Agenda packet — City Council and Authorities Concurrent, March 19, 2024 (part 1 of 5)

City of Santa Clara
Joint Meeting Agenda of the
City Council and Authorities Concurrent &
Santa Clara Stadium Authority Board
Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
5:30 PMTuesday, March 19, 2024
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:
ohttps://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 many contact the Office of the City Clerk at (408) 615-2220 or [email protected].

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Joint Council and Authorities Concurrent
Stadium Authority Board
Meeting Agenda March 19, 2024
Joint Dinner - 5:30 PM | Closed Session - 6:30 PM | Regular Meeting - 7:00 PM 5:30 PM JOINT DINNER
Call to Order in the Council Chambers
Confirmation of Quorum

1. Joint Dinner Meeting with City Council and the Cultural Commission
24-1429
6:30 PM CLOSED SESSION
Call to Order in the Council Chambers
Confirmation of Quorum

2. Conference with Labor Negotiators (CC)
Pursuant to Gov. Code § 54957.6
City
representatives: Jovan D. Grogan, Nadine Nader, Aracely Azevedo, Marco Mercado, Charles Sakai, Glen R. Googins
Employee Organization(s):

Units #5, 7 & 8 - City of Santa Clara Employees Association Unit #9 - Miscellaneous Unclassified Management Employees 24-269
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)
7:00 PM JOINT CITY COUNCIL/STADIUM AUTHORITY BOARD MEETING Call to Order in the Council Chambers
Pledge of Allegiance and Statement of Values
Roll Call

REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS

CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS

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Joint Council and Authorities Concurrent
Stadium Authority Board
Meeting Agenda March 19, 2024

SPECIAL ORDER OF BUSINESS

3.A Proclamation of March as Red Cross Month24-1475

3.B Proclamation of March as Youth Art Month24-1477

3.C Proclaim March 2024 as Endometriosis Awareness Month24-294

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 Action on the Minutes of the October 14, 2022 Special Council Meeting; October 15, 2022 Special Council Meeting; October 4, 2023 Special Council Meeting; December 4, 2023 Special
Council Meeting; December 15, 2023 Special Council Meeting; February 27, 2024 Special Council and Stadium Authority Board Meeting; and March 5, 2024 Joint Council and Authorities Concurrent and Stadium Authority Meeting.
24-278
Approve Minutes of the the October 14, 2022 Special
Council Meeting; October 15, 2022 Special Council
Meeting; October 4, 2023 Special Council Meeting;
December 4, 2023 Special Council Meeting;
December 15, 2023 Special Council Meeting
February 27, 2024 Special Council and Stadium
Authority Board Meeting; and March 5, 2024 Joint
Council and Authorities Concurrent and Stadium
Authority Meeting.

Recommendation:

4.B Board, Commissions and Committee Minutes24-05
Note and file the Minutes of:

Audit Committee - November 27, 2023
Cultural Commission - February 5, 2024
Planning Commission - February 21, 2024
Youth Commission - February 13, 2024
Recommendation:

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Joint Council and Authorities Concurrent
Stadium Authority Board
Meeting Agenda March 19, 2024

4.C Action on the Santa Clara Convention Center FY 2023/24 2nd Quarter Financial Status Report
24-60
Note and file the Santa Clara Convention Center
Financial Status Report for the 2nd Quarter ending
December 31, 2023, as submitted by OVG.

Recommendation:

4.D Action on the City of Santa Clara Federally Funded Grants’ Single Audit Report for Fiscal Year 2022-23
24-161
Note and file the City of Santa Clara Single Audit
Report for the year ended June 30, 2023, as
recommended by the City Council Audit Committee.

Recommendation:

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Joint Council and Authorities Concurrent
Stadium Authority Board
Meeting Agenda March 19, 2024

4.E Action on Purchase Orders with Sixty-3 Trucking, Dominguez & Sons Trucking, Inc., and Chris Wortman Excavation to Provide High-Side Dump Truck Hauling Services for the Cleanup
Campaign
24-106

1. Authorize the City Manager to execute Purchase
Orders with Sixty-3 Trucking in the not-to-exceed
amount of $78,660; Dominguez & Sons Trucking,
Inc. in the not-to-exceed amount of $320,625; and
Chris Wortman Excavation in the not-to-exceed
amount of $109,440 to provide high-side dump
truck hauling services for the City’s 2024 Cleanup
Campaign for a total maximum aggregate amount
of $508,725 to be funded by the Solid Waste
Fund, in final forms approved by the City Attorney;

2. Authorize the City Manager to amend the
not-to-exceed amounts of the Purchase Orders
with Sixty-3 Trucking, Dominguez & Sons
Trucking, Inc., and Chris Wortman Excavation
provided that the total maximum aggregate
amount of $508,725 is not exceeded, in final forms
approved by the City Attorney;

3. Authorize the City Manager to (a) exercise up to
two one-year options to extend the term of the
Purchase Orders with Sixty-3 Trucking,
Dominguez & Sons Trucking, Inc., and Chris
Wortman Excavation; (b) adjust the hourly rates by
3 percent or the percentage change to the
Department of Industrial Relations basic hourly
rate set forth in its wage determination, whichever
is greater on January 1 of each year; and (c)
increase the total maximum aggregate amount
approved by the City Council in the City’s
operating budget for the fiscal year, subject to the
appropriation of funds, in final forms approved by
the City Attorney; and

4. Authorize the City Manager to execute Purchase
Orders with Alviso Rock, Inc. in the event Sixty-3
Trucking, Dominguez & Sons Trucking, Inc. or
Chris Wortman Excavation is unable to provide the
services, subject to the total maximum aggregate
amount and the appropriation of funds, in final
forms approved by the City Attorney.

Recommendation:

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Joint Council and Authorities Concurrent
Stadium Authority Board
Meeting Agenda March 19, 2024

4.F Authorize the City Manager to Negotiate and Execute a Facilities
Solutions Agreement and Any Other Agreements or
Required Actions to Rent Uniforms and Associated Facilities Items, Purchase Uniforms and Facilities Items, and Secure Associated Services from Cintas Corporation Using a Master Agreement with Lead Public Agency Prince William County Public Schools to Other Government Agencies Through Omnia Partners
24-36

1. Authorize the City Manager to negotiate and
execute a Facilities Solutions Agreement
(Agreement) with Cintas Corporation and execute
related documents to rent or purchase uniforms and
other items as well as procure services under the
Master Agreement with lead public agency Prince
William County Public Schools through Omnia
Partners and issue related purchase orders up to a
total of $1,500,000 for the period of April 1, 2024,
through October 31, 2027; and

2. Authorize the City Manager or designee to take any
actions as necessary to implement and administer
the Agreement and execute amendments to (a) add
or delete services consistent with the scope of
services; (b) adjust future rates based on changes
to the Omnia Cooperative Purchase Agreement; (c)
extend the term to exercise options to extend the
term to align with the term of the Master Agreement
with lead agency Prince William County Public
Schools; and (d) increase the maximum
compensation up to $2,000,000, subject to the
appropriation of funds and the review and approval
as to form by the City Attorney.

Recommendation:

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Joint Council and Authorities Concurrent
Stadium Authority Board
Meeting Agenda March 19, 2024

4.G Action on an Agreement with Alternative Energy Systems Consulting,
Inc. for a Third Party Commercial Strategic Energy
Management Program for Silicon Valley Power
24-1287

1. Determine the proposed actions are exempt from
CEQA pursuant to Sections 15301 (Class 1
-Existing Facilities), 15302 (Class 2 - Replacement
or Reconstruction), and 15303 (Class 3 - New
Construction or Conversion of Small Structures) of
Title 14 of the California Code of Regulations;

2. Authorize the City Manager to execute the
proposed agreement with Alternative Energy
Systems Consulting, Inc. for a Third Party
Commercial Strategic Energy Management
Program for a four-year term beginning on or
around April 1, 2024, and ending on or around
March 31, 2028, with a maximum compensation
not-to-exceed $613,934, subject to the annual
appropriation of funds funded by the Electric
Operating Grant Trust Fund; and

3. Authorize the City Manager to take any actions as
necessary to implement and administer the
Agreement and to negotiate and execute
amendments to the Agreement to (a) extend the
term as needed to complete program delivery; and
(b) increase the maximum compensation by an
additional $50,000 for a total maximum
compensation not to exceed $663,934, subject to
the appropriation of funds and review and approval
as to form by the City Attorney.

Recommendation:

4.H Action to Approve Expenditures and Ratify an Agreement with Bartley
Pump PM, LLC, dba PumpMan Norcal, for the Well No.
34 Rehabilitation Project for a Not-to-Exceed Amount of $323,834
23-1403

1. Determine the Project to be categorically
exempt from formal environmental review under
CEQA Guidelines section 15301(b) (Class 1 -
Existing Facilities);

2. Approve the Well No. 34 Rehabilitation Project
and ratify the agreement with Bartley Pump PM
LLC, dba PumpMan Norcal, in the amount of
$323,834.

Recommendation:

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Joint Council and Authorities Concurrent
Stadium Authority Board
Meeting Agenda March 19, 2024

4.I Action on Award of Master Agreements with National Plant Services,
Inc., Pipe and Plant Solutions Inc., and Able
Construction Group for As-Needed Sanitary Sewer Cleaning and Closed-Circuit Television Inspection Services for a Maximum Aggregate Amount Not-to-Exceed $5,000,000
23-1407

1. Determine the project to be categorically exempt
from formal environmental review under CEQA
pursuant to CEQA Guidelines Section 15301(b)
(Class 1 - Existing Facilities);

2. Authorize the City Manager to execute master
agreements with National Plant Services, Inc.,
Pipe and Plant Solutions Inc., and Able
Construction Group to provide as needed sanitary
sewer cleaning and CCTV inspection services for
a five-year term starting on July 1, 2024 and
ending on June 30, 2029, with a maximum
aggregate amount not-to-exceed $5,000,000 for
the three agreements, subject to the appropriation
of funds and 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 above
agreements, including the secondary bid process
outlined in the Report, and negotiate and execute
amendments to such agreements to add or delete
services consistent with the scope of services,
subject to the appropriation of funds, the above
maximum aggregate amount, and the review and
approval as to form by the City Attorney.

Recommendation:

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Joint Council and Authorities Concurrent
Stadium Authority Board
Meeting Agenda March 19, 2024

4.J Action on Award of Contract for the Great America Parkway and Mission
College Boulevard Intersection Improvements Project to
O’Grady Paving, Inc. and Related Budget Amendment
24-78

1. Determine that the proposed actions including, but
not limited to, pavement rehabilitation, utility
relocation, sidewalk and pedestrian ramp
improvements, and traffic signal modification, were
previously analyzed as part of the Environmental
Impact Reports (EIR) for the 2009 Yahoo Campus
Project (2009), Levi’s Stadium (2010), and Related
Santa Clara projects (2016) and/or are otherwise
exempt from CEQA pursuant to Section 15301
(Existing Facilities) of Title 14 of California Code of Regulations;

2. Award the Public Works Contract for the Great
America Parkway and Mission College Boulevard
Intersection Improvements Project (CE 18-19-13),
to the lowest responsive and responsible bidder,
O’Grady Paving, Inc, in the amount of $9,199,304
and authorize the City Manager to execute any and
all documents associated with and necessary for
the award, completion, and acceptance of this
Project, in a final form approved by the City
Attorney;

3. Authorize the City Manager to execute change
orders up to approximately 10 percent of the
original contract price, or $919,930, for a total
contract not to exceed amount of $10,119,234; and

4. Approve the following FY 2023/24 budget
amendments:

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Joint Council and Authorities Concurrent
Stadium Authority Board
Meeting Agenda March 19, 2024
the MCB/GAP Intersection Improvement
Project by $7,921,528, and decrease the
unrestricted ending fund balance by
$1,750,000 (five affirmative Council
votes required to appropriate additional
revenue and for the use of unused
balances);
B. In the Sewer Utility Capital Fund, establish a
transfer to the Streets and Highways Capital
Fund and decrease the Sewer Utility Capital
Fund Unrestricted Ending Fund Balance by
$7,487 (five affirmative Council votes
required for the use of unused
balances);
C. In the Water Utility Capital Fund, establish a
transfer to the Streets and Highways Capital
Fund and decrease the Water Utility Capital
Fund Unrestricted Ending Fund Balance by
$23,959 (five affirmative Council votes
required for the use of unused
balances);
D. In the Electric Utility Capital Fund, establish
a transfer to the Streets and Highways
Capital Fund and decrease the
Transmission and Distribution Capital
Maintenance and Betterments project by
$394,983 (majority affirmative Council
votes required);
E. In the Traffic Mitigation Fund, establish a
transfer to the Streets and Highways Capital
Fund and decrease the Traffic Mitigation
Fund Unrestricted Ending Fund Balance by
$1,183,910 (five affirmative Council
votes required for the use of unused
balances); and
F. In the Developer Traffic Payments Fund,
establish a transfer to the Streets and
Highways Capital Fund and decrease the
Developer Traffic Payments Fund Restricted
Ending Fund Balance by $3,301,046 (five
affirmative Council votes required for
the use of unused balances).

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Joint Council and Authorities Concurrent
Stadium Authority Board
Meeting Agenda March 19, 2024

4.K Action on Award of Contract for the Electric Utility Substructure and
Fiber Optic Construction Projects, Contract No. 2004E, to Phoenix Electric Company for Silicon Valley Power and Related Budget Amendment
24-141

2. Award the Public Works Contract to the lowest
responsive and responsible bidder, Phoenix
Electric Company, in the amount of $2,514,139.22
(Contract Price), and authorize the City Manager or
designee to execute any and all contracts, call
orders, and documents associated with, and
necessary for the award, completion, and
acceptance of this Project subject to approval as to
form by the City Attorney;

3. Authorize the City Manager or designee to execute
change orders in an amount not to exceed 25
percent of the Contract Price, or $628,535, for a
total not to exceed amount of $3,142,675; and

4. Approve the following FY 2023/24 budget
amendments:

A. In the Electric Utility Fund, increase the transfer
to the Electric Utility Capital Fund and decrease
the Unrestricted Ending Fund Balance by
$3,142,675 (five affirmative Council votes
required for the use of unused balances);
and
B. In the Electric Utility Capital Fund, increase the
transfer from the Electric Utility Fund and the
Transmission and Distribution Capital
Maintenance and Betterments Project by
$3,142,675 (five affirmative Council votes
required to appropriate additional revenue).

Recommendation:

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Joint Council and Authorities Concurrent
Stadium Authority Board
Meeting Agenda March 19, 2024

4.L Authorize the City Manager to Execute the 3MTM ACCR Terms and Conditions of Sale and to Issue Future Purchase Orders to 3M Company for 3M 715 Aluminum Conductor Composite
Reinforced (ACCR) Conductors and Accessories
24-33

1. Authorize the City Manager to execute the 3MTM
ACCR Terms and Conditions of Sale and issue
associated Purchase Orders to 3M Company with
an aggregate total amount of $2,500,000 through
December 31, 2030, for 715 Aluminum Conductor
Composite Reinforced conductors and related
accessories, subject to the appropriation of funds;
and

2. Authorize the City Manager to (a) take any actions
as necessary to implement and administer the
3MTM ACCR Terms and Conditions of Sale and
purchase orders, and (b) negotiate and execute
amendments to the 3MTM ACCR Terms and
Conditions of Sale and purchase orders, subject to
the review and approval as to form by the City
Attorney.

Recommendation:

4.M Authorize City Manager to Negotiate and Execute Amendment No.
4 to the Agreement with N. Harris Computer Corporation for the NorthStar CIS Utility Billing System for Silicon Valley Power 24-168

1. Authorize the City Manager or designee to (1)
negotiate and execute Amendment No. 4 to the
Agreement with N. Harris Computer Corporation for
the NorthStar Customer Information System
(NorthStar CIS) Utility Billing System to modify the
scope of services and increase the maximum
compensation by $70,857 from $466,199 to
$537,056, subject to the review and approval as to
form by the City Attorney; and

2. Authorize the City Manager or designee to take any
actions necessary to implement and administer the
Agreement as amended.

Recommendation:

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Joint Council and Authorities Concurrent
Stadium Authority Board
Meeting Agenda March 19, 2024

4.N Action on Authorizing the Use of City Electric Forces for a Project Located at 1000 Walsh Avenue
24-143

1. Determine the proposed action is exempt from
CEQA pursuant to Section 15303 (Class 3 - New
Construction or Conversion of Small Structures) of
Title 14 of the California Code of Regulations; and

2. Declare and determine in accordance with Section
1310 of the City Charter that the public work
located at 1000 Walsh Avenue are better
performed by the City with its own employees
based on the information set forth in this Report to
Council and authorize the performance of this
public work consistent with this authorization.

Recommendation:

4.O Action Authorizing the Decommissioning of the Santa Clara Cogen Facility
24-52
Authorize the City Manager or designee to take any
necessary administrative actions to decommission
the Santa Clara Cogen facility, including, the
execution of any documents as may be required by
the California Independent System Operator (CAISO),
the California Energy Commission (CEC), the Bay
Area Air Quality Management District (BAAQMD),
and other agencies approved as to form by the City
Attorney.

Recommendation:

4.P Accept the 2023 General Plan Annual Progress Report24-193 Accept the General Plan Annual Progress Report as
presented by staff.

Recommendation:

SANTA CLARA STADIUM AUTHORITY CONSENT CALENDAR

5.A Action on Stadium Authority Bills and Claims for the Month of December 2023
24-186
Approve the list of Stadium Authority Bills and Claims
for December 2023.

Recommendation: Page 13 of 19 City of Santa Clara Printed on 3/15/2024 Joint Council and Authorities Concurrent
Stadium Authority Board
Meeting Agenda March 19, 2024

5.B Action on the Santa Clara Stadium Authority Financial Status Report
for Quarter Ending December 31, 2023 and Approve
Related Budget Amendments
24-256

1. Note and file the Santa Clara Stadium Authority
Financial Status Report for the Quarter Ending
December 31, 2023.

2. Approve a budget amendment in the Operating
Budget to increase the Senior & Youth Fee
Expense in the amount of $16,000, offset by an
increase in the Senior & Youth Program Fees
Revenue;

3. Approve a budget amendment in the Operating
Budget to increase the Use of StadCo Tenant
Improvements Expense in the amount of
$11,935, offset by a decrease in the
Renovation/Demolition Reserve fund balance;
and

4. Approve a budget amendment in the Debt
Service Budget to increase the CFD Advance
Expense in the amount of $521,000, offset by
an increase to the Contribution from CFD
Revenue.

Recommendation:

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Joint Council and Authorities Concurrent
Stadium Authority Board
Meeting Agenda March 19, 2024

5.C Action on Stadium Manager’s Request to Approve a Second Amendment to the Agreement with ABM Industry Group, LLC for Janitorial Services at Levi’s Stadium to Extend the Term, Increase Compensation Rates, and Ratify the Previous
Administrative Exercise of Contract Option
24-236

1. Ratify the December 10, 2021, exercise of the
option by Stadium Manager increasing hourly
rates to those reflected in the Proposed
Second Amendment to Agreement with ABM
Industry Group LLC; and

2. Approve the Stadium Manager’s request to
execute a Second Amendment to the
Agreement with ABM Industry Group, LLC to
formally increase the rate of compensation and
extend the term of the agreement, beginning on
April 1, 2024, on a month-to-month basis for up
to six months until the Stadium Manager enters
into a new agreement for janitorial services,
subject to the Stadium Authority Board’s
approval.

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

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Joint Council and Authorities Concurrent
Stadium Authority Board
Meeting Agenda March 19, 2024

6. Public Hearing: Consideration and Action on the 2024-2025 DRAFT
Annual Action Plan for the Use of Federal Housing and
Urban Development Grant Funds
24-188

1. Approve the 2024-2025 DRAFT AAP and
direct staff to include public comments in the
final version to be presented to the City Council
on May 7, 2024.

2. Delegate authority to the City Manager or
designee to execute all agreements and
amendments that exceed the City’s $250,000
threshold for federal and local funding that is
allocated through the City Council’s adoption of
the 2024-2025 Annual Action Plan in final
forms approved by the City Attorney.

Recommendation:

7. Public Hearing: Action on an Environmental Impact Report and Mitigation
Monitoring and Reporting Program, Rezone, and
Vesting Tentative Subdivision Map for the Property Located at 1957 Pruneridge Avenue to Allow the Development of 22
Detached Single-Family Residences and Associated On- and Off-Site Improvements
24-238

1. Adopt a resolution to certify the Environmental
Impact Report and adopt the CEQA Findings,
Statement of Overriding Considerations, and
Mitigation Monitoring and Reporting Program for
the 1957 Pruneridge Avenue Residential Project.

2. Adopt a resolution to approve a rezoning of the
project site from Public, Quasi-Public, and Public
Park or Recreation (B) to Planned Development
(PD) to allow construction of residential
development consisting of 22 detached two-story
residences with attached and detached garages,
landscaping, and on- and off-site improvements,
subject to conditions of approval.

3. Adopt a resolution approving a Vesting Tentative
Subdivision Map to subdivide the land into 22
individual lots and four common lots as a utility
corridor, vehicle access, landscape open space
and bioretention areas to serve the development,
subject to conditions of approval.

Recommendation:

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Joint Council and Authorities Concurrent
Stadium Authority Board
Meeting Agenda March 19, 2024

8. Action to Approve Introduction of an Ordinance Readopting the Expired
Sidewalk Vendor Stadium Pilot Program with a New
Sunset Date and Slightly Expanded Footprint
24-1588
Waive first reading and approve introduction of an
Ordinance amending Chapter 5.05 (“Solicitors and
Peddlers”) of the Santa Clara City Code to readopt
the Street Vending Stadium Pilot Program, to run
through February 28, 2025, and modifying Section

5.05.430 (“Time, place or manner restrictions”) to
include Old Glory Lane west of Great America
Parkway
Recommendation:

9. Informational Report Regarding Route Analysis for 115kV Transmission
Line from Northern Receiving Station to Kifer
Receiving Station
24-1614

10. Action to Authorize the City Manager to Negotiate and Execute a License
Agreement with Bay FC for the Use of the Youth Soccer
Park (YSP) as a Practice Facility for the 2024 National Women’s Soccer League Season
24-281
Authorize the City Manager to negotiate and execute
a license agreement with Bay FC for use of the Youth
Soccer Park as a practice facility for a period of
eighty (80) days between March 29, 2024 and
November 27, 2024 with terms and conditions
outlined in this report, at a base rental cost of no more than $224,736 and no less than $178,640 with a
corresponding offset for mutually-agreed upon
community benefits, and with the option to allow Bay
FC to use the YSP for up to an additional eight (8)
days at a rental rate consistent with Council’s
direction, subject to City standard insurance and
indemnity requirements, and in a final form approved
by the City Attorney.

Recommendation:

REPORTS OF MEMBERS, SPECIAL COMMITTEES AND COUNCILMEMBER 030 REQUESTS

CITY MANAGER/EXECUTIVE DIRECTOR REPORT

ADJOURNMENT

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The next regular scheduled meeting is on Tuesday, April 9, 2024 in the City Hall Council Chambers.

Joint Council and Authorities Concurrent
Stadium Authority Board
Meeting Agenda March 19, 2024
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.

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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.

Page 18 of 18 ends

MEETING DISCLOSURES
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-1429 Agenda Date: 3/19/2024

REPORT TO COUNCIL

SUBJECT
Joint Dinner Meeting with City Council and the Cultural Commission

BACKGROUND
On July 19, 2016, the City Council approved publicly noticed joint dinner meetings in an effort to increase communication between 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 Cultural Commission since 2020.

DISCUSSION
As a continued commitment to enhance communication between the City Council and boards, committees, and commissions, the City Council will meet with City boards, committees, and commissions to share updates. The Cultural Commission will provide the City Council with an update on current activities and potential future projects.

The Cultural Commission acts in an advisory capacity to the City Council in matters pertaining to the enhancement of multi-cultural experiences and the beautification of the City through art. Additionally, the Commission makes recommendations to the City Council on programs/activities to encourage educational, cultural, sports, technical and governmental exchanges to help acquaint residents of Santa Clara with cultural diversity here and abroad.

At the March 19, 2024 City Council meeting, the Cultural Commission will provide the City Council with an update on current activities, accomplishments, and potential future projects.

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] or at the public information desk at any City of Santa Clara Printed on 3/15/2024Page 1 of 2
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24-1429 Agenda Date: 3/19/2024
City of Santa Clara public library.

Reviewed by: Fiona Kirby, Management Analyst, City Manager’s Office Approved by: Jōvan D. Grogan, City Manager
City of Santa Clara Printed on 3/15/2024Page 2 of 2
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-269 Agenda Date: 3/19/2024

SUBJECT
Conference with Labor Negotiators (CC)
Pursuant to Gov. Code § 54957.6
City representatives: Jovan D. Grogan, Nadine Nader, Aracely Azevedo, Marco Mercado, Charles Sakai, Glen R. Googins
Employee Organization(s):

Units #5, 7 & 8 - City of Santa Clara Employees Association Unit #9 - Miscellaneous Unclassified Management Employees City of Santa Clara Printed on 3/15/2024Page 1 of 1
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-1475 Agenda Date: 3/19/2024

REPORT TO COUNCIL

SUBJECT
Proclamation of March as Red Cross Month

BACKGROUND
The American Red Cross was founded by American nurse Clara Barton in 1881. Inspired by the Swiss Red Cross network, Clara Barton campaigned for the American Red Cross as an organization to conduct domestic and overseas disaster relief efforts.

President Franklin D. Roosevelt issued the first Red Cross Month proclamation in 1943 to honor the organization’s work and raise awareness on its mission. Since then, every United States president has proclaimed March as Red Cross Month.

Red Cross Month is an opportunity for cities to recognize Red Cross volunteers. Red Cross volunteers make a difference in local neighborhoods and across the nation by preparing, responding, and recovering from disasters and emergencies, by donating blood and through financial contributions.

The mission of the Red Cross is to prevent and alleviate human suffering in the face of emergencies by mobilizing the power of volunteers and the generosity of donors. The Red Cross relies on their workforce, 90% of which are volunteers, to help millions of people, especially during local home fires, wildfires, as well as national hurricanes, and the COVID-19 pandemic.

DISCUSSION
At the March 19, 2024 City Council meeting, the City Council will proclaim March 2024 as Red Cross Month. Representatives from the Silicon Valley Chapter of the American Red Cross will accept the proclamation.

ENVIRONMENTAL REVIEW
This is an informative 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 City of Santa Clara Printed on 3/15/2024Page 1 of 2
powered by Legistar™
24-1475 Agenda Date: 3/19/2024
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, City Manager’s Office Approved by: Jovan D. Grogan, City Manager

ATTACHMENTS

1. Draft Proclamation of March as Red Cross Month
City of Santa Clara Printed on 3/15/2024Page 2 of 2
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Draft Proclamation
City of SantaClara

WHEREAS, more than 140 years ago, the American Red Cross was founded by Clara Barton as a humanitarian organization to prevent and alleviate human suffering; and

WHEREAS, President Franklin D. Roosevelt issued the first Red Cross Month proclamation in 1943 to raise awareness of the organization and its humanitarian mission, and since then every president has issued a Red Cross Month proclamation; and

WHEREAS, the American Red Cross is guided by seven fundamental principles including humanity, impartiality, and independence; to provide services to those in need regardless of race, religion, gender, sexual orientation, or citizenship status; and

WHEREAS, American Red Cross volunteers provide emergency shelter, food and comfort for families displaced by home fires and other disasters, and donate lifesaving blood for cancer patients, accident victims, and people with sickle cell disease and other life - threatening conditions; and

WHEREAS, Red Cross Month is a special time to honor the kindness of our neighbors who aid families in need every day in Santa Clara, across the United States, and around the world, as their dedication touches millions of lives each year; and

WHEREAS, nearly 200 years since the birth of American Red Cross founder Clara Barton, the month of March is dedicated to all those who continue to advance her noble legacy and commitment to care for people in need.

NOW, THEREFORE, I, LISA M. GILLMOR, by virtue of the authority vested in me as Mayor, and on behalf of the entire City Council, do hereby proclaim the month of March 2024 as Red Cross Month

in the City of Santa Clara and do hereby encourage all Santa Clarans to support this organization and its noble humanitarian mission.

Given under my hand and the Seal of the City of Santa Clara, California, this 19 th day of March 2024.

LISA M. GILLMOR
MAYOR
City of Santa Clara

Proclamation
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-1477 Agenda Date: 3/19/2024

REPORT TO COUNCIL

SUBJECT
Proclamation of March as Youth Art Month

BACKGROUND
In 1961, the Art & Creative Materials Institute, Inc. developed Children’s Art Month to recognize the importance of art education for development and critical thinking, expand art programs in schools, and increase community support and understanding for art education. In 1969, the celebration expanded to include secondary school students, becoming Youth Art Month.

Since then, Youth Art Month continues to be an annual celebration supported through the Council for Art Education to emphasize the value of art education for all children and to encourage support for school art programs. Youth Art Month provides a forum for acknowledging skills that are fostered through experience in the visual arts and encourages commitment to the arts.

DISCUSSION
At the March 19, 2024 City Council meeting, the City Council will proclaim March 2024 as representatives from the Santa Clara County Office of Education will accept the proclamation for Youth Art Month.

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.

Reviewed by: Fiona Kirby, Management Analyst, City Manager’s Office Approved by: Jovan D. Grogan, City Manager

ATTACHMENTS

1. Draft Proclamation of March as Youth Art Month
City of Santa Clara Printed on 3/15/2024Page 1 of 2
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24-1477 Agenda Date: 3/19/2024
City of Santa Clara Printed on 3/15/2024Page 2 of 2
powered by Legistar™
Draft Proclamation
City of SantaClara

WHEREAS, the month of March is nationally recognized as Arts Education Month, which celebrates the benefits of arts education for students and recognizes the contributions of arts educators to the community; and

WHEREAS, Children’s Art Month began in 1961 to emphasize the impor tance of art education, and in 1969 the celebration expanded to become Youth Art Month, which encourages the support of quality school art programs and promotes youth-made art; and

WHEREAS, arts-learning strategies and arts integration help teachers to recognize and build upon critical thinking skills, curiosity, flexibility, communication, innovation, and collaboration, all of which are key traits for success in education and in the workplace; and

WHEREAS, the Santa Clara County Office of Education has put forward a focused arts education initiative known as Artspiration to foster creativity, imagination, innovation, and joy through direct arts instruction and integrated Science, Technology, Engineering, the Arts, and Mathematics (STEAM) learning; and

WHEREAS, the Santa Clara County Office of Education and the City of Santa Clara are committed to supporting the arts to inspire and prepare students for success.

NOW, THEREFORE, I, LISA M. GILLMOR, by virtue of the authority vested in me as Mayor, and on behalf of the entire City Council, do hereby proclaim the month of March 2024 as

Youth Arts Month

in the City of Santa Clara and encourage arts in our classrooms and celebrate students’ creativity, inspiration, and joy through artistic expression.

Given under my hand and the Seal of the City of Santa Clara, California, this 19 th day of March 2024.

LISA M. GILLMOR
MAYOR
City of Santa Clara

Proclamation
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-294 Agenda Date: 3/19/2024

REPORT TO COUNCIL

SUBJECT
Proclaim March 2024 as Endometriosis Awareness Month

BACKGROUND
In 1993, eight women started Endometriosis Awareness week. Since then, it has expanded to a full month as Endometriosis Awareness Month.

Endometriosis is a condition that occurs when tissue similar to the lining of the uterus grows in other places in the body. It is a common gynecological disease, with primary symptoms including pain and infertility. It is estimated to affect more than 11 percent of women between the ages of 15 and 44. It is especially common among women in their 30s and 40s and may make it harder to get pregnant.

There is no cure for endometriosis, but treatments are available for its symptoms. The City of Santa Clara joins other local efforts to bring awareness to this important month, helping those individuals who experience the condition get the diagnosis and healthcare they need.

DISCUSSION
During the March 19, 2024 City Council meeting, the City Council will proclaim March 2024 as Endometriosis Awareness Month in the City of Santa Clara. Local representatives from Democratic Activists for Women Now (DAWN) will be present to accept the proclamation.

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.

Reviewed by: Fiona Kirby, Management Analyst, City Manager’s Office Approved by: Jovan D. Grogan, City Manager

ATTACHMENTS
City of Santa Clara Printed on 3/15/2024Page 1 of 2
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24-294 Agenda Date: 3/19/2024

1. Draft Proclamation for March 2024 as Endometriosis Awareness Month City of Santa Clara Printed on 3/15/2024Page 2 of 2
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Draft Proclamation
City of SantaClara

WHEREAS, Endometriosis is a disease in which tissue similar to the lining of the uterus grows outside the uterus; it can cause severe pan and make it harder to get pregnant, and can create complications such as hemorrhage and uterine rupture; and

WHEREAS, Endometriosis is a condition that affects an estimate d 11 pe rcent of women in the United States between the ages of 15 and 44; a complex disease, it affects many women globally from the onset of their first period through menopause; and

WHEREAS, a common gynecological disease, the causes for the development of endometriosis are not currently understood and there is no cure for endometriosis, but treatments are available for its symptoms; and

WHEREAS, starting in 1993, Endometriosis Awareness Week, which expanded to Endometriosis Awareness Month, serves as a time to raise awareness about the condition and treatment; and

WHEREAS, addressing endometriosis will empower those affected by supporting their right to the highest standard of sexual and reproductive health, quality of life, and overall well- being.

NOW, THEREFORE, I, LISA M. GILLMOR, by virtue of the authority vested in me as Mayor, and on behalf of the entire City Council, do hereby proclaim the month of March 2024 as

Endometriosis Awareness Month

in the City of Santa Clara and encourage people to work with their doctor to get the healthcare they need.

Given under my hand and the Seal of the City of Santa Clara, California, this 19 th day of March 2024.

LISA M. GILLMOR
MAYOR
City of Santa Clara

Proclamation
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-278 Agenda Date: 3/19/2024

REPORT TO COUNCIL

SUBJECT
Action on the Minutes of the October 14, 2022 Special Council Meeting; October 15, 2022 Special Council Meeting; October 4, 2023 Special Council Meeting; December 4, 2023 Special Council Meeting; December 15, 2023 Special Council Meeting; February 27, 2024 Special Council and Stadium Authority Board Meeting; and March 5, 2024 Joint Council and Authorities Concurrent and Stadium Authority Meeting.

RECOMMENDATION
Promote Community Engagement and Transparency

RECOMMENDATION
Approve Minutes of the the October 14, 2022 Special Council Meeting; October 15, 2022 Special Council Meeting; October 4, 2023 Special Council Meeting; December 4, 2023 Special Council Meeting; December 15, 2023 Special Council Meeting February 27, 2024 Special Council and Stadium Authority Board Meeting; and March 5, 2024 Joint Council and Authorities Concurrent and Stadium Authority Meeting.

City of Santa Clara Printed on 3/15/2024Page 1 of 1
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City of Santa Clara
Meeting Minutes
Call and Notice Special Meetings of the
City Council &
Santa Clara Stadium Authority Board
Draft
4:00 PM Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
10/04/2023
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:

NOTE: Please note eComments and Emails received as public comment will not be read aloud during the meeting.

Page 1 ends

10/04/2023Council and Authorities Concurrent
Meeting
Meeting Minutes
NOTICE IS HEREBY GIVEN that, pursuant to the provisions of California Government Code §54956 (“The Brown Act”) and Section 708 of the Santa Clara City Charter, the Mayor/Chair calls for a Special Meeting of the City Council of the City of Santa Clara, the Governing Board of the Stadium Authority, to commence and convene on October 4, 2023, at 4:00 pm for a Special Meeting to be held virtually in the City Hall Council Chambers located in the East Wing of City Hall at 1500 Warburton Avenue, Santa Clara, California, to consider the following matter(s) and to potentially take action with respect to them.
4:00 PM CLOSED SESSION
Call to Order in the Council Chambers
Mayor Gillmor called the Special Meeting to order at 4:00 PM Roll Call
Assistant City Clerk Pimentel recited the AB23 announcement and Statement of Behavioral Standards.

Councilmember Kathy Watanabe, Councilmember Raj Chahal, Councilmember Karen Hardy, Councilmember Kevin Park,
Councilmember Suds Jain, Vice Mayor Anthony Becker, and Mayor Lisa M. Gillmor

Present: 7 -
Public Comment
Debbie Tryforos
ADJOURN TO CLOSED SESSION FOR THE FOLLOWING:

Council adjourned into Closed Session at 4:04 PM.

1. 23-1232 Conference with Legal Counsel-Existing Litigation (CC, SA) Pursuant to Gov. Code § 54956.9(d)(1)
Forty Niners SC Stadium Company LLC v. Santa Clara Stadium Authority, JAMS Consolidated Case No. 1110024318

ADJOURNMENT
Council adjourned from Closed Session at approximately 6:10 PM.

The next regular scheduled meeting is on Tuesday, October 10, 2023 in the City Hall Council Chambers.

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10/04/2023Council and Authorities Concurrent
Meeting
Meeting Minutes

MEETING DISCLOSURES
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.

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.

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City of Santa Clara
Meeting Minutes
Special City Council Meeting
Draft
9:00 AM Special Meeting
AC Hotel
Alta California Conference Room
2970 Lakeside Drive
Santa Clara, CA 95054
10/14/2022
NOTICE IS HEREBY GIVEN that, pursuant to the provisions of California Government Code §54956 (“The Brown Act”) and Section 708 of the Santa Clara City Charter, the Mayor calls for a Special Meeting of the Santa Clara City Council to commence and convene on October 14, 2022, at 9:00 AM for a Special Meeting, to consider the following matter(s) and to potentially take action with respect to them. 9:00 AM CLOSED SESSION
Call to Order
Mayor Gillmor called the Special Meeting to order at 9:00 AM.

Roll Call
Councilmember Kathy Watanabe, Councilmember Raj Chahal, Councilmember Karen Hardy, Councilmember Kevin Park, Vice Mayor Suds Jain, Councilmember Anthony Becker, and Mayor Lisa M. Gillmor

Present: 7 -
Public Comment
None.

ADJOURN TO CLOSED SESSION FOR THE FOLLOWING:

1. 22-1180 Public Employment Appointment (Government Code §§ 54957, subd. (b) (1) and 54954.5, subd. (e))
Title: City Manager
Council convened to Closed Session.

ADJOURNMENT
Mayor Gillmor adjourned the meeting at 1:00 PM.

Page 1 ends

10/14/2022
Special Council Meeting
Meeting Minutes

Page 2 ends

In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

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.

City of Santa Clara
Meeting Minutes
Special City Council Meeting
Draft
1:00 PM Special Meeting
AC Hotel
Alta California Conference Room
2970 Lakeside Drive
Santa Clara, CA 95054
10/15/2022
NOTICE IS HEREBY GIVEN that, pursuant to the provisions of California Government Code §54956 (“The Brown Act”) and Section 708 of the Santa Clara City Charter, the Mayor calls for a Special Meeting of the Santa Clara City Council to commence and convene on October 15, 2022, at 1:00 PM for a Special Meeting, to consider the following matter(s) and to potentially take action with respect to them. 1:00 PM CLOSED SESSION
Call to Order
Mayor Gillmor called the Special Meeting to order at 1:00 PM.

Roll Call
Councilmember Kathy Watanabe, Councilmember Raj Chahal, Councilmember Karen Hardy, Councilmember Kevin Park, Vice Mayor Suds Jain, Councilmember Anthony Becker, and Mayor Lisa M. Gillmor

Present: 7 -
Public Comment
None.

ADJOURN TO CLOSED SESSION FOR THE FOLLOWING:

1. 22-1181 Public Employment Appointment (Government Code §§ 54957, subd. (b) (1) and 54954.5, subd. (e))
Title: City Manager
Council adjourned into closed session.

ADJOURNMENT
Mayor Gillmor adjourned the meeting at 6:00 PM.

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10/15/2022Special Council Meeting Meeting Minutes

Page 2 ends

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.

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.

City of Santa Clara
Meeting Minutes
Special City Council Meeting
Draft
5:45 PM Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
12/04/2023
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.

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12/04/2023
Special Council Meeting
Meeting Minutes
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 Santa 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].
5:45 PM CLOSED SESSION
Call to Order in the Council Chambers
Mayor Gillmor called the meeting to order at 5:45 p.m.

Roll Call
Assistant City Clerk Pimentel recited the AB23 announcement and Statement of Behavioral Standards.

Councilmember Kathy Watanabe, Councilmember Raj Chahal, Councilmember Karen Hardy, Councilmember Kevin Park,
Councilmember Suds Jain, Vice Mayor Anthony Becker, and Mayor Lisa M. Gillmor

Present: 7 -
Public Comment
There were none.

ADJOURN TO CLOSED SESSION FOR THE FOLLOWING:

1. 23-1471
Public Employee Performance Evaluation pursuant to Government Code Section 54957(b)(1)
Title: City Manager
City Atorney Googins

ADJOURNMENT
Mayor Gillmor adjourned the meeting into Closed Session at 5:49 p.m.

Page 2 ends

12/04/2023
Special Council Meeting
Meeting Minutes
The next regular scheduled meeting is on Tuesday, December 5, 2023 in the City Hall Council Chambers.

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.

Page 3 ends

City of Santa Clara
Meeting Minutes
Special Council Meeting
Draft
5:00 PM City Hall Council Chambers
1500 Warburton Avenue
Santa Clara, CA 95050
12/15/2023
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:

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 Santa 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].

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12/15/2023
Special Council Meeting
Meeting Minutes
NOTICE IS HEREBY GIVEN that, pursuant to the provisions of California Government Code §54956 (“The Brown Act”) and Section 708 of the Santa Clara City Charter, the Mayor calls for a Special Meeting of the City Council of the City of Santa Clara, to commence and convene on December 15, 2023 at 5:00 PM for a Special Meeting to be held virtually and in the City Hall Council Chambers located in the East Wing of City Hall at 1500 Warburton Avenue, Santa Clara, California, to consider the following matter(s) and to potentially take action with respect to them.
5:00 PM CLOSED SESSION
Call to Order in the Council Chambers
Mayor Gillmor called the Special meeting to order at 5:00 p.m.

Roll Call
Assistant City Clerk Pimentel recited the AB23 announcement and Statement of Behavioral Standards.

Councilmember Kathy Watanabe, Councilmember Raj Chahal, Councilmember Karen Hardy, Councilmember Suds Jain, Vice Mayor Anthony Becker, and Mayor Lisa M. Gillmor

Present: 6 -
Councilmember Kevin ParkAbsent: 1 -
Public Comment
There were none.

ADJOURN TO CLOSED SESSION FOR THE FOLLOWING:

1. 23-1559 Conference with Legal Counsel-Anticipated Litigation (CC) Pursuant to Gov. Code § 54956.9(e)(5) - Exposure to litigation Number of potential cases: 1
Facts and Circumstances:

Letter dated December 13, 2023 from the Sutton Law Firm Re: Proposed Charter Amendment to Make the Chief of Police Position Appointed by the City Manager - Demand That the City Stipulate to a Judgment Amending the Ballot Question
(Letter Attached)
Convene to Closed Session (CMO Staff Conference Room)
Mayor Gillmor adjourned the meeting to Closed Session at 5:02 p.m.

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12/15/2023
Special Council Meeting
Meeting Minutes

ADJOURNMENT
The next regular scheduled meeting is on Tuesday, December 19, 2023 in the City Hall Council Chambers.

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12/15/2023
Special Council Meeting
Meeting Minutes
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.

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.

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MEETING DISCLOSURES
City of Santa Clara
Minutes
Call and Notice of Special Meetings of the
City Council and Stadium Authority Board
Draft
5:00 PM Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
02/27/2024
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:

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 Santa 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].

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02/27/2024Call and Notice of Special Meetings of
the City Council and Stadium Authority
Meeting Minutes
NOTICE IS HEREBY GIVEN that, pursuant to the provisions of California Government Code §54956 (“The Brown Act”) and Section 708 of the Santa Clara City Charter, the Mayor/Chair calls for a Special Meeting of the City Council of the City of Santa Clara, the Governing Board of the Stadium Authority, to commence and convene on February 27, 2024 at 5:00 pm for a Special Meeting to be held virtually and in the City Hall Council Chambers located in the East Wing of City Hall at 1500 Warburton Avenue, Santa Clara, California, to consider the following matter(s) and to potentially take action with respect to them.

Closed Session - 5:00 PM | Study Session - 7:00 PM
5:00 PM CLOSED SESSION
Call to Order in the Council Chambers
Mayor/Chair Gillmor called the meeting to order at 5:02 p.m Confirmation of a Quorum
Assistant City Clerk/Secretary Pimentel confirmed the quorum of the Council/Board.

1.A 24-176 Public Employee Performance Evaluation pursuant to Government Code Section 54957(b)(1)
Title: City Attorney
Under Discussion: Process for Evaluation

1.B 24-232
Conference with Legal Counsel-Existing Litigation
Pursuant to Gov. Code § 54956.9(d)(1)
Forty Niners SC Stadium Company LLC v. Santa Clara Stadium Authority, JAMS Consolidated Case No. 1110024318
Public Comment
There were none.

Convene to Closed Session (Council Conference Room)
Mayor/Chair Gillmor adjourned the meeting into Closed Session 5:03 p.m. 7:00 PM SPECIAL STADIUM AUTHORITY BOARD MEETING

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02/27/2024Call and Notice of Special Meetings of
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Meeting Minutes
Call to Order in the Council Chambers
Mayor/Chair Gillmor called the Special Meeting to order at 7:03 p.m.

Roll Call
Assistant City Clerk/Secretary Pimentel recited the AB23 announcement and Statement of Behavioral Standards.

Assistant City Clerk/Secretary Pimentel also noted that any registered Lobbyist speaking during Public Meeting will need to identify themselves and who they represent.

Councilmember Kathy Watanabe, Councilmember Raj Chahal, Councilmember Karen Hardy, Councilmember Kevin Park,
Councilmember Suds Jain, Vice Mayor Anthony Becker, and Mayor Lisa M. Gillmor

Present: 7 -

REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS
City Attorney/Legal Counsel Googins stated there was no reportable action taken in Closed Session for Items 1.A and 1.B.

STUDY SESSION

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02/27/2024Call and Notice of Special Meetings of
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Meeting Minutes

2. 24-1340 Discussion of the Proposed Santa Clara Stadium Authority Fiscal Year 2024/25 Operating, Debt Service and Capital Budget and Stadium Authority Budget, Compliance and Management Policies
Recommendation:

Review and provide input on the Proposed Santa Clara Stadium Authority

ADJOURNMENT
Fiscal Year 2024/25 Operating, Debt Service, and Capital Budget, 2024 Levi’s Stadium Events Marketing Plan, and Proposed Stadium Authority Budget, Compliance and Management Policies.

Executive Director Grogan provided an introduction of this item.

Treasurer Lee gave a PowerPoint presentation on the proposed Santa Clara Stadium Authority Fiscal Year 2024/25 Operating, Debt Service and Capital Budget and Stadium Authority Budget, Compliance and Management Policies.

Assistant City Manager Baker gave a PowerPoint presentation on the 2024 Levi’s Stadium Events Marketing Plan.

Board questions followed.

Mayor Gillmor called for a meeting recess at 8:02 p.m. and reconvened the meeting at 8:16 p.m.

Treasurer Lee, Stadium Management Company Manager Alex Action (who announced being a registered lobbyist), Assistant City Manager Baker, and Executive Director Grogan responded to Board questions.

There was no Public Comment received.

A motion was made by Vice Mayor/Chair Becker, seconded by Council/Boardmember Chahal, to adjourn the Special Meeting at 9:01 p.m.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
7 -
The next regular scheduled meeting is on Tuesday, March 5, 2024 in the City Hall Council Chambers.

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02/27/2024Call and Notice of Special Meetings of
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Meeting Minutes
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.

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.

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MEETING DISCLOSURES
City of Santa Clara
Meeting Minutes
Joint Council and Authorities Concurrent &
Santa Clara Stadium Authority Board
Draft
6:00 PM Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
03/05/2024
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:

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 Santa 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].

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Meeting Minutes
Closed Session - 6:00 PM | Regular Meeting - 7:00 PM
6:00 PM CLOSED SESSION
Call to Order in the Council Chambers
Mayor Gillmor called the meeting to order at 6:02 p.m.

Confirmation of a Quorum
Assistant City Clerk/Secretary Pimente l confirmed the quorum of the Council/Board.

1.A 24-165 Conference with Labor Negotiators (CC)
Pursuant to Gov. Code § 54957.6
City representatives: Jovan D. Grogan, Nadine Nader, Aracely Azevedo, Marco Mercado, Charles Sakai, Glen R. Googins
Employee Organization(s):

Units #5, 7 & 8 - City of Santa Clara Employees Association Unit #9 - Miscellaneous Unclassified Management Employees CAO announced the one item on the agenda.

Public Comment
Public Comment:

Annette Duerksen (10 minutes - time given by Elvia Sanchez, Nicole Sodilek, Gina Saporito, and Katie Carter)
Gary Ferraris
Jimmy Vidunas
Convene to Closed Session (Council Conference Room)
Mayor Gillmor adjourned the meeting into Closed Session at 6:13 p.m. 7:00 PM JOINT CITY COUNCIL/STADIUM AUTHORITY BOARD MEETING Call to Order in the Council Chambers
Mayor/Chair Gillmor called the meeting to order at 7:06 p.m.

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Pledge of Allegiance and Statement of Values
Council/Board recited the Pledge of Allegiance.

Council/Boardmember Park recited the Statement of Values.

Assistant City Clerk/Secretary Pimentel recited the AB23 announcement and Statement of Behavioral Standards.

Assistant City Clerk/Secretary Pimentel also noted that any registered Lobbyist speaking during Public Meeting will need to identify themselves and who they represent.

Roll Call
Council/Boardmember Kathy Watanabe, Council/Boardmember Raj Chahal, Council/Boardmember Karen Hardy, Council/
Boardmember Kevin Park, Council/Boardmember Suds Jain, Vice Mayor/Chair Anthony Becker, and Mayor/Chair Lisa M. Gillmor

Present: 7 -

REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS
City Attorney/Legal Counsel Googins stated there was no reportable action taken in Closed Session.

CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
There were none.

SPECIAL ORDER OF BUSINESS

2.A 24-1476 Proclaim March 2024 as Women’s History Month Mayor Gillmor proclaimed March 2024 as Women’s History Month on behalf of the Council. Bay Area Women’s Sports Initiative Director Vanetta Thomas accepted the proclamation.

2.B 24-98 Proclaim March 4 through March 8, 2024 as Divorce with Respect Week Mayor Gillmor proclaimed March 4 through March 8, 2024 as Divorce with Respect Week on behalf of the Council. Collaborative Practice Silicon Valley Marriage and Family Therapist Melissa Lenon and Brenda Avila-Quince accepted the proclamation.

CONSENT CALENDAR
A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to approve the Consent Calendar.

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Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
7 -

3.A 24-235
Action on the Minutes of the February 20, 2024 Joint Council and Authorities Concurrent and Stadium Authority Meeting.

Recommendation:

Approve the Minutes of the February 20, 2024 Joint Council and Authorities Concurrent and Stadium Authority Meeting.

A motion was made by Vice Mayor/Chair Becker, seconded by Council/Boardmember Chahal, to approve the minutes of the February 20, 2024 Joint Council and Authorities Concurrent and Stadium Authority Board meeting.

Aye:

Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/Boardmember Hardy, Council/Boardmember Park, Council/ Boardmember Jain, Vice Mayor/Chair Becker, and Mayor/Chair Gillmor 7 -

3.B 24-04 Board, Commissions and Committee Minutes
Recommendation: Note and file the Minutes of:

Youth Commission - January 9, 2024
Planning Commission - January 31, 2024
Senior Advisory Commission - January 22, 2024
A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to note and file the minutes of the January 9, 2024 Youth Commission meeting; January 31, 2024 Planning Commission meeting; and January 22, 2024 Senior Advisory Commission meeting.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
7 -

3.C 24-128
Action on City Bills and Claims Report for the period January 6, 2024 - February 2, 2024
Recommendation:

Approve the list of Bills and Claims for January 6, 2024 - February 2, 2024.

A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to approve the list of the Bills and Claims for January 6, 2024 – February 2, 2024.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
7 -

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3.D 24-28 Action on Monthly Financial Status and Investment Reports for November and December 2023 and Approve the Related Budget Amendments Recommendation: 1. Note and file the Monthly Financial Status Reports and Monthly Investment Reports for November and December 2023 as
presented; and

2. Approve the following FY 2023/24 Budget Amendments as summarized below and detailed in Attachment 5:
a. Transfer $4,944,484 from City Affordable Housing Capital Fund to the City Affordable Housing Fund for the Civic
Center Drive - Low Income Housing Project as a loan
(majority affirmative Council votes required);
b. Transfer $125,000 from the Convention Center Enterprise Fund to the Convention Center Capital Fund for electrical signage repairs (five affirmative Council votes required for the use of unused balances);
c. Decrease the developer contributions revenue estimate by $2,080,000 in the Developer Traffic Payments Fund, Streets and Highways Capital Fund, and Traffic Mitigation Fund
offset by a decrease in the Multimodal Improvement Plan Phase 1 and Phase 2 projects (majority affirmative
Council votes required);
d. Recognize and appropriate grant funding in the Fire
Operating Grant Trust Fund in the amount of $2,600 for the 2022 Emergency Management Preparedness Grant and
$51,446 for the 2023 County of Santa Clara Emergency
Medical Services Grant (five affirmative Council votes
required to appropriate additional revenue);
e. Appropriate $1,591,500 in the Electric Utility Capital Fund for the Fiber Development, Design, and Expansion Project,
offset by developer contributions and a decrease to the SCADA Improvements project in the amount of $191,500 in the Water and Utility Capital Fund (five affirmative Council votes required to appropriate additional revenue);
f. Transfer $6,000,000 from the Electric Utility Fund to the Electric Utility Capital Fund for the New Business Estimate Work Project (five affirmative Council votes required to appropriate additional revenue);
g. Appropriate $1,000,000 in the Electric Utility Capital Fund for the Transmission and Distribution Capital Maintenance and Betterments Project offset by unrestricted ending fund
balance (five affirmative Council votes required for the use of unused balances); and,
h. Appropriate $150,000 in the Electric Utility Capital Fund for the Storm Water Compliance Project offset by unrestricted

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ending fund balance (five affirmative Council votes
required for the use of unused balances).

A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to note and file the Monthly Financial Status Reports and Monthly Investment Reports for November and December 2023 as presented; and approve the following FY 2023/24 Budget Amendments as summarized below and detailed in
Attachment 5: a) transfer $4,944,484 from City Affordable Housing Capital Fund to the City Affordable Housing Fund for the Civic Center Drive - Low Income Housing Project as a loan; b) transfer $125,000 from the Convention Center Enterprise Fund to the Convention Center Capital Fund for electrical signage repairs (five affirmative Council votes required for the use of unused balances); c) decrease the developer contributions revenue estimate by $2,080,000 in the Developer Traffic Payments Fund, Streets and Highways Capital Fund, and Traffic Mitigation Fund offset by a decrease in the Multimodal Improvement Plan Phase 1 and Phase 2 projects; d) recognize and appropriate grant funding in the Fire Operating Grant Trust Fund in the amount of $2,600 for the 2022 Emergency Management Preparedness Grant and $51,446 for the 2023 County of Santa Clara Emergency Medical Services Grant; e) appropriate $1,591,500 in the Electric Utility Capital Fund for the Fiber Development, Design, and Expansion Project, offset by developer contributions and a decrease to the SCADA
Improvements project in the amount of $191,500 in the Water and Utility Capital Fund; f) transfer $6,000,000 from the Electric Utility Fund to the Electric Utility Capital Fund for the New Business Estimate Work Project; g) appropriate $1,000,000 in the Electric Utility Capital Fund for the Transmission and Distribution Capital Maintenance and Betterments Project offset by unrestricted ending fund balance; and h) appropriate $150,000 in the Electric Utility Capital Fund for the Storm Water Compliance Project offset by unrestricted ending fund balance.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
7 -

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3.E 24-103 Action to Authorize the City Manager to Execute the First Amendment to Central Valley Project Corporation Membership Agreement to Extend the Term for Ten Years
Recommendation:

1. Authorize the City Manager to execute the First Amendment to Central Valley Project
Corporation Membership Agreement to extend the term
for ten years in a final form approved by the City Attorney; and

2. Authorize the City Manager, or designee, to take any and all necessary or advisable actions to implement and administer the Agreement as amended.

A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to authorize the City Manager to execute the First Amendment to Central Valley Project Corporation Membership Agreement to extend the term for ten years in a final form approved by the City Attorney; and authorize the City Manager, or designee, to take any and all necessary or advisable actions to implement and administer the Agreement as amended.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
7 -

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3.F 24-32 Action on an Agreement with KSB, Inc. and on Amendment No.1 to the Agreement with Koffler Electrical Mechanical Apparatus Repair, Inc. for Motor and Pump Maintenance and Repair for Silicon Valley Power Recommendation:

1. Determine that the proposed actions are exempt from CEQA pursuant to Section 15301 (Existing Facilities) of Title 14 of the California Code of Regulations;

2. Authorize the City Manager to execute an Agreement for Services with KSB, Inc. for motor and pump maintenance and repair services for a five-year term ending on July 31, 2028, with a maximum compensation not to exceed $1,000,000, to be funded by the SVP Operating or Capital Fund as applicable;

3. Authorize the City Manager to execute Amendment No. 1 to the Agreement for Services with Koffler Electrical Mechanical Apparatus Repair, Inc. for motor and pump maintenance and repair services for a five-year term ending on July 31, 2028, to increase the maximum compensation by $750,000 for a revised maximum compensation amount of $1,000,000, to be funded by the SVP Operating or Capital Fund as applicable; and

4. Authorize the City Manager to take any actions as necessary to implement and administer the above agreements and negotiate and execute amendments to (a) add or delete services consistent with the scope of services; (b) adjust future rates to account for reasonable changes in labor and materials rates; (c) exercise a one-year option to extend the term of each agreement through July 31, 2029; and (d) increase compensation for an additional $1,000,000 between both agreements for a total maximum compensation of $3,000,000 ($1,500,000 for each agreement), subject to the appropriation of funds and the review and approval as to form by the City Attorney.

A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to determine that the proposed actions are exempt from CEQA pursuant to Section 15301 (Existing Facilities) of Title 14 of the California Code of Regulations; authorize the City Manager to execute an Agreement for Services with KSB, Inc. for motor and pump maintenance and repair services for a five-year term ending on July 31, 2028, with a maximum compensation not to exceed $1,000,000, to be funded by the SVP Operating or Capital Fund as applicable; authorize the City Manager to execute Amendment No. 1 to the Agreement for Services with Koffler Electrical Mechanical Apparatus Repair, Inc. for motor and pump maintenance and repair services for a five-year term ending on July 31, 2028, to increase the maximum compensation by $750,000 for a revised maximum compensation amount of $1,000,000, to be funded

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by the SVP Operating or Capital Fund as applicable; and authorize the City Manager to take any actions as necessary to implement and administer the above agreements and negotiate and execute amendments to (a) add or delete services consistent with the scope of services; (b) adjust future rates to account for reasonable changes in labor and materials rates; (c) exercise a one-year option to extend the term of each agreement through July 31, 2029; and (d) increase compensation for an additional $1,000,000 between both agreements for a total maximum compensation of $3,000,000 ($1,500,000 for each agreement), subject to the appropriation of funds and the review and approval as to form by the City Attorney.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
7 -

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3.G 24-30 Action on Amendment No. 1 to an Agreement for Services with Aspen Environmental Group to Provide As-Needed Consultant Services for Electric Rate and Fee Analysis for Silicon Valley Power Recommendation:

1. Authorize the City Manager to execute Amendment No. 1 to the Agreement with Aspen Environmental Group, for as-needed electric fee and rate analysis services to increase the maximum compensation by $200,000, for a revised not-to-exceed maximum compensation amount of $650,000, and extend the agreement through October 31, 2027, funded by the Electric Utility Operating Fund; and

2. Authorize the City Manager to take any actions as necessary to implement and administer the Agreement, including negotiate and execute amendments to (a) extend the Agreement through October 31, 2030, (b) add or delete services consistent with the scope of services, (c) increase the rates pursuant to the Agreement’s price escalation provisions, and (d) increase the maximum compensation to an amount not-to-exceed $1,000,000, subject to budget appropriations and review and approval as to form by the City Attorney.

A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to Authorize the City Manager to execute Amendment No. 1 to the Agreement with Aspen Environmental Group, for as-needed electric fee and rate analysis services to increase the maximum compensation by $200,000, for a revised not-to-exceed maximum compensation amount of $650,000, and extend the agreement through October 31, 2027, funded by the Electric Utility Operating Fund; and authorize the City Manager to take any actions as necessary to implement and administer the Agreement, including negotiate and execute amendments to (a) extend the Agreement through October 31, 2030, (b) add or delete services consistent with the scope of services, (c) increase the rates pursuant to the Agreement’s price escalation provisions, and (d) increase the maximum compensation to an amount not-to-exceed $1,000,000, subject to budget appropriations and review and approval as to form by the City Attorney.

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& Stadium Authority Board Meeting
Meeting Minutes

3.H 24-29 Action to Delegate Authority to the City Manager to Negotiate and Execute Amendment No. 2 to the Agreement with e-Builder, Inc. for Annual Software Subscription Fees and Associated Services for Capital Project Management Software
Recommendation:

1. Authorize the City Manager to negotiate and execute Amendment No. 2 to the Agreement with e-Builder, Inc. to extend the term through March 26, 2029, and increase the maximum compensation by $1,000,000 from $1,150,000 to $2,150,000, subject to the appropriation of funds and review and approval as to form by the City Attorney; and

2. Authorize the City Manager to take any actions as necessary to implement and administer the Agreement, including authorization to negotiate and execute further amendments to (a) add or delete services for additional software support services; (b) adjust subscription fees based on capital improvement budget adjustments, and (c) increase maximum compensation up to $2,250,000 for the period ending March 25, 2029, subject to appropriation of funds and review and approval as to form by the City Attorney.

A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to Authorize the City Manager to negotiate and execute Amendment No. 2 to the Agreement with e-Builder, Inc. to extend the term through March 26, 2029, and increase the maximum compensation by $1,000,000 from $1,150,000 to
$2,150,000, subject to the appropriation of funds and review and approval as to form by the City Attorney; and authorize the City Manager to take any actions as necessary to implement and administer the Agreement, including authorization to negotiate and execute further amendments to (a) add or delete services for additional software support services; (b) adjust subscription fees based on capital improvement budget adjustments, and (c) increase maximum compensation up to $2,250,000 for the period ending March 25, 2029, subject to appropriation of funds and review and approval as to form by the City Attorney.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
7 -

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03/05/2024Joint Council and Authorities Concurrent
& Stadium Authority Board Meeting
Meeting Minutes

PUBLIC PRESENTATIONS
Vikas Gupta spoke about the International Swim Center.

Karen Cornwell spoke about the International Swim Center.

City Manager Grogan responded to Public Comment.

CONSENT ITEMS PULLED FOR DISCUSSION
There were none.

PUBLIC HEARING/GENERAL BUSINESS

5. 24-118 Public Hearing. Rezone Request from MP Planned Industrial to HO-RD High Intensity Office / R&D for the Properties Located at 2421, 2431, 2441 and 2451 Mission College Boulevard to Align Zoning with General Plan Land Uses
Recommendation:

2. Determine that the project falls within the scope of the December 19, 2023 Addendum to the General Plan EIR.

3. Adopt a resolution approving a Rezone from MP Planned Industrial to HO-RD High Intensity Office / R&D for the Properties Located at 2421, 2431, 2441 and 2451 Mission College Boulevard.

Mayor Gillmor opened the Public Hearing.

City Manager Grogan introduced this item.

Acting Community Development Director Brilliot provided a PowerPoint presentation on the rezoning request for properties located at 2421, 2431, 2441, and 2451 Mission College Boulevard.

Council questions followed.

Acting Community Development Director Brilliot responded to Council questions.

Applicant Rob Tersini introduced himself and had no comments.

A motion was made by Councilmember Jain, seconded by
Councilmember Hardy, to close the Public Hearing.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
7 -

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03/05/2024Joint Council and Authorities Concurrent
& Stadium Authority Board Meeting
Meeting Minutes
Applicant Rob Tersini thanked staff for their work.

A motion was made by Councilmember Hardy, seconded by
Councilmember Chahal, to determine that the project falls within the scope of the December 19, 2023 Addendum to the General Plan EIR; and adopt Resolution 24-9308 approving a rezone from MP Planned Industrial to HO-RD High Intensity Office/R&D for the properties located at 2421, 2431, 2441, and 2451 Mission College Boulevard.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
7 -

6. 24-246
Informational Report on Super Bowl LX and FIFA World Cup 2026 Updates
Recommendation:

1. Approve the proposed Super Bowl LX Guiding Principles; and,

2. Note and file the informational report on FIFA World Cup 2026 and Super Bowl LX updates.

City Manager/Executive Director Grogan, City Attorney/Stadium Authority Counsel Googins, Assistant City Manager Baker, Development Project Manager Knight, Emergency Services
Manager Flamm, and Police Captain Fitting gave an informational PowerPoint presentation on Super Bowl LX and FIFA World Cup 2026 updates.

Zaileen Janmohamed, President/CEO of Bay Area Host Committee, gave a PowerPoint presentation.

Council/Board comments and questions followed.

Zaileen Janmohamed, President/CEO of Bay Area Host Committee, City Manager/Executive Director Grogan, and City Attorney/Stadium Authority Counsel Googins addressed Council/Board questions.

Public Comment:

John Haggerty
A motion was made by Vice Mayor/Chair Becker, seconded by CouncilBoardmember Hardy, to approve the proposed Super Bowl LX Guiding Principles; and note and file the informational report on FIFA World Cup 2026 and Super Bowl LX updates.

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03/05/2024Joint Council and Authorities Concurrent
& Stadium Authority Board Meeting
Meeting Minutes

Aye: Council/Boardmember Watanabe, Council./Boardmember Chahal, Council/Boardmember Hardy, Council/Boardmember Park, Council/ Boardmember Jain, Vice Mayor/Chair Becker, and Mayor/Chair Gillmor 7 -
REPORTS OF MEMBERS, SPECIAL COMMITTEES AND COUNCILMEMBER 030 REQUESTS Councilmember Jain reported he attended a Joint Venture Silicon Valley event last week.

CITY MANAGER/EXECUTIVE DIRECTOR REPORT

ADJOURNMENT
There was no report.

A motion was made by Council/Boardmember Park, seconded by Vice Mayor/Chair Becker, the meeting adjourned at 10:35 p.m. in memory of Nazih (Ned) Nader Chartouny.

Aye: Council/Boardmember Watanabe, Council./Boardmember Chahal, Council/Boardmember Hardy, Council/Boardmember Park, Council/ Boardmember Jain, Vice Mayor/Chair Becker, and Mayor/Chair Gillmor 7 -
The next scheduled special meeting is on Tuesday, March 12, 2024 in the City Hall Council Chambers.

Page 14 ends

03/05/2024Joint Council and Authorities Concurrent
& Stadium Authority Board Meeting
Meeting Minutes
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.

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.

Page 15 ends

MEETING DISCLOSURES
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-05 Agenda Date: 3/19/2024

REPORT TO COUNCIL

SUBJECT
Board, Commissions and Committee Minutes

COUNCIL PILLAR
Enhance Community Engagement and Transparency

RECOMMENDATION
Note and file the Minutes of:

Audit Committee - November 27, 2023
Cultural Commission - February 5, 2024
Planning Commission - February 21, 2024
Youth Commission - February 13, 2024
City of Santa Clara Printed on 3/15/2024Page 1 of 1
powered by Legistar™
City of Santa Clara
Meeting Minutes
Audit Committee
Draft
3:00 PM Hybrid Meeting
Council Conference Room/Virtual
City Hall - East Wing
1500 Warburton Avenue
Santa Clara, CA 95050
11/27/2023
The City of Santa Clara is conducting the Audit Committee meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely).

Join from a PC, Mac, iPad, iPhone or Android device:

Please click this URL to join: https://santaclaraca.zoom.us/j/99199624617 Webinar ID: 991 9962 4617
Or join by phone:

US: +1 669 900 6833

CALL TO ORDER AND ROLL CALL
Chair Park was running late, so Committee Member Watanabe became the Sub-Chair in Chair Park's absence.

Sub-Chair Watanabe called the meeting to order at 3:07 PM.

Member Kathy Watanabe, and Member Suds JainPresent 2 -
Chair Kevin ParkAbsent 1 -

CONSENT CALENDAR

1. 23-1344 Audit Committee Minutes
Recommendation: Approve the Audit Committee minutes of August 30, 2023.

A motion was made by Member Jain, seconded by Member
Watanabe, to approve the Audit Committee Minutes of August 30, 2023.

Aye: Member Watanabe, and Member Jain2 -

Absent: Chair Park1 -

Page 1 ends

11/27/2023Audit Committee Meeting Minutes

PUBLIC PRESENTATIONS
None.

GENERAL BUSINESS

2. 23-1343 Overview of the Draft City of Santa Clara Audited Annual Comprehensive Financial Report (ACFR) and Audited Silicon Valley Power (SVP) Financial Statements for Fiscal Year Ended June 30, 2023 Recommendation:

Accept the City of Santa Clara Audited Annual Comprehensive Financial Report and Silicon Valley Power Financial Statements for Fiscal Year Ended June 30, 2023 and recommend that the reports are forwarded for note and file to the full Council at the December 12, 2023 Council and Authorities Concurrent meeting.

Director of Finance, Kenn Lee gave a Powerpoint presentation.

Auditor Grace Zhang, Maze & Associates, gave a Powerpoint presentation.

Committee Members' questions and comments followed.

Director Lee, Auditor Zhang, and Chief Assistant City Attorney, Sujata Reuter addressed the Committee Members' questions.

Committee Member Park arrived at the meeting late at 3:28 PM.

Committee Members' questions and comments continued.

Director Lee, Auditor Zhang, and Assistant Finance Director, Linh Lam addressed the Committee Members' questions.

A motion was made by Member Jain, seconded by Committee Member Park, to accept the City of Santa Clara Audited Annual Comprehensive Financial Report and Silicon Valley Power Financial Statements for Fiscal Year Ended June 30, 2023 and recommend that the reports are forwarded for note and file to the full Council at the December 12, 2023 Council and Authorities Concurrent meeting.

Aye: Member Watanabe, Member Jain, and Chair Park3 -

ADJOURNMENT
The meeting was adjourned at 3:50 PM.

Page 2 ends

11/27/2023Audit Committee Meeting Minutes
Future Audit Committee Meetings will be scheduled at a later date.

MEETING DISCLOSURES

Page 3 ends

11/27/2023Audit Committee Meeting Minutes
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.

Page 4 ends

City of Santa Clara
Meeting Minutes
Cultural Commission
Draft
7:00 PM Hybrid Meeting
Santa Clara Senior Center
Room 205
1303 Fremont Street
Santa Clara, CA 95050
02/05/2024
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: 982 7228 3531
Or join by phone: 669-900-6833

CALL TO ORDER AND ROLL CALL
Chair Diaz called the meeting to order at 7:01 p.m.

Commissioner Louis Samara, Vice Chair Debra von Huene, Chair Candida Diaz, Commissioner Jonathan Marinaro, and Commissioner Neetu Garg
Present 5 -
Commissioner Paul McNamaraAbsent 1 -

CONSENT CALENDAR

1.A 24-65 Action on Cultural Commission Special Meeting Minutes of January 8, 2024
Recommendation:

Approve the Cultural Commission Special Meeting Minutes of January 8, 2024
A motion was made by Commissioner Samara, seconded by
Commissioner Marinaro, that the consent calendar be approved.

The motion passed with the following vote:

Aye: Commissioner Samara, Vice Chair von Huene, Chair Diaz, Commissioner Marinaro, and Commissioner Garg
5 -

Absent: Commissioner McNamara1 -

Page 1 ends

02/05/2024Cultural Commission Meeting Minutes

PUBLIC PRESENTATIONS
None.

GENERAL BUSINESS

Page 2 ends

02/05/2024Cultural Commission Meeting Minutes

2. 24-72 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 reported the following on the Cultural Commission Work Plan Goals and Activities for FY 2023/24:

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- Commissioner Samara reported the following: There will be five (5) Concerts- Four (4) at Central Park and one (1) at Live Oak Park:

June 14 @ Live Oak Park-Houserockers
June 28 @ Central Park-The Peelers
July 12 @ Central Park-The Megatones
July 26 @ Central Park-Orquesta Borinquen
Aug.16 @ Central Park-Pop Ficton
Street Dance- Date: Aug. 2024. Chosen band is Neon Velvet. Potential new location for 2024. A staff walk-through of proposed site will be in two (2) weeks.

Plan and Host Friday Night Live Events- Triton will provide space. A youth jazz band is being considered for April. October will be the second event.

The Korean Event with the Parks & Recreation Commission will be moved to a later date in 2025.

Secure sponsors for Cultural Commission special events in FY 2023/24-The Sponsorship Packet is completed and posted on the City's website. The packet will be emailed to the Commission to distribute.

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-Santa Clara University students had a Robotics Challenge as a result of the Mechanical Horse Exhibit. Three (3) finalists had their artwork displayed beginning Jan.

24. Vice Chair von Huene attended the viewing, took photographs and spoke to the Dean about the project. The winner received $2,500. She would like to include this project in the presentation to Council on March 19.

Identify available Utility Boxes in the City for Artist Utility Box Program (alternate years with Sculpture Exhibition)- No update.

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02/05/2024Cultural Commission Meeting Minutes
Host Sculpture Exhibition-The Call for Artists is under review from the Commission. Commissioner Marinaro would like to add Santa Cruz County to the list of counties that could apply. Judges were suggested and need to be finalized. Details of the June reception need to be finalized.

Host Halloween Home & Holiday Home Decorating Contest and Recognition-Contests have concluded. No update.

Update and maintain City interactive web-based public art map-The map is up to date.

GOAL #3: Raise the visibility of commemorative months.

Update Coloring Book to honor Commemorative Months according to Federal Calendar- Nine (9) of twelve (12) pages have been completed.

Chair Diaz will contact the artist to begin completion of April-June pages.

Promote monthly commemorative months through Social Media and Special Events to raise awareness and cultural
competency- Vice Chair von Huene posted the February coloring page.

GOAL #4: Enhance communication and media strategy to increase community awareness of the Cultural Commission.

Commissioners to attend the Americans for the Arts Conference-On hold for FY 2023/24.

Present regularly to City Council-The Commission will present to Council on March 19 at the Joint Dinner. A Draft Presentation will be presented at the March meeting.

Develop, maintain, and grow partnerships and collaborations with external organizations-Committee will meet with the President of Mission College and share concert dates. The Committee wants to foster a relationship with Mission College and collaborate on possible concert sites.

GOAL #5: Prepare for Citywide Arts Master Plan Process.

Develop private/public partnerships to invest and promote the Arts in Santa Clara- Commissioner Marinaro attended the Golden Circle Event

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02/05/2024Cultural Commission Meeting Minutes

STAFF REPORT
and there is an interest in supporting the Arts in Santa Clara. Staff has a meeting with SV Creates on Feb. 9.

Develop, promote, and implement Citywide Arts Master Plan alongside the City Council-Meeting with Assistant City Manager and Acting Director of Parks & Recreation, Cynthia Bojorquez. Planned for next week.

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.

Recreation Manager Castro reported there is a Commissioner Recruitment for several Commissions: Feb. 8 - March 19. Interviews are on April 16. She encouraged the commission to encourage people to apply. She reported that staff is working on the Call for Artists for the Sculpture Exhibit, Sponsorship Packages are updated, and bands are selected for 2024. There is a Summer Camp Fair on Feb. 27 and the Activity Guide is being finalized. She announced that future meetings will be held at the Senior Center and that the room has been prepared to accommodate the logistics of the meeting.

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02/05/2024Cultural Commission Meeting Minutes

COMMISSIONERS REPORT

ADJOURNMENT
Commissioner Marinaro reported he attended the Golden Circle Event, featuring John Legend. He encouraged the Commission to attend Rigoletto, at the California Theater though Opera San Jose.

Commissioner Garg watched Kathak Aadi Kathak, directed by Rewa Rawat, a documentary on Kathak (Indian Dance) and its relationship to ancient sculptures and the Naatya Shastra.

Vice Chair von Huene attended a play, How I learned What I Learned, by August Wilson, at the Mountain View Center for the Performing Arts. It was a fantastic one (1) person show. At the end, he read a poem and handed it to her in the audience, as a keepsake.

Chair Diaz reported the next meeting of the Cultural Commission will be held at the Senior Center, Room 205 on Monday, March 4.

A motion was made by Commissioner Marinaro, seconded by Vice Chair von Huene, that the meeting be adjourned at 7:44 p.m.

Aye: Commissioner Samara, Vice Chair von Huene, Chair Diaz, Commissioner Marinaro, and Commissioner Garg
5 -

Absent: Commissioner McNamara1 -

MEETING DISCLOSURES

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02/05/2024Cultural Commission Meeting Minutes
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.

Page 7 ends

City of Santa Clara
Meeting Minutes
Planning Commission
Draft
6:00 PM Hybrid Meeting
City Hall Council
Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
02/21/2024
The City of Santa Clara is conducting Planning Commission 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/91729202898 Webinar ID: 917 2920 2898 or o Phone: 1(669) 900-6833
• Via the City’s eComment
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.

Public Comments prior to meeting may be submitted via email to [email protected] no later than noon on the day of the meeting; (Comments received after 12:00 PM on the day of the meeting will be made part of the public record but will not be read out loud during the meeting) and also before and during the meeting via eComment. Clearly indicate the project address, meeting body, and meeting date in the email.

Agendas, Staff Reports and associated documents for Planning Commission items may be viewed on the City's website at https://santaclara.legistar.com/Calendar.aspx 6:00 PM REGULAR MEETING
Call to Order
Chair Cherukuru called the meeting to order at 6:03 pm
Pledge of Allegiance and Statement of Values
Secretary Bouza read the Statement of Values.

Roll Call

Page 1 ends

02/21/2024Planning Commission Meeting Minutes
Vice Chair Yashraj Bhatnagar, Commissioner Nancy A. Biagini, Chair Priya Cherukuru, Commissioner Qian Huang, Commissioner Mario Bouza, Commissioner Lance Saleme, and Commissioner Eric Crutchlow
Present 7 -

DECLARATION OF COMMISSION PROCEDURES
Secretary Bouza read the Declaration of Commission Procedures.

CONTINUANCES/EXCEPTIONS
None.

CONSENT CALENDAR

1. 24-229 Planning Commission Meeting Minutes of January 31, 2024 Recommendation: Planning Commission Meeting Minutes of the January 31, 2024 Meeting A motion was made by Commissioner Biagini, seconded by
Commissioner Bouza to approve the consent calendar.

Aye: Vice Chair Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, Commissioner Saleme, and Commissioner Crutchlow
7 -

PUBLIC PRESENTATIONS
None.

PUBLIC HEARING

2. 24-1612 Public Hearing: Action on Significant Property Alteration Permit for a 1,207 Square Foot Addition to a Historic Residence and a Variance to Eliminate the Requirement for a Two-Car Garage at 1277 Jackson Street Recommendation:

1. Determine that the Project is categorically exempt from formal environmental review per Section 15301(e)(2), Existing Facilities, of the CEQA Guidelines; and

2. Adopt a Resolution to approve a Significant Property Alteration Permit for alterations to the main historic resource and a Variance to eliminate the requirement for a two-car garage, subject to findings and conditions of approval.

Associate Planner Tiffany Vien provided the staff presentation.

A motion was made by Commissioner Biagini, seconded by
Commissioner Bhatnagar to close Public Comment.

Page 2 ends

02/21/2024Planning Commission Meeting Minutes

Aye: Vice Chair Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, Commissioner Saleme, and Commissioner Crutchlow
7 -

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02/21/2024Planning Commission Meeting Minutes

3. 24-1629 PUBLIC HEARING: Action on an Environmental Impact Report and Mitigation Monitoring and Reporting Program, Rezone, and Vesting Tentative Subdivision Map for the Property Located at 1957 Pruneridge Avenue to Allow the Development of 22 Detached Single-Family Residences and Associated On- and Off-Site Improvements Recommendation:

Alternatives: 1, 2 and 3

1. Adopt a resolution recommending the City Council certify the Environmental Impact Report and adopt the CEQA Findings, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program for the 1957 Pruneridge Avenue
Residential Project.

2. Adopt a resolution recommending the City Council approve a rezoning of the project site from Public, Quasi-Public, and Public Park or Recreation (B) to Planned Development (PD) to allow construction of residential development consisting of 22 detached two-story residences with attached and detached garages, landscaping, and on- and off-site improvements, subject to conditions of approval.

3. Adopt a resolution recommending the City Council approve a Vesting Tentative Subdivision Map to subdivide the land into 22 individual lots and four common lots as a utility corridor, vehicle access, landscape open space and bioretention areas to serve the development, subject to conditions of approval.

Associate Planner Debby Fernandez provided the staff presentation.

Assistant City Attorney Alexander Abbe addressed the Commission regarding two conditions of approval related to the use of natural gas, B8 and P23. Mr. Abbe explained that B8 required the developer to comply with the City’s “Reach Code,” which requires most new development projects to build All-Electric Construction, with no installation of natural gas infrastructure. Mr.

Abbe explained that in recent discussions with the developer, the developer had also voluntarily committed to All-Electric Construction, regardless of the application of the City’s Reach Code, and that this was memorialized in condition P23.

Mr. Abbe further explained, however, that the despite this commitment from the developer, the developer had requested a modification to condition P23. As drafted by staff, condition P23 stated that the developer’s commitment to All-Electric Construction was an express basis for the City’s decision to rezone the property as Planned Development, and that if the developer sought to utilize methane at a later date, a revision to the PD zoning would be required. The developer agreed that a revision to the rezoning would be required if they later sought to use natural gas, but the developer did not want the City to state that All-Electric Construction was one of the express grounds for granting the PD zoning. Mr. Abbe cautioned that the developer’s request would likely make condition P23 more difficult to enforce, and make it more likely that the developer could utilize natural gas in the future without City approval.

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02/21/2024Planning Commission Meeting Minutes
Mr. Abbe also explained that the developer was objecting to condition P5, which obligated the developer to provide a 5-foot sidewalk and a 5-foot landscaped area in conformance with the Pruneridge Avenue Complete Streets Plan (PACSP). Mr. Abbe advised the Commission that the Council formally adopted the PACSP in August 2022 and that the Commission did not have the discretion to waive the requirements of the PACSP, such as condition P5.

Commissioners inquired upon various items on the proposed project including new sidewalk standards, the possible use of solar for the project, traffic patterns for the project and concerns regarding the busy intersection at Pruneridge and Winchester as it relates to the location of the project driveway, as well as relocation of the remains of the burial site.

SCS Development representatives Matthew Schott and Cory Kusich provided the Applicant presentation.

David J. Powers & Associates staff Shannon George and Patrick Kalle were in attendance and spoke at the meeting.

Public Speaker
Chris Sarbaugh
A motion was made by Commissioner Biagini, seconded by
Commissioner Bouza to close public comment.

Aye: Vice Chair Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, Commissioner Saleme, and Commissioner Crutchlow
7 -
A motion was made by Commissioner Biagini, seconded by
Commissioner Crutchlow, to approve Staff Recommendation 2 with additional recommendations to include Provide “Right Turn Only During Peak Hours” signage for the project driveway and for the applicant to use reasonable efforts, to the satisfaction of the Director of Community Development to obtain written
documentation from the diocese of the previous church on the site documenting the disposition of the remains from the burial site on the property.

Aye: Vice Chair Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, Commissioner Saleme, and Commissioner Crutchlow
7 -

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02/21/2024Planning Commission Meeting Minutes
A motion was made by Commissioner Biagini, seconded by
Commission Bouza to approve Staff Recommendation 3.

Aye: Vice Chair Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, Commissioner Saleme, and Commissioner Crutchlow
7 -
REPORTS OF COMMISSION/BOARD LIAISON AND COMMITTEE:

1. Announcements/Other Items

2. Commissioner Travel and Training Reports, Requests to attend Trainings Staff Aide II Elizabeth Elliott provided updates on travel requests.

DIRECTOR OF COMMUNITY DEVELOPMENT REPORTS:

1. Planning Commission Budget Update
Staff Aide II Elizabeth Elliott provided budget updates.

2. Upcoming Agenda Items
Planning Manager Lesley Xavier provided updates.

3. City Council Actions
Planning Manager Lesley Xavier provided updates.

ADJOURNMENT:

The meeting adjourned at 8:21 pm. The next regular scheduled meeting is Wednesday, March 6, 2024 at 6 pm.

Page 6 ends

02/21/2024Planning Commission Meeting Minutes
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.

Page 7 ends

02/21/2024Planning Commission Meeting Minutes
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.

Page 8 ends

City of Santa Clara
Meeting Minutes
Youth Commission
Draft
6:00 PM Youth & Teen Center
2446 Cabrillo Avenue
Santa Clara, CA 95051
02/13/2024

CALL TO ORDER AND ROLL CALL
The meeting was called to order by Chair Maben at 6:03pm.

Commissioner Aarav Gupta , Commissioner Fatimah Ismail, Commissioner Namita Gaidhani, Commissioner Maryam Ismail, Commissioner Kira Liang, Commissioner Keith Maben,
Commissioner Malia Martin, Commissioner Samaira Mehta,
Commissioner Hiranya Parekh, Commissioner Sudeepthi Ravipati, Commissioner Samarth Suresh, and Commissioner Sarah Zuo Present 12 -
Commissioner Simren Garg, Commissioner Khadeejah Khan, and Commissioner Ryan Kim
Absent 3 -
A motion was made by Commissioner Maben, seconded by
Commissioner Parekh to excuse Commissioner Khan,
Commissioner Garg, and Commissioner Kim from the February 13, 2024 meeting. The motion carried by the following vote:

Aye: Commissioner Gupta, Commissioner Ismail, Commissioner Gaidhani, Commissioner Ismail, Commissioner Liang, Commissioner Maben, Commissioner Martin, Commissioner Mehta, Commissioner Parekh, Commissioner Ravipati, Commissioner Suresh, and Commissioner Zuo
12 -

Absent: Commissioner Garg, Commissioner Khan, and Commissioner Kim3 -

CONSENT CALENDAR

1.A 24-68 Action on the Youth Commission Minutes of the January 9, 2024 Meeting Recommendation: Approve the Youth Commission Meeting Minutes of January 9, 2024.

A motion was made by Commissioner Maryam Ismail , seconded by Commissioner Parekh, that this item be recommended for approval.

The motion carried by the following votes:

Page 1 ends

02/13/2024Youth Commission Meeting Minutes

PUBLIC PRESENTATIONS
None

GENERAL BUSINESS

2. 24-82 Youth Commission FY 2023/24 Work Plan & Goals
· Community Building: Follow up with Pacific Gardens-Assisted Living & Memory facility to volunteer, mail potential speakers for the Santa Clara Speaks (SC Speaks) event for April 5th. Create and brainstorm activities for the SC Speaks event. Food Spotlight visit featuring Somi Somi on February 23rd at 6pm. Next meeting will be held on February 23, 2024 at 6:30pm.
· Public Outreach and Education: Research regarding youth voting in SC County. Design flyer for voter registration promotion for high school students. Follow up with all Commissioners on biographies and posting on Youth Commission Instagram. Next meeting will be held on February 24, 2024 at 10:00am on Zoom.
· Youth Engagement and Empowerment: Develop ideas for
Podcast topics and research partnerships in mental health. Decide on Sunset Cinema date and activities. Next meeting will be held on February 20, 2024 at 5:00pm on Zoom.

Page 2 ends

02/13/2024Youth Commission Meeting Minutes

STAFF REPORT
Jon Kawada, Recreation Coordinator: Youth Commission applications for the 2024/25 term are now available. Applications are due Monday, March 4th. Applicants must be City of Santa Clara residents between the ages of 12-19. Applicants must complete the application and, if selected, participate in an interview. Interviews will be held on Saturday, March 16th.

Applications are available on the Youth Commission’s website page, www.SantaClaraCA.gov/YouthCommission Applications will also be available at Parks & Recreation facilities and City Libraries. Also, the Parks & Recreation Department is hosting the Breakfast with the Bunny event on March 23rd at the Senior Center. We are looking for volunteers to help serve breakfast and provide activities.

Gayle Ichiho, Recreation Supervisor: The month of March is celebrated as Youth Arts Month. The City of Santa Clara is committed to support the youth arts and the Santa Clara County Office of Education. The City of Santa Clara encourages arts in our classrooms and celebrate students’ creativity, inspiration, and joy through artistic expression. This year’s 2024 young artist showcase theme is the Arts are Culture! Electronic submissions are being accepted until April 1st. For more information, visit https://sccoe.to/youngartistshowcase
Karen Guzman, Youth Services Librarian II: Staff announced that the Youth Services Division will host the following programs at the Santa Clara Library such as: Teen Teach, Tea and Entrepreneurship, Safe Space, Real World Computer Science, and FAFSA-Thon information sessions.

COMMISSIONERS REPORT
None

ADJOURNMENT
A motion was made by Commissioner Suresh seconded by
Commissioner Parekh, that this meeting be adjourned at 6:25pm.

The motion was carried by the following vote:

Page 3 ends

02/13/2024Youth Commission Meeting Minutes

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.

Page 4 ends

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-60 Agenda Date: 3/19/2024

REPORT TO COUNCIL

SUBJECT
Action on the Santa Clara Convention Center FY 2023/24 2nd Quarter Financial Status Report

COUNCIL PILLARS
Promote and Enhance Economic, Housing and Transportation Development Enhance Community Engagement and Transparency
Promote Sustainability and Environmental Protection

BACKGROUND
On February 5, 2019, the City of Santa Clara approved an agreement with Global Spectrum L.P. dba Spectra Venue Management (Spectra) to operate the Santa Clara Convention Center (SCCC).

Spectra began management of the SCCC on March 18, 2019. In November 2021, Spectra merged with Oak View Group (OVG) but continues to operate under the same legal entity.

Staff is transmitting OVG’s SCCC status report to City Council for compliance with agreement terms.

DISCUSSION
This Report to Council transmits OVG’s SCCC Financial Status Report for the 2nd quarter ending December 31, 2023 (attached). This report is unaudited and, therefore, subject to change.

As OVG’s 2
nd quarter report indicates, there were 56 events hosted at the SCCC, 2 less than the budgeted 58 events. There were 22 events in October 2023, 20 events in November 2023, and 14 events in December 2023.

The second quarter followed its historical pattern of a strong start gradually tapering off towards the holiday season. Based on event needs, OVG staffing levels varied from 31-32 throughout the quarter.

Financial Summary
Quarter Ended December 31, 2023 Quarter Ended December 31, 2022 Budget Actual Overage
(Underage)
Budget Actual Overage
(Underage)
Gross
Revenue
$3,902,446 $5,535,047 $1,632,601 $3,990,335 $3,664,200 ($326,135) Total
Expense
$3,893,918 $4,672,472 $778,554 $3,764,452 $3,306,462 ($457,990) Net Income $8,528 $862,575 $854,047 $225,883 $357,738 $131,855 nd
City of Santa Clara Printed on 3/15/2024Page 1 of 2
powered by Legistar™
24-60 Agenda Date: 3/19/2024
For the 2nd quarter ending December 31, 2023, OVG reported a net operating gain of $862,575, compared to a net operating gain of $357,738 for the 2nd quarter of FY 2022/23.

Total revenues for FY 2023/24 2nd quarter were $5,535,047, or $1,632,601 more than the budgeted revenues of $3,902,446. Total expenses for FY 2023/24 2nd quarter were $4,672,472 or $778,554 more than the budgeted amount of $3,893,918. Additionally, OVG recognized $117,793 of other revenues in the 2nd quarter primarily from cancelation fees and interest income.

As of December 31, 2023 OVG, reported a year-to-date net operating income of $1,185,384, which consists of $9,095,303 in revenues and $7,909,919 in expenses.

ENVIRONMENTAL REVIEW
There is no discretionary action being considered under this Report to Council; therefore, there is no “project” within the meaning of the California Environmental Quality Act (“CEQA”) and no further environmental review is required pursuant to section 15060 (c) of Title 14 of the California Code of Regulations.

FISCAL IMPACT
The net operating gain incurred by the Convention Center for the 2nd quarter FY 2023/24 is $862,575.

This amount does not include any fiscal impact related to TOT, TID, and/or sales tax activity.

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
Note and file the Santa Clara Convention Center Financial Status Report for the 2nd Quarter ending December 31, 2023, as submitted by OVG.

Reviewed by: Kenn Lee, Director of Finance
Approved by: Jovan D. Grogan, City Manager

ATTACHMENTS

1. SCCC Activity Report for 2nd Quarter FY 2023/24
City of Santa Clara Printed on 3/15/2024Page 2 of 2
powered by Legistar™

FY 2023/24 QUARTERLY REPORT – 2nd Quarter Ended December 31, 2023 January 25, 2024
~G 360

Santa Clara Convention Center FY 2023/24 2nd Quarter Report Page 1 of 17

Table of Contents

2nd Quarter Highlights ................................................................................................... 2 Strategic Highlights ................................................................................................... 2 Financial Highlights ................................................................................................... 3 Event Highlights ......................................................................................................... 3 Operational Highlights ............................................................................................... 4 Other Noteworthy Highlights .................................................................................... 4 Financial Summary ....................................................................................................... 5 Financial Results ....................................................................................................... 5 Event Statistics .......................................................................................................... 7 Event Revenue ........................................................................................................... 7 Partners ...................................................................................................................... 7 Indirect Expenses ...................................................................................................... 8 Previous Fiscal Year Comparison ............................................................................ 9 Other Activities ............................................................................................................ 10 Key Performance Indicators (KPIs) ........................................................................... 11 Forecast ...................................................................................................................... . 12 FY 2023/24 Capital Improvement Projects (CIP) ....................................................... 13 Community Involvement ............................................................................................. 15

Santa Clara Convention Center is strategically located in the heart of Silicon Valley, a prime location for conventions, trade shows and exhibitions. The Santa Clara Convention Center is minutes from hotels, restaurants, Levi’s Stadium, California’s Great America Theme Park, and many of the largest and most influential technology companies in the world, with easy access to freeways and Norman Y.

Mineta San Jose International Airport and only 45 miles south of San Francisco. The Convention Center features 100,000 square feet of exhibit space, a 22,400 square foot ballroom, 31 breakout rooms and a 607-seat theater and attracts over 350,000 visitors annually. The facility is an integral economic component of Santa Clara, generating economic benefits through attendee direct and indirect spending and sustaining over 500 local jobs.

For more information, visit www.santaclaraconventioncenter.com.

Santa Clara Convention Center FY 2023/24 2nd Quarter Report Page 2 of 17

2nd Quarter Highlights

This quarterly report covers fiscal operations of the Santa Clara Convention Center for the second quarter ended December 31, 2023. This report is unaudited and, therefore, subject to change.

61,071
Total Attendance

56 Total Events

$5,535,047
Total Revenue

Strategic Highlights

Oak View Group (OVG 360) continues to be actively involved with the City and its partners at the Silicon Valley/Santa Clara DMO, Inc dba Discover Santa Clara ® (the
DMO) and the Santa Clara Tourism Improvement District (SCTID). The OVG General Manager (GM) participated in the interview for a new Board Member. As a Board Member/Officer of the DMO, the OVG 360 GM remained engaged in various activities of the organization including the finalization of the financial SOP’s and training of the Administrative Services Manager (ASM) to take over payroll duties.

OVG 360 continued an elevated level of involvement in a wide array of activities, spanning partner meetings, contract evaluations, and union changes. OVG 360 in concert with the Teamsters changed its local from 853 to 2785 to provide better coverage for events at the Santa Clara Convention Center. OVG 360 met with its partners, Levy (Food & Beverage), Encore (Audio Visual) and Smart City (IT) to explore upcoming event opportunities while concentrating on enhancing operational processes and revenue-generating strategies. Notably, capital projects were a key focus, involving discussions about the digital signage project, the need for an electrical contractor, the beginning of a full electrical assessment of the facility and plans to issue additional RFP’s and RFB’s for facility maintenance. OVG 360, along with Levy, Smart City, and Encore, continued utilizing the booking policy and actively sought new business opportunities aimed at attracting impactful events to the facility. The dedicated sales efforts of the Center team resulted in the booking of 39 events in the quarter, with 6 of them classified as new business. OVG 360 continued to monitor event load and potential revenue throughout the quarter. All employees were brought back in accordance with California’s Rehiring and Retention Law.

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Santa Clara Convention Center FY 2023/24 2nd Quarter Report Page 3 of 17

Financial Highlights

After a better than anticipated first quarter, the SCCC saw business continue to trend upward in the second quarter. Gross revenue October through December was $5,535,047 representing 141.84% of the overall budget for revenue. Conversely, expenses totaled $4,672,472, 119.99% of the budgeted expenses for the quarter, resulting in an overall profit of $862,575 for Q2.

Event Highlights

Fifty-six events took place during the quarter, two less than the budgeted number of 58.

Three events rescheduled their dates in Q2, four events were canceled due to either a reduction in registration numbers or other reasons within the quarter. A total of 33 clients did not move forward with their proposals.

In October, over 1,500 attendees gathered for Snowflake's two-day Data Cloud World Tour. Business leaders explored the latest innovations in Snowflake's Data Cloud while holding meetings and holding educational sessions. November brought the four-day RISC-V Summit to the SCCC, drawing over 1,500 participants to explore technological breakthroughs, engineering milestones, and case studies of the industry. Attendees also visited a trade show to see the newest offerings from RISC-V members. Capping the year, the SCCC held the Global Semiconductor Alliance Awards Celebration in December before 1,500 guests. Dubbed "The Oscars of the Semiconductor Industry," the event honored outstanding achievements and leadership in the field.

Snowflake Data
Cloud World Tour
RISC‐V Summit
GSA Awards
Celebration

Santa Clara Convention Center FY 2023/24 2nd Quarter Report Page 4 of 17

Operational Highlights

 As mentioned above, a total of 56 events occurred in the second quarter, with 22 in October, 20 in November, and 14 in December.
 The OVG 360 GM continued to monitor event load and staffing levels based on business quantity at the Center. Throughout the quarter, the Center experienced staff turnover, leading OVG to offer and hire a new Event Manager. Consequently, employee levels fluctuated between 31 and 32.
 The OVG GM conducted weekly meetings with Levy’s GM to discuss ongoing operations and CIP projects.
 The OVG GM collaborated with Levy’s GM and Levy corporate to address scenarios related to the cancellation of a large group and requested liquidated damage fees.  The OVG 360 GM, Director of Events, and Human Resources extended an offer for the Event Manager position, which was accepted. The new employee began work in October.
 OVG 360 collaborated with the City and SCPD to review and strategize security and overall operations for a high-profile event at the SCCC in November.  The OVG 360 GM submitted a request to the City for a budget add for FY 2024/25.

This request included the addition of funds to address the increased insurance costs and funds to replace the Center’s antiquated booking software.

Other Noteworthy Highlights

 In Q2, the OVG 360 Senior Director of Sales represented the City and the Center at the TEAMS and IMEX trade shows alongside the DMO to explore new business opportunities.
 OVG 360 hosted 22 site tours for potential future events at the Convention Center.  The OVG 360 GM completed manual entry of all events from October 2021-June 2023 into the “Glide Path” model and sent to JLL, the City’s former consultant, for review and processing.
 OVG 360 GM and OVG 360 Senior Vice President met with City leadership to present Sponsorship/Advertising opportunities for the City through a partnership with OVG.
 OVG 360 conducted a meeting with Local 2785, the new Teamsters local for the Center, to review the existing Letter of Understanding, extending the members' Collective Bargaining Agreement until June 30, 2024.

Santa Clara Convention Center FY 2023/24 2nd Quarter Report Page 5 of 17

Financial Summary

Financial Results

In FY 2023/24, the second quarter followed its historical pattern of a strong start gradually tapering off toward the holiday season. Notably, October, originally projected as the most profitable month in the first half, exceeded expectations by an impressive margin of over $60,000. Surprisingly, November, initially expected to incur a $13,000 loss, turned out to be the standout performer, yielding a profit exceeding $565,000, mainly due to the success of two new events. Despite December resulting in a loss, it exceeded anticipated losses by over $200,000. As a result, OVG 360 and its partners achieved a gross revenue of $5,535,047 during the quarter, surpassing the budgeted amount by $1,632,601. The net income for Q2 reached $862,575, surpassing the budgeted income by $854,047, compared to the anticipated $8,528.

Financial Summary – 2nd Quarter Ended December 31, 2023 Projected in Budget Actual Difference
Gross Revenue $3,902,446 $5,535,047 $1,632,601 Total Expense 3,893,918 4,672,472 (778,554) Net Income $8,528 $862,575 $854,047

Total expenses for the quarter were $4,672,472 or 778,554 more than the budgeted amount of $3,893,918. There was $117,793 of other revenue recognized in Q2 primarily from cancelation fees and interest income.

Santa Clara Convention Center FY 2023/24 2nd Quarter Report Page 6 of 17

Income Statement

SANTA CLARA CONVENTION CENTER
QUARTERLY GROSS INCOME STATEMENT
For the Six Months Ending December 31, 2023
QUARTER 2 TO DATE YEAR TO DATE

BUDGET ACTUAL VARIANCE BUDGET ACTUAL VARIANCE
Number of Events 58                     56                  (2)                     109                113                 4 Number of Event Days 131                   131                ‐                    267                264                 (3) Attendance 62,391             61,071           (1,320)              128,255         133,101          4,846 Event Revenue
Rental $1,013,863 $915,052 ($98,811) $1,958,478 $1,787,841 ($170,637) Services 38,612             102,618         64,006             76,959           192,860          115, 901 IT/Telecom 216,107           361,351         145,244           484,333         639,878          155,545 Food & Beverage 2,055,801        2,743,144      687,343           3,885,363      4,016,491       131,128 Electrical 111,757           207,950         96,193             143,736         517,716          373,980 Audio Visual 427,927           1,087,139      659,212           606,367         1,742,604       1,136,237 Total Event Revenue 3,864,067        5,417,254      1,553,187        7,155,236      8,897,390       1,742,154 Event Expenses
Services ‐                   31,659           (31,659)            ‐                  53,616            (53,616) IT/Telecom 159,919           245,719         (85,800)            358,406         435,117           (76,711) Food & Beverage 1,741,709        1,947,067      (205,358)          3,352,068      3,101,598       250,470 Electrical 78,230             147,905         (69,675)            100,615         382,051          (281,436) Audio Visual 286,711           873,277         (586,566)          406,266         1,322,547       (916,281) Total Event Expenses 2,266,569        3,245,627      (979,058)          4,217,355      5,294,929       (1,077,574) Net Event Income (Loss) 1,597,498        2,171,627      574,129           2,937,881      3,602,461       664,580 Other Revenue 38,379             117,793         79,414             76,759           197,913          121,154 Total Net Event & Ot her Revenue 1,635,877        2,289,420      653,543           3,014,640      3,800,374       785,734 Indirect Expenses
Executive 115,997           77,171           38,826             218,818         152,447          66,371 Finance 122,865           105,308         17,557             233,223         182,274          50,949 Event Services 141,482           100,508         40,974             272,271         202,822          69,449 Sales/Marketing 123,498           97,930           25,568             231,558         180,498          51,060 Operations 745,507           725,653         19,854             1,427,433      1,300,442       126,991 Overhead 378,000           320,275         57,725             755,999         596,507          159,492 Tot
al Indirect Expenses 1,627,349        1,426,845      200,504           3,139,302      2,614,990       524,312 Net Operating Income 8,528               862,575         854,047           (124,662)        1,185,384       1,310,046 Other Income/(Expense)
Net Income $8,528 $862,575 $854,047 ($124,662) $1,185,384 $1,310,046

Santa Clara Convention Center FY 2023/24 2nd Quarter Report Page 7 of 17

Event Statistics

There were 56 events scheduled in Q2 with $5,417,254 in revenue and $3,245,627 in expenses. ‘Conventions’ and ‘Trade shows’ generated the largest amount of revenue in the quarter.

Event Revenue

Event Net Revenue – 2nd Quarter Ended December 31, 2023 Event Types Gross Revenue Cost of Sales Net Revenue
Banquets $1,218,307 $878,607 $339,700
Meetings 70,872 22,437 48,435
Consumer Shows 267,437 89,767 177,670
Trade Shows 574,598 319,934 254,664
Conventions 2,954,602 1,831,031 1,123,571
Special Events 114,426 36,233 78,193
Miscellaneous Events - - -
Sporting Events 217,012 67,618 149,394
Totals $5,417,254 $3,245,627 $2,171,627

This quarter, there was a profit of $2,171,627. Revenues generated were higher than anticipated due to increased partner activity. Event expenses were slightly over budget due to the increase in event revenue for the quarter.

Partners
Partner Revenue – 2nd Quarter Ended December 31, 2023
Partner Gross
Revenue
Cost of
Sales
Net
Revenue
Levy Restaurants $2,743,144 $1,947,067 $796,077
Smart City (IT services) 361,351 245,719 115,632
ENCORE-AV (AV services) 1,087,139 873,277 213,862
Electrical 207,950 147,905 60,045
Totals $4,399,584 $3,213,968 $1,185,616

Partner revenue for Q2 was $4,399,584. The cost of sales was $3,213,968 for a net profit of $1,185,616.

Santa Clara Convention Center FY 2023/24 2nd Quarter Report Page 8 of 17

Indirect Expenses

Total indirect expenses were $1,426,845 for the quarter.

Departments Expense Description Indirect Cost
Executive Senior personnel $77,171
Marketing Sales and marketin g related 97,930
Finance Finance and Human Resources 105,308
Events Staffing to manage events 100,508
Operations
Engineering, building services, security, and
all other related expenses to operate the
buildin
g
725,653
Overhead Non-departmental expenses 320,275
Transition Costs Costs related to the transition to OVG - Totals $1,426,845

Santa Clara Convention Center FY 2023/24 2nd Quarter Report Page 9 of 17

Previous Fiscal Year Comparison

When compared to the same quarter of the previous fiscal year, the number of actual events that took place were the same; however, FY 2023/24 saw a seven day increase.

While the number of events stayed the same, the decreased attendance is usually indicative of the type of events that took place. For example, consumer/public shows generate more attendance than sporting events and in FY 2023/24, there were more sporting events during this time frame than consumer/public shows.

Financially, there was significant improvement with a net operating gain of $862,575 in the current quarter compared to a net operating gain of $357,738 in 2 nd quarter of FY 2022/23.

Quarter 2 Comparison
Quarter ended December 31, 2023 Quarter ended December 31, 2022

Projected
in Budget
Actual Budgeted
Overage /
(Underage)
Projected
in Budget
Actual Budgeted
Overage /
(Underage)
Number of Events 58 56 (2) 101 56 (45)
Number of Event Days 131 131 0 196 124 (72)
Attendance 62,391 61,071 (1,320) 52,540 80,959 28,419

Gross Revenue $3,902,446 $5,535,047 $1,632,601 $3,990,335 $3,664,200 ($326,135) Total Expense $3,893,918 $4,672,472 ($778,554) $3,764,452 $3,306,462 $457,990 Net Income $8,528 $862,575 $854,047 $225, 883 $357,738 $131,885

YTD Comparison
YTD ended December 31, 2023 YTD ended December 31, 2022

Projected
in Budget
Actual Budgeted
Overage /
(Underage)
Projected
in Budget
Actual Budgeted
Overage /
(Underage)
Number of Events 109 113 4 166 107 (59)
Number of Event Days 267 264 (3) 341 233 (108)
Attendance 128,255 133,101 4,846 92,540 127,024 34,484

Gross Revenue $7,231,995 $9,095,303 $1,863,308 $6,112,933 $6,422,061 $309,128 Total Expense $7,356,657 $7,909,919 $553,262 $6,593,514 $5,711,806 $881,708 Net Income ($124,662) $1,185,384 $1,310,046 ($480,581) $710,255 $1,190,836

Santa Clara Convention Center FY 2023/24 2nd Quarter Report Page 10 of 17

Other Activities

 OVG 360 worked in partnership with the Hyatt Santa Clara when a water main broke in the shared courtyard between the properties. The teams were able to locate the turn off and minimize the damages to the courtyard and meeting areas surrounding.

 The OVG 360 GM, as a Board Member/Officer (Treasurer) attended the following meetings regarding DMO business:
o Met with Kirsh & Company, the DMO accounting agency, to review and finalize the DMO’s Financial SOPs.
o Met with the Board Chair and the CEO to review and provide results of the CEO’s goals for FY 2022/23.
o Met with representatives of Bridge B ank, the DMO’s new banking partner to discuss and implement the setting up of its new account. o Met as part of the Nominating Committ ee to interview a potential new board member.
o Met with the Administrative Servic es Manager (ASM) to begin training on processing DMO payroll.

 OVG 360 met with the City, the DMO and JLL to discuss and review outstanding projects that needed to be completed by JLL prior to the end of the calendar year.

OVG 360’s management team also met to review and prepare its event folders for a sales audit scheduled by the City and JLL in December.

 Working in conjunction with Levy, the DMO, and the City the sales team reconfirmed its prospect goals for FY 2023/24. OVG 360’s goal for the year is to average 220 active business prospects throughout FY 2023/24. As of the end of the second quarter, OVG 360’s sales team is actively working 131 sales prospects. The sharp decline in prospects for this December is due to a change in how we track lost business opportunities. Previously prospects were updated to reflect event dates for the following year instead of labeling them as "Lost." This allowed the team to continue pursuing them as opportunities. However, after redefining “Lost Business” with the DMO, OVG updated the lead tracking procedures and those prospects that went past the potential event dates are now marked as lost. So, while the lower number of prospects seems to reflect worse business conditions, it will likely result in keeping the prospects fresh for the sales managers. It will also lead to improved accuracy in prospect reporting. OVG 360 will continue to put an emphasis on prospecting and generating leads for Priority 3 business aiming to convert 20% of those prospects into tentative
1 business. Of those tentative events, OVG 360 strives
to reach a conversion rate of 20% into definite2 business throughout the fiscal year.

1 A tentative is defined as having dates held and/or proposals issued to the client. 2 A definite is realized when a client signs its Use License Agreement for an event at Convention Center.

Santa Clara Convention Center FY 2023/24 2nd Quarter Report Page 11 of 17

Key Performance Indicators (KPIs)

Gross revenue was $5,535,047 and net income was $862,575 for Q2. Through the second quarter, the event mix shows the Convention Center hosted eleven of its targeted P3’s, twenty of its P4 goal and 81 of its P5 mark.

 Priority 1 (P1) event – Large multi-day convention and/or conference t hat utilizes all venue space at the Convention Center, utilizes significant venue services such as food and beverage, audio-visual and information technology, and draws a substantial number of out-of-town visitors that stay in multiple Santa Clara hotels.

Based on projected combined building spend and peak hotel room nights booked, has an 18+ month booking window.
 Priority 2 (P2) event – Primarily large multi-day conven tion and/or conference that utilizes most of the venue space at the Convention Center, utilizes venue services such as food and beverage, audio-visual and information technology, and draws out of town visitors that stay in multiple Santa Clara hotels. Based on projected combined building spend and peak hotel room nights booked, has a 12 – 18 month booking window.  Priority 3 (P3) event – Multiple or single day event t hat utilizes space at the Convention Center. Attendance and out of town visitors are less than for a P1 or P2. Examples of P3 events may include trade shows, consumer shows, smaller conventions/conferences, and sporting events. Based on projected combined building spend and peak hotel room nights booked, has a 9 – 12 month booking window.  Priority 4 (P4) event – Typically a one- or two-day ev ent that utilizes space at the Convention Center. Attendees are primarily local. Special events (e.g., graduations), smaller meetings and/or smaller trade and consumer shows are examples of P4 events. Based on projected combined building spend and peak hotel room nights booked, has a 6 – 9 month booking window.
 Priority 5 (P5) event – Usually a single day event. Exampl es of P5 events are banquets, galas, other social type events and meetings. Based on projected combined building spend and peak hotel room nights booked, has a 0 – 6 month booking window.

Performance Measures
2023/24
Target YTD NOTES
$15,663,770 $9,095,303

2. Net Income $104,174 $1,185,384
26,591 11,549

4. Economic Impact $24,444,969 $24,626,994
85% - Reported at year-end

0.5% 0.00%
10 1.0% 0.88%
21 15.0% 9.73%
33 11

19.5% 17.70%
43 20

64.0% 71.68%
141 81
Total Events 220 113

7. Community Benefit
21 60% 0% Reported at year-end
20% 0% Reported at year-end
220 252 Average for the year of P3, P4, P5
OVG Venue Management – Santa Clara Convention Center

8. Number of Prospects (active) (non-cumulative)
Percent of Center employees that volunteer in the communit y Percent of small, local and M/WBE businesses/vendors
Number of collaborative, community-based events hosted at the Center Percent of P5 Events
Number of P5 Events

6. Event Mix at the Convention Center (consumed)
Percent of P1 Events
Number of P1 Events
Percent of P4 Events
Number of P4 Events
Percent of P3 Events
Number of P3 Events
Percent of P2 Events
Number of P2 Events

5. Customer Service Survey Results (overall satisfaction)

3. Number of Room Nights Consumed

1. Convention Center Gross Revenue

Santa Clara Convention Center FY 2023/24 2nd Quarter Report Page 12 of 17

Forecast

SANTA CLARA CONVENTION CENTER
ROLLING FORECAST
FY 2023/2024

ACTUAL YTD PROJECTED TOTAL ORIGINAL
Jul ‐ Dec Jan ‐ Jun PROJECTED BUDGET VARIANCE FY 2024 FY 2024 FYE 6/30/24 FYE 6/30/24

# OF EVENTS 113 94 207 220 (13)

DIRECT EVENT INCOME $ 2,131,846 $ 2,010,771 $ 4,142,617 $ 4,348,664 $` (206,047) ANCILLARY INCOME 1,470,615 831,646 2,302,261 1,872,840 429,421 TOTAL NET EVENT INCOME 3,602,461 2,842,417 6,444,878 6,221,504 223,374 OTHER INCOME 197,913 100,000 297,913 163,770 134,143

EXECUTIVE 152,447 227,855 380,302 437,636 57,334 MARKETING 182,274 262,653 444,927 466,447 21,520 FINANCE 202,823 286,627 489,450 547,041 57,591 EVENTS OPERATIONS 180,499 260,582 441,081 463,116 22,035 OPERATIONS 1,300,442 1,857,180 3,157,622 2,854,867 (302,755) OVERHE
AD 596,505 988,925 1,585,432 1,511,997 (73,433) TRANSITION COSTS ‐ ‐ ‐ ‐ ‐ INDIRECT EXPENSES 2,614,990 3,883,822 6,498,812 6,281,104 (217,708)

OPERATING NET INCOME (LOSS) 1,185,384 (941,405) 243,979 104,170 139,809 NET INCOME (LOSS) $ 1,185,384 $ (941,405) $ 243,979 $ 104,170 $ 139,809

The Center operated at a profit of $1,185,384 through Q2 as a result of higher audio- visual and electrical revenues. For the remainder of FY 2023/24, revenues are projected at a $941,405 loss resulting in an overall profit of $243,979 for the fiscal year. If these projections hold, the Center will exceed its budgeted profit of $104,170 by $139,809.

While this number is fluid, OVG 360 anticipates that the projected profit will continue to increase in the coming months due to new business bookings scheduled in the year and for the year.

Santa Clara Convention Center FY 2023/24 2nd Quarter Report Page 13 of 17

FY 2023/24 Capital Improvement Projects (CIP)

CIP Project Updates

 OVG 360 issued a revised memo addressing the ongoing challenges with the Air Wall System in the Grand Ballroom.
 OVG 360 finalized its agreement with Kitchell to conduct a comprehensive Electrical Assessment of the Convention Center.
 Following the withdrawal of OV G 360's original electrical contractor for the Digital Signage project, an RFB was issued; however, OVG did not receive any responsible bidders. Under the City's guidance, OVG reached out to electrical contractors directly for quotes, and OVG 360 is in discussion with a potential electrical contractor.
 OVG 360 GM, working with the City’s C ontract Administrator, prepared and presented an updated 5-year Capital Plan. The full list was reorganized based on project priority.
 Levy successfully completed the Refri geration Project for the Main Kitchen, upgrading all refrigerators and freezers.
 OVG 360 operations team conducted a tw o-day walkthrough of the Center’s electrical system in collaboration with the Kitchell contractor.  Council approved the allocation of $90, 000 for a roof assessment. The RFB will be released in Q3.

Santa Clara Convention Center FY 2023/24 2nd Quarter Report Page 14 of 17

CIP Project Budget

Proj. # Project Name Phase CITY/OVG 360

REV ISED BUDGET
LEV Y TOTAL BUDGET Actual Exp. Balance
003 Convention Center HVAC - BMS System Completed FY 2019/20 $ 20,450 $ - $ 20,450 $ 20,450 $ - 004 Convention Center HVAC Portable A/C Units Completed FY 2020/21 $ 75,350 $ - $ 75,350 $ 75,350 $ - 005 Convention Center Security System Completed FY 2021/22 $ 172,831 $ - $ 172,831 $ 172,831 $ - 006 Convention Center Lobby Roof (Glass
Pyramids) Assessment and R epair
Completed FY 2021/22 $ 479,300 $ - $ 479,300 $ 479,300 $ - 008 Convention Center Interior Digital Signage
and D isplay System
Implementation $ 1,035,386 $ - $ 1,035,386 $ 813,205 $ 222,181 009 Convention Center Interior Paint Completed FY 2021/22 $ 648,052 $ - $ 648,052 $ 648,052 $ - 012 Convention Center Riding Vacuum Purchase Completed FY 2019/20 $ 31,238 $ - $ 31,238 $ 31,238 $ - 013 Convention Center Carpet Replacement Completed FY 2021/22 $ 1,509,869 $ 241,856 $ 1,751,725 $ 1,751,725 $ - 014 Balance - Contingency (E lectrical - $ 137,524 $ - $ 137,524 $ 34,474 $ 103,050 015 Kitchen/Tech Café/Stand B Planning $ - $ 1,757,065 $ 1,757,065 $ 297,872 $ 1,459,193 016 R oof Assessment Planning $ 90,000 $ - $ 90,000 $ - $ 90,000 TOTAL $ 4,200,000 $ 1,998,921 $ 6,198,921 $ 4,324,497 $ 1,874,424

Santa Clara Convention Center FY 2023/24 2nd Quarter Report Page 15 of 17

Community Involvement

 OVG 360 employees continued to volunteer for the Academy of Travel & Tourism program at Milpitas High School as mentors and judges. This program is a small learning community that focuses on Hospitality, Tourism, and Recreation in partnership with local businesses.

 OVG 360 organized a "Warm Coat Drive" in November for the Opening Doors organization's Operation REACH. This initiative aims to provide assistance to homeless individuals seeking support services in the downtown business corridor. Our mobile unit helps homeless residents find emergency shelter, clothing, showers, laundry service, meals, medical services, case management, employment training, and more.

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Santa Clara Convention Center FY 2023/24 2nd Quarter Report Page 16 of 17

 The OVG 360 team hosted the 2 nd Annual Frosty Fest in partnership with Levy and other SCCC partners. Over 1,200 people registered for the event; 32% of which were residents of Santa Clara. Frosty Fest featured activities such as gingerbread man cookie decorating, arts and crafts, games, a scavenger hunt throughout the SCCC, and performances by local groups, including the Santa Clara City Library, Montage Dance, the New Ballet of San Jose, the Salvation Army, Palo Alto Players, and more. The event brought together residents for an evening filled with festive joy and community spirit.

Santa Clara Convention Center FY 2023/24 2nd Quarter Report Page 17 of 17

Santa Clara Convention Center
5001 Great America Parkway
Santa Clara, CA 95054
Tel: (408) 748-7000
www.santaclaraconventioncenter.com
General Manager: Kelly Carr
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-161 Agenda Date: 3/19/2024

REPORT TO COUNCIL

SUBJECT
Action on the City of Santa Clara Federally Funded Grants’ Single Audit Report for Fiscal Year 2022- 23 COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
The City’s annual financial statement audit includes a federally mandated “Single Audit”, which is designed to meet the special reporting requirements of federal granting agencies. These include those requirements set forth in 2CFR Part 200 which establishes uniform administrative requirements, cost principles, and audit requirements for Federal awards to non-Federal entities. The Single Audit rules require that an independent audit on the fair presentation of the financial statements and internal controls for compliance with the administrative requirements of federal awards for agencies with more than $750,000 of federal grant expenditures in a fiscal year. Since the City met this $750,000 threshold, the City hired Maze & Associates to conduct the audit. The Single Audit report is attached.

On February 28, 2024, City staff and Maze & Associates met with the City Council Audit Committee (Committee), which included. Committee members Watanabe, Jain, and Park. During the Committee meeting, Maze & Associates gave a presentation about the audit process, scope of work, and their auditor’s opinion. City staff and Maze & Associates answered questions from Committee members.

The Committee unanimously accepted the Single Audit Report presented at the Committee meeting and recommended that the City Council note and file the report at the March 19, 2024 Council meeting. After the Council meeting, the Single Audit Report will be published on the City’s website.

DISCUSSION
Based on their audit, Maze & Associates issued an unmodified opinion with regard to the fair presentation of the financial statements and the City’s compliance with internal control requirements.

For Fiscal Year 2022-23, Maze & Associates identified the Community Development Block Grant Program (CDBG) of the United States Department of Housing and Urban Development (HUD) - as the major program to audit. The audit contained one noncompliance finding relating to the CDBG’s timely expenditure requirements. This noncompliance finding partly arises from the above average monies received which approximately equal 1.5 times the most recent grant. To address this issue, staff developed a comprehensive plan (attached Corrective Action Plan) to expend the funds in a timely manner to ensure compliance with the next HUD Timeliness Test.

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24-161 Agenda Date: 3/19/2024
Additionally, the Single Audit rules also require the City to report on the status of any audit findings that were identified during the previous year. The Single Audit for FY 2021-22 resulted in a finding related to the grant deadline reporting requirements for the Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) program. The City has corrected these issues as outlined in the attached Summary Schedule of Prior Audit Findings.

ENVIRONMENTAL REVIEW
This item does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15060(c)(1) as it does not involve the exercise of discretionary powers by the City Council.

FISCAL IMPACT
The staff and the external auditor costs associated with the audit and financial reports production are included in the annual budget.

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
Note and file the City of Santa Clara Single Audit Report for the year ended June 30, 2023, as recommended by the City Council Audit Committee.

Reviewed by: Kenn Lee, Director of Finance
Approved by: Jovan D. Grogan, City Manager

ATTACHMENTS

1. Single Audit Report June 30, 2023

2. Single Audit Current Year Finding - Corrective Action Plan

3. Summary Schedule of Prior Audit Findings
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CITY OF SANTA CLARA

SINGLE AUDIT REPORT
FOR THE YEAR ENDED JUNE 30, 2023

This Page Left Intentionally Blank

CITY OF SANTA CLARA

SINGLE AUDIT REPORT
For the Year Ended June 30, 2023

TABLE OF CONTENTS
Page
Schedule of Findings and Questioned Costs .............................................................................. 1 Section I – Summary of
Auditor’s Results ......................................................................... 1 Section II – Financial Statement Findings .......................................................................... 2 Section III – Federal Award Findings and Questioned Costs ............................................. 2 Schedule of Expenditures of Federal Awards ............................................................................ 3 Notes to the Schedule of Expenditures of Federal Awards ....................................................... 4 Independent Auditor’s Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards ................... 5 Independent Auditor's Report on Compliance for Each Major Program and on Internal Control Over Compliance; and Report on the Schedule of Expenditures of Federal Awards Required by the Uniform Guidance ................................................ 7 This Page Left Intentionally Blank

CITY OF SANTA CLARA

SCHEDULE OF FINDINGS AND QUESTIONED COSTS
For the Year Ended June 30, 2023
SECTION I – SUMMARY OF AUDITOR’S RESULTS
SECTION I—SUMMARY OF AUDITOR’S RESULTS
Financial Statements
Type of report the auditor issued on whether the financial statements audited were prepared in accordance with GAAP Unmodified Internal control over financial reporting:
• Material weakness(es) identified? Yes X No
• Significant deficiency(ies) identified? Yes X
None
Reported
Noncompliance material to financial statements noted? Yes X No Federal Awards
Internal control over major federal programs:
• Material weakness(es) identified? Yes X No
• Significant deficiency(ies) identified? Yes X
None
Reported
Type of auditor’s report issued on compliance for major federal programs: Unmodified
Any audit findings disclosed that are required to be reported in accordance with 2 CFR 200.516(a)? Yes X No
Identification of major program(s):

Assistance
Listing
Number(s) Name of Federal Program or Cluster

14.218 Community Development Block Grant – Entitlement Grants Dollar threshold used to distinguish between type A and type B programs: $750,000
Auditee qualified as low-risk auditee? X Yes No
1 SECTION II – FINANCIAL STATEMENT FINDINGS
Our audit did not disclose any significant deficiencies , material weaknesses or instances of noncompliance material to the basic financial statements. We have also issued a separate Memorandum on Internal Control dated November 30, 2023, which is an integral part of our audits and should be read in conjunction with this report.

SECTION III – FEDERAL AWARD FINDINGS AND QUESTIONED COSTS Our audit disclosed the following finding required to be reported in accordance with Uniform Guidance:

Finding reference number: SA 2023-001
Assistance Listing Number: 14.218
Assistance Listing Title: Community Development Block Grant – Entitlement Grants Name of Federal Agency: U.S. Department of Housing and Urban Development Criteria: As required by 24 CFR Section 570.902 of the Community Development Block Grant (CDBG) regulations, A grantee is considered not in compliance if, 60 days prior to the end of its program year, the balance in the grantee’s line of credit, plus the balance of program income on hand, is more than 1.5 times of the most recent entitlement grant.

Condition: The U.S. Department of Housing and Urban De velopment San Francisco Regional Office reviewed Santa Clara’s compliance with requirements for carrying out a CDBG Program in a timely manner and noticed the City of the following conditions:
• Prior to the next 60-day test to be conducted on May 2, 2024, it was calculated that the City’s community has an adjusted line of credit balance of 3.07 times its annual grant. • The last 60-day test conducted on May 2, 2023, indica ted an adjusted line of credit balance of 2.38 times its annual grant.
• On May 2, 2022, the City had an adjusted line of credit balance of 1.90 times its annual grant.

Therefore, the Office notified the City that it is at risk of non-compliance with the 1.5 performance standard for the third consecutive year.

Effect: The City is at risk of not carrying out its CDBG program in a timely manner for the third consecutive year. The City’s future CDBG grant may be reduced by the dollar amount by which the 1.5 timeliness expenditure standard was exceeded.

Cause: The City was aware of the situation and has been trying to accelerate CDBG spending but has been unable to catch up due to various delays related to si x awarded capital projects. Delays were due to some applicants needing to secure lender approval before committing to the project, needing time for a consultant to determine if flood insurance is required, needing additional time to develop a new bid packet and CIP contract, a six-month delay to secure parts for elevator repairs, and insufficient staff capacit y to push forward all six projects at once.

Identification as a repeat finding: No
Recommendation: We recommend that the City treat this fi nding as a high priority and address the incompliance accordingly to avoid potential future reduction of the CDBG grant funding.

View of Responsible Officials and Planned Corrective Actions: Please see the Corrective Action Plan separately prepared by the City.
2 CITY OF SANTA CLARA

SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
For the Fiscal Year Ended June 30, 2023
Federal
Assistance Pass-Throu gh Pass-Throu gh
Federal Grantor/ Listing Identifying To Federal
Pass-Through Grantor/Program or Cluster Title Number Number Subreci pients Ex penditures U.S. Department of Housing and Urban Development Direct Programs CDGB– Entitlement Grants Cluster
Community Development Block Grant - Entitlement Grants 14.218 Program expenditures $288,047 $937,490
Home Investment Partnerships Program 14.239 565,885 604,344 Total U.S. Department of Housing and Urban Development 853,932 1,541,834 U.S. Department of Justice Direct Programs
Equitable Sharing Program 16.922 44,953
Total U.S. Department of Justice 44,953
U.S. Department of Transportation Pass-Through Programs From:

Metropolitan Transportation Commission
Highway Planning and Construction
Priority Development Area Planning Grant 20.205 1812 529,409 Highway Safety Cluster
State of California Office of Traffic Safety
State and Community Highway Safety 20.600 402PT-22/402PS-23 19,154 Minimum Penalties for Repeat Offenders for Driving
While Intoxicated 20.608 164AL-22 4,364
Subtotal for Highway Safety Cluster: 23,518
Total U.S. Department of Transportation 552,927
U.S. Department of Homeland Security
Direct Program:

Federal Emergency Management Agency
COVID-19 - Assistance to Firefighters Supplemental Grant 97.044 190,293 Pass-Through Programs From:

California Task Force 3 Urban Search and Rescue
National Urban Search and Rescue Response System 97.025 CA-TF3 48,539 County of Santa Clara Office of Emergency Services
2019 Emergency Management Performance Grants 97.042 2019-003 / 085-00000 34,734 County of Santa Clara Office of Emergency Services
Homeland Security Grant Program (HSGP) 97.067 SHSGP 444,307 Subtotal for pass-through programs: 527,580
Total U.S. Department of Homeland Security 717,873
Total Expenditures of Federal Awards $853,932 $2,857,587 See Accompanying Notes to Schedule of Expenditures of Federal Awards 3 CITY OF SANTA CLARA

NOTES TO THE SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS For the Year Ended June 30, 2023
NOTE 1 – REPORTING ENTITY
The Schedule of Expenditure of Federal Awards (the Schedule) includes expenditures of federal awards for the City of Santa Clara, California, an d its component units as disclosed in the notes to the Basic Financial Statements, except for federal awards of the Santa Clara Stadium Authority (Stadium Authority). Federal awards expended by the Stadium Authority, if any, are excluded from the Schedule and are subject to a separate Single Audit performed by other auditors.

NOTE 2 – SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Basis of accounting refers to when revenues and expenditures or expenses are recognized in the accounts and reported in the financial statemen ts, regardless of the measurement focus applied. The governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting . The proprietary and fiduciary fund fina ncial statements are reported using the economic resources measurement focus and the accrual basis of accounting. Expenditures of Federal Awards reported on the Schedule are recognized when incurred.

NOTE 3 – INDIRECT COST ELECTION
The City has elected not to use the 10% de minimis indirect cost rate allowed under the Uniform Guidance. 4 INDEPENDENT AUDITOR’S REPORT ON

INTERNAL CONTROL OVER FINANCIAL REPORTING

AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN

AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE

WITH GOVERNMENT AUDITING STANDARDS
To the Honorable Members of the City Council
City of Santa Clara, California
We
have audited, in accordance wi th the auditing standards generall y accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United Stat es, the financial statements of the governmental activities, the business-type activities, each major fund , and the aggregate remain ing fund information of the City of Santa Clara as of and for the year ended June 30, 2023, and the related notes to the financial statements, which collectively comprise the City’s ba sic financial statements, a nd have issued our report thereon dated November 30, 2023.

Our report includes a reference to other auditors who au dited the financial statements of the City of Santa Clara Stadium Authority for the year ended March 31, 2023 and a reference to other auditors who audited the financial statements the Nort hern California Power Agency, Tr ansmission Agency of Northern California and San Jose-Santa Clara Regional Wastew ater Facility and Clean Water Financing Authority as of and for the year ended June 30, 2022, related to the calculation of the Investments in Joint Ventures, as described in our report on the City’s financial stat ements. This report includes our consideration of the results of the other auditors’ testin g of internal control over financia l reporting and compliance and other matters that are reported on separately by those other auditors. However, this report, insofar as it relates to the results of the other auditors, is based solely on the reports of the other auditors. Our report also included an emphasis of a matter paragraph disclosing the implementation of new accounting principles.

Report on Internal Control over Financial Reporting
In planning and performing our audit of the financial statements, we considered the City’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial st atements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal co ntrol. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control.

A deficiency in internal control exists when the design or opera tion of a control does not allow management or employees, in the normal course of performing their a ssigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable poss ibility that a material misstatement of the City’s financial statements will not be prevente d, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important en ough to merit attention by those charged with governance.
5 Accountancy Corpo ration
3478 Buskirk Avenue, Suite 217
Pleasant Hill, CA 94523
r 925.228.2800
E [email protected]
w mazeassociates.com
Our consideration of internal control was for the lim ited purpose described in the first paragraph of this section and was not designed to identify all deficien cies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we and the other auditors did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses or significant deficiencies may exist that were not identified.

Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City’s financial statements are free from material misstatement, we performed tests of its comp liance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinio n on compliance with thos e provisions was not an objective of our audit, and accordingly , we do not express such an opini on. The results of our tests and those of the other auditors disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.

We have also issued a separate Me morandum on Internal Control date d November 30, 2023, which is an integral part of our audit and should be read in conjunction with this report.

Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the result of that testing, and not to provide an opinion on the effectivenes s of the City’s internal control or on compliance. This report is an integr al part of an audit performed in accordance with Government Auditing Standards in considering the City’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

Pleasant Hill, California
November 30, 2023
6 INDEPENDENT AUDITOR'S REPORT

ON COMPLIANCE FOR EACH MAJOR PROGRAM
AND ON INTERNAL CONTROL OVER COMPLIANCE;

AND REPORT ON THE SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS

REQUIRED BY THE UNIFORM GUIDANCE
To the Honorable Members of the City Council
City of Santa Clara, California
Report on Compliance for Each Major Federal Program
Opinion on Each Major Federal Program
We have audited City of Santa Clara’s compliance with the types of compliance requirements identified as subject to audit in the OMB Compliance Supplement that could have a direct and material effect on each of the City’s major federal programs for the y ear ended June 30, 2023. The City’s major federal programs are identified in the summary of auditor’s results section of the accompanying Schedule of Findings and Questioned Costs.

The City of Santa Clara’s basic financial statements include the operations of the Santa Clara Stadium Authority (Stadium Authority), which is not included in the Schedule during the year ended June 30, 2023. Our audit, described below, did not include the operations of the Stadium Authority, because the Stadium Authority engaged other auditors.

In our opinion, the City complied, in all material respects, with the compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended June 30, 2023.

Basis for Opinion on Each Major Federal Program
We conducted our audit of complian ce in accordance with auditing stan dards generally accepted in the United States of America (GAAS); the standards applicable to financial audits contained in Government
Auditing Standards, issued by the Comptroller Ge neral of the United States ( Government Auditing Standards); and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Co st Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Our responsibilities under those standards and the Uniform Guidance are further described in the Auditor’s Responsibilities for the Audit of Compliance section of our report.

We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with relevant ethical requirements relating to our au dit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion on compliance for each major federal program. Our audit does not provide a legal determination of the City’s compliance with the compliance requirements referred to above.

Responsibilities of Management for Compliance
Management is responsible for compliance with the requirements referred to above and for the design, implementation, and maintenance of effective internal control over compliance with the requirements of laws, statutes, regulations, rules and provisions of cont racts or grant agreements applicable to the City’s federal programs.
7 Accountancy Corporat ion
3478 Buskirk Avenue, Suite 217
Pleasant Hill, CA 94523
T 925.228.2800
E [email protected]
w mazeassociates .com
Auditor’s Responsibilities for the Audit of Compliance
Our objectives are to obtain reasonable assuran ce about whether material noncompliance with the compliance requirements referred to above occurred , whether due to fraud or error, and express an opinion on the City’s compliance based on our audit. Reasonable assurance is a high level of assurance but is not absolute assurance and th erefore is not a guarantee that an audit conducted in accordance with GAAS, Government Auditing Standards, and the Uniform Guidance w ill always detect material noncompliance when it exists. The ri sk of not detecting material nonc ompliance resulting from fraud is higher than for that resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal cont rol. Noncompliance with the compliance requirements referred to above is considered mate rial, if there is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a r easonable user of the report on compliance about the City’s compliance with the requirements of each major federal program as a whole.

In performing an audit in accordance with GAAS, Government Auditing Standards, and the Uniform Guidance, we:
• Exercise professional judgment and maintain professional skepticism throughout the audit. • Identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the City’s compliance with the compliance requirements referred to above and performing such other procedures as we considered necessary in the circumstances. • Obtain an understanding of the Ci ty’s internal control over compliance relevant to the audit in order to design audit procedures that are appropriate in the circumstances and to test and report on internal control over compliance in accordance with the Uniform Guid ance, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control over compliance. Accordingly, no such opinion is expressed.

We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and any significant deficiencies and material weaknesses in internal control over compliance that we identified during the audit.

Other Matters
The results of our auditing procedur es disclosed instances of noncomp liance which are required to be reported in accordance with the Uniform Guidance and which are described in the accompanying Schedule of Findings and Questioned Costs as ite m SA 2023-001. Our opinion on each major federal program is not modified with respect to these matters.

Government Auditing Standards require the auditor to perform limite d procedures on the City’s response to the noncompliance findings identified in our compliance audit described in the accompanying Schedule of Findings and Questioned Costs. The City’s response was not subjected to the other auditing procedures applied in the audit of compliance and, accordingly, we express no opinion on the response. 8 Report on Internal Control Over Compliance
A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal cour se of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance w ith a type of compliance requirement of a federal program will not be prevented, or det ected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet impo rtant enough to merit attention by those charged with governance.

Our consideration of internal control over complia nce was for the limited purpose described in the Auditor’s Responsibilities for the Audit of Compliance section above and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies in internal control over compliance. Given these limitations, during our audit we did not identify any deficiencies in internal control over comp liance that we consider to be material weaknesses, as defined above. However, material weaknesses or significant deficiencies in internal control over compliance may exist that were not identified.

Our audit was not designed for the purpose of expres sing an opinion on the effectiveness of internal control over compliance. Accordingly, no such opinion is expressed.

The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the resu lts of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose. 9 Report on Schedule of Expenditures of Federal Awards Required by the Uniform Guidance We have audited the financial statements of the gove rnmental activities, the business-type activities, each major fund, and the aggregate remainin g funds information of the City as of and for the year ended June 30, 2023, and the related notes to the financial stat ements, which collectively co mprise the City’s basic financial statements. We issued our report ther eon dated November 30, 202 3, which contained an unmodified opinion on those financial statements. Ou r report includes a reference to other auditors who audited the financial statements of the City of Sa nta Clara Stadium Authority for the year ended March 31, 2023 and a reference to other auditors who audited the financial statements the Northern California Power Agency, Transmission Agency of Northern California and Sa n Jose-Santa Clara Regional Wastewater Facility and Clean Water Financing Author ity as of and for the year ended June 30, 2022, related to the calculation of the Investments in Joint Ventures, as described in our report on the City’s financial statements. Our report, in so far as it relate s to the results of the othe r auditors, is based solely on the report of the other auditors. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the basic financial statements. The accompanying schedule of expenditures of federal awards is presented for pur poses of additional analysis as required by the Uniform Guidance and is not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The info rmation has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financia l statements or to the basic financial statements themselves, and other additional proc edures in accordance with auditi ng standards generally accepted in the United States of America. In our opinion, the sc hedule of expenditures of federal awards is fairly stated, in all material respects in relation to the basic financial statements as a whole.

Pleasant Hill, California
February 1, 2024
10 1500 Warburton Avenue ● Santa Clara, CA 95050 ● Phone 408-615-2450 ● Fax: 408-247-9857 ● SantaClaraCA.gov Community Development

SINGLE AUDIT
FOR THE YEAR ENDED JUNE 30, 2023

CORRECTIVE ACTION PLAN

FINANCIAL STATEMENT FINDINGS - CURRENT YEAR

There were no current year financial statement findings.

FEDERAL AWARD FINDINGS - CURRENT YEAR

Finding Reference Number: SA2023-01
Assistance Listing Number: 14.218
Assistance Listing Title: Community Development Block Grant – Entitlement Grants (CDBG) Name of Federal Agency: U.S. Department of Housing and Urban Development (HUD) Fiscal Year of Initial Finding: 2023
Name of the contact person: Adam Marcus, Housing & Community Services Division Manager Corrective Action Plan:

The City has taken the appropriate actions to correct the issues related to the finding. In the City’s 2024-25 HUD Annual Action Plan, the City proposes the following activities to meet the HUD Timeliness Test at the beginning of May 2025:
 Continue to maximize spending on public service projects in Fiscal Year 2024-2025 (approximately $150,000)
 Increase the allocation for the Neighborhood Conservation and Improvement Program (NCIP) major single family home repair program from $352,000 to $500,000. With pandemic fears subsiding, residents are now open to having workers in their home. The NCIP now has a waitlist of residents wanting work completed on their home. NCIP major repair loans have historically been an efficient way to spend CDBG capital dollars.
 Increase the allocation for the NCIP minor single family home repair program from $100,000 to $150,000 due to the program’s rising demand.
 Allocate $600,000 for the construction of ADA curb ramps in partnership with the Department of Public Works.

In addition to the above actions, staff will continue to push forward the following four capital projects that are already in progress with the goal of distributing at least $1 million by the beginning of May 2025:

 Liberty Tower two elevator upgrades (funded for $850,000)  Bill Wilson Center elevator upgrade (funded for $266,000) City of
Santa Clara
The Center of What 's Possible
Corrective Action Plan
February 16, 2024

Page 2 of 2 ends

 Silicon Valley Independent Living Center – affordable housing rehabilitation (funded for $56,000)  Riverwood Grove Affordable Housing – electrical panel upgrades (funded for $350,000)

The above actions are intended to bring the City into compliance with expenditures through April 30, 2025 just before the next HUD Timeliness Test at the beginning of May 2025.

Anticipated Completion Date: March 31, 2025

1500 Warburton Avenue ● Santa Clara, CA 95050 ● Phone: 408-615-2340 ● Fax: 408-243-8687 ● SantaClaraCA.gov Finance Department

SINGLE AUDIT
FOR THE YEAR ENDED JUNE 30, 2023

SUMMARY SCHEDULE OF PRIOR AUDIT FINDINGS

FINANCIAL STATEMENT FINDINGS – PRIOR AUDIT

There were no prior year financial statement findings.

FEDERAL AWARD FINDINGS – PRIOR AUDIT

Finding Reference Number: SA2022-001 Compliance with Grant Deadlines Assistance Listing Number: 21.027
Assistance Listing Title: COVID-19 - Coronavirus State and Local Fiscal Recovery Funds
Name of Federal Agency: Department of Treasury
Federal Award ID Number: COVID-19 – SLFRP0002
COVID-19 – 68-0283471
COVID-19 – 68-0281986

Name of Pass-Through Entity: State of California Department of Community Services California State Water Resources Control Board

Name(s) of the contact person: Gary Welling, Director of Water & Sewer Utilities Water and Sewer
Manuel Pineda, Chief Electric Utility Officer

Fiscal Year of Initial Finding: 2021-2022

Corrective Action Plan:

Implemented. The City has taken action and corrected the issues related with this finding.

The City has also taken steps to improve business processes to prevent this issue from occurring again. Staff are required to develop a checklist to manage the reporting and compliance requirements for the grant that they manage to ensure that the City meets the grant’s reporting requirements. Since the City provided corrective action and there is no impact to future funding, Department of Community Services & Development decided to close the finding on 7/13/2023.

Completion Date:

July 13, 2023

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
24-106 Agenda Date: 3/19/2024

REPORT TO COUNCIL

SUBJECT
Action on Purchase Orders with Sixty-3 Trucking, Dominguez & Sons Trucking, Inc., and Chris Wortman Excavation to Provide High-Side Dump Truck Hauling Services for the Cleanup Campaign

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The Department of Public Works (DPW) has conducted the annual Cleanup Campaign (CUC) since 1961. The primary mission of the program is to remove unwanted debris set out by about 33,000 households as safely and swiftly as possible. Based on recent figures, this program is disposing of approximately 5,000 - 6,000 tons of debris annually.

Each year, DPW utilizes contractors and as-needed employees, in addition to City maintenance staff, to successfully complete the CUC within a four-week timeframe. The majority of CUC debris collected is loaded into high-side dump trucks and transported to a disposal facility. DPW utilizes 24 high-side dump trucks to fully staff eight collection crews each year. DPW contracts with contractors to provide high-side dump trucks, as the City does not own or operate any such vehicles.

DISCUSSION
Pursuant to City Code Section 2.105.140(d), a formal Request for Bids (RFB) was conducted as the solicitation method for this procurement with award going to the lowest responsive and responsible bidders.

In December 2023, staff published the RFB for Annual Cleanup Campaign High-Side Dump Truck Hauling Services using the City’s e-procurement platform. Bidders were required to submit their fully loaded hourly rate, inclusive of the high-side dump truck and one driver, along with the number of high-side dump trucks they would have available for the CUC. Six responsive bids were received as listed in Table 1 below, in order from the lowest to the highest hourly rate.

Table 1
Bidder Name Number of
Trucks Available
Hourly Rate
Sixty-3 Trucking 4 $115.00
Dominguez & Sons Trucking, Inc. 15 $125.00
Chris Wortman Excavation 5 $128.00
Alviso Rock, Inc. 6 $132.75
CB Roadways, Inc. 24 $149.49
Rapid Trans LLC 24 $154.00City of Santa Clara Printed on 3/15/2024Page 1 of 3 powered by Legistar™
24-106 Agenda Date: 3/19/2024
Bidder Name Number of
Trucks Available
Hourly Rate
Sixty-3 Trucking 4 $115.00
Dominguez & Sons Trucking, Inc. 15 $125.00
Chris Wortman Excavation 5 $128.00
Alviso Rock, Inc. 6 $132.75
CB Roadways, Inc. 24 $149.49
Rapid Trans LLC 24 $154.00
Staff recommends awarding Purchase Orders to Sixty-3 Trucking, Dominguez & Sons Trucking, Inc., and Chris Wortman Excavation, as the lowest responsive and responsible bidders. Collectively, these three firms are able to provide the 24 trucks required by the City. The RFB included language allowing the City to issue multiple awards at its sole discretion, if determined to be in the City’s best interest.

Compensation under each Purchase Order is based on the hourly rates listed in Table 1 above.

Based on an estimated requirement of 171 hours per truck during the CUC, the maximum compensation is estimated at $78,660 for Sixty-3 Trucking; $320,625 for Dominguez & Sons Trucking, Inc.; and $109,440 for Chris Wortman Excavation. The total maximum aggregate amount for the three Purchase Orders is $508,725.

The Purchase Orders include prevailing wage requirements, and the initial term of the Purchase Orders is one year plus two one-year options to extend the term of the Purchase Orders, for a total of three years. The hourly rates are fixed for the first year. For the two option years, the hourly rates will increase by 3 percent, or the percentage change to the Department of Industrial Relations basic hourly rate set forth in its wage determination, whichever is greater on January 1 of each year.

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 aggregate amount to be paid to contractors under Purchase Order Agreements for high-side dump truck hauling services during the 2024 CUC shall not exceed $508,725. Funding for these Purchase Orders is available in the Solid Waste Fund’s FY 2023/24 Adopted Operating Budget.

Funding for the 2025 and 2026 CUCs is subject to future Council appropriations.

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

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

RECOMMENDATION

1. Authorize the City Manager to execute Purchase Orders with Sixty-3 Trucking in the not-to- exceed amount of $78,660; Dominguez & Sons Trucking, Inc. in the not-to-exceed amount of City of Santa Clara Printed on 3/15/2024Page 2 of 3
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$320,625; and Chris Wortman Excavation in the not-to-exceed amount of $109,440 to provide high-side dump truck hauling services for the City’s 2024 Cleanup Campaign for a total maximum aggregate amount of $508,725 to be funded by the Solid Waste Fund, in final forms approved by the City Attorney;

2. Authorize the City Manager to amend the not-to-exceed amounts of the Purchase Orders with Sixty-3 Trucking, Dominguez & Sons Trucking, Inc., and Chris Wortman Excavation provided that the total maximum aggregate amount of $508,725 is not exceeded, in final forms approved by the City Attorney;

3. Authorize the City Manager to (a) exercise up to two one-year options to extend the term of the Purchase Orders with Sixty-3 Trucking, Dominguez & Sons Trucking, Inc., and Chris Wortman Excavation; (b) adjust the hourly rates by 3 percent or the percentage change to the Department of Industrial Relations basic hourly rate set forth in its wage determination, whichever is greater on January 1 of each year; and (c) increase the total maximum aggregate amount approved by the City Council in the City’s operating budget for the fiscal year, subject to the appropriation of funds, in final forms approved by the City Attorney; and

4. Authorize the City Manager to execute Purchase Orders with Alviso Rock, Inc. in the event Sixty-3 Trucking, Dominguez & Sons Trucking, Inc. or Chris Wortman Excavation is unable to provide the services, subject to the total maximum aggregate amount and the appropriation of funds, in final forms approved by the City Attorney.

Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Jovan Grogan, City Manager
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-36 Agenda Date: 3/19/2024

REPORT TO COUNCIL

SUBJECT
Authorize the City Manager to Negotiate and Execute a Facilities Solutions Agreement and Any Other Agreements or Required Actions to Rent Uniforms and Associated Facilities Items, Purchase Uniforms and Facilities Items, and Secure Associated Services from Cintas Corporation Using a Master Agreement with Lead Public Agency Prince William County Public Schools to Other Government Agencies Through Omnia Partners

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
Silicon Valley Power (SVP) staff require uniforms to safely perform their work activities. Currently, Cintas Corporation (Cintas) supplies these rental uniforms as well as rental of rugs and mats, sale of items such as fire extinguishers, first aid kits, and rain gear, and associated services, such as, fire extinguisher inspection and maintenance of first aid kits. Staff previously entered into a facilities solutions agreement with Cintas using a cooperative purchasing agreement through OMNIA Partners. OMNIA Partners is an organization that brings together cooperative purchasing contracts for local government agencies. Cooperative purchasing agreements combine procurement requirements and purchasing power of several public agencies resulting in a larger solicitation that results in a more advantageous contract. This process also saves significant time when compared to a stand-alone bidding process because most contract negotiations have already been completed and a lead agency has completed a transparent and open bid, evaluation, and award process. The lead agency for the master agreement for this cooperative purchase is Prince William County Public Schools (Master Agreement).

DISCUSSION
Staff is recommending entering into a new Facilities Solutions Agreement with Cintas for the period beginning April 1, 2024. The Master Agreement is made available through OMNIA Partners and has been competitively solicited and publicly awarded by Prince William County Public Schools, VA serving as the lead government agency. Most terms and conditions are established under the Master Agreement and the Facilities Solutions Agreement addresses terms specific to the City such as high visibility and fire-resistant garments. This recommendation to use the Master Agreement is pursuant to City Code Section 2.105.270(c) which states that the City may, without observing formal bidding requirements, “contract with a vendor under a contract awarded using preestablished cooperative purchasing agreements, when such agreement resulted from a competitive bid process that meets or exceeds the City’s competitive bid process.” The Purchasing Division Manager has determined that the above-mentioned competitive process meets or exceeds the City’s process.

As the need for uniforms and related items are anticipated to exceed $250,000, staff requests City of Santa Clara Printed on 3/15/2024Page 1 of 3
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24-36 Agenda Date: 3/19/2024
approval to negotiate and execute a new Facilities Solutions Agreement for the period beginning April 1, 2024, and ending on October 31, 2027. Staff requests further authorization to extend the Facilities Solutions Agreement, in the event the underlying Master Agreement is extended. Staff is recommending a new facilities solutions agreement instead of extending the existing agreement because Cintas has updated their Facilities Solutions Agreement.

Under the Facilities Solutions Agreement, the City will rent uniforms, mats, and rugs, and the City will also have the option to purchase fire extinguishers, first aid kits, rain gear and other facilities and uniform related items. The City will also have the option to procure from Cintas certain services such as fire extinguisher inspection and maintenance of first aid kits. The pricing for these items and services has already been established under the Master Agreement.

Staff recommends authorization for up to $1,500,000 for all items and services to be procured under the Facilities Solutions Agreement and Master Agreement. SVP’s anticipated need is approximately $300,000 per year.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to section 15378(b)(2) as the proposed procurement relates to continuous maintenance and administrative activities.

FISCAL IMPACT
Funds are available in Electric Utility Operating Fund budget for FY 2024/25 and FY 2025/26. Funds for future years will be requested through the normal budget process.

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

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

RECOMMENDATION

1. Authorize the City Manager to negotiate and execute a Facilities Solutions Agreement (Agreement) with Cintas Corporation and execute related documents to rent or purchase uniforms and other items as well as procure services under the Master Agreement with lead public agency Prince William County Public Schools through Omnia Partners and issue related purchase orders up to a total of $1,500,000 for the period of April 1, 2024, through October 31, 2027; and

2. Authorize the City Manager or designee to take any actions as necessary to implement and administer the Agreement and execute amendments to (a) add or delete services consistent with the scope of services; (b) adjust future rates based on changes to the Omnia Cooperative Purchase Agreement; (c) extend the term to exercise options to extend the term to align with the term of the Master Agreement with lead agency Prince William County Public Schools; and (d) increase the maximum compensation up to $2,000,000, subject to the appropriation of funds and City of Santa Clara Printed on 3/15/2024Page 2 of 3
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24-36 Agenda Date: 3/19/2024
the review and approval as to form by the City Attorney.

Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Jovan D. Grogan, City Manager
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-1287 Agenda Date: 3/19/2024

REPORT TO COUNCIL

SUBJECT
Action on an Agreement with Alternative Energy Systems Consulting, Inc. for a Third Party Commercial Strategic Energy Management Program for Silicon Valley Power

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The City of Santa Clara’s Electric Department, Silicon Valley Power (SVP), has developed energy efficiency programs to benefit its commercial and industrial customers. These programs implement the City’s Public Benefits Program Policy Statement adopted by Council on May 12, 1998, and Public Utilities Code (PUC) Section 385 covering the Public Benefits Charge (PBC). Over the past several years, the state legislature, California Energy Commission, and environmental agencies have increased their pressure on publicly owned utilities, like SVP, to boost energy efficiency programs, with legislation pushing to double the amount of energy efficiency achieved in California.

Every four years, electric utilities in California are required to conduct a study to determine all economically feasible energy efficiency potential within their service territory. Based on SVP’s load profile, nearly all of its energy efficiency potential comes from business customers. SVP is required by state law to expend all PBC funds collected on programs and projects relating to energy efficiency, renewable energy, low-income, and electric technology research and development. For these reasons, SVP seeks to continue to enhance the business energy efficiency programs to address the statewide energy efficiency and greenhouse gas reduction goals.

DISCUSSION
Pursuant to City Code Section 2.105.140(c), the City conducted a formal request for Request for Proposals (RFP) with the award recommendation based on “best value.” In April 2023, staff issued the RFP for Third Party Energy Efficiency and Building Electrification programs, using the City’s e-procurement system. The City received proposals from the following firms:
· Alternative Energy Systems Consulting, Inc.
· ARCA Recycling, Inc.

A three-member evaluation team was formed to evaluate the proposals. Each team member independently evaluated and scored the proposals. Staff determined all proposals were responsive and met the initial pass/fail review of the stated minimum qualifications. Proposals were then evaluated for:

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24-1287 Agenda Date: 3/19/2024
· cost effectiveness of program delivery;
· ability to supplement existing programs with a new program offering; and · addressing underserved customer segments.

Interviews were held in June 2023 for further clarification.

Staff recommends award of contract to Alternative Energy Systems Consulting, Inc. (AESC) for a Third Party Commercial Strategic Energy Management Program as it meets the evaluation criteria set forth in the RFP. The term of the proposed agreement will be four (4) years. This will include three years of program activity as well as project initiation and project closeout.

AESC will deliver a Commercial Strategic Energy Management Program which will include a three- year Strategic Energy Management (SEM) and electrification program targeting elementary and high schools, colleges, community-based organizations, and public sector facilities. The program will be delivered through a combination of cohort-based training and workshops and one-on-one technical and behavioral coaching and consulting support. The delivery will include onsite activities and remote coaching to help participants actualize operational best practices and implement identified opportunities. The program’s primary objectives are to improve energy efficiency and achieve energy cost reductions through no cost and low-cost improvements and develop a continuous energy improvement program and ongoing monitoring. The program will also engage stakeholders at various levels within the participating organizations to incorporate strategic energy management into the company’s culture.

The total cost to implement the program is $580,334, plus $33,600 for additional services, for a total maximum compensation not-to-exceed $613,934. The AESC agreement will be time-and-materials with a not to exceed amount for program development and administration. It also includes fixed fees for each workshop and coaching, technical support, and energy modeling. Moreover, 10% ($58,033) of the base fee is contingent upon meeting the performance target of 841,500 kWh in savings.

Staff requests authorization for the City Manager to execute the agreement and negotiate and execute any amendments to extend the term as required and increase the maximum compensation by $50,000 to allow SVP to increase the number of program participants and extend the training and workshops for existing participants.

ENVIRONMENTAL REVIEW
Staff recommends that the City Council determine that the proposed actions are exempt from the California Environmental Quality Act (“CEQA”) pursuant to sections 15301, 15302, and 15303 of Title 14 of the California Code of Regulations in that, as the proposed actions will consist of (1) the reconstruction, replacement, repair, maintenance, or minor alteration of existing facilities; and (2) the installation of small new energy efficiency equipment and devices.

FISCAL IMPACT
The maximum compensation under the proposed three-year agreement with Alternative Energy Systems Consulting is $613,934.

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24-1287 Agenda Date: 3/19/2024
Program Budget.

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

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

RECOMMENDATION

1. Determine the proposed actions are exempt from CEQA pursuant to Sections 15301 (Class 1 - Existing Facilities), 15302 (Class 2 - Replacement or Reconstruction), and 15303 (Class 3 - New Construction or Conversion of Small Structures) of Title 14 of the California Code of Regulations;

2. Authorize the City Manager to execute the proposed agreement with Alternative Energy Systems Consulting, Inc. for a Third Party Commercial Strategic Energy Management Program for a four- year term beginning on or around April 1, 2024, and ending on or around March 31, 2028, with a maximum compensation not-to-exceed $613,934, subject to the annual appropriation of funds funded by the Electric Operating Grant Trust Fund; and

3. Authorize the City Manager to take any actions as necessary to implement and administer the Agreement and to negotiate and execute amendments to the Agreement to (a) extend the term as needed to complete program delivery; and (b) increase the maximum compensation by an additional $50,000 for a total maximum compensation not to exceed $663,934, subject to the appropriation of funds and review and approval as to form by the City Attorney.

Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Jovan D. Grogan, City Manager

ATTACHMENTS

1. Proposed Agreement with Alternative Energy Systems Consulting, Inc.

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Agreement with Alternative Energy Systems Consulting, Inc. Page 1 of 33 Rev. 07-01-18
EBIX Insurance No. S200005259

AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
ALTERNATIVE ENERGY SYSTEMS CONSULTING, INC.

PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Alternative Energy Systems Consulting, Inc., a California corporation, (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties.”

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

The Parties agree as follows:

AGREEMENT TERMS AND CONDITIONS

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

Exhibit A – Scope of Services
Exhibit B – Schedule of Fees and Payment Provisions
Exhibit C – Insurance Requirements
This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersede s and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions of any of the

Agreement with Alternative Energy Systems Consulting, Inc. Page 2 of 33 Rev. 07-01-18
Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.

2. TERM OF AGREEMENT
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by written amendment to this Agreement, the term of this Agreement shall begin on April 1, 2024 and terminate on March 31, 2028 (“Initial Term”).

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

4. WARRANTY
In addition to those warranties contained in Exhibit A, Contractor expressly warrants that all Services and materials 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 applicable to this Agreement. Contractor agrees to promptly replace or correct any incomplete, inaccurate or defective Services or materials at no further cost to City when defects are due to the negligence, errors or omissions of Contractor. If Contractor fails to promptly correct or replace Services or materials, City may make corrections or replace Services or materials and charge Contractor for the cost incurred by City.

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

6. COMPENSATION AND PAYMENT
In consideration for Contractor’s complete performance of Services, City shall pay Contractor in accordance with Exhibit B, entitled “SCHEDULE OF FEES AND PAYMENT PROVISIONS.” The maximum compensation of this Agreement is Six Hundred Thirteen Thousand Nine Hundred Thirty -Four Dollars ($613,934), 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 including any taxes. All Services performed or supplies, materials and equipment provided in excess of the maximum compensation shall be at Contractor’s expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.

Agreement with Alternative Energy Systems Consulting, Inc. Page 3 of 33 Rev. 07-01-18

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

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

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

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

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

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

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

Agreement with Alternative Energy Systems Consulting, Inc. Page 4 of 33 Rev. 07-01-18
used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor or becomes generally known to the related industry shall be deemed confidential.

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

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

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

Agreement with Alternative Energy Systems Consulting, Inc. Page 5 of 33 Rev. 07-01-18
Contractor to perform any portion of the Services – and shall expressly include passive or active negligence by City connected with the Services.

However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.

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

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

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

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

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

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

And to Contractor addressed as follows:

Agreement with Alternative Energy Systems Consulting, Inc. Page 6 of 33 Rev. 07-01-18

Alternative Energy Systems Consulting, Inc.
2445 Impala Drive
Carlsbad, CA 92010
and by e-mail at [email protected] and [email protected] The workday the e-mail was sent shall control the date notice was deemed given.

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

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

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

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

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

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

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

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

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. PREVAILING WAGE
In the event the Services require payment of prevailing wage, Contractor shall comply, and ensure its subcontractors comply with Exhibit D.

Contractor certifies that it is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as Section 16000 et seq. of Title 8 of the California Code of Regulations, Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged

Agreement with Alternative Energy Systems Consulting, Inc. Page 8 of 33 Rev. 07-01-18
failure by Contractor or its employees, agents, contractors, and subcontractors to comply with the prevailing wage laws.

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

ALTERNATIVE ENERGY SYSTEMS CONSULTING, INC.
a California corporation

Dated: 03/13/2024

By (Signature):

Name: ANTONIO CORRADINI
Title: CEO/Principal Engineer
Principal Place of
Business Address:
2445 Impala Drive
Carlsbad, CA 92010
Email Address: [email protected]
Telephone: (760) 931-2641
“CONTRACTOR”

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EXHIBIT A

SCOPE OF SERVICES
SECTION 1. GENERAL

1.1 Contractor will deliver a Strategic Energy Management (SEM) and electrification program targeting a cohort of schools (K -12 and higher education), community - based organizations, and public sector facilities (SEM Program).

1.2 Contractor will deliver the SEM Program over a three- year period through a progression of cohort-based training and workshops, one- on-one technical and behavioral coaching, and consulting support.

1.3 The delivery will include onsite activities and remote coaching.

1.4 Definitions:
“Energy Action Plan ” means l ist of annual goals for each organization.

Included in the plan is a high- level summary of energy saving plans, organizational objectives, and actions that participants aim to complete. The plan is drafted at the beginning of each year and serves as a guide throughout the year.
“Building Automation System (BAS) ” means the automatic centralized control of a building's HVAC (heating, ventilation and air conditioning), electrical, lighting, shading, access control, security systems, and other interrelated systems.
“Customer” means a customer of Silicon Valley Power (SVP). “Distributed Energy Resources” means small-scale electricity generation or storage technologies that are located near the end user or the electric distribution system.
“Energy Action Plan” means the plan for Participant to continuously improve their energy and resource utilization and achieve their energy objectives, including identifying specific employee engagement and other activities, allocating necessary resources, determining timeframes for implementation, assigning responsible parties, and establishing methods for M&V. “Energy Champion” means a Participant’s designated person who participates in trainings and facilitates resources as needed. “Energy Coach” means an SEM Coach who provides direct technical and engineering support and guidance to help Participants implement the knowledge, skills, and practices learned in the curriculum.

1.4.1 1.4.2

1.4.3 1.4.4

1.4.5 1.4.6

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“Energy Management Assessment” (EMA) means Contractor shall review a Participant’s existing strategies, energy efficiency, electrification, and sustainability project plans to establish the relative maturity of the Participant’s energy management practices.
“Energy Management System” (EnMS) means the purposeful development and grouping of business practices to create a systematic approach to managing energy with a stated objective which is a primary goal of the 50001 Ready program.
“Energy Performance Indicators” (EnPIs) means data values that track energy usage and improvement.
“Energy Team ” means a team including the Energy Champions, Energy Sponsors, and other SEM team members.
“Executive Sponsor” means a Participant’s designated person who provides the necessary leadership support for the Participant.
“International Performance Measurement and Verification Protocol Option C” means the standardized M&V process published by the Efficiency Valuation Organization to quantify energy savings, specifically at the whole building level.
“Measurement and Verification (M&V)” means measuring and verifying through verified SEM models including International Performance Measurement and Verification Protocol Option C and Normalized Metered Energy Consumption.
“Notice to Proceed” (NTP) means a written notice issued by SVP after this Agreement is executed by the Parties.
“Opportunity Registers ” means a program tool designed to track specific actions each Participant site could undertake to achieve energy savings objectives.
“Participant” means a Customer that has completed the SVP’s enrollment process to participate in the SEM Program.
“Participant’s Site” is a location possessed by Participant. “Significant Energy Uses ” (SEUs) means sources of energy use, such as equipment or processes, with substantial energy consumption and/or considerable potential for energy performance improvement. “Treasure Hunt ” means a walk-through at Participant’s Site performed by Contractor SEM Coach and Contractor engineer to identify low -to-no-cost, near-term savings opportunities. During this walk -through, Contractor will

1.4.8 1.4.9

1.4.10 1.4.11

1.4.12 1.4.13

1.4.14 1.4.15

1.4.16 1.4.17

1.4.18 1.4.19

1.4.20 Agreement with Alternative Energy Systems Consulting, Inc. Page 11 of 33 Rev. 07-01-18
teach Participants how to identify and prioritize opportunities and repeat self- implementation. The Parties acknowledge that Treasure Hunts are a key engagement tool which increases the likelihood of Participant implementation of savings opportunities.

SECTION 2. PROGRAM SUMMARY AND GOALS

2.1 The goal of the SEM Program is to help Participants actualize operational best practices and implement identified opportunities.

2.2 The primary objectives of an SEM program are:

Energy Efficiency and Cost reduction: Primarily, this includes no and low- cost improvements to equipment and systems, optimizing processes, changing occupant behaviors around energy use, and adopting energy- efficient technologies. To reduce costs for organizations, Contractor will identify areas of energy waste and help improve energy performance to achieve persistent cost savings.

Continuous Improvement: SEM programs emphasize the importance of continuous energy improvement and energy performance monitoring.

Contractor will provide Participants with tools and methodologies to measure and track energy consumption, set improvement targets, and identify areas for further optimization. By establishing a culture of continuous improvement, organizations can maintain results and build upon their energy management, climate action, or Greenhouse Gas (GHG) mitigation efforts over time.

Stakeholder Engagement and Collaboration: Successful SEM programs involve “baking SEM into the culture” by engaging stakeholders at various levels within an organization, including management sponsors, employees, and external partners such as energy utilities, industry associations, and government agencies.

2.3 Through the program, Contractor will teach Participants how to:

Formalize practices that support energy management.

Identify low and no-cost energy improvements.

Learn and adopt best practices through peer-to-peer learning.

Increase staff and occupant awareness of, and engagement in, energy efficiency.

Examine the procedures and behaviors of energy use.

Improve the bottom line through decreased energy costs and repeatable savings.

2.2.1 2.2.2

2.2.3 2.3.1

2.3.2 2.3.3

2.3.4 2.3.5

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Overcome organizational and technical barriers to efficiency and integrate energy management best practices into operations.

Leverage newly acquired tools, experiences, and approaches to continue saving energy over time and prevent backsliding.

2.4 Contractor will design program c urriculum to help Participants establish energy management best practices. The program curriculum shall be based on and supported by existing tools and resources in the Department of Energy ’s (DOE) “50001 Ready ” program. Elements of the program are in alignment with the California SEM Design Guide implemented by California investor-owned utilities.

Contractor will right-size the SEM Program to meet the resource limitations and energy savings potential of smaller facilities.

Contractor will introduce additional curriculum delivered by subject matter experts related to change management , load flexibility, building electrification, and distributed energy resources to support resiliency.

SECTION 3. DELIVERY

3.1 Program Development
Implementation Plan and Documents for Launch:

3.1.1.1 Contractor will coordinate with Silicon Valley Power (SVP) to develop the necessary framework for program coordination strategy, data tracking and administration requirements, program savings goals, and other targeted metrics.

3.1.1.2 Contractor will lead the development of the requirements for the four annual Participant milestones. SVP will lead the finalization of the enrollment form, as described in Section 3.1.3.

SEM Training and Delivery Plan: Contractor will refine the SEM training and delivery plan including the topics and sequence of workshops. Contractor will provide substantive and high-quality workshop materials to SVP no later than two weeks before the delivery of each workshop , to provide time for review and incorporation of SVP input on content and programs. Contractor shall collaborate with SVP and incorporate SVP input into workshop materials to finalize workshop materials before the delivery of each workshop. If approved, SVP shall provide written approval (e- mail acceptable).

Recruitment, Outreach, and Enrollment Plan

3.1.3.1 SVP will lead the recruitment process and Contractor will provide active support.

2.3.7 2.3.8

2.4.1 2.4.2

3.1.1 3.1.2

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3.1.3.2 Outreach and Enrollment will be a joint effort between SVP and Contractor to finalize the cohort of Participants and ensure the success of the program.

3.1.3.3 Contractor will develop the enrollment plan which will identify key characteristics of ideal Participants, establish minimum participation requirements, and outline opportunities to collaborate with SVP staff on recruitment coordination and support.

3.1.3.4 Contractor will coordinate with SVP to identify the ideal mix and customer targets based on a discussion of City goals, existing resources, potential customer site energy consumption, past SVP program participation, and other factors.

3.2 Participant Recruitment
Participant Targeting

3.2.1.1 SVP will lead the targeting and screening process and wi ll coordinate with Contractor to identify potential cohort Participants from education, community -based organizations, and public sector agencies. Participants may include local public and private schools and colleges, local city buildings or agencies, and California State Agency buildings. To recruit a sufficiently sized cohort to reach program savings targets, SVP will work with Contractor to identify an initial pool of 12 to 15 potential participants, particularly organizations that have previously participated in programs, have shown interest in energy management and electrification opportunities, or have established GHG and climate goals.

3.2.1.2 To inform short listing and finalization for outreach, SVP and Contractor will review each candidate's total energy consumption data for facilities in SVPs territory and energy intensity data as an indicator of savings potential and Contractor will review and discuss high-potential candidates with SVP staff.

Outreach and Recruitment

3.2.2.1 Once initial candidates have been identified, Contractor will coordinate with SVP to perform direct outreach and recruitment of individuals in the organizations who help manage energy directly or have approval authority for energy -related projects, such as facilities managers, sustainability team members, CFO, CEO, and other administrative staff. Subject to program changes made by SVP, Contractor shall identify the individuals who will become the Energy Champions (described in Section 3.2.2.2.1), Executive Sponsors (described in S ection 1.4.12), and Energy Team

3.2.1 3.2.2

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members (made up of AESC staff including director, senior program manager, program manager, senior SEM coach, staff SEM coach, SEM coach, program coordinator, senior engineer, and engineer) leading the SEM engagement is critical. Outreach may include recruitment webinars and one- on-one calls to introduce the program benefits and answer questions.

3.2.2.2 Contractor will lead the final screening of SEM Program candidates to ensure proposed participants have the appropriate resources and commitment to engage in the program and deliver savings impacts successfully. Contractor will screen proposed participants against a set of organizational and building/portfolio characteristics. Sample organizational and building/portfolio characteristics are listed in Section 3.2.2.2.1 and Section

3.2.2.2.2. Contractor shall submit a final set of organizational and building/portfolio characteristics to SVP for approval. If approved, SVP will provide written approval (e- mail acceptable). Any variations to allow a Participant that does not meet the agreed upon characteristics shall be proposed by Contractor to SVP for approval. If such variations are approved, SVP will provide written approval (e-mail acceptable).

Sample Organizational Characteristics for
participation:
• Participants with a designated Executive Sponsor,
typically someone in leadership that can make
decisions for the organization.
• Participants with personnel that can serve as an
Energy Champion that will:
o P articipate in the program, lead the energy
team, and communicate team needs to the
Executive Sponsor.
o A ttend workshops and meetings. Workshops
are typically 2- 3 hours, with a few in person
workshops and primarily virtual workshops
scheduled with a regular cadence.
o A ttend at least monthly check -in meetings
with Energy Coaches and/or engineers,
typically lasting 30 to 45 minutes.
o B uild their energy team throughout their
participation.

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o T rack energy use and reports results.
• Local and/or centralized control over energy and
resource decisions.
• Interest in learning how to lower operating and
management costs and reduce energy intensity
across their portfolio.
• Ability to provide access to all energy usage
information, including monthly utility bills.
• Existing sponsorship of energy and sustainability
initiatives or someone interested in being the
corporate sponsor.
• A conservation and/or continuous improvement
culture and an interest in engaging
staff/occupants.
• Familiar with the utility and its programs.
• Comfortable delegating energy efficiency projects
to service contractors.

Sample Building/Portfolio Characteristics for
participation:
• Owner occupied, or participant pays utility bills.
• 24 months of historical utility data (36 months
preferred).
• No deep renovations or demolitions within the past
two years or planned within the next two years.
• Buildings are individually metered or are sub-
metered.
• Current usage of at least 250,000 kWh/per
building/year.
• Campuses with multiple buildings and building
types.
• Customers with a large portfolio of buildings and a
range of building types.

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• Buildings with complex energy systems.
• Relatively high energy intensity for their type and
location of property.

3.3 Program Delivery
Contractor will deliver SEM Program over three years through a progression of workshops and site-specific technical and energy coaching support.

3.3.1.1 The first five workshops delivered over the first year will focus on foundational energy management principles outlined in 50001 Ready: How Participants can establish an Energy Management System (EnMS), define scope and boundaries, develop an energy team, engage employees, collect and analyze data, identify significant energy uses, identify improvement opportunities, develop Energy Action Plans, establish energy baselines and Energy Performance Indicators (EnPIs), and monitor and measure energy performance.

3.3.1.2 In the second year, Contractor will continue to support Participants with an annual planning process, implementing projects and energy savings. Workshops and technical support will expand to also cover load flexibility, building electrification, and distributed energy resources to support resiliency.

Cohort-based Workshops – Contractor will deliver the following workshops according to the timelines in Section 5, Program Timeline.

3.3.2.1 Workshop 1 (in- person) General Information: Workshop 1 provides cohort Participants a general introduction to the program structure, expectations, and available resources, the concept of an EnMS, energy and resource opportunities that can be
incorporated, and introduces Participants to each other to establish a productive peer-to-peer collaboration environment.

3.3.2.2 Workshop 2 (virtual) Getting Started: Workshop 2 provides practical guidance for Participants in establishing an energy management system within their organization, including
identifying and engaging an energy team, aligning with high- level organizational goals, setting the scope of activities, and reviewing goals established by their organization/Executive Sponsor.

3.3.2.3 Workshop 3 (virtual) Improving Performance: Workshop 3 will introduce resources for Participants to visualize their site's energy usage, prioritize project efforts, and implement quick -win energy- saving projects, including energy mapping, reviewing typical low - cost energy-saving opportunities that can be identified in treasure

3.3.1 3.3.2

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hunts, and how to use an opportunity register to track
opportunities. Contractor will also introduce DOE's free tools that can be leveraged to support energy management within an organization, including the USDOE Energy Footprint Tool and the ENERGY STAR® Portfolio Manager®.

3.3.2.4 Workshop 4 (virtual) Measuring Success: Following site-specific activities such as the treasure hunt and action planning, Workshop 4 guides Participants in tracking their energy performance by reviewing the data they collect and exploring metrics and baselines for monitoring energy performance.

3.3.2.5 Workshop 5 (virtual) Stakeholder Engagement: Workshop 5 will explore opportunities and strategies for stakeholder engagement that can be deployed across the organization. Examples include ways to educate and engage students and employees in initiatives and results. This is necessary to successfully implement change management strategies, internal energy campaigns, and energy policies and procedures , to integrate SEM into the culture of the organization.

3.3.2.6 Workshop 6 (virtual) Planning for Years 2 and 3: Workshop 6 will allow the cohort to share updates and learnings with their peers, assess what has been effective, identify areas for improvement, and determine their future goals.

3.3.2.7 Workshop 7 (virtual) Building Electrification: Workshop 7 will review key technical opportunities for building electrification in educational and public sector building types, with a focus on measures available for support and incentives from SVP.

Contractor will review project examples, including estimated impacts on costs, GHG emissions, and energy and non- energy benefits. SVP's Customer Directed Electrification Rebate and other electrification programs, federal incentives and tax credits will also be int roduced as example incentives and paybacks for typical projects.

3.3.2.8 Workshop 8 (virtual) Load Management Strategies: Workshop 8 will review key strategies to incorporate flexible load management in energy management planning and projects by incorporating controls, sensors and smart technologies focusing on HVAC and lighting and retro-commissioning opportunities.

3.3.2.9 Workshop 9 (virtual) Distributed Energy Resources ( DER) and Resiliency Strategies: Workshop 9 will review the benefits of DERs for renewable energy and energy resiliency. For example, coaches will define critical facilities (emergency operations

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centers, police/fire, schools, hospitals, food banks) and how to consider these facilities as community resiliency hubs.

Contractor’s coaches will provide tools and methods to assess potential and cost estimates at each facility, benefits of completing energy efficiency first, key considerations for siting and sizing systems (energy loads and consumption, operating hours, renovation status, decarbonization potential, backup resiliency requirements, etc.), financing strategies, available SVP incentives, and federal funding resources.

Technical Coaching/ One- On-One Activities - Contractor will deliver the following technical coaching and one- on-one activities according to the timelines in Section 5, Program Timeline.

3.3.3.1 Kickoff Meeting: At least four weeks before the first SEM workshop, Contractor will schedule a kickoff with each enrolled Participant to introduce the SEM coach to the Energy Champion, Executive Sponsor, and key stakeholders, discuss logistics and data access, and answer questions.

3.3.3.2 Benchmarking: Leveraging Green Button or other available utility data sharing platforms, Praxis enables portfolio benchmarking against ENERGY STAR® industry standards , California
Commercial End- Use Survey (CEUS), Commercial Buildings Energy Consumption Survey (CBECS), DOE Building
Performance Database, or a custom data set.

3.3.3.3 Energy Mapping and Significant Energy Uses (SEUs): Energy Coaches support Participants in mapping site energy use and identifying the SEUs that account for substantial energy consumption and/or offers considerable potential for energy performance improvement or carbon reduction.

3.3.3.4 Opportunity Registers and Energy Action Plans: Energy Coaches work with each Participant to develop Opportunity Registers and Energy Action Plans based on opportunities identified. This plan can include campaigns to educate and engage building occupants and maintenance staff.

3.3.3.5 Energy Action Plan: The SEM coach will support the Participant’s Energy Team in creating an Energy Action Plan to achieve their energy objectives, including identifying specific employee engagement and other activities, allocating necessary resources, determining timeframes for implementation, assigning responsible parties, and establishing methods for Measurement and
Verification (M&V).

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3.3.3.6 Energy Management Assessment: Contractor will review the organization's existing strategies (cost reduction, sustainability, GHG reduction, employee engagement, resilience, etc.) and energy efficiency, electrification, and sustainability project plans, and will perform a baseline EMA to establish the relative maturity of the Participant's energy management practices.

3.3.3.7 Treasure Hunt: The SEM coach and Contractor engineers will continue to facilitate treasure hunts for Participants. Part of the process is to teach the Participants the process themselves so Participants can perform follow -up treasure hunts in the future, and/or for additional sites they operate.

3.3.3.8 BAS Reviews: Through Building Automation System (BAS) Reviews, Contractor’s technical coaches work alongside building operators to review their BAS; Contractor will take time to understand the system and layout, then inspect for anomalies and opportunities. The Contractor team can immediately address many opportunities with the Participant in real time. Some opportunities require further investigation by the Participant or approval and access by others, but those opportunities are tracked in a register, and the Contractor team actively coaches toward issue resolution.

3.3.3.9 Annual Planning: The SEM coach will work with Participants to review progress to date and plan for years 2 and 3 of the SEM Program, including coaching support to implement measures and opportunities identified.

3.3.3.10 Stakeholder Engagement Support: The SEM coach will also support organizations in developing and implementing
stakeholder engagement strategies, borrowing from a rich library of past SEM participants.

3.3.3.11 Participant Surveys: Contractor will conduct Participant satisfaction surveys twice annually to gauge the impact of the SEM Program. The surveys will also solicit feedback from Participants to aid in the continuous improvement of Contractor’s delivery.

3.4 Energy Savings Calculation and Verification
Energy Model Development and Savings Calculation

3.4.1.1 The primary method of energy savings verification and M&V for the Program will be through meter -based energy models utilizing International Performance Measurement and Verification Protocol Option C. Contractor will perform regression analysis to develop

3.4.1 Agreement with Alternative Energy Systems Consulting, Inc. Page 20 of 33 Rev. 07-01-18
statistically robust “Energy Consumption Adjustment Models 1” to verify kWh savings at the site-level.

3.4.1.2 Methods used to develop the models and calculate savings will align with the following sections of California SEM M&V Guide, Version 3.02
1:

7.5- Establishing Relationships Between Energy
Consumption and Relevant Variables

7.6- Establishing Energy Baseline

7.7- Developing Energy Consumption Adjustment
Models

7.8- Reviewing Competing Energy Consumption
Adjustment Models

9.3- Calculating Avoided Energy Consumption Energy
Savings
Modeling and Performance Tracking Tool: Contractor will use Praxis, Contractor’s energy software that integrates model development methods in compliance with California SEM M&V Guide, Version 3.02, the NMEC Rulebook2, and CalTRACK3. Praxis also has data visualization (graphing and charting) that will enable SEM coaches, SVP, and Participants to track energy performance over time.

SECTION 4. ROLES AND RESPONSIBILITIES

4.1 Recruitment and Outreach – SVP staff will lead participant targeting and outreach.

Contractor will provide active support with answering questions and helping to solidify the Energy Champion, and Executive Sponsor, at each organization.

4.2 Program Marketing Collateral – Contractor will develop marketing collateral including draft language for a 2- page program overview and a marketing presentation that highlights program benefits, resources, and participant expectations and expected outcomes. SVP staff will finalize the materials using internal marketing resources to ensure materials meet SVP design guidelines.

1 California SEM M&V Guide, Version 3.02, July 06, 2002. Sergio Diaz Consulting. Energy Consumption Adjustment Models is the term used in this reference manual for the mathematical equation that defines the baseline energy use of each site.
2 Rulebook for Programs and Projects Based on Normalized Metered Energy Consumption, Version 2.0 , Jan 7, 2020, CPUC.
3 CalTrack Compliance Checklist- https://www.caltrack.org/caltrack-compliance.html. CalTRACK specifies a set of empirically tested methods to standardize the way normalized meter-based changes in energy consumption are measured and reported.

3.4.2 3.4.1.2.1

3.4.1.2.2 3.4.1.2.3

3.4.1.2.4 3.4.1.2.5

Agreement with Alternative Energy Systems Consulting, Inc. Page 21 of 33 Rev. 07-01-18

4.3 Enrollment Agreement Form –
Contractor will provide recommended enrollment language including program terms and conditions.

Contractor and SVP staff will jointly develop an enrollment form that includes the following inputs and acknowledgements:

4.3.2.1 Data sharing agreement

4.3.2.2 Granting of Contractor’s team access to sites

4.3.2.3 Agreement to share experiences in a cohort environment

4.3.2.4 Delineation of team roles and responsibilities

4.3.2.5 Commitment of staff resources to program

4.3.2.6 General Program Terms and Conditions
Contractor will provide clear expectations to Participants as well as the draft schedule and resource requirements for the program.

4.4 Milestone Requirements – Contractor will lead the development of the requirements for the four annual Participant milestones and submit to SVP for review and approval.

4.5 Participant Enrollment – Contractor will assure that Participants sign an enrollment form that clearly outlines the program offering and Participant requirements.

Contractor will lead the final confirmation of customer enrollment into the program and submit to SVP for final approval of enrollment of each Participant.

4.6 Curriculum Development – Contractor will lead the development of all curricula and will provide workshop materials at least 2 weeks prior to each workshop to SVP for review and approval.

4.7 Participant Program Point of Contact – Contractor will serve as the primary point of contact for enrolled Participants as it relates to the program. Contractor will transfer inquiries to SVP staff on items outside of the program purview.

4.8 Meter-based Modeling – Contractor will lead the development of models and will submit to SVP for review and approval. Model review and approval will occur on an annual basis in conjunction with annual reporting.

4.9 Workshop Delivery – Contractor will lead the management and facilitation of workshops. Workshop materials will be finalized and provided to SVP staff no later than two weeks prior to the delivery of each workshop to provide time and review,

4.3.1 4.3.2

4.3.3 Agreement with Alternative Energy Systems Consulting, Inc. Page 22 of 33 Rev. 07-01-18
and incorporation of input on content and programs. SVP may attend any workshop.

4.10 Treasure Hunt Delivery – Contactor will lead the management and facilitation of treasure hunts. SVP may attend.

4.11 EMA Delivery – Contractor will lead the management and facilitation of EMAs. SVP may attend.

4.12 Other One-on-one Delivery Methods – Contactor will lead the management and facilitation of other one- on-one delivery methods, such as building automation system reviews and resiliency studies. SVP may attend.

4.13 Technical Support Hours Tracking – Contractor will track program hours spent with each Participant individually with the goal of serving all Participants equally. SVP may grant a reallocation of support hours for Participants that are actively engaged and may reduce hours for Participants that are not engaged.

4.14 Capital Savings Implementation – Throughout the lifecycle of the program, Contractor will identify and vet potential capital projects and inform SVP staff of potential opportunities.

4.15 Participant Satisfaction Surveys – Contractor will lead the delivery of customer satisfaction surveys two times annually to gauge the impact of the program.

SECTION 5. PROGRAM TIMELINE

5.1 Pre-Launch Activities - NTP + 13 weeks
Program Development; NTP + 4 weeks
Implementation Plan and Documents for Launch; NTP + 4 weeks SEM Training Curriculum Refinement; NTP + 4 weeks
Recruitment Plan; NTP + 4 weeks
Program Marketing Collateral; NTP +4 weeks
Participant Recruitment; NTP + 13 weeks
Participant Targeting; NTP + 4 weeks
Outreach and Recruitment; NTP + 11 weeks
Enrollment; NTP + 13 weeks

5.2 Program Delivery – NTP + 39 months

5.1.1 5.1.2

5.1.3 5.1.4

5.1.5 5.1.6

5.1.7 5.1.8

5.1.9 Agreement with Alternative Energy Systems Consulting, Inc. Page 23 of 33 Rev. 07-01-18
Year 1 Activities; NTP + 15 months

5.2.1.1 Participant Kickoffs; NTP + 15 weeks

5.2.1.2 Workshop 1 (in-person) General Information; NTP + 4.5 months

5.2.1.3 Workshop 2 (virtual) Getting Started; NTP + 6 months

5.2.1.4 Participant Survey; NTP + 6 months

5.2.1.5 Workshop 3 (virtual) Improving Performance; NTP + 8 months

5.2.1.6 Workshop 4 (virtual) Measuring Success; NTP +10 months

5.2.1.7 Workshop 5 (virtual) Stakeholder Engagement; NTP + 13 months

5.2.1.8 Participant Survey; NTP + 13 months

5.2.1.9 Initial Model Development; NTP + 7.5 months

5.2.1.10 Treasure Hunts; NTP + 8 months

5.2.1.11 Energy Management Assessments; NTP + 12 months

5.2.1.12 Other One-on-one Technical Coaching; NTP + 15 months

5.2.1.13 Annual Reports; NTP + 15 months
Year 2 Activities; NTP + 27 months

5.2.2.1 Workshop 6 (virtual) Planning for Years 2 and 3; NTP + 17.5 months

5.2.2.2 Participant Survey; NTP + 17.5 months

5.2.2.3 Workshop 7 (virtual) Building Electrification; NTP + 20 months

5.2.2.4 Model Review and Quality Control (QC); NTP + 23.5 months

5.2.2.5 Treasure Hunts or Other Onsite Work; NTP + 21 months

5.2.2.6 Participant Survey; NTP + 25 months

5.2.2.7 Energy Management Assessments; NTP + 25 months

5.2.2.8 Other One-on-one Technical Coaching; NTP + 27 months

5.2.2.9 Annual Reports; NTP + 27 months
Year 3 Activities; NTP + 36 months

5.2.1 5.2.2

5.2.3 Agreement with Alternative Energy Systems Consulting, Inc. Page 24 of 33 Rev. 07-01-18

5.2.3.1 Workshop 8 (virtual) Load Management Strategies ; NTP + 29 months

5.2.3.2 Participant Survey; NTP + 29 months

5.2.3.3 Workshop 9 (virtual) Distributed Energy Resources and Resiliency Strategies; NTP + 32 months

5.2.3.4 Model Review and QC; NTP + 35 months

5.2.3.5 Treasure Hunts or Other Onsite Work; NTP + 35 months

5.2.3.6 Participant Survey; NTP + 37 months

5.2.3.7 Energy Management Assessments; NTP + 37 months

5.2.3.8 Other One-on-one Technical Coaching; NTP + 39 months

5.2.3.9 Annual Reports; NTP + 39 months

5.3 Where appropriate, Contractor may initiate tasks ahead of the above schedule provided that Contractor provides Services to Participants for a full 36 months.

SECTION 6. REPORTS

6.1 Contractor will deliver monthly and annual reports to SVP staff for review and approval. In addition, regular program status and coordination calls will also be scheduled to provide program updates, as agreed upon with SVP.

6.2 Reports include:

Monthly Program Reporting – Contractor will report on the monthly and annual progress of the program, including activities, curriculum delivered, and technical activities deployed to Participants.

Annual Reporting – Contractor will provide an annual report (final monthly report of the task year) which will describe program activities and milestones completed, Energy Action Plans, program deliverables, project implemented, claimable energy impacts, and project referrals to other programs at SVP.

Annual Energy Model Review – Contractor will submit the energy models for each Participant for review and approval of estimated savings by SVP.

One-on-one Technical Coaching Hours – Contractor will establish an average budget per Participant which shall include model development, treasure hunts, operation calls, and onsite support. Contractor will notify SVP and the Participant if Participants are close to exceeding the budgeted hours

6.2.1 6.2.2

6.2.3 6.2.4

Agreement with Alternative Energy Systems Consulting, Inc. Page 25 of 33 Rev. 07-01-18
for each Participant. Contractor shall not exceed budgeted hours without written approval from SVP. If such additional budgeted hours will result in total costs exceeding the maximum compensation in Section 6 of the Agreement, an amendment to this Agreement shall be executed in advance of performing additional services.

6.3 Energy and Sustainability Metrics will be tracked for behavioral, retro- commissioning, and operational measures. Metrics associated with capital measures will be tracked through other offerings: – Metrics tracked will include:

6.3.1.1 First Year electric savings – kWh

6.3.1.2 Lifetime electric savings – kWh

6.3.1.3 Demand reduction – kW

6.3.1.4 Carbon equivalent/GHG reduction – CO2e

6.3.1.5 Participant Energy Management Practices – through EMAs

6.3.1.6 Participant Satisfaction – through twice annual surveys

Agreement with Alternative Energy Systems Consulting, Inc. Page 26 of 33 Rev. 07-01-18

EXHIBIT B

SCHEDULE OF FEES AND PAYMENT PROVISIONS
SECTION 1. MAXIMUM COMPENSATION
The maximum compensation payable to Contractor during the Term shall not exceed the amount in Section 6 of this Agreement.

SECTION 2. FEE SCHEDULE

2.1 Contractor’s compensation is set forth in Table 1 below.

Table 1
Cost Elements Basis Billing Method
Not-to-
Exceed
Amount
Program
Development
Time &
Materials, Not to
Exceed
See Section 2.2 below $27,966.00
Administration Time &
Materials, Not to
Exceed
See Section 2.2 below $45,504.00
Nine (9) Workshops Fixed $18,000 per workshop
delivered
$162,000.00
Coaching, Technical
Support, and Energy
Modeling
Time &
Materials, Not to
Exceed
See Section 2.2. below $286,830.60
Pay-for-Performance Pay for
Performance
(PFP), Not to
Exceed
Billed annually at
$0.06896/ kWh "SEM
savings" delivered, based
on SEM savings goal of
841,500 kWh
$58,033.40
Subtotal $580,334.00
Additional sites
among enrolled
participants
Fixed Assumes a cohort of eight
(8) participants or less and
twelve (12) buildings.
$4,200 for each additional
building over twelve (12).
$33,600.00
Maximum Compensation $613,934.00

2.2 Time and Materials, Not to Exceed. Contractor shall invoice all Program Development, Administration, and Coaching, Technical Support, and Energy Modeling services at the hourly rates listed in Table 2 below. If the services can be

Agreement with Alternative Energy Systems Consulting, Inc. Page 27 of 33 Rev. 07-01-18
completed for less than the not to exceed amount listed in Table 1, only the actual amount shall be invoiced.

Table 2
Position Hourly Rate
Director $260
Principal Engineer $260
Engineering Manager $225
SEM Coach Manager $225
Senior Program Manager $225
Lead Engineer $215
Lead SEM Coach $215
Lead Analyst $215
Program Manager $215
Senior Engineer $195
Senior Analyst $195
Senior SEM Coach $195
Senior Project Manager $195
Staff Engineer $175
Staff Analyst $175
Staff SEM Coach $175
Project Manager $175
Engineer $155
(Energy) Analyst $155
SEM Coach $155
Program Coordinator II $155
Associate Engineer $125
Associate Analyst $125
Program Coordinator I $125
Engineering Assistant $115
Technician $105

Agreement with Alternative Energy Systems Consulting, Inc. Page 28 of 33 Rev. 07-01-18
Rate Increase. Hourly rates shall remain fixed for the first two years of the Agreement. After two years, rates may be negotiated no more than once annually.

Contractor shall notify the City ninety (90) days in advance of any proposed rate increase. Any rate increases are subject to approval by the City and must be substantiated by the Contractor to the satisfaction of the City. All rate adjustments must be approved by the City through an amendment to this Agreement. References to alternate rates in quotes that have not been separately authorized pursuant to this section are not approved. Fixed prices shall not be increased during the Term.

Reimbursable Expenses. Any and all reimbursable expenses shall be reimbursable only to the extent that (1) Contractor submits sufficient documentation to City that the expenses were directly incurred in providing the required Services, (2) Contractor demonstrates that such expenses aren’t included in the hourly rate where applicable, (3) such expenses were approved in advance, (4) Contractor submits receipts, invoices, or other supporting documentation demonstrating that such reimbursable costs were incurred.

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. Charges for outside services (including subcontractor fees, equipment, materials, and facilities not
furnished directly by Contractor).

No Markup

4. Other reimbursable expenses with prior written
approval from the City
No Markup

5. Allowable mileage will be charged at the prevailing
IRS rate per mile.

No Markup

6. Unless approved in writing (e-mail acceptable) in
advance, meals, lodging, and related per diem shall
not exceed the rates outlined by United States
General Services Administration (GSA).
https://www.gsa.gov/travel-resources. Airfare or
rental car, where applicable shall be at economy
rates.

No Markup

2.5 Additional Services. In the event that additional services are required that are outside the scope of this Agreement and/or it is determined that the not to exceed amounts specified in Table 1 will be exceeded, then City and Contractor shall negotiate a price for such services in accordance with the hourly rate schedule shown in Table

2. Contractor shall not perform any additional services until receipt of City’s written approval. If such approval will result in maximum compensation exceeding the amount in Section 6 of the Agreement, an amendment to this Agreement is required to authorize such additional costs.

2.3 2.4

Agreement with Alternative Energy Systems Consulting, Inc. Page 29 of 33 Rev. 07-01-18
SECTION 3. PAYMENT PROVISIONS

3.1 Contractor shall provide a monthly invoice to the City as outlined herein. Invoices must include the following information: Invoice Number, Purchase Order Number (if applicable), and Invoice Period. Each invoice shall provide sufficient detail for the City to verify that the rates listed in Tables 1 and 2 are charged including, but not limited to position and hourly rate.

For the time and materials basis of compensation, Contractor will base its invoice on the hours with the Services completed during the invoice period.

For the fixed fee basis of compensation, Contractor will base its invoice on the agreed upon payment schedule.

For the Pay-for Performance basis of compensation, Contractor will provide an invoice to the City on annual basis based on the calculation stated in Table 1 above.

3.2 Pre-Payment. City shall not be required to pay a deposit or any other form of pre- payment prior to Contractor beginning the Services.

3.3 Payment Limited to Satisfactory Work. Contractor is not entitled to any payments until the City concludes that the Services and/or any furnished deliverables have been satisfactorily performed.

3.4 Disputed Invoices. If the City in good faith disputes any portion of an invoice, the City shall pay the undisputed portion of the invoice and submit written notice to Contractor regarding the disputed amount. The notice shall include documentation supporting the disputed amount.

3.5 Payment. If there are no discrepancies or deficiencies in the submitted invoice and Contractor has submitted all required certified payroll, City shall process the invoice for payment. Payment will be made by the City to Contract or within net 30 days of approval. If payment for an undisputed invoice is not received within Net 30 days, Contractor has the right to stop work associated with this Agreement until past due balances are resolved.

3.1.1 3.1.2

3.1.3 Agreement with Alternative Energy Systems Consulting, Inc. Page 30 of 33 Rev. 07-01-18

EXHIBIT C

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

A. COMMERCIAL GENERAL LIABILITY INSURANCE

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

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

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

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

Agreement with Alternative Energy Systems Consulting, Inc. Page 31 of 33 Rev. 07-01-18
C. WORKERS’ COMPENSATION

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

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

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

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

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

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

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.

Agreement with Alternative Energy Systems Consulting, Inc. Page 32 of 33 Rev. 07-01-18
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation.

In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non-renewal.

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

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

Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.

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

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

Agreement with Alternative Energy Systems Consulting, Inc. Page 33 of 33 Rev. 07-01-18
the City all certificates and endorsements for the required insurance policies for City’s approval as to adequacy of the insurance protection.

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

EBIX Inc.

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

Telephone number: 951-766-2280
Fax number: 770-325-0409
Email address: [email protected]
H. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1403 Agenda Date: 3/19/2024

REPORT TO COUNCIL

SUBJECT
Action to Approve Expenditures and Ratify an Agreement with Bartley Pump PM, LLC, dba PumpMan Norcal, for the Well No. 34 Rehabilitation Project for a Not-to-Exceed Amount of $323,834

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The City of Santa Clara Water & Sewer Utilities Department (WSUD) owns, operates and maintains groundwater wells that provide potable water for the City’s water distribution system.

Well No. 34 is located at 615 Moreland Way and was constructed in 2004. The well has a total depth of 840 feet below ground surface and consists of a 16-inch diameter steel casing with Ful-Flo louvered openings at several intervals. The well has experienced issues with excessive sand production and hydrogen sulfide odor upon startup.

Well No. 34 is considered critical infrastructure to providing and maintaining high quality water service to the City’s residents and businesses north of Highway 101 due to water only being supplied by the San Francisco Public Utilities Hetch Hetchy import and City Well No. 34.

In March 2022, WSUD published a Request for Proposal (RFP) for well condition assessment and engineering services during rehabilitation. Three proposals were received and independently evaluated by a three-member evaluation team. Kyle Groundwater, Inc. was selected and approved by Council to perform condition assessments on six (6) water wells, including Well No. 34.

The condition assessment of Well No. 34 was performed in October 2022 using downhole video and electro-magnetic defecto-scope (EMDS) surveys. The work necessitated removal of the existing pump and motor to access the well casing.

Based on the results of the condition assessment, Well No. 34 has been recommended for rehabilitation consisting of sediment removal, mechanical and chemical cleaning, and well re- development via focused intake pumping and surging.

DISCUSSION
The existing pump and motor were inspected when they were removed as part of the well condition assessment. The inspection showed that the existing motor used a mercury seal. Since the original installation, new environmental regulations have been passed which prevent the installation/re- installation of mercury sealed motors. As such, the well could not be returned to service until the motor was replaced and Well No. 34 was prioritized for rehabilitation based on being a critical supply infrastructure and to avoid additional costs for multiple removals and reinstallations of the pump.

In September 2023, work began to rehabilitate Well No. 34. PumpMan Norcal was selected through City of Santa Clara Printed on 3/15/2024Page 1 of 3
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23-1403 Agenda Date: 3/19/2024
an informal competitive bid process conducted by staff in which six contractors were notified by email and two bids were received by the due date, as follows:

Bidder Name Bid Amount
Pump Man Norcal $239,120
L.O. Lynch $269,650
At the time, the Purchase Order with PumpMan Norcal was not Council-approved because it was below the requisite threshold of $250,000 for Council approval.

Repair work commenced on September 18, 2023. Sand production encountered during the rehabilitation necessitated additional work scope and change orders. It was initially believed that voids may have developed in the well gravel pack due to improper consolidation during the original well construction which reduced the performance of the gravel pack in filtering out sand. Additional work was performed to aid in consolidating the gravel pack to remove the voids.

The project experienced inconsistent sand production during the next phase of the well rehabilitation, test pumping and surging. A dynamic video survey was performed which allowed the well to be inspected while pumping and a small hole was observed in the well casing at 418 feet below ground surface where material was entering. The well casing hole was patched. Test pumping and surging resumed. The additional work included consolidation of the existing gravel pack, additional test pumping and surging, dynamic video survey and patching of the well casing hole. The total amount of change orders was $84,714.

The total project cost including change orders is $323,834.

ENVIRONMENTAL REVIEW
The actions being considered as a Class 1 Exemption under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15301(b) as it consists of maintenance of an existing publicly-owned utility with negligible or no expansion of existing or former use.

FISCAL IMPACT
The cost of the Well No. 34 Rehabilitation project is $323,834 and is funded by existing appropriations in the FY2023/24 Adopted Capital Improvement Program (CIP) Budget under New and Replacement Wells project in the Water Utility Capital Fund. A budget amendment is not required.

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

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office beginning the Thursday evening before the Tuesday 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] or at the public information desk at any City of Santa Clara public library.

City of Santa Clara Printed on 3/15/2024Page 2 of 3
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23-1403 Agenda Date: 3/19/2024

RECOMMENDATION

1. Determine the Project to be categorically exempt from formal environmental review under CEQA Guidelines section 15301(b) (Class 1 - Existing Facilities);

2. Approve the Well No. 34 Rehabilitation Project and ratify the agreement with Bartley Pump PM LLC, dba PumpMan Norcal, in the amount of $323,834.

Reviewed by: Gary Welling, Director, Water & Sewer Utilities Approved by: Jovan Grogan, City Manager

ATTACHMENTS

1. Purchase Order with Bartley Pump PM LLC, dba PumpMan Norcal City of Santa Clara Printed on 3/15/2024Page 3 of 3
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The complete contract shall consist of this Purchase Order, including the City's Standard Terms and Conditions and any addendum attached thereto, which can be found at https://santaclaraca.gov/CSCTermsAndConditions, plus all of the applicable attachments incorporated hereto or by reference herein. In the event of a conflict between the terms and conditions of this Purchase Order and the terms and conditions in any other attachment incorporated hereto or by reference herein, the terms and conditions of this Purchase Order shall control. Supplier agrees to comply with Executive Order N-6-22 (EO) issued on March 4, 2022 sanctions on materials and services from Russia.

Authorized Signature
Purchase Order

CHANGE ORDER
Page: 1
Dispatch Via Email
Purchase Order Date Revision
0000028935 08-21-2023 2 - 03-12-2024
Payment Terms Freight Terms Ship Via
30 Days FOB Prepaid Common Carrier
Buyer Phone Currency
Todd Ninokata 408/615-2049 USD

City of Santa Clara
Purchasing - City Hall
1500 Warburton Ave.

Santa Clara CA 95050-3796
United States
Ship To:

S17
City of Santa Clara
Water & Sewer - City Hall
1500 Warburton Ave.

Santa Clara CA 95050-3796
United States

Attention: Not Specified
Supplier: 0000038405

PUMPMAN NORCAL
4000 SOUTH MOORLAND AVE
SANTA ROSA CA 95407
United States
Bill To:

City of Santa Clara
Finance - Accounts Payable
1500 Warburton Ave.

Santa Clara CA 95050-3796
408-615-2369

Line-Sch Item/Description Quantity UOM PO Price Extended Amt Due Date 1 - 1 WELL 34 REHABILITATION -

CLEANING, INTAKE PUMPING AND

WELL RECEVELOPMENT

1.00 JOB 321360.25 321360.25

08/31/2023
2 - 1 PCO1 MATERIALS 1.00 LOT 1717.50 1717.50

03/22/2024

3 - 1 PCO1 FREIGHT 1.00 LOT 600.00 600.00

03/22/2024

**SECOND REVISION ADDING FUNDS FOR CHANGE ORDERS 1-5 ON 03/05/2024**

ALL SPECIFICATIONS AND REQUIREMENTS PURSUANT TO THE CITY OF SANTA CLARA'S REQUEST FOR BIDS ENTITLED, "WELL NO. 34 REHABILITATION PROJECT," DATED JUNE 15, 2023, ARE HEREBY INCORPORATED BY REFERENCE, HEREIN. PRICING PURSUANT TO PUMPMAN NORCAL'S BID RESPONSE, DATED JULY 10, 2023.

PREVAILING WAGE REQUIREMENTS SHALL APPLY. LABOR COMPLIANCE ADDENDUM IS INCORPORATED HEREIN AND INCLUDED WITH THIS PURCHASE ORDER.

DEPARTMENT CONTACT: LAWRENCE TAM (408) 615-2036
LCA REQ'D / DIR ID #483051 / CONSTRUCTION PERFORMANCE BOND #4376314 Sub Total 323,677.75
Tax Total SCC (9.13%) 156.72
Total PO Amount 323,834.47
City of
Santa Clara
The Cente r of What 's Possible
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1407 Agenda Date: 3/19/2024

REPORT TO COUNCIL

SUBJECT
Action on Award of Master Agreements with National Plant Services, Inc., Pipe and Plant Solutions Inc., and Able Construction Group for As-Needed Sanitary Sewer Cleaning and Closed-Circuit Television Inspection Services for a Maximum Aggregate Amount Not-to-Exceed $5,000,000

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The City’s sanitary sewer system consists of approximately 288 miles of sanitary sewer lines and 5,800 manholes. The Water and Sewer Utilities Department (Department) uses contractors to provide as-needed sanitary sewer cleaning and closed-circuit television (CCTV) inspection services to routinely assess the condition of the sanitary sewer lines and associated infrastructure to make informed decisions on maintenance, repairs, and potential replacement of the sanitary sewer lines.

The City’s agreements with the current service providers will expire on June 30, 2024.

DISCUSSION
Pursuant to City Code Section 2.105.140(c), a formal request for Request for Proposals (RFP) was conducted with the award recommendation based on “best value.” In July 2023, staff issued the RFP for sanitary sewer cleaning and CCTV video inspection services.

The RFP was published on the City’s e-procurement system, and five proposals were received from the following firms:
· Able Construction Group
· Cobabe Brothers Plumbing
· National Plant Services, Inc.
· Pipe and Plant Solutions, Inc
· Pro-Pipe
The proposals were evaluated and scored independently by a three-member evaluation team against the criteria and weights published in the RFP. Evaluation factors included company qualifications, experience, and capability to provide the services. The evaluation team determined National Plant Services, Inc., Pipe and Plant Solutions Inc., and Able Construction Group were the most qualified to provide sanitary sewer cleaning and inspection based on receiving the highest overall scores.

Staff recommends entering into a master agreement with each of the three highest rated companies.

These companies will exclusively compete for work via a secondary competitive bid process, unless City of Santa Clara Printed on 3/15/2024Page 1 of 3
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23-1407 Agenda Date: 3/19/2024
the nature of an emergency prevents competitive bidding. In such cases, awards will be made on a rotational basis. A work order, pursuant to the terms of the master agreement, will be issued to the lowest bid for each project.

Under the proposed agreements, the contractors will assess the internal condition of sanitary sewer lines using closed-circuit television. They will conduct CCTV video inspections in accordance with the Pipeline Assessment Certification Program (PACP) and Manhole Assessment Certification Program (MACP) administered by the National Association of Sewer Service Companies (NASSCO) to standardize the rehabilitation and assessment of underground structures. The Department will utilize the CCTV inspections to evaluate the sewer system and prioritize repair/improvement projects.

The term of the proposed master agreements is five years through June 30, 2029.

ENVIRONMENTAL REVIEW
The action being considered is categorized as a Class 1 Exemption under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15301(b) as it consists of maintenance of an existing publicly-owned utility with negligible or no expansion of existing or former use.

FISCAL IMPACT
Funding for the current agreement, which expires June 30, 2024, is appropriated in the Sanitary Sewer System Condition Assessment project in the Sewer Utility Capital Fund. Funding for the recommended next five-year term (July 1, 2024 through June 30, 2029) for the master agreements will be recommended as part of the FY 2024/25 and FY 2025/26 Proposed Capital Improvement Program Budget which will be brought forward for City Council approval in June 2024. The maximum aggregate amount of all work orders issued pursuant to the master agreements shall not exceed $5,000,000.

COORDINATION
This report has been coordinated with the Finance Department, the Department of Public Works, 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 beginning the Thursday evening before the Tuesday 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] or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION

1. Determine the project to be categorically exempt from formal environmental review under CEQA pursuant to CEQA Guidelines Section 15301(b) (Class 1 - Existing Facilities);

2. Authorize the City Manager to execute master agreements with National Plant Services, Inc., Pipe and Plant Solutions Inc., and Able Construction Group to provide as needed sanitary sewer cleaning and CCTV inspection services for a five-year term starting on July 1, 2024 and ending on June 30, 2029, with a maximum aggregate amount not-to-exceed $5,000,000 for the three agreements, subject to the appropriation of funds and review and approval as to form by the City Attorney; and
City of Santa Clara Printed on 3/15/2024Page 2 of 3
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23-1407 Agenda Date: 3/19/2024

3. Authorize the City Manager to take any actions as necessary to implement and administer the above agreements, including the secondary bid process outlined in the Report, and negotiate and execute amendments to such agreements to add or delete services consistent with the scope of services, subject to the appropriation of funds, the above maximum aggregate amount, and the review and approval as to form by the City Attorney.

Reviewed by: Gary Welling, Director, Water & Sewer Utilities Approved by: Jovan Grogan, City Manager
Attachments

1. Agreement for Services - Able Construction Group, Inc.

2. Agreement for Services - National Plant Services, Inc.

3. Agreement for Services - Pipe and Plant Solutions, Inc.

City of Santa Clara Printed on 3/15/2024Page 3 of 3
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Agreement with Able Construction Group, Inc. Page 1
Rev. 07-01-18
EBIX Insurance No. S200001142

AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
ABLE CONSTRUCTION GROUP, INC.

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

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

The Parties agree as follows:

AGREEMENT TERMS AND CONDITIONS

Exhibit A – Scope of Services
Exhibit B – Compensation
Exhibit C – Insurance Requirements
Exhibit D – Labor Compliance Addendum
Exhibit E – Sample Work Order Form

Agreement with Able Construction Group, Inc. Page 2
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
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on July 1, 2024 and terminate on June 30, 2029.

3. WORK ORDERS
A. Contractor shall provide Sanitary Sewer Inspection and Closed-Circuit Television (CCTV) Services described in Exhibit A to the City on an as- needed basis and as further described pursuant to individual work orders (“Work Orders”) issued in accordance with the Terms and Conditions of this Agreement. Each Work Order shall describe the services and deliverables (collectively “Work”) the Contractor must provide, the time limit within which the Contractor must complete the Work, and the compensation for the Work. Each Work Order shall be substantially in the form specified in Exhibit E.

B. Contractor acknowledges that Contractor is one of three contractors under contract to perform Sanitary Sewer Inspection and CCTV Services, pursuant to three separate agreements (collectively, the “Sanitary Sewer Inspection and CCTV Services Agreements”). When services are required, the City will solicit quotes from the three contractors and award actual work to the contractor submitting the lowest quote. In the event of an emergency, the City will award work on a rotational basis.

C. The City will not compensate the Contractor for any Work until the City has executed the Work Order for such Work (“Approved Work Order”).

D. Each Approved Work Order incorporates the Terms and Conditions of this Agreement and becomes a part of this Agreement. An Approved Work Order must be consistent with – and cannot alter - the terms and conditions of this Agreement. The terms and conditions of this Agreement control over the terms and conditions contained in an Approved Work Order – even if the Approved Work Order expressly states that it is intended to control. Any conflicting terms and conditions in an Approved Work Order are invalid and unenforceable.

E. The City has no obligation to issue any Approved Work Orders under this Agreement.

Agreement with Able Construction Group, Inc. Page 3
Rev. 07-01-18

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

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

6. COMPENSATION AND PAYMENT
There is a maximum aggregate compensation for the Sanitary Sewer Inspection and CCTV Services Agreements and a separate maximum compensation for each Approved Work Order.

A. Maximum Aggregate Compensation. The maximum aggregate compensation of the Sanitary Sewer Inspection and CCTV Services Agreements is Five Million Dollars ($5,000,000), subject to budget appropriations.

B. Each Approved Work Order will specify the maximum amount payable to the Contractor for the work (“Maximum Work Order Compensation”). The Contractor shall fully complete work required by the Approved Work Order for no more than that Maximum Work Order Compensation. City shall only be liable for charges expressly authorized in an Approved Work Order.

B. Termination for Default. If Contractor fails to perform any of its material obligations under this Agreement, in addition to all other remedies Agreement with Able Construction Group, Inc. Page 4
Rev. 07-01-18
provided by law, City may terminate this Agreement immediately upon written notice to Contractor.

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

Agreement with Able Construction Group, Inc. Page 5
Rev. 07-01-18

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

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

14. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Contractor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney’s fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner arising from, or alleged to arise in whole or in part from, or in any way connected with the Services performed by Contractor pursuant to this Agreement – including claims of any kind by Contractor’s employees or persons contracting with Contractor to perform any portion of the Scope of Services – and shall expressly include passive or active negligence by City connected with the Services. However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen Agreement with Able Construction Group, Inc. Page 6
Rev. 07-01-18
through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.

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

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: Water and Sewer Utilities
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected]

And to Contractor addressed as follows:

Able Construction Group, Inc.

Attn: Glen W. Gilbert
1020 Ruff Drive
Agreement with Able Construction Group, Inc. Page 7
Rev. 07-01-18
San Jose, CA 95110
and by e-mail at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.

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

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

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

Agreement with Able Construction Group, Inc. Page 8
Rev. 07-01-18

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.

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

Agreement with Able Construction Group, Inc. Page 9
Rev. 07-01-18

ABLE CONSTRUCTION GROUP, INC.,
a California corporation

Dated:

By (Signature):

Name: Glen W. Gilbert
Title: President
Principal Place of
Business Address:
1020 Ruff Drive
San Jose, CA 95110
Email Address: [email protected]
Telephone: (408) 377-9990
Fax: (408) 287-6095
“CONTRACTOR”

Agreement with Able Construction Group, Inc./Exhibit A-Scope of Services Page 1 Rev. 07-01-18

EXHIBIT A

SCOPE OF SERVICES
SECTION 1. OBJECTIVE
Contractor shall provide cleaning and assessment of sewer main segments on an as- needed basis, utilizing National Association of Sewer Service Companies (NASSCO) Pipeline Assessment & Certification Program (PACP & MACP) rating system.

SECTION 2. GENERAL

2.1 Contractor shall incorporate its own expertise int o the scope of services and to propose additions and/or modifications to the requested scope of services that Contractor deems necessary. Contractor shall be solely responsible for and have control over means, methods, techniques and procedures for providi ng adequate safety precautions and coordinating all portions of work.

2.2 Contractor shall be responsible for examining existing sanitary sewer system maps, sewer main data, specifications, and all other documents to sufficiently determine its ability to perform the work herein.

2.3 Work hours are from 7:00 a.m. to 6:00 p.m. Monday to Friday per encroachment permit requirements, excluding City holidays. Night work is permitted with written consent from the City or per the encroachment permit. Work on Saturday is permitted with written consent from the City, between the hours of 9:00 a.m. to 3:00 p.m. In the event of any conflict, the working hours specified on the encroachment permit shall take precedence.

2.4 Contractor shall submit a project schedule including an allowance for the permitting process prior to start of work.

SECTION 3. PERMITS AND LICENSES

3.1 Contractor shall be responsible for possessing and acquiring all necessary licenses and permits to perform the work specified herein, including but not limited to:

3.1.1 NASSCO Certification (PACP & MACP) for CCTV operators

3.1.2 Confined Space certification

3.1.3 Encroachment permits including traffic control plans. Encroachment permits may be required from one or all of the following depending on the location of work: City of Santa Clara, Santa Clara Valley Water District, Santa Clara County, and the State of California.

Agreement with Able Construction Group, Inc./Exhibit A-Scope of Services Page 2 Rev. 07-01-18
SECTION 4. SAFETY

4.1 Contractor shall furnish all labor, materials, tools and equipment necessary to clean and inspect sanitary sewer mains in a safe, timely and workmanlike manner and in conformance with the prevailing State and Federal Occupational Safety and Health Act (OSHA).

4.2 Costs from delays and losses due to non-conformance to applicable standards shall be solely borne by Contractor.

4.3 All trucks coming to a worksite or leaving a worksite with materials or loose debris or liquids shall be loaded in a manner which will prevent dropping of materials, debris, or liquids on public streets. Spillage resulting from hauling operations along or across any public traveled way shall be remedied immediately at Contractor’s expense.

SECTION 5. FIELD CONDITIONS

5.1 Contractor shall schedule the work to provide minimal interruption to traffic as feasibly possible.

5.2 Contractor shall ensure all vehicular, bicycle, and pedestrian traffic are permitted to pass through the work area. The full width of the traveled way shall be open for use by public traffic when CCTV inspection operations are not actively in progress on working day.

5.3 Contractor is responsible for providing all traffic control required to complete the work, and for keeping the work area clear of parked vehi cles as required. “No Parking” and related signs shall be posted 72 hours prior to commencement of any work, and shall meet all City requirements. No additional compensation will be allowed for providing the free passage of traffic through the work.

5.4 Contractor shall maintain free access to all fire hydrants, water valves and meters, and commercial and private driveways.

5.5 Storage of material and equipment on City streets will not be permitted.

5.6 Contractor shall not leave unattended any open sanitary sewer access points.

5.7 Contractor shall ensure all existing fence, lawn, survey monuments, or other improvements within the area of the work are protected from damage. If damaged, facilities shall be replaced by the Contractor in their present location and conditio n upon completion of the work at no additional cost to the City. Any existing improvements that are damaged by the Contractor shall be replaced or adjusted to the satisfaction of the City.

Agreement with Able Construction Group, Inc./Exhibit A-Scope of Services Page 3 Rev. 07-01-18
SECTION 6. SANITARY SEWER MAINLINE CLEANING

6.1 The following is a list of cleani ng equipment that will be allowed, depending upon the application:

6.1.1 High-Velocity Hydraulic (Hydro -Cleaning) Equipment: All high -velocity sewer cleaning equipment shall be constructed for ease and safety of operation. The equipment shall have a minimum wor king pressure of 2,000 psi at a 30 -gpm rate. The nozzles shall be capable of producing a scouring action in the lines designated to be cleaned to remove debris and sand from the flow line. Equipment shall also include a high-velocity jetter for washing a nd scouring manhole walls and floors. The jetter shall be capable of producing flows from a fine spray to a solid stream. The equipment shall carry a nominal 1,000 gallon minimum water tank, auxiliary engines, pumps, and hydraulically driven hose reel. The equipment shall have a minimum of 650 feet of high -pressure hose. The hose reel shall have a hose capable of reaching a minimum of 2000 feet.

6.1.2 In the event that a high velocity jetter is ineffective in cleaning the pipeline, Contractor may use an alternate method of cleaning at no extra cost to the City and with City’s approval.

6.1.3 Root Removal Equipment: Hydraulic or mechanical driven cutters may be used as necessary to remove roots obstructing camera progress. Chain flail nozzles shall be used for root removal in the following areas: (1) easements, (2) under freeways, (3) under Central Expressway, (4) under railroad tracks, and (5) at creek crossings. No chemicals will be allowed for use in root removal.

6.2 The following is a list of cleaning equipment that IS NOT allowed:

6.2.1 Sewer balls or movable dam

6.2.2 Mechanically Powered Equipment: Bucket machines

6.3 Contractor shall use sewer effluent to clean lines. However, if potable or recycled water is needed, Contractor shall apply for a portable hydrant meter from the City of Santa Clara Water and Sewer Utilities Division for construction. Construction water used for the cleaning of the sanitary sewer shall be paid for by Contractor.

6.4 Contractor shall remove all sludge, dirt, sand, rocks, grease, and other solids or semisolid material from the main so that defects are not obscured and to allow the water level to drop so that defects are visible. Contractor shall clean the main pipe interior to allow for adequate viewing of the sewer main during inspection.

6.5 Sewer main cleaning s hall be performed with hydraulically propelled high -velocity jet. The equipment and methods selected shall be in accordance with applicable industry standards and the City’s best management practices, including the City’s Agreement with Able Construction Group, Inc./Exhibit A-Scope of Services Page 4 Rev. 07-01-18
existing Sewer Standard Operating Procedures. The equipment shall be capable of removing dirt, grease, rocks, sand and other materials and obstructions from the sewer lines and manholes. As a minimum, jetting of main lines must be performed by pulling the high velocity spray nozzle in the direction opposite to the force created by the water pressure. Contractor may propose an alternate method of cleaning the sewer main lines at no extra cost to the City, which may be considered and must be approved in writing by the City.

6.6 Contractor shall ensure that water pressure created by the cleaning operations does not damage or cause flooding of public or private property. In addition, Contractor shall ensur e that the use of cleaning equipment does not damage existing pipe and manholes. If such objects are damaged by reason of the Contractor’s operations, they shall be replaced or restored to a condition as good as when the Contractor entered upon the work. T he cost of such repairs shall be borne by the Contractor.

6.7 Cleaning equipment shall consist of fully enclosed, sealed grit/water separators. It shall be capable of utilizing sewer effluent in lieu of potable water from a public hydrant. Equipment shall not cause any damage to the pipe. Any damage to the main pipe shall be repaired by the Contractor immediately at no cost to the City.

6.8 All sludge, dirt, sand, rocks, grease, roots, and other solid or semi -solid material resulting from the cleaning operation shall be removed at the downstream manhole of the section being cleaned. Passing material from manhole to manhole will not be permitted. Contractor shall be responsible for removal and disposal of all debris removed during the cleaning process. Contracto r shall also be responsible for finding a suitable disposal site for solids/debris and providing the City with a copy of the certified analytical report from the disposal site. Contractor shall comply with all Federal, State, and local regulations regarding storage, hauling, and disposal of debris. The City can provide a staging area at the northern part of the City if needed.

SECTION 7. SANITARY SEWER MANHOLE AND PUMP STATION WET WELL

CLEANING

7.1 Work shall include temporary bypass, dewatering and cleaning of wet well a nd pump station equipment within wet well.

7.2 Contractor shall use sewer effluent to clean lines. However, if potable or recycled water is needed, Contractor shall apply for a portable hydrant meter from the City of Santa Clara Water and Sewer Utilities Div ision for construction. Construction water used for the cleaning of the sanitary sewer shall be paid for by Contractor.

7.3 Contractor shall remove all sludge, dirt, sand, rocks, grease, and other solids or semisolid material from the wet well and pump station equipment. Contractor shall clean the wet well to allow for adequate viewing of the walls and floors during inspection.

Agreement with Able Construction Group, Inc./Exhibit A-Scope of Services Page 5 Rev. 07-01-18

7.4 Cleaning shall be performed with hydraulically propelled high -velocity jet or mechanical methods. The equipment and methods selected shall be in accordance with applicable industry standards and the City’s best management practices, including the City’s existing Sewer Standard Operating Procedures. The equipment shall be capable of removing dirt, grease, rocks, sand and other materials and obstructions from the wet well walls and floors and pump station equipment.

Contractor may propose an alternate method of cleaning at no extra cost to the City, which may be considered and must be approved in writing by the City.

7.5 Equipment shall consist of fully enclosed, sealed grit/water separators. It shall be capable of utilizing sewer effluent in lieu of potable water from a public hydrant.

Equipment shall not cause any damage to City facilities or pump station equipment.

Any damage to the City’s facilities shall be repaired by the Contractor immediately at no cost to the City.

SECTION 8. FLOW CONTROL

8.1 When sewer line depth of flow at the upstream manhole section being inspected is greater than 20% of the pipe diameter, Contractor shall reduce the flow throug h bypassing. Bypassing methods shall be approved by and observed by the City, and completed without causing a sanitary sewer overflow (SSO). Sewage shall not be allowed to free flow in gutters, streets, or over sidewalks, etc.

8.2 Contractor shall be fully re sponsible for preventing, containing, recovering, and disposing any spilled sewage. Contractor shall be liable for all fines, penalties, and claims arising from negligently causing a sewage spillage and from any violation of any law, ordinance, code, order, or regulation as result of the spillage.

8.3 Contractor shall develop and submit to the City a written Spill Response Plan prior to doing any work for review and approval. The Spill Response Plan shall address how Contractor will respond to any sewage spill . Contractor shall designate a primary representative and include respective phone numbers and cellular phone numbers. The primary representative shall be accessible and available at all times while work is in progress to immediately respond to any related emergency.

8.4 Contractor shall act immediately without instructions from the City to control and contain any sewage spill. Contractor shall immediately notify the City of any sewage spill and provide the City a report on all actions taken.

8.5 Immediately afte r inspection work has been completed, Contractor shall restore flow to normal.

SECTION 9. INSPECTION OF SANITARY SEWER MAIN

9.1 The camera used for inspection work shall be color format, specifically designed and constructed for use in sewers. The camera, television moni tor, and other Agreement with Able Construction Group, Inc./Exhibit A-Scope of Services Page 6 Rev. 07-01-18
components of the video system shall be capable of producing a color picture of quality adequate to identify major defects and locate laterals accurately.

9.2 The camera must be able to pan, tilt and rotate 360 degrees.

9.3 The camera shall be moun ted on skids or tractor suitably sized for the pipe to be televised that will position the camera lens above the liquid flow line, near the center axis of the pipe. The water level shall not be more than 20% of the pipe diameter during the inspection. Any motorized transporters shall have adjustable speed control.

9.4 The inspection will be completed one manhole -to-manhole pipe section at a time, in the direction of flow, and the flow in the section being inspected will be suitable controlled as specified.

9.5 The camera shall be moved through the pipe at a steady pace not to exceed 30 feet per minute. The camera should be stopped while the operator views defects and features and enters the respective codes.

9.6 If, during a run, the camera lens becomes soiled or fog ged, the camera shall be shut down and the lens cleaned, even if this requires removing the camera from the line. If the camera is removed from the line for lens cleaning or for cleaning the line of fog, the camera shall be returned to the point where acce ptable footage was obtained. Footage of the camera being pulled out of the line for lens cleaning shall not be included in the video. If fog is encountered during a run, Contractor shall stop the camera and ventilate the line to remove the fog. Unclear foo tage will not be accepted by the City.

9.7 If during the inspection the television camera will not pass through the entire sewer pipe, Contractor shall set up equipment so that the inspection can be performed from the opposing manhole in a reverse setup.

9.8 The “zero” point of the inspection shall be at the invert of the manhole and at the pipe entrance.

SECTION 10. INSPECTION OF SANITARY SEWER MANHOLE AND PUMP

STATION WET WELL

10.1 All manholes and wet wells shall be treated as confined spaces. The entry of manholes for cleaning and inspection shall follow confined space protocol. If entry to confined spaces is necessary, Contractor shall follow all Cal -OSHA and Title 8 requirements, including but not limited to:

10.1.1 Having a gas detector on-site at all times, charged, calibrated and ready to go to monitor for safe oxygen levels, hydrogen sulfides, and combustibles.

Agreement with Able Construction Group, Inc./Exhibit A-Scope of Services Page 7 Rev. 07-01-18

10.1.2 Having a confined space plan and a list of certified confined space individuals.

10.1.3 Using a gas detector before manhole lids are removed and during any manhole entry and document such use.

10.1.4 Having on -site other manhole entry equipment that includes but is not limited to: harness, rope, tripod & winch, ventilators, hard hats, and other personal protective equipment required.

10.2 Contractor shall use mechanical devices or equipment to lower and/or remove the video camera whenever possible.

10.3 The identified sewer manholes and wet wells shall be inspected for general construction, condition, and evidence of inflow, infiltration or surcharging. The interior of each manhole shall also be photographed and documented.

10.3.1 The City will provide Contractor a list of sewer mainlines to be inspected that includes manhole ID’s of both the upstream and downstream manhole connections. Contractor shall inspect each manhole con nected to the sewer mainline to be inspected.

10.4 Contractor will be responsible for performing the following tasks:

10.4.1 Assess and record results of manhole and wet well inspection on an inspection form approved by the City.

10.4.2 Measure depth of each manhole and associated pipelines. Contractor shall provide rim to the invert of every incoming and outgoing pipe, location and diameter of pipes within the manhole.

10.4.3 Perform inspection of each manhole and wet well per NASSCO MACP standard.

10.5 In addition to providing a manho le inspection form, Contractor shall provide the following deliverables associated with manhole inspections:

10.5.1 Manhole Inspection Table

10.5.2 List of any manholes within the scope that were not inspected and an explanation of why they were not inspected.

SECTION 11. DELIVERABLES

11.1 Daily Progress Reports – Daily progress reports shall include the following: date of report, start and stop times, crew names and classifications, number and type of Agreement with Able Construction Group, Inc./Exhibit A-Scope of Services Page 8 Rev. 07-01-18
equipment used, and locations and description of work performed. Reports shall include minimum two pictures of the work performed.

11.2 Schedules – A three week look ahead showing the anticipated work locations and durations shall be submitted on a weekly basis.

11.3 CCTV Inspection Files – Video, pictures and reports shall be submitted per the requirements in Section 12.

11.4 Final Report – Contractor shall prepare a final report in PDF format. The report shall include at minimum: project description, scope of work, methodology, condition ratings of all inspected facilities and a priority ranking for repairs.

Report shall include a summary table showing the inspected facilities and provide the following information: upstream and downstream manhole numbers, Facility ID, length, diameter, material, location (street name), PACP structural quick rating and PACP maintenance quick rating. A copy of the summary table in Microsoft Excel format shall be provided by the Contractor.

SECTION 12. SUBMITTAL REQUIREMENTS

12.1 Contractor shall use the City’s construction management software eBuilder to submit invoices and daily progress reports.

12.2 All data shall be collected and delivered via one of the formats listed below. All video files shall be MP4 H.264 codec.

12.2.1 ITpipes Mobile (preferred); or

12.2.2 PACP7 format and delivered via a PACP7 exchange database. Contractor shall utilize the required fields per PACP7 in addition to the following:

12.2.2.1 Pipe Segment Reference Number – Entered as the Santa Clara Facility ID (format ##-#####).

12.2.2.2 Project – Enter Contractor name or abbreviation. Field entry should be consistent for all task orders.

12.2.2.3 Drainage Area – Enter the agreed upon Project Name

12.2.2.4 PACP certification numbers shall be entered without hyphens

12.2.3 Contractor shall deliver a sample set of data (minimum 5 sample inspections) for the City to verify import functions prior to start of work.

12.2.4 MACP data shall be submitted via a Lucity form available on the Apple App Store. Contractor is required to download application. City will assist to setup user account.

Agreement with Able Construction Group, Inc./Exhibit A-Scope of Services Page 9 Rev. 07-01-18

12.3 The following information must be provided as screen text on the video recording:

12.3.1 Owner as City of Santa Clara

12.3.2 Location of Inspection

12.3.3 Project Name under the Drainage Area field

12.3.4 Upstream and downstream manhole numbers

12.3.5 Direction of camera travel

12.3.6 Date and time of day

12.3.7 CCTV company

12.3.8 Operator’s name

12.3.9 Pipe Shape (e.g. circular, oval, etc.)

12.3.10 Pipe Diameter

12.3.11 Pipe Material

12.4 The following information must be provided as screen text on the video recording at observation locations:

12.4.1 Upstream and downstream manhole numbers

12.4.2 PACP defect code and description

12.4.3 Clock indicator of defect

12.4.4 Distance from start manhole

12.5 The text shall be clearly displayed on a contrasting background (e.g., white text on dark background or black text on white background). This text shall be displayed for approximately 15 seconds or for the duration of the start-up narration, whichever is longer.

12.6 During CCTV, the running screen must include the following information. The display of this information must in no way obscure the central focus of the pipe being inspected.

12.6.1 Running footage (distance traveled)

12.6.2 Upstream and downstream (or “from” and “t o”) manhole numbers of inspected pipe segment.

Agreement with Able Construction Group, Inc./Exhibit A-Scope of Services Page 10 Rev. 07-01-18

12.7 The end point of the inspected pipe segment shall be indicated with screen text for approximately 15 seconds. The ending screen text shall indicate the following:

12.7.1 Ending footage

12.7.2 Date and time of day

12.7.3 Upstream and downstream manhole numbers of inspected pipe segment

12.8 A voice narration must be included in the video recording.

12.8.1 All observations along the length of the pipe must also be narrated, with a description of the observation and clock position, if applicable.

12.8.2 At the conclusion of the inspection of a pipe segment, the operator shall state the final CCTV footage and indicate that the CCTV inspection of the pipe segment is complete. If the inspection had to be abandoned before reaching the ending manhole, then a statement to this effect shall be made as part of the ending narration with a reason given as to why the inspection could not be completed.

12.9 Contractor shall furnish a report and photos indicating the location of all laterals and connections encountered the location of any breaks, obstructions, offsets, high points, sags or other major defects. All reports shall be generated using ITpipes or compatible software with ITpipes and Lucity. The reports should be prepared using NASSCO certified PACP defect codi ng system for sewer mainline. Media should be high quality “.mp4 (video) and *.jpeg (picture) correctly referenced in the database.

12.10 Additional requirements on the CCTV inspection video, report form, and procedure shall be provided upon City’s request.

12.11 Contractor shall be responsible for implementing quality assurance/quality control procedures necessary to ensure that all CCTV inspection video, digital photographs and observation data meet the requirements herein. Contractor shall be responsible for correcting or re-televising any rejected segments at its own cost.

12.12 Contractor shall deliver the video inspections and logs on a portable hard drive.

Agreement with Able Construction Group, Inc./Exhibit B-Compensation Page 1 Rev. 07-01-18

EXHIBIT B

COMPENSATION

1. The maximum compensation shall be as set forth in each Approved Work Order (Maximum Work Order Compensation) pursuant to section 3.B. No services will be performed unless both Parties execute an Approved Work Order outlining the services requested by the City and the agreed-upon compensation.

2. Acceptance of sanitary sewer main cleaning and inspection shall be made upon demonstration, through CCTV and approval of the cleaning by City, that the line has been cleaned sufficiently to allow determination of its condition. Costs for sanitary sewer main cleaning and inspection shall be included in Contractor’s lump sum price. Contractor shall include in their proposal a sum sufficient to cover the costs of doing the work under the existing site conditions and project requirements. No additional compensation shall be made thereof.

3. Services are payable in one lump sum upon the City’s acceptance of the work and Contractor’s submission of an invoice and deliverables.

4. City will pay Contractor within thirty (30) days of City’s receipt of an approved invoice package.

Agreement with Able Construction Group, Inc./Exhibit C-Insurance Requirements Page 1 Rev. 07-01-18

EXHIBIT C

A. COMMERCIAL GENERAL LIABILITY INSURANCE

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

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

Agreement with Able Construction Group, Inc./Exhibit C-Insurance Requirements Page 2 Rev. 07-01-18
C. WORKERS’ COMPENSATION

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

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

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

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

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

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

F. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, Agreement with Able Construction Group, Inc./Exhibit C-Insurance Requirements Page 4 Rev. 07-01-18
satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City’s approval as to adequacy of the insurance protection.

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

EBIX Inc.

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

Agreement with Able Construction Group, Inc./Exhibit D-Labor Compliance Page 1 Rev. 07-01-18

EXHIBIT D

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

I. Prevailing Wage Requirements

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

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

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

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

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

5. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, Contractor agrees to present to City, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request. The term “certified payroll” shall include all required documentation to comply with the mandates set forth in Labor Code § 1720 et seq, as well as any additional documentation requested by the City or its designee including, but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly Agreement with Able Construction Group, Inc./Exhibit D-Labor Compliance Page 2 Rev. 07-01-18
benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.

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

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

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

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

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

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

J. Audit Rights
All records or documents required to be kept pursuant to this Agreement to verify compliance with this Addendum shall be made available for audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents shall be provided to City for audit at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records Agreement with Able Construction Group, Inc./Exhibit D-Labor Compliance Page 3 Rev. 07-01-18
or documents shall be made available at Contractor’s address indicated for receipt of notices in this Agreement.

K. Enforcement

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

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

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

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

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

Agreement with Able Construction Group, Inc./Exhibit D-Labor Compliance Page 4 Rev. 07-01-18

EXHIBIT E

SAMPLE WORK ORDER FORM

This Work Order is issued by the City of Santa Clara acting by and through its Water & Sewer Utilities Department (the “Department”) to the contractor listed below. This Work Order shall constitute a binding legal contract between the Department and Contractor pursuant to the terms of the Agreement referenced below. In the event of any inconsistency between this Work Order and the Terms and Conditions of the Agreement, the Terms and Conditions of the Agreement shall govern and control.

PART A: GENERAL INFORMATION
Work Order No.: Original
First Revised
Second Revised
Other Contract No.

Contractor Name/Address:

Master Agreement Name:

Expiration Date of Agreement:

Contractor’s Project Manager:

Name: Email:

City’s Project Manager
Name: Email:

Period of Performance for this
Work Order:

Start Date: Expected Completion Date:

Maximum Work Order Compensation:

Sufficient funds are available in Fund #:
(to be completed by City)
Signatures:

Contractor Name [Print]:

Signature
Date:

City’s Project Manager [Print]:

Signature
Date:

City’s Department Director Name [Print]:

Signature
Date:

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Agreement with Able Construction Group, Inc./Exhibit D-Labor Compliance Page 5 Rev. 07-01-18
PART B: SERVICES TO BE PERFORMED FOR WORK ORDER

1. REVISED WORK ORDER
No
If yes, provide a brief description of the change(s).

2. SCOPE OF WORK TO BE PERFORMED
The Contractor shall perform the service(s) described below in accordance with all of the Terms and Conditions of the Agreement. (Insert a detailed scope of work below or attach as a separate file.)

3. COMPENSATION
a. Basis of Compensation: Time & Materials Fixed Fee b. Reimbursable Expenses:

No expenses are reimbursable.

Expenses are separately reimbursable in the maximum amount of:
c. Payment Schedule: Monthly Completion of Deliverable/Milestone Completion of Work d. Payment Terms. Provide payment terms below or attach as a separate file.

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Agreement with National Plant Services, Inc. Page 1
Rev. 07-01-18
EBIX Insurance No. S200004591

AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
NATIONAL PLANT SERVICES, INC.

PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and National Plant Services, Inc., an Illinois corporation (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

The Parties agree as follows:

AGREEMENT TERMS AND CONDITIONS

Exhibit A – Scope of Services
Exhibit B – Compensation
Exhibit C – Insurance Requirements
Exhibit D – Labor Compliance Addendum
Exhibit E – Sample Work Order Form

Agreement with National Plant Services, Inc. Page 2
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.

C. The City will not compensate the Contractor for any Work until the City has executed the Work Order for such Work (“Approved Work Order”).

E. The City has no obligation to issue any Approved Work Orders under this Agreement.

Agreement with National Plant Services, Inc. Page 3
Rev. 07-01-18

6. COMPENSATION AND PAYMENT
There is a maximum aggregate compensation for the Sanitary Sewer Inspection and CCTV Services Agreements and a separate maximum compensation for each Approved Work Order.

B. Termination for Default. If Contractor fails to perform any of its material obligations under this Agreement, in addition to all other remedies Agreement with National Plant Services, Inc. Page 4
Rev. 07-01-18
provided by law, City may terminate this Agreement immediately upon written notice to Contractor.

Agreement with National Plant Services, Inc. Page 5
Rev. 07-01-18

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

14. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Contractor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney’s fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner arising from, or alleged to arise in whole or in part from, or in any way connected with the Services performed by Contractor pursuant to this Agreement – including claims of any kind by Contractor’s employees or persons contracting with Contractor to perform any portion of the Scope of Services – and shall expressly include passive or active negligence by City connected with the Services. However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen Agreement with National Plant Services, Inc. Page 6
Rev. 07-01-18
through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.

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: Water and Sewer Utilities
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected]

And to Contractor addressed as follows:

National Plant Services, Inc.

Attn: Dennis Keene
1461 Harbor Avenue
Agreement with National Plant Services, Inc. Page 7
Rev. 07-01-18
Long Beach, CA 90813
and by e-mail at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.

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

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

Agreement with National Plant Services, Inc. Page 8
Rev. 07-01-18

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.

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

Agreement with National Plant Services, Inc. Page 9
Rev. 07-01-18

NATIONAL PLANT SERVICES, INC.,
an Illinois corporation

Dated:

By (Signature):

Name: Dennis Keene
Title: President
Principal Place of
Business Address:
1461 Harbor Avenue
Long Beach, CA 90813
Email Address: [email protected]
Telephone: (562) 436-7600
Fax: (510) 291-3142
“CONTRACTOR”

Agreement with National Plant Services, Inc./Exhibit A-Scope of Services Page 1 Rev. 07-01-18

EXHIBIT A

SECTION 2. GENERAL

2.1 Contractor shall incorporate its own expertise into the scope of services and to propose additions and/or modifications to the requested scope of services that Contractor deems necessary. Contractor shall be solely responsible for and have control over mea ns, methods, techniques and procedures for providing adequate safety precautions and coordinating all portions of work.

2.2 Contractor shall be responsible for examining existing sanitary sewer system maps, sewer main data, specifications, and all other docum ents to sufficiently determine its ability to perform the work herein.

2.4 Contractor shall submit a project schedule including an allowance for the permitting process prior to start of work.

SECTION 3. PERMITS AND LICENSES

3.1 Contractor shall be responsible for possessing and acquiring all necessary licenses and permits to perform the work specified herein, including but not limited to:

3.1.1 NASSCO Certification (PACP & MACP) for CCTV operators

3.1.2 Confined Space certification

Agreement with National Plant Services, Inc./Exhibit A-Scope of Services Page 2 Rev. 07-01-18
SECTION 4. SAFETY

4.2 Costs from delays and losses due to non-conformance to applicable standards shall be solely borne by Contractor.

SECTION 5. FIELD CONDITIONS

5.1 Contractor shall schedule the work to provide minimal interruption to traffic as feasibly possible.

5.3 Contractor is responsible for providing all traffic control required to complete the work, and for keeping the work area clear of parked vehicles as required. “No Parking” and related signs shall be posted 72 hours prior to commencement of any work, and sh all meet all City requirements. No additional compensation will be allowed for providing the free passage of traffic through the work.

5.4 Contractor shall maintain free access to all fire hydrants, water valves and meters, and commercial and private driveways.

5.5 Storage of material and equipment on City streets will not be permitted.

5.6 Contractor shall not leave unattended any open sanitary sewer access points.

5.7 Contractor shall ensure all existing fence, lawn, survey monuments, or other improvements within the area of the work are protected from damage. If damaged, facilities shall be replaced by the Contractor in their present location and condition upon completion of the work at no additional cost to the City. Any existing improvements that are damaged by the Contractor shall be replaced or adjusted to the satisfaction of the City.

Agreement with National Plant Services, Inc./Exhibit A-Scope of Services Page 3 Rev. 07-01-18
SECTION 6. SANITARY SEWER MAINLINE CLEANING

6.1 The following is a list of cleaning equipment that will be allowed, depending upon the application:

6.1.1 High-Velocity Hydraulic (Hydro -Cleaning) Equipme nt: All high -velocity sewer cleaning equipment shall be constructed for ease and safety of operation. The equipment shall have a minimum working pressure of 2,000 psi at a 30 -gpm rate. The nozzles shall be capable of producing a scouring action in the lines designated to be cleaned to remove debris and sand from the flow line. Equipment shall also include a high-velocity jetter for washing and scouring manhole walls and floors. The jetter shall be capable of producing flows from a fine spray to a solid stream. The equipment shall carry a nominal 1,000 gallon minimum water tank, auxiliary engines, pumps, and hydraulically driven hose reel. The equipment shall have a minimum of 650 feet of high -pressure hose. The hose reel shall have a hose capable of reaching a minimum of 2000 feet.

6.1.2 In the event that a high velocity jetter is ineffective in cleaning the pipeline, Contractor may use an alternate method of cleaning at no extra cost to the City and with City’s approval.

6.2 The following is a list of cleaning equipment that IS NOT allowed:

6.2.1 Sewer balls or movable dam

6.2.2 Mechanically Powered Equipment: Bucket machines

6.5 Sewer main cleaning s hall be performed with hydraulically propelled high -velocity jet. The equipment and methods selected shall be in accordance with applicable industry standards and the City’s best management practices, including the City’s Agreement with National Plant Services, Inc./Exhibit A-Scope of Services Page 4 Rev. 07-01-18
existing Sewer Standard Operating Procedures. The equipment shall be capable of removing dirt, grease, rocks, sand and other materials and obstructions from the sewer lines and manholes. As a minimum, jetting of main lines must be performed by pulling the high velocity spray nozzle in the direction opposite to the force created by the water pressure. Contractor may propose an alternate method of cleaning the sewer main lines at no extra cost to the City, which may be considered and must be approved in writing by the City.

SECTION 7. SANITARY SEWER MANHOLE AND PUMP STATION WET WELL

CLEANING

7.1 Work shall include temporary bypass, dewatering and cleaning of wet well a nd pump station equipment within wet well.

Agreement with National Plant Services, Inc./Exhibit A-Scope of Services Page 5 Rev. 07-01-18

Contractor may propose an alternate method of cleaning at no extra cost to the City, which may be considered and must be approved in writing by the City.

7.5 Equipment shall consist of fully enclosed, sealed grit/water separators. It shall be capable of utilizing sewer effluent in lieu of potable water from a public hydrant.

Equipment shall not cause any damage to City facilities or pump station equipment.

Any damage to the City’s facilities shall be repaired by the Contractor immediately at no cost to the City.

SECTION 8. FLOW CONTROL

8.5 Immediately afte r inspection work has been completed, Contractor shall restore flow to normal.

SECTION 9. INSPECTION OF SANITARY SEWER MAIN

9.1 The camera used for inspection work shall be color format, specifically designed and constructed for use in sewers. The camera, television moni tor, and other Agreement with National Plant Services, Inc./Exhibit A-Scope of Services Page 6 Rev. 07-01-18
components of the video system shall be capable of producing a color picture of quality adequate to identify major defects and locate laterals accurately.

9.2 The camera must be able to pan, tilt and rotate 360 degrees.

9.4 The inspection will be completed one manhole -to-manhole pipe section at a time, in the direction of flow, and the flow in the section being inspected will be suitable controlled as specified.

9.8 The “zero” point of the inspection shall be at the invert of the manhole and at the pipe entrance.

SECTION 10. INSPECTION OF SANITARY SEWER MANHOLE AND PUMP

STATION WET WELL

10.1.1 Having a gas detector on-site at all times, charged, calibrated and ready to go to monitor for safe oxygen levels, hydrogen sulfides, and combustibles.

Agreement with National Plant Services, Inc./Exhibit A-Scope of Services Page 7 Rev. 07-01-18