement with TruePoint Solutions Page 3 of 17
Rev. 07-01-18
be entitled to any payment above the maximum compensation under any circumstance.
7. TERMINATION
A. Termination for Convenience. City shall have the right to terminate this Agreement, without cause or penalty, by giving not less than Thirty (30) days’ prior written notice to Contractor.
B. Termination for Default. If Contractor fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice to Contractor.
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.
8. ASSIGNMENT AND SUBCONTRACTING
City and Contractor bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Contractor shall not hire subcontractors without express written permission from City.
Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it.
9. NO THIRD PARTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.
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.
11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed Agreement with TruePoint Solutions Page 4 of 17
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or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor or becomes generally known to the related industry shall be deemed confidential.
12. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Contractor may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.
13. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement, including termination of Contractor. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Contractor shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.
Contractor shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Contractor agrees 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 Agreement with TruePoint Solutions Page 5 of 17
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arising from, or alleged to arise in whole or in part from, or in any way connected with the Services performed by Contractor pursuant to this Agreement – including claims of any kind by Contractor’s employees or persons contracting with Contractor to perform any portion of the Scope of Services – and shall expressly include passive or active negligence by City connected with the Services. However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.
B. Contractor’s obligation to protect, defend, indemnify, and hold harmless in full City and City’s employees, shall specifically extend to any and all employment-related claims of any type brought by employees, contractors, subcontractors or other agents of Contractor, against City (either alone, or jointly with Contractor), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.
C. To the extent Contractor is obligated to provide health insurance coverage to its employees pursuant to the Affordable Care Act (“Act”) and/or any other similar federal or state law, Contractor warrants that it is meeting its obligations under the Act and will fully indemnify and hold harmless City for any penalties, fines, adverse rulings, or tax payments associated with Contractor’s responsibilities under the Act.
15. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Contractor shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.
16. WAIVER
Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City’s review, acceptance nor payments for any of the Services required under this Agreement 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.
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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: Community Development Department
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected]
And to Contractor addressed as follows:
TruePoint Solutions LLC
3262 Penryn Road, Suite 100-B
Loomis, CA 95650
and by e-mail at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.
An e-mail transmitted after 1:00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.
18. COMPLIANCE WITH LAWS
Contractor shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to “The Code of the City of Santa Clara, California” (“SCCC”). In particular, Contractor’s attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Contractor has read and agrees to comply with City’s Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299).
19. CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 and Agreement with TruePoint Solutions Page 7 of 17
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following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.
20. FAIR EMPLOYMENT
Contractor shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
21. NO USE OF CITY NAME OR EMBLEM
Contractor shall not use City’s name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.
22. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.
23. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.
24. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.
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25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated:
Office of the City Attorney
City of Santa Clara Rajeev Batra, City Manager
City of Santa Clara
1500 Warburton Avenue Santa
Clara, CA 95050 Telephone:(408)
615-2210 Fax: (408) 241-6771
“CITY”
TRUEPOINT SOLUTIONS LLC
a California limited liability company
Dated:
By (Signature):
Name: Kent Johnson
Title: Chief Executive Officer
Principal Place of
Business Address:
3262 Penryn Road, Suite 100-B
Loomis, CA 95650
Email Address: [email protected]
Telephone: (916) 259-1293 ext 202
Fax: (916) 256-1975
“CONTRACTOR”
April 26, 2022
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EXHIBIT A
SCOPE OF SERVICES
1. INTRODUCTION
Under this agreement, Contractor shall provide professional services as required by the City to support the Accela Permitting System.
2. CONTRACT ADMINISTRATOR
Contractor will be managed by a member of the Community Development Department staff, serving in the capacity of a Contract Administrator. The Contract Administrator will be the primary point of contact for communication between the City and Contractor.
3. AD-HOC SERVICES
3.1. Contractor shall respond to request from City staff for certain ad hoc services.
Ad hoc services are services for general tasks which there are not any specifications or deliverables specified for such services. Ad hoc services are minor fixes or updates to the System to resolve system/business process issues.
3.2. Ad hoc services shall be considered accepted as they are performed.
3.3. Contractor is authorized to provide up to ten (10) hours of ad hoc services per week without prior approval. Contractor shall immediately notify the Contract Administrator and obtain written approval if the hours will be exceeded.
4. TASK ORDERS
4.1. For services where there are specifications or deliverables, Contractor shall provide such services pursuant to individual task orders (“Task Orders”). Each Task Order shall be substantially in the form specified in Exhibit D. Subject to the terms and conditions of this Agreement, the parties will negotiate the specific requirements of each Task Order.
4.2. The City will not compensate Contractor for any work until the City has executed the Task Order for such work (“Approved Task Order”).
4.3. The Task Order must be approved by Contractor, the Contract Administrator, the City’s Project Manager, and the Department Director.
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EXHIBIT B
SCHEDULE OF FEES
1. MAXIMUM COMPENSATION
The maximum compensation the City will pay Contractor for all professional fees, costs and expenses provided under this Agreement shall not exceed the amounts set forth in the table below for each City Department. Any additional professional fees, costs and expenses requested by the City that would exceed the amounts below will require an Amendment to this Agreement.
City Department Note Maximum Compensation
Community Development See notes 1 and 2 $330,000
Fire Department See note 2 $156,000
Police Department See note 2 $100,000
Finance See note 2 $100,000
Water & Sewer Utilities See note 2 $100,000
Public Works See note 2 $100,000
Parks and Recreation See note 2 $100,000
Silicon Valley Power See note 2 $100,000
Notes:
1. Ad-hoc services (as described in Section 3 of Exhibit A) will be funded by the Community Development Department.
2. Task orders (as described in Section 4 of Exhibit A) will be issued for projects as they are identified, scoped, and funded by each department.
2. PROFESSIONAL SERVICES FEES
2.1. Contractor shall provide the services as described in Exhibit A on a time and material basis at the following rates:
Staff Hourly Rate
Project Manager $157.93
Trainer $157.93
Web Consultant $157.93
Business Analyst $143.58
Technical Consultant $134.01
Report Development Consultant $134.01
2.2. Contractor shall work the hours required and authorized by the City.
Contractor will not be entitled to receive any compensation for work not authorized by the City.
2.3. Contractor shall not be reimbursed by City for expenses and shall not be paid for travel time.
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3. INVOICING
3.1. For task orders, Contractor will base its invoice on the payment schedule set forth in the Approved Task Order.
3.2. For ad-hoc services, Contractor will base its invoice on the hours and professional fees associated with the services completed during the invoice period.
3.3. City will pay Contractor within thirty (30) days of City’s receipt of an approved invoice.
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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:
$1,000,000 Each Occurrence
$2,000,000 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 Office form CA 00 01. Liability coverage shall apply to all owned (if any), non-owned and hired autos.
Agreement with TruePoint Solutions Page 13 of 17
Rev. 07-01-18
C. WORKERS’ COMPENSATION
1. Workers’ Compensation Insurance Policy as required by statute and employer’s liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.
2. The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers’ Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).
3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.
D. PROFESSIONAL LIABILITY
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Contractor. Covered services as designated in the policy must specifically include work performed under this agreement. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per claim or two million dollars ($2,000,000) aggregate. Any coverage containing a deductible or self-retention must first be approved in writing by the City Attorney’s Office.
E. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.
1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor’s work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85, or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.
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.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to nonpayment 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 TruePoint Solutions Page 14 of 17
Rev. 07-01-18
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 nonrenewal. 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 nonrenewal, 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 City all certificates and endorsements for the Agreement with TruePoint Solutions Page 15 of 17
Rev. 07-01-18
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 e-mailed to [email protected].
Or by mail to:
EBIX Inc.
City of Santa Clara – Community Development Department
P.O. Box 100085 – S2
Duluth, GA 30096
Telephone number: 951-766-2280
Fax number: 770-325-0409
I. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.
Agreement with TruePoint Solutions Page 16 of 17
Rev. 07-01-18
EXHIBIT D
SAMPLE TASK ORDER FORM
This Task Order is issued by the City of Santa Clara to the contractor listed below. This Task Order shall constitute a binding legal contract between the City and Contractor pursuant to the terms of the Agreement referenced below. In the event of any inconsistency between this Task Order and the Terms and Conditions of the Agreement, the Terms and Conditions of the Agreement shall govern and control.
PART A: GENERAL INFORMATION
Task Order No.: Original
First Revised
Second Revised
Other Contract No.
Contractor Name/Address:
Master Agreement Name:
Expiration Date of Agreement:
Contractor’s Project Manager:
Name: Email:
City’s Project Manager
Name: Email:
Period of Performance for this
Task Order:
Start Date: Expected Completion Date:
Maximum Task Order Compensation:
Sufficient funds are available in Fund #:
(to be completed by City)
Contractor Name [Print]:
Signature:
Date:
City’s Project Manager Name [Print]:
Signature:
Date:
City’s Department Director Name [Print]:
Signature:
Date:
City’s Contract Administrator Name [Print]:
Signature:
Date:
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Rev. 07-01-18
PART B: SERVICES TO BE PERFORMED FOR TASK ORDER
1. REVISED TASK ORDER
No
If yes, provide a brief description of the change(s).
2. SCOPE OF WORK TO BE PERFORMED
The Contractor shall perform the service(s) described below in accordance with all of the Terms and Conditions of the Agreement. (Insert a detailed scope of work below or attach as a separate file.)
3. COMPENSATION
a. Basis of Compensation: Time & Materials Fixed Fee
b. Reimbursable Expenses:
No expenses are reimbursable.
Expenses are separately reimbursable in the maximum amount of:
c. Payment Schedule: Monthly Completion of Deliverable/Milestone Completion of Work
d. Payment Terms. Provide payment terms below or attach as a separate file.
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-115 Agenda Date: 5/24/2022
REPORT TO COUNCIL
SUBJECT
Action on Award of Contract for the Montague Park Rehabilitation Project (CE 19-20-04) to Robert A Bothman Construction and Related Budget Amendment
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure and Enhance Community Sports, Recreational and Arts Assets
BACKGROUND
On August 29, 2017, Council approved an Agreement for Design Professional Services with Gates & Associates Landscape Architecture, Inc. (Gates & Associates) for the Montague Park Rehabilitation Project (Project). On June 25, 2019, Council approved the Montague Park and Playground Schematic Design Update and Ordinance No. 2002 in accordance with City Charter Section 714.1 for the Project.
Following Council’s approval of the schematic design, Gates & Associates prepared bid documents (plans, specifications, and engineer’s estimate) for public works bidding of the Project. The Project includes all elements identified during the community input process and shown in the Council approved schematic design, which consists of a new play area providing age-appropriate play structures for ages 2-5 and 6-12, group picnic areas, fitness areas, a half-size basketball court, walkways and hardscape area including both non-pervious and pervious paving materials, preservation of existing meadows and trees, site furnishings, landscaping and irrigation system. The Project also includes renovation of an existing community building to add a restroom, kitchen, and storage facility.
DISCUSSION
In February 2022, a competitive request for bids was published on the City’s bid notification system, BidSync, for construction of the Project. On March 23, 2022, bids for the Project were opened via video conference. Two bids were received, one from Jamestown Advanced Products and one from Robert A Bothman Construction in the amounts of $18,313.36 and $5,634,785, respectively. The Bid Summary is included as Attachment No. 1.
The apparent low bidder, Jamestown Advanced Products (JP), submitted a bid which looked like a supplier’s proposal. The bid package was missing many documents including the required City bid form. Therefore, the bid submitted by JP did not meet the minimum bid requirements and was deemed non-responsive. The bid submitted by the second apparent low bidder, Robert A Bothman Construction, in the amount of $5,634,785, is the lowest responsive bid. The bid is 37.3 percent above the Engineer’s Estimate of $4,104,795.
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22-115 Agenda Date: 5/24/2022
The bid was prepared in a competitive environment with multiple contractors attending the pre-bid conference, therefore, the bid price reflects the current market condition and pricing. Several factors could have contributed to the bid being higher than the engineer’s estimate. Regionally, there has been an upward trend in industry pricing for some construction components with materials being more expensive and taking longer to obtain. Furthermore, due to COVID-19, there have been more requirements for employers to follow and impacts to the labor force due to worker exposure or testing positive. The project architect, Gates & Associates, has also reviewed and evaluated the bids. Both staff and Gates & Associates recommend awarding the contract as there is no guarantee that rebidding the Project will produce additional bidders or a substantially lower bid result. Additionally, rebidding the Project will delay the start of construction.
Robert A Bothman Construction’s bid was reviewed by DPW staff and the City Attorney’s Office for compliance with the terms and conditions of the bid documents and has been determined to be a responsive and responsible bid. Staff recommends awarding the construction contract to Robert A Bothman Construction.
Award of contract will enable construction of the Project to begin in summer 2022, with substantial completion anticipated by fall 2023. These dates are subject to change based on the latest issues related to the COVID-19 pandemic and if any unforeseen conditions are discovered during construction. The contract includes prevailing wage requirements.
ENVIRONMENTAL REVIEW
This project being considered is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15302 (c), Replacement or Reconstruction, because the proposal consists of the replacement or reconstruction of existing facilities involving negligible or no expansion of capacity.
FISCAL IMPACT
The Capital Improvement Program Montague Park Enhancement Project (#3184) has a current FY 2021/22 budget of $3,892,940 to rehabilitate existing playground equipment, concrete pathway, turf, landscaping, community building, and other site furnishings and amenities. The approved schematic design (RTC 19-302) included additional improvements based on community input (building expansion, a new half-size basketball court, and new inclusive fitness area), which were not included in the original project budget, and will need additional funding to complete the project.
The current total project cost is $6,896,480, based on the approved schematic design which includes community desired scope items and a 37.3 percent construction cost escalation over Engineering Estimates. The total not-to-exceed construction contract amount of $6,198,264 includes $5,634,785 for construction and $563,479 for a 10 percent construction contingency for potential change orders.
Construction accounts for approximately 90 percent of the total Project funding. Using Mitigation Fee Act funds, the recommended budget amendment will increase the Montague Park Enhancement Project budget by $3,003,540, for a total budget of $6,896,480.
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22-115 Agenda Date: 5/24/2022
Budget Amendment
FY 2021/22
Parks and Recreation Capital Fund Current Increase/
(Decrease)
Revised
Fund Balance
Mitigation Fee Act $6,166,105 ($3,003,540) $3,162,565
Expenditures
Montague Park Enhancement (CIP # 3184) $3,892,940 $3,003,540 $6,896,480
COORDINATION
This report has been coordinated with the Parks & Recreation Department, the Finance Department, and City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
1. Award the Public Works Contract for the Montague Park Rehabilitation Project (CE 19-20-04) to the lowest responsive and responsible bidder, Robert A Bothman Construction, in the amount of $5,634,785 and authorize the City Manager or Designee to execute any and all documents associated with, and necessary for the award, completion, and acceptance of this Project;
2. Authorize the City Manager or Designee to execute change orders up to approximately 10 percent of the original contract price, or $563,479, for a total not to exceed amount of $6,198,264; and
3. Approve the following FY 2021/22 budget amendment to increase the Montague Park Enhancement project appropriation by $3,003,540 (from $3,892,940 to $6,896,480) and decrease the Parks and Recreation Capital Fund Mitigation Fee Act fund balance by the same amount (five affirmative Council votes required for the use of unused balances).
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. Bid Summary
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City of Santa Clara
Attachment No. 1
Bid Summary
22-115
REPORT TO COUNCIL
SUBJECT
Action on Award of Contract for the Montague Park Rehabilitation Project (CE 19-20-04)
BID SUMMARY Bid Opening Date: March 23, 2022
ENGINEER’S ESTIMATE: $ 4,104,795
Contractor Total Bid ($) Percentage above/below
Engineer’s Estimate
Jamestown Advanced Products $18,313.36 -99.6%
Robert A Bothman Construction $5,634,785.00 37.3%
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-488 Agenda Date: 5/24/2022
REPORT TO COUNCIL
SUBJECT
Action on Amendment No. 3 to the Agreement with HouseKeys Inc. for Administration Services for the City’s Affordable Rental Program
COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development
BACKGROUND
The City of Santa Clara is committed to promoting and pursuing the availability of affordable housing to moderate, low, very-low and extremely-low income households. Adoption of the City’s Affordable Housing Ordinance in 2018 provided a key tool to help achieve this objective. Along with other provisions, the Affordable Housing Ordinance establishes an inclusionary requirement for new rental residential development projects.
Specifically, the Affordable Housing Ordinance requires residential rental projects of ten (10) or more units to provide at least fifteen percent (15%) of the units at affordable rental prices to extremely-low, very-low, low, and moderate-income households. These units are required to remain a part of the City’s Affordable Housing Rental Program for 55 years.
The City also has an existing portfolio of designated affordable rental housing units. These units were developed through various means including use of former Redevelopment Agency (RDA) funds as well as Home Investment Partnerships Program (HOME) funds. The City will be implementing new policies and procedures to certify the eligibility of prospective tenants, as well as coordinating with project owners, developers and property management companies to ensure program compliance.
The City also should conduct an annual compliance review for consistency with the City’s affordable housing program policies. Ongoing implementation of the Affordable Housing Ordinance inclusionary requirement, as well as the development of new affordable housing projects, will produce a continuous stream of new, affordable, rental units being added to the City’s inventory.
In April 2019, the City conducted a competitive Request for Proposal process for administration services for the City’s Affordable Rental Program. Through this process, HouseKeys Inc. was selected and awarded a one-year agreement with two one-year options, approved by Council on September 24, 2019. Subsequently, Council approved Amendments No. 1 on August 18, 2020, and No. 2 on July 13, 2021, respectively.
DISCUSSION
HouseKeys Inc. was created in April 2015 in response to the void left by the closing of several Silicon Valley nonprofit housing, lending and counseling service providers. HouseKeys Inc. currently administers similar programs for the cities of Morgan Hill, Campbell, Burlingame and Gilroy and has a City of Santa Clara Page 1 of 3 Printed on 5/19/2022
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22-488 Agenda Date: 5/24/2022
proven record of successfully developing and managing affordable rental housing programs.
HouseKeys Inc. staff includes a diverse team of program administration specialists, software engineers, data scientists and real estate professionals with a focus on building a program administration model driven by data, expertise, service, and technology. Over the last ten years, HouseKeys Inc. staff has completed nearly 1,000 program for-sale transactions and managed a broad portfolio of multi-family rental units during initial new construction lease-up, annual compliance and tenant turnover. In addition to the primary entity, the HouseKeys Inc. team formed the nonprofit agency, HouseKeys Inc. Resource & Education Center Inc., which obtained federal tax-exempt status in summer 2017.
The current agreement will expire on June 30, 2022. Staff recommends amending the existing agreement by extending the term through June 30, 2024. HouseKeys Inc. has demonstrated its ability to successfully deliver services as described in the agreement. Approval of Amendment No.3 will allow for continuous delivery of services for the City’s Affordable Rental Program.
The maximum compensation under the current agreement is $543,000. Amendment No. 3 increases the maximum compensation by $332,000 for a revised not-to-exceed maximum compensation of $875,000, subject to the appropriation of funds. The administration services compensation is $156,000 per year ($332,000 for two years) and should the City require services for special projects, there is an amount of $10,000 per year ($20,000 for two years) included in the revised not-to exceed maximum compensation to pay for additional hours to be charged at an hourly rate.
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 current total cost of the Agreement for Services with HouseKeys Inc. for Administration of the City’s Affordable Rental Program shall not exceed $332,000 over a two-year period subject to budget appropriations. This agreement provides for an ongoing monthly fee of $13,000 for program administration not to exceed $156,000 per year and $20,000 for special projects.
If the extension is approved, funding for this agreement will be recommended in the Fiscal Year 2022/23 operating budget in the City’s Affordable Housing and Housing Successor Agency Funds, as part of the budget adoption on June 21, 2022.
COORDINATION
This report was coordinated with the City Attorney’s Office and Finance Department.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
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22-488 Agenda Date: 5/24/2022
RECOMMENDATION
1. Authorize the City Manager to execute Amendment No. 3 to the Agreement with HouseKeys Inc. for Administration Services for the City’s Affordable Rental Program to increase the amount of the agreement by $332,000 and to extend the term of the agreement through June 30, 2024 for a revised not-to-exceed maximum compensation of $875,000, subject to the appropriation of funds; and
2. Authorize the City Manager to execute all related documents for the provision of administrative services for the Affordable Rental Program.
Reviewed by: Andrew Crabtree, Director of Community Development Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. HouseKeys Inc. Agreement and RTC
2. Amendment No. 1 and RTC
3. Amendment No. 2 and RTC
4. Amendment No. 3 with HouseKeys Inc.
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
19-937 Agenda Date: 9/24/2019
REPORT TO COUNCIL
SUBJECT
Action on an Agreement for Services with HouseKeys Inc. for Administration of the City’s Affordable Rental Program
BACKGROUND
The City of Santa Clara is committed to ensuring availability of affordable housing to moderate, low, very-low and extremely-low income households. Adoption of the City’s Affordable Housing Ordinance in 2018 provided a key tool to help achieve this objective. Along with other provisions, the Affordable Housing Ordinance establishes an inclusionary requirement for new rental residential development projects.
Specifically, the Affordable Housing Ordinance requires residential rental projects of ten (10) or more units to provide at least fifteen percent (15%) of the units at affordable rental prices to extremely low, very low, low- and moderate-income households. These units are required to remain a part of the City’s Affordable Housing Rental Program for fifty-five (55) years.
The City also has an existing portfolio of designated affordable rental housing units. These units were developed through various means including use of former Redevelopment Agency (RDA) funds as well as Home Investment Partnerships Program (HOME) funds. The City will be implementing new policies and procedures to certify the eligibility of prospective tenants, as well as coordinating with project owners, developers and property management companies to ensure program compliance.
The City also should conduct annual compliance review for consistency with the City’s affordable housing program policies. On-going implementation of the Affordable Housing Ordinance inclusionary requirement, as well as the development of new affordable housing projects, will produce a continuous stream of new affordable rental units being added to the City’s inventory.
Because the City does not currently have staff allocated to perform monitoring at this scale, the City decided to seek a consultant who could perform the necessary compliance monitoring. On April 29, 2019, the City issued a Request for Proposals (RFP) for administration of the City’s Affordable Rental Program. Proposals were due on May 24, 2019.
DISCUSSION
Through the RFP process, the Housing Division staff selected HouseKeys, Inc. to administer the City’s Affordable Rental Program. HouseKeys was created in April of 2015 in response to the void left by the closing of several Silicon Valley nonprofit housing, lending and counseling service providers.
HouseKeys currently administers similar programs for the cities of Morgan Hill, Campbell, Burlingame and Gilroy and has a proven record of successfully developing and managing affordable rental housing programs. HouseKeys staff includes a diverse team of program administration specialists, software engineers, data scientists and real estate professionals with a focus on building a program City of Santa Clara Page 1 of 3 Printed on 4/27/2022
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19-937 Agenda Date: 9/24/2019
administration model driven by data, expertise, service, and technology. Over the last ten years, at various employers, HouseKeys staff has completed nearly 1,000 program for-sale transactions and managed a broad portfolio of multi-family rental units during initial new construction lease-up, annual compliance and tenant turnover. In addition to the primary entity, the HouseKeys team formed the nonprofit agency, HouseKeys Resource & Education Center Inc. (Tax I.D. 81-2880185) which obtained federal tax-exempt status in the summer of 2017. Based upon these qualifications, staff is proposing that the City enter into an Agreement with HouseKeys to administer compliance monitoring of the City’s inventory of affordable rental housing units.
Under the proposed Agreement, HouseKeys will conduct day-to-day management of the program as well as introduce new program operation materials needed to strengthen the City’s ability to administer and maintain its Affordable Rental Program. HouseKeys is also proposing to provide and utilize a technology solution that will allow for streamlined, web-based communication between the City, the administrator, existing and prospective tenants and property managers.
HouseKeys has demonstrated its ability to successfully deliver services as described in the Agreement for the delivery of this important City service. Therefore, staff recommends that the Council approve the proposed Agreement for Services with HouseKeys Inc for Administration of the City’s Affordable Rental Program.
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 total cost of the Agreement for Services with HouseKeys Inc. for Administration of the City’s Affordable Rental Program shall not exceed $211,000 over a one-year period subject to budget appropriations. This agreement provides for a one-time onboarding of $55,000 to organize, digitize and audit all the City’s past affordable housing documents as well as an ongoing monthly fee of $13,000 for program administration of the new development pipeline.
Funding for this agreement was included as part of the Fiscal Year 2019/20 and 2020/21 Biennial Operating Budget in the City’s Affordable Housing and Housing Successor Agency Funds. The amount included in the Budget was $150,000 - $75,000 in each fund. An additional $61,000 appropriation is needed to cover the one-time onboarding fee in FY 2019/20.
The budget amendment below allocates funding from the City’s Affordable Housing Fund Ending Fund balance and the Housing Successor Agency Fund Ending Fund Balance to the Contractual Services Account needed to cover the one-time onboarding fee as recommended in this memorandum.
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19-937 Agenda Date: 9/24/2019
Budget Amendment
FY 2019/20
Current Increase/
(Decrease)
Revised
City’s Affordable Housing Fund
Ending Fund Balance $1,128,626 ($30,500) $1,098,126
Contractual Services $805,921 $30,500 $836,421
Housing Successor Agency Fund
Ending Fund Balance $10,525,409 ($30,500) $10,494,909
Contractual Services $571,000 $30,500 $601,500
COORDINATION
This report has been coordinated with the Finance Department and the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
1. Approve and authorize the City Manager to execute the Agreement for Services with HouseKeys Inc for Administration of the City’s Affordable Rental Program in an amount not to exceed $211,000, and all related documents for the provision of administrative services for the Affordable Purchase Program effective September 24, 2019; and
2. Approve and authorize an additional $61,000 appropriation to cover the one-time onboarding fee, which will be paid from Housing Special Revenue Funds.
Reviewed by: Andrew Crabtree, Director of Community Development Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Affordable Rental Program RFP
2. Agreement with HouseKeys
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EBIX Insurance No. S200004354
AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
HOUSEKEYS INC.
FOR
AFFORDABLE RENTAL PROGRAM ADMINISTRATOR
PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and HouseKeys Inc., a California corporation (Contractor). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A. City desires to secure the services more fully described in this Agreement, at Exhibit A, entitled "Scope of Services";
B. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.
The Parties agree as follows:
AGREEMENT TERMS AND CONDITIONS
1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Contractor shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:
Exhibit A - Scope of Services
Exhibit B - Schedule of Fees
Exhibit C - Insurance Requirements
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, Agreement with HouseKeys Inc.
Rev. 07-01-18
whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.
2. TERM OF AGREEMENT
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 August 20, 2019 and terminate on August 20, 2020, with the option to renew for two (2) one-year periods. City shall provide Contractor at least thirty (30) days' notice of its intent to exercise its option to renew before the end of the term. Contractor shall deliver the agreed upon services to the City as specified in Exhibit A, unless otherwise amended in writing by the Parties.
3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Contractor shall perform those Services specified in Exhibit A within the time stated in Exhibit A. Time is of the essence.
4. WARRANTY
Contractor expressly warrants that all materials and services covered by this Agreement shall be fit for the purpose intended, shall be free from defect and shall conform to the specifications, requirements and instructions upon which this Agreement is based. Contractor agrees to promptly replace or correct any incomplete, inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Contractor. If Contractor fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Contractor for the cost incurred by City.
5. QUALIFICATIONS OF CONTRACTOR - STANDARD OF CARE
Contractor represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Contractor's representations regarding its skills and knowledge. Contractor shall perform such Services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.
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." All work performed or materials provided in excess of the Exhibit B shall be agreed upon, by and Agreement with HouseKeys Inc.
Rev. 07-01-18
between City and Contractor, before any work is performed. City and Contractor shall agree on the scope and cost of any "Special Projects" as identified in Exhibit B.
Contractor will bill City on a monthly basis for Services provided by Contractor during the preceding month, subject to verification by City. City will pay Contractor within thirty (30) days of City's 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.
8. ASSIGNMENT AND SUBCONTRACTING
City and Contractor bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Contractor shall not hire subcontractors without express written permission from City.
Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it.
9. NO THIRD PARTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.
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.
Agreement with HouseKeys Inc.
Rev. 07-01-18
11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor or becomes generally known to the related industry shall be deemed confidential.
12. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Contractor may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.
13. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement, including termination of Contractor. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Contractor shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.
Contractor shall submit to City any and all reports concerning its. performance under this Agreement that may be requested by City in writing. Contractor agrees 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, Agreement with HouseKeys Inc.
Rev. 07-01-18
liability, loss, cost, and/or expense or damage, including all costs and attorney's fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner arising from, or alleged to arise in whole or in part from, or in any way connected with the Services performed by Contractor pursuant to this Agreement - including claims of any kind by Contractor's employees or persons contracting with Contractor to perform any portion of the Scope of Services - and shall expressly include passive or active negligence by City connected with the Services. However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.
B. Contractor's obligation to protect, defend, indemnify, and hold harmless in full City and City's employees, shall specifically extend to any and all employment-related claims of any type brought by employees, contractors, subcontractors or other agents of Contractor, against City (either alone, or jointly with Contractor), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.
C. To the extent Contractor is obligated to provide health insurance coverage to its employees pursuant to the Affordable Care Act ("Act") and/or any other similar federal or state law, Contractor warrants that it is meeting its obligations under the Act and will fully indemnify and hold harmless City for any penalties, fines, adverse rulings, or tax payments associated with Contractor's responsibilities under the Act.
15. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Contractor shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.
16. WAIVER
Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City's review, acceptance nor payments for any of the Services required under this Agreement 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.
Agreement with HouseKeys Inc.
Rev. 07-01-18
Page5
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: Housing and Community Services Division
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected], and
[email protected]
And to Contractor addressed as follows:
HouseKeys Inc.
358 Digital Drive
Morgan Hill, CA 95037
and by e-mail at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.
An e-mail transmitted after 1 :00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.
18. COMPLIANCE WITH LAWS
Contractor shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to "The Code of the City of Santa Clara, California" ("SCCC"). In particular, Contractor's attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Contractor has read and agrees to comply with City's Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299).
19. CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 and Agreement with HouseKeys Inc.
Rev. 07-01-18
following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.
20. FAIR EMPLOYMENT
Contractor shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
21. NO USE OF CITY NAME OR EMBLEM
Contractor shall not use City's name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.
22. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.
23. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.
24. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.
25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
Agreement with HouseKeys Inc.
Rev. 07-01-18
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: /-C/ -}l. Ci21J
BRIAQ[~ •~
City Attorney
"CITY"
••J.~NTANA
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
HOUSEKEYS INC.
A CALIFORNIA CORPORATION
Dated: ~ /11
By (Signature): ~/
Name: d a
Title: CEO
Principal Place of
Business Address: 358 Digital Drive, Morgan Hill, CA 95037 Email Address: [email protected]
Telephone: (415) 846-8004
Fax: (408) 850-7431
Agreement with HouseKeys Inc.
Rev. 07-01-18
"CONTRACTOR"
EXHIBIT A
SCOPE OF SERVICES
The Services to be performed for the City by the Contractor under this Agreement are set forth below.
1. DESCRIPTION OF REQUIRED SERVICES
The Contractor shall provide the following services:
Scope of Services Item
Administration Services
• Contractor will review policies and procedures to
ensure City requirements are considered in the
setup of City's Affordable Housing Program.
Provide City with policy/procedure revision
recommendations, as appropriate.
• Contractor will be the primary contact for the
Affordable Housing Program and will handle all
inquiries and correspondence from applicants,
current renters, and property managers in
buildings with units restricted under the
Affordable Housing Program.
• Contractor will utilize the City's procedures,
ordinance(s), resolution(s), and guidelines in the
implementation of the Affordable Housing
Program.
• Contractor will develop a report form in
conjunction with the City Staff and submit
quarterly activity reports.
• In consultation with the City, Contractor will
develop a customer service and program
evaluation survey.
• Contractor will provide suggestions to the City for
potential modifications to the City's application
process, procedures, and/or guidelines to ensure
effective operation of the Affordable Housing
Program.
Administration of Lease-Up and Marketing
• After Developer and/or City notification of
Affordable unit availability and unit details,
Contractor will:
0 Coordinate Marketing kick-off meeting with
Developer, Property Manaqer, and City Staff
Agreement with HouseKeys Inc. /Exhibit A-Scope of Services Rev. 07-01-18
Implementation Plans
& Timelines
Program Setup
(90 Days)
Program Reporting
(Quarterly)
Program Evaluation
Survey
(Quarterly)
Developer Outreach
Within 60 Days
HouseKeys will contact
developers and
0 Oversee, collect and review application and
required rental documents to ensure
application completeness
0 Oversee execution of Lease Agreement
between property manager and selected
tenants
0 Facilitate and oversee lease-up with
Developer, Property Manager, and City Staff
0 Ensure notice is provided to ineligible
applicants and reason for ineligibility
• As necessary, Contractor will provide access to
translation in other languages.
Existing Affordable Housing Portfolio
• Contractor will review all City data related to the
existing housing portfolio and review all project
files.
• Contractor will digitize existing housing portfolio
loan and compliance docs and provide electronic
access to files and data.
• Contractor will present the City with data and
analysis of the existing portfolio, along with a
proposal to ensure the full portfolio complies with
existing covenants and restrictions.
• Contractor will work with property owner/
manager to establish protocols and procedures
to annual compliance and tenant income
certifications.
• Contractor will contact existing renters via letter
notifying of new agency contact for annual
occupancy and income verification (where
applicable)
• Contractor will present the City with data and
analysis related to the portfolio's risk of loss of
affordability due to expiration of restrictions.
• Contractor will produce pro-active proposals to
preserve affordability.
• Contractor will review and revise forms to meet
program requirements, as necessary.
New Developments and lnclusionary Program Services
• Contractor will work with City to establish
protocols and procedures for initial lease up, new
move-in and annual compliance certifications.
Agreement with HouseKeys Inc. /Exhibit A-Scope of Services Rev. 07-01-18
complete project
timelines
Onboarding of
Existing Affordable
Housing Portfolio
Within 120 Days of
contract start,
HouseKeys will provide
a full assessment of
records and work with
Staff to determine
timeline of completion
of Portfolio Database
See Developer
Outreach above
• Contractor will maintain marketing content for the
lnclusionary Program, including flyers, website,
and other material as needed.
• Contractor will provide the property owner /
manager of projects containing City lnclusionary
units with the most current income and rent
guidelines upon issuance by HCD/HUD each
year.
• Contractor will monitor lnclusionary unit rents
annually to ensure compliance with the required
affordable rent levels under lnclusionary
Program.
• Contractor will verify the eligibility of prospective tenants qualified by the property manager.
• Contractor will coordinate with property manager
on an annual basis to ensure that units are
occupied by tenants who continue to meet
income requirements. Contractor will also ensure
that the appropriate rent is being charged.
Technology Solutions
• Contractor will create, maintain and host a
webpage on Contractor website to announce City
Rental Program activities, applications forms, and
information.
• Contractor will create, maintain and host a
webpage and/or database that is accessible to
Property Managers, the City, and tenants to
submit and review relevant affordable housing
information and documents.
• Contractor will work towards creating and
formatting a database for application intake and
processing to meet City requirements.
Agreement with HouseKeys Inc. /Exhibit A-Scope of Services Rev. 07-01-18
Staff-Driven
Monitoring and
Certification
While the Program
Records are being
migrated to the
HouseKeys System, the
Program Administration
Team will be
connecting with existing
landlords and tenants to
onboard files. The
team will engage with
the first selection of
projects within 60 days
of contract start.
Technology Timeline
Initial Program Web
Presence will be live
within 90 days of
contract start
Completion of the Web
Interface and Database
with City Program
Records will be
available for City within
6 months of contract
start.
EXHIBIT B
SCHEDULE OF FEES
In no event shall the amount billed to City by Contractor for services provided pursuant to this agreement exceed TWO HUNDRED ELEVEN THOUSAND DOLLARS ($211,000), subject to budget appropriations.
The FY 2019-2020 schedule of rates and fees which includes all billing amounts and costs are as follows:
Program Administration Fees:
September 1, 2019 to June 30, 2020
PROGRAM TRANSFER AND INITIAL SET
UP
Rate Hours
JULIUS NYANDA $200/HR 100
CHRISTINA $100/HR 100
ENRIQUEZ
KATARINA $100/HR 100
MARUSIC
KA THIE WELLS $100/HR 100
MANDY ISRADE $100/HR 50
PROGRAM ADMINISTRATION
(FIXED MONTHLY FEE)
Collective Team Rate: $150/hour
Minimum 20 Hours Per Week
Variable Transaction Rates
# Transaction Type
1 Application Fee for Rental Applicants if
Contractor is the lead marketing agent
2 Special Project Billing (Subject to City
Approval)
Agreement with HouseKeys Inc. /Exhibit B-Schedule of Fees Rev. 07-01-18
Fee
$75.00
$250/hour
$13,000 per month
$55,000
$156,000
$13,000/month
Billed to:
Applicant
City or Project
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting the Contractor's indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect, at its sole cost and expense, the following insurance policies with at least the indicated coverages, provisions and endorsements:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 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 Office form CA 00 01. Liability coverage shall apply to all owned, non-owned and hired autos.
In the event that the Work being performed under this Agreement involves transporting of hazardous or regulated substances, hazardous or regulated Agreement with HouseKeys Inc. /Exhibit C-lnsurance Requirements Rev. 07-01-18
wastes and/or hazardous or regulated materials, Contractor and/or its subcontractors involved in such activities shall provide coverage with a limit of two million dollars ($2,000,000) per accident covering transportation of such materials by the addition to the Business Auto Coverage Policy of Environmental Impairment Endorsement MCS90 or Insurance Services Office endorsement form CA 99 48, which amends the pollution exclusion in the standard Business Automobile Policy to cover pollutants that are in or upon, being transported or towed by, being loaded onto, or being unloaded from a covered auto.
C. WORKERS' COMPENSATION
1. Workers' Compensation Insurance Policy as required by statute and employer's liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each 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. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.
1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor's work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85 or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.
2. Primary and non-contributing. Each insurance policy provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the Indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance Indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor's insurance.
Agreement with HouseKeys Inc. /Exhibit C-lnsurance Requirements Rev. 07-01-18
3. Cancellation.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of nonrenewal.
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 D of this Exhibit C, above.
E. ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:
1. Contractor agrees to ensure that subcontractors, and any other party involved with the Services who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.
2. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to 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.
Agreement with HouseKeys Inc. /Exhibit C-lnsurance Requirements Rev. 07-01-18
3. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.
F. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City's approval as to adequacy of the insurance protection.
G. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance ( or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement.
Upon City's request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be 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]
H. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.
Agreement with HouseKeys Inc. /Exhibit C-lnsurance Requirements Rev. 07-01-18
Page4
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
20-733 Agenda Date: 8/18/2020
REPORT TO COUNCIL
SUBJECT
Action on Amendment No. 1 to the Agreement for Services with HouseKeys Inc. Exercising the First Option to Extend the Term for One Year and Adding $166,000 for Administration of the City’s Affordable Rental Program [Council Pillar: Promote and Enhance Economic, Housing and Transportation Development]
BACKGROUND
The City of Santa Clara is committed to promoting and pursuing the availability of affordable housing to moderate, low, very-low and extremely-low income households. Adoption of the City’s Affordable Housing Ordinance in 2018 provided a key tool to help achieve this objective. Along with other provisions, the Affordable Housing Ordinance establishes an inclusionary requirement for new rental residential development projects.
Specifically, the Affordable Housing Ordinance requires residential rental projects of ten (10) or more units to provide at least fifteen percent (15%) of the units at affordable rental prices to extremely low, very low, low- and moderate-income households. These units are required to remain a part of the City’s Affordable Housing Rental Program for fifty-five (55) years.
The City also has an existing portfolio of designated affordable rental housing units. These units were developed through various means including use of former Redevelopment Agency (RDA) funds as well as Home Investment Partnerships Program (HOME) funds. The City will be implementing new policies and procedures to certify the eligibility of prospective tenants, as well as coordinating with project owners, developers and property management companies to ensure program compliance.
The City also should conduct annual compliance review for consistency with the City’s affordable housing program policies. On-going implementation of the Affordable Housing Ordinance inclusionary requirement, as well as the development of new affordable housing projects, will produce a continuous stream of new affordable rental units being added to the City’s inventory.
On April 29, 2019, the City issued a Request for Proposals (RFP) for administration of the City’s Affordable Rental Program. Following this procurement process, on September 24, 2019, Council approved an Agreement for Services with HouseKeys Inc. for a one-year term with two one-year options for the administration of the City’s Affordable Rental Program.
DISCUSSION
HouseKeys was created in April of 2015 in response to the void left by the closing of several Silicon Valley nonprofit housing, lending and counseling service providers. HouseKeys currently administers similar programs for the cities of Morgan Hill, Campbell, Burlingame and Gilroy and has a proven record of successfully developing and managing affordable rental housing programs. HouseKeys staff includes a diverse team of program administration specialists, software engineers, data City of Santa Clara Page 1 of 3 Printed on 4/27/2022
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20-733 Agenda Date: 8/18/2020
scientists and real estate professionals with a focus on building a program administration model driven by data, expertise, service, and technology. Over the last ten years, at various employers, HouseKeys staff has completed nearly 1,000 program for-sale transactions and managed a broad portfolio of multi-family rental units during initial new construction lease-up, annual compliance and tenant turnover. In addition to the primary entity, the HouseKeys team formed the nonprofit agency, HouseKeys Resource & Education Center Inc. which obtained federal tax-exempt status in the summer of 2017. Based upon these qualifications, staff is proposing that the City extends its Agreement with HouseKeys to administer compliance monitoring of the City’s inventory of affordable rental housing units.
As discussed above, the September 24, 2019 Council-approved Agreement for Services with HouseKeys Inc. for administration of the City’s Affordable Rental Program was for a one-year term with the option to renew for two (2) one-year periods. The total compensation authorized in September 2019 contained a not-to-exceed amount of $211,000 ($66,000 to onboard all of the portfolio records and an additional $150,000 for program administration). Under the proposed Amendment, the term of the Agreement will be extended until August 20, 2021 (with the remaining option to renew for a one-year period) and compensation for an additional year of administration ($150,000) for a new total not-to-exceed contract amount of $377,000.
HouseKeys conducts day-to-day management of the program as well as producing new program materials needed to strengthen the City’s ability to administer and maintain its Affordable Rental Program. Over the past year, HouseKeys has been working to produce the City’s Affordable Rental Housing Program Application Guide, which is attached. As part of the Program Application Guide, Housekeys also assisted in creating local preference criteria for the City’s Affordable Housing Program. As part of the proposed City’s local preference for affordable housing, Keyser Marston Associates, Inc. (KMA) assembled demographic data on the residents of the City of Santa Clara, the people who work in Santa Clara, and the geographic area of the labor pool (Attached). The purpose of the demographic data analysis was to identify any differences that may exist between the characteristics of the people who would qualify for the proposed affordable housing preference program and the general population in the market area. The data indicate that the composition of the residents of the City of Santa Clara is generally consistent with the composition of the market area, which would support a local preference policy.
HouseKeys will also provide a technology solution that will allow for streamlined, web-based communication between the City, the administrator, existing and prospective tenants and property managers.
HouseKeys has demonstrated its ability to successfully deliver services as described in the Agreement for the delivery of this important City service. Therefore, staff recommends that the Council approve the proposed Amendment No. 1 to the Agreement for Services with HouseKeys Inc for Administration of the City’s Affordable Rental Program.
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.
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20-733 Agenda Date: 8/18/2020
FISCAL IMPACT
The total cost of the Agreement for Services with HouseKeys Inc. for Administration of the City’s Affordable Rental Program shall not exceed $166,000 over a one-year period subject to budget appropriations. This agreement provides for an ongoing monthly fee of $13,000 for program administration not to exceed $156,000 and $10,000 for special projects, subject City approval.
Funding for this agreement was included as part of the Adopted Fiscal Year 2019/20 and 2020/21 Biennial Operating Budget in the City’s Affordable Housing and Housing Successor Agency Funds.
COORDINATION
This report has been coordinated with the Finance Department and the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]>.
RECOMMENDATION
Approve and authorize the City Manager to execute Amendment No. 1 to the Agreement for Services with HouseKeys Inc. for Administration of the City’s Affordable Rental Program in an amount not to exceed $166,000 for the Fiscal Year 2020/21, and a total contract amount not to exceed $377,000, and all related documents for the provision of administrative services for the Affordable Rental Program effective August 18, 2020.
Reviewed by: Andrew Crabtree, Director of Community Development Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Amendment No. 1 with HouseKeys
2. Affordable Rental Housing Program Application Guide
3. Demographic Analysis
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AMENDMENT NO. 1
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
HOUSEKEYS INC.
PREAMBLE
This agreement ("Amendment No. 1 ") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Housekeys Inc., a California corporation (Contractor). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A. The Parties previously entered into an agreement entitled "Agreement for Services", dated January 9, 2020 (Agreement); and
B. The Parties entered into the Agreement for the purpose of having Contractor administer the City's Affordable Rental Program, and the Parties now wish to amend the Agreement to renew and extend the term of the Agreement and to revise the scope of services and schedule of fees.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Section 2 of the Agreement, entitled "Term of Agreement" is amended to read as follows:
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 August 20, 2020 and terminate on August 20, 2021, with the option to renew for one (1) one-year period. City shall provide Contractor at least thirty (30) days' notice of its intent to exercise its option to renew before the end of the term. Contractor shall deliver the agreed upon services to the City as specified in Exhibit A-1, unless otherwise amended in writing by the Parties.
That Exhibit A of the Agreement is hereby amended by adding Exhibit A-1, a revised "Scope of Services", attached hereto and incorporated herein.
That Exhibit B of the Agreement is hereby amended by adding Exhibit B-1 "Schedule of Fees", attached hereto and incorporated herein.
Amendment No. 1 to AgreemenU Exhibit A-1/Housekeys Inc.
Rev. 10/25/2019
2. Except as set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. In case of a conflict in the terms of the Agreement and this Amendment No. 1, the provisions of this Amendment No. 1 shall control.
Amendment No. 1 to Agreement/ Exhibit A-1/Housekeys Inc.
Rev. 10/25/2019
The Parties acknowledge and accept the terms and conditions of this Amendment No. 1 as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form:
City Attorney
\)ef DEA N J. SANTANA
City Mana er
"CITY"
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
HOUSEKEYS INC.
a California corporation
Dated: B /1 'j /2,020 ----+-, -'---L..+------ , -------- By (Signature)�hll:,.c_---· �-- ~ ---------
Nam�� nd a
Title: CEO
Principal Place of
Business Address: 358 Digital Drive, Morgan Hill, CA 95037 Email Address: [email protected]
Telephone: (415) 846-8004
Fax: (408) 850-7431
"CONTRACTOR"
S:\Attorney\AGREEMENTS\Amendments\Amendment No. 1 - Form.doc Amendment No. 1 to Agreement/ Exhibit A-1/Housekeys Inc.
Rev. 10/25/2019
EXHIBIT A-1
SCOPE OF SERVICES
The Services to be performed for the City by the Contractor under this Agreement are set forth below.
1. DESCRIPTION OF REQUIRED SERVICES
The Contractor shall provide the following services:
Scope of Services Item
Administration Services
• Contractor will continually review policies and
procedures to ensure City requirements are
considered for the City's Affordable Housing
Program. Provide City with policy/procedure
revision recommendations, as appropriate.
• Contractor will be the primary contact for the
Affordable Housing Program and will handle all
inquiries and correspondence from applicants,
current renters, and property managers in
buildings with units restricted under the
Affordable Housing Program.
• Contractor will utilize the City's procedures,
ordinance(s), resolution(s), and guidelines in the
implementation of the Affordable Housing
Program.
• Contractor will submit quarterly activity reports .
• In consultation with the City, Contractor will maintain a customer service and program evaluation
survey.
• Contractor will provide suggestions to the City for
potential modifications to the City's application
process, procedures, and/or guidelines to ensure
effective operation of the Affordable Housing
Program.
Administration of Lease-Up and Marketing
• For New Developments, Contractor will:
0 Coordinate Marketing kick-off meeting with
Developer, Property Manager, and City Staff
0 Oversee, collect and review application and
required rental documents to ensure
application completeness
0 Oversee execution of Lease AQreement
Amendment No. 1 to Agreement/ Exhibit A-1/Housekeys Inc.
Rev. 10/25/2019
Implementation Plans
& Timelines
Program Reporting
(Quarterly)
Program Evaluation
Survey
(Quarterly)
Developer Outreach
between property manager and selected
tenants
0 Facilitate and oversee lease-up with
Developer, Property Manager, and City Staff
0 Ensure notice is provided to ineligible
applicants and reason for ineligibility
• As necessary, Contractor will provide access to
translation in other languages.
Existing Affordable Housing Portfolio
• Contractor will maintain digitized records of existing housing portfolio loan and compliance docs and
provide electronic access to files and data.
• Contractor will continually present the City with data and analysis of the existing portfolio, along with
feedback to ensure the full portfolio complies with
existing covenants and restrictions.
• Contractor will work with property owner / manager
to maintain protocols and procedures to annual
compliance and tenant income certifications.
• Contractor will maintain contact with existing renters for annual occupancy and income verification
(where applicable)
• Contractor will maintain contact with existing
property managers.
• Contractor will monitor the portfolio and provide the City with data and analysis related to the
portfolio's risk of loss of affordability due to
expiration of restrictions.
• Contractor will produce pro-active proposals to
preserve affordability.
• Contractor will review and revise forms to meet
program requirements, as necessary.
New Developments and lnclusionary Program Services
• Contractor will work with City to maintain protocols
and procedures for initial lease up, new move-in
and annual compliance certifications.
• Contractor will maintain marketing content for the
lnclusionary Program, including flyers, website,
and other material as needed.
• Contractor will provide the property owner/ manager
of projects containing City lnclusionary units with
the most current income and rent guidelines
upon issuance by HCD/HUD each year.
• Contractor will monitor lnclusionarv unit rents
Amendment No. 1 to Agreement/ Exhibit A-1/Housekeys Inc.
Rev. 10/25/2019
Administration of
Existing Affordable
Housing Portfolio
See Developer
Outreach above
Staff-Driven
Monitoring and
Certification
annually to ensure compliance with the required
affordable rent levels under lnclusionary
Program.
• Contractor will verify the eligibility of prospective tenants qualified by the property manager.
• Contractor will coordinate with property manager on
an annual basis to ensure that units are occupied
by tenants who continue to meet income
requirements. Contractor will also ensure that the
appropriate rent is being charged.
Technology Solutions
• Contractor will maintain and host a webpage on
Contractor website to announce City Rental
Program activities, applications forms, and
information.
• Contractor will maintain and host a webpage and/or
database that is accessible to Property
Managers, the City, and tenants to submit and
review relevant affordable housing information
and documents.
• Contractor will maintain a database for application
intake and processing to meet City requirements.
Amendment No. 1 to Agreement/ Exhibit A-1/Housekeys Inc.
Rev. 10/25/2019
EXHIBIT 8-1
SCHEDULE OF FEES
In no event shall the amount billed to City by Contractor for services provided pursuant to this agreement exceed ONE HUNDRED SIXTY-SIX THOUSAND DOLLARS ($166,000), subject to budget appropriations.
The FY 2020-2021 schedule of rates and fees which includes all billing amounts and costs are as follows:
Program Administration Fees:
August 20, 2020 to August 20, 2021 $13,000 per month
Not to exceed ONE HUNDRED FIFTY-SIX THOUSAND DOLLARS ($156,000) during contract period.
Variable Transaction Rates:
Special Project Billing $10,000 (Subject to City Approval) Special projects will be billed at an hourly rate of $250.
Not to exceed TEN THOUSAND DOLLARS ($10,000) during contract period.
Amendment No. 1 to Agreement/ Exhibit B-1/Housekeys Inc.
Rev. 10/25/19
yP~~jP°`^Rq~~ ~ ~.9. . City of Santa Clara
~ ~,~ o
''~ ~ ~ z
\ ice .,, ~~:ryFM,S51ON ~;~{ ` Agenda Report
1500 Warbu~on Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
21-880
REPORT TO COUNCIL
Agenda Date: 7/13/2021
SUBJECT
Action on Amendment No. 2 to the Agreement for Services with HouseKeys Inc. Exercising the Second Option to Extend the Term for One Year for Administration of the City's'Affordable Rental Program Approval of the City's Affordable Rental Housing Program Application Guide and Local Preference Policy
COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development
BACKGROUND
The City of Santa Clara is committed to promoting and pursuing the availability of affordable housing to moderate, low, very-low and extremely-low income households. Adoption of the City's Affordable Housing Ordinance in 2018 provided a key tool to help achieve this objective. Along with other provisions, the Affordable Housing Ordinance establishes an inclusionary requirement for new rental residential development projects.
Specifically, the Affordable Housing Ordinance requires residential rental projects of ten (10) or more units to provide at least fifteen percent (15%) of the units at affordable rental prices to extremely low, very low, low- and moderate-income households. These units are required to remain a part of the City's Affordable Housing Rental Program for fifty-five (55) years.
The City also has an existing portfolio of designated affordable rental housing units. These units were developed through various means including use of former Redevelopment Agency (RDA) funds as well as Home Investment Partnerships Program (HOME) funds. The City will be implementing new policies and procedures to certify the eligibility of prospective tenants, as well as coordinating with project owners, developers and property management companies to ensure program compliance.
The City also should conduct annual compliance review for consistency with the City's affordable housing program policies. On-going implementation of the Affordable Housing Ordinance inclusionary requirement, as well as the development of new affordable housing projects, will produce a continuous stream of new affordable rental units being added to the City's inventory.
On April 29, 2019, the City issued a Request for Proposals (RFP) for administration of the City's Affordable Rental Program. Following this procurement process, on September 24, 2019, Council approved an Agreement for Services with HouseKeys Inc. for aone-year term with two one-year options for the administration of the City's Affordable Rental Program.
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21-880 Agenda Date: 7/13/2021
DISCUSSION
HouseKeys was created in April of 2015 in response to the void left by the closing of several Silicon Valley nonprofit housing, lending and counseling service providers. HouseKeys currently administers similar programs for the cities of Morgan Hill, Campbell, Burlingame and Gilroy and has a proven record of successfully developing and managing affordable rental housing programs. HouseKeys staff includes a diverse team of program administration specialists, software engineers, data scientists and real estate professionals with a focus on building a program administration model driven by data, expertise, service, and technology. Over the last ten years, at various employers, HouseKeys staff has completed nearly 1,000 program for-sale transactions and managed a broad portfolio of multi-family rental units during initial new construction lease-up, annual compliance and tenant turnover. In addition to the primary entity, the HouseKeys team formed the nonprofit agency, HouseKeys Resource &Education Center Inc. which obtained federal tax-exempt status in the summer of 2017. Based upon these qualifications, staff is proposing that the City extends its Agreement with HouseKeys to administer compliance monitoring of the City's inventory of affordable rental housing units.
A. HouseKeys Agreement
As discussed above, the September 24, 2019 Council-approved Agreement for Services with HouseKeys Inc. for administration of the City's Affordable Rental Program was for aone-year term with the option to renew for two (2) one-year periods. The total compensation authorized in September 2019 contained anot-to-exceed amount of $211,000 ($66,000 to onboard all of the portfolio records and an additional $150,000 for program administration). The Amendment No. 1 was approved on August 18, 2020 for a one year period with anot-to-exceed contract amount of $166,000. Under the proposed Amendment No. 2, the term of the Agreement will be extended until June 30, 2022 and compensation for an additional year of administration for $166,000.
B. Affordable Rental Housing Program Application Guide and Local Preference Policy HouseKeys conducts day-to-day management of the program as well as producing new program materials needed to strengthen the City's ability to administer and maintain its Affordable Rental Program. Over the past year, HouseKeys has been working to produce the City's Affordable Rental Housing Program Application Guide, which is attached. As part of the Program Application Guide, Housekeys also assisted in creating local preference criteria for the City's Affordable Housing Program. As part of the proposed City's local preference for affordable housing, Keyser Marston Associates, Inc. (KMA) assembled demographic data on the residents of the City of Santa Clara, the people who work in Santa Clara, and the geographic area of the labor pool and conducted a disparate impact analysis (Attached). Even when a policy or practice is not intended to discriminate or doesn't directly limit housing opportunity based on protected class, it may still have a discriminatory effect. Disparate Impact describes policies, practices or services that appear neutral on the surface, but, in practice, disadvantage protected class members. The purpose of the demographic data analysis was to identify any differences that may exist between the characteristics of the people who would qualify for the proposed affordable housing preference program and the general population in the market area. The data indicate that the composition of the residents of the City of Santa Clara is generally consistent with the composition of the market area, which would support a local preference policy.
HouseKeys has demonstrated its ability to successfully deliver services as described in the City of Santa Clara Page 2 of 3 Printed on 7/22!2021
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21-880 Agenda Date: 7/13/2021
Agreement for the delivery of this important City service. Therefore, staff recommends that the Council approve the proposed Amendment No. 2 to the Agreement for Services with HouseKeys Inc for Administration of the City's Affordable Rental Program.
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 i n the environment.
FISCAL IMPACT
The total cost of the Agreement for Services with HouseKeys Inc. for Administration of the City's Affordable Rental Program shall not exceed $166,000 over aone-year period subject to budget appropriations. This agreement provides for an ongoing monthly fee of $13,000 for program administration not to exceed $156,000 and $10,000 for special projects, subject City approval.
Funding for this agreement was included as part of the Adopted Fiscal Year 2021 /22 and Biennial Operating Budget in the City's Affordable Housing and Housing Successor Agency Funds.
COORDINATION
This report has been coordinated with the Finance Department and the City Attorney's Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City's official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City's website and i n 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 clerk(c~santaclaraca.gov <mailto:clerk(c~santaclaraca.gov>.
RECOMMENDATION
1. Approve and authorize the City Manager to execute Amendment No. 2 to the Agreement for Services with HouseKeys Inc. for Administration of the City's Affordable Rental Program in an amount not to exceed $166,000 for the Fiscal Year 2021/22, and all related documents for the provision of administrative services for the Affordable Rental Program.
2. Approve the City's Affordable Rental Housing Program Application Guide and Local Preference Policy
Reviewed by: Andrew Crabtree, Director of Community Development Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Amendment No. 2 with HouseKeys
2. Affordable Rental Program Application Guide w/ Local Preference Policy
3. Demographic Analysis
City of Santa Clara Page 3 of 3 Printed on 7/22/2021
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AMENDMENT NO. 2
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
HOUSEKEYS INC.
- -
This agreement ("Amendment No. 2") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Housekeys Inc., a California corporation (Contractor). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A. The Parties previously entered into an agreement entitled "Agreement for Services between the City of Santa Clara, California and Housekeys Inc.", dated January 9, 2020 (Agreement); and
B. The Agreement was previously amended by Amendment No. 1, dated August 24, 2020, and is again amended by this Amendment No. 2. The Agreement and all previous amendments are collectively referred to here in as the "Agreement as Amended"; and
C. The Parties entered into the Agreement for the purpose of having Contractor administer the City's Affordable Rental Program, and the Parties now wish to amend the Agreement to renew and extend the term of the Agreement and to revise the scope of services and schedule of fees.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Section 2 of the Agreement, entitled "Term of Agreement" is amended to read as follows:
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 July 1, 2021 and terminate on June 30, 2022.
That Exhibit B-1 of the Agreement is hereby amended by adding Exhibit B-2 "Schedule of Fees", attached hereto and incorporated herein.
Amendment No. 2 to Agreement/Housekeys Inc.
Rev. 10/25/2019
2. Except as set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. In case of a conflict in the terms of the Agreement and this Amendment No. 2, the provisions of this Amendment No. 2 shall control.
Amendment No. 2 to Agreement/Housekeys Inc.
Rev. 10/25/2019
The Parties acknowledge and accept the terms and conditions of this Amendment No. 2 as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
App v d as to Form:
BRIAN DOYLE
City Attorney
Dated: ~1~L~~tiO`~
DEAN A . SANTANA
City Ma ger
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
"CITY°
HOUSEKEYS INC.
a California corporation
Dated: ~/2 i ~2.~ z t
By (Signature):
Name~alius/ yanda
Title: CEO
Principal Place of
Business Address: 358 Digital Drive, Morgan Hill, CA 95037 Email Address: julius(c~housekevs.orq
Telephone: (415) 846-8004
Fax: (408) 850-7431
"CONTRACTOR"
S:WttorneyWGREEMENTS~AmendmentsWmendment No. 1 - Form.doc Amendment No. 2 to Agreement/Housekeys Inc.
Rev. 10/25/2019
EXHIBIT A-2
SCOPE OF SERVICES
The Services to be performed for the City by the Contractor under this Agreement are set forth below.
1. DESCRIPTION OF REQUIRED SERVICES
The Contractor shall provide the following services:
Scope of Services Item Implementation Plans
& Timelines
Administration Services
• Contractor will continually review policies and
procedures to ensure City requirements are Program Reporting considered for the City's Affordable Housing (Quarterly) Program. Provide City with policy/procedure
revision recommendations, as appropriate.
• Contractor will be the primary contact for the Program Evaluation Affordable Housing Program and will handle all Survey
i nquiries and correspondence from applicants, (Quarterly) current renters, and property managers in
buildings with units restricted under the
Affordable Housing Program.
• Contractor will utilize the City's procedures,
ordinance(s), resolution(s), and guidelines in the
i mplementation of the Affordable Housing
Program.
• Contractor will submit quarterly activity reports.
• In consultation with the City, Contractor will maintain a customer service and program evaluation
survey.
• Contractor will provide suggestions to the City for
potential modifications to the City's application
process, procedures, and/or guidelines to ensure
effective operation of the Affordable Housing
Program.
Administration of Lease-Up and Marketing Developer Outreach • For New Developments, Contractor will:
o Coordinate Marketing kick-off meeting with
Developer, Property Manager, and City Staff
o Oversee, collect and review application and
required rental documents to ensure
application completeness
o Oversee execution of Lease A reement
Amendment No. 2 to Agreement/Housekeys Inc.
Rev. 10/25/2019
•
between property manager and selected
tenants
o Facilitate and oversee lease-up with
Developer, Property Manager, and City Staff
o Ensure notice is provided to ineligible
applicants and reason for ineligibility
As necessary, Contractor will provide access to
translation in other languages.
Existing Affordable Housing Portfolio Administration of • Contractor will maintain digitized records of existing Existing Affordable housing portfolio loan and compliance docs and Housing Portfolio provide electronic access to files and data.
• Contractor will continually present the City with data and _analysis of the existing portfolio, along with
feedback to ensure the full portfolio complies with
existing covenants and restrictions.
• Contractor will work with property owner /manager
to maintain protocols and procedures to annual
compliance and tenant income certifications.
• Contractor will maintain contact with existing renters for annual occupancy and income verification
(where applicable)
• Contractor will maintain contact with existing
property managers.
• Contractor will monitor the portfolio and provide the City with data and analysis related to the
portfolio's risk of loss of affordability due to
expiration of restrictions.
• Contractor will produce pro-active proposals to
preserve affordability.
• Contractor will review and revise forms to meet
program requirements, as necessary.
New Developments and Inclusionary Program Services See Developer • Contractor will work with City to maintain protocols Outreach above and procedures for initial lease up, new move-in
and annual compliance certifications.
• Contractor will maintain marketing content for the
I nclusionary Program, including flyers, website,
and other material as needed.
• Contractor will provide the property owner /manager Staff-Driven of projects containing City Inclusionary units with Monitoring and the most current income and rent guidelines Certification upon issuance by HCD/HUD each year.
• Contractor will monitor Inclusiona unit rents
Amendment No. 2 to Agreement/Housekeys Inc.
Rev. 10/25/2019
annually to ensure compliance with the required
affordable rent levels under Inclusionary
Program.
• Contractor will verify the eligibility of prospective tenants qualified by the property manager.
• Contractor will coordinate with property manager on
an annual basis to ensure that units are occupied
by tenants who continue to meet income
requirements. Contractor will also ensure that the
appropriate rent is being charged.
Technology Solutions
• Contractor will maintain and host a webpage on
Contractor website to announce City Rental
Program activities, applications forms, and
i nformation.
• Contractor will maintain and host a webpage and/or
database that is accessible to Property
Managers, the City, and tenants to submit and
review relevant affordable housing information
and documents.
• Contractor will maintain a database for application
i ntake and processing to meet City requirements.
Amendment No. 2 to Agreement/Housekeys Inc.
Rev. 10/25/2019
EXHIBIT B-2
SCHEDULE OF FEES
I n no event shall the amount billed to City by Contractor for services provided pursuant to this agreement exceed ONE HUNDRED SIXTY-SIX THOUSAND DOLLARS ($166,000), subject to budget appropriations.
The FY 2021-2022 schedule of rates and fees which includes all billing amounts and costs are as follows:
Program Administration Fees:
J uly 1, 2021 to June 30, 2022 $13,000 per month
Not to exceed ONE HUNDRED FIFTY-SIX THOUSAND DOLLARS ($156,000) during contract period.
Variable Transaction Rates:
Special Project Billing $10,000 (Subject to City Approval) Special projects will be billed at an hourly rate of $250.
Not to exceed TEN THOUSAND DOLLARS ($10,000) during contract period.
Amendment No. 2 to Agreement/Housekeys Inc.
Rev. 10/25/19
Ebix Insurance No. S200004354
AMENDMENT NO. 3
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
HOUSEKEYS INC.
PREAMBLE
This agreement ("Amendment No. 3") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Housekeys Inc., a California corporation, (Contractor). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A. The Parties previously entered into an agreement entitled "Agreement for Services between the City of Santa Clara, California and Housekeys Inc., dated January 9, 2020 (Agreement);
B. The Agreement was previously amended by Amendment No. 1, dated August 24, 2021, Amendment No. 2, dated July 27, 2021, and is again amended by this Amendment No. 3. The Agreement and all previous amendments are collectively referred to herein as the "Agreement as Amended"; and
C. The Parties entered into the Agreement as Amended for the purpose of having Contractor provide administration services for the City's Affordable Rental Program, and the Parties now wish to amend the Agreement as Amended to extend the term of the Agreement for an additional two years through June 30, 2024.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Section 2 of the Agreement as Amended, entitled "Term of Agreement" is hereby amended to read as follows:
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 July 1, 2018 and terminate on June 30, 2024.
2. Revised Exhibit B of the Agreement as Amended, entitled "Fee Schedule" is hereby amended to read as shown in Second Revised Exhibit B, attached herein.
Amendment No. 3 to Agreement/Housekeys Inc.
Rev. 10/25/19
3. Except as set forth herein, all other terms and conditions of the Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Agreement as Amended and this Amendment No. 3, the provisions of this Amendment No. 3 shall control.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 3 as evidenced by the following signatures of their duly authorized representatives.
Approved as to Form:
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Dated:
Office of the City Attorney
City of Santa Clara
Office of the City Manager
City of Santa Clara
"CITY"
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: ( 408) 615-2210
Fax: (408) 241-6771
HOUSEKEYS INC.
California corporation
Dated: 'f / 2a / -z_ ._
By (Signature): ~ - -+--+--,------------
Name:~ ~da
Title: CEO
Principal Place of 358 Digital Drive
Business Address: Morgan Hill, CA 95037
Email Address: [email protected]
Telephone: (415) 846-8004
Fax: (408) 850-7431
"CONTRACTOR"
Amendment No. 3 to AgreemenUHousekeys, Inc.
Rev. 10/25/2019
1. MAXIMUM COMPENSATION
EXHIBIT B
FEE SCHEDULE
In no event shall the amount billed to the City by Contractor for services provided pursuant to this Agreement exceed Eight Hundred Seventy-Five Thousand Dollars ($875,000), subject to the appropriation of funds.
2. SCHEDULE OF RA TES AND FEES FOR JULY 1, 2022 - JUNE 30, 2024
2.1. The schedule of rates and fees are as follows:
I
I Not-To-Exceed
Description Rate/Fee Amount
(7/1/22 - 6/30/24)
Program Administration Fee
Monthly Fee I $13,000/Month I $312,000
Variable Transaction Rates (Subject to City Approval)
Special Projects Hourly Rate I $250/HR / $20,000
Amendment No. 3 to Agreement/Housekeys Inc./ Second Revised Exhibit B - Fee Schedule Rev. 10/25/19
Page
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-576 Agenda Date: 5/24/2022
REPORT TO COUNCIL
SUBJECT
Action on a Request for a Special Permit to Allow a Temporary Storage Tent at 2401 Agnew Road (Great America Theme Park) from June 29, 2022 through August 20, 2022
COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development
BACKGROUND
The applicant, Dave Vosejpka and Flora Lopez of California’s Great America, LLC, are requesting a Special Permit pursuant to Zoning Code Section 18.60.030 to allow a temporary storage tent at 2401 Agnew Road (California’s Great America). The site is developed with commercial and entertainment uses. Neighboring land uses include Parks/Open Space, and High Intensity Office/R&D.
The property is zoned PD - Planned Development. The PD - Planned Development zoning district does not identify temporary outdoor storage as a use permitted by right or through issuance of a Use Permit. However, City Code Section 18.60.030 allows activities to be performed in any non-industrial Zoning District for any use not otherwise regulated within the Zoning Code upon issuance of a Special Permit by the City Council.
The proposed temporary storage would be within a 50-foot by 120-foot tent structure. The height of the tent structure will be 20 feet and 6 inches. The temporary storage use will be used to store parade floats, is proposed to begin on June 29, 2022 and end on August 20, 2022, with setup commencing on June 29, 2022 and breakdown of the setup to be completed by August 20, 2022. The property is owned by California’s Great America LLC which has provided written authorization for the temporary use.
DISCUSSION
The proposed temporary use, with limited duration and operations proposed, is not anticipated to adversely impact the surrounding land uses in that the event will occur over a limited time period and will be subject to conditions which mitigate potential negative impacts, including a condition of approval that the use be conducted in a manner that does not create a public nuisance or private nuisance. Any possible impacts would also be offset by the benefit to the community from the event. The Special Permit is subject to revocation should a problem arise.
The proposed project will allow the parade floats to be stored for approximately two months. The structure will be located at the back of the employee parking lot and take up 24 parking spaces. The proposed use does not impact the availability of employee parking as sufficient employee parking will be maintained throughout the duration. Given the site context and the limited timeframe of the proposed use, the benefits of providing storage outweigh the potential disadvantages, and conditions of approval help protect the surrounding community from adverse impacts.
Draft Permit and Conditions
The proposed permit would be subject to conditions of approval as follows:
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22-576 Agenda Date: 5/24/2022
1. Special Permit shall be valid from June 29, 2022 through August 20, 2022; with set-up beginning on June 29, 2022, and breakdown/clean-up to be completed by August 20, 2022;
2. The applicant shall obtain and comply with all applicable Santa Clara Building Division and/or Fire Department directives, permits, and requirements, including but not limited to temporary electrical and tent permits;
3. The applicant shall obtain temporary sign permits for all temporary signs advertising the events;
4. Upon conclusion of the temporary storage tent, the parking lot shall be cleaned and returned to its prior condition; and
5. The use shall operate in a manner that does not create a public or private nuisance.
ENVIRONMENTAL REVIEW
The action being considered is categorically exempt from formal environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15304(e) (Class 4 - “Minor Alterations to Land”) as it consists of “[m]inor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc.”
FISCAL IMPACT
There is no cost to the City other than administrative staff time and expense.
COORDINATION
This report has been coordinated with the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Approve the request of a Special Permit to allow a temporary storage tent at 2401 Agnew Road (Great America Theme Park) from June 29, 2022 through August 20, 2022, subject to conditions.
Reviewed by: Andrew Crabtree, Director of Community Development Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. Development Plans
City of Santa Clara Page 2 of 2 Printed on 5/18/2022
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TEMPORARY TENT
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-481 Agenda Date: 5/24/2022
REPORT TO COUNCIL
SUBJECT
Action on Appointing a City of Santa Clara Bicycle Pedestrian Advisory Committee Member to Serve as the City’s Representative on the Santa Clara Valley Transportation Authority Bicycle Pedestrian Advisory Committee
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
The Santa Clara Valley Transportation Authority (VTA) requests that cities appoint members to the VTA Bicycle and Pedestrian Advisory Committee (VTA BPAC). The VTA BPAC is comprised of one representative from each of the sixteen member agencies, which includes the City of Santa Clara.
VTA BPAC members serve two-year terms starting on July 1 and ending on June 30 of the second year and may serve successive terms.
The VTA BPAC advises the VTA Board of Directors on matters pertaining to funding and planning issues for bicycle and pedestrian projects and serves as the countywide bicycle advisory committee for Santa Clara County. Typical duties involve review of regional plans related to bicycling and walking, review of funding proposals for projects and consideration of specialized issues of regional or cross-jurisdictional significance.
DISCUSSION
The VTA has notified the City that the term for the City’s current VTA BPAC representative, Betsy Megas, will end on June 30, 2022. Therefore, the City must appoint a new VTA BPAC representative.
The City’s VTA BPAC representative must live and/or work in Santa Clara County during their term.
The VTA also requires that the representative be either a member of the City’s BPAC or an individual interested in bicycle or pedestrian issues and not a City or VTA staff person.
At the March 28, 2022 Santa Clara BPAC meeting, the BPAC voted to recommend to Council that member Betsy Megas continue to serve as the City’s VTA BPAC representative. Betsy Megas’ membership on both the City and VTA BPAC facilitates communication between the City and the other member agencies. If appointed, she will serve a term which will end on June 30, 2024.
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 organization or administrative activity that will not result in direct or indirect changes in the environment.
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22-481 Agenda Date: 5/24/2022
FISCAL IMPACT
There is no additional cost to the City other than staff time and expense.
COORDINATION
This report was coordinated with the City Manager’s Office, City Attorney’s Office, and City Clerk’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Appoint the City of Santa Clara Bicycle Pedestrian Advisory Committee member Betsy Megas to serve as the City’s representative on the Santa Clara Valley Transportation Authority Bicycle Pedestrian Advisory Committee.
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Rajeev Batra, City Manager
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-254 Agenda Date: 5/24/2022
REPORT TO COUNCIL
SUBJECT
Adopt a Resolution to: 1) Modify Parking Regulations on Bassett Street for purposes of installing a Class II Bikeway; and 2) Delegate authority to the City Manager or designee to revise parking regulations on Bassett Street between Chestnut Street and George Street as necessary to accommodate Class II Bicycle Lanes
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
Included with the City’s FY 2020/21 & FY 2021/22 Biennial Capital Improvement Program Budget is the Lafayette Bassett Bike Lane Project (Project). A portion of the project includes the installation of bicycle facilities on Bassett Street (Agnew Road to Laurelwood Road). The City’s Bicycle Plan Update 2018 recommends a Class IIIB bikeway (i.e. shared travel lanes and traffic calming measures) on Bassett Street (Agnew Road to Chestnut Street) and Class II bicycle lanes (dedicated striped bicycle lanes) on Bassett Street from Chestnut Street to Laurelwood Road.
Bassett Street currently has two travel lanes (one in each direction) and on-street parking on both sides of the street. During preliminary engineering review, staff decided to study the potential for Class II bicycle lanes from Agnew Road to Laurelwood Road and determined that due to constrained roadway widths, parking removal is necessary to add Class II bicycle lanes on Bassett Street.
Additionally, staff determined that the parking lane on the east side of Bassett Street, which is adjacent to the Union Pacific Railroad line, is typically not heavily parked along a majority of the corridor and that the east side should be studied for potential parking removals.
The potential parking removal along Bassett Street is estimated to be 3,600 feet of the total 6,400 feet in length currently available for parking (Attachment 1). This distance exceeds the authority of the City Manager or designee specified in the City Code related to parking removals (which is only 350 feet), and therefore requires Council approval.
DISCUSSION
Staff completed a parking analysis which consisted of inventorying the number of parking spaces, collecting parking count data, and evaluating the collected data. The constrained portion of Bassett Street, which would require parking removal to accommodate a dedicated bike lane, is from Agnew Road to George Street. Parking counts were collected for this area in July 2021 during the daytime (9 a.m. - 6 p.m.) and late-night period (11 p.m. - 1 a.m.) on a Tuesday, Wednesday, Thursday, and Saturday.
Currently, there are approximately 402 on-street parking spaces within the public right-of-way in the City of Santa Clara Page 1 of 4 Printed on 5/19/2022
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22-254 Agenda Date: 5/24/2022
parking study area. The parking analysis results shown below in Table 1 found that nearly 70 percent of parking spaces were available (i.e. open) during both observation periods for the length of Bassett Street being studied. A map showing the study area and parking availability during the peak demand period (11 p.m. - 1 a.m.) is shown in Attachment 2.
Table 1: Bassett Street Parking Analysis Results
(Agnew Road to George Street)
Bassett Street Segment Parking
Spaces
Percent of Parking Available
9AM-6PM 11PM-1AM
Agnew Rd to Ash St (west side) 14 36% 14%
Agnew Rd to Ash St (east side) 16 44% 19%
Ash St to Beech St (west side) 12 50% 17%
Ash St to Beech St (east side) 21 62% 52%
Beech St to Chestnut St (west side) 9 44% 11%
Beech St to Chestnut St (east side) 21 76% 71%
Chestnut St to Wyatt Dr (west side) 14 64% 64%
Chestnut St to Wyatt Dr (east side) 21 95% 95%
Wyatt Dr to Norman Ave (west side) 60 90% 83%
Wyatt Dr to Norman Ave (east side) 74 91% 91%
Norman Ave to 300-ft south of
Norman Ave (west side)
7 14% 14%
Norman Ave to 300-ft south of
Norman Ave (east side)
12 0% 0%
300-ft south of Norman Ave to
George St (west side)
52 79% 79%
300-ft south of Norman Ave to
George St (east side)
69 74% 71%
Total 402 73% 67%
Generally, parking availability of 20 percent or greater is considered acceptable and minimizes drivers searching for parking. The parking analysis did find parking availability below 20 percent during the late-night periods on the following street segments:
· Agnew Road to Ash Street (west side and east side)
· Ash Street to Beech Street (west side)
· Beech Street to Chestnut Street (west side)
· Norman Avenue to 300 feet south of Norman Avenue (east side and west side) The parking analysis results indicated parking demand on the west side of Bassett Street was generally higher than the east side, which supported staff’s initial determination that parking may be able to be removed on the east side of Bassett Street. Therefore, staff further analyzed the impacts of removing on-street parking and determined that if parking is removed on the east side of Bassett City of Santa Clara Page 2 of 4 Printed on 5/19/2022
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22-254 Agenda Date: 5/24/2022
Street between Agnew Road and Chestnut Street, the west side of Bassett Street is expected to have 0 percent availability (fully parked) and up to 25 vehicles would be forced to park on neighboring streets, which may impact the neighborhood north of Chestnut Street.
Staff also further analyzed the impacts of removing parking on the east side of Bassett Street between Norman Avenue to 300 feet south of Norman Avenue (i.e. dirt area). In this area, staff observed vehicles parking perpendicular to the street and estimate that if parking is removed in this area, the west side of Bassett Street is expected to have 0 to 20 percent availability throughout the day and impact the area between Norman Avenue to 300 feet south of Norman Avenue.
Staff prepared this information regarding the potential for parking removal and presented it at public meetings to obtain input from residents as described below.
Community Outreach and Feedback: The Project was communicated to the public by mailing over 900 notification letters and postcards, hosting two community meetings on December 15, 2021 and March 16, 2022, and posting information on Facebook, Twitter, Instagram, Nextdoor, and the City website.
Throughout this process, staff presented the results of the parking analysis and preliminary staff recommendations to the community. Below is a summary of community feedback:
· Do not remove parking between Agnew Road and Chestnut Street due to impacts to resident parking availability.
· Vehicle speeding is observed on Bassett Street between Agnew Road and Chestnut Street. · Install bike lanes on Bassett Street between Agnew Road and Chestnut Street to provide a continuous facility.
· Consider removing parking during the evening and late-night hours on Bassett Street between Agnew Road and Chestnut Street (similar to parking along a section of Homestead Road in the City of Sunnyvale).
· Consider the installation of parking-protected bicycle facilities along Bassett Street. · Support for the project from the property owner (Hines) of 3508-3510, 3520-3530, 3540-3538 and 3550-3580 Bassett Street based on the project’s multimodal benefits and the anticipated return of employees for the site’s 10 tenants (Attachment 3) · No member of the public objected to removing parking on the east side of Bassett Street between Chestnut Street and George Street.
Staff considered several comments regarding parking removal and installing dedicated striped bicycle lanes between Agnew Road and Chestnut Street. Based on the parking analysis, the removal of on-street parking on Bassett Street from Agnew Road to Chestnut Street may impact parking in the neighborhood.
Staff Recommendation: Based on the parking analysis findings and community input, staff is not recommending parking removals along Bassett Street from Agnew Road to Chestnut Street and is proposing a Class IIIB bikeway (i.e. shared travel lanes and traffic calming measures).
Staff is, however, recommending parking removal on the east side of Bassett Street between Chestnut Street and Norman Avenue and the segment between 300 feet south of Norman Avenue City of Santa Clara Page 3 of 4 Printed on 5/19/2022
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22-254 Agenda Date: 5/24/2022
and George Street so a Class II bikeway (dedicated striped bicycle lanes) can be installed from Chestnut Street to Laurelwood Road. This action will remove 176 parking spaces along 3,600 feet of the east side of Bassett Street, will minimize parking impacts to the residents and businesses along Bassett Street, and implement the recommendations within the City’s Bicycle Plan Update 2018 for Bassett Street. Staff recommends that Council adopt a resolution (Attachment 4) to remove parking in this area.
ENVIRONMENTAL REVIEW
The action being considered is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15301 “Existing Facilities” as the activity consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities mechanical equipment or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agencies determination.
FISCAL IMPACT
There is no fiscal impact with the adoption of this resolution.
COORDINATION
The parking study was presented to the community at two community meetings on December 15, 2021 and March 16, 2022. Additionally, staff presented the Project and parking study to the Santa Clara Bicycle and Pedestrian Committee (BPAC) at the March 28, 2022 meeting.
This report has been coordinated with the City Attorney’s Office, the Fire Department, and the Police Department.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Adopt a resolution to: 1) Modify certain parking regulations on Bassett Street; and 2) Delegate authority to the City Manager or designee to revise parking regulations on Bassett Street between Chestnut Street and George Street as necessary to accommodate Class II Bicycle Lanes.
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. Location Map with Staff Recommendations
2. Parking Availability Map, existing peak demand
3. Letter of support from property owner of 3508-3510, 3520-3530, 3540-3538 and 3550-3580 Bassett Street
4. Resolution
City of Santa Clara Page 4 of 4 Printed on 5/19/2022
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Agnew Road
Montague Expwy
Chestnut St
George St
Laurelwood Rd
Legend Class IIIB bikeway (shared travel lanes
and traffic calming
measures) )
Class II bikeway (dedicated striped bicycle lanes)
Parking Removal
Location Map with Staff
Recommendations
Lafayette/Bassett Bike Lane Project
Norman AveBassett St 6,400 feet
3,600 feet of parking removal on east side
US-101
Central Expwy
AGNEW RD
WYATT DR
NORMAN AVE
GEORGE ST
MONTAGUE EXPY
CHESTNUT ST
NORMAN AVE BASSETT ST
BEECH ST
ASH ST
PM-1AM
PARKING
AVAILABILITY
>50%
30 to 49.9%,
15 to 29.9°/o
<15%
Hines
March 15, 2022
Jonathan Yee
Transportation Manager
Department of Public Works
City of Santa Clara
[email protected]
Dear Mr. Yee:
Hines is the owner of 3506- 3510, 3520 - 3530, 3540 - 3548, and 3550 - 3580 Bassett Street, which includes ~ 420,000 SF of class A office space currently home to 1 O+ tenants, which include the following companies:
• Intevac
• N atron Energy
• Sutter Health
• Cleanpart
• Comtect Xicom
• JD.com
• Pacific Ceramics
• Watlow
• Iron Ox
On behalf of Hines, our tenants listed above, and the hundreds of employees who are assigned to offices at our Bassett Street location, we would like to express our strong support for the City's proposal to install bicycle lanes on Bassett Street (Agnew Road to Laurel wood Road) and Removal of On-Street Parking.
As we cautiously enter what we all hope is the endemic stage of COVID-19, employers of all sizes are finalizing and beginning to implement return-to-office plans with the goal of employees returning to our Bassett Street location with increasing frequency.
Hines has always been a leader in our industry of embracing Transp01iation Demand Management strategies proactively to reduce single occupancy car trips. Climate Change is a very real and extensional threat for all of us and the transportation section contributes significant carbon emissions in California.
As our tenants and their employees return-to-office, Hines is very focused on supporting increased last mile and commute options via bicycle trips.
We applaud the City's commitment to implementing the City of Santa Clara's Bicycle Master Plan and this project specifically. Hines and our tenants are ready to support the City's efforts to make bicycle travel easier and safer in Santa Clara. Please contact me with any questions at [email protected].
7 A. Hirsch
/ Property Management
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Resolution Modifying Parking Regulations on Bassett St. between Chestnut St. and George St. Page 1 of 2 Rev: 11/22/17
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
MODIFYING PARKING REGULATIONS ON BASSETT STREET
BETWEEN CHESTNUT STREET AND GEORGE STREET
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, the City of Santa Clara Bicycle Plan Update 2018 was approved and adopted by the Council on September 24, 2019 as set forth in Council Resolution No. 19-8761; WHEREAS, the installation of Class II Bicycle Lanes on Bassett Street was a recommendation included within the adopted Bicycle Plan Update 2018;
WHEREAS, the City has established certain parking regulations on Bassett Street between Chestnut Street and George Street;
WHEREAS, the City has determined that a modification to the existing parking regulations on Bassett Street between Chestnut and George Street is necessary to accommodate the proposed Class II Bikeway based on the parking analysis findings and community input as further described in Report to Council (RTC) No. 22-254 which is incorporated herein by this reference; and WHEREAS, the City intends to establish new parking regulations on Bassett Street between Chestnut Street and George Street in order to accommodate the installation of Class II Bicycle Lanes based on the findings set forth in RTC No. 22-254.
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That there is hereby established a “No Stopping Anytime” zone along the east side of Bassett Street between Chestnut Street and George Street, except as provided in Section 2 below.
2. Notwithstanding and subject to Section 1. of this Resolution, on-street parking shall remain along the east side of Bassett Street from the south curb of Norman Avenue to a point 320 feet south of the south curb of Norman Avenue.
3. That the City Manager and/or his or her designee, is authorized to modify parking Resolution Modifying Parking Regulations on Bassett St. between Chestnut St. and George St. Page 2 of 2 Rev: 11/22/17
regulations on Bassett Street between Chestnut Street and George Street as needed to accommodate the installation of Class II Bicycle Lanes.
4. Effective date. This resolution shall become effective immediately upon the award of a contract to install and construct Class II Bicycle Lanes on Bassett Street between Chestnut Street and George Street.
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ___ DAY OF _________, 2022, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
ATTEST: ______________________________
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments incorporated by reference:
None
S:\Attorney\RESOLUTIONS\Form Resolution-City.doc
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1496 Agenda Date: 5/24/2022
REPORT TO COUNCIL
SUBJECT
Action on Modifications to P&P 049 Community Grant Policy
COUNCIL PILLARS
Enhance Community Engagement and Transparency
Enhance Community Sports, Recreational and Arts Assets
EXECUTIVE SUMMARY
The Community Grant Policy (Policy) outlines the City’s process for awarding grants to qualifying non -profit community organizations, youth athletic groups or organizations, educational groups or organizations, or individuals, for events, activities, and competitions that provide a public benefit for Santa Clara and its residents.
Per Council’s previous direction to report on policy implementation, staff identified several areas for recommended policy updates. On August 18, 2021, the Economic Development, Communications and Marketing Council Committee (EDCM Committee) staff recommended modifications to the Policy as outlined in the Committee Report (Attachment 2) and highlighted in the Discussion section of this report. Modifications to the Policy are intended to provide more clarification for potential grantees and staff.
The EDCM Committee approved staff recommendation to forward policy modifications as proposed by staff to the full Council for its consideration.
BACKGROUND
Community grants are available to qualifying groups at a maximum amount of $10,000 per applicant, per year. To receive grant funds, grant applications must be submitted at least ninety (90) days before the planned event/activity being funded. Grants for attendance at youth state, national, or international competitions or performances (formerly Championship Team Fund) can be submitted within one week of advancing to such competitions and are limited to no more than 20% of the cost of eligible expenses defined as registration, hotel, transportation, and food for participants and coaches/chaperones.
Community Grant Program
For most non-profit and community groups, the Community Grant Program is the sole source of any City grant funds that they receive. The grants are intended to provide Santa Clara organizations with City assistance to produce events for the Santa Clara community. The City began accepting applications for Community Grants on October 1, 2018. Since the launch of the Community Grant Program, the City has received applications for various types of events and activities, including cultural events, social impact summits, fun runs, competitions, flower shows, car shows, meetings, City of Santa Clara Page 1 of 6 Printed on 5/19/2022
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and fundraising events.
General Events and Activities - The Policy requires applicants for a general event or activity that is not related to attendance at a youth competition or performance to demonstrate that the event or activity being funded by the City’s grant will satisfy the following eligibility criteria:
· Provides a benefit to Santa Clara residents
· Contributes positively to the recognition and image of the City of Santa Clara · If the grant is for an event, then the event will be open to the general public and does not discriminate on the basis of race, gender, religion, sexual orientation, or any other protected characteristic under state or federal law
· Aligns with established Council goals
· Grant funds will not be used for political or religious purposes · If the event or activity is a fundraising event, that the proceeds from the fundraising activity will support programs, services or events for residents of the City of Santa Clara Youth-related Performances and Competitions
P&P 014 Funding Requests - Championship Teams/Individuals was rescinded when Council adopted P&P 049 Community Grant Policy, which merged P&P 014 and a draft Sponsorship Policy into a single policy for grant requests. Many of the guidelines and criteria for individual and group attendance at a youth competition or performance are identical to those in the rescinded P&P 014 Funding Requests - Championship Teams/Individuals.
The Policy requires individuals or groups applying for a grant to attend a youth state, national, or international competition or performance to demonstrate that the activity being funded by the City’s grant will satisfy the following criteria:
· Funding the activity provides a benefit to Santa Clara residents, students or schools · Contributes positively to the recognition and image of the City of Santa Clara · Aligns with established Council goals
· Grant funds will not be used for political or religious purposes · The grant funds requested will only be used for a specific state, national, or international title or performance
· The grant funds requested do not exceed 20% of the allowable expenses (registration, hotel, transportation, and food) and comport with the other requirements stated in the application · Individuals, teams or groups should either be from Santa Clara schools or have at least 50% of the students from the teams or groups be residents in the City of Santa Clara · The student-to-coach/chaperone ratio is six students to one coach/chaperone The adopted FY 2021/22 and FY 2022/23 biennial budget consolidated the Community Grants Program and Championship Teams budgets. During the June 22, 2021 budget adoption, City Council approved the reallocation of $10,000 from the Community Grants Program to the Santa Clara Ballet, bringing the total Community Grants/Championship Teams budget to $90,000.
Per Council’s previous direction to report on policy implementation, staff identified several areas for recommended policy updates.
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DISCUSSION
On August 18, 2021, the Economic Development, Communications and Marketing Committee (Committee) voted (3-0) to approve staff recommended modifications to the Community Grant and forward the proposed amended version of the policy to the full Council for consideration. The Committee requested additional information at a future Committee meeting to discuss other grants such as the Cultural Commission grants, Santa Clara Sister Cities Association grant and Triton Museum Grant as well as information on the No Fee Parade Permit program. Due to staffing impacts, materials for this discussion have not been generated and an EDCM Committee meeting has not occurred.
Proposed Community Grant Policy Changes
Define Allowable Expenses as City Permits, Fees and Services, Venue, Food and Beverage, Trash/Recycling, and Stage/Tents Rentals -The Policy already limits the types of reimbursable expenses for attendance at a youth state, national, or international competition or performance to (no more than 20% of) the costs of registration, hotel, transportation and food for participants and coaches/chaperones only. The proposed Policy update defines allowable expenses as costs associated with: City permits, fees, and services; venue rental; food and non-alcoholic beverage; permits issued by other government agencies trash and recycling; and rental of staging and tents.
These items are typically the most costly expenses associated with an event/activity.
Limit the Amount of Grant Funds for Food and Beverage - The proposed Policy update limits the amount of grant funds that can be used on this expense category. Staff recommends setting a cap of fifteen percent (15%) of the total grant amount (for a maximum of $1,500) as the limit per event/activity being funded.
Require Grantees to Refund City Any Unspent Grant Funds - The current Policy requires that grantees, regardless of the type of activity, submit proof that all approved expenses were incurred to the City Manager’s Office within thirty (30) days after the competition. In some cases, the applicant may not be able to spend full amount of awarded grant funds on approved expenses and therefore have a balance of unspent grant funds after staff reviewed submitted proof of receipts. This has already occurred for two events and staff has requested those organizations to reimburse the City for the amount of unspent grant funds. For these reasons, staff recommends including language in the policy that requires grantees to return any unspent grant funds to the City within 30 days after completion of the audit.
Provide the City with the Ability to Audit - The current Policy doesn’t provide the City the ability to audit applicants’ records beyond the time that they submit proof of receipts for allowable expenses.
There may be instances when the City would need to audit previous grant records to ensure that grant funds were spent in the manner and for the purposes stated in the approved application. Staff recommends updating the policy to enable to City to audit books and records of applicants for up to four (4) years from the date of disbursement of grant funds. Similar language is already included in the City’s grant agreements with community organizations.
Restrict the Location of General Events and Activities to Santa Clara - The current Policy doesn’t restrict where general events and activities are held and only states that “If the grant is for an event, then the event will be open to the general public and does not discriminate on the basis of race, gender, religion, sexual orientation, or any other protected characteristic under state or federal City of Santa Clara Page 3 of 6 Printed on 5/19/2022
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law.” Several community groups have already submitted applications for events held outside of Santa Clara. While many of those applicants couldn’t clearly explain how their event located outside of Santa Clara would directly benefit Santa Clara residents and were therefore denied grant funding, the lack of policy language that requires the funded event to be held in Santa Clara is misleading to community groups in the general South Bay and Peninsula region that are looking for general support through grant funding. Without this amendment to the policy, the City will continue to receive grant requests for events held outside of Santa Clara.
Staff recommends including a requirement that the event or activity being funded must be held within Santa Clara as part of the eligibility criteria. This amendment would allow for a restriction on virtual events and will ensure events and activities being funded are open to the general public in Santa Clara, and therefore directly benefits Santa Clara residents, and will avoid misleading community groups that wish to hold events outside of Santa Clara with the City’s assistance.
The following recommended policy changes apply to both general events and activities and attendance at a youth state, national, or international competition or performance:
Limit Advance Submittal of Applications to Six Months - The Community Grant Policy requires that grant applications be submitted at least ninety (90) days prior to the event/activity being funded but doesn’t limit how far in advance an individual or organization can submit their application. As result, the City Manager’s Office has received requests up to eleven months in advance of the planned event/activity being funded. Without setting a time constraint for advance application submittal, applicants can submit grant requests for events/activities scheduled years out. It is challenging from an accounting perspective because permit and facility costs are subject to change at the start of every fiscal year and the funding for Community Grants is subject to budget appropriations. For example, the City received several grant applications in FY 2018/19 for events/activities that were scheduled nine or more months in the future, so their approvals were based on FY 2018/19 estimates for City permits, facilities, and staffing costs that were subject to change with the FY 2019/20 municipal fee schedule. The processing of grants for non-City related costs for events scheduled more than six months in advance also presents a potential liability to the City with grantees in possession of grant funds many months ahead of their scheduled event. Staff recommends updating the Policy to limit application submittals up to six months prior to the event or activity being funded to ensure that there is sufficient funding for the grants and to allow for a more competitive process.
Limit Eligibility to Competitive Grantees - The Policy currently doesn’t prevent organizations that currently receive annual grant funding from the City from applying for additional grant funds. Miss Santa Clara Scholarship Organization and Santa Clara Sister Cities Association are examples of non -profits that have previously received both annual funding from the City to support their programming and grant funds through the Community Grant Program.
Miss Santa Clara Scholarship Organization’s annual funding for FY 2018/19 totaled $12,000 and the organization received an additional $5,185 in funding through the Community Grant Program to fund the use of the Mission City Center for Performing Arts for competition rehearsals and their Miss Santa Clara and Miss Santa Clara’s Outstanding Teen Competition event on January 19, 2019. Santa Clara Sister Cities Association’s annual funding for FY 2018/19 totaled $5,659 and the organization received an additional $2,533 to cover expenses for their February 9, 2019 Afternoon Tea event.
Funds provided by the City to support community organizations should be covered in the City’s City of Santa Clara Page 4 of 6 Printed on 5/19/2022
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annual agreements with organizations so that their total grant amount is transparent and reflective of what they are receiving from the City.
Staff recommends limiting eligibility to groups that do not receive separate annual funding from the City during the fiscal year that their event is scheduled in. This amendment will ensure that the City’s grant processes for community and non-profit organizations remains transparent and City grant funds are not used for the same event or programming.
Ability to Consider Previous Event/Activity’s Success and Prior Ability to Meet Policy Requirements/Obligations for Reoccurring Applicants - Since launching the Community Grant Program, the City has received requests from both new and reoccurring applicants and anticipates that there will be an increase in requests as more non-profit and community organizations in the area become aware of the City’s new Community Grant program. As the grant process becomes more competitive, it would be helpful to provide staff with more discretion to approve or deny a request.
The Policy currently allows the City Manager’s Office to approve and deny an applicant’s request based on the eligibility criteria described in the Community Grant Policy and/or if there is a potential or appearance of a conflict of interest. There are no other guidelines that allow the City Manager’s Office additional discretion to deny future grant requests.
Applicants that receive grant funds from the City tend to reapply in the future. These events are not always successful in meeting their projected attendance (i.e., actual attendance is a very small fraction of the projection); outside fundraising goals (and therefore city funds are used for generally ineligible expenses), or the grantee could not meet the requirements of the policy (e.g. submit appropriate receipts). However, the current policy does not allow the City Manager’s Office to consider these factors and potentially deny such requests.
Staff recommends including language in the policy that allows the City Manager’s Office to consider an event or activity’s past success, defined by measures such as ability to meet attendance and/or fundraising projections, and the organization’s previous ability to meet policy requirements before approving or denying a grant request for reoccurring grantees. This change will allow the City to ensure that grant funds are used to support events and activities that benefit Santa Clara and its residents and promote a standard of fiscal responsibility among grantees.
Require Grantees to Report on Funded Events/Activities - The Policy doesn’t require grantees to submit anything but proof that the grant funds were spent in the manner and for the purposes stated on the application within 30 days after a general event/activity and proof of all allowable expenses actually incurred, as well as allocation of grant funds, within 30 days after the competition. Grantees currently don’t share information about their events, which in turn makes it difficult to understand the value of the City’s investment of funds for the benefit of Santa Clara. For these reasons, the recommended policy modification would require grantees to submit a post-event report within 30 days of a funded activity includes a summary of the actual event, attendance numbers, any challenges that the grantee encountered while planning the event or the day of the event, and areas for improvement.
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 City of Santa Clara Page 5 of 6 Printed on 5/19/2022
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in the environment.
FISCAL IMPACT
There is no fiscal impact associated with the approval of the recommended action.
The adopted FY 2021/22 and FY 2022/23 biennial budget consolidated the Community Grants Program and Championship Teams budgets. During the June 22, 2021 budget adoption, City Council approved the reallocation of $10,000 from the Community Grants Program to the Santa Clara Ballet, bringing the total Community Grants/Championship Teams budget to $90,000.
COORDINATION
This report has been coordinated with the City Attorney’s Office, Finance, and Parks and Recreation Departments.
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] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
ALTERNATIVES
1. Approve Amended Council Policy 049 (“Community Grant Policy”)
2. Do not approve Amended Council Policy 049 (“Community Grant Policy”)
3. Any other Council direction.
RECOMMENDATION
Alternatives 1: Approve Amended Council Policy 049 (“Community Grant Policy”).
Reviewed by: Ruth Mizobe Shikada, City Manager’s Office Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. P&P 049 Community Grant Policy
2. RTC No. 21-1129 Report Uploaded as Post Meeting Material
3. Proposed Amended Council Policy 049 Community Grant Policy (Redline Version)
4. Proposed Amended Council Policy 049 Community Grant Policy (Clean Version) City of Santa Clara Page 6 of 6 Printed on 5/19/2022
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City of Santa Clara
Council Policy Manual
COMMUNITY GRANT POLICY
Adopted 9/18/2018 P&P 049 Page 1 of 3
Resolution No. 18-8605
PURPOSE
POLICY
To establish a standardized process to award grants to qualifying nonprofit community organizations, youth athletic groups or organizations, educational groups or organizations, or individuals, for events, activities, and competitions that provide a public benefit for the City of Santa Clara and its residents.
Annually, and subject to availability of funds, the City Council shall establish grant appropriation(s) as part of the approval of the budget.
Community grants, subject to availability of funds, shall not exceed $10,000 per applicant, per year. To receive grant funds, grant applications must be submitted at least ninety (90) days before the planned event/activity being funded, regardless of the form of the grant, and will be evaluated by the City Manager’s Office on a case-by-case and “first come-first served” basis, throughout the fiscal year. Applicants are encouraged to submit their applications at the beginning of the fiscal year, for events or activities occurring at any time during that fiscal year, to maximize opportunity for availability of funds.
The City Manager’s Office shall approve or deny an applicant’s request based upon the eligibility criteria set forth below, and subject to funding availability as approved by the City Council through the adoption of the annual budget. Grants for community events shall not be provided for waiver of or reimbursement for already discounted permit fees.
Grants for attendance at youth state, national, or international competitions or performances shall be limited to costs of registration, hotel, transportation and food for participants and coaches/chaperones only. Due to short notice to advance to state, national, or international competitions, applicants shall submit an application within one week of advancing to such competitions.
In all cases, the City reserves the right to reject any and all applications in the event the City Manager’s Office identifies a potential conflict of interest or the appearance of a conflict of interest. Submission of an application in no way obligates the City to award a grant and the City reserves the right to reject any or all applications, wholly or in part, at any time, without penalty.
COMMUNITY GRANT POLICY (cont.)
Adopted 9/18/2018 P&P 049 Page 2 of 3
Resolution No. 18-8605
ELIGIBILITY
CRITERIA
In addition to a timely and complete application, the applicant must demonstrate that the event or activity being funded (other than competition funding, described below) by the City’s grant will satisfy all of the following criteria:
a) Provides a benefit to Santa Clara residents
b) Contributes positively to the recognition and image of the City of Santa Clara
c) If the grant is for an event, then the event will be open to the general public and does not discriminate on the basis of race, gender, religion, sexual orientation, or any other protected characteristic under state or federal law
d) Aligns with established Council goals
e) Grant funds will not be used for political or religious purposes f) If the event or activity is a fundraising event, that the proceeds from the fundraising activity will support programs, services or events for residents of the City of Santa Clara
If the activity being funded is individual or group attendance at a youth competition or performance, then the applicant must demonstrate that the activity being funded by the City’s grant will satisfy all of the following criteria:
a) Funding the activity provides a benefit to Santa Clara residents, students or schools
b) Contributes positively to the recognition and image of the City of Santa Clara
c) Aligns with established Council goals
d) Grant funds will not be used for political or religious purposes e) The grant funds requested will only be used for a specific state, national, or international title or performance
f) The grant funds requested do not exceed 20% of the allowable expenses (registration, hotel, transportation, and food) and comport with the other requirements stated in the application g) Individuals, teams or groups should either be from Santa Clara schools or have at least 50% of the students from the teams or groups be residents in the City of Santa Clara
h) The student-to-coach/chaperone ratio is six students to one coach/chaperone
COMMUNITY GRANT POLICY (cont.)
Adopted 9/18/2018 P&P 049 Page 3 of 3
Resolution No. 18-8605
PROCEDURE 1. City Council approves an annual budget item for City grants, to be administered by the City Manager’s Office
2. Applicants submit timely and complete grant applications to the City Manager’s Office for review
3. City Manager’s Office reviews application for compliance with eligibility criteria and availability of funds. City Manager may seek additional information from applicant as necessary.
4. If an application is approved by the City Manager’s Office, then the approved application marked accordingly shall be transmitted to the applicant with additional instructions, if any.
5. If an application is not approved by the City Manager’s Office, the City Manager shall notify the applicant in writing.
6. If the applicant has received a grant for an event/activity other than competition attendance, then applicant shall submit proof that the grant funds have been spent in the manner and for the purposes stated on the application within thirty (30) days after the event/activity.
7. If the applicant has received a grant for competition attendance, then proof of all allowable expenses actually incurred, as well as allocation of grant funds, shall be submitted to the City Manager’s Office by the applicant within thirty (30) days after the competition.
8. If an applicant makes a grant request directly to a member of the City Council, whether individually or as a group, the Council shall refer the applicant to the City Manager’s Office for application and review in accordance with this policy.
9. Staff shall report any distributions in accordance with applicable tax law.
Attachment: City of Santa Clara Community Grant Application RESOLUTION NO. 18-8605
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
ADOPTING A COMMUNITY GRANT POLICY AND RESCINDING
P&P 014 FUNDING REQUESTS — CHAMPIONSHIP
TEAMS/INDIVIDUALS
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, establishing a policy on community grants will provide guidelines for the application and evaluation of grant requests submitted by non-profit organizations, athletic groups or organizations, educational groups or organizations, or individuals, for events, activities, and competitions;
WHEREAS, establishing the Community Grant policy will help ensure that community grants will be awarded to qualifying organizations or groups in conformance with the outlined eligibility criteria in the policy;
WHEREAS, the Community Grant policy details the process for athletic groups and organizations to apply for grants and thus will replace P&P 014 Funding Requests — Championship Teams/Individuals;
WHEREAS, the Community Grant policy, attached hereto as Attachment 1, provides guidance for evaluating community grant application submissions and establishes a standardized process to award grants to qualify non-profit organizations, athletic groups or organizations, educational groups or organizations, or individuals, for events, activities, and competitions that provide a public benefit for the City of Santa Clara and its residents.
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
That the Community Grant Policy, 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.
Resolution/Adoption of Community Grant Policy Page 1 of 2 Rev: 8/31 /18
2. That P&P 014 Funding Requests —Championship Teams/Individuals is hereby rescinded.
3. Effective date. This resolution shall become effective immediately
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 18th DAY OF SEPTEMBER, 2018, BY THE FOLLOWING VOTE:
AYES: COUNCILORS: Kolstad, Mahan, O'Neill, and Watanabe and Mayor Gillmor
NOES: COUNCILORS: None
ABSENT: COUNCILORS: Davis
ABSTAINED: COUNCILORS: None /,,
i ;~
ATTEST:; -•. ~' ~ % ~ ~ ~-
JENNIFER YAMAG MA
ACTING CITY CLERK
CITY OF SANTA CLARA
Attachments incorporated by reference:
1. Community Grant Policy
2. P&P 014 Funding Requests —Championship Teams/Individuals Resolution/Adoption of Community Grant Policy Page 2 of 2 Rev: 8/31 /18
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
21-1129 Agenda Date: 8/18/2021
REPORT TO ECONOMIC DEVELOPMENT, COMMUNICATIONS, AND MARKETING
COMMITTEE
SUBJECT
Action on Recommended Modifications to P&P 049 Community Grant Policy and Request for Direction on Alternative Grant Processes and No-Fee Parade Permits
EXECUTIVE SUMMARY
The Community Grant Policy (Policy) outlines the City’s process for awarding grants to qualifying non-profit community organizations, youth athletic groups or organizations, educational groups or organizations, or individuals, for events, activities, and competitions that provide a public benefit for the City of Santa Clara and its residents. Staff is recommending that the Committee review staff’s recommended amendments to the Policy to provide staff and grantees more clarification on policy guidelines and forward the amended Policy to the full Council for consideration.
Staff is also requesting direction from the Committee on alternative grant processes, such as the Cultural Commission’s annual grant process, non-competitive grant process, and to identify a funding source for the No-Fee Parade Permit.
BACKGROUND
Santa Clara has a long history of supporting non-profit and community organizations. On September 18, 2018, the City Council approved P&P 049 Community Grant Policy (hereinafter referred to as “Council Policy (CP) 49 Community Grant Policy”) ( Attachment 1) to establish a standardized process to award grants to qualifying non-profit community organizations, youth athletic groups or organizations, educational groups or organizations, or individuals, for events, activities, and competitions that provide a public benefit for the City of Santa Clara and its residents. Community grants are available to qualifying groups at a maximum amount of $10,000 per applicant, per year. To receive grant funds, grant applications must be submitted at least ninety (90) days before the planned event/activity being funded. Grants for attendance at youth state, national, or international competitions or performances (formerly Championship Team Fund) can be submitted within one week of advancing to such competitions and are limited to no more than 20% of the cost of eligible expenses defined as registration, hotel, transportation, and food for participants and coaches/chaperones.
Prior to the adoption of the Policy, non-profit and community organizations requesting financial assistance from the City may have participated in: the Cultural Commission’s annual grant process; the City’s Championship Team Fund process; submitted a grant request directly to the City Manager’s Office; or submitted a written petition to Council for grant consideration.
The Policy has significantly streamlined and standardized how the City awards grants to non-profit and community groups by allowing grant requests to be approved administratively. However, there City of Santa Clara Page 1 of 12 Printed on 8/16/2021
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are two additional grant processes that remain separate from the Community Grant Policy and its guidelines. Staff is requesting feedback and direction from the Committee on these alternative grant processes and to identify a funding source for the No-Fee Parade Permit.
Cultural Commission’s Annual Grant Process
The Cultural Commission operates a separate annual grant process to support Santa Clara-based cultural organizations with funding for cultural performances and programming. Applicants that meet the grant eligibility criteria and submit a comprehensive application (Attachment 2), which includes the non-profit’s operational budget, are invited to present their request to the Cultural Commission.
The Commission then recommends a grant amount for the non-profits whose programming they approve in the Commission’s proposed budget for the upcoming fiscal year. Once the City’s operating budget is approved, the City enters into a grant agreement with the approved non-profits for the upcoming fiscal year. The following organizations received grants through the Cultural Commission’s grant process in FY 2018/19 and FY 2019/20:
FY 2018/19
Santa Clara Ballet $10,000
Santa Clara Chorale $5,000
Santa Clara Players $5,850
FY 2019/20
Santa Clara Ballet $5,000
Santa Clara Chorale $5,000
Santa Clara Players $6,000
Art Forum $3,000
The awarded grant is used to support cultural performances and programming that meet the Community Grant Policy’s original and proposed eligibility criteria for general events and activities.
However, the expenses being paid for with the Cultural Commission’s grant are usually for non-City permits, fees, and services like staffing and production costs.
The FY 2021/22 and FY 2022/23 biennial operating budget eliminates $10,850 in ongoing funding for Cultural Commission’s grants. The program is currently suspended, with the exception of $10,000 for the Santa Clara Ballet, as approved by the City Council during the adoption of the FY 2021/22 and FY 2022/23 Biennial Operating Budget on June 22, 2021.
Non-Competitive Grant Processes
Santa Clara-based non-profit organizations such as Santa Clara Sister Cities Association (SCSCA), and Triton Museum of Art (Triton), follow a non-competitive grant process, in which they submit their request for annual funding to the City Manager’s Office for consideration. Grant funding has been included as line items under the Non-Departmental section of the City’s biennial Operating Budget.
Below is more information about the organizations:
Santa Clara Sister Cities Association - SCSCA promotes bringing different cultures together by organizing cultural exchanges between Santa Clara students and students from Santa Clara’s three Sister Cities. SCSCA receives an annual grant from the City through a City of Santa Clara Page 2 of 12 Printed on 8/16/2021
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contribution agreement to support activities related to cultural exchanges with the City’s Sister Cities. As part of its FY 2019/20 grant agreement with the City, SCSCA was required to provide exchange programs to send and receive students in conjunction with the City’s Sister Cities, acknowledge the City as a donor/supporter of SCSCA’s activities in all publicity and promotional materials, and provide quarterly reports detailing exchange program activities.
SCSCA’s contribution amount for FY 2019/20 totaled $10,320, of which $5,659 was granted through the annual grant and $4,661 in additional funding through the Community Grant Program for its February 9, 2020 Afternoon Tea fundraiser. In FY 2018/19, SCSCA received a total of $8,192, of which $5,659 was granted through the annual grant and $2,533 in additional funding through the Community Grant Program for its February 9, 2019 Afternoon Tea fundraising event.
Triton Museum of Art - The Triton collects and exhibits contemporary and historical works with an emphasis on artists of the Greater Bay Area. The Triton moved to its current location on City-owned property in 1967. As part of its Lease and Operation Agreement with the City, the Triton is responsible for maintaining and operating the public museum and other buildings on the property and safekeeping the City’s collection of art. The City is responsible for maintaining the exterior of the buildings on the property and providing certain in-kind services.
As part of its grant agreement with the City, the Triton Museum is responsible to provide, among other outcomes, quality art exhibitions, events and educational programs for the community; community outreach programs targeted towards art education for families and school children; and a qualified museum staff member to serve as a juror for City-sponsored art competitions. Triton’s grant for FY 2020/21 totaled $295,560. In response to the City’s current fiscal condition, the City’s contribution was reduced by $29,600, one-time in FY 2021/22 and FY 2022/23. To date, the Triton has not received additional funding through the Community Grant Program.
Community Grant Program
For most non-profit and community groups, the Community Grant Program is the sole source of any City grant funds that they receive. The City began accepting applications for Community Grants on October 1, 2018. Since the launch of the Community Grant Program, the City has received applications for various types of events and activities, including cultural events, social impact summits, fun runs, competitions, flower shows, car shows, meetings, and fundraising events. The City Council originally approved $100,000 for regular community grants and $36,000 for youthrelated performances and competitions and directed staff to check in on the implementation. The adopted FY 2021/22 and FY 2022/23 biennial budget consolidates the Community Grants Program and Championship Teams budgets and reduces overall funding of $40,000. During the June 22, 2021 budget adoption, City Council approved the reallocation of $10,000 from the Community Grants Program to the Santa Clara Ballet, bringing the total Community Grants/Championship Teams budget to $90,000.
General Events and Activities - The Policy requires applicants for a general event or activity that is not related to attendance at a youth competition or performance to demonstrate that the event or activity being funded by the City’s grant will satisfy the following eligibility criteria:
· Provides a benefit to Santa Clara residents
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· Contributes positively to the recognition and image of the City of Santa Clara · If the grant is for an event, then the event will be open to the general public and does not discriminate on the basis of race, gender, religion, sexual orientation, or any other protected characteristic under state or federal law
· Aligns with established Council goals
· Grant funds will not be used for political or religious purposes · If the event or activity is a fundraising event, that the proceeds from the fundraising activity will support programs, services or events for residents of the City of Santa Clara In FY 2018/19, eleven organizations received a total of $78,776 in community grant awards, of which 48% was used to pay City permits, fees and services (Attachment 3).
In FY 2019/20, at the time of writing this report, eleven organizations received a total of $85,473, of which 57% was used to pay City permits, fees and services (Attachment 4).
In FY 2020/21, the Community Grant Program for special events was suspended due to the COVID19 Pandemic. Council approved a $15,000 community grant for the virtual Santa Clara Parade of Champions and $10,000 for virtual 2020 Firehouse Run.
Per Council’s direction to report on policy implementation, staff has identified several areas for recommended policy updates.
Youth-related Performances and Competitions
P&P 014 Funding Requests - Championship Teams/Individuals was rescinded when Council adopted the Community Grant Policy, which merged P&P 014 and a draft Sponsorship Policy into a single policy for grant requests. Many of the guidelines and criteria for individual and group attendance at a youth competition or performance are identical to those in the rescinded P&P 014 Funding Requests - Championship Teams/Individuals.
The Policy requires individuals or groups applying for a grant to attend a youth state, national, or international competition or performance to demonstrate that the activity being funded by the City’s grant will satisfy the following criteria:
· Funding the activity provides a benefit to Santa Clara residents, students or schools · Contributes positively to the recognition and image of the City of Santa Clara · Aligns with established Council goals
· Grant funds will not be used for political or religious purposes · The grant funds requested will only be used for a specific state, national, or international title or performance
· The grant funds requested do not exceed 20% of the allowable expenses (registration, hotel, transportation, and food) and comport with the other requirements stated in the application · Individuals, teams or groups should either be from Santa Clara schools or have at least 50% of the students from the teams or groups be residents in the City of Santa Clara · The student-to-coach/chaperone ratio is six students to one coach/chaperone In FY 18/19, five athletic groups and youth organizations received a total of $23,148 in Championship Team Fund (Attachment 3). In FY 2019/20, two athletic groups and youth organizations were City of Santa Clara Page 4 of 12 Printed on 8/16/2021
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awarded a total of $12,163 (Attachment 4). However, one of the groups did not utilize the grant funds as the performance was cancelled due to COVID-19 Pandemic.
Staff has identified several areas for recommended policy updates.
No-Fee Parade Permits
When City Council adopted the Community Grant Policy, it also adopted Resolution 18-8606, which approved a No-Fee Parade Permit for Santa Clara non-profits organizations for up to a total of five parades on an annual basis (Attachment 5). Parades approved under the No-Fee Parade Permit are restricted to an estimated maximum of 1,000 attendees per parade.
The No-Fee Permit is intended to cover City permits and fees associated with a parade, such as the Special Event Application fee, street closure, traffic control, amplified sound, and police services.
No funding source was identified when the No-Fee Parade was adopted, instead the impact was to be absorbed by departments issuing permits and providing services with the intent that future budgets would be developed if needed.
Since the No-Fee Parade Permit was adopted, five parades were issued No-Fee Parade Permits.
The current estimated cost of City-related permits and fees absorbed by departments under No-Fee Parade Permit is approximately $1,039 - $1,151. This total only covers the cost of fees, permits, and services and does not include staffing costs to review the applications, issue permits, and coordinate the parade. A cost that has not been fully analyzed is the cost associated with traffic control for the parades.
It should be noted that funding for the Parade of Champions event was not authorized under the NoFee Parade Permit program. Instead, $71,000 of funding was authorized by separate Council action in March 2019 for several reasons. First, it was thought that the Parade might attract more than 1,000 participants/attendees and secondly, the Parade of Champions requested City staff support for general coordination and marketing efforts which are beyond the No-Fee Parade program. Given the level of review/permitting and intensity of staffing resources of the Parade of Champions event, separate Council action was requested and has been requested subsequently.
The City Manager’s Office, Parks and Recreation Department and Finance Department have been working to capture and include the full cost of a No-Fee Parade Permit, in the Municipal Fee Schedule. Potential funding sources for the No-Fee Parade Permit will be discussed in the Discussion section.
Parades Only
Fee/Permit/Service Department Cost
Special Event Permit Application
Amplified Sound2 Traffic Control
Hanging of Flags3
Parks & Recreation
Finance Police SVP Staff
Time SVP Equipment
$26 $71 $188- $300
$422 $332
Total Estimated Cost $1,039 - $1,151
1Based on FY 20/21 Municipal Fee Schedule
2Range of actual costs for parades in 2019 ranging from 12-20 hours total per parade. Costs associated with City of Santa Clara Page 5 of 12 Printed on 8/16/2021
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Police and Traffic Control were not separately coded and therefore not captured 3Approximate costs for eight (8) hours of staff time. Total cost for four (4) hours equipment cost for a Lamp Lighter at $83.00 per hour. Costs do not include recovery fees that would typically be charged to customers that do not fall under the No-Fee Parade.
DISCUSSION
The Community Grant Policy issues for general and activities and for both general events and activities and youth-related performances and competitions that were briefly highlighted in the section will be discussed in more detail along with staff’s proposed amendments. These proposed amendments aim to further streamline the City’s grant process for staff and grantees, ensure that the events and activities being funded benefit Santa Clara and its residents, and increase transparency and fairness. The City’s alternative grant processes and potential No-Fee Parade Permit funding sources will also be discussed in further detail. Staff is requesting direction from the Committee on both topics.
Community Grant Policy
The following issues have been identified for general events and activities:
· Allowable Expenses: The Policy doesn’t define allowable expenses for general events and activities.
· Location of Funded Events and Activities: The Policy doesn’t restrict where general events and activities are held. The policy only states that “If the grant is for an event, then the event will be open to the general public and does not discriminate on the basis of race, gender, religion, sexual orientation, or any other protected characteristic under state or federal law.” Staff recommends the following amendments be made to the Policy as they pertain to general events and activities:
Define Allowable Expenses as City Permits, Fees and Services - Prior to the adoption of the Policy, non-profit and community organizations that requested support from the City mainly requested financial assistance with City permits, fees, and services. When Council approved the Policy, the general intent was to help facilitate City permitting and service costs for non-profit and community organizations. However, because the Policy doesn’t restrict the types of expenses that can be covered by grant funds for general events and activities, groups are now requesting financial assistance for a wide range of non-City related expenses for their events and activities. Examples of non-City related expenses that groups have requested City support for include, but are not limited to, non-City owned venues, food and beverage, entertainment, rental of stage/tents, staffing costs, raffle and grand prizes, t-shirts, marketing and promotional items, cooking utensils, and decorations. In general, staff has approved grant funds to be spent on event venues, food and non-alcoholic beverages, entertainment, rental of stage/tents, decorations, and miscellaneous equipment.
Cities that have or have had sponsorship or grant policies have typically either limit their grant funds to cover city permits and fees exclusively or limit the percentage of expenses their grant funds will cover for an event. Examples include the cities of Hermosa Beach, San Jose, and Hayward. The City of Hermosa Beach limits its support for special events to City permits while the City of San Jose provides grants for festivals, parades, and celebrations but limits funding to no more than 50% of the City of Santa Clara Page 6 of 12 Printed on 8/16/2021
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proposed event’s expenses. San Jose’s application states that “grant awards are intended to serve as partial support for events” and “grant awards will usually be significantly less” than the 50% maximum. The City of Hayward’s Fee Reduction, Waiver, and Sponsorship Policy for Special Events allows the city to either waive or reduce 50% of the total costs of encroachment permits and facility fees for eligible organizations and events and/or sponsor $1,000 or 50% of total costs for eligible events.
The Community Grants and Championship Team Funds Summary Table (Attachments 3 & 4) summarizes final grant amounts approved by the City, the anticipated event/activity budgets that grantees submitted as part of their grant application packets, the percentage of event expenses that were covered by City grant funds based on the anticipated budgets the grantees submitted, and the amount and percentage of grant that were used or will be used on City permits, fees, and services.
The table shows the following statistics:
· In FY 2019/20, 65% of anticipated event expenses was covered by grant funds, compared to 73% in FY 18/19. This does not include the events for which the grantee did not submit complete event budgets as part of their application.
· In FY 2019/20, 57% of the grant funds were used to pay City permits, fees and services, compared to 48% in FY 18/19.
· In FY 2018/19, there was a total of $21,224 funds remaining out of the $100,000 allocated for Community Grants.
After a grant request is approved, staff in the City Manager’s Office coordinates with other departments to permit and service the event and transfer funds to reimburse departments for the cost of any permits and services. The issuance of grant funds for non-City permits, fees, and services requires additional staffing from the City Manager’s Office and Finance Department to coordinate the following: setting the grantee up as a vendor in the City’s financial system, submitting an Accounts Payable packet for payment, processing and issuing a check, tracking the date of event, requesting for itemized receipts for approved expenses after the event, and auditing the submitted receipts.
Limiting grant funds for only City permits, fees, and services will eliminate these additional steps for staff.
For these reasons, staff recommends defining eligible expenses that can be covered with grant funds as City permits, fees, and services. This amendment is consistent with the City’s past practice, the City’s current practice for awarding grants for attendance at a youth state, national, or international competition or performance, and other cities’ grant policies for special events. Additionally, the amendment will streamline the grant process by eliminating additional steps.
However, if the Council decides not to limit eligible expenses to only City permit, fees, and services, the following amendments to the policy should be considered: 1) define eligible expenses, 2) limit the amount of grant funds that can be used on food and beverage, 3) require grantees to refund the City any unspent grant funds, and 4) provide the City the ability to audit grantees’ records.
Define Allowable Expenses as City Permits, Fees and Services, Venue, Food and Beverage, Trash/Recycling, and Stage/Tents Rentals - In the case that the Council decides not to limit allowable expenses to only City permits, fees, and services, staff recommends setting parameters for City of Santa Clara Page 7 of 12 Printed on 8/16/2021
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the types expenses that the City would cover for general events and activities. The Policy already limits the types of reimbursable expenses for attendance at a youth state, national, or international competition or performance to (no more than 20% of) the costs of registration, hotel, transportation and food for participants and coaches/chaperones only. Suggested allowable expenses aside from City permits, fees, and services include venue, food and non-alcoholic beverage, permits issued by other government agencies, trash and recycling, and rental of staging and tents. These are typically the most expensive expenses associated with an event/activity.
Limit the Amount of Grant Funds for Food and Beverage - In the case that Council decides to include food and beverage as an allowable expense under the Policy, there should be a limit to the amount of grant funds that can be used on this expense. Staff recommends setting a fifteen percent (15%) cap of the total grant amount or $1,500 as the limit per event/activity being funded. In many cases, event organizers can solicit food and beverage donations and therefore should not count on the City to subsidize the full cost of such expense.
Require Grantees to Refund City Any Unspent Grant Funds - The current Policy requires that grantees, regardless of the type of activity, submit proof that all approved expenses were incurred to the City Manager’s Office within thirty (30) days after the competition. In some cases, the applicant may not be able to spend full amount of awarded grant funds on approved expenses and therefore have a balance of unspent grant funds after staff reviewed submitted proof of receipts. This has already occurred for two events and staff has requested those organizations to reimburse the City for the amount of unspent grant funds. For these reasons, if Council decides not to limit eligible expenses to only City permit, fees, and services, staff recommends including language in the policy that requires grantees to return any unspent grant funds to the City within 30 days after completion of the audit.
Provide the City with the Ability to Audit - The current Policy doesn’t provide the City the ability to audit applicants’ records beyond the time that they submit proof of receipts for allowable expenses.
There may be instances when the City would need to audit previous grant records to ensure that grant funds were spent in the manner and for the purposes stated in the approved application. In the case that Council decides not to limit eligible expenses to only City permits, fees, and services, staff recommends updating the policy to enable to City to audit books and records of applicants for up to four (4) years from the date of disbursement of grant funds. Similar language is included in the City’s grant agreements with community organizations.
Restrict the Location of General Events and Activities to Santa Clara - The current Policy doesn’t restrict where general events and activities are held and only states that “If the grant is for an event, then the event will be open to the general public and does not discriminate on the basis of race, gender, religion, sexual orientation, or any other protected characteristic under state or federal law.” Several community groups have already submitted applications for events held outside of Santa Clara. While many of those applicants couldn’t clearly explain how their event located outside of Santa Clara would directly benefit Santa Clara residents and were therefore denied grant funding, the lack of policy language that requires the funded event to be held in Santa Clara is misleading to community groups in the general South Bay and Peninsula region that are looking for general support through grant funding. Without this amendment to the policy, the City will continue to receive grant requests for events held outside of Santa Clara.
Staff recommends including a requirement that the event or activity being funded must be held within City of Santa Clara Page 8 of 12 Printed on 8/16/2021
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Santa Clara as part of the eligibility criteria. This amendment will ensure events and activities being funded are open to the general public in Santa Clara, and therefore directly benefits Santa Clara residents, and will avoid misleading community groups that wish to hold events outside of Santa Clara with the City’s assistance.
The following issues apply to both general events and activities and attendance at a youth state, national, or international competition or performance:
· Application Submittal: The Policy doesn’t limit how far in advance an individual or organization can submit their application.
· Additional Grant Funding: The Policy doesn’t restrict organizations that currently receive annual grant funding from the City from applying for and receiving additional grant funds through the Community Grant Program.
· Discretion to Deny Request: The Policy allows the City Manager’s Office to approve and deny an applicant’s request based on the eligibility criteria described in the Community Grant Policy and/or if there is a potential or appearance of a conflict of interest. There are no other guidelines that allow the City Manager’s Office additional discretion to deny future grant requests.
· Reporting: The Policy doesn’t include any post-event reporting requirements for grantees. · Unspent Grant Funds: The Policy doesn’t require grantees to refund the City any unspent grant funds.
· Inability to Audit: The Policy doesn’t provide the City the ability to audit applicants’ records beyond the time that they submit proof of receipts for allowable expenses.
Staff recommends that the following amendments be made to the Policy to address the abovementioned issues for general events and activities and attendance at a youth state, national, or international competition or performance:
Limit Advance Submittal of Applications to Six Months - The Community Grant Policy requires that grant applications be submitted at least ninety (90) days prior to the event/activity being funded but doesn’t limit how far in advance an individual or organization can submit their application. As result, the City Manager’s Office has received requests up to eleven months in advance of the planned event/activity being funded. Without setting a time constraint for advance application submittal, applicants can submit grant requests for events/activities scheduled years out. It is challenging from an accounting perspective because permit and facility costs are subject to change at the start of every fiscal year and the funding for Community Grants is subject to budget appropriations. For example, the City received several grant applications in FY 2018/19 for events/activities that were scheduled nine or more months in the future so their approvals were based on FY 2018/19 estimates for City permits, facilities, and staffing costs that were subject to change with the FY 2019/20 municipal fee schedule. The processing of grants for non-City related costs for events scheduled more than six months in advance also presents a potential liability to the City with grantees in possession of grant funds many months ahead of their scheduled event. Staff recommends updating the Policy to limit application submittals up to six months prior to the event or activity being funded to ensure that there is sufficient funding for the grants and to allow for a more competitive process.
Limit Eligibility to Competitive Grantees - The Policy doesn’t prevent organizations that currently City of Santa Clara Page 9 of 12 Printed on 8/16/2021
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receive annual grant funding from the City from applying for additional grant funds. Miss Santa Clara Scholarship Organization and Santa Clara Sister Cities Association are examples of non-profits that receive both annual funding from the City to support their programming and grant funds through the Community Grant Program. Miss Santa Clara Scholarship Organization’s annual funding for FY 2018/19 totals $12,000 and the organization received an additional $5,185 in funding through the Community Grant Program to cover usage of the Mission City Center for Performing Arts for competition rehearsals and their Miss Santa Clara and Miss Santa Clara’s Outstanding Teen Competition event on January 19, 2019. Santa Clara Sister Cities Association’s annual funding for FY 2018/19 totals $5,659 and the organization received an additional $2,533 to cover expenses for their February 9, 2019 Afternoon Tea event. These additional grant funds should be covered in the City’s agreements with organizations so that their total grant amount is transparent and reflective of what they are receiving from the City.
Staff recommends limiting eligibility to groups that do not receive separate annual funding from the City during the fiscal year that their event is scheduled in. This amendment will ensure that the City’s grant processes for community and non-profit organizations remains transparent and City grant funds are not used for the same event or programming.
Ability to Consider Previous Event/Activity’s Success and Prior Ability to Meet Policy Requirements/Obligations for Reoccurring Applicants - Since launching the Community Grant Program, the City has received requests from both new and reoccurring applicants and anticipates that there will be an increase in requests as more non-profit and community organizations in the area become aware of the City’s new Community Grant program. As the grant process becomes more competitive, it would be helpful to provide staff with more discretion to approve or deny a request.
The Policy currently allows the City Manager’s Office to approve and deny an applicant’s request based on the eligibility criteria described in the Community Grant Policy and/or if there is a potential or appearance of a conflict of interest. There are no other guidelines that allow the City Manager’s Office additional discretion to deny future grant requests.
Applicants that receive grant funds from the City tend to reapply in the future. These events are not always successful in meeting their projected attendance, fundraising goals, or the grantee could not meet the requirements of the policy (e.g. submit proof of receipt). However, the current policy does not allow the City Manager’s Office to deny such requests.
Staff recommends including language in the policy that allows the City Manager’s Office to consider an event or activity’s past success, defined by measures such as ability to meet attendance and/or fundraising projections, and the organization’s previous ability to meet policy requirements before approving or denying a grant request for reoccurring grantees. This change will allow the City to ensure that grant funds are used to support events and activities that benefit Santa Clara and its residents and promote a standard of fiscal responsibility among grantees.
Require Grantees to Report on Funded Events/Activities - The Policy doesn’t require grantees to submit anything but proof that the grant funds were spent in the manner and for the purposes stated on the application within 30 days after a general event/activity and proof of all allowable expenses actually incurred, as well as allocation of grant funds, within 30 days after the competition. Grantees currently don’t share information about their events, which in turn makes it difficult to understand the grant funds’ return on interest. For these reasons, staff is recommending that Council amend the Policy to require grantees to submit a post-event report within 30 days of a funded activity includes a City of Santa Clara Page 10 of 12 Printed on 8/16/2021
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summary of how the event went, attendance numbers, any challenges that the grantee encountered while planning the event or the day of the event, and areas for improvement Non-Competitive and Cultural Commission Grant Processes Staff is requesting for more direction from Council on the following grant processes that currently do not fall under the Community Grant Policy.
Cultural Commission’s Annual Cultural Grant Process - Staff is seeking direction from Council whether the Cultural Commission’s grant process should merge with the citywide grant process defined by the Community Grant Policy. The awarded grants are used to reimburse cultural groups for expenses related to performances, which are not City-related permits, fees, and services.
Santa Clara Sister Cities Association - Staff is seeking direction from Council on how to proceed with SCSCA’s grant process moving forward. The City’s current contribution agreement with SCSCA requires the organization to provide exchange programs to send and receive students in conjunctions with the City’s Sister Cities, provide quarterly reports on related activities, a revenue and expense report for the activities undertaken, and acknowledgment of the City as a donor/supporter in all publicity and promotional materials in exchange for their annual funding. SCSCA’s exchange program activities generally do not include of City permits, fees, and services. SCSCA was also granted funding through the Community Grant Program for other fundraising events/activities for their exchange program. If Council decides to keep this grant process separate from the Community Grant Program, staff recommends that the City provides all funding for the organization through one grant agreement.
Triton Museum of Art - Staff recommends keeping Triton’s grant process separate from the citywide Community Grant Program because the City and Triton have a Lease and Operation Agreement that is effective until April 15, 2023 and Council has already authorized the City Manager to execute future contribution agreements with Triton so long there is a Lease and Operation Agreement in place. Due to the Lease and Operation Agreement and the provided grant amount, the City’s relationship with the Triton is unlike those with other community organizations.
No-Fee Parades Permits
Staff is working to track fees and staffing costs associated with parades. Upon completion of this analysis, staff will request Council’s direction to either 1) identify a funding source or 2) appropriate funds to cover the costs for up to five annual No-Fee Parades Permits. The total cost of City-related permits and fees has been absorbed by departments since the No-Fee Parade Permit has been adopted
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.
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FISCAL IMPACT
The adopted FY 2021/22 and FY 2022/23 biennial budget consolidates the Community Grants Program and Championship Teams budgets and reduces overall funding, bringing the total Community Grants/Championship Teams budget to $90,000. This amount does not include the Cultural Commission’s grants for cultural organizations, Santa Clara Sister Cities Association, and Triton Museum of Art’s annual funding, or cost related to the No-Fee Parade Permits.
COORDINATION
This report has been coordinated with the City Attorney’s Office, Finance, and Parks and Recreation Departments.
PUBLIC CONTACT
Public contact was made by posting the Economic Development, Communications, and Marketing Committee agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
ALTERNATIVES
1. Approve recommended amendments to the Community Grant Policy and direct staff to bring forward amended Council Policy 049 forward for full Council consideration;
2. Do not approve recommended amendments to Council Policy 049 (“Community Grant Policy”)
3. Provide staff with direction on the Cultural Commission, Santa Clara Sister Cities Association, Miss Santa Clara Sister Cities Association, and Triton Museum of Art’s grant processes and funding for up to five annual No-Fee Parade Permits; or
4. Any other Council direction.
RECOMMENDATION
Alternatives 1 and 3:
1. Approve recommended amendments to the Community Grant Policy and direct staff to bring forward amended Council Policy 049 forward for full Council consideration; and
3. Provide staff with direction on the Cultural Commission, Santa Clara Sister Cities Association, and Triton Museum of Art’s grant processes.
Reviewed by: Ruth Mizobe Shikada, Assistant City Manager Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. P&P 049 Community Grant Policy
2. Cultural Commission Annual Cultural Grant Guidelines and Application
3. FY 2018/19 Community Grants and Championship Team Funds Summary Table
4. FY 2019/20 Community Grants and Championship Team Funds Summary Table
5. Resolution 18-8606
6. Proposed Amended Council Policy 049 Community Grant Policy (Redline Version)
7. Proposed Amended Council Policy 049 Community Grant Policy (Clean Version) City of Santa Clara Page 12 of 12 Printed on 8/16/2021
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City of Santa Clara
Council Policy Manual
COMMUNITY GRANT POLICY
Adopted 9/18/2018 P&P 049 Page 1 of 3
Resolution No. 18-8605
PURPOSE
POLICY
To establish a standardized process to award grants to qualifying nonprofit community organizations, youth athletic groups or organizations, educational groups or organizations, or individuals, for events, activities, and competitions that provide a public benefit for the City of Santa Clara and its residents.
Annually, and subject to availability of funds, the City Council shall establish grant appropriation(s) as part of the approval of the budget.
Community grants, subject to availability of funds, shall not exceed $10,000 per applicant, per year. To receive grant funds, grant applications must be submitted at least ninety (90) days before the planned event/activity being funded, regardless of the form of the grant, and will be evaluated by the City Manager’s Office on a case-by-case and “first come-first served” basis, throughout the fiscal year. Applicants are encouraged to submit their applications at the beginning of the fiscal year, for events or activities occurring at any time during that fiscal year, to maximize opportunity for availability of funds.
The City Manager’s Office shall approve or deny an applicant’s request based upon the eligibility criteria set forth below, and subject to funding availability as approved by the City Council through the adoption of the annual budget. Grants for community events shall not be provided for waiver of or reimbursement for already discounted permit fees.
Grants for attendance at youth state, national, or international competitions or performances shall be limited to costs of registration, hotel, transportation and food for participants and coaches/chaperones only. Due to short notice to advance to state, national, or international competitions, applicants shall submit an application within one week of advancing to such competitions.
In all cases, the City reserves the right to reject any and all applications in the event the City Manager’s Office identifies a potential conflict of interest or the appearance of a conflict of interest. Submission of an application in no way obligates the City to award a grant and the City reserves the right to reject any or all applications, wholly or in part, at any time, without penalty.
RTC 21-1129 - Attachment 1
City of
, Santa Clara
The Center of What's Possible
COMMUNITY GRANT POLICY (cont.)
Adopted 9/18/2018 P&P 049 Page 2 of 3
Resolution No. 18-8605
ELIGIBILITY
CRITERIA
In addition to a timely and complete application, the applicant must demonstrate that the event or activity being funded (other than competition funding, described below) by the City’s grant will satisfy all of the following criteria:
a) Provides a benefit to Santa Clara residents
b) Contributes positively to the recognition and image of the City of Santa Clara
c) If the grant is for an event, then the event will be open to the general public and does not discriminate on the basis of race, gender, religion, sexual orientation, or any other protected characteristic under state or federal law
d) Aligns with established Council goals
e) Grant funds will not be used for political or religious purposes f) If the event or activity is a fundraising event, that the proceeds from the fundraising activity will support programs, services or events for residents of the City of Santa Clara
If the activity being funded is individual or group attendance at a youth competition or performance, then the applicant must demonstrate that the activity being funded by the City’s grant will satisfy all of the following criteria:
a) Funding the activity provides a benefit to Santa Clara residents, students or schools
b) Contributes positively to the recognition and image of the City of Santa Clara
c) Aligns with established Council goals
d) Grant funds will not be used for political or religious purposes e) The grant funds requested will only be used for a specific state, national, or international title or performance
f) The grant funds requested do not exceed 20% of the allowable expenses (registration, hotel, transportation, and food) and comport with the other requirements stated in the application g) Individuals, teams or groups should either be from Santa Clara schools or have at least 50% of the students from the teams or groups be residents in the City of Santa Clara
h) The student-to-coach/chaperone ratio is six students to one coach/chaperone
COMMUNITY GRANT POLICY (cont.)
Adopted 9/18/2018 P&P 049 Page 3 of 3
Resolution No. 18-8605
PROCEDURE 1. City Council approves an annual budget item for City grants, to be administered by the City Manager’s Office
2. Applicants submit timely and complete grant applications to the City Manager’s Office for review
3. City Manager’s Office reviews application for compliance with eligibility criteria and availability of funds. City Manager may seek additional information from applicant as necessary.
4. If an application is approved by the City Manager’s Office, then the approved application marked accordingly shall be transmitted to the applicant with additional instructions, if any.
5. If an application is not approved by the City Manager’s Office, the City Manager shall notify the applicant in writing.
6. If the applicant has received a grant for an event/activity other than competition attendance, then applicant shall submit proof that the grant funds have been spent in the manner and for the purposes stated on the application within thirty (30) days after the event/activity.
7. If the applicant has received a grant for competition attendance, then proof of all allowable expenses actually incurred, as well as allocation of grant funds, shall be submitted to the City Manager’s Office by the applicant within thirty (30) days after the competition.
8. If an applicant makes a grant request directly to a member of the City Council, whether individually or as a group, the Council shall refer the applicant to the City Manager’s Office for application and review in accordance with this policy.
9. Staff shall report any distributions in accordance with applicable tax law.
Attachment: City of Santa Clara Community Grant Application RESOLUTION NO. 18-8605
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
ADOPTING A COMMUNITY GRANT POLICY AND RESCINDING
P&P 014 FUNDING REQUESTS CHAMPIONSHIP
TEAMS/INDIVIDUALS
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, establishing a policy on community grants will provide guidelines for the application and evaluation of grant requests submitted by non-profit organizations, athletic groups or organizations, educational groups or organizations, or individuals, for events, activities, and competitions;
WHEREAS, establishing the Community Grant policy will help ensure that community grants will be awarded to qualifying organizations or groups in conformance with the outlined eligibility criteria in the policy;
WHEREAS, the Community Grant policy details the process for athletic groups and organizations to apply for grants and thus will replace P&P 014 Funding Requests - Championship Teams/Individuals;
WHEREAS, the Community Grant policy, attached hereto as Attachment 1, provides guidance for evaluating community grant application submissions and establishes a standardized process to award grants to qualify non-profit organizations, athletic groups or organizations, educational groups or organizations, or individuals, for events, activities, and competitions that provide a public benefit for the City of Santa Clara and its residents.
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That the Community Grant Policy, 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.
Resolution/Adoption of Community Grant Policy
Rev: 8/31/18