City Council and Authorities Concurrent
August 30, 2022

d. Providing a stable means of data transmission between the System Gateway and each fire station serviced by the System necessary for the installation, testing and functionality of the of the System; such means of data transmission may include, but is not limited to, TCP/IP, data modems, leased lines, radios, etc;
e. The correct use of the System in accordance with USDD's operating instructions; and
f. The security and integrity of the System.

10. Remote Access. USDD requires remote network access to the City's System, including its Communications Gateways, Station Controllers, and other USDD­ supplied equipment through Secure Shell (SSH) to perform implementation and support tasks under this Agreement. To enable this the City will provide USDD support personnel VPN or similar remote network access to the System for USDD support personnel ("Customer Support") to effectively troubleshoot critical or complex problems and to expedite resolution of such issues. Remote network access is also used to install core System software upgrades and customized software. USDD will only access City's System with the knowledge and consent of City.
a. Alternative to Network Access. If the City elects not to provide remote network access to the System, then USDD may not be able to perform some support functions. If the City that elects to not routinely provide network access, City may temporarily reinstate this access to allow USDD to perform the above services. The following services will not be performed without this access:
• System software upgrades
• System software customization
• Network troubleshooting assistance including packet capture and network monitoring on USDD devices
• Detailed log analysis
• Bulk updates to System database tables
• Troubleshooting that requires low-level system access or large file transfer b. Timely Access. City must ensure that remote access is available prior to notifying USDD of a support request. In the event that the City is unable to provide remote access, USDD will not be required to provide support outside those tasks that do not require remote access, and any corresponding resolution response times will not apply.
c. Physical Security Tokens. USDD has multiple software engineers that provide after-hours support and these engineers do not typically take security tokens from the USDD office. If the City requires the use of physical security tokens this may delay after hours service.

Agreement with US Digital Designs, lnc./Exhibit A6-System Warranty Rev. 07-01-18

d. Exclusions and Limitations. USDD does not warrant that the operation of the System, Hardware, Software, or any related peripherals will be uninterrupted or error-free. USDD is not responsible for damage arising from City's failure to follow instructions relating to the product's use. This Warranty does not apply to any Hardware or Software not used in conjunction with the System and for its intended purpose. This Warranty does not apply to monitors or televisions manufactured by third parties. Recovery and reinstallation of Hardware and user data (including passwords) are not covered under this Warranty. This Warranty does not apply: (a) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) to damage caused by use with non-USDD products; (d) to damage caused by accident, abuse, misuse, flood, lightning, fire, earthquake or other external causes; (e) to damage caused by operating the product outside the permitted or intended uses described by USDD; (f) to damage or failure caused by installation or service (including upgrades and expansions) performed by anyone who is not a representative of USDD or a USDD authorized installer or service provider; (g) to a product or part that has been modified to alter functionality or capability without the written permission of USDD; or (h) if any serial number has been removed or defaced. TO THE

EXTENT PERMITTED BY LAW, THIS WARRANTY AND REMEDIES SET

FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER

WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR
WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY

APPLICABLE LAW, USDD SPECIFICALLY DISCLAIMS ANY AND ALL

ST A TUT ORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT

LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR
LATENT DEFECTS. If USDD cannot lawfully disclaim statutory or implied warranties then to the extent permitted by law, all such warranties shall be limited in duration to the duration of this express Warranty and to repair or replacement service as determined by USDD in its sole discretion. No reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.

EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT

PERMITTED BY LAW, USDD IS NOT RESPONSIBLE FOR SPECULATIVE OR

EXEMPLARY DAMAGES RESULTING FROM ANY BREACH OF WARRANTY

OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF GOODWILL; LOSS OF REPUTATION; and LOSS OF, DAMAGE TO OR CORRUPTION OF DAT A. USDD disclaims any representation that it will be able to repair any Hardware under this Warranty or make a product exchange without risk to or loss of the programs or data stored thereon.

Agreement with US Digital Designs, lnc./Exhibit A6-System Warranty Rev. 07-01-18

11. Virtualized Environment. If City elects to deploy the Communications Gateways on a virtual server hosted by City or other third party or parties, the following additional terms and limitations shall apply:
a. USDD does not certify any third-party virtualized server solutions for implementation of USDD products, including the Communications Gateway.

Use of a virtualized environment, performance of the environment and configuration shall be the sole responsibility and risk of City. USDD cannot warrant or guarantee the performance of the Communications Gateway or other USDD applications in use in virtualized environments.
b. The System is a mission critical system. City must ensure that its personnel have been trained in the installation and deployment of any virtual server software to be used by City prior to attempting deployment of the System. City shall be solely responsible for planning the deployment of the virtualized server components. City shall be responsible to configure each virtual server to meet the minimum processor, memory, disk and configuration requirements recommended for the server component as documented by USDD. c. USDD will provide support for issues that are known to occur in the Communications Gateway's native operating system, or can be demonstrated that the issue is not the result of operating the Communications Gateway in the virtual environment. USDD encourages City to obtain and maintain service and support for its virtual server components and software as USDD cannot provide support for the virtual environment.

Agreement with US Digital Designs, lnc./Exhibit A6-System Warranty Rev. 07-01-18

EXHIBIT A7

FINAL ACCEPTANCE CERTIFICATE
After the City is satisfied with all test results and resolutions, the City will initiate execution of the Final Acceptance Certificate.

FINAL SOFTWARE/SYSTEM ACCEPTANCE CERTIFICATE
Customer Name: City of Santa Clara ("City")
Project Name: Fire Station Alerting System
This Final Acceptance Certificate memorializes the occurrence of Final Software and System Acceptance.

Contractor and the City acknowledge that:

1. Contractor has delivered the Software, System, Services, and documentation promised under this Agreement.

2. The Software and System is accepted, and all punch list items generated during testing have been completed.

3. By acknowledging the Final Acceptance of the Software and System, the City agrees to pay any remaining and approved outstanding invoices to Contractor, including previously withheld retainage.

City of Santa Clara ("City")
By:

US Digital Designs, Inc. ("Contractor")
By:

Name: Name:

Title: Title:

Date: Date:

Agreement with US Digital Designs, lnc./Exhibit A7-Final Acceptance Certificate Rev. 07-01-18

EXHIBIT B

SCHEDULE OF FEES

1. Compensation and Payment Terms

1.1. The maximum amount payable for all products and services provided under this Agreement shall not exceed Six Hundred Sixty-Five Thousand One Hundred Sixty-Seven Dollars and Fifty-Four Cents ($665,167.54) during the Initial Five-Year Term. No additional services will be performed unless both Parties execute an Amendment outlining the services requested and the compensation agreed for such services.

2. Breakdown of Applicable Fees During Initial-Five Year Term Table B-1: Breakdown of One-Time Implementation Fees
ITEM# DESCRIPTION OF ONE-TIME FEES YEAR 1 OF 5

HARDWARE COSTS
1 Dispatch Hardware $ 22,441.50
2 Fire Stations #1-9 Hardware $ 271,849.50
Hardware Cost Total $ 294,291.00

PROFESSIONAL SERVICES
3 Project Management Services $ 4,699.17
4 Configuration Services $ 26,889.62
5 Integration and Testing Services $ 5,391.75
6 Installation Services $174,037.50
Professional Services Total $ 211,018.04

OTHER ONE TIME COSTS
7 Training Services $ 7,245.00
8 Software Licenses 1
$ 8,343.00
9 Estimated Sales Tax $ 50,877.09
Other One-Time Costs Total $ 66,465.09
TOTAL FOR ONE-TIME FEES $ 571,774.13
1Software license is for the VoiceAlert license for each of the 9 Fire Stations.

Table 8-2: Breakdown of Recurring Fees

ITEM DESCRIPTION OF YEAR YEAR YEAR YEAR
# RECURRING FEES 2OF 5 3OF5 4OF5 5OF5
Ongoing Technical and
1 Maintenance Support $13,341.92 $26,683.83 $26,683.83 $26,683.83 Services 1
TOTAL FOR RECURRING FEES $93,393.41
1 Standard 18-Month Warranty from date of initial shipment. The cost shown for Year 2 represents the additional 6 months of support.

Agreement with US Digital Designs, lnc./Exhibit B-Schedule of Fees Rev. 07-01-18

3. Payment Schedule

3.1. Progress payments shall be made to Contractor by City acceptance of designated milestones as shown below in Table B-3. All payments are based upon City's acceptance of Contractor's performance as evidenced by successful completion of all deliverables as set forth for each milestone. City shall have no obligation to pay unless Contractor has successfully completed, and City has approved the milestone for which payment is due. Both parties ill execute the Final Acceptance Certificate (Exhibit A-7) to memorialize final acceptance for each milestone.

Table B-3: Year 1 Payment Schedule
Milestone/Deliverable % Total
Phase 1: Project Kickoff (Includes Design 20% $ 114,354.83 Phase) Phase 2: Shipment of Equipment and Software/
Implementation of Gateway in Virtual 35% $200,120.95
Environment
Phase 3: Station Installation and Software 25% $ 142,943.53 Configuration Phase 4 and 5: GaRI Installation, Station 10% $ 57,177.41 Checkout, and Testing; Training Phase 6: Go-Live and Final System Acceptance 10% $ 57,177.41 TOTAL 1 PAYMENT 100% $ 571,774.13
1Total Price in Section A includes all costs specified in Table 8-1.

Years 2 - 5. Contractor will invoice the City annually for all applicable recurring fees as shown in Table 8-2. City shall prepay a year in advance for the services.

3.2. Payment for any deliverable under this Agreement, or inspection or testing thereof by City, shall not constitute acceptance or relieve of Contractor of its obligations under this Agreement. City may inspect each deliverable and reject upon notification of Contractor any that do not conform to the specifications or other requirements of this Agreement. Rejected deliverables shall be promptly corrected, repaired, or replaced by Contactor. If City receives deliverables with defects or nonconformities not reasonably apparent on inspection, the City reserves the right to require prompt correction, repair, or replacement by Contractor in accordance with Contractor's warranty obligations.

3.3. Contractor's acceptance of the Milestone/Deliverable schedule specified in Table B-3 above is conditioned on the City using its best efforts to maintain the project schedule developed during the Design Phase so that there are no unreasonable delays between the Milestone/Deliverable. City must timely provide all information requested and perform all tasks assigned to City by Contractor, including the facilitation of services by City as outlined in the Agreement with US Digital Designs, lnc./Exhibit B-Schedule of Fees Rev. 07-01-18

Warranty and during the Design Period, and making City staff available to assist Contractor as may be reasonably requested by the Contractor's project manager. If City causes a substantial delay (defined during project kickoff) for failure to provide the services and information referenced above, USDD will require payment for all work in progress, services rendered, and all inventoried products incurred by Contractor related to this Agreement.

3.4. Work shall commence within two weeks of Agreement execution. All timeline dates are understood to be close of business, 5:00 pm Pacific Time. If timeline dates fall on a weekend or City holiday, the date is understood to be the next business day.

3.5. Compensation and payments shall be made to Contractor by City based on net thirty (30) days payment terms.

3.6. Implementation Invoicing Procedure: Contractor will invoice the City upon completion of each milestone but not more frequently than monthly.

3.7. Ongoing Annual Services Invoicing Procedure: Contractor shall invoice the City annually for applicable Subscription, Hosting, Technical Support, and Maintenance fees beginning on the date of final acceptance. City shall prepay a year in advance for Subscription, Hosting, Technical Support, and Maintenance services provided under the Agreement. In the event of early termination of the Agreement, Contractor shall refund the City on a pro-rated basis fees paid in advance that have not been expended as of the date of termination, excluding third party software.

4. Pricing and Option Renewals

4.1. All pricing for the initial project including Dispatch, Stations 1-9 and Future Station 10 and ongoing technical and maintenance services is firm fixed for the Initial Five-Year term of this Agreement.

4.2. After completion of the initial project the City shall receive a 10% discount on all list pricing during the Initial Five-Year term of this agreement, including a 10% discount on any future products developed by Contractor.

4.3. After the Initial Term, the City reserves the right to extend this Agreement for an additional five (5) one-year options pursuant to Section 2.B. of this Agreement, subject to the appropriation of funds.

4.4. Contractor may request adjustments to the compensation rates prior to any one-year option to renew this Agreement after the Initial Term. Contractor will notify the City of any requested changes to the compensation rates for any Option Period at least sixty (60) days prior to the start of the option term.

Contractor must demonstrate to the satisfaction of the City that a price increase is warranted and must be supported by the appropriate price index e.g. PPI, CPI, etc. Price adjustments are subject to the City's approval.

4.5. City shall provide Contractor prior written notice in the Form of Exhibit E of its intention to exercise its option for the next term prior to the end of the then current term.

Agreement with US Digital Designs, lnc./Exhibit 8-Schedule of Fees Rev. 07-01-18

5. Station 10 Option Services

5.1. The City may at a future date request services to add Fire Station 10 to the System. Pricing for Station 10 is outlined below in Table B-4:

Table 8-4: Station 1 O Pricing
ITEM DESCRIPTION OF COSTS #

HARDWARE COSTS
1 Fire Station Hardware Cost
Hardware Cost Total

PROFESSIONAL SERVICES
2 Project Management Services
3 Configuration Services
4 Integration and Testing Services
5 Installation Services
Professional Services Total

OTHER ONE TIME COSTS
6 Training Services
7 Software Licenses 1
Other One-Time Costs Total
8 Ongoing Technical and Maintenance
Support Services 2
Fire Station 1 O Costs
1Software license is for the VoiceAlert license.
2Annual support cost after expiration of warranty.

COST
$ 32,632.37
$ 32,632.37
$ 487.37
$ 1,437.74
$ -
$ 19,250.00
$ 21,175.11
$ -
$ 927.00
$ 927.00
$ 2,741.45
$ 57,475.93

5.2. Should the City decide to move forward with installing the System at Station 1 O the City will execute an amendment to add the services to add Fire Station 1 O to the system and compensation agreed to.

6. Labor Rates for Additional Services

6.1. Contractor's labor rates for additional services are specified below in Table B-5:

Table 8-5: Hourly Rate
Description I List Price I
(Per Hour)
Senior Software Engineer $ 310.00
Software Engineer I $ 300.00
Field Training Representative $ 305.56
Remote Training Representative $ 261.11
Agreement with US Digital Designs, lnc./Exhibit B-Schedule of Fees Rev. 07-01-18
Discount I Direct
Off List Pricing
(Per Hour)
10% $ 279.00
10% $ 270.00
10% $ 275.00
10% $ 235.00

Description I ListPrlce
(Per Hour)
Field Project Manager $ 250.00
Remote Project Manager $ 194.44
Service Technician $ 138.89
Integration Technician $ 150.00
Agreement with US Digital Designs, lnc./Exhibit B-Schedule of Fees Rev. 07-01-18
Discount I D(rect
Off List Pricmg
(Per Hour)
10% $ 225.00
10% $ 175.00
10% $ 125.00
10% $ 135.00

EXHIBIT C

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

A. COMMERCIAL GENERAL LIABILITY INSURANCE

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

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

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

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

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

3. 4.

5. General Aggregate. The general aggregate limits shall apply separately to Contractor's work under this Agreement providing coverage at least as broad as Insurance Services Office (ISO) Endorsement CG 2503, 1985 Edition, or insurer's equivalent (CGL);
Cancellation.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non­ renewal.

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

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

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

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

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

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

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

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

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

EBIX Inc.

City of Santa Clara Fire Department
P.O. Box 100085 - S2
Duluth, GA 30096
Telephone number: 951-766-2280
Fax number: 770-325-0409
H. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall Agreement with US Digital Designs, lnc./Exhibit C-lnsurance Requirements Rev. 07-01-18

be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.

Agreement with US Digital Designs, lnc./Exhibit C-lnsurance Requirements Rev. 07-01-18

EXHIBIT D

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

I. Prevailing Wage Requirements

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

2. Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811-1813.

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

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

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

5. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, Contractor agrees to present to City, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request. The term "certified payroll" shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation Agreement with US Digital Designs, lnc./Exhibit D-Labor Compliance Addendum Rev. 07-01-18

requested by the City or its designee including, but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.

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

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

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

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

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

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

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

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

K. Enforcement

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

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

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

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

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

Agreement with US Digital Designs, lnc./Exhibit D-Labor Compliance Addendum Rev. 07-01-18

EXHIBIT E

NOTICE OF EXERCISE OF OPTION TO EXTEND AGREEMENT
AGREEMENT TITLE:

CONTRACTOR:

DATE:

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

I OPTION NO. # of#

NEW OPTION TERM
l Begin date:

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

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

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

Approved as to Form:

Office of the City Attorney
City of Santa Clara
Dated:

DEANNAJ.SANTANA
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
Agreement with US Digital Designs, lnc./Exhibit E-Notice of Option to Extend Rev. 07-01-18

EXHIBIT F

SOFTWAR SERVICE AGREEMENT
us DIGITAL DESIGns
stationalerting.com

SERVICE AGREEMENT
This Service Agreement ("Agreement") is made by and between US Digital Designs, Inc. ("USDD"), with its principal place of business at 1835 East Sixth Street, Suite 27, Tempe, Arizona 85281, and the following entity ("Customer"):

Customer: City of Santa Clara
Contact: Fire Department
Address: 1500 Warburton Avenue, Santa Clara, CA 95050
Telephone: (408) 615-4920
Email: [email protected]

1. Recitals. The Customer requires USDD to provide software maintenance and hardware repair services for its USDD fire station alerting system. USDD has agreed to service the Customer's System (as defined below) pursuant to the terms, conditions, and limitations of this Agreement. In consideration of the forgoing, and for other good and valuable consideration, the parties hereby agree to the terms set forth in this Agreement unless such terms conflict with the terms and conditions of the Agreement For Services Between The City of Santa Clara, California And US Digital Designs, Inc.

2. Definitions. For purposes of this Agreement, the following terms shall have the following meanings:
a. "Additional Services" shall have the meaning set forth in Section 7, below; b. "Application or App" shall mean the Phoenix G2 FSA Mobile Application for iOS and Android mobile devices.
c. "Commencement Date" shall be upon expiration of warranty period; d. "Hardware" means a physically tangible electro-mechanical system or sub­ system and associated documentation provided to Customer by USDD. provided Agreement with US Digital Designs, lnc./Exhibit F-Service Agreement Rev. 07-01-18

however, Hardware shall not include any televisions or monitors manufactured by third parties;
e. "Emergency Support" means telephone access for Customer's "System Administrator" (as defined below) to USDD's senior staff and engineers in the event of a Mission Critical Failure.
f. "Mission Critical Failure" means a failure in the materials, workmanship or design of the System that causes any fire station served by the System to be incapable of receiving dispatches through all communications paths, provided however, that any such failure caused by operator error, internet or telephony service outages, misuse or neglect of the System or any cause outside of USDD's direct control does not constitute a Mission Critical Failure. g. "Services" shall have the meaning set forth in Section 3, below; h. "Software" means software programs, including embedded software, firmware, executable code, linkable object code, and source code, including any updates, modifications, revisions, customization requested by Customer, copies, documentation, and design data that are licensed to Customer by USDD; i. "System" means all Hardware and Software purchased by Customer either directly from USDD or authorized USDD Reseller under any contract, purchase order, or arrangement that is used exclusively by Customer as part of its fire station alerting system, provided however, that the term "System" specifically excludes any components, hardware, or software provided by third parties, including without limitation Customer's computers, lap tops, computer peripherals, monitors, televisions, routers, switches, operating systems, computer programs, applications, internet and network connections, and any other parts or items not provided to Customer directly by USDD; j. "Term" means the period of time during which this Agreement is in effect, including the Initial Term and all Additional Terms, as defined in Section 9, below.

3. USDD Scope of Services. During the Term of this Agreement, USDD agrees to provide Hardware repair service and Software updates and maintenance for the System (collectively the "Services"). Subject to all other terms and conditions contained in the Agreement, the Services shall include the following:
a. Technical phone support Monday through Friday from 08:00 to 17:30 MST, excluding USDD holidays;
b. Remote access support Monday through Friday from 08:00 to 17:30 MST, excluding USDD holidays;
c. Emergency Support, available 24 hours per day, for Customer's System Administrator in the event of a Mission Critical Failure; d. Updates for all System Software, as and when released by USDD; Agreement with US Digital Designs, lnc./Exhibit F-Service Agreement Rev. 07-01-18

e. Twenty-four (24) App licenses per each ATX Station Controller that is part of the System and covered under this Agreement. Use of the App shall be strictly governed by the Mobile Application End User's Agreement that must be accepted by each user at the time the software is downloaded. f. Advance replacement of defective or malfunctioning Hardware (not otherwise covered under the USDD warranty applicable to the Hardware) subject to USDD's Return Material Authorization ("RMA") Process described below; and
g. Ground shipping for the return of repaired Hardware.

4. Claims. Prior to requesting Services, Customer is encouraged to review USDD's online help resources. Thereafter, to make a valid claim hereunder, Customer must contact USDD technical support and describe the problem or defect with specificity. The first such contact must occur during the Term. USDD's technical support contact information can be found on USDD's web site: http://stationalerting.com/service-support/. Customer must use its best efforts to assist in diagnosing defects, follow USDD's technical instructions, and fully cooperate in the diagnostic process. Failure to do so shall relieve USDD of any further obligation hereunder.

5. Advance Replacement of Hardware. If a Hardware component requires repair during the Term, Customer shall initiate the RMA process as described below. Upon approval, USDD will cause shipment of a replacement Hardware component to Customer prior to the defective Hardware component being returned to USDD for repair. The replacement Hardware will be a product that is new or equivalent to new in performance and reliability and is at least functionally equivalent to the original Hardware. When a product is exchanged, any replacement item becomes the Customer's property and the replaced item becomes the property of USDD.

Replaced Hardware provided by USDD in fulfillment of the Services must be used in the System to which this Agreement applies.

6. Return Material Authorization Process. If a Customer makes a claim for an advanced replacement of a Hardware component during the Term, the Customer shall provide USDD with the Hardware component model and serial number and failure information to initiate the RMA process. Upon USDD's issuance of the RMA, USDD will send the replacement Hardware, shipped postage paid ground shipping to the address provided by Customer. RMA requests approved between 12:00 a.m. and 2:00 p.m. Mountain Standard Time are shipped on the same business day. After 2:00 p.m. Mountain Standard Time, the replacement Hardware is shipped on the next business day. All RMA requests are processed on the business day on which the request was received, excluding holidays. Included with the shipped package will be return shipment instructions and a pre-paid return shipping label for the hardware that the Customer is returning. The original hardware must be returned in the shipping box provided by USDD. No goods will be accepted for exchange or return without a pre-approved RMA number. The original hardware must be shipped back within 10 days of receiving the replacement. Failure to return the original hardware will cause Customer to incur a replacement charge equal to full market value of the replacement Hardware.

7. No Fault Found. USDD reserves the right to charge 50% of the standard repair price if the returned Hardware is found to have no fault. Customer understands that this fee is intended Agreement with US Digital Designs, lnc./Exhibit F-Service Agreement Rev. 07-01-18

to discourage return of Hardware prior to proper troubleshooting or return because the Hardware is "old." Hardware returns will not be allowed if, upon examination of the returned Hardware component, it is determined that the Hardware was subjected to accident, misuse, neglect, alteration, improper installation, unauthorized repair or improper testing. In such event, USDD shall invoice Customer for the full market value of the replacement Hardware.

8. Limitations. The Services specifically and expressly exclude any repair, software installation, update, or other service that is necessitated by the Customer's misuse or neglect of the System, damage arising from Customer's failure to follow instructions relating to the product's use, cosmetic damage, including but not limited to scratches, dents and broken plastic on ports, alterations or repairs to the System made by any person other than an authorized USDD representative, failure of environmental controls or improper environmental conditions, modification to alter functionality or capability without the written permission of USDD, use with non-USDD products, any damage caused by fire, flood, vandalism, terrorism, riot, storm, lightning, or other acts of nature or civil unrest. The Services shall not include disassembly or re-installation of any Hardware at Customer's site. The Services shall not include the repair of any Hardware that is determined to be obsolete or irreparable in USDD's sole discretion. The Services shall not include repair or replacement of televisions or monitors manufactured by third parties. Repair or replacement of such components shall be subject exclusively to the manufacturer's warranty, if any. USDD shall not be liable to provide Services at any time when Customer is in breach of any obligation to USDD under this Agreement or any other contract.

9. Additional Services by USDD. Except for the Services, all other acts or performances requested or required of USDD by Customer ("Additional Services") will be charged at USDD's then current rates and will be in addition to all other fees and charges payable by Customer under this Agreement. Additional Services shall include (without limitation) Customer's use of Emergency Support in the absence of a Mission Critical Failure and any Services provided by USDD on a rush basis or during hours not included in the description of the Services set forth above. Customer shall pay all invoices for Additional Services within 30 days.

10. Authorized Support Contacts. In order to facilitate USDD's delivery of the Services, Customer shall appoint a minimum of one and a maximum of three contact people who are each authorized to make use of the support services ("Authorized Contacts"). The Customer must ensure that the Authorized Contacts have adequate expertise and experience to make an accurate description of malfunctions to make it possible for USDD to handle reports efficiently.

Customer is responsible to select those personnel for this task who are suitable for it by means of training and function, and who have knowledge of Customer's network, hardware, and software systems. The Authorized Contacts must also have completed USDD product training.

At least one Authorized Contact should be available to assist USDD as needed during the support process. Authorized Contacts are responsible for coordinating any actions needed by Customer's personnel or contractors including obtaining additional information from field or dispatch personnel, data network or communications system troubleshooting, and physical inspection or actions on the System components.

11. Customer Facilitation of Services. Customer will be responsible for providing the following:
a. The provision of remote access to the System, as more specifically described in Section 1 0 below;
Agreement with US Digital Designs, lnc./Exhibit F-Service Agreement Rev. 07-01-18

b. The procurement and/or provision of all computers, peripherals, and consumables (collectively "Customer Equipment"), including printer paper, toner and ink necessary for the operation, testing, troubleshooting, and functionality of the of the System;
c. Any configuration and regular maintenance that is normally undertaken by the user or operator as described in the operating manual for the Customer Equipment, including the replacement of UPS batteries as necessary; d. Providing a stable means of data transmission between the System Gateway and each fire station serviced by the System necessary for the installation, testing and functionality of the of the System; such means of data transmission may include, but is not limited to, TCP/IP, data modems, leased lines, radios, etc; e. The correct use of the System in accordance with USDD's operating instructions; and
f. The security and integrity of the System.

12. Remote Access. USDD requires remote network access to the Customer's System, including its Communications Gateways, Station Controllers, and other USDD-supplied equipment through Secure Shell (SSH) to perform implementation and support tasks under this Agreement. To enable this the Customer will provide USDD support personnel VPN or similar remote network access to the System for USDD support personnel ("Customer Support") to effectively troubleshoot critical or complex problems and to expedite resolution of such issues.

Remote network access is also used to install core System software upgrades and customized software. USDD will only access Customer's System with the knowledge and consent of Customer.
a. Alternative to Network Access. If the Customer elects not to provide remote network access to the System, then USDD may not be able to perform some support functions. Customers that elect not to routinely provide network access may temporarily reinstate this access to allow USDD to perform the above services. The following services will not be performed without this access:
• System software upgrades
• System software customization
• Network troubleshooting assistance including packet capture and network monitoring on USDD devices
• Detailed log analysis
• Bulk updates to System database tables
• Troubleshooting that requires low-level system access or large file transfer b. Timely Access. Customers must ensure that remote access is available prior to notifying USDD of a support request. In the event that the Customer is unable to provide remote access, USDD will not be required to provide support outside Agreement with US Digital Designs, lnc./Exhibit F-Service Agreement Rev. 07-01-18

those tasks that do not require remote access, and any corresponding resolution response times will not apply.
c. Physical Security Tokens. USDD has multiple software engineers that provide after-hours support and these engineers do not typically take security tokens from the USDD office. If the customer requires the use of physical security tokens this may delay after hours service.

13. Ongoing Service Term, Renewal and Termination. The initial term of this Agreement shall begin on the Commencement Date and shall continue for five years through August 31, 2026 ("Initial Term"). Unless previously terminated as set forth in this Section, Customer may renew this agreement for five (5) additional one-year terms (each an "Additional Term") by giving written notice of Customer's intent to renew at least 30 days prior to the expiration of the Initial Term or any Additional Term, as the case may be, or by timely payment of the "Annual Fee" (as defined below). This Agreement may be terminated by either party by providing written notice of termination to the other party at least 30 days prior to the expiration of the Initial Term or any Additional Term. USDD may terminate this Agreement for any breach hereof upon 30 days written notice. The notice shall specify the nature of the breach. If Customer fails to cure the breach within 30 days, this Agreement shall be terminated. Notwithstanding the foregoing, USDD may terminate this Agreement immediately upon non-payment of any sum due from Customer under this Agreement or any other contract. Upon termination of this Agreement, all sums previously paid to USDD shall be nonrefundable.

14. Annual Fees. See Exhibit B of the Agreement for Services Between the City of Santa Clara, California And US Digital Designs, Inc.

15. Purchase of Additional Hardware and Software. Customer acknowledges that the Annual Fee covers only the Hardware and Software purchased under the Agreement for Services Between the City of Santa Clara and US Digital Designs, Inc. In the event Customer purchases additional Hardware and Software during any Term of this Agreement, upon expiration of the warranty on such additional Hardware and Software, Customer and USDD may amend this Service Agreement for such Hardware or Software, or include the annual fee for servicing such additional Hardware and Software to the Annual Fee, as the parties may mutually agree.

16. Reinstatement. If Customer elects not to renew this Agreement for any Additional Term or otherwise terminates this Agreement, Customer may reinstate this Agreement upon the following terms:
a. Reinstatement of this Agreement must occur within five (5) years from the Initial Term or the last Additional Term elected by Customer, whichever occurs later.

USDD reserves the right to reinstate older Systems or not reinstate newer Systems in its sole discretion.
b. The multiplier for calculation of the Annual Fee shall increase by no more than 3 percentage points from the previous annual fee charged to customer. c. Customer shall pay a Reinstatement Fee along with the Annual Fee prior to the Commencement Date. The Reinstatement Fee and Annual Fee shall be calculated using the new multiplier described above. The Reinstatement Fee Agreement with US Digital Designs, lnc./Exhibit F-Service Agreement Rev. 07-01-18

shall be a sum equal to two times the new Annual Fee, provided, however, if the System has been out of service and support for one year or less, the Reinstatement Fee shall be the amount of the new Annual Fee. The Reinstatement Fee is non-refundable.
d. If Customer reinstates this Agreement and then declines to renew this Agreement for an Additional Term or otherwise terminate this Agreement, the System shall be deemed by USDD to have been abandoned by Customer.

USDD will not provide further Services for the System, and Customer will not be allowed to reinstated service and support of the System through another Service Agreement.

17. Limited Warranty. USDD warrants that the Services performed hereunder will be carried out with due care and attention by qualified personnel. Defective Hardware subject to repair hereunder will be repaired to good working order. TO THE EXTENT PERMITTED BY

LAW, THIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN

LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW,

USDD SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED

WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LA TENT DEFECTS. If USDD cannot lawfully disclaim statutory or implied warranties then to the extent permitted by law, all such warranties shall be limited in duration to the duration of this express warranty and to repair or replacement service as determined by USDD in its sole discretion. No reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED

BY LAW, USDD IS NOT RESPONSIBLE FOR EXEMPLARY OR STATUTORY DAMAGES

RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF GOODWILL; LOSS OF REPUTATION; and LOSS OF, DAMAGE TO OR CORRUPTION OF DAT A. USDD disclaims any representation that it will be able to repair any hardware under this warranty or make a product exchange without risk to or loss of the programs or data stored thereon.

18. Virtualized Environment. If Customer elects to deploy the Communications Gateways on a virtual server hosted by Customer or other third party or parties, the following additional terms and limitations shall apply:
a. USDD does not certify any third party virtualized server solutions for implementation of USDD products, including the Communications Gateway. Use of a virtualized environment, performance of the environment and configuration shall be the sole responsibility and risk of the Customer. USDD cannot warrant or guarantee the performance of the Communications Gateway or other USDD applications in use in virtualized environments.
b. The System is a mission critical system. Customer must ensure that its personnel have been trained in the installation and deployment of any virtual server software to be used by Customer prior to attempting deployment of the Agreement with US Digital Designs, lnc./Exhibit F-Service Agreement Rev. 07-01-18

System. Customer shall be solely responsible for planning the deployment of the virtualized server components. Customer shall be responsible to configure each virtual server to meet the minimum processor, memory, disk and configuration requirements recommended for the server component as documented by USDD. c. USDD will provide support for issues that are known to occur in the Communications Gateway's native operating system, or can be demonstrated that the issue is not the result of operating the Communications Gateway in the virtual environment. USDD encourages Customer to obtain and maintain service and support for its virtual server components and software as USDD cannot provide support for the virtual environment.

19. Force Majeure. Except for Customer's duty to pay sums due hereunder, neither party will be liable for any act, omission, or failure to fulfill its obligations under this Agreement if such act, omission or failure arises from any cause beyond its control including acts of nature, strikes, lockouts, riots, acts of war, acts of terrorism, epidemics, governmental action after the date of this Agreement, fire communication line failures, power failures, earthquakes or other disasters.

The party unable to fulfill its obligations due to Force Majeure will immediately:
a. Notify the other in writing of the reasons for its failure to fulfill its obligations and the effect of such failure; and
b. Use all responsible endeavors to avoid or remove the cause and perform its obligations.

20. Headings and Usage. The headings, captions, and section numbers contained herein are provided for convenience only and are not part of the terms of this Agreement. When the context of the words used in this Agreement indicate that such is the intent, words in the singular shall include the plural, and vice versa, and the references to the masculine, feminine or neuter shall be construed as the gender of the person, persons, entity or entities actually referred to require.

21. Waiver. No failure or delay, in any one or more instances, to enforce or require strict compliance with any term of this Agreement shall be deemed to be a waiver of such term nor shall such failure or delay be deemed a waiver of any other breach of any other term contained in this Agreement.

22. Governing Law; Parties in Interest. This Agreement will be governed by and construed according to the laws of the State of California without regard to conflicts of law principles and will bind and inure to the benefit of the successors and assigns of the parties.

23. Execution in Counterparts. This Agreement may be executed in counterparts, all of which taken together shall be deemed one original. The date of this Agreement shall be the latest date on which any party executes this Agreement.

24. Entire Agreement. This Agreement may not be amended, altered, or changed except by the express written agreement of the parties.

Agreement with US Digital Designs, lnc./Exhibit F-Service Agreement Rev. 07-01-18

25. Joint Effort. This Agreement has been drafted through the joint efforts of the parties and shall not be construed against any party on the basis that such party is the drafter of this Agreement or any term thereof.

26. Savings Clause. In the event any part, provision, or term of this Agreement is deemed to be illegal or unenforceable, this Agreement shall be construed as if such unenforceable part, provision, or term had not been included herein. Such illegal or unenforceable part, provision, or term shall be deemed revised to the extent necessary to cure its defect and such revision and the remainder of the Agreement shall be and remain in full force and effect.

27. Images and Testimonials. During the term of this Service Agreement, USDD must obtain Customer's prior to taking, making or obtaining images, pictures, photographs, commentary, and video and audio recordings of Customer's System and property and reproductions of the same in whole or in part, either digitally or in any other medium now known or later discovered (collectively "Images"). In addition, USDD may request Customer to provide testimonials, endorsements, feedback or other written or oral comments concerning Customer's experience with the System (collectively 'Testimonials").

28. Customer Representative. The undersigned representative of Customer hereby represents and warrants thats/he has the authority to bind Customer and that the execution, delivery and performance by Customer under this Agreement will not violate the provisions of any law, rule, regulation or policy, and will not conflict with or result in the breach or termination or constitute a default under any agreement or instrument to which Customer is a party.

By:

Na
Its:

Oat
Agreement with US Digital Designs, lnc./Exhibit F-Service Agreement Rev. 07-01-18
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
21-415 Agenda Date: 9/28/2021

REPORT TO COUNCIL

SUBJECT
Action on Agreement with US Digital Designs for a Fire Station Alerting System

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
Public Safety Dispatchers rely on the fire station alerting system to notify fire station(s) of an incoming emergency. The fire station alerting system provides personnel with the necessary details to respond to the incident.

The existing fire station alerting system was installed over 20 years ago and is at end-of-life status.

The new fire station alerting system will help the Fire Department meet its performance objectives and will contribute to enhanced firefighter wellness and resilience.

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

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

In 2020, a competitive Request for Proposal (RFP) was advertised on the City’s bid notification system for a Contractor to provide a fire station alerting system. Sixty-three vendors viewed the RFP, and three proposals were received from Bryx, Inc., PURVIS Systems, and US Digital Designs, Inc. (USDD), respectively. Proposals were independently evaluated by four representatives from the Fire Department and two representatives from the Department of Information Technology. The evaluation criteria set forth in the RFP were experience, technical capability, and cost. Finalists were required to participate in demonstrations and the City elected to conduct a Best and Final Offer (BAFO) to ask clarifying questions regarding the proposed solution and to provide proposers a final opportunity to revise their proposed costs.

References were checked with City of Palo Alto, Mountain View Fire Department, and the Santa Clara County Fire Department. All references checked positive.

USDD is recommended for award of contract as having submitted the best value proposal. They demonstrated experience deploying the proposed system at numerous fire departments across the country. USDD’s technology meets or exceeds the requirements in the RFP and they have a dedicated team on the west coast available for on-demand customer support. In addition, USDD lowered their original price by $45,000 through the BAFO process.

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21-415 Agenda Date: 9/28/2021
Under the proposed agreement, US Digital Designs will provide professional services for project planning, system implementation, configuration, testing, training, and support services. The initial term of the agreement will be five years which covers the purchase and implementation of the software and hardware, plus four years of software support services. The City may extend the term of the Agreement for five additional years for ongoing support services after the initial five-year term.

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
US Digital Designs’ system has a first-year cost of approximately $571,774. In FY 2021/22, this first year cost is funded in the Computer Aided Dispatch (CAD) Alerting System Upgrade capital project (project #4094) in the Fire Department Capital Fund. The annual ongoing cost for support services after the first year is $13,342 for Year 2, which is for 6 months of support services (the initial purchase includes 18-Months of warranty and support) and $26,684 annually for Years 3 through 5. The ongoing cost has been factored into the General Fund Operating Budget for the Fire Department.

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

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

RECOMMENDATION

1. Authorize the City Manager to negotiate and execute an Agreement with US Digital Designs, Inc. to provide services for the purchase, installation and implementation of a fire station alerting system for an initial five-year term beginning on or about September 28, 2021 and ending on or about September 30, 2026 with maximum compensation not-to-exceed $665,167.54 and subject to the appropriation of funds;

2. Authorize the City Manager to execute amendments to the Agreement up to $67,000 for contingencies in the event there are unanticipated changes during the initial term of the Agreement, subject to the appropriation of funds; and

3. Authorize the City Manager to extend the term of the Agreement for five additional years ending on or about September 30, 2031, at a cost of up to $40,000 annually for Years 6 through 10. These ongoing costs will be factored into the General Fund Operating Budget for the Fire Department and subject to the appropriation of funds.

Reviewed by: Ruben Torres, Fire Chief, Santa Clara Fire Department Approved by: Deanna J. Santana, City Manager
City of Santa Clara Printed on 9/30/2021Page 2 of 3
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21-415 Agenda Date: 9/28/2021

ATTACHMENTS

1. Agreement with US Digital Designs Draft
City of Santa Clara Printed on 9/30/2021Page 3 of 3
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-922 Agenda Date: 8/30/2022

REPORT TO COUNCIL

SUBJECT
Action on Designating a Voting Delegate for the 2022 League of California Cities Annual Business Meeting and City Positions on Proposed Bylaws Amendments

BACKGROUND
The League of California Cities (Cal Cities) Annual Conference will be held in Long Beach on September 7-9, 2022. The Cal Cities Annual Business Meeting is scheduled on September 8, 2022.

During the conference, Cal Cities will hold its Annual Business Meeting where the membership would normally consider and act on Annual Conference resolutions that establish Cal Cities policy. Annual Conference resolutions guide Cal Cities and member cites improve the quality, responsiveness, and vitality of local government in California.

The City of Santa Clara (City) is a full voting member of Cal Cities. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy. In order to vote at the Annual Business Meeting, the City Council (Council) must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity.

DISCUSSION
Cal Cities is requesting that the City designate a voting delegate and up to two alternates who will be present at the Annual Business Meeting.

Councilmember Kevin Park is currently registered to attend the 2022 Cal Cities Annual Conference.

Staff recommends that the Council designate Councilmember Kevin Park to serve as the voting delegate, since no other Councilmembers are registered to attend. There will be no assigned alternate voting delegate.

This year, Cal Cities did not receive any resolutions to be considered at the Annual Conference, however, there will be an amendment to Cal Cities bylaws to be considered and voted on during the business meeting. The proposed bylaws amendments packet that includes the specific amendment language is attached to this report (Attachment 1).

On July 15, 2022, the Cal Cities’ Board voted to present the following proposed bylaws amendments to the General Assembly at the 2022 Annual Conference that would further enhance Cal Cities’ governance (#1-2) and other non-substantive revisions (#3-5):

1. Formalize oversight of the Resolutions Committee by establishing the Second Vice President City of Santa Clara Printed on 8/24/2022Page 1 of 3
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22-922 Agenda Date: 8/30/2022
as the chair of the committee, while retaining the President’s authority to appoint the vice chair of the committee.

2. To ensure a more inclusive Nominating Committee, add one committee member appointed from among the Caucus Directors and one additional committee member appointed from among the At-Large Directors for a total of 13 committee members.

3. Clarify that, unless the Board establishes otherwise, the Cal Cities President appoints the chair of Board-established committees.

4. To avoid confusion and clarify organizational responsibilities, remove “Treasurer” from the title of the Second Vice President.

5. To promote consistency, replace the term “Board member(s)” with “Director(s).

Staff and the City’s legislative consultant, Townsend Public Affairs, have reviewed the proposed bylaws amendments which would primarily change the titles of some officers and make slight changes to committee membership and the appointment process. Staff recommends approving a “Support” position for these proposed bylaws amendments.

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 Cal Cities Annual Conference expenses for Council attendance are included in the FY 2022/23 Adopted Biennial Operating Budget. This conference falls outside of the travel expenditure reduction controls for the Administration. It is valuable for City representatives to participate and represent the City given the pandemic and other legislative activity that is in the City’s interest.

COORDINATION
This report was 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]> .

RECOMMENDATION

1. Designate Councilmember Kevin Park to serve as the voting delegate to represent the City of Santa Clara at the 2022 League of California Cities Annual Business Meeting; and

2. Approve a “Support” position for the proposed bylaws amendments outlined in the attached 2022 Annual Conference and Expo Proposed Bylaws Amendments packet which will 1) designate the Second Vice-President as the Resolutions Committee chair, while retaining the President’s authority to appoint the vice chair of the Resolutions Committee; 2) adjust the composition of the Nominating Committee by adding one At-Large Director and one Caucus Director for a total of 13 Nominating Committee members; 3) provide that, unless the Board establishes otherwise, the Cal Cities President appoints the chair of board-established committees; 4) replace the title “Second City of Santa Clara Printed on 8/24/2022Page 2 of 3
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22-922 Agenda Date: 8/30/2022
Vice-President/Treasurer” with “Second Vice President”; and 5) replace the term “board member (s)” with “Director(s)”; and authorize the City’s voting delegate to cast a vote consistent with the Council’s adopted position.

Reviewed by: Maria Le, Assistant to the City Manager
Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. 2022 Annual Conference and Expo Proposed Bylaws Amendments City of Santa Clara Printed on 8/24/2022Page 3 of 3
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2022 Annual Conference and Expo

PROPOSED BYLAWS AMENDMENTS

General Assembly
September 9, 2022

If you have any questions regarding these materials, please contact Norman Coppinger at [email protected]
or by phone at 916.658.8277.

LEAGUE OF
1 CALIFORNIA
CITIES
2021-2022

CAL CITIES OFFICERS
President
Cindy Silva
Mayor Pro Tem,
Walnut Creek
First Vice President
Ali Taj
Council Member,
Artesia
Second Vice President
Daniel Parra
Council Member,
Fowler
Immediate Past President
Cheryl Viegas Walker
Council Member,
El Centro
Executive Director
and CEO
Carolyn M. Coleman
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org August 2022
To
: Cal Cities General Assembly
From: Cindy Silva, President
Carolyn Coleman, Executive Director and CEO
Re: Proposed Cal Cities Bylaws Amendments
On July 15, 2022, the League of California Cities (Cal Cities) Board of Directors (Board) voted to present proposed bylaws amendments to the General Assembly at the 2022 Cal Cities Annual Conference and Expo. This memorandum outlines the history of the proposed amendments, summarizes the amendments, and provides an explanation of the process for adopting amendments to the bylaws.

Background
Beginni
ng in 2017, the Board directed Cal Cities to undertake a strategic planning process that resulted in the adoption of the “Powering Up for California Cities Strategic Grown Plan 2018-2021” (Strategic Growth Plan). The Strategic Growth Plan set forth goals to enhance Cal Cities’ governance to: (a) achieve even higher levels of engagement and effectiveness; (b) ensure optimal engagement by members and effectiveness in supporting fulfillment of the Cal Cities’ mission; and (c) ensure the pathway to leadership is transparent and inclusive.

In furtherance of its governance goals, the Board engaged an association governance consultant (Consultant) to evaluate the Cal Cities governance system and make recommendations for enhancing Cal Cities’ governance. The Consultant gathered and considered input from more than 350 Cal Cities members through advisory groups, roundtable discussions, interviews, and surveys. On July 8, 2021, the Consultant produced a report (Governance Report) detailing 49 recommendations to the Board to deepen the engagement of Cal Cities Member Cities and ensure Cal Cities’ governance is operating at peak performance.

The Governance Report included findings indicating that Cal Cities is a strong organization, with a high level of member engagement, but also highlighted opportunities for Cal Cities to enhance its governance. The opportunities for enhancement included: (a) improving the clarity, ease, and consistency in how the governance system works; (b) clarifying the guidelines for position qualifications and performance expectations; (c) identifying ways to deepen member engagement and enhance the quality of the experience of involvement; and (d) ensuring Cal Cities has an intentional, consistent organizational culture at all levels of the governance system.
1 LEAGUE OF

CALIFORNIA
CITIES

The findings and recommendations from the Governance Report were presented to the Board during the July 2021 Board meeting. Following a robust exchange of ideas and input, the Board decided to move forward with many of the recommendations, referred other recommendations to a “to be established” board subcommittee for further study, and deferred consideration of the remaining recommendations.

Following Board approval, in September 2021 during the Cal Cities Annual Conference and Expo, the General Assembly voted to approve the following bylaws amendments:

1. Adjust the composition of the Board to achieve a higher impact and be more representative by adding Director seats to the Board for each of the five Diversity Caucuses, and transitioning members of the National League of Cities Board from Cal Cities Directors to one non-voting advisor to the Cal Cities Board.

2. Recognize the Cal Cities Diversity Caucuses in the Cal Cities bylaws to reflect the full contribution the caucuses make to Cal Cities’ mission and vision.

Those amendments became effective on Nov. 24, 2021.

Among the recommendations the Board decided was a priority to move forward was the establishment of a standing Governance Committee to assist the Board in fulfilling its governance function.

At its February 2022 meeting, the Board voted to approve Board policy establishing the Governance Committee with the task of regularly reviewing the governance structures, policies, and practices of Cal Cities and reporting its findings and recommendations to the Board. The Board also approved a one-year work plan for the Governance Committee that established priority governance issues to focus on in its first year.

Following the Board meeting, President Cindy Silva appointed the following Board members to serve on the Governance Committee:

• Cheryl Viegas Walker, Immediate Past President and Council Member, El Centro, Chair • Walt Allen, Council Member, Covina
• Jan Arbuckle, Vice Mayor, Grass Valley
• LaTanya Bellow, Deputy City Manager, Berkeley
• Pippin Dew, Council Member, Vallejo
• Lynne Kennedy, Mayor Pro Tem, Rancho Cucamonga
• Karen Goh, Mayor, Bakersfield
• Jim Lewis, City Manager, Pismo Beach
• Lisa Middleton, Mayor, Palm Springs
• John Minto, Mayor, Santee
• David Pollock, Council Member, Moorpark

2 The Governance Committee met in April 2022, and following engaging and productive discussions, brought forward to the Board at its May 2022 meeting several recommendations to further enhance Cal Cities’ governance. Among the recommendations approved by the Board during that meeting are two that require bylaws amendments:

1. Formalize oversight of the Resolutions Committee by establishing the Second Vice President as the chair of the committee, while retaining the President’s authority to appoint the vice chair of the committee.

2. To ensure a more inclusive Nominating Committee, add one committee member appointed from among the Caucus Directors and one additional committee member appointed from among the At-Large Directors for a total of 13 committee members.1

In addition to those recommendations identified by the Governance Committee and approved by the Board, Cal Cities staff identified various non-substantive revisions to the Cal Cities bylaws:

1. Clarify that, unless the Board establishes otherwise, the Cal Cities President appoints the chair of Board-established committees.

2. To avoid confusion and clarify organizational responsibilities, remove “Treasurer” from the title of the Second Vice President.
2 3. To promote consistency, replace the term “Board member(s)” with “Director(s).”3

On July 15, 2022, the Board voted to present these proposed bylaws amendments to the General Assembly at the 2022 Cal Cities Annual Conference and Expo.

While the work to enhance Cal Cities’ governance is a process being implemented in phases over several years, the Board believes these proposed amendments constitute important next steps toward ensuring Cal Cities’ governance is operating at peak performance.

1 Under the current bylaws, the Nominating Committee is comprised of 11 Directors. Two committee members are appointed from among At-Large Directors and one from a Department. Divisions participate on a rotation, with Directors residing within eight of the Divisions appointed in even-numbered years and Directors from the other eight appointed in odd-numbered years. 2 Under the current bylaws, the Second Vice President is referred to as “Second Vice President/Treasurer.” However, in practice the Second Vice President does not serve as treasurer of Cal Cities. Rather, that function is performed by the Chief Financial Officer designated in Article VIII, section 5, subdivision b(2), of the Cal Cities bylaws.
3 The current bylaws primarily refer to members of the Cal Cities Board of Directors as “Directors.” However, there are instances in which they are referred to as “Board members.” 3 Procedure for Amending the Cal Cities Bylaws

Amendments to the Cal Cities bylaws may be proposed by the Cal Cities Board and may be adopted: (a) by vote of the Cal Cities General Assembly, or (b) by mail ballot to Member Cities.4 In this case, the amendments will be considered by the General Assembly. Bylaws amendments need to be approved by 2/3 of those voting,5 and the number that constitutes 2/3 of those voting (a) cannot be less than a majority of the voting delegates present if there is a quorum at the time the vote is taken;
6 or (b) cannot be less than a majority of a quorum if the meeting started with a quorum but a quorum is not present when the vote is taken.7

If approved by the General Assembly, the amendments to the bylaws will go into effect after the expiration of a 60-day protest period.
8 If, within 60 days after the adoption of the amendments, one-third or more of Member Cities submit a written protest against such amendments, the amendments are automatically suspended until the next Annual Conference and Expo, when they may be taken up again for reconsideration and vote.9 If the amendments are approved by the General Assembly and no protest is lodged, the effective date of the bylaws amendments will be Nov. 9, 2022.

4 Article XVII, Section 1.
5 Article XVII, Section 2.
6 Cal. Corp. Code 7512, subd. (a).
7 Cal. Corp. Code 7512, subd. (d).
8 Article XVII, section 6.
9 Article XVII, section 7.
4 RESOLUTION RELATING TO AMENDMENTS TO THE CAL CITIES BYLAWS (2/3 vote at General Assembly required to approve)

Source : League of California Cities Board of Directors

WHEREAS, the League of California Cities (Cal Cities) is a nonprofit mutual benefit corporation under California law and, as such, is governed by corporate bylaws; and

WHEREAS, the Cal Cities Board of Directors (Board) periodically reviews the Cal Cities bylaws for issues of clarity, practicality, compliance with current laws, and responsiveness to membership needs and interests; and

WHEREAS, beginning in 2017, the Board directed Cal Cities to undertake a strategic planning process that resulted in the adoption of the “Powering Up for California Cities Strategic Growth Plan 2018-2021” (Strategic Growth Plan); and

WHEREAS, the Strategic Growth Plan set forth goals to enhance Cal Cities’ governance to: (a) achieve even higher levels of engagement and effectiveness; (b) ensure optimal engagement by members and effectiveness in supporting fulfillment of the Cal Cities’ mission; and (c) ensure the pathway to leadership is transparent and inclusive; and

WHEREAS, in furtherance of its governance goals, the Board engaged an expert in association governance who gathered and considered input from more than 350 Cal Cities members through advisory groups, roundtable discussions, interviews, and surveys to evaluate the Cal Cities governance system and make recommendations for enhancing Cal Cities’ governance; and

WHEREAS, in July 2021 the Board decided to move forward with certain recommendations made as a result of that governance evaluation, including a recommendation to establish a standing Governance Committee of the Board to assist the Board in fulfilling its governance function; and

WHEREAS, in February 2022 the Board approved Board policy establishing the Governance Committee and charging it with regularly reviewing the governance structures, policies, and practices of Cal Cities, and reporting its findings and making recommendations to the Board; and

WHEREAS, in 2022 the Governance Committee recommended, and the Board, approved certain changes to the bylaws that: (1) formalize the oversight of the Resolutions Committee; (2) ensure a more inclusive Nominating Committee by adding one committee member appointed from among Caucus Directors and one additional committee member appointed from among At- Large Directors; (3) clarify that, unless the board establishes otherwise, the Cal Cities President appoints the chair of board-established committees; and (4) make various non-substantive revisions; and

5 WHEREAS, the Cal Cities Board offers the following proposed amendments and additions to the bylaws, as set forth in the attached redlined version of the bylaws specified below, which is hereby incorporated by reference:

1. Amend Article VI, section 3(c) to designate the Second Vice-President as the Resolutions Committee chair, while retaining the President’s authority to appoint the vice chair of the Resolutions Committee;

2. Amend Article VII, section 5(b) to adjust the composition of the Nominating Committee by adding one At-Large Director and one Caucus Director for a total of 13 Nominating Committee members;

3. Amend Article VII, Section 10(d) to provide that, unless the Board establishes otherwise, the Cal Cities President appoints the chair of board-established committees;

4. Replace the title “Second Vice-President/Treasurer” with “Second Vice President” in Article VII, sections 2(a), 5(e), and 10(b); and Article VIII, sections 1, 2(c), and 4;

5. Replace the term “board member(s)” with “Director(s)” in Article VII, sections 5(b), 5(e), and 8; Article XII, section 5(c); and Article XV, section 4; and now therefore, be it

RESOLVED, by the General Assembly of the League of California Cities assembled during the Annual Conference in Long Beach on September 9, 2022, that the proposed bylaws amendments are hereby approved and Cal Cities shall make the specified amendments to the Cal Cities bylaws set forth in the attached redlined version of the bylaws.

See ATTACHMENT 1 for redline of proposed changes to the bylaws. 6 ATTACHMENT 1
Redline of Proposed Changes to Bylaws

7 Bylaws for the
League of California Cities
…
Article VI. Resolutions
…
Section 3: Resolutions Committee for Annual Conference Resolutions.

(a) Resolutions Committee Composition. The Cal Cities President establishes a Resolutions Committee sixty days prior to each Annual Conference, which committee shall consist of:

(i) One elected official from each regional division, appointed by the regional division;

(ii) One elected official from each policy committee, appointed by the policy committee;

(iii) One member from each functional department, appointed by the department;

(iv) One elected official from each caucus, appointed by the caucus; and

(v) Up to ten additional members (at least five of whom are elected officials) as the Cal Cities President deems necessary to achieve geographic and population balance, as well as recognize the multiplicity of city functions not represented by the other appointments, including, but not limited to, the perspectives of board and commission members as well as professional staff.

(b) Presidential Appointments. In the event a regional division, policy committee, functional department, or caucus does not make its appointment to the Resolutions Committee, the Cal Cities President may make the appointment on the regional division’s, policy committee’s, functional department’s, or caucus’s behalf.

(c) Chair. The Cal Cities President shall also appoint to the Resolutions Committee a committee chair and vice chairSecond Vice-President shall serve as committee chair. The Cal Cities President shall also appoint to the Resolutions Committee a vice chair.

(d) Minimum Committee Size and Composition. In the event the full committee is not in attendance at the Annual Conference, the Cal Cities President shall appoint a sufficient number of city officials in attendance to achieve a total of thirty. No less than two-thirds of the members of the Resolutions Committee shall be elected officials.

8 (e) Committee Consideration of Proposed Resolutions. Except for resolutions of courtesy, commendation, appreciation or condolence, no resolution expressing the opinion or policy of Cal Cities on any question may be considered or discussed by Cal Cities’ General Assembly, unless it has been first submitted to, and reported on, by the Resolutions Committee. …
Article VII: Board of Directors
…
Section 2: Composition.

The Cal Cities Board is composed of the following:

(a) A President, First Vice-President and Second Vice-President/Treasurer, who each serve a term of one year;

(b) The Immediate Past President who serves for a term of one year, immediately succeeding his or her term as President;

(c) Twelve Directors-at-Large,

(i) Who serve staggered two-year terms, and

(ii) At least one of whom is a representative of a small city with a population of 10,000 or less;

(d) One Director to be elected from each of the regional divisions, functional departments, and caucuses of Cal Cities, each of whom serves for a term of two years; and

(e) Ten Directors that may be designated by the mayors of each of the ten largest cities in California to serve two-year terms.

(f) For purposes of this section, the population of each city is the most current population as determined by the California Department of Finance, Demographic Research Unit, or its successor agency or unit. If no successor agency or unit is named, the most current population used to determine these dues shall be used to determine future dues until such time as these bylaws are amended to designate a new source for determining city population.

(g) Directors hold office until their successors are elected and qualified.

…

9 Section 5: Nomination Process.

(a) Timing. The Cal Cities President, with the concurrence of the Cal Cities Board, shall establish a nominating committee at the first Board meeting of the calendar year in which the election is to occur.

(b) Composition. The nominating committee shall be comprised of eleven thirteen Board membersDirectors. ThreeTwo nominating committee members shall be At-Large Directors, and one shall represent a functional department, and one shall represent a caucus. Regional divisions shall be represented on the nominating committee on the following rotating basis:

(i) Even-Numbered Years: In even-numbered years, the Central Valley, Imperial County, Monterey Bay, North Bay, Orange County, Redwood Empire, Sacramento Valley and San Diego County
Regional Divisions shall be represented on the nominating committee.

(ii) Odd-Numbered Years: In odd-numbered years, the Channel Counties, Inland Empire, Desert-Mountain, East Bay, Los Angeles County, Peninsula, Riverside County, and South San Joaquin Regional Divisions shall be represented on the nominating committee.

(c) Nominating Committee Chair. The Cal Cities President shall appoint the chair of the nominating committee.

(d) Candidates for Positions Ineligible. Candidates for officer and at-large positions on the Cal Cities Board are not eligible to serve on the nominating committee. In the event a regional division representative on the nominating committee wishes to be a candidate for an officer or at-large position, the Cal Cities President will appoint a substitute nominating committee member from the same regional division, if available. If one is not available, the President shall appoint a substitute from a nearby regional division.

(e) Duties. The duties of the nominating committee are to:

(i) Member Outreach. Publicize the qualifications for the offices of Second Vice Vice-President/Treasurer and the at-large members of the Cal Cities Board to Cal Cities’ Member Cities;

(ii) At-Large and Second Vice-President Recommendations. Make recommendations to the Cal Cities Board on the following year’s Cal Cities officers and at-large board membersDirectors; and

(iii) President and First Vice President Recommendation.

Recommend whether the previous year’s First Vice President 10 becomes President and the previous year’s Second Vice- President/Treasurer becomes First Vice President.

(f) Notice to Members. An explanation of the nomination process and relevant deadlines for submitting nominations to the nominating committee shall be publicized in Cal Cities publications and communications throughout the year, along with the identity of nominating committee members once such members are appointed. In addition, the nominating committee shall inform the membership of the opening of the nominations for the following year when it makes its report to the general membership as provided in Article VI, Section 5(g) below.

(g) Decision and Report. The nominating committee’s recommendations shall be communicated to the Cal Cities Board not later than 30 days prior to the date of Cal Cities’ Annual Conference and again at the Annual Conference.

In addition, the nominating committee shall make its report to the membership at the opening general session of the Annual Conference.

(h) Election. The election of Cal Cities Board officers and Directors-at-Large shall occur at a Cal Cities Board meeting at the Annual Conference as provided in Article VII, Section 4(c) and Article VII, section 3.

…
Section 8: Meetings and Meeting Notice.

(a) Regularly Scheduled Board Meetings. The Cal Cities Board shall meet no fewer than four times a year. Notice of regularly scheduled Board meetings shall be mailed to each Director at least 14 days before any such meeting.

(b) Emergency Board Meetings. A good faith effort shall be made to provide notice of any emergency board meetings (for example, by first-class mail, personal or telephone notification, including a voice messaging system or other system or technology designed to record and communicate messages, telegraph, facsimile, electronic mail, or other electronic means).

(c) Telephonic or Electronic Participation. Members of the Cal Cities Board may participate in any meeting through the use of conference telephone or similar communications equipment, so long as all members participating in such meeting can hear one another. Participation in a meeting by this means constitutes presence in person at such meeting.

(d) Notice Content. All meeting notices shall include the meeting date, place, time, and, as applicable, the means by which a Cal Cities Board memberDirector may participate electronically.
…

11 Section 10: Committees.

(a) General. The Cal Cities Board may establish committees to study city problems, advise on Cal Cities educational efforts, make recommendations with respect to Cal Cities advocacy efforts, or to engage in other appropriate Cal Cities service.

(b) Executive Committee.

(i) Composition. The Executive Committee of the Cal Cities Board consists of the following: the Cal Cities President, First Vice- President, Second Vice-President/Treasurer, Immediate Past President and Executive Director.

(ii) Authority. The Executive Committee has authority to act for the Cal Cities Board between Board meetings, provided that no action of the Executive Committee is binding on the Cal Cities Board unless authorized or approved by the Board.

(c) Standing Policy Committees.

(i) Charge. Cal Cities shall have a series of standing policy committees, whose charge shall be to make recommendations to the Cal Cities Board on matters within the committees’ jurisdiction, as well as fulfill other duties specified in these bylaws (see, for example, Article VI, section 4(b)).

(ii) Membership. Each Cal Cities Policy Committee shall be comprised of the following:

• Two members appointed by each regional division president;

• One member appointed by each functional department president;

• One member appointed by each caucus president;

• No more than 16 members appointed by the Cal Cities President, to provide population and geographic balance, as well as expertise; and

• Such representatives of affiliate organizations in the capacity authorized by the Cal Cities Board.

(iii) Feedback. Policy committees shall receive information on actions taken on committee recommendations and the reasons for those actions.

12 (d) Committee Chairs and Vice Chairs. Unless the Cal Cities Board establishes otherwise, Tthe Cal Cities President appoints the chair of all Cal- Cities-wide committees. The term of such appointments coincides with the Cal Cities President’s term. The Cal Cities President may appoint vice chairs for such committees, as the Cal Cities President deems necessary. …

Article VIII: Officers

Section 1: Identity.

The officers of Cal Cities are a President, a First Vice-President, a Second Vice- President/Treasurer, an Immediate Past President, and an Executive Director.

Section 2: Duties of Cal Cities Officers.

(a) President. The President presides at all Cal Cities Board meetings and all General Assemblies. The President has such other powers and duties as may be prescribed by these bylaws or the Cal Cities Board.

(b) First Vice-President. The First Vice-President carries on the duties of the President in the President’s temporary absence or incapacity. The First Vice- President has such other powers and duties as may be prescribed by these bylaws or the Cal Cities Board.

(c) Second Vice-President/Treasurer. The Second Vice-President/Treasurer carries on the duties of the President in the President’s and First Vice- President’s temporary absence or incapacity. The Second Vice- President/Treasurer has such other powers and duties as may be prescribed by these bylaws or the Cal Cities Board.
…
Section 4: Vacancies.

A vacancy in the office of President is filled by the Immediate Past President who shall serve for the unexpired term of office and, upon election of a new President at the next Annual Conference, shall subsequently serve a full term as Immediate Past President.

In the event the Immediate Past President is not available to fill the vacancy in the office of the President, or declines in writing, it shall be filled by the succession of the First Vice-President to that office. A vacancy in the office of First Vice-President, or Second Vice-President/Treasurer, is filled for the un-expired term by appointment by the Cal Cities Board of a member of the Cal Cities Board. A vacancy in the office of the Immediate Past President is filled for the un-expired term by the last Past President continuing to hold a city office.
…

13 Article XII: Voting
…
Section 5: Mail Balloting.

In addition to voting at Cal Cities meetings, Cal Cities may solicit member input by mail ballot.

(a) Mailing.
10 The question(s) to be voted upon, along with explanatory materials and a ballot, shall be mailed by first class mail to each Member City for consideration and action.

(b) Time Frame for Action. Member Cities shall have at least 45 days to cast their vote. Ballots shall be cast by returning the Member City’s ballot to Cal Cities’ principal office in Sacramento.

(c) Ballot Tabulation and Results Announcement. The Cal Cities President will appoint a counting committee of three board membersDirectors to count the votes cast by mail ballot. The counting committee will submit its count to the Cal Cities Board, which shall canvass the vote and announce the results.

(d) Functional Departments, Regional Divisions, and Caucuses.

Departments, divisions, and caucuses may also use mail balloting under procedures specified in their respective bylaws.
…
Article XV: Prohibited Transactions
…

Section 4: Ethical Considerations.

These restrictions, of course, represent the floor, not the ceiling, for ethical conduct as a Cal Cities board memberDirector or policy committee member. If a board memberDirector or policy committee member believes that there are circumstances under which Cal Cities’ members might reasonably question the board member’sDirector’s or policy committee member’s ability to act solely in the best interests of Cal Cities and its member cities, the prudent course is to abstain. As an example, typically Cal Cities board membersDirectors have abstained from participating in decisions on legislation that would affect organizations for which they work. Another example is legislation that would uniquely benefit a board member’sDirector’s city.

Policy committee members should also consider abstaining in similar circumstances.

10 The Administrative Services Committee recommends Cal Cities also include notice of the upcoming ballot in a variety of Cal Cities communications to alert Member Cities to make inquiry in the event a city’s ballot is lost in the mail.

14 City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-931 Agenda Date: 8/30/2022

REPORT TO COUNCIL

SUBJECT
Authorize the City Manager to negotiate and execute a Memorandum of Understanding (MOU) with the County of Santa Clara for a Psychiatric Emergency Response Team (PERT) program in a form substantially similar to the attached draft MOU

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
Over the past decade, there has been an increase in calls for service for persons experiencing mental health crises throughout the region. Over this same timeframe, there has been concern at the county and State level about the overrepresentation of persons with mental illnesses in jails and prisons. The criminal justice system has emphasized diverting individuals with mental health struggles at the earliest point possible, preferably according to the system at the initial point of contact with law enforcement. Meanwhile, law enforcement agencies continue to come across the same individuals experiencing crises.

In 2015, the Police Department coordinated a two-year $220,000 agreement with the County of Santa Clara Behavioral Health Services Department (BHSD) for intensive case management for up to 20 chronically homeless individuals. This agreement has been amended every two years and expired on June 30, 2022. The Community Development Division is in negotiations with the BHSD for a $250,000 agreement for intensive case management for chronically homeless individuals, plus $100,000 for homeless prevention services. If approved, this two-year agreement will expire on June 30, 2024.

In 2017, the County Board of Supervisors approved the development of a BHSD Psychiatric Emergency Response Team (PERT) program. The PERT program was established to provide the highest possible level of service to someone in acute mental crisis before the situation worsens or requires hospitalization. The following year, the County established a pilot Mobile Crisis Response Team (MCRT). The MCRT provides law enforcement agencies throughout the County with in-field response to in-progress crises.

In 2019, the Police Department rebranded the Nuisance Suppression Unit to the Community Response Team (CRT). With the rebranding came a shift in emphasis from nuisance suppression and abatement to expanded goals of crime reduction, addressing long-term public safety issues and promoting community wellness, often among vulnerable communities.

During the same timeframe, numerous law enforcement agencies throughout the United States started pairing police officers with licensed clinicians to respond to calls involving an individual in a City of Santa Clara Printed on 8/24/2022Page 1 of 5
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mental health crisis. Retired Police Chief Michael J. Sellers began communicating with BHSD about the Police Department’s interest in establishing a PERT and Mental Health Collaboration Program in partnership with the County.

While the Police Department utilizes the MCRT as needed, and collaborates with its two clinicians on unique cases, these resources do not match the demand County-wide. As a result, on November 13, 2018, the Police Department sought City Council approval for the Citizen’s Option for Public Safety (COPS) program Supplemental Law Enforcement Services Fund spending plan and the related budget amendment (RTC 18-930); the item passed unanimously. Of the $307,179 received as part of this funding allocation, $180,000 was earmarked for a Memorandum of Understanding (MOU) with BHSD to establish a pilot PERT program with a mental health clinician.

While BHSD utilized Mental Health Services Act (Proposition 63) funding to establish PERT partnerships with the Santa Clara County Sheriff’s Office, San Jose, Palo Alto and Gilroy Police Departments according to youth suicide statistics and an interest to expand geographical coverage, BHSD’s staffing levels precluded their ability to enter into an MOU with the Santa Clara Police Department at that time.

Meanwhile, in December 2020, the CRT expanded to include two Crisis Intervention Specialists (CIS). CIS operates from an unmarked vehicle, officers wear plain clothes, and are tasked with responding to calls for service that may involve a mental, behavioral or emotional health situation, identifying the situation, assisting with coordinating social services and conducting follow-up with family members following the episode. CIS also makes contact with individuals and/or families that have come to the attention of the Police Department where mental health services may be needed.

In 2021, the Police Department responded to 1,169 mental health-related events, 31% of which resulted in psychiatric hospitalization. CIS members were able to follow up on 460 reported mental health incidents where collaboration with family members and a connection to resources would be most beneficial.

In January 2022, the Police Department initiated the Special Needs Awareness Program (SNAP). It, too, is designed to improve police interactions with members of the community. SNAP provides first responders with important information when responding to calls for service that involve individuals with special needs. Participation in SNAP is voluntary, and information collected is stored in a confidential database. This database is accessed by public safety dispatchers should an emergency or non-emergency call for service involve the registered individual, their associated vehicle license plate number or address. In this case, relevant information may be disclosed to responding first responders alerting responding personnel of accommodations that may need to be considered upon arrival and/or during the incident.

Training
For years, the Police Department’s Training Unit has incorporated innovative strategies to improve the officers’ decision-making ability when encountering individuals who resist lawful action. These strategies (e.g. time, distance, cover, etc.) and tactics (e.g. active listening, negotiation, less lethal equipment, etc.) help increase the odds of the City’s officers decreasing the intensity of a given situation. These tools are intended to empower officers to assess the risk, evaluate options in response to perceived threats and consider the consequences of alternative responses for better outcomes for officers and the community, ideally with a reduction in the amount of force necessary.

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As a result, the Police Department has been meeting and/or exceeding all of the new Federal guidelines for some time through Department policy and/or California State mandates.

Training includes, but is not limited to, Crisis Intervention Training (CIT) among public safety dispatchers and police officers to help recognize signs of suicidal or homicidal ideation, self-injurious behavior, mood disorders, psychotic disorders and substance misuse. CIT programs create connections between law enforcement, mental health providers, hospital emergency services and individuals with mental illness and their families. Through intensive training and these collaborative partnerships, CIT improves communication, minimizes the use of force, increases officer and community safety and identifies mental health resources for those in crisis. CIT is also intended to aid in keeping people with mental illness out of jail through reduced arrests and treatment for recovery.

DISCUSSION
Nationally, psychologists have long played an important role in policing, including assessing the mental health of officer candidates, and counseling officers who may be struggling after experiencing traumatic incidents. Now, after highly visible incidents across the country have brought into question the adequacy of police officers’ training to respond to mental health crisis calls, progressive law enforcement agencies are partnering with clinicians to collaborate more closely on emergency responses.

In 2021, it is estimated that approximately 2% of police calls for service in the City of Santa Clara involve an individual behaving erratically or experiencing a mental health crisis; people disabled by substance abuse and/or intoxication is much more difficult to quantify but is undoubtedly greater. The vast majority of these calls do not involve crimes or violence, yet the broader community is ill- equipped to safely and effectively handle the situation. Individuals in crisis often encounter barriers preventing them from receiving the proper services, and unmet attention can result in added reliance on law enforcement. While there has been national attention to make critical support services more accessible, locally there are not services to match demand.

From 2020 through present, a number of local (e.g. lockdown, quarantine, physical distancing, masking), national (e.g. impeachment trial and election protests, stock market crash, wildfires, civil unrest and call for social justice, curfew, unprecedented unemployment, gun violence, Roe vs Wade Supreme Court decision) and global (e.g. pandemic, vaccine rollout) incidents have fostered feelings of uncertainty, fear and loneliness. These factors, alone or combined, have translated into higher levels of psychological distress, stress, anxiety and/or depression.

Year Police
Calls for
Service
Police
Self-
Initiated
Calls for
Service
Events
Involving
Use of
Force
Number of
Incidents
that
Involved
the
Discharge
of a
Firearm
Events with
a Mental
Health
Disposition
Code
Events
Resulting
in a
Detention
2019 61,931 17,608 100 1 n/a n/a **
2020 68,865 18,339 87 0 136 * n/a **
2021 61,421 14,921 84 0 1,181 371
2022 ** 26,044 7,024 53 0 509 172
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22-931 Agenda Date: 8/30/2022
Year Police
Calls for
Service
Police
Self-
Initiated
Calls for
Service
Events
Involving
Use of
Force
Number of
Incidents
that
Involved
the
Discharge
of a
Firearm
Events with
a Mental
Health
Disposition
Code
Events
Resulting
in a
Detention
2019 61,931 17,608 100 1 n/a n/a **
2020 68,865 18,339 87 0 136 * n/a **
2021 61,421 14,921 84 0 1,181 371
2022 ** 26,044 7,024 53 0 509 172
*Mental health disposition code added in late-2020 to the computer aided dispatch system in anticipation of implementation of Assembly Bill 953, The Racial and Identity Profiling Act of 2015
** Data track more effectively with the establishment of the Police Department’s Crisis Intervention Specialists
*** Statistics through June 30, 2022
The proposed MOU between the City and County is intended to support the Police Department’s interest in having a proactive response to the community’s needs and is intended to create another viable alternative to:
· Promote interagency and community collaboration, including working with the City’s new Homelessness Task Force
· Identify prevention and early-intervention strategies · Increase access to and use of mental health services among underserved groups · Improve outcomes for consumers using crisis services, including reduced emergency interventions, criminal justice involvement and psychiatric hospitalizations · Expand upon the Police Department’s access to training and improve law enforcement’s knowledge of mental health issues
· Collect data associated with this new model to guide future experimentation The clinician will work with the Police Department, crisis services, and communities to support individuals and their families in navigating systems and supports. With specialized knowledge and the ability to engage people who may be at risk for “wellness checks,” access to the clinician may help prevent crises and avoid unnecessary hospitalization, police interactions, and arrests.

The term of this pilot program is defined in the MOU as from execution by both parties until the City’s available appropriation of $180,000 is exhausted, whichever occurs first. The County shall pay, up front, the fully weighted costs associated with the salary and benefits of the clinician in accordance with the County’s applicable bargaining unit MOU. Meanwhile, the County will invoice the City on a monthly basis for personnel costs of salary and benefits up to $180,000. The County and Police Department will share other expenses (e.g. laptop, cell phone, training/travel, etc.). The Police Department will provide the clinician with appropriate safety gear, including a fitted protective vest at its sole expense.

The efficacy of this pilot program will be measured by constant data tracking of mental health-related calls for service. This is already standard practice conducted by the Police Department’s Community Response Team and their assigned Crisis Intervention Specialists, meaning a solid baseline of data exists from which to measure the pilot program from.

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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22-931 Agenda Date: 8/30/2022

FISCAL IMPACT
The Police Department secured an $180,000 award in Citizen’s Option for Public Safety (COPS) program Supplemental Law Enforcement Services Fund dollars to establish a PERT program in collaboration with the County. This one-time funding source will be utilized for this pilot program.

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

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

RECOMMENDATION
Authorize the City Manager to negotiate and execute a Memorandum of Understanding (MOU) with the County of Santa Clara for a Psychiatric Emergency Response Team (PERT) program in a form substantially similar to the attached draft MOU
Reviewed by: Pat Nikolai, Chief of Police
Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Memorandum of Understanding (MOU) with the County of Santa Clara City of Santa Clara Printed on 8/24/2022Page 5 of 5
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DocuSign Envelope ID: 870E036A-0D8A-4CDE-B86D-4C57A53CAA46

MEMORANDUM OF UNDERSTANDING

BETWEEN THE

CITY OF SANTA CLARA AND THE

COUNTY OF SANTA CLARA

REGARDING THE PSYCHIATRIC EMERGENCY RESPONSE TEAM (PERT)

JUSTICE AND MENTAL HEALTH COLLABORATION PROGRAM

WHEREAS, the mission of the City of Santa Clara (hereinafter “CITY”) is to provide quality public services, facilities and opportunities that create, sustain, and enhance a safe, livable, and vibrant community for its diverse residents, businesses, and visitors. The CITY’s Santa Clara Police Department (hereinafter “SCPD”) is a progressive and professional organization dedicated to maintaining community partnerships which promote a high quality of life for the City’s diverse population; and

WHEREAS, the mission of the County of Santa Clara (hereina fter “COUNTY”) is to plan for the needs of a dynamic community, provide quality services, and promote a healthy, safe, and prosperous community for all; and

WHEREAS, COUNTY and CITY seek to collaborate to increase public safety and reduce recidivism among high risk people with mental illnesses and co-occurring mental illness and substance abuse through the Psychiatric Emergency Response Team Justice and Mental Health Collaboration Program (or “PERT Program”); and

WHEREAS, the partners listed above have agreed to enter into a collaborative agreement in which CITY and COUNTY Behavioral Health Services Department (hereinafter “BHSD”) will be partners on this collaborative effort to combine the unique resources, skills, experience, and training of personnel from two different professions (law enforcement and mental health services) to provide the best possible response to situations involving persons with mental illness; and

WHEREAS, the partners herein desire to enter into a Memorandum of Understanding (hereinafter "MOU") setting forth the roles, responsibilities, and services to be provided by the PERT Program; and

WHEREAS, the agencies recognize the need for cross-system collaboration to improve responses and outcomes for individuals with mental illnesses and substance abuse who come into contact with the justice system; and

WHEREAS, the partners recognize the need to increase public safety and to provide rapid intervention to a person in mental health crisis by de-escalating the situation and helping to stabilize the person in the least restrictive way possible, and then striving to get that person the help they need; and

WHEREAS, the partners are committed to providing services to those in need regardless of their ethnicity, gender, gender identity, sexual orientation, origin, religious or political beliefs, and/or creed;

NOW, THEREFORE, it is hereby agreed by and between the partners as follows:

DocuSign Envelope ID: 870E036A-0D8A-4CDE-B86D-4C57A53CAA46

ARTICLE 1
TERM; EXTENSIONS; TERMINATION

1.1 Term of Agreement. The initial term of this MOU is from the date the MOU is executed by both parties to December 31, 2023, or until the CITY’s available appropriation in the amount of $180,000 is exhausted, whichever occurs first.

1.2 Extension. This MOU may be extended should this pilot program be successful, the CITY and/or COUNTY identifies funding, and upon a written amendment of this MOU signed by both Parties. Extension of this MOU shall be contingent on COUNTY’s review of the use, need, and value of the PERT Program and COUNTY’s budget to ensure that the Behavioral Health Services Department (BHSD) PERT clinician(s) can be continued for each successive term.

1.3 Termination without Cause. Any Party may terminate this MOU without cause by providing sixty (60) day written notice.

ARTICLE 2

SCOPE OF SERVICES

2.1 The COUNTY shall provide the following for the PERT Program:
a. Participate in proactive responses for high-risk individuals with mental illness in conjunction with the SCPD PERT officer(s);
b. Develop and modify protocols for PERT Program response and information sharing policies and procedures, as necessary;
c. Identify one (1) full time BHSD clinician (hereinafter “BHSD PERT Clinician), who must be licensed to provide mental health services by appropriate State of California licensing authorities and must participate in a CITY background investigation and fingerprinting, prior to beginning work with the CITY.
d. Assign the identified BHSD PERT Clinician to work with the SCPD PERT officer(s) to perform the following tasks:
1) Conduct mental health evaluations, assessments, and crisis screening, for persons with serious mental illnesses including clients who are frequent users of emergency psychiatrist services, dual diagnosed clients and clients who are mentally ill; 2) Assist in determining the appropriate disposition supporting individuals’ needs and safety;
3) Consult with SCPD PERT officer(s) regarding disposition of individuals and law enforcement issues;
4) Maintain knowledge of the criteria for psychiatric disorders according to the current Diagnostic and Statistical Manual of Mental Disorders;
5) Maintain knowledge of current legal and ethical issues as they relate to mental illness;
6) Maintain licensing as required;
7) Ensure requirements for detention and transportation pursuant to Welfare and Institutions Code (WIC) Section 5150 are met;
8) Provide documentation to the PERT officer(s) supporting the decision to detain and transport a subject pursuant to WIC Section 5150;
9) Assist in coordination of transportation to mental health service centers, or facilities when such support and services would be beneficial (regardless of whether a 72- hour evaluation hold is issued), and there is cooperation from the subject; 10) Maintain a law enforcement security clearance;
DocuSign Envelope ID: 870E036A-0D8A-4CDE-B86D-4C57A53CAA46

11) Conduct presentations to inform others about the mission and focus of the PERT Program;
12) Provide mental health training and expertise to other SCPD Department staff. 13) Contribute toward providing metrics related to the PERT Program; 14) Engage in law enforcement activities that are related only to the PERT mission and focus; and
15) Abide by and follow all CITY policies while performing services under this MOU. e. Collaborate with the CITY in determining what training, if any, is necessary for the BHSD PERT Clinician during the duration of the MOU; and
f. Work with SCPD to identify any trainings that may be provided to officers to assist with appropriately responding to incidents involving individuals with mental illness and substance abuse. Any identified courses and trainings must be certified by POST to ensure a consistent level of quality.

2.2 The CITY shall provide the following for the PERT Program:

a. Develop a detailed policy, procedure, process, and plan on implementing a specialized police mental health PERT Program;
b. Expand training for law enforcement to identify and respond to individuals with mental illness and provide cross-training of crim inal justice and mental health personnel; c. Establish a dedicated SCPD officer(s) to work with the BHSD PERT Clinician; d. Participate in the process of identifying the BHSD PERT Clinician to work with SCPD as part of the Community Response Team (CRT);
e. Assume primary responsibility for site control when responding to a crisis; f. Assume role of the primary responder when engaged with BHSD PERT Clinician; g. Issue basic tools to BHSD PERT Clinician to perform their duties and provide access to certain CITY facilities.
h. Determine whether phone consultation or on-site consultation is needed from the BHSD PERT Clinician;
i. Coordinate training exercises with the BHSD PERT Clinician to ensure proper collaboration when needed during a crisis;
j. Collaborate with the BHSD PERT Clinician by participating in trainings and meetings to ensure proper understanding of roles and responsibilities during crisis situations; k. Facilitate transportation for clients to the appropriate receiving facility when a WIC 5150 hold has been placed by the BHSD PERT clinician in response to a call for service to SCPD; l. Agree to provide review on overall effectiveness on BHSD PERT clinician deployments; m. Agree to provide information to BHSD PERT clinician regarding individuals who are involved in a crisis incident, when such information provides critical value to the safe resolution of those incidents;
n. Have an officer on scene with the PERT Clinician to provide the following services:
1) Assess the situation regarding safety for the officer, the BHSD PERT Clinician, the consumer, and bystanders;
2) Provide safety on scene; and
3) Evaluate the subject for any criminal behavior, as appropriate; o. Offer referrals or other assistance through the officer and PERT Clinician as the situation warrants, and if needed, assist the individual to the appropriate setting (either voluntarily or involuntarily);
p. Collaborate with the COUNTY in determining what training, if any, is necessary for the BHSD PERT Clinician during the duration of the MOU;
DocuSign Envelope ID: 870E036A-0D8A-4CDE-B86D-4C57A53CAA46

q. Modify and enhance policies, procedures, and protocols for the PERT Program and information sharing process, as necessary; and
r. Work in conjunction with the PERT Clinician, to draft and submit a Monthly Program Narrative Report to County no later than seven (7) days after the end of each month. The Quarterly Narrative Report shall include a summary of the PERT Program’s performance goals, milestones achieved, and any issues/concerns encountered during the reporting period.

ARTICLE 3

RELATIONSHIP OF PARTIES AND FINANCIAL REQUIREMENTS

3.1 Relationship of Parties. The COUNTY acknowledges and agrees that the work/services provided by the BHSD PERT Clinician under this MOU are performed as an independent contractor relative to the CITY. The BHSD PERT Clinician is part of the COUNTY workforce and will remain as employee of the COUNTY while providing services under this MOU.

3.2 Funding/Financial Responsibilities. Unless amended by the Board of Supervisors and the Santa Clara City Council, the annual contribution of the COUNTY and CITY to the Pilot Program expenses shall be as follows.
a. The COUNTY shall provide the following funding/financial responsibilities:
1) The COUNTY shall pay, up front, all personnel costs of the PERT Program (i.e., the fully weighted costs of salary and benefits for the BHSD PERT Clinician) in accordance with the COUNTY’s memorandum of understanding with applicable bargaining unit.
2) The COUNTY shall procure and supply the BHSD PERT Clinician with a laptop and cellphone. The initial and on-going costs for such equipment, maintenance and/or replacement shall be incurred by the COUNTY. The COUNTY shall retain ownership of the property at the conclusion of the MOU term. 3) The COUNTY shall pay for staff time and benefits as applicable. 4) The COUNTY is not obligated to provide services for which no reimbursement will be made when the CITY’s maximum financial obligation has been fully exhausted.

b. The CITY shall provide the following funding/financial responsibilities:
1) The CITY shall reimburse County for the salary and benefits of the BHSD PERT Clinician. The maximum financial obligation of CITY shall not exceed $180,000.

The CITY shall not be liable for any costs above this amount. 2) The CITY shall provide the BHSD PERT Clinician with a fitted protective vest at its sole expense.
3) The CITY shall pay for related expenses such as the registration, meal per diem, and lodging for any required attendance by the BHSD PERT Clinician to any conference, workshop, or training program(s).
c. Both the COUNTY and CITY shall collaboratively determine what training, if any, is necessary during the duration of the MOU.

1.4 Staffing. The CITY shall be involved with the process for identifying the COUNTY PERT Clinician to work from SCPD as part of the Community Response Team (CRT). The pilot program shall consist of one (1) full time clinician who must be licensed to provide mental health services by appropriate State of California licensing authorities.

DocuSign Envelope ID: 870E036A-0D8A-4CDE-B86D-4C57A53CAA46

a. The COUNTY PERT Clinician shall be required to participate in a CITY background investigation and be fingerprinted, with subsequent arrest notification, prior to beginning work with the CITY. b. The CITY shall issue the COUNTY PERT Clinician basic tools to perform their duties and provide access to certain CITY facilities.
c. The COUNTY PERT Clinician shall follow all CITY polices while performing services under this MOU.

3.3 Invoicing and Payment. The COUNTY shall be required to create and implement a timekeeping system to account for COUNTY staff time to be validated by CITY staff. In turn, the COUNTY shall invoice the CITY monthly for reimbursement. Both CITY and COUNTY representatives shall be required to monitor the monthly cost for the COUNTY PERT Clinician.

ARTICLE 4

MISCELLANEOUS PROVISIONS

4.1 Collaboration. Both the CITY and the COUNTY have jointly developed this MOU. All PERT Program partners are committed to working together to achieve the stated project goals through monthly meetings designed to develop and implementation, as well as monitor and evaluate the project. PERT Program Partners shall meet informally and as often as needed.

4.2 Record Retention. The CITY and COUNTY shall maintain all documents and records which demonstrate performance under this MOU for a minimum period of three (3) years, from the date of termination or completion of this MOU.

4.3 Compliance with Non-Discrimination and Equal Opportunity Laws: The CITY and COUNTY shall comply with all applicable Laws concerning nondiscrimination and equal opportunity in employment and contracting, including but not limited to the following: Santa Clara County’s policies for contractors on nondiscrimination and equal opportunity; Title VII of the Civil Rights Act of 1964 as amended; Americans with
Disabilities Act of 1990; the Age Discrimination in Employment Act of 1967; the Rehabilitation Act of 1973 (Sections 503 and 504); the Equal Pay Act of 1963; California Fair Employment and Housing Act (Gov. Code § 12900 et seq.); California Labor Code sections 1101, 1102, and 1197.5; and the Genetic Information Nondiscrimination Act of 2008. CITY and COUNTY shall not discriminate in the provision of services provided under this contract because of age, race, color, national origin, ancestry, religion, sex, gender identity, gender expression, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status.

California Public Records Act. The Parties are public agencies subject to the disclosure requirements of the California Public Records Act (“CPRA”). In the event either Party receives a CPRA request for records related to the PERT program the Parties shall collaborate to comply with the CPRA and to prevent disclosure of exempt records, such as medical or mental health records.

4.4 Records and Confidentiality. Records created by the BHSD PERT Clinician, even while operating in collaboration with CITY, shall be considered County records, free from the control and direction of any other party to this MOU. Such records will be subject to all federal, state, and local laws and regulations regarding the protection of client/patient privacy and confidentiality.

Both Parties agree that all BHSD PERT Clinicians are County employees and shall follow the privacy requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

The BHSD shall train all BHSD PERT Clinicians on federal, state, and local policies and procedures with respect to the confidentiality, use and/or disclosure of protected health information of clients as necessary and appropriate for the BHSD PERT Clinicians to perform their functions. The BHSD shall provide BHSD PERT Clinicians with the appropriate Health System(s) policies and procedures, which are subject to change from time to time. The BHSD reserves the right to take appropriate DocuSign Envelope ID: 870E036A-0D8A-4CDE-B86D-4C57A53CAA46

action for violation of its policies; such action may include immediate termination of any BHSD PERT Clinician who violates Federal, State, or local law and policy.

4.5 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.

4.6 Indemnification and Insurance

a. Indemnification. In lieu of and notwithstanding the pro rata risk allocation, which might otherwise be imposed between the Parties pursu ant to Government Code Section 895.6, the Parties agree that all losses or liabilities incurred by Party shall not be shared pro rata but, instead, COUNTY and CITY agree that, pursuant to Government Code Section 895.4, each of the Parties hereto shall fully indemnify and hold each of the other Parties, their officers, board members, employees, and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful miscondu ct of the indemnifying party, its officers, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this MOU. No party, nor any officer, board member or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other Parties hereto, their officers, board members, employees, or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other Parties under this MOU.

b. Insurance. Without limiting the indemnification of either party to this Agreement, each party shall maintain or cause to be maintained throughout the term of the Agreement the following insurance coverage: (i) a policy of commercial general liability with limits of liability not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) annual aggregate; (ii) a policy of automobile liability with limits of liability not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) annual aggregate (iii) a policy of workers’ compensation providing statutory coverage; and (iv) such other insurance or self-insurance as shall be necessary to insure it against any claim or claims for damages arising under the Agreement.

Insurance afforded by a commercial general liability policy shall be endorsed to provide coverage to the other party of the Agreement as an additional insured. Each party to this Agreement shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. The requirements of this section may be satisfied by the provision of similar coverage through a self- insurance program.

4.7 Notices. All notices required under the terms of this MOU will be in writing and must be transmitted by electronic mail or deposited in the United States Mail, certified mail, return receipt requested, addressed to the parties as set forth below:

COUNTY OF SANTA CLARA: CITY OF SANTA CLARA:

Bruce Copley, Director Rajeev Batra
BHSD Access and Unplanned Services Office of the City Manager [email protected] [email protected]
S. Bascom Ave., Suite 200 1500 Warburton Avenue
San Jose, CA 95128 Santa Clara, CA 95050
(408) 885-3957 (408)615-2210

DocuSign Envelope ID: 870E036A-0D8A-4CDE-B86D-4C57A53CAA46

By signing below, each agency approves the conditions set forth in this MOU as well as the submitted application and proposed project budget.

“COUNTY” County of Santa Clara

Gene Clark, CCPO, C.P.M. Date

Chief Procurement Officer
“CITY” City of Santa Clara, a Municipal
Corporation and Charter City

_____________________________________
Rajeev Batra Date
City Manager

APPROVED AS TO FORM AND LEGALITY: APPROVE AS TO FORM AND LEGALITY:

______________________________________ _____________________________________ Megan Wheelehan Date Office the City Attorney Date
Deputy County Counsel City of Santa Clara

APPROVED:

_______________________________________
Sherri Terao, E.d. D Date
Director
Behavioral Health Services Department

APPROVED:

________________________________________
Vincent DePaul Robben Date
Health Care Financial Manager County of
Santa Clara Health System
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-971 Agenda Date: 8/30/2022

REPORT TO COUNCIL

SUBJECT
Action on Historic Resource Inventory Property Designation and Historical Preservation Agreement (Mills Act) for 1091 Jefferson Street

COUNCIL PILLAR
Promote and Enhance Economic Housing and Transportation Development

BACKGROUND
Property owners Kathryn and Christopher Miller have applied for listing of the property located at 1091 Jefferson Street on the City’s Historic Resource Inventory (HRI) and approval of a Preservation Agreement (Mills Act Contract) for the property. The subject property is a 7,650 square foot lot located at the southeast corner of Benton Street and Jefferson Street in a residential setting within the Old Quad historic neighborhood. The existing residence on the property is a 1,325 square foot one-story Neoclassical cottage, with basement, constructed in 1903.

A requirement of the Mills Act is that the building must be a qualified structure, listed on either a local, State or National register. The property owner must also have a plan to restore and rehabilitate the property. The property owner has submitted the requisite application, including a Historic Survey (DPR 523A Form) of the property for determination of eligibility to the HRI, Statement of Justification for the request, and a 10-Year Restoration and Maintenance Plan for evaluation of the proposed workplan to restore, rehabilitate and maintain the property. The Mills Act Contract with 10-Year Restoration and Maintenance Plan and supporting documents are made part of the Historical and Landmarks Commission staff report, included here as Attachments 1 and 2 respectively, and reviewed at the June 6, 2022 Historical and Landmarks Commission meeting.

Following review of the application, staff report and public testimony, the Historical and Landmarks Commission recommended that Council approve the addition of 1091 Jefferson Street to the City’s HRI; approve the Mills Act Contract; and adopt the Ten Year Restoration and Maintenance Plan for the subject property. Draft Excerpt Minutes of the June 6, 2022 Historical and Landmarks Commission meeting are provided as Attachment 3.

DISCUSSION
The purpose of the Mills Act Contract is to offer owner(s) of historically significant properties an economic incentive to maintain and preserve the historical physical integrity of their properties, which thereby also increases the aesthetic and economic health of the surrounding neighborhood and the City. A 10-Year Restoration and Maintenance Plan is required to document specific maintenance and preservation activities proposed to be undertaken by the property owners for the Contract property.

The Council established a process for evaluating Mills Act Contract requests on September 4, 1993 City of Santa Clara Printed on 8/24/2022Page 1 of 3
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22-971 Agenda Date: 8/30/2022
(Resolution No. 5843), that set a limit of five contracts per year. In 2004, the City Council increased the number of allowable contracts to 10 per year. If approved, the subject property would be the third for 2022 and within the City’s allowed number of ten contracts for 2022.

The historic survey prepared for the property details the criteria for evaluation and listing of a potentially historic resource and concludes that the property is eligible for listing on the City’s HRI based on cultural, architectural and geographic criteria. The property owner’s Statement of Justification along with the 10-Year Restoration and Maintenance Plan demonstrate the property owner’s intent to invest in the subject property consistent with the purpose for Mills Act Contracts

ENVIRONMENTAL REVIEW
The Mills Act program is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15331 of the CEQA Guidelines (Class 31 - Historical Resource Restoration / Rehabilitation).

Class 31 consists of projects limited to maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of historical resources in a manner consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties (“SOI Standards”). The Project will result in the restoration and rehabilitation of the 1903 structure consistent with the SOI Standards.

FISCAL IMPACT
The amount of the property tax reduction depends upon the property, location, size, and comparable properties in the area. Currently, the assessed value of the property is approximately $748,057 and the annual property tax is approximately $8,829 (Source: Santa Clara County Assessor’s Office). The City receives approximately ten percent (10%) of the base property tax. The Mills Act tax reduction is based on an income capitalization method (ICM) calculation based on the average monthly rent, average maintenance costs, and an amortization schedule to arrive at a reduced appraisal value resulting in lower property taxes. The anticipated tax reduction would be 20 percent to 70 percent based on the County’s evaluation of the property’s age, condition, and local market value factors in accordance with the formula set by state law. Based on the latest information available, the estimated annual fiscal impact to the City for this individual Mills Act contract would be a decrease of property tax revenue in the range of $177 to $618. The actual future fiscal impact may be greater due to the reassessment of property value by the County upon transfer of ownership.

As the current Council policy allows up to 10 Mills Act Contracts to be approved each year, the cumulative economic impact for multiple Mills Act contract does not significantly reduce the overall property tax income for the City. The Mills Act contract is the third such request in 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.

City of Santa Clara Printed on 8/24/2022Page 2 of 3
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22-971 Agenda Date: 8/30/2022

RECOMMENDATION

1. Approve the addition of the property located at 1091 Jefferson Street to the City’s HRI; and

2. Authorize the City Manager to execute a Mills Act Contract and adopt the 10-Year Restoration and Maintenance Plan associated for the property at 1091 Jefferson Street.

Reviewed by: Andrew Crabtree, Director of Community Development Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Mills Act Contract and 10-Year Restoration and Maintenance Plan

2. Historical and Landmarks Commission meeting of June 6, 2022

3. Draft Excerpt Historical and Landmarks Commission meeting minutes of June 6, 2022 City of Santa Clara Printed on 8/24/2022Page 3 of 3
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RECORD WITHOUT FEE
PURSUANT TO GOV'T CODE SECTION 6103
Recording Requested by:

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

Office of the City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Form pe1· Gov't Code Section 27361.6 (SPACE ABOVE THIS LINE FOR RECORDER'S USE)

HISTORIC PROPERTY PRESERVATION AGREEMENT
This Agreement, (herein, "Agreement") , is made and entered into this _ day of _____ , 12022, ("Effective Date"), by and between Christopher and Kathryn Miller, owners of certain real property located at 1091 Jefferson Street, Santa Clara, CA 95050 ("OWNERS") and the City of Santa Clara, California, a chartered California municipal corporation with its primary business address at 1500 Warburton Avenue, Santa Clara, California 95050("CITY"). CITY and OWNERS may be referred to herein individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
A. Recitals.
(1) California Government Code Section 50280, et seq. authorizes the CITY to enter into a contract with the OWNERS of qualified Historical Property to provide for the use, maintenance, and restoration of such Historical Property so as to retain its characteristics as property of historical significance.
(2) OWNERS possesses fee title in and to that certain real property, together with associated structures and improvements thereon, shown on the Q02 l Santa Clara County Property Tax Rolls as Assessors' Parcel Number 269-20-024, and generally located at the street address 1091 Jefferson Streett, in the City of Santa Clara ("Historic Property"). A legal description of the Historic Property is attached hereto as "Legal Description," marked as "Exhibit "A," and incorporated herein by reference.
(3) The Historic Property is on the City of Santa Clara Architecturally or Historically Significant Properties list. OWNERS submitted a Mills Act Proposal to City on ____ , 2022 .

The Proposal included a Primary Record from the State of California's Department of Parks and Recreation . A true and correct copy of the Proposal is attached to this Agreement as "Exhibit B". ( 4) CITY and OWNERS, for their mutual benefit, now desire to enter into this Agreement both to protect and preserve the characteristics of historical significance of the Historic Property and to qualify the Historic Property for an assessment of valuation pursuant to Section 439.2 of the California Revenue and Taxation Code.

Historic Property Preservation Agreement/1091 Jefferson Street Typed: 05/14/2019

B. Agreement.

NOW, THEREFORE, CITY and OWNERS, in consideration of the mutual covenants and conditions set forth herein, do hereby agree as follows:
(1) Effective Date and Term of Agreement. The term of this Agreement shall commence on the effective date of this Agreement and shall remain in effect for a term of ten (10) years thereafter. Each year upon the anniversary of the effective date, such term will automatically be extended as provided in paragraph 2, below.
(2) Renewal.
(a) Each year on the anniversary of the effective date of this Agreement, ("renewal date"), one (1) year shall automatically be added to the term of this Agreement unless notice of nonrenewal is mailed as provided herein.
(b) If either the OWNERS or CITY desires in any year not to renew the Agreement, OWNERS or CITY shall serve written notice of nonrenewal of the Agreement. Unless such notice is served by OWNERS to CITY at least ninety (90) days prior to the annual renewal date, or served by CITY to OWNERS at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the balance of the remaining term of the Agreement as provided herein. ( c) OWNERS may make a written protest of a nonrenewal notice issued by CITY.

CITY may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to OWNERS of nonrenewal. If either CITY or OWNERS serves notice to the other ofnonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, from either original execution date or the last renewal date of the Agreement, whichever is applicable. (3) Standards for Historical Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements, and restrictions:
(a) OWNERS shall preserve and maintain the characteristics of historical significance of the Historic Property. "The Secretary of the Interior's Standards for Rehabilitation," marked as "Exhibit C" to this agreement, and incorporated herein by this reference, contains a list of those minimum standards and conditions for maintenance, use, and preservation of the Historic Property, which shall apply to such property throughout the term of this Agreement. (b) OWNERS shall, when necessary or as determined by the Director of Planning and Inspection, restore and rehabilitate the property to conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, the United States Secretary of the Interior Standards for Rehabilitation and the California Historical Building Code and in accordance with the attached schedule of potential home improvements, drafted by the OWNERS and approved by the City Council, attached hereto as "The Description of the Preservation and Historic Property Preservation Agreement/1091 Jefferson Street Typed: 05/14/2019

Restoration Efforts," marked as "Exhibit D" to this agreement, and incorporated herein by this reference.
(c) OWNERS shall allow, and CITY requires, that after five (5) years, and every five (5) years thereafter, an inspection of the property's interior and exterior shall be conducted by a party appointed by CITY, to determine OWNERS' continued compliance with the terms of this Agreement. OWNERS acknowledge that the required inspections of the interior and exterior of the property were conducted prior to the effective date of this Agreement. (4) Provision for Information.
(a) OWNERS hereby agree to furnish CITY with any and all information requested by the CITY to detennine compliance with the terms and provisions of this Agreement. (b) It shall be the duty of the OWNERS to keep and preserve, for the term of the Agreement, all records as may be necessary to determine the eligibility of the property involved, and the OWNERS compliance with the terms and provisions of this Agreement, including, but not limited to blueprints, pennits, historical and/or architectural review approvals, and schedules of potential home improvements drafted by the OWNERS and approved by the City Council. (5) Cancellation.
(a) CITY, following a duly noticed public hearing as set forth in California Government Code Section 50280, et seq., shall cancel this Agreement or bring an action in court to enforce this Agreement if it determines any one of the following:
(i) the OWNERS breached any of the terms or conditions of this Agreement; or
(ii) the OWNERS have allowed the property to deteriorate to the point that it no longer meets standards for a qualified historic property. (b) CITY may also cancel this Agreement if it determines that:
(i) the OWNERS have allowed the property to deteriorate to the point that it no longer meets building standards of the City Code and the codes it incorporates by reference, including, but not limited to, the Uniform Housing Code, the California Historical Building Code, the California Fire Code, and the Uniform Code for the Abatement of Dangerous Buildings or; (ii) the OWNERS have not complied with any other local, State, or federal laws and regulations.
(iii) the OWNERS have failed to restore or rehabilitate the property in the manner specified in subparagraph 3 (b) of this Agreement.

Historic Property Preservation Agreement/I 091 Jefferson Street Typed: 05/14/2019

( c) In the event of cancellation, OWNERS shall pay those cancellation fees set forth in California Government Code Section 50280, et seq. As an alternative to cancellation, OWNERS may bring an action in court to enforce the Agreement. ( 6) No Waiver of Breach.
(a) No waiver by CITY of any breach under this Agreement shall be deemed to be a waiver of any other subsequent breach. CITY does not waive any claim of breach by OWNERS if CITY does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for under the terms of this Agreement or in the City's laws and regulations are available to the City.
(7) Mediation.
(a) Any controversies between OWNERS and CITY regarding the construction or application of this Agreement, and claim arising out of this contract or its breach, shall be submitted to mediation upon the written request of one party after the service of that request on the other party. (b) If a dispute arises under this contract, either party may demand mediation by filing a written demand with the other party.
(c) The parties may agree on one mediator. If they cannot agree on one mediator, there shall be three: one named in writing by each of the parties within five days after demand for mediation is given, and a third chosen by the two appointed. Should either party refuse or neglect to join in the appointment of the mediator( s) or to furnish the mediator( s) with any papers or information demanded, the mediator(s) may proceed ex parte.
( d) A hearing on the matter to be arbitrated shall take place before the mediator( s) in the city of Santa Clara, County of Santa Clara, State of California, at the time and place selected by the mediator( s ). The mediator( s) shall select the time and place promptly and shall give party written notice of the time and place at least fifteen (15) days before the date selected. At the hearing, any relevant evidence may be presented by either party, and the formal rules of evidence applicable to judicial proceedings shall not govern. Evidence may be admitted or excluded in the sole discretion of the mediator(s). The mediator(s) shall hear and determine the matter and shall execute and acknowledge the award in writing and cause a copy of the writing to be delivered to each of the parties.
( e) The submission of a dispute to the mediator( s) and the rendering of a decision by the mediator(s) shall be a condition precedent to any right of legal action on the dispute. A judgment confirming the award may be given by any Superior Court having jurisdiction, or that Court may vacate, modify, or correct the award in accordance with the prevailing provisions of the California Mediation Act.
(f) Each party shall bear their own cost(s) of mediation. (8) Binding Effect of Agreement.

Historic Property Preservation Agreement/1091 Jefferson Street Typed: 05/14/2019

(a) The OWNERS hereby subjects the Historic Property described in Exhibit "A" hereto to the covenants, reservations, and restrictions as set forth in this Agreement. CITY and OWNERS hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the OWNERS successors and assigns in title or interest to the Historic Property. Each and every contract, deed, or other instrument hereinafter executed, covering, encumbering, or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement, regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed, or other instrument.
(b) CITY and OWNERS hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein touch and concern the land in that OWNERS' legal interest in the Historic Property.
( c) CITY and OWNERS hereby further declare their understanding and intent that the benefit of such covenants, reservations, and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the Historic Property for the benefit of the CITY, public ( which includes, but is not limited to the benefit to the public street generally located at 1176 Lincoln Street), and OWNERS.
(9) Notice.
(a) Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto.

CITY: City of Santa Clara
Attn: City Clerk
1500 Warburton A venue
Santa Clara, CA 95050
OWNERS: Christopher Miller
1091 Jefferson Street
Santa Clara, CA 95050
Kathryn Miller
1091 Jefferson Street
Santa Clara, CA 95050
(b) Prior to entering a contract for sale of the Historic Property, OWNERS shall give thirty (30) days notice to the CITY and it shall be provided at the address of the respective parties as specified above or at any other address as may be later specified by the parties hereto. (10) No Partnership or Joint Enterprise Created. None of the tenns, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns; nor shall such tenns, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise.

Historic Property Preservation Agreernent/1091 Jefferson Street Typed: 05/14/2019

(11) Hold Harmless and Indemnification. To the extent permitted by law, OWNERS agree to protect, defend, hold harmless and indemnify CITY, its City Council, commissions, officers, agents, and employees from and against any claim, injury, liability, loss, cost, and/or expense or damage, however same may be caused, including all costs and reasonable attorney's fees in providing a defense to any claim arising there from for which OWNERS shall become legally liable arising from OWNERS' acts, errors, or omissions with respect to or in any way connected with this Agreement. (12) Attorneys' Fees. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to costs and other relief ordered by the court.
(13) Restrictive Covenants Binding. All of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner pursuant to this Agreement.
(14) Mills Act Historic Property Contract Application Requirements. An application for a Mills Act Historic Property Contract shall be made through the Planning Division and shall include the following:
a. a Historic Resources Inventory form;
b. the description of the preservation or restoration efforts to be undertaken as referenced in paragraph 3 (b) as Exhibit "D";
c. a statement of justification for the Mills Act Historic Property designation and reassessment; and,
d. the Mills Act Historic Property Contract filing fee pursuant to paragraph 17. (15) Mills Act Historic Property Contract Approval. Based upon the Historical and Landmarks Commission's ("Commission") review of the Mills Act Historic Property Contract criteria and recommendation to Council, and based upon the recommendation and approval by Council, a Mills Act Historic Property Contract may be entered into with OWNERS. The decision of the City Council shall be final and conclusive in the matter.
(16) Recordation and Notice. No later than twenty (20) days after the parties execute and enter into this Agreement, the CITY shall cause this Agreement to be recorded in the office of the County Recorder of the County of Santa Clara.
(17) Fees. The Planning Department may collect such Mills Act Historic Property Contract application fee of$ 7,694.00 ( seven thousand sixty hundred and ninety-four dollars), or other fees for Historic Property Preservation Agreement/1091 Jefferson Street Typed: 05/14/2019

the administration of this contract as are authorized from time to time by the City Council. Such fees do not exceed the reasonable cost of providing the service for which these fees are charged.

OWNERS shall pay the County Recorder's Office recordation fees for recordation of this Mills Act Historic Property Contract and the recordation of the OWNERS updated Historic Resources Inventory fonn.
(18) Ordinary Maintenance. Nothing in this contract shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any Historic Property covered by this contract that does not involve a change in design, material, or external appearance thereof, nor does this contract prevent the construction, reconstruction, alteration, restoration, demolition, or removal of any such external architectural feature when the Director of Planning and Inspection detennines that such action is required for the public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the California Historical Building Code and when such architectural feature can be replaced according to the Secretary oflnterior's Standards. (19) California Historical Building Code. The California Historical Building Code ("CHBC") provides alternative building regulations for the rehabilitation, preservation, restoration, or relocation of structures designated as Historic Properties. The CITY's building permit procedure shall be utilized for any Historic Property which is subject to the provisions of this Agreement, except as otherwise provided in this Agreement or the CHBC. Nothing in this Agreement shall be deemed to prevent any fire, building, health, or safety official from enforcing laws, ordinances, rules, regulations, and standards to protect the health, safety, welfare, and property of the OWNERS or occupants of the Historic Property or the public.
(20) Conservation Easements.
(a) Conservation easements on the facades of the Historical Property may be acquired by the CITY, or on the CITY's behalf, by a nonprofit group designated by the CITY through purchase, donation, or condemnation pursuant to California Civil Code Section 815. (b) The OWNERS, occupant, or other person in actual charge of the Historical Property shall keep in good repair all of the exterior portions of the Historic Property, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature.
( c) It shall be the duty of the Director of Planning and Building Inspection to enforce this section.
(21) Severability. If any section, sentence, clause, or phrase of this Agreement is, for any reason, held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, or by subsequent preemptive legislation, such decision shall not affect the validity and enforceability of the remaining provisions or portions of this Agreement. CITY and OWNERS hereby declare that they would have adopted this Agreement, and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional.

Historic Property Preservation Agreement/1091 Jefferson Street Typed: 05/14/2019

(22) Integrated Agreement - Totality of Agreement. This Agreement embodies the agreement between CITY and OWNERS and its terms and conditions. No other understanding, agreements, or conversations, or otherwise, with any officer, agent, or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Any such verbal agreement shall be considered as unofficial information and in no way binding upon CITY.
(23) Captions. The captions of the various sections, paragraphs and subparagraphs are for convenience only and shall not be considered or referred to in resolving questions of interpretation. (24) Statutes and Law Governing Contract. This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. (25) Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto.

IN WITNESS WHEREOF, CITY and OWNERS have executed this Agreement on the day and year first written above.

APPROVED AS TO FORM:

Office of the City Attorney
ATTEST:

Nora Pimentel, MMC
Assistant City Clerk

CITY OF SANTA CLARA, CALIFORNIA,
a chartered California municipal corporation
Rajeev Batra
City Manager
1500 Warburton A venue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax Number: (408) 241-6771
"CITY"
Christopher and Kathryn Miller,
Owners of 1091 Jefferson Street
By:------------­
Christopher Miller
By:-------------
Kathryn Miller
Historic Property Preservation Agreement/1091 Jefferson Street Typed: 05/14/2019

Exhibits:
1091 Jefferson Street
Santa Clara, CA 95050
A Property Description
B - Primary Record
C Standards for Rehabilitation
D - Restoration Schedule
"OWNERS"
1091 Jefferson Street
Santa Clara, CA 95050
I:IJ>LANNING\2019\HLC 2019\06.06.2019\Staff Reports\610 Monroe St\Draft Mills Act Contract.doc Historic Property Preservation Agreement/1091 Jefferson Street Typed: 05/14/2019

Mills Act Work�lan -1091 Jefferson Street
Year Proposed Project
Year 1 Replace historic front door framing (extensive wood rot), replace rotting casing with new, custom matched woodwork. Original double hung windows painted shut and wood rot present (bathroom and bedrooms). Restore windows to original working order and repair sections with wood rot with custom millwork to match original craftsmanship ( exterior and interior casing). Repair original siding where it is damaged with custom milled redwood siding.

Year2 Repair and replace original front porch boards that are rotting with new tongue and groove boards; salvage old boards if possible. Repair and replace damaged siding on the interior and exterior of the porch, including railings. Porch currently sags and water leaks into basement.

Structural repairs to level porch to prevent basement leaks and encourage proper drainage Year 3 Remove and replace large exterior facia/molding below gutters where there is rot from water intrusion (several sections are rotten) with custom millwork. Replace/repair gutters as needed to mitigate water effectively. Replace all downspouts.

Year4 Upgrade electrical wiring throughout the house (bedrooms, living room, foyer). Upgrade furnace and upgrade ventilation system. Install attic fan.

Year 5 Remodel bathroom to reflect turn of the century construction style. Upgrade plumbing, toilet, vanity/sink, bathtub, and floor. Restore bathroom to jack and jill style ( original to propertv).

Year6 Repair rotting door jamb and replace support studs to basement exterior corridor. Caulk and paint to prevent water intrusion. Replace French doors leading into dining room and replace termite damaged framing and casing.

Year 7 Replace damaged (failing) basement awning windows with new insert windows. Repair or match and replace damaged basement window casing. Demolish and remove two existing backyard sheds and build historically accurate accessory building ( carriage building) at rear of property that matches home. Home originally had carriage building at rear of property in 1900s.

Year 8 Repair original water table trim which surrounds the entire home ( chipped and missing sections); if it cannot be repaired, we will have custom millwork done to match existing water table. Remove and replace damaged neighbor fence along Benton, install new redwood fence.

Year9 Replace concrete in backyard with pavers/stone; Remove part of the large backyard deck and increase plant life in yard with historically available native plants/shrubs/and fruit trees.

Year 10 Repair/remove old paint from all interior hardware, doors, and knobs. Repair and rehabilitate original doorknobs so they are functioning. Repair hardwood floors throughout house. Custom (matching) mill work to replace damaged door and window casing if needed (interior and exterior). Remove hallway parquet flooring from 1970s and replace with hardwood flooring; possibility to restore original wood floors beneath parquet. Remove and replace interior bench cabinets below Bay Window. Remodel exterior fireplace face using historically accurate materials (and design).

Historic Property Preservation Agreement/1091 Jefferson Street Typed: 05/14/2019

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-690 Agenda Date: 6/2/2022

REPORT TO HISTORICAL AND LANDMARKS COMMISSION

SUBJECT
Consideration of Historic Resource Inventory Property Designation and Historical Preservation Agreement (Mills Act) for 1091 Jefferson Street

BACKGROUND
Property owners Kathryn and Christopher Miller are requesting a Historical Preservation Agreement (Mills Act Contract) for the property located at 1091 Jefferson Street. A requirement of the Mills Act is that the building must be a qualified structure, listed on either a local, State, or National register. The subject site is not currently listed on any of the aforementioned inventories. Therefore, the applicants are seeking local listing on the City’s Historic Resource Inventory (HRI). The property must be added to the HRI prior to approving a Mills Act contract.

The subject property is a 7,650 square-foot lot located at the southeast corner of Benton Street and Jefferson Street in a residential setting with the Old Quad historic neighborhood. The existing residence on the property is a 1,325 square-foot one-story Neoclassical cottage constructed in 1903.

A driveway on the Benton Street frontage provides access to on-site uncovered vehicle parking in the street side yard setback. Two nonconforming shed structures are located to the rear of the residence along the east property line.

DISCUSSION
The Mills Act Program allows a qualified property owner to receive a potential property tax reduction and use that savings to assist in offsetting the costs to rehabilitate, restore and maintain their property. To qualify for the program, the property and/or building must be listed on either a local, State, or National register. The property owner must also have a plan to restore and rehabilitate the property. As the subject site is not listed on any of the aforementioned inventories, the property owner is seeking local listing of the property on the City’s Historic Resource Inventory (HRI); as well as approval of a Mills Act Contract and the adoption of a Ten-Year Restoration and Maintenance Plan for the property.

A Department of Parks and Recreation (DPR) 523A Form was prepared by Lorie Garcia (“evaluator”) of Beyond Buildings, on January 28, 2022, assessing the historical significance of the property based on National and State (California) Register criteria and the City’s local criteria for significance. Based on the evaluation, the property appears to be eligible for listing on the National Register Historic Places under Criterion C for retaining the majority of character defining features of the original building architecture; as well as its contribution to a potentially eligible Historic District (Old Quad) due to its proximity to other historically significant properties. There are presently eight properties within 200 feet of 1091 Jefferson Street that are listed on the City’s HRI.

Eligibility for listing on the California Register of Historic Places was identified by the evaluator under City of Santa Clara Printed on 5/27/2022Page 1 of 3
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22-690 Agenda Date: 6/2/2022
Eligibility for listing on the California Register of Historic Places was identified by the evaluator under Criterions 1 (events) and 2 (persons) for the settlement of the property in the 1850s - 1860s by three families who made significant contributions to the agricultural and economic growth of the City. The evaluator also noted that it is eligible for listing under Criterion 3 as the majority of the character defining Neoclassical architecture of the original 1903 home is intact.

In regard to the Criteria for Local Significance, the evaluator identified the property as eligible for listing on the City’s HRI for the following:
· Historically or culturally significant based on Criterions 1, 3 and 5 for its association with early prominent settlers, broad patterns of the City’s economic growth, development, and local history;
· Architectural significance based on Criterion 1 for retention of the majority of character defining features of the Neoclassical architecture and construction period; and · Geographic significance based on Criterions 1 and 2 for the pattern of residential development and visual contribution to the historic setting in the Old Quad.

The DPR Form (Attachment 2) details the criteria for evaluation and listing of a potentially historic resource. The analysis concludes that the property meets the requirement of greater than 50 years in age and retains sufficient integrity to qualify as a historic resource based on the evidence presented in the analysis.

The property owner submitted a Statement of Justification and 10-Year Rehabilitation Plan for the interior and exterior of the residential structure and property grounds (Attachment 4). The proposed work includes new siding, repair of the original porch, upgraded electrical wiring, and various repairs related to wood rot and termite damage.

Staff finds that the work proposed under the 10-Year Rehabilitation and Maintenance Plan adheres to the Secretary of the Interior’s Standards for Rehabilitation. The proposed changes support the preservation, protection, and maintenance of a structure that is qualified to be a locally significant resource.

ENVIRONMENTAL REVIEW
The Mills Act Program is exempt from CEQA environmental review requirements per CEQA Section 15061(b) (3). The activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment

PUBLIC CONTACT
Mills Act Contracts are not publicly noticed as they are a private contract between the City and property owners.

RECOMMENDATION
Staff recommends that the Historical and Landmarks Commission find that the Mills Act application and associated Ten-Year Restoration and Maintenance Plan accomplish the intent of preserving and maintaining the historical significance of the historic property and, therefore, recommend Council City of Santa Clara Printed on 5/27/2022Page 2 of 3
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22-690 Agenda Date: 6/2/2022
approve the addition of the property to the HRI; approve the Mills Act Contract; and adopt a Ten-Year Restoration and Maintenance Plan associated with the Historical Preservation Agreement for the property located at 1091 Jefferson Street.

Prepared by: Debby Fernandez, Associate Planner
Reviewed by: Rebecca Bustos, Senior Planner
Approved by: Lesley Xavier: Planning Manager

ATTACHMENTS

1. Legal Description

2. Historic Survey (DPR Form)

3. Secretary of Interior Standards for Rehabilitation

4. Statement of Justification and Ten-Year Restoration and Maintenance Plan

5. Draft Historic Property Preservation Agreement
City of Santa Clara Printed on 5/27/2022Page 3 of 3
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stewart title
Real partners . Real possibilit ies.

Order No.: 828965
Your File No.:

Sharmy Mayne
Title Officer

PRELIMINARY REPORT
Buyer/Borrower Name: Kathyrn Miller and Christopher Miller Seller Name: Robin Stamps Trust
Property Address: 1091 Jefferson Street, Santa Clara, CA 95050-4724 Stewart Title of California, Inc.
2850 Cordelia Rd, Ste 200
Fairfield, CA 94534
Phone:

Fax:
[email protected]
In response to the above referenced application for a Policy of Title Insurance, Stewart Title of California, Inc. hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Stewart Title Guaranty Company Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referenced to as an Exception on Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions, and Stipulations of said Policy forms.

The printed Exceptions and Exclusions from the coverage and Limitations on covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause.

When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CL TA and AL TA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limits of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report.

Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters, which are not covered under the terms of the title insurance policy and should be carefully considered.

It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land.

This report, (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance a binder or commitment should be requested. [Dated as of July 1, 2020 at 7:30AM
When replying, please contact: Gina Gemma, Escrow Officer Stewart Title of California, Inc.
750 University Ave, Ste 120
Los Gatos, CA 95032
Order No.: 828965
Preliminary Report

(408) 354-6010
[email protected]
~--...

LEGAL DESCRIPTION
The land referred to herein is situated in the State of California, County of Santa Clara, City of Santa Clara and described as follows:

Portion of Block 1, North Range 5 West, as shown on that certain Map entitled, "Map of the Town of Sub­ Lots of Santa Clara, Santa Clara County, California" surveyed by J. J. Bowen County Surveyor , July 1866" which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California in Book B of Maps, Page 103, and more particularly described as follows :

Beginning at the point of intersection of the Southeasterly line of Benton Street with the Northeasterly line of Jefferson Street, as said Streets are shown upon the Map above referred to; running thence Southeasterly along the Northeasterly line of Jefferson Street 76.50 feet; thence leaving said last named line and running Northeasterly and parallel with the Southeasterly line of Benton Street 100 feet; thence Northwesterly and parallel with the Northeasterly line of Jefferson Street, 76.50 feet to the Southeasterly line of Benton Street; thence Southeasterly and along the Southeasterly line of Benton Street 100 feet to the point of beginning .

APN : 269-20-024
(End of Legal Description)
MAP

THE MAP CONNECTED HEREWITH IS BEING PROVIDED AS A COURTESY AND FOR INFORMATIONAL PURPOSES ONLY; THIS MAP SHOULD NOT BE RELIED UPON. FURTHERMORE,

THE PARCELS SET OUT ON THIS MAP MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES . STEWART ASSUMES NO LIABILITY, RESPONSIBILITY OR

INDEMNIFICATION RELATED TO THE MAPS NOR ANY MATTERS CONCERNING THE CONTENTS OF OR ACCURACY OF THE MAP.

Order No.: 828965
Preliminary Report

\
SCHEDULE 8
At the date hereof, exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy or policies would be as follows:

Taxes:

A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes, to be levied for the fiscal year 2020 - 2021 .

B. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California.

C. Taxes and/or assessments affecting the land, if any, for Community Facility Districts including Mello Roos Districts which may exist by virtue of assessment maps or notices filed by said districts. Said taxes and/or assessments are typically collected with the County taxes; however, some districts may remove these taxes and/or assessment from the County taxes and assess and collect them separately .

Exceptions:

1. Matters contained in document entitled Agreement Concerning WesUEast Boundary Line recorded October 21, 1991 in Book L897, Page 1972 of Official Records.

2. Easement and rights incidental thereto for underground and overhead electric easement, as set forth in a document recorded June 1, 2004 as Instrument No. 17818983 of Official Records.

3. Please be advised that our search did not disclose any open deeds of trust of record. If you should have knowledge of any outstanding obligation , please contact your title officer immediately for further review.

4. Any invalidity or defect in a trust currently in title or in a trust acquiring title. Stewart Title Guaranty Company requires a full copy of the trust agreement and any amendments thereto, and a Certification of Trust prepared in accordance with Section 18100.5 of the California Probate Code. There are certain situations where a Certification of Trust may be accepted in lieu of the full trust agreement; please check with your Title Officer. Stewart Title Guaranty Company reserves the right to except additional items and/or make additional requirements after reviewing submitted documents.

5. Minerals of whatsoever kind, subsurface and surface substances , including but not limited to coal, lignite, oil, gas, geothermal resources , brine, uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not appearing in the Public Records or listed in Schedule B. Stewart Title Guaranty Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed.

6. U.S. Code Title 31 , Section 5326 authorizes the U.S. Department of Treasury ("Treasury") to collect information about certain transactions as specified in various geographic targeting orders for the purpose of preventing evasion of the Bank Secrecy Act. As a result of a Geographic Targeting Order ("GTO") issued by the Treasury, Financial Crimes Enforcement Network ("FinCEN"), this transaction may be responsive to the requirements of the GTO. If the buyer(s) is an entity purchasing property located in Los Angeles, San Diego, San Francisco, San Mateo and Santa Clara counties without financing through an institutional lender, buyer(s) will be Order No.: 828965
Preliminary Report

asked to complete and provide information on the ALTA 2018 Information Collection Form.

Upon review, there may be additional exceptions and/or requirements ; please contact the title unit for further information.
(End of Exceptions)
Order No.: 828965
Preliminary Report

asked to complete and provide information on the AL TA 2018 Information Collection Form.

Upon review, there may be additional exceptions and/or requirements ; please contact the title unit for further information.
(End of Exceptions)
Order No.: 828965
Preliminary Report

NOTES AND REQUIREMENTS
A. Property taxes for the fiscal year 2019 - 2020 shown below are paid. For proration purposes the amounts are:
1st Installment
2nd Installment
Parcel No.

Code Area
: $4,369 .85
: $4,369.85
: 269-20-024
: 007-000
Confirmation of the tax figures must be made prior to close of escrow. Please contact the County Tax Collector prior to closing.

B. There are no transfers or conveyances shown in the public records within 24 months of the date of this report. If you have knowledge of any transfers or conveyances , please contact your title officer immediately for further research and review.

C. There are no items in this preliminary report that will cause Stewart Title Guaranty Company to decline to attach the CL TA Endorsement Form 116.01-06 (or similar AL TA 22-06 equivalent) , indicating that there is located a Single Family Residence known as 1091 Jefferson Street, Santa Clara, CA 95050-4724 .

D. There are no items in this preliminary report that will cause Stewart Title Guaranty Cmopany to decline to attach the CL TA Endorsement Form 100.2-06 (or a similar ALTA 9 equivalent), or, if applicable, the CL TA Endorsement Form 115.1-06 (or a similar AL TA 4 equivalent) or CLTA Endorsement Form 115.2-06 (or a similar AL TA 5 equivalent) to an AL TA Loan Policy, when issued.

E. Please be aware many lenders are now requiring any request for up-dated information, confirmation of figures and the pay-off check be from the title company to which the demand was sent or which was noted on the demand as the title company in the transaction . Therefore , this company will require any demands for existing liens be directed to "Stewart Title of California, Inc." or at least noted thereon as the title company that will be insuring the proposed transaction.

Please be sure such demands also reference our order number as well as your escrow number.

F. Additional Requirements for "Short Sale" Transactions in which a lender will accept less than the outstanding balance of its loan as full satisfaction of the obligation: The Company will require, prior to the issuance of a policy of title insurance, evidence that the first-position trust deed holder has received and acknowledged all payments to be made to subordinate-position lien holders, regardless of whether such payments are to be made from proceeds or from contributions by real estate brokers and/or buyers in the subject transaction , or from other third-party sources.

Evidence shall include but not be limited to: (a) a written demand from the first-position trust deed holder acknowledging and approving payments to subordinate-position lien holders from proceeds and otherwise ; or (b) a supplemental letter or amended demand from the first-position lien holder acknowledging payments to be made to subordinate lien holders from sources other than proceeds (including broker commissions and additional buyer deposits) .

Order No.: 828965
Preliminary Report

CALIFORNIA "GOOD FUNDS" LAW
California Insurance Code Section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds received by Stewart Title of California, Inc. via wire transfer may be disbursed upon receipt. Funds received via cashier's checks or teller checks drawn on a California Bank may be disbursed on the next business day after the day of deposit. If funds are received by any other means, recording and/or disbursement may be delayed, and you should contact your title or escrow officer. All escrow and sub-escrow funds received will be deposited with other escrow funds in one or more non-interest bearing escrow accounts in a financial institution selected by Stewart Title of California, Inc.. Stewart Title of California, Inc. may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with the financial institution, and Stewart Title of California, Inc. shall have no obligation to account to the depositing party in any manner for the value of, or to pay to such party, any benefit received by Stewart Title of California, Inc.. Such benefits shall be deemed additional compensation to Stewart Title of California, Inc. for its services in connection with the escrow or sub-escrow.

If any check submitted is dishonored upon presentation for payment, you are authorized to notify all principals and/or their respective agents of such nonpayment.

Order No.: 828965
Preliminary Report

State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION
Primary# ______ _______ _
HRI#
PRIMARY RECORD Trinomial ---- ----- - ---- -
Other Listings
Review Code
N RH P Status Code
Reviewer Date
Page of 27 *Resource Name or#: (Assigned by recorder) Dibble/Parker House P1. Other Identifier: 1091 Jefferson St., Santa Clara. CA. * P2. Location: □ Not for Publication ~ Unrestricted *a. County Santa Clara ----- ---- ----- -- and (P2c, P2e, and f}2b or P2d. Attach a Location Map as necessary.) *b. USGS 7.5' Quad San Jose West Date 1980 photo revised T 7S; R 1W; unsectioned ; Mt. Diab/a B.M.E c. Address 1091 Jefferson Street City Santa Clara Zip _95_0_5_0 __ _ d. UTM: (Give more than one for large and/or linear resourc es) Zone ___ mE/ _____ mN e. Other Locational Data: (e.g., parcel#, directions to resource, elevation, etc., as appropriate) Assessors Parcel Number: 269-20-024
The SE comer of Benton and Jefferson Streets
*P3a. Description: (Describe resource and its major elements. Includ e design, materials , condition, alterations , size, setting, and boundaries) The subject property at 1091 Jefferson Street is located in the urban setting of a block of houses that was primarily developed in the in the first decade of the twentieth century . The block is currently a mixture of intact historic homes on its northern half with five (5) homes listed on the City 's list of Historically Significant Properties , and post-Urban Redevelopment construction on the southern half of block.

However , the streetscape of Benton Street and the northern half of Jefferson and Madison Streets is a pleasant one and still evokes the sense of an early neighborhood . The original homes that face Jefferson Street have similar setbacks from the street with urban sized front yards , 100' depths and widths that vary from 56.50 to 76.50 sq. ft. (Continued on page 2, form 523L)
*P3b. Resource Attributes: (List attributes and codes) HP2 Single - Family Property ~--------------------------------~ *P4. Resources Present: ~ Build ing P5a. Photograph or Drawing (Photograph required for buildings, structures, and objects.) □ Structure □ Object □ Site □ District □ Element of District OOther (Isolates, etc.)
*P5b. Description of Photo: (view , date,
accession #)
Front far;ade (view toward ENE) Photo No:
100_3011, 12/31/2021
*PS. Date Constructed/Age and Source:

Historic D Prehistoric D Both
1903
Assessors Records, Census Records, City
Directories, Sanborn Maps .
*P7. Owner and Address:

Kathryn Suzanne Miller & Christopher Shawn Miller
1091 Jefferson Street
Santa Clara, CA 95050
*PS. Recorded by: (Name, affiliation, and
address)
Lorie Garcia
Beyond Buildings
P.O. Box 121
'----------------------------------~ Santa Clara, California 95052 *P9. Date Recorded: January 28, 2022
*P10. Survey Type: (Describe) Intensive
*P11. Report Citation: (Cite survey report and other sources, or enter "none.") None .. * Attachments: □ NONE ~ Location Map ~ Continuation Sheet ~ Building, Structure, and Object Record □ Archaeological Record □ District Record □ Linear Feature Record □ Milling Station Record □ Rock Art Record □ Artifact Record □ Photograph Record □ Other (List):

DPR 523A (1/95) *Req uired information
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary#
HRI#
Trinomial

Recorded by: _L_o_ri_e_G_a_r_c_ia ______ ___ _ *Dat e 1/28/2022 ~ Continuation Update (Continued from page 1, Form 523A , P3a. Description)
The primary building on the site is a1325 sq. ft. , one-story house, constructed in1903 and designed in the Neoclassical cottage subtype of the Neoclassical architectural style. According to McAlester, one-story is the main character-defining feature of this architectural style sub-type. F'i.onting roughly west onto Jefferson Street, the house is situated on a 7 ,650 sq. ft. lot at the Southeast comer of Jefferson and Benton Streets. It is set back from the street allowing for a cultivated lawn and planting beds with ornamental shrubbery.

A low hedge that edges the lot provides a visual separation between the property and sidewalk. Street trees shade both the front and the north side-elevation of the property. The house is set almost centered on its lot, leaving ample yard space on both sides of the property. Opening onto Benton Street, a truncated driveway, finished with concrete, is located on the east side of the lot. The driveway ends at a wrought iron gated fence that runs from the house to a wooden shed on the east property line and secures access to the rear of the property. There is no garage.

A wide, straight, brick walkway leads from the Jefferson Street sidewalk to the front entry. Two narrower brick walkways, set at the edge of the lawn adjacent to the planting beds, branch off from this walkway. One leads to the driveway and one to a high wooden gated fence that secures access from Jefferson Street to the south side-yard of the house. Along with two small shed structures, the rear yard is mainly concrete with a low, large wood deck that wraps around the rear and the south side of the house. A narrow planting bed is adjacent to the high wood fence that runs along the south property line.

The plan of this wooden, single-family residence is squared and it is set on a concrete foundation over a full basement, which elevates the living area approximately 30" above the ground. It is distinguished by a hipped roof with moderately projecting , boxed eaves, punctuated in the front by a prominent , centered, hipped roof dormer, which played an important part in visually breaking up the roof and ventilating the home. Both the hipped roof and the dormer are character defining features of the Neoclassical cottage architectural style. It has a classical tiered cornice and a band of narrow horizontal molding at the roof line. There is no frieze. The roof dormer has a large, rectangular. wooden louvered vent instead of a window, which like the home 's windows is edged with wide back-banded trim.

The roof is sheathed with composition shingles . A brick fireplace chimney projects through the southside elevation roof plane. Narrow, wooden shiplap siding sheathes the house with a water table that defines the basement level from the main floor living level wrapping around it.
~------------------------------~ Another character-defining feature of the Supplemental Photograph or Drawing
(Continued on page 3, Form 523L)
DPR 523L (1/95)
Neoclassical cottage architectural style is found in
the home 's small rectangular porch, which is
absorbed within the perimeter of the house. The
roof rests on one classical square column at the
entry stairs and on a half column at the north end
of the porch, which are sheathed in the same
siding that covers the house. A low knee wall is
located between the two columns. A large 20-light,
wood framed, fixed window, consisting of 4 rows of
5 panes per row, separated by narrow muntins, set
into the north side-elevation , creates an "open"
outer north end to the porch and appears to be
original.

The main entrance is on the front (west) fac;ade
and is accessed by 5 concrete steps, which are
flanked by a solid balustrade. The balustrade does
not appear to have been part of the original
construction as typically, a terraced stoop flanked
the front steps in this architectural style. The front
Description of Photo: (view, date, accession#)
(Camera pointing E) North side-elevation and partial front faqade. Photo No: 100_3013; 1213112021.
*Required information
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary#
HRI#
Trinomia l

Recorded by: _L_o_rie_G_a_r_c_ia ________ _ _ *Date 1/28/2022 ~ Continuation Update (Continued from page 2, Form 523L)
door is centered and set into an inner, narrow, recessed portion of the porch. The front door (original) has a design of fifteen (15), rectangular, vertically orientated, glass panes (5 rows of 3 panes per row), separated by muntins set into a wood frame. It is set into its original opening. The door surround consists of wide back-banded trim that also is original to the house. On the front facade to the side of the front ehtry door is a large, square, 111, double-hung wood-framed window, the top pane smaller than the lower (original), with a narrow sill and surrounded by wide back-banded trim.

On the front facade, a full-height, hipped roof, slanted bay projects from under the main roof eaves, with a broad angle minimizing the distance of the projection. The front wall of the bay contains a large, square, fixed window. Fenestration of the bay's slanted sides consists of narrow, rectangular, vertically orientated, one-over-one double-hung windows. All of the bay's windows are wood framed with a narrow projecting sill, a decorative apron and are surrounded by wide back-banded trim. All the windows are original.

Both the front faqade and north side-elevation of the home remain as originally constructed in 1903, however, the rear faqade and south side-elevation were altered, post 1980. The alteration to the rear faqade consists of a wide, narrow addition that projects from the original rear wall plane. This addition has a shed roof with a small, offset gable that slightly projects to shelter a secondary entrance to the rear of the house. Originally there was no rear entry. Acc,ess to the non-original entry rear door is by six (6) wood steps from both the north side and six (6) wood steps from the south side of the rear yard. Both sets of steps lead to a large wood landing that is edged by a wall that extends from the ground to approximately 3 feet above it. This wall and the addition are sheathed in narrow shiplap siding that matches that of the original house. The wooden rear entry door (new) has a single, large horizontally orientated glass pane in the top half and two wood panels in the bottom half It has wide back-banded trim on the sides and a tiered architrave. Adjacent to the rear door, the addition has a pair of small rectangular, horizontally orientated casement windows (not original).

When facing the rear faqade, to the left of the addition is an exterior entrance to the basement. This entry is accessed by a stairwell with seven (7) concrete steps, that lead to a recessed basement door. Trimmed with wide boards, the basement door, which appears to not be original, is wooden with a nine-pane window set into its top half Alteration to the south side-elevation consists of changes made to the original secondary side-entry . The original entry was through a screened-in porch. The original entry door and screened-in porch were removed and today, set into a recessed portion of the house, a pair of wood-framed, glass French doors framed with wide-back-banded trim provide access into the house from a non-original, open, side porch. Extending from the south side-elevation , this polygonal side porch is accessed from the rear by five (5) wooden steps and from the south side by a set four (4) steps. Both sets of steps and the porch are edged with simple wood railings and balusters The lower portion of the porch is sheathed in wide wood siding with an insert of lattice work on its south side.

Other character-defining features of this home include its windows and window trim. While window arrangement in Neoclassical homes tends to be fairly symmetrical on the front, on the side elevations windows of assorted sizes are frequently found. The vertically oriented, double-hung window is the most common window style and a common denominator for all Neoclassical windows is the wide flat trim that frames them.

This home's fenestration on the side and rear elevations of the main body of the house consists of simple, rectangular in form, vertically oriented, one-over-one, double-hung wooden windows and those with a fixed-pane and a squarish appearance. All are framed with wide back-banded trim. They have projecting sills and molded aprons. Not counting the multi-paned window set into end of the porch, the window arrangement on the north side elevation consists of a squared fixed-pane widow followed by a vertically orientated double­ hung window and then another fixed-pane window. All are original. On the rear faqade, a large vertically orientated double hung window is found in the rear wall plane to the north of the rear addition with a smaller veristically orientated double-hung window located in the home's wall plane to the addition 's south side. These two windows are not original, they are new, wood-framed windows that match the original ones and are placed into the original openings with the original trim. Fenestration of the home's south side-elevation consists of a double hung window with a squarish appearance set evenly between the side porch and the rear of the house. A pair of wood-framed, vertically orientated, one-over-one double hung windows is on the other side of the porch, closer to the front of the house. Like the windows found on the rear faqade, those on the south side-elevation are not original but are new, wood-framed windows that match the original ones and are placed into the original openings with the original trim. Small rectangular horizontally orientated casement windows, both paired and single are found in the basement level. Like the home's main windows, these are also (Continued on page 4, Form 523L)
DPR 523L (1/95) *Required information
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary#
HRI #
Trinomial

Recorded by: _ L_or_ie_G_a_rc_ia ______ ___ _ *Date 1/28/2022 ~ Continuation Update (Continued from page 3, Form 523L)
trimmed with wide back-banded frames. All the basement windows and trim are original.

The original 1903 house has been altered by the post-1980 construction of a rear addition and a new south side-elevation side porch.

However, these ark secondary elevations and the front far;ade and north side-elevation, the most prominent elevations of this house as it is situated on a comer lot, remain as originally constructed. The majority of the original house and its character-defining features can still be identified and the property has been well taken care of and is in very good condition.

DPR 523L (1/95) *Required information
State of California c The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #

BUILDING, STRUCTURE, AND OBJECT RECORD
Page ___Q_ of _2]_
B1. Historic Name: None
B2. Common Name: None
*NRHP Status Code NIA
*Resource Name or# (Assigned by recorder) Dibble/Parker House B3. Original Use: Single family residential B4. Present Use: Single family residential *B5. Architectural Style: Neoclassical (Neoclassical cottage subtype) *B6. Construction History: (Construction date, alterations, and date of alterations) The residence was constructed in 1903. Post 1980, the windows replaced on the south side-elevation of the house. Rear and S side­ elevation decking constructed. Basement finished. Screened-in porch off the dining room (S side-elevation) removed and French doors installed.
*B7.
*B8.

Moved? 1K] No D Yes D Unknown Date: ___ _ Original Location:

Related Features: None
Architect: Not known b. Builder: Not known B9a.
*B10. Significance: Theme Architecture and Shelter Area Santa Clara Old Quad Period of Significance 1903-1948 Property Type Residential Applicable Criteria none (Discuss importance in terms of historical or architectural context as defined by theme , period, and geographic scope . Also address integrity.) The parcel located at 1091 Jeffer son Street is a portion of a larger parcel that had originally been identified as Block 1 North, Range V West, of the original survey of the City of Santa Clara. This survey was done July 1866 by J. J. Bowen and recorded on August 22 of that same year. (It is this survey that forms the basis for the part of Santa Clara known as the "Old Quad. ") As shown in J. J. Bowen's survey , in 1866 Block 1 North, Range V West (B1 N, R5W) was bordered to the north by Benton , to the west by Jefferson , to the east by Madison and to the south by Franklin Streets. According to the list of property owners and their improvements , which accompanied the survey , this block was an undivided 92415 sq. ft. tract with a frame house. The owner of the tract was shown to be J.

R. Lawrie and the Poll List of the Santa Clara Precinct for the General Election of November 1868, shows the residence of James Robert Lawrie to be located on this block close to the corner of Jefferson and Franklin Streets.

James Robert Lawrie had been born in England in 1827 and arrived in Santa Clara in 1857 with his 18-year-old wife, Eliza. Here he started work at Santa Clara College as a Professor of Music and quickly became a naturalized citizen . The year after the Lawrie 's arrival their first child was bom , a daughter they named Ella, then in 1860 a son, Robert , was born followed in 1862, by another son, Harry. The 1860 Census shows that by then, J. R. Lawrie owned Real Estate valued at $1,000 with a Personal Estate of $500.

According to the 1870 Census , 2 years earlier the Lawrie's had had another daughter, Eliza. James Robert Lawrie had done very well during the preceding decade , had acquired extensive land holdings and he now owned Real Estate worth $9,000 with a $700 Personal (Continued on page 6, Form 523L)
B11. Additional Resource Attributes: (List attributes and codes) HP2 - Single Family Property *B12. References: Garcia, Lorie, "Santa Clara: From Mission to Municipality ," 1997; Map of the Town of Santa Clara, drawn by C. E. Moore, 1893; McAlester , Virginia Savage, "A Field Guide to American Houses ," Revised ed., 2013; Munro­ Fraser, J. F., "History of Santa Clara County , California ," 1881; Polk and Husted City Directories, 1891-1974 ; Poll Lists of the Santa Clara County Election Districts , Santa Clara Precinct , 1868; San Francisco Ca/14/5/1901 ; San Jose Mercury Herald 119/1919, 10/13/1930 , 11128/1946; Sanborn Fire Insurance Maps, 1891, 1901, 1915, 1930, 1950; Santa Clara, California , County Marriages 1850-1952 ; Santa Clara County Marriage Licenses , 1/111901; Sunday Mercury & Herald 10122/1911; The Evening News 6128/1887, 4/3/1901, 1/11/1902 , 1/16/1902. 4125/1903, 9/11/1911, 3/10/1918 , 519/1922, 2122/1930, 5/18/1933 ; Warburton , Austen D., "Santa Clara Sagas," 1996; United States Census, 1870, 1880, 1900, 1910, 1920, 1930, 1940, U. S. Passport Application No. 22427, April, 1900; WWI Registration Card No.1980 , Order No. 2421, September 1918.

B13. Remarks:
*B14. Evaluator: Lorie Garcia
*Date of Evaluation: January 28, 2022
DPR 523B (1/95)
(Sketch Map with north arrow required.)
BENTON

8. 1.N.R.5 W.

FRANKLIN
*Required information
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary#
HRI#
Trinomial

*Recorded by: _L_o_rie_ G_a_rc_i_a _________ _ *Date 1/28/2022 ~ Continuation Update (Continued from page 5, Form 523L)
Estate . The family continued to live in the same home , along with a Mary Maloney , their 46-year-o/d cook from Ireland .

When the Plat of Santa Clara was drawn in the period between 1873 and 1875, the block, which had been surveyed nine years earlier, was now shown as divided into two (2) 303 ' x 152.5' vertically orientated lots . J. R. Lawrie maintained ownership of the lot fronting on Madison Street , but by now A. Archer was the owner of the lot, which fronted on Jefferson Street . The latter lot was the property , on which the house at 1091 Jefferson Street would later be constructed .

During the last half of the 1880s , A. Archer sold the lot he had purchased from J. R. Lawrie to J. B. Preston . A native of Scotland , J. B.

Preston had arrived in Santa Clara in 1884 from Canada , with his 28-year-old wife, Mary , and their three children , Anna , Mary and 2- year-old Edward and here his last two children , Catharine and Mabel , were born. Soon after his arrival , J. B. Preston purchased the large parcel of land, which had been owned by James Robert Lawrie, in close proximity to this property . The subject property was still undeveloped and the Preston family moved in a house (1476 Jefferson) on Block 1 North , Range VI West, directly across Jefferson Street from this lot.

As shown on the December 1892, Map of Santa Clara , drawn by C. E. Moore , the City Surveyor, by then Block 1 North , Range V West had been further divided into five (5) lots. The half-block lot sold by J. R. Lawrie to A. Archer, now consisted of two (2) 151. 5' x 100' lots fronting on Jefferson Street , (one shown owned by J.B . Preston and one by Mrs. S. Mcswain) and one small 52.5 ' x 100' lot facing Benton with the remainder of Archer's lot merged into the large 205 ' x 203 ' parcel owned by H. M. Leonard . By now, James Robert Lawrie had moved to San Francisco and a 152. 5' x 100' portion of the half of the block he had kept ownership of two decades ago, which had fronted on Madison Street , was now owned by C. Millikin , the remainder now part of the parcel owned by Leonard.

On November 20, 1890, J. B. Preston had sold the southern (Franklin & Jefferson) half of the lot he had purchased from A. Archer to A.

Mcswain , while he maintained ownership of the northern (Jefferson & Benton) half The following year, on October 21, 1891, J.B .

Preston passed away at home . His estate went into probate and was contested by his wife, Mary , who petitioned for a decree setting apart property located at the corner of Benton and Jefferson as a homestead . The petition was denied . (Note his estate wouldn 't be settled until June 2 1911.) However , the trustee of the estate received permission from the Court to sell the subject parcel and on January 15, 1902, the "Estate of J. B. Preston deceased " sold the subject property "SE part of Benton and Jefferson streets , .. . Santa Clara " to A. Raventos et. al.

Born in Spain in 1867, A. (Antolin) Raventos was the stepson of Antonio Fatjo who owned the Farmers Market and was one of the first merchants in Santa Clara . Thus, he was a member of one of Santa Clara most prominent , early families. In 1877 when he was 9- years-old , Antolin Raventos ' mother , Elisa , had become the second wife of Antonio Fatjo , and Antolin had come to Santa Clara with her and his two sisters , Theresita and Elisa. Theresita later married Antonio Fatjo 's son, John , and when Antolin was grown , he went to work in the grocery store , which was now owned by John and known as John Fatjo & Sons.

When he purchased the subject property in 1902 from the estate of J. B. Preston , Antolin lived with his family across the street in the house he owned at 1415 Benton Street , which was on the NW corner of Benton and Madison Streets. According to the 1901 Sanborn Fire Insurance Map , at that time there were only three (3) houses on the subject block (B1N , R5W) , 1485 Franklin Street , located at the NE corner of Franklin and Jefferson Streets that was owned and occupied by Amelia Mcswain , , 1417 Franklin Street on the NW comer of Franklin and Madison , owned and occupied by Herbert M. Leonard and the house at 1086 Madison St., on the SW comer of Benton and Madison Streets , owned by Catharine Millikin. As the property Antolin Raventos purchased was undeveloped , it appears he purchased the lot as an investment . The following year, on April 25, 1903, Antolin Raventos and his wife, Helen , sold the 100' x 151. 5' lot to Charles W Dibble and his wife , Lorraine .

The marriage of Charles W Dibble to Lorraine V. Rucker two years earlier , in April 1901, had united two prominent families in Santa Clara , who had been among its earliest and most notable settlers.

Born in Santa Clara on November 25, 1872, Charles William Dibble was the fifth child and fourth son of John Hough Dibble and Lucy [Parker] Dibble . Born in Pittsburgh Pennsylvania in 1819 and raised in Ohio, where he teamed the tinsmith trade , John H. Dibble , came to California via the Isthmus of Panama in 1854 .and arrived in San Francisco on the Steamer George Law on August 31st. A widowe r, (Continued on page 7, Form 523L)
DPR 523L (1 /95) * Required information
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary#
HRI#
Trinomial

*Recorded by: _L_or_ie_G_a_rc_ia _________ _ *Date 1/28/2022 ~ Continuation Update (Continued from page 6, Form 523L)
in San Francisco he met and married Susan Lent the sister of William Lent, a wealthy mining man. By 1856, William Lent had purchased a 94-acre fam in Santa Clara and built the house, later to be known as "New Park," after its purchase by James P. Pierce (the site of today 's Carmelite Monastery) . In April 1857, John and Susan {Lent] Dibble also moved to Santa Clara, where John established a Stov'e and Hardware store with a tin and sheet iron shop on Main Street. On January 29, 1860 Susan passed away and five months later on June 21st, John H. Dibble married Lucy Parker, his third wife.

John H. Dibble quickly become a respected merchant in Santa Clara and purchased several parcels of land in the "downtown " business district (the block between Franklin , Main, Liberty and Jackson Streets) and the entire block between Monroe , Franklin, Madison and Benton Streets in the residential area, where he had his home. Prominently involved in both its civic and political institutions , he was a founding member of the I. 0. 0 . Fin Santa Clara, a member of the Columbian Fire Company and by 1881, had already served seven years on the Town Board of Trustees (1864-1870 and 1873) and five years on the Board of Education.

Four years prior to his death on January 13, 1896, John H. Dibble gave 20-year-old Charles of all of his business properties and his daughter , Julia, the residential lot (by then it was half of the original block), on which the family home was located . It was in his father's original building that had housed his hardware/tin business that Charles had by now established his Bicycle shop. From the time he was young, biking had been a passion for Charles Dibble . In the early 1890s, he was one of the founders , and an officer of, the Santa Clara Bicycle Club and with the other "Whee/men " like Frank Sallows, Emmet McQuoid , G. Lauck, R. Withrow and Widney who were also sons of prominent men, rode to places like Mt. Hamilton and San Mateo, as well as competing in bicycle races . In January 1902, Charles W. Dibble was honored by being elected to the California State Cycle Board of Trade.

Born in Santa Clara on April 15, 1882, Lorraine Verenda Rucker was the daughter of Benjamin W. Rucker, who on January 13, 1855 had also been born in Santa Clara. Originally from Virginia, his parents , William T. and Verenda Rucker had arrived here on October 1, 1852, having traveled overland by wagon train from Missouri with the Campbell, Finley and Lovell families; a trip that took 6 months .

They were led by Benjamin Campbell who took them to his ranch near Santa Clara. (Note: this ranch became Campbell , California.) Their oldest daughte r, Mary, married Benjamin Campbell and William and Verenda moved into Santa Clara, with their remaining seven (7) children, where William T. Rucker was the minister of the Methodist Church South. Following their arrival, William and Verenda Rucker had two children born in Santa Clara, with Lorraine 's father, Benjamin , being the Rucker's final child. The Rucker family lived on Washington Street, near Market St., and it was here their house, stable and the Methodist Church South chapel were located . (Due to circumstances following the death of Abraham Lincoln, the chapel was moved closer to Ben Campbell 's ranch.) William T. Rucker also purchased 240 acres near Benjamin Campbell 's ranch and became a wealthy farmer. Located in Redwood Township, near where Los Gatos was founded , when not living in Santa Clara, he and his family spent time here. Part of this property would later be inherited by Lorraine V. {Rucker] Dibble and it was here the Charles and Lorraine Dibble 's country home, "Fem Hill" was located .)
At the time of Lorraine V. Rucker's birth in 1882, William T. Rucker had passed away, and her father, Benjamin , was living in the family house with his widowed mother , Verenda, his sister, Margaret, his wife, Fannie, and their 5-year-old son, Walter. Following the death of his mother, Verenda, Benjamin sold the family property in Santa Clara and moved to the community of College Park on the outskirts of the Township, with his wife, Sarah, their son, Walter, Lorraine, and her two young brothers, Newton and Charles . It was here Lorraine V. Rucker was living when she married Charles Dibble in April 1901.

Since their marriage Charles and Lorraine had been living with his sister, Julia Dibble, in the Dibble Family home at 1331 Franklin Street. However , by the end of 1903, a house had been constructed on the lot he had purchased that April and 31-year-old Charles W.

Dibble and his 21-year-old wife, Lorraine V. {Rucker] Dibble, had moved into their new residence at 1091 Jefferson Street.

An important Santa Clara businessman , Charles Dibble was member of the Santa Clara Union Club and Chamber of Commerce, serving on the Board of Directors for both, and thus had many business friends besides the friends who shared his interest in biking.

Both Charles and Lorraine Dibble also had many friends among the socially prominent young Santa Clara set. These friends they frequently entertained , but rarely in their small home on Jefferson Street. For most of their social affairs, which usually involved 10 or more, they either used a rental space , such as the rooms on the upper floor of the Franck Building or held them at their "country home, (Continued on page 8, Form 523L)
DPR 523L (1 /95) * Required information
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary#
HRI#
Trinomial
Page _8_ of ____1J__ *Resource Name or# (Assigned by recorder) Dibble/Parker House *Recorded by: _ L_or_ie_G_a_rc_ia _ _____ ___ _ *Date 1/28/2022 ~ Continuation Update (Continued from page 7, Form 523L)
Fern Hill." In fact, Fern Hill, on Overlook Road in Los Gatos, was where they hosted their 1 (Jh Anniversary pa,ty. Also, Fern Hill was where they held large paJties, such as when the Charles and Lorraine invited a number of friends to meet the State Officials, which included a member of the State Board of Control and the Secretary of the State Highway Commission, who were spending the weekend in Santa Clara.

However , as Charles Dibble 's passion for bicycles had led to involvement in issues involving transpo,tation and the environment , he had acquired a wide range of non-Santa Clara friends and during the years he and Lorraine lived in their Jefferson Street home at times they did have impoJtant guests in their home. For example , when the Director of the Sierra Club of San Francisco was in route between his home in Los Angeles and San Francisco , he stopped in Santa Clara and spent the night here visiting with the Dibbles .

In 1921, Charles W. Dibble sold the prope,ty at 1091 Jefferson Street to James S. Parker, a man he knew very well, as the oldest brother of James ' wife Minnie, Frank Sallows, was also a member and an officer (Treasurer) of the "Whee/men," the Santa Clara Bicycle Club, and had been a very close friend of Charles for over 30 years . In fact, Charles and Lorraine Dibble had manied the same year as James and Minnie Parker . Charles and Lorraine then moved into a residential unit in the building that housed his Bicycle Shop at 9641966 Main Street. Throughout the 1920s, Charles and Lorraine [Rucker] Dibble would live at 966 Main and at "Fem Hill" in Los Gatos. (He was living at Fern Hill when he passed away on May 16, 1933.) James S. Parker, the second owner of 1091 Jefferson Street, was also a member of a Santa Clara family, prominently identified with the early history of the area . He was born in Santa Clara to James Selby and Ma,tha H. Parker. In 1857 his father and mother had arrived in Santa Clara, following a journey across the plains from Missouri by ox team, during which they were married . Here, John Selby Parker established a 78-acre grain and hay farm in the Jefferson Precinct of Santa Clara. His farm encompassed what is today, the land lying west of Scott Blvd. between Central and San Tomas Expressways . Near the Scott farm, the Parker farm was in the area where the Kifer, the Coffin (Coffin Road became Bowers/Great American Parkway) , the Montague , the Bracher and Wilcox farms were located .

James Selby and MaJtha Parker had nine children , four sons and five daughters , and born on August 187 4, James S. was their 8th child and youngest son. When his father passed away in 1894, only 5 children still remained living at home, three sons and two daughters .

The other girls had married , i.e., the oldest, Harriet, was married to the son of William Kifer, and one brother had left farming . However, 20-year-old James , his 36-year-old brother William and 31-year-old , brother Stonewall J. continued living at home running the farm for their widowed mother.

By the turn of the 20th Century , while agriculture and agricultural products remained the driving force of the valley economy, no longer were the large, grain farms in existence. Most of the children of the original settlers had left farming and the original farms had been divided into smaller land-holdings planted with orchards that grew fruit for the canneries and packing houses . By 1910, Stonewall J.

Parker had moved to San Jose and William was no longer working as a farmer, he had become a salesman and was living with his widowed mother MaJtha in a separate house on a parcel of the Parker Farm. Only James S. Parker was still farming what was left of the original Parker farm, on what was now called Scotts Lane, and living there with his wife, Minnie , and their 3 children, Glenn, age 7, Velma, 6, and 1-year-old Loren.

In 1901 James S. Parker had married Minnie Sallows. At the time of their marriage , the Parker and Sallows families already had a long connection , both in farming and by marriage , as Minnie 's brother, AJthur, was already married to James 's sister, Josephine . Minnie 's father, John Sallows, was also an early farmer, who became well-known in Santa Clara. He had immigrated from England in 1858 and settled in Santa Clara in 1864. Before coming to American John Sallows had had an eventful career, having served in the Crimean War and been given a Baltic Meal by Queen Victoria for valiant service. After settling in Santa Clara, he became a well-known orchardist and worked on his farm. In the late1880s , along with farming he began making investments in the purchase of land in town.

At this time, many town-lots were being re-developed and new subdivisions platted in order to accommodate the rise in population When the Villa Tract, between Lincoln , University , Market and Bellomy Streets was platted in 1889, John Sallows purchased several lots and also a 58,512 sq. ft. parcel in the block to the west, between University and Saratoga Avenue . He later had a large residence built on the latter (1891 Bellomy Street), into which he moved with his family when he retired in 1902. He was living here when he passed away in 1911.
(Continued on page 9, Form 523L)
DPR 523L (1 /95) * Required information
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET

Primary#
HRI#
Trinomial
*Resource Name or# (Assigned by recorder) Dibble/Parker House *Recorded by: _ L_o_rie_ G_a_rc_i_a _ ________ _ *Date 1/28/2022 ~ Continuation Update (Continued from page 8, Form 523L)
In November 1919, Martha H. Parker, "a well-known pioneer resident of Santa Clara," passed away and of her 7 remaining children, only James S. Parker was still living on the farm, and working as a farmer. Following the division of her estate among the surviving Parker children, in 1921 46-year-old James S. moved with his family into the house at 1091 Jefferson Street, which he had purchased from Charles Dibble. James S. Parker then went to work as the Supervisor of W.W. Montague 's. 384-acre Riverside Farm and the Parker's oldest son, Glenn, gained employment as a delivery boy in his uncle Frank Sallows' mercantile establishment , Sallows & Rhodes, a well-respected grocery store in downtown Santa Clara.

In 1931, James S. Parker retired from any involvement in agriculture and established a large trucking company. During the following decades, both of his sons, Glenn and Loren, would be employed in the family business. It is interesting to note that as a young man, Loren Parker had developed a passion for motorcycles and made headlines, when in 1930 he competed in a 300-mile motorcycle race from San Francisco , along the coast to Santa Cruz then over the mountain to San Jose, over Mount Hamilton to Livermore and then finishing up back where they started.

By 1940, Velma had been married for 16 years and Glenn was living in San Jose. Only Loren Parker and his parents remained in Santa Clara. Since his marriage in 1931, Loren had lived with his wife, Leona, in a home at 520 University Street on land once owned by his grandfather, Frank Sallows and James S. and Minnie Parker still lived in the family home at 1091 Jefferson Street. However, Minnie [Sallows] Parker died in December 1942 and around the same time James developed serious medical issues. On November 27, 1946, "fife-long Santa Clara resident and prominent rancher," James S. Parker passed away. Sadly, Velma [Parker] McKinstry had passed away in 1943, thus Glenn and Loren Parker inherited the property at 1091 Jefferson Street. By the end of the following year, they had sold the home to Thomas F. O'Leary, a carpenter , and his wife, Kathleen, who then moved into it. The O'Leary 's would continue to live here for the next 30 years .

Following Thomas O'Leary 's retirement in 1970, he and his wife, Kathleen, continued to live here until around 1980, when the subject residence at 1091 Jefferson Street was sold to Mark and Pamela Meder. In 2009, the Meders sold it to Robin Stamps, who then rented the home to her daughter , Kathryn , and son-in-law , Christopher Miller. Kathryn and Christopher Miller were still Jiving here when, on September 2, 2020 Robin Stamps sold 1091 Jefferson Street to them.

Historic Evaluation
In order to be considered historically or culturally significant , a property must satisfy certain requirements . It must be 50 years old or older (except in cases of exceptional significance); it must retain historic integrity ; it must meet one or more of the National Register of Historic Places criteria for significance , and/or the California Register of Historic Resources criteria for significance , and/or the criteria for listing in a local historic resource inventory .

Age Requirement.

Constructed in 1903, the subject residence at 1091 Jefferson Street is over 50 years old and thus meets the age requirement .

Integrity Requirement.

Integrity refers to a property's ability to convey its significance. Significance is conveyed by the retention of a resource's visual and physical characteristics and its surroundings . The National Register of Historic Places criteria recognize seven aspects to integrity .

These are location , design , setting , materials , workmanship , feeling and association. To retain historic integrity , a property will always possess several and usually most of these aspects . Both the California Register of Historic Resources and the City of Santa Clara Criteria for Local Significance follow the National Register integrity criteria.

While the architectural integrity of the original structure has been slightly diminished by alterations made in the 1980s, the majority of the visual and character defining features of the historic building have been preserved and retained . The residence at 1091 Jefferson Street retains its original location and the property is well maintained . The historical use of the building has not changed and it remains (Continued on page 10, Form 523L)
DPR 523L (1 /95) * Required information
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary#
HRI#
Trinomial
Page _.1_Q_ of ____1]_ *Resource Name or# (Assigned by recorder) Dibble/Parker House *Recorded by: _ L_or_ie_ G_a_rc_ia _ ______ __ _ *Date 1/28/2022 ~ Continuation Update (Continued from page 9, Form 523L)
family home. The subject property is set within a historic residential setting in the area of Santa Clara known as the "Old Quad," and, while a portion of the block in which it is located has been compromised by new development, the immediate streetscape that surrounds it retains many qualities that reflect the period in which the house was constructed.

I
The subject property retains enough of its historic character and appearance to be recognizable as a historic property and to convey the reason for its significance (integrity).

National Register of Historic Places Criteria.

There are not any events associated with the residence at 1091 Jefferson Street which have made a significant contribution to the broad patterns of history or cultural heritage. It would therefore appear that the building would not be eligible for the National Register of Historic Places based on Criterion A (associated with events that have made a significant contribution to the broad patterns of our history). The building has had six owners over the 119 years of its existence and none appear to reach the level of significant influence required under Criterion B to be considered eligible for the National Register. Neither do any of the occupants appear to be significant to the history of the region, Nation or State of California. It would therefore appear that the building at 1091 Jefferson Street would not be eligible for the National Register based on Criterion B (associated with the lives of persons significant in our past). Although slightly remodeled 30+ years ago, the majority of the character-defining features of its original 1903 construction in the Neoclassical cottage subtypes of the Neoclassical architectural style remain, such as its squared plan, hipped roof with front facing dormer, recessed front porch and slanted bay window, and its narrow horizontal wood siding and thus, under National Register Criterion C the residence at 1091 Jefferson Street could be considered to "embody the distinctive characteristics of a type, period, or method of construction " and "represent[s] a significant and distinguishable entity whose components may lack individual distinction" and due to its proximity to other historically significant homes in the area, it does contribute to a potentially eligible Historic District. Therefore, it does appear that the building may be eligible for the National Register of Historic Places under Criterion C.

California Register of Historic Resources Criteria
The Criteria for listing in the California Register of Historical Places are consistent with those for listing in the National Register.

However, they have been modified to better reflect the history of California at both a local and State level. Criterion 1 is the California Register equivalent of the National Register Criterion A (events) and California Register Criterion 2, the equivalent of National Register Criterion B (persons). The property at 1091 Jefferson Street is associated with the arrival and settlement of three (3) pioneer families who arrived in the 1850s and one (1) family who arrived in the early 1860s, all of whom made significant contributions to the agricultural and economic growth of the City of Santa Clara. Thus, it is associated with the Jives of persons important to local history and does appear to be eligible for the California Register based on Criterion 1 and Criterion 2. Criterion 3 addresses the distinctive characteristics of a type, period, region, or method of construction. Originally constructed in 1903 in the Neoclassical cottage subtype of the Neoclassical architectural style, which is associated with the period of 1910-1920, the subject home is characterized by being a one-story home with a hipped roof and front facing hipped roof dormer, along with a colonnaded partial-width porch included under the main roof, a squared plan, boxed eaves, narrow horizontal wood sheathing and rectangular, double-hung windows with wide flat trim.

Although the property has been slightly altered, the majority of the character-defining features of its original 1903 construction remain.

Therefore, it does appear to reach the level of significance necessary to be individually eligible for the California Register under Criterion 3.

City of Santa Clara Criteria for Local Significance
In 2004, The City of Santa Clara adopted Criteria for Local Significance. Under these criteria, "any building , site, or property in the city that is 50 years old or older and meets certain criteria of architectural , cultural , historical , geographical or archaeological significance is potentially eligible ," to be a "Qualified Historic Resource ." The evaluator finds that the property meets the following criteria:
(Continued on page 11 , Form 523L)
DPR 523L (1 /95) * Required information
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary#
HRI#
Trinomial
Page _1_1_ of ______1J__ *Resource Name or# (Assigned by recorder) Dibble/Parker House *Recorded by: _ L_o_rie_G_a_rc_i_a _______ __ _ *Date 1/28/2022 ~ Continuation Update (Continued from page 10, Form 523L)
Criteria for Historically or Cultural Significance:

To be Historically or culturally significant a property must meet at least one of the following criteria:

1. The site, building or property has character , interest, integrity and reflects the heritage and cultural development of the city, region, state or nation.

Due to its association with people who had been born and raised in Santa Clara and were the offspring of earlier prominent settlers, this property does have a direct association with the broad patterns of Santa Clara history. The building has interest, integrity and character and reflects the growth of this area in the first part of the 20th Century and the type of homes built in Santa Clara for the children of earlier Santa Clara residents.

3. The property is associated with an important individual or group, who contributed in a significant way to the political, social, and/or cultural life of the community .

This property is associated with four highly important, well-known, early pioneer families, Dibble, Rucker and Parker, who settled here in the 1850s and Sallows, who arrived in the early1860s. Both John Dibble and John Sallows became members of the Town Board of Trustees and they and their children, including members of the Rucker and Parker families, played an important role in the social, cultural life and economic life of the community. The first and second owners of this residence were their sons, Charles W Dibble and James S. Parker, who themselves were also prominent individuals in Santa Clara.

5. A building's direct association with broad patterns of local area history , including development and settlement patterns, early or important transportation routes or social, political, or economic trends and activities .

As the larger Town blocks were subdivided into smaller lots at the turn of the 2Qlh Century, this area was primarily settled by people whose employment was in Santa Clara's "downtown" business district. This home at 1091 Jefferson was constructed in 1903 for Charles Dibble, a prominent "downtown " business owner, who for decades contributed to the economic life of community. Its second owner, James S. Parker, was a leading Santa Clara agriculturist who moved into town in the second decade of the 2Qlh Century, the time when the original large agricultural parcels were being divided into smaller holdings. While living here, he retired from ranching and established a large trucking company.

The subject property does meet Criteria 1, 3 and 5 for Historically or Cultural Significance of the City of Santa Clara Criteria for Local Significance . However , it does not meet Criteria 2 or 4 for Historically or Cultural Significance.

Criteria for Architectural Significance:

To be architecturally significant a property must meet at least one of the following criteria:

1. The property characterizes an architectural style associated with a particular era and/or ethnic group.

The residence at 1091 Jefferson Street was originally designed and constructed in 1903 in the eclectic architectural style termed Neoclassical . The one-story version, which usually had a hipped roof and prominent central dormer, along with a colonnaded partial­ width porch included under the main roof, is classified as belonging to the Neoclassical cottage subtype and is associated with the period from 1900 to 1920. A simple style, these homes proved the ideal form of construction to meet the escalating need for housing in the first part of the 2Qlh Century. Dwellings of this architectural style, also had a squared plan, boxed eaves, narrow horizontal wood sheathing and rectangular, double-hung windows with wide flat trim, all features of this property. Although slightly altered in the rear and on the south side-elevation , the majority of this architectural style's character-defining features remain that today the subject building still reflects its original architectural style.

The subject property does meet Criterion 1 for Architectural Significance of the City of Santa Clara Criteria for Local Significance.

However , it does not meet Criteria for Architectural Significance 2, 3, 4, 5, 6 or 7. (Continued on page 12, Form 523L)
DPR 523L (1 /95) * Required information
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary#
HRI#
Trinomial
Page _1L of ____1]_ *Resource Name or# (Assigned by recorder) Dibble/Parker House *Recorded by: ----=-L-'---or_ie'--------"G---'-a-rc-'----ia-'------ ------- *Date 1/28/2022 ~ Continuation Update (Continued from page 11, Form 523L)
Criteria for Geographic Significance:

To be geographically significant a property must meet at least one of the following criteria:

No.1. A neighborhood , group or unique area directly associated with broad patterns of local area history.

The subject property is located in the area of the Old Quad where the larger lots underwent subdivision to accommodate the extensive development that Santa Clara experienced in the first decades of the twentieth century, due to the growth and expansion of manufacturing and agricultural industries . These historic residential properties contribute to the historic setting that reflects the neighborhood's role in the broad patterns of Santa Clara's early development.

No. 2. A building's continuity and compatibility with adjacent buildings and/or visual contribution to a group of similar buildings.

Constructed in 1903 as a Neoclassical cottage, this house remains as an example of the smaller homes built in Santa Clara in the early twentieth century . It is representative of the development of this area of the Old Quad during the early 2Qlh century and is important to the integrity of the historic area in which it is located . Within a 15-year period , most of the homes on this block were constructed . This accounts for the continuity of the building styles in the neighborhood. Currently, all of the homes on the 1400 Benton Street block face (1450 & 1470), two on the 1000 Madison Street block face (1080 &1086) and one on the Jefferson Street block face (1045) are listed on, on the City of Santa Clears list of Architecturally and/or Historically Significant Properties.

The subject property does meet Criterion 1 and 2 for Geographic Significance , of the City of Santa Clara Criteria for Local Significance .

However, it does not meet Criteria for Geographic Significance 3 or 4.

Criteria for Archaeological Significance:

As the property at 1091 Jefferson Street contains no known or unknown prehistoric or historic archaeological resources , it would not be Archaeologically Significant under any of the five of the City of Santa Clara's Criteria for Archaeological Resources . However , should any prehistoric or historic archaeological resources be uncovered in the future , this would be subject to change .

Conclusions and Recommendations
Currently , this property is not on The City of Santa Clara Architecturally or Historically Significant Properties list. However, the property is over 50 years old and thus meets the age requirement and the evaluator finds 1091 Jefferson Street to retain sufficient integrity to qualify as a historic property . It appears to be, based on compliance with the National Register of Historic Places Criteria, the California Register of Historic Resources Criteria and the City of Santa Clara's Local Significance Criteria , a "Qualified Historic Resource," eligible for listing on the City of Santa Clara Architecturally and/or Historically Significant Properties List.

DPR 523L (1 /95) * Required information
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
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Page ~ of 27 * Resource Name or# (Assigned by recorder) Dibble/Parker House *Recorded by: _ Lo_r_ie_G_a_r_c_ia ______ _____ *Date 1/28/2022 ~ Continuation Update

HISTORIC MAPS

BENTON STREET
Block 1 North, Range V West
Bordered by Benton, Madison, Jefferson and Franklin Streets . 1866 J.J. Bowen Survey of the Town of Santa Clara
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DPR 523L (1 /95) * Requir ed inform atio n
St at e of California - T he Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary#
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Page --1:!._ of 2 7 * Resource Name or # (Assigned by recorder) Dibble/Parker House * Recorded by: _ Lo_r_ie_G_a_r_ci_a _ ______ _ __ _ * Date 1/28/2022 ~ Continu ation Update HISTORIC MAPS cont inued

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Dec.,1892 Map of the Town of Santa Clara - Compi led by C. E. Moo re • indicates w here 1091 Jefferson Stree t would be constr ucted a decade late r.

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State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
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Trinomial

*Recorded by: _Lo_r_ie_G_a_rc_ia _________ _ *Date 1/28/2022 ~ Continuation Update

SANBORN FIRE INSURANCE MAPS
1891 SANBORN MAP

BENTON STREET
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1901 SANBORN MAP
DPR 523L (1/95) *Required information
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary#
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Page __!_§_ of 27 *Resource Name or# (Assigned by recorder) Dibble/Parker House *Recorded by: _Lo_r_ie_G_a_r_ci_a ________ _ *Date 1/128/2022 ~ Continuation Update DPR 523L (1 /95)
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SANBORN FIRE INSURANCE MAPS

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1930 SANBORN MAP
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* Required information
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary#
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Trinomial
Page __l2___ of 2 7 * Resource Name or# (Assigned by recorder) Dibble/Parker House *Recorded by: _ Lo_r_ie_G_a_r_ci_a _ _ _____ _ *Date 1/28/2022 ~ Continuation Update DPR 523L (1 /95)

SANBORN FIRE INSURANCE MAPS
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1915

BENTON STREET
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FRANKLIN STREET
1950 SANBORN MAP
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* Required inform ation
r
State of California - The Resources Agency

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CONTINUATION SHEET
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Page ~ of 27 * Resource Name or# assigned by recorder) Dibble/Parker House *Recorded by: _Lo_r_ie_G_a_rc_ia _ _ _______ *Date 1/28/2022 ~ Continuation Update

HISTORIC PHOTOS
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----► Charles W. Dibble's Bicycle Shop - 964/966 Main Street in 1898.

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(Located on the W side of Main St. between Franklin & Liberty (Homestead) Streets. Public Park shown in background.) DPR 523L (1 /95) * Required informa tion
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary#
HRI#
Trinomial
Page~ of 27 * Resource Name or# assigned by recorder) Dibble/Parker House *Recorded by: _ Lo_ri_e_G_a_rc_ia _____ __ _ *Date 1/28/2022 ~ Continuation Update

HISTORIC PHOTOS/ARTICLES

OUTWITS HIS FRIENDS

BY MARRYING EARLY
Charles Dibble of Santa Ctara Weds
M iss Lorraine Rucke r ·in Time to
Escape His Fun-Loving Associates +---·---------;_:::.,;:-.;;;;-;;~~_:I"~ ,
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- 11(. /
(Article continued on page 20, Form 523L,)
DPR 523L (1 /95)
Lorraine Verenda [Rucker) Dibble
Circa 1901
* Required information
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Page~ of 27
Primary#
HRI#
Trinomial
*Resource Name or# assigned by recorder) Dibble/Parker House *Recorded by: _ Lo'----r---'--ie_G'----a_rc'--ia'---------- *Date 1/28/2022 ~ Continuation Update

HISTORIC PHOTOS/ARTICLES
(Article continued from page 19, Form 523L)
San Francisco Call, April 4, 1901
(Note: The Cal/ gives the wrong date for their marriage, Charles W. Dibble & Lorraine Rucker were married on April 2nd. ) DPR 523L (1 /95) * Required information
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary#
HRI#
Trinomial

*Recorded by: -=L:..:o:..:_r:..::ie=---G-=--=a"---rc'----i-'---a--------- -- *Date 1/28/2022 ~ Continuation Update I ,
1a..-. .... J
22~27 N. ......... ........ .

HISTORIC DOCUMENTS
(Charles William Dibble)
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!lil'W ,.
/..,,,,/ ................................... .

UNITED STATES OF Al\.•lERICA.
, .... .. ••u••·· ••· .......... , ,,. ,, ,, .. ,,.~ ... .... , ,.,,, , .. ,,. 1 I l'....!n':.~h~h~~ :: ~ "'41~ i:'J~i•s..;;;,•~;;;j',i•i• ~ ·.:c;. -td i:1 tii• il!'.il ■ olt...., DW11 io di• ~~~ai.
••••·••n• •••••! 1• 01 •••••• • .. • •••!!lll" •t• l • ••n••1 1900 Passport Application
DPR 523L (1 /95)
. REGISTRATIO_i'! CA~~ --. . . . ..

I
Loc1tt Jiu~,, rr,, J\ v. fil'n, f
'°' 111, Cn .. ,. ~ .. ;-111 r 1,rA, !ilMlti of CAJ.
r'f\ 1l1y fWr.
r ~'.,•! I •t .~·:_ f 1 f 1 ' '-"1 I • • ;I ,,
1918 WWI Registration Card
Note: When he was 14 C. W Dibble lost his
toes, when he shot them off whileloading a gun.
* Required information
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary#
HRI#
Trinomial
Page~ of 27 * Resource Name or# (Assigned by recorder) Dibble/Parker House *Recorded by: _Lo_r_ie_G_a_r_c_ia ______ ____ _ *Date 1/28/2022 ~ Continuation Update Additional Photos
e 1091 Jefferson Street
Above: 2021 Google aerial view showing the subject property on the corner of Jefferson and Benton Streets. Note the squared plan , the hipped roof and front-facing dormer.

DPR 523L (1 /95) * Required information
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary#
HRI#
Trinomial

*Recorded by: _ L_o_rie_ G_a_r_c_ia ____________ _ *Date 1/28/2022 ~ Continuation Additional Photos - (South Side-Elevation)
Photo No: 100_2868
View : Partial S side-elevation and front facade;
Photo Date: December 2021; Camera Facing : NNE 100_2968 Photo No: 100_2992
View : Partial S side-elevation & partial rear fa<,ade, view towards street corner ; Photo Date: December 2021; Camera Facing: NW Photo No: 100_2999
View : S side-elevation , view towards street ;
Photo Date: December 2021 ; Camera Facing : N
Update
DPR 523L (1 /95) * Required infor mati on
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary#
HRI#
Trinomial

*Recorded by: ----=L:.:co.:...:ri-=-e----'G'--'a"'r...::;c_;_;:ia'------------ -- *Date 1/28/2022 ~ Continuation Additional Photos - (North Side-Elevation and Rear Facade) Photo No : 100_2976 top,
Photo No : 100_2977 bottom;
View: N side-elevation and partial rear fac,ade, showing non-original rear addition and entry to house;
Photo Date: December 2021;
Camera Facing: SW
Photo No : 100_2986 Photo No: 100_2982
Update
View: Partial rear fac,ade with rear landing and stairs from south & partial S side-elevation; Photo Date: 12/31/2021; Camera Facing: W View: Partial rear facade , with rear landing and stairs from north ; Photo Date: December 2021; Camera Facin : SW
DPR 523L (1 /95) * Required information
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary#
HRI#
Trinomial

*Recorded by: _ L_o_ri_e_G_a_r_c_ia _______ ____ _ _ *Date 1/28/2022 ~ Continuation Update Additional Photos - Entry doors
Photo No: 100_3008
View: Front door (Original) ; Photo Date: December, 2021 Camera Facing: ENE
Photo No: 100_3005
View: S side entry - French doors; Photo Date: December, 2021 Camera Facin : NNW
DPR 523L (1 /95)
Photo No: 100_2984
View: Rear door; Photo Date: December , 2021
Camera Facing: WSW
7~\-1.··· :0 -~-........
. . ----.... ·.
: I
i
Photo No: 100_2005
View: Basement entry; Photo Date: December , 2021
Camera Facing : SW
* Required informa tion
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET

Primary#
HRI#
Trinomial
*Resource Name or# (Assigned by recorder) Dibble/Parker House *Recorded by: _ L_o_ri_e_G_a_r_c_ia ________ ____ _ *Date 1/28/2022 ~ Continuation Update Additional Photos - Features
Photo No: 100_3010
View: Front porch, exterior; Photo Date : December, 2021 Camera Facing: ENE
..

Photo No: 100_2970
View: Full-height Bay ; Photo Date : December , 2021
Camera Facin : ENE
DPR 523L (1 /95)
Photo No: 100_3009
View: Front porch, interior: December, 2021
Camera Facin : NNW
Photo No: 100_3017
View : Dormer with louvered vent; Photo Date : December , 2021 Camera Facin : ENE
* Required information
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION
Primary#
HRI#
CONTINUATION SHEET Trinomial

*Recorded by: _L_o_ri_e_G_a_r_c_ia ________ ____ _ *Date 1/28/2022 ~ Continuation Update Additional Photos - Eaves, Basement Windows and Sheds
Photo No: 100_3006
View : Eaves & Cornice ; Photo Date: December, 2021
Camera Facin : NNW
Photo No: 100_2998
View:S side-elevaion porch & stairs from rear and Basement pair of casement windows ; Photo Date: December, 2021
Camera Facin : WSW
DPR 523L (1 /95)
Photo No: 100_2994
View: Basement casement window : December , 2021
Camera Facing: NW
Photo No: 100_2985
View: Rear Sheds; Photo Date: December, 2021
Camera Facin : N
* Required information
Secretary of Interior’s Standards for Rehabilitation

1. A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships.

2. The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property will be avoided.

3. Each property will be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken.

4. Changes to a property that have acquired historic significance in their own right will be retained and preserved.

5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved.

6. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence.

7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.

8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.

9. New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.

10. New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

Statement of Justification
1091 Jefferson Street, Santa Clara, CA 95050
Owners: Kathryn and Christopher Miller

Dear Members of the Historical Commission,

We, Kathryn and Christopher Miller, the owners of 1091 Jefferson Street, respectfully request your consideration for a Mills Act Contract.

Our home is a one-story bungalow cottage and retains many of its original features, including original siding, window casings, windows, porch, and front door. We will continue to lovingly rehabilitate the property to maintain its historical significance. The property tax relief afforded by The Mills Act will help finance the costs in our efforts to maintain our historic home.

We appreciate your consideration. We really look forward to you reviewing our Mills Act application and allowing us to protect our beautiful bungalow for generations to come. Thank you very much!

Mills Act 10-Year Rehabilitation Plan: 1091 Jefferson Street

1. Year 1: Replace historic front door framing (extensive wood rot), replace rotting casing with new, custom matched woodwork. Original double hung windows painted shut and wood rot present (bathroom and bedrooms). Restore windows to original working order and repair sections with wood rot with custom millwork to match original craftsmanship (exterior and interior casing). Repair original siding where it is damaged with custom milled redwood siding.

2. Year 2: Repair and replace original front porch boards that are rotting with new tongue and groove boards; salvage old boards if possible. Repair and replace damaged siding on the interior and exterior of the porch, including railings. Porch currently sags and water leaks into basement. Structural repairs to level porch to prevent basement leaks and encourage proper drainage

3. Year 3: Remove and replace large exterior facia/molding below gutters where there is rot from water intrusion (several sections are rotten) with custom millwork.

Replace/repair gutters as needed to mitigate water effectively. Replace all downspouts.

4. Year 4: Upgrade electrical wiring throughout the house (bedrooms, living room, foyer).

Upgrade furnace and upgrade ventilation system. Install attic fan.

5. Year 5: Remodel bathroom to reflect turn of the century construction style. Upgrade plumbing, toilet, vanity/sink, bathtub, and floor. Restore bathroom to jack and jill style (original to property).

6. Year 6: Repair rotting door jamb and replace support studs to basement exterior corridor. Caulk and paint to prevent water intrusion. Replace French doors leading into dining room and replace termite damaged framing and casing.

7. Year 7: Replace damaged (failing) basement awning windows with new insert windows.

Repair or match and replace damaged basement window casing. Demolish and remove two existing backyard sheds and build historically accurate accessory building (carriage building) at rear of property that matches home. Home originally had carriage building at rear of property in 1900s.

8. Year 8: Repair original water table trim which surrounds the entire home (chipped and missing sections); if it cannot be repaired, we will have custom millwork done to match existing water table. Remove and replace damaged neighbor fence along Benton, install new redwood fence.

9. Year 9: Replace concrete in backyard with pavers/stone; Remove part of the large backyard deck and increase plant life in yard with historically available native plants/shrubs/and fruit trees.

10. Year 10: Repair/remove old paint from all interior hardware, doors, and knobs. Repair and rehabilitate original doorknobs so they are functioning. Repair hardwood floors throughout house. Custom (matching) millwork to replace damaged door and window casing if needed (interior and exterior). Remove hallway parquet flooring from 1970s and replace with hardwood flooring; possibility to restore original wood floors beneath parquet. Remove and replace interior bench cabinets below Bay Window.

Remodel exterior fireplace face using historically accurate materials (and design).

Historic Property Preservation Agreement/1091 Jefferson Street Typed: 05/14/2019

RECORD WITHOUT FEE
PURSUANT TO GOV'T CODE SECTION 6103

Recording Requested by:

Office of the City Attorney
City of Santa Clara, California

When Recorded, Mail to:

Office of the City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050

Form per Gov't Code Section 27361.6 [SPACE ABOVE THIS LINE FOR RECORDER'S USE]

HISTORIC PROPERTY PRESERVATION AGREEMENT

This Agreement, (herein, "Agreement"), is made and entered into this ___ day of ___________, 2022, ("Effective Date"), by and between Christopher and Kathryn Miller, owners of certain real property located at 1091 Jefferson Street, Santa Clara, CA 95050 (“OWNERS”) and the City of Santa Clara, California, a chartered California municipal corporation with its primary business address at 1500 Warburton Avenue, Santa Clara, California 95050("CITY"). CITY and OWNERS may be referred to herein individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."

A. Recitals.
(1) California Government Code Section 50280, et seq. authorizes the CITY to enter into a contract with the OWNERS of qualified Historical Property to provide for the use, maintenance, and restoration of such Historical Property so as to retain its characteristics as property of historica l significance.

(2) OWNERS possesses fee title in and to that certain real property, together with associated structures and improvements thereon, shown on the 2021 Santa Clara County Property Tax Rolls as Assessors' Parcel Number 269-20-024, and generall y located at the stree t address 1091 Jefferson Streett, in the City of Santa Clara ("Historic Property"). A legal description of the Historic Property is attached hereto as "Legal Description," marked as "Exhibit "A," and incorporated herein by reference.

(3) The Historic Property is on the City of Santa Clara Architecturally or Historical ly Significant Properties list. OWNERS submitted a Mills Act Proposal to City on _________, 2022.

The Proposal included a Primary Record from the State of California’s Depa rtment of Parks and Recreation. A true and correct copy of the Proposal is attached to this Agreement as “Exhibit B”.

(4) CITY and OWNERS, for their mutual benefit, now desire to enter into this Agreement both to protect and preserve the characteristics of historical significance of the Historic Property and to qualify the Historic Property for an assessment of valuation pursuant to Section 439.2 of the California Revenue and Taxation Code.
1111 ■
1111
Historic Property Preservation Agreement/1091 Jefferson Street Typed: 05/14/2019

B. Agreement.

NOW, THEREFORE, CITY and OWNER S, in consideration of the mutual covenants and conditions set forth herein, do hereby agree as follows:

(1) Effective Date and Term of Agreement. The term of this Agreement shall commence on the effective date of this Agreement and shall remain in effect for a term of ten (10 ) years thereafter. E ach year upon the anniversary of the effective date, such term will automatically be extended as provided in paragraph 2, below.

(2) Renewal.
(a) Each year on the anniversary of the effective date of this Agreement, ("renewal date"), one (1) ye ar shall automatically be added to the term of this Agreement unless notice of nonrenewal is mailed as provided herein.

(b) If either the OWNERS or CITY desires in any year not to renew the Agreement, OWNERS or CITY shall serve written notice of nonrenewal of the Agreement. Unless such notice is served by OWNERS to CITY at least ninety (90) days prior to the annual renewal date, or served by CITY to OWNER S at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the balance of the remaining term of the Agreement as provided herein.

(c) OWNERS may make a written protest of a nonrenewal notice issued by CITY.

CITY may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to OWNERS of nonrenewal. If either CITY or OWNERS serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, from either original execution date or the last renewal date of the Agreement, whichever is applicable.

(3) Standards for Historical Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements, and restrictions:

(a) OWNERS shall preserve and maintain the c haracteristics of historical significance of the Historic Property. "The Secretary of the Interior's Standards for Rehabilitation," marked as “Exhibit C” to this agreement, and incorporated herein by this reference, contains a list of those minimum s tandards and conditions for maintenance, use, and preservation of the Historic Property, which shall apply to such property throughout the term of this Agreement.

(b) OWNERS shall, when necessary or as determined by the Director of Planning and Inspection, restore and rehabilitate the property to conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, the United States Secretary of the Interior Standards for Rehabilitation and the California Historical Building Code and in accordance with the attached schedule of potential home improvements, drafted by the OWNERS and approved by the City Council, attached hereto as "The Description of the Preservation and Historic Property Preservation Agreement/1091 Jefferson Street Typed: 05/14/2019

Restoration Efforts," marked as “E xhibit D” to this agre ement, and incorporated herein by this reference.

(c) OWNERS shall allow, and CITY requires, that after five (5) years, and every five (5) years thereafter, an inspection of the property’s interior and exterior shall be conducted by a party appointed by CITY, to determine OWNERS’ continued compliance with the terms of this Agreement. OWNERS acknowledge that the required inspections of the interior and exterior of the property were conducted prior to the effective date of this Agreement.

(4) Provision for Information.
(a) OWNERS hereby agree to furnish CITY with any and all information requested by the CITY to determine compliance with the terms and provisions of this Agreement.

(b) It shall be the duty of the OWNERS to keep and preserve, for the term of the Agreement, all records as may be necessary to determine the eligibility of the property involved, and the OWNERS compliance with the terms and provisions of this Agreement, including, but not limited to blueprints, permits, h istorical and/or architectural review approvals, and schedules of potential home improvements drafted by the OWNERS and approved by the City Council.

(5) Cancellation.
(a) CITY, following a duly noticed public hearing as set forth in Cal ifornia Government Code Section 50280, et seq., shall cancel this Agreement or bring an action in court to enforce this Agreement if it determines any one of the following:

(i) the OWNER S breached any of the terms or conditions of this Agreement; or

(ii) the OWNERS have allowed the property to deteriorate to the point that it no longer meets standards for a qualified historic property.

(b) CITY may also cancel this Agreement if it determines that:

(i) the OWNERS have allowed the property to deteriorate to the point that it no lon ger meets building standards of the City Code and the codes it incorporates by reference, including, but not limited to, the Uniform Housing Code, the California Historical Building Code, the California Fire Code, and the Uniform Code for the Abatement of Dangerous Buildings or;

(ii) the OWNERS have not complied with any other local, State, or federal laws and regulations.

(iii) the OWNERS have failed to restore or rehabilitate the property in the manner specified in subparagraph 3(b) of this Agreement.

Historic Property Preservation Agreement/1091 Jefferson Street Typed: 05/14/2019

(c) In the event of cancellation, OWNER S shall pay those cancellation fees set forth in Cal ifornia Government Code Section 50280, et seq. As an alternative to cancellation, OWNERS may bring an action in court to enforce the Agreement.

(6) No Waiver of Breach.
(a) No waiver by CITY of any breach under this Agreement shall be deemed to be a waiver of any other subsequent breach. CITY does not waive any claim of breach by OWNERS if CITY does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for under the terms of this Agreement or in the City's laws and regulations are available to the City.

(7) Mediation.
(a) Any controversies between OWNERS and CITY regarding the construction or application of this Agreement, and claim arising out of this contract or its breach, shall be submitted to mediation upon the written request of one party after the service of that request on the other party.

(b) If a dispute arises under this contract, either party may demand mediation by filing a written demand with the other party.

(c) The parties may agree on one mediator. If they cannot agree on one mediator, there shall be three: one named in writing by each of the parties within five days after demand for mediation is given, and a third chosen by the two appointed. Should either party refuse or neglect to join in the appointment of the mediator(s) or to furnish the mediator(s) with any papers or information demanded, the mediator(s) may proceed ex parte.

(d) A hearing on the matter to be arbitrated shall take place before the mediator(s) in the city of Santa Clara, County of Santa Clara, State of California, at the time and place selected by the mediator(s). The mediator(s) shall select the time and place promptly and shall give party written notice of the time and place at least fifteen (15) days before the date selected. At the hearing, any relevant evidence may be presented by either party, and the formal rules of evidence applicable to judicial proceedings shall not govern. Evidence may be admitted or excluded in the sole discretion of the mediator(s). The mediator(s) shall hear and determine the matter and shall execute and acknowledge the award in writing and cause a copy of the w riting to be delivered to each of the parties.

(e) The submission of a dispute to the mediator(s) and the rendering of a decision by the mediator(s) shall be a condition precedent to any right of legal action on the dispute. A judgment confirming the award may be given by any Superior Court having jurisdiction, or that Court may vacate, modify, or correct the award in accordance with the prevailing provisions of the California Mediation Act.

(f) Each party shall bear their own cost(s) of mediation.

(8) Binding Effect of Agreement.

Historic Property Preservation Agreement/1091 Jefferson Street Typed: 05/14/2019

(a) The OWNERS hereby subjects the Historic Property described in Exhibit "A" hereto to the covenants, reservations, and restrictions as set forth in this Agreement. CITY and OWNERS hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the OWNERS successors and assigns in title or interest to the Historic Property. Each and every contract, deed, or other instrument hereinafter executed, covering, encumbering, or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restr ictions expressed in this Agreement, regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed, or other instrument.

(b) CITY and OWNERS hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein touch and concern the land in that OWNERS’ legal interest in the Historic Property.

(c) CITY and OWNERS hereby further declare their understanding and intent that the benefit of such covenants, reservations, and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the Historic Property for the benefit of the CITY, public (which includes, but is not limited to the benefit to the public street generally located at 1176 Lincoln Street), and OWNERS.

(9) Notice.
(a) Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto.

CITY: City of Santa Clara
Attn: City Clerk
1500 Warburton Avenue
Santa Clara, CA 95050

OWNERS: Christopher Miller Kathryn Miller
1091 Jefferson Street 1091 Jefferson Street
Santa Clara, CA 95050 Santa Clara, CA 95050

(b) Prior to entering a contract for sale of the Historic Property, OWNERS shall give thirty (30) days notice to the CITY and it shall be provided at the address of the respective parties as specified above or at any other address as may be later specified by the parties hereto.

(10) No Partnership or Joint Enterprise Created . None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns; nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise.

Historic Property Preservation Agreement/1091 Jefferson Street Typed: 05/14/2019

(11) Hold Harmless and Indemnification . To the extent permitted by law, OWNER S agree to protect, defend, hold harmless and indemnify CITY, its City Council, commissions, officers, agents, and employees from and against any claim, injury, liability, loss, cost, and/or expense or damage, however same may be caused, including all costs and reasonable attorney's fees in providing a defense to any claim arising there from for which OWNERS shall become legally liable arising from OWNERS’ acts, errors, or omissions with respect to or in any way connected with this Agreement.

(12) Attorneys' Fees. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to costs and other relief ordered by the court.

(13) Restrictive Covenants Binding . All of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner pursuant to this Agreement.

(14) Mills Act Historic Property Contract Application Requirements. An application for a Mills Act Historic Property Contract shall be made through the Planning Division and shall include the following:

a. a Historic Resources Inventory form;

b. the description of the preservation or restoration efforts to be undertaken as referenced in paragraph 3 (b) as Exhibit "D";

c. a statement of justification for the Mills Act Historic Property designation and reassessment; and,

d. the Mills Act Historic Property Contract filing fee pursuant to paragraph 17.

(15) Mills Act Historic Property Contract Approval . Based upon the Historical and Landmarks Commission's ("Commission") review of the Mills Act Historic Property Contract criteria and recommendation to Council, and based upon the recommendation and approval by Council, a Mills Act Historic Property Contract may be entered into with OWNERS. The decision of the City Council shall be final and conclusive in the matter.

(16) Recordation and Notice. No later than twenty (20) days after the parties execute and enter into this Agreement, the CITY shall cause this Agreement to be recorded in the office of the County Recorder of the County of Santa Clara.

(17) Fees. The Planning Department may collect such Mills Act Historic Property Contract application fee of $7,694.00 (seven thousand sixty hundred and ninety-four dollars), or other fees for Historic Property Preservation Agreement/1091 Jefferson Street Typed: 05/14/2019

the administration of this contract as are authorized from time to time by the City Council. Such fees do n ot e xceed the reasonable cost of providing the service for which these fees are charged.

OWNERS shall pay the County Recorder's Office recordation fees for recordation of this Mills Act Historic Property Contract and the recordation of the OWNERS updated Historic Resources Inventory form.

(18) Ordinary Maintenance. Nothing in this contract shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any Historic Property covered by this contract that does not involve a change in design, material, or external appearance thereof, nor does this contract prevent the construction, reconstruction, alteration, restoration, demolition, or removal of any such external architectural feature when the Director of Planning and Inspection determines that such action is required for the public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the California Historical Building Code and when such architectural feature can be replaced according to the Secretary of Interior's Standards.

(19) California Historic al Building Code . The California Historic al Building Code ("CHBC") provides alternative building regulations for the rehabilitation, preservation, restoration, or relocation of structures designated as Historic Properties. The CITY's building permit procedure shall be utilized for any Historic Property which is subject to the provisions of this Agreement, except as otherwise provided in this Agreement or the CHBC. Nothing in this Agreement shall be deemed to prevent any fire, building, health, or safety official from enforcing laws, ordinances, rules, regulations, and standards to protect the health, safety, welfare, and property of the OWNERS or occupants of the Historic Property or the public.

(20) Conservation Easements.
(a) Conservation easements on the facades of the Historical Property may be acquired by the CITY, or on the CITY's behalf, by a nonprofit group designated by the CITY through purchase, donation, or condemnation pursuant to California Civil Code Section 815.

(b) The OWNERS, occupant, or other person in actual charge of the Historical Property shall keep in good repair all of the exterior portions of the Historic Property, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature.

(c) It shall be the duty of the Director of Planning and Building Inspection to enforce this section.

(21) Severability. If any section, sentence, clause, or phrase of this Agreement is, for any reason, held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, or by subsequent preemptive legislation, such decision shall not affect the validity and enforceability of the remaining provisions or portions of this Agreement. CITY and OWNERS hereby declare that they would have adopted this Agreement, and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional.

Historic Property Preservation Agreement/1091 Jefferson Street Typed: 05/14/2019

(22) Integrated Agreement - Totality of Agreement . This Agreement embodies the agreement between CITY and OWNER S and its terms and conditions. No other under standing, agreements, or conversations, or otherwise, with any officer, agent, or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Any such verbal agreement shall be considered as unofficial information and in no way binding upon CITY.

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

(24) Statutes and Law Governing Contract . This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California.

(25) Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto.

IN WITNESS WHEREOF, CITY and OWNERS have executed this Agreement on the day and year first written above.

CITY OF SANTA CLARA, CALIFORNIA,
a chartered California municipal corporation

APPROVED AS TO FORM:

___________________________ ______________________________ Brian Doyle Rajeev Batra
City Attorney City Manager

ATTEST: 1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
____________________________ Fax Number: (408) 241-6771 Hosam Haggag
City Clerk

“CITY”

Christopher and Kathryn Miller,
Owners of 1091 Jefferson Street

By: _____________________________ By: _____________________________ Christopher Miller Kathryn Miller
Historic Property Preservation Agreement/1091 Jefferson Street Typed: 05/14/2019

1091 Jefferson Street 1091 Jefferson Street
Santa Clara, CA 95050 Santa Clara, CA 95050

“OWNERS”

Exhibits:

A – Property Description
B – Primary Record
C – Standards for Rehabilitation
D – Restoration Schedule

I:\PLANNING\2019\HLC 2019\06.06.2019\Staff Reports\610 Monroe St\Draft Mills Act Contract.doc Historic Property Preservation Agreement/1091 Jefferson Street Typed: 05/14/2019

Mills Act Workplan - 1176 Lincoln Street
Year Proposed Project
Year 1 Replace historic front door framing (extensive wood rot), replace rotting casing with new, custom matched woodwork. Original double hung windows painted shut and wood rot present (bathroom and bedrooms). Restore windows to original working order and repair sections with wood rot with custom millwork to match original craftsmanship (exterior and interior casing). Repair original siding where it is damaged with custom milled redwood siding.

Year 2 Repair and replace original front porch boards that are rotting with new tongue and groove boards; salvage old boards if possible. Repair and replace damaged siding on the interior and exterior of the porch, including railings. Porch currently sags and water leaks into basement.

Structural repairs to level porch to prevent basement leaks and encourage proper drainage Year 3 Remove and replace large exterior facia/molding below gutters where there is rot from water intrusion (several sections are rotten) with custom millwork. Replace/repair gutters as needed to mitigate water effectively. Replace all downspouts.

Year 4 Upgrade electrical wiring throughout the house (bedrooms, living room, foyer). Upgrade furnace and upgrade ventilation system. Install attic fan.

Year 5 Remodel bathroom to reflect turn of the century construction style. Upgrade plumbing, toilet, vanity/sink, bathtub, and floor. Restore bathroom to jack and jill style (original to property).

Year 6 Repair rotting door jamb and replace support studs to basement exterior corridor. Caulk and paint to prevent water intrusion. Replace French doors leading into dining room and replace termite damaged framing and casing.

Year 7 Replace damaged (failing) basement awning windows with new insert windows. Repair or match and replace damaged basement window casing. Demolish and remove two existing backyard sheds and build historically accurate accessory building (carriage building) at rear of property that matches home. Home originally had carriage building at rear of property in 1900s.

Year 8 Repair original water table trim which surrounds the entire home (chipped and missing sections); if it cannot be repaired, we will have custom millwork done to match existing water table. Remove and replace damaged neighbor fence along Benton, install new redwood fence.

Year 9 Replace concrete in backyard with pavers/stone; Remove part of the large backyard deck and increase plant life in yard with historically available native plants/shrubs/and fruit trees.

Year 10 Repair/remove old paint from all interior hardware, doors, and knobs. Repair and rehabilitate original doorknobs so they are functioning. Repair hardwood floors throughout house. Custom (matching) millwork to replace damaged door and window casing if needed (interior and exterior). Remove hallway parquet flooring from 1970s and replace with hardwood flooring; possibility to restore original wood floors beneath parquet. Remove and replace interior bench cabinets below Bay Window. Remodel exterior fireplace face using historically accurate materials (and design).

06/02/2022Historical & Landmarks Commission Meeting Minutes

2. 22-690 Consideration of Historic Resource Inventory Property Designation and Historical Preservation Agreement (Mills Act) for 1091 Jefferson Street Recommendation: Staff recommends that the Historical and Landmarks Commission find that the Mills Act application and associated Ten-Year Restoration and Maintenance Plan accomplish the intent of preserving and maintaining the historical significance of the historic property and, therefore, recommend Council approve the addition of the property to the HRI; approve the Mills Act Contract; and adopt a Ten-Year Restoration and Maintenance Plan associated with the Historical Preservation Agreement for the property located at 1091 Jefferson Street.

Staff Liaison Rebecca Bustos provided the staff presentation.

Homeowner Katie Miller spoke regarding the project and answered questions from the Commission.

A motion was made by Commissioner Vargas-Smith, seconded by Commissioner Romano to close public hearing.

Aye: Commissioner Kirby, Chair Leung, Vice Chair Vargas-Smith, Commissioner Celso, Commissioner Romano, and Commissioner Stocks
6 -
Excused: Commissioner Swartzwelder1 -
Commissioner Kirby was absent in this portion of the meeting and was unable to vote due to technical difficulties.

A motion was made by Commissioner Romano, seconded by
Commissioner Stocks to approve staff recommendation with the addition of a plaque.

Aye: Chair Leung, Vice Chair Vargas-Smith, Commissioner Celso, Commissioner Romano, and Commissioner Stocks
5 -
Excused: Commissioner Swartzwelder1 -

Absent: Commissioner Kirby1 -