City of Santa Clara
Meeting Agenda
Council and Authorities Concurrent Meeting
Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
Tuesday, October 10, 2023 4:00 PM
The City of Santa Clara is conducting City Council meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely). • Via Zoom:
o https://santaclaraca.zoom.us/j/99706759306
Meeting ID: 997-0675-9306
o Phone 1(669) 900-6833
How to Submit Written Public Comment Before City Council Meeting:
1. Use the eComment tab located on the City Council Agenda page https://santaclara.legistar.com/Calendar.aspx. eComments are directly sent to the iLegislate application used by City Council and staff, and become part of the public record. eComment closes 15 minutes before the start of a meeting.
2. By email to [email protected] by 12 p.m. the day of the meeting. Those emails will be forwarded to the Council and will be uploaded to the City Council Agenda as supplemental meeting material. Emails received after the 12 p.m. cutoff time up through the end of the meeting will form part of the meeting record. Please identify the Agenda Item Number in the subject line of your email.
NOTE: Please note eComments and Emails received as public comment will not be read aloud during the meeting.
Agendas, Staff Reports and some associated documents for City Council items may be viewed on the Internet at https://santaclara.legistar.com/Calendar.aspx All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at the Office of the City Clerk at Sana Clara City Hall, 1500 Warburton Avenue, Santa Clara, CA 95050 at the same time that the public records are distributed or made available to the legislative body. Any draft contracts, ordinances and resolutions posted on the Internet site or distributed in advance of the Council meeting may not be the final documents approved by the City Council. For the final document, you may contact the Office of the City Clerk at (408) 615-2220 or [email protected].
City of Santa Clara Page 1 of 13 Printed on 10/5/2023
Council and Authorities Concurrent
Meeting
Meeting Agenda October 10, 2023
Closed Session - 4:00 PM | Study Session - 5:30 PM | Regular Meeting - 7:00 PM 4:00 PM CLOSED SESSION
Call to Order in Council Chambers
Roll Call
1.A Conference with Labor Negotiators (CC)
Pursuant to Gov. Code § 54957.6
City representatives: Jōvan Grogan, Nadine Nader, Aracely Azevedo, Marco Mercado, Charles Sakai, Glen Googins
Employee Organization(s):
Units #5, 7 & 8-City of Santa Clara Employees Association Unit #9A-Unclassified Police Management Employees
23-1217
1.B Conference with Real Property Negotiators (CC)
Pursuant to Gov. Code § 54956.8
Property: 575 Pomeroy Avenue, Santa Clara, CA 95051-6131, APN: 293-09-005
City Negotiators: Jōvan D. Grogan, Cynthia Bojorquez,
Elizabeth Klotz
Negotiating Parties: Kilarney Farms Swim Center Inc.
Under Negotiation: Purchase of Real Property (provisions, price and terms)
23-1218
Public Comment
The public may provide comments regarding the Closed Session item(s) just prior to the Council beginning the Closed Session. Closed Sessions are not open to the public.
Convene to Closed Session (Council Conference Room)
5:30 PM JOINT DINNER
Call to Order in Council Chambers
Confirmation of Quorum of Council Attendance
Roll Call of Youth Commission
2. 23-859 Joint City Council and Youth Commission Dinner Meeting 7:00 PM COUNCIL REGULAR MEETING
*Open Session is to begin at 7:00 PM or shortly thereafter.
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Council and Authorities Concurrent
Meeting
Meeting Agenda October 10, 2023
Call to Order in Council Chambers
Pledge of Allegiance and Statement of Values
REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS
(October 4, 2023 and October 10, 2023)
CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
SPECIAL ORDER OF BUSINESS
3.A Proclaim October 2023 as Hindu American Awareness and Appreciation Month
23-946
3.B 23-947 Proclaim October 2023 as Domestic Violence Awareness Month
3.C 23-1244 Proclaim October 9, 2023, as Hangul Day
3.D 23-1245 Proclaim October 2023 as Filipino American History Month
CONSENT CALENDAR
[Items listed on the CONSENT CALENDAR are considered routine and will be adopted by one motion. There will be no separate discussion of the items on the CONSENT CALENDAR unless discussion is requested by a member of the Council, staff, or public. If so requested, that item will be removed from the CONSENT CALENDAR and considered under CONSENT ITEMS PULLED FOR DISCUSSION.]
4.A 23-22 Board, Commissions and Committee Minutes
Note and file the Minutes of:
Youth Commission - May 9, 2023
Parks & Recreation Commission - August 15, 2023
Senior Advisory Commission - August 28, 2023
Cultural Commission - August 7, 2023
Recommendation:
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Council and Authorities Concurrent
Meeting
Meeting Agenda October 10, 2023
4.B Action on Award of Contract for the Memorex and San Tomas Junction Transmission Line Extension Projects Contract No. 2449-9668 & 2442-9668 to Henkels & McKoy West funded by the Electric Utility Capital Fund
23-118
1. Award a Public Works Contract for the Memorex
and San Tomas Junction Transmission Line
Extension Projects to the lowest responsive and
responsible bidder, Henkels & McKoy West, in the
amount of $4,631,813 funded by the Electric Utility
Capital Fund, and authorize the City Manager to
execute the Public Works Contract, subject to the
review and approval as to form by the City Attorney,
and any and all documents associated with, and
necessary for the award, completion, and
acceptance of these Projects ; and
2. Authorize the City Manager to execute change
orders up to approximately 15 percent of the
original contract price, or $694,772, for a total not
to exceed amount of $5,326,585.
Recommendation:
4.C Action on Award of Contract for the Freedom Circle Junction Cut-In Transmission Line Extension Project Contract No. 2451 to Henkels & McCoy West funded by the Electric Utility Capital Fund
23-119
1. Award a Public Works Contract for the Freedom
Circle Junction Cut-In Transmission Line Extension
Project to the lowest responsive and responsible
bidder, Henkels and McCoy West, in the amount of
$398,860 funded by the Electric Utility Capital
Fund, and authorize the City Manager to execute
the Public Works Contract and any and all
documents associated with, and necessary for the
award, completion, and acceptance of this Project
subject to the review and approval as to form by the
City Attorney and
2. Authorize the City Manager to execute change
orders up to approximately 15 percent of the
original contract price, or $59,829, for a total
maximum compensation of $458,689.
Recommendation:
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Council and Authorities Concurrent
Meeting
Meeting Agenda October 10, 2023
4.D Action to Amend the Community Development Department’s Building Division Consultant Agreements for Plan Review and Inspection Services, and Approve the Related Budget
Amendment
23-1048
1) Approve and authorize the City Manager to
execute 9 plan check agreement Amendments
and 1 new plan check Agreement, in final forms
approved by the City Attorney, with an increase
in the maximum aggregate compensation of
$2,949,000 by $2,200,000 for a new revised
amount of $5,149,000, with the following firms:
· 4Leaf, Inc. Amendment No. 2
· Bureau Veritas North America, Inc. Amendment
No. 1
· CSG Consultants, Inc. Amendment No. 2
· Interwest Consulting Group, Inc. Agreement
· Jason Addison Smith Consulting Services, Inc.
(JAS Pacific) Amendment No. 2
· Plan Review Consultants, Inc. Amendment No. 5
· Shums Coda Associates, Inc. Amendment No. 6
· Synergetic Consulting Amendment No. 3
· TRB + Associates, Inc. Amendment No. 6
· West Coast Code Consultants, Inc. Amendment
No. 4; and
2) Approve the FY 2023/24 budget amendment in
the Building Development Services Fund to
increase the appropriation to the Community
Development Department by $2,200,000 and
reduce the unrestricted ending fund balance
by$2,200,000 (five affirmative Council votes
required for the use of unused balances).
Recommendation:
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Council and Authorities Concurrent
Meeting
Meeting Agenda October 10, 2023
4.E Action on a Grant Agreement with the California Office of Traffic Safety, and Amendment No. 1 to the Agreement with Safe
Moves, Inc., for the Safe Routes to School Program, and Related Budget Amendments
23-936
1. Authorize the City Manager to execute and take
all necessary steps to approve the Grant
Agreement between the City of Santa Clara
and the State of California Office of Traffic
Safety in the amount of $45,200 for the Safe
Routes to School Program, in a final form
approved by the City Attorney;
2. Authorize the City Manager to execute
Amendment No. 1 to the Agreement with Safe
Moves, Inc. to increase the maximum
compensation by $45,200 for a revised
not-to-exceed amount of $645,200, to provide
equipment and services in support of the Safe
Routes to School Program, in a final form
approved by the City Attorney;
3. Authorize the City Manager to make minor
modifications to both agreements and to extend
the terms, if needed, in a final form approved by
the City Attorney; and
4. Approve the FY 2023/24 budget amendment in
the Streets and Highways Capital Fund to
increase the Other Agencies Revenue estimate
by $45,200 to recognize grant funding for the
OTS grant and establish the 2023 Santa Clara
School Pedestrian and Bicycle Safety Project in
the amount of $45,200 (five affirmative
Council votes required to appropriate
additional revenue).
Recommendation:
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Council and Authorities Concurrent
Meeting
Meeting Agenda October 10, 2023
4.F Action on Amendment No. 1 to the Agreement with Real Environmental Products, LLC for Landfill Gas Collection System Repair and Maintenance Services
23-995
Approve and authorize the City Manager to execute
Amendment No. 1 to the Agreement with Real
Environmental Products, LLC to increase the
maximum compensation by $300,000 for a total
contract amount of $1,300,000 over the five-year term
for landfill gas collection system repair and
maintenance services, subject to appropriations.
Recommendation:
4.G Action on Amendment No. 5 to the Contract Between the County of Santa Clara and City of Santa Clara Congregate Meals Program
23-925
1. Approve and authorize the City Manager to execute
Amendment No. 5 to the Contract Between the
County of Santa Clara and City of Santa Clara -
Congregate Meals at the Santa Clara Senior
Center in an amount not to exceed $139,308 for FY
2023/24 for a total contract amount not to exceed
$636,818, in a final form approved by the City
Attorney; and
2. Authorize the Office of the City Manager to
negotiate and execute minor amendments to the
Agreement, in a final form approved by the City
Attorney, subject to Council appropriation of funds;
and
3. Approve the related FY 2023/24 budget
amendment in the Parks and Recreation Operating
Grant Trust Fund to increase the Other Agencies
Revenue estimate and the Senior Nutrition
Program appropriation by $14,390 (five affirmative
Council votes required to appropriate additional
revenue).
Recommendation:
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Council and Authorities Concurrent
Meeting
Meeting Agenda October 10, 2023
4.H Action to Accept Federal Community Project Funding for the De La Cruz, Lick Mill, Scott Boulevards Bicycle Improvements Project, and the Anna Drive Neighborhood Flood Protection Project; Authorize the City Manager to Execute All Documents Related to Accepting Federal Funding, and Approve the Related Budget Amendments
23-836
1. Accept Federal Funding Under the Community Project
Funding administered by the California Department of
Transportation and Authorize the City Manager to
Execute All Documents Related to Accepting Federal
Funding; and
2. Approve the following FY 2023/24 budget amendments:
A. In the Streets and Highway Capital Fund, increase
the Other Agencies Revenue estimate in the amount
of $2,725,000 to recognize Federal Community
Project funding, decrease the Pedestrian and Bicycle
Enhancement Facilities Project in the amount of
$354,000, and establish the De La Cruz, Lick Mill,
and Scott Boulevards Bicycle Improvements Project
in the amount of $3,079,000 (five affirmative
Council votes required to appropriate additional
revenue); and
B. In the Storm Drain Capital Fund, increase the Other
Agencies Revenue estimate in the amount of
$3,000,000 to recognize Federal Community Project
funding, decrease the Laurelwood Pump Station
Rehabilitation Project in the amount of $400,000,
and establish the Anna Drive Neighborhood Flood
Protection Project in the amount of $3,400,000 (five
affirmative Council votes required to appropriate
additional revenue).
Recommendation:
City of Santa Clara Page 8 of 13 Printed on 10/5/2023
Council and Authorities Concurrent
Meeting
Meeting Agenda October 10, 2023
4.I Action on a Request for a Special Permit to Allow Outdoor Display of Goods for Sale at 2213 El Camino Real from October 11, 2023 through November 30, 2023
23-1074
1. Determine the issuance of the Special Permit
to be categorically exempt from formal
environmental review pursuant to CEQA
Guidelines section 15304(e) (Class 4 - “Minor
Alterations to Land”); and
2. Adopt the findings listed in the Report in
accordance with City Code Section 18.60.030
and approve the request of a Special Permit to
allow for outdoor display and sales events at
2213 El Camino Real from October 11, 2023
through November 30, 2023, subject to
conditions.
Recommendation:
4.J Resolution Increasing the Transient Occupancy Tax Rate from
11.5% to 12.5% effective January 1, 2024; and Introduction of an Ordinance Amending Section 3.25.030 of the Santa Clara City Code to Reflect the Increase in the Transient Occupancy Tax Rate
23-1075
1. Approve a resolution increasing the Transient
Occupancy Tax rate from 11.5% to 12.5% effective
January 1, 2024; and
2. Approve the introduction of an ordinance
amending section 3.25.030 of the Santa Clara City
Code to reflect the increase in the Transient
Occupancy Tax rate.
Recommendation:
4.K Action on Council and Authorities Concurrent and Stadium Authority Meetings for 2024
23-1140
Set the 2024 calendar year Council and Authorities
Concurrent and Stadium Authority as reflected on the
attached calendar.
Recommendation:
City of Santa Clara Page 9 of 13 Printed on 10/5/2023
Council and Authorities Concurrent
Meeting
Meeting Agenda October 10, 2023
4.L Action on Silicon Valley Power’s Updated Sponsorship List of Annual Events and Activities and Continued Delegation of Authority to City Manager to Approve Additional Sponsorships of up to $10,000
23-1167
1. Approve Silicon Valley Power’s annual sponsorship
support of the events and activities listed in
Attachment 1; and
2. Authorize the City Manager to approve additional
sponsorships of up to $10,000 per event through
the execution of the Silicon Valley Power
Sponsorship Application in substantially the form
set forth in Attachment 2.
Recommendation:
4.M Action on Amendments to Council Policy 035 (“Naming of Facilities”) as recommended by the Governance and Ethics Committee
23-637
Adopt a Resolution amending Council Policy 035 on
Naming of Facilities.
Recommendation:
4.N Note and file the 2023 Report on Flood Insurance Coverage Assessment
23-752
Note and file the Report on Flood Insurance Coverage
Assessment.
Recommendation:
PUBLIC PRESENTATIONS
[This item is reserved for persons to address the Council or authorities on any matter not on the agenda that is within the subject matter jurisdiction of the City or Authorities. The law does not permit action on, or extended discussion of, any item not on the agenda except under special circumstances. The governing body, or staff, may briefly respond to statements made or questions posed, and appropriate body may request staff to report back at a subsequent meeting. Although not required, please submit to the City Clerk your name and subject matter on the speaker card available in the Council Chambers.]
CONSENT ITEMS PULLED FOR DISCUSSION
PUBLIC HEARING/GENERAL BUSINESS
City of Santa Clara Page 10 of 13 Printed on 10/5/2023
Council and Authorities Concurrent
Meeting
Meeting Agenda October 10, 2023
5. Informational Presentation by the Cities Association of Santa Clara County on a Proposed Joint Powers Agreement to
Establish the Cities Association of Santa Clara County Joint Powers Agency
23-1269
Receive the Cities Association of Santa Clara
County’s presentation; and discuss and provide
feedback on the proposed Joint Powers Agreement
to establish the Cities Association of Santa Clara
County Joint Powers Agency.
Recommendation:
6. Continuance Until October 24, 2023 of the Public Hearing Scheduled for a Tentative Parcel Map, Rezone, and
Architectural Review to Add a Second-Story Accessory Dwelling Unit and Create Two Separate Lots Each with an Existing Residence and a New Detached Garage on the Property
Located at 1365 Main Street and 1070 Lewis Street
23-1251
Open the Public Hearing and then immediately
continue this Public Hearing item to the October 24,
2023 City Council meeting.
Recommendation:
7. Public Hearing: Action on a Rezone to Planned Development and Architectural Review for a First- and Second-Story Addition to a Single-Family Residence at 1485 Bellomy Street
23-1090
1. Determine the project to be categorically
exempt from CEQA under Class 1(e)(2)
(Existing Facilities).
2. Adopt a resolution to approve a Rezone from
PD - Planned Development to PD to allow a
615 square foot first-floor addition and 1,008
square foot second-floor addition at 1485
Bellomy Street, subject to conditions of
approval.
3. Adopt a resolution to approve an Architectural
Review of the proposed first- and second-story
addition at 1485 Bellomy Street, subject to
conditions of approval.
Recommendation:
8. 23-1159 Silicon Valley Power Quarterly Update
Note and file the Silicon Valley Power Quarterly
Update.
Recommendation:
City of Santa Clara Page 11 of 13 Printed on 10/5/2023
Council and Authorities Concurrent
Meeting
Meeting Agenda October 10, 2023
9. Action Authorizing the City Manager to Negotiate and Execute an Agreement with HD Hyundai Electric America Corporation for the Purchase of Up to Twelve (12) High Voltage Transformers to be Funded by the Electric Utility Capital Fund
23-122
Authorize the City Manager to:
1. Determine that the proposed actions are exempt
from CEQA pursuant to Section 15061 (b)(3) of
Title 14 of the California Code of Regulations;
2. Negotiate and execute an agreement with HD
Hyundai Electric America Corporation (Agreement)
for the manufacture and delivery of up to twelve (12)
High Voltage Transformers including delivery,
installation, and related services for a not to exceed
amount of $81,392,908 funded by the Electric Utility
Capital Fund inclusive of delivery, installation,
commissioning, a five-year warranty, and all
applicable sales taxes, subject to the review and
approval as to form by the City Attorney; and
3. Authorize the City Manager to take any actions as
necessary to implement and administer the
Agreement and negotiate and execute
amendments to the Agreement (a) extend the term
or schedule of performance; and (b) increase the
maximum compensation by $8,100,000 for design
changes and any unanticipated issues that may
arise during production or commissioning of the
transformers, subject to the appropriation of funds
and the review and approval as to form by City
Attorney.
Recommendation:
REPORTS OF MEMBERS AND SPECIAL COMMITTEES
CITY MANAGER/EXECUTIVE DIRECTOR REPORT
ADJOURNMENT
The next regular scheduled meeting is on Tuesday, October 24, 2023 in the City Hall Council Chambers.
City of Santa Clara Page 12 of 13 Printed on 10/5/2023
Council and Authorities Concurrent
Meeting
Meeting Agenda October 10, 2023
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.
STREAMING SERVICES: As always, the public may view the meetings on SantaClaraCA.gov, Santa Clara City Television (Comcast cable channel 15 or AT&T U-verse channel 99), or the livestream on the City’s YouTube channel or Facebook page.
Note: The public cannot participate in the meeting through these livestreaming methods; livestreaming capabilities may be disrupted at times, viewers may always view and participate in meetings in-person and via Zoom as noted on the agenda.
AB23 ANNOUNCEMENT: Members of the Santa Clara Stadium Authority, Sports and Open Space Authority and Housing Authority are entitled to receive $30 for each attended meeting.
Note: The City Council and its associated Authorities meet as separate agencies but in a concurrent manner. Actions taken should be considered actions of only the identified policy body.
LEGEND: City Council (CC); Stadium Authority (SA); Sports and Open Space Authority (SOSA); Housing Authority (HA); Successor Agency to the City of Santa Clara Redevelopment Agency (SARDA); Bayshore North Project Enhancement Authority (BNPEA); Public Facilities Financing Corporation (PFFC) Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker." In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible.
The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.
Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format. Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.
Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.
City of Santa Clara Page 13 of 13 Printed on 10/5/2023
MEETING DISCLOSURES
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1217 Agenda Date: 10/10/2023
SUBJECT
Conference with Labor Negotiators (CC)
Pursuant to Gov. Code § 54957.6
City representatives: Jōvan Grogan, Nadine Nader, Aracely Azevedo, Marco Mercado, Charles Sakai, Glen Googins
Employee Organization(s):
Units #5, 7 & 8-City of Santa Clara Employees Association Unit #9A-Unclassified Police Management Employees
City of Santa Clara Page 1 of 1 Printed on 10/5/2023
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1218 Agenda Date: 10/10/2023
SUBJECT
Conference with Real Property Negotiators (CC)
Pursuant to Gov. Code § 54956.8
Property: 575 Pomeroy Avenue, Santa Clara, CA 95051-6131, APN: 293-09-005
City Negotiators: Jōvan D. Grogan, Cynthia Bojorquez, Elizabeth Klotz Negotiating Parties: Kilarney Farms Swim Center Inc.
Under Negotiation: Purchase of Real Property (provisions, price and terms) City of Santa Clara Page 1 of 1 Printed on 10/5/2023
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-859 Agenda Date: 10/10/2023
REPORT TO COUNCIL
SUBJECT
Joint City Council and Youth Commission Dinner Meeting
BACKGROUND
On July 19, 2016, the City Council approved publicly-noticed joint dinner meetings between the City Council and City advisory bodies in an effort to provide a vehicle for communication between the City Council and City Boards, Committees, and Commissions.
During the COVID-19 pandemic, these meetings were suspended. Consequently, this will be the first joint dinner meeting with the Youth Commission since December 10, 2019.
DISCUSSION
As of September 2023, the City Council has restored its past practice of convening an annual joint dinner meeting with City advisory bodies. The purpose of this meeting will be to provide an opportunity to share the Commission’s work efforts with the City Council. The joint dinner meeting between the City Council and the Youth Commission will take place on October 10, 2023.
The meeting will begin with introductions from the Mayor, City Councilmembers, Commissioners and City staff. This will be followed by a presentation from the City Manager who will present an update on the organization. The City Manager will also discuss plans to enhance the annual Board and Commission workplan development process to better align with the City Council priority setting process. The final third of the agenda is intended to provide the Commission with an opportunity to share their recent accomplishments and to have an open dialogue with the City Council. The agenda for the dinner meeting is enclosed as Attachment 1.
ENVIRONMENTAL REVIEW
This is an information report only and no action is being taken by the City Council and no environmental review under the California Environmental Quality Act (“CEQA”) is required.
FISCAL IMPACT
There is no fiscal impact to the City other than staff time.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
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23-859 Agenda Date: 10/10/2023
Reviewed by: Maria Le, Assistant to the City Manager, Mayor and Council Office Approved by: Jōvan D. Grogan, City Manager
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Joint City Council and Youth Commission Meeting
AGENDA
Tuesday, October 10, 2023
5:30 p.m.
City Council Chambers
# Agenda Topic Who
1 Welcome Mayor Lisa M. Gillmor
2 Introductions
• City Council Members
• Commission Members
• Staff
All
3 City Manager Presentation
• Organizational Update
• Discuss the need to enhance annual Board &
Commission Workplan Development Process and
align with the City Council Annual Priority Setting
Process
City Manager Jōvan D. Grogan
4 Dinner Discussion
• Commission Accomplishments and Workplan Since
Last Council Dinner
All
City of
Santa Clara
The Center of What's Possible
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-946 Agenda Date: 10/10/2023
REPORT TO COUNCIL
SUBJECT
Proclaim October 2023 as Hindu American Awareness and Appreciation Month
BACKGROUND
Since its inception in 2013, the Hindu American Foundation has led efforts in California and elsewhere to recognize October as Hindu American Awareness and Appreciation Month. Hindu American Awareness and Appreciation Month highlights Hinduism as a tradition and contributions Hinduism has made to society. The month seeks to highlight the Hindu-American experience, emphasizing the community's contributions and challenges to life in the United States, both historically and currently.
DISCUSSION
The City of Santa Clara will recognize October 2023 as Hindu American Awareness and Appreciation Month on October 10, 2023 with a proclamation from the City Council.
ENVIRONMENTAL REVIEW
This is an information report only and no action is being taken by the City Council and no environmental review under the California Environmental Quality Act (“CEQA”) is required.
FISCAL IMPACT
There is no fiscal impact to the City other than staff time.
COORDINATION
This report has been coordinated with the City Manager’s Office, the City Attorney’s Office, and the Mayor & Council Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
Reviewed by: Fiona Kirby, Management Analyst, Mayor & Council Office Approved by: Jōvan D. Grogan, City Manager
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-947 Agenda Date: 10/10/2023
REPORT TO COUNCIL
SUBJECT
Proclaim October 2023 as Domestic Violence Awareness Month
BACKGROUND
October is Domestic Violence Awareness Month. Domestic Violence Awareness Month evolved from the first Day of Unity observed in October 1981 by the National Coalition Against Domestic Violence, which connected battered women’s advocates from across the country who were working to end domestic violence against women and children.
In 1989, Congress passed Public Law 101-112, officially designating October of that year as National Domestic Violence Awareness Month. Since then, cities across the nation have joined with battered women’s advocates to proclaim the month of October as Domestic Violence Awareness month.
Each year, Domestic Violence Awareness Month is observed to encourage individuals, advocates, and communities to take actions to help end domestic violence. Community events are held to raise public awareness of domestic violence issues, to educate victims on how to access available resources, and to send a powerful statement to abusers that domestic violence will not be tolerated.
DISCUSSION
At the October 10, 2023 City Council meeting, the City Council will proclaim October 2023 as Domestic Violence Awareness Month and present the proclamation to representatives from Maitri, a nonprofit organization that primarily helps families and individuals from South Asia and Next Door Solutions, the largest provider of domestic violence services in Santa Clara County.
ENVIRONMENTAL REVIEW
This is an information report only and no action is being taken by the City Council and no environmental review under the California Environmental Quality Act (“CEQA”) is required.
FISCAL IMPACT
There is no fiscal impact to the City other than staff time
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
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23-947 Agenda Date: 10/10/2023
Reviewed by: Fiona Kirby, Management Analyst, Mayor & Council Office Approved by: Jōvan D. Grogan, City Manager
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1244 Agenda Date: 10/10/2023
REPORT TO COUNCIL
SUBJECT
Proclaim October 9, 2023, as Hangul Day
BACKGROUND
Hangul, the Korean alphabet, was invented in the 15th century by King Sejong the Great of Korea and has been used to write the Korean language since the alphabet’s creation. Hangul is the official writing system of both South and North Korea.
In 1446, in the 28th year of his kingship, King Sejong published the “Hunminjeongeum,” the realization of his decree to research and develop a writing system that would be simple and easy for Koreans to master and communicate.
The Korean alphabet was named Hangul in 1928, and in 1940 Korean language scholars Lee Hee Seung and Lee Byeong Ro discovered the “Hunminjeongeum” Haerye manuscript and calculated October 9th, 1446, to be the birth date of Hangul.
In 2019, the California Assembly proclaimed October 9, 2019, and each October 9 thereafter, as Hangul Day.
DISCUSSION
The City will proclaim October 9, 2023 as Hangul Day.
ENVIRONMENTAL REVIEW
This is an informational report only and no action is being taken by the City Council and no environmental review under the California Environmental Quality Act (“CEQA”) is required.
FISCAL IMPACT
There is no fiscal impact other than staff time for preparing this report.
COORDINATION
This report has been coordinated with the City Manager’s Office and the Mayor & Council Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
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23-1244 Agenda Date: 10/10/2023
Reviewed by: Fiona Kirby, Management Analyst, Mayor and Council Office Approved by: Jōvan D. Grogan, City Manager
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1245 Agenda Date: 10/10/2023
REPORT TO COUNCIL
SUBJECT
Proclaim October 2023 as Filipino American History Month
BACKGROUND
The Filipino American National Historical Society (FANHS) began observing October as Filipino American History Month in 1991. The month was established to commemorate the first documented landing of Filipinos in what is now known as the continental United States over 425 years ago. The United States Congress passed subsequent Resolutions to Recognize October as Filipino American History Month nationally in 2009, 2010, and in 2011. Commemorating Filipino American History Month includes taking part in activities and events to bring awareness of the significant role Filipinos have played in American history.
The 2023 theme for Filipino American History Month is “1898: Recognizing 125 Years of PhilippineAmerican History.” The year 2023 marks the 125th anniversary of the signing of the Treaty of Paris - an agreement between Spain and the United States that ended the Spanish American War and led to the U.S. annexation of the Philippines.
The year 1898 also marks an important year in Philippine history. After centuries of Filipinos fighting against Spanish colonizers, the people of the Philippines declared their independence on June 12, 1898. However, both Spain and the US ignored this declaration and signed the Treaty of Paris on December 10, 1898 without any representation from the Philippines in the negotiation. The Philippines did not become a fully independent nation until the end of World War II in 1946.
DISCUSSION
The City will proclaim October 2023 as Filipino American History Month.
ENVIRONMENTAL REVIEW
This is an informational report only and no action is being taken by the City Council and no environmental review under the California Environmental Quality Act (“CEQA”) is required.
FISCAL IMPACT
There is no fiscal impact other than staff time for preparing this report.
COORDINATION
This report has been coordinated with the City Manager’s Office and the Mayor & Council Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website City of Santa Clara Page 1 of 2 Printed on 10/5/2023
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23-1245 Agenda Date: 10/10/2023
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.
Reviewed by: Fiona Kirby, Management Analyst, Mayor and Council Office Approved by: Jōvan D. Grogan, City Manager
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-22 Agenda Date: 10/10/2023
REPORT TO COUNCIL
SUBJECT
Board, Commissions and Committee Minutes
COUNCIL PILLAR
Enhance Community Engagement and Transparency
RECOMMENDATION
Note and file the Minutes of:
Youth Commission - May 9, 2023
Parks & Recreation Commission - August 15, 2023
Senior Advisory Commission - August 28, 2023
Cultural Commission - August 7, 2023
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City of Santa Clara
Meeting Minutes
Youth Commission
Draft
6:00 PM City Hall - Cafeteria
1500 Warburton Avenue
Santa Clara, CA 95050
05/09/2023
CALL TO ORDER AND ROLL CALL
The meeting was called to order by Chair Kelly-Tanti at 6:07 p.m.
Commissioner Aarav Gupta , Commissioner Fatimah Ismail, Commissioner Hiranya Parekh, Commissioner Jasmine Kelly-Tanti, Commissioner Kira Liang, Commissioner Malia Martin,
Commissioner Rajvi Khanjan Shroff, Commissioner Samaira Mehta, Commissioner Samarth Suresh, Commissioner Sarah Zuo,
Commissioner Simren Garg, Commissioner Ryan Kim,
Commissioner Keith Maben, and Commissioner Sudeepthi Ravipati Present 14 -
Absent 1 - Commissioner Khadeejah Khan
A motion was made by Commissioner Ismail, seconded by
Commissioner Martin, to excuse Commissioner Khan from the May 9 meeting. The motion carried by the following vote:
Aye: Commissioner Gupta, Commissioner Ismail, Commissioner Parekh, Commissioner Kelly-Tanti, Commissioner Liang, Commissioner Martin, Commissioner Shroff, Commissioner Mehta, Commissioner Suresh, Commissioner Zuo, Commissioner Garg, Commissioner Kim, Commissioner Maben, and Commissioner Ravipati
14 -
Absent: 1 - Commissioner Khan
CONSENT CALENDAR
1.A 23-567 Youth Commission Minutes of March 14, 2023
Recommendation: Approve the Youth Commission Meeting Minutes of March 14, 2023.
A motion was made by Commssioner Suresh, seconded by
Commissioner Martin, that the following item be recommended for approval. The motion carried by the following vote:
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Youth Commission Meeting Minutes 05/09/2023
Aye: Commissioner Gupta, Commissioner Ismail, Commissioner Parekh, Commissioner Kelly-Tanti, Commissioner Liang, Commissioner Martin, Commissioner Shroff, Commissioner Mehta, Commissioner Suresh, Commissioner Zuo, Commissioner Garg, Commissioner Kim, Commissioner Maben, and Commissioner Ravipati
14 -
Excused: 1 - Commissioner Khan
1.B 23-568 Youth Commission Minutes of April 11, 2023
Recommendation: Approve the Youth Commission Meeting Minutes of April 11, 2023.
A motion was made by Commissioner Suresh, seconded by
Commissioner Ismail, that the following item be recommended for approval. The motion carried by the following vote:
Aye: Commissioner Gupta, Commissioner Ismail, Commissioner Parekh, Commissioner Kelly-Tanti, Commissioner Liang, Commissioner Martin, Commissioner Shroff, Commissioner Mehta, Commissioner Suresh, Commissioner Zuo, Commissioner Garg, Commissioner Kim, Commissioner Maben, and Commissioner Ravipati
14 -
Excused: 1 - Commissioner Khan
PUBLIC PRESENTATIONS
None
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Youth Commission Meeting Minutes 05/09/2023
2. 23-569 Youth Commission FY2022/23 Work Plan & Goals
Recommendation: Staff makes no recommendation.
STAFF REPORT
Youth Outreach: Santa Clara Speaks is the working title of the event scheduled for May 26 at the Youth & Teen Center. Committee members will be scheduling a walkthrough to determine event layout and logistics.
The Speaker form has been created and committee members will also focus on publicity. The next committee meeting will be on May 15 at 7:00 pm via Zoom.
Community Building: Committee members visited Madras Cafe to try food from South India. Members shared their experience via social media posts.
The committee will visit one more local restaurant to highlight, before the end of the term. Committee members invited the Commission to join them at the May 12 Sunset Cinema at Live Oak Park for the showing of "Moana". The committee will be hosting a craft table for kids, North Side Library staff will be making Library cards, and Miss Santa Clara will also be in attendance. The next committee meeting will be on May 18 at 6:00 pm at the Youth & Teen Center.
Youth Empowerment: Committee members recorded their second podcast episode about navigating 11th and 12th grades. The next committee meeting will be on May 24 at 6:00 pm at the Senior Center.
Gayle Ichiho, Recreation Supervisor: Summer programs and camps will be starting soon and information can be found in the Recreation Activity Guide. Parks & Recreation staff will be attending the upcoming summer job fair at Wilcox High School. Groundbreaking for the Magical Bridge playground at Central Park is on Friday, May 19 at 3:00 p.m.
Jennifer Herb, Recreation Supervisor: Shared summer volunteer opportunities at the Senior Center. Jennifer can be reached at (408) 615-3170.
COMMISSIONERS REPORT
None
ADJOURNMENT
A motion was made by Vice Chair Shroff, seconded by Chair Kelly-Tanti, that this meeting be adjourned at 6:25 p.m. The motion carried by the following vote:
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GENERAL BUSINESS
Youth Commission Meeting Minutes 05/09/2023
Aye: Commissioner Gupta, Commissioner Ismail, Commissioner Parekh, Commissioner Kelly-Tanti, Commissioner Liang, Commissioner Martin, Commissioner Shroff, Commissioner Mehta, Commissioner Suresh, Commissioner Zuo, Commissioner Garg, Commissioner Kim, Commissioner Maben, and Commissioner Ravipati
14 -
Excused: 1 - Commissioner Khan
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Youth Commission Meeting Minutes 05/09/2023
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.
If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker."
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.
Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format.
Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.
Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.
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MEETING DISCLOSURES
City of Santa Clara
Meeting Minutes
Parks & Recreation Commission
Draft
7:00 PM Hybrid Meeting
Cafeteria - City Hall East Wing
1500 Warburton Avenue
Santa Clara, CA 95050
08/15/2023
The City of Santa Clara is conducting the Parks & Recreation Commission meeting in a hybrid manner (in-person and a method for the public to participate remotely).
Via Zoom:
https://santaclaraca.zoom.us/j/91316665755
Meeting ID: 913 1666 5755
Or join by phone: 669-900-6833
CALL TO ORDER AND ROLL CALL
Chair Caldwell called the meeting to order at 7:07 PM.
Chair Dana Caldwell, Commissioner Maureen Chu, Commissioner Eversley Forte, Commissioner Kelly Cox, Commissioner Brittany Ricketts, and Commissioner Vikas Gupta
Present 6 -
Absent 1 - Vice Chair Sajid Hai
Commissioner Chu made a motion, seconded by Commissioner Ricketts, to excuse Commissioner Hai.
Aye: Chair Caldwell, Commissioner Chu, Commissioner Forte, Commissioner Cox, Commissioner Ricketts, and Commissioner Gupta
6 -
Excused: 1 - Vice Chair Hai
CONSENT CALENDAR
City of Santa Clara Page 1 Printed on 09/12/2023
Parks & Recreation Commission Meeting Minutes 08/15/2023
1.A 23-1013 Action on the Parks & Recreation Commission Minutes of the August 15, 2023 Meeting
Recommendation: Approve the Parks & Recreation Commission Minutes of the August 15, 2023 Meeting.
Commissioner Gupta stated during his introduction to the Commission, he was introduced as a Santa Clara Swim Club member, and that he is not a Santa Clara Swim Club member. That statement was removed from the July 2023 Regular Meeting Minutes.
Commissioner Forte made a motion, seconded by Commissioner Chu, to approve the Parks & Recreation Commission Minutes of the July 18, 2023 Meeting as amended.
Aye: Chair Caldwell, Commissioner Chu, Commissioner Forte, Commissioner Cox, Commissioner Ricketts, and Commissioner Gupta
6 -
Excused: 1 - Vice Chair Hai
PUBLIC PRESENTATIONS
None.
GENERAL BUSINESS
2. 23-849 Initiate the Formal Community Input Process on the Proposed Schematic Design of a New Public Neighborhood Park at 2200 Calle De Luna (Holland)
Recommendation: Initiate community outreach and provide input on the initial Schematic Design for a new Neighborhood Park to be located at 2200 Calle De Luna.
The Commission appreciated how the natural elements blended with surrounding environment in the schematic design.The Commission had positive comments about the quantity of trees and wanted to ensure there would be sufficient tree shade when the park is completed, which the Consultant confirmed. The Commission further commented on the need to have the enclosed area of the playground designed with shrubs and trees so that fencing would be unobtrusive and not detract from the nature based aesthetics of the setting.
Commissioner Forte made a motion, seconded by Commissioner Chu, to initiate community outreach and provide input on the initial Schematic Design for a new Neighborhood Park to be located at 2200 Calle De Luna.
Aye: Chair Caldwell, Commissioner Chu, Commissioner Forte, Commissioner Cox, Commissioner Ricketts, and Commissioner Gupta
6 -
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Parks & Recreation Commission Meeting Minutes 08/15/2023 Excused: 1 - Vice Chair Hai
3. 23-1025 Action to Initiate the Public Input for the Community Art Center Project in the Patrick Henry Drive Specific Plan Area
Recommendation: Take Action to Initiate Public Input for the Community Art Center Project in the Patrick Henry Drive Specific Plan Area
The Commission was fully engaged in the interactive presentation.
Commissioners stated the Community Art Center should be a welcoming flexible space that would foster creativity, fun, playfulness, and allow for personalization of art elements. In addition, the Community Art Center should be designed for all age groups and abilities, have multicultural opportunities, and have distance learning functionality. The opportunity to have an Art Center in the northern part of Santa Clara is good, and should take into consideration potential future collaboration with the Triton Museum.
Commissioner Chu made a motion, seconded by Commissioner Gupta, to take action to Initiate Public Input for the Community Art Center Project in the Patrick Henry Drive Specific Plan area.
Aye: Chair Caldwell, Commissioner Chu, Commissioner Forte, Commissioner Cox, Commissioner Ricketts, and Commissioner Gupta
6 -
Excused: 1 - Vice Chair Hai
4. 23-1019 Review of the Wade Brummal Youth Sports Grant Program (Program) and Possible Action to Recommend any Changes to City Council Recommendation: Make a Recommendation to City Council to adopt the updated Wade Brummal Program Procedures and Application.
Commission Ricketts made a motion, seconded by Commissioner Chu, to continue the update of the Wade Brummal Program Procedures and Application.
Aye: Chair Caldwell, Commissioner Chu, Commissioner Forte, Commissioner Cox, Commissioner Ricketts, and Commissioner Gupta
6 -
Excused: 1 - Vice Chair Hai
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Parks & Recreation Commission Meeting Minutes 08/15/2023
5. 23-1022 Receive Oral Presentation by the Golden Triangle Soccer Club (Club) President and Consider a Financial Grant in the Amount of $2,123.69 from the Wade Brummal Youth Sports Grant Program for Club Player Equipment
Recommendation: Approve a financial grant in the amount of $2,123.69 from the Wade Brummal Youth Sports Grant Program for Golden Triangle Soccer Club Player Equipment.
Commissioner Chu made a motion, seconded by Commissioner Forte, to approve a financial grant in the amount of $2,123.69 from the Wade Brummal Youth Sports Grant Program to Golden Triangle Soccer Club for player equipment.
Aye: Chair Caldwell, Commissioner Chu, Commissioner Forte, Commissioner Cox, Commissioner Ricketts, and Commissioner Gupta
6 -
Excused: 1 - Vice Chair Hai
6. 23-1023 Review Final Administrative Draft of the Park Amenities & Design Standards Manual and Consider Recommendation to Council for Approval Recommendation: Recommend Council approval of the final administrative draft of the Park Amenities & Design Standards Manual
Commissioner Chu made a motion, seconded by Commissioner Forte, to recommend Council approval of the final administrative draft of the Park Amenities & Design Standards Manual.
Aye: Chair Caldwell, Commissioner Chu, Commissioner Forte, Commissioner Cox, Commissioner Ricketts, and Commissioner Gupta
6 -
Excused: 1 - Vice Chair Hai
7. 23-1014 Develop Initial Draft of the Commission Work Plan Goals and Activities for FY2023/24
Recommendation: Develop a Parks & Recreation Commission Work Plan for FY2023/24 including goals, supporting activities and subcommittee assignments.
The Commission discussed the FY2022/23 Work Plan goals, and are considering how last year's goals may be integrated into Work Plan Goals for FY2023/24. Further discussion will take place at the next Regular Meeting.
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Parks & Recreation Commission Meeting Minutes 08/15/2023
STAFF REPORT
Acting Director of Parks & Recreation Seale reported that the Westwood Oaks Park Playground Rehabilitation Project is starting in late September; Fairway Glen Park Restroom Project field work will be starting in late September or October; the Magical Bridge All-Inclusive Playground is on schedule; International Swim Center (ISC) consultant's Agreement to evaluate ISC has been executed. The Everett N. "Eddie" Souza Park building has been open for about a month. Please check the Park Projects page for additional park project updates.
Recreation Manager Castro reported on the expansion of the Senior Center hours, now Monday and Wednesday 7:00 AM - 7:00 PM; Tuesday, Thursday, and Friday 7:00 AM - 3:00 PM; Saturday 8:00 AM - 12 Noon.
There is a Concert in the Park this Friday at Central Park, and at Live Oak Park next month. Manager Castro will send an email to Commissioners to advise them of available volunteer opportunities for them during the 41st Annual Art & Wine Festival.
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Parks & Recreation Commission Meeting Minutes 08/15/2023
COMMISSIONERS REPORT
ADJOURNMENT
Chair Caldwell: Attended the July 21 Concert in the Park at Central Park and the Street Dance on August 4.
Commissioner Chu: Saw on Facebook that the Parks & Recreation Department's standard bench donation by Anthony Smith has been installed at Bracher Park. She dropped off her daughter at the Henry Schmidt Park Building for Nutcracker and at the Lick Mill Park Building for Girl Scout activities.
Commissioner Cox: Attended the Street Dance on August 4. She inquired about better navigation and helpful directions to and from Levi's Stadium during special events.
Commissioner Forte: Attended the Street Dance on August 4, and attended the concert at Mission Santa Clara de Asis for the 78th Independence Day Celebration of the Korean Peninsula, and the 70th Anniversary of the alliance between the USA and the Republic of Korea.
Commissioner Gupta: Visited Henry Schmidt Park on August 11, and participated in the community outreach while there.
Commissioner Ricketts: Attended the subcommittee meetings and the Concert in the Park at Central Park.
Commissioner Chu made a motion, seconded by Commissioner Gupta, to adjourn the meeting at 9:34 PM, until the next regular meeting on Tuesday, September 19, 2023 at 7:00 PM.
Aye: Chair Caldwell, Commissioner Chu, Commissioner Forte, Commissioner Cox, Commissioner Ricketts, and Commissioner Gupta
6 -
Excused: 1 - Vice Chair Hai
MEETING DISCLOSURES
City of Santa Clara Page 6 Printed on 09/12/2023
Parks & Recreation Commission Meeting Minutes 08/15/2023 The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.
If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker."
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.
Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format.
Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.
Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.
City of Santa Clara Page 7 Printed on 09/12/2023
City of Santa Clara
Meeting Minutes
Senior Advisory Commission
Draft
10:00 AM Hybrid Meeting
City Manager's Conf. Room
City Hall - East Wing
1500 Warburton Avenue
Santa Clara, CA 95050
08/28/2023
The City of Santa Clara is conducting the Senior Advisory Commission meeting in a hybrid manner (in-person and a method for the public to participate remotely).
Via Zoom:
https://santaclaraca.zoom.us/j/97590069803
Meeting ID: 975 9006 9803
Or join by phone: 669-900-6833
CALL TO ORDER AND ROLL CALL
The regular meeting was called to order by Chair Hubbard at 10:07 a.m. Commissioner Vaz arrived at 10:08 a.m
Commissioner Sterling arrived at 10:15 a.m.
Vice Chair Edmund Drozek, Commissioner Tom Freitas, Chair Judy Hubbard, Commissioner Veena Sterling, Commissioner Rick Andrews, and Commissioner Maria Vaz
Present 6 -
A motion was made by Commissioner Freitas, seconded by
Commissioner Vaz to excuse Commissioner Sterling.
Aye: Vice Chair Drozek, Commissioner Freitas, Chair Hubbard, Commissioner Andrews, and Commissioner Vaz
5 -
Absent: 1 - Commissioner Sterling
City of Santa Clara Page 1 Printed on 09/15/2023
Senior Advisory Commission Meeting Minutes 08/28/2023
CONSENT CALENDAR
1.A. 23-1004 Senior Advisory Commission Minutes of July 24, 2023 Recommendation: Approve the Senior Advisory Commission Minutes of July 24,2023 Commissioner Andrews made a motion, seconded by
Commissioner Drozek to approve the minutes from July 24, 2023.
Aye: Vice Chair Drozek, Chair Hubbard, Commissioner Sterling, Commissioner Andrews, and Commissioner Vaz
5 -
Abstained: 1 - Commissioner Freitas
PUBLIC PRESENTATIONS
GENERAL BUSINESS
2. 23-1007
Santa Clara Women's League member Wanda Buck invited the women to attend the Santa Clara Women's League meeting on September 12 at 1:00 p.m., at the Santa Clara Senior Center.
Informational Presentation and Discussion on the Age-Friendly Cities and Communities Initiative
Recommendation: Hear the presentation and consider the Age-Friendly Domains for a City of Santa Clara Page 2 Printed on 09/15/2023
3. 23-1006
Livable City in the development of the FY 2023/24 Senior Advisory Commission work plan.
Parks & Recreation Staff provided an overview to the Commission that explained the concepts of an Age-Friendly City is and what the City has done to activate the Age-Friendly goals which began in 2015.
Senior Advisory Commission FY2023/24 Work Plan & Goals Discussion Chair Hubbard facilitated a discussion with the Commission to review the list of brainstormed goals and worked with the Commission to narrow down their ideas. The Commission may amend or adopt the Work Plan & Goals at the September 25 meeting.
Advocate for Affordable and Convenient Housing
1. Educate the Senior Advisory Commission on current low-income projects in Santa Clara
a. Provide education presentations at Senior Advisory Commission meetings.
Senior Advisory Commission Meeting Minutes 08/28/2023
Encourage and Promote the use of Outdoor Spaces and Buildings
1. Work with the Parks & Recreation Department to promote pickle ball in Santa Clara
a. Meet monthly with City Staff for updates.
Advocate for Affordable, Convenient, and Safe Transportation and Streets
1. Educate the older adult community on transportation resources in Santa Clara
a. Schedule presentations at the Senior Center.
2. Send a representative to attend the Bicycle & Pedestrian Advisory Committee meeting
Develop Opportunities to Promote Health, Wellness & Nutrition
1. Senior Needs Assessment
a. Review current Senior Needs Assessment and provide input on survey content and outreach plan.
Provide Access to Community Resources and Information
1. Send a representative to attend the City's ADA Committee meetings
2. Promote educational presentations and awareness to the older adult community
a. Fraud/Scam
b. Personal trust development
c. Promote tricycle use
d. Artificial Intelligence
e. Alzheimer's Awareness
f. Stop the Bleed
3. Health & Wellness Fair - May 2024
a. Participate as an exhibitor booth, providing information about the City of Santa Clara Page 3 Printed on 09/15/2023
Senior Advisory Commission.
b. Send a representative to attend the planning committee.
Commissioner Andrews left at 12:01 p.m.
Commissioner Sterling left at 12:11 p.m.
Senior Advisory Commission Meeting Minutes 08/28/2023
STAFF REPORT
Recreation Supervisor Herb reported on the following items:
- The Senior Center Ice Cream Social will be on Wednesday, August 30, 2023 from 11 a.m. - 1 p.m.
Recreation Manager Castro reported on the following items:
- The joint meeting with City Council will be held on September 12, 2023 at 5 p.m.
- The Art & Wine Festival will be held on September 16 & 17, 2023 at Central Park.
- Construction at Westwood Oaks will begin in late September 2023. - The State of the City will be held on Wednesday, September 27, 2023 at 6 p.m.
- There are two community surveys available for public comment; The Community Arts Center and Riverside Park.
- There will be a special meeting with the Youth Commission and the Senior Advisory Commission to hear about the Community Arts Center.
The meeting will be held on October 10, 2023 at 7 p.m.
COMMISSIONERS REPORT
City of Santa Clara Page 4 Printed on 09/15/2023
ADJOURNMENT
Commissioner Freitas and Drozek shared that they participated in the LifeMoves charity event bike ride on Sunday, August 27, 2023 to reduce homelessness. They rode 33 miles to support the movement.
Commissioner Freitas shared that the transitional housing development on Benton and Lawrence will now be for families.
Commissioner Hubbard shared her concern for ADA accessibility seating during football games at Levi's Stadium.
A motion was made by Commissioner Freitas, seconded by
Commissioner Drozek that the meeting be adjourned at 12:18 p.m.
Aye: Vice Chair Drozek, Commissioner Freitas, Chair Hubbard, and Commissioner Vaz
4 -
Absent: 2 - Commissioner Sterling, and Commissioner Andrews
MEETING DISCLOSURES
Senior Advisory Commission Meeting Minutes 08/28/2023
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.
If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker."
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.
Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format.
Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.
Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.
City of Santa Clara Page 6 Printed on 09/15/2023
City of Santa Clara
Meeting Minutes
Cultural Commission
Draft
7:00 PM Hybrid Meeting
City Manager's Conf. Room
City Hall - East Wing
1500 Warburton Avenue
Santa Clara, CA 95050
08/07/2023
Commissioner Jonathan Marinaro will be attending remotely from the following location: 976 Wedge Ct.
Incline Village, NV 89451
The City of Santa Clara is conducting the Cultural Commission meeting in a hybrid manner (in-person and a method for the public to participate remotely).
Via Zoom:
https://santaclaraca.zoom.us/j/98272283531
Meeting ID: 98272283531
Or join by phone: 669-900-6833
CALL TO ORDER AND ROLL CALL
Chair Diaz called the meeting to order at 7:03 p.m.
Commissioner Garg was welcomed to the Commission.
Commissioner Siddarth Sundaram, Commissioner Louis Samara, Vice Chair Debra von Huene, Chair Candida Diaz, Commissioner Jonathan Marinaro, and Commissioner Neetu Garg
Present 6 -
Absent 1 - Commissioner Paul McNamara
CONSENT CALENDAR
1.A 23-809 Action on Cultural Commission Regular Meeting Minutes of June 5, 2023 Recommendation: Approve the Cultural Commission Regular Meeting Minutes of June 5, 2023
A motion was made by Commissioner Samara, seconded by Vice Chair von Huene, that this item be approved. The motion passed with the following vote:
Aye: Commissioner Sundaram, Commissioner Samara, Vice Chair von Huene, Chair Diaz, Commissioner Marinaro, and Commissioner Garg 6 -
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Absent: 1 - Commissioner McNamara
PUBLIC PRESENTATIONS
None.
GENERAL BUSINESS
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2. 23-831 Action on Cultural Commission Work Plan Goals and Activities for FY 2023/24
Recommendation: Discuss the Cultural Commission Work Plan Goals and Activities for FY 2023/24.
Commissioners discussed the Goals and Activities for FY 2023/24. Updates are reflected on the Work Plan.
GOAL #1: Host and enhance multicultural events to encourage and acquaint Santa Clara residents with cultural diversity.
Plan for summer concerts in FY 2023/24-Two (2) concerts left for 2023 (8/18 and 9/29). Discussed adding alcohol to the concerts for 2024. Discussed having four (4) concerts. Three (3) at Central Park and 1 (one) at Live Oak Park for 2024.
Street Dance-successful event on 8/4 with the Pop Rocks. Estimated 4-5,000 in attendance. Discussed new location on Franklin St. for 2024.
Plan and Host Friday Night Live Events-1. Band at the Triton 2. Student Youth Band 3. Korean Event with Parks & Recreation Commission-No action for 2024.
Secure sponsors for Cultural Commission special events in FY 2023/2024-ongoing
GOAL #2: Develop and encourage interactive, art opportunities to provide temporary, performing, cultural, and public art in the City.
Advise and recommend public art to City Council-Discussion on Mechanical Horse Exhibition at Santa Clara University and allowed funds.
Identify available Utility Boxes in the City for Artist Utility Box Program (alternate years with Sculpture Exhibition)-no action for 2024.
Host Sculpture Exhibition-Commissioners discussed the pedestals and associated costs.
Host Halloween Home & Holiday Home Decorating Contest and Recognition-Discussed allocation of funds.
Update and maintain City interactive web-based public art map-ongoing.
GOAL #3: Raise the visibility of commemorative months.
Update Coloring Book to honor Commemorative Months according to Federal Calendar-First three (3) months completed (July, August and Sept).
Artist is in contract for twelve (12) months.
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Promote monthly commemorative months through Social Media and Special Events to raise awareness and cultural competency-ongoing.
GOAL #4: Enhance communication and media strategy to increase community awareness of the Cultural Commission.
Commissioners to attend the Americans for the Arts Conference-No action for 2024.
Present regularly to City Council-Joint City Council/Commission Dinner is March 5, 2024. Chair Diaz will inquire about budget adjustment.
Document process for marketing and advertising of Cultural Commission events-Will occur at a later date. Focus is on Arts Master Plan.
GOAL #5: Prepare for Citywide Arts Master Plan Process
Participate in the Community Outreach process for the development of the Community Art Center - in Patrick Henry Drive Development-Public comment will be in August and a joint meeting will happen in the Fall.
Develop private/public partnerships to invest and promote the Arts in Santa Clara-No updates.
Develop, promote and implement Citywide Arts Master Plan alongside the City Council-Waiting to hear back from the City Clerk's office to take action on this item.
GOAL #6: Identify and expand on Arts Education in the City of Santa Clara Identify potential partnerships with schools/local organizations to expand arts and art education-No update.
A motion was made by Vice Chair von Huene to confirm allocation of $10,000 for the Mechanical Horse installation. The motion passed with the following vote:
Aye: Commissioner Sundaram, Commissioner Samara, Vice Chair von Huene, Chair Diaz, Commissioner Marinaro, and Commissioner Garg 6 -
Absent: 1 - Commissioner McNamara
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A motion was made by Commissioner Sundaram, seconded by Commissioner Marinaro, that $2,500 be allocated for the Sculpture Exhibition: $1750 for awards-($1000 1st place; $500 2nd place and $250 third place) and $750 for pedestals. The motion passed with the following vote:
Aye: Commissioner Sundaram, Commissioner Samara, Vice Chair von Huene, Chair Diaz, Commissioner Marinaro, and Commissioner Garg 6 -
Absent: 1 - Commissioner McNamara
A motion was made by Commissioner Marinaro, seconded by Commissioner Samara to allocate $800 to the Halloween and Holiday Home Decorating Contests ($400 each contest). The motion passed with the following vote:
Aye: Commissioner Sundaram, Commissioner Samara, Vice Chair von Huene, Chair Diaz, Commissioner Marinaro, and Commissioner Garg 6 -
Absent: 1 - Commissioner McNamara
A motion was made by Commissioner Marinaro, seconded by Commissioner Sundaram, to accept the Work Plan as discussed.
Aye: Commissioner Sundaram, Commissioner Samara, Vice Chair von Huene, Chair Diaz, Commissioner Marinaro, and Commissioner Garg 6 -
Absent: 1 - Commissioner McNamara
STAFF REPORT
Recreation Manager Castro reported that Parks & Recreation Director James Teixeira is retiring Sept. 3 and Deputy Director Dale Seale is the Acting Director. Public input is underway for the Rehabilitation Projects at Warburton and Schmidt Parks. Sunset Cinema is on Friday, August 11.
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COMMISSIONERS REPORT
ADJOURNMENT
Commissioners Sundaram and Marinaro and Vice Chair von Huene reported they saw the movie, Oppenheimer. Commissioner Samara spent time in San Diego with his family. Commissioner Marinaro went to Austin and Nashville for business trips and attended the Red, White and Blue March. He is currently in Tahoe and reported the remote meeting attendance worked well. Chair Diaz vacationed in Hawaii and went to the Polynesian Cultural Center. Commissioner Samara thanked staff for all their work.
A motion was made by Commissioner Sundaram, seconded by Commissioner Marinaro, that the meeting be adjourned at 8:38 p.m.
Aye:
Commissioner Sundaram, Commissioner Samara, Vice Chair von Huene, Chair Diaz, Commissioner Marinaro, and Commissioner Garg 6 -
Absent: 1 - Commissioner McNamara
MEETING DISCLOSURES
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The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.
If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker."
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.
Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format.
Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.
Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.
City of Santa Clara Page 7 Printed on 08/09/2023
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-118 Agenda Date: 10/10/2023
REPORT TO COUNCIL
SUBJECT
Action on Award of Contract for the Memorex and San Tomas Junction Transmission Line Extension Projects Contract No. 2449-9668 & 2442-9668 to Henkels & McKoy West funded by the Electric Utility Capital Fund
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure.
BACKGROUND
In support of the Memorex and San Tomas Junction CIP projects, City of Santa Clara’s Electric Utility, Silicon Valley Power (SVP) issued a public works bid packet for the construction of two 60 kV overhead transmission line extension projects at two separate locations. These separate extension projects are named Memorex Junction Transmission Line Extension [CIP 2449-9668] and San Tomas Junction Transmission Line Extension [CIP 2442-9668].
On April 7, 2020, City Council approved a substation service agreement with MECP1 Santa Clara 1, LLC to allow SVP to design, procure equipment, and construct 60kV facilities to serve San Tomas Junction Substation. The customer is responsible for paying all actual costs for the project through developer contributions in the Electric Utility Capital Fund Project #2442.
The San Tomas Junction Transmission Line Extension consists of installing approximately 0.2 miles of new 60 kV transmission line to interconnect to SVP’s Juliette-Central 60kV line and to provide service to San Tomas Junction. The project is located in the commercial area directly northwest of the San Jose International airport at the intersection of San Tomas Aquino Creek and Highway 101.
The scope of work includes the installation of four (4) custom tubular steel monopoles supported on drilled concrete piers.
On March 22, 2022, the City Council authorized the Office of the City Manager to negotiate and execute a substation agreement with 1220 Santa Clara Propco, LLC to allow SVP to design, procure equipment, and construct 60kV facilities to serve the Memorex Junction Substation to meet an ultimate capacity of up to 60 MVA of permanent electric service to the customer at 1220 Memorex Drive. The customer is responsible for paying all actual costs for the project through developer contributions in the Electric Utility Capital Fund Project #2449.
The Memorex Junction Transmission Line Extension consists of installing approximately 0.6 miles of new 60 kV transmission line to interconnect into SVP’s East 60kV Loop to Memorex Junction. The Work includes transferring existing distribution and communication lines from existing wooden structures to the new poles; and replacing sections of the existing distribution cables. The project is primarily located in a commercial area at the intersections of Lafayette Street with Shulman Avenue City of Santa Clara Page 1 of 3 Printed on 10/5/2023
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23-118 Agenda Date: 10/10/2023
and Di Giulio Avenue. Work includes the installation of ten (10) custom tubular steel monopoles supported on drilled concrete piers, one (1) direct embedded custom tubular steel monopole, and four (4) direct embedded wood poles.
DISCUSSION
On July 31, 2023, a competitive Request for Bid (RFB) was published on the City’s bid notification system, Periscope (formerly BidSync), for the Memorex Junction Transmission Line Extension and San Tomas Junction Transmission Line Extension. On August 24, 2023, bids were opened at the City Clerk’s office. The City received two bids from Henkel and McKoy West and Hotline Construction Inc. in the amounts of $4,631,813 and $5,204,164 respectively. The Bid Summary is included as Attachment 1.
At the bid opening Henkel & McKoy West was declared the lowest apparent bidder with a submitted bid in the amount of $4,631,813, which is 45 percent less than the Engineer’s Estimate of $8,435,942.
Henkels & McKoy West’s bid was reviewed by SVP staff and the City Attorney’s Office for compliance with the terms and conditions of the bid documents and has been determined to be the lowest responsive and responsible bid. Staff recommends awarding the contract to Henkels & McKoy West.
Award of the contract will allow construction to commence in order to complete the Memorex and San Tomas Junction Transmission Line Extension Projects. The contract includes prevailing wage requirements.
ENVIRONMENTAL REVIEW
San Tomas Junction: The Architectural Committee approved a Mitigated Negative Declaration (MND) [CEQA2020-01072] for the San Tomas Junction project on April 15, 2020 [PLN2019-13742] and this MND covers work included in the San Tomas Junction Transmission Line Extension Project.
Memorex Junction: The environmental consultant firm David J. Powers & Associates prepared an Environmental Impact Report for the 1220 Santa Clara Propco, LLC (Memorex Junction Substation) data center project in accordance with the California Environmental Quality Act (CEQA). The Environmental Impact Report (EIR) was adopted by City Council on November 9, 2021. The EIR covers work included in the Memorex Junction Transmission Line Extension.
FISCAL IMPACT
The cost of the contract is $4,631,813 plus a 15 percent contingency, or $694,772, for any potential change orders for a total not-to-exceed contract amount of $5,326,585. Funding for the contract is available the Memorex Junction Substation and the San Tomas Junction project budgets in the Electric Utility Capital Fund. The projects are fully funded through developer contributions pursuant to the substation agreements with MECP1 Santa Clara 1, LLC for San Tomas Junction and 1220 Santa Clara Propco, LLC for Memorex Junction.
COORDINATION
The report has been coordinated with the Finance Department and the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board City of Santa Clara Page 2 of 3 Printed on 10/5/2023
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23-118 Agenda Date: 10/10/2023
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. Award a Public Works Contract for the Memorex and San Tomas Junction Transmission Line Extension Projects to the lowest responsive and responsible bidder, Henkels & McKoy West, in the amount of $4,631,813 funded by the Electric Utility Capital Fund, and authorize the City Manager to execute the Public Works Contract, subject to the review and approval as to form by the City Attorney, and any and all documents associated with, and necessary for the award, completion, and acceptance of these Projects ; and
2. Authorize the City Manager to execute change orders up to approximately 15 percent of the original contract price, or $694,772, for a total not to exceed amount of $5,326,585.
Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Jōvan Grogan, City Manager
ATTACHMENTS
1. Bid Summary
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BID SUMMARY
ENGINEER’S ESTIMATE:
Contractor Total Bid ($) Percentage
above/below
Engineer’s Estimate
Henkels & McCoy West $4,631,812.30 -45.1%
Hotline Construction Inc. $5,204,164 -38.3%
$ 8,435,942
City of Santa Clara
Attachment No. 1
Bid Summary
23-118
REPORT TO COUNCIL
SUBJECT
Action on Award of Contract for the Memorex and San Tomas Junction Transmission Line Extension Projects Contract No. 2449-9668 & 2442-9668 to Henkels & McKoy West Bid Opening Date: August 24, 2023
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-119 Agenda Date: 10/10/2023
REPORT TO COUNCIL
SUBJECT
Action on Award of Contract for the Freedom Circle Junction Cut-In Transmission Line Extension Project Contract No. 2451 to Henkels & McCoy West funded by the Electric Utility Capital Fund
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
In support of the Freedom Circle Junction Capital Improvement Project, the City of Santa Clara’s Electric Utility, Silicon Valley Power (SVP), issued a public works bid package for the construction of a 60kV overhead transmission line extension [CIP 2451-000].
On June 22, 2021, City Council authorized the City Manager to execute a substation agreement with Oppidan Investment Company (Oppidan) to allow SVP to design, procure equipment, and construct 60kV facilities to serve Freedom Circle Junction Substation at 2305 Mission College Boulevard.
Oppidan is responsible for paying all actual costs for the project through developer contributions in the Electric Utility Capital Fund Project #2451.
The Freedom Circle Junction Cut-In Transmission Line Extension Project consists of installing approximately 0.6 miles of new 60kV transmission line to interconnect into the existing SVP’s 60kV Northeast loop to Freedom Circle Junction. The work includes installation of four (4) new preengineered tubular steel poles (TSP) direct embedded with a crushed rock backfill, three (3) of which are guyed. Also, the work consists of the removal of two (2) existing wood poles and hardware along with guying from two (2) existing poles. In addition, communications lines will be transferred from existing wooden structures to the new steel poles, and sections of the existing distribution line will be replaced with new higher capacity cables. The project is primarily located in a mixed commercial and residential area at the intersection of Agnew Road and Lake Santa Clara Drive.
DISCUSSION
On July 27, 2023, a competitive Request for Bid (RFB) was published on the City’s bid notification system, Periscope (formerly BidSync), for construction of the Project. On August 24, 2023, bids for the Project were opened at the City Clerk’s office. The City received three (3) bids from Henkels & McCoy West, Hotline Construction Inc., and Rising Edge Group, ranging from $398,860 to $933,431.
The Bid Summary is included as Attachment 1.
The lowest bid was submitted by Henkels & McCoy West in the amount of $398,859.31, which is 1.7 percent above the Engineer’s Estimate of $392,000. Henkels and McCoy West’s bid was reviewed by SVP staff and the City Attorney’s Office for compliance with the terms and conditions of the bid documents and has been determined to be the lowest responsive and responsible bid. Staff City of Santa Clara Page 1 of 2 Printed on 10/5/2023
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23-119 Agenda Date: 10/10/2023
recommends awarding the contract to Henkels and McCoy West.
Award of the contract will allow construction to commence in order to complete the Freedom Circle Junction Project. The contract includes prevailing wage requirements.
ENVIRONMENTAL REVIEW
The Architectural Committee approved a Mitigated Negative Declaration (MND) [CEQA2017-01037] for the Freedom Circle Junction (2305 Mission College Boulevard Data Center Project) on March 2, 2018 [PLN2017-12535].
FISCAL IMPACT
The cost of the contract is $398,860 plus approximately 15 percent contingency, or $59,829, for any potential change orders for a total not-to-exceed contract amount of $458,689. Funding for the contract is available from the Freedom Circle Junction project budget in the Electric Utility Capital Fund. The project is fully funded through developer contributions pursuant to the substation agreement with Oppidan.
COORDINATION
The report has been coordinated with the Finance Department and the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
1. Award a Public Works Contract for the Freedom Circle Junction Cut-In Transmission Line Extension Project to the lowest responsive and responsible bidder, Henkels and McCoy West, in the amount of $398,860 funded by the Electric Utility Capital Fund, and authorize the City Manager to execute the Public Works Contract and any and all documents associated with, and necessary for the award, completion, and acceptance of this Project subject to the review and approval as to form by the City Attorney and
2. Authorize the City Manager to execute change orders up to approximately 15 percent of the original contract price, or $59,829, for a total maximum compensation of $458,689.
Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Jōvan Grogan, City Manager
ATTACHMENTS
1. Bid Summary
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BID SUMMARY
ENGINEER’S ESTIMATE:
Contractor Total Bid ($) Percentage
above/below
Engineer’s Estimate
Henkels & McCoy West $398,859.31 1.7%
Hotline Construction Inc. $917,086.00 134.0%
Rising Edge Group $933,431.28 138.1%
$ 392,000.00
City of Santa Clara
Attachment No. 1
Bid Summary
23-119
REPORT TO COUNCIL
SUBJECT
Action on Award of Contract for the Freedom Circle Junction Cut-In Transmission Line Extension Project Contract No. 2451 to Henkels & McKoy West Bid Opening Date: August 24, 2023
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1048 Agenda Date: 10/10/2023
REPORT TO COUNCIL
SUBJECT
Action to Amend the Community Development Department’s Building Division Consultant Agreements for Plan Review and Inspection Services, and Approve the Related Budget Amendment
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services
BACKGROUND
In January 2022, the City Council approved plan review and inspection services agreements with an aggregate maximum compensation of $2,949,000 to be used across ten specific consultant firms.
Those firms are as follows:
1. 4Leaf, Inc.
2. Bureau Veritas North America, Inc.
3. CSG Consultants, Inc.
4. Interwest Consulting Group, Inc.
5. Jason Addison Smith Consulting Services, Inc. (JAS Pacific)
6. Plan Review Consultants, Inc.
7. Shums Coda Associates Inc.
8. Synergetic Consulting
9. TRB + Associates, Inc.
10. West Coast Code Consultants, Inc.
These Agreements utilize funding from the Community Development Department’s Building Division (Division) fee generated revenue and has no impact to the General Fund.
From January 2022 to date, the Division has continued to experience substantially high demand for plan review and inspection services for residential and commercial developments. Many of the City’s largest developments are currently in the plan review or active construction and inspection phase.
The use of consultants has proven to be a key strategy to augment staff and cover workload demands of the various work groups within the Division. The agreements for third party services provide for a more robust level of customer service to all internal and external customers by allowing for a more streamlined permitting and inspection process, including, but not limited to, shorter plan review cycle times and shorter scheduling windows for project inspections.
DISCUSSION
Staff is requesting approval to increase the budget capacity of the existing agreements’ aggregate City of Santa Clara Page 1 of 4 Printed on 10/5/2023
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23-1048 Agenda Date: 10/10/2023
amount by $2,200,000 so the Division may continue to make use of plan review and inspection services provided by consultants. This amount may be flexibly expended across the multiple contracts based on capacity within each consultant to provide services to the City. While the existing agreements extend until November 2024, due to the high demand for Division services, the Division is approaching the maximum aggregate dollar amount approved and budgeted within the agreements. The proposed amendment will allow the Division to continue using these consultant services consistent with the current contract terms through the intended duration of the contract.
The Division has plans to conduct a new competitive bidding process by end of this year to allow the City to enter into new agreements before the current agreements reach their respective expiration terms in November 2024. However, the need exists in the interim to increase our current agreements’ budget capacity so as to not negatively impact the City’s ongoing development projects.
The use of consultant services allows the Division to provide better customer service through a faster cycle time for plan review and inspections during periods of high demand. While the Division over time has increased staffing levels to align with sustained increases in demand, use of third-party services is important to respond to surges in demand due to the cyclical nature of the construction industry and to smooth over fluctuations in staffing levels. When workload demand for services is reduced, the Division assigns less work to the consultants. Given current demand levels, if the contract’s capacity is not increased, the Division will have fewer resources available to provide timely plan review and inspection services, and thereby negatively impact customer service for all Division customers.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378 (b)(4) in that it is a fiscal activity that does not involve commitment to a specific project which may result in potential significant impact on the environment.
FISCAL IMPACT
Staff recommends increasing the maximum aggregate compensation across ten plan review and inspection services agreements by $2,200,000, from $2,949,000 to $5,149,000. There is sufficient unrestricted ending fund balance in the Building Development Services Fund to cover this increase.
The Building Division operates based upon a 100% cost recovery model with permit fees intended to cover the full costs of service delivery. Due to the high permit activity levels and revenues, there is available ending fund balance that has accumulated to cover the contractual plan review and inspection costs. Maintaining a balance in the fund is necessary as fees are collected in advance for services that will be provided over multiple years and to allow for continuity of staffing during fluctuations in the construction industries economic cycle. It is important to note that the contractual services to be provided is only utilized if there is demand for those services due to permit activity levels.
A budget amendment appropriating the additional $2,200,000 to the Community Development Department to increase the master agreement capacity is recommended, as detailed below.
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23-1048 Agenda Date: 10/10/2023
Budget Amendment
FY 2023/24
Current Increase/
(Decrease)
Revised
Building Development Services Fund
Expenditures
Community Development
Department
$13,689,592 $2,200,000 $15,889,592
Fund Balance
Unrestricted Ending Fund Balance $26,943,981 ($2,200,000) $24,743,981 The Building Division operates under its own development fee fund, therefore, there is no impact to the City’s General Fund.
COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
1) Approve and authorize the City Manager to execute 9 plan check agreement Amendments and 1 new plan check Agreement, in final forms approved by the City Attorney, with an increase in the maximum aggregate compensation of $2,949,000 by $2,200,000 for a new revised amount of $5,149,000, with the following firms:
· 4Leaf, Inc. Amendment No. 2
· Bureau Veritas North America, Inc. Amendment No. 1
· CSG Consultants, Inc. Amendment No. 2
· Interwest Consulting Group, Inc. Agreement
· Jason Addison Smith Consulting Services, Inc. (JAS Pacific) Amendment No. 2 · Plan Review Consultants, Inc. Amendment No. 5
· Shums Coda Associates, Inc. Amendment No. 6
· Synergetic Consulting Amendment No. 3
· TRB + Associates, Inc. Amendment No. 6
· West Coast Code Consultants, Inc. Amendment No. 4; and 2) Approve the FY 2023/24 budget amendment in the Building Development Services Fund to increase the appropriation to the Community Development Department by $2,200,000 and reduce the unrestricted ending fund balance by $2,200,000 (five affirmative Council votes City of Santa Clara Page 3 of 4 Printed on 10/5/2023
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23-1048 Agenda Date: 10/10/2023
required for the use of unused balances ).
Reviewed by: Andrew Crabtree, Director, Community Development Department Approved by: Jōvan Grogan, City Manager
ATTACHMENTS
· 4Leaf, Inc. Amendment No. 2
· Bureau Veritas North America, Inc. Amendment No. 1
· CSG Consultants, Inc. Amendment No. 2
· Interwest Consulting Group, Inc. Agreement
· Jason Addison Smith Consulting Services, Inc. (JAS Pacific) Amendment No. 2 · Plan Review Consultants, Inc. Amendment No. 5
· Shums Coda Associates, Inc. Amendment No. 6
· Synergetic Consulting Amendment No. 3
· TRB + Associates, Inc. Amendment No. 6
· West Coast Code Consultants, Inc. Amendment No. 4
City of Santa Clara Page 4 of 4 Printed on 10/5/2023
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Amendment No. 2 to Agreement/ 4Leaf, Inc. Page 1
Rev. 10/25/19
Ebix Insurance No. S200004375
AMENDMENT NO. 2
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
4LEAF, INC.
PREAMBLE
This agreement (“Amendment No. 2”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and 4Leaf, 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. The Parties previously entered into an agreement entitled “Agreement for Services Between the City of Santa Clara, California and 4Leaf, Inc., with an effective date of February 1, 2020 (Agreement); and
B. The Original Agreement was previously amended by Amendment No. 1 dated February 8, 2022 and is again amended by this Amendment No. 2. The Original Agreement and all previous amendments are collectively referred to herein as the “Original Agreement as Amended”; and
C. The Parties entered into the Original Agreement for the purpose of having Consultant provide qualified contract personnel, technical and professional services, and the Parties now wish to amend the Original Agreement as Amended to increase the amount billed under the Agreement for a maximum aggregate compensation not to exceed $5,149,000 for ten consultant firm agreements.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Section 6 of the Agreement, entitled “Compensation and Payment,” is hereby amended to read as follows:
“6. COMPENSATION AND PAYMENT
A. 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." B. Consultant acknowledges that Consultant is one of 10 companies selected to perform related services for the City in response to an RFP, and City will be utilizing the services of all 10 companies, pursuant to 10 separate agreements (collectively, the “Plan Check Agreements”). Those 10 companies, and the effective dates of the applicable Plan Check Agreements, are as follows:
Amendment No. 2 to Agreement/4Leaf, Inc. Page 2
Rev. 10/25/2019
1. Jason Addison Smith Consulting Services, Inc., effective November 1, 2019, amended March 4, 2021;
2. Plan Review Consultants, Inc., effective July 19, 2016, amended Aug. 28, 2017, amended May 14, 2019, amended February 24, 2021, amended February 22, 2022;
3. Shums Coda Associates, Inc., effective June 23, 2015, amended June 6, 2016, amended Sep. 26, 2017, amended May 14, 2019, amended February 24, 2021, amended February 8, 2022;
4. Synergetic Consulting, effective July 8, 2019, amended March 4, 2021, amended February 8, 2022;
5. TRB + Associates, Inc., effective Aug. 18, 2015, amended Apr. 8, 2016, amended Sep. 5, 2017, amended May 14, 2019, amended February 24, 2021, amended February 8, 2022;
6. West Coast Code Consultants, Inc., effective Nov. 1, 2018, amended July 1, 2019, amended March 4, 2021, amended February 22, 2022;
7. 4Leaf, Inc., effective February 1, 2020, amended February 8, 2022;
8. CSG Consultants, Inc., effective February 1, 2020, amended February 8, 2022;
9. Bureau Veritas North America, Inc., effective February 22, 2022;
10. Interwest Consulting Group, Inc.
C. Consultant further acknowledges that City is concurrently executing additional amendments to the first nine of the Plan Check Agreements listed above, and executing a new agreement with Interwest Consulting Group, to include language similar to this section 6 (the “Plan Check Agreements As Amended”); D. The aggregate maximum compensation of the Plan Check Agreements As Amended is five million, one hundred forty nine thousand dollars ($5,149,000), subject to budget appropriations, which includes all payments that may be authorized for Services, expenses, supplies, materials and equipment required to perform the Services under this Agreement or under any of the Plan Check Agreements As Amended. All work performed or materials provided in excess of the maximum compensation shall be at Consultant’s expense. Consultant shall not be entitled to any payment above the maximum compensation under any circumstance.
E. Consultant further acknowledges that there are no minimum usage requirements and no commitment for a minimum number of hours.”
2. Subsection 1.1 of Section 1 (“Maximum Compensation”) of Exhibit B (“Compensation”) of the Agreement is hereby amended to read as follows:
“The maximum aggregate compensation of the Plan Check Agreements As Amended is five million, one hundred forty nine thousand dollars ($5,149,000), subject to budget appropriations, which includes all payments that may be authorized for Services, expenses, supplies, materials and equipment required to perform the Services under this Agreement or under any of the Plan Check Agreements As Amended.”
Amendment No. 2 to Agreement/4Leaf, Inc. Page 3
Rev. 10/25/2019
3. Except as set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. In case of a conflict in the terms of the Agreement and this Amendment No. 2, the provisions of this Amendment No. 2 shall control.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 2 as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated:
GLEN R. GOOGINS
City Attorney
JŌVAN GROGAN
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”
4LEAF, INC.
a California corporation
Dated:
By (Signature):
Name: Kevin Duggan
Title: President
Principal Place of
Business Address:
2126 Rheem Drive
Pleasanton, CA 94588
Email Address: [email protected]
Telephone: (925) 462-5959
Fax: (925) 462-5958
“CONSULTANT”
Amendment No. 1 to Agreement/ Bureau Veritas North America, Inc. Page 1 Rev. 10/25/19
Ebix Insurance No. S200004375
AMENDMENT NO. 1
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
BUREAU VERITAS NORTH AMERICA, INC.
PREAMBLE
This agreement (“Amendment No. 1”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Bureau Veritas North America, Inc. a Delaware 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. The Parties previously entered into an agreement entitled “Agreement for Services Between the City of Santa Clara, California and Bureau Veritas North America, Inc., with an effective date of February 22, 2022(Agreement); and
B. The Parties entered into the Agreement for the purpose of having Consultant provide plan check review consultant services, and the Parties now wish to amend the Agreement to increase the amount billed under the Agreement for a maximum aggregate compensation not to exceed $5,149,000 for ten consultant firm agreements.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Section 6 of the Agreement, entitled “Compensation and Payment,” is hereby amended to read as follows:
“6. COMPENSATION AND PAYMENT
A. 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." B. Consultant acknowledges that Consultant is one of 10 companies selected to perform related services for the City in response to an RFP, and City will be utilizing the services of all 10 companies, pursuant to 10 Amendment No. 1 to Agreement/Bureau Veritas North America, Inc. Page 2 Rev. 10/25/2019
separate agreements (collectively, the “Plan Check Agreements”). Those 10 companies, and the effective dates of the applicable Plan Check Agreements, are as follows:
1. Jason Addison Smith Consulting Services, Inc., effective November 1, 2019, amended March 4, 2021;
2. Plan Review Consultants, Inc., effective July 19, 2016, amended Aug. 28, 2017, amended May 14, 2019, amended February 24, 2021, amended February 22, 2022;
3. Shums Coda Associates, Inc., effective June 23, 2015, amended June 6, 2016, amended Sep. 26, 2017, amended May 14, 2019, amended February 24, 2021, amended February 8, 2022;
4. Synergetic Consulting, effective July 8, 2019, amended March 4, 2021, amended February 8, 2022;
5. TRB + Associates, Inc., effective Aug. 18, 2015, amended Apr. 8, 2016, amended Sep. 5, 2017, amended May 14, 2019, amended February 24, 2021, amended February 8, 2022;
6. West Coast Code Consultants, Inc., effective Nov. 1, 2018, amended July 1, 2019, amended March 4, 2021, amended February 22, 2022;
7. 4Leaf, Inc., effective February 1, 2020, amended February 8, 2022;
8. CSG Consultants, Inc., effective February 1, 2020, amended February 8, 2022;
9. Bureau Veritas North America, Inc., effective February 22, 2022;
10.Interwest Consulting Group, Inc.
C. Consultant further acknowledges that City is concurrently executing additional amendments to the first nine of the Plan Check Agreements listed above, and executing a new agreement with Interwest Consulting Group, to include language similar to this section 6 (the “Plan Check Agreements As Amended”);
D. The aggregate maximum compensation of the Plan Check Agreements As Amended is five million, one hundred forty-nine thousand dollars ($5,149,000), subject to budget appropriations, which includes all payments that may be authorized for Services, expenses, supplies, materials and equipment required to perform the Services under this Agreement or under any of the Plan Check Agreements As Amended. All work performed or materials provided in excess of the maximum compensation shall be at Consultant’s expense. Consultant shall not be entitled to any payment above the maximum compensation under any circumstance.
E. Consultant further acknowledges that there are no minimum usage requirements and no commitment for a minimum number of hours.”
2. Subsection 1.4 of Section 1 (“General”) of Exhibit B (“Compensation”) of the Agreement is hereby amended to read as follows:
“The maximum aggregate compensation of the Plan Check Agreements As Amended is five million, one hundred forty-nine thousand dollars Amendment No. 1 to Agreement/Bureau Veritas North America, Inc. Page 3 Rev. 10/25/2019
($5,149,000), subject to budget appropriations, which includes all payments that may be authorized for Services, expenses, supplies, materials and equipment required to perform the Services under this Agreement or under any of the Plan Check Agreements As Amended.”
3. Except as set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. In case of a conflict in the terms of the Agreement and this Amendment No. 1, the provisions of this Amendment No. 1 shall control.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 1 as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated:
GLEN R. GOOGINS
City Attorney
JŌVAN GROGAN
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”
BUREAU VERITAS NORTH AMERICA, INC.
a Delaware corporation
Dated:
By (Signature):
Name: Craig Baptista
Title: Vice President-Facilities West
Principal Place of
Business Address:
180 Promenade Circle, Suite 150; Sacramento,
CA 95834
Email Address: [email protected]
Telephone: (916) 725-4200
Fax: (916) 725-8242
“CONSULTANT”
Amendment No. 2 to Agreement/CSG Consultants, Inc., Page 1 Rev. 10/25/19
Ebix Insurance No. S200004282
AMENDMENT NO. 2
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
CSG CONSULTANTS, INC.
PREAMBLE
This agreement (“Amendment No. 2”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and CSG Consultants, 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. The Parties previously entered into an agreement entitled “Agreement for Services Between the City of Santa Clara, California, and CSG Consultants, Inc.” with an effective date of February 1, 2020 (Agreement); and
B. The Original Agreement was previously amended by Amendment No. 1, dated February 8, 2022, and is again amended by this Amendment No. 2. The Original Agreement and all previous amendments are collectively referred to herein as the “Original Agreement as Amended”; and
C. The Parties entered into the Agreement for the purpose of having Consultant provide plan check review consultant services, and the Parties now wish to amend the Agreement to increase the amount billed under the Agreement for a maximum aggregate compensation not to exceed $5,149,000 for ten consultant firm agreements.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Section 6 of the Agreement, entitled “Compensation and Payment,” is hereby amended to read as follows:
“6. COMPENSATION AND PAYMENT
A. 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." B. Consultant acknowledges that Consultant is one of 10 companies selected to perform related services for the City in response to an RFP, and City will be utilizing the services of all 10 companies, pursuant to 10 separate agreements (collectively, the “Plan Check Agreements”). Those 10 companies, and the effective dates of the applicable Plan Check Agreements, are as follows:
Amendment No. 2 to Agreement/CSG Consultants, Inc. Page 2 Rev. 10/25/2019
1. Jason Addison Smith Consulting Services, Inc., effective November 1, 2019, amended March 4, 2021;
2. Plan Review Consultants, Inc., effective July 19, 2016, amended Aug. 28, 2017, amended May 14, 2019, amended February 24, 2021, amended February 22, 2022;
3. Shums Coda Associates, Inc., effective June 23, 2015, amended June 6, 2016, amended Sep. 26, 2017, amended May 14, 2019, amended February 24, 2021, amended February 8, 2022;
4. Synergetic Consulting, effective July 8, 2019, amended March 4, 2021, amended February 8, 2022;
5. TRB + Associates, Inc., effective Aug. 18, 2015, amended Apr. 8, 2016, amended Sep. 5, 2017, amended May 14, 2019, amended February 24, 2021, amended February 8, 2022;
6. West Coast Code Consultants, Inc., effective Nov. 1, 2018, amended July 1, 2019, amended March 4, 2021, amended February 22, 2022;
7. 4Leaf, Inc., effective February 1, 2020, amended February 8, 2022;
8. CSG Consultants, Inc., effective February 1, 2020, amended February 8, 2022;
9. Bureau Veritas North America, Inc., effective February 22, 2022;
10. Interwest Consulting Group, Inc.
C. Consultant further acknowledges that City is concurrently executing additional amendments to the first nine of the Plan Check Agreements listed above, and executing a new agreement with Interwest Consulting Group, to include language similar to this section 6 (the “Plan Check Agreements As Amended”); D. The aggregate maximum compensation of the Plan Check Agreements As Amended is five million, one hundred forty nine thousand dollars ($5,149,000), subject to budget appropriations, which includes all payments that may be authorized for Services, expenses, supplies, materials and equipment required to perform the Services under this Agreement or under any of the Plan Check Agreements As Amended. All work performed or materials provided in excess of the maximum compensation shall be at Consultant’s expense. Consultant shall not be entitled to any payment above the maximum compensation under any circumstance.
E. Consultant further acknowledges that there are no minimum usage requirements and no commitment for a minimum number of hours.”
2. Subsection 1.1 of Section 1 (“Maximum Compensation”) of Exhibit B (“Compensation”) of the Agreement is hereby amended to read as follows:
“The maximum aggregate compensation of the Plan Check Agreements As Amended is five million, one hundred forty nine thousand dollars ($5,149,000), subject to budget appropriations, which includes all payments that may be authorized for Services, expenses, supplies, materials and equipment required to perform the Services under this Agreement or under any of the Plan Check Agreements As Amended.”
Amendment No. 2 to Agreement/CSG Consultants, Inc. Page 3 Rev. 10/25/2019
3. Except as set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. In case of a conflict in the terms of the Agreement and this Amendment No. 2, the provisions of this Amendment No. 2 shall control.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 2 as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated:
GLEN R. GOOGINS
City Attorney
JŌVAN GROGAN
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”
CSG CONSULTANTS, INC.
a California corporation
Dated:
By (Signature):
Name: Cyrus Kianpour
Title: President
Principal Place of
Business Address: 550 Pilgrim Drive, Foster City, CA 94404 Email Address: [email protected]
Telephone: 650-522-2500
Fax: 650-522-2599
“CONSULTANT”
Agreement with Interwest Consulting Group, Inc. Page 1
Rev. 07-01-18
EBIX Insurance No. *S200004386
AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
INTERWEST CONSULTING GROUP, INC.
PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Interwest Consulting Group, Inc. a Colorado 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 more 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 – Compensation
Exhibit C – Insurance Requirements
Exhibit D – Task Order Form
This Agreement, including the Exhibits set forth above, contains all the agreements, representations, and understandings of the Parties, and supersedes and replaces any previous agreements, representations, and understandings, whether oral or written. In the event of any inconsistency between the provisions Agreement with Interwest Consulting Group, 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.
2. TERM OF AGREEMENT
A. 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 October 11, 2023 and terminate on October 31, 2024.
B. After the Initial Term, the City reserves the right, at its sole discretion, to extend the term of this Agreement for an additional five-year period ending October 31, 2029 (“Option Period”). City shall provide Consultant with no less than thirty (30) days prior written notice of its intention to exercise its option to extend the term of this Agreement.
3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
A. General: The Consultant will provide services to the City as set forth in Exhibit A and as further described pursuant to individual task orders (Exhibit D). Each Task Order will describe the services and deliverables (collectively “Work”) the Consultant must provide, the time limit within which the Consultant must complete the Work, and the compensation for the Work.
B. Approved Task Order: The City will not compensate the Consultant for any Work until the City has executed the task order for such Work (“Approved Task Order”).
C. Obligation to Issue: The City has no obligation to issue any Approved Task Orders under this Agreement.
D. Each Approved Task Order shall be subject to the terms and conditions of this Agreement.
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.
Agreement with Interwest Consulting Group, Inc. Page 3
Rev. 07-01-18
5. QUALIFICATIONS OF CONSULTANT - 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
A. 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 "COMPENSATION." B. Consultant acknowledges that Consultant is one of 10 companies selected to perform related services for the City in response to an RFP, and City will be utilizing the services of all 10 companies, pursuant to 10 separate agreements (collectively, the “Plan Check Agreements”). Those 10 companies, and the effective dates of the applicable Plan Check Agreements, are as follows:
1. Jason Addison Smith Consulting Services, Inc., effective November 1, 2019, amended March 4, 2021;
2. Plan Review Consultants, Inc., effective July 19, 2016, amended Aug. 28, 2017, amended May 14, 2019, amended February 24, 2021, amended February 22, 2022;
3. Shums Coda Associates, Inc., effective June 23, 2015, amended June 6, 2016, amended Sep. 26, 2017, amended May 14, 2019, amended February 24, 2021, amended February 8, 2022;
4. Synergetic Consulting, effective July 8, 2019, amended March 4, 2021, amended February 8, 2022;
5. TRB + Associates, Inc., effective Aug. 18, 2015, amended Apr. 8, 2016, amended Sep. 5, 2017, amended May 14, 2019, amended February 24, 2021, amended February 8, 2022;
6. West Coast Code Consultants, Inc., effective Nov. 1, 2018, amended July 1, 2019, amended March 4, 2021, amended February 22, 2022;
7. 4Leaf, Inc., effective February 1, 2020, amended February 8, 2022;
8. CSG Consultants, Inc., effective February 1, 2020, amended February 8, 2022;
9. Bureau Veritas North America, Inc., effective February 22, 2022;
10. Interwest Consulting Group, Inc.
C. Consultant further acknowledges that City is concurrently executing additional amendments to the first nine of the Plan Check Agreements listed above, and executing a new agreement with Interwest Consulting Group, to include Agreement with Interwest Consulting Group, Inc. Page 4
Rev. 07-01-18
language similar to this section 6 (the “Plan Check Agreements As Amended”);
D. The aggregate maximum compensation of the Plan Check Agreements As Amended is five million, one hundred forty nine thousand dollars ($5,149,000), subject to budget appropriations, which includes all payments that may be authorized for Services, expenses, supplies, materials and equipment required to perform the Services under this Agreement or under any of the Plan Check Agreements As Amended. All work performed or materials provided in excess of the maximum compensation shall be at Consultant’s expense. Consultant shall not be entitled to any payment above the maximum compensation under any circumstance.
E. Consultant further acknowledges that there are no minimum usage requirements and no commitment for a minimum number of hours.
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 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 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, 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.
Agreement with Interwest Consulting Group, Inc. Page 5
Rev. 07-01-18
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 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 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 INSPECT 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 Agreement with Interwest Consulting Group, Inc. Page 6
Rev. 07-01-18
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, Consultant 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 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 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, 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.
Agreement with Interwest Consulting Group, Inc. Page 7
Rev. 07-01-18
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.
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: CDD/Building Division
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected]
And to Consultant addressed as follows:
Interwest Consulting Group, Inc.
6280 Las Positas Blvd., Suite 220
Pleasanton, CA 94588
Attention: Ron Beehler
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).
Agreement with Interwest Consulting Group, Inc. Page 8
Rev. 07-01-18
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 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.
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.
Agreement with Interwest Consulting Group, Inc. Page 9
Rev. 07-01-18
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.
26. STATEMENTS OF ECONOMIC INTERESTS
In accordance with the California Political Reform Act (Government Code section 81000 et seq.) and the City’s Conflict of Interest Code, Consultant shall cause each person who will be principally responsible for providing the Services and deliverables under this Agreement to do each of the following:
A. Complete a Form 700 for the disclosure categories of economic interests specified in the City’s Conflict of Interest Code; B. File the Form 700 no later than thirty (30) calendar days after the date the person begins performing services under the Agreement, and all subsequent Form 700s in conformance with the
requirements specified in the California Political Reform Act; and C. File the Form 700 with the City’s Clerk Office.
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:
GLEN R. GOOGINS
City Attorney
JŌVAN GROGAN
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”
INTERWEST CONSULTING GROUP, INC.
a Colorado corporation
Dated:
By (Signature):
Name:
Agreement with Interwest Consulting Group, Inc. Page 10 Rev. 07-01-18
Title:
Principal Place of
Business Address:
6280 Las Positas Blvd., Suite 220
Pleasanton, CA 94588
Email Address:
Telephone: 925-462-1114
Fax:
“CONSULTANT”
Agreement with Interwest Consulting Group, Inc./Exhibit A-Scope of Services Page 1 Rev. 07-01-18
EXHIBIT A
SCOPE OF SERVICES
The Consultant shall provide plan check review and field inspection consultant services for the following service areas: A) Building; and B) Fire. 1 GENERAL
1.1 Consultant shall communicate and coordinate with the City review team and report to the designated City representative(s).
1.2 Consultant shall meet with City, other third-party consultant(s), developers, and their design consultants.
1.3 Consultant shall review developers’ plans specific to the service areas in Section 2 below.
1.4 Consultant shall review plan revisions as they are submitted to the City for approval during design and/or construction, and provide plan check review comments, recommendations, and action items summaries.
1.5 Consultant shall inspect developers’ public and private improvements.
1.6 Consultant shall provide construction management as required. 2 SERVICE AREAS
2.1 Building Consultant Services
2.1.1 Consultant shall provide a list of the professional(s)-in-charge and plan reviewers affiliated with the third-party consultant, who certify, supervise and/or perform third party plan review.
2.1.2 Consultant shall create and maintain a quality assurance plan, describing method or plan that the third-party consultant uses to maintain the quality of all plan review services it provides.
2.1.3 Consultant shall meet with City staff or developer as required by City to answer code or project related questions.
2.1.4 Any high-rise building or unconventional structural system, such as base isolator, will require an additional independent structural peer review. Consultant shall coordinate with the selected structural peer reviewer and the City.
2.1.5 Consultant shall provide construction administration service as required, including, but not limited to, processing requests for information, reviewing deferred submittals and field revisions.
2.1.6 Consultant shall provide Building Field Inspection services for developer projects including, but not limited to, verification of compliance with State of California construction codes; verification Agreement with Interwest Consulting Group, Inc./Exhibit A-Scope of Services Page 2 Rev. 07-01-18
of the Consultant’s compliance with the City approved plans, City standard details and specifications; ensuring the quality of work; coordination with City departments, other public agencies, and various utilities; maintaining daily reports of items inspected and any other significant items, in the City’s Accela permitting software.
2.2 Fire Consultant Services
2.2.1 Consultant shall ensure compliance with projects Community Development, Planning Division conditions of approval.
2.2.2 Consultant shall conduct Building and Fire Code plan reviews utilizing the current adopted Title 19 and 24 regulations.
2.2.3 Consultant shall conduct plan review of fire protection and hazardous materials systems, including smoke control systems.
2.2.4 Consultant shall apply any and all local amendments and policies to the California Fire and Building Codes.
2.2.5 Consultant shall apply nationally recognized standards (e.g., NFPA, ASHRAE, ASTM, SFM, CSG, ASME, ANSI, UL, etc.).
2.2.6 Consultant shall attend meetings requested by the City to answer code or project related questions.
2.2.7 Any high-rise building or unconventional structural system, such as base isolator, will require an additional independent structural peer review. Consultant shall coordinate with the selected structural peer reviewer and the City.
2.2.8 Consultant shall provide the Fire Prevention & Hazardous Materials Division Field Inspection services for developer projects including, but not limited to, verification of contractors’ compliance with the City approved plans, City ordinances, City standard details and specifications (via field inspections and field testing); consultant shall be responsible for the development of corrective action lists, and provide data to fire department QA/QC representative; coordination with City departments, fire departments, certified unified program agency, and outside regulatory agencies; preparation and maintenance of daily reports of work done, contractor’s staff, etc.
Agreement with Interwest Consulting Group, Inc./Exhibit B-Compensation Page 1 Rev. 07-01-18
EXHIBIT B
COMPENSATION
1 GENERAL
1.1 The Consultant shall not be compensated for any Work until a task order form for such work has been executed by the City (“Approved Task Order”).
1.2 The cover page of each task order form will specify the maximum amount payable to the Consultant for all professional fees, costs and expenses related to the Consultant providing the Work under the task order (“Maximum Task Order Compensation”).
1.3 Attachment C of each task order form is a compensation table setting forth the manner in which the City will pay the Maximum Task Order Compensation. The compensation table shall be completed in accordance with Section 2 below.
1.4 The maximum aggregate compensation of the Plan Check Agreements As Amended is five million, one hundred forty-nine thousand dollars ($5,149,000), subject to budget appropriations, which includes all payments that may be authorized for Services, expenses, supplies, materials and equipment required to perform the Services under this Agreement or under any of the Plan Check Agreements As Amended.
2 COMPENSATION TABLE
2.1 Compensation Table – Part 1: Part 1 of the Compensation Table addresses compensation for the task(s) to be performed under the task order and shall be completed as follows.
2.1.1 Task Numbers (Column 1): Column 1 sets forth the task number(s) for which the City will compensate the Consultant. Each task number shall correspond to the same task number in Attachment A of the task order form. If a task number included in Attachment A is not included in the Compensation Table, then the City will not compensate the Consultant separately for that task, and payment for such task is deemed included in the other task(s) for which the Consultant is receiving compensation.
2.1.2 Basis of Compensation (Column 2): Column 2 identifies whether the City will pay the Consultant for the task(s) on a time-andmaterials basis or on a fixed-fee (lump-sum) basis.
2.1.3 Invoice Period (Column 3): Column 3 identifies when the Consultant must submit its invoice for payment. If invoicing is monthly, the Consultant must submit its invoice to the City by the 10th Business Day of each month for Work completed during the previous month. If invoicing is upon the completion of a task or Agreement with Interwest Consulting Group, Inc./Exhibit B-Compensation Page 2 Rev. 07-01-18
group of tasks, the Consultant must submit its invoice to the City within 20 Business Days following completion of the task(s) to the City’s satisfaction. If invoicing is upon the completion of all Work, the Consultant must submit its invoice to the City within 20 Business Days following completion of all Work to the City’s satisfaction.
2.1.4 Compensation (Column 4): Column 4 sets forth the maximum compensation the City will pay the Consultant for completing the task(s).
2.2 Compensation Table – Part 2: Part 2 of the Compensation Table indicates whether the City will reimburse the Consultant separately for expenses incurred in providing the Work. The following conditions will apply if the City reimburses the Consultant separately for expenses.
2.2.1 Expenses That Are Reimbursable: Any reimbursement to the Consultant is limited to the expenses set forth below in the Reimbursable Expense Schedule. The City will reimburse these expenses at actual cost only unless a markup is specified.
Reimbursable Expense Schedule Mark Up
1. The cost of mailing, shipping and/or delivery of any documents or materials.
No Markup
2. The cost of photographing, printing, reproducing and/or copying any documents or materials.
No Markup
3. Telephone and facsimile transmission charges. No Markup
4. The rental of any specialized equipment to the extent the City’s contract administrator has preapproved, in writing, the cost of such rental.
As
specified,
not to
exceed 10%
5. With the written pre-authorization of the City’s contract administrator, mileage and other travel-related expenses.
No Markup
6. Any expenses expressly identified as being reimbursable in the Schedule of Rates and Charges or in an Approved
Service Order.
As
specified,
not to
exceed 10%
Agreement with Interwest Consulting Group, Inc./Exhibit B-Compensation Page 3 Rev. 07-01-18
2.3 Compensation Table – Part 3: Part 3 indicates whether the City will compensate the Consultant separately for subconsultant costs incurred in providing any part of the Work. If the City will compensate the Consultant separately for subconsultant costs, the City will do so in accordance with the following.
2.3.1 Actual Costs: The Consultant can invoice the City for no more than the actual cost of each subconsultant.
2.3.2 Maximum Amount: For each Approved Task Order, the City will compensate the Consultant for all subconsultants in a total amount not to exceed the amount set forth in the last column of Part 3. Any additional subconsultant costs that the Consultant incurs in excess of the specified maximum amount are at no cost to the City.
Agreement with Interwest Consulting Group, Inc./Exhibit C-Insurance Requirements Page 1 Rev. 07-01-18
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting the Consultant’s indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Consultant shall provide and maintain in full force and effect during the period of performance of the Agreement and for twenty-four (24) months following acceptance by the City, at its sole cost and expense, the following insurance policies from insurance companies authorized to do business in the State of California. These policies shall be primary insurance as to the City of Santa Clara so that any other coverage held by the City shall not contribute to any loss under Consultant’s insurance. The minimum coverages, provisions and endorsements are as follows:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury
2. Exact structure and layering of the coverage shall be left to the discretion of Consultant; 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 Consultant 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 Agreement with Interwest Consulting Group, Inc./Exhibit C-Insurance Requirements Page 2 Rev. 07-01-18
one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned (if any), non-owned and hired autos.
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, Consultant and/or its subconsultants involved in such activities shall provide coverage with a limit of one million dollars ($1,000,000) per accident covering transportation of such materials by the addition to the Business Auto Coverage Policy of Environmental Impairment Endorsement MCS90 or Insurance Services Office endorsement form CA 99 48, which amends the pollution exclusion in the standard Business Automobile Policy to cover pollutants that are in or upon, being transported or towed by, being loaded onto, or being unloaded from a covered auto.
C. WORKERS’ COMPENSATION
1. Workers’ Compensation Insurance Policy as required by statute and employer’s liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.
2. The indemnification and hold harmless obligations of Consultant 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 Consultant or any subconsultant under any Workers’ Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).
3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.
D. PROFESSIONAL LIABILITY
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Consultant. Covered services as designated in the policy must specifically include work performed under this agreement. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per claim or two million dollars ($2,000,000) aggregate. Any coverage containing a deductible or self-retention must first be approved in writing by the City Attorney’s Office.
Agreement with Interwest Consulting Group, Inc./Exhibit C-Insurance Requirements Page 3 Rev. 07-01-18
E. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.
1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Consultant’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 Consultant 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 Consultant’s insurance.
3. Cancellation.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of nonrenewal.
4. Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through E of this Exhibit C, above.
Agreement with Interwest Consulting Group, Inc./Exhibit C-Insurance Requirements Page 4 Rev. 07-01-18
F. ADDITIONAL INSURANCE RELATED PROVISIONS
Consultant and City agree as follows:
1. Consultant agrees to ensure that subconsultants, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by Consultant, provide the same minimum insurance coverage required of Consultant, except as with respect to limits. Consultant 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. Consultant agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subconsultants and others engaged in the project will be submitted to City for review.
2. Consultant 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 Consultant 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 Consultant in the event of material noncompliance with the insurance requirements set forth in this Agreement.
G. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Consultant, and each and every subconsultant (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. Consultant 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.
H. EVIDENCE OF COMPLIANCE
Consultant 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, Consultant 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 Agreement with Interwest Consulting Group, Inc./Exhibit C-Insurance Requirements Page 5 Rev. 07-01-18
verifications and other items required to be delivered to City pursuant to this Agreement shall be mailed to:
EBIX Inc.
City of Santa Clara
P.O. Box 100085 – S2 or 1 Ebix Way
Duluth, GA 30096 John’s Creek, GA 30097
Telephone number: 951-766-2280
Fax number: 770-325-0409
Email address: [email protected]
I. QUALIFYING INSURERS
All of the insurance companies providing insurance for Consultant shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.
Agreement with Interwest Consulting Group, Inc./Exhibit D-Task Order Form Page 1 Rev. 07-01-18
EXHIBIT D - TASK ORDER FORM
Cover Page
1. Approved Task Order No.:
2. Consultant’s Name:
3. Project Name:
4. Project Location:
5. The Consultant and the City will implement this Approved Task Order in accordance with the executed Agreement, this cover page and Attachments “A” (Tasks), “B” (Project Staffing), and “C” (Compensation Table), which are incorporated herein by references.
6. Budget/Fiscal:
a. Previously Approved Compensation for Task Orders XX-XX: $ b. Maximum Task Order Compensation for this Approved Task Order: $ c. Total Approved Compensation for Task Orders (XX-XX) (6.a + 6.b): $
7. Department/Analyst
Approval:
Date: __________
8. Consultant Approval: Date: __________
9. Department Director
Approval:
Date: __________
Consultant:
Task Order No.:
Agreement with Interwest Consulting Group, Inc./Exhibit D-Task Order Form Page 2 Rev. 07-01-18
ATTACHMENT A: TASKS
The Consultant shall provide the services and deliverables set forth in this Attachment A. The Consultant shall provide all services and deliverables required by this Attachment A to the satisfaction of the City’s contract administrator.
General Description of Project for which Consultant will Provide Services:
Task No. 1:
Consultant will complete the tasks below including Consultant attendance at one meeting with City staff.
A. Services:
B. Deliverable:
C. Completion Time: The Consultant must complete the services and deliverables for this task in accordance with whichever one of the following time is marked:
On or before the following date:
On or before ____ Business Days from
_______________________________________.
Task No. 2:
Consultant will complete the subtasks outlined below.
A. Services:
B. Deliverable:
C. Completion Time: The Consultant must complete the services and deliverables for this task in accordance with whichever one of the following time is marked:
On or before the following date:
On or before ____ Business Days from
_______________________________________.
□
□
□
□
Consultant:
Task Order No.:
Agreement with Interwest Consulting Group, Inc./Exhibit D-Task Order Form Page 3 Rev. 07-01-18
ATTACHMENT B: STAFFING
1. City’s Contract Manager: The City’s contract manager for this Approved Task Order is:
Name: Phone No.:
Department: E-mail:
Address:
2. Consultant’s Contract Manager and Other Staffing: Identified below are the following: (a) the Consultant’s contract manager for this Approved Task Order, and (b) the Consultant(s) and/or employee(s) of the Consultant who will be principally responsible for providing the services and deliverables. If an individual identified below does not have a current Form 700 on file with the City Clerk for a separate agreement with the City, and is required to file a Form 700, the Consultant must submit the required Form 700 in accordance with California Political Reform Act (Government Code Section 81000 et seq.).
Required to File Form 700?
Consultant’s Contract Manager Yes
Already
Filed (Date
Filed)
Yes
Need to
File
No
Name: Phone No.: X (01/09/19)
Address: E-mail:
Other Staffing
Name: Assignment:
1. 2.
Consultant:
Task Order No.:
Agreement with Interwest Consulting Group, Inc./Exhibit D-Task Order Form Page 4 Rev. 07-01-18
3. Subconsultants: Whichever of the following is marked applies to this Approved Task Order:
The Consultant cannot use any subconsultants.
The Consultant can use the following subconsultants to assist in providing the required services and deliverables:
Subconsultant’s Name Area of Work
1. 2.
3. □
□
Consultant:
Task Order No.:
Agreement with Interwest Consulting Group Inc./Exhibit D-Task Order Form Page 5 Rev. 07-01-18
ATTACHMENT C: COMPENSATION TABLE
The City will compensate the Consultant for providing the services and deliverables set forth in Attachment A in accordance this Compensation Table.
Part 1 – Compensation for Services and Deliverables
Column 1 Column 2 Column 3 Column 4
Task Nos.
from
Attachment A
Basis of Compensation Invoice Period Compensation
1 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $ 2 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $ 3 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $ 4 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $ Part 2 – Reimbursable Expenses
No expenses are separately reimbursable. The amount(s)
in Column 4 of Part 1 include(s) payment for all expenses.
Expenses are separately reimbursable in the maximum amount of: $ Part 3 – Subconsultant Costs
Subconsultant costs are not separately compensable. The amount(s) in Column 4 of Part 1 include(s) subconsultant costs.
Subconsultant costs are separately compensable in the maximum amount of:
$
Maximum Task Order Compensation (sum of Parts 1 through 3): $ □ □ □ □ □
□ □ □ □ □
□ □ □ □ □
□ □ □ □ □
□ □
□ □
Amendment No. 2 to Agreement/ Jason Addison Smith Consulting Services, Inc., DBA JAS Pacific
Rev. 10/25/19
Ebix Insurance No. S200004387
AMENDMENT NO. 2
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
JASON ADDISON SMITH CONSULTING SERVICES, INC.
DBA JAS PACIFIC
PREAMBLE
This agreement (“Amendment No. 2”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Jason Addison Smith Consulting Services, Inc., a California corporation doing business as JAS Pacific (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 Professional Services by and Between the City of Santa Clara, California and Jason Addison Smith Consulting Services, Inc., dba JAS Pacific,” dated November 1, 2019 (Original Agreement); and
B. The Original Agreement was previously amended by Amendment No. 1, dated March 4, 2021, and is again amended by this Amendment No. 2. The Original Agreement and all previous amendments are collectively referred to herein as the “Original Agreement as Amended”; and
C. The Parties entered into the Original Agreement as Amended for the purpose of having Consultant provide qualified contract personnel, technical and professional services, and the Parties now wish to amend the Original Agreement as Amended to increase the amount billed under the Agreement for a maximum aggregate compensation not to exceed $5,149,000 for ten consultant firm agreements.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Section 6 of the Original Agreement as Amended, entitled “Compensation and Payment,” is hereby amended to read as follows:
“6. COMPENSATION AND PAYMENT
A. 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 "FEE SCHEDULE."
Amendment No. 2 to Agreement/ Jason Addison Smith Consulting Services, Inc., DBA JAS Pacific
Rev. 10/25/2019
B. Consultant acknowledges that Consultant is one of 10 companies selected to perform related services for the City in response to an RFP, and City will be utilizing the services of all 10 companies, pursuant to 10 separate agreements (collectively, the “Plan Check Agreements”). Those 10 companies, and the effective dates of the applicable Plan Check Agreements, are as follows:
1. Jason Addison Smith Consulting Services, Inc., effective November 1, 2019, amended March 4, 2021;
2. Plan Review Consultants, Inc., effective July 19, 2016, amended Aug. 28, 2017, amended May 14, 2019, amended February 24, 2021, amended February 22, 2022;
3. Shums Coda Associates, Inc., effective June 23, 2015, amended June 6, 2016, amended Sep. 26, 2017, amended May 14, 2019, amended February 24, 2021, amended February 8, 2022;
4. Synergetic Consulting, effective July 8, 2019, amended March 4, 2021, amended February 8, 2022;
5. TRB + Associates, Inc., effective Aug. 18, 2015, amended Apr. 8, 2016, amended Sep. 5, 2017, amended May 14, 2019, amended February 24, 2021, amended February 8, 2022;
6. West Coast Code Consultants, Inc., effective Nov. 1, 2018, amended July 1, 2019, amended March 4, 2021, amended February 22, 2022;
7. 4Leaf, Inc., effective February 1, 2020, amended February 8, 2022;
8. CSG Consultants, Inc., effective February 1, 2020, amended February 8, 2022;
9. Bureau Veritas North America, Inc., effective February 22, 2022;
10. Interwest Consulting Group, Inc.
C. Consultant further acknowledges that City is concurrently executing additional amendments to the first nine of the Plan Check Agreements listed above, and executing a new agreement with Interwest Consulting Group, to include language similar to this section 6 (the “Plan Check Agreements As Amended”); D. The aggregate maximum compensation of the Plan Check Agreements As Amended is five million, one hundred forty nine thousand dollars ($5,149,000), subject to budget appropriations, which includes all payments that may be authorized for Services, expenses, supplies, materials and equipment required to perform the Services under this Agreement or under any of the Plan Check Agreements As Amended. All work performed or materials provided in excess of the maximum compensation shall be at Consultant's expense. Consultant shall not be entitled to any payment above the maximum compensation under any circumstance.
E. Consultant further acknowledges that there are no minimum usage requirements and no commitment for a minimum number of hours.”
2. Subsection 1.1 of Section 1 (“Maximum Compensation”) of Exhibit B (“Compensation”) of the Original Agreement as Amended is hereby amended to read as follows:
“The maximum aggregate compensation of the Plan Check Agreements As Amended is five million, one hundred forty nine thousand dollars ($5,149,000), subject to budget Amendment No. 2 to Agreement/ Jason Addison Smith Consulting Services, Inc., DBA JAS Pacific
Rev. 10/25/2019
appropriations, which includes all payments that may be authorized for Services, expenses, supplies, materials and equipment required to perform the Services under this Agreement or under any of the Plan Check Agreements As Amended.
3. Except as set forth herein, all other terms and conditions of the Original Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Original Agreement as Amended and this Amendment No. 2, the provisions of this Amendment No. 2 shall control.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 2 as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated:
GLEN R. GOOGINS
City Attorney
JŌVAN GROGAN
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY
JASON ADDISON SMITH CONSULTING SERVICES, INC.
DBA JAS Pacific
a California Corporation
Dated:
By (Signature):
Name: Christine Champany
Title: Vice President
Principal Place of
Business Address:
201 North Euclid Avenue, Suite A
Upland, CA 91785
Email Address: [email protected]
Telephone: (800) 818-3677
Fax: (909) 605-0319
“CONSULTANT”
S:\Attorney\AGREEMENTS\Amendments\Amendment No. 2 - Form.doc Amendment No. 5 to Agreement/Plan Review Consultants, Inc. Page 1 Rev. 10/25/19
Ebix Insurance No. S200000367
AMENDMENT NO. 5
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
PLAN REVIEW CONSULTANTS, INC.
PREAMBLE
This agreement (“Amendment No. 5”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Plan Review Consultants, 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. The Parties previously entered into an agreement entitled “Agreement for Professional Services by and Between the City of Santa Clara, California and Plan Review Consultants, Inc.,” dated July 19, 2016 (Original Agreement); B. The Original Agreement was previously amended by Amendment No. 1, dated August 28, 2017, Amendment No. 2 dated May 14, 2019, Amendment No. 3 dated February 24, 2021, Amendment No. 4 dated February 22, 2022 and is again amended by this Amendment No. 5. The Original Agreement and all previous amendments are collectively referred to herein as the “Original Agreement as Amended”; and C. The Parties entered into the Original Agreement as Amended for the purpose of having Consultant provide qualified contract personnel, technical and professional services, and the Parties now wish to amend the Original Agreement as Amended to increase the amount billed under the Agreement for a maximum aggregate compensation not to exceed $5,149,000 for ten consultant firm agreements.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Section 10 of the Original Agreement as Amended, entitled “Compensation and Payment,” is hereby amended to read as follows:
“10. COMPENSATION AND PAYMENT
A. 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 "FEE SCHEDULE."
B. Consultant acknowledges that Consultant is one of 10 companies selected to perform related services for the City in response to an RFP, and City will be utilizing the services of all 10 companies, pursuant to 10 separate agreements Amendment No. 5 to Agreement/Plan Review Consultants, Inc. Page 2 Rev. 10/25/2019
(collectively, the “Plan Check Agreements”). Those 10 companies, and the effective dates of the applicable Plan Check Agreements, are as follows:
1. Jason Addison Smith Consulting Services, Inc., effective November 1, 2019, amended March 4, 2021;
2. Plan Review Consultants, Inc., effective July 19, 2016, amended Aug. 28, 2017, amended May 14, 2019, amended February 24, 2021, amended February 22, 2022;
3. Shums Coda Associates, Inc., effective June 23, 2015, amended June 6, 2016, amended Sep. 26, 2017, amended May 14, 2019, amended February 24, 2021, amended February 8, 2022;
4. Synergetic Consulting, effective July 8, 2019, amended March 4, 2021, amended February 8, 2022;
5. TRB + Associates, Inc., effective Aug. 18, 2015, amended Apr. 8, 2016, amended Sep. 5, 2017, amended May 14, 2019, amended February 24, 2021, amended February 8, 2022;
6. West Coast Code Consultants, Inc., effective Nov. 1, 2018, amended July 1, 2019, amended March 4, 2021, amended February 22, 2022;
7. 4Leaf, Inc., effective February 1, 2020, amended February 8, 2022;
8. CSG Consultants, Inc., effective February 1, 2020, amended February 8, 2022;
9. Bureau Veritas North America, Inc., effective February 22, 2022;
10. Interwest Consulting Group, Inc.
C. Consultant further acknowledges that City is concurrently executing additional amendments to the first nine of the Plan Check Agreements listed above, and executing a new agreement with Interwest Consulting Group, to include language similar to this section 6 (the “Plan Check Agreements As Amended”);
D. The aggregate maximum compensation of the Plan Check Agreements As Amended is five million, one hundred forty nine thousand dollars ($5,149,000), subject to budget appropriations, which includes all payments that may be authorized for Services, expenses, supplies, materials, and equipment required to perform the Services under this Agreement or under any of the Plan Check Agreements As Amended. All work performed or materials provided in excess of the maximum compensation shall be at Consultant's expense. Consultant shall not be entitled to any payment above the maximum compensation under any circumstance.
E. Consultant further acknowledges that there are no minimum usage requirements and no commitment for a minimum number of hours.”
2. That the text on the first page of Exhibit B, entitled “Fee Schedule” of the Original Agreement as Amended, is hereby amended to read as follows:
“Consultant shall provide a schedule of rates and fees which includes all billing amounts and costs as follows in Exhibit B.
Amendment No. 5 to Agreement/Plan Review Consultants, Inc. Page 3 Rev. 10/25/2019
If an item is not specifically mentioned in Exhibit B, details will be discussed and approved by the City of Santa Clara Building Official as needed.
The maximum aggregate compensation of the Plan Check Agreements As Amended is five million, one hundred forty nine thousand dollars ($5,149,000), subject to budget appropriations, which includes all payments that may be authorized for Services, expenses, supplies, materials and equipment required to perform the Services under this Agreement or under any of the Plan Check Agreements As Amended.”
3. Except as set forth herein, all other terms and conditions of the Original Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Original Agreement as Amended and this Amendment No. 5, the provisions of this Amendment No. 5 shall control.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 5 as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated:
GLEN R. GOOGINS
City Attorney
JŌVAN GROGAN
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”
PLAN REVIEW CONSULTANTS, INC.
a California Corporation
Dated:
By (Signature):
Name: Massoud Abolhoda
Title: President
Principal Place of
Business Address:
1680 Civic Center Dr., Suite 225, Santa Clara, CA
95050
Email Address: [email protected]
Telephone: 650-321-7008
Fax: 510-217-4098
“CONSULTANT”
Amendment No. 6 to Agreement/Shums Coda Associates, Inc. Page 1 Rev. 10/25/19
Ebix Insurance No. S200001928
AMENDMENT NO. 6
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
SHUMS CODA ASSOCIATES, INC.
PREAMBLE
This agreement (“Amendment No. 6”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Shums Coda Associates, Inc., a California corporation (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
A. The Parties previously entered into an agreement entitled “Agreement for Professional Services by and Between the City of Santa Clara, California and Shums Coda Associates, Inc.,” dated June 23, 2015 (Original Agreement); B. The Agreement was previously amended by Amendment No. 1, dated June 6, 2016, Amendment No. 2, dated September 26, 2017, Amendment No. 3, dated May 14, 2019, Amendment No. 4 dated February 24, 2021, Amendment No. 5 dated February 8, 2022 and is again amended by this Amendment No. 6. The Agreement and all previous amendments are collectively referred to herein as the “Original Agreement as Amended”; and
C. The Parties entered into the Original Agreement as Amended for the purpose of having Contractor provide qualified contract personnel, technical and professional services, and the Parties now wish to amend the Original Agreement as Amended to increase the amount billed under the Agreement for a maximum aggregate compensation not to exceed $5,149,000 for ten consultant firm agreements.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Section 9 of the Original Agreement as Amended, entitled “Compensation and Payment,” is hereby amended to read as follows:
“9. COMPENSATION AND PAYMENT
A. 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 "FEE SCHEDULE."
B. Contractor acknowledges that Contractor is one of 10 companies selected to perform related services for the City in response to an RFP, and City will be utilizing the services of all 10 companies, pursuant to 10 separate agreements Amendment No. 6 to Agreement/Shums Coda Associates, Inc. Page 2 Rev. 10/25/2019
(collectively, the “Plan Check Agreements”). Those 10 companies, and the effective dates of the applicable Plan Check Agreements, are as follows:
1. Jason Addison Smith Consulting Services, Inc., effective November 1, 2019, amended March 4, 2021;
2. Plan Review Consultants, Inc., effective July 19, 2016, amended Aug. 28, 2017, amended May 14, 2019, amended February 24, 2021, amended February 22, 2022;
3. Shums Coda Associates, Inc., effective June 23, 2015, amended June 6, 2016, amended Sep. 26, 2017, amended May 14, 2019, amended February 24, 2021, amended February 8, 2022;
4. Synergetic Consulting, effective July 8, 2019, amended March 4, 2021, amended February 8, 2022;
5. TRB + Associates, Inc., effective Aug. 18, 2015, amended Apr. 8, 2016, amended Sep. 5, 2017, amended May 14, 2019, amended February 24, 2021, amended February 8, 2022;
6. West Coast Code Consultants, Inc., effective Nov. 1, 2018, amended July 1, 2019, amended March 4, 2021, amended February 22, 2022;
7. 4Leaf, Inc., effective February 1, 2020, amended February 8, 2022;
8. CSG Consultants, Inc., effective February 1, 2020, amended February 8, 2022;
9. Bureau Veritas North America, Inc., effective February 22, 2022;
10. Interwest Consulting Group, Inc.
C. Consultant further acknowledges that City is concurrently executing additional amendments to the first nine of the Plan Check Agreements listed above, and executing a new agreement with Interwest Consulting Group, to include language similar to this section 6 (the “Plan Check Agreements As Amended”);
D. The aggregate maximum compensation of the Plan Check Agreements As Amended is five million, one hundred forty nine thousand dollars ($5,149,000), subject to budget appropriations, which includes all payments that may be authorized for Services, expenses, supplies, materials, and equipment required to perform the Services under this Agreement or under any of the Plan Check Agreements As Amended. 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.
E. Contractor further acknowledges that there are no minimum usage requirements and no commitment for a minimum number of hours.”
2. That the first paragraph of Exhibit B, entitled “Fee Schedule,” of the Original Agreement as Amended, is hereby amended to read as follows:
“Contractor shall provide a schedule of rates and fees which includes all billing amounts and costs as follows in Exhibit B.
Amendment No. 6 to Agreement/Shums Coda Associates, Inc. Page 3 Rev. 10/25/2019
If an item is not specifically mentioned in Exhibit B, details will be discussed and approved by the City of Santa Clara Building Official as needed.
The maximum aggregate compensation of the Plan Check Agreements As Amended is five million, one hundred forty nine thousand dollars ($5,149,000), subject to budget appropriations, which includes all payments that may be authorized for Services, expenses, supplies, materials, and equipment required to perform the Services under this Agreement or under any of the Plan Check Agreements As Amended.”
3. Except as set forth herein, all other terms and conditions of the Original Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Original Agreement as Amended and this Amendment No. 6, the provisions of this Amendment No. 6 shall control.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 6 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:
GLEN R. GOOGINS
City Attorney
JŌVAN GROGAN
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”
SHUMS CODA ASSOCIATES, INC.
a California Corporation
Dated:
By (Signature):
Name: David Basinger
Title: Principal/CEO
Principal Place of
Business Address:
5776 Stoneridge Mall Rd, Suite 150, Pleasanton,
CA 94588
Email Address: [email protected]
Telephone: 925-463-0651
Fax: 925-463-0691
“CONTRACTOR”
Amendment No. 3 to Agreement/Synergetic Consulting Page 1 Rev. 10/25/19
Ebix Insurance No. S200000365
AMENDMENT NO. 3
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
SYNERGETIC CONSULTING
PREAMBLE
This agreement (“Amendment No. 3”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Synergetic Consulting, a Nevada corporation (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
A. The Parties previously entered into an agreement entitled “Agreement for Professional Services by and Between the City of Santa Clara, California and Synergetic Consulting,” dated July 8, 2019 (Original Agreement);
B. The Original Agreement was previously amended by Amendment No. 1, dated March 4, 2021, Amendment No. 2 dated February 8, 2022 and is again amended by this Amendment No. 3. The Original Agreement and all previous amendments are collectively referred to herein as the “Original Agreement as Amended”; and C. The Parties entered into the Original Agreement as Amended for the purpose of having Contractor provide qualified contract personnel, technical and professional services, and the Parties now wish to amend the Original Agreement as Amended to increase the amount billed under the Agreement for a maximum aggregate compensation not to exceed $5,149,000 for ten consultant firm agreements.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Section 6 of the Original Agreement as Amended, entitled “Compensation and Payment,” is hereby amended to read as follows:
“6. COMPENSATION AND PAYMENT
A. 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 "FEE SCHEDULE."
B. Contractor acknowledges that Contractor is one of 10 companies selected to perform related services for the City in response to an RFP, and City will be utilizing the services of all 10 companies, pursuant to 10 separate agreements (collectively, the “Plan Check Agreements”). Those 10 companies, and the effective dates of the applicable Plan Check Agreements, are as follows:
Amendment No. 3 to Agreement/Synergetic Consulting Page 2 Rev. 10/25/2019
1. Jason Addison Smith Consulting Services, Inc., effective November 1, 2019, amended March 4, 2021;
2. Plan Review Consultants, Inc., effective July 19, 2016, amended Aug. 28, 2017, amended May 14, 2019, amended February 24, 2021, amended February 22, 2022;
3. Shums Coda Associates, Inc., effective June 23, 2015, amended June 6, 2016, amended Sep. 26, 2017, amended May 14, 2019, amended February 24, 2021, amended February 8, 2022;
4. Synergetic Consulting, effective July 8, 2019, amended March 4, 2021, amended February 8, 2022;
5. TRB + Associates, Inc., effective Aug. 18, 2015, amended Apr. 8, 2016, amended Sep. 5, 2017, amended May 14, 2019, amended February 24, 2021, amended February 8, 2022;
6. West Coast Code Consultants, Inc., effective Nov. 1, 2018, amended July 1, 2019, amended March 4, 2021, amended February 22, 2022;
7. 4Leaf, Inc., effective February 1, 2020, amended February 8, 2022;
8. CSG Consultants, Inc., effective February 1, 2020, amended February 8, 2022;
9. Bureau Veritas North America, Inc., effective February 22, 2022;
10. Interwest Consulting Group, Inc.
C. Consultant further acknowledges that City is concurrently executing additional amendments to the first nine of the Plan Check Agreements listed above, and executing a new agreement with Interwest Consulting Group, to include language similar to this section 6 (the “Plan Check Agreements As Amended”);
D. The aggregate maximum compensation of the Plan Check Agreements As Amended is five million, one hundred forty-nine thousand dollars ($5,149,000), subject to budget appropriations, which includes all payments that may be authorized for Services, expenses, supplies, materials, and equipment required to perform the Services under this Agreement or under any of the Plan Check Agreements As Amended. 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.
E. Contractor further acknowledges that there are no minimum usage requirements and no commitment for a minimum number of hours.”
That the final paragraph of Exhibit B, entitled “Revised Schedule of Fees” of the Original Agreement as Amended, is hereby amended to read as follows:
“The maximum aggregate compensation of the Plan Check Agreements As Amended is five million, one hundred forty-nine thousand dollars ($5,149,000), subject to budget appropriations, which includes all payments that may be authorized for Services, expenses, supplies, materials, and equipment required to perform the Services under this Agreement or under any of the Plan Check Agreements As Amended.”
Amendment No. 3 to Agreement/Synergetic Consulting Page 3 Rev. 10/25/2019
2. Except as set forth herein, all other terms and conditions of the Original Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Original Agreement as Amended and this Amendment No. 3, the provisions of this Amendment No. 3 shall control.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 3 as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated:
GLEN R. GOOGINS
City Attorney
JŌVAN GROGAN
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”
SYNERGETIC CONSULTING
a Nevada Corporation
Dated:
By (Signature):
Name: Edward R. Rought
Title: President
Principal Place of
Business Address:
14700 Virginia Foothills Dr. #2,
Reno, Nevada 89521
Email Address: [email protected]
Telephone: (775) 284-3400
Fax:
“CONTRACTOR”
S:\Attorney\AGREEMENTS\Amendments\Amendment No. 3 - Form.doc Amendment No. 6 to Agreement/TRB + Associates, Inc. Page 1 Rev. 10/25/19
Ebix Insurance No. S200003263
AMENDMENT NO. 6
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
TRB + ASSOCIATES, INC.
PREAMBLE
This agreement (“Amendment No. 6”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and TRB + Associates, Inc., a California corporation (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
A. The Parties previously entered into an agreement entitled “Agreement for Professional Services by and Between the City of Santa Clara, California and TRB + Associates, Inc.,” dated August 18, 2015 (Original Agreement);
B. The Original Agreement was previously amended by Amendment No. 1, dated April 8, 2016, Amendment No. 2 dated September 5, 2017, Amendment No. 3 dated May 14, 2019, Amendment No. 4 dated February 24, 2021, Amendment No. 5 dated February 8, 2022 and is again amended by this Amendment No. 6. The Original Agreement and all previous amendments are collectively referred to herein as the “Original Agreement as Amended”; and
C. The Parties entered into the Original Agreement as Amended for the purpose of having Contractor provide qualified contract personnel, technical and professional services, and the Parties now wish to amend the Original Agreement as Amended to increase the amount billed under the Agreement for a maximum aggregate compensation not to exceed $5,149,000 for ten consultant firm agreements.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Section 9 of the Original Agreement as Amended, entitled “Compensation and Payment,” is hereby amended to read as follows:
“9. COMPENSATION AND PAYMENT
A. 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 "FEE SCHEDULE."
B. Contractor acknowledges that Contractor is one of 10 companies selected to perform related services for the City in response to an RFP, and City will be utilizing the services of all 10 companies, pursuant to 10 separate agreements Amendment No. 6 to Agreement/TRB + Associates, Inc. Page 2 Rev. 10/25/2019
(collectively, the “Plan Check Agreements”). Those 10 companies, and the effective dates of the applicable Plan Check Agreements, are as follows:
1. Jason Addison Smith Consulting Services, Inc., effective November 1, 2019, amended March 4, 2021;
2. Plan Review Consultants, Inc., effective July 19, 2016, amended Aug. 28, 2017, amended May 14, 2019, amended February 24, 2021, amended February 22, 2022;
3. Shums Coda Associates, Inc., effective June 23, 2015, amended June 6, 2016, amended Sep. 26, 2017, amended May 14, 2019, amended February 24, 2021, amended February 8, 2022;
4. Synergetic Consulting, effective July 8, 2019, amended March 4, 2021, amended February 8, 2022;
5. TRB + Associates, Inc., effective Aug. 18, 2015, amended Apr. 8, 2016, amended Sep. 5, 2017, amended May 14, 2019, amended February 24, 2021, amended February 8, 2022;
6. West Coast Code Consultants, Inc., effective Nov. 1, 2018, amended July 1, 2019, amended March 4, 2021, amended February 22, 2022;
7. 4Leaf, Inc., effective February 1, 2020, amended February 8, 2022;
8. CSG Consultants, Inc., effective February 1, 2020, amended February 8, 2022;
9. Bureau Veritas North America, Inc., effective February 22, 2022;
10. Interwest Consulting Group, Inc.
C. Consultant further acknowledges that City is concurrently executing additional amendments to the first nine of the Plan Check Agreements listed above, and executing a new agreement with Interwest Consulting Group, to include language similar to this section 6 (the “Plan Check Agreements As Amended”); D. The aggregate maximum compensation of the Plan Check Agreements As Amended is five million, one hundred forty nine thousand dollars ($5,149,000) subject to budget appropriations, which includes all payments that may be authorized for Services, expenses, supplies, materials, and equipment required to perform the Services under this Agreement or under any of the Plan Check Agreements As Amended. 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.
E. Consultant further acknowledges that there are no minimum usage requirements and no commitment for a minimum number of hours.”
2. That the text on the first page of Exhibit B, entitled “Fee Schedule” of the Original Agreement as Amended, is hereby amended to read as follows:
“Contractor shall provide a schedule of rates and fees which includes all billing amounts and costs as follows in Exhibit B.
If an item is not specifically mentioned in Exhibit B, details will be discussed and approved by the City of Santa Clara Building Official as needed.
Amendment No. 6 to Agreement/TRB + Associates, Inc. Page 3 Rev. 10/25/2019
The maximum aggregate compensation of the Plan Check Agreements As Amended is five million, one hundred forty nine thousand dollars ($5,149,000), subject to budget appropriations, which includes all payments that may be authorized for Services, expenses, supplies, materials, and equipment required to perform the Services under this Agreement or under any of the Plan Check Agreements As Amended.
3. Except as set forth herein, all other terms and conditions of the Original Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Original Agreement as Amended and this Amendment No. 6, the provisions of this Amendment No. 6 shall control.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 6 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:
GLEN R. GOOGINS
City Attorney
JŌVAN GROGAN
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”
TRB + ASSOCIATES, INC.
a California Corporation
Dated:
By (Signature):
Name: Todd Bailey
Title: Principal
Principal Place of
Business Address:
3180 Crow Canyon Place, Suite 216
San Ramon, CA 94583
Email Address: [email protected]
Telephone: (925) 866-2633
Fax: (925) 790-0011
“CONSULTANT”
Amendment No. 4 to Agreement/ West Coast Code Consultants, Inc. Page 1 Rev. 10/25/19
Ebix Insurance No. S200004374
AMENDMENT NO. 4
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
WEST COAST CODE CONSULTANTS, INC. (WC3)
PREAMBLE
This agreement (“Amendment No. 4”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and West Coast Code Consultants, Inc., a California corporation (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
A. The Parties previously entered into an agreement entitled “Agreement for Professional Services by and Between the City of Santa Clara, California and West Coast Code Consultants, Inc.,” dated November 1, 2018 (Original Agreement); B. The Original Agreement was previously amended by Amendment No. 1, dated July 1, 2019, Amendment No. 2 dated March 4, 2021, Amendment No. 3 dated February 22, 2022 and is again amended by this Amendment No. 4 . The Original Agreement and all previous amendments are collectively referred to herein as the “Original Agreement as Amended”; and
C. The Parties entered into the Original Agreement as Amended for the purpose of having Contractor provide qualified contract personnel, technical and professional services, and the Parties now wish to amend the Original Agreement as Amended to increase the amount billed under the Agreement for a maximum aggregate compensation not to exceed $5,149,000 for ten consultant firm agreements.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Section 6 of the Original Agreement as Amended, entitled “Compensation and Payment,” is hereby amended to read as follows:
“6. COMPENSATION AND PAYMENT
A. 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 "FEE SCHEDULE."
B. Contractor acknowledges that Contractor is one of 10 companies selected to perform related services for the City in response to an RFP, and City will be utilizing the services of all 10 companies, pursuant to 10 separate agreements Amendment No. 4 to Agreement/ West Coast Code Consultants, Inc. Page 2 Rev. 10/25/2019
(collectively, the “Plan Check Agreements”). Those 10 companies, and the effective dates of the applicable Plan Check Agreements, are as follows:
1. Jason Addison Smith Consulting Services, Inc., effective November 1, 2019, amended March 4, 2021;
2. Plan Review Consultants, Inc., effective July 19, 2016, amended Aug. 28, 2017, amended May 14, 2019, amended February 24, 2021, amended February 22, 2022;
3. Shums Coda Associates, Inc., effective June 23, 2015, amended June 6, 2016, amended Sep. 26, 2017, amended May 14, 2019, amended February 24, 2021, amended February 8, 2022;
4. Synergetic Consulting, effective July 8, 2019, amended March 4, 2021, amended February 8, 2022;
5. TRB + Associates, Inc., effective Aug. 18, 2015, amended Apr. 8, 2016, amended Sep. 5, 2017, amended May 14, 2019, amended February 24, 2021, amended February 8, 2022;
6. West Coast Code Consultants, Inc., effective Nov. 1, 2018, amended July 1, 2019, amended March 4, 2021, amended February 22, 2022;
7. 4Leaf, Inc., effective February 1, 2020, amended February 8, 2022;
8. CSG Consultants, Inc., effective February 1, 2020, amended February 8, 2022;
9. Bureau Veritas North America, Inc., effective February 22, 2022;
10. Interwest Consulting Group, Inc.
C. Consultant further acknowledges that City is concurrently executing additional amendments to the first nine of the Plan Check Agreements listed above, and executing a new agreement with Interwest Consulting Group, to include language similar to this section 6 (the “Plan Check Agreements As Amended”);
D. The aggregate maximum compensation of the Plan Check Agreements As Amended is five million, one hundred forty nine thousand dollars ($5,149,000), subject to budget appropriations, which includes all payments that may be authorized for Services, expenses, supplies, materials, and equipment required to perform the Services under this Agreement or under any of the Plan Check Agreements As Amended. 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.
E. Contractor further acknowledges that there are no minimum usage requirements and no commitment for a minimum number of hours.”
2. That the final paragraph of Exhibit B, entitled “Revised Schedule of Fees” of the Original Agreement as Amended, is hereby amended to read as follows:
“The maximum aggregate compensation of the Plan Check Agreements As Amended is five million, one hundred forty nine thousand dollars ($5,149,000), subject to budget appropriations, which includes all payments that may be authorized for Services, expenses, supplies, materials, and equipment required Amendment No. 4 to Agreement/ West Coast Code Consultants, Inc. Page 3 Rev. 10/25/2019
to perform the Services under this Agreement or under any of the Plan Check Agreements As Amended.”
3. Except as set forth herein, all other terms and conditions of the Original Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Original Agreement as Amended and this Amendment No. 4, the provisions of this Amendment No. 4 shall control.
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:
GLEN R. GOOGINS
City Attorney
JŌVAN GROGAN
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”
WEST COAST CODE CONSULTANTS, INC., (WC3).
a California Corporation
Dated:
By (Signature):
Name: Giyan Senaratne, PE, SE, LEED AP, CASp
Title: Principal/CEO
Principal Place of
Business Address:
2400 Camino Ramon, Ste 240
San Ramon, CA 94583
Email Address: [email protected]
Telephone: (925) 275-1700
Fax:
“CONSULTANT”
S:\Attorney\AGREEMENTS\Amendments\Amendment No. 4 - Form.doc City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-936 Agenda Date: 10/10/2023
REPORT TO COUNCIL
SUBJECT
Action on a Grant Agreement with the California Office of Traffic Safety, and Amendment No. 1 to the Agreement with Safe Moves, Inc., for the Safe Routes to School Program, and Related Budget Amendments
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
The City administers the Safe Routes to School Program (SRTS Program) through a collaborative effort with the Santa Clara Unified School District (SCUSD). Currently, there are 17 schools participating in the program. The program offers Safe Routes to School Maps, Bicycle & Pedestrian Rodeos, Walk & Bike to School Days, Traffic Safety Equipment Giveaways, Safety Education Curriculum, and Parent and School District staff workshops.
In July 2022, the City received a California Office of Traffic Safety (OTS) grant award in the amount of $25,000. OTS is the agency responsible for administering traffic safety grants made available to California by the National Highway Traffic Safety Administration (NHTSA). These grant funds were used to supplement the City’s SRTS Program by purchasing bicycle helmets and conducting bicycle and pedestrian rodeos. In January 2023 the Department of Public Works (DPW) submitted another grant application to the OTS for additional funds to supplement the SRTS Program with additional activities and materials. On July 17, 2023, DPW received notification that the City was tentatively awarded a $45,200 grant from OTS.
In November 2022, Council approved an agreement with Safe Moves, Inc. to assist the City in the areas of education, encouragement, and evaluation for the City’s SRTS Program. An amendment to this Agreement is needed to reflect the additional work associated with the latest OTS grant.
The purpose of this report is to request approval from Council for the City Manager to execute the Grant Agreement with OTS (Grant Agreement) and Amendment No. 1 to the agreement with Safe Moves. Both documents are required to be executed prior to OTS’ release of the additional grant funds.
DISCUSSION
As a recipient, the City is required to execute the Grant Agreement before OTS can approve the award of $45,200. The Grant Agreement specifies that the grant funds must be expended between October 1, 2023 and September 30, 2024. Therefore, staff is requesting that Council authorize the City Manager to execute the Grant Agreement as the Authorizing Official on behalf of the City.
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23-936 Agenda Date: 10/10/2023
The State-approved grant budget is for “Contractual Services” reflected in the Amendment No. 1 with Safe Moves, which specifies that the grant funds will be used for the purchase of helmets and other equipment, as well as holding student assemblies and bike rodeos. The full amount of the grant ($45,200) is being added to the Safe Moves agreement, for a revised total not-to-exceed amount of $645,200.
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 recommended budget action recognizes OTS grant funding in the amount of $45,200 and allocates those funds to a new 2023 Santa Clara School Pedestrian and Bicycle Safety Project in the Streets and Highways Capital Fund. This project will provide funding for Amendment No. 1 with Safe Moves.
Amendment No. 1 with Safe Moves for the SRTS program will increase the current $600,000 agreement by $45,200 for a total not to exceed amount of $645,200.
The table below summarizes the budget action for FY 2023/24.
Budget Amendment
FY 2023/24
Current Increase/
(Decrease)
Revised
Streets and Highways Capital Fund
Revenues
Other Agencies Revenue (OTS Grant) $19,712,116 $45,200 $19,757,316 Expenditures
2023 Santa Clara School Pedestrian
and Bicycle Safety Project (New Project)
$0 $45,200 $45,200
COORDINATION
This report has been coordinated with the City Manager’s Office, the Finance Department and the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the City of Santa Clara Page 2 of 3 Printed on 10/5/2023
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23-936 Agenda Date: 10/10/2023
public information desk at any City of Santa Clara public library.
RECOMMENDATION
1. Authorize the City Manager to execute and take all necessary steps to approve the Grant Agreement between the City of Santa Clara and the State of California Office of Traffic Safety in the amount of $45,200 for the Safe Routes to School Program, in a final form approved by the City Attorney;
2. Authorize the City Manager to execute Amendment No. 1 to the Agreement with Safe Moves, Inc. to increase the maximum compensation by $45,200 for a revised not-to-exceed amount of $645,200, to provide equipment and services in support of the Safe Routes to School Program, in a final form approved by the City Attorney;
3. Authorize the City Manager to make minor modifications to both agreements and to extend the terms, if needed, in a final form approved by the City Attorney; and
4. Approve the FY 2023/24 budget amendment in the Streets and Highways Capital Fund to increase the Other Agencies Revenue estimate by $45,200 to recognize grant funding for the OTS grant and establish the 2023 Santa Clara School Pedestrian and Bicycle Safety Project in the amount of $45,200 (five affirmative Council votes required to appropriate additional revenue) .
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Jōvan D. Grogan, City Manager
ATTACHMENTS
1. Office of Traffic Safety Grant Agreement
2. Original Agreement with Safe Moves
3. Amendment No.1 with Safe Moves
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State of California – Office of Traffic Safety
GRANT AGREEMENT
GRANT NUMBER
PS24040
1. GRANT TITLE
Pedestrian and Bicycle Safety Program
2. NAME OF AGENCY 3. Grant Period
Santa Clara From:
To:
10/01/2023
09/30/2024 4. AGENCY UNIT TO ADMINISTER GRANT
Santa Clara Public Works Department
5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving pedestrians and bicyclists. The funded strategies may include classroom education, bicycle rodeos, community events, presentations, and workshops. These countermeasures should be conducted in communities with high numbers of pedestrian and/or bicycle related crashes including underserved communities, older adults, and school-aged children. Coordinated efforts such as Safe Routes to School initiatives, Safe System Approach, and working with community based organizations are highly encouraged to prevent fatalities and injuries of vulnerable non-motorized road users.
6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $45,200.00
7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
Schedule A – Problem Statement, Goals and Objectives and Method of Procedure Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable) Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable) Exhibit A – Certifications and Assurances
Exhibit B* – OTS Grant Program Manual
Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.
These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Steve Chan
Transportation Manager
[email protected]
(408) 615-3021
1500 Warburton Avenue
Santa Clara, CA 95050
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Jovan Grogan
City Manager
[email protected]
(408) 615-2211
1500 Warburton Avenue
Santa Clara, CA 95050
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Kenn Lee
Finance Director
[email protected]
(408) 615-2344
1500 Warburton Avenue
Santa Clara, CA 95050
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Barbara Rooney
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
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10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED
EXPENDITURES
AGREEMENT
TOTAL $45,200.00
AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$45,200.00
PRIOR AMOUNT ENCUMBERED FOR THIS
AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $45,200.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #:
REGISTERED
ADDRESS:
CITY:
ZIP+4:
RK62GLSXRUK9
1500 Warburton Ave
Santa Clara
95050-4307
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule A
GRANT NUMBER
PS24040
1. PROBLEM STATEMENT
The City of Santa Clara (population: 129,089) has over 20 public elementary and middle schools in the Santa Clara Unified School District serving 9,692 students. Most of the schools are located adjacent to collector or higher capacity roadways that requires added caution when students walk or bike to school.
Several schools have contacted the City to incorporate pedestrian and bicycle safety upgrades on nearby roadways. Overall, the City has had 77 bicycle crashes and 96 pedestrian crashes over a three-year period with 126 injuries and 9 fatalities (2020 – 2022).
The City has an area identified as an Equity Priority Community (EPC) by the Metropolitan Transportation Commission with 29,591 residents or about 23% of the citywide population. This area is considered an underserved community. One school within the EPC has submitted a petition from over 100 people to encourage the City to make bicycle and pedestrian safety improvements near the school. The OTS Grant will be used to conduct student assemblies and bike rodeos with safety education and to distribute safety equipment at elementary and middle schools in Santa Clara. The student assemblies and bike rodeos in conjunction with other planned City projects will be used to address safety concerns with a goal of enhancing safety at and surrounding the City’s schools.
2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic crashes.
2. Reduce the number of persons injured in traffic crashes.
3. Reduce the number of pedestrians killed in traffic crashes.
4. Reduce the number of pedestrians injured in traffic crashes.
5. Reduce the number of pedestrians killed under age 15 in traffic crashes.
6. Reduce the number of pedestrians injured under age 15 in traffic crashes.
7. Reduce the number of pedestrians killed over age 65 in traffic crashes.
8. Reduce the number of pedestrians injured over age 65 in traffic crashes.
9. Reduce the number of bicyclists killed in traffic crashes.
10. Reduce the number of bicyclists injured in traffic crashes.
11. Reduce the number of bicyclists under age 15 killed in traffic crashes.
12. Reduce the number of bicyclists under age 15 injured in traffic crashes.
13. Increase bicycle helmet usage.
B. Objectives: Target Number
1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release.
1 2. Participate in the following campaigns: National Walk to School Day, National Bicycle Safety Month, California's Pedestrian Safety Month and National Pedestrian Safety Month.
4 3. Conduct pedestrian and/or bicycle safety presentations with an effort to reach youth.
68 4. Distribute pedestrian/bicycle safety items at no cost to youth or community members in need, during bicycle rodeos, presentations, workshops, trainings, and community events to increase safety and visibility.
1 5. Participate in Safe Routes to School coalition meetings. 3
6. Conduct pre and post-grant activities bicycle helmet usage surveys during the months of October (start of the grant) and September (end of the grant). A presurvey will be required to determine the base year helmet use rate and a postsurvey will be required to determine the operational rate. Upload completed survey to GEMS.
2 8/24/2023 8:36:03 AM Page 4 of 15
7. Distribute and properly fit bicycle helmets at no cost to community members in need, at bicycle rodeos, schools, workshops, and community events. 300
8. Purchase bicycle helmets. 300
9. Conduct bicycle helmet inspections and make necessary adjustments at no cost for community members in need at schools and community events. 1 10. Conduct bicycle rodeos with an effort to reach youth. 30
11. Execute subcontracts referenced in the budget. Prior to finalizing the subcontract, grantee will work with the OTS to ensure all costs in the sub contract are allowable. Upon execution of subcontract, upload a copy of the subcontract and request a revision to the grant budget to add new budget line items for associated costs under contractual services. If not yet executed, provide status and ETA. 1 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year) Develop operational plans to implement the “best practice” strategies outlined in the objectives section.
Conduct all training needed to implement the program. Purchase all grant related supplies and materials needed to implement the program.
Media Requirements
Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO.
B. Phase 2 – Program Operations (Throughout Grant Year) Media Requirements
The following requirements are for all grant-related activities:
Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.
However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
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Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email. Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication. Use the following standard language in all press, media, and printed materials, space permitting:
Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo. Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.
If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grantrelated event or program. Media and program highlights are to be reflected in QPRs. Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted.
C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)
1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)
2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
Collect and report quarterly, appropriate data that supports the progress of goals and objectives. Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
Collect, analyze and report statistical data relating to the grant goals and objectives.
4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
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8/24/2023 8:36:03 AM Page 7 of 15
State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B
GRANT NUMBER
PS24040
FUND NUMBER CATALOG
NUMBER (CFDA)
FUND DESCRIPTION TOTAL AMOUNT
402PS-24 20.600 State and Community Highway
Safety
$45,200.00
COST CATEGORY FUND
NUMBER
UNIT COST OR
RATE
UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
$0.00
Category Sub-Total $0.00
B. TRAVEL EXPENSES
$0.00
$0.00
Category Sub-Total $0.00
C. CONTRACTUAL SERVICES
Pedestrian and Bicycle Traffic Safety
Education Program - $42,500
402PS-24 $45,200.00 1 $45,200.00
Bike Rodeo 402PS-24 30 $0.00
Traffic Safety Student Assemblies 402PS-24 68 $0.00
Bicycle Helmets 402PS-24 300 $0.00
Bicycle Safety Items 402PS-24 1 $0.00
Category Sub-Total $45,200.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
$0.00
Category Sub-Total $0.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $45,200.00
8/24/2023 8:36:03 AM Page 8 of 15
State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
GRANT NUMBER
PS24040
BUDGET NARRATIVE
PERSONNEL COSTS
-
TRAVEL EXPENSES
-
CONTRACTUAL SERVICES
Pedestrian and Bicycle Traffic Safety Education Program - $42,500 - Grantee will seek a contractor to assist with fulfilling the goals and objectives of this grant by conducting pedestrian and/or bicycle traffic safety education activities that may include presentations, on-foot safety trainings, bike rodeos, community bike rides, helmet fittings and outreach at community events. Other activities may be conducted if approved by OTS.
Prior to finalizing the subcontract, grantee will work with the OTS to ensure all costs are allowable. Upon execution of subcontract, grantee will provide a copy to the OTS and will request a grant budget revision to include the detailed costs of the subcontract in the grant budget as a prerequisite for claiming these costs.
Bike Rodeo - Vendor to conduct on-bike traffic safety clinic to teach children the skills and precautions to ride a bicycle safely.
Traffic Safety Student Assemblies - Vendor to conduct bicycle and/or pedestrian traffic safety student assemblies that include best practices of traffic safety and avoiding crashes.
Bicycle Helmets - Helmets to be distributed at no cost during bicycle rodeos and other bicycle safety related events. Cost per helmet not to exceed an average price of $15, including shipping, handling and tax. More expensive helmets may be purchased if approved by OTS.
Bicycle Safety Items - Cost may include reflective arm and leg bands, tape, zipper pulls, bicycle headlights/taillights, and reflectors to be distributed at no cost during bicycle rodeos, presentations, workshops, trainings, and community events to increase safety and visibility. Additional items may be purchased if approved by OTS.
EQUIPMENT
-
OTHER DIRECT COSTS
-
INDIRECT COSTS
-
STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant. 8/24/2023 8:36:03 AM Page 9 of 15
State of California – Office of Traffic Safety
GRANT AGREEMENT
Exhibit A
GRANT NUMBER
PS24040
Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:
GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended; Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; 23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs; 2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federallyfunded or not); Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and LowIncome Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).
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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.
GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.” The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.
SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:
1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”
3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.
4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.
5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.
6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.
7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.
8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.
9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. § 2 i .23(b) and (e) of __
to as DOT Order 1050.2A)
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By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.
The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.
THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. The grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation, and employee assistance programs;
4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;
5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—
1. Abide by the terms of the statement;
2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—
1. Taking appropriate personnel action against such an employee, up to and including termination;
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.
POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of 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; 8/24/2023 8:36:03 AM Page 12 of 15
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;
3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, 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.
RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)
INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)
1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or 8/24/2023 8:36:03 AM Page 13 of 15
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—
PRIMARY TIER COVERED TRANSACTIONS
1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.
2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.
INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or 8/24/2023 8:36:03 AM Page 14 of 15
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—
LOWER TIER COVERED TRANSACTIONS
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.
CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)
GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:
1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.
2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.
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DISCLOSURE REQUIREMENTS
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:
1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.
2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.
3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.
POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.
POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving companyowned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
E8IX Insurance No. S200003681
AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
SAFE MOVES, INC.
PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Safe Moves, 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 more fully described in this Agreement, at Exhibit A, entitled "Scope of Services";
8. 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 81 - Schedule of Fees
Exhibit 82 - Fees by Task and Year
Exhibit C - Insurance Requirements
Exhibit D - Notice of Exercise of Option to Extend Agreement Agreement with Safe Moves, Inc.
Rev. 07-01-18
This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.
2. TERM OF AGREEMENT
A. 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 November 16, 2022 and terminate on November 30, 2025.
B. After the Initial Term, the City reserves the right, at its sole discretion, to extend the term of this Agreement for up to one (1) additional one-year term through November 30, 2026 ("Option Period"), subject to the appropriation of funds. See Exhibit D for Notice of Exercise to Option to Extend Agreement Form.
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 CONSUL TANT - 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.
Agreement with Safe Moves, Inc.
Rev. 07-01-18
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 B1, entitled "SCHEDULE OF FEES." The maximum compensation of this Agreement is Six Hundred Thousand Dollars ($600,000), 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 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 shall 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 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, 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 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.
Agreement with Safe Moves, Inc.
Rev. 07-01-18
10. INDEPENDENT CONSULT ANT
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 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 INSPECT RECORDS OF CONSUL TANT
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 Agreement with Safe Moves, Inc.
Rev. 07-01-18
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, Consultant 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 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 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, 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 Agreement with Safe Moves, Inc.
Rev. 07-01-18
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: Department of Public Works, Carol Shariat
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected]
And to Consultant addressed as follows:
Pat Hines
Safe Moves
15500 Erwin Street #2457
Van Nuys, CA 91411
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 Safe Moves, Inc.
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.
22. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.
23. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.
24. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.
25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
Agreement with Safe Moves, Inc.
Rev. 07-01-18
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Office of the City Attorney
City of Santa Clara
Dated:
"CITY"
aj
City anager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: ( 408) 241-6771
SAFE MOVES, INC.
a California corporation
11/10/2022
---~-------------- By (Signature): ,
,1') , aty,L ri. ~
- ----- -------- - --- Name: Pat Hines
Title: Founder/Executive Director
Principal Place of 15500 Erwin Street, #2457
Business Address: Van Nuys, CA 91411
Email Address: [email protected]
Telephone: (408) 374-8991
Fax: N/A
Agreement with Safe Moves, Inc.
Rev. 07-01 -18
"CONSUL TANT"
EXHIBIT A
SCOPE OF SERVICES
This Scope of Services defines the services and responsibilities of Consultant to provide professional services continuation of the City's Safe Routes to School program.
In addition to this Exhibit A, the Consultant's proposal in response to SOQ #22-23-10 dated August 12, 2022 and Consultant's Best and Final Offer dated September 2, 2022 provide context, supplemental information, and are incorporated by reference to the extent not inconsistent with the Agreement.
1. GENERAL
1.1. Consultant will provide professional services to implement Phase 3 of the City's Safe Routes to School (SRTS) program which encourages students to walk, bike, or scooter to and from school. Services will include education, encouragement, and evaluation aspects of the SRTS program. During Phase 3, additional schools will be added to the program and maps will be updated.
1.2. For Phase 3, the Consultant will provide services to expand the number of schools from the Santa Clara Unified School District (School District) participating in the City's existing program from twelve to seventeen. Services provided by Consultant will include developing SRTS maps, updating existing SRTS maps, outreach to schools, parents, Parent Teacher Associations (PTAs), neighbors, and students, and before and after surveys.
2. SCHOOLS
2.1. Phase 3 of the SRTS program will include the 12 schools already participating, plus five (5) additional schools as indicated in the table below. Phase 3 will continue through June 30, 2025.
Participating Schools in the SRTS Program
Bowers Elementary Hughes Elementary
Bracher Elementary Montague Elementary
Briarwood Elementary Scott Lane Elementary
Cabrillo Middle School Sutter Elementary
Don Callejon (K-8) Washington Elementary
Haman Elementary Westwood Elementary
Additional Schools to Add to the SRTS Program
Buchser Middle School Milliken Elementary
Central Park Elementary Pomeroy Elementary
Laurelwood Elementary
Agreement with Safe Moves, lnc./Exhibit A-Scope of Services Rev. 07-01-18
2.2. In addition, Consultant shall review and be familiar with the following documents for successful completion of this project:
2.2.1. Pedestrian Master Plan - https://www.santaclaraca.gov/ourcity/departments-g-z/public-works/engineering/trafficengineering/pedestrian-master-plan
2.2.2. Bicycle Master Plan - https://www.santaclaraca.gov/ourcity/departments-g-z/public-works/engineering/trafficengineering/bicycle-master-plan-update-2018.
2.2.3. Safe Routes to School Phase 1 Final Report - City will provide
2.2.4. Safe Routes to School Phase 2 Final Report - City will provide
3. TASKS
3.1. The Consultant's general scope of work includes the implementation of the City's SRTS program; organize, facilitate, promote events and activities relating to the program and facilitate and document before and after surveys.
The program must include the training of teachers/PTA/volunteers to continue the program beyond this third phase of the project.
3.2. TASK 1: PROJECT INITIATION/MANAGEMENT
Task 1.1 Project Kick-off Meeting:
3.2.1. Upon receipt of a written "Authorization to Proceed" from the City, the City will hold a kick-off meeting with the Consultant team to review project scope, data requests, progress reports, deliverables, and timeline. City staff requires three (3) weeks for review and comment on administrative draft deliverables.
3.2.2. Consultant will provide an agenda for the project kick-off meeting with action items for review, and upon approval, distribute the final agenda.
3.2.3. Consultant will produce a short, informative PowerPoint to outline the work plan and strategies to be used to accomplish the project goals and objectives.
3.2.4. Consultant will provide a draft of the post-meeting notes, with action items, no later than seventy-two (72) hours after the meeting. A final draft will be provided within forty-eight (48) hours after receiving feedback from City project Manager.
Task 1.2 Staff Coordination with Consultant:
3.2.5. Biweekly face-to-face or conference call project team meetings with Consultant will be held to ensure good communication on upcoming tasks and to make sure the project remains on time and within budget.
Agreement with Safe Moves, lnc./Exhibit A-Scope of Services Rev. 07-01-18
Task 1.3 Project Invoicing:
3.2.6. Consultant will prepare monthly invoices broken down by tasks with project reports that will be a concise summary status of activities and deliverables.
3.2.7. Monthly project report will document the program highlights, program activities, schedules of upcoming activities, certification forms documenting activities, meeting agendas and summary notes, photos/videos, copies of all collateral materials and copies of print and electronic media.
3.2.8. Monthly progress reports and invoices will be sent by the Consultant to the City Project Manager.
Task 1 Deliverables:
Task Deliverable
1.1 Meeting agenda and minutes
1.2 Biweekly meeting agenda, minutes, and action
items
1.3 Monthly progress reports and invoices
3.3. TASK 2: OUTREACH
Task 2.1 Website, Voicemail. and Email:
3.3.1. Website Production and Monitoring: Consultant will produce and monitor website and social media platform such as Facebook, Twitter, lnstagram, Pinterest, YouTube and Vine. Consultant will:
3.3.1.1. Prepare an outline for relevant and timely social media updates and schedule of suggested social media posts, in coordination with the City Project Manager and Santa Clara Unified School District
3.3.1.2. Create social media platforms with unique names and hashtags for the campaign (for example, @SantaClara
SRTS, #SantaClaraSRTS) and encourage followers to use
the hashtags when sharing campaign messages.
3.3.1.3. Work with the City Project Manager to develop an editorial calendar to be posted on the City and School websites that will outline topics to be covered throughout the project term.
3.3.1.4. Will develop content for a quarterly electronic newsletter to be posted on school and City websites.
3.3.2. The goals of the website and social media are to:
Agreement with Safe Moves, lnc./Exhibit A-Scope of Services Rev. 07-01-18