Agenda packet — City Council and Authorities Concurrent, March 7, 2023 (part 2 of 7)

CONSTRUCTION
00529458 207280 AST AND UST FUEL STORAGE
TANK
Fleet Operation Fund 1,185.00
Total for Payment No.: 1,185.00
Payment No: 025213
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 CINTAS CORP #630 00527940 4135648256 2022 OCT WATER UNIFORM

SERVICE
Water Utility 304.07
2023-01-13 CINTAS CORP #630 00527941 4140570824 2022 NOV WATER UNIFORM

SERVICE
Water Utility 287.44
2023-01-13 CINTAS CORP #630 00527940 4135648256 2022 OCT WATER UNIFORM

SERVICE
Sewer Utility 304.07
2023-01-13 CINTAS CORP #630 00527941 4140570824 2022 NOV WATER UNIFORM

SERVICE
Sewer Utility 287.44
Total for Payment No.: 1,183.02
Payment No: 709574
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 SAN JOSE MAILING 00529470 6350 MAILING FOR 906-950 MONROE General Fund 305.97 2023-01-27 SAN JOSE MAILING 00529470 6350 NOTICE -TAXABLE General Fund 122.75 Total for Payment No.: 428.72
Payment No: W23214
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 MISSIONSQUARE RETIREMENT 00529505 01/08/23-01/21/23A WT: B2302 457 PLN CONTRIBUTION Fringe Benefits 1,153.85 Total for Payment No.: 1,153.85
Payment No: W23195
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 MISSIONSQUARE RETIREMENT 00528610 12/25/22-01/07/23A WT: B2301 457 PLN CONTRIBUTION Fringe Benefits 1,153.85 Total for Payment No.: 1,153.85
Payment No: 025417
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 COAST COUNTIES TRUCK 00529263 01173374P PARTS-V3218 Fleet Operation Fund 516.52 2023-02-03 COAST COUNTIES TRUCK 00529264 01173489P PARTS-V3218 Fleet Operation Fund 26.34 2023-02-03 COAST COUNTIES TRUCK 00529107 01170973P PARTS - V#3599 Fleet Operation Fund 444.07 2023-02-03 COAST COUNTIES TRUCK 00529286 01172328P PARTS-V3599 Fleet Operation Fund 165.13 Total for Payment No.: 1,152.06
Payment No: 025249
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 PLANET FUTSAL INC 00528197 12 Futsal Kingz General Fund 1,149.75 Total for Payment No.: 1,149.75
Payment No: 025270
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 CA DEPT OF JUSTICE 00528084 621179 DOJ fees General Fund 742.00 2023-01-20 CA DEPT OF JUSTICE 00528585 627119 PERMITS FINGERPRINTS General Fund 64.00 2023-01-20 CA DEPT OF JUSTICE 00528585 627119 RECORDS VENDOR

FINGERPRINTS
General Fund 96.00
2023-01-20 CA DEPT OF JUSTICE 00528585 627119 STADIUM SEO FINGERPRINTS General Fund 247.00 Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid Total for Payment No.: 1,149.00
Payment No: 025369
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 MIDWEST TAPE LLC 00528498 503186293 1241 AD CD General Fund 27.53 2023-01-27 MIDWEST TAPE LLC 00528498 503186293 1241 AD DVD General Fund 283.17 2023-01-27 MIDWEST TAPE LLC 00528498 503186293 1231 JUV DVD General Fund 171.74 2023-01-27 MIDWEST TAPE LLC 00528498 503186293 1235 AD DVD General Fund 11.44 2023-01-27 MIDWEST TAPE LLC 00528499 503138792 1241 AD CD General Fund 13.36 2023-01-27 MIDWEST TAPE LLC 00528499 503138792 1241 AD DVD General Fund 486.33 2023-01-27 MIDWEST TAPE LLC 00528499 503138792 1235 AD DVD General Fund 90.76 2023-01-27 MIDWEST TAPE LLC 00528499 503138792 1235 JUV DVD General Fund 25.88 2023-01-27 MIDWEST TAPE LLC 00528511 503160319 1241 AD DVD General Fund 32.72 Total for Payment No.: 1,142.93
Payment No: 709680
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 JOHNSON CONTROLS FIRE 00529746 23292281 CENTRAL PARK LIBRARY 001-1271-
General Fund 1,140.00
Total for Payment No.: 1,140.00
Payment No: 709604
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 WASHINGTON TRUST BANK 00528584 230102-553879 VEBA CUSTODY FEE - DEC 2022 General Fund 1,131.69 Total for Payment No.: 1,131.69
Payment No: 025343
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 CINTAS CORP #630 00528825 4143335207 UNIFORM SERVICES Fleet Operation Fund 237.94 2023-01-27 CINTAS CORP #630 00528825 4143335207 SAFEWASHER MOBILE Fleet Operation Fund 65.50 2023-01-27 CINTAS CORP #630 00528624 4142659186 UNIFORM SERVICES Fleet Operation Fund 236.44 2023-01-27 CINTAS CORP #630 00528624 4142659186 SAFEWASHER MOBILE Fleet Operation Fund 65.50 2023-01-27 CINTAS CORP #630 00528712 4143213194 UNIFORMS General Fund 71.18 2023-01-27 CINTAS CORP #630 00528699 4142442434 UNIFORMS General Fund 71.18 2023-01-27 CINTAS CORP #630 00528700 4142181740 UNIFORMS General Fund 99.18 2023-01-27 CINTAS CORP #630 00528701 4141720103 UNIFORMS General Fund 71.18 2023-01-27 CINTAS CORP #630 00528702 4141555158 UNIFORMS General Fund 99.18 2023-01-27 CINTAS CORP #630 00528711 4142903261 UNIFORMS General Fund 99.18 Total for Payment No.: 1,116.46
Payment No: 025387
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 SUMMIT UNIFORMS 00528527 82796 SEO Wright stad uniform General Fund 169.53 2023-01-27 SUMMIT UNIFORMS 00528529 82799 TC Huynh stad uniform General Fund 205.63 2023-01-27 SUMMIT UNIFORMS 00528530 82800 SEO Moore stad uniform General Fund 169.53 2023-01-27 SUMMIT UNIFORMS 00528562 83964 TC Rodriguez stad uniform General Fund 205.63 2023-01-27 SUMMIT UNIFORMS 00528576 84052 TC Morris stad uniform General Fund 200.16 2023-01-27 SUMMIT UNIFORMS 00528573 84039 SEO Beck stad uniform General Fund 158.59 Total for Payment No.: 1,109.07
Payment No: 709235
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 PIONEER MANUFACTURING CO 00527950 INV866873 SOCCER NETS 3MM WHITE General Fund 1,047.60 2023-01-13 PIONEER MANUFACTURING CO 00527950 INV866873 SHIPPING & HANDLING General Fund 60.92 Total for Payment No.: 1,108.52
Payment No: 709420
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 SANTA CLARA WEEKLY 00529012 1246467 HOUSING ELEMENT UPDATE NOTICE
General Fund 1,104.00
Total for Payment No.: 1,104.00
Payment No: 709258
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 TARGET SPECIALTY PRODUCTS INC 00527667 INVP501010112 NATURE SAFE COARSE GRADE General Fund 1,084.53 Total for Payment No.: 1,084.53
Payment No: 709266
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 UNDERGROUND REPUBLIC WATER 00528571 S100002487.007 COUPLING, METER, 3/4 X 2-1/2IN Water Utility 1,081.61 Total for Payment No.: 1,081.61
Payment No: 025273
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 CINTAS CORP #630 00528295 4141986316 SAFWASHER MOBILE Fleet Operation Fund 32.75 2023-01-20 CINTAS CORP #630 00528295 4141986316 UNIFORM SERVICES Fleet Operation Fund 236.44 2023-01-20 CINTAS CORP #630 00528239 4138576161 UNIFORM SERVICES Fleet Operation Fund 301.76 2023-01-20 CINTAS CORP #630 00528240 4141222899 SAFEWASHER MOBILE Fleet Operation Fund 32.75 2023-01-20 CINTAS CORP #630 00528240 4141222899 UNIFORM SERVICES Fleet Operation Fund 255.01 2023-01-20 CINTAS CORP #630 00528239 4138576161 SAFEWASHER MOBILE Fleet Operation Fund 32.75 2023-01-20 CINTAS CORP #630 00528496 4141720102 UNIFORM SERVICES General Fund 59.26 2023-01-20 CINTAS CORP #630 00528497 4142442402 UNIFORM SERVICES General Fund 59.26 2023-01-20 CINTAS CORP #630 00528495 4141112772 UNIFORM SERVICES General Fund 64.33 Total for Payment No.: 1,074.31
Payment No: 025325
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 CITY OF SANTA CLARA UNIT 9 00529509 12/25/2-01/21/23 UNION DUES B2301 & B2302 Payroll Liability&ClearingAcct
1,065.00
Total for Payment No.: 1,065.00
Payment No: 025226
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 GALE/CENGAGE LEARNING 00527697 79750541 1241 AD BK General Fund 745.38 2023-01-13 GALE/CENGAGE LEARNING 00527634 79735970 1241 AD BK General Fund 117.81 2023-01-13 GALE/CENGAGE LEARNING 00527635 79735455 1241 AD BK General Fund 139.90 2023-01-13 GALE/CENGAGE LEARNING 00527636 79741431 1241 AD BK General Fund 57.26 Total for Payment No.: 1,060.35
Payment No: 025386
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 00529442 50789 LEGAL SERVICES - CHANGE
ORDER
General Fund 1,056.00
Total for Payment No.: 1,056.00
Payment No: 025241
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 MCCAMPBELL ANALYTICAL INC 00528368 2212706 Laboratory Services with McCam Water Utility 12.00 2023-01-13 MCCAMPBELL ANALYTICAL INC 00528369 2212894 Laboratory Services with McCam Water Utility 1,040.00 Total for Payment No.: 1,052.00
Payment No: 025468
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 R & R INDUSTRIES INC 00529897 638628 JACKET WITH HOOD, XLARGE, YELL
Water Utility 371.14
2023-02-03 R & R INDUSTRIES INC 00529897 638628 JACKET WITH HOOD, XXLARGE, YEL
Water Utility 212.08
-
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 R & R INDUSTRIES INC 00529897 638628 RAINPANT TROUSERS, LARGE, YELL
Water Utility 96.41
2023-02-03 R & R INDUSTRIES INC 00529897 638628 JACKET WITH HOOD, LARGE, YELLO
Water Utility 371.14
Total for Payment No.: 1,050.77
Payment No: 025205
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 BELL ELECTRICAL SUPPLY 00527657 5743642 DOTTIE 822 RUBBER TAPE General Fund 11.92 2023-01-13 BELL ELECTRICAL SUPPLY 00527658 5736052 IDEAL FISH TAPE W LEADER General Fund 448.16 2023-01-13 BELL ELECTRICAL SUPPLY 00527660 5736051 IDEAL YEL 74B WIRE NUT General Fund 588.23 Total for Payment No.: 1,048.31
Payment No: 709555
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 LEE & RO INC 00529432 668/11 CITYWIDE EMERGENCY

GENERATOR R
Public Buildings 1,043.00
Total for Payment No.: 1,043.00
Payment No: 709495
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 ENGINEERS -CITY OF SANTA CLARA 00529494 12/25/22-01/21/23 UNION DUES B2301 & B2302 Payroll Liability&ClearingAcct
1,030.71
Total for Payment No.: 1,030.71
Payment No: 025318
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 UNITY COURIER SERVICES, INC 00528373 485949 Link + Courier General Fund 1,011.56 Total for Payment No.: 1,011.56
Payment No: 709416
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 RR DONNELLEY 00528348 932342193 2022 W-2 FORMS General Fund 708.77 2023-01-20 RR DONNELLEY 00528348 932342193 2022 1095-C FORMS General Fund 279.15 Total for Payment No.: 987.92
Payment No: 025284
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 HI-TECH EMERGENCY VEHICLE

SERVICE INC
00528263 174705 PARTS-V2057 Fleet Operation Fund 701.24 2023-01-20 HI-TECH EMERGENCY VEHICLE

SERVICE INC
00528263 174705 SHIPPING HANDLING Fleet Operation Fund 14.34 2023-01-20 HI-TECH EMERGENCY VEHICLE

SERVICE INC
00528264 174706 PARTS-STOCK Fleet Operation Fund 246.93 2023-01-20 HI-TECH EMERGENCY VEHICLE

SERVICE INC
00528264 174706 SHIPPING HANDLING Fleet Operation Fund 14.34 Total for Payment No.: 976.85
Payment No: 709696
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 ONE LIFE PRINTS, INC 00529560 4745 Bldg Div Clothing - Subtotal Building New Dvlpmnt Srvc Fee
627.02
2023-02-03 ONE LIFE PRINTS, INC 00529561 4746 Bldg Div Clothing - Subtotal Building New Dvlpmnt Srvc Fee
344.79
Total for Payment No.: 971.81
Payment No: 709350
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 DIVISION OF THE STATE

ARCHITECT
00529026 13921JAN2023 QTRLY CASP FEE OCT-DEC22 Building Fee Admin Retainage
965.60
Total for Payment No.: 965.60
Payment No: 025333
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 AIR FILTER SUPPLY INC 00528695 I583064 SUPPLIES General Fund 13.21 2023-01-27 AIR FILTER SUPPLY INC 00528696 I581696 SUPPLIES General Fund 636.46 2023-01-27 AIR FILTER SUPPLY INC 00528697 I581686 SUPPLIES General Fund 187.30 2023-01-27 AIR FILTER SUPPLY INC 00528710 I582718 FILTERS General Fund 95.82 Total for Payment No.: 932.79
Payment No: W23213
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 MISSIONSQUARE RETIREMENT 00529504 01/08/23-01/21/23 WT: B2302 401 (A) PLAN CONTRIB Fringe Benefits 930.59 Total for Payment No.: 930.59
Payment No: W23194
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 MISSIONSQUARE RETIREMENT 00528608 12/25/22-01/07/23 WT: B2301 401 (A) PLAN CONTRIB Fringe Benefits 930.59 Total for Payment No.: 930.59
Payment No: 025311
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 TIFCO INDUSTRIES 00528288 71814453 PARTS-SHOP Fleet Operation Fund 64.95 2023-01-20 TIFCO INDUSTRIES 00528289 71814841 PARTS-SHOP Fleet Operation Fund 861.57 Total for Payment No.: 926.52
Payment No: 709707
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 REED & GRAHAM INC 00529083 046914 MATERIALS-STREET General Fund 911.15 Total for Payment No.: 911.15
Payment No: 709714
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 SAN JOSE BMW 00529196 272764 LABOR-V3504 WO134865 & MISC Fleet Operation Fund 669.15 2023-02-03 SAN JOSE BMW 00529196 272764 PARTS Fleet Operation Fund 231.61 Total for Payment No.: 900.76
Payment No: 709139
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 SJT HOLDINGS INC 00528318 25326-03 UTILITY
REFUND
UTILITY REFUND General Fund 870.49
Total for Payment No.: 870.49
Payment No: 025434
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 IMPERIAL SPRINKLER SUPPLY INC 00529271 0008869438-001 SUPPLIES-P&B General Fund 862.38 Total for Payment No.: 862.38
Payment No: 025231
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 00528300 1000162397 LEGAL SERVICES - CHANGE
ORDER
Related Santa Clara
Dvlpr Fund
861.00
Total for Payment No.: 861.00
Payment No: 709458
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 AUTOMATED BLDG CNTRL

SOLUTIONS
00529313 63310-05 UTILITY
REFUND
UTILITY REFUND General Fund 845.33
Total for Payment No.: 845.33
Payment No: 025289
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 KIMBERLY DAVEY 00528810 A-122622 Dance General Fund 819.00

Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid Total for Payment No.: 819.00
Payment No: 709730
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 SUNNYVALE FORD 00529280 214916 PARTS-V2871 Fleet Operation Fund 393.34 2023-02-03 SUNNYVALE FORD 00529281 214926 PARTS-V3474 Fleet Operation Fund 318.54 2023-02-03 SUNNYVALE FORD 00529282 214942 PARTS-V3302 Fleet Operation Fund 100.22 Total for Payment No.: 812.10
Payment No: 025216
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 COMCAST 00528504 11/23/22AC815540065018
2213
FIRE 1177 ALVISO ST General Fund 141.85
2023-01-13 COMCAST 00528504 11/23/22AC815540065018
2213
FIRE 1177 ALVISO ST General Fund 73.47
2023-01-13 COMCAST 00528504 11/23/22AC815540065018
2213
PD 601 EL CAMINO REAL General Fund 179.15
2023-01-13 COMCAST 00528504 11/23/22AC815540065018
2213
PD 3992 RIVERMARK PLZ General Fund 29.89
2023-01-13 COMCAST 00528504 11/23/22AC815540065018
2213
SR CNTR 1303 FREMONT ST General Fund 148.08
2023-01-13 COMCAST 00528504 11/23/22AC815540065018
2213
CH 1500 WARBURTON AVE Information Technology
Service
162.03
2023-01-13 COMCAST 00528504 11/23/22AC815540065018
2213
IT 1405 CIVIC CNTR DR Information Technology
Service

55.94 Total for Payment No.: 790.41
Payment No: 025347
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 COMCAST 00529149 12/23/22AC815540065018
2213
FIRE 1177 ALVISO ST General Fund 141.85
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 COMCAST 00529149 12/23/22AC815540065018
2213
FIRE 1177 ALVISO ST General Fund 73.47
2023-01-27 COMCAST 00529149 12/23/22AC815540065018
2213
PD 601 EL CAMINO REAL General Fund 179.15
2023-01-27 COMCAST 00529149 12/23/22AC815540065018
2213
PD 3992 RIVERMARK PLZ General Fund 29.89
2023-01-27 COMCAST 00529149 12/23/22AC815540065018
2213
SR CNTR 1303 FREMONT ST General Fund 148.08
2023-01-27 COMCAST 00529149 12/23/22AC815540065018
2213
CH 1500 WARBURTON AVE Information Technology
Service
162.03
2023-01-27 COMCAST 00529149 12/23/22AC815540065018
2213
IT 1405 CIVIC CNTR DR Information Technology
Service

55.94 Total for Payment No.: 790.41
Payment No: 709335
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 SOKON INVESTMENTS USA 00528972 64237-05 UTILITY REFUND
UTILITY REFUND General Fund 767.23
Total for Payment No.: 767.23
Payment No: 709467
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 HAWK RIDGE SYSTEMS 00529312 63265-08 UTILITY REFUND
UTILITY REFUND General Fund 766.82
Total for Payment No.: 766.82
Payment No: 709611
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 Z-CON SPECIALTY SERVICES, INC. 00528732 2023-007 WEST SIDE RETENTION Storm Drain 760.00 Total for Payment No.: 760.00
Payment No: 025331
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 ACT, A DIVISION OF CCI 00529249 0412983-IN TRITON MUSEUM Public Buildings 94.35 2023-01-27 ACT, A DIVISION OF CCI 00529249 0412983-IN CITY HALL General Fund 94.35 2023-01-27 ACT, A DIVISION OF CCI 00529249 0412983-IN OLD COURTHOUSE General Fund 94.35 2023-01-27 ACT, A DIVISION OF CCI 00529249 0412983-IN COMMUNITY RECREATION CENTER
General Fund 94.35
2023-01-27 ACT, A DIVISION OF CCI 00529249 0412983-IN FIRE STATION 1 General Fund 94.35 2023-01-27 ACT, A DIVISION OF CCI 00529249 0412983-IN CENTRAL LIBRARY General Fund 94.35 2023-01-27 ACT, A DIVISION OF CCI 00529249 0412983-IN NORTHSIDE LIBRARY General Fund 94.35 2023-01-27 ACT, A DIVISION OF CCI 00529249 0412983-IN POLICE General Fund 94.35 Total for Payment No.: 754.80
Payment No: 709286
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 GEETA TANEJA 00528813 121622 Utility Box Artist General Fund 750.00 Total for Payment No.: 750.00
Payment No: 025439
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 KNORR SYSTEMS INC 00529080 SI244784 6" VICTAULIC SEAL FOR COUPLING General Fund 742.81 Total for Payment No.: 742.81
Payment No: 709424
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 SIMPLEVIEW LLC 00529022 CI_16358 MONTHLY CHARGES DEC 2022 Deposit Funds. 741.67 Total for Payment No.: 741.67
Payment No: 709586
Payment Date Vendor Name
2023-01-27 SUSAN KIMBERLY ALLISON
Payment No: 709354
Payment Date Vendor Name
2023-01-20 ALL STAR GLASS
2023-01-20 ALL STAR GLASS
2023-01-20 ALL ST AR GLASS
2023-01-20 ALL STAR GLASS
Payment No: 709245
Payment Date
2023-01-13
2023-01-13
Vendor Name

SAN JOSE MAILING

SAN JOSE MAILING
Payment No: 709658
Payment Date
2023-02-03
2023-02-03
Vendor Name

DUNN-EDWARDS CORP

DUNN-EDWARDS CORP
Payment No: 709241
Payment Date Vendor Name
2023-01-13
Voucher No.
00528747
Voucher No.
00528930
00528932
00528932
00528929
Voucher No.
00528512
00528512
Voucher No.
00529076
00529076
Voucher No.
0052853 1
Invoice No.
1978-122922
Invoice No.

ISJ081850
ISJ081896
ISJ081896
ISJ081709
Invoice No.
6188
6188
Invoice No.
2011188926
2011188926
Invoice No.
9066
Description Fund Code
CLIENT# 1978 SESS 8-11 General Fund
Total for Payment No_:

Description Fund Code
AUTOMOTIVE GLASS REPAIR AND Fleet Operation Fund
RE
AUTOMOTIVE GLASS REPAIR AND Fleet Operation Fund
RE
LABOR Fleet Operation Fund
AUTOMOTIVE GLASS REPAIR AND Fleet Operation Fund
RE
Total for Payment No.:

Description Fund Code
MAILING FOR SCDPP OPEN HOUSE General Fund
SCDPP OPEN HOUSE NOTICE General Fund
Total for Payment No.:

Description
3M MUL Tl-USE TAPE 48MM 3PK

PAINT CARE FEE
Total for Payment No_:

Description
Fund Code
General Fund
General Fund
Fund Code
General Advise Nov 30 2022 LEGAL General Fund
Amount Paid
740.00
740.00
Amount Paid
129.00
279.10
195.00
129.00
732.10
Amount Paid
604.27
104.61
708.88
Amount Paid
686.51

4.98 691.49
Amount Paid
690.00
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid Total for Payment No.: 690.00
Payment No: 709415
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 ROYAL BRASS INC 00528281 999792-001 PARTS-V2785 Fleet Operation Fund 58.95 2023-01-20 ROYAL BRASS INC 00528282 A00739-001 PARTS-STOCK Fleet Operation Fund 586.28 2023-01-20 ROYAL BRASS INC 00528789 993169-001 PARTS General Fund 35.15 Total for Payment No.: 680.38
Payment No: 025239
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 MARTHA MARTINEZ 00528469 32826JAN2023 Reimb. Council Dinner 11/1/22 General Fund 409.39 2023-01-13 MARTHA MARTINEZ 00528201 32826DEC2022 REIMBURSEMENTS NOV/DEC 22 General Fund 270.98 Total for Payment No.: 680.37
Payment No: 709585
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 SUNNYVALE FORD 00528850 214623 PARTS-STOCK Fleet Operation Fund 677.49 Total for Payment No.: 677.49
Payment No: 025366
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 KNORR SYSTEMS INC 00528225 SI244473 SENIOR CENTER - PHENOL RED TES
General Fund 668.09
Total for Payment No.: 668.09
Payment No: 709691
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 NOR-CAL OVERHEAD INC 00529772 28029478 PD GATE NOT OPENING General Fund 330.00 Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 NOR-CAL OVERHEAD INC 00529775 27991462 TASMAN General Fund 330.00 Total for Payment No.: 660.00
Payment No: 025274
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 CINTAS FIRE PROTECTION #F44 00528085 0F44788812 service fees General Fund 283.36 2023-01-20 CINTAS FIRE PROTECTION #F44 00528085 0F44788812 TAXABLE General Fund 226.39 2023-01-20 CINTAS FIRE PROTECTION #F44 00528391 0F44789319 INSPECTION NON TAXABLE General Fund 40.48 2023-01-20 CINTAS FIRE PROTECTION #F44 00528391 0F44789319 services at PD General Fund 104.91 Total for Payment No.: 655.14
Payment No: 709391
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 INDUSTRIAL SCIENTIFIC CORP 00528795 2594733 MONTHLY INET USAGE FEE W/AUTO
Sewer Utility 651.60
Total for Payment No.: 651.60
Payment No: 709449
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 DEPT OF COMMUNITY

SVCS&DEVELOP
00529291 18545-12 UTILITY
REFUND
UTILITY REFUND General Fund 224.47
2023-01-27 DEPT OF COMMUNITY

SVCS&DEVELOP
00529292 19550-10 UTILITY
REFUND
UTILITY REFUND General Fund 296.50
2023-01-27 DEPT OF COMMUNITY

SVCS&DEVELOP
00529293 48161-05 UTILITY
REFUND
UTILITY REFUND General Fund 124.82
Total for Payment No.: 645.79
Payment No: 709670
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 H&E EQUIPMENT SERVICES, INC 00529269 96998751 LABOR-V3191 WO134397 Fleet Operation Fund 307.56 Payment Date Vendor Name Voucher No.
2023-02-03 H&E EQUIPMENT SERVICES , INC 00529269
Payment No: 709515
Payment Date Vendor Name Voucher No.
2023-01-27 CORODATA RECORDS 00529 155

MANAGEMENT, INC
2023-01-27 CORODATA RECORDS 00529 156

MANAGEMENT , INC
Payment No: 709200
Payment Date Vendor Name Voucher No.
2023-01-13 HOME DEPOT USA 00527656
2023-01-13 HOME DEPOT USA 00528 139
Payment No: 025471
Payment Date Vendor Name Voucher No.
2023-02-03 00529864
Payment No: 709638
Payment Date Vendor Name Voucher No.
2023-02-03
2023-02-03
ASSA ABLOY ENTRANCE SYSTEMS 00529 177
ASSA ABLOY ENTRANCE SYSTEMS 00529 177
Invoice No.
9699875 1
Invoice No.

RS4863551
RS3456874
Invoice No.
721670594
724438437
Invoice No.
240539
Invoice No.

SEI 1590880
SEI 1590880
Description
PARTS
Total for Payment No.:

Description

SD OFFSITE RECORDS MGMT
DEC22
OFFSITE RECORDS MGMT DEC22
Total for Payment No.:

Description

APPEAL GEN PURP FOAM HAND
SOAP

URINAL MAT DSPBL FRSH BLAST
Total for Payment No.:

Description
KYLLI DEVELOPMENT 12/20/22

LEGALSVS
Total for Payment No.:

Description

LABOR - OLD COURTHOUSE

MATERIALS
Total for Payment No.:

Fund Code
Fleet Operation Fund
Fund Code
General Fund
General Fund
Fund Code
General Fund
General Fund
Fund Code
Planning Div-Prefund
PlanRview
Fund Code
General Fund
General Fund
Amount Paid
337.25
644.81
Amount Paid

52.50 590.84
643.34
Amount Paid
455.79
180.91
636.70
Amount Paid
636.50
636.50
Amount Paid
581.75

53.47 635.22
Payment No: 709430
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 STERICYCLE INC 00528078 8003031486 monthly shredding General Fund 626.56 Total for Payment No.: 626.56
Payment No: 709421
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 SANTA CLARA YOUTH SOCCER 00528937 7196DEC2022 PARKS DEPT REFUND General Fund 42.00 2023-01-20 SANTA CLARA YOUTH SOCCER 00528938 7196DEC2022A PARKS DEPT REFUND General Fund 93.24 2023-01-20 SANTA CLARA YOUTH SOCCER 00528939 7196DEC2022B PARKS DEPT REFUND General Fund 150.36 2023-01-20 SANTA CLARA YOUTH SOCCER 00528940 7196DEC2022C PARKS DEPT REFUND General Fund 329.00 Total for Payment No.: 614.60
Payment No: 709282
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 BRADLEY SMITH 00528957 12/11/22-12/24/22 Direct Deposit returned for cl Payroll Liability&ClearingAcct
614.58
Total for Payment No.: 614.58
Payment No: 709220
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 MUSSON THEATRICAL 00527653 00461914 Gaffer Tape Black General Fund 337.18 2023-01-13 MUSSON THEATRICAL 00527654 00461986 Rosco Holly Bell General Fund 30.55 2023-01-13 MUSSON THEATRICAL 00527889 00461801 Tree Lighting Equip. Rental General Fund 241.71 Total for Payment No.: 609.44
Payment No: 709380
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 EL RADIATOR DOCTOR 00528247 1875 RADIATOR RPR-V3121 WO134490 Fleet Operation Fund 600.00 Total for Payment No.: 600.00
Payment No: 709440
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 UNIQUE TOWING 00528291 00214792 TOWING-V3647 WO134087 Fleet Operation Fund 107.50 2023-01-20 UNIQUE TOWING 00528426 00217143 tow fees General Fund 486.94 Total for Payment No.: 594.44
Payment No: 709309
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 GDI GARAGE DOORS 00528655 18872-02 UTILITY
REFUND
UTILITY REFUND General Fund 591.97
Total for Payment No.: 591.97
Payment No: 003290
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-26 NAVIA BENEFIT SOLUTIONS, INC 00529852 35989JAN2023 DD:NAVIA COMMUTER BENEFIT FEB
Payroll
Liability&ClearingAcct
576.80
Total for Payment No.: 576.80
Payment No: 709426
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 SONSRAY MACHINERY LLC 00528284 PSO056517-1 PARTS-V2295 Fleet Operation Fund 576.09 Total for Payment No.: 576.09
Payment No: 709093
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 CINDY JUANDY 00528370 25145DEC2022 Reimb. toner and imaging unit General Fund 568.63 Total for Payment No.: 568.63
Payment No: 025446
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 MIDWEST TAPE LLC 00528989 503198223 1241 AD CD General Fund 31.46 Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 MIDWEST TAPE LLC 00528989 503198223 1241 AD DVD General Fund 385.70 2023-02-03 MIDWEST TAPE LLC 00528989 503198223 1233 AD DVD General Fund 89.14 2023-02-03 MIDWEST TAPE LLC 00528989 503198223 1235 AD DVD General Fund 59.42 Total for Payment No.: 565.72
Payment No: 709098
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 JAVAN RAD 00527765 38825DEC2022 REIMBURSE FOR TRAVEL TO CSC General Fund 565.15 Total for Payment No.: 565.15
Payment No: 709143
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 URSULA MUENZEL 00528333 71395-16 UTILITY
REFUND
UTILITY REFUND General Fund 555.00
Total for Payment No.: 555.00
Payment No: 709623
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 THANHVAN TRAN 00529790 PRCK#100872 REPLACE PRCK#100872 Payroll Liability&ClearingAcct
551.49
Total for Payment No.: 551.49
Payment No: 709429
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 STERICYCLE INC 00528075 3006292312 monthly fees General Fund 544.51 Total for Payment No.: 544.51
Payment No: 709456
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 SERGIO GARCIA 00529393 38136 LOCKSMITH TRAINING General Fund 542.00 Total for Payment No.: 542.00
Payment No: 709404
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 LYDIA ADKINS PSYCHOTHERAPY 00528065 0002 COUNSELING SESSION# 3-5 General Fund 540.00 Total for Payment No.: 540.00
Payment No: W23206
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 SANTA CLARA CONVENTION
CENTER
00529014 2461JAN2023 WT: CIP FUND REQ SIXTH DIMEN#2 SCCC Capital Improvement Fund
540.00
Total for Payment No.: 540.00
Payment No: 709216
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 MENDONSA, JOSEPH 00504740 19132-05 Utility Refund UTILITY REFUND General Fund 533.31 Total for Payment No.: 533.31
Payment No: 709562
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 NOR-CAL OVERHEAD INC 00529239 27220146 PD-GATE NOT CLOSING General Fund 525.00 Total for Payment No.: 525.00
Payment No: 709249
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 SHAW HR CONSULTING INC 00527764 006353 CONSULTING FEES General Fund 522.50 Total for Payment No.: 522.50
Payment No: 709137
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 SAMS PRINT SHOP INC 00528314 17721-11 UTILITY REFUND
UTILITY REFUND General Fund 516.43
Total for Payment No.: 516.43
Payment No: 025475
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 TIFCO INDUSTRIES 00529283 71826816 PARTS-SHOP Fleet Operation Fund 503.18 Total for Payment No.: 503.18
Payment No: 025451
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 NORTHERN SAFETY CO INC 00529396 905188926 SUPPLIES-STREET General Fund 467.75 2023-02-03 NORTHERN SAFETY CO INC 00529397 905192123 SUPPLIES-STREET General Fund 35.09 Total for Payment No.: 502.84
Payment No: 025206
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 BERLITZ LANGUAGES, INC 00527724 001-274-22-03565 BILINGUAL TESTING - FIVE EE'S General Fund 500.00 Total for Payment No.: 500.00
Payment No: 709219
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 MOUNTAIN VIEW GARDEN CENTER 00527550 111951 FIELDSTONE General Fund 496.52 Total for Payment No.: 496.52
Payment No: 025394
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 UNIVERSAL SITE SERVICES 00528731 22041231 SCCC Convention Cnt Maintenance Dis
235.05
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 UNIVERSAL SITE SERVICES 00528731 22041231 SCCC Convention Cnt Maintenance Dis
147.60
2023-01-27 UNIVERSAL SITE SERVICES 00528731 22041231 SCCC Convention Cnt Maintenance Dis
108.68
Total for Payment No.: 491.33
Payment No: 709165
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 BOB MURRAY & ASSOCIATES 00528200 9898 REIMBURSABLE EXPENSES General Fund 487.87 Total for Payment No.: 487.87
Payment No: 025359
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 GREEN HALO SYSTEMS 00529457 4017 WASTETRACKING.COM MONTHLY FEES
Solid Waste Program 483.00
Total for Payment No.: 483.00
Payment No: 709576
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 SANTA CLARA LIGHTING 00528228 26264 20WA21/LED/HIG/5000K General Fund 467.38 Total for Payment No.: 467.38
Payment No: 709253
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 STERICYCLE INC 00527945 8002912492 CCO - RECORDS CENTER General Fund 26.79 2023-01-13 STERICYCLE INC 00527945 8002912492 FINANCE - MUNICIPAL SERVICES General Fund 53.57 2023-01-13 STERICYCLE INC 00527945 8002912492 FINANCE - ACCOUNTING &

PAYROLL
General Fund 53.57
2023-01-13 STERICYCLE INC 00527945 8002912492 HOUSING General Fund 26.79 2023-01-13 STERICYCLE INC 00527945 8002912492 HUMAN RESOURCES General Fund 26.79 Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 STERICYCLE INC 00527945 8002912492 CITY ATTORNEY'S OFFICE General Fund 26.79 2023-01-13 STERICYCLE INC 00527945 8002912492 INFORMATION TECHNOLOGY Information Technology Service

53.56 Total for Payment No.: 267.86
Payment No: 709203
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 IMPERIAL SPRINKLER SUPPLY 00527655 0008935188-001 SCH40 PVC 90 ELBOW SLIP 406-02 General Fund 244.15 2023-01-13 IMPERIAL SPRINKLER SUPPLY 00527663 0008960587-001 3M DBRY-6 BULK BOX OF 100 600V General Fund 62.12 2023-01-13 IMPERIAL SPRINKLER SUPPLY 00527669 0009012715-001 SLIP FIX 2-1/2" SXSP General Fund 152.98 2023-01-13 IMPERIAL SPRINKLER SUPPLY 00528107 0009098215-001 PVC BALL VALVE SLIP X SLIP General Fund 3.48 Total for Payment No.: 462.73
Payment No: 709597
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 TURF STAR INC 00528422 7243633-00 BEDKNIFE-TOURNAMENT GREENS General Fund 460.78 Total for Payment No.: 460.78
Payment No: 709445
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 ALICE CHEN 00528935 38911JAN2023 ICC Exams and Certification Building New Dvlpmnt Srvc Fee
459.00
Total for Payment No.: 459.00
Payment No: 709533
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 FIX AIR 00528707 3104123 AC Unit Parts Cemetery 457.92 Total for Payment No.: 457.92
Payment No: 709506
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 ASSA ABLOY ENTRANCE SYSTEMS 00528698 SEI 1583494 SUPPLIES & HARDWARE General Fund 53.47 2023-01-27 ASSA ABLOY ENTRANCE SYSTEMS 00528698 SEI 1583494 SERVICE CALL General Fund 402.75 Total for Payment No.: 456.22
Payment No: 709271
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 VERIZON WIRELESS 00528061 9923696102 FIRE CRR WIRELESS General Fund 450.84 Total for Payment No.: 450.84
Payment No: 709133
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 MOHIT BHASIN 00528309 10987-07 UTILITY
REFUND
UTILITY REFUND General Fund 445.31
Total for Payment No.: 445.31
Payment No: 709100
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 KEITH BUSMIRE 00528409 33175DEC2022 Travel CNOA Conference General Fund 443.36 Total for Payment No.: 443.36
Payment No: 709208
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 KONE INC 00527811 1158451306 TASMAN General Fund 427.64 Total for Payment No.: 427.64
Payment No: 025485
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 WESTYN HERSCOVITCH 00529844 32436JAN2023 2D Course In-Service Training General Fund 415.00 Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid Total for Payment No.: 415.00
Payment No: 709105
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 PHILIP ADAME 00528418 10094DEC2022 CO OFFICER 2D COURSE General Fund 415.00 Total for Payment No.: 415.00
Payment No: 709607
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 WEST COAST ARBORISTS INC 00528851 194013 PRUNING-NOV16-30 4-MAN HRS Streets And Highways 411.60 Total for Payment No.: 411.60
Payment No: 709157
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 ASSA ABLOY ENTRANCE SYSTEMS 00527808 SEI 1582464 1675 LINCOLN DOOR REPAIR General Fund 358.00 2023-01-13 ASSA ABLOY ENTRANCE SYSTEMS 00527808 SEI 1582464 1675 LINCOLN DOOR SUPPLIES General Fund 53.47 Total for Payment No.: 411.47
Payment No: 709118
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 BRIAN VIEIRA 00528321 36820-11 UTILITY
REFUND
UTILITY REFUND General Fund 407.83
Total for Payment No.: 407.83
Payment No: 709683
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 LAW ENFORCEMENT

PSYCHOLOGICAL
00529210 1579DEC2022 per diem officer stadium test General Fund 400.00 Total for Payment No.: 400.00
Payment No: 709095
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 CUONG PHAN 00528408 18437DEC2022 Executve Dvelopment Course WK1 General Fund 389.95 Total for Payment No.: 389.95
Payment No: 709522
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 DKS ASSOC 00529476 0083827 ADDITIONAL SERVICES Streets And Highways 382.50 Total for Payment No.: 382.50
Payment No: 709115
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 WICHT, ZACHARY 00528518 32659DEC2022 Travel CNOA Conference General Fund 379.50 Total for Payment No.: 379.50
Payment No: 709448
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 CUONG PHAN 00529332 18437DEC2022A EXEC DEVELOP COURSE WK2 General Fund 379.50 Total for Payment No.: 379.50
Payment No: 709239
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 REGENTS OF THE UNIV OF CALIF 00528299 11095890 LEGAL REFERENCES 12/8/22 General Fund 377.79 Total for Payment No.: 377.79
Payment No: 025195
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 INTL FIREFIGHTERS LOCAL 1171 00528607 11/27/22-01/07/23 RETIRD FIRE MED BENEFITS B2301 Payroll Liability&ClearingAcct
375.00
Total for Payment No.: 375.00
Payment No: 709566
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 PETERSON TRACTOR CO 00528847 SW080070823 LABOR-V3607 WO133056 Fleet Operation Fund 373.50 Total for Payment No.: 373.50
Payment No: 025432
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 HI-TECH EMERGENCY VEHICLE

SERVICE INC
00529270 174974 PARTS-V3218 Fleet Operation Fund 372.25 Total for Payment No.: 372.25
Payment No: 709744
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 WESTERN TRUCK FAB 00529285 24944 PARTS-V3276 Fleet Operation Fund 311.66 2023-02-03 WESTERN TRUCK FAB 00529285 24944 SHIPPING Fleet Operation Fund 55.60 Total for Payment No.: 367.26
Payment No: 709721
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 STATE WATER RESOURCES

CONTROL
00529517 WD-0226509 ANNUAL PERMIT WESTSIDE
STORM
Storm Drain 365.00
Total for Payment No.: 365.00
Payment No: 709298
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 CFB EVENTS 00528654 18063-06 UTILITY
REFUND
UTILITY REFUND General Fund 364.19
Total for Payment No.: 364.19
Payment No: 709110
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 SAMUEL MICELI 00528355 30269NOV2022 EXTRADITION General Fund 359.97 Total for Payment No.: 359.97
Payment No: 709583
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 STERICYCLE INC 00528620 8003105535 CCO - RECORDS CENTER General Fund 35.84 2023-01-27 STERICYCLE INC 00528620 8003105535 FINANCE - MUNICIPAL SERVICES General Fund 71.68 2023-01-27 STERICYCLE INC 00528620 8003105535 CITY ATTORNEY'S OFFICE General Fund 35.84 2023-01-27 STERICYCLE INC 00528620 8003105535 FINANCE - ACCOUNTING &

PAYROLL
General Fund 71.68
2023-01-27 STERICYCLE INC 00528620 8003105535 HOUSING General Fund 35.84 2023-01-27 STERICYCLE INC 00528620 8003105535 HUMAN RESOURCES General Fund 35.84 2023-01-27 STERICYCLE INC 00528620 8003105535 INFORMATION TECHNOLOGY Information Technology Service

71.67 Total for Payment No.: 358.39
Payment No: 709092
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 CHEN, CAROLINE 00528347 31969NOV2022 CELLEBRITE COURSE General Fund 355.50 Total for Payment No.: 355.50
Payment No: 709632
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 VAN DERMYDEN MAKUS LAW

CORPORATION
00529486 23843 CONSULTING - INVESTIGATION General Fund 351.90 Total for Payment No.: 351.90
Payment No: 709673
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 HOME DEPOT USA 00529146 723009072 JANITORIAL SUPPLIES Fleet Operation Fund 145.90 2023-02-03 HOME DEPOT USA 00529145 724308960 JANITORIAL SUPPLIES General Fund 204.81 Total for Payment No.: 350.71
Payment No: 025238
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 LISA SCHOENTHAL 00527632 27663DEC2022 EMPG GRANT Fire Operating Grant Fund
106.19
2023-01-13 LISA SCHOENTHAL 00527632 27663DEC2022 Cont'd Education/Maintain Emer General Fund 240.30 Total for Payment No.: 346.49
Payment No: 709488
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 YONI SHTERNHELL 00529311 59942-06 UTILITY
REFUND
UTILITY REFUND General Fund 345.12
Total for Payment No.: 345.12
Payment No: 709397
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 KALE, AKSHAY 00520984 67832-06 Utility Refund UTILITY REFUND General Fund 329.71 Total for Payment No.: 329.71
Payment No: 709176
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 CITY OF SAN JOSE 00527942 21066145 2022 DEC WATER METER CHARGE Water Utility 324.28 Total for Payment No.: 324.28
Payment No: 709432
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 SUNNYVALE FORD 00528287 213937 PARTS-V3475 Fleet Operation Fund 137.85 2023-01-20 SUNNYVALE FORD 00528286 213417 PARTS-STOCK Fleet Operation Fund 180.32 Total for Payment No.: 318.17
Payment No: 709402
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 LC ACTION POLICE SUPPLY 00528389 447597 range supplies General Fund 316.46 Total for Payment No.: 316.46
Payment No: 709368
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 CPS HR CONSULTING 00528953 0008284 Consultng Svc 2022 10/30-11/26 Deposit Funds. 312.50 Total for Payment No.: 312.50
Payment No: 025431
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 00529866 1338289 LEGAL SERVICES - CHANGE
ORDER
Special Liability
Insurance
308.25
Total for Payment No.: 308.25
Payment No: 709227
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 PACIFIC COAST FLAG 00527874 28577 4X6 US Flag General Fund 166.95 2023-01-13 PACIFIC COAST FLAG 00527874 28577 4x6 California Flag General Fund 139.12 Total for Payment No.: 306.07
Payment No: 025401
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 AIR FILTER SUPPLY INC 00529178 I586598 SUPPLIES General Fund 303.45

Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid Total for Payment No.: 303.45
Payment No: 025291
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 LEHR 00528270 SI82341 PARTS-V3575 Vehicle Replacement Fund
290.55
2023-01-20 LEHR 00528270 SI82341 SHIPPING CHARGE Vehicle Replacement Fund

11.28 Total for Payment No.: 301.83
Payment No: 025319
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 UNIVERSAL SITE SERVICES 00528292 22045160 PKG LOT SWPNG TASMAN GRGE General Fund 300.00 Total for Payment No.: 300.00
Payment No: 709103
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 PATRICIA BOWERS 00528222 28933DEC2022 Travel: SLI Session 7 of 8 General Fund 298.44 Total for Payment No.: 298.44
Payment No: 025345
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 CLUB CARE INC 00528440 117011 MONTHLY MAINTENANCE

DECEMBER
General Fund 297.50
Total for Payment No.: 297.50
Payment No: 709383
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 FLEETPRIDE, INC. 00528248 104549139 PARTS-STOCK Fleet Operation Fund 290.80 Total for Payment No.: 290.80
Payment No: 025360
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 HI-TECH EMERGENCY VEHICLE

SERVICE INC
00528843 174878 PARTS-V3121 Fleet Operation Fund 267.88 2023-01-27 HI-TECH EMERGENCY VEHICLE

SERVICE INC
00528843 174878 SHIPPING/HANDLING FROP Fleet Operation Fund 21.25 Total for Payment No.: 289.13
Payment No: 709169
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 CA DEPT OF TOXIC SUBSTANCE
CNTRL
00528070 22SM3054 Grant &Reed 7/2022 thru 9/2022 General Fund 288.76 Total for Payment No.: 288.76
Payment No: 709104
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 PHIL ORR 00528420 9007DEC2022 REIMBURSE DEC22 MCMP

ENTRANCE
Cemetery 285.93
Total for Payment No.: 285.93
Payment No: 709373
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 D&M TRAFFIC SERVICES 00529094 88444 PAINT, MARKING, PURPLE.

AERVOE
Water Utility 70.71
2023-01-20 D&M TRAFFIC SERVICES 00529094 88444 PAINT, MARKING, BLUE. AERVOE # Water Utility 212.14 Total for Payment No.: 282.85
Payment No: 709425
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 SMART CITY NETWORKS, L.P. 00528956 070-001-12-2022 IT Monthly Svc Fees Dec 2022 Deposit Funds. 278.00 Total for Payment No.: 278.00
Payment No: 709621
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 NICOLE VON RAESFELD 00529843 23426JAN2023 PEER SUPPORT CONFERENCE General Fund 275.97 Total for Payment No.: 275.97
Payment No: 709590
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 T-MOBILE USA INC 00528692 952059107 GPS Tower Dump 2212170028 General Fund 175.00 2023-01-27 T-MOBILE USA INC 00528693 9519307336 GPS Locate 2112210015 General Fund 100.00 Total for Payment No.: 275.00
Payment No: 709636
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 ANDREW MEROVICH 00529791 1189 Brick Tech General Fund 273.00 Total for Payment No.: 273.00
Payment No: 709274
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 VERIZON WIRELESS 00528064 9923704050 METER READERS WIRELESS General Fund 268.17 Total for Payment No.: 268.17
Payment No: 709279
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 ZANKER ROAD RESOURCE

MANAGEMENT, LTD
00527710 MARCH TKT 138425 ARBOR MUCH - PREVIOUS ERROR General Fund 109.38 2023-01-13 ZANKER ROAD RESOURCE

MANAGEMENT, LTD
00527712 APRIL TKT 141901 MAHAGONY MULCH - BILLED IN
ERR
General Fund 157.50
Total for Payment No.: 266.88
Payment No: 709453
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 LUKAS LERNER 00529336 29988JAN2023 REIMB CO OFFICER 2C COURSE General Fund 264.00 Total for Payment No.: 264.00
Payment No: 709746
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 YANG, VANESSA 00516711 36943APR2022 PARKS DEPT REFUND General Fund 263.00 Total for Payment No.: 263.00
Payment No: 709447
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 CAL PERS LONG TERM CARE

PROGRAM
00529491 14735885 BIWEEKLY PR CALPERS LT B2302 Payroll
Liability&ClearingAcct
262.23
Total for Payment No.: 262.23
Payment No: 709089
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 CAL PERS LONG TERM CARE

PROGRAM
00528602 14727992 BIWEEKLY PR CALPERS LT B2301 Payroll
Liability&ClearingAcct
262.23
Total for Payment No.: 262.23
Payment No: 709384
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 FRONTIER FORD 00528249 248615 PARTS Fleet Operation Fund 29.30 2023-01-20 FRONTIER FORD 00528250 248646 LABOR-V3516 WO134749 Fleet Operation Fund 50.48 2023-01-20 FRONTIER FORD 00528250 248646 PARTS Fleet Operation Fund 29.30 2023-01-20 FRONTIER FORD 00528251 248676 LABOR-V3528 WO134751 Fleet Operation Fund 50.48 2023-01-20 FRONTIER FORD 00528251 248676 PARTS Fleet Operation Fund 29.30 2023-01-20 FRONTIER FORD 00528249 248615 LABOR - V3207 WO134740 Fleet Operation Fund 73.10 Total for Payment No.: 261.96
Payment No: 709719
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 STANDARD PLUMBING SUPPLY CO 00529000 TJRW25 KING KOMBO 5FT 3 IN 1 LADDER General Fund 261.88 Total for Payment No.: 261.88
Payment No: 709134
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 OLIVIA MUSIL 00528317 25169-02 UTILITY
REFUND
UTILITY REFUND General Fund 259.13
Total for Payment No.: 259.13
Payment No: 709676
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 IMPERIAL SPRINKLER SUPPLY 00528995 0009209736-001 FLAGS ORANGE MARKING FLA;GS General Fund 15.40 2023-02-03 IMPERIAL SPRINKLER SUPPLY 00528990 0009197495-001 CORONA PROF COMP ACTION TREE P
General Fund 171.13
2023-02-03 IMPERIAL SPRINKLER SUPPLY 00528996 0009214266-001 TREETIE 1/2" x 150' 8MIL;GARDE General Fund 72.37 Total for Payment No.: 258.90
Payment No: 709524
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 EAGLE SIGNS AND DESIGNS LLC 00528766 4013 NAME BADGES - RECRUIT FF General Fund 223.13 2023-01-27 EAGLE SIGNS AND DESIGNS LLC 00528706 2949 VIET NGUYEN SIGN General Fund 22.92 Total for Payment No.: 246.05
Payment No: 709136
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 PPG INDUSTRIES SITE #419 00528313 16416-02 UTILITY REFUND
UTILITY REFUND General Fund 241.94
Total for Payment No.: 241.94
Payment No: 709102
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 METLIFE INDIVIDUAL LONG TERM 00528617 19647956JAN2023 BIWEEKLY PR METLIFE LT B2301 Payroll Liability&ClearingAcct
241.19
Total for Payment No.: 241.19
Payment No: 709512
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 BRANDON REDIC 00529331 38679JAN2023 REIMB FY22/23 RAINGEAR General Fund 240.00 Total for Payment No.: 240.00
Payment No: 709694
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 OIL CHANGER 00529275 DEC 2022 CAR WASH SERVICE- DEC 2022 CAR WASH Fleet Operation Fund 84.00 2023-02-03 OIL CHANGER 00529287 NOV 2022 CAR WASH SERVICE-NOV2022 CAR WASJ Fleet Operation Fund 156.00 Total for Payment No.: 240.00
Payment No: 709479
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 SEAN MARTENSEN 00529304 37583-13 UTILITY
REFUND
UTILITY REFUND General Fund 239.15
Total for Payment No.: 239.15
Payment No: 709108
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 ROBERT SILVA 00527951 38672DEC2022 FY2223 BOOT RMBRSMNT-UNIT 7 General Fund 237.00 Total for Payment No.: 237.00
Payment No: 709272
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 VERIZON WIRELESS 00528062 9923712092 FIRE EMS WIRELESS General Fund 230.46 Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid Total for Payment No.: 230.46
Payment No: 709364
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 BRINK'S INCORPORATED 00528474 12164655 ARMORED COURIER SERVICE General Fund 229.83 Total for Payment No.: 229.83
Payment No: 709563
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 OIL CHANGER 00528846 OCT 2022 CAR WASH SERVICE-CT 2022 CAR WASH Fleet Operation Fund 228.00 Total for Payment No.: 228.00
Payment No: 709155
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 AMAZON CAPITAL SERVICES, INC. 00528140 1MRM-VDY3-JQ9C 1241 AD VG General Fund 81.82 2023-01-13 AMAZON CAPITAL SERVICES, INC. 00528141 17MF-CR96-JN1Y 1235 JUV VG General Fund 38.18 2023-01-13 AMAZON CAPITAL SERVICES, INC. 00528142 1GG1-XCFQ-K3JG SUPPLIES General Fund 6.53 2023-01-13 AMAZON CAPITAL SERVICES, INC. 00528143 17MF-CR96-KF6W 1241 AD BK General Fund 22.92 2023-01-13 AMAZON CAPITAL SERVICES, INC. 00528144 1G3N-VYTV-L4P9 1241 AD BK General Fund 78.31 Total for Payment No.: 227.76
Payment No: 025334
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 AIRGAS USA, LLC 00528745 9133654490 MEDICAL OXYGEN - ST 1 General Fund 175.33 2023-01-27 AIRGAS USA, LLC 00528746 9133846316 MEDICAL OXYGEN - ST 5 General Fund 52.35 Total for Payment No.: 227.68
Payment No: 709360
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 BAKER SUPPLIES AND REPAIRS 00528236 25456 PARTS-V3409 Fleet Operation Fund 168.72 2023-01-20 BAKER SUPPLIES AND REPAIRS 00528237 25497 PARTS-V3408 Fleet Operation Fund 58.41 Total for Payment No.: 227.13
Payment No: 709486
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 WARD, KRISTY 00529319 74840-01 UTILITY

REFUNDA
UTILITY REFUND General Fund 223.66
Total for Payment No.: 223.66
Payment No: 709722
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 STEEL & FENCE SUPPLY 00529176 130446 1 5/8"X21' SCHEDULE 40 PIPE General Fund 222.25 Total for Payment No.: 222.25
Payment No: 709296
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 ARIEL MARTINEZ 00528964 21475-11 UTILITY
REFUND
UTILITY REFUND General Fund 221.97
Total for Payment No.: 221.97
Payment No: 709648
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 CONCENTRA MEDICAL CENTERS 00529154 77711874 WATER Water Utility 135.00 2023-02-03 CONCENTRA MEDICAL CENTERS 00529154 77711874 PRE EMPLOY PHYSICAL General Fund 85.00 Total for Payment No.: 220.00
Payment No: 709578
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 SCP DISTRIBUTORS LLC 00528749 36089073 ROLLER ASSY General Fund 219.84 Total for Payment No.: 219.84
Payment No: 025338
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 BAKER & TAYLOR BOOKS 00528991 2037153498 1233 AD BK General Fund 82.15 2023-01-27 BAKER & TAYLOR BOOKS 00528992 2037153499 1235 AD BK General Fund 136.70 Total for Payment No.: 218.85
Payment No: 709267
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 UNITED SITE SERVICES INC 00528120 INV-01269779 TAXABLE General Fund 32.76 2023-01-13 UNITED SITE SERVICES INC 00528120 INV-01269779 2 STN HAND SINK, ADA REST General Fund 185.00 Total for Payment No.: 217.76
Payment No: 709592
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 THE SOURCING GROUP, LLC 00529437 511441 Business Cards - Mayor Lisa Gi General Fund 70.93 2023-01-27 THE SOURCING GROUP, LLC 00528538 516768 NCIP PROM NOTE 2023 TRI-FOLD General Fund 146.16 Total for Payment No.: 217.09
Payment No: 709332
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 SEBEZ, ROBERT 00521383 38063-06 UTILITY
REFUND
UTILITY REFUND General Fund 217.08
Total for Payment No.: 217.08
Payment No: 709712
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 SAFETY-KLEEN SYSTEMS INC 00529279 90615668 SERVICE-HAZMAT Fleet Operation Fund 217.00 Total for Payment No.: 217.00
Payment No: 025308
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 STILES TRUCK & BODY EQUIP INC 00528285 68841 PARTS-V3145 Fleet Operation Fund 215.62 Total for Payment No.: 215.62
Payment No: 709301
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 DON RAPTIS 00528970 59407-05 UTILITY
REFUND
UTILITY REFUND General Fund 210.43
Total for Payment No.: 210.43
Payment No: 709132
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 MEDAYA TORRES 00528319 26583-07 UTILITY
REFUND
UTILITY REFUND General Fund 210.25
Total for Payment No.: 210.25
Payment No: 709130
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 MASAHIRO UEHARA 00528334 76412-05 UTILITY
REFUND
UTILITY REFUND General Fund 205.28
Total for Payment No.: 205.28
Payment No: 709355
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 ALLIED AUTO STORES 00528294 01DL4256 PARTS-STOCK Fleet Operation Fund 200.83 Total for Payment No.: 200.83
Payment No: 025476
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 00529867 84371 CHANGE ORDER #1: ADDITIONAL
FU
General Fund 200.00
Total for Payment No.: 200.00
Payment No: 709613
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 AJMAL PUYEHGAR 00529175 35982JAN2023 2022 BOOT RMBRSMNT - UNIT 4 General Fund 200.00 Total for Payment No.: 200.00
Payment No: 025290
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 KINOKUNIYA BOOKSTORES OF
AMERICA CO. LTD
00528353 SJ1960 1231 JUV BK General Fund 116.81
2023-01-20 KINOKUNIYA BOOKSTORES OF
AMERICA CO. LTD
00528351 SJ1959 1241 AD BK General Fund 80.64
Total for Payment No.: 197.45
Payment No: 709568
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 PINE CONE LUMBER CO 00528226 174692 4X8 CDX RED DSV General Fund 193.99 2023-01-27 PINE CONE LUMBER CO 00528226 174692 CA LUMBER TAX General Fund 1.80 Total for Payment No.: 195.79
Payment No: 709099
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 JENNIFER PANKO 00528516 12364DEC2022 REIMB. FOOD FOR EMS SECTION General Fund 195.69 Total for Payment No.: 195.69
Payment No: 709310

Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 GORHAM CHIROPRACTIC CLINIC 00528965 26013-04 UTILITY REFUND
UTILITY REFUND General Fund 193.63
Total for Payment No.: 193.63
Payment No: 709225
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 OH, SEUNGHYUN 00521390 23980-06 UTILITY
REFUND
UTILITY REFUND General Fund 187.20
Total for Payment No.: 187.20
Payment No: 709096
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 DANIEL KHAIRY 00528412 33206DEC2022 MONTEREY TECHNICAL TRAINING General Fund 185.00 Total for Payment No.: 185.00
Payment No: 709331
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 SASA WANG 00528665 38329-07 UTILITY
REFUND
UTILITY REFUND General Fund 183.98
Total for Payment No.: 183.98
Payment No: 709717
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 SCP DISTRIBUTORS LLC 00529152 36089429 100# POOL POWDERED

CONDITIONER
General Fund 183.93
Total for Payment No.: 183.93
Payment No: 709320
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 MARINA DUENAS 00528662 26064-11 UTILITY
REFUND
UTILITY REFUND General Fund 183.15
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid Total for Payment No.: 183.15
Payment No: 709303
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 EMIL FRATES 00528962 19661-03 UTILITY
REFUND
UTILITY REFUND General Fund 182.35
Total for Payment No.: 182.35
Payment No: 709711
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 ROYAL BRASS INC 00529276 A01517-001 PARTS-V0799 Fleet Operation Fund 75.92 2023-02-03 ROYAL BRASS INC 00529277 A01517-002 PARTS-V0788 Fleet Operation Fund 74.79 2023-02-03 ROYAL BRASS INC 00529278 A01713-001 PARTS- 3276 Fleet Operation Fund 31.14 Total for Payment No.: 181.85
Payment No: 709385
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 GOLDEN GATE TRUCK CENTER 00528253 FA005167814:01 PARTS-V2938 Fleet Operation Fund 177.16 Total for Payment No.: 177.16
Payment No: 709144
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 ZAHRA ELMENJAOUI 00528331 67666-08 UTILITY
REFUND
UTILITY REFUND General Fund 170.15
Total for Payment No.: 170.15
Payment No: 709618
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 KRAIG KIYOSHI NAKAMURA 00529842 25079JAN2023 Reimb. FY22-23 Safety Boots General Fund 169.54 Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid Total for Payment No.: 169.54
Payment No: 709135
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 PANDEZ, LORENA 00528322 37917-12 UTILITY
REFUND
UTILITY REFUND General Fund 167.58
Total for Payment No.: 167.58
Payment No: 709739
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 ULINE 00529284 158315191 SUPPLIES-STREET General Fund 167.16 Total for Payment No.: 167.16
Payment No: 025305
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 SCOTT'S PPE RECON INC 00528066 38296 TURNOUT REPAIR 10/22-12/22 NT Fire Department 150.00 2023-01-20 SCOTT'S PPE RECON INC 00528066 38296 TURNOUT REPAR 10/22-12/22 TAX Fire Department 10.91 Total for Payment No.: 160.91
Payment No: 709091
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 CHASE LEVASSEUR 00527937 33382DEC2022 RMBRSMNT APWA WRKSHP 101922
General Fund 160.00
Total for Payment No.: 160.00
Payment No: 025339
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 BOUND TREE MEDICAL LLC 00528742 84814011 MEDICAL SUPPLIES General Fund 143.82 2023-01-27 BOUND TREE MEDICAL LLC 00528743 84819064 MEDICATION - NON TAXED General Fund 15.42 Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid Total for Payment No.: 159.24
Payment No: 709478
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 SANDY ADAMS PROPERTY MGMT 00529305 42212-05 UTILITY REFUND
UTILITY REFUND General Fund 158.41
Total for Payment No.: 158.41
Payment No: 709552
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 KINGSLEY D D CHEN 00529289 00074446-01 UTILITY

REFUNDA
UTILITY REFUND General Fund 156.38
Total for Payment No.: 156.38
Payment No: 025288
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 JAVELCO EQUIPMENT SVC INC 00528266 60055 PARTS-V2785 Fleet Operation Fund 155.64 Total for Payment No.: 155.64
Payment No: 709344
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 YUANYUAN BING 00528674 55977-03 UTILITY
REFUND
UTILITY REFUND General Fund 153.40
Total for Payment No.: 153.40
Payment No: 709121
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 DANIEL BEYERS 00528332 70918-14 UTILITY
REFUND
UTILITY REFUND General Fund 153.03
Total for Payment No.: 153.03
Payment No: 709128
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 KOSUKE SAITO 00528335 76597-04 UTILITY
REFUND
UTILITY REFUND General Fund 150.30
Total for Payment No.: 150.30
Payment No: 709493
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 CA FRANCHISE TAX BOARD 00529497 01/08/23-01/21/23JO WAGE ATTACHMENT B2302 Payroll Liability&ClearingAcct
150.00
Total for Payment No.: 150.00
Payment No: 709146
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 CA FRANCHISE TAX BOARD 00528611 12/25/22-01/07/23JO WAGE ATTACHMENT B2301 Payroll Liability&ClearingAcct
150.00
Total for Payment No.: 150.00
Payment No: 709126
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 JING LIU 00528327 56295-24 UTILITY
REFUND
UTILITY REFUND General Fund 149.81
Total for Payment No.: 149.81
Payment No: 709322
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 NILSENE BUILDER INC 00528660 25293-02 UTILITY REFUND
UTILITY REFUND General Fund 146.71
Total for Payment No.: 146.71
Payment No: 709487
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 WILFRED VARES 00529302 29306-01 UTILITY
REFUND
UTILITY REFUND General Fund 144.43
Total for Payment No.: 144.43
Payment No: 709477
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 ROSALIE GARDELLA 00529296 18334-08 UTILITY
REFUND
UTILITY REFUND General Fund 143.84
Total for Payment No.: 143.84
Payment No: 709681
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 KELLY-MOORE PAINT CO 00529071 817-00000448925 PURDY XL-GLIDE 2.5" General Fund 141.74 Total for Payment No.: 141.74
Payment No: 709491
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 YUYA TANATA 00529322 76539-04 UTILITY
REFUND
UTILITY REFUND General Fund 141.57
Total for Payment No.: 141.57
Payment No: 709476
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 ROBERT W PRYOR 00529307 49014-01 UTILITY
REFUND
UTILITY REFUND General Fund 139.09
Total for Payment No.: 139.09
Payment No: 709441
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 UNITED PARCEL SERVICE 00528809 00009882E5522A DELIVERY CHARGES Water Utility 31.76 Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 UNITED PARCEL SERVICE 00528805 00009882E5532 DELIVERY CHARGES General Fund 18.15 2023-01-20 UNITED PARCEL SERVICE 00528807 00009882E5502A DELIVERY CHARGES General Fund 17.65 2023-01-20 UNITED PARCEL SERVICE 00528809 00009882E5522A DELIVERY CHARGES General Fund 15.50 2023-01-20 UNITED PARCEL SERVICE 00528809 00009882E5522A DELIVERY CHARGES General Fund 12.34 2023-01-20 UNITED PARCEL SERVICE 00528811 00009882E5512A DELIVERY CHARGES General Fund 24.64 2023-01-20 UNITED PARCEL SERVICE 00528811 00009882E5512A DELIVERY CHARGES General Fund 17.65 Total for Payment No.: 137.69
Payment No: 709283
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 BRIAN CARLSON 00529072 12753JAN2023 REIMB. SAFETY BOOTS FY 22-23 General Fund 136.39 Total for Payment No.: 136.39
Payment No: 709240
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 RELATIONSHIP THERAPY CENTER 00527880 43673 COUNSELING SESSION 12/20/2022 General Fund 135.00 Total for Payment No.: 135.00
Payment No: 709580
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 SHREDLOGIX INC 00529251 0016515 SHREDDING SERVICES 2/1/2022-1/ General Fund 135.00 Total for Payment No.: 135.00
Payment No: 709341
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 VASQUEZ, ANA 00528685 79660-04 UTILITY
REFUND
UTILITY REFUND General Fund 133.60
Total for Payment No.: 133.60
Payment No: 709434
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 THE SOURCING GROUP, LLC 00528069 514550 BUS CARDS - RECRUITING General Fund 133.04 Total for Payment No.: 133.04
Payment No: 709485
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 VIKTOR LEWIN 00529297 20013-17 UTILITY
REFUND
UTILITY REFUND General Fund 132.04
Total for Payment No.: 132.04
Payment No: 709306
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 EUNYOUNG KIM 00528667 43434-11 UTILITY
REFUND
UTILITY REFUND General Fund 131.88
Total for Payment No.: 131.88
Payment No: 709462
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 CHIEN-CHUN NI 00529316 67174-08 UTILITY
REFUND
UTILITY REFUND General Fund 130.52
Total for Payment No.: 130.52
Payment No: 709386
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 HEALTH & HOPE COUNSELING 00527391 000148 BEH HEALTH COUNSEL 4/19/22 General Fund 130.00 Total for Payment No.: 130.00
Payment No: 709307
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 FABIEL DEBASTOS 00521010 75676-09 Utility Refund UTILITY REFUND General Fund 129.94 Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid Total for Payment No.: 129.94
Payment No: 709647
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 CLEARSTAR, INC. 00529151 1421987 ONE EXECUTIVE HIRE General Fund 127.86 Total for Payment No.: 127.86
Payment No: 709116
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 BONNIE EMERT 00528326 54816-11 UTILITY
REFUND
UTILITY REFUND General Fund 126.03
Total for Payment No.: 126.03
Payment No: 709127
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 JULIETA VASQUEZ 00528315 23520-08 UTILITY
REFUND
UTILITY REFUND General Fund 125.58
Total for Payment No.: 125.58
Payment No: 709138
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 SHENGJIA YU 00528324 47299-24 UTILITY
REFUND
UTILITY REFUND General Fund 124.44
Total for Payment No.: 124.44
Payment No: 709323
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 PENGFEI QIAO 00528653 14375-26 UTILITY
REFUND
UTILITY REFUND General Fund 124.22
Total for Payment No.: 124.22
Payment No: 709315
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 JUAN J TORRES 00528658 21033-08 UTILITY
REFUND
UTILITY REFUND General Fund 123.81
Total for Payment No.: 123.81
Payment No: 709561
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 MUNICIPAL MAINTENANCE

EQUIPMNT
00528845 004154 PARTS-V3413 Fleet Operation Fund 122.59 Total for Payment No.: 122.59
Payment No: 709469
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 JOEY INCAN 00529317 70626-14 UTILITY
REFUND
UTILITY REFUND General Fund 121.83
Total for Payment No.: 121.83
Payment No: 709346
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 YUYANG ZHENG 00528682 75672-11 UTILITY
REFUND
UTILITY REFUND General Fund 120.35
Total for Payment No.: 120.35
Payment No: 025403
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 ALL GUARD ALARM SYSTEMS INC 00529001 A759014 MRTC RADIO CONNECT JAN 2023 Storm Drain 60.00 2023-02-03 ALL GUARD ALARM SYSTEMS INC 00529474 A759080 MRTC RADIO CONNECT FEB2023 Storm Drain 60.00 Total for Payment No.: 120.00
Payment No: 709109
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 ROBERT STIBBARD 00528415 7281DEC2022 REIMB WALKING SHOES FY22/23 General Fund 120.00 Total for Payment No.: 120.00
Payment No: 709291
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 ROBERT SILVA 00528479 38672JAN2023 FY2223 RAINGEAR RMBRSMNT UNIT7
General Fund 120.00
Total for Payment No.: 120.00
Payment No: 709131
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 MASASHIGE NAGOSHI 00528336 77751-04 UTILITY
REFUND
UTILITY REFUND General Fund 119.63
Total for Payment No.: 119.63
Payment No: 709348
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 CA DEPT OF TOXIC SUBSTANCE
CNTRL
00528477 22SM2048 SC POLICE STATION JUL-SEP 2022 Public Buildings 117.81 Total for Payment No.: 117.81
Payment No: 709349
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 CA DEPT OF TOXIC SUBSTANCE
CNTRL
00528478 22SM2061 SC GATEWAY JUL-SEP 2022 Public Buildings 117.81 Total for Payment No.: 117.81
Payment No: 709316
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 KANTA MORIGANI 00528679 72045-26 UTILITY
REFUND
UTILITY REFUND General Fund 117.57
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid Total for Payment No.: 117.57
Payment No: 709483
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 TATSUYA TATSUZUKI 00529325 78771-06 UTILITY
REFUND
UTILITY REFUND General Fund 117.03
Total for Payment No.: 117.03
Payment No: 709319
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 MAKOTO YAMASHITA 00528680 72520-10 UTILITY
REFUND
UTILITY REFUND General Fund 116.01
Total for Payment No.: 116.01
Payment No: 709336
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 SONG YUE QI 00528687 81466-02 UTILITY
REFUND
UTILITY REFUND General Fund 114.32
Total for Payment No.: 114.32
Payment No: 709378
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 EAGLE SIGNS AND DESIGNS LLC 00528080 2635 office sign General Fund 113.52 Total for Payment No.: 113.52
Payment No: 709480
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 SHOTA MURASE 00529320 75395-09 UTILITY
REFUND
UTILITY REFUND General Fund 113.13
Total for Payment No.: 113.13
Payment No: 025393
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 UNITED REFRIGERATION INC 00528725 88406206-00 SUPPLIES General Fund 61.22 2023-01-27 UNITED REFRIGERATION INC 00528726 88193418-00 AC General Fund 51.13 Total for Payment No.: 112.35
Payment No: 709614
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 AMNA STETA 00529789 PRCK#100119 REPLACE PRCK#100119 Payroll Liability&ClearingAcct

59.72 2023-02-03 AMNA STETA 00529788 PRCK#100052 REPLACE PRCK#100052 Payroll Liability&ClearingAcct

52.26 Total for Payment No.: 111.98
Payment No: 709474
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 OMNIYIG INC 00529295 17474-01 UTILITY
REFUND
UTILITY REFUND General Fund 111.73
Total for Payment No.: 111.73
Payment No: 709124
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 HYUN SOK MOON 00528312 15438-12 UTILITY
REFUND
UTILITY REFUND General Fund 111.35
Total for Payment No.: 111.35
Payment No: 709314
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 JACINTO TORRES CRUZ 00528663 31985-12 UTILITY REFUND
UTILITY REFUND General Fund 110.52
Total for Payment No.: 110.52
Payment No: 025351
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 EBSCO INFORMATION SERVICES 00528993 2301150 1233 AD PR General Fund 109.60 Total for Payment No.: 109.60
Payment No: 709407
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 MISSION VALLEY FORD TRUCK 00528275 283026 LABOR-V3513 WO134743 Fleet Operation Fund 65.98 2023-01-20 MISSION VALLEY FORD TRUCK 00528275 283026 PARTS Fleet Operation Fund 39.66 Total for Payment No.: 105.64
Payment No: 709428
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 STARRZ DANCE 00528808 SC005 Dance General Fund 105.00 Total for Payment No.: 105.00
Payment No: 709437
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 TURF & INDUSTRIAL EQUIPMENT
CO
00528290 IV44875 PARTS-V3224 Fleet Operation Fund 103.31 Total for Payment No.: 103.31
Payment No: 709145
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 ZVEREV, SERGEY 00528320 31745-24 UTILITY
REFUND
UTILITY REFUND General Fund 101.00
Total for Payment No.: 101.00
Payment No: 709313
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 HYUNTAK IM 00528975 78716-06 UTILITY UTILITY REFUND General Fund 100.10 Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid REFUND
Total for Payment No.: 100.10
Payment No: 709329
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 RYAN LUNDELL 00528961 19358-04 UTILITY
REFUND
UTILITY REFUND General Fund 100.09
Total for Payment No.: 100.09
Payment No: 709494
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 CA FRANCHISE TAX BOARD 00529500 01/08/23-01/21/23JR WAGE ATTACHMENT B2302 Payroll Liability&ClearingAcct
100.00
Total for Payment No.: 100.00
Payment No: 709147
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 CA FRANCHISE TAX BOARD 00528612 12/25/22-01/07/23JR WAGE ATTACHMENT B2301 Payroll Liability&ClearingAcct
100.00
Total for Payment No.: 100.00
Payment No: 025214
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 CINTAS CORP #630 00527809 4140771008 UNIFORMS General Fund 99.18 Total for Payment No.: 99.18
Payment No: 709327
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 RAMSEY NISSAN 00528664 34842-14 UTILITY
REFUND
UTILITY REFUND General Fund 99.04
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid Total for Payment No.: 99.04
Payment No: 709626
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 ZORAYA GARAY 00529922 21819JAN2023 Office Kitchen Microwave Cemetery 98.20 Total for Payment No.: 98.20
Payment No: 709299
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 DANIEL CHANDLER 00528675 57829-18 UTILITY
REFUND
UTILITY REFUND General Fund 96.89
Total for Payment No.: 96.89
Payment No: 709353
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 ALHAMBRA & SIERRA SPRINGS 00528293 4973747 122322 WATER SRVC-DECEMBER 2022 Fleet Operation Fund 96.46 Total for Payment No.: 96.46
Payment No: 709496
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 SANTA CLARA CO SHERIFFS DEPT 00529496 01/08/23-01/21/23EJ WAGE ATTACHMENT B2302 Payroll Liability&ClearingAcct

96.37 Total for Payment No.: 96.37
Payment No: 709148
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 SANTA CLARA CO SHERIFFS DEPT 00528615 12/25/22-01/07/23EJ WAGE ATTACHMENT B2301 Payroll Liability&ClearingAcct

96.37 Total for Payment No.: 96.37
Payment No: 025237
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 LINDE GAS & EQUIPMENT INC. 00527949 33123632 IND HIGH PRESSURE < 100CF > General Fund 69.03 2023-01-13 LINDE GAS & EQUIPMENT INC. 00527949 33123632 SAFETY & ENVIRONMENTAL SVC General Fund 17.95 2023-01-13 LINDE GAS & EQUIPMENT INC. 00527949 33123632 CYL TRACKING SERVICE FEE General Fund 6.90 Total for Payment No.: 93.88
Payment No: 709460
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 CHARLES PASCAL ATANGANA 00529310 57860-10 UTILITY REFUND
UTILITY REFUND General Fund 92.96
Total for Payment No.: 92.96
Payment No: 709489
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 YUANZHI LI 00529318 72459-17 UTILITY
REFUND
UTILITY REFUND General Fund 92.81
Total for Payment No.: 92.81
Payment No: 709393
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 INSTANT STORAGE SERVICE 00528079 153277 monthly rental fee General Fund 92.76 Total for Payment No.: 92.76
Payment No: 709526
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 EQUIFAX CREDIT INFORMATION
SVC
00528978 2054047864 SEO EQUIFAX General Fund 22.68
2023-01-27 EQUIFAX CREDIT INFORMATION
SVC
00528978 2054047864 NEW HIRE EQUIFAZ General Fund 69.36 Total for Payment No.: 92.04
Payment No: 709482
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 TAKU FUJIMOTO 00529324 78188-07 UTILITY
REFUND
UTILITY REFUND General Fund 91.40
Total for Payment No.: 91.40
Payment No: 709317
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 KARLA CRUZ-TORRES 00528669 47336-19 UTILITY
REFUND
UTILITY REFUND General Fund 90.52
Total for Payment No.: 90.52
Payment No: 709117
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 BRENDAN KIM 00528316 24887-31 UTILITY
REFUND
UTILITY REFUND General Fund 89.11
Total for Payment No.: 89.11
Payment No: 025204
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 BELL ELECTRICAL SUPPLY 00528138 5739259 BUR KS20 5STR SPLIT BOLT CONN General Fund 87.63 Total for Payment No.: 87.63
Payment No: 709343
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 YINA PAOLA VARON CARDONA 00528968 45413-19 UTILITY REFUND
UTILITY REFUND General Fund 85.10
Total for Payment No.: 85.10
Payment No: 025285
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 IMPERIAL SPRINKLER SUPPLY INC 00528265 00090422710-01 SUPPLIES-TREES General Fund 85.05 Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid Total for Payment No.: 85.05
Payment No: 709178
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 CONCENTRA MEDICAL CENTERS 00528172 1207446609 PRE-EMPLOY MEDICAL

SCREENING
General Fund 85.00
Total for Payment No.: 85.00
Payment No: 709518
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 D&M TRAFFIC SERVICES 00528720 88920 RAIN JACKETS AND PANTS General Fund 83.51 Total for Payment No.: 83.51
Payment No: 709615
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 GRACE DOUGHERTY 00529920 38954JAN2023 2023 CAPPO Conference General Fund 82.62 Total for Payment No.: 82.62
Payment No: 025295
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 NI GOVERNMENT SERVICES 00528095 22112908551 monthly fees - satellite radio General Fund 80.71 Total for Payment No.: 80.71
Payment No: 709107
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 RANDY KENT 00527763 35349DEC2022 CAP REIMBURSEMENT - DEC. 2022 General Fund 40.00 2023-01-13 RANDY KENT 00528173 35349JAN2023 CAP REIMBURSEMENT - JAN 2023 General Fund 40.00 Total for Payment No.: 80.00
Payment No: 709571
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 RDO EQUIPMENT CO 00528848 P226874 PARTS-V3096 Fleet Operation Fund 79.75 Total for Payment No.: 79.75
Payment No: 025269
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 BAY AREA DATA SUPPLY 00528349 207544 HP M506 TONER FOR PAYROLL General Fund 79.12 Total for Payment No.: 79.12
Payment No: 025400
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 WESTERN STATES OIL CO 00528852 474471 FUEL-PD MOTORS BATCH ENTRY Fleet Operation Fund 75.06 Total for Payment No.: 75.06
Payment No: 709230
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 PACIFIC TELEMANAGEMENT SVCS 00527598 2098296 PD PAY PHONE SERVICE JAN 2023 Information Technology Service

75.00 Total for Payment No.: 75.00
Payment No: 709295
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 ANA ZAMUDIO 00528657 20511-10 UTILITY
REFUND
UTILITY REFUND General Fund 72.15
Total for Payment No.: 72.15
Payment No: 709473
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 NATASHA AGRAWAL 00529306 48058-09 UTILITY
REFUND
UTILITY REFUND General Fund 70.89
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid Total for Payment No.: 70.89
Payment No: 709273
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 VERIZON WIRELESS 00528063 9923712091 FIRE STADIUM WIRELESS General Fund 70.10 Total for Payment No.: 70.10
Payment No: 709451
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 JEFF SHULTZ 00528982 25992JAN2023 ICC Mechanical Cert Renew Reim Building New Dvlpmnt Srvc Fee

70.00 Total for Payment No.: 70.00
Payment No: 709311
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 HAO ZHOU 00528681 75392-06 UTILITY
REFUND
UTILITY REFUND General Fund 69.83
Total for Payment No.: 69.83
Payment No: 709167
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 BSN SPORTS, LLC 00528115 919806389 EDWARDS BRASS HANDLE & SCREWS
General Fund 68.99
Total for Payment No.: 68.99
Payment No: 709302
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 EAN SEWELL 00528686 80539-04 UTILITY
REFUND
UTILITY REFUND General Fund 66.80
Total for Payment No.: 66.80
Payment No: 709492
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 ZACHARY MARCUS 00529294 14775-13 UTILITY
REFUND
UTILITY REFUND General Fund 64.59
Total for Payment No.: 64.59
Payment No: 709326
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 RACHEL TAKEUCHI 00528683 76364-02 UTILITY
REFUND
UTILITY REFUND General Fund 64.25
Total for Payment No.: 64.25
Payment No: 709255
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 STRATUS VIDEO, LLC 00527781 SIN480343 LANGUAGE SERVICES General Fund 61.56 Total for Payment No.: 61.56
Payment No: 709627
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 AHMAD BAGHAI 00527749 57634-17 UTILITY
REFUND
UTILITY REFUND General Fund 61.47
Total for Payment No.: 61.47
Payment No: 025266
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 ALL GUARD ALARM SYSTEMS INC 00528231 A758940 MRTC MONTHLY RADIO 12/1-31/22 General Fund 60.00 Total for Payment No.: 60.00
Payment No: 709342
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 VILMA ZELAYA 00528666 39783-17 UTILITY
REFUND
UTILITY REFUND General Fund 59.93
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid Total for Payment No.: 59.93
Payment No: 709321
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 MELISSA GUTIERREZ TAVERA 00528966 29467-24 UTILITY REFUND
UTILITY REFUND General Fund 57.50
Total for Payment No.: 57.50
Payment No: 025354
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 GALE/CENGAGE LEARNING 00528629 79844107 1241 AD BK General Fund 56.45 Total for Payment No.: 56.45
Payment No: 709733
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 THE HOME DEPOT PRO 00529147 726776057 JANITORIAL SUPPLIES General Fund 54.80 Total for Payment No.: 54.80
Payment No: 709464
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 CLARA FOK 00529321 76358-10 UTILITY
REFUND
UTILITY REFUND General Fund 52.71
Total for Payment No.: 52.71
Payment No: 709207
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 KELLY-MOORE PAINT CO 00528119 817-00000448413 RUST 249061 S/G BLK PT2X 1 General Fund 52.31 Total for Payment No.: 52.31
Payment No: 709481
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 SIERRA MIERS 00529303 31820-22 UTILITY
REFUND
UTILITY REFUND General Fund 51.67
Total for Payment No.: 51.67
Payment No: 709628
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 TARA ANDERSON 00520935 44638-07 Utility Refund UTILITY REFUND General Fund 51.65 Total for Payment No.: 51.65
Payment No: 025298
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 PG&E 00528481 0541963339-0DEC2022 TS @ CALVERT/CALVERT General Fund 50.44 Total for Payment No.: 50.44
Payment No: 709150
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 US TREASURY 00528614 12/25/22-01/07/23JO WAGE ATTACHMENT B2301 Payroll Liability&ClearingAcct

50.00 Total for Payment No.: 50.00
Payment No: 709498
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 US TREASURY 00529499 01/08/23-01/21/23JO WAGE ATTACHMENT B2302 Payroll Liability&ClearingAcct

50.00 Total for Payment No.: 50.00
Payment No: 709318
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 KENDAL HOUCK 00528668 47282-21 UTILITY
REFUND
UTILITY REFUND General Fund 48.97
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid Total for Payment No.: 48.97
Payment No: 709620
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 MEHULKUMAR PATEL 00529195 38910JAN2023 LIVESCAN FEE REIMBURSEMENT General Fund 47.00 Total for Payment No.: 47.00
Payment No: 709129
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 LANDMARK EVENT STAFFING 00528310 12271-07 UTILITY REFUND
UTILITY REFUND General Fund 46.72
Total for Payment No.: 46.72
Payment No: 709619
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 KYEL RAMOS 00518145 36005APR2022 2022 APR CLASS A REIMB Water Utility 46.00 Total for Payment No.: 46.00
Payment No: 709468
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 JIAGENG ZHANG 00529328 81061-02 UTILITY
REFUND
UTILITY REFUND General Fund 45.68
Total for Payment No.: 45.68
Payment No: 709466
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 DOKOOK CHOE 00529326 80144-04 UTILITY
REFUND
UTILITY REFUND General Fund 45.26
Total for Payment No.: 45.26
Payment No: 709192
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 FOURNIER, DAVID 00528345 32989JAN2023 LYFT RIDE SHARE COST General Fund 45.20 Total for Payment No.: 45.20
Payment No: 709472
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 MHD L ELZEIN 00529315 66492-13 UTILITY
REFUND
UTILITY REFUND General Fund 44.06
Total for Payment No.: 44.06
Payment No: 709325
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 QAZI, ANISA AZIZ 00528973 69206-15 UTILITY
REFUND
UTILITY REFUND General Fund 42.43
Total for Payment No.: 42.43
Payment No: 025442
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 LINDE GAS & EQUIPMENT INC. 00529272 33132241 CYLINDER RENT11/20/22-12/20/22 Fleet Operation Fund 41.91 Total for Payment No.: 41.91
Payment No: 709101
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 MEGAN STROUP TRISTAO 00528176 30262JAN2023 CAP REIMBURSEMENT - JAN. 2023 General Fund 40.00 Total for Payment No.: 40.00
Payment No: 709090
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 CARTER HU 00528175 38744JAN2023 CAP REIMBURSEMENT - JAN 2023 General Fund 40.00 Total for Payment No.: 40.00
Payment No: 709535
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 FOURNIER, DAVID 00520122 32989AUG2022 CAP - AUG 2022 General Fund 40.00 Total for Payment No.: 40.00
Payment No: 709285
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 FOURNIER, DAVID 00528466 32989JAN2023A CAP REIMBURSEMENT - JAN. 2023 General Fund 40.00 Total for Payment No.: 40.00
Payment No: 709617
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 JOSEPH GARTNER III 00529507 17413JAN2023 CAP REIMBURSEMENT General Fund 40.00 Total for Payment No.: 40.00
Payment No: 709471
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 LOUIS RAVELLA 00529301 27506-16 UTILITY
REFUND
UTILITY REFUND General Fund 39.95
Total for Payment No.: 39.95
Payment No: 709114
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 STEVE LUSARDI 00528425 38815DEC2022 Reimbursemen on tax overcharge Cemetery 39.24 Total for Payment No.: 39.24
Payment No: 709125
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 JE NAM CHA 00528328 56486-12 UTILITY
REFUND
UTILITY REFUND General Fund 37.24
Total for Payment No.: 37.24
Payment No: 709120
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 CHRIS IGUCHI 00528329 59149-13 UTILITY
REFUND
UTILITY REFUND General Fund 36.12
Total for Payment No.: 36.12
Payment No: 709242
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 ROSS RECREATION EQUIPMENT
INC
00527553 I22212 BHCS 6LP 3/8x2-3/4i SST General Fund 34.69 Total for Payment No.: 34.69
Payment No: 709657
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 DEPARTMENT OF HEALTH CARE

SERVICES
00529547 GEM0423907P AMBULANCE TRANSPORT MED
FEE
General Fund 34.02
Total for Payment No.: 34.02
Payment No: 709338
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 TRAVELLER'S HAVEN 00528678 68974-18 UTILITY
REFUND
UTILITY REFUND General Fund 33.89
Total for Payment No.: 33.89
Payment No: 709387
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 HELEN VAUGHAN 00528943 38890DEC2022 PARKS DEPT REFUND General Fund 32.00 Total for Payment No.: 32.00
Payment No: 709358
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 ANURAG GUPTA 00528941 38891DEC2022 PARKS DEPT REFUND General Fund 32.00 Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid Total for Payment No.: 32.00
Payment No: 025219
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 EBSCO INFORMATION SERVICES 00527885 2300841 1235 AD PR General Fund 30.98 Total for Payment No.: 30.98
Payment No: 709312
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 HIREN PASAD 00528673 55605-06 UTILITY
REFUND
UTILITY REFUND General Fund 27.83
Total for Payment No.: 27.83
Payment No: 709401
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 LAWSON PRODUCTS, INC 00528269 9310184918 PARTS-SHOP Fleet Operation Fund 27.61 Total for Payment No.: 27.61
Payment No: 709465
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 CONCEPCION GOMEZ 00529299 21317-04 UTILITY
REFUND
UTILITY REFUND General Fund 26.06
Total for Payment No.: 26.06
Payment No: 709328
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 RON CIESLAK 00528963 19957-09 UTILITY
REFUND
UTILITY REFUND General Fund 25.25
Total for Payment No.: 25.25
Payment No: 025248
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 PAN ASIAN PUBLICATIONS (USA)
INC
00527708 U-17369 1241 AD BK General Fund 24.67
Total for Payment No.: 24.67
Payment No: 709174
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 CHAN, MO 00512312 75458-06 Utility Refund UTILITY REFUND General Fund 24.21 Total for Payment No.: 24.21
Payment No: 709463
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 CHRISTINA MADRID 00529298 20280-09 UTILITY
REFUND
UTILITY REFUND General Fund 23.49
Total for Payment No.: 23.49
Payment No: 709422
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 SHAWN FAN 00528942 38889NOV2022 PARKS DEPT REFUND General Fund 23.00 Total for Payment No.: 23.00
Payment No: 709470
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 KELLY STAFFORD 00529327 80421-03 UTILITY
REFUND
UTILITY REFUND General Fund 22.53
Total for Payment No.: 22.53
Payment No: 709461
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 CHARLES WAYN 00529329 81121-04 UTILITY
REFUND
UTILITY REFUND General Fund 21.63
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid Total for Payment No.: 21.63
Payment No: 709457
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 ASISH RATHEENDRAN 00529323 77173-08 UTILITY
REFUND
UTILITY REFUND General Fund 21.48
Total for Payment No.: 21.48
Payment No: 709549
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 KALL8 00528691 E42516123122 Monthly Q- Card General Fund 20.70 Total for Payment No.: 20.70
Payment No: 025282
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 GEOTAB USA, INC 00528252 IN322399 REGION1 PROPLUS PLAN NOV2022 Solid Waste Program 19.75 Total for Payment No.: 19.75
Payment No: 709141
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 STEPHEN AUSTIN 00528325 48265-01 UTILITY
REFUND
UTILITY REFUND General Fund 18.06
Total for Payment No.: 18.06
Payment No: 709334
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 SISAVATH KHEHASATHANE 00528661 25970-17 UTILITY REFUND
UTILITY REFUND General Fund 17.47
Total for Payment No.: 17.47
Payment No: 709333
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 SHARAD SINGH 00528967 45032-18 UTILITY
REFUND
UTILITY REFUND General Fund 17.26
Total for Payment No.: 17.26
Payment No: 709324
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 PROTACIO CABILTES 00528670 47412-09 UTILITY
REFUND
UTILITY REFUND General Fund 17.00
Total for Payment No.: 17.00
Payment No: 709600
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 UNITED PARCEL SERVICE 00529392 00009882E5013A DELIVERY CHARGES General Fund 16.00 Total for Payment No.: 16.00
Payment No: 709741
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-02-03 UNITED PARCEL SERVICE 00529904 00009882E5023A DELIVERY CHARGES-CITY CLERK General Fund 16.00 Total for Payment No.: 16.00
Payment No: 709305
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 ESPELETA, TERESA 00528651 11823-09 UTILITY
REFUND
UTILITY REFUND General Fund 14.97
Total for Payment No.: 14.97
Payment No: 709142
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 TAYLOR GAFFNEY 00528311 14165-22 UTILITY
REFUND
UTILITY REFUND General Fund 14.76
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid Total for Payment No.: 14.76
Payment No: 709190
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 FEDERAL EXPRESS 00527938 7-971-83125 Overnight County - Mainline Pr General Fund 14.49 Total for Payment No.: 14.49
Payment No: 709337
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 TOMOKUNI HASEGAWA 00528974 76883-03 UTILITY
REFUND
UTILITY REFUND General Fund 13.87
Total for Payment No.: 13.87
Payment No: 709308
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 GAVIN LUONG 00528969 46808-18 UTILITY
REFUND
UTILITY REFUND General Fund 13.76
Total for Payment No.: 13.76
Payment No: 709534
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 FLEETPRIDE, INC. 00528625 104343921 PARTS-STOCK Fleet Operation Fund 11.44 Total for Payment No.: 11.44
Payment No: 709297
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 BAY AREA OVERHEAD DOOR CO
INC
00528656 18873-01 UTILITY
REFUND
UTILITY REFUND General Fund 10.80
Total for Payment No.: 10.80
Payment No: 709123
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 HSINI TAI 00528338 79246-02 UTILITY
REFUND
UTILITY REFUND General Fund 10.54
Total for Payment No.: 10.54
Payment No: 709140
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 STEPHANIE CANTU 00528337 78923-05 UTILITY
REFUND
UTILITY REFUND General Fund 10.04
Total for Payment No.: 10.04
Payment No: 709490
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 YURIY BRODSKIY 00529308 49257-04 UTILITY
REFUND
UTILITY REFUND General Fund 9.53
Total for Payment No.: 9.53
Payment No: 709122
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 GARY VADEROUST 00528323 44753-03 UTILITY
REFUND
UTILITY REFUND General Fund 7.28
Total for Payment No.: 7.28
Payment No: 709345
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-20 YUNKE TIAN 00528652 13651-21 UTILITY
REFUND
UTILITY REFUND General Fund 7.21
Total for Payment No.: 7.21
Payment No: 709119
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-13 CHARMAINE ORQUIOLA 00528330 61091-18 UTILITY REFUND
UTILITY REFUND General Fund 5.70
Total for Payment No.: 5.70
Payment No: 709454
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2023-01-27 ROBERT SANDERS 00529335 38913JAN2023 REFUND OVRPMT #10085 H.U.D Capital Projects 4.84 Total for Payment No.: 4.84
All Other City Funds Group Total 24,369,742.75
Overall Total 89,560,076.88
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-34 Agenda Date: 3/7/2023

REPORT TO COUNCIL

SUBJECT
Action on a Resolution Ordering the Vacation of a Water Easement, Electric Easement, and Electric Easement Underground at 3710 El Camino Real

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

BACKGROUND
On May 12, 2015, City Council (Agenda Item 7B) approved the Rezoning and certified the Final Environmental Impact Report (FEIR) for the Gateway Village Development project (Project) located at 3700 El Camino Real (Property). The Project consists of 476 apartment units and up to 108,000 square feet of retail space. During the development review process, the address changed to 3710 El Camino Real.

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

ENVIRONMENTAL REVIEW
The potential impacts of the Project are addressed in the Final Environmental Impact report (EIR), and the Mitigation Monitoring or Reporting Program (MMRP) that were approved by City Council on May 12, 2015.

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

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

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board City of Santa Clara Printed on 3/2/2023Page 1 of 2
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23-34 Agenda Date: 3/7/2023
outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION

1. Adopt a Resolution Ordering the Vacation of a Water Easement, Electric Easement, and Electric Easement Underground at 3710 El Camino Real [APN 313-06-007 & 008 (2022-23); SC 22-0050]; and

2. Authorize the recordation of the Resolution.

Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Office of the City Manager

ATTACHMENT

1. Resolution
City of Santa Clara Printed on 3/2/2023Page 2 of 2
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Resolution ordering the Vacation of Easements Page 1 of 3 Rev. 11/22/17; Typed:01/10/2023 SC22-0050

RECORD WITHOUT FEE PURSUANT
TO GOV’T CODE SECTION 6103
Recording Requested by:

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

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

A RESOLUTION OF THE CITY OF SANTA

CLARA, CALIFORNIA, ORDERING THE VACATION OF

A WATER EASEMENT, ELECTRIC EASEMENT, AND
ELECTRIC EASEMENT UNDERGROUND AT 3710 EL
CAMINO REAL [APN 313-06-007 & 008 (2022-23)]
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

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

Resolution ordering the Vacation of Easements Page 2 of 3 Rev. 11/22/17; Typed:01/10/2023 SC22-0050 (c) The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.

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

1. That said Easements shown in said Exhibits have been superseded by relocation, or determined to be excess by the easement holders, and there are no other public facilities located within the easements.

2. That said Easements described and shown in said Exhibits in the City are hereby vacated pursuant to California Streets and Highways Code Section 8333.

3. That the vacation hereby releases all easement rights and interest of the City referred in said Exhibits to the current property owner(s).
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Resolution ordering the Vacation of Easements Page 3 of 3 Rev. 11/22/17; Typed:01/10/2023 SC22-0050

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

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

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ___ DAY OF _________, 2023, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: __________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Attachments incorporated by reference:

1. Exhibits A & B

K:\Engineering\Engineering\5-LPD\Draft RTC\Jing\3700 ECR Eas vac\SC22-0050 Res vac easements.doc

EXHIBIT ''A"
Legal Descr iption

WATER EASEMENT VACATION
and

SILICON VALLEY POWER EASEMENTS VACATION
Santa Iara, CA 9505 1
(Gateway Village)
January 23, 2023
BK FNo. 20 181 42 1
Page I of I
All that real property in the City of Santa Clara. County of Santa Clara, State of Ca li fo rnia, described as fo llows:

Being all of that Water Easement being vacated, a de cribed in that certain Deed, entitled "Water Easement", recorded on April 6, 1970 in Book 8880 at Page 408, Official Records of Santa Clara County; and
Being all of that Electric Easement being vacated, as described in that certain Deed, entitled "E lectric Easement", recorded on July 14. 1970 in Book 8986 at Page 159, Offi cial Records of Santa Clara County; and
Being all of that Electric Easement Underground being vacated, as described in that certain Deed, entitled ·'Electric Easement Underground'', recorded on ovember 26, 197 1 in Book 9606 at Page I 05, Official Records of Santa Clara County;
Water Easement, Electric Easement and Electric Easement Underground being vacated are shown on Site Plan attached hereto and mad e a part hereof as Exhibit "B".

This legal description wa prepared by me, or under my direct supervision, requirements of the Profess ional Land Surveyors' Act.
in conformance with the
0 100 200 400

EL CAMINO REAL
! 1.____ 1
'
NOlES

EASEMENTS BEING VACATED WERE
REFERENCED AS "TO BE VACATED BY
SEPARATE INSTRUMENT", AS SHOWN
WITHIN LOTS 1 AND 2 OF TRACT NO.
10341 , ENTITLED "GATEWAY VILLAGE",
FILED FOR RECORD ON MAY 4, 2018
IN BOOK 913 OF MAPS AT PAGES 12
THROUGH 15 INCLUSIVE, RECORDS OF
SANTA CLARA COUNTY.

THERE ARE NO WATER LINES, ELECTRIC

UNDERGROUND OR OVERHEAD LINES

WITHIN THESE EASEMENTS BEING
VACATED.
(SCALE IN FEET) a a
C'l
II
~
LEGEND
TRACT NO. 6245
416 M 40
SUR\£YOR'S STA lEMENT
APN

THIS SITE PLAN WAS PREPARED BY
ME OR UNDER MY DIRECTION.
~ ~9°"" JOHN KOROYAN
P.L.S. NO. 8883
JAN. 131 t.ot~
DATE

ASSESSOR'S PARCEL
NUMBER

EASEMENT

OFFICIAL RECORDS
EXHIBIT "B"
\ \BKF-SJ\VOL4\2018\181421_GA TEWAY 1//LLAGE_PH 2\SUR
\DWG\PLA TS\CITY OF SC_UE[_ VACA TION.DWG

PLAT TO ACCOMPANY

LEGAL DESCRIPTION
A
1730 N. FIRST
SUITE 600

SAN JOSE, CA
- ~~ 408 - 467 - 9100
...,.,...... www.bkf .COM
STREET
95112
Subject SITE PLAN (EXHIBIT •s•)

VACATION OF EASEMENTS
Job No . 20161421 (GATEWAY VILLAGE)
By DIS Date 01-23-2023 Chkd ._J_VK __
PAGE 1 OF 1
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-98 Agenda Date: 3/7/2023

REPORT TO COUNCIL

SUBJECT
Action to Delegate Authority to the City Manager to Negotiate and Execute an Agreement for Services with Energy and Environmental Economics, Inc. to Complete an Integrated Resources Plan (IRP) and Perform Related Services for Silicon Valley Power

COUNCIL PILLAR
Promote Sustainability and Environmental Protection

BACKGROUND
Senate Bill 350 (Chapter 547, Statutes of 2015) (SB 350) requires publicly owned utilities with an average annual load greater than 700 gigawatt-hours, in the 2013 to 2016 period, to adopt Integrated Resource Plans (IRP) by January 1, 2019, submit them to the California Energy Commission (CEC) by April 30, 2019, and update them at least once every five years thereafter. City of Santa Clara through its electric utility Silicon Valley Power (SVP) adopted its first IRP on November 27, 2018.

In 2018, Senate Bill 100 (Chapter 312, Statutes of 2018) (SB100) increased the Renewable Portfolio Standard for utilities in the state from 50 percent to 60 percent by 2030 and set a 2045 goal to power all retail electricity sold in California with renewable and zero-carbon resources.

IRPs are electric system planning documents that lay out the resource needs, federal, state and local policy goals, physical and operational constraints, and general priorities or proposed resource choices of an electric utility, including customer-side preferred resources. These plans will provide a framework for the CEC to evaluate how utilities have chosen to align with greenhouse gas (GHG) emission reduction targets as well as energy and other policy goals outlined in SB 350 and SB 100, including but not limited to:
· Reductions in electricity sector GHG emissions commensurate with economy-wide reductions of 40 percent below 1990 levels by 2030;
· A Renewables Portfolio Standard of 60 percent by 2030; and · Energy efficiency, storage, and vehicle electrification policy goals.

SVP’s IRP must be designed to comply with GHG emissions reduction targets for the electricity sector established by the California Air Resources Board (CARB), in coordination with the CEC. SB 350 further requires that SVP consider the role of existing renewable generation, grid operational efficiencies, energy storage, and distributed energy resources, including energy efficiency as part of ensuring that SVP meets energy and reliability needs. SVP must consider how to meet needs at the hour of peak and net-peak demand of electricity, while reducing the need for new electricity generation resources and new transmission resources in achieving the state's energy goals at the least cost to customers. The development of the IRP is staff resource intensive and requires special City of Santa Clara Printed on 3/2/2023Page 1 of 4
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23-98 Agenda Date: 3/7/2023
knowledge and software modeling tools.

DISCUSSION
On August 3, 2022, staff issued a Request for Proposals (RFP) #22-23-05 to solicit proposals from qualified firms that work on IRP development. The RFP was published on the City’s bid notification system and three proposals were received from The Brattle Group (Brattle) [Boston, MA], Mitsubishi Electric (Mitsubishi) [Warrendale, PA], and Energy and Environmental Economics [San Francisco, CA].

Evaluation Process:

Proposals were evaluated and scored independently by a three-member evaluation team against the criteria and weights published in the RFP. The final results are summarized in the table below:

Criteria Max
Points
Brattle Mitsubishi E3
Proposal Content and
Structure
10 8 4 10
Experience 20 15 7 19
Technical Capability 35 21 13 34
Cost / Cost Realism 35 2 35 7
Total Score 100 46 59 70
Award Recommendation:

Staff recommends award of contract to Energy and Environmental Economics, Inc. as the most advantageous and best value proposal pursuant to the evaluation criteria set forth in the RFP.

Staff conducted reference checks with Sacramento Municipal Utility District, California Public Utilities Commission, and Nova Scotia Power. All references were positive.

Notice of Intended Award:

A Notice of Intended Award was issued on October 5, 2022.

Term of Agreement:

The term of the proposed agreement will be five (5) years.

Summary of Services:

The proposed agreement will include a detailed scope of services. Services will include: providing strategic advice and guidance to the City to develop a long term system plan, assist SVP in updating the existing IRP document, draft a completed IRP, use proprietary and commercial planning models to support the IRP, support development of public materials, and facilitate meetings, as requested by SVP.

Cost Summary:

This is a time and materials agreement. The estimated total cost to complete the updated IRP is $463,000. Staff has recommended a total maximum compensation not to exceed $500,000 to address additional services that may be required after the IRP is filed.

City of Santa Clara Printed on 3/2/2023Page 2 of 4
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23-98 Agenda Date: 3/7/2023
In addition to the contingency associated with the IRP, staff recommends that the City Council authorize the City Manager to negotiate and execute amendments to the Agreement with E3 for a total maximum compensation not to exceed $750,000 for additional related services such as: further analysis, additional information to respond to stakeholder inquiries and comments, review of a 24/7 GHG accounting methodology, assessment of electrification readiness, support in the development of electrification programs, use of models in evaluation of clean energy project bids, and other support needed from time to time. Using services from E3 for these additional needs will save future costs by leveraging the models already developed and tie these analyses to the IRP enhancing transparency and stakeholder confidence in the IRP.

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 the proposed actions are agreements for professional consulting services which are administrative activities that will not result in direct or indirect physical changes in the environment.

FISCAL IMPACT
The maximum compensation under the proposed five-year agreement with Energy and Environmental Economics, Inc. is $500,000 which includes all services identified in the RFP and additional funding for unanticipated services. The City Manager would also be authorized to execute contract amendments, including an increase to the maximum compensation to an amount not to exceed $750,000.

Sufficient funds are available in the Electric Utility Fund Resource Management Operating Budget.

Authorization for additional services during the current year shall be subject to available funds.

Funding in future years will be requested through the corresponding budget process.

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

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

RECOMMENDATION

1. Approve and authorize the City Manager to negotiate and execute an Agreement with Energy and Environmental Economics, Inc. to complete an Integrated Resources Plan (IRP) and perform related services for Silicon Valley Power , for a five-year term beginning on or around March 15, 2023, with a maximum compensation not to exceed $500,000; and

2. Authorize the City Manager to take any and all actions as are necessary or advisable to implement City of Santa Clara Printed on 3/2/2023Page 3 of 4
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23-98 Agenda Date: 3/7/2023
and administer the Agreement and negotiate and execute amendments to the Agreement to (a) add or delete services consistent with the scope of services; (b) incorporate future rate adjustments; and (c) increase total maximum compensation to an amount not to exceed $750,000, subject to the appropriation of funds.

Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Office of the City Manager
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-59 Agenda Date: 3/7/2023

REPORT TO COUNCIL

SUBJECT
Action on Agreement with GFI Entertainment, LLC for Concert Production and Stage Management Services for City Special Events

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The City hosts several citywide special events and concerts each year. The City’s concert production goals and priorities for the special events are to provide Santa Clara residents and visitors with high- quality music and entertainment experiences in a family-friendly, festival setting that markets Santa Clara as a destination. Special events and concerts provide entertainment that draws a crowd and builds community. To meet these goals and priorities, the Parks & Recreation Department utilizes contractors to provide professional services such as talent search and concert sound production, stage management, lighting, concert-related equipment, food vendors, sanitation, and security.

The Parks & Recreation Department’s annual special events and concerts are noted in the City’s adopted budget and include, but are not limited to the July 4th All City Picnic, Art & Wine Festival, Holiday Tree Lighting, Summer Concert Series (five shows), and Street Dance.

DISCUSSION
Pursuant to City Code Section 2.105.140(c), a formal Statement of Qualifications (SOQ) was conducted as the solicitation method for this procurement, with the award recommendation based on “best value.” In November 2022, the City published the SOQ for concert production and stage management services using the City’s e-procurement platform.

The City received one proposal from GFI Entertainment which was thoroughly reviewed and evaluated by staff who determined that GFI Entertainment’s proposal satisfied all the SOQ requirements. Staff recommends awarding the agreement to GFI Entertainment for having submitted the sole responsive proposal. GFI Entertainment has provided concert production and stage management services for past City events and has extensive experience providing these services for other municipalities.

Under the agreement, GFI Entertainment will provide concert production and management services for the City’s July 4th All City Picnic, Summer Concert Series, Street Dance and the Art & Wine Festival. In addition, the City reserves the right to add additional events at its discretion. Services will include, but not be limited to, sound and lighting production, planning and talent search services, concert production and stage management. Fees for the services are fixed for the five-year term of the agreement and will be paid based on the services provided for each event.

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23-59 Agenda Date: 3/7/2023

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
Over the five-year term of the agreement (March 22, 2023 - March 31, 2028), payments to the vendor will be in an amount not to exceed $455,508, which includes a 10% contingency of $41,409.86. The implementation of this agreement is subject to funding availability in the Parks & Recreation Operating Budget and the approved Citywide special event priorities.

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

RECOMMENDATION

1. Authorize the City Manager to execute an agreement with GFI Entertainment, LLC for concert production and stage management services for a five-year term with maximum compensation not- to-exceed $455,508.46, subject to the appropriation of funds.

2. Authorize the City Manager to execute amendments to the agreement to modify the scope of services, including to add or reduce events, during the term of the agreement.

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

ATTACHMENTS

1. Agreement with GFI Entertainment, LLC
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Agreement with GFI Entertainment, LLC Page 1
Rev. 07-01-18
EBIX Insurance No. S200003052

AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND

GFI ENTERTAINMENT, LLC

PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and GFI Entertainment, LLC, a California limited liability company, (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

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

The Parties agree as follows:

AGREEMENT TERMS AND CONDITIONS

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

Exhibit A – Scope of Services
Exhibit B – Schedule of Fees
Exhibit C – Insurance Requirements
This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions Agreement with GFI Entertainment, LLC Page 2
Rev. 07-01-18
of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.

2. TERM OF AGREEMENT
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on March 8, 2023 and terminate on March 31, 2028.

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

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

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

6. COMPENSATION AND PAYMENT
In consideration for Contractor’s complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled “SCHEDULE OF FEES.” The maximum compensation of this Agreement is Four Hundred Fifty-Five Thousand Five Hundred Eight Dollars and Forty-Six Cents ($455,508.46), subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Contractor’s expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.

Agreement with GFI Entertainment, LLC Page 3
Rev. 07-01-18

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

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

C. Upon termination, each Party shall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Contractor will deliver to City all City information or material that Contractor has in its possession.

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

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

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

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

11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of City, Agreement with GFI Entertainment, LLC Page 4
Rev. 07-01-18
be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor or becomes generally known to the related industry shall be deemed confidential.

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

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

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

14. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Contractor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney’s fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner arising from, or alleged to arise in whole or in part from, or in any way connected with the Services performed by Contractor pursuant to this Agreement – including claims of any kind by Contractor’s employees or Agreement with GFI Entertainment, LLC Page 5
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persons contracting with Contractor to perform any portion of the Scope of Services – and shall expressly include passive or active negligence by City connected with the Services. However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.

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

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

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

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

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

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

And to Contractor addressed as follows:

Agreement with GFI Entertainment, LLC Page 6
Rev. 07-01-18

GFI Entertainment, LLC
Attention: Jimmy Goings
P.O. Box 118
Redwood City, CA 94064
and by e-mail at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.

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

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

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

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

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

Agreement with GFI Entertainment, LLC Page 7
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22. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.

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

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

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

Note: Signature block on next page

Agreement with GFI Entertainment, LLC Page 8
Rev. 07-01-18
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation

Approved as to Form: Dated:

Office of the City Attorney
City of Santa Clara

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

GFI ENTERTAINMENT, LLC
a California limited liability Company

Dated:

By (Signature):

Name: James (“Jimmy”) Goings
Title: Owner/Manager
Principal Place of
Business Address:
1201 San Luis Obispo Avenue
Hayward, CA 94544
Email Address: [email protected]
Telephone: (510) 400-9019
Fax: N/A
“CONTRACTOR”

Agreement with GFI Entertainment, LLC/Exhibit A-Scope of Services Page 1 Rev. 07-01-18

EXHIBIT A

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

1. GENERAL

1.1. Contractor will provide special event concert production and stage management services including all labor, equipment, materials, supervision, etc. Services will include, but not limited to, sound and lighting production, planning, and talent search services, concert production, and stage management, as further described herein.

1.2. The annual events are as follows:

1.2.1. 4th of July

1.2.2. Summer Concert series (5 shows)

1.2.3. Street Dance

1.2.4. Two-day Art & Wine Festival

1.3. Contractor shall be available for as-needed special concert event services.

2. EVENT WORK PLAN

2.1. Contractor shall provide a proposed work plan no less than four (4) months prior to each event, including any drawings, that meet the concert event planning, production and stage management needs of the City including staff, such as audio engineers, electrical/lighting staff, video technicians, stagehands, sound and lighting equipment, talent rider fulfillment, and event contingency requirements. The work plan must address the following event needs (not necessarily in this order):

2.1.1. Permitting - Secure any needed and appropriate concert/artist/music performance permits, licenses, certificates for performing rights a minimum of 30 days prior to event date;

2.1.2. Insurance and Safety - Provide required insurance to cover load in, set up/construction/installation, operation and load out of the sound and lighting equipment and its operators for the term of the agreement;

2.1.3. Main Stage, Second Stage, Other Stage and Support Structures - Coordinate with the City’s professional outdoor staging/engineering Agreement with GFI Entertainment, LLC/Exhibit A-Scope of Services Page 2 Rev. 07-01-18
contractor on the design, development and installation of the concert stage and support structures within the overall site/venue plan for all stage, artist, sound, lighting and production equipment including towers, lifts, and fly, electrical generators, cords, recording, mixing, mechanical and lighting devices and weather contingencies to meet building code, planning and inspection permit requirements no less than 90 days prior to concert date; and, coordination with stage and truss company to provide adequate stage props and black curtain backdrop; loading dock, stairs, barricades, house mixing riser/spot tower(s);

2.1.4. Talent Search and Contracts - Contact with artists and agents, negotiating contractual fee and rider with prior review and approval by City for each artist, headliner, opener, etc.;

2.1.5. Riders - Fulfill entertainment and artist contract rider provisions including coordination among potentially multiple (opener, headliner, master of ceremonies, talent) artists’ agents, managers, lighting, sound and rigging support, and various stage plots;

2.1.6. Backline - Provide any required backline and rental tech on site during show (for example, guitar amps, reverb amps, stands, straps, strings, keyboards with USB ports, piano style keyboard, UPS battery backups, drum set, seats, heads, sticks, drum rug, percussion set, cables, gaff tape etc.);

2.1.7. Front of House Sound System - Provide equal or better stereo line array house sound system capable of producing 110-116 dB of clear, un-distorted sound level within the frequency range of 40Hz - 15khz throughout the entire audience area (5,000-10,000 person audience depending on event and location) and the house drive system including crossovers, equalizers and system limiters accessible at the front-of-house mix position;

2.1.8. On Stage Monitor System - Satisfy talent contract performance requirements;

2.1.9. Lighting System and Console - Depending on event scope and time of day provide stage lighting appropriate for size of stage, talent and event, including but not limited to, multi-color stage lights, up light stage lights, narrow lights, spotlights, truss lights etc.;

2.1.10. Video Equipment - Video display screen, projection and playback (if requested by City), both live to tape and live to screen during event potentially from 2 fixed and 1 movable positions;
Agreement with GFI Entertainment, LLC/Exhibit A-Scope of Services Page 3 Rev. 07-01-18

2.1.11. Crew Call - Describe crew call and professional stagehands including assigned house electrician, any runners, crew accommodations, food service, etc.;

2.1.12. Power - Provide generators and power equipment, work lights, cables, spider boxes, and capacity to provide an electrical drawing for permit purposes;

2.1.13. Parking Request - Coordinate a TBD number of crew parking spaces (20’ x 10’ wide);

2.1.14. Office Space - Production “office space,” crew space and equipment (internet, copier, etc., if needed);

2.1.15. Guests - Identify and develop a list of any crew “guests” not assigned to staff/crew rolls;

2.1.16. Run of Show - Include planning, talent selection, site inspections, production load, event day sound check, show and off staging;

2.1.17. Security - Coordinate with City’s security contractor or City staff on load in, load out, and during production; and

2.1.18. Miscellaneous - Specify any “additional/alternate” services.

3. STAFFING

3.1. Contractor will have experienced personnel on staff to provide the services specified in this scope and shall maintain such capabilities throughout the term of the contract.

3.2. Project Management:

3.2.1. The events can be complex and multi-faceted events and require a high degree of planning and cooperation amongst City staff and contractors. Contractor is expected to be a professional, dependable, and communicative partner in all phases of event concert planning and execution.

3.2.2. For each event planned, the Contractor will have a Project Manager, who will be a single point of contact between the City and Contractor.

The Contractor is responsible for drafting and supplying City project plans and detailed event diagrams in a timely fashion.

3.2.3. Contractor must be available to attend multiple project meetings at an event venue, City Hall, or remotely. Meetings may be called with as little as 24 hours’ notice.

Agreement with GFI Entertainment, LLC/Exhibit A-Scope of Services Page 4 Rev. 07-01-18

4. SCHEDULED EVENTS INFORMATION
The following are a list of events currently scheduled (subject to change at City’s discretion):

4.1. 4th of July All City Picnic

4.1.1. Event Date(s): 4th of July from 12 pm to 5 pm

4.1.2. Sample Schedule
Time Activity
12:15 pm to 12:45 pm Local Presentations
1:00 pm to 1:45 pm Community Group Performances
2:15 pm to 3:00 pm Cocktail Monkeys
3:30 pm to 5:00 pm Pop Rocks

4.1.3. City provides stage and power.

4.1.4. Contractor provides sound, talent, and event execution.

4.1.5. Approximate audience size is 1,000.

4.2. Summer Concert Series

4.2.1. Concerts to be held on Friday nights which will be determined on annual basis between the Contractor and City.

4.2.2. Five (5) 1.5 hour concerts in the park.

4.2.3. Contractor shall be responsible for talent, sound and event execution.

4.2.4. City shall be responsible for stage and power.

4.3. Art & Wine Festival

4.3.1. Event Date: Third Weekend in September

4.3.1.1. September 16 & 17, 2023

4.3.1.2. September 21 & 22, 2024

4.3.1.3. September 20 & 21, 2025

4.3.1.4. September 19 & 20, 2026

4.3.1.5. September 18 & 19, 2027
Agreement with GFI Entertainment, LLC/Exhibit A-Scope of Services Page 5 Rev. 07-01-18

4.3.2. Contractor to provide two days of talent (at least 4 acts each day, various styles, one A level band each day), sound production, and coordination City staff/acts on marketing.

4.3.3. Approximate audience size is 1,000.

4.3.4. City will provide stage and power.

4.3.5. Event traditionally held in Central Park, Santa Clara.

4.4. Street Dance at 1300 Franklin Avenue

4.4.1. Event Dates: First Friday in August

4.4.1.1. August 4, 2023

4.4.1.2. August 2, 2024

4.4.1.3. August 1, 2025

4.4.1.4. August 7, 2026

4.4.1.5. August 6, 2027

4.4.2. 2 hour concert evening show

4.4.3. Approximate audience of 5,000.

4.4.4. Contractor will be responsible for coordination of talent, sound, and lighting production.

4.4.5. City will be responsible to provide stage and power.

Agreement with GFI Entertainment, LLC/Exhibit B-Schedule of Fees Page 1 Rev. 07-01-18

EXHIBIT B

SCHEDULE OF FEES

1. MAXIMUM COMPENSATION

1.1. The maximum amount payable for all services provided under this Agreement shall not exceed Four Hundred Fifty-Five Thousand Five Hundred Eight Dollars and Forty-Six Cents ($455,508.46), during the term of the Agreement.

2. FEES

2.1. The City will pay the Contractor based on the event fees specified in Table B1 below for services provided:

Table B1: Event Fees
EVENT # OF EVENTS

PER YEAR

FIXED FEE PER
EVENT ²
TOTAL

EXTENDED
COST
YEAR 1 OF 5
4th of July All City Picnic 1 $ 8,560.00 $ 8,560.00 Summer Concert Series 4¹ $ 5,266.40 $21,065.60
Art & Wine Festival 1 $29,950.00 $29,950.00
Street Dance 1 $ 8,025.00 $ 8,025.00
TOTAL COMPENSATION FOR YEAR 1 OF 5 $67,600.60
YEAR 2 OF 5
4th of July All City Picnic 1 $ 9,160.00 $ 9,160.00 Summer Concert Series 5 $ 5,635.00 $28,175.00
Art & Wine Festival 1 $32,047.00 $32,047.00
Street Dance 1 $ 8,587.00 $ 8,587.00
TOTAL COMPENSATION FOR YEAR 2 OF 5 $77,969.00
YEAR 3 OF 5
4th of July All City Picnic 1 $ 9,800.00 $ 9,800.00 Summer Concert Series 5 $ 6,029.60 $30,148.00
Art & Wine Festival 1 $34,290.00 $34,290.00
Street Dance 1 $ 9,188.00 $ 9,188.00
TOTAL COMPENSATION FOR YEAR 3 OF 5 $83,426.00
YEAR 4 OF 5
4th of July All City Picnic 1 $10,487.00 $10,487.00 Summer Concert Series 5 $ 6,451.60 $32,258.00
Art & Wine Festival 1 $36,691.00 $36,691.00
Street Dance 1 $ 9,831.00 $ 9,831.00
TOTAL COMPENSATION FOR YEAR 4 OF 5 $89,267.00
Agreement with GFI Entertainment, LLC/Exhibit B-Schedule of Fees Page 2 Rev. 07-01-18
EVENT # OF EVENTS

PER YEAR

FIXED FEE PER
EVENT ²
TOTAL

EXTENDED
COST
YEAR 5 OF 5
4th of July All City Picnic 1 $11,221.00 $11,221.00 Summer Concert Series 5 $ 6,903.20 $34,516.00
Art & Wine Festival 1 $39,580.00 $39,580.00
Street Dance 1 $10,519.00 $10,519.00
TOTAL COMPENSATION FOR YEAR 5 OF 5 $95,836.00
TOTAL COMPENSATION FOR FIVE-YEAR TERM $414,098.60
Contingency for additional events, event services, etc. $41,409.86

MAXIMUM NOT-TO-EXCEED COMPENSATION FOR FIVE-
YEAR TERM $455,508.46
¹ For Year One Summer Concert Series there are a total of five (5) concerts but the City has a credit with Contractor for one.
² If services for an event is decreased from what is listed in Exhibit A the City and Contractor shall agree to an appropriate fee adjustment.

3. INVOICING AND PAYMENT

3.1. Contractor will invoice the City within forty-five (45) to seventy-five (75) days before an event for services to be provided by Contractor for that specific event. Invoices will be in a format approved by the City and are subject to verification and approval by the City.

3.2. Invoices must include at a minimum the following:

3.2.1. Event Name and Location

3.2.2. Event Date(s)

3.2.3. Description of Services Provided (including a detailed breakout)

3.2.4. Cost for Services

3.3. City will pay Contractor a 50% deposit of event cost thirty (30) to sixty (60) days prior to the event and with City’s receipt of an approved invoice. The remaining 50% event cost will be paid to Contractor within seven (7) to ten (10) days of event completion.

Agreement with GFI Entertainment, LLC/Exhibit C-Insurance Requirements Page 1 Rev. 07-01-18

EXHIBIT C

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

A. COMMERCIAL GENERAL LIABILITY INSURANCE

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

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

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

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

Agreement with GFI Entertainment, LLC/Exhibit C-Insurance Requirements Page 2 Rev. 07-01-18
C. WORKERS’ COMPENSATION

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

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

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

D. 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 GFI Entertainment, LLC/Exhibit C-Insurance Requirements Page 3 Rev. 07-01-18
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non- renewal.

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

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

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

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

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, Agreement with GFI Entertainment, LLC/Exhibit C-Insurance Requirements Page 4 Rev. 07-01-18
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 Department of Parks and Recreation
P.O. Box 100085 – S2
Duluth, GA 30096

Telephone number: 951-766-2280
Fax number: 770-325-0409

H. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-185 Agenda Date: 3/7/2023

REPORT TO COUNCIL

SUBJECT
Action on the Agreement with Raimi & Associates, Inc. for Consultant Services to Revise the El Camino Real Specific Plan Draft

COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development

BACKGROUND
The City’s last General Plan Update in 2010 designated the El Camino Real corridor as a Focus Area for the City’s growth, primarily through the development of new midrise (three to five story) residential and mixed-use construction with the goal of transforming the corridor from low-intensity, auto- oriented uses to a more intensive, pedestrian-friendly urban environment. Redevelopment of the corridor is intended to provide new housing capacity while also retaining a significant amount of commercial use. Unlike other General Plan Focus Areas, the General Plan did not require preparation of a Specific Plan for the El Camino Real Corridor, so that new residential development could immediately proceed, helping the City to conform to State Housing Element requirements.

As the housing market recovered in the early 2010s, more than a dozen housing projects moved forward, resulting in the construction of over 1,000 housing units along El Camino Real. As this development was implemented, many community members expressed concerns with the potential impacts of this increased density, including aesthetics, traffic and crowding of services. In response to these concerns, in 2017, the City Council directed staff to prepare the El Camino Real Specific Plan to provide the community with an opportunity to give input and establish more detailed land use policies and design standards for new construction along the corridor. The City selected a consultant, Raimi + Associates, through an RFP process to assist with the preparation of the Specific Plan and appointed a Community Advisory Committee to provide stakeholder input to guide the planning process. Through the community planning process, community members also expressed a desire to modify El Camino Real to add bicycle lanes. The Specific Plan will accordingly provide policy direction for new land development along the El Camino Real corridor, as well as for the future use of the El Camino Real road right-of-way.
2021 Draft Specific Plan
Staff worked with community members and a City Council appointed Community Advisory Committee to prepare an El Camino Real Specific Plan. Elements of the draft Plan, including the proposed land uses and densities, were presented to the City Council for input and direction periodically throughout the planning process, including at a study session in March 2021. A draft Specific Plan, including land uses as recommended by the Community Advisory Committee and consistent with prior Council direction, was presented for City Council adoption at the June 15, 2021 City Council meeting. A key component of the draft Specific Plan would have replaced the two General Plan designations City of Santa Clara Printed on 3/2/2023Page 1 of 4
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currently applied to most properties along the corridor (Community Mixed-Use 20-36 du/ac and Regional Mixed-Use 37-50 du/ac) with three finer-grained, more urban designations (Corridor Residential 16-45 du/ac, Corridor Mixed Use 45-65 du/ac and Regional Commercial Mixed Use “Activity Centers” 55-100 du/ac).

Although the proposed land use plan and land use designations had been previously reviewed and supported by the City Council, at the conclusion of the City Council’s consideration of the item, the Council directed staff to significantly modify the proposed General Plan Land Use Designations for the Specific Plan so that the maximum heights for the three land use designations would be two, three, and four stories, respectively, and to modify the allowed densities to correspond to these heights.

On July 6, 2021, staff returned to the City Council to provide additional information, and possible alternatives, and requested direction on the next steps for the El Camino Real Specific Plan. Staff explained that the revised height limits would likely correspond to significant reductions in land density from what had been studied in the project Environmental Impact Report (EIR) and require additional funding for CEQA analysis. Based upon discussions with the City’s consultant, staff projected that this would require a General Fund appropriation of $200,000 to support preparation of a Vehicle Miles Traveled (VMT) analysis and recirculation of the EIR, economic feasibility analysis, and the rewriting of development standards for the Plan. Staff also explained that several projects that had been waiting to make use of the completion of the Specific Plan CEQA analysis would be delayed while they prepared their own CEQA analysis or wait for the completion of the City’s process.

Staff presented four options for the Council to consider:

1. Proceed with a significant modification of the Specific Plan, including revision to and recirculation of the project EIR, extending the schedule into 2022 and requiring additional budget appropriation.

2. Proceed with an alternative that would significantly reduce the Specific Plan density but not below a density that would allow use of the current EIR;

3. Discontinue preparation of the Specific Plan; or

4. Prepare City initiated CEQA analysis to support pending project applications.

The Council voted to direct staff to proceed with option 1, modification of the Specific Plan to include the height limits as previously directed by the City Council.

During the City Council discussion on July 6, 2021, some Councilmembers indicated that adoption of objective design standards for the El Camino Real corridor continues to be an important City priority and asked staff if there were alternative ways to adopt such standards. Councilmembers also indicated continued support for the removal of on-street parking in order to create bicycle lanes along the corridor.

On September 28, 2021 staff presented to the City Council two alternatives for revisions to the El Camino Real Specific Plan:

1. Preparation of a new Specific Plan based upon the lower densities directed by City Council; or

2. Implementation of the prior City Council direction through a Roadway Plan and Rezoning.

In this presentation, staff explained that further discussions with the City’s consultant and the need to employ a contract planner to oversee the preparation of, essentially, a new Specific Plan would require a budget appropriation of $900,000. Staff suggested that for significantly lower cost, the City City of Santa Clara Printed on 3/2/2023Page 2 of 4
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could achieve the objectives of implementing changes to El Camino Real to add bicycle lanes and the adoption of objective design standards through adoption of a Roadway Plan and rezoning of the El Camino Real properties without adoption of a Specific Plan. At the conclusion of the Council’s discussion, the Council directed staff to proceed with the preparation of the new, reduced density Specific Plan while also continuing to consider the original Specific Plan and to prepare economic feasibility analyses for both alternatives. The City Council did not however, at that time, approve an accompanying amendment to the City’s budget to fund the work. 2022 City Council Action
In June 2022, as part of the adoption of the FY 2023-2024 Capital Improvement Program (CIP) Budget, the City Council approved funding of $1.0 million for staff to proceed with preparation of the reduced density Specific Plan for El Camino Real and directed staff to return to the City Council with alternatives for the scope of the Specific Plan work, including consideration for how to reduce the overall cost.

In September 2022, the City Council directed staff to prepare a significantly modified Specific Plan that retains enough density and elements (e.g., a range of densities that support mixed-use) of the prior Specific Plan so as to be consistent with the prior draft EIR, do an economic study and to include the activity zones with building heights of up to 6 stories as proposed in the 2021 draft Specific Plan, continue consideration of the 2021 draft Specific Plan, and to prepare an economic feasibility analysis of both Plans.

DISCUSSION
In response to the Council action of September 13, 2022, staff worked with consultant Raimi & Associates, Inc. to develop a scope to carry out the direction of the City Council.

As proposed, the attached scope would produce a modified version of the Specific Plan that reduces density, but not below an overall density of 35 units/acre. Raimi & Associates will analyze sites along the corridor that should be redesignated at a lower density (townhomes) based on lot conditions and adjacencies to single-family neighborhoods. This task will result in a revised draft Land Use Map for the corridor with four land use designations:
· Corridor Residential - Townhouse (12-25 du/acre)
· Corridor Residential (26 - 45 du/acre)
· Corridor Mixed-Use (46 - 65 du/acre)
· Regional Commercial Mixed-Use (55 - 100 du/acre)
Because the City Council did not certify the previously prepared Environmental Impact Report (EIR) document in 2021, the revised plan will go through the CEQA process again, including a new Notice of Preparation and the circulation of the EIR. Revisions will focus on changes to the regulatory requirements, changes to the existing conditions, and updates to the analysis. A supplemental traffic impact analysis is also included in the scope.

The cost of this Agreement is $370,371, including a $25,000 contingency, which is below the $1.0 million allocated in the Capital Improvement Project (CIP) Budget. The attached agreement includes a provision to allow for subsequent amendments to the agreement to be executed administratively by City of Santa Clara Printed on 3/2/2023Page 3 of 4
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the City Manager, subject to appropriation of funds.

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
The Capital Improvement Project (CIP) Budget includes a $1,000,000 allocation in the General Government Capital Fund for the El Camino Real Specific Plan project. The $370,371 cost of this agreement will be fully funded by that budget resulting in significant savings with the remaining allocation.

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

RECOMMENDATION

1. Authorize the City Manager to execute the Agreement with Raimi & Associates, Inc. to revise the El Camino Specific Plan Draft for a maximum compensation not to exceed $370,371;

2. Authorize the City Manager to execute amendments to the Agreement including increasing maximum compensation and extending the term as may be required to complete the El Camino Specific Plan, subject to the annual appropriation of funds.

Reviewed by: Andrew Crabtree, Director of Community Development Approved by: Office of the City Manager

ATTACHMENTS

1. Agreement with Raimi & Associates, Inc.

City of Santa Clara Printed on 3/2/2023Page 4 of 4
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Agreement with Raimi & Associates, Inc. Page 1
Rev. 07-01-18
EBIX Insurance No. S200003708

AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
RAIMI & ASSOCIATES, INC.

PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Raimi & Associates, Inc., a California corporation (Consultant). City and Consultant may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

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

The Parties agree as follows:

AGREEMENT TERMS AND CONDITIONS

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

Exhibit A – Scope of Services
Exhibit B – Schedule of Fees
Exhibit C – Insurance Requirements
This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions Agreement with Raimi & Associates, Inc. Page 2
Rev. 07-01-18
of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.

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

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

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

6. COMPENSATION AND PAYMENT
In consideration for Consultant’s complete performance of Services, City shall pay Consultant for all materials provided and Services rendered by Consultant in accordance with Exhibit B, entitled “SCHEDULE OF FEES.” The maximum compensation of this Agreement is three hundred seventy thousand three hundred seventy-one dollars ($370,371), subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall Agreement with Raimi & Associates, Inc. Page 3
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be at Consultant’s expense. Consultant shall not be entitled to any payment above the maximum compensation under any circumstance.

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

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

C. Upon termination, each Party shall assi st the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Consultant will deliver to City all City information or material that Consultant has in its possession.

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

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

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

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

11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed Agreement with Raimi & Associates, Inc. Page 4
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or received by or for Consultant and all other written information submitted to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Consultant which is otherwise known to Consultant or becomes generally known to the related industry shall be deemed confidential.

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

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

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

14. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Cons ultant agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney’s fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner Agreement with Raimi & Associates, Inc. Page 5
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arising from, or alleged to arise in whole or in part from, or in any way connected with the Services performed by Consultant pursuant to this Agreement – including claims of any kind by Consultant’s employees or persons contracting with Consultant to perform any portion of the Scope of Services – and shall expressly include passive or active negligence by City connected with the Services. However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.

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

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

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

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

Agreement with Raimi & Associates, Inc. Page 6
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17. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:

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

And to Consultant addressed as follows:

Alessandra Lundin
Raimi & Associates
1900 Addison Street, Suite 200
Berkeley, CA 94704
and by e-mail at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.

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

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

19. CONFLICTS OF INTEREST
Consultant certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Consultant and that no person associated with Consultant has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Consultant is familiar with the provisions of California Government Code section 87100 and Agreement with Raimi & Associates, Inc. Page 7
Rev. 07-01-18
following, and certifies that it does not know of any facts which would violate these code provisions. Consultant will advise City if a conflict arises.

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

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

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

Agreement with Raimi & Associates, Inc. Page 8
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25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.

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

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

Office of the City Attorney
City of Santa Clara Office of the City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”
RAIMI & ASSOCIATES, INC.
a California corporation
Dated:

By (Signature):

Name:

Title:

Principal Place of
Business Address:

Email Address:

Telephone: ( )
Fax: ( )
“CONSULTANT”
Agreement with Raimi & Associates, Inc. /Exhibit A-Scope of Services Page 1 Rev. 07-01-18

EXHIBIT A

SCOPE OF SERVICES
The Services to be performed for the City by the Consultant under this Agreement are set forth in the attached “Revisions to the El Camino Real Specific Plan Draft” dated February 9, 2023.

Berkeley
1900 Addison St, Suite 200
Berkeley, CA 94704
510.666.1010
Los Angeles
706 South Hill Street, 11th Floor
Los Angeles, CA 90014
213.599.7671 www.raimiassociates.com
Revisions to the El Camino
Real Specific Plan Draft
City of Santa Clara
City of Santa Clara - ECRSP | February 9, 2023

Berkeley
1900 Addison St, Suite 200
Berkeley, CA 94704
510.666.1010
Los Angeles
706 South Hill Street, 11th Floor
Los Angeles, CA 90014
213.599.7671 www.raimiassociates.com
Simran Malhotra, AICP, Assoc. AIA
Principal
[email protected] | 213.599.7671

1. City of Santa Clara - Revisions to the ECRSP | Scope of Work

Dear Ms. Xavier,

On behalf of Raimi + Associates (R+A), we are pleased to submit this proposal for updating the El Camino Real Specific Plan (Specific Plan) and accompanying environmental analysis for the City of Santa Clara . To assist with this project, we are joined by other team members who had worked with R+A on the original Specific Plan project. These team members include:

• Van Meter Williams Pollack (VMWP), Urban Design and Architects • Keyser Marston Associates, Economics and Financial Feasibility • Fehr & Peers, Inc., Traffic Analysis
• David J. Powers & Associates (Powers), Environmental Review

In June 2021, the City of Santa Clara City Council considered and rejected the Draft El Camino Real Specific Plan , directing City staff to significantly modify the document with reduced residential densities and heights across the plan area. After consideration of different options in September 2022, the C ity Council directed staff to revise the Specific Plan to reduce residential densities in selected parts of the plan area. As such, revised Vision, an updated land use map, and modified development and design regulations for development types at the new densities will be prepared. It is our understanding that the transportation improvements identified in the original Specific Plan will not change.

The City Council did not certify the previously prepared Environmental Impact Report (EIR) document in 2021 after completion of the California Environmental Quality Act (CEQA) process. As a result, the revised plan will be required to go through the CEQA process again. No tiering from the previous EIR would be possible because the EIR was not certified. While some of the EIR sections can remain the same, others will need to be updated as described in the attached scope. The traffic study will also need to be revised. The City of Santa Clara Public Works Department staff has suggested that the revised Specific Plan meets the criteria for Transit Supportive Projects and would not require a VMT analysis per the City’s Transportation Analysis Policy.

We expect to work closely with City staff, tapping into their expertise about the community and decisionmaker goals, and the best ways to achieve success. We see City staff as partners in the process and have set up a management and communication process to ensure a high level of collaboration. Please review our proposa l and let us know if you have any questions. We look forward to hearing from you and discussing how we can work together on this exciting project.

Sincerely,

Alessandra Lundin
Associate
[email protected] | 510.944.0161

Berkeley
1900 Addison St, Suite 200
Berkeley, CA 94704
510.666.1010
Los Angeles
706 South Hill Street, 11th Floor
Los Angeles, CA 90014
213.599.7671 www.raimiassociates.com

1. Scope of Work
The following work plan outlines the proposed scope of work. R+A will collaborate with staff to finalize the scope of work and schedule. The work plan assumes a 12-month process.

Task 1: Project Initiation & Management
Task 1.1 - Project Kick Off Meeting
R+A will attend a an in-person kick-off meeting with City staff to establish a mutual understanding of what has occurred since the plan was put on hold, discuss expectations, and lay out project milestones, meeting times, public workshops, and deliverables.

Task 1.2 - Monthly Conference Calls / Project Coordination R+A will hold monthly conference calls with staff to discuss project coordination and content topics , approximately one hour each. R+A’s project manager or a designated representative will be on each call. R+A will maintain an online document outlining agendas and meeting notes.

Task 1 Deliverables
• Agenda and action notes for one (1) kick-off meeting with staff • Agendas and action notes for monthly conference calls (R+A: ~12+ meetings)

Task 2: Background Analysis
Task 2.1 - Data Gathering and Review
R+A will gather data and analyze existing documents and plans, including recent policy guidance from the PC/CC and recently approved/constructed residential and mixed-use projects along the corridor. City staff will provide R+A with all existing documents that would be useful during the evaluation phase.

Task 2.2 – Site Analysis + Land Use Map Revisions
R+A will analyze sites along the corridor that should be redesignated at a lower density (townhomes) based on lot conditions and adjacencies to single-family neighborhoods. This task will result in a revised draft Land Use Map for the corridor with four land use designations:
• Corridor Residential – Townhouse (12-25 du/acre)
• Corridor Residential (26 – 45 du/acre)
• Corridor Mixed-Use (46 – 65 du/acre)
• Regional Commercial Mixed-Use (55 – 100 du/acre)
Task 2.4 – Staff Working Session #1
R+A will prepare for and attend a virtual working session with appropriate City departments and staff to review and solicit comments on the site analysis and Draft Land Use Map . The goal of the meeting will be to review and confirm the Draft Land Use Map and discuss the framework Specific Plan revisions.

Proposal for City of Santa Clara El Camino Real Specific Plan Revisions

raimi + associates
4 Task 2 Deliverables
• Draft Land Use Map

Task 3: Public Outreach
Task 3.1 –Project Website Updates
In preparation for init ial engagement with residents and stakeholders, R+A will prepare updates to the ECRSP project website communicating status of the project and next steps. The content will be added to the City-run website for the project.

Task 3.2 – CAC Meeting
R+A will conduct one meeting with the ECRSP Community Advisory Committee (CAC) to discuss the current status of the Specific Plan, framework plan revisions, and the Draft Land Use Map . The intent is to identify the most critical concerns and gather feedback and recommendations from the CAC on the proposed changes to the ECRSP. City staff is responsible for scheduling and logistics. Virtual attendance is assumed.

If requested, as an optional task, R+A can conduct an additional CAC meeting later in the project to get additional feedback.

Task 3.3 – Public Outreach
R+A will prepare for and facilitate one community -wide workshop to understand the key issues and concerns along the corridor and gather feedback on the Draft Land Use Map and framework plan revisio ns. Feedback received from the CAC and community workshop will be used to refine the Land Use Map and framework plan revisions. City staff will be responsible for scheduling, logistics and providing additional staff facilitators.

Task 3 Deliverables
• Project Webpage Updates
• CAC Meeting
• Community Workshop

Task 4: Draft Specific Plan Revisions
Task 4.1 – Prototype Sites/Building Test Fits (+1 set of revisions) Based on the sites analysis conducted by R+A in Task 2.2, VMWP will create one (1) additional site test/building prototype for townhomes. Additionally, VMWP will revise the original Corridor Mixed Use site test/prototype. The site tests will include 3D massing models and plans that will be based on typical building prototypes for townhomes in Santa Clara. The site tests will be used to identify potential issues and provide staff and stakeholders with examples of how the standards comprehensively apply to building design. The site tests will be used in Task 4.2. Following feedback from City staff, VMWP will make one (1) round of revisions to the site tests.

Proposal for City of Santa Clara El Camino Real Specific Plan Revisions ra
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Site Test Example | Milpitas, CA
Task 4.2 Feasibility Analysis
Keyser Marston Associates will use the test fits/prototypes developed in Task 4.1 to conduct a feasibility/proforma analysis for lower -density townhome development along the corridor. As part of this task, they will update the feasibility analysis conducted previously for the existing three la nd use designations/building prototypes in the Specific Plan to reflect current construction costs. This task assumes a limited comparison of the townhome prototype to another prototype and not broader analysis of the feasibility of the entire Corridor.

Task. 4.3 – Staff Working Session #2
R+ will prepare for and attend a virtual working session with appropriate City staff to review and solicit comments on the Site/Building Prototypes and Feasibility Analysis . The discussion will help R+A to develop the Framework Plan Revisions in Task 4.4.

Task 4.4 – Framework Plan/Recommended Changes Memo
Based on the test fits and feasibility analysis and Staff direction, R+A will develop a framework for the recommended Specific Plan revisions and document them in memo form. The framework plan/memo will identify and summarize key revisions needed in each chapter of the Specific Plan, including the V ision, Land Use Map/proposed land use designations, development standards, and recommended revisions/additions to objective design standards. It is assumed that no revisions will be necessary to Chapter 5 – Transportation and Public Space or Chapter 6 – Implementation. R+A will produce a first draft of the framework plan/memo. Any City comments will be incorporated in the preparation of the Administrative Draft Specific Plan .

Task 4.5 – PC/CC Study Sessions
R+A will prepare for and present at Planning Commission and City Council Study Sessions (1 each) to provide an update on project, review feedback gathered from the community and CAC, and present the framework/recommended plan revisions. The feedback received will guide the development of the Administrative Draft Specific Plan Revisions (Task 4.6). Virtual attendance is assumed.

Task 4.6 Administrative Draft Specific Plan Revisions
R+A will produce an Administrative Draft of the Specific Plan revisions . Standards will reflect the proposed four land use designations/building typo logies. R+A will prepare any necessary map changes and new graphic illustrations and provide images to represent and explain new standards.

The Administrative Draft will be in Word format. The Admin Draft will be used to receive feedback from the City on the initial/draft revisions to the Plan. The City will provide one consolidated set of actionable comments to R+A.

Upper Massing
Stepback
Variat ion In
Fenestration
Variation in Roof/
Build ing Height
Build ing Lengt h
(?) l'X?OS')
Proposal for City of Santa Clara El Camino Real Specific Plan Revisions

raimi + associates
6 Task 4.7 – Screencheck Draft Specific Plan Revisions
R+A will incorporate Staff edits from Task 4.6 to create the Screencheck Draft Specific Plan in InDesign. This task assumes that Staff will review and provided limited feedback on the Screencheck Draft related to formatting and minor fixes, but that no new content will be added at this point.

Task 4.8 – Public Review Draft Specific Plan Revisions
R+A will review the consolidated feedback from City staff on Screencheck Draft Specific Plan and make all necessary updates to prepare the Public Review Draft Specific Plan.

Task 4.9 – PC/CC Study Sessions (2)
R+A will prepare for, present, and solicit comments on the Public Review Draft Standards at Planning Commission and City Council Study Sessions (1 each). Feedback received will be incorporated in the Final Specific Plan. Virtual attendance is assumed.

Task 4 Deliverables
• Site Tests/Prototypes (Up to 2)
• Feasibility Analysis (Up to 2)
• Framework Plan/Proposed Changes Memo
• Administrative Draft Specific Plan Revisions
• Screencheck Draft Specific Plan Revisions
• Public Review Draft Specific Plan Revisions
• (1) Staff Working Sessions
• (2) PC + CC Study Sessions (1 each)

Task 5: Environmental Review
Task 5.1 – CEQA Analysis
The City Council did not certify the previously prepared Environmental Impact Report (EIR ) document in 2021 after completion of the California Environmental Quality Act (CEQA) process. As a result, the revised plan will be required to go through the CEQA process again. No tiering from the previous EIR would be possible because the EIR was not ce rtified. The Planning Department, in consultation with the City Attorney’s Office, will need to determine in a new Notice of Preparation (NOP) and scoping process would be required. At a minimum, the EIR will need to be revised and recirculated and a new Final EIR which responds to comments on the recirculated document will need to be prepared.

The EIR is a Program EIR, meaning subsequent environmental review for future projects will be required.

Mitigation measures have been identified to guide future CEQA analyses. As a result, not all resource sections of the EIR will need to be revised as the changes to the plan would not change the mitigation requirements or the conclusions of the EIR.

Revisions will focus on changes to the regulatory requirements, changes to the existing conditions, and updates to the analysis (including incorporation of the text edits identified in the Final EIR). Based on a review of the EIR, David Powers’ recommends revisions to the following resource sections:
• Aesthetics (update to setting section and recommend simplifying analysis pursuant to Senate Bill 743) • Air Quality (operational only – based on trip generation estimates) • Energy (adoption of REACH Code needs to be addressed) Proposal for City of Santa Clara El Camino Real Specific Plan Revisions

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• Greenhouse Gas Emissions (Consistency with new Climate Action Plan and 2030 requirements) • Land Use
• Population and Housing (update per changes in residential units) • Public Services (update per changes in residential units) • Recreation (update per changes in residential units)
• Transportation (see below)
• Tribal Cultural Resources (tribal consultation will be required) • Utilities and Service Systems (update per changes in residential units, City needs to determine if a new Water Supply Assessment would be required)
With regard to transportation, the traffic analysis was completed around the time the City adopted their new transportation policy and focused heavily on Level of Service (LOS) as well as vehicle miles traveled (VMT). The City of Santa Clara Public Works Department has noted that the revised Specific Plan meets the criteria for Transit Supportive Projects and would not require a VMT analysis per the City’s Transportation Analysis Policy. The City has determined that the previous LOS analysis is no longer accurate and an updated traffic report will be required.

As such, Tasks 5.2-5.3 reflect the update to the traffic report.

Revisions to operational air quality and energy estimates are included in this scope.

The alternatives analysis may also require revisions, but we do not anticipate the need to identify and analyze new alternatives. Lastly, a new Final EIR would be required which addresses comments received on the circulated EIR and the Mitigation Monitoring and Reporting Plan (MMRP) would need to be revised if new mitigation is identified. Th is scope does not include reproduction of any hard copies of the environmental documents but assumes all documents would be electronic.

Task 5.2 – Supplemental Traffic Impact Analysis
Consistent with the City’s Transportation Analysis Policy, projects are required to evaluate and disclose transportation environmental impacts by measuring vehicle miles traveled (VMT) per the California Environmental Quality Act (CEQA) and by evaluating level of service (LOS) as an operational measure of intersection efficiency for consistency with the City General Plan. The following scope has been developed following guidelines from the City of Santa Clara and the Santa Clara Valley Transportation Authority’s (VTA) Transportation Impact Analysis Guidelines (adopted October 2014).

The LOS analysis addresses the City’s General Plan policy for evaluating LOS as an operational measure of intersection efficiency. Since this is a supplemental analysis to the 2020 TIA, our proposed scope of work only addresses elements that would substantially change with the updated project description.

Analysis Locations
The November 2020 TIA included 55 study intersections. This scope of work is based on an analysis of the 16 intersections that were identified to operate at or above their respective LOS threshold under Cumulative No Project scenario in the November 2020 TIA:
• El Camino Real / San Tomas Expressway (VTA/LOS E)
• El Camino Real / Harrison Street (Santa Clara/LOS D)
• Lawrence Expressway / Southbound US 101 (VTA/LOS E
• Lawrence Expressway / Arques Avenue (VTA/LOS E)
• Lawrence Expressway / Kifer Road (Santa Clara County/LOS E) • Lawrence Expressway / Monroe Street (VTA/LOS E)
• Lawrence Expressway / Benton Street (Santa Clara County/LOS E) • San Tomas Expressway / Mission College Boulevard (VTA/LOS E) Proposal for City of Santa Clara El Camino Real Specific Plan Revisions

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• San Tomas Expressway / Homestead Road (VTA/LOS E)
• Bowers Avenue / Central Expressway (VTA/LOS E)
• Kiely Boulevard / Benton Street (Santa Clara/LOS D)
• Kiely Boulevard / Homestead Road (Santa Clara/LOS D)
• Scott Boulevard / Walsh Avenue (Santa Clara/LOS D)
• Scott Boulevard / Central Expressway (VTA/LOS E)
• Scott Boulevard / Harrison Street (Santa Clara/LOS D) • San Tomas Expressway / Pruneridge Avenue (Santa Clara County/LOS E)

Analysis Scenarios. Based on City input, the operations of the study intersections will be evaluated during the weekday morning (AM) and weekday evening (PM) peak hours for the following scenarios:

Scenario 1: Existing Conditions – Existing volumes obtained from counts.

Scenario 2: Background No Project Conditions – Existing volumes plus traffic from “approved but not yet built” and “not occupied” developments in the area. The transportation networks will be updated to include fully funded transportation improvements based on City guidance.

Scenario 3: Background Plus Project Conditions – Scenario 2 volumes plus traffic generated by the updated project description, as well as any transportation network modifications proposed by the Project.

Scenario 4: Cumulative No Project Conditions – Cumulative year 2040 forecasts based on the City’s most recent travel demand forecasting (TDF) model. The analysis will include planned transportation improvements based on City guidance.

Scenario 5: Cumulative Plus Project Conditions – Scenario 4 volumes plus traffic generated by the proposed project, as well as any transportation network modifications proposed by the Project.

For each scenario, Fehr & Peers will update the data and analysis to reflect current conditions, including new intersection counts, updated approved project list and model runs, and inclusion of planned transportation improvements as follows:

Trip Generation Estimates and Finalized Scope of Work. Under this task, Fehr & Peers will develop vehicle trip generation estimates, along with trip distribution and trip assignment for the proposed project using the City of Santa Clara’s TDF model. This task assumes the City will provide Fehr & Peers a copy of their base year and future year model for use. Fehr & Peers assumes that they can use the TDF model as-is, and that the model does not require additional validation and testing. Fehr & Peers will prepare a separate scope and budg et amendment if the TDF model requires any updates, validations, or testing.

Our initial project vehicle trip generation estimates, distribution pattern, and assignment will be submitted to City staff for review and will be refined to respond to their com ments. The VTA Auto Trip Reduction Statement (Appendix C in the VTA TIA Guidelines) will be completed and provided as an attachment to the TIA report.

Data Collection. The study area includes major intersections near the corridor. Data requirements for the study area are listed below:
• Recent morning (7:00 to 9:00 AM) and evening (4:00 to 6:00 PM) peak period intersection counts (including pedestrian, bicycle, and vehicular turning movement volumes). This scope includes the collection of intersection turning movement counts at all 16 intersections for the AM and PM peak hours.
• Existing and planned roadway geometries and traffic controls.

Proposal for City of Santa Clara El Camino Real Specific Plan Revisions

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• Existing and planned transit service and facility descriptions. • Existing and planned pedestrian and bicycle facility descriptions. • List of approved development projects to account for local growth in the area. We assume the City will provide a list of nearby developments in Santa Clara. We will contact adjacent jurisdictions to determine if any of their approved developments would add vehicle trips to the study intersections.

The physical characteristics of the roadways within the study area will be reviewed to identify existing roadway cross-sections, intersection lane configurations, and traffic control devices. Surrounding land uses, and the locations of pedestrian, bicycle, and transit facilities will also be observed during the field visits. Existing intersection operations will be observed during the AM and PM peak periods to verify and/or explain calculated levels of service.

Existing Conditions. Fehr & Peers will use the level of service (LOS) method approved by VTA and the City of Santa Clara—currently based on the Highway Capacity Manual 2000—to analyze the study intersections. Operations of the study intersections will be evaluated for mid -week AM and PM peak hours with level of service calculations using TRAFFIX analysis software.

Background Conditions. Traffic projections for approved developments will be obtained from City staff or estimated using ITE trip generat ion rates to account for local growth in the area. These local projections will be added to the existing volumes to estimate traffic volumes for Background Conditions. Planned and funded roadway and intersection improvements associated with the approved projects will be included in the analysis.

AM and PM peak hour level of service calculations will be conducted to evaluate the operating levels of the study intersections.

Background Plus Project Conditions. The project trip estimates developed in Task 1 wi ll be added to the background traffic volumes developed in Task 4 to represent Background Plus Project Conditions. Calculations will be conducted to estimate the LOS of the study intersections during the AM and PM peak hours after completion of the proposed Specific Plan.

Cumulative Conditions. To forecast Cumulative No Project volumes, Fehr & Peers use forecasts from the City’s TDF model for the year 2040. The project trip estimates developed earlier in the process will be added to the Cumulative No Project volumes to represent Cumulative Plus Project Conditions. AM and PM peak hour level of service calculations will be conducted to evaluate the operating levels of the key intersections.

Multimodal Access. Fehr & Peers will evaluate the multimodal access of the updated Specific Plan to assess whether adequate vehicle access, as well as direct pedestrian and bicycle facilities and connections, are provided between the sites and public rights-of-way. Similarly, Fehr & Peers will review the site plan to assess linkages with existing and potential future transit stops. This task will also include an evaluation of the project’s proposed vehicle and bicycle parking supply and location based on City and VTA standards.

Other Operational Analysis. As part of this task, Fehr & Peers will evaluate the project’s effects on left -turn queues. VTA typically also requires transit vehicle delay analysis, but since this is a supplemental analysis and the study intersections are generally distributed through a larger analysis area, transit delay analysis has not included in this scope of work.

Left-Turn Queuing Analysis. Per the VTA TIA Guidelines , a morning and evening left -turn queuing evaluation is required for only the Background Conditions analysis and will not be conduc ted for Cumulative Conditions. We will compare the 95
th percentile queues from TRAFFIX output (from Task 4 and 5) between the No Project and Plus Project scenarios. This analysis will be conducted for up to ten movements at locations where the project adds enough traffic that available storage may need to be modified.

Proposal for City of Santa Clara El Camino Real Specific Plan Revisions

raimi + associates
10 Significant Impacts and Mitigation Measures. The results of the level of service calculations for the “No Project” scenarios will be compared to the corresponding “Plus Project” results for Background and Cumulative Conditions to identify adverse effects at the study locations.

Feasible improvement measures will be identified for locations with adverse intersection impacts. Feasible improvement measures are those that can be constructed within the existing right-of-way or that require minimal right-of-way acquisition, such as minor intersection lane additions and restriping. Modifications to intersection operations, including changes to signal phasing and timing, will also be considered. If more substantial capacity enhancements are needed, they will be identified, and the project’s fair-share traffic contribution (in terms of peak hour traffic volumes) will be calculated. The draft improvement measures will be shared with City staff prior to submittal of the administrative draft of the transportation impact analysis report. This scope of work includes the development of planning level cost estimates for proposed physical improvements for up to five improvement measures.

The effect of the project and required improvement measures on transit, bicycle, and pedestrian facilities will be evaluated in terms of conflicts with existing or planned facilities or creation of hazardous conditions for bicyclists or pedestrians. Additionally, secondary impacts to bicycle and pedestrian facilities, as well as transit vehicle delay, will be evaluated for the proposed mitigation measures per VTA TIA Guidelines .

Documentation. Fehr & Peers will document their findings in a report that will include text, graphics, and tables to describe study analysis methods and results, the potential effects of the proposed project, and corresponding improvement measures. Fehr & Peers will submit the Administrative Draft TIA report and Appendix in electronic format for review by the City. This scope assumes up to 20 staff hours to respond to all comments on the Administrative Draft TIA report and prepare the Draft TIA.

Meetings. The scope of work includes Fehr & Peers attendance at one project meeting. Calls and meetings with staff, R+A and EIR consultant are included. Attendance at additional project meetings or any public hearings or community meetings will be determined by receipt of written authorization and billed on a time-and-materials basis.

Task 5.3 – Intersection Counts
Fehr & Peers will coordinate the collection of traffic counts.

Task 5.4 – Growth Projections
R+A will update the growth projection developed as a part of the original project to reflect the updated densities/land uses. The growth projections will be the basis for the revised analysis for the traffic and environmental analyses described in Tasks 5.1-5.3.

Task 5 Deliverables
• Revised TIA
• Traffic counts
• Revised EIR and recirculation
• Growth projections memo

Proposal for City of Santa Clara El Camino Real Specific Plan Revisions

raimi + associates
11 Task 6: Adoption + Final Documents
Task 6.1 – PC/CC Hearings
R+A will present final documents and prepare all required visual aids, printed material, and make formal public presentations at up to (1 ) Planning Commission hearing and (1) City Council hearing to support adoption of the Revised ECR Specific Plan. Virtual attendance is assumed.

Task 6.2– Final Plan
R+A will review the consolidated feedback from the City following the PC/CC Hearings and make all necessary updates to the ECRSP and prepare the final documents for reproduction and dissemination. R+A will provide the City with an InDesign package of the Specific Plan files and jpg versions of all diagrams and/or photographs used in the documents. A certain number of hours are budgeted for this task. If the level of effort exceeds the budgeted hours, a contract amendment may be required.

Task 6 Deliverables
• Final Documents (InDesign package and associated graphics) Scope of Work Assumptions
• The scope indicates which meetings will be held virtually. • The scope of work assumes any notification to property owners based on the plan land use changes will be handled by the City of Santa Clara.
• The City of Santa Clara will provide R+A with an editable version (Word documents) of any requested documents.
• The City will provide R+A with updated ArcGIS Shapefiles with accurate parcel-based zoning and General Plan data which will serve as the basis for the project. • All tasks are budgeted with an allowance for number of hours which assume level of effort that is consistent with industry best practices and standards.
• The City will provide comments on all draft documents electronically in Word. This will include one set of non-conflicting comments that provide clear direction for the consultant team. • Additional services that are beyond the scope of the traffic scope include, but are not limited to, evaluating additional study locations or project descriptions, preparing conceptual designs of improvements measures, responding to comments requiring more than the designated number of staff hours, and attending any public hearings.

Proposal for City of Santa Clara El Camino Real Specific Plan Revisions ra
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Cost Proposal
The Raimi + Associates team’s cost proposal for preparing the revised El Camino Real Specific Plan is $370,371 including contingency. The cost proposal includes a breakdown of the anticipated personnel hours for each task by billing rate category, and non-labor direct costs (travel, printing, etc.) and markups. A contingency amount of $25,000 has been included for any unforeseen tasks that may arise during the course of the project.

Agreement with Raimi & Associates, Inc./Exhibit B-Schedule of Fees Page 1 Rev. 07-01-18

EXHIBIT B

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

Consultant will invoice City in accordance with the tasks, rates, hours, and other costs identified on the attached “Proposal Budget: Revisions to the Santa Clara El Camino Real Plan” dated February 9, 2023.

The total payment to the Consultant for basic services shall not exceed $345,371.

Subject to written permission by the City, Consultant shall be able to invoice up to an additional $25,000 in contingency funds. In no event shall the amount billed to the City by Consultant for services under this Agreement exceed three hundred ninety-nine thousand three hundred dollars ($370,371).

City of Santa Clara
Keyser Marston VMWP F&P Powers ODCs Total
Principal Project
Manager Senior Associate
Senior
Planner /
Designer
Intermediate
Planner
Malhotra Lundin Sensenig Williams Zayas del Rio
$275 $210 $220 $180 $170
1 Task 1: Project Management

1.1 Project Kick Off Meeting 2 2 2 6 1,330$ -$ -$ -$ -$ 40$ 1, 370$

1.2 Monthly Conference Calls/Project Coordination 16 32 48 11,120$ -$ -$ -$ -$ 334$ 11,454$ Subtotal Task 1 18 34 0 2 0 54 12,450$ -$ -$ -$ -$ 374$ 12,824$ 2 Task 2: Background Analysis

2.1 Data Gathering and Review 2 8 8 18 3,590$ -$ -$ -$ -$ 108$ 3, 698$

2.2 Site Analysis and Land Use Map Revisions 4 24 30 58 11,240$ -$ -$ -$ -$ 337$ 11, 577$

2.3 Staff Working Session #1 4 4 4 12 2,620$ -$ -$ -$ -$ 79$ 2, 699$ Subtotal Task 2 10 36 0 0 42 88 17,450$ -$ -$ -$ -$ 524$ 17,974$ 3 Task 3: Outreach and Meetings

3.1 Project Webpage Updates 4 4 8 16 2,920$ -$ -$ -$ -$ 88$ 3, 008$

3.2 CAC Meeting 4 8 4 12 28 5,540$ -$ -$ -$ -$ 166$ 5, 706$

3.3 Community Workshop 8 30 30 30 98 19,000$ -$ -$ -$ -$ 570$ 19, 570$ Subtotal Task 3 12 42 0 38 50 142 27,460$ -$ -$ -$ -$ 824$ 28,284$ 4 Task 4: Draft Specific Plan Revisions

4.1 Prototype Sites/Building Test Fits 6 12 18 4,170$ -$ 10, 000$ -$ -$ 625$ 14, 795$

4.2 Feasibility Analysis 6 12 18 4,170$ 10, 000$ -$ -$ -$ 625$ 14, 795$

4.3 Staff Working Session #2 4 4 4 4 16 3,340$ -$ -$ -$ -$ 100$ 3, 440$

4.4 Framework Plan/Recommended Changes Memo 6 20 4 12 42 8,890$ -$ -$ -$ -$ 267$ 9, 157$

4.5 PC/CC Study Sessions (2) 6 16 8 30 6,370$ -$ -$ -$ -$ 191$ 6, 561$

4.6 Admin Draft Plan Revisions 24 80 8 40 32 184 37,800$ -$ -$ -$ -$ 1, 134 $ 38, 934$

4.7 Screencheck Draft Plan 4 26 20 50 9,960$ -$ -$ -$ -$ 299$ 10, 259$

4.8 Public Review Draft Plan 4 24 24 12 64 12,500$ -$ -$ -$ -$ 375$ 12, 875$

4.9 PC/CC Study Sessions (2) 6 16 8 30 6,370$ -$ -$ -$ -$ 191$ 6, 561$ Subtotal Task 5 66 210 12 80 84 452 93,570$ 10,000$ 10,000$ -$ -$ 3,807$ 117,377$ 5 Task 5: Environmental Analysis

5.1 CEQA Analysis 8 24 32 7,240$ -$ -$ -$ 61, 980$ 3, 316$ 72, 536$

5.2 Supplemental TIA 4 12 3,620$ -$ -$ 61,000$ -$ 3,159$ 67,779$

5.3 Intersection Counts -$ -$ -$ 8,000$ -$ 400$ 8,400$

5.4 Growth Projections 6 24 30 6,690$ -$ -$ -$ -$ 201$ 6, 891$ Subtotal Task 6 18 60 0 0 0 62 17,550$ -$ -$ 69,000$ 61,980$ 7,076$ 155,606$ 6 Task 6: Adoption and Final Documents

6.1 PC/CC Hearings (1 PC/ 1 CC) 6 16 8 30 6,370$ -$ -$ -$ -$ 191$ 6,561$

6.2 Final Plan 2 12 8 12 34 6,550$ -$ -$ -$ -$ 197$ 6,747$ Subtotal Task 7 8 28 0 8 20 64 12,920$ -$ -$ -$ -$ 388$ 13,308$ Budget Total 132 410 12 128 196 862 181,400$ 10,000$ 10,000$ 69,000$ 61,980$ 12,991$ 345,371$ Contingency 25,000$
GRAND TOTAL 370,371$
Notes:
1 Direct costs for sub-consultant management fee (5% of Sub Consultant Fee) $7,549 2 Direct costs for office expenses (3% of R+A) $5,442
3 Traffic Counts (included in F&P budget)
Proposal Budget: Revisions to the Santa Clara
El Camino Real Plan
Labor Costs Total Fee
Tasks Labor
Total Labor
CostsTotal HoursTask DescriptionTask
#
Raimi + Associates
Other Direct
Costs
(See Notes)
Labor Costs Labor Costs Labor Costs
February 9, 2023
... .-, raimi+
as-associates
Agreement with Raimi & Associates/Exhibit C-Insurance Requirements Page 1 Rev. 07-01-18

EXHIBIT C

A. COMMERCIAL GENERAL LIABILITY INSURANCE

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

2. Exact structure and layering of the co verage 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 appl y 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 separatel y to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.

Agreement with Raimi & Associates/Exhibit C-Insurance Requirements Page 2 Rev. 07-01-18
C. WORKERS’ COMPENSATION

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 S anta 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. Ea ch 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 Raimi & Associates/Exhibit C-Insurance Requirements Page 3 Rev. 07-01-18
b. Each insurance policy shall c ontain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non- renewal.

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

3. The City reserves the right to wit hhold 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, Agreement with Raimi & Associates/Exhibit C-Insurance Requirements Page 4 Rev. 07-01-18
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.

EBIX Inc.

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

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

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-187 Agenda Date: 3/7/2023

REPORT TO COUNCIL

SUBJECT
Action on Agreement to Fund up to $266,000 for Modernization and Repair of an Aging Elevator at the Bill Wilson Safety Net Shelter at 3490 The Alameda in Santa Clara

COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development

BACKGROUND
The City of Santa Clara maintains a Consolidated Plan in conformance with requirements of the United States Department of Housing and Urban Development (HUD) which directs the City’s use of funds allocated to the City by HUD. On April 19, 2022, the Housing and Community Services Division released a capital project Notice of Funding Availability (NOFA) for HUD Community Development Block Grant (CDBG) funds to address the City’s Consolidated Plan goals of Public Facility Improvements and Affordable Housing. Up to $642,000 was made available in the NOFA for Capital Improvement Projects - Public Facilities, and up to $826,500 for Capital Improvement Projects - Affordable Housing.

Capital Improvement Projects for low/moderate income housing include, but are not limited to, improvements to multi-family affordable housing and single-family housing owned by non-profits that serve a special needs population. Non-housing Capital Improvement Projects for public facilities open to the public include, but are not limited to, improvements to non-profit facilities that serve low/moderate income residents and city infrastructure improvements. Low/moderate income as applied to CDBG programs is generally defined as households with an income below 80% of Area Median Income as adjusted by HUD for household size.

DISCUSSION
The City received responses to the NOFA which were prioritized according to cost/benefit, project size and the significance of the need. Staff is proposing to proceed with modernization of the elevator at the Bill Wilson Center (Center) as a project necessary to improve ADA access.

The Bill Wilson Center operates a 24-hour facility that takes in at-risk youth for up to 90 days using the Safety Net Shelter system. The Center needs a variety of renovations, including the elevator system that has not been updated since the Center opened in 1993. The manufacturer of the existing elevator went out of business 20 years ago and a modernization project is needed to maintain ADA compliance and access and to keep the facility operating safely. The elevator modernization project will replace the control system, improve emergency communication equipment, add new door panels, add new shaft equipment, add new hydraulic equipment, add new power unit, add a new jack unit, and other improvements.

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23-187 Agenda Date: 3/7/2023
The Bill Wilson Center has requested up to $266,000 to complete this project. The organization will be required to sign a five-year use agreement to ensure that the building continues to serve low- income residents for at least that period. This capital project is projected to serve approximately 200 clients per year or 1,000 clients over five years. If the building is sold or used for an ineligible activity before the five-year period ends, the funds must be repaid to the City. Please reference Attachment 1 to see a draft agreement for this project.

ENVIRONMENTAL REVIEW
The action being considered qualifies as a Categorical Exemption per the California Environmental Quality Act (CEQA) section 15301 (e)(1), Existing Facilities in that the project is limited to the replacement of an existing elevator.

FISCAL IMPACT
This capital project will be funded using federal HUD Community Development Block Grant (CDBG) entitlement funds.

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

ALTERNATIVES

1. Authorize the City Manager’s Office to execute an agreement with Bill Wilson Center to fund up to $266,000 for the modernization and repair of an aging elevator at the Bill Wilson Safety Net Shelter at 3490 The Alameda in Santa Clara, subject to the availability of CDBG funds.

2. Decline to fund the project.

RECOMMENDATION
Alternative 1:Authorize the City Manager’s Office to negotiate and execute an agreement with Bill Wilson Center to fund up to $266,000 for the modernization and repair of an aging elevator at the Bill Wilson Safety Net Shelter at 3490 The Alameda in Santa Clara, subject to the availability of CDBG funds.

Reviewed by: Andrew Crabtree, Director, Community Development Approved by: Office of the City Manager

ATTACHMENTS

1. Draft Capital Project Agreement
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23-187 Agenda Date: 3/7/2023
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BWC- Safety Net Shelter Elevator Replacement

CONTRIBUTION AGREEMENT

SUMMARY PAGE

Agency: Bill Wilson Center

Project: Capital Improvement – Elevator Replacement

Description: The BWC is a 24-hour facility staffed around the clock that takes in at-risk youth using the Safety Net Shelter system for up to 90 days if necessary. The center needs crucial renovations, including the center elevator system that has not been updated since its opening in 1993. As the elevator manufacturer went out of business 20 years ago and ADA compliance is of the utmost priority, a modernization project is paramount for continued operation and safety at the center. The scope of work will encompass elevator modernization and improvements to the electrical, machine room, hoist away, and fire service systems.

Funding Source: Community Development Block (CDBG) – CDFA #14.218

Grant Number: B-22-MC-06-0022 Project No.: CDI-22-C01

Total Grant Award: $266,000 (Not to Exceed)

Agreement Term: Start Date: 01/01/2023 End Date: 04/30/2024

Use Restriction Term: Start Date: 01/01/2023 End Date: 04/30/2029

PARTIES TO AGREEMENT:

ORGANIZATION CITY OF SANTA CLARA
Organization Name: Bill Wilson Center Housing & Community Services Division
Address for Legal
Notice (city/state/zip)
3490 The Alameda
Santa Clara, CA 95050
1500 Warburton Avenue
Santa Clara, CA 95050
Attention: Sparky Harlan
Chief Executive Officer
Adam Marcus
Housing Division Manager
Email Address: [email protected] [email protected] Telephone No.: (408) 243-0222 (408) 615-2491
Tax ID 94-2221849
Federal Unique ID #
Type of Entity: 501 (c) 3 public benefit corp.

State of Incorporation
or Residency:

California
Ebix Insurance # S200000901

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CONTRIBUTION AGREEMENT

BY AND BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA

AND BILL WILSON CENTER

This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Bill Wilson Center , a California non- profit corporation, (“Organization”) City and Organization may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
A. City desires to secure the services more fully described in this Agreement, at Exhibit A, entitled “Scope of Works and Performance”.

B. Organization represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses, and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.

The Parties agree as follows:

AGREEMENT PROVISIONS

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

Exhibit A: Scope of Work and Performance Measures
Exhibit B: Budget Summary and Payments Requirements
Exhibit C: Insurance Requirements
Exhibit D: Special Grant Conditions
Exhibit E: Ethical Standards and Affidavit of Compliance Exhibit F: MBE/WBE Guidelines
Exhibit G: Section 3 Guidelines
Exhibit H: Use Restriction Agreement
Exhibit I: Promissory Note
Exhibit J: Deed of Trust

2 C:\Granicus\Legistar5\L5\Temp\b3922cd6-1b5f-46df-9c39-534e51c46e1e.docx This Agreement, including the Exhibits set forth above, contains all the Agreement’s, representations and understandings of the Parties, and supersedes and replaces any previous Agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.

2. FUNDING AND APPROPRIATION
Pursuant to the provisions of Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93- 383, the City has received Community Development Block Grant funds (“CDBG”) from the United States Department of Housing and Urban Development (“HUD”) as an entitlement. From the CDBG grant funds, City has appropriated an amount not to exceed Two Hundred Sixty-Six Thousand Dollars ($266,000) (“CDBG Funds”), subject to budget appropriations, to be given to Organization.

Upon Organization’s compliance with the terms and conditions of this Agreement, City will contribute to Organization the amount set forth in this Section. The Grant Funds shall not be used for any other purpose than to pay expenses (or if said expenses have already been paid by Organization, then for reimbursement of same to Organization) related to the purpose of the Grant, as set forth in Exhibit A. None of the City’s Contribution will be used to pay for any expenses of Organization incurred before the start of the Term of Agreement. All work performed or materials provided in excess of the maximum compensation or work performed or materials provided that are deemed ineligible shall be at the Organization’s expense

3. TERM OF AGREEMENT
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on January 1, 2023, and terminate on April 30, 2024.

The City reserves the right at its sole discretion, and subject to funding and City Council appropriation, to extend the term of this Agreement Unless otherwise mutually agreed upon by the Parties, the Scope of Services (Exhibit A) shall remain the same under any extension of the Agreement.

4. PROPERTY USE RESTRICTIONS
A. Use Restriction.

The Organization must execute the 5- year use agreement, attached hereto as Exhibit H, restricting the use of the property where the Project is located. The Use A greement shall impose restrictions commencing on April 30, 2024 a nd terminating on the 5th anniversary of the end date of the Grant. The Organization agrees to record this Use Restriction against the property where the Project is located upon written request of City.

3 C:\Granicus\Legistar5\L5\Temp\b3922cd6-1b5f-46df-9c39-534e51c46e1e.docx The Organization agrees that improvements shall be used to provide services for low-income persons. The Organization agrees to maintain the use in accordance with all applicab le CDBG program requirements for the term of this Use Restriction. The Grant Award is conditioned upon the Organization maintaining the CDBG-use for a period not less than five (5) years.

The Organization hereby warrants, represents, and agrees that it shall not interfere with, terminate or otherwise discontinue CDBG -use during the term of this Use Agreement . If Organization terminates or otherwise suspends the CDBG-use during the five (5) years of the term of the Use Agreement , the Organization agrees it shall be immediately obligated to refund to the City all of the Grant funds awarded unless the City and the Organization otherwise agree in writing. If Organization terminates or otherwise suspends the CDBG Use between the second (2
th) and the fifth (5 th) y ears of the Term, Organization agrees it shall be immediately obligated to refund to CITY a pro- rated portion of the Grant Award funds unless the City and the Organization otherwise agree in writing.

B. Promissory Note.

The Organization shall execute a Promis sory Note (the “Note”) in a form acceptable to the City for the amount determined in accordance with provision set forth in this Agreement. The Note shall become due and payable:
i. Upon sale of the property located at 3490 The Alameda in Santa Clara, CA by the Organization prior to June 30, 2029; or
ii. Upon a change in the use of the property by the Organization prior to the end of the Use Restriction Agreement to a use which is not an “eligible activity” under the Acts and Regulations issued by HUD pursuant thereto; or
iii. Upon a default under the Deed of Trust.

The parties expressly agree that no sum shall be due and payable under the Note if, on April 30, 2029, the contingencies set forth as “(i)”, “(ii), and “(iii)” in the preceding paragraph have not occurred. At the end of the Use Restriction Term, the note and any liabilities or obligations, or both, arising therefrom, whether expressed or implied, shall be deemed null and void, and the Note shall be canceled without further act by any party hereto, unless the City has exercised its rights under the Deed of Trust, prior to the end of the Use Restriction.

4 C:\Granicus\Legistar5\L5\Temp\b3922cd6-1b5f-46df-9c39-534e51c46e1e.docx C. Deed of Trust
The Promissory Note shall be secured by a Deed of Trust (the “Deed of Trust), in a form acceptable to the City on the Property that is more fully described in EXHIBIT J, attached hereto and incorporated herein by reference. In the event that the contingencies set forth in the preceding section do not occur, the City shall record a Full Reconveyance on the Property.

D. Conditions
The use of the property will be in accordance with all applicable City regulations and ordinances, as well as the CDBG national objectives and eligible activity provisions of the Housing and Community Development Acts, further defined in 24 CFR Part 570.200. The specific CDBG National Objective met by this Project is described in EXHIBIT A.

5. SCOPE OF WORK
Organization shall perform the work as specified in detail on EXHIBIT A entitled “Scope of Work and Performance Measures” and shall comply with the terms and conditions of this Agreement.

6. REPROGRAMMING OF FUNDS
Amendments to the terms and conditions of this Agreement shall be requested in writing by the Party desiring such revision, and any such adjustment to this Agreement shall be determined and effective only upon the mutual agreement in writing of the Parties hereto unless the amendments are made by HUD, in which case they will be adopted as ordered.

A. Initiated by City: City may re -channel funds budgeted in one cost category into another cost category of the Program. Before re- channeling funds, the City will give the Organization ten (10) business days written notice of the re-channeling of funds along with a copy of an expenditure review for the Program. City shall make its final determination with respect to the re- channeling of funds only after Organization has been given an opportunity to present its views and recommendations. In no event shall the City be bound to accept Organization's views or recommendations.

B. I
nitiated by Organization: The City's Program Manager may, at the request of Organization, approve re-channeling of funds from any cost category(ies) to another at any time provided that there is not an increase in the overall Total Budget amount specified in Exhibit B of this Agreement.

Approval by the City’s Program Manager of such rechanneling of funds must be in writing.

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7. PROGRAM COORDINATION
A. CITY: The Housing and Community Services Manager or his/her designee, shall be the Program Manager on behalf of City and shall render overall supervision of the progress and performance of this Agreement by City. All services to be performed by City shall be under the overall direction of the Program Manager.

B. ORGANIZATION: Organization shall assign a single Program Director who shall have overall responsibility for the progress and execution of this Agreement. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute Program Director, Organization shall notify City immediately of such occurrence. Program Director and Organization staff will fully cooperate with City's Program Manager relating to the Program, areas of concern, and the impact of Program on residents of City.

C. NOTICES: All notices or other correspondence required or contemplated by this Agreement shall be sent to the Parties at the following addresses:

City: Housing and Community Services Division
City of Santa Clara
1500 Warburton Avenue
Santa Clara, California 95050
and via email at: [email protected]

Organization: Bill Wilson Center
3490 The Alameda
Santa Clara, CA 95050

8. ACCOUNTING AND FINANCIAL RECORDS
Organization shall establish and maintain at all times, on a current basis in connection with the provision of Project, an adequate accounting system in accordance with generally accepted accounting principles and standards and acceptable to Director covering all revenues, costs, and expenditures with respect to Organization’s performance under this Agreement. Organization shall maintain its accounting system and shall provide City with reports that separate costs and expenses incurred by Organization with City funds as distinguished from costs and expenses paid for from other funding sources.

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9. REPORTING REQUIREMENTS
Organization shall submit reports related to Organization’s performance under this Agreement prepared in accordance with EXHIBIT A and, to the extent applicable.

The format of the reports shall be as provided in this Agreement unless otherwise directed by the Director. A final report shall be delivered to City prior to expiration of this Agreement, as may be further described in EXHIBIT A

10. RIGHT OF EXAMINATION AND AUDIT AND PRESERVATION OF RECORDS Organization agrees that the City Manager, Auditor, Attorney or the Director, or any of their duly authorized representatives, shall have access to and the right to examine all facilities and activities of O rganization related to Organization’s performance of this Agreement, including the right to audit, conduct further financial review, examine and make excerpts or transcripts of all contracts, subcontracts, invoices, payroll records, personnel records, and all other data or financial records relating to matters covered by this Agreement at any time during the term of this Agreement. Organization shall cooperate with City in such audit, examination, further review and shall provide City with access to Organiz ation’s staff and to all relevant records, documents, and data, including but not limited to, management letters, board minutes, and payroll

11. INSURANCE
Prior to the commencement of any of the activities described in this Agreement and during its entire term, the Organization shall provide and maintain, in full force and effect, the insurance requirements set forth in the attached EXHIBIT C not later than the date of execution of this Agreement All policies, endorsements, certificates and/or binders shall be subject to approval by the Risk Manager of the City as to form and content. These requirements may not be amended or waived unless approved in writing by the Risk Manager. Organization agrees to provide City with a copy of said policies, certificates and/or endorsements upon execution of this Agreement.

12. OBLIGATIONS OF ORGANIZATION
A. Cooperation of Organization. Organization shall:
i. Provide City, prior to the Effective Date of this Agreement, and, at all times during the Agreement period, within thirty (30) days of a change in status of any of the following documents, with:
a. A copy of Articles of Incorporation under the laws of the State of California.
b. A copy of current Bylaws of Organization.

7 C:\Granicus\Legistar5\L5\Temp\b3922cd6-1b5f-46df-9c39-534e51c46e1e.docx c. Verification and documentation of Internal Revenue Service nonprofit status under Title 26, Section 501(c) of the Internal Revenue Code. d. Verification and documentation of State of California Franchise Tax Board tax exempt status under Section 23701(d), of the California Revenue and Taxation Code.
e. Names and addresses of current Board of Directors of Organization. f. A copy of the adopted personnel policies and procedures including an Affirmative Action Plan if staff exceeds fifteen (15) employees; and, g. An organizational chart and staffing profile.
ii. Report in writing any changes in the Organization 's Articles of Incorporation, Bylaws, tax exempt status and/or Board membership immediately to the City's Program Manager or his/her designee. iii. Maintain no greater than forty nine percent (49%) of the Board of Directors as “interested persons” under this Agreement. For the purposes of this Agreement, “interested persons” means either:
a. Any person currently being compensated by the Organization for services rendered to the Organization within the previous twelve (12) months, whether those services were rendered as a full or part time employee, independent contractor or otherwise, excluding any reasonable compensation to a director as a director; or, b. Any brother, sister, ancestor, descendant, spouse, brother -in-law, sister-in-law, son-in-law, daughter-in-law, mother-in-law, or father -in- law of any such person.
iv. Include on the Board of Directors representation from the broadest possible cross section of the community, including those with expertise and interest in the Organization's services, representatives from community organizations interested in the Organization's services, and users of the Organization's services.
v. Open to the public all meetings of the Board of Directors, except meetings, or portions thereof, dealing with personnel or litigation matters. vi. Keep minutes, approved by the Board of Directors, of all regular and special meetings. (A copy of approved minut es shall be forwarded to the City's Program Manager).
vii. Encourage public participation in planning and implementing services provided under this Agreement.

8 C:\Granicus\Legistar5\L5\Temp\b3922cd6-1b5f-46df-9c39-534e51c46e1e.docx viii. Comply with 2 CFR § 200.321(b) and the City of Santa Clara Disadvantaged Business Enterprise Program, available from the City’s Program Manager, regarding the use of minority and/or female owned businesses, vendors, suppliers, and contractors to the maximum extent feasible, for items funded under this Agreement.

B. Program Performance of Organization. Organization shall:
i. Submit to City performance criteria and schedule of activities describing measurable annual goals and objectives of the Program incorporated in this Agreement as Exhibit A.
ii. Submit to the City, on the prescribed form, a line-item operating budget of the Program to be incorporated in this Agreement as Exhibit B , titled “Budget Summary and Payment Requirements”, attached hereto and incorporated herein by this reference.
iii. Obtain completed intake documents for each City of Santa Clara resident receiving services under this Agreement. Such forms shall be approved by the City and shall be made available for review during the monitoring process.
iv. File reports (on forms approved by City) with the city on the type and number of services rendered to beneficiaries through the operation of the Program. Such reports shall evaluate the manner in which the Program is achieving its objectives and goals according to standards established by City. The reports shall be due within ten (10) business days after the end of each reporting period and shall cover the time immediately preceding the date on which the report is filed.
v. Provide a completed Program evaluation survey from a representative sampling of beneficiaries served. The results of this survey shall be periodically reviewed and approved by the Organization’s Board of Directors. Format of survey documents shall be subject to the approval of the City's Program Manager. Forms shall be held at Organization's administrative offices and shall be made available for rev iew by City during the monitoring process.
vi. Coordinate its services with existing organizations providing similar service in order to foster community cooperation and to avoid unnecessary duplication of services.
vii. Seek out and apply for other sources of revenue in support of its operation or services from county, state, federal and private sources. viii. Include an acknowledgement of City support on all appropriate Program publicity and publications using words to the effect that services are funded by the City of Santa Clara. Any Program publicity acknowledging

9 C:\Granicus\Legistar5\L5\Temp\b3922cd6-1b5f-46df-9c39-534e51c46e1e.docx City funding that is produced during the Agreement period shall be reviewed by City prior to any public release.
ix. Organization represents and warrants that it has the authority to enter into this Agreement. Organization further represents and warrants that its signatory to this Agreement is authorized to execute this Agreement on Organization’s behalf.
x. Comply with the City’s Ethical Standards as set forth in EXHIBIT E.

13. OBLIGATIONS OF CITY
A. Monitoring for Compliance with Agreement: Consistent with the applicable sections of 24 CFR §§ 570.501-502 and 2 CFR § 200.328, the city will evaluate the Program based on compliance with the Agreement, semi -annual reports received from Organization, and on- site monitoring of client and service- based data.

B. M ethod of Payment : City shall reimburse Organization for all allowable costs and expenses incurred in providing the Program during the Agreement period, not to exceed the total sum of Two Hundred Sixty-Six Thousand Dollars ($266,000).

The City may, at any time and in its absolute discretion, elect to suspend or terminate payment to Organization, in whole or in part, under this Agreement or not to make any particular payment under this Agreement in the event of unsatisfactory performance or noncompliance. Reimbursement shall be initiated quarterly, or other time period approved by the City, upon submission of invoices and appropriate documentation

14. ASSIGNABILITY AND INDEPENDENT CONTRACTOR REQUIREMENTS City and Organization bind themselves, their successors and assigns to all covenants of this Agreement.

A. The relationship of Organization to City is that of an independent contractor.

Organization has full rights to manage its employees subject to the requirements of the law. All persons employed by Organization in connection with this Agreement shall be employees of Organization and not employees of City in any respect. Organization shall be responsible for all employee benefits, including, but not limited to, statutory worker's compensation benefits.

B. None of the work or services to be performed hereunder shall be delegated or subcontracted to third parties without prior written City approval.

10 C:\Granicus\Legistar5\L5\Temp\b3922cd6-1b5f-46df-9c39-534e51c46e1e.docx C. No subcontractor of Organization will be recognized by City as such. All subcontractors are deemed to be employees of Organization, and Organization agrees to be responsible for their performance and any liabilities attaching to their actions or omissions.

D. Organization will monitor any subcontractors to ensure compliance with the terms and conditions of this Agreement and provide records of their compliance as requested.

E. Organization assures that the subcontractor(s) maintain(s) current licensure and indemnity insurance appropriate for obligations undertaken by subcontractor(s) and provides copies of such to City.

F. Organization will provide CITY with records of reimbursement to subcontractor(s) for obligations incurred under subcontract.

G. City has the right to refuse reimbursement for obligations incurred under any subcontract that does not comply with the terms of this Agreement.

15. COMPLIANCE WITH LAW
A. Compliance: Organization shall become familiar and comply with and cause all its subcontractors and employees, if any, to become familiar and comply with all applicable federal, state and local laws, ordinances, codes, regulations, and decrees, including, but not limited to, those federal rules and regulations outlined in Exhibit D, titled “ Special Grant Conditions ”, attached hereto and incorporated herein by this reference.

B. A
ssurances : Failure Organization, in any manner, to observe and adhere to law as described herein or as amended shall in no way relieve Organization of its responsibility to adhere to same and Organization herein acknowledges this responsibility. Organization shall hold City, its City Council, officers, employees and boards and commissions harmless from Organization's failure(s) to comply with any requirement imposed on Organization by virtue of the utilization of City funds. Organization shall reimburse City for any disallowed costs and/or penalties imposed on City because of Organization's failure to comply with all applicable federal, state and local laws, ordinances, codes, regulations and decrees.

16. INTEGRATED DOCUMENT
This Agreement embodies the Agreement between City and Organization and its terms and conditions. No verbal agreements or conversations 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 com prising this Agreement.

Any such verbal agreement shall be considered as unofficial information and in no way binding upon City.

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

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

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

18. WHEN RIGHTS AND REMEDIES WAIVED
In no event shall any payment by City hereunder constitute or be construed to be a waiver by City of any breach of covenants or conditions of this Agreement or any default which may then exist on the part of Organization, and the making of any such payment while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to City or Organization with respect to such breach or default.

19. TERMINATION
A. In accordance with 2 CFR § 200.338, the City may suspend or terminate this Agreement if the Organization materially fails to comply with any terms of this Agreement, which include, but are not limited to;
i. Organization fails to comply with existing conditions of the Agreement; or,

12 C:\Granicus\Legistar5\L5\Temp\b3922cd6-1b5f-46df-9c39-534e51c46e1e.docx ii. Organization refuses to accept any additional conditions that may be imposed by City or the Federal government; or,
iii. With receipt by City of any information that indicates a failure or deficiency by Organization to comply with any provision of this Agreement or provide unsatisfactory service, the City shall have the right to require correcti ve action to enforce compliance with such provision; or,
iv. Organization fails to implement required corrective actions in a timely and sufficient fashion.

B. Termination for Convenience: Consistent with the applicable section of 24 CFR § 570.503 and 2 CFR § 200.326, City or Organization may terminate or suspend this Agreement in whole or in part when both Parties agree that the continuation of the Program would not produce beneficial results commensurate with the further expenditure of funds.

C. U
pon Suspension or Termination Organization Shall
i. Not incur new obligations and shall cancel as many outstanding obligations as possible; and,
ii. Be paid only for services actually rendered to City to the date of such suspension or termination; provided, however, if this Agreement is suspended or terminated for fault of Organization, City shall be obligated to compensate Organization only for that portion of Organization's services which are of benefit to City; and,
iii. Turn over to City immediately any and all copies of studies, reports and other data, prepared by Organization or its subcontractors, whether or not completed, if any, in connection with this Agreement; such materials shall become property of City. Organization, however, shall not be liable for City's use of incomplete materials or for City's use of complete documents if used for other than the services contemplated by this Agreement; and, iv. Act in accordance with the Closing Out Procedure.

20. CLOSING OUT PROCEDURE
A. Organization is responsible for City's receipt of final billing by after the completion of the Agreement period. Any amount of the grant remaining unbilled after the applicable date will be reprogrammed by City.

B. City is not liable for any Organization expenses incurred after the Agreement period of this Agreement.

13 C:\Granicus\Legistar5\L5\Temp\b3922cd6-1b5f-46df-9c39-534e51c46e1e.docx C. Closing Out does not impair the City's right to subsequently require repayment by Organization for disallowed costs or other adjustments, or any other City costs and expenses related to this Agreement or the enforcement thereof.

21. THE CAPTIONS
The captions of the various sections, paragraphs, and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation.

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

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

If any part of this Agreement is for any reason found to be unenforceable by a court of competent jurisdiction, all other parts nevertheless remain enforceable. CITY and Organization agree that to the extent that the exclusion of any unenforceable provisions from this Agreement affects the purpose of this Agreement , then the parties shall negotiate an adjustment to this Agreement in order to give full effect to the purpose of this Agreement or either party may terminate this Agreement.

24. NO PLEDGING OF CITY’S CREDIT
Under no circumstances shall Organization have the authority or power to pledge the credit of City or incur any obligation in the name of City. Organization shall save and hold harmless City, its City Council, its officers, employees, and boards and commissions for expenses arising out of this Agreement.

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

26. VENUE
In the event that suit shall be brought by any Party to this Agreement, the Parties agree that venue shall be exclusively vested in the state courts of the County of Santa Clara, or where otherwise appropriate, exclusively in the United States District Court, Northern District of California, Santa Clara Division.

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27. ORGANIZATION FINANCIAL DISCLOSURE REQUIREMENTS
Organization services to be rendered under the provisions of this Agreement are excluded from the requirement of filing a Financial Disclosure Statement by Title 2, California Code of Regulations, Section 18700 (2)(A) and (B).

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

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15 C:\Granicus\Legistar5\L5\Temp\b3922cd6-1b5f-46df-9c39-534e51c46e1e.docx The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the f ollowing signatures of their duly authorized representatives. The Effective Date is the date that the final signatory executes the Agreement. It is the intent of the Parties that this Agreement shall become operative on the Effective Date.

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

Approved as to Form: Dated:

Office of the City Attorney
City of Santa Clara

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

“CITY”

BILL WILSON CENTER
a California nonprofit corporation

Dated:

By:

Name: Sparky Harlan
Title: Chief Executive Officer
Local
Address: 3490 The Alameda
Santa Clara, California 95050
Email
Address: [email protected]
Telephone: (408) 243-0222
Fax: (408) 246-5752
“ORGANIZATION”

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EXHIBIT A

SCOPE OF WORK AND PERFORMANCE REQUIREMENTS

1.01 P urpose of Project.

Organization shall implement this Agreement in accordance with the applicable provisions of Title I of the Housing and Community Development Act of 1990, as amended, the federal regulations as set forth in 24 CFR Part 570, written interpretations, or requirements by the Department of Housing and Urban Development (HUD), and all other rules and regulations pertaining thereto. All these elements shall be collectively called "CDBG".

The purpose of this Project is to modernize the aging elevator at the Safety Net Shelter c onstructed in 1993. The scope of work will encompass elevator modernization and improvements to the electrical, machine room, hoist away, and related fire service systems. Bill Wilson Center’s Youth Shelter has a mission to strengthen the community by serv ing extremely low -income youth and families through counseling, housing, education, and advocacy.

Scope of Work
Scope of work to be performed by BWC’s KONE, the current contracted vendor for elevator maintenance and repair.

Electrification
A new microprocessor-based control system shall be provided to perform the functions of safe elevator motion. Included shall be all of the hardware required to connect, transfer and interrupt power, and to protect the motor against overloading. Each controller cabinet containing memory equipment shall be properly shielded from line pollution. The microcomputer system shall be designed to accept reprogramming with minimum system down time. All high voltage (110V or above) contact points inside the controller cabinet shall be protected from accidental contact in a situation where the controller doors are open. The microprocessor-based control system shall utilize on-board diagnostics for servicing, troubleshooting, and adjusting without requiring the use of an outside service tool.

24/7 Emergency Communications which meets the intent of IBC 2018 and ASME A17.1 2019 code. In addition to the two- way audio communication, it allows for text based two-way communication between the elevator cab and a Customer Care Center as well as means to visually verify if the cab is occupied when an emergency call is placed.

Fixtures
New signalization

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C:\Granicus\Legistar5\L5\Temp\b3922cd6-1b5f-46df-9c39-534e51c46e1e.docx Doors
New door panels that are UL fire rated 1 ½ hour.

A new car door operator shall be installed and arranged to automatically open and close the car door panel. The opening and closing shall be made smoothly and shall be cushioned at both final limits of travel. The door operator shall be arranged so that, in the event of a power failure of the operating circuits, the car doors cannot be readily opened by hand from within the elevator cab. The elevator shall not be able to move away from a landing until the car door panel is fully closed. The car door shall be equipped with a contact, which will prevent operation of the car unless the car door is closed. The contact shall be of the approved type and tested as required by code.

Shaft Equipment
New guide shoes and buffers. Buffers will be of the proper capacity rating and stroke as required by Code.

Hydraulic Equipment
New field pipe and/or accessories

Power Unit
A hydraulic power unit, especially designed and manufactured for this service, will be furnished. The motor and pump will be submersed under the oil inside the tank in order to provide for sound isolation. A muffler, designed to reduce pulsation and noise which may be present in the flow of hydraulic oil, will be provided in the oil line at the top of the pump.

Jack Unit
The elevator will be raised to a convenient point in the hoist way and then secured. The piston will be disconnected and lowered until it rests on the cylinder head and all oil from the hydraulic line and tank will be drained from the system. The existing piston and cylinder will then be removed.

1.02 Location of Project
Unless otherwise indicated, the Project specified below will be offered at the following location: The Project location serves as Bill Wilson Center, which provides services to homeless youth and families.

Site Name Site Address

Bill Wilson Center

3490 The Alameda
Santa Clara, CA 95050

1.03 Project National Objective and Eligibility.

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C:\Granicus\Legistar5\L5\Temp\b3922cd6-1b5f-46df-9c39-534e51c46e1e.docx All activities funded with CDBG funds must meet one of the CDBG program’s National Objectives: benefit low - and moderate- income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR § 570.208.

1.04 HUD Objectives and HUD Outcomes.

The Organization certifies that the activity(ies) carried out under this Agreement will Create Suitable Living Environments by meeting the Consolidated Plan Goal of Providing Essential Services that assist individuals and families through crisis intervention, homeless prevention, and services for at -risk families. The Outcome that the activity will meet is Availability and Accessibility of homeless services to homeless youth and their families.

Matrix Code 03C Homeless Facilities
National Objective Homeless Youth/ Presumed Benefit
Accomplishment type 1 Public facility
HUD Objective Availability and Accessibility
HUD Outcome Create Suitable Living Environments
Project meets the National Objective of benefiting low - and moderate-income persons. Eligible clients under this Agreement shall be homeless residents of the City of San ta Clara . Homeless persons are recognized by HUD as a population of presumed benefit.

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1.05 Project Timeline.

The timeline below constitutes the measurable goals by which Project performance will be evaluated. Activities are identified for each type of Project Identify target dates (month/year) for all items that apply to the Project. If an activity is already completed, write the date (month/year) that it was completed.

Work Phase Completion
Date

Pre-Development Phase.

Complete Environmental Review process (CEQA & NEPA) 01/10/2023 Complete and submit the draft of Design and Architecture Drawing Plan and Project Specifications to City. for review and approval
3/28/2023
Housing approves the Project Plan/Drawing 4/15/2023
Submit the Final Architecture Drawing/Plan to the Building Department to review and issuance of permits
4/20/2023
Obtain necessary permits 4/30/2023

Constructions Phase.

Modify Project Specifications for Bid Package 5/31/2023 Prepare Bid Package for construction 6/16/2023
Provide the Prevailing Wage Decision for bid package 6/20/2023 Place a short advertise for bids in newspapers (at least 21 days before bid opening)
6/30/2023
Pre-Bid Conference or Walk-Thru (Not Mandatory) 7/15/2023 Bid opening 7/30/2023
Select the Bidder 8/10/2023
Pre-Construction meeting (Mandatory for parties involved) 8/15/2023 Complete Construction Contract (AIA Agreement) 8/25/2023 Sign Contract (AIA Agreement) 8/30/2023
Issue Notice to Award/Proceed 9/10/2023
Begin construction 9/20/2023
Finish construction 12/31/2023
Building Permit sign-off 1/10/2024
Issue and Record the Notice of Acceptance or Notice of project completion (send a conforming copy to Housing)
1/20/2024

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1.06 Project Implementation.

Organization shall have full responsibility to procure and to monitor the performance of contractors and subcontractors hired, with technical assistance provided by the City as needed, subject to the following requirements:
1) Organization or Organization’s representative shall describe its method of procuring contractors. This procurement plan shall be subject to written approval by City.
2) Organization shall prepare a scope of work, describing the various development and construction activities to be undertaken. This scope of work shall be approved, in writing, by City, before any financial commitments to contractors are entered into by Organization. 3) Organization shall develop bid/proposal documents for all contractors.

These documents shall be approved by the City, in writing, prior to public release.
4) Organization shall obtain required permits and plan approvals before undertaking any construction work.
5) The City shall comply with state prevailing wage reporting requirements.

Contractors and subcontractors shall be registered with the Department of Industrial Relations (DIR) prior to submitting any bid documents.

1.07 Reporting Requirements.

On a format prescribed by the City, the Organization must submit the following reports:
1) Semi-Project St atus Reports . At the end of the 2 nd and 4 th quarters, Organization shall provide the Project Status Report to the Housing and Community Services Division an updated Project status until the Project completes.
2) R
eporting Schedule. All required reports shall be submitted to the no later than fifteen (15) calendar days after the end of the second quarter and no later than fifteen (15) calendar days after the end of the fourth quarter.
3) A nnual Report. At the end of each fiscal year during the 5- year use period, Organization shall submit an Annual Report that certifies clients benefiting from services provided on site continue to be Low - and Moderate-Income persons.

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C:\Granicus\Legistar5\L5\Temp\b3922cd6-1b5f-46df-9c39-534e51c46e1e.docx 4) Unduplicated Participants. For purposes of this Agreement, UNDUPLICATED PARTICIPANTS shall be defined as participants who receives more than one service offered by this project, and at least once a year but who may not be counted more than once in that year.

Organization shall retain records documenting eligibility. Such records shall include family size, total household income, gender head of household, race, ethnic and disability data.

Year 1 Year 2 Year 3 Year 4 Year 5 Total
Total Client serve after project
completion
200 200 200 200 200 1000

1.08 Cost Reimbursement.

Project will be reimbursed based upon the percentage of work completed on approved invoices submitted pursuant to this Agreement. Requests for reimbursement will be made on a form and in manner prescribed by the City under provisions as set forth in EXHIBIT B , entitled “ Budget Summary and Payments Requirements”.

1.09 F
inal Payment/Close- Out Project Requirements
Organization will ensure that the following documentation is provided to the City in a timely manner:
1) Closeout Construction Certificate of Substantial Completion 2) Complete Certification of Completion Form
3) Certification of Final Design Letter
4) Closeout Construction Insurance Notification
5) Closeout Construction Certificate of Occupancy Closeout Construction 6) Closeout Construction Photos & Brief Description
7) Unconditional Lien Release for Final Payment from the General Contractor and all the Sub-Contractor(s)
8) Recorded of Notice of Completion Report
9) Final Progress Report: (The report shall include a summary of progress toward the achievement, a list of significant results (positive or negative).

I I

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EXHIBIT B

BUDGET SUMMARY AND PAYMENT REQUIREMENTS

1.01 Budget Summary.

BUDGET CATERGORY CDBG
Request
Other
Funds
Total
Project
Cost
Predevelopment Costs
Environmental Review Assessment
Planning Design, or Architectures Costs
Permits Fees
Construction Manager costs 17,050 17,050
Admin costs 9,100 9,100
SUBTOTAL 26,660 26,660
Construction Costs
Construction Materials Costs
Bolt-in Fixtures Costs
General Construction Costs 206,000 206,000
Landscaping Costs
Site Improvements
Plumbing,
Electrical 60,000 60,000
SUBTOTAL 266,000 266,000
Admin & Project Delivery Costs
Addendum 1
Addendum 2
Addendum 3

SUBTOTAL
TOTAL PROJECT COSTS 266,000 26,660 292,660
*Attach one page listing construction components included in the Primary Construction and/or elements included in the Other Construction category (physical improvement projects only).
**Federally funded projects must meet all ADA requirements.

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1.02 Payments Process.
1) City agrees to reimburse Organization for the expenses incurred as set forth in this Agreement in an amount of money not to exceed the amount set forth in this Agreement . Such sum shall be expended and paid by City to Organization on a reimbursement basis for expenses actually incurred and paid by Organization during the term of this Agreement for the cost categories appearing in EXHIBIT B, as described in subsection B below.
2) Payments to Organization shall be made within thirty (30) days of:
a. R eceipt by City of statement or statements in a form approved by City specifying in detail the costs incurred by and paid by Organization during the month for which payment is requested; and,
b. D ocuments evidencing these costs, including but not li mited to, paid invoices,’ and the determination by City, in its sole discretion, that expenses for which Organization seeks reimbursement can properly be paid under this Agreement and such statement(s) and supporting documents reasonably evidencing that the expenses have been incurred and paid by supporting documents reasonably evidencing that the expenses have been incurred and paid by supporting documents reasonably evidencing that the expenses have been incurred and paid by Organization. In making such determination, City may, but need not, rely upon the certification by Organization that the items appearing on said statement and supporting documents are eligible items for reimbursement under this Agreement. Such determination by City shall in no way cons titute a waiver by City of its right to recover from Organization the amount of money paid to
Organization on any items which is not eligible for payment under this Agreement.

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EXHIBIT C

INSURANCE REQUIREMENTS

Without limiting the Organization’s indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Organization 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

2. Exact structure and layering of the coverage shall be left to the discretion of Organization; 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 Organization 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.

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C:\Granicus\Legistar5\L5\Temp\b3922cd6-1b5f-46df-9c39-534e51c46e1e.docx 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 wastes and/or hazardous or regulated materials, Organization 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

2. The indemnification and hold harmless obligations of Organization 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 Organization 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 Organization’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. P
rimary and non- contributing. Each insurance policy provided by Organization shall contain language or be endorsed to contain wording making it primary

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

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

1. Organization 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 Organization, provide the same minimum insurance coverage required of Organization, except as with respect to limits. Organization 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. Organization 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. Organization 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 Organization for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

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3. The City reserves the right to withhold payments from the Organization 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, Organization, 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. Organization 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
Organization 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 it s 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, Organization shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be mailed to:

EBIX Inc.

City of Santa Clara [Housing & Community Services]

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

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EXHIBIT D

SPECIAL GRANT CONDITIONS

The Organization, its contractors and subrecipients shall comply with the policies, guidelines and requirements of OMB Uniform guidance at 2 CFR Part 200 the Uniform Administrative requirements , as well as all state laws, regulations and department guidelines applicable to the activities set forth.

SECTION 1 GENERAL GRANT CONDITIONS

1.01 Definitions. As used herein, “HUD” means United States Department of Housing and Urban Development. “Project Area” for the purposes of this EXHIBIT D means the City of Santa Clara.

1.02 Compliance with Applicable Federal Regulations. Organization agrees to comply with the requirements of Title 24 CFR Part 570, including subpart K of these regulations, except that (1) the Organization does not assume the City’s environmental responsibilities described in 24 CFR § 570.604; and (2) the Organization does not assume the City’s responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Organization also agrees to comply with all other applicable Federal, state and local laws, regulations and policies governing the funds provided under this Agreement. The Organization further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.

1.03 Applicable Federal Civil Rights Laws and Executive Orders . In providing the services and work set forth in this Agreement, Organization will carry out its work in a manner that will permit full compliance by City and strict adherence by Organization with the following:

a. Title VI of the Civil Rights Act of 1964, which provides that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance; and

b. The Housing and Community Development Acts of 1974 and 1977, as amended, which provide that no person in the United States shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available pursuant to said acts; and

c. Title VIII of the Civil Rights Act of 1968 (The Fair Housing Act) which prohibits discrimination in the sale, rental, and financing of housing and the provision of brokerage services because of race, color, religion, sex, sexual orientation, actual or perceived gender identity, national origin, handicap, or familial status; and

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d. Executive Order 11063, as amended by Executive Order 12259, which provides for equal opportunity in housing and related facilities provided by federal financial assistance. This order and its implementing regulations require the Department of Housing and Urban Development to take all actions necessary to prevent discrimination because of race, color, religion, sex, or national origin in the use, occupancy, sale, leasing, rental or other disposition of residential property assisted with Federal loans, advances, grants or contributions; and

e. Executive Order 11246, (as amended by Executive Orders 11375 and 12086 and further amendments) Equal Opportunity Under HUD Contracts and HUD-assisted Construction Contracts, which requires that City and Organization, and their respective subcontractors, agree not to discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, sexual orientation, actual or perceived gender identity, or national origin; and

f. Section 3 of the Housing and Community Development Act of 1968 Pertaining to Employment Opportunities for Lower -Income Persons (12 U.S.C. 1701u), requires that, to the greatest extent feasible on projects financed by HUD, a subrecipient must:

i. Provide opportunities for training and employment arising in connection with a h ousing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project, are given to persons residing in the Santa Clara metropolitan area with household income that is at or below 80% AMI of the Santa Clara metropolitan area as defined by HUD. Where feasible, priority should be given to residents within the service area of the Project or the neighborhood in which the Project is located who have household income that is at or below 80% AMI of the Santa Clara metropolitan area as defined by HUD, and to participants in other HUD programs who have household income that is at or below 80% AMI of that area; and

ii. Award contracts for work undertaken in connection with housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for persons residing within the metropolitan area in which the CDBG -funded Project is located and have household income that is at or below 80% AMI of the Santa Clara metropolitan area as defined by HUD. Where feasible, priority should be given to business concerns that provide economic opportunities to residents within the service area or the neighborhood in which the Project is located who have household

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C:\Granicus\Legistar5\L5\Temp\b3922cd6-1b5f-46df-9c39-534e51c46e1e.docx income that is at or below 80% AMI of the Santa Clara metropolitan area as defined by HUD, and to participants in other HUD programs who have household income that is at or below 80% AMI of that area; and

iii. Self-certify whether they are a Section 3 business, employs Section 3 residents, or subcontracts with business that provide opportunities to low-income persons when an award of $1 00,000 or more of HUD funding is provided for housing rehabilitation, housing construction, or other public construction projects, and/or $100,000 or more to subcontractors: and

iv. At a minimum, provide documentation on federal c ompliance, reporting and outreach efforts; and

g. Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and implementing regulations when published which specify that no otherwise qualified individual shall, solely by reason of his or her handicap, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving Federal assistance; and

h. The Age Discrimination Act of 1975 (Pub. L. 94- 135), as amended, and implementing regulations when published for effect which provides that no person shall be excluded from participation, denied program benefits, or subjected to discrimination on the basis of age under any program or activity receiving Federal assistance; and

i. Presidential Executive Order 13166 (“Improving Access to Services for Persons with Limited English Proficiency”), and

j. The requirements relating to Minority-Owned and Women-Owned Business Enterprises set forth in Executive Order No. 11625 of October 13, 1971, 36 Fed. Reg. 19967, as amended by Executive Order No. 12007 of August 22, 1977, 42 Fed. Reg. 42839; and Executive Order No. 12432 of July 14, 1983, 48 Fed. Reg., 32551; and Executive Order No. 12138 of May 18, 1979, 44 Fed. Reg. 29637, a subrecipient must exercise affirmative outreach efforts when soliciting bids for service or construction when the Federal funds received by the subrecipient or subcontractor exceeds $10,000 and when the subrecipient or subcontractor is a for-profit organization/ business; and

k. The Uniform Federal Accessibility Standards set forth in 24 CFR Part 40, Appendix A; and

l. Americans with Disabilities Act of 1990 (ADA), which prohibits discrimination on the basis of disability in employment and in public accommodati ons and

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C:\Granicus\Legistar5\L5\Temp\b3922cd6-1b5f-46df-9c39-534e51c46e1e.docx commercial facilities and defines the range of conditions that qualify as disabilities, and the reasonable accommodations that must be made to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for persons with disabilities. It further provides that discrimination includes a failure to design and construct facilities for first occupancy no later than January 26, 1993, that are readily accessible to and usable by individuals with disabilities. Further the ADA requires the removal of architectural barriers and communication barriers that are structural in nature in existing facilities where such removal is readily achievable – that is easily accomplishable and able to be carried out without much diffic ulty or expense; and,

m. The provisions of 24 CFR Part 24, relating to the employment, engagement of services, awarding of contracts, or funding of any grantee or sub during any period of debarment, suspension, or placement in ineligibility status; and,

n. Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846 and implementing regulations at 24 CFR Part 3; and,

o. Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301 et. seq.) This law provides that any grant under section 106 shall be made only if the City certifies to the satisfaction of the Secretary of HUD that the Organization will, among other things, affirmatively further fair housing; and,

p. Section 109 of Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301 et. seq., particularly 42 U.S.C. 6101 ets. seq., and 29 U.S.C. 794) and further amendments, which mandates that no person on the grounds of race, color, national origin, sex, sexual orientation, actual or per ceived gender identity, age or religion shall be excluded from participation, denied the benefits of, or otherwise be subject to discrimination under any activity funded in whole or part with CDBG funds; and,

q. Architectural Barriers Act of 1968 requires that federally funded buildings and other facilities, as defined in 24 CFR § 40.2 and 40 CFR § 101-

19.602(2), to be designed, constructed, or altered in accordance with standards that ensure accessibility to, and use by, physically handicapped people; and,

r. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708).

Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations ( 29 CFR Part 5 ). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the

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C:\Granicus\Legistar5\L5\Temp\b3922cd6-1b5f-46df-9c39-534e51c46e1e.docx wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence; and,

s. Uniform Accessibility Standard, at 24 CFR Part 40, Appendix A, as the relate to substantial rehabilitation or conversion; and,

t. Procurement of Recovered Materials: See 2 CFR 200.322.

1.04 Relocation and Real Property Acquisition. Organization shall comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA) and 24 CFR § 570.606(b); and (b) the requirements of 24 CFR §570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan (Plan) under section 104(d) of the HCD Act. Under the URA and the Plan, the subrecipient must provide relocation assistance to persons (families, individuals, businesses, non-profit organizations and farms) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG- assisted project. All property occupants must be issued certain notices on a timely basis. The Plan also required the one- for-one replacement of any occupied or vacant occupiable low/moderate-income housing that is demolished or converted to another use in connection with a CDBG -assisted project. Finally, the Plan requires the identification of the steps that will be taken to minimize displacement.

1.05 Political Reform Act. Organization shall comply with the applicable provisions of the Political Reform Act of 1974, as amended, relating to conflicts of interest (codified at California Government Code Section 87000, et seq.) Organization will promptly advise City of the facts and circumstances concerning any disclosure made to it or any information obtained by it relating to conflicts of interest.

1.06 Flood Disaster Protection. Notwithstanding any other provision of this Agreement, Organization shall comply with the Flood Disaster Protection Act of 1973, as amended (P.L. 93 -234), and the standards issued thereto. No portion of the moneys to be paid to Organization pursuant to this Agreement shall be used for acquisition or construction purposes as defined under Section 3(a) of said Act, for use in an area identified by the Secretary of HUD as having special flood hazards which is located in an area not in compliance with the requirements for participation in the National Flood Insurance Program pursuant to Section 201(d) of said Act; and the use of any of said moneys for such acquisition or construction in such identified areas in communities then participating in the National Flood

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C:\Granicus\Legistar5\L5\Temp\b3922cd6-1b5f-46df-9c39-534e51c46e1e.docx Insurance Program shall be subject to the mandatory purchase of flood insurance requirements of Section 102(a) of said Act.

Any contract or agreement for the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement shall contain, if such land is located in an area identified by the Secretary of HUD as having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001, et seq., provisions obligating the transferee and its successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under Section 102(a) of the Flood Disaster Protection Act of 1973, as amended. Such provisions shall be required notwithstanding the fact that the construction on such land is not itself funded with assistance provided under this Agreement.

1.07 Equal Employment Opportunity. In providing the work and services herein specified, Organization shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.

Organization shall take action to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, actual or perceived gender identity, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Organization shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Federal Government or the City setting forth the provisions of this nondiscrimination clause. Organization shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, actual or perceived gender identity, or national origin. Organization shall incorporate the foregoing requirements of this paragraph 1.07 in all of its contracts for program work, and will require all of its contractors for such work to incorporate such requirements in all subcontracts for program work.

1.08 Prohibition of and Elimination of Lead- Based Paint Hazard. Notwithstanding any other provision, Organization agrees to comply with the regulations issued by the Secretary of HUD s et forth in 24 CFR § 570.608 and all applicable rules and orders issued thereunder which prohibit the use of lead-based paint in residential structures undergoing federally assisted construction or rehabilitation and require the elimination of lead- based paint hazards. Every contract or subcontract, including painting, pursuant to which such federally assisted construction or rehabilitation is performed, shall include appropriate provisions prohibiting the use of lead-based paint.

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1.09 Compliance With Clean Air and Water Acts . This Agreement is subject to 42 U.S.C. 1857, et seq., and 33 U.S.C. 1251 et seq ., and the regulations issued pursuant thereto. Therefore, Organization agrees as follows:

a. Organization stipulates that any facility to be utilized in the performance of any nonexempt contract or subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR § 15.20; and,

b. Organization agrees to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 U.S.C. 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 U.S.C. 1318) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said Sections 114 and 308, and all regulations and guidelines issued thereunder; and,

c. Organization stipulates that as a condition for the award of the contract prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities; and,

d. Organization agrees that criteria and requirements in subparagraphs (a) through (d) of this section 1.09 will be included in every non -exempt subcontract and Organization shall take such action as the City or HUD requires as a means of enforcing such provisions.

In no event shall any amount of the assistance provided under this Agreement be utilized with respect to a facility which has given rise to a conviction under Section 113(c)(1) of the Clean Air Act or Section 309(c) of the Federal Water Pollution Control Act.

1.10 Federal Labor Standards (i.e., Davis Bacon Act) Provisions. Except with respect to the rehabilitation of residential property designed for residential use for less than eight (8) families, Organization and all subrecipients engaged under contracts in excess of Two Thousand Dollars ($2,000) for the construc tion, completion or repair of any building or work financed in whole or in part with assistance provided under this Agreement, shall comply the Davis-Bacon Act (40
U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non- Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each

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C:\Granicus\Legistar5\L5\Temp\b3922cd6-1b5f-46df-9c39-534e51c46e1e.docx solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti - Kickback” Act ( 40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3 , “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency.

Organization shall not award any contract or subcontract which is otherwise in compliance with this Agreement to any person or subcontractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract.

1.11 Nondiscrimination Under Title VI of the Civil Rights Act of 1964 . Organization under this Agreement shall be subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) and HUD regulations with respect thereto including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, Organization shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex, sexual orientation, actual or perceived gender identity, or national origin, in the sale, lease or rental, or in the use of occupancy of such land or any improvements erected or to be erected thereon, and providing that Organization and the United States are beneficiaries of and entitled to enforce such covenant. Organization, in providing the services and work it is to provide, pursuant to this Agreement, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate.

1.12 Interest of Certain Federal Officials. No member of, or Delegate to, the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit arising from same.

1.13 Conflict of Interest. Under 24 CFR Part 570.66, no officer, employee or agent of City or Organization who exercises any functions or responsibilities with respect to the CDBG Program or to the services and work to be performed by Organization pursuant to this Agreement, during such officer's, employee's or agent's tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof.

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C:\Granicus\Legistar5\L5\Temp\b3922cd6-1b5f-46df-9c39-534e51c46e1e.docx Organization shall incorporate or cause to be incorporated in every contract required to be in writing a provision prohibiting such interest pursuant to the purposes of this section.

1.14 Prohibition Against Payments of Bonuses or Commissions . The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval of applications for additional assistance, or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Acts of 1974 or 1977, or HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs.

1.15 Copyrights. If this Agreement results in a book or other copyrightable material, the author is free to copyright the work, but HUD reserves a royalty-free, nonexclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, all copyrighted material and all material which can be copyrighted.

1.16 Patents. Any discovery or invention arising out of or developed in the course of work aided by this Agreement shall be promptly and fully reported to City and HUD for determination by HUD as to whether patent protection on such invention or discovery will be sought and how the rights in the invention or discovery, including the rights under any patent issued thereon, shall be disposed of and administered, in order to protect the public interest.

1.17 Political Activity.

a. Partisan Activity Prohibited. No funds provided in this Agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office; nor shall they be used to provide services, or for the employment or assignment of personnel in a manner supporting or resulting in the identification of programs conducted pursuant to this Agreement with the following: (1) any partisan or nonpartisan political activity or any other political activity associated with a candidate, or contending faction or group, in an election for public or party office; (2) any activity to provide voters or prospective voters with transportation to the polls or similar assistance in connection with any such election; or (3) any voter registration activity.

Participants employed in the administration of the CDBG Plan and/or Program, and participants whose principal employment is in connection with an activity financed by the CDBG Program or its proceeds are subject to limitation on political activities under the Hatch Act (5 U.S.C. 1502(a), 18

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C:\Granicus\Legistar5\L5\Temp\b3922cd6-1b5f-46df-9c39-534e51c46e1e.docx U.S.C. 595). All participants may take part in non- partisan activities outside working hours

b. Lobbying Prohibited.

i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Organization, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Organization shall complete and submit Standard Form LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

iii. The Organization shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

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

1.18 Guidelines on Church-Related Activities. In addition to, and not in substitution for, other provisions of this Agreement regarding the provision of public services with CDBG funds pursuant to Title I of the Housing and Community Development Act of 1974, as amended, the Organization agrees that, in connection with the public services performed under this Agreement:

a. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion;

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b. It will not discriminate against any persons applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; and,

c. It will provide no inherently religious activities, such as worship, religious instruction, or religious proselytizing, as part of the programs or services funded under this Agreement and will only conduct such activities in a separate time or place; and,

d. It will exert no other religious influence in the provision of public services and participation in religious activities by any beneficiaries of those services shall be voluntary; and,

e. The funds received under this Agreement shall not be used to construct, rehabilitate, or restore any facility which is owned by the Organization and in which the public services are to be provided, provided that, minor repairs may be made if such repairs (1) are directly in a structure used exclusively for non-religious purposes, and (2) constitute in dollar terms only a minor portion of expenditure for the public services.

f. Construction or Rehabilitation of Facilities. Block grant fund recipients shall not use any funds to construct, rehabilitate, maintain, or restore religious structures (including those which may be historic properties) currently used for religious purposes. Block grant funds shall not be used to construct, rehabilitate, maintain, or restore structures or other real property owned by “pervasively sectarian” organizations. Block grant funds shall not be used to assist a religious organization in acquiring property. These prohibitions apply whether or not the property is used for religious services or instruction or is used in any other way for religious activities.

g. Public Services. Block grant funds may be used for the provision of public services under the following conditions:

i. The public services provided are exclusively non- religious in nature and scope; and,

ii. There are no religious services, proselytizing, instruction, or any other religious influences in connection with the public services; and,

iii. There is no religious discrimination in terms of employment or benefits under the public services; and,

iv. The CDBG funds may be used only for the provision of public services and not for the construction, rehabilitation or restoration of any facility owned by the religious organization where the services are to be

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C:\Granicus\Legistar5\L5\Temp\b3922cd6-1b5f-46df-9c39-534e51c46e1e.docx provided. A narrow exception to this prohibition is that minor repairs may be made where such repairs (a) are directly related to the public services, (b) are located in a structure used exclusively for non- religious purposes, and (c) constitute in dollar terms a minor portion of the CDBG expenditure for the public services.

1.19 Resident Aliens. (24 CFR § 570.613) Certain newly legalized aliens, as described in 24 CFR Part 49, are not eligible to apply for the benefits under covered activities funded by the CDBG Program. “Covered activities” are activities meeting the requirements of 24 CFR § 570.208(a) that either (1) have income eligibility requirements limiting benefits exclusively to low- and moderate-income persons, or (2) are targeted geographically or otherwise to primarily benefit low - and moderate-income persons (except for activities that benefit the public at large), and provide benefits on the basis of an application.

1.20 Environmental Requirements. (24 CFR § 470.604) Organization is not allowed to incur program expenses until the City has performed an environmental review of the proposed activities, received the release of funds, and provided the Organization with formal clearance to initiate them, along with directives for any action necessary to mitigate negative environmental impacts (24 CFR Part 58).

1.21 Historic Preservation. Organization shall not violate provisions of the Historic Preservation Act and related laws and Executive Orders. Before any commitments are made to make any physical improvements or alterations or demolition of any building, Organization shall receive assurances from the City that the Organization is in compliance.

1.22 If Organization receives State or City funds, Organization shall, in the use of those State or City funds adhere to the applicable Federal laws, regulations, policies, guidelines or requirements, herein specified, only insofar as adherence thereto would not be prohibited by valid City or State laws, regulations, policies, guidelines or requirements.

SECTION 2. FINANCIAL OBLIGATIONS OF ORGANIZATION

2.01 Fiscal Responsibilities of Organization. Organization agrees to comply with 2 CFR § 200.49 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. Organization shall:

a. Appoint and submit to City, the name of a fiscal agent who shall be responsible for the financial and accounting activities of the Organization, including the receipt and disbursement of Organization funds.

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C:\Granicus\Legistar5\L5\Temp\b3922cd6-1b5f-46df-9c39-534e51c46e1e.docx b. Establish and maintain a system of accounts that shall be in conformance with generally accepted principles of accounting for budgeted funds. Such system of accounts shall be subject to review and approval of City.

c. Document all costs by maintaining complete and accurate records of all financial transactions, including but not limited to contracts, invoices, time cards, cash receipts, vouchers, cancelled checks, bank statements and/or other official documentation evidencing in proper detail the nature and propriety of all charges.

d. Submit to the City, within ten (10) working days of the end of the preceding month, requests for reimbursement, together with documentation required by City.

e. Perform an independent fiscal audit annually in conformance with the generally accepted standard accounting principles. Such audits must identify the total funds received and disbursed, and funds granted and expended relating to this Agreement, in a form sufficient to identify, track, and correlate such funds. The Costs for such audits shall be at Organization’s expense, unless otherwise provided for in this Agreement. Copies of the completed audits must be provided to the City.

f. Be liable for repayment of disallowed costs. Disallowed costs may be identified by the City through audits, monitoring, or other sour ces.

Organization shall be afforded the opportunity to respond to any adverse findings, which may lead to disallowed costs. The City shall make the final determination of disallowed costs, subject to provisions of 2 CFR Part 200.

g. Administer all programs in conformance with 2 CFR Part 200 Subpart E, Cost Principles. These principles shall be applied for all costs incurred whether charged in a direct or indirect basis.

h. If indirect costs are charged, the Organization will develop an indirect cost allocation plan for determining the appropriate Organization’s share of administrative costs and shall submit such plan to the City for approval.

i. Certify insurability subject to City approval as outlined in EXHIBIT C entitled “INSURANCE”.

j. Submit to HUD or City at such times and in such forms as HUD or City may require, such statements, records, reports, data, and information pertaining to matters covered by this Agreement.

k. Submit for approval by the City any lease agreement either contemplated or in effect, which would be funded under this Agreement.

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2.02 Records, Reports and Audits of Organization. Organization shall comply with all applicable federal Uniform Administrative Requirements as delineated in 24 CFR § 570.502:

a. Establishment and Maintenance of Records . Organization shall maintain records, including but not limited to, books, financial records, supporting documents, statistical records, personnel, property, and all other pertinent records sufficient to reflect properly:

i. All direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred to perform this Agreement, and

ii. All other matters covered by this Agreement. Such records shall be maintained in accordance with requirements now or hereafter prescribed by the City.

b. Preservation of Records. Organization shall preserve and make available its records:

i. F or the period of five (5) years from the date of final payment to Organization under this Agreement; or,

ii. F or such longer period, if any, as may be required by applicable law; or,

iii. I f this Agreement is completely or partially terminated, for a period of five (5) years from the date of any resulting final settlement.

c. Records to be Maintained. The subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR § 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:

i. Records providing a full description of each activity undertaken; and,

ii. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG Program; and,

iii. Records required to determine the eligibility of activities; and,

iv. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; and,

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C:\Granicus\Legistar5\L5\Temp\b3922cd6-1b5f-46df-9c39-534e51c46e1e.docx v. Records documenting compliance with the fair housing and equal opportunity components of the CDBG Program; and,

vi. Financial records as required by 24 CFR § 570.502 and 2 CFR Part 200; and,

vii. Other records necessary to document compliance with Subpart K of 24 CFR Part 570.

d. Examination of Records; Facilities. At any time during normal business hours, and as often as may be deemed necessary, Organization agrees that HUD and/or City, and/or any of their respective authorized representatives shall:

i. F or a period of five (5) years after final payment under this Agreement; or,

ii. F or such longer period as may be required by applicable law; or,

iii. I f this Agreement is completely or partially terminated, for a period of five (5) years from date of any resulting settlement; or

iv. H ave access to and the right to examine its plants, offices, and facilities engaged in performance of this Agreement and all its records with respect to all matters covered by this Agreement. Organization also agrees that HUD and/or City, or any of their respective authorized representatives shall have the right to audit, examine, and make excerpts or transcripts of and from such records, and to make audits of all contracts and subcontracts, invoices, payrolls, records of personnel, conditions of employment, materials, and all other data relating to matters covered by this Agreement. Notwithstanding anything in this Agreement to the contrary for monitoring purposes, City shall not require access to any information of Organization mutually determined by the parties hereto to be proprietary.

e. Audits. 2 CFR § 200.500 sets forth standards for obtaining consistency and uniformity among Federal agencies for the audit of non- Federal entities expending Federal awards.

i. Funds may be set aside in Organization’s budget in an amount equal to City’s fair share of Organization’s cost of an independent audit, if required, with prior approval from City. A separate line item will be established.

ii. Organization shall enter into an agreement with an independent public accountant certified to practice in the State of California no later

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iii. The audit must be completed and sent to the City’s Department of Housing staff within one hundred fifty (150) days from the end of Organization’s fiscal year.

iv. Audit Standards. The independent fiscal audit shall conform to generally accepted governmental auditing principles. Such audits shall identify the funds received and disbursed under this Agreement and include the following components:

(a) Balance Sheet or Statement of Financial Position;

(b) Statement of Support, Revenue, and Expenses and Changes in Fund Balances or Statement Activities;

(d) Statement of Auditor’s Report;

(e) Communication of Internal Control Related Matters Identified in an Audit (Management Letter) from Auditor;

(f) Organization shall also submit to the agency a written management response to the findings of the Internal Control Matters.

f. Single Audits. 2 CFR § 200.501 states that Organizations that expend $750,000 or more of Federal financial assistance in a fiscal year (in aggregate, from all funding sources), in addition to conducting normal financial audit procedures, the Organization’s independent public accountant certified to practice in the State of California shall perform tests to ascertain that:

i. Expenditures submitted for reimbursement are allowable under 2 CFR Part 200; and,

ii. Expenditures are in compliance with the grant agreements between the City and Organization; and,

iii. Applicable laws and regulations. Further, the independent public accountant certified to practice in the State of California shall render an opinion as to whether the Expenditures complied with the Single

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iv. The single audit must include the following components:

(a) Balance Sheet or Statement of Financial Position;

(b) Statement of Support, Revenue and Expenses and Changes in Fund Balances or Statement Activities;

(d) Schedule of Expenditures of Federal Awards;

(e) Independent Auditor’s Report on the Financial Statement and Schedule of Expenditures of Federal Awards;

(f) Auditor’s Report on Internal Control over Financial Reporting and on Compliance and Other Matters;

(g) Auditor’s Report on Compliance with Requirements Applicable to Major Programs and on Internal Control over Compliance;

(h) Schedule of Findings and Questioned Costs;

(i) Summary of Schedule of Prior Audit Findings;

(j) Corrective Action Plan;

(k) Data Collection Form.

g. Organization’s independent public accountant, certified to practice in the State of California, shall perform reviews of Organization internal control systems and Organization’s compliance with applicable laws, regulations and requirements of this Agreement.

The independent public accountant shall issue a report on the financial statements and the Schedule of Governmental Financial Assistance, a report on the study and evaluation of internal controls and a report on Organization compliance. The three reports may be bound into a single report or presented at the same time as separate documents.

h. Should Organization not enter into an agreement with an independent public accountant certified to practice in the State of California, or should an audit not be done on a timely basis, City, at its sole discretion, may enter into an

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i. City Audits. City may perform an independent audit. Such audits may cover program as well as fiscal matters. Organization will be afforded an opportunity to respond to any audit findings and have the responses included in the final audit report. Costs of such audits will be borne by City.

j. Disallowed Costs. Organization is liable for repayment of disallowed costs as determined by City, in its sole discretion, and/or HUD. Disallowed costs may be identified through audits, monitoring or other sources. Organization shall be afforded the opportunity to respond to any adverse findings which may lead to disallowed costs. Director shall make the final determination of disallowed costs, subject to provisions of 2 CFR Part 200 and applicable HUD regulations.

SECTION 3. OTHER REQUIREMENTS OF GRANTEE

3.01 Client Data. The Organization shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to City monitors or their designees for review upon request.

3.02 Disclosure. The Organization understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the Organization’s or subrecipient’s responsibilities with respect to services provided under this Agreement, is prohibited unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian.

To the extent allowed under law, City agrees to maintain the confidentiality of any information regarding applicants for services offered by the Program pursuant to this Agreement or their immediate families which may be obtained through application forms, interviews, tests, reports, from public agencies or counselors, or any other source. Without the written permission of the applicant, such information shall be divulged only as necessary for purposes related to the performance or evaluation of the services and work to be provided pursuant to this Agreement, and then only to persons having responsibilities under the Agreement, including those furnishing services under the Program through subcontracts.

3.03 Close-outs. The subrecipient’s obligation to the City shall not end until all close- out requirements are completed pursuant to 24 CFR § 570.509. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials,

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Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the subrecipient has control over CDBG funds, including program income.

3.04 Program Income. The Organization shall report all program income (as defined at 24 CFR § 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the subrecipient shall comply with the requirements set forth at 24 CFR § 570.504. By way of further limitations, the subrecipient may use such income during the contract period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balances on hand.

All unexpended program income shall be returned to the City at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the City.

3.05 Indirect Costs. If indirect costs are charged, the Organization will develop an indirect cost allocation plan for determining the appropriate Organization’s share of administrative costs and shall submit such plan to the City for approval, in a form specified by the City.

3.06 Use and Reversion of Assets. The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 2 CFR Part 200 and 24 CFR §§ 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following:

a. The subrecipient shall transfer to the City any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination.

b. Real property under the subrecipient’s control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR § 570.208 until five (5) years after expiration of this Agreement or such longer period of time as the City deems appropriate. If the Organization fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the subrecipient shall pay the City an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non- CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the City. The subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five- year period or such longer period of time as the City deems appropriate.

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C:\Granicus\Legistar5\L5\Temp\b3922cd6-1b5f-46df-9c39-534e51c46e1e.docx c. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment). Equip ment not needed by the subrecipient for activities under this Agreement shall be (a) transferred to the City for the CDBG Program or (b) retained after compensating the City an amount equal to the current fair market value of the equipment less the percentage of non- CDBG funds used to acquire the equipment.

3.07 Hatch Act. The Organization agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C.

3.08 HMIS Participation. All agencies providing homeless services in receipt of funding from the City’s CDBG Program are required to fully participate in the Homeless Management Information System (“HMIS”) and work closely with the County of Santa Clara Office of Supportive Housing (“CSC OSH”), to ensure the agency has the mechanisms and staffing in place to use the system appropriately and in a timely manner. Funded agencies are required to collect demographic information on all clients served by the funded projects, the services provided, and consent to release the information to CSC OSH and the City’s Housing and Community Services Division.

Funded projects must utilize all appropriate aspects of HMIS in order to generate the statistical information required for reporting to the City on all universal and program level elements of the HUD Data Standards. These statistical reports must be generated directly out of HMIS. No adjustments to the HMIS reports will be accepted and it is therefore incumbent on the agency to ensure that the information they put into HMIS is accurate and up to date. City will measure performance and outcomes relating to these funded projects through the use of the HMIS statistical data, based on the HUD data elements, or other reporting requirements as determined by the City. The City will request from the HMIS Administrator, acknowledgement of the recipient agencies’ certificate of compliance with HUD privacy and security standards, acknowledgement of use of the Shelter Point program, and statistics on the percentage of Universal and Top Level Program data captured.

3.09 Organization shall include in all outreach and marketing materials, including public websites, an affirmative statement that it will provide services or benefits to all persons, race, sex, color, age, religion, actual or perceived gender identity, sexual orientation, disability, ethnic or national origin, or familial status.

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EXHIBIT E

ETHICAL STANDARDS FOR CONTRACTORS SEEKING TO ENTER INTO

AN AGREEMENT WITH THE CITY OF SANTA CLARA, CALIFORNIA, AND

AFFIDAVIT OF COMPLIANCE WITH ETHICAL STANDARDS

1.01 Ethical Standards For Contractors.

Termination of Agreement for Certain Acts.

A. The City may, at its sole discretion, terminate this Agreement in the event any one or more of the following occurs:

1. If a Contractor1 does any of the following:
a. Is convicted2 of operating a business in violation of any Federal, State or local law or regulation.
b. Is convicted of a crime punishable as a felony involving dishonesty
3;
c. Is convicted of an offense involving dishonesty or is convicted of fraud or a criminal offense in connection with: ( 1) obtaining; (2) attempting to obtain; or, (3) performing a public contract or subcontract;
d. Is convicted of any offense which indicates a lack of business integrity or business honesty which seriously and directly affects the present responsibility of a city contractor or subcontractor; and/or,
e. Made (or makes) any false statement(s) or representation(s) with respect to this Agreement.

1 For purposes of this Agreement, the word “Consultant” (whether a person or a legal entity) also refers to “Contractor” and means any of the following: an owner or co- owner of a sole proprietorship; a person who controls or who has the power to control a business entity; a general partner of a partnership; a principal in a joint venture; or a primary corporate stockholder [i.e., a person who owns more than ten percent (10%) of the outstanding stock of a corporation] and who is active in the day to day operations of that corporation.

2 For purposes of this Agreement, the words “convicted” or “conviction” mean a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere within the past five (5) years.

3 As used herein, “dishonesty” includes, but is not limited to, embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, failure to pay tax obligations, receiving stolen property, collusion or conspiracy.

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2. If fraudulent, criminal or other seriously improper conduct of any officer, director, shareholder, partner, employee or other individual associated with the Contractor can be imputed to the Contractor when the conduct occurred in connection with the individual’s performance of duties for or on behalf of the Contractor, with the Contractor’s knowledge, approval or acquiescence, the Contractor’s acceptance of the benefits derived from the conduct shall be evidence of such knowledge, approval or acquiescence.

B. The city may also terminate this Agreement in the event any one or more of the following occurs:

1. The City determines that Contractor no longer has the financial capability
4 or business experience5 to perform the terms of, or operate under, this Agreement; or,

2. If City determines that the Contractor fails to submit information, or submits false information, which is required to perform or be awarded a contract with City, including, but not limited to, Contractor’s failure to maintain a required State issued license, failure to obtain a City business license (if applicable) or failure to provide and maintain bonds and/or insurance policies required under this Agreement.

C. In the event a prospective Contractor (or bidder) is ruled ineligible (debarred) to participate in a contract award process or a contr act is terminated pursuant to these provisions, Contractor may appeal the City’s action to the City Council by filing a written request with the City Clerk within ten (10) days of the notice given by City to have the matter heard. The matter will be heard within thirty (30) days of the filing of the appeal request with the City Clerk. The Contractor will have the burden of proof on the appeal. The Contractor shall have the opportunity to present evidence, both oral and documentary, and argument.

4 Contractor becomes insolvent, transfers assets in fraud of creditors, makes an assignment for the benefit of creditors, files a petition under any section or chapter of the federal Bankruptcy Code (11 U.S.C.), as amended, or under any similar law or statute of the United States or any state thereof, is adjudged bankrupt or insolvent in proceedings under such laws, or a receiver or trustee is appointed for all or substantially all of the assets of Contractor.

5 Loss of personnel deemed essential by the City for the successful performance of the obligations of the Contractor to the City.

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AFFIDAVIT OF COMPLIANCE WITH ETHICAL STANDARDS
I hereby state that I have read and understand the language, entitled “Ethical Standards” set forth in Exhibit E . I have the authority to make these representations on my own behalf or on behalf of the legal e ntity identified herein. I have examined appropriate business records, and I have made appropriate inquiry of those individuals potentially included within the definition of “Contractor” contained in Ethical Standards at footnote 1.

Based on my review of t he appropriate documents and my good- faith review of the necessary inquiry responses, I hereby state that neither the business entity nor any individual(s) belonging to said “Contractor” category [i.e., owner or co- owner of a sole proprietorship, general partner, person who controls or has power to control a business entity, etc.] has been convicted of any one or more of the crimes identified in the Ethical Standards within the past five (5) years.

The above assertions are true and correct and are made under penalty of perjury under the laws of the State of California.

BILL WILSON CENTER
a California non-profit corporation

By:

Signature of Authorized Person or Representative

Name:

Sparky Harlan

Title: Chief Executive Officer

ORGANIZATION

NOTARY’S ACKNOWLEDGMENT TO BE ATTACHED
Please execute the affidavit and attach a notary public’s acknowledgment of execution of the affidavit by the signatory. If the affidavit is on behalf of a corporation, partnership, or other legal entity, the entity’s complete legal name and the title of the person signing on behalf of the legal entity shall appear above. Written evidence of the authority of the person executing this affidavit on behalf of a corporation, partnership, joint venture, or any other legal entity, other than a sole proprietorship, shall be attached.

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EXHIBIT F

GUIDELINES FOR MINORITY-OWNED AND WOMEN-OWNED

BUSINESS ENTERPRISES (MBE/WBE)

Section 281 of the National Affordable Housing Act requires each contractor to prescribe procedures to establish and oversee a minority outreach program for the receipt of all federal housing and community development funds including CDBG , HOME, HOPWA, ESG, Section 108, and BEDI grants.

The program shall include minority and women- owned businesses in all contracting activities entered into by the contractor to facilitate the provision of affordable housing authorized under this Act or any other federal housing law applicable to such jurisdiction.

Definitions:

• The City: The primary Organization of federal housing and community development funds is the City of Santa Clara.
• Developer/Contractor/ Subrecipient: The individual, company, corporation, partnership, business, or other entity that enters into a contract with the City of Santa Clara to carry out the work, service, or project specified in connection with receiving a federal HUD grant.
• Subcontractor: Any entity which has agreed to undertake a portion of the developer/contractor/ subrecipient general contract.
• Minority-Owned Business Enterprise (MBE): Business primarily (51%) owned, operated, and controlled by one or more members of the following race/ethnicity: Pacific Islander, American Native, African American/Black, American Indian/Alaskan Native, Hawaiian/Pacific Islander, Asian, or Hispanic. • Women-Owned Business Enterprise (WBE): Primarily (51%) owned by one or more females.

Required Program Participants’ Responsibility:

1 The City will ensure that when soliciting bids for service, construction, or maintaining “contractor lists” for developers/contractor/ subrecipient, the City will use the outreach provisions described under “Outreach Criteria.” 2 The City will require its developers/contractors/ subrecipient to carry out the provisions of MBE/WBE when soliciting bids of subcontractors.

Applicability:

• When the City makes a grant to a developer/contractor/ subrecipient for services or construction.
• When a developer/contractor/subrecipient’s subcontracts for services or construction.

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• When the developer/contractor/ subrecipients or subcontractor is a for-profit organization/business, or a nonprofit hire a for-profit subcontractor.

Steps to Meeting the Reporting Requirements:

1. If applicable, each developer/contractor/ subrecipient will need to self-certify to the city whether it is an MBE/WBE. A form will be provided to each agency awarded funds and reported annually by the developer/contractor/ subrecipients.

2. Each developer/contractor/ subrecipient will ensure that every subcontractor also self-certifies whether it is a MBE/WBE and this information is reported annually.

3. The city will follow the guidelines for “Outreach” when soliciting bids for developer/contractor/ subrecipient.

4. Each developer/contractor/ subrecipient will follow the guidelines for “Outreach” when soliciting bids for subcontractors and will report these efforts annually to the Housing Department.

Required Outreach Criteria:

• The Housing and Community Services Division will maintain a list of local MBE/WBE companies and addresses and distribute to all
developers/contractors/ subrecipients.
• When developers/contractors/ subrecipient are soliciting bids from subcontractors, they will include in any notice to local newspaper that “Women and Minority Owned Businesses are strongly encouraged to apply.” Developers/contractors/subcontractors, when feasible, are strongly encouraged to consider posting in Spanish and Vietnamese newspapers. • When the Housing and Community Services Division announces Notices of Funding Availability or Community Development Block Grants application availability, efforts will be made to include in local newspaper posting that “Women and Minority Owned Businesses are strongly encouraged to apply” and printed, when feasible, in Spanish and Vietnamese newspapers.

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EXHIBIT G
SECTION 3 GUIDELINES

Responsibilities and Procedures for Carrying Out the Requirements Under Section 3 of the Housing and Urban Development Act of 1968 Pertaining to Employment Opportunities for Lower-Income Persons.

Purpose:

To ensure that, to the greatest extent feasible, projects financed by the United States Department of Housing and Urban Development (HUD) provide lower-income residents within the city the opportunity for employment and training. Additionally, the policy should ensure that awards are made to businesses located or owned by persons residing within the City.

Definitions:

• The City: The primary Organization of federal housing and community development funds is the City of Santa Clara.
• Developer/Contractor/ subrecipient: The individual, company, corporation, partnership, business, or other entity that enters into a contract with the City of Santa Clara to carrying out the work, service, or project specified in connection with receiving a federal HUD grant.
• Subcontractor: Any entity which has agreed to undertake a portion of the developer/contractor/ subcontractor general contract.
• Section 3 Area: Is the entirety of the area located within the incorporated boundaries of the City of Santa Clara.
• Section 3 resident: An individual who resides in the Section 3 area whose family income does not exceed 80% of the area median income (AMI), or is a resident of public housing, or is a person with disabilities.
• Section 3 businesses: Those individuals, companies, corporations, partnerships, businesses, or other entities that are 51% or more owned by persons residing within the Section 3 area.

Required Program Participants’ Responsibility:

• The City will ensure that when contracting with developers, contractors, or subrecipient, the City will use the outreach provisions described under “Outreach Criteria.”
• The City will require its developers/contractors/ subrecipients to carry out the provisions of MBE/WBE when soliciting bids of subcontractors.

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• The grant from the city to the developer, contractor, or subrecipient is for housing rehabilitation, housing construction, or other public construction projects; and • When a developer, contractor, or subrecipient receives a federal HUD grant in excess of $200,000 from the city; or
• A subcontractor receives a grant in excess of $100,000.

Steps to Meeting the Reporting Requirements:

1. If applicable, each developer, contractor, or subrecipient, and each subcontractor must self-certify whether they are a Section 3 business, employs Section 3 residents, or subcontracts with business that provide opportunities to low and very low-income persons. A form will be provided by the Housing and Community Services to each eligible developer, contractor, or subcontractor which will be requested to be completed annually.

2. Each developer, contractor, or subrecipient must attempt to recruit and hire Section 3 residents or subcontract with Section 3 businesses if it finds the need for additional staff to complete the project.

3. Developers, contractors, and subrecipients, who receive HUD funding, shall seek to participate in a HUD program or other programs that promote training and education of Section 3 residents. A form will be provided by the Housing and Community Services to each eligible developer, contractor, or subcontractor, which will be requested to be completed annually.

Required Outreach Criteria:

• When hiring, it is required of all developers, contractors, or subrecipient and subcontractors to attempt to recruit Section 3 residents through local media and advertisement; signs placed at the job site; and notifying community/public/private agencies that work with low-income people.
• When developers, contractors, or subrecipient are subcontracting, they should seek to recruit Section 3 businesses.
• Developers, contractors, and subrecipient, who receive HUD funding, must seek to participate in a HUD program or other program that promotes training and education of Section 3 residents.

Goals:

• The city will develop goals for the hiring, training, and recruiting of Section 3 businesses and residents once implementation and data can be collected from current Organizations. These goals will be incorporated into the City’s Section 3 Plan.

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EXHIBIT H

PROPERTY USE RESTRICTION AGREEMENT
This Use Agreement and Covenant (“Covenant”) is entered by the Bill Wilson Center (“Owner”) for the benefit of the City - of Santa Clara (“City”) on the terms and conditions set forth below.

RECITALS
A. Owner is the owner of certain real property located at 3490 The Alameda in the City of Santa Clara , County of Santa Clara, State of California, as more particularly described in the attached ATTACHMENT A (“Property Description”).

B. Pursuant to Grant Agreement CDI -22-C01, with an end date April 30, 2024, City has made a grant of Community Development Block Grant (“CDBG”) funds (the “Grant Award”) to the Owner for Improvements (as defined in Section 1 below) to the Property,
C. Pursuant to 24 CFR 570.208, activities funded with grants of CDBG funds must meet one of the CDBG program’s three broad National Objectives: benefit low - and moderate- income persons, aid in the prevention or elimination of slums or blight conditions or meet community development needs having a particular urgency.

D. The National Objective to benefit low- and moderate-income persons may be met by an activity, the benefits of which are available to all the residents in a particular area, where at least 51 percent of the residents are low - and moderate-income persons (“Area Benefit”), or an activity that benefits a limited clientele, at least 51 percent of whom are low- and moderate-income persons (“Limited Clientele”).

E. The Grant Award to the Owner is intended to satisfy the CDBG National Objective to serve a population that is generally presumed to be low - to moderate-income individuals (i.e., homeless persons). 24 CFR 570.208(a)(2)(i)(A).

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G. Consistent with 2 CFR 200 and 24 CFR 570.502, 570.503, and 570.505, as applicable, and as a condition of disbursement of CDBG funds, the Owner is required to maintain the Improvements and to maintain the intended use on the Property as described herein.

H. As a condition of the Grant Award, the City has required the Owner to execute and record a deed of trust with assignment of rents, including exhibits thereto, which incorporate by reference this Use Agreement requiring the maintenance of this use against the Property.

NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, the Owner agrees as follows:

1. IMPROVEMENTS
Pursuant to the Grant Award, the City of Santa Clara has made available CDBG funds for the following improvements on the Property: (1) modernization and maintenance of the elevator , (2) repair the electrical system , (3) hoist room , and (4) fire room.

2. USE COVENANT
The Owner agrees that Improvements shall be used in accordance with their planned use (i.e., to provide meals via refrigeration improvements and kitchen equipment, access to public facilities eligible for assistance, shower facilities, and laundry facilities to homeless persons) (collectively, the “CDBG Use”) for the duration of the term of this Covenant. Owner agrees to maintain the CDBG Use in accordance with all applicable CDBG program requirements for the term of this Covenant. The Grant Award is conditioned upon the Owner maintaining the CDBG Use for a period not less than fifteen (5) years.

Owner hereby warrants, represents, and agrees that it shall not interfere with, terminate, or otherwise discontinue the CDBG Use during the term of this

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3. TERM
This Covenant shall expire on the Use Agreement end date of the Grant Award.

Until the 5th anniversary of the end date of the Grant Award, the Covenant shall be for the benefit of City and the U.S. Department of Housing and Urban Development (“HUD”). After that time, or such later time that HUD’s five (5) year requirements have been met, the Covenant shall be for the benefit of City.

4. MAINTENANCE COVENANT
The Owner shall maintain the Improvements and the portion of the Property where they are located consistent with CDBG rules, The Owner shall not make or allow any changes thereto that would prevent the use of Improvements for the activities described in Section 2, On an annual basis, the Owner shall submit to the City a certificate of self-insurance or other proof of adequate property insurance

5. RUNS WITH THE LAND
The Owner hereby declares its understanding and intent that:
(i) The covenants and restrictions contained herein shall be construed as covenants running with the land pursuant to California Civil Code section 1468 and not as conditions which might result in forfeiture of title by Owner; and,
(ii) The burden of the covenants and restrictions set forth in this Covenant touch and concern the interest in the Property in that the Owner’s legal interest in the Property; and,

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C:\Granicus\Legistar5\L5\Temp\b3922cd6-1b5f-46df-9c39-534e51c46e1e.docx (iii) The benefit of the covenants and restrictions set forth in this Covenant touch and concern the Property by enhancing and increasing the enjoyment and use of the Property by low and moderate-income residents of the community, the intended beneficiaries of such covenants and restrictions.

All covenants and restrictions contained herein without regard to technical classification or designation shall be binding upon the Owner and its successors in interest for the benefit of the city, and such covenants and restrictions shall run in favor of such the City for the entire period during which such covenants and restrictions shall be in force and effect, without regard to whether the City is an owner of any land or interest therein to which such covenant and restrictions relate.

6. NON-DISCRIMINATION
The Grant Award is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance prov ided under the Grant Award, the Owner shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex, sexual orientation, actual or perceived gender identity, or national origin, in the sale, lease or rental, or in tire use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the City and the United States are beneficiaries of and entitled to enforce such covenants.

7. REMEDIES
In the event of any breach of any of the covenants or restrictions set forth herein (a ‘''Default-'), the City shall have the right to exercise all the rights and remedies, and to maintain any action at law or suits in equit y or other real property proceeding. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of the City to enforce the provisions hereof in the future for any continuing or new breach or violation of any of the covenants or restrictions contained in this Covenant, All rights and remedies, including without limitation, any action to obtain repayment of the Grant Award, of any party legally entitled to enforce this Covenant, shall be cumulative and th e

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C:\Granicus\Legistar5\L5\Temp\b3922cd6-1b5f-46df-9c39-534e51c46e1e.docx exercise of any such right or remedy shall not impair or prejudice and shall not be a waiver of the right to exercise any other such rights and remedies.

8. NOTICES
Any notice or submittal required or permitted to be given to the City under this Covenant shall be in writing and personally served or sent by U.S. Mail, postage prepaid, addressed as follows:

To City: City of Santa Clara
c/o Housing and Community Services
1500 Warburton Avenue
Santa Clara, CA 95050

9. RECITALS AND EXHIBITS
Attachment A: For Exhibit H – Use Agreement
The above recitals and the attached exhibits are hereby incorporated and made a part of this Covenant.

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C:\Granicus\Legistar5\L5\Temp\b3922cd6-1b5f-46df-9c39-534e51c46e1e.docx Attachment A
(For Exhibit H-Use Agreement)

Property Legal Description

All that certain real property situated in the City of Santa Clara, County of Santa Clara, State of California, described as follows.

Originally founded as an adolescent counseling center, BWC opened its first shelter in 1977 for runaway and homeless youth. This shelter rebuilt in 1993 for to serve minor youth (ages 12 – 17) in Santa Clara County.

The parcel has one building with two stories over 17,410 square feet.

Property address: 3490 The Alameda, Santa Clara, CA 95050.

Zoning: CT
Lot size: 22,762 sq. ft.

Acres: 0.52
Census Track / Block: 5056.00/ 1
Map Reference: 54-B6

APN: 230-07-047

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C:\Granicus\Legistar5\L5\Temp\b3922cd6-1b5f-46df-9c39-534e51c46e1e.docx IN WITNESS WHERE OF, the Organization has executed this Covenant as of the date below

OWNER/ORGANIZATION:

BILL WILSON CENTER,
a California non-profit corporation

_____________________________________
By: Sparky Harlan
Title: Chief Executive Officer
Address: 3490 The Alameda
Santa Clara. CA 95050

Date: _________________

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EXHIBIT I

PROMISSORY NOTE

SECURED BY DEED OF TRUST
BWC Safety Net Shelter Elevator Replacement Project

$266,000 Santa Clara, California

____________, 2023

FOR VALUE RECEIVED, the undersigned, BILL WILSON CENTER, a California nonprofit corporation (“ Owner”) promises to pay to the CITY OF SAN TA CLARA , a Chartered California Municipal Corporation, (the “City”) at 1500 Warburton Avenue, Santa Clara, CA 95050, or such other place as the City may from time to time designate in writing, the principal sum of TWO HUNDRED SIXTY-SIX THOUSAND DOLLARS ($266,000).

This Note, along with the agreement by and between the City of Santa Clara and BILL WILSON CENTER, to carry out BWC Safety Net Shelter Elevator Replacement for the 2022- 23 program year, as may be amended from time to time, (the “Grant Agreement”), is secured by a deed of trust with assignment of rents of even date herewith to be recorded in the Official Records of the City of Santa Clara (“Deed of Trust”) which encumbers the Property (APN 230-07-047) located at 3490 The Alameda, in the City of San ta Clara, as more particularly described in Exhibit A to the Deed of Trust.

In addition to this Note, the terms and conditions of the indebtedness evidenced by this Note are set forth in the Deed of Trust, and the Grant Agreement (collectively the “Grant Documents”). Except where expressly stated otherwise, if there is any conflict between this Note, on the one hand, and the Grant Documents, on the other, this Note shall control.

1. Interest. The
principal sum of this Note shall not accrue interest.

2. Payment. The entire unpaid balance of principal and interest shall be due and payable in the event of a default under the Loan Documents occurring by the Fifth Anniversary of the recordation of the Deed of Trust, or as extended by an amendment to the Agreement. If such a default has not occurred by this date, the Loan shall convert to a grant, the Owner shall be entitled to request a reconveyance of the Deed of Trust and cancellation of this Note. After the reconveyance of the Deed of Trust, the Owner shall have no further obligation under the Grant Documents.

BORROWER HEREBY ACKNOWLEDGES AND UNDERSTANDS THAT THE ENITRE

PRINCIPAL SUM OF THE PROMISSORY NOTE MAY BE UNPAID AND DUE AND PAYBLE ON THE MATURITY DATE.

3. Acceleration of Obligation

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3.1 All unpaid principal, plus any applicable foes or charges due under this Note, or the Grant Documents, shall, at the option of the City, be immediately due and payable, time being of the essence, if during the term of this Note there occurs any of the following:
(a) by Borrower of any covenant or provision required to be performed by Borrower under the terms of this Note, or
the Loan Documents, or the occurrence of any event of
default under any of such documents; or
(b) The voluntary or involuntary (including by operation of law), sale, transfer, lease, pledge, encumbrance,
creation of a security interest in, or otherwise
hypothecation or alienation of all or any part of the
security secured by the Deed of Trust ("Security"),
without City's prior written consent, except as allowed in the Deed of Trust. The consent by the City to any sale, transfer, lease, pledge, encumbrance, creation of a
security interest in, or other hypothecation of: the Security shall not be deemed to constitute a novation or a consent to any further sale, transfer, lease, pledge encumbrance, creation of a security interest in or other hypothecation of, the Security without notice to and consent by the City. The City may, at its option, declare the indebtedness secured hereby immediately due and payable without notice to
the
Owner or any other person or entity (except as provided herein), upon all such safe, transfer, lease, pledge, encumbrance, creation of a security interest in, or other hypothecation or alienation in violation hereof. Without the written consent of the City, no sale, transfer, lease, pledge encumbrance, creation of security interest in, or other hypothecation of, the Security shall relieve or release the Owner from primary liability under the Deed of Trust or this Note, as the case may be. As used in this Section 4.1(b) the term "transfer" includes, without
limitation, the following transactions:
(i) Any total or partial sale, assignment or conveyance, or creation of any trust or power, or any transfer in
any other mode or fo1m with respect to the Security
or any paid thereof or any interest therein, or any
contract or agreement to do the same;and,

(ii) The cumulative transfer of more than ten percent
(10%) of the capital stock, partnership profit and
loss interest, or other form of interest in Owner;
and,

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C:\Granicus\Legistar5\L5\Temp\b3922cd6-1b5f-46df-9c39-534e51c46e1e.docx (iii) any merger, consolidation, sale or lease of all or substantially all of the assets of the Owner.
(c) Owner defaults under any of the other deeds of trust that encumber the Property.

3.2 From and after the time at which City has the right to accelerate the repayment of this Note pursuant to Section 4.1 above, the entire principal sum of this Note shall automatically bear a maximum interest rate permitted by Section l (2) of Article XV of the California Constitution ("Default Rate").

3.3 Borrower shall have the right but not the obligation to prepay, without penalty, at any time all or any portion of the outstanding principal balance of this Note.

3.4 Notwithstanding any agreements between Borrower and City, in no event shall the total liability for payments in the nature of interest, additional interest and other charges exceed the applicable limits imposed by the usury laws of the State of California. Any such payments that are determined to exceed applicable usury rates, shall be deemed a payment of principal.

4. Waiver by Owner. Owner, any endorser of this Note, and all others who may become liable for all or any part of the obligations evidenced by this Note hereby severally waive demand, presentment for payment, demand and protest, notice of protest, demand and dishonor and non-payment and consent to any number of renewals or extensions of time hereof. Any such renewals or extensions may be made without notice to any of said parties and without affecting their liability. The pleading of any statute of limitations as a defense to any demand against the Owner is expressly waived by Owner.

5. Other Encumbrances.

5.1 Subject to the terms of the Deed of Trust which, in this case, shall control over the Note, Borrower shall not further encumber, mortgage, or subject the Property or any interest therein to a Deed of Trust without the prior written consent of the City.

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5.2 Except for the existing Deed of Trust recorded against the Property, unless the City shall expressly agree otherwise in writing, all mortgage and Deed of Trust documents affecting the Property shall provide that in the event of any default or breach by the Borrower under any mortgage or Financing Statement other than the Deed of Trust entitling any party thereunder to accelerate the indebtedness secured thereby and foreclose upon the Property or any interest therein, the City may, at its option, (a) cure the default prior to the completion of any foreclosure and reinstate the mortgage Deed of Trust, or (b) pay the total unpaid indebtedness secured by such mortgage or Deed of Trust, in which event such mortgage or Deed of Trust shall be released. Amounts expended by the City under this paragraph shall be reimbursed by Borrower upon demand of the City therefor, and, in the event, shall bear interest at the maximum rate permitted by Section 1(2) of Article XV of the California Constitution from the date advanced by the City until paid in full. All such amounts (including such interest) shall be added to the principal of this Note. The approval by Borrower of any mortgage or Deed of Trust documents, and the placing of a security interest therefor on the Property or any portion thereof, not containing the provisions required by this Paragraph 5 shall constitute a default under this Note.

6. Joint and Several. The undersigned, if more than one, shall be jointly and severally liable hereunder.

7. Purpose of Agreement. It is the intent of the parties that the relationship evidenced by this Note shall be deemed to be one of debtor/creditor, and not of partnership or joint venture.

8. Waiver by City. Any
failure of the City or other holder to exercise any
rights hereunder shall not constitute a waiver of the rights to the later exercise thereof.

9. Amendment. This Note may not be changed, amended or modified orally.

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

11. Binding on Successors. The terms of this Note shall apply to, inure to the benefit of, and bind all parties hereto, their heirs, legatees, devisees, administrators, executors, personal representatives, successors, and assigns. Whenever used, the words "Owner", “Grantee”, “Organization” and “Trustor” shall be deemed t o include the respective heirs, legatees, devisees, administrators, executors, personal representatives, successors and assigns of Maker and Holder.

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12. No Individual Liability. Notwithstanding any provisions of this Note or the Grant Documents to the contrary, no director, officer, employee, shareholder, or other individual associated with the Owner shall have any personal liability under this Note or the Grant Documents, it being the intention of the patties that such liability is imposed solely on the corporate entity which comprises the Owner.

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C:\Granicus\Legistar5\L5\Temp\b3922cd6-1b5f-46df-9c39-534e51c46e1e.docx IN WITNESS WHEREOF, the Organization has executed this Covenant as of the date of this agreement.

OWNER/ORGANIZATION:

BILL WILSON CENTER,
a California non-profit corporation

_____________________________________
By: Sparky Harlan
Title: Chief Executive Officer
Address: 3490 The Alameda
Santa Clara. CA 95050

Date: _________________

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EXHIBIT J

DEED OF TRUST

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RECORDING REQUESTED BY

AND WHEN RECORDED MAIL TO
Name: City Clerk’s Office
Street Address: 1500 Warburton Avenue
City & State: Santa Clara, California
Zip Code: 95050

Order No.: __________________________

Parcel No.: __________________________
REC
RMF
MICRO
RTCF
LIEN
SMPF
PCOR

SPACE ABOVE THIS LINE FOR RECORDER’S USE

TO BE RECORDED WITHOUT FEE FOR GOVERNMENT CODE SELECTIONS 6103 AND 27383

DEED OF TRUST WITH ASSIGNMENT OF RENTS

(This Deed of Trust contains an acceleration clause)

This DEED OF TRUST made this ____ day of __________, 2023 between BILL WILSON CENTER, a California nonprofit corporation, herein called Trustor, whose address is 34 90 The Alameda, Santa Clara, CA 95050, the City of Santa Clara , herein called Trustee, and t he CITY OF SANTA CLARA, herein called Beneficiary.

Witnessed: That Trustor irrevocably grants, transfer and assigns to Trustee in Trust, with Power of Sale, that Property located at 3490 The Alameda, Santa Clara, CA 95050 in the City of Santa Clara, County of Santa Clara, California, more particularly described as in EXHIBIT A Legal Description, attached hereto and incorporated herein.

If the Trustor shall sell, convey or alienate said property, or any part thereof, or any interest therein, or shall be divested of his title or any interest therein in any manner or way, whether voluntarily or involuntarily, without the written consent of the beneficiary being first had and obtained, beneficiary shall have the right, at its option, to declare any indebtedness or obligations secured hereby, irrespective of the maturity date specified in any note evidencing the same, immediately due and payable.

TOGETHER WITH the rents, issues and profits thereof, subject, however, to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits.

For the Purpose of Securing (1) payment of the sum of ($266,000.00) according to the terms of a promissory note or notes of even date herewith made by Trustor, payable to order of Beneficiary, and extensions or renewals thereof; (2) the performance of each agreement of Trustor incorporated by reference or contained herein or reciting it is so secured; (3) Payment of additional sums and interest thereon which may hereafter be loaned to

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C:\Granicus\Legistar5\L5\Temp\b3922cd6-1b5f-46df-9c39-534e51c46e1e.docx Trustor, or his successors or assigns, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust.

To protect the security of this Deed of Trust, and with respect to the property above described, Trustor expressly makes each and all of the agreements, and adopts and agrees to perform and be bound by each and all of the terms and provisions set forth in subdivision A of that certain Fictitious Deed of Trust recorded in the book and page of Official Records in the office of the county recorder of the county where said property is located, noted below opposite the name of such county, namely:

COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE Alameda 1288 556 Kings 858 713 Placer 1028 379 Sierra 38 187 Alpine 3 130-31 Lake 437 110 Plumas 166 1307 Siskiyou 506 762 Amador 133 438 Lassen 192 367 Riverside 3788 347 Solano 1287 621 Butte 1330 513 Los Angeles T-3878 874 Sacramento 71-10-26 615 Sonoma 2067 427 Calaveras 185 338 Madera 911 136 San Benito 300 405 Stanislaus 1970 56 Colusa 323 391 Marin 1849 122 San Bernardino 6213 768 Sutter 655 585 Contra Costa 4684 1 Mariposa 90 453 San Francisco A-804 596 Tehama 457 183 Del Norte 101 549 Mendocino 667 99 San Juaquin 2855 283 Trinity 108 595 El Dorado 704 635 Merced 1660 753 San Luis Obispo 1311 137 Tulare 2530 108 Fresno 5052 623 Modoc 191 93 San Mateo 4788 175 Tuolumne 177 160 Glenn 469 76 Mono 69 302 Santa Barbara 2065 881 Ventura 2607 237 Humboldt 801 83 Monterey 357 239 Santa Clara 6626 664 Yolo 769 16 Imperial 1189 701 Napa 704 742 Santa Cruz 1638 607 Yuba 398 693 Inyo 165 672 Nevada 363 94 Shasta 800 633
Kern 3756 690 Orange 7182 18 San Diego SERIES 5 Book 1964, Page 149774

Said agreements, terms and provisions contained in said subdivision A and B, (identical in all counties are printed on the reverse side hereof) are by the within reference thereto, incorporated herein and made a part of this Deed of Trust for all purposes as fully as if set forth at length herein, and Beneficiary may charge for a statement regarding the obligation secured hereby, provided the charge therefore does not exceed the maximum allowed by laws.

The foregoing assignment of rents is absolute unless initiated here, in which case, the assignment serves as additional security.

BY SIGNING BELOW, Trustor accepts and agrees to the terms and covenants contained in this Security Instrument (including those provisions of the Fictitious Deed of Trust that are incorporated by reference) and in the Rider executed by Trustor and attached hereto as EXHIBIT B and incorporated hereby.

The undersigned Trustor, requests that a copy of any notice of default and any notice of sale hereunder be mailed to him at this address hereinbefore set forth.

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C:\Granicus\Legistar5\L5\Temp\b3922cd6-1b5f-46df-9c39-534e51c46e1e.docx IN WITNESS WHEREOF, the Organization has executed this Covenant as of the date of this agreement.

OWNER/ORGANIZATION:

BILL WILSON CENTER,
a California non-profit corporation

_____________________________________
By: Sparky Harlan
Title: Chief Executive Officer
Address: 3490 The Alameda
Santa Clara. CA 95050

Date: _________________

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C:\Granicus\Legistar5\L5\Temp\b3922cd6-1b5f-46df-9c39-534e51c46e1e.docx The following is a copy of provisions (1) to (14) inclusive, of the fictitious Deed of Trust, recorded in each county in California, as stated in the foregoing Deed of Trust and incorporated by reference in said Deed of Trust as being a part thereof as if set forth at length therein.

A. To Protect the Security of This Deed of Trust, Trustor Agrees:
(1) To keep said property in good condition and repair; not to remove or demolish any building thereon; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefore; to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof; not to commit, suffer or permit any act upon said property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of said property may be reasonably necessary, the specific enumeration herein not excluding the general.
(2) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or Beneficiary may apply other insurance policy upon any indebtedness secured hereby and in such order as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed. (4) To pay: at least ten days before delinquency all taxes and assessments affecting said properly, including assessments on appurtenant water stock; when due, all encumbrances, charges, and liens, with interest, on said property or any part thereof, which appear to be prior or superior hereto; all costs, fees and expenses of this Trust.
(5) Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may: make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any in cumbrance, charge or lien which in the judgment of either appears to be prior or superior hereto;

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B. It is mutually agreed:
(1) That any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof is hereby assigned and shall be paid to beneficiary who may apply or release such moneys received by him in the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance.
(2) That by accepting payment of any sum secured hereby after its due date, Beneficiary does not, waive his right either to require prompt payment when due of all other sums so secured or to declare default tor failure so to pay. (3) That at any time or from time to lime, without liability therefore and without notice, upon written request of Beneficiary and presentation of this Deed and said note for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, Trustee may: reconvey any part of said property; consent to the making of any map or plat thereof join in granting any easement thereon; or join in any extension agreement or any agreement subordinating the lien or charge hereof.
(4) That upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed and said note to Trustee for cancellation and retention and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The
Owner in such reconveyance may be described as "the person or persons legally entitled thereto." Five years after issuance of such lull reconveyance, Trustee may destroy said note and this Deed (unless directed in such request to retain them).
(5) That as additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance of these Trusts, to collect the rents, issues and profits of said property, reserving unto Trustor the right, prior to any default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may at any time without notice, either in person, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or any part thereof, in his own name sue for or otherwise collect such rents, issues and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of said property, the collection

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(6) That upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration or default and demand for sale and of written notice of default and of election to cause to be sold said property, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed, said note and all documents evidencing expenditures secured hereby.

After the lapse of such time as may then be required by law following the recordation or said notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell said property at the time and place fixed by it in said notice of sale, either as a whole or in separate parcels, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale.

Trustee may postpone sale of all or any portion of said property by public announcement at such time and place of sale, and from time to lime thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary as hereinafter defined may purchase at such sale.

After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of all sums expended under the terms hereof, not the n repaid, with accrued interest at the amount allowed by law in effect at the date hereof; all other sums then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto.
(7) Beneficiary, or any successor in ownership of any i ndebtedness secured hereby, may from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed by the Beneficiary and duly acknowledged and recorded in the offic e of the recorder of the county or counties where said property is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said instrument must contain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and page where this Deed is recorded and the name and address of the new Trustee.

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C:\Granicus\Legistar5\L5\Temp\b3922cd6-1b5f-46df-9c39-534e51c46e1e.docx (8) That this Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. The term Beneficiary shall mean the owner and holder, including pledgees, or the note secured hereby, whether or not named as Beneficiary herein. In this Deed, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. (9) That Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee.

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DO NOT RECORD

REQUEST FOR FULL RECONVEYANCE TO TRUSTEE:

The undersigned is the legal owner and holder of the note or notes, and of all other indebtedness secured by the foregoing Deed of Trust. Said note or notes, together with all other indebtedness secured by said Deed of Trust, have been fully paid and satisfied; and you are hereby requested and directed, on payment to you of any sums owing to your underline terms of said deed of Trust, to cancel said note or notes above mentioned and all other evidences of indebtedness secured by said Deed of Trust delivered to you herewith, together with the said Deed of Trust, and to reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, all the estate now held by you under the same.

Dated ___________________ ______________________________

______________________________

Please mail Deed of Trust,
Note and Reconveyance to: BILL WILSON CENTER
3490 The Alameda, SANTA CLARA, CA 95050

Do not lose or destroy this Deed of Trust OR THE NOTE, which it secures. Both must be delivered to the Trustee

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EXHIBIT A
(For Deed of Trust)

Property Legal Description

All that certain real property situated in the City of Santa Clara, County of Santa Clara, State of California, described as follows.

Originally founded as an adolescent counseling center, BWC opened its first shelter in 1977 for runaway and homeless youth. This shelter rebuilt in 1993 for minor youth (ages 12 – 17), and family in Santa Clara County.

The parcel has one building with two stories over 17,410 square feet.

Property address: 3490 The Alameda, Santa Clara, CA 95050.

Zoning: CT
Lot size: 22,762 sq. ft.

Acres: 0.52
Census Track / Block: 5056.00/ 1
Map Reference: 54-B6

APN: 230-07-047

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EXHIBIT B

RIDER TO DEED OF TRUST AND ASSIGNMENT OF RENTS

THIS RIDER TO DEED OF TRUST AND ASSIGNMENT OF RENTS is made this _____ day of ______________ , 2023, and is incorporated into and shall be deemed to amend and supplement the Deed of Trust and Assignment of Rents (“'Deed of Trust”) covering real property and any improvements thereon located 3490 The Alameda , Santa Clara, California 95050, and further described in the property description set forth in the Deed of Trust , (“Property”), of the same date given by the undersigned, BILL WILSON CENTER., a California Nonprofit Corporation ("Trust or") to secure Trustor’s promissory note to the City of Santa Clara, a municipal corporation (“City”) in the amount of TWO HUNDRED SIXTY -SIX THOUSAND DOLLARS AND NO/100 ($ 266,000.00) dated of even date herewith (the “Note”).

In addition to the covenants and agreements made in the Deed of Trust, City and Trustor further covenant and agree as follows:

1. This Rider and the Deed of Trust are made in connection with a certain Grant Agreement by and between the City of Santa Clara and BILL WILSON CENTER, for the 2022-23 programs, as may be amended from time to time (“Grant Agreement”).

The Grant Agreement provides that Trustor is the recipient of certain Community Development Block Grant (“CDBG”) funds designated for rehabilitating Trustor’s building located at 3490 The Alameda in Santa Clara, California (the “Facility”).

2. All sums secured by the Deed of Trust shall, at the option of City, become immediately due and payable upon:

(a) The sale or transfer by Trustor of the Facility or Property, without the prior written consent of City, prior to time periods specified in the Note and Grant Agreement; or,
(b) A use by Trustor of the Property or the Facility, prior to the expiration of time periods specified in the Note and Grant Agreement and the reconveyance of the Deed of Trust, which violates the terms of the Grant Agreement including the Use Agreement attached thereto, or which is not an “eligible activity” under Title 1 of the Housing and Community Development Act of 1974, Public Law

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C:\Granicus\Legistar5\L5\Temp\b3922cd6-1b5f-46df-9c39-534e51c46e1e.docx 93-383, as amended and regulations issued pursuant thereto by the United States Department of Housing and Urban Development; or, (c) An uncured default under the terms of the Deed of Trust, if City exercises this option. City shall give Trustor notice of acceleration. The notice shall provide a period of not less than sixty (60) days from the date the notice is mailed, within which Trustor must pay all sums secured by the Deed of Trust, If Trustor fails to pay these sums prior to the expiration of this sixty (60) day period, such failure shall constitute an uncured default and City may invoke any remedies permitted by the Deed of Trust without further notice or demand on Trustor.

3. The sums secured by the Deed of Trust shall be considered paid in full if the contingencies set forth in the Note and Grant Agreement have not occurred within the time periods set forth in the Grant Agreement. When said contingencies in the Note and the Grant Agreement do not occur within the time periods specified in the Grant Agreement, the Promissory Note shall have no further force or effect and shall be deemed null and void at the end of the latter of the time periods specified in the Grant Agreement, and City shall instruct the Trustee of the Deed of Trust to execute a full reconveyance, without warranty, of the Property described in the Deed of Trust.

4. Trustor hereby agrees to indemnify, hold harmless and defend wi th counsel of City’s choice, City, its agents, successors, and assigns for any and all expenses, costs, or liabilities directly or indirectly caused by displacement of and relocation of tenants located at the Facility.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK

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C:\Granicus\Legistar5\L5\Temp\b3922cd6-1b5f-46df-9c39-534e51c46e1e.docx By signing below, Trustor accepts and agrees to the terms and provisions contained in this Rider.

IN WITNESS WHEREOF, the Organization has executed this Covenant as of the date of this agreement.

OWNER/ORGANIZATION:

BILL WILSON CENTER,
a California non-profit corporation

_____________________________________
By: Sparky Harlan
Title: Chief Executive Officer
Address: 3490 The Alameda
Santa Clara. CA 95050

Date: _________________
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-166 Agenda Date: 3/7/2023

REPORT TO COUNCIL

SUBJECT
Action on Amendment No. 4 to the Agreement with Mintier Harnish, LP, for Preparation of the Zoning Code Update

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

BACKGROUND
The City is in the process of the first comprehensive update of the City’s Zoning Code since its original adoption in 1969. The City completed a competitive Request for Proposals process in 2017 and selected Mintier Harnish to provide consulting services to support the comprehensive Zoning Code Update including technical assistance and production of the updated Zoning Code document.

The City entered into an Agreement with Mintier Harnish on November 10, 2017 for a not-to-exceed amount of $201,320. The first amendment to the Agreement was approved on August 20, 2019 and increased the agreement by $46,930 to expand the scope of services in response to changes in State law and additional community input. Amendment No. 2 was approved on June 29, 2020 and increased the agreement by $75,440 to further expand the scope to address changes in local and State policies. Amendment No. 3 was approved on November 9, 2021 to extend the termination date after the public outreach and engagement efforts for the project were delayed due to the COVID-19 pandemic.

DISCUSSION
Th proposed amendment is necessary to provide funds for additional Code revisions that have resulted from changes to State law to facilitate housing production, including SB6 and AB2011, and from any changes that result from public meetings. The consultant will also provide support to City staff through any adoption hearings.

The cost of Amendment No. 4 is $50,000 and funding is covered through the previously awarded and appropriated Regional Early Action Planning (REAP) reimbursable grant from the State of California Department of Housing and Community Development. This funding will cover remaining work to complete the Code update this summer, including final California Environmental Quality Act (CEQA) review.

ENVIRONMENTAL REVIEW
This action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(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.

City of Santa Clara Printed on 3/2/2023Page 1 of 2
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23-166 Agenda Date: 3/7/2023

FISCAL IMPACT
The City was previously awarded a Regional Early Action Planning (REAP) reimbursable grant from the State of California Department of Housing and Community Development. The total maximum amount granted and reimbursable to the City may not exceed $102,684 and this amount was previously appropriated in the Engineering Operating Grant Trust Fund to cover three Planning projects, including the Zoning Code Update, as approved by the City Council on October 18, 2022.

Sufficient funding is available to cover the $50,000 cost associated with this Amendment No. 4.

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

RECOMMENDATION
Approve and authorize the City Manager to execute Amendment No. 4 to the Agreement for the Performance of Services with Mintier Harnish, LP, for preparation of the Zoning Code Update to increase the total not to exceed amount by $50,000 for a total cost of $373,690 and extend the termination date to December 31, 2024.

Reviewed by: Andrew Crabtree, Director of Community Development Approved by: Office of the City Manager

ATTACHMENTS

1. Draft Amendment No. 4 to Service Agreement with Mintier Harnish, LP

2. Amendment No. 3 to Service Agreement with Mintier Harnish, LP with RTC 21-1370

3. Amendment No. 2 to Service Agreement with Mintier Harnish, LP with RTC 20-576

4. Amendment No. 1 to Service Agreement with Mintier Harnish, LP with RTC 19-564

5. Original Agreement with Mintier Harnish, LP with Agenda Report dated 11/7/17 City of Santa Clara Printed on 3/2/2023Page 2 of 2
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Amendment No. 4 to Agreement/ Mintier Harnish – Zoning Code Update Page 1 Rev. 10/25/2019
Ebix Insurance No. S200003854

AMENDMENT NO. 4

TO THE AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND

MINTIER HARNISH, LP

PREAMBLE
This agreement (“Amendment No. 4”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Mintier Harnish, a California Limited Partnership (Consultant). City and Consultant may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
A. The Parties previously entered into an agreement entitled “Agreement for the Performance of Services by and Between the City of Santa Clara, California, and Mintier Harnish, LP”, dated November 10, 2017 (the “Original Agreement”); B. The Agreement was previously amended by Amendment No. 1, dated August 27, 2019, Amendment No. 2, dated June 29, 2020, Amendment No. 3 dated November 9, 2021 and is again amended by this Amendment No. 4. The Agreement and both previous amendments are collectively referred to herein as the “Agreement as Amended”; and
C. The Parties entered into the Origi nal Agreement for the purpose of having Contractor prepare a comprehensive Zoning Code update, and the Parties now wish to amend the Agreement as Amended to expand the scope and funding as well as extend the termination date.

NOW, THEREFORE, the Parties agree as follows:

AGREEMENT TERMS AND CONDITIONS

1. Section 5 of the Agreement as Amended, entitled “Term of Agreement,” is hereby amended to revise the termination date of the Agreement to December 31, 2024.

2. Exhibit A of the Agreement as Amended, entitled “Revised Scope of Services,” is hereby appended with the attached “Additional Work,” dated January 4, 2023.

3. That Exhibit B of the Agreement as Amended, entitled “Revised Fee Schedule,” is hereby appended with the attached “Budget for Additional Work,” dated January 4, 2023, and the total to not exceed amount of the agreement is revised to three hundred seventy-three thousand six hundred and ninety dollars ($373,690).

Amendment No. 4 to Agreement/Mintier Harnish – Zoning Code Update Page 2 Rev. 10/25/2019

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

5. Counterparts: This Amendment No. 4 may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.

The Parties acknowledge and accept the terms and conditions of this Amendment No. 4 as evidenced by the following signatures of their duly authorized representatives.

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation

Approved as to Form: Dated:

Office of the City Attorney
City of Santa Clara

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

MINTIER HARNISH, LP
a California Limited Partnership

Dated:

By (Signature):

Name: Jim Harnish
Title: Principal/Owne r
Principal Place of
Business Address:
1415 20th Street
Sacramento, CA 95811
Email Address: Jim @MintierHarnish.com
Telephone: (916) 446-0522
Fax: (916) 446-7520
“CONSULTANT”
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City of Santa Clara Zoning Code Update
Additional Work
January 4, 2023

Phase 6 Adoption

Tasks 6.1/6.2 Hearing Support
The Consultant will provide support for the Zoning Code adoption hearings. The Consultant will attend up to five Planning Commission and City Council hearings via zoom.

Task 6.3 Final Zoning Code
The Consultant will assist City staff with additional Code revisions that result from public hearings or changes to State law, including SB6 and AB2011. We will prepare an Administrative Final Zoning Code for City staff review. We will facilitate work sessions with City staff to review and discuss the revisions. Based on direction from City staff, we will prepare a Final Zoning Code for publication.

Phase 7 Zoning Map

Task 7.1 Hearing Support
The Consultant will provide support to City staff for the Zoning Map adoption hearings. The Consultant will attend up to three Planning Commission and City Council hearings via zoom.

Task 7.2 Revise Zoning Designations
The Consultant will work with City staff to identify and add new land uses to adopted zoning designations to ensure that existing land uses to continue as conforming uses. We will prepare revised zoning designation descriptions for City staff review. We will facilitate work sessions with City staff to review and discuss the revisions. Based on direction from City staff, we will prepare final zoning designations.

Task 7.3 Prepare General Plan Land Use Designations
The Consultant will assist City staff with revising General Plan land use designations (if necessary) to allow existing uses to continue. We will prepare revised land use designation descriptions for City staff review. We will facilitate work sessions with City staff to review and discuss the revisions. Based on direction from City staff, we will prepare final land use designations.

City of Santa Clara Zoning Code Update
Budget for Additional Work
January 4, 2023

City of Santa Clara Zoning Code
Additional Work
Phase/Task Harnish Gibbons Jacobson Hours Cost
Phase 6
Tasks

6.1/6.2
8 12 12 32 $7,780
Task 6.3 4 24 24 52 $12,440
Subtotal 12 36 36 84 $20,220
Phase 7
Task 7.1 4 8 8 20 $4,840
Task 7.2 4 16 4 24 $5,760
Task 7.3 4 16 4 24 $5,760
Subtotal 12 40 16 68 $16,360
Project
Management

16 24

8 48

$11,720
Total Hours 40 100 60 190
Hourly Rate $260 $235 $240
Labor $10,400 $23,500 $14,400 $48,300
Direct
Expenses

$1,000
Contingency $700
TOTAL
COST
$50,000

Prepared by Mintier Harnish
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AMENDMENT NO. 3

TO THE AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND

MINTIER HARNISH, LP

PREAMBLE
This agreement ("Amendment No. 3") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Mintier Harnish, a California Limited Partnership (Consultant). City and Consultant may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."

RECITALS
A The Parties previously entered into an agreement entitled "Agreement for the Performance of Services by and Between the City of Santa Clara, California, and Mintier Harnish, LP", dated November 10, 2017 (the "Original Agreement"); B. The Agreement was previously amended by Amendment No. 1, dated August 27, 2019, Amendment No. 2, dated June 29, 2020, and is again amended by this Amendment No. 3. The Agreement and both previous amendments are collectively referred to herein as the "Agreement as Amended"; and C. The Parties entered into the Original Agreement for the purpose of having Contractor prepare a comprehensive Zoning Code update, and the Parties now wish to amend the Agreement as Amended to extend the termination date.

NOW, THEREFORE, the Parties agree as follows:

AGREEMENT TERMS AND CONDITIONS

1. Section 5 of the Agreement as Amended, entitled "Term of Agreement," is hereby amended to revise the termination date of the Agreement to December 31, 2022.

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

3. Counterparts: This Amendment No. 3 may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.

Amendment No. 3 to Agreement/ Mintier Harnish - Zoning Code Update Rev. 10/25/2019

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City Council and Authorities ConcurrentMarch 7, 2023

City Council and Authorities Concurrent
March 7, 2023