Renewal Terms/Information:
General Information
Governing
Agreement(s)
This Order Form, including any OnPrem Licenses, Maintenance and Support, and Subscription Services will be governed by the applicable terms and conditions. If those terms and conditions are non-existent, have expired, do not apply or have otherwise been terminated, the following terms at
https://www.accela.com/terms/ will govern as applicable, based on the Customer’s purchase.
Order Terms
Order Start Date Unless otherwise specified in the Special Order Terms:
• Software Licenses & Subscriptions start on the date of delivery by Accela; • Hosting and Support start on Accela’s delivery of the software hosted and/or supported;.
Order Duration Unless otherwise specified in the Special Order Terms:
• Subscriptions continue from the Order Start Date through the number of months listed in this Order Form (or if not listed, twelve (12) months). Thereafter Subscriptions automatically renew annually as calculated from Order Start Date of Customer’s first Subscription purchase.
• Any Software Licenses or Hardware are one-time, non-refundable purchases. • Hosting and Support continue from the Order Start Date through the number of months listed in this Order Form (or if not listed, twelve (12) months). • Professional Services continue for the duration as outlined in the applicable Statement of Work, Exhibit or the Governing Agreement, as applicable.
Special Order Terms This Order Form replaces all previous order forms for the terms listed above and will govern the Software, Maintenance, and/or Services items listed on this Order Form. • In the event of an inconsistency between this Order Form, any governing agreement, purchase order, or invoice, the Order Form shall govern as it pertains to this transaction.
• For Software Licenses, Accela may terminate this Order Form in the event the Software is phased out across Accela’s customer base. In such event, Accela will provide Customer sufficient advance notice and the parties will mutually agree to a migration plan for converting Customer to another Accela generally-available offering with comparable functionality.
Payment Terms
Currency USD
Invoice Date Unless otherwise stated in the Special Payment Terms, Invoice for the Grand Total above will be issued on the Order Start Date.
Payment Due Date Unless otherwise stated in the Special Payment Terms or the Governing Agreement(s), all payments are due on the Invoice Date and payable
net 30 days.
Service Charge Pricing is based upon payment by ACH or check. Payment by credit card (including Purchase Cards) for product and services in this Order Form will be subject to a service charge of 3%.
There is no service charge for ACH or check payment.
Quote Number:Q-30787-1 Print Date:8/14/2023
Page
2 of 3
Special
Payment
Terms
None unless otherwise specified in this location.
Purchase Order If Customer requires PO number on invoices, it must be provided below and Customer must provide a copy of the PO prior to invoice issuance. If no PO number provided prior to invoice issuance date, invoices issued on this Order Form will be valid without a PO reference.
PO#
Signatures
Accela, Inc. Customer
Signature:
Signature:
Print Name:
Print Name:
Title:
Title:
Date:
Date:
Quote Number:Q-30787-1 Print Date:8/14/2023
Page
3 of 3
~Accela
2633 Camino Ramon, Suite 500
San Ramon, CA 94583
ORDER FORM
Address Information
Bill To:
City of Santa Clara
1500 Warburton Ave.
Santa Clara, California 95050
United States
Billing Contact: Gillian Norris
Billing Phone: 4086155536
Billing Email: [email protected]
Services
Services Start Date
PublicStuff Pro 11/10/2020
Lucity Integration 11/10/2020
Active Directory Integration 11/10/2020
Accela CRM - Interface - ESRI/GIS 11/10/2020
Renewal Terms/ Information
Accela Order Form
Proposed by: Caitlin Carter
Contact Phone:
Contact Email: [email protected]
Quote ID: Q-20130
Valid Through: 11/1/2020
Currency: USD
Ship To:
City of Santa Clara
1500 Warburton Ave.
Santa Clara, California 95050
United States
End Date Term Unit Price Quantity
(Mths)
11/09/2021 12 $20,898.02 1.00
11/09/2021 12 $2,805.10 1.00
11/09/2021 12 $701.28 1.00
11/09/2021 12 $3,675.13 1.00
Total
-1-
Total Price
$20,898.02
$2,805.10
$701.28
$3,675.13
$28,079.53
opid:O-031501
General Information
Governing Agreement(s) This Order Form will be governed by the Accela Master Software As A Service (SaaS) Agreement entered into as of 9/23/2019.
-
Order Terms
Order Start Date Unless otherwise specified in the Special Order Terms:
• Software Licenses & Subscriptions start on the date of delivery by Accela; • Hosting and Support start on Acce!a's delivery of the software hosted and/or supported; .
Order Duration Unless otherwise specified in the Special Order Terms:
• Subscriptions continue from the Order Start Date through the number of months listed in this Order Form (or if not listed, twelve {12) months). Thereafter Subscriptions automatically renew annually as calculated from Order Start Date of Customer's first Subscription purchase. • Any Software Licenses or Hardware are one-time, non-refundable purchases, • Hosting and Support continue from the Order Start Date through the number of months listed in this Order Form (or if not listed, twelve (12) months).
• Professional Services continue for the duration as outlined in the applicable Statement of Work, Exhibit or the Governing Agreement, as applicable.
Special Order Terms This Order Form replaces al! previous order forms for the terms listed above and will govern the Software, Maintenance, and/or Services items listed on Page 2 of this Order Form. • In the event of an inconsistency between this Order Form, any governing agreement, purchase order, or invoice, the Order Form shall govern as it pertains to this transaction. • For Software Licenses, Accela may terminate this Order Form in the event the Software is phased out across Accela's customer base. In such event, Accela will provide Customer sufficient advance notice and the parties will mutually agree to a migration plan for converting Customer to another Accela generally- available offering with comparable functionality,
• This Order includes Accela Integration with Pub!icStuff at no extra cost .
Payment Terms
Currency USO
Invoice Date Unless otherwise stated in the Special Payment Terms, Invoice for the Grand Total$ above will be issued on the Order Start Date.
Payment Due Date Unless otherwise stated in the Special Payment Terms or the Governing Agreement(s), all payments are due on the Invoice Date and payable net 30 days.
Special Payment Terms None unless otherwise specified in this section.
Purchase Order If Customer requires PO number on invoices, it must be provided to the right and Customer PO# must provide copy of the PO prior to invoice issuance. If no PO number provided prior to 1x5L/J1 invoice issuance date, invoices issued on this Order Form will be valid without a PO reference. - 2 -
Accela Order Form opid:0-031501
11/16/2020
VP of Sales
Mitch Knight
2633 Camino Ramon, Suite 500
San Ramon, CA, 94583
Proposed by: Caitlin Carter
Contact Phone:
Contact Email: [email protected]
Quote ID: Q-23942
Valid Through: 12/22/2021
Currency: USD
Renewal Order Form
Address Information
Bill To: Ship To:
City of Santa Clara City of Santa Clara
1500 Warburton Ave.
Santa Clara, California 95050
United States
1500 Warburton Ave.
Santa Clara, California 95050
United States
Billing Name: Gillian Norris
Billing Phone: 4086155536
Billing Email: [email protected]
Services Year Start Date End Date Term
(Months)
Price Qty Net Total
PublicStuff Pro Year 1 11/10/2021 11/9/2022 12 $22,360.88 1 $22,360.88 Lucity Integration Year 1 11/10/2021 11/9/2022 12 $3,001.46 1 $3,001.46 Active Directory Integration Year 1 11/10/2021 11/9/2022 12 $750.37 1 $750.37 Accela CRM - Interface - ESRI/
GIS
Year 1 11/10/2021 11/9/2022 12 $3,932.39 1 $3,932.39
TOTAL: $30,045.10
Pricing Summary
Period Net Total
Year 1 $ 30,045.10
Total $ 30,045.10
Renewal Terms/Information:
General Information
Governing
Agreement(s)
This Order Form will be governed by the Accela Master Software as a Service Agreement fully executed on 9/23/2019. In the event of an inconsistency between this Order Form and the Terms and Conditions of the Governing Agreement, the Terms and Conditions of the Governing Agreement shall govern and control.
Order Terms
Order Start Date • Software Licenses & Subscriptions start on the date of delivery by Accela; • Hosting and Support start on Accela’s delivery of the software hosted and/or supported;.
Order Duration • Subscriptions continue from the Order Start Date through the number of months listed in this Order Form (or if not listed, twelve (12) months). Thereafter Subscriptions automatically renew annually as calculated from Order Start Date of Customer’s first Subscription purchase.
• Any Software Licenses or Hardware are one-time, non-refundable purchases. • Hosting and Support continue from the Order Start Date through the number of months listed in this Order Form (or if not listed, twelve (12) months). • Professional Services continue for the duration as outlined in the applicable Statement of Work, Exhibit or the Governing Agreement, as applicable.
Special Order Terms This Order Form replaces all previous order forms for the terms listed above and will govern the Software, Maintenance, and/or Services items listed on this Order Form. • For Software Licenses, Accela may terminate this Order Form in the event the Software is phased out across Accela’s customer base. In such event, Accela will provide Customer sufficient advance notice and the parties will mutually agree to a migration plan for converting Customer to another Accela generally-available offering with comparable functionality.
Payment Terms
Currency USD
Invoice Date Unless otherwise stated in the Special Payment Terms, Invoice for the Grand Total above will be issued on the Order Start Date.
Payment Due Date Unless otherwise stated in the Special Payment Terms or the Governing Agreement(s), all payments are due on the Invoice Date and payable net 30 days.
Special
Payment
Terms
None unless otherwise specified in this location.
Purchase Order If Customer requires PO number on invoices, it must be provided below and Customer must provide a copy of the PO prior to invoice issuance. If no PO number provided prior to invoice issuance date, invoices issued on this Order Form will be valid without a PO reference.
PO#
Signatures
Accela, Inc. Customer
Signature: Signature:
Print Name: Print Name:
Title: Title:
Date: Date:
Gillian Norris
Sr IT Services Manager
12/15/21
i:Accela
2633 Camino Ramon, Suite 500
San Ramon, CA, 94583
Proposed by: Caitlin Carter
Contact Phone: (925) 359 - 3411
Contact Email: [email protected]
Quote ID: 0-27791
Valid Through: 9/11/2022
Currency: USO
Renewal Order Form
Address Information
Bill To:
City of Santa Clara
1500 Warburton Ave.
Santa Clara, California 95050
United Slates
Billing Name: Gillian Norris
Billing Phone: 14086155536
Billing Email: [email protected]
Services
PublicStuff Pro
Lucity Integration
Active Directory Integration
Accela CRM - Interface - ESRI/
GIS
I Year Start Date
i
I Year 1 11/10/2022
I Year 1 11/10/2022
I Year 1 11/10/2022
' I Year 1 11/10/2022
Pricing Summary
Period
Year1
Total
Ship To:
City of Santa Clara
1500 Warburton Ave.
Santa Clara, California 95050
United States
End Date Term
(Months)
11/9/2023 12
111912023 I 12
111912023 I 12
11/9/20231 12
Price
$24,373.36
$3,271.59
$817.90
$4,286.31
Net Total
$32,749.16
$ 32,749.16
Qty
I
I
TOTAL: I
Net Total
$24,373.36
$3,271.59
$817.90
$4,286.31
$32,749.16
Renewal Terms/Information:
General Information
Governing
Agreernent(s) This Order Forrn will be governed by the Accela Master Software as a Service Agreement fully executed on 9/23/2019. In the event of any inconsistency between this Order Form and the Terrns and Conditions of the Governing Agreement, the Terms and Conditions of the Governing Agreement shall govern and control.
Order Terms
Order Start Date • Software Licenses & Subscriptions start on the date of delivery by Accela; . Hosting and Support start on Accela's delivery of the software hosted and/or supported;.
Order Duration . Subscriptions continue frorn the Order Start Date through the number of months listed in this Order Form (or if not listed, twelve (12) months). Thereafter Subscriptions automatically renew annually as calculated from Order Start Date of Customer's first Subscription purchase.
• Any Software Licenses or Hardware are one-time, non-refundable purchases . • Hosting and Support continue from the Order Start Date through the number of months listed in this Order Form (or if not listed, twelve (12) months). • Professional Services continue for the duration as outlined in the applicable Statement of Work, Exhibit or the Governing Agreement, as applicable.
Special Order Terms This Order Form replaces all previous order forms for the terms listed above and will govern the Software, Maintenance, and/or Services iterns listed on this Order Form. . For Software Licenses, Accela rnay terminate this Order Form in the event the Software is phased out across Accela's customer base. In such event, Accela will provide Customer sufficient advance notice and the parties will mutually agree to a migration plan for converting Customer to another Accela generally-available offering with comparable functionality.
Payment Terms
Currency USO
Invoice Dale Unless otherwise stated in the Special Payment Terms, Invoice for the Grand Total above will be issued on the Order Start Date.
Payment Due Date Unless otherwise stated in the Special Payment Terms or the Governing Agreement(s), all payments are due on the Invoice Date and payable net 30 days.
Special None unless otherwise specified in this location.
Payment
Terms
Purchase Order If Customer requires PO number on invoices, it must be provided below and Customer must provide a copy of the PO prior to invoice issuance. If no PO number provided prior to invoice issuance date, invoices issued on this Order Form will be valid without a PO reference.
PO#
12/1/2022
Aaron Haggarty
Chief Legal Officer
Signatures
Accela, Inc,
Signature:
In DocuSigned by:
L:~:9!~
Print Name:
Title:
Date:
Customer
Title:
iCity Manager
Date:
APPROVED AS TO FORM:
SAN CLARA CITY ATTOnr\!'SY'S 0?7"'":"3
ACCELA MASTER SOFTWARE AS A SERVICE (Saas) AGREEMENT
This Accela Master Services Agreement {this "Agreement") is entered into as of the date of last signature (the "Effective Date") by and between Accela, Inc. and Customer identified on the Order ("Customer"), together referred to as the "Parties" and each individually as a "Party." Specific services terms, product details, and any applicable license and/or subscription terms Will be set forth in applicable Order Form(s) and Statements of Works ("SOW"), which shall become binding on the Parties and subject to this Agreement.
Purchase or use of the Subscription Service ( defined below) is subject to this Agreement. If Customer is entering into this Agreement on behalf of a company, organization or another legal entity (an "Entity"), Customer is agreeing to this Agreement for that Entity and representing to Accela that it has the authority to bind such Entity to this Agreement.
1. DEFINITIONS
1.1 "Account" means a unique account established by Customer to enable its Authorized Users to access and use the Subscription Services.
1.2 "Authorized User" means one individual natural person, authorized by Customer to use the Subscription Service and for whom Customer has purchased a subscription to the Subscription Service. Authorized Users may include but are not limited to Customer's employees, contractors and agents. Each Authorized User will be associated with a single, unique email address for purposes of accessing (and being identified within) the Subscription Service.
1.3 "Customer Data" means any and all content, eDocuments, materials, data and information that Customer, its Authorized Users, or other end users enter into the Subscription Services including but not limited to, personal information, information exchanged between Customer and Authorized User or Authorized User and a third party using the Subscription Services, information used to identify account names or numbers, routing information, usernames, passwords, access codes and prompts. Customer Data does not include any component of the Subscription Services or material provided by or on behalf of Accela.
1.4 "Customer" means the entity that purchases a subscription to the Subscription Service, directly from Accela or through an authorized reseller, distributor, or other channel partner of Accela.
1.5 "Intellectual Property Rights" means patent rights (including, without limitation, patent applications and disclosures), copyrights, trade secrets, know-how, and any other intellectual property rights recognized in any country or jurisdiction in the world.
1.6 "Optional Subscription Services" mean the optional add-ons to the Subscription Service that may be available for purchase either directly from Acce!a or through an authorized reseller or partner of Accela, as more particularly described or identified in the applicable Order Form.
1. 7 "Order Form" means written orders provided by Accela that sets forth the pricing and options of the Subscription Services (or, where applicable, to purchase Optional Subscription Services).
1.8 "Subscription Service(s) or Service" means the cloud-based network security service(s) for which Customer has obtained a subscription either directly from Accela or through an authorized reseller or other partner of Accela, as more particularly described in the applicable agreement or order under which such subscription was obtained. Unless otherwise specified herein or other applicable contractual terms, all references to "Subscription Service(s)" will be deemed to include any and all Optional Subscription Services.
Form Approved by legal (v01302019)
2.2.5. access or use the Subscription Services for the purpose of developing or operating products or services intended to be offered to third parties in competition with the Subscription Services or allow access by a direct competitor of Subscription Services;
2.2.6. obtain intellectual property rights to the use of any component of the Subscription Services (inclusive of APis);
2.2.7. Create derivative works based on the Subscription Service;
2.2.8. reverse engineer, decompile, disassemble, copy, or otherwise attempt to derive source code or other trade secrets from or about any of the Subscription Services or technologies, other than copying or framing on Customer's own intranets or otherwise for Customer's internal business purposes in accordance with Accela's applicable documentation;
2.2.9. interfere with or disrupt the integrity, operation, or performance of the Subscription Services or interfere with the use or enjoyment of it by others by, among other things, using it to create, use, send, store, or run viruses or other harmful computer code, files, scripts, agents, or other programs or circumvent or disclose the user authentication or security of the Subscription Services or any host, network, or account related thereto or use any aspect of the Subscription Service components other than those specifically identified in an Order Form, even if technically possible. Accela assumes no responsibility for any fraudulent or unauthorized use of the Software or any portion of the Subscription Services.
2. 2.10. Use or allow the use of, the Subscription Services by anyone located in, under the control of, or that is a national or resident of a U.S. embargoed country or territory or by a prohibited end user under Export Control Laws (as defined in Section 12.3)
2.3 Data Usage and Storage. The Subscription Service is provided wlth a limit of two point five tera bites (2.5TB) of data storage for all cloud environments. Additional storage can be purchased from Accela by Customer in blocks of five hundred gigabytes (500GB), with a price of one thousand dollars ($1,000) per year. If the Subscription Service is nearing its expiration date or is otherwise terminated, Accela will initiate its data retention processes, including the deletion of Customer Data from systems directly controlled by Accela. Accela's Data Storage Policy can be accessed https:l/accela.box.com/v/DataStoragePolicy (which URL location and content may be updated from time to time by Accela).
2.4 Accela's Responsibilities. Accela will: (l} make the Subscription Services available to Customer pursuant to this Agreement and any applicable Order Forms; (ii) provide to Customer support related to the Subscription Service in accordance with the Accela Support Terms accessible at https://accela.box.com/SaaSSupportPolicy (which URL location and content may be updated from time to time by Accela); and (iii) provide the Subscription Service only in accordance with applicable laws and government regulations.
2.5 Customer's Responsibilities. Customer will (i) be responsible for meeting Accela's applicable minimum system requirements for use of the Subscription Service; (ii) be responsible for Authorized Users' compllance with this Agreement and for any other activity (whether or not authorized by Customer) occurring under Customer's account, (iii) be solely responsible for the accuracy, quality, integrity and legality of Customer Data, (iv) use ,commercially reasonable efforts to prevent unauthorized access to or use of the Subscription Service under its account, and notify Accela promptly of any such unauthorized access or use, and (v) use the Subscription Service only in accordance with the applicable documentation, laws and government regulations, and any written instructions provided by Accela to Customer.
3. PAYMENT TERMS.
3.1. Invoicing and Payment. Accela will invoice Customer in advance for the Subscription Service. Subscription Service fees are due upon invoice and payable within thirty (30) days of the invoice date. Subscription Service fees will be due no later than the first day of each Subscription Period to which the payment relates. If Customer orders additional Authorized User quantities part-way through an existing Subscription Period, and 3 Form Approved by Legal (vo1302019}
obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.
4.2. Protection. Except as otherwise permitted in writing by the Disclosing Party and subject to the other terms of this Agreement (including Accela's Privacy Policy, accessible at https:1/accela.box.com/v/PrivacyPolicyvl, which URL and its content may be updated from time to time by Accela), (i) the Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) not to disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and (ii) the Receiving Party will limit access to Confidential Information of the Disclosing Party to those of its employees, contractors and agents who need such access for purposes consistent with this Agreement and who are legally bound to protect such Confidential Information consistent with this Agreement.
4.3. Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest, limit, or protect the dlsclosure.
5. OWNERSHIP
5.1. Subscription Services. Subject to the limited rights expressly granted hereunder, Accela reserves all rights, title and interest in and to the Subscription Service, derivative works thereof, and any associated Software and documentation, including all related Intellectual Property Rights.
5.2. Customer Data. Customer reserves all its rights, title and interest in and to the Customer Data. No rights are granted to Accela hereunder with respect to the Customer Data, except that Accela may (i) store, copy, process, and transmit such Customer Data for purposes of providing the Subscription Service to Customer and (ii) otherwise utilize Customer Data if and as permitted by the Accela Privacy Policy.
5.3. Feedback. Customer grants Accela a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use or incorporate into the Subscription Service (or Accela's other software or services) any suggestions, enhancement requests, recommendations, or other feedback provided by Customer or Authorized Users relating to the operation or features of the Subscription Service.
6. WARRANTIES AND DISCLAIMERS
6.1. Specifications. Subject to the limitations set forth below, Accela warrants that, during the Subscription Period, the Subscription Service will operate in all material respects in accordance with the Specifications. As Customer's sole and exclusive remedy and Accela's entire liability for any breach of the foregoing warranty, Accela will use commercially reasonable efforts to modify the Subscription Service so that it conforms to foregoing warranty.
6.2. Subscription Service Level Commitment. During the Subscription Period, Accela further warrants that the Subscription Service will meet the performance level specified in Exhibit A below. The Subscription Service Level Commitment sets forth Customer's sole and exclusive remedy for Accela's failure to achieve the stated Subscription Service performance level.
6.3. Mutual Warranties. Each party represents and warrants that: (a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against it in accordance with the Form Approved by Legal (V01302019)
THE ENTIRE OBLIGATION OF ACCELA AND rrs LI CENSORS W11H RESPECT TO ANY AILEGED OR ACIUAL INFRINGEMt"'NTOR MISAPPROPRIATION OF INIELLECTUAL PROPERTY RIGHfS BY THE SERVICE.
7.3. Indemnification Requirements. In connection with any claim for indemnification under this Section &, the indemnified party must: (a) provide the indemnifying party prompt written notice of such claim; (b) reasonably cooperate with the indemnifying party, at indemnified party's expense, in defense and settlement of such claim; and (c) give sole authority to the indemnifying party to defend or settle such claim.
7.4. Mitigation Measures. In the event that (i) any claim or potential claim covered by Section &.2 arises or (ii) Accela's right to provide the Subscription Service is enjoined or in Accela's reasonable opinion is likely to be enjoined, Accela may, in its discretion, seek to mitigate the impact of such claim or injunction by obtaining the right to continue providing the Subscription Service, by replacing or modifying the Subscription Service to make it non-infringing, and/or by suspending or tenninating Customer's use of the Subscription Service with reasonable notice to Customer. In the case of a suspension or termination pursuant to this Section &.4, Accela will refund to Customer a portion of fees prepaid by Customer for the then-current Subscription period, prorated to the portion .of that Subscription period that is affected by the suspension or termination).
8. LIMITATIONS OF LIABILITY. EXCEPT FOR LIABILI1Y ARISING OUT OF 0) CUSTOMER'S BREACH OF SECTION 2.2 (RESTRICTIONS) OR (ii) EITIIBR PARTY'S BREACH OF rrs INDEMNIFICATION OBLIGATIONS UNDER SECTION&, NEITHER PARTY'S AGGREGATE LIABILITY FOR DAMAGES ARISING Olfl' OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM 'IHE USE OF OR INABILI1Y TO USE HIE SERVICE, WHE1HER IN CONTRACT, 10RT OR UNDER ANY OTI·IER 1HEORY OF LIABILITY, EXCEED 1HE TOTALAMOUNf PAID BY CUSlDMERHEREUNDER IN TI-IE 1WELVE(12) MON1HPERIOD IMMEDIATELY PRECEDING THE INCIDENT.
Exclusion of Damages. EXCEPT FOR LIABILITY ARISING OUT OF (i) CUSlDMER'S BREACH OF SECTION 21. (RESTRICTIONS) OR (ii) EITHER PARTY'S BREACH OF ITS INDEMNIFICATION OBLIGATIONS UNDER SECTION 8, (CONFIDENTIALITY), IN NO EVENT SHALL El1HER PARTY OR ANY 01HER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR Db'U:VERING THE SERVICEBELIABLEFORANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFrrs, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUIER DAMAGE OR SYS1EM FAILURE OR THE COST OF SUBSTITU1E PRODUCTS OR SERVICES, ARISING OUT OF ORIN CONNECTION WITH 1HIS AGREEMENT OR FROM THE USEOFORINABILITYlD USE THE SUBSCRIP110N SERVICE, WHETHER BASED ON WARRANTY, CON1RACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL 1HEORY. 11-IB FOREGOING EXCLUSIONS APPLY WHETHER OR NOT A PAR1Y HAS BEEN INFORMED OF 1HE POSSIBILITY OF surn DAMAGE, AND EVEN IF A LIMITED REMEDY SEfFORTH HEREIN IS FOUNDlD HA VE FAILED OF ITS ESSENTIAL PURPOSE N01HING IN1HIS AGREEMENT EXCLUDES OR RESTRICTS 11.ffi LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE.
8.1. Security and Other Risks. Customer acknowledges that, notwithstanding security features of the Subscription Service, no product, hardware, software or service can provide a completely secure mechanism of electronic transmission or communication and that there are persons and entities, including enterprises, governments and quasi-govemmental actors, as well as technologies, that may attempt to breach any elech·onic security measure.
Subject only to its limited warranty obligations set forth in Section 7, Accela will have no liability for any security breach caused by any such persons, entities, or technologies. Customer further acknowledges that the Subscription Service is not guaranteed to operate without interruptions, failures, or errors. If Customer or Authorized Users use the Subscription Service in any application or environment where failure could cause personal injury, loss of life, or other substantial harm, Customer assumes any associated risks and will indemnify Accela and hold it harmless against those risks.
Form Approved by Legal (voi3o2o19)
subject to annual pricing increase as designated by Accela and notified to Customer. Pricing increases will be effective upon renewal of the Subscription Period and annually thereafter, unless otherwise agreed to by the parties. If either party provides notice of non-renewal as set forth above, Customer's right to use the Subscription Service wlll terminate at the end of the relevant Subscription Period.
11.2. Termination or Suspension for Cause. A party may terminate any Subscription Service for cause upon thirty (30) days' written notice to the other party of a material breach if such breach remains uncured at the expiration of such thirty (30) day period. In addition, Accela may, at is sole option, suspend or terminate Customer's or any Authorized User's access to the Subscription Service, or any portion thereof, immediately if Accela, in its sole discretion: (i) if suspects that any person other than Customer or an Authorized User is using or attempting to use Customer Data (ii) suspects that Customer or an Authorized User is using the Subscription Service in a way that violates this Agreement and could expose Accela or any other entity to harm or legal liability, or (iii) is or reasonably belleves it is required to do so by law or court order.
11.3. Effect of Termination. If this Agreement expires or is terminated for any reason: (i) Wlthin thirty (30) calendar days following the end of Customer's final Subscription Period, Customer may request in writing Accela to provide a copy of Customer's data and associated documents in a database dump file format. Accela will comply in a timely manner with such request; provided that, Customer (a) pays all costs of and associated with such copying, as calculated at Accela's then-current time-and-materials rates; (b) pays any and all unpaid amounts due to Accela; (Ii) licenses and use rights granted to Customer with respect to Subscription Services and intellectual property will immediately terminate; and (iii) Accela's obligation to provide any further services to Customer under this Agreement will immediately terminate, except any such services that are expressly to be provided following the expiration or termination of this Agreement; and the sections set forth in Section
11.4 of this Agreement.
11.4. Survival. Sections s (Confidentiality), 6 (Ownership and Proprietary Rights), 7.4 (Disclaimer), 8 (Mutual Indemnification), 9 (Limitation of liability), 11.3 (Effect of Termination), 11.4 (Surviving Provisions), and 12 (General Provisions) will survive any termination or expiration of this Agreement.
12.GENERAL
12.1. Notice. Except as otherwise specified in this Agreement, all notices, permissions and approvals hereunder will be in writing and will be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, or (iii) sending by confirmed email if sent during the recipient's normal business hours (or, if not, then on the next business day). Notices will be sent to the address specified by the recipient in writing when entering into this Agreement or establishing Customer's account for the Subscription Service (or such other address as the recipient may thereafter specify by notice given in accordance with this Section 12.1).
12.2. Governing Law and Jurisdiction. This Agreement and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action related to the Subscription Service or this Agreement will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
12.3. Compliance with Laws. Each party will comply with all applicable laws and regulations with respect to its activities under this Agreement including, but not limited to, export laws and regulations of the United States and other applicable jurisdictions. Without limiting the foregoing, Customer will not permit Authorized Users to access or use the Subscription Service in violation of any U.S. export embargo, prohibition or restriction. Further, in connections with the services performed under this Agreement and Customer's use of the Form Approved by Legal (v01302019)
II 1 Form Approved by Legal (v01302019)
h. Customer's or any third party's use of the Subscription Services in an unauthorized or unlawful manner.
Remedies for Excessive Downtime:
In the event the Availability of the Subscription Services falls below the Availability SLA in a given calendar month, Accela will pay Customer a service credit ("Service Credit") equal to the percentage of the fees set forth in the table below corresponding to the actual Availability of the Subscription Services during the applicable calendar month. Such Service Credit will be issued as a credit against any fees owed by Customer for the next calendar month of the Subscription Period or, if Customer does not owe any additional fees, then Accela will pay Customer the amount of the applicable Service Credit within thirty (30) days after the end of the calendar month in which such credit accrued. Such Service Credit will be in addition to any other remedies available to Customer at law, in equity or under this Agreement.
System availability is measured by the following formula: x = (n - y) *100 / n Notes:
(1) "x" is the uptime percentage; "n" is the total number of hours in the given calendar month minus scheduled downtime; and "y" is the total number of downtime hours in the given calendar month. (2) Specifically excluded from "n and "y" in this calculation are the exception times on scheduled upgrade and maintenance windows.
Service Availability Percentage of Monthly Service Fees Credited >99.5% 0%
95.0% -< 99.5% 5% (max of $280)
90.0% -< 95.0% 10% (max of $560)
80.0% -< 90.0% 20% (max $840)
70.0% -< 80.0% 30% (max of $1,120)
60.0% -< 70.0% 40% (max of $1,400)
< 50% 50% (max of $2,800)
Customer Account Login:
For Accela user interface access, Accela uses TLS 1.2 with AES 256 bit or similar encryption for protection of data in transit, which is supported by most modern browsers. Accela will also restrict applicable administrative user interface access to Customer corporate networks for additional security on written request by Customer.
Hosting:
Accela's Saas platform (servers, infrastructure and storage) for the Subscription Services is and will remain hosted in one of the largest Tier III data centers in North America, specifically designed and constructed to delfver world-class physical security, power availability, infrastructure flexibility and growth capacity. Accela's data center provider is and will remain SSAE 16/ 18 SOC2 compliant, meaning it has been fully independently audited to verify the validity and functionality of its control activities and processes. Every Server for the Services is and will remain operated in a fully redundant fail-over pair to ensure high availability. Data is and will remain backed up nightly, stored redundantly and will be restored rapidly in case of failure. Accela also provides an off-site backup service, which is available at an additional cost. Security Patching and updates are actively evaluated by engineers and will be deployed based upon the security risks 13 Form Approved by Legal (v01302019)
15 EXHIBIT B
Order Form
Software and Services
Grand Total:
Form Approved by Legal (v01302019)
~Accela
2633 Camino Ramon, Suite 500
San Ramon, CA 94583
RENEWAL ORDER FORM
Address Information
Bill To:
City of Santa Clara
1500 Warburton Ave.
Santa Clara, California, 95050
United States
Billing Contact: Vanna Gissler
Billing Phone: (408) 615-5537
Billing Email Address: [email protected]
Services
Services Start Date
PublicStuff Pro 11/10/2019
Lucity Integration 11/10/2019
Active Directory Integration 11/10/2019
Acce!a CRM - Interface - ESRI/GIS 11/10/2019
Terms/ Information
General Information
Proposed by: Becky O'Brien
Contact Phone: (925) 359-3334
Contact Email: [email protected]
Quote ID: Q-14647
Valid Through: 09/19/2019
Currency: USD
Ship To:
City of Santa Clara
1500 Warburton Ave.
Santa Clara, California, 95050
United States
End Date Term Unit Price Quantity
(Mths)
11/09/2020 12 $19,530.86 1.00
11/09/2020 12 $2,621.59 1.00
11/09/2020 12 $655.40 1.00
11/09/2020 12 $3,434.70 1.00
Total
Total Price
$19,530.86
$2,621.59
$655.40
$3,434.70
$26,242.55
Governing Agreement(s) This Order Form is governed by the applicable terms found at: httes:LLaccela.box.comivLAccelaTerms.
Order Form opid:
Order Terms
Order Start Date Unless otherwise specified in the Speclal Order Terms:
• Software Licenses & Subscriptions start on the date of delivery by Accela; • Hosting and Support start on Accela's delivery of the software hosted and/or supported; .
Order Duration Unless otherwise speclfied in the Speclal Order Terms:
• Subscriptions continue from the Order Start Date through the number of months listed in this Order Form {or if not listed, twelve {12) months). Thereafter Subscriptions automatically renew annually as calculated from Order Start Date of Customer's first Subscription purchase. • Any Software Licenses or Hardware are one-time, non-refundable purchases . • Hosting and Support continue from the Order Start Date through the number of months listed in this Order Form (or if not listed, twelve (12) months).
• Professional Services continue for the duration as outlined in the applicable Statement of Work, Exhibit or the Governing Agreement, as applicable.
Special Order Terms This Order Form replaces all previous order forms for the terms listed above and will govern the Software, Maintenance, and/or Services items listed on Page 2 of this Order Form. • In the event of an inconsistency between this Order Form, any governing agreement, purchase order, or invoice, the Order Form shall govern as it pertains to this transaction. • For Software Licenses, Accela may terminate this Order Form in the event the Software is phased out across Accela's customer base. In such event, Accela will provide Customer sufficient advance notice and the parties will mutually agree to a migration plan for converting Customer to another Accela generally-available offering with comparable functionality.
Payment Terms
Currency USD
Invoice Date Unless otherwise stated in the Special Payment Terms, Invoice for the Grand Total $ above will be issued on the Order Start Date.
Payment Due Date Unless otherwise stated in the Special Payment Terms or the Governing Agreement(s), all payments are due on the Invoice Date and payable net 30 days.
Special Payment Terms None unless otherwise specified in this section.
Purchase Order If Customer requires PO number on invoices, it must be provided to the right and Customer POii must provide a copy of the PO prior to invoice issuance. If no PO number provided prior to invoice issuance date, invoices issued on this Order Form will be valid without a PO reference. - 2 -
Order form opld:
Accela
~ ...........
By: M.trOJ.. :£_
{Signature) Esooeec--...
Mltch Knight
(Print Name)
Its: VP of sales
(Title)
Dated: 9/23/2019
(Month, Day, Year)
Order Form
Customer
~·~ (Slgnatu TL
Deanna J. Santana
(Print Name)
Its: City Manager
{Title)
City of Santa Clara, CA
Dated: 9'-11- l'l
(Month, Day, Year)
APPROVED AS TO FORM:
~ A'ITOIINl!"i''S OA'ICI!
opld:
CONSENT TO ASSIGNMENT AGREEMENT
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
ACCELA, INC.
(Formerly known as PublicStuff, Inc.)
PREAMBLE
This consent to assignment agreement ("Consent Agreement") is by and between the City of Santa Clara, California, a chattered California municipal corporation, with its principal place of business located at 1500 Warburton A venue, Santa Clara, California 95050 ("City") , Public Stuff, Inc., a Delaware Corporation, with its principal place of business located at 214 West 29th Street, Suite 205, New York, NY 10001 ("Public Stuff' or "Assignor") and Accela, Inc., a California Corporation, with its principal place ofbusiness located at 2633 Camino Ramon, Suite 500, San Ramon, CA 94583 ("Accela" or "Assignee"), the intended successor in interest to Agreement for Professional Services By and Between the City of Santa Clara, California and PublicStuff, Inc. City, Public Stuff and Accela may be individually refeITed to in this Consent Agreement as a "Party" or collectively as the "Parties" or the "Patties to this Consent Agreement."
RECITALS
A. City and Public Stuff entered into an agreement entitled, "Agreement by and Between the City of Santa Clara, California and Public Stuff,", dated December 12, 2014 (the "Original Agreement") in which Public Stuff agreed to the implementation and maintenance of a mobile application for citizen engagement to/with the City;
B. Section 10. 7 of the Original Agreement entitled Assignment provides as follows:
"These Tenns and Conditions and the rights and obligations hereunder may not be assigned, in whole or in part, by either party without the other patty's written consent , not to be unreasonably withheld, conditioned or delayed. However , without consent, either party may assign their rights and obligations hereunder to any successor to all or substantially all of its business (whether by sale of assets or equity, merger, consolidation or otherwise). These Terms and Conditions shall be binding upon, and inure to the benefit of, the successors, representatives and pennitted assigns of the parties hereto." C. The City has been informed that due to the acquisition of Public Stuff by Accela, that Accela is the surviving entity and as such will continue to provide the services to the City under the Original Agreement. Public Stuff desires to have the City consent to the assignment of all rights, obligations and interest in the Original Agreement from Public Stuff to Accela.
D. Based on the final approval of the merger/acquisition, it is the desire of City to formally consent to the assignment by Public Stuff of all its rights, obligations and interest in the Original Agreement to Accela.
Consent to Assignment Agreement/Accela, Inc.
Rev. 02/01/15 ; Typed 8/20/15
Page I of3
In consideration of the above referenced recitals and the following mutual covenants, commitments and obligations, the Parties agree, as follows:
CONSENT AGREEMENT PROVISIONS
1. Based on a written request received by the City from Accela, ( and contingent upon the finalization of the merger) City hereby consents to the assignment of the Original Agreement and all of the rights, duties, obligations and interest set forth therein from Public Stuff to Accela. This consent is based on representations made by Accela and Public Stuff and all the duties and obligations of Public Stuff to perform specified services included in the Original Agreements shall be perfotmed by Accela after the merger is complete. This Consent is effective as of the completion of the merger. If, for any reason, the pending merger is not completed, this Consent Agreement shall be deemed void and Public Stuff shall continue to be bound to perform the obligations set forth in the Original Agreements.
2. City acknowledges and relies on this acceptance by Accela of all of the rights, obligations an interest in the Original Agreement and the relinquishment of all such the rights, obligations and interest in the Original Agreement by Public Stuff. Accela agrees to undertake any and all action(s) necessary to meet the terms and conditions of the Original Agreement referred to in this Consent Agreement.
3. Upon execution of this Consent Agreement (and the completion of the pending merger) any pending debts or obligations due to City and those which subsequently arise or accrue from the te1ms and conditions of the Original Agreement shall become payable by Accela to the City or its agents, or assigns.
4. This Consent Agreement embodies the entire agreement between City, Accela and Public Stuff and all of its terms and conditions. No verbal agreements or conversation with any officer, agent or employee of City prior to execution of this Consent Agreement shall affect or modify any of the terms or obligations contained in this Consent Agreement. Any such verbal agreement shall be considered as unofficial information and in no way binding upon City.
5. As a condition of the terms of this Consent Agreement, Accela shall provide the City with the following:
a. Revised Certificate oflnsurance, as well as all policy endorsements to indicate that Accela has purchased, and is maintaining, all of the required insurance policies and has provided the required endorsements which were included in the terms and conditions of the Original Agreement.
b. Prior to the effectiveness of any assignment or transfer under this Consent Agreement, Accela shall execute and deliver a fully executed and notarized Affidavit of Compliance with Ethical Standards, attached here as Exhibit A and B.
6. 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; and, the Parties agree that signatures on this Agreement, including those transmitted by facsimile, shall be sufficient to bind the Parties.
Consent to Assignment Agreement/ Accela, Inc.
Rev. 02/01/15; Typed 8/20/15
The Parties to this Consent Agreement hereby acknowledge and accept the terms and conditions stated herein by the following signatures of their duly authorized representatives. The signature of the duly authorized representative of Accela confirms its acceptance of the terms and conditions of the Original Agreement and the assignment of the Original Agreement from Public Stuff. The Effective Date is the date that the final signatory executes the Agreement. It is the intent of the Parties that this Agreement shall become operative on the Effective Date.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
APPROVED AS TO FORM:
~ ~~Ill.
City Attorney
ATTES~
ROD DIRID0,JR
City Clerk
Public Stuff, Inc.,
a Delaware Corporation
I
Dated: M~~ ~
By: ~ I_\ -- \. __, -==-
Title: Secretary
Address: 214 West 29th Street, Suite 205
New York, NY 10001
Telephone: 925-659-3200
Facsimile: 925-659-3201
Email Address: [email protected]
"Assignor"
Consent to Assignment Agreement/ Acee la, Inc .
Rev . 02/01/15; Typed 8/20/ 15
Dated: / ;t. - / !> - ;to I':[ -----------
fuuo J. FUENTES
City Manager
1500 Warburton A venue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
"CITY"
Accela, Inc.
a California Corporation
By: lJJi, ~
Title: Assistant Corporate Secretary
Address: 2633 Camino Ramon, Suite 500
San Ramon, CA 94583
Telephone: 925-659-3200
Facsimile: 925-659-3201
Email Address: [email protected]
"Assignee"
AGREEMENT FOR THE PERFORMANCE OF SERVICES
BY AND BETWEEN THE
CITY OF SANT A CLARA, CALIFORNIA
AND
ACCELA, INC.
EXHIBIT A
ETHICAL STANDARDS FOR CONTRACTORS SEEKING TO ENTER INTO
AN AGREEMENT WITH THE CITY OF SANTA CLARA, CALIFORNIA
Termination of Agreement for Certain Acts.
A. The City may, at its sole discretion, terminate this Agreement in the event any one or more of the following occurs:
1. If a Contractor 1 does any of the following:
a. Is convicted2 of operating a business in violation of any Federal, State or local law or regulation;
b. Is convicted of a crime punishable as a felony involving dishonesty3; c. Is convicted of an offense involving dishonesty or is convicted of fraud or a ctiminal offense in connection with: (1) obtaining; (2) attempting to obtain; or, (3) perfo1ming a public contract or subcontract; d. Is convicted of any offense which indicates a lack of business integtity or business honesty which setiously and directly affects the present responsibility of a City contractor or subcontractor; and/or, e. Made (or makes) any false statement(s) or representation(s) with respect to this Agreement.
For purposes of this Agreement, the word "Consultant" (whether a person or a legal entity) also refers to "Contractor" and means any of the following: an owner or co-owner of a sole proprietorship ; a person who controls or who has the power to control a business entity; a general partner of a partnership; a principal in a joint venture ; or a primary corporate stockholder [i.e., a person who owns more than ten percent (10%) of the outstanding stock of a corporation] and who is active in the day to day operations of that corporation. 2 For purposes of this Agreement, the words "convicted" or "conviction" mean a judgment or conviction ofa criminal offense by any court of competent jurisdiction , whether entered upon a verdict or a plea, and includes a conviction entered upon a plea ofnolo contendere within the past five (5) years. 3 As used herein, "dishonesty" includes, but is not limited to, embezzlement, theft, forgery, bribery, falsification or destrnction of records, making false statements, failure to pay tax obligations, receiving stolen property, collusion or conspiracy .
Ethical Standards for Contractors/Exhibit A/ Accela, Inc.
Rev. 05/17/12; Typed 08/20/15
Page I of2
2. If fraudulent, criminal or other seriously improper conduct of any officer, director, shareholder, partner, employee or other individual associated with the Contractor can be imputed to the Contractor when the conduct occurred in connection with the individual's performance of duties for or on behalf of the Contractor, with the Contractor's knowledge, approval or acquiescence, the Contractor's acceptance of the benefits derived from the conduct shall be evidence of such knowledge, approval or acquiescence.
B. The City may also terminate this Agreement in the event any one or more of the following occurs:
1. The City dete1mines that Contractor no longer has the financial capability 4 or business experience 5 to perform the terms of, or operate under, this Agreement; or,
2. If City determines that the Contractor fails to submit information, or submits false information, which is required to perform or be awarded a contract with City, including , but not limited to, Contractor's failure to maintain a required State issued license, failure to obtain a City business license (if applicable) or failure to provide and maintain bonds and/or insurance policies required under this Agreement.
C. In the event a prospective Contractor (or bidder) is ruled ineligible (debarred) to participate in a contract award process or a contract is terminated pursuant to these provisions, Contractor may appeal the City's action to the City Council by filing a written request with the City Clerk within ten (10) days of the notice given by City to have the matter heard. The matter will be heard within thirty (30) days of the filing of the appeal request with the City Clerk. The Contractor will have the burden of proof on the appeal.
The Contractor shall have the opp01tunity to present evidence, both oral and documentary, and argument.
4 Contractor becomes insolvent , transfers assets in fraud of creditors , makes an assignment for the benefit of creditors , files a petition under any section or chapter of the federal Bankruptcy Code (11 U.S.C.) , as amended, or under any similar law or statute of the United States or any state thereof, is adjudged bankrupt or insolvent in proceedings under such laws, or a receiver or trustee is appointed for all or substantially all of the assets of Contractor.
5 Loss of personnel deemed essential by the City for the successful performance of the obligations of the Contractor to the City.
Ethical Standards for Contractors /Exhibit A/Accela , Inc.
Rev. 05/17/12; Typed 08/20/15
AGREEMENT FOR THE PERFORMANCE OF SERVICES
BY AND BETWEEN THE
CITY OF SANT A CLARA, CALIFORNIA
AND
ACCELA, INC.
EXHIBITB
AFFIDAVIT OF COMPLIANCE WITH ETHICAL STANDARDS
I hereby state that I have read and understand the language, entitled "Ethical Standards" set fmih in Exhibit D. I have the authority to make these representations on my own behalf or on behalf of the legal entity identified herein. I have examined appropriate business records, and I have made appropriate inquiry of those individuals potentially included within the definition of "Contractor" contained in Ethical Standards at footnote 1.
Based on my review of the appropriate documents and my good-faith review of the necessary inquiry responses, I hereby state that neither the business entity nor any individual(s) belonging to said "Contractor" category [i.e., owner or co-owner of a sole proprietorship , general paiiner, person who controls or has power to control a business entity, etc.] has been convicted of any one or more of the crimes identified in the Ethical Standards within the past five (5) years.
The above assertions are true and correct and are made under penalty of perjury under the laws of the State of California.
ACCELA, INC.
~ 1cal:fo~ ia,.Co oratio' n----
By: ~ ,
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Ctfflmltlklft • 2071 ◄ 50
Natarr PuM!c - Clltfornla I
COntta Costa County ..
Comm. lr11 Jun 14 2018
-------- - ---------- --Signature of Authorized Person or Representative Name: Colin Samuels
Title: Assistant Corporate Secretary
NOTARY'S ACKNOWLEDGMENT TO BE ATTACHED
Please execute the affidavit and attach a notary public's acknowledgment of execution of the affidavit by the signatory. If the affidavit is on behalf of a corporation , partnership , or other legal entity, the entity's complete legal name and the title of the person signing on behalf of the legal entity shall appear above. Written evidence of the authority of the person executing this affidavit on behalf of a corporation , partnership, joint venture, or any other legal entity, other than a sole proprietor ship, shall be attached.
Compliance with Ethical Standards for Contractors/Exhibit B/Accela, Inc.
Rev. 05/17/12; Typed 08/20/15
Pagel of2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of [,,vrft- {1 ~f--
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)
On 2, Av~vrt- ?-o,<r before me, ___;{.=--,.,_/._'d_-=---~- VT_o.-, _____________ _ Date Here Insert Name and Title of the Officer
personally appeared __ {=--(J/_.1.-\. ___ s_~_v_d_:, __________________ _ Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. t es co nr:& JUI w-.&,• 1
•
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COntfl Costa COUIIIY ..
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Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ~
gnatureofNotary Public
--------------- oPTIONAL---------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document 11 ~~:'i>
Title or Type of Document: /4>ASfw/-: lo l'tlS~Jt.\"1{,tf .. . s;-J Document Date: J, kv)v?-r >o-e;- Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed b,v Signer(s)
Signer's Name: (./,v.. >-.,;L~ Signer's Name: ___________ _ ~ Corporate Officer - Title(s): _______ D Corporate Officer - Title(s): ______ _ □ Partner - D Limited D General D Partner - D Limited D General □ Individual □ Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: ------~~---- --- D Other: ___________ __ _
Signer Is Representing: A{(J-.., ToA. c , Signer Is Representing: ________ _ •
©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1 -800-876-6827) Item #5907
AGREEMENT FOR PROFESSIONAL SERVICES
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA
AND
PUBLICSTUFF, INC
This agreement for the performance of services (" Agreement ") is made and entered into on this b.~ day of Dea~ , 2014, ("Effect ive Date") by and between PublicStuff, Inc ., a Delaware corporat ion, with its principal place of business located at 214 West 29th Street, Suite 205, New York, NY 10001 ("Contractor "), and the City of Santa Clara, California, a chartered California municipal corporation with its primary business address at 1500 Warburton Avenue , Santa Clara, California 95050 ("City"). City and Contractor may be referred to individua lly as a "Party" or collective ly as the "Part ies" or the "Part ies to this Agreement. " Terms and Conditions for Contractor Services
These terms and condit ions for services ("Agreement ") a nd one or more written orders ("Order Schedu les") govern use of our services.
Contractor provides a tool that City can use to understand issues surfaced by users of the Contractor applications in respect of City. By subscribing to the Contractor Services, Contractor allows City to interact directly with individuals in City location by providing such individua ls with tools and applications to report issues, concerns or problems to City for efficient resolution.
The Contractor Services are made available to City through a password-protected hosted interface and dashboar d provided by Contractor.
This Agreement was last updated on February 27, 2013 .
Thjs Agreement and the applica ble Order Schedules (incorporated herein by refere nce) are effective between City and Contractor as of the date that City accept these Terms and Conditions .
1. DEFINlTIONS
"Implementation Services" means services provided to City to integrate and implement the Contractor Services, as may be mutually agreed upon by the parties. "Platfor m" means all ideas, concepts , inventions, syste ms, platform s, software, dashboards , interfaces , tools, utilities, templates , forms, techniques , methods , processes, algorithms, know how, trade secrets and other technolo gies, implementations and infor mation that are used by Contractor in providing the Contractor Services.
"Contractor Data" mean s all data and information created , received , processed or provided by Contractor in performin g the Contractor Services, or that result from performance of the Contractor Services.
Agreement for Professiona l Services with PublicStuff, Inc.
Rev. 2/27 /13; Typed 10/14/15
"Contractor Services" means, collectively, the interface and dashboard hosted by Contractor and provided to City from time to time, the Contractor Data, the Platform, the Implementation Services and the documentation. The Contractor Services include any change, improvement, extension or other new version thereof that is developed or otherwise made available to City. "Third-Party Applications" means online, Web-based applications and offiine software products that are provided by third parties, interoperate with the Contractor Services, and are identified as third-party applications.
"User Guide" means the online user guide for the Services, accessible via login at accounts. publicstuff.com as updated from time to time. "Users" means individuals who are authorized by City to use the Contractor Services and who have been supplied user identifications and passwords by City (or by Contractor at City request).
Users may include but are not limited to City employees, consultants, contractors and agents. "City" means the Municipality or other legal or governmental entity accepting this Agreement. "City Data" means all electronic data or information submitted by City to the Contractor Services.
2. CONTRACTOR SERVICES
2.1 Order Schedules. These Terms and Conditions will be implemented through one or more written orders that reference this Agreement and contain such other information as City contact information, the Contractor Services to be accessed, any third-party applications to be accessed, subscription fees, implementation services, the term and agreed-upon termination provisions.
Any change to the terms of this Agreement within an Order Schedule will apply only to the Contractor Service described therein. Contractor may provide the Contractor Services directly, or indirectly using contractors or other third party vendors or service providers. Contractor agrees that it shall be fully responsible for performance of Contractor Services for City by any such third party contractors, vendors or service providers.
2.2 Contractor Services. Subject to these terms and conditions and the Order Schedules, Contractor will use commercially reasonable efforts to operate and host the Platform in connection with making the Contractor Services available to Customer in accordance with the service levels which can be accessed on our website at http://www.publicstuff.com/terms as amended, from time to time. Contractor reserves the right to modify the Contractor Services (in whole or in part) at any time, provided that Contractor will not materially reduce the functionality of the Contractor Services.
2.3 Analytics. Contractor hereby grants City all necessary rights to access and analyze Contractor Data, solely via the Contractor Services during the term defined in the applicable Order Schedule.
2.4 Third-Pa1iy Products and Services. Contractor may offer Third-Party Applications for sale under Order Schedules. Any other acquisition by City of Third-Party Applications, and any Agreement for Professional Services with PublicStuff, Inc.
Rev. 2/27/13; Typed 10/14/15
exchange of data between City and any third-party provider, is solely between City and the applicable third-party provider. Contractor does not warrant or support third-party products or services, except as specified in an Order Schedule. No purchase of third-party products or services is required to use the Contractor Services.
2.5. Third-Party Applications and Customer Content. If City installs or enable Third-Party Applications for use with the Contractor Services, City acknowledges that Contractor may allow providers of those Third-Party Applications to access City content as required for the interoperation of such Third-Party Applications with the Contractor Services. Contractor shall not be responsible for any disclosure, modification or deletion of City content resulting from any such access by Third-Party Application providers.
2.6 Availability of Third Party Applications. Contractor Service features that interoperate with Third Party Applications depend on the continuing availability of such Third Party Applications. If such Third Party Applications cease to be available on reasonable terms for inclusion in the Contractor Services, Contractor may cease providing such Third Party Applications without entitling City to any refund, credit, or other compensation.
2. 7 Support. Contractor will use commercially reasonable efforts to provide City with the necessary technical support and updates for the Contractor Services.
2.8 Limitations. Contractor will not be responsible or liable for any failure in the Contractor Services resulting from or attributable to (a) usage in excess of the usage for which City have ordered pursuant to an applicable Order Schedule, (b) failures in any telecommunications, network or other service or equipment that are not within Contractor's reasonable control, (c) City negligence, acts or omissions, (d) any force majeure or other cause beyond Contractor's reasonable control, or ( e) unauthorized access, breach of firewalls or other hacking by third parties, except to the extent such access, breach or hacking is caused by Contractor's negligence or willful misconduct.
2. 9 Privacy. Contractor shall collect, process and store personally identifiable information in accordance with Contractor's pnvacy policy located at http:/ /www.publicstuff.com/privacy.
2.10 User Subscriptions. Unless otherwise specified in the applicable Order Confirmation, (i) Services are purchased as User subscriptions and may be accessed by no more than the specified number of Users, (ii) additional User subscriptions may be added during the applicable subscription term at the same pricing as that for the pre-existing subscriptions thereunder, prorated for the remainder of the subscription term in effect at the time the additional User subscriptions are added, and (iii) the added User subscriptions shall terminate on the same date as the pre-existing subscriptions. User subscriptions are for designated Users only and cannot be shared or used by more than one User but may be reassigned to new Users replacing former Users.
3. FEES AND PAYMENTS
Agreement for Professional Services with PublicStuff, Inc.
Rev. 2/27/13; Typed 10/14/15
3.1 Fees. City agree to pay Contractor all fees and expenses in the amounts and at the times specified in the applicable Order Schedule.
3.2 Payment Terms. Unless specified otherwise or subject to a good faith dispute, all amounts due hereunder shall be paid in full (without deduction, set-off or counterclaim) within 45 days after City receipt of invoice in US dollars at Contractor's address or to an account specified by Contractor.
3 .3. Overdue Charges. If any charges are not received from City by the due date, then at Our discretion, (a) such charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid, and/or (b) We may condition future subscription renewals and Order Confirmations on payment terms shorter than those specified above.
3.4. Suspension of Service and Acceleration. If any amount owing by City under this or any other agreement for Our services is 30 or more days overdue, We may, without limiting Our other rights and remedies, accelerate City unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and suspend Our services to City until such amounts are paid in full.
4. PROPRIETARY RIGHTS
3.1 Contractor Services. Except for the limited rights and licenses expressly granted to City hereunder, no other license is granted, no other use is permitted and Contractor (and its licensors) shall retain all rights, title and interests (including all intellectual property and proprietary rights) in and to the Contractor Services.
3 .2 Customer Content. City shall own all rights in all content and data created or provided by City, subject to the rights and licenses granted herein. During the term of this Agreement, City hereby grant Contractor and its successors a worldwide royalty free, nonexclusive, sublicensable right and license to exploit and use City content in connection with the provision or exploitation of the Contractor Services.
3.3 Restrictions. Except as expressly permitted in this Agreement, City shall not directly or indirectly (a) use any of Contractor's Confidential Information (as defined herein) to create any service, software, documentation or data that is similar to any aspect of the Contractor Services, provided that the foregoing does not prohibit independent development of similar functionality by City or third parties, (b) disassemble, decompile, reverse engineer or use any other means to attempt to discover any source code of the Platform, or the underlying ideas, algorithms or trade secrets therein, ( c) encumber, sub license, transfer, rent, lease, time-share or use the Contractor Services in any service bureau arrangement or otherwise for the benefit of any third party, (d) copy, distribute, manufacture, adapt, create derivative works of, translate, localize, port or otherwise modify any aspect of the Contractor Services, (e) use or allow the transmission, transfer, export, re-export or other transfer of any product, technology or information it obtains or learns pursuant to this Agreement (or any direct product thereol) in violation of any export Agreement for Professional Setvices with PublicStuff, Inc.
Rev. 2/27/13; Typed 10/14/15
Page4 of9
control or other laws and regulations of the United States or any other relevant jurisdiction or (f) permit any third party to engage in any of the foregoing proscribed acts.
5. CONFIDENTIALITY
Each party agrees that the business, technical and financial information, that is designated in writing as confidential, or is disclosed in a manner that a reasonable person would understand the confidentiality of the information disclosed, shall be the confidential property of the disclosing party and its licensors ("Confidential Information"). Confidential Information does not include information that (a) is previously rightfully known to the receiving party without restriction on disclosure, (b) is or becomes known to the general public, through no act or omission on the part of the receiving party, (c) is disclosed to the receiving party by a third party without breach of any separate nondisclosure obligation, or (d) is independently developed by the receiving party.
Except as expressly and unambiguously allowed herein, or required by law, the receiving party will hold in confidence and not use or disclose any Confidential Information and shall similarly bind its employees, consultants, and independent contractors. Upon the expiration or termination of this Agreement, all of the Confidential Information (including any copies) will be returned to the disclosing party, and receiving party will make no further use of such materials. If required by law, the receiving party may disclose Confidential Information of the disclosing party, but will give adequate prior notice of such disclosure to the disclosing party to permit the disclosing party to intervene and to request protective orders or other confidential treatment therefor.
6. LIMITED WARRANTY AND DISCLAIMERS
6.1 General. Each party represents and warrants that: (a) it is a duly organized and validly existing under the laws of the jurisdiction in which it is organized; (b) it has full power and authority, and has obtained all approvals, permissions and consents necessary, to enter into this Agreement and to perform its obligations hereunder; ( c) this Agreement is legally binding upon it and enforceable in accordance with its terms; and ( d) the execution, delivery and performance of this Agreement does not and will not conflict with any agreement, instrument, judgment or understanding, oral or written, to which it is a party or by which it may be bound.
6.2 Contractor. Contractor warrants to Customer that (i) the Contractor Services will be provided in a professional and workmanlike manner; (ii) the Contractor Services will perform in accordance with the documentation in all material respects; (iii) the Contractor Services as delivered by Contractor do not contain any Trojan horses, worms, or undocumented disabling devices; and (iv) Contractor scans the Contractor Services and the hosted environment for known viruses using industty standard virus detection techniques.
6.3 Disclaimers. CONTRACTOR DOES NOT WARRANT THAT THE CONTRACTOR
SERVICES WILL MEET CITY REQUIREMENTS OR RESULT IN ANY OUTCOME, OR
THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE TO THE
FULLEST EXTENT PERMITTED BY LAW, CONTRACTOR HEREBY DISCLAIMS (FOR
ITSELF AND ITS SUPPLIERS) ALL OTHER WARRANTIES, WHETHER EXPRESS OR
IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE CONTRACTOR SERVICES Agreement for Professional Services with PublicStuff, Inc.
Rev. 2/27/13; Typed 10/14/15
INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF TITLE, NON
INFRINGEMENT, QUIET ENJOYMENT, INTEGRATION, MERCHANT ABILITY OR
FITNESS FOR ANY PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM
ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE
7. INDEMNIFICATION
7.1 Infringement. Except as provided below, Contractor agrees to (a) defend City against any claim by a third party that the Contractor Service infringes a valid US patent (issued as of the Effective Date), or any copyright or trade secret, of such third party and (b) indemnify City for settlement amounts or damages, liabilities, costs and expenses (including reasonable attorneys' fees) awarded and arising out of such claim. If any Contractor Service becomes or, in Contractor's opinion, is likely to become the subject of any injunction preventing its use as contemplated herein, Contractor may, at its option (i) obtain for City the right to continue using the Contractor Service or (ii) replace or modify the Contractor Service so that it becomes non infringing without substantially compromising its principal functions. If (i) and (ii) are not reasonably available to Contractor then it may (iii) terminate this Agreement upon written notice to City and refund to City any Contractor Service fees that were pre-paid for the then current term, pro-rated for the remainder thereof.
7.2 Exclusions. Contractor shall have no liability or obligation hereunder with respect to any claim based upon (a) use of any Contractor Service in an application or environment or on a platform or with devices for which it was not designed or contemplated, (b) modifications, alterations, combinations or enhancements of the Contractor Service not created by or for Contractor (c) any of City content, (d) any portion of the Contractor Service that implements City requirements, ( e) City continuing allegedly infringing activity after being notified thereof or its continuing use of any version after being provided modifications that would have avoided the alleged infringement or (f) any intellectual property right in which City or any of its affiliates has an interest.
7.3 Procedures. Any claim for indemnification hereunder requires that (a) the indemnified party provides prompt written notice of the claim and reasonable cooperation, information, and assistance in connection therewith, and (b) the indemnifying party shall have sole control and authority to defend, settle or compromise such claim. The indemnifying party shall not make any settlement that requires a materially adverse act or admission by the indemnified party without the indemnified party's written consent (such consent not to be unreasonably delayed, conditioned or withheld). The indemnifying party shall not be liable for any settlement made without its prior written consent.
7.4 Entire Liability. The foregoing states the entire liability of Contractor and City exclusive remedy, with respect to any actual or alleged violation of intellectual property rights by the Contractor Services, any part thereof or its use or operation.
8. LIMITATION OF LIABILITY
Agreement for Professional Services with PublicStuff, Inc.
Rev. 2/27/13; Typed 10/14/15
EXCEPT FOR ANY BREACH OF SECTION 5 (CONFIDENTIALITY), INDEMNIFICATION OBLIGATIONS PURSUANT TO SECTION 7 OR A PARTY'S GROSS NEGLIGENCE OR
WILFULL MISCONDUCT, IN NO EVENT SHALL EITHER PARTY BE LIABLE
CONCERNING THE SUBJECT MATTER OF THESE TERMS AND CONDTIONS OR ANY
ORDER SCHEDULE, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHEREWISE),
FOR ANY (A) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE,
OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (B) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF
BUSINESS, REVENUES, PROFITS AND GOODWILL OR (C) DAMAGES IN THE
AGGREGATE, IN EXCESS OF THE AMOUNT PAID TO IT (IN THE CASE OF
CONTRACTOR) OR PAID AND PAYABLE BY IT (IN THE CASE OF CITY) HEREUNDER DURING THE PREVIOUS 12 MONTHS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. TERM AND TERMINATION
9.1 Term. These Terms and Conditions and each applicable Order Schedule shall commence upon City acceptance of the Terms and Conditions and each Order Schedule and shall continue in effect until terminated in accordance with the Order Schedule.
9.2 Termination. This Agreement may be terminated (in whole, or in respect of any Order Schedule) by a party (a) if the other party materially breaches a provision of these Terms and Conditions or the applicable Order Schedule and fails to cure such breach within 30 days (I 0 days in the case of non-payment) after receiving written notice of such breach from the non breaching party or (b) as otherwise set forth in the Order Schedule.
9.3 Effects of Termination. Upon any expiration or termination of any Order Schedule or the termination of these Terms and Conditions, all corresponding rights, obligations and licenses of the parties shall cease, except that (a) all obligations that accrued prior to the effective date of termination (including without limitation, all payment obligations) shall survive and (b) the provisions of Sections 3 (Fees and Payments), 4 (Proprietary Rights), 5 (Confidentiality), 6 (Limited Warranty and Disclaimers), 7 (Indemnification), 8 (Limitation of Liability), 10 (General Provisions) and this Section 9.3 shall survive.
10. GENERAL PROVISIONS
JO.I Entire Agreement. These Terms and Conditions (including the Order Schedules) constitutes the entire agreement, and supersedes all prior negotiations, understandings or agreements (oral or written), between the parties regarding the subject matter of these Terms and Conditions (and all past dealing or industry custom). Any inconsistent or additional terms on any related writing or similar form, even if signed by the parties hereafter, shall have no effect under these Terms & Conditions. Contractor reserves the right to change these Terms and Conditions from time to time upon written notice to City. The failure of either party to enforce its rights under these Terms and Conditions at any time for any period will not be construed as a Agreement for Professional Services with PublicStuff, Inc.
Rev. 2/27/13; Typed 10/14/15
waiver of such rights, and the exercise of one right or remedy will not be deemed a waiver of any other right or remedy. If any provision of these Terms and Conditions is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect and enforceable. 10 .2 Prevailing Party. In any action or proceeding to enforce these Terms and Conditions, the prevailing party will be entitled to recover from the other party its costs and expenses (including reasonable attorneys' fees) incurred in connection with such action or proceeding and enforcing any judgment or order obtained.
10.3 Remedies. Except as specifically provided otherwise herein, each right and remedy in these Terms and Conditions is in addition to any other right or remedy, at law or in equity. Each party agrees that, in the event of any breach or threatened breach of Section 4 or 5, the non breaching party will suffer irreparable damage for which it will have no adequate remedy at law.
Accordingly, the non-breaching party shall be entitled to injunctive and other equitable remedies to prevent or restrain such breach or threatened breach, without the necessity of posting any bond.
10.4 Notices. All notices under these Terms and Conditions will be in writing, in English and delivered to the parties at their respective addresses stated herein or at such other address designated by written notice. Notices will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile; the day after being sent, if sent for next day delivery by recognized overnight delivery service; or upon receipt, if sent by certified or registered mail, return receipt requested.
10.5 Force Majeure In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms and Conditions and Order Schedule(s) (except payment obligations) due to any cause beyond its reasonable control, the affected party shall give written notice thereof to the other party and its performance shall be extended for the period of delay or inability to perform due to such occurrence.
10.6 Publicity. Neither party shall use the other party's trademarks, trade names or make any public statements concerning the relationship between the parties without the other party's prior written consent, which will not be unreasonably withheld, conditioned or delayed.
Notwithstanding the foregoing, City hereby grant to Contractor the right to use, reproduce and publish, City name, trademarks, service marks, brand names and brand marks in connection with advertising, marketing and sales.
10. 7 Assignment. These Terms and Conditions and the rights and obligations hereunder may not be assigned, in whole or in part, by either party without the other party's written consent, not to be unreasonably withheld, conditioned or delayed. However, without consent, either party may assign their rights and obligations hereunder to any successor to all or substantially all of its business (whether by sale of assets or equity, merger, consolidation or otherwise). These Terms and Conditions shall be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties hereto.
Agreement for Professional Services with PublicStuff, Inc.
Rev. 2/27/13; Typed 10/14/15
10.8 Independent Contractors . The parties shall be independent contractors , and nothing herein will constitute either party as the employer, employee , agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
10.9 Anti-Corruption . City have not received or been offered any illegal or improper bribe, kickback, payment , gift, or thing of value from any of Contractor employees or agents in connection with these Terms and Conditions . If City learns of any violation of the above restriction, City agree to contact us immediately .
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 ; and, the Parties agree that signatures on this Agreement, including those transmitted by facsimile, shall be sufficient to bind the Parties.
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives . It is the intent of the Parties that this Agreement shall become operative on the Effective Date.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
RI E. NOS , JR
City Attorney
ATTEST, ~
ROD DIRIDON, JR.
City Clerk
"CITY"
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone : (408) 615-2210
Fax : (408) 241-6771
PUBLICSTUFF, INC
A DELAWARE CORPORATION
By: /-- ~~
(Signature of Person executing the Agreement on behalf of Contractor) Name: Vi"-ce;i.1. ~I> lid o/O
Title : Cj-' Q
Local Address : ). I'-\ v. ) j"t~ sf §l,1,fe. ) 05
Telephone: (3~] ) j :/ l - 7 l l 7
Fax : C517) {:J t;O .,. 5'Jf J,
"CONTRACTOR "
Agreement for Professional Services with PublicStuff, Inc.
Rev. 2/27/13 ; Typed 10/14/15
AGREEMENT FOR PROFESSIONAL SERVICES
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA
AND
PUBLICSTUFF, INC
EXHIBIT A
SCOPE OF SERVICES
The Services to be performed for City by the Contractor, Inc. under this Agreement are more fully described below and in the Contractor's proposal and follow up document entitled, "RFP for Professional Services: Mobile/Smartphone Application City of Santa Clara" dated August 8, 2014, and "City of Santa Clara, CA PublicStuffCRM and Mobile Applications for Citizen Engagement and Request Reporting" dated September 24, 2014, which are attached to this Exhibit A.
::ntfif
Week 1 Kick-Off- Coordinate and lead kick-off meeting
Review Timeline
Week 2 - 3 Administrator Training - Administrator product training
Data Setup - Detennine service request types,
users, departments, workflows, and widgets
Custom Branding & Mobile - Contractor to build
branded mobile applications with staff-provided
ra hies built to s ecifications
Marketing - Marketing and promotion of new
a lication to residents
Week 2 - 4 Integration with Active Directory* and Lucity** - Discuss, plan, build, and test integrations
lnte ration to Ci Website
Week 2-5 Testing and Modification - Test and iterate on the s stem
Week 5 Staff Training - Train staff users in one onsite Contractor visit
Week 6 Internal Soft Launch - Use of system internally
and modif s stem confi uration, based on feedback
Week 6-12 Marketing and Launch - Prepare marketing and
launch Ian
Week 6-12 Launch - Pre are marketin and launch lan
Week 6-12 Post Production Support
Agreement with PublicStuff, Inc./Scope of Services/Exhibit A Rev. 8/26/14; Typed 10/14/15
Contractor
City
Contractor
City
Contractor
City
Contractor
Cit
Contractor
City
Contractor
Cit
Contractor
Cit
Contractor
Ci
Contractor
Ci
Cit
Contractor
Cit
* Active Directory Integration Requirements
1. City's LDAP system to allow secure third-party access a. Contractor only provides server IP for test and does not provide support for security setup
2. City agrees that users' LDAP usemame will be the same as Contractor usemame Test access to LDAP server
Week 2-4 Import user account information
Week 2-5 Test
**Lucity Integration
Contractor
Cit
Contractor
Cit
Contractor
Ci
Integration into Lucity requires activation of the Lucity API with Contractor plug-ins.
Week2
Week 2-3
Week 2-3
Week3
Week4
Week 4-5
Week2-S
Provide Lucity contact person, version number and
documentation
Open development and production servers to
Contractor IP addresses
Provide Endpoint URL for the API
Verif access to end oint and verif XML return
Map Lucity category and problem codes to Contractor
servicer es
Configure integration
Test
Agreement with PublicStuff, Inc./Scope of Services/Exhibit A Rev. 8/26/14; Typed 10/14/15
City
Contractor
Cit
Contractor
Contractor
Cit
Contractor
Ci
Contractor
Ci
PUBLICSTUFF
RFP for Professional Services: Mobile/Smartphone Application City of Santa Clara
Submitted: 8 August 2014
incoming Requests J._;;,; .. _c; -
PublicStuH, Inc. Proprietary & Confidential
Stuart Grooby
Web Manager
City of Santa Clara
1500 Warburton Ave.
Santa Clara, CA 95050
Dear Mr. Grooby,
On behalf of the team at PublicStuff, I want to thank the City of Santa Clara for the opportunity to respond to the RFP for a Citizen Engagement Web Application. I am pleased to present the enclosed proposal to empower the City to enhance customer service and drive operational efficiency through the use of digital and interactive technologies, while promoting the new brand of the City. I look forward to the opportunity to discuss this proposal with you and your stakeholders as the process unfolds.
I am a principal representative of PublicStuff, Inc. and duly authorized to present offers, conduct negotiations, and enter into agreements. I hereby warrant that our firm is willing and able to perform the commitments contained in this proposal and comply with this RFP's contract requirements. Please feel free to contact me with any questions you may have.
As a former employee of several city agencies, I understand that choosing the right service provider is one of the most important factors for a successful ongoing partnership. Our team takes great pride in building cutting-edge solutions specifically for government organizations. Everything we build starts from conversations with our partner cities. City agencies and residents are at the core of our innovation process, and as such, we strive to partner with leaders in innovation, such as the City of Santa Clara.
Moreover, based on PublicStuff s current partnerships with other communities in California, including Palo Alto, Daly City and Redwood City, we have a proven ability to partner with communities to solve issues specific to Bay Area communities - such as graffiti, as well as managing traffic in the South Bay headed to the new stadium for 49ers' home games! Thanks again for the opportunity to work with the City of Santa Clara. Please let me know if there is ever anything that I can do for you, throughout this process.
Sincerely,
Lily Liu,
Founder, PublicStuff, Inc.
F'ublicStuff, Inc. Proprietary & Confidential
City of Santa Clara RFP, Mobile/Smartphone Application
Table of Contents
CHAPTER 1- PROPOSAL SUMMARY ...................................................................................................................................... 4 ATTACHMENT A - PROPOSAL FORM & PROJECT CONTACTS .......................................................................... 17 ATTACHMENT B -SCOPE OF WORK/SERVICES ............................................................................................... 19 CHAPTER 2- PROFILE OF THE PROPOSING FIRM .............................................................................................................. ZS CHAPTER 3 - QUALIFICATIONS OF THE FIRM ..................................................................................................................... 29 CHAPTER 4 - WORK PLAN OR PROPOSAL ••••••••••••••••••••••••.•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 31 CHAPTER 5 - PROPOSED INNOVATION ............................................................................................................... 37 CHAPTER 6- PROJECT STAFFING ........................................................................................................................ 39 CHAPTER 7-PROPOSAL EXCEPTIONS ................................................................................................................. 40 CHAPTERS-ONGOING SUPPORT ...................................................................................................................... 41 CHAPTER 9 - PROJECT COST SHEET & RATES ...................................................................................................... 43 PublicStuf( Inc. Proprietary & Confidential
City of Santa Clara RFP, Mobile/Smartphone Application
Chapter 1 - Proposal Summary
At PublicStuff, we view the opportunity to work with the City of Santa Clara as a truly unique opportunity to create a partnership that could serve as a national example of how to leverage technology to drive citizen engagement and effectively manage civic infrastructure. We look forward to engaging on a strategic level, both during the phased implementation process and on an ongoing basis thereafter, to determine how best to complement your current branding initiative, leverage your meaningful number of engaged e-notify users, and integrate with your promotion of the City as the new home of the San Francisco 49ers.
PublicStuff offers the City of Santa Clara a complete, turnkey, best-in-class solution that includes branded smartphone applications, a public-facing web portal, a private back-end CRM system for staff workflow (with administrative dashboards for city administrators), and an industry-leading approach to integration - all within the context of a single solution. The PublicStuff solution includes a flexible API that allows for integration into existing city applications. Additionally, the PublicStuff platform allows the City of Santa Clara the ability to seamlessly embed their unique content within the user experience of their mobile applications, as well as link to create widgets linking to videos, biogs, podcasts and other on line content.
In its current release, the services bulleted below meet or exceed the requirements of the City of Santa Clara (including all "Desired" and "Nice to Have" features), as documented in the completed table from Appendix Bat the end of this chapter. • _Qynamically Branded Mobil~JJ.~: Mobile apps supported on Apple's iOS, Google's Android OS, Microsoft's Windows OS, and BlackBerry, readily available for download via their respective online App stores- supporting both phone and tablet device types. • Public-facing Citizen Portal: The public-facing web portal is self-contained within a web iframe allowing it to be embedded on any website or social media sites the city wishes to make the service available. Additionally, web traffic landing at PublicStuff.com will route directly to the appropriate department and system within each respective city. • Constituent Relationship Management solution: The cloud-based constituent relationship management (CRM) solution allows staff to analyze, prioritize, and respond efficiently to citizen requests. Administrative dashboards also provide map views and robust analytics for reporting and performance management. • Simplified GIS: Integrated Google and ESRI GIS maps that display all service requests.
Extensive filtering allows users to display only relevant information to spot trends and analyze data; each point can be clicked to get more information. The City of Frisco can easily load GIS map layers onto PublicStuff or enter their GIS Service map service URL. • Dedicated Account Management for implementation, training, and continued support.
PublicStuff, Inc. Proprietary & Confick:>nti,1!
City of Santa Clara RFP, Mobile/Smartphone Application
As a solution designed specifically for local governments, our system is designed to be flexible, secure, and simple to deploy. The application and database servers that support the system are hosted on RackSpace's cloud server networks, which provide a reliable, configurable, and most importantly, scalable environment. Daily backups of the entire system (including both the database content and the application information) are done using Amazon's Elastic Cloud hosting environment. All transmissions in and out of the system support SSL authentication and encryption to ensure that user and city data is secure and private. We combine this with a strict policy to only store sensitive data (such as password information) in a SHA encrypted format that is never accessible by anyone on or off the PublicStuffteam.
The system is compatible on all mobile devices with an Internet connection, enabling workers in the field to have entire access to the request management system. No hardware is required by the City; the only software required is a currently-supported Internet browser.
Finally, based on our proven experience in working with local government, PublicStuff can contractually represent and warrant to our ability to take the City of Santa Clara live within each proposed phase within your desired timeframe.
Prnven & Distinguishing Capabilities
Extreme Ease-of-Use: Ease-of-use is a core strength of the PublicStuff platform. The user interface for the CRM system is designed for use and comprehension by a maximum range of users with varied technical ability. The user experience is consistent with that of familiar everyday consumer websites like Facebook, Amazon, EBay, etc.
All PublicStuff applications are built around responsive design, which ensures optimal usability for all device types and form factors. The PublicStuff CRM Dashboard is also touch navigation optimized for use on tablets and mobile devices. Users can use the full dashboard under normal wireless or cell tower signal strengths. In areas with low wireless or weak cell tower signal strengths, City users can access a light dashboard to manage the caseload.
Privat~Re(j_lJ_ests and Positive Tran~arency: PublicStuff is uniquely focused on providing solutions that give our government clients complete flexibility and control. With PublicStuff, the City of Santa Clara has complete control and ownership around how the service is deployed and what is/is not made public. Many systems on the market either keep all requests hidden or force all requests to be public. PublicStufftakes a balanced approach in that citizens can still submit private requests when necessary and City Staff retains control over the ability to take requests out of public view when the content is inappropriate or offensive.
PublicStuff, Inc. Proprietary & Confidential
City of Santa Clara RFP, Mobile/Smartphone Application
PublicStuff Widget System: PublicStuff was the first company in our space to offer a Widget system within a mobile citizen platform, allowing staff to create "apps within the app". This provides a scalable solution to meet future needs of different departments without having to procure additional single function apps.
This also allows citizens to access one single app that does it all, as opposed to downloading and engaging with multiple apps from the city. For example, one month after implementing their PublicStuff Philly311 app, Hurricane Sandy hit the City of Philadelphia. The City's 911 and 311 centers were overwhelmed with inbound calls seeking information and reporting downed trees. The City quickly put together a "Hurricane FAQ" Widget to direct citizens on the safest course of action, as well as a "Fallen Tree" category for citizens to report downed limbs with photos and the GPS coordinates, creating an actionable inventory of fallen trees to clear right after the storm.
Push Notifications: City staff can send notifications to any citizen using a smartphone. Any changes to the status of an update can be delivered to residents through push notification, informing them when city staff receive the request, begin work to fix the issue, and ultimately solve the issues - in real-time. This feature can also be used for emergency notifications- as Philadelphia did during Hurricane Sandy to broadcast important information to residents.
For Santa Clara, residents can receive traffic updates and suggested alternative routes on Sundays before and after home games!
Static and Dynamic Translation: PublicStuff is the only system on the market that offers dynamic language translation capabilities on the mobile applications to open up government communication to non-English speakers. This enables a resident to have their mobile device in another language, while having all static and dynamic content translated into their native language. Any information they submit will be sent over to staff in English and staff updates and comments will be automatically translated back into the residents' native language. Given the significant Asian and Hispanic communities living in Santa Clara, this capability is essential to ensuring that the City can adequately reach and serve your entire population. leading Citizen Engagement Tools
With PublicStuff, the City of Santa Clara will be able to customize the branding of their citizen engagement tools to match your unique brand. Service requests can be reported through the smart phone applications, submission form embedded on the city's website and social media pages managed by the city; moreover, these tools allow for updates to case status, social sharing of cases, and provides numerous other features that strengthen the communication between the public and the government.
Pub!icStuft, lnc. Proprietarv & Confidential
City of Santa Clara RFP, Mobile/Smartphone Application
PublicStuff supports iOS, Android, Blackberry (general), and Windows Mobile, and is 100% optimized for submissions not only from smartphone applications, but all resident communication channels: mobile browsers; SMS text submission; toll-free voice line for request submission (for extra, or after-hours, phone coverage); Face book; Twitter (requests can be tweeted directly into the PublicStuff system); and desktop.
At a high-level, the PublicStuff mobile platform features include (but are not limited to):
• Photo and text submissions with file attachments
• Case type and tracking numbers for the service request and contact details for staff • All customization and modifications are updated in real time • Over 60 languages supported in the web portal
• Case status updates and social sharing of cases
• Custom fields, and the ability to make both private and public requests • GPS auto geo-location
• Visual request location pin-pointing/modification on the map • Saving draft requests
• List view of nearby requests
• Map view of nearby requests
• Filtering parameters
• "My Stuff" dashboard to view and manage my requests, comments, drafts, supported request, change profile, change preferences, etc.
• Civic Engagement Dashboard - customizable "widgets" to provide additional information and services to users directly on the city's app . .... ; .. ,,., ... ,, .. Oynll!mi.c lton &t',Ml'\e bran\:ii11g .;, ... , ...... ,. .... ·• Cus.torTiit.8hle m,w1 button ••. _ ..... _._ , Stat1.r.!Announc~rnePt ,~oti!ic.itlons.
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PublicStuff, lnc. Proprietary & Confidential
City of Santa Clara RFP, Mobile/Smartphone Application
Additional Features
PublicStuff PRO enables staff to completely customize the workflow associated with managing service requests from residents. Workflow can be customized by request type with the ability to edit or remove components. Additionally, system administrators can easily modify and create new request types based on location or other criteria, with full configuration over: internal service levels (SLAs), including reminders and escalations notices; confirmation messages, either when a request status changes or a request is completed; the modification of custom data fields; workflow assignments; categories; duplication detection; custom automatic privacy settings; status notifications; and more.
Requests can be pre-configured as public, private (city-viewable only), or sensitive (viewable by specific department or even users). However, any request can be also be changed ad hoc, "on the-fly" by city staff from public to private or sensitive (or visa versa), as needed. In short, the City has complete control, at all times, over all requests, as we believe this is essential in order for enable citizen engagement in a way that is truly collaborative and positive.
The requests tab in PublicStuff PRO a !lows staff to view all their assigned requests in one screen. Department heads and administrative users are able to see requests city-wide. The collapsible filters allow staff users to filter the data based on any data field, including department, request type, address, geographic region, custom fields, contact information, keywords, ticket number, priority level, status, overdue, image attachments, privacy setting and comments. Commonly used filters can be saved and easily accessed in the future through the drop down option.
Moreover, customer service teams can access longitudinal data on user submissions and activity, allowing staff the ability to manage the lifetime record ofresident requests. li'.-q.i!"l';\11-aP~.-t,..-1
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City of Santa Clara RFP, Mobile/Smartphone Application
Each request submitted is assigned a unique tracking identification number; citizens will receive this number after submission and will be notified via email. They, as well as city staff, can then look up a service request by this tracking number. Citizens will also be notified during any activity change in the status of their request. Once a request has been closed, the requestorwill be automatically notified and a customer survey will be generated and stored upon completion.
The request details page shows and archives all details around a request, including the original submission data to the notes, status, images, workflow and other attachments entered by staff.
This page is where staff will update the status, priority level and update workflow steps.
Comments on a request can be marked viewable as private or public. The ability to make public comments to a resident can be locked to only authorized staff members. Built into the commenting section are "canned" responses for commonly used messages and the city's knowledge base system, which suggests potential articles for inclusion. PublicStuff PRO enables staff with institutional knowledge to customize the city's knowledge base system as needed.
Additional options in the request details page include:
• Map view with street view and satelitte views
• Full audit change-log
• Additional file attachments which can include any file type except for .exe files • Privacy settings (making a request public or private) • Duplicate request consolidation
• Track back to 3rd party integration data
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PuhHcStu1'f, lnc. Proprietary & Confidential
City of Santa Clara RF P, Mobile/Smartphone AppUcation
PublicStuff offers an integrated knowledge base for frequently asked questions (FAQs). The knowledge base allows citizens to find answers to their issues before contacting the city.
PublicStuff PRO allows staff to easily create and manage articles and FAQ templates. Knowledge base articles are compatible with both natural and wildcard search, and can be directly linked to categories and service request types. The PublicStuff PRO interface would allow for staff to develop detailed call scripts to provide a consistent, uniform experience to callers.
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City staff can be added to notification list when an incoming service is received or during a status change in workflow. This can also be used to implement escalation policies. For example, certain individuals can be notified if a request is overdue by a certain period. This service can also be used to designate an alternative staff member, while primary contact is out of the office or on vacation.
---
From the dashboard view, staff can view the number and type of requests assigned to them at any given time. In addition, the dashboard allows for robust statistical reporting (1.9), including number of requests open, number of requests closed, number of similar requests and the number of comments submitted. Finally, staff can stay up-to-date on current announcements.
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Finally, PublicStuff PRO incorporates two types of push notifications, which offer multiple benefits to the City of Santa Clara. The first is automatic push notifications. These not!fications will send a push notification to the original reporter and supporters/followers based on any changes to the status of a request or comments that are made. This allows citizens to know when city staff have received the request, are working to fix the issue, and when the problem has been solved, in real-time.
The second type of push notification is a customized notification (1.10). These messages can be customized around any city announcement/information and are easily sent through the PublicStuff PRO notification control screen. In times of emergency, PublicStuff push notifications can be used to provide urgent public safety notifications. From the PublicStuff PRO site dashboard, city staff can create a message with a title that will be sent as a push notification directly to the mobile devices of resident users. A great example of this feature was utilized by Philadelphia during Hurricane Sandy in which the Philly311 app was used to broadcast important information to Philly residents.
Notify Your Mobile Citizens
PubHcStuff, Inc. Proprietary & Confidential
City of Santa Clara RFP, Mobile/Smartphone Application
System and Data Integration
PublicStuff PRO can integrate into any third party systems as a direct integration or through our APls, which we publish openly through the Developer Toolkit (publicstuff.com/developers). We focus on creating bi-directional integrations with 3'd party solutions. Data originally submitted through PublicStuff is sent directly to the 3'd party system. Any updates, comments and closed status are then sent back to the PublicStuff system. This will trigger the notification process back to the resident(s). Moreover, PublicStuff has the ability to work with Microsoft Office programs for document creation and attachment to requests, the ability for pictures and maps for attachment and viewing, and handles Adobe PDF format viewing.
Below is an overview on how our integration process functions:
Step 1: Choose what you want
t'he PubllcStuff system to do
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PublicStuff, Inc. Proprietary & Confidential
City of Santa Clara RFP, Mobile/Smartphone Application
Integration of Third-Party Websites within Mobile Applications The unique Widget system within the PublicStuff platform allows staff to create "apps within the app". This provides a scalable solution to meet future needs of different departments without having to procure additional single function apps. This also allows citizens to access one app that does it all as opposed to downloading and engaging with multiple apps from the city.
Below are some examples of how other cities have leveraged the platform to create widgets for their city and for more information on this, please visit www.publicstuff.com/developers.
Elk Grove Waste
Pitkup Schedule
Elk Grove citizens use
this app to find the
solid waste pickup
schedule for a given
address.
Pub!icStuff, Inc.
DigffaUy City Parks
Residents and visitors
can find information
about nearby parks by
location and activity
with this app.
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Kennel
Current and future pet
owners in Tallahassee
can use this online
kennel app to search for
animals up for adoption.
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inspection Property HLc;tory
Citizens can enter an address
In Philadelphia to see permits,
licenses, vio!ationsand
appeals from the Department
of licenses & Inspections.
Proprietary & Confidential
City of Santa Clara Rf P, Mobile/Smartphone Application Resident Portal & !Frame Integration within Third-Party Websites The Citizen Web Portal and submission form is built inside a responsive iframe that will fit optimally to any defined space in a webpage. It can also be integrated into the City's social media pages such as Face book. PublicStuff also hosts a complimentary web portal for the City of Santa Clara on publicstuff.com to receive web traffic landing at PublicStuff.
This simple line of code is: <iframe height=="900" frameborder="0" width;:::"100%" src=="https://iframe.publicstuff.com/#?client_id=431 "></iframe> All content within the public web portal is easily translated through a drop-down option into over 60 different languages. Moreover, PublicStuff Knowledge Base (FAQ feature) is enabled and populated within the iframe; users do not need to navigate another FAQ page (2.3).
Overview of Service Request Process
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City of Santa Clara RFP, Mobile/Smartphone Application
Reporting
PublicStuff PRO includes a robust reports function that breaks out submissions, performance, and data. This data can then be filtered by any field to track city metrics, performance and trends. With custom reporting, the City of Santa Clara can produce an unlimited number of reports/views, so that they can gather data on request submissions, user activity, departments, staff, submission channel (iPhone, Android, etc) and many other options, including reports by:
request type; status; requester; assigned to; gee-location; who entered request and where routed; time to completion.
Report visualizations are beautiful, easy-to-use, and customizable; moreover, like all features in PublicStuff PRO, reports can be customized to include any branding required by the City.
Reports can be previewed prior to printing. All data can be exported into various data formats, including excel.
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ATTACHMENT A-PROPOSAl. FORM & PROJECT CONTJ:KTS
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City of Santa Clara RFP, Mobile/Smartphone Application
ATTACHMENT B - SCOPE OF WORK/SERVICES
The project will be approached in three phases:
• Implement the best solution (Mobile/Smartphone Application) possible for the City of Santa Clara, and deploy the solution to capture City related infrastructure reporting and requests, City Manager's Office requests and power outage notifications. • The City will then broaden its reporting and requests categories to include other categories such as utilities, planning & inspection, non-emergency public safety and animal control. Targeted completion dates to be determined. • Integrate with existing work order systems through Web Services or Web Application Protocol Interface (API) standards and other applications such as GIS, content management system (CMS) and social media.
PublicStuff response to proposed project approach/phasing: As part of the standard PublicStuff client model, PublicStuff offers dedicated Account Management and Integration Support. The phased rollout request above will be supported in this proposal; no additional implementation services fees will apply (with the exception of time and costs for onsite work).
Other Work Related to Project
No. Category Ranking Functional Requirements PS Response The dashboard should allow easy
configuration, operation and
maintenance by Crt:y personnel,
D01 Dashboard Features A without requiring vendor interaction Included in proposal or significant custom development
including the addition, modification
and deletion of custom fields.
PubiicStuff, Inc. Proprietary & Confidential
City of Santa Clara RFP, Mobile/Smartphone Application
The dashboard should allow individual
staff or workgroups to monitor,
D02 Dashboard Features A contribute more information to, re- Included in proposal categorize, redirect, and promptly respond to, the requestor's service
requests.
The dashboard should allow the
D03 Dashboard Features A option to enter "staff only" notes in Included in proposal the service requests for internal communication.
The dashboard should allow staff to
generate customizable and exportable
004 Dashboard Features A reports for distribution to Included in proposal management in common data format
such as XML, Excel, and delimited files.
The dashboard must be compatible
DOS Dashboard Features A with all the major web browsers Included in proposal including but not limited to: IE, Safari, Chrome, Firefox
PublicStuff, Inc. Proprietary & Confidential
City of Santa Clara RFP, Mobile/Smartphone Application
The dashboard should allow staff to
D06 Dashboard Features A enter new service requests as a result Included in proposal of a report by phone, email, walk-in or self-initiated request.
The mobile application must conform
M01 Mobile App Feature A to the look & feel of the City of Santa Included in proposal Clara branding. See http://santaclaraca.gov
The mobile application must be easily
M02 Mobile App Feature A accessible from the mobile's Included in proposal corresponding app store and a link from the City's website.
M03 Mobile App Feature A Provide smartphone apps for the Included in proposal following platforms: Android and iOS The mobile application must provide a
method of attaching to the request,
M04 Mobile App Feature A electronic image(s) from the mobile Included in proposal device's camera or from an eidsting
library of images.
PublicStuft, Inc. Proprietary & Confidential
City of Santa Clara RFP, Mobile/Smartphone Application
The mobile application should be map
based and utilize location-aware
MOS Mobile App Feature A technology. Requestor must be able to Included in proposal make more precise adjustments or enter a street address for more
accurate location reporting.
The mobile application shou Id display
any existing/open seivice requests in
M06 Mobile App Feature A proximity, to verify that the new Included in proposal proposed request hasn't already been
submitted by another requestor.
PublicSt:uff, Inc. Proprietary & Confidential
City of Santa Clara RFP, Mobile/Smartphone Application
The mobile application should allow
request ors to submit requests initially
without registering personal
information. The system should then
M07 Mobile App Feature A immediately send acknowledgement Included in proposal to the mobile app, to include a unique case number, summary of the request,
as well as instructions directing them
to the public facing web portal for
registration and follow up.
The mobile application should allow
the requestorto submit a request
M08 Mobile App Feature A publicly or privately (for requester's Included in proposal and key staff eyes only} for sensitive cases such as crime tips or internal
only reports.
PubiicStutt, Inc. Proprietary & Confidential
City of Santa Clara RFP, Mobile/Smartphone Application
The mobile application should allow
requestors to choose up to two levels
of categories for their requests.
M09 Mobile App Feature A Example, a level one category may be Included in proposal "Street Repairs" with secondary level
categories such as "Potholes" and
"Cracked Sidewalk"
The mobile application should allow
subsequent requestors to follow or
MlO Mobile App Feature A "like" existing requests to give them Included in proposal the same benefit of notification as the
original requestor.
The public facing portal must conform
PD1 Public Facing Portal A to the look & feel of the City of Santa Included in proposal Clara website, see http://santadaraca.gov
The public facing portal should allow
requestors to submit new requests,
P02 Public Facing Portal A register contact information, follow- Included in proposal up and update their requests, and see
existing requests statuses.
PubHcStuff, Inc. Proprietary & Confidential
City of Santa Clara RFP, Mobile/Smartphone Application
The system should facilitate role-level
S01 System Feature A administration and access in the Included in proposal dashboard.
Requests should be routed
automatically to appropriate City
S02 System Feature A departments or divisions based on Included in proposal user configurable parameters for
resolution.
Automatically notify requestors of
S03 System Feature A status changes, progress, redirects and Included in proposal completion via email.
Retain requests transaction history
S04 System Feature A indefinitely and allow for export of the Included in proposal data for archive.
The system should be able to provide
support of the MAPI (Messaging
sos System Feature A Application Program Interface) and/or Included in proposal SMTP (Simple Message Transfer Protocol) for seamless integration to
the City's Exchange email system.
The system should adhere to the Open
S06 System Feature A 311 application program interface Included in proposal (API) standards specification.
The system should be able to send
S07 System Feature A emergency or important public Included in proposal announcements to the mobile app e.g. power outage notifications
The system should be able to integrate
with Lucity, Chameleon, Utility Outage Included in proposal SOS System Feature A Management System, Content (additional fees may Management System and other City apply)
appUcations
PublicStuff, Inc. Proprietary & Confidential
City of Santa Clara RFP, Mobile/Smartphone Application
In the dashboard, provide facility to
make custom configuration to the
D07 Dashboard Features B mobile app to link to City web Included in proposal resources including, social media, RSS
feeds or other mobile apps.
Provide support for active directory Included in proposal D08 Dashboard Features B (additional fees may integration for staff. apply} Provide a method of attaching to the
Mll Mobile App Feature B request other electronic files such as Included in proposal video or audio.
The system should provide a tablet-
M12 Mobile App Feature B optimized interface to the dashboard Included in proposal via web browser or tablet app to facilitate field worker access.
The system should allow the
M13 Mobile App Feature B submission of requests and check Included in proposal request status via Facebook and other social media channels.
The public facing portal should allow
the requestor to cancel or "un-submit"
their request so it will no longer show
P03 Public Facing Portal B on the web portal. The system should Included in proposal be able to keep track of "un- submitted" requests and notify staff
to cancel any scheduled work
associated with it.
The mobile app should display crime Included in proposal M14 Mobile App Feature B information on a map using data from (additional fees may service like crimereports.com apply)
The portal should be able to display
D09 Public Facing Portal B crime information on a map using data Included in proposal from City applications
The system should be able to integrate
S09 System Feature B with the City of Santa Clara GIS layers Included in proposal and the ESRl platform
PublicStuff, Inc. Proprietary & Confidential
City of Santa Clara Rf P, Mobile/Smartphone Application Provide smartphone apps for
M15 Mobile App Feature C Windows Mobile, BlackBerry and/or Included in proposal SMS platforms.
Integration with the City website Included in proposal
DlO Public Facing Portal C (additional fees may content management system apply) D11 Public Facing Portal C Provide option for translating into Included in proposal multiple languages PublicStuff, Inc. Proprietary & Confidential
City of Santa Clara RFP, Mobile/Smartphone Application
Chapter 2 -· Profile of the Proposing Firm
PublicStuff, Inc. (FIN: 45-4740121) is a venture capital-backed, Delaware-based corporation, headquartered at 214 West 29th Street, Suite 205, New York, NY 10001. All company employees and officers work out of the headquarters office, and can be reached at (347) 442- 7227. PublicStuff does not operate under a parent company, or with any general or limited partners. No lawsuit or litigation has resulted from any performance of services, to date.
PublicStuff was founded in 2009 and has operated continuously under the name of PublicStuff since that time. Today, the PublicStuff platform is a civic engagement tool that connects residents and local governments, providing city-branded mobile and web access points to help improve the quality of life in over 100 communities.
The mission of PublicStuff is to help local governments, such as the City of Santa Clara, connect residents and staff to improve their communities via robust and comprehensive, yet easy-to use and low-cost, technology solutions. All product development is done in-house.
Operating under a software-as-a-service (SaaS)-based business model, all company revenue results from direct agreements for services with partner cities. PublicStuff does not in any way monetize citizen use of the service, whether through digital ad sales or third-party use of citizen data. Accordingly, PublicStuff provides its services only in communities in which it is an explicit partner of the local government and on websites sanctioned by our partners, ensuring that we are always aligned with the interests of all stakeholders committed to advancing good government for those communities.
Over the last 9 months, PublicStuff has doubled in size, with expansion into Europe and growth throughout North American (including Canada). With regard to stability, PublicStuff has raised over $6.5 million in institutional funding, making our Company one of the most financially stable vendors in our space. Beyond financial capital, we enjoy the ongoing support and advisement from our investors (who are among the leaders in tech as well as innovation in government) with regard to the Company's strategic direction and growth plans. Our leadership team includes both of our original founders, as well as executive experience with some the fastest growing companies in tech, including Groupon, Linked In, and ZocDoc.
PublicStuff does not have an office local office, nor does it plan to deploy any full-time staff to reside in the area during the project. However, across our extensive client base, including several Bay Area cities, PublicStuff has not needed a local presence to effectively service our clients. Our customer service leverage numerous tools and access points to be immediately available and highly responsive to customer issues.
Public.Stuff, Inc. Proprietary & Confidential
City of Santa Clara RFP, Mobile/Smartphone Application
Chapter 3 -· Qualifications of the Firm
PublicStuff is being utilized by the largest cities in the country, including Philadelphia, PA and New York, NY; by metropolitan 311 call centers, such as Evanston, IL (a suburb of Chicago); Open311 cities, such as Vancouver, BC; as well as a significant number of small communities - including clients of well under 10,000 residents, such as the Town of Wendell, NC. Moreover, in a testament to the scalability and functionality of the system, the use cases by which government departments leverage our platform are as numerous as the number of our clients - from managing urban blight and dumping, to preventing West Nile virus and crowdsourcing information following a gaslamp outage, to powering a call center and facilitating police reporting, to publishing broadcast city announcements.
At PublicStuff, we exclusively focus on building industry-leading products that directly address the key goals of the initiative outlined in this RFP. Our dedicated team of 30 associates has the capacity to partner closely with the City through all three phases of this project, and to provide ongoing, "white glove" support for the lifetime of the partnership. In short, PublicStuff has all the necessary resources to own the entire end-to-end delivery of the proposed solution, including all products and services, for the entire agreement. No third-parties will be necessary in order to deliver a complete, end-to-end solution to the City of Santa Clara.
Previous Experience in mobile/CRM implementations include /but are not limited to):
Asheville, NC (population 85,000)
Chandler, AZ (population 236,000)
East Peoria, IL (population 23,000)
Elk Grove, CA (population 153,000)
McAllen, TX (population 130,000)
North Miami Beach, FL (population 42,000)
Pensacola, FL (population 52,000)
Plano, TX (population 259,000)
San Marcos, TX (population 45,000)
PublicStutf, Inc. Proprietary & Confidential
City of Santa Clara RFP, Mobile/Smartphone Application
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l'•J;;Nt,:,;H1 Palo Alto, CA tRM &.MobL'f! Sl),O!IO o!lllual fee lOOl(; 6We&h Soe Below OJd V<.>ur firm meet tbe prcjen s<l1er:fole ICt":.I;; ~me! '(0 GJ,·<12 b,;.,,1,utement ttf lhl! ftrm·'• ;o<Sl,ere.1>ce to th,; s~hedul" ;.nd budgH for the Jl'<>i•t!r 1'<1bl;c.st .. lf ?'""''des i flat•fn and we do ""I runo,.,,rour anm1al fee. ioel l\tno. lT!'rojut M&nagor .. 6SO.H9·161ll>
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GI•" a b<i"! uatem.,,nt of the flm1'1 adh<!'"'~ to tb" sdwdule and budll[<"i lo, tile ptoj;;,:t, P,;bl;cst<>ff "'"•id•• a flat-fee and we do not mn !>1/U pu, ann,;ai feo..
PublicStuff, Inc. Proprietary & Confidential
City of Santa Clara RFP, Mobile/Smartphone Application
Chapter 4 -- Work Plan or Proposal
Speed-to-market is a core value at PublicStuff and we are continuously optimizing our client onboarding process. By following the proven methodology that PublicStuff has developed through our extensive implementation experience with government clients, the City of Santa Clara will realize its goal of an on-time implementation, with immediate system availability for design and phase 1 functionality within eight (8) weeks or less.
The implementation plan for the City of Santa Clara will be built in collaboration with community project sponsors, prior to contract execution, and will be organized in a Welcome Packet and presented at Project Kick-off in a manner designed to be as simple as possible for staff. In addition, PublicStuff will also provide strategies for the City of Santa Clara to drive change management across departments, including a plan to engage staff within each phase.
For the City of Santa Clara, key implementation responsibilities center on: coordinating project tasks and meeting internal deadlines for arranging training, configuring the system based upon design requirements, creating graphics and design, and making decisions around the launch plan. These responsibilities and key milestone dates will be clearly articulated and agreed to by our account team within a Scope of Work, prior to contract execution. For more detail, a sample project checklist has been included in this chapter, as well.
There are no additional costs associated with the implementation of our services, across the three phases outlined by the City.
In addition, PublicStuff will work with Santa Clara on strategies for resident adoption and best practices around user acquisition. A basic marketing launch plan could include (but is certainly not limited to) tactics outlined below. However, PublicStuff would also welcome the opportunity to collaborate with the City of Santa Clara on a broader plan that incorporates the City's new branding strategy, as well as your communications plan specific to Levi's Stadium, as well as your plans for leveraging this new City asset to drive residential growth and ongoing economic development.
Pre-Launch:
• Schedule a kick off call with the PublicStuffteam to discuss marketing strategy and determine public launch date.
• Brand your PublicStuff system.
o Name your App. Examples include: Access Fontana, Dormont Delivers, Philly311 o Brand your mobile app with an image and custom widgets. • Draft a press release to be sent to relevant media platforms with quotes from project leaders in your City staff.
• Identify potential community partners to promote your PublicStuff system.
PublicStuff, Inc. Proprielary & Confidential
City of Santa Clara RFP, Mobile/Smartphone Application
o Examples include: downtown agencies, non-profit groups, community groups, local schools, and business associations.
• Include links to your PublicStuff program and iFrame code on your city website. • Follow PublicStuff on Facebook and Twitter for cross promotions.
Public Launch:
• Send out a PublicStuff "Dear-valued-resident-intro-letter" to residents via direct mail or email.
• Distribute press release announcing the launch of PublicStuff to local media. • Host a press conference to announce the PublicStuff request tool in your City. • Announce PublicStuff on your Social Media channels:
o Sample messaging: Download PublicStuff, our new mobile app to connect with city services and news 24/7!
• Announce PublicStuff on your City's current communication channels. o Water bill
o City newsletters
• Customize and distribute flyers to local businesses, residents and community organizations, transit stations and more.
Implementation Plan - Phase 1: 8 week estimated time frame Work Do;Jiver,ible Team Members Atti11ity/Rofe Date
Kick-Off Account Manager (AM) Coordinating & leading kick-off meeting. Week 1 Santa Clara Staff
Project Mapping AM+ PS Tech Map project and business requirements with Week2-5 Santa Clara Staff each department lead.
Implementation AM+ PS Tech Implement workflow and business requirements Week3-5 Santa Clara Staff
Marketing Plan AM Prepare marketing and launch plan Week 3-8 Santa Clara Staff
Administrator Training AM Administrator product training Week2 Santa Clara Staff
Knowledge Base AM+ PS Tech Discuss and set-up KB Week 2-4 Santa Clara Staff
Set-up Customized Text Number AM+ PS Tech Create a unique number for Santa Clara Week 5-6 and Toll-free Number (if needed) Santa Clara Staff residents to text and call into PubHcStuffsystem Testing & Modification Santa Clara Staff Test and iterate on the system Week 5-8 Staff Training AM Train staff users in one PublicStuff-led remote Week 7-8 Santa Clara Staff training session
launch Santa Clara Staff Prepare launch plan Week 7-8
PubikStuff, Inc Proprietary & Confidential
City of Santa Clara RFP, Mobile/Smartphone Application
0 PUBLICSTUFF
lrnplernenting Public.Stuff Checklist
For a smooth and successful launch, PublicStuff site managers should use this checklist as a guide to the implementation process. This checklist also includes information pertaining to third party system integrations and the PublicStuff Knowledge Base.
Week One
Kickoff
Post
Kickoff
:11t,c,g1 <'Jt\on I □
]i!\ 1•~1,1y :--,•..,!•.::r. I □
'
Week Two
·'fraining ,□
Site Data
I°
Set up
□
Custolll
□ Dr anding
Schedule 30-minute kickoff call with PublicStuff Account Manager Invite key municipality staff to kickoff call
Review Implementation Timeline and other implementation materials Schedule Site Admin Training with PublicStuff Account Manager Confirm Web Services and API license for 3rd party system Locate documentation and contact information for 3ni party system Site Admin Training
□ Schedule with your PublicStuff Account Manager
□ Invite key municipality staff(IT, Dept. Heads)
Collect required information for service request types
□ Resources: Site Population Spreadsheet, Service Request Setup Checklist, Publicstuff Services Worksheet
Determine app name
□ Meet with key staff to brainstorm and decide on a name □ Resource: PublicStuff App Name Suggestions
Prepare Custom Branding
□ 1600 x 1000 px Registration Screen Header
□ 1024 x 1024 px App Icon
□ Resource: PublicStuff Branding Guide
i<riowledge
Base
□ Knowledge Base Training
□ Invite key staff that will create articles
Getting Started with PublicStuff Checklist
PublicStuff, Inc. Proprietary & Confidential
City of Santa Clara RFP, Mobile/Smartphone Application
PUBLICSTUFF
Begin Popuiatul$ U~$, tl.t~ig~t~-~k,.2~~!el!\.~Jm..dW.~!is CoilBillt with depatl.lnent he'.1M on oo:rttmt for w~eu 0 Resource: PublkStu.:ffOuldl'!! to Widge!:;
Custo1r1
iar,mdln-g
o submit custom Branding to PuhlkStuff
1:;;:,;:~: I g
>(rv•··"J,;.,i,u, I 0 I'•• •,,.,,, l:P!:f,,;._'f.__~,f.~•-•' , Base .
O Regf$ttilt!on Scrttn Header,App l«f.n, App Name, Oescrtption and Keywordi
Fi:IWlde endpoint and APl a<ttn infaru1ation to PuhlicStu.ff Pro\ride list of obJt;ct.s to map with Pul;illcStuff API Pro>Jidit doc:um~ntati0tt and .contact i'i1forrtiatk,n for ·3~ party syatem Sttf, Dat,,1
SeH1p
□ Co1nplete Popwa.tioo of u~. Oep~.JMn~ • .S.efiJit~.~t.~Ju:t.d Wu~~
. O Review rmtered data ocn iframe and mobire a:pp a.:nd mak.i 11ny nocessary ehangl!:S
O Rttsoun:e: Senrice Rr!qU.e,t setup Cheddi$t
-,,,..,c,(Wf"M'l<'>,>'", f. 0 h .. 1,'>::.,tt -tl •• t:u•[, f ~h;;j ?.<ri:i.:,• :~l/t:t-:,:'it t
ti'";i<"i\i':'1·FdN> 110 ,f ... ,:H,.. !;'.-i•'" .
6H,1H'c r
PubiicStuff, Inc.
Schedure Sta.ff'i'Ta!nlllJ
Internal soft launch announeementto staff
Testing with hitetnill u~ts and ex.ternal user group
r«wtaw PublleStuffMarkttinJ tem,P!atcs
0 ~: Press Rel.tas.e, Sod:al Media Gulde, NWsh!ttru•,
In t£rnal tn'Uill.
TiisUng ofintfl!lr&Uon between PublicStuff and third parey sy11tem Proprietary & Confidential
City of Santa Clara RFP, Mobile/Smartphone Application
PUILtCSTUFF
l ti P~pl'U'e p~~ tcll\l.lSe and 4thEir launch day ~ages f\.181 keting I O s;and. inlt!t'nal ellUill aMOUt'!CE!rMnt to rumtldpaUly mfr Pub!icStuft, Inc.
· 0 Dd«te ali test and sal'.nple ~ts from PUbUCStuff Prn 0 Vt'.rify all ~taff Um'S can log into PubUeStuff Pro
0 FinaUU'. all wldgtts in PU.blkStuff Pro ~~aJttW-'U
0 limbed i!'ra.me on munic.ipality W®site
I
O Se1l.d press rulease and be available for pl'i!SS questloru. · tl send faundl. day 1211:!'SSages
1 0 M.onilor suppo.rt channel.$ for questiort!li I ftl\'!dba.ck from residents Proprietary & Confidential
City of Santa Clara RFP, Mobile/Smartphone Application
Training
Once the system is fully set up and configured with the correct service request categories and workflows, our focus is on proper education of both staff and residents through live training webinars and extensive marketing efforts.
PublicStuff provides training and ongoing support to meet the City's needs. Training sessions will be provided via webinars lasting approximately 60-120 minutes, depending on the training group. The following is an overview of the types of training sessions:
• Administrator Training: This training session lasts 60 minutes and covers all setup components ofthe system, modifying agents, updating mobile applications and more. • Staff Training: This training session lasts 60 minutes and covers the details on how to submit service requests, manage them and obtain reports.
All training sessions are recorded and sent to staff for future reference. Additionally, training materials and videos are accessible through PublicStuff PRO at our Client Resource Center. We provide step-by-step guides for your staff and managers as well as information on marketing leading up to and after the launch of PublicStuff. All materials are continuously maintained, and reflect the most current version of our applications. Moreover, as client success is a core value of ours at PublicStuff, we provide this resource to all clients at no additional charge.
PublicStuff does not usually conduct on-site training as we find our webinars to be equally effective and more convenient for City staff, and have successfully launched more than 100 clients with this methodology while passing cost savings onto our partner City.
However, on top of the above approach, PublicStuffwill also conduct on-site training to the team, if desired, at a highly discounted rate - as we understand that training is something that is extremely important to the City.
This is one more demonstration of our desire to develop a unique partnership with the City of Santa Clara, as we see a great potential for our platform to see significant adoption among your residents.
Public.Stuff, Inc. Proprietary & Confidential
City of Santa Clara RFP, Mobile/Smartphone Application
Chapter 5 -- Proposed Innovation
As a single platform, the PublicStuff system, as proposed, reflects all of the best practices, most recent product enhancements, and current learnings of our client partners. Each day, we work to build a better product and to provide more value to our clients. Moreover, because of our core business model, we work to ensure that all of these improvements reach every one of our clients. Santa Clara will benefit from such ongoing innovation at no additional charge.
Examples of our continuous improvement across each area of our business include:
• Product: we leverage agile development methodologies to ensure the continuous improvement of the platform. Because of our ability to constantly improve upon our platform, PublicStuff currently incorporates the most contemporary design principles, based upon ongoing usability testing which ensures an exceptional user experience. In demonstration of this, PublicStuffv3, released in April and featured in this proposal, is a complete redesign of the user experience and is tangible proof of our commitment to user experience.
Moreover, beyond allowing clients to embed their own widgets (or "apps within the app"), our development team dedicates meaningful engineering time each "sprint" to push out new native widget tools- expanding the platform's value, out of the box, well beyond 311 service requests.
• Implementation and account management: we have over-invested to create a rich library of on line tools and training guides, giving clients the ability to quickly accomplish implementation milestones and train staff members outside of the core implementation training sessions. These tools have both lowered the costs of our implementations, as well as the average time to go-live, for our clients.
• Marketing and citizen engagement: we study citizen adoption across our entire client base, uncovering trends that are driving engagement. Moreover, this \earning is made actionable, with turnkey recommendations for implementation to our clients.
As part of our implementation plan, we would collaborate with the City to create an annual resident communication plan, with strategies for promoting downloads and adoption prior to spikes in requests to the City occur.
However, beyond our core proposal, PublicStuff sees a huge opportunity to partner with Santa Clara in unique ways. For instance, our platform has the ability to pull in "smart" data from third-party partners. Companies such as Booz Allen have the ability to feed PublicStuff data on potholes, as the develop, automatically creating work orders to fix roads before conditions worsen and result in significantly greater costs (from traffic delays, accident claims, and repair costs themselves). Additionally, we can work with partners, such as Placemeter, to monitor automotive as well as pedestrian volumes around key areas around Santa Clara, giving the City PublicStuff, !nc. Propri1:.:tary & Confidential
City of Santa Clara RFP, Mobile/Smartphone Application
real insight into how best to manage the influx of traffic around events at Levi's Stadium.
Finally, our system's unique GIS capabilities support layers of mapping and service request routing, which would allow PublicStuffto take requests sent to the City and route them to the appropriate owners, even if they fall outside of City Hall (including County departments and private management companies [such as Levi's Stadium facilities management]).
In short, by working with PublicStuff, the City will create a partnership with a company invested in your long-term success - as well as invest in a product that is not only the most advanced in this space today, but a platform that will be "future-proof" in the years ahead.
PublicSluff, lnc. Proprietary & Confidential
City of Santa Clara RFP, Mobile/Smartphone Application
Chapter 6 -- Project Staffing
The PublicStuffteam is a diverse group of employees with vastly different skills and experiences that form a highly effective engine of innovation. Every day, our team strives to deliver technically superior solutions. Our robust system is maintained by a full time in house technology team consisting of back end programmers, front-end web developers, designers, and mobile developers. By working together each day at company headquarters, we can provide unparalleled responsiveness for our clients. In lieu of resumes, links have been provided to each member's Linkedln profile.
~urva Yalamanchi/i~EO
Surya joined PublicStuff with broad set of experience across both small and large companies.
He served as a brand manager at Procter & Gamble (PG) for 5 years working on the Olay brand and in a corporate marketing role. He was also part of the pre-I PO teams at Linkedln (LNKD), where he served as Director of Marketing, and Groupon (GRPN), where he led the merchant group reporting to the COO
Vincent Polidoro, Chief Technical Officer
Vincent has a dual degree in Computer Science and Psychology from Carnegie Mellon University. Prior to working with PublicStuff, he was developing interactive software platforms, including working with large corporations to create voice activated warehouse management software. He also has experience working with Red Zone Robotics, in addition to founding several other successful companies.
Lily Liu, Co-Founder
Lily stays engaged in every project on a personal level and strongly believes in quality over quantity. Lily has been working around public policy issues at the local and national level for over 10 years. Lily has worked with Mayor Bloomberg's Special Projects & Analytics Unit in the Department of Education, a $20B organization. Prior to that, she worked in the City of Long Beach, CA and the Transportation Security Administration in Washington, D.C around policy development and local government management.
Asiya Wadud, Account Manager
Asiya Wadud is an account manager at PublicStuff, where she builds relationships with municipalities and provides product support. A city planner and community development practitioner by training, Asiya has spent the last several years working on projects that leverage new technology to enhance community engagement at the neighborhood level. Asiya has master's degrees from UC Berkeley and Stanford University and a bachelor's degree from the College of Wooster.
PublicStuff, Inc. Propri(-:tary & Confidential
City of Santa Clara RFP, Mobile/Smartphone Application
Chapter 7 -- Proposal Exceptions
As noted in Chapter 1, there are no exceptions to the functionality requirements of the City found in our proposed solution. That is, in its current release, the PublicStuff platform meets or exceeds the requirements of the City of Santa Clara (including all "Desired" and "Nice to Have" features), as outlined in Attachment B of this RFP.
With regard to the standard contract terms in the RFP, a small number of sections have terms that are usually amended when contracting with our clients: Section 3 (not applicable to service); Section 11 (given the upfront investment made and costs amoritized via a Saas business model); and Section 12 (except for in the event of a sale, this is otherwise fine).
PubllcSi.uff, lnc. Proprietary & Confidential
City of Santa Clara RFP, Mobile/Smartphone Application
Chapter 8 -- Ongoing Support
The PublicStuff account management team provides dedicated implementation, training, as well as ongoing, "white-glove" support. Your dedicated account manager can be reached directly via phone and email; city staff can also submit tickets online.
PublicStuff is a cloud hosted solution, so all City and County staff, as well as citizen users are always upgraded simultaneously, without any interruption to service. Our mobile applications are also all updated at the same time, and in a way to ensure that legacy versions of our app (in instances where users forget or refuse to update their applications) are still fully supported.
Significant updates to the City facing software (new features, improved user interfaces, etc.) are posted in the Announcements section of the Pro dashboard so they are visible to all staff. Early warning is provided to administrators by their dedicated account managers in these cases to ensure the additional features are added without the risk of confusing or disrupting day-to-day operations. There are no additional costs for ongoing maintenance or for system upgrades.
In short, we pride ourselves on exceptional customer service and try to go above and beyond for our partners. Below are our standard terms for technical and customer support that we will include in our contract with the City. Moreover, as a testament to our commitment to our you long-term success, our Account Management team will work with you to schedule regular executive update meetings to review current performance, share best practices from other clients, set new goals for the City, and discuss opportunities for expanded use by City staff.
1. SERVICE LEVEL COMMITMENT.
1.1 General. PublicStuff shall use commercially reasonable efforts to maintain the Minimum Service Level during the Term of the Agreement.
Uptime Availability of the PublicStuff Service
with all material functionality
Monthly 99%
1.2 Service Disruption PublicStuffwill inform Customer, by eman (or other prompt means if email is unavailable), of any service disruption, unless such disruption is of an insignificant nature (less than 1 hour).
PublicStuff will use commercially reasonable efforts to restore service as soon as reasonably practicable and inform Customer by email (or ofherprompf means if email is unavailable) once service is restored.
PublicStuff, lnc. Proprietary & Confidential
City of Santa Clara RFP, Mobile/Smartphone Application
1.3 Exceptions. The following downtime minutes will be excluded from the measurement of compliance with the Minimum Service Level: (i) downtime minutes related to scheduled maintenance; (ii) downtime minutes related to any matter constituting force majeure pursuant to Section 10.5 of the Agreement; (iii) downtime minutes resulting from acts by Customer other than in accordance with the Agreement, including but not limited to any negligence, willful misconduct or use of the PublicStuff Service in breach of the Agreement and (iv) downtime minutes resulting from data or transmission quality issues outside of PublicStuff's reasonable control. All scheduled maintenance will be conducted between the hours of 12:00 a.m. El and 6:00 a.m. El. PublicStuff at its sole discretion may plan additional scheduled maintenance which will be communicated by email to Customer at least 24 hours in advance with notice of how may hours of downtime is expected.
1.4 Support Hours. Normal hours of operation are 9am ~ 6pm ET, Monday through Friday, excluding PublicStuff-observed holidays. Outside of Support Hours, Customer can access PublicStuff support at https://pro.publicstufLcom/marketing. PublicStuff will use commercially reasonable efforts to address issues within 6 hours during Support Hours and within 12 hours outside of Support Hours. For system down issues, PublicStuff will be available 24x7.
Public.Stuff, lnc. Proprietary & Confidential
City of Santa Clara RFP, Mobile/Smartphone Application
Chapter 9 -- Project Cost Sheet&. Rates
PublicStuff has designed our business and delivery model in such a way as to ensure that Santa Clara realizes all of the value described in this proposal without the risk of unplanned project expenses or cost overruns. All core solution components are fully "baked" into a single, low cost subscription: all software license, software hosting (no hardware is required by the City), system setup, configuration, implementation, training, upgrades, support and maintenance fees are all included in the proposal below. Integration fees may also apply, based upon the 3rd party system. However, this fee will also be quoted on subscription pricing basis.
Mobile Application
iOS, Android, Blackbenv & Windows Phone
City User Accounts
API & Integration Support
Mapping lGIS Integration}
Reporting
System Setup, Online Training & Marketing
Documents & Manuals: 24x7 Resource Center
SMS Text Submission
Maintenance & Support
Custom (branded) in-app store application
Web application for City website and Facebook
Unlimited Widgets
Enterprise PRO bundle - 100 Users
Included
ESRI Enhanced
Enhanced Reporting & Analytics
Included
Included
Included
Account Manager
------------------------------
Phone Submission !VR#
PublicStuff PRO CRM & Citizen-facing Tool Suite $15,400 Lucity Integration $2,000
Chameleon Integration $3,000
·----·--------------------
Active Directory Integration $1,000
Optional: Onsite training $1,000 / day (plus travel)
Optional Module: Knowledge Base (Annual) Waived for Year 1 Total Annual Subscription $21,400
PublicStuff, Inc. Proprietary & Confidential
City of Santa Clara RFP, Mobile/Smartphone Application
ATTACHMENT D- COST PROPOSAL
L Total Price for Mobile/S:martphone Application
$15,400/ year; 21,400/year, including integrations
n. Breakdown of proposed costs for the types of services to be provided. Indicate which items are considered taxable. Pricing for the items will remain valid for the terms llst.ed below.~(Attacb additional pages tf necessary)
We desire one customi.zedprfoi11g that will meet alt our needs without having to negotiate complex multiple..fiered pricing mabiws.
Descdption of License:
• Licensing limitation such as how many users can simultaneously access the adminiStmtive dashboard? Pricing based on population licensing based on • Population based liet.--nsing? 117K residents. 100 licenses are included.
Initial Implementation Fee and 1st Yefil' License, Maintenance and Integration with internal applications
• Year 2 License & Maintenance $15,400/ year;
• Year 3 Liet.,'DSe & Maintenance 21,400/year, including integrations Te<:hnical Support Fees Included in annual subscription Cost of future enhancements (refer to Bs and Cs in the Evaluation Criteria Section) Cost of Upgrades Included in annual subscription
Training Included in annual subscription
Cost of On-site Consulting when needed $1,000/day + travel PubiicStuff, Inc. Proprietary & Confidential
PUBl.lCSTUFF
City of Santa Clara, CA
PublicStuff CRM and Mobile Applications for Citizen Engagement and Request Reporting Summary of Responses for the City's RFP Committee, 9124114 (1) Lucity Integration
Summary of our integration to Lu city:
• PublicStuff and Lu city have a formal partnership that allows for a seamless solution to clients (additional information provided in a separate document) •
•
•
Lucity has designed a module to specifically integrate with PublicStuff, allowing for a very turnkey, procedural integration (outlined below)
Service request updates and comments are sent by PublicStuffto Lucity Status updates and comments are pushed back to PublicStuff by Lucity References include: Fontana, CA; Chandler, AZ; Pensacola, FL The implementation steps for the integration are as follows:
• City: Activate (or verify activation) of Lucity API
• City: Verify Lu city version number and documentation • City: Identify Lucity contact to work with PublicStuff • PublicStuff: Send production server IP address
o Server: 198.101.155. 95
o If needed, open up ports 80 and 443
o Establish two-way communication, using TCP
• City: Provide Endpoint URL for the API
• City: Open development server to IP addresses
• PublicStuff: Verify access to endpoint
• PublicStuff: Verify XML return
• City: Send Lucity category and problem codes needed for integration • City: Send or add service request information for input into PublicStuff for each service request handled by Lucity
• PublicStuff: Write the integration
• PublicStuff: Test
Proprietary & Confidential - Please Do Not Distribute
September 24, 2014
(2) Accela Integration
Summary of our integration to Acee la:
• PublicStuff and Accela maintain a strong business relationship, with our CE Os meeting quarterly to review the partnership
Accela has a very solid API and strong documentation; however, as opposed to Lucity, they have not written a unique module for integration to PublicStuff • Therefore, PublicStuff has written both sides of the integration:
o One service to send requests and comments
o Another service to pull for status updates/changes and comments o Additional customization (e.g. non-service request object types; advanced workflow routing; etc) is available
• References include: McAllen, TX
(3) Uptime
PublicStuff will contractually represent our ability to provide 99.9% uptime. If, in any month, PublicStuff fails to deliver this level of uptime, PublicStuff will provide one (1) additional month of service to the City of Santa Clara at no charge.
(4) 100 Users License Count
Based on City's of similar size and use case, 100 licenses should meet or exceed the needs of Santa Clara. That said, pricing for additional licenses is $100/user/year; for $10,000/year, the City could acquire an unlimited of users.
If the City would like to negotiate a higher number of licenses within the initial agreement, we are happy to evaluate this within the context of other, holistic considerations during contracting. (5) Professional Service Agreement Terms
Comments Provided. To be discussed during the call.
p. 2
PUBLICSTUFF
(5) Work Plan Overview
Below is an initial work plan for the phase 1 implementation (graffiti only), as discussed during the our onsite interview earlier this month.
PublicStuff-ClTYNAME ln1plementation Agreen1ent
The purpose of this Agreement is to outline a roadmap that ensures a successful launch for the CITYNAME. This document outlines the mutually agreed upon roles, responsibilities, and due dates for CITY NAME and PublicStuff to hit the mutually agreed upon launch date of DATE HERE.
Phase Scope Who
Training CITYNAME Owner:
Completed: DATE CITYNAME Escalation:
PublicStuff Owner:
PublicStuff Escalation:
Site Set-up CITYNAME Owner:
Completed: DATE CITYNAME Escalation:
PublicStuff Owner:
PublicStuff Escalation:
Custom Branding & Mobile CITYNAME Owner:
Completed: DATE CITYNAME Escalation:
PublicStuff Owner:
PublicStuff Escalation:
Marketing CITYNAME Owner:
Completed: DATE CITYNAME Escalation:
PublicStuff Owner:
PublicStuff Escalation:
CITYNAME PU BUCSTU FF
p.3
PUBLICSTUFF
Week 1
Kickoff
Post·
Kickoff
Mobile App
Transfer
Week2
Training
Site Data
Set-up
Custom
Branding
&
Mobile
Marketing
□ Schedule 30-minute kickoff call with PublicStuff Account Manager
□ Invite key municipality staff to kickoff call
□ Review Implementation Timeline and other
implementation materials
□ Schedule Site Admin Training with PublicStuff Account Manager
□ Alert previous mobile app provider to impending mobile app transfer
□ Site Admin Training
□ Schedule with your PublicStuff Account Manager
□ Invite key municipality staff {IT, Dept. Heads)
□ Collect required information for service request types □ Resources: Site Population Spreadsheet, Service
Request Setup Checklist, PublicStuff Services
Worksheet
□ Prepare Custom Branding
□ 1600 x 1000 px Registration Screen Header
□ 1024 x 1024 px App Icon
□ Resource: PublicStuff Branding Guide
□ Submit Custom Branding to PublicStuff
□ Registration Screen Header, App Icon, App Name,
Description and Keywords
1 □
Determine who will market and promote the new app
and service to residents
PUBLICSTUFF
Lead
I
Lead
I
I
Time
30-60
mins
15 mins
15 mins
Tlme
1 hr
1-6 hrs
1 hr
I "m;ns
p.4
Week 3
D Begin Populating Us~ De(:!artment~ Service Reguest Lead Time Site Data Types and Workflows
Set--up D Consult with department heads on content for widgets 1-8 hrs D Resource: PublicStuff Guide to Widgets
Week4
D Complete Population of Users, Departments, Service Lead Time Site Data Reguest Types and Workflows
D Review entered data on iframe and mobile app and 1 hr Set-up make any necessary changes D Resource: Service Request Setup Checklist
D Review PublicStuff Marketing templates
I
Marketing D Resources: Press Release, Social Media Guide, 1 hr Newsletter, Internal Email
Week5
Training & D Schedule Staff Training Lead
I Time D Internal soft launch announcement to staff
Testing D Testing with internal users and external user group 1-5 hrs D Prepare press release and other launch day messages
I I
Marketing D Send internal email announcement to municipality staff □ Embed iframe on municipality website 1 hr
Site Data
1~
Delete all test and sample requests from PublicStuff Pro I 130mins Set-up Verify all staff users can log into PublicStuff Pro Custom D Finalize all widgets in PublicStuff Pro Man~e Widg_ets Branding&. D Open each widget to verify proper display and content 30 mins Mobilt:
p.5
PUBLICSTUFF
\Meek 6
Launch
□ Send press release and be available for press questions D Send launch day messages
D Monitor support channels for questions/ feedback from residents
□ Verify all submitted requests are received by staff and responses are sent.
Lead Time
1 hr
(6) Training - Detailed Approach
As noted in our RFP response, our training plan is as follows:
• System Administrator Training (takes place within 1-2 weeks of kick-off) o This training is typically 60-120 minutes, and emphasizes all aspects of system setup o The training is recorded for future review, and admin staff are immediately granted access to our Client Resource Center, which is a repository of tutorials, on line videos, and best practice overviews
o Our dedicated Account Manager will be available thereafter for answering questions as well as providing additional, ad hoc training
• Staff Training training (takes place within 1-2 weeks prior to go-live) •
o This training is typically 60 minutes, and emphasizes all the tools needed for staff to work in the system
o Thereafter, PublicStuff holds general trainings each month for all customers, which any City staff can attend (both new hires and current users looking for a refresher) In Summary:
o PublicStuff strives to train all users of the system (at all levels) upfront, following a train-the-trainer approach thereafter.
o This training approach is complemented by ongoing, dedicated Account Management throughout the lifetime our the City's relationship with PublicStuff o PublicStuff typically does not offer onsite training, but would be willing to include this service, if desired (at with some additional cost), within the context of a broader contract negotiation
p.6
PUBLICSTUFF
p. 7
PUBLICSTUFF
AGREEMENT FOR PROFESSIONAL SERVICES
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA
AND
PUBLICSTUFF, INC
EXHIBITB
O1ll)ERSCHEDULE
The Order Schedule is more fully described in the Contractor's proposal entitled, "Pro Edition Order Schedule (OS) Confirmation" dated October 21, 2014, which is attached to this Exhibit B.
Agreement with PublicStuff, Inc./Fee Schedule/Exhibit B Rev. 8/26/14; Typed 10/14/1 5
PUBLICSTUFF
Pro Edition Order Schedule (OS) Confirmation
General Information
City of Santa Clara, CA
Vonna Gissler
408-615-5537
[email protected]
Accounts Payable Information
Accounts payable contact will receive invoice via email. Please enter their information below:
Agreement Term*
Vonna Gissler
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
[email protected]
Invoices will be sent out using the term start and end dates below:
November 10, 2014
November 9, 2015
*The City has the option to renew the Order Schedule and Agreement for two additional one year terms.
PublicStuff, Inc.
214 W 29th Street, Room 205, New York, NY 10001 I email: [email protected] I phone: (347) 442-7227 Description of Scope of Services
PublicStuff, Inc. ("Contractor") will provide Client with access to Contractor's citizen engagement & workflow management suite (the "Scope of Services"), which includes the following:
• Custom branded smartphone applications
• Public-facing web portal
• Cloud-based CRM and administrative dashboard
200 included (100 standard, plus 100 additional licenses) ,,,,,i'>''>,,,>,..1 City branded in-app store application for iOS, Android & **During the initial term.
Windows phone, with Unlimited widgets. General Blackberry app.
Google (standard) and ESRI (enhanced)
Included
Included
Included
, Enhanced reporting with analytics
Remote, account manager assisted
Onsite, account manager assisted
Account Management support is available Monday through
Friday between 9:00am and 6:00pm EST, excluding holidays.
At cost**
PublicStuff, Inc.
214 W 29th Street, Room 205, New York, NY 10001 I email: [email protected] I phone: (347) 442-7227 Products & Pricing Conditions
In no event shall the amount billed to City by Contractor for services under this Agreement exceed twenty-four thousand nine hundred dollars ($24,900), subject to budget appropriations.
The basic service amount shall be seventeen thousand four hundred dollars ($17,400).
Optional items are budgeted for seven thousand five hundred dollars ($7,500), for a total contracted amount that shall not exceed twenty-four thousand nine hundred dollars ($24,900).
Order Schedule Pricing
PublicStuff Pro Annual
Lucity Integration Annual
Active Directory Integration Annual
Total Annual Subscription Annual
Accela Integration Annual
Onsite Training*** As incurred
Additional Marketing Services**** As incurred
Travel (for Onsite Training)**** As incurred
Total Not to Be Exceeded - Year 1
***For Phase 1, as outlined in Exhibit A, only.
****Amount not to be exceeded, without City Approval.
Miscellaneous Fees/Expenses
$14,900
$2,000
$500
$17,400
$2,000
Waived
$4,000
$1,500
$24,900
Should travel be required for special projects, City will reimburse vendor for all reasonable out of-pocket expenses incurred (e.g., air travel, accommodation, per-diem etc.). Per-diem will be $50 per day, which covers food and out-of-pocket expenses. All expenses shall be billed without any markup. City will require approval in advance of vendor's travel. All travel by vendor will be consistent with City's travel policies and original itemized receipts are required for all items. Estimated travel shall not exceed $1500.00 without City approval.
Where miscellaneous items include consumable or expendable materials such as workbooks, binders, etc., Contractor shall charge the City the actual cost of items purchased with reasonable lowest price procurement methods and receipts are required for all items.
PublicStuff, Inc.
214 W 29th Street, Room 205, New York, NY 10001 I email: [email protected] I phone: (347) 442-7227 Payment
Contractor will send Client invoices based on Exhibit F of the associated Agreement.
Payments will be due within 45 days of the invoice date. Any changes to the Payment Milestone Schedule outlined in Exhibit F needs to be approved in writing by both parties.
Should Contractor not receive payment when due, Contractor reserves the right to discontinue Services upon ten days prior with written notice. Client will be responsible for all costs and expenses (including, without limitation, reasonable attorneys fees) Contractor incurs in collecting late payments not disputed in good faith.
Piggybacking
Client hereby consents to extend to other municipalities the same terms available in this Agreement for use in inter-governmental cooperative purchasing ("Piggybacking").
Notwithstanding the foregoing, the terms of this Order Schedule and Agreement are Confidential Information.
PublicStuff, Inc.
214 W 29th Street, Room 205, New York, NY 10001 I email: [email protected] I phone: (347) 442-7227
AGREEMENT FOR PROFESSIONAL SERVICES
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA
AND
PUBLICSTUFF, INC
EXHIBITC
INSURANCE REQUIREMENTS
Without limiting the Consultant's indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Consultant shall purchase and maintain in full force and effect during the period of performance of the Agreement and for twenty-four (24) months following acceptance by the City, at its sole cost and expense, the following insurance policies from insurance companies authorized to do business in the State of California. These policies shall be primary insurance as to the City of Santa Clara so that any other coverage held by the City shall not contribute to any loss under Consultant's insurance. The minimum coverages, provisions and endorsements are as follows:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury
2. Exact structure and layering of the coverage shall be left to the discretion of Consultant; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.
3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Consultant to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a "pay on behalf' basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and
c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits ofliability.
Agreement with PublicStuff, lnc./Insurance Requirements/Exhibit C Rev. 8/26/14; Typed 10/14/15
B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 w1.th policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned (if any), non-owned and hired autos.
In the event that the Work being performed under this Agreement involves transporting of hazardous or regulated substances, hazardous or regulated wastes and/or hazardous or regulated materials, Consultant and/or its subcontractors involved in such activities shall provide coverage with a limit of one million dollars ($1,000,000) per accident covering transportation of such materials by the addition to the Business Auto Coverage Policy of Environmental Impairment Endorsement MCS90 or Insurance Services Office endorsement form CA 99 48, which amends the pollution exclusion in the standard Business Automobile Policy to cover pollutants that are in or upon, being transported or towed by, being loaded onto, or being unloaded from a covered auto.
C WORKERS' COMPENSATION
I. Workers' Compensation Insurance Policy as required by statute and employer's liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.
2. The indemnification and hold harmless obligations of Consultant included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers' Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).
3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.
D. PROFESSIONAL LIABILITY
Professional Liability or Errors and Omissions Insurance as appropriate shall be wtitten on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Consultant Covered services as designated in the policy must specifically include work performed under this agreement Coverage shall be in an amount of not less than one million dollars ($1,000,000) per occurrence or two million dollars ($2,000,000) aggregate. Any coverage containing a deductible or self-retention must first be approved in writing by the City Attorney's Office.
Agreement with PublicStuff, Inc./Insurance Requirements/Exhibit C Rev. 8/26/14; Typed 10/14/15
E. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.
1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Consultant's work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85, or the combination of CG 20 10 03 97 and CG 20 37 10 OJ, or its equivalent.
2. Primary and non-contributing. Each insurance policy provided by Consultant shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Consultant's msurance.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten ( 10) days prior to the effective date of non renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non-renewal.
4. Qther Endorsement;. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through E of this Exhibit C, above.
F. ADDITIONAL INSURANCE RELATED PROVISIONS
Consultant and City agree as follows:
1. Consultant 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 Agreement with PublicStuff, Inc./Insurance Requirements/Exhibit C Rev. 8/26/14; Typed 10/14/15
by Consultant, provide the same minimum insurance coverage required of Consultant, ~xcept as with respect to limits. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement.
Consultant agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.
2. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
3. The City reserves the right to withhold payments from the Consultant in the event of material noncompliance with the insurance requirements set forth in this Agreement.
G. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Consultant, and each and every subcontractor (of every tier) shall, at its sole cost and expense, purchase and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Consultant shall file with the City all certificates and endorsements for the required insurance policies for City's approval as to adequacy of the insurance protection.
H. EVIDENCE OF COMPLIANCE
Consultant or its insurance broker shall provide the required proof of insurance compliance, consisting ofinsurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement. Upon City's request, Consultant shall submit to City copies of the actual insurance policies or renewals or replacements.
Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be mailed to:
EBIXInc.
City of Santa Clara [Information Technology]
P.O. 12010-S2 or 151 North Lyon Avenue
Hemet, CA 92546-8010 Hemet, CA 92543
Agreement with PublicStuff, Inc./Insurance Requirements/Exhibit C Rev. 8/26/14; Typed 10/14/15
Telephone number:
Fax number:
Email address:
I. QUALIFYING INSURERS
951-766-2280
770-325-0409
[email protected]
All of the insurance companies providing insurance for Consultant shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.
S:\Attomey\INSURANCE\CITY\EXHIBIT C-06 Professional Service Contract.doc Agreement with PublicStuff, Inc./Insurance Requirements/Exhibit C Rev. 8/26/14; Typed 10/14/15
AGREEMENT FOR PROFESSIONAL SERVICES
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA
AND
PUBLICSTUFF, INC
EXHIBIT D
ETHICAL STANDARDS FOR CONTRACTORS SEEKING TO ENTER INTO AN
AGREEMENT WITH THE CITY OF SANTA CLARA, CALIFORNIA
Termination of Agreement for Certain Acts.
A. The City may, at its sole discretion, terminate this Agreement in the event any one or more of the following occurs:
1. If a Contractor 1 does any of the following:
a. ls convicted of operating a business in violation of any Federal, State or local law or regulation;
b. Is convicted2 of a crime punishable as a felony involving dishonesty3; c. Is convicted of an offense involving dishonesty or is convicted of fraud or a criminal offense in connection with: ( 1) obtaining; (2) attempting to obtain; or, (3) performing a public contract or subcontract; d. Is convicted of any offense which indicates a lack of business integrity or business honesty which seriously and directly affects the present responsibility of a City contractor or subcontractor; and/or, e. Made (or makes) any false statement(s) or representation(s) with respect to this Agreement.
2. If fraudulent, criminal or other seriously improper conduct of any officer, director, shareholder, partner, employee or other individual associated with the Contractor For purposes of this Agreement, the word "Consultant" (whether a person or a legal entity) also refers to "Contractor" and means any of the following: an owner or co-owner of a sole prop1ielorship; a person who controls or who has the power to control a business entity; a general pmtner of a pmtnership; a principal in a joint venture; or a primaty corporate stockholde1· [i.e., a person who owns more than ten percent (10%) of the outstanding stock of a corporation] and who is active in the day Lo day operations of that corporation. 2 For purposes of this Agrecn1ent, the ,vords '~convicled?t) or ''conviction'~ mean a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere within the past five (5) years. 3 As used herein, "dishonesty" includes, but is not limited to, embezzlement, theft, forgery, bribety, falsification or destmction of records, making false statements, failure to pay tax obligations, receiving stolen property, collusion or conspiracy.
Agreement with PublicStuff, Inc./Ethical Standards/Exhibit D Rev. 8/26/14; Typed 10/14/15
can be imputed to the Contractor when the conduct occurred in connection with the individual's performance of duties for or on behalf of the Contractor, with the Contractor's knowledge, approval or acquiescence, the Contractor's acceptance of the benefits derived from the conduct shall be evidence of such knowledge, approval or acquiescence.
B. The City may also terminate this Agreement in the event any one or more of the following occurs:
1. The City determines that Contractor no longer has the financial capability 4 or business experience 5 to perform the terms of, or operate under, this Agreement; or,
2. If City determines that the Contractor fails to submit information, or submits false information, which is required to perform or be awarded a contract with City, including, but not limited to, Contractor's failure to maintain a required State issued license, failure to obtain a City business license (if applicable) or failure to purchase and maintain bonds and/or insurance policies required under this Agreement.
C. In the event a prospective Contractor (or bidder) is ruled ineligible (debarred) to participate in a contract award process or a contract is terminated pursuant to these provisions, Contractor may appeal the City's action to the City Council by filing a written request with the City Clerk within ten ( I 0) days of the notice given by City to have the matter heard. The matter will be heard within thirty (30) days of the filing of the appeal request with the City Clerk. The Contractor will have the burden of proof on the appeal.
The Contractor shall have the opportunity to present evidence, both oral and documentary, and argument.
Contractor becomes insolvent, transfers assets in fraud of creditors, makes an assignment for the benefit of creditors, files a petition under any section or chapter of the federal Bankmptcy Code ( 11 U.S.C .), as amended, or under any similar law or statute of the United States or any stale thereof, is adjudged bankrupt or insolvent in proceedings under such laws, or a receiver or tmstee is appointed for all or substantially all of the assets of Contractor.
Loss of personnel deemed essential by the City for the successful perfomrnnce of the obligations of the Contractor to the City.
Agreement with PublicStuff, Inc./Ethical Standards/Exhibit D Rev. 8/26/14; Typed 10/14/15
AGREEMENT FOR PROFESSIONAL SERVICES
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA
AND
PUBLICSTUFF, INC
EXHIBIT E
AFFIDAVIT OF COMPLIANCE WITH ETHICAL STANDARDS
I hereby state that I have read and understand the language, entitled "Ethical Standards" set forth in Exhibit D. I have the authority to make these representations on my own behalf or on behalf of the legal entity identified herein. I have examined appropriate business records, and I have made appropriate inquiry of those individuals potentially included within the definition of "Contractor" contained in Ethical Standards at footnote 1.
Based on my review of the appropriate documents and my good-faith review of the necessary inquiry responses, I hereby state that neither the business entity nor any individual(s) belonging to said "Contractor" category [i.e., owner or co-owner of a sole proprietorship, general partner, person who controls or has power to control a business entity, etc.] has been convicted of any one or more of the crimes identified in the Ethical Standards within the past five (5) years.
The above assertions are true and correct and are made under penalty of perjury under the laws of the State of California.
By:
PUBLICSTUFF, INC.
a Delaware corporation
Signature of Authorized Person or Representative
Title: {' T 0
NOTARY'S ACKNOWLEDGMENT TO BE ATTACHED
Please execute the affidavit and attach a notary public's acknow ledgrnent of execution of the affidavit by the signatory. If the affidavit is on behalf of a corporation, partnership, or other legal entity, the entity's complete legal name and the title of the person signing on behalf of the legal entity shall appear above. Written evidence of the authority of the person executing this affidavit on behalf of a corporation, partnership, joint venture, or any other legal entity, other than a sole proprietorship, shall be attached.
Agreement with PublicStuff, Inc./ Affidavit of Compliance/Exhibit E Rev. 8/26/14; Typed 10/14/15
NEW YORK 'ALL-PURPOSE' ACKNOWLEDGMENT
REAL PROPERTY LAW §309-a
~~'f'~~~~1'Y,;,~ffesif,'~'<>~&~1'.:''6-~&"<'h'(>~~~~~&~~&'™~ State of New York }
County of (11.w fork_" ss.
On the :J.,-J ,J day of Q c.ft £.,,;-v .ho I ;f
in the year ___ '1 _____ before me,
Day Month
the undersigned personally appeared
.; n I . Year
y 1 /J{vy,_.,<./ YD ; do YD
(and
Name of Signer
_____________________ __,) personally known to me or
Name of Additional Signer, if Any
proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity{ies), ~and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon ehalf_ of wp1,c the individual(s) acted, executed the instrument. lrt }-~
Signature of Notary Public
Notary Public - State of New York
Place Seal Below OR cc9f plete Lin?6'J Be!ow
J/tei-f>,,-f--tl41 I Id__ --'------'--------------Name of Notary /lb» io I (
Name of in Which Originally Qualified
I I~
Name of County in Which Certificate of Official
Character Filed (if required)
---------------OPTIONAL---------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: _________________________ _
Document Date: ________________ Number of Pages: _______ _ Signer(s) Other Than Named Above:
© 2013 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5925
AGREEMENT FOR PROFESSIONAL SERVICES
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA
AND
PUBLICSTUFF, INC
EXHIBITF
MILESTONE SCHEDULE
Week l Kick-Off -Coordinate and lead kick-off meeting
Review Timeline
Week 2 - 3 Administrator Training - Administrator product training
Data Setup - Determine service request types, users,
de artments, workflows, and wid ets
Custom Branding & Mobile - Contractor to build
branded mobile applications with staff-provided
ra hies built to s ecifications
Marketing - Marketing and promotion of new
a lication to residents
Week 2 - 4 Integration with Active Directory and Lucity - Discuss, plan, build, and test integrations
Inte ration to Ci Website
Week 2-5 Testing and Modification -Test and iterate on the s stem
Weeks Staff Training - Train staff users in one onsite
Contractor visit
Milestone 1
Deliverable: User Acceptance Test completed and
si ned off
Week 6 Internal Soft Launch - Use of system internally and modif s stem confi uration, based on feedback
Week 6-12 Marketing and Launch- Prepare marketing and
launch Ian
Week 6-12
6 months
(180 days)
Milestone 2 - Final Acceptance
Deliverable: Product acceptance completed and signed
off·
Agreement with PublicStuff, Inc./Milestone Schedule/Exhibit F Rev. 8/26/14; Typed 10/ 14/15
$8,700
$8,700
Page I of 2
Should the City elect to delay the completion of any work deliverable and not reach a given milestone, due to no fault of the Contractor, the payment milestone shall be considered reached and payment due upon 45 days of the scheduled milestone date.
Agreement with PublicStuff, Inc./Milestone Schedule/Exhibit F Rev. 8/26/14; Typed 10/14/15
Pagel of2
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-339 Agenda Date: 4/23/2024
REPORT TO COUNCIL
SUBJECT
Action on Authorizing the Use of City Electric Forces for a Project Located at 80 Saratoga Avenue
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
Section 1310 of the Santa Clara City Charter (Contracts on Public Works) states “that every contract involving an expenditure of more than one thousand dollars ($1,000) for the construction or improvement (excluding maintenance and repair) of public buildings, works, streets, drains, sewers, utilities, parks and playgrounds shall be let to the lowest responsible bidder.” The section further states that “the City Council may declare and determine that, in its opinion, the work in question may be performed better or more economically by the City with its own employees, and after the adoption of a resolution to this effect by at least four affirmative votes, it may proceed to have said work done in the manner stated, without further observance of the provisions of this section.”
DISCUSSION
Staff believes that the work described below is better performed with City forces based upon the following factors: (1) the work is limited in size and scope; (2) City forces have knowledge and training in operating and maintaining the electric system that can be leveraged to more economically perform this work; and (3) bidding out the work and contracting with a private entity would not likely result in a lower overall cost or time savings. Therefore, staff recommends that the City Council declare and determine that City forces can better perform the installation of the following electric facilities and approve the use of City forces.
Estimate Number: 38871
Location: 80 Saratoga Avenue
Type of Service: Temporary Power
Description of Work: Remove 2 padmount transformers and ±400' high voltage conductor. Install 1 padmount transformer and 1 service meter.
Estimated Cost: $28,783
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
ENVIRONMENTAL REVIEW
Staff recommends that the City Council determine that the action being considered is exempt from the California Environmental Quality Act (“CEQA”) pursuant to the section 15303 (Class 3 - New Construction or Conversion of Small Structures) of Title 14 of the California Code of Regulations as City of Santa Clara Printed on 4/19/2024Page 1 of 2
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24-339 Agenda Date: 4/23/2024
the proposed work involves the construction or installation of a limited number of small electric utility facilities.
FISCAL IMPACT
The funds to support the staff time for work performed by SVP and related construction materials for the work detailed in this report are included in the FY 2023/24 Adopted CIP Budget, $28,783 in the New Business Estimate Work project in the Electric Utility Capital Fund. All referenced work will be performed with City Silicon Valley Power staff. Some work associated with encroachment permits may be performed by the Department of Public Works (DPW). DPW costs are recovered through payment of permit fees.
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. 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 80 Saratoga 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.
Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Jovan D. Grogan, City Manager
City of Santa Clara Printed on 4/19/2024Page 2 of 2
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-227 Agenda Date: 4/23/2024
REPORT TO COUNCIL
SUBJECT
Informational Report on 2024 Q1 Legislative Updates
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
On October 9, 2018, the City Council adopted Resolution No. 18-8611 to approve a Legislative Advocacy Position (LAP) Policy. The LAP Policy establishes guidelines for advancing City goals and positions through legislative review and advocacy at the regional, state, and federal levels of government. The policy also provides guidance for City officials who serve on regional, State, and national boards, committees, and commissions when they are asked to review public policy matters and issues.
The Council is required to annually adopt or update LAPs at the beginning of the calendar year to identify specific legislative priorities outside of the LAP Policy’s legislative guiding principles. On December 12, 2023, the City Council adopted eleven (11) LAPs that had been updated for 2024 on the following key issues:
· Broadband, Cable Services, and Wireless Facilities
· Community Services
· Emergency Management
· Energy Legislation, Regulations and Issues
· Housing
· Human Resources and Public Sector Employment
· Public Safety (Further Amended on July 11, 2023)
· Regional Issues and Collaboration
· Sustainability and Environmental Protection
· Transportation Issues
· Water Supply and Conservation
The LAP Policy includes the following procedures that streamline the City’s legislative review and advocacy process:
· If the City Council has previously adopted a policy directly relevant to the legislation or the proposed legislation is generally consistent with the City’s overall guiding principles for legislative advocacy or LAP, the Mayor or City Manager may sign a letter supporting or opposing legislation on behalf of the City.
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· In order to keep the City Council informed of all City communications on legislation, copies of the letter or summary of actions will be distributed to the City Council as information items in the Council Meeting Agendas.
· Staff will provide and/or coordinate quarterly legislative updates on public policy items of interest to the City Council and departments.
In coordination with staff, the City’s legislative advocacy consultant, Townsend Public Affairs, Inc. (Townsend), tracks and monitors legislation and advocates the City’s position on various legislation at the State and federal levels of government. This report provides an update on such efforts.
DISCUSSION
A 2024 Q1 Legislative Update prepared by Townsend summarizes key State and federal updates that have occurred recently (Attachment 1). Townsend has also provided a 2024 Q1 Legislative Bill Matrix that outlines key State legislation that staff and Townsend are tracking (Attachment 2). The bills are grouped under their respective LAP and a summary has been provided for each bill.
City action on legislative items for the quarter is documented in the 2024 Q1 Legislative Action Summary (Attachment 3), along with copies of legislative letters, in accordance with the LAP Policy requirement to provide copies of the letters or a summary of actions to Council.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
The City has an existing agreement with Townsend Public Affairs for state and federal legislative advocacy services. Townsend’s services which are described in this report is included in the consultant’s monthly service fee.
COORDINATION
This report has been coordinated with Townsend Public Affairs 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. Note and file the informational report on 2024 Q1 legislative updates.
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Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. 2024 Q1 Legislative Update by Townsend
2. 2024 Q1 Legislative Bill Matrix
3. 2024 Q1 Legislative Action Summary
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M E M O R A N D U M
To: City of Santa Clara
From: Townsend Public Affairs
Casey Elliott, Vice President
Date: April 23, 2024
Subject: Q uart
erly Legislative Update
The month of March continued with the Legislature’s quick pace of considering and amending legislation to ensure bills progressed through their House of Origin. In addition to the growing momentum of legislative progress within the Legislature, March featured numerous developments related to addressing priority issues such as retail theft, affordability in the utility sector, and broadband infrastructure.
March 5, 2024 marked the State’s Primary Election, California’s top-two system advances the top two candidates of a race, regardless of political identification, to the November 2024 General Election in statewide and congressional races. Additionally, the March Primary Election saw the passage of Proposition 1, the $6.38 Billion Mental Health Bond.
March featured numerous policy committees and robust agendas for bill considerations. This pace will continue through April and May before bills must cross over to their second house by the May 24 th House of Origin deadline. Looking forward, the Legislature will shift its focus once again to the budget process in May, with the release of the Governor’s “May Revision” of the January budget proposal, followed by the constitutional deadline of June 15 th by which the Legislature must approve a budget bill.
Senate President pro Tempore and Bipartisan Senate Coalition Announce Legislation for a Safer California
In late February, Senate President pro Tempore Mike McGuire, and a bi par tisan coalition of
Senate members , announced a legislative package aimed a Safer California. The plan, titled Working Together for a Safer California, addresses the fentanyl crisis and retail and community - based crime. The plan, consisting of 14 legislative measures, encompasses strategies such as enhancing access to treatment, providing rehabilitative services for individuals already involved in the criminal justice system, preventing the trafficking of hazardous new substances, and tackling and discouraging incidents of retail theft and c ommunity-based crimes. Key measures from the package, many of which have been recently amended from spot language form in March, are listed below.
Retail Theft and Community-Based Crime
• SB 905 (Wiener) Removes the current locked door loophole for automotive property thefts.
• SB 982 (Wahab) Makes the current law on organized retail theft, set to expire on January 1, 2026, permanent.
• SB 1144 (Skinner) Requires third-party sellers on an online m arketplace to be certified, and bans sellers suspected of criminal activity from operating through online marketplace platforms.
• SB
1242 (Min) Requires c ourts to impose higher penalties on criminals who create fires to engage in retail theft, which do not impact Proposition 47.
• SB
1416 (Newman) Increases pena lties on professional organized retail theft in particularly significant large-scale resale schemes.
Fentanyl Crisis and Substance Use Treatment Measures
• SB 910 (Umberg) Establishes statewide standards used by collaborative courts to improve programming, drug testing, and medication-assisted treatment for individuals moving through the criminal justice system.
• SB
1385 (Roth) Supports navigators in hospital emergency departments and in the criminal justice system to ensure patients and justice-involved individuals are connected to evidence- based treatment for opioid use disorder and to ongoing treatment services.
• SB
1437 (Skinner) Expands the number of re- entr y hubs to provide more warm hand-offs and treatment options to individuals returning home from the criminal justice system.
• SB
1468 (Ochoa Bogh) Encourages providers to make use of the new federal Drug Enforcement Agency (DEA) rule to allow practitioners to dispense a three-day supply of narcotic medication to start detoxification treatment or maintenance treatment for people who use opioids.
• SB
1502 (Ashby) Prevents illicit use and trafficking of Xylazine (aka “tranq”), an animal tranquilizer with no approved human use that is increasingly being found in the illicit drug supply.
Senat
e Releases Early Action Plan
On March 14 th, the Senate released its budget priorities document, which overviews their proposed amendments to the Governor’s January budget proposal. The priority document has been titled “Protect our Progress,” and serves as an important benchmark for the negotiations between the Governor’s Administration, the Assembly, and the Senate one how each stakeholder would like to see the State’s spending plan for the fiscal year implemented. Since the release of the Governor’s January Budget proposal, which outlined a $38 billion projected shortfall, the Legislative Analyst Office (LAO) has reported the problem could grow by an additional $15 billion, which would take the shortfall to $53 billion. The May Revision of the January Budget Proposal which will incorporate April tax receipts and revenue returns data will provide a more precise number, which could range from lower than $38 billion to higher than $53 billion.
The S
enate report suggests that the Legislature could enhance the management of the shortfall by promptly implementing several billion dollars' worth of proposed solutions. To be precise, the adoption of $17.1 billion in solutions, aligned with the Governor's proposal for a partial utilization of the Rainy-Day Fund, constitutes Step 1 of the Senate's Protect Our Progress 2024 budget plan, achieving the following objectives:
• “Shrinks the Shortfall” from a projected $38-$53 billion to a more manageable $9-24 billion.
• Positions the Legislature and the Governor to best protect progress by maximizing the time and energy spent focusing on the most challenging solutions to close the remaining budget shortfall during the critical time leading up to the June 15 constitutional deadline for the Legislature to pass the Budget Bill.
Notably, the Senate proposes to approve a number of the Governor’s proposed funding deferrals, shifts, and delays. This includes the proposed $260 million delay of Supplemental HHA P Round 5 funding, which is directed to local government for homelessness programs and services.
The Senate proposal does not address the Governor’s proposed spending reductions for core programs such as the Regional Early Action Planning (REAP) grant program and the Active Transportation Program (ATP), which provide critical dollars to local governments for housing production and transportation network infrastructure and planning. The lack of information on these programs suggests the negotiation process is still underway between both houses of the Legislature.
On March 20
th, Governor Newsom announced that he and Senate Pro Tem McGuire had agreed on early budget actions that could be taken by the Legislature to help close the current budget shortfall. No official language was released with the announcement, as it is unclear if the Assembly will be supportive of the agreement; however, the compromise is anticipated to reduce the projected budget shortfall by $12-$18 billion.
March Presidential Primary Election Update
On March 5
th, millions of Californians cast their ballot in the State’s Primary Election. Over 7.7 million ballots were cast in presidential, congressional, legislative, and local races across the State, which represents a voter turnout of just over 34%.
While the race that garnered the most attention was that of President, by time Californians cast their ballots it was clear that the General Election would feature a rematch between President Biden and former President Trump. As such, much of the focus turned to the races to fill California’s Senate seat currently occupied by Senator Butler, the state’s lone ballot initiative, and various legislative races across the state.
As it pertains to the US Senate seat, what was perceived to be a four-candidate race to fill Senator Butler’s seat ended up being a close race between two candidates. As of March 19 th,
Congressman Adam Schiff is the top vote getter with 31.7%, barely edging out Republican Steve Garvey by less than 5,000 votes. Congress Member Katie Porter trailed the two candidates in third with 15.3% and Congress Member Barbara Lee is in fourth with 9.6%. Schiff and Garvey will advance to the November General Election, where Congressman Schiff will be a strong favorite to secure the Senate seat.
Proposition 1 was the only statewide initiative for voter consideration in the March Primary El
ection. During the 2023 Legislative Session, the Legislature approved AB 531 (Irwin) and SB 326 (Eggman) which comprised a package of reforms to the State’s behavioral health care continuum. Specifically, AB 531 authorized $6.38 billion in general obligation bonds to finance permanent supportive housing and behavioral health treatment settings for individuals experiencing homelessness and behavioral health challenges.
Given the field had been cleared for Proposition 1, and it did not have a well-financed opposition campaign, it was assumed that the measure would have an easy path to victory with Governor Newsom serving as the measure’s primary spokesman. However, as of March 19 th, the results
are too close to call, as the Proposition 1 vote is currently at 50.1% ‘yes’, and 49.9 ‘no’. The ‘yes’ side is currently leading by less than 20,000 votes with over 200,000 votes still yet to be counted.
Pending the final tally, it is possible that the supporters, or opponents, could request a targeted recount of ballots if they feel there is a possibility that it could result in a change in the outcome.
Lastly, the March Primary Election saw 100 legislative seats, as well as all of California’s seats in the House, up for consideration. In each of these races, the top two vote getters will advance to November to determine who will next represent each legislative or congressional district. The 2024 election is an important one in Congress and the Legislature, as there are a large number of incumbent lawmakers that are either termed out (state legislature), retiring, or otherwise did not opt to run for re-election.
Affordability Concerns in the Electric Utility Sector: Assembly Utility and Energy Committee Oversight Hearing
On March 6
th the Assembly Utilities and Energy Committee held an oversight hearing regarding affordability concerns in the electric utility sector, current cost drivers, and implications of future trends. The Committee, Chaired by Assembly Member Cottie Petrie-Norris, heard from panelists, discussed and addressed concerns related to the increasing costs of electricity, and explored solutions to make electricity services more cost-effective and affordable. The hearing focused on understanding the contributing factors to high electricity rates and gathering information from various stakeholders to mitigate the burden on ratepayers and concluded with public comment. Additionally, the oversight hearing also served as the mandatory annual legislative update of the Public Utilities Commission and Public Advocate's Office.
Panelists that discussed current costs drivers included President Alice Reynolds, California Public Utilities Commission (CPUC); Deputy Director of Energy Linda Serizawa, California Public Advocates Office; and Grant Parks, California State Auditor. Panelists that discussed future trends and opportunities included Michael Wara, Director of the Climate and Energy Policy Program and Senior Director for Policy of the Sustainability Accelerator, Stanford University; Adam Pierce, Vice President, Energy Procurement and Rates, San Diego Gas & Electric; Matthew Freedman, Staff Attorney, The Utility Reform Network; Stephanie Doyle, California State Affairs Director, Solar Energy Industries Association.
The panelists discussed the factors contributing to escalating rates such as wildfire mitigation costs, distribution costs, and the shift to clean energy, as well as potential solutions, including improving wildfire spending, reducing cross subsidies for rooftop solar customers, and reevaluating the financing of the clean energy transition. The challenges of affordability and the need for transparency and communication with the public were also discussed by panelists.
Possible proposals to lower high energy rates to consumers includes income-graduated fixed charges, external funding sources, alternative financing options, and low -income customer bill relief. The need to balance affordability with the transition to clean energy sources was emphasized.
Committee Members echoed concerns of the increasing costs of electricity rates and the impact on affordability, the need for transparency and communication from the CPUC and the Public Advocates Office. They discussed the need to address cost drivers and reduce cross subsidies for rooftop solar customers, the importance of strategic spending of funds from the Greenhouse Gas Reduction Fund, the need to consider alternative financing models for the clean energy transition, and the importance of holding utilities accountable to their budgets. Committee Members also discussed the need for information and resources to help consumers understand rate increases. Other concerns include the impact of fixed charges on low-income customers, the affordability of rates for customers in hot inland areas, and the need for income graduated fixed charges. Additionally, concerns were raised about the cost-effectiveness of solutions, the impact of long-distance transmission lines on costs, the lack of federal funding for rooftop solar subsidies, the evaluation and elimination of non-cost -effective programs, and the potential negative effects of a utility tax on working-class residents.
CPUC Receives Resistance to Increasing Energy Fees from Member of Congress
On March 25 th, seventeen Congressional Members of the California Delegation sent a letter to the California Public Utilities Commission (CPUC) to avoid imposing a high monthly fee on electricity customers. They expressed concern that a high fixed charge could undercut investments in renewable energy and energy efficiency that Congress intended to encourage with the Inflation Reduction Act. Additionally, they are further concerned that a high fixed charge could increase the electricity bills of millions of Californians, especially those who live in small homes, condos and apartments, and such setbacks could harm our progress on federal and state clean energy, climate, and equity goals.
The Members of Congress who signed the letter didn’t outright oppose a fixed charge but said
the CPUC should avoid a “high” charge. The CPUC proposal has been a hot topic issue as Legislators are driven by growing concerns from constituents regarding utility bills, as PG&E prices have surged by up to 127% over the past ten years.
To halt the fixed charge proposal, Assembly Member Irwin introduced Assembly Bill 1999 which
would repeal the income-graduated utility rate charge structure for residents serviced by investor-owned utilities (IOUS). Additionally, the measure would instead reinstate the CPUC’s
maximum fixed rates of $10 per residential customer account per month for customers not enrolled in the California Alternate Rates for Energy (CARE) program and $5 per residential customer account per month for customers enrolled in the CARE program.
LAO
Releases Report on Broadband Infrastructure
In March, the Legislative Analyst’s Office (LAO) released an overview and recommendations of the 2024-25 budget for broadband infrastructure in California. The Governor’s January Proposed Budget requests a net total of $750 million General Fund in 2024-25 for state broadband infrastructure programs and projects—$500 million in planned appropriations and $250 million in new appropriations. The $500 million in planned appropriations is net of a proposed $100 million delay and $150 million reduction in otherwise planned appropriations for 2024-25.
The LA
O expressed the importance of Legislative oversight in broadband infrastructure implementation which ensures accountability, maximizes impact, addresses budgetary concerns, and promotes equity and access. Additionally, ensuring that underserved communities have equitable access to broadband infrastructure.
The LAO also recommendations to the Legislature include the following:
• Approve the $250 million General Fund included in the California Department of Technology’s (CDT’s) operating budget in 2024-25 for the middle-mile network.
• Reject the additional $1.5 billion General Fund proposed in the Governor’s budget, as well as the proposed budget bill language.
Consider additional Budget solutions such as reduction in appropriations for last- mile project grants (given the availability in 2024-25 of $1.86 billion in federal Broadband Equity, Access, and Deployment program funding), as well as additional reductions of up to $500 million General Fund in Loan Loss Reserve Fund (LLRF) support.
Legislative Calendar
The Legislature has begun the second year of the 2023-24 Legislative Session. As of the bill introduction deadline of February 16
th, the Legislature introduced over 2,100 new bills for consideration, in addition to the two-year bills that remain eligible for consideration.
Below are the upcoming relevant dates for the Legislature:
April 26
th – Deadline for House-of-Origin policy committees to approve fiscal bills May 3rd – Deadline for House-of-Origin policy committees to approve non-fiscal bills May 17th – Deadline for House-of-Origin fiscal committees to send bills to the Floor May 24th – Deadline for bills to pass out of their House-of-Origin June 15th – Deadline for the Legislature to approve a budget bill
Priority Legislation
The State Legislature returned from interim recess in January to begin the second year of the 2023-24 legislative session. As it is the second year of a two-year session, those bills that did not progress in the previous session and were marked as “2-Year Bills” had the opportunity to progress at the behest of their authors until the end of January. Additionally, legislators had until February 16
th to introduce new bills. Ultimately, the Legislature introduced 2,124 new bills prior to the deadline; 1,505 Assembly Bills, and 619 Senate Bills.
Notable introductions include the following:
Housing and Land Use
• AB 1889 (Friedman) requires local governments to incorporate a wildlife connectivity plan into the next update or amendment to its general plan beginning after January 1, 2025
• AB
2583 (Berman) requires local governments to identify and establish school routes for all schools located within the scope of the general plan and establish a posted speed limit no more than 25 miles per hour within a school route beginning 2025 and within every amendment or update to the general plan thereafter.
• AB
3057 (Wilson) exempts from CEQA the adoption of an ordinance by a city or county to provide for the creation of JADU in single-family residential zones.
• AB
3068 (Haney) deems an adaptive reuse project a use by right in all zones, so long as it conforms to affordable housing minimums and other requirements.
Homelessness
• SB 1011 (Jones) prohibits unhoused individuals from loitering on public property, so long as peace officers provide them with 72 hours of notice and resources related to available services and housing.
• SB 1361 (Blakespear) exempts from CEQA’s requirements ac tions taken by a local agency to approve a contract for providing services related to homelessness.
Public S
afety
• AB 2309 (Muratsuchi) authorizes the city attorney of any general law city or c hartered city to prosecute any misdemeanor committed within the city arising out of violation of state law without the consent of the district attorney.
• AB 3085 (Gipson) increases punishments for various offenses related to driving a vehicle recklessly or participating in a speed contest, particularly those that occur during a sideshow event.
• SB
905 (Wiener) clarifies that the victim of a car burglary does not need to prove that their vehicle was locked to press charges, thus strengthening prosecution resources.
• SB
982 (Wahab) makes permanent the current law that is in effect until January 1, 2026, which makes a person guilty of organized retail theft, punishable as a misdemeanor or a felony.
Public Works
• AB
2346 (Lee) authorizes local jurisdictions to be credited for the procurement of recovered organic waste products through an agreement with a direct service provider and would allow the direct service provider agreement to include the procurement of recovered organic waste products on a prospective or retrospective basis as long as the purchase of those products occurs during the year for which the local jurisdiction seeks credit. The bill also allows local governments to count investments made for the expansion of capacity of compostable materials into their procurement targets.
• AB 2619
(Connolly) repeals the CPUC net energy m etering 3.0 (NEM 3.0) ruling that cut incentives for customers to install solar and would restore the previous net energy metering incentives/market.
Revenue and T
axation
• AB 2430 (Alvarez) prohibits local governments from charging monitoring fees on developments that include a 100% affordability component for lower income households and have received a density bonus. Additionally, the bill phases out all monitoring fees on existing properties that meet these standards beginning 2025.
• AB
2553 (Friedman) revises zoning standards by which a local government may impose a vehicular traffic impact fee from a “transit station” to a “major transit stop,” thus narrowing the applicability of sites eligible for the imposition of those fees. The bill further modifi es the definition of what constitutes a major transit stop to increase the frequency of service intervals from 15 to 20 minutes.
• AB 2813 (Aguiar-Curry) makes statutory changes to ACA 1 which will appear on the November 2024 ballot to lower the voter threshold for the passage of general obligation bonds from 2/3 to 55%. This bill modifies the allowable uses of funds generated via bonds to include affordable housing programs. Further, the bill specifies that special taxes are limited to a useful life of at least 15 years or 5 years if the funds are used for public safety purposes. The bill also specifies that a local government may commit revenues to projects or programs administered by nonprofit organizations for affordable or permanent supportive housing programs.
Tr
ansportation
• AB 2427 (McCarty) requires G O -Biz to develop a model permitting checklist, model zoning ordinances, and best practices for permit costs and permit review timelines to help local governments permit curbside charging stations as part of the office’s development of the Electric Vehicle Charging Station Permitting Guidebook or any subsequent updates.
• AB
2626 (Dixon) extends the compliance dates for local government set forth in the Advanced Clean Fleets Regulation by 10 years.
• AB
2744 (McCarty) prohibits the addition of a right-turn or travel lane within 20 feet of a marked or unmarked crosswalk where there is not already a dedicated and marked right- turn or travel lane, and would prohibit vehicles from using this 20-foot area for right turns unless the area is already marked as a dedicated right-turn lane before January 1, 2025.
• SB
1216 (Blakespear) prohibits, on and after January 1, 2025, an agency responsible for the development or operation of bikeways or highways where bicycle travel is permitted from installing a Class III bikeway or restriping a Class III bikeway on a highway that has a posted speed limit greater than 30 miles per hour.
FY2024 A
ppropriations Complete
President Biden signed the Consolidated Appropriations Act ( H.R. 4366) and the Further Consolidated Appropriations Act (H.R. 2882 ), ending the FY2024 appropriations process five months into the fiscal year and averting a government shutdown.
In H.R
. 4366, The Veterans Affairs Department, military construction projects, and related agencies will receive $155.7 billion in discretionary funding. The Department of Transportation and Housing and Urban Development will receive a total of $89.5 billion, and $14.7 billion will be allocated to the Department of the Interior.
Through H.R. 2882, House Republicans achieved a $27 billion increase to the Defense budget.
H.R. 2882 allocates $19.6 billion for U.S. Customs and Border Protection, including $496 million for 22,000 Border Patrol agents. Labor, Health and Human Services, Education, and Related Agencies are to receive $194.4 billion in discretionary allocation. Republicans also celebrated $20.2 billion in budget cuts and a reduction of 85,000 IRS agents.
FEDERAL LEGISLATIVE UPDATES
House Democrats prevented several policy riders from being attached to legislation by House Freedom Caucus members. These riders took aim at Diversity, Equity and Inclusion, LGBTQ+, and human rights initiatives. House Democrats also staved off large spending cuts to the foreign operations budget, making it possible for Ukraine and Israel funding negotiations to resume. The House is quickly beginning the FY2025 process due to the late enactment of FY2024 appropriations.
FY2025 spending caps were agreed upon by President Biden and former Speaker Kevin McCarthy during Fiscal Responsibility Act (FRA) negotiations in spring 2023, so the focus will be on disbursement across agencies and programs. Congressional leadership is expected to continue to debate nondefense spending beyond the $710.7 billion cap dictated by the FRA. On March 20, the House Ways and Means Committee and multiple House Appropriations Subcommittees held hearings on President Biden’s budget request, officially moving on from FY2024.
Nonetheless, there may be delays, as Congresswoman Kay Granger is stepping down as House Appropriations Committee Chairwoman. Her announcement came hours after the House voted to pass H.R. 2882. Committee Vice Chairman Tom Cole was first to announce his candidacy for Chair. After standing in for Chairwoman Granger while she was out sick for a few hearings last year, Rep. Ken Calvert said, “it’s obvious that [Vice Chairman Cole] is the clear -cut favorite.” It's speculated that Rep. Robert Aderholt may also pursue the role.
President Biden Releases FY2025 Budget
The White House released the annual Presidential budget proposal, outlining President Biden’s tax and spending priorities for the next decade. President Biden requested $7.3 trillion in total spending for FY2025. The budget proposes $3.3 trillion of net deficit reduction through 2034.
During President Biden’s State of the Union address, he pitched a higher minimum corporate tax and a 25% minimum tax for billionaires. According to an Office of Management and Budget official, the U.S. would see debt reductions if the proposal were enacted. The budget proposal opposes benefit cuts to Social Security and Medicare. Democrats and Republicans continue to discuss altered funding levels for senior entitlement programs, a conversation which occurs every year.
Senator Schumer Outlines Upcoming Senate Agenda
Majority Leader Chuck Schumer aims to return to other legislative activities now that the government is funded through September. He may be hoping for a summer as productive as the 117
th Congress, but in an election year he may not receive Republican support.
Measures that Senator Schumer has indicated he would like to advance in the coming months include S.1409, the Kids Onl ine Safety Act, which has 65 bipartisan cosponsors and may be one of the easier items to cross off the agenda. Another bill, S.1409 requires covered platforms such as social networks to protect minors from sexual exploitation and online bullying. H.R. 7024, the Tax Relief for American Families and Workers Act of 2024, passed in the House with major bipartisan support but faces an uphill battle in the Senate. H.R. 7024 provides tax cuts to corporations who spend money on research and development projects, and it also expands the child tax credit. S. 2860, the Secure and Fair Enforcement Regulation Banking Act (SAFER), which intends to help state-legal cannabis businesses access the banking system, could see a vote on the Senate Floor too. Each of these items could be attached as an amendment to mandatory FAA Reauthorization and FISA Reauthorization.
Congress Passes Legislation to Reduce Fentanyl Trafficking
On March 7 th, Congress passed S. 206 , the End Fentanyl Act with overwhelming bipartisan support. By requiring the Commissioner of U.S. Customs and Border Protection to update its policies every three years, this legislation hopes to reduce international drug trafficking into the U.S. The recent focus on border reform discussions has brought national attention to all issues within that jurisdiction. This provided a catalyst for House and Senate members to send the legislation to President Biden. Most members from the California Delegation voted in favor of the bill.
House
Transportation and Infrastructure Committee Holds Hearing on Discretionary Grants
On March 7
th, the House Committee on Transportation and Infrastructure (T&I) held a hearing to receive updates from industry representatives on Department of Transportation (DOT) discretionary grants. Two years ago, the Bipartisan Infrastructure Law authorized $196 billion over five years for new and existing DOT competitive grant programs. Committee Chairman Sam Graves stated that industry leaders and stakeholders have experienced issues with applying for and securing these grants from DOT. The hearing witnesses cited problems with delays, grant announcements, and rulemaking. The intent of the hearing was to address these issues and improve the grant process as the Committee prepares for the next highway bill in the next Congress. Witnesses that provided testimony were government officials and nonprofit representatives.
Senate Environment and Public Works Committee Holds PFAS Hearing
On March 20
th, the Senate Environment and Public Works Committee held a full committee hearing to examine the dangerous effects of PFAS and other hazardous chemicals. Committee Chairman Tom Carper stated that the objective was to better understand PFAS and the impacts of regulations like the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Committee Ranking Member Shelley Moore Capito echoed the Chairman’s sentiments and called for a return to the bipartisan legislation delayed by other priorities. These comments came after Sen. Capito’s recent comments about her desire to see certain organizations impacted by PFAS contamination exempted from liability under CERCLA.
Hearing witnesses —government officials, non- profit representatives, and industry attorneys — discussed the impacts of PFAS on water in their communities.
EPA to Finalize National Standards for PFAS in Drinking Water
The EPA is close to finalizing enforceable national drinking water standards for per - and polyfluoroalkyl substances (PFAS), commonly known as forever chemicals. Between 3,400 and 6,300 public water systems—serving up to 94 million people—could be affected by the new rule, according to the EPA. The agency estimates that implementation of the new standards could cost local governments and utilities between $772 million and $1.7 billion a year nationwide.
The EPA’s new regulation would target six compounds, including two of the most frequently detected ones—PFOS and PFOA—and cap their maximum contaminant level in public drinking water to just 4 parts per trillion. That’s the lowest level at which the substances can be reliably detected in the lab and is lower than the allowable amount from any enforceable state regulation currently in place.
Local governments have expressed concern that without additional funding from Congress, the required upgrades will place an undue financial burden on them. The National League of Cities, the US Conference of Mayors, and the National Association of Counties sent a joint letter to the EPA stating that the $10 billion in grants appropriated by the Bipartisan Infrastructure Law is not enough to offset total costs.
The EPA has until September to finalize the new rule, though the agency has said it expects the final rule to come out in early 2024. After that, local governments will have three years to comply, which could involve finding new sources of water or installing specialized treatment facilities.
Meanwhile, congressional committees are considering legislation to shield government entities and passive recipients of PFAS from liability. There is concern that airports and waste management operators could be held liable for PFAS contamination under the superfund law once EPA finalizes its new standard. Legislation has been under negotiation for more than a year and further action is hoped for this year.
EPA Finalizes Vehicle Pollution Standard
The U.S. Environmental Protection Agency (EPA) announced their final rule on national pollution standards for passenger cars, light-duty trucks, and medium-duty vehicles for model years 2027– 2032. The rule establishes new protections by reducing smog- and soot-forming pollution from vehicles and regulating tailpipe emissions. The EPA projects that Multi-P ollutant Emissions
Standards for Model Years 2027 and Later Light-Duty and Medium-Duty Vehicles will avoid more than 7 billion tons of carbon emissions and provide nearly $100 billion of annual net benefits to society, including $13 billion of annual public health benefits and $62 billion in reduced annual fuel and maintenance costs. Sales of "clean" vehicles hit record highs last year, and the EPA expects electric vehicles to account for up to 56% of new passenger vehicles sold for model years 2030–2032.
Pr
esident Biden remains committed to meet the carbon emissions reduction goals he identified at the beginning of his term. Furthermore, his Administration believes the new rule will amplify the clean vehicle industry. The U.S. is investing in battery and electric vehicle manufacturing, and a senior administration official stated that these regulations will help shift the U.S. away from relying on fossil fuels for transportation. However, gas powered vehicles are not obsolete. Per the rule, an automaker still can make vehicles with higher emissions if they meet quotas for clean vehicles.
In an election year, this protects President Biden from alienating voters while still addressing climate change.
City of Santa Clara
2024 Q1 Legislative Bill Matrix
Subject: Community Services LAP
AB 1825 Muratsuchi, D HTML PDF
California Freedom to Read Act.
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Tracking form
Position
Bill information
Status: 04/01/2024 - Re-referred to Com. on ED. From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended.
Summary: Current law establishes a public library system, including school libraries, unified school district and union high school district public libraries, municipal libraries, county free libraries, the California State Library, and library districts. Under current law, the Legislature declares that the public library is, among other things, a source of information and inspiration to persons of all ages, cultural backgrounds, and economic statuses. This bill would require the governing board or body of each public library, including any library, operated on a contractual basis for a public entity, to establish a written policy for the selection of library materials and the use of library materials and facilities, as specified. The bill would require the policy to, among other things, establish that library materials shall not be excluded because of the origin, background, or views of those contributing to the creation of the materials, or because of the topic addressed by the materials or the views or opinions expressed in the materials. The bill would prohibit the governing board or body of a public library from proscribing the circulation or procurement of books or other resources in a public library because of the topic addressed by the materials or because of the views, ideas, or opinions contained in those materials. The bill would also prohibit a public library from exercising the discretion to determine the content of library materials in a manner that discriminates against or excludes materials based on specified protected characteristics, on the basis that the materials contain inclusive and diverse perspectives, or on the basis that the materials may include sexual content, as provided. (Based on 04/01/2024 text)
Location: 03/21/2024 - Assembly ED.
Introduced: 01/11/2024
Current
Text:
04/01/2024 - Amended
Last
Amend:
04/01/2024
AB 2124 Davies, R HTML PDF
Department of Parks and Recreation: swimming lesson vouchers.
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Tracking form
Position
Bill information
Status: 03/20/2024 - Re-referred to Com. on W., P., & W.
Summary: Would establish the Swimming Lesson Voucher Program and require the Department of Parks and Recreation to administer the program, for the purpose of increasing water safety in this state by offering vouchers for swimming lessons at no cost to children 4 years of age or younger whose families have an income of no more than 200% of the federal poverty level. The bill would require the department to contract with, and establish a network of, swimming lesson vendors that accept swimming lesson vouchers offered by the program in exchange for providing swimming lessons, to establish the application method and eligibility criteria for swimming lesson vouchers, as provided, and to issue swimming lesson vouchers for eligible children. The bill would make implementation of these provisions contingent upon an appropriation for these purposes in the annual Budget Act or another statute. (Based on 03/19/2024 text) Location: 03/18/2024 - Assembly W.,P. & W.
Introduced: 02/06/2024
Current
Text:
03/19/2024 - Amended
Last
Amend:
03/19/2024
AB 2384 Wilson, D HTML PDF
Public swimming pools: emergency telephones.
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Tracking form
Position
Bill information
Status: 02/26/2024 - Referred to Com. on HEALTH.
Summary: Current law requires the State Department of Public Health to adopt and enforce regulations relating to public swimming pools. Existing law provides various building and safety standards for public swimming pools, as defined. Current law requires that every person or entity operating or maintaining a public swimming pool do so in a sanitary, healthful, and safe manner. Current law requires county health officers to enforce department regulations and authorizes a county health officer or any department inspector to enter the premises of a public swimming pool and investigate for violations, as specified. This bill would require a person or entity that owns or maintains a public swimming pool, as defined, to ensure that there is an operating telephone on or adjacent to the pool deck, available for emergency use, at all times. (Based on 02/12/2024 text)
Location: 02/26/2024 - Assembly HEALTH
Introduced: 02/12/2024
Current
Text:
02/12/2024 - Introduced
AB 2939 Rendon, D HTML PDF
Parks: counties and cities: interpretive services.
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Tracking form
Position
Bill information
Status: 03/21/2024 - Referred to Com. on L. GOV.
Summary: Existing law authorizes the Department of Parks and Recreation, as a means of furthering its mission to expand access to state parks and outdoor recreation to all, and contingent upon the availability of its resources, to enter into community access agreements, as defined, with eligible entities, as defined, to provide interpretive services and visitor services, as defined, at units of the state parks system to underserved park users, as defined. This bill would require that use of local parks, as defined, by eligible entities, as defined, to provide interpretative services, as defined, to 30 or fewer participating park visitors at a time be considered an allowable public use of the local park, and would require cities, counties, and cities and counties to treat this use of the local park in the same manner as general public use of the local park, that no benefit is conferred by cities, counties, or cities and counties on eligible entities that is not conferred on the general public. To the extent that this bill would impose new duties on cities, counties, and cities and counties, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 02/15/2024 text)
Location: 03/21/2024 - Assembly L. GOV.
Introduced: 02/15/2024
Current
Text:
02/15/2024 - Introduced
Subject: Emergency Management LAP
AB 817 Pacheco, D HTML PDF
Open meetings: teleconferencing: subsidiary body.
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Position
Bill information
Status: 01/25/2024 - Read third time. Passed. Ordered to the Senate. (Ayes 54. Noes 8.) In Senate. Read first time. To Com. on RLS. for assignment.
Summary: The Ralph M. Brown Act requires, with specified exceptions, each legislative body of a local agency to provide notice of the time and place for its regular meetings and an agenda containing a brief general description of each item of business to be transacted. The act also requires that all meetings of a legislative body be open and public, and that all persons be permitted to attend unless a closed session is authorized. The act generally requires for teleconferencing that the legislative body of a local agency that elects to use teleconferencing post agendas at all teleconference locations, identify each teleconference location in the notice and agenda of the meeting or proceeding, and have each teleconference location be accessible to the public. Existing law also requires that, during the teleconference, at least a quorum of the members of the legislative body participate from locations within the boundaries of the territory over which the local
agency exercises jurisdiction. Current law authorizes the legislative body of a local agency to use alternate teleconferencing provisions during a proclaimed state of emergency (emergency provisions) and, until January 1, 2026, in certain circumstances related to the particular member if at least a quorum of its members participate from a singular physical location that is open to the public and situated within the agency’s jurisdiction and other requirements are met (nonemergency provisions). This bill, until January 1, 2026, would authorize a subsidiary body, as defined, to use similar alternative teleconferencing provisions and would impose requirements for notice, agenda, and public participation, as prescribed. In order to use teleconferencing pursuant to this act, the bill would require the legislative body that established the subsidiary body by charter, ordinance, resolution, or other formal action to make specified findings by majority vote, before the subsidiary body uses teleconferencing for the first time and every 12 months thereafter. (Based on 01/17/2024 text)
Location: 01/25/2024 - Senate RLS.
Introduced: 02/13/2023
Current
Text:
01/17/2024 - Amended
Last
Amend:
01/17/2024
AB 1168 Bennett, D HTML PDF
Emergency medical services (EMS): prehospital EMS.
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Tracking form
Position
Bill information
Status: 09/14/2023 - Failed Deadline pursuant to Rule 61(a)(14). (Last location was INACTIVE FILE on 9/12/2023)(May be acted upon Jan 2024)
Summary: The Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act governs local emergency medical services (EMS) systems and authorizes each county to develop an EMS program and designate a local EMS agency. Current law requires a county to enter into a written agreement with a city or fire district that contracted for or provided prehospital EMS as of June 1, 1980. Current law requires, until that written agreement is reached, prehospital EMS to be continued at not less than the existing level and the administration of prehospital EMS by cities and fire districts contracting for or providing those services as of June 1, 1980, to be retained by those cities and fire districts. This bill would require a city to be treated as if it had retained its authorities regarding, and the administration of, prehospital EMS if specified requirements are met. (Based on 07/13/2023 text) Location: 09/14/2023 - Senate 2 YEAR
Introduced: 02/16/2023
Current
Text:
07/13/2023 - Amended
Last
Amend:
07/13/2023
AB 2302 Addis, D HTML PDF
Open meetings: local agencies: teleconferences.
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Tracking form
Position
Bill information
Status: 02/26/2024 - Referred to Com. on L. GOV.
Summary: The Ralph M. Brown Act generally requires for teleconferencing that the legislative body of a local agency that elects to use teleconferencing post agendas at all teleconference locations, identify each teleconference location in the notice and agenda of the meeting or proceeding, and have each teleconference location be accessible to the public. Current law also requires that, during the teleconference, at least a quorum of the members of the legislative body participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. Current law, until January 1, 2026, authorizes the legislative body of a local agency to use alternative teleconferencing in specified circumstances if, during the teleconference meeting, at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda that is open to the public and situated within the boundaries of the territory over which the local agency exercises jurisdiction, and the legislative body complies with prescribed requirements. Current law imposes prescribed restrictions on remote participation by a member under these alternative teleconferencing provisions, including establishing limits on the number of meetings a member may participate in solely by teleconference from a remote location, prohibiting such participation for a period of more than 3 consecutive months or 20% of the regular meetings for the local agency within a calendar year, or more than 2 meetings if the legislative body regularly meets fewer than 10 times per calendar year. This bill would revise those limits, instead prohibiting such participation for more than a specified number of meetings per year, based on how frequently the legislative body regularly meets. (Based on 02/12/2024 text)
Location: 02/26/2024 - Assembly L. GOV.
Introduced: 02/12/2024
Current
Text:
02/12/2024 - Introduced
SB 504 Dodd, D HTML PDF
Wildfires: defensible space: grant programs: local governments.
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Tracking form
Position
Bill information
Status: 07/14/2023 - Failed Deadline pursuant to Rule 61(a)(10). (Last location was NAT. RES. on 5/11/2023)(May be acted upon Jan 2024)
Summary: Current law requires the Director of Forestry and Fire Protection to establish a common reporting platform that allows defensible space and home hardening assessment data, collected by the qualified entities, to be reported to the department. Current law requires the department to establish a local assistance grant program for fire prevention and home hardening education activities and provides that local agencies, among others, are eligible for these grants.
Current law requires the State Fire Marshal to identify areas of the state as moderate, high, and very high fire hazard severity zones based on specified criteria. Current law requires a local agency to designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal, and authorizes a local agency, at its discretion, to include areas within the jurisdiction of the local agency, not identified as moderate, high, and very high fire hazard severity zones by the State Fire Marshal, as moderate, high, and very high fire hazard severity zones, respectively. This bill would require the department, when reviewing applications for the local assistance grant program, to give priority to any local governmental entity that is
qualified to perform defensible space assessments in very high and high fire hazard severity zones who reports that information using the common reporting platform, as provided. (Based on 04/20/2023 text) Location: 07/14/2023 - Assembly 2 YEAR
Introduced: 02/14/2023
Current
Text:
04/20/2023 - Amended
Last
Amend:
04/20/2023
SB 1034 Seyarto, R HTML PDF
California Public Records Act: state of emergency.
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Tracking form
Position
Bill information
Status: 03/20/2024 - Set for hearing April 2.
Summary: The California Public Records Act requires state and local agencies to make their records available for public inspection, except as specified. Current law requires each agency, within 10 days of a request for a copy of records, to determine whether the request seeks copies of disclosable public records in possession of the agency and to promptly notify the person of the determination and the reasons therefor. Current law authorizes that time limit to be extended by no more than 14 days under unusual circumstances, and defines “unusual circumstances” to include certain circumstances. This bill would revise the unusual circumstances under which the time limit may be extended to include the need to search for, collect, appropriately examine, and copy records during a state of emergency proclaimed by the Governor when the state of emergency has affected the agency’s ability to timely respond to requests due to decreased staffing or closure of the agency’s facilities. (Based on 02/06/2024 text)
Location: 02/14/2024 - Senate JUD.
Introduced: 02/06/2024
Current
Text:
02/06/2024 - Introduced
Subject: Energy Legislation, Regulations and Issues LAP
AB 1176 Zbur, D HTML PDF
General plans: Local Electrification Planning Act.
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Tracking form
Position
Bill information
Status: 07/14/2023 - Failed Deadline pursuant to Rule 61(a)(10). (Last location was GOV. & F. on 6/14/2023)(May be acted upon Jan 2024)
Summary: The Planning and Zoning Law requires a city or county to adopt a comprehensive general plan for the city’s or county’s physical development that includes various elements, including, among others, a land use element that designates the proposed general distribution and general location and extent of the uses of the land in specified categories, and a circulation element that identifies the location and extent of existing and proposed major thoroughfares, transportation routes, terminals, any military airports and ports, and other local public utilities and facilities, as specified. This bill, the Local Electrification Planning Act, would require a city, county, or city and county to prepare and adopt a specified plan, or otherwise integrate a plan into the general plan, that, among other things, identifies opportunities to expand electric vehicle charging to meet the needs of the city’s, county’s, or city and county’s current and future visitors, residents, and businesses, and includes policies and implementation measures that address the needs of disadvantaged communities, low-income households, and small businesses for investments in zero-emission technologies that directly benefit these groups, as specified. (Based on 05/26/2023 text)
Location: 07/14/2023 - Senate 2 YEAR
Introduced: 02/16/2023
Current
Text:
05/26/2023 - Amended
Last
Amend:
05/26/2023
AB 1999 Irwin, D HTML PDF
Electricity: fixed charges.
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Tracking form
Position
Bill information
Status: 02/12/2024 - Referred to Com. on U. & E.
Summary: Under current law, the Public Utilities Commission may authorize fixed charges for any rate schedule applicable to a residential customer account. Current law requires the commission, no later than July 1, 2024, to authorize a fixed charge for default residential rates. Current law requires these fixed charges to be established on an income-graduated basis, with no fewer than 3 income thresholds, so that low-income ratepayers in each baseline territory would realize a lower average monthly bill without making any changes in usage. This bill would repeal the provisions described in the preceding paragraph. The bill would instead permit the commission to authorize fixed charges that, as of January 1, 2015, do not exceed $5 per residential customer account per month for low-income customers enrolled in the California Alternate Rates for Energy (CARE) program and that do not exceed $10 per residential customer account per month for customers not enrolled in the CARE program. The bill would authorize these maximum allowable fixed charges to be adjusted by no more than the annual percentage increase in the Consumer Price Index for the prior calendar year, beginning January 1, 2016. (Based on 01/30/2024 text)
Location: 02/12/2024 - Assembly U. & E.
Introduced: 01/30/2024
Current
Text:
01/30/2024 - Introduced
AB 2619 Connolly, D HTML PDF
Net energy metering.
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Tracking form
Position
Bill information
Status: 03/04/2024 - Referred to Com. on U. & E.
Summary: Current law requires every electric utility, defined to include electrical corporations, local publicly owned electric utilities, and electrical cooperatives, to develop a standard contract or tariff for net energy metering, as defined, for generation by a renewable electrical generation facility, as defined, and to make this contract or tariff available to eligible customer- generators, as defined, upon request on a first-come-first-served basis until the time that the total rated generating capacity used by eligible customer generators exceeds 5% of the electric utility’s aggregate customer peak demand.
Current law requires the Public Utilities Commission to have developed a 2nd standard contract or tariff for each large electrical corporation, as defined, to provide net energy metering to additional eligible customer-generators in the electrical corporation’s service territory and imposes no limitation on the number of new eligible customer-generators entitled to receive service pursuant to this 2nd standard contract or tariff. Current law requires the commission, in developing the 2nd standard contract or tariff, to ensure that customer-sited renewable distributed generation continues to grow sustainably and to include specific alternatives designed for growth among residential customers in disadvantaged communities. Current law authorizes the commission to revise the 2nd standard contract or tariff as appropriate. Pursuant to that authorization, the commission has instituted rulemakings and issued decisions relating to the 2nd standard contract or tariff. This bill would require all eligible customer-generators of large electrical corporations receiving service under the 2nd standard contract or tariff to be subject to a specified version of the tariff developed by the commission in a specified rulemaking. The bill would require the commission to develop a new standard contract or tariff providing for net energy metering for eligible customer-generators of large electrical corporations, and would require every other electric utility to revise its standard contract or tariff providing for net energy metering. (Based on 02/14/2024 text)
Location: 03/04/2024 - Assembly U. & E.
Introduced: 02/14/2024
Current
Text:
02/14/2024 - Introduced
AB 3181 Pellerin, D HTML PDF
Electricity: outages.
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Tracking form
Position
Bill information
Status: 03/11/2024 - Referred to Com. on U. & E.
Summary: Would require, if one or more customers served by an electrical distribution circuit experiences 4 or more discrete electrical outages, as defined, during a single calendar year, the electrical corporation that owns and operates that circuit to perform a review of that circuit to determine the cause of the outages and implement system improvements to reduce the anticipated risk of future outages on that circuit below the threshold level of 4 outages per calendar year. The bill
would require the electrical corporation to make the findings of the circuit review, the scope of work expected to be performed to reduce the anticipated risk of future outages on that circuit, and the expected reduction in the risk of future outages resulting from that work available to the impacted customers and the city, county, or city and county in which the circuit is located. (Based on 02/16/2024 text)
Location: 03/11/2024 - Assembly U. & E.
Introduced: 02/16/2024
Current
Text:
02/16/2024 - Introduced
SB 233 Skinner, D HTML PDF
Battery electric vehicles and electric vehicle supply equipment: bidirectional capability.
Progress bar
Tracking form
Position
Bill information
Status: 09/14/2023 - Failed Deadline pursuant to Rule 61(a)(14). (Last location was INACTIVE FILE on 9/13/2023)(May be acted upon Jan 2024)
Summary: Would require the Energy Commission, in consultation with the State Air Resources Board and the PUC, on or before June 30, 2024, to convene a stakeholder workgroup to examine challenges and opportunities associated with using a battery electric vehicle and bidirectional electric vehicle service equipment as a mobile battery to power a home or building or to provide electricity to the electrical grid, and require the Energy Commission, in consultation with the stakeholder workgroup, on or before January 1, 2026, to submit a report to the Governor and Legislature that includes, among other things, specified information related to the bidirectional capability of battery electric vehicles and electric vehicle service equipment, as specified. (Based on 09/01/2023 text) Location: 09/14/2023 - Assembly 2 YEAR
Introduced: 01/24/2023
Current
Text:
09/01/2023 - Amended
Last
Amend:
09/01/2023
SB 572 Stern, D HTML PDF
Natural gas: prices: report.
Progress bar
Tracking form
Position
Bill information
Status: 09/14/2023 - Failed Deadline pursuant to Rule 61(a)(14). (Last location was INACTIVE FILE on 9/14/2023)(May be acted upon Jan 2024)
Summary: Would require the Public Utilities Commission, on or before August 1, 2024, and in consultation with the State Energy Resources Conservation and Development Commission to the extent necessary to analyze the natural gas wholesale market and trends, to submit a report to the relevant legislative policy committees on the status, outcomes, and recommendations, if any, of the commission order described above and the status and any findings of any related investigations by the Federal Energy Regulatory Commission. (Based on 09/01/2023 text) Location: 09/14/2023 - Assembly 2 YEAR
Introduced: 02/15/2023
Current
Text:
09/01/2023 - Amended
Last
Amend:
09/01/2023
SB 1095 Becker, D HTML PDF
Cozy Homes Cleanup Act: building standards: gas-fuel-burning appliances.
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Tracking form
Position
Bill information
Status: 03/26/2024 - Set for hearing April 2.
Summary: (1)Existing law, the Manufactured Housing Act of 1980 (the “act”), requires the Department of Housing and Community Development to enforce various laws pertaining to the structural, fire safety, plumbing, heat-producing, or electrical systems and installations or equipment of a manufactured home, mobilehome, commercial coach, or special purpose commercial coach. The act defines “manufactured home” and “mobilehome” to mean a structure that meets specified requirements, including that the structure is transportable in one or more sections and is 8 body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected onsite, is 320 or more square feet, and includes the plumbing, heating, air-conditioning, and electrical systems contained within the structure.This bill would extend those provisions to also apply to electric water heaters and electric appliances for comfort heating that are not specifically listed for use in a manufactured home or mobilehome. (Based on 03/21/2024 text) Location: 03/20/2024 - Senate JUD.
Introduced: 02/12/2024
Current
Text:
03/21/2024 - Amended
Last
Amend:
03/21/2024
SB 1130 Bradford, D HTML PDF
Electricity: Family Electric Rate Assistance: reports.
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Tracking form
Position
Bill information
Status: 03/19/2024 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (March 19). Re-referred to Com. on APPR.
Summary: Would require the Public Utilities Commission, by June 1, 2025, and each year thereafter, to review each electrical corporation’s report to ensure it has sufficiently enrolled eligible households in the FERA program commensurate with the proportion of households the commission determines to be eligible within the electrical corporation’s service territory. If the commission, in its review of a report, determines an electrical corporation has not sufficiently enrolled eligible households in the FERA program, the bill would require the commission to require the electrical corporation to develop a strategy and plan to sufficiently enroll eligible households within 3 years of the adoption of the strategy and plan. (Based on 02/13/2024 text)
Location: 03/19/2024 - Senate APPR.
Introduced: 02/13/2024
Current
Text:
02/13/2024 - Introduced
SB 1148 Blakespear, D HTML PDF
Electrical service: multifamily dwellings and local government buildings.
Progress bar
Tracking form
Position
Bill information
Status: 02/21/2024 - Referred to Coms. on E., U. & C. and L., P.E. & R.
Summary: Current law requires the Public Utilities Commission to require every residential unit in an apartment house or similar multiunit residential structure, condominium, or mobilehome park issued a building permit on or after July 1, 1982, with certain exceptions, to be individually metered for electrical and gas service. This bill would add an exception from the requirement that every residential unit be individually metered for electrical service for a multifamily dwelling that includes a microgrid, as defined, and that meets specified requirements, including, among other things, that each tenant’s electricity costs are less than what the tenant would have paid without the deployment of the microgrid, that the multifamily dwelling uses electricity generated from renewable energy resources, that all construction workers employed in the construction of the dwelling are paid at least the general prevailing rate of wages, as specified, and that the owner of the dwelling bills tenants using one of 3 specified methods. The bill would require the commission to authorize the use of a master meter in any building owned or operated by a local government. (Based on 02/14/2024 text) Location: 02/21/2024 - Senate E. U., & C.
Introduced: 02/14/2024
Current
Text:
02/14/2024 - Introduced
Subject: Housing LAP
AB 67 Muratsuchi, D HTML PDF
Homeless Courts Pilot Program.
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Tracking form
Position
Bill information
Status: 09/01/2023 - Failed Deadline pursuant to Rule 61(a)(11). (Last location was APPR. SUSPENSE FILE on 8/28/2023)(May be acted upon Jan 2024)
Summary: Would, upon an appropriation by the Legislature, create the Homeless Courts Pilot Program, which would remain in effect until January 1, 2029, to be administered by the Judicial Council for the purpose of providing comprehensive community-based services to achieve stabilization for, and address the specific legal needs of, homeless individuals who are involved with the criminal justice system. The bill would require applicant cities or counties seeking grant funds to provide a number of specified services or program components, including, but not limited to, a diversion program enabling participating defendants to have specified charges dismissed upon completion of a program, provision of temporary, time-limited, or permanent housing during the duration of the program, and a dedicated representative to assist defendants with housing needs. The bill would require an applicant for grant funding under the program to submit a plan for a new homeless court program or expansion of an existing homeless court program, and would require any funding awarded to an applicant to be used in accordance with that plan. (Based on 03/13/2023 text) Location: 09/01/2023 - Senate 2 YEAR
Introduced: 12/07/2022
Current
Text:
03/13/2023 - Amended
Last
Amend:
03/13/2023
AB 799 Rivas, Luz, D HTML PDF
Homelessness: financing plan.
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Tracking form
Position
Bill information
Status: 09/14/2023 - Failed Deadline pursuant to Rule 61(a)(14). (Last location was INACTIVE FILE on 9/12/2023)(May be acted upon Jan 2024)
Summary: Would require the California Interagency Council on Homelessness, in collaboration with continuums of care, counties, and big cities, as defined, and other stakeholders, to establish and regularly update a financing plan to solve homelessness by the year 2035. The bill would require the council to establish and update statewide performance metrics to reduce racial and ethnic disparities in homelessness and to increase successful exits from homelessness to permanent housing by updating the Statewide Action Plan for Preventing and Ending Homelessness in California, no later than January 1, 2025, and would require the council to publish these goals on its internet website, as specified. (Based on 09/01/2023 text)
Location: 09/14/2023 - Senate 2 YEAR Current
Text:
09/01/2023 - Amended
Introduced: 02/13/2023
Last
Amend:
09/01/2023
AB 1318 Rivas, Luz, D HTML PDF
California Environmental Quality Act: exemption: residential projects.
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Tracking form
Position
Bill information
Status: 07/14/2023 - Failed Deadline pursuant to Rule 61(a)(10). (Last location was E.Q. on 5/31/2023)(May be acted upon Jan 2024)
Summary: The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.This bill would expand the exemption by increasing the size of a residential project that would qualify for the exemption to include a project of not more than 5 acres in total area. The bill would require a lead agency approving an exempt residential project on an urbanized infill site to file a notice of exemption with the Office of Planning and Research, as specified. This bill contains other related provisions and other existing laws. (Based on 02/16/2023 text) Location: 07/14/2023 - Senate 2 YEAR
Introduced: 02/16/2023
Current
Text:
02/16/2023 - Introduced
AB 1657 Wicks, D HTML PDF
The Affordable Housing Bond Act of 2024.
Progress bar
Tracking form
Position
Bill information
Status: 03/04/2024 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
Summary: Current law authorizes the issuance of bonds in specified amounts pursuant to the State General Obligation Bond Law and requires that proceeds from the sale of these bonds be used to finance various existing housing programs, capital outlay related to infill development, brownfield cleanup that promotes infill development, and housing-related parks. This bill would enact the Affordable Housing Bond Act of 2024, which, if adopted, would authorize the issuance of bonds in the
amount of $10,000,000,000 pursuant to the State General Obligation Bond Law. Proceeds from the sale of these bonds would be used to finance programs to fund affordable rental housing and homeownership programs, including, among others, the Multifamily Housing Program, the CalHome Program, and the Joe Serna, Jr. Farmworker Housing Grant Program. This bill would provide for submission of the bond act to the voters at the March 5, 2024, statewide general election in accordance with specified law. (Based on 03/04/2024 text) Location: 03/04/2024 - Senate APPR.
Introduced: 02/17/2023
Current
Text:
03/04/2024 - Amended
Last
Amend:
03/04/2024
AB 1820 Schiavo, D HTML PDF
Housing development projects: applications: fees and exactions.
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Tracking form
Position
Bill information
Status: 04/01/2024 - From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.
Summary: Current law requires a housing development project be subject only to the ordinances, policies, and standards adopted and in effect when the preliminary application was submitted. This bill would authorize a development proponent that submits a preliminary application for a housing development project to request a preliminary fee and exaction estimate, as defined, and would require the local agency to provide the estimate within 20 business days of the submission of the preliminary application. For development fees imposed by an agency other than a city or county, the bill would require the development proponent to request the preliminary fee and exaction estimate from the agency that imposes the fee. (Based on 04/01/2024 text)
Location: 01/29/2024 - Assembly H. & C.D.
Introduced: 01/11/2024
Current
Text:
04/01/2024 - Amended
Last
Amend:
04/01/2024
AB 1886 Alvarez, D HTML PDF
Housing Element Law: substantial compliance: Housing Accountability Act.
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Status: 04/01/2024 - From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.
Summary: The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Current law, commonly referred to as the Housing Element Law, prescribes requirements for a city’s or county’s preparation of, and compliance with, its housing element, and requires the Department of Housing and Community Development to review and determine whether the housing element substantially complies with the Housing Element Law, as specified. If the department finds that a draft housing element or amendment does not substantially comply with the Housing Element Law, current law requires the legislative body of the city or county to either (A) change the draft element or amendment to substantially comply with the Housing Element Law or (B) adopt the draft housing element or amendment without changes and make specified findings as to why the draft element or amendment substantially complies with the Housing Element Law despite the findings of the department. Current law requires a planning agency to promptly submit an adopted housing element or amendment to the department and requires the department to review the adopted housing element or amendment and report its findings to the planning agency within 60 days. This bill would require a planning agency that makes the above-described findings as to why a draft housing element or amendment substantially complies with the Housing Element Law despite the findings of the department to submit those findings to the department. The bill would require the department to review those finding in its review of an adopted housing element or amendment. The bill would create a rebuttable presumption of validity for the department’s findings as to whether the adopted element or amendment substantially complies with the Housing Element Law. (Based on 04/01/2024 text)
Location: 02/05/2024 - Assembly H. & C.D.
Introduced: 01/22/2024
Current
Text:
04/01/2024 - Amended
Last
Amend:
04/01/2024
AB 1893 Wicks, D HTML PDF
Housing Accountability Act: housing disapprovals: required local findings.
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Status: 04/01/2024 - From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.
Summary: Current law, commonly referred to as the Housing Element Law, prescribes requirements for a city’s or county’s preparation of, and compliance with, its housing element, and requires the Department of Housing and Community Development to review and determine whether the housing element substantially complies with the Housing Element Law, as specified. The Housing Accountability Act, among other things, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, a housing development project for very low, low-, or moderate- income households unless the local agency makes written findings as to one of certain sets of conditions, as specified.
One Under the act, one set of conditions available to a local agency for the finding necessary to disapprove a housing development project for very low, low-, or moderate-income households is that (A) the jurisdiction has adopted a housing element that is in substantial compliance with the Housing Element Law, and (B) the jurisdiction has met or exceeded its share of the regional housing need allocation for the planning period for the income category proposed for the housing development project. Current law defines “housing for very low, low-, or moderate-income households” for purposes of the Housing Accountability Act to mean at least 20% of the total units shall be sold or rented to lower income households or 100% of the units are sold or rented to persons and families of moderate income. This bill would revise that definition to mean at least 10% of the units are dedicated to lower income households, 100% of the units are dedicated to lower
income households at an affordable rent consistent with rent limits established by the California Tax Credit Allocation Committee, 100% of the units are sold or rented to persons and families of moderate income, or the housing development consists of 10 units or fewer. (Based on 04/01/2024 text) Location: 02/05/2024 - Assembly H. & C.D.
Introduced: 01/23/2024
Current
Text:
04/01/2024 - Amended
Last
Amend:
04/01/2024
AB 2023 Quirk-Silva, D HTML PDF
Housing element: inventory of land: rebuttable presumptions.
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Status: 04/01/2024 - Re-referred to Com. on H. & C.D.
Summary: The Housing Element Law prescribes requirements for a city’s or county’s preparation of, and compliance with, its housing element, and requires the Department of Housing and Community Development to review and determine whether the housing element substantially complies with the Housing Element Law, as specified. Current law requires the housing element to include an inventory of land suitable and available for residential development. If that inventory of sites does not identify adequate sites to accommodate the need for groups of all household income levels, as provided, current law requires that the local government rezone sites within 3 years after the date the housing element is adopted or within one year if the local government fails to adopt a housing element that the department finds to be in substantial compliance with the Housing Element Law within 120 days of the statutory deadline to adopt the housing element. This bill, for the 7th and each subsequent revision of the housing element, would require a local government to complete the rezoning of sites within one year of the statutory deadline for the adoption of the housing element or the earlier of 3 years after the date the housing element is adopted or 90 days after receipt of comments from the department, as specified, if the local government satisfies certain requirements, including submitting a draft element or draft amendment to the department for review within specified timeframes and adopting a draft element or draft amendment that the department finds to be insubstantial compliance with the Housing Element Law, as specified. (Based on 03/21/2024 text) Location: 02/12/2024 - Assembly H. & C.D.
Introduced: 01/31/2024
Current
Text:
03/21/2024 - Amended
Last
Amend:
03/21/2024
AB 2085 Bauer-Kahan, D HTML PDF
Planning and zoning: ministerial approval: community clinic.
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Status: 03/04/2024 - Referred to Coms. on L. GOV. and NAT. RES.
Summary: Would authorize a development proponent to submit to a local agency an application for a licensed community clinic that is located in a zone where office, retail, health care, or parking are a principally permitted use. The bill would make the development subject to a streamlined, ministerial approval process where the development is not subject to a conditional use permit or any other nonlegislative discretionary approval, as described. The bill would provide that a development eligible for approval pursuant to this process is not a “project” for purposes of the California Environmental Quality Act (CEQA), thereby expanding the exemption for ministerial approval of projects under CEQA. By establishing the streamlined, ministerial approval process for these developments, the bill would impose a state-mandated local program. (Based on 02/05/2024 text)
Location: 03/04/2024 - Assembly L. GOV.
Introduced: 02/05/2024
Current
Text:
02/05/2024 - Introduced
AB 2430 Alvarez, D HTML PDF
Planning and zoning: density bonuses: monitoring fees.
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Status: 02/26/2024 - Referred to Coms. on H. & C.D. and L. GOV.
Summary: Current law, commonly referred to as the Density Bonus Law, requires a city, county, or city and county to provide a developer that proposes a housing development within the city or county with a density bonus, waivers or reductions of development standards, parking ratios, and other incentives or concessions, as specified, if the developer agrees to construct certain types of housing, including a housing development in which 100% of the units are for lower income households, except that up to 20% of the units in the development may be for moderate-income households, as specified. This bill would prohibit a city, county, or city and county from charging a monitoring fee, as defined, on those types of housing developments if certain conditions are met. The bill would provide that, beginning on January 1, 2025, any housing development that is currently placed in service, is subject to monitoring fees, and meets those conditions shall no longer be subject to those fees. (Based on 02/13/2024 text) Location: 02/26/2024 - Assembly H. & C.D.
Introduced: 02/13/2024
Current
Text:
02/13/2024 - Introduced
AB 2439 Quirk-Silva, D HTML PDF
Public works: prevailing wages: access to records.
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Status: 04/01/2024 - From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
Summary: Existing law defines “public works,” for the purposes of regulating public works contracts, as, among other things, construction, alteration, demolition, installation, or repair work done under contract and paid for, in whole or in part, out of public funds. Existing law requires each contractor and subcontractor on a public works project to keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the contractor or subcontractor in connection with the public work. Existing law requires any copy of records made available for inspection as copies and furnished upon request to the public or any public agency to be marked or obliterated to prevent disclosure of an individual’s name, address, and social security number but specifies that any copy of records made available to a Taft-Hartley trust fund for the purposes of allocating contributions to participants be marked or obliterated only to prevent disclosure of an individual’s full social security number, as specified. This bill would require an owner, a developer, or the agent of an owner or developer, that, among other things, receives public funds from a public agency to perform specified public works projects, to make available upon written request from a joint labor- management committee, a multiemployer Taft-Hartley trust fund, or a specified tax-exempt organization specified public works records in their possession, including requests for bids and submitted bid documents, inspection and work logs, and funding documentation. (Based on 04/01/2024 text)
Location: 02/26/2024 - Assembly JUD.
Introduced: 02/13/2024
Current
Text:
04/01/2024 - Amended
Last
Amend:
04/01/2024
AB 2583 Berman, D HTML PDF
School zones and walk zones.
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Status: 03/13/2024 - Re-referred to Com. on TRANS.
Summary: The Planning and Zoning Law requires the legislative body of a city or county to adopt a comprehensive general plan that includes various elements, including a circulation element to plan for transportation routes. This bill would require, upon any substantive revision of the circulation element on or after January 1, 2025, the legislative body of a city or county, to identify and establish school walk zones for all schools located within the scope of the general plan. The bill would define a “school walk zone” to mean all roadways and sidewalks within1/2 mile in all directions of the boundary line of a school grounds. (Based on 03/12/2024 text)
Location: 03/11/2024 - Assembly TRANS.
Introduced: 02/14/2024
Current
Text:
03/12/2024 - Amended
Last
Amend:
03/12/2024
AB 2694 Ward, D HTML PDF
Density Bonus Law: residential care facilities for the elderly.
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Status: 03/20/2024 - Re-referred to Com. on H. & C.D.
Summary: The Density Bonus Law requires a city or county to provide a developer that proposes a housing development, as defined, within the city or county with a density bonus and other incentives or concessions, as specified, if the developer agrees to construct, among other options, a senior citizen housing development, as defined. The Density Bonus Law defines a “development” for these purposes to include a shared housing development. This bill would expand the definition of a development for the above-described purposes to include a residential care facility for the elderly, as defined. By expanding a city or county’s duty to administer the Density Bonus Law, this bill would impose a state- mandated local program. (Based on 03/19/2024 text)
Location: 03/04/2024 - Assembly H. & C.D.
Introduced: 02/14/2024
Current
Text:
03/19/2024 - Amended
Last
Amend:
03/19/2024
AB 2712 Friedman, D HTML PDF
Preferential parking privileges: transit-oriented development.
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Status: 04/01/2024 - Re-referred to Com. on L. GOV.
Summary: This bill, for a residential, commercial, or other development project that is exempt from minimum automobile parking requirements and located within a preferential parking area, would require the development project to be excluded from the boundaries of the preferential parking area and would prohibit the local authority, as defined, from issuing any permit to the residents, vendors, or visitors of the development project that grants preferential parking privileges. The bill would
also authorize a local authority to issue permits to residents, vendors, and visitors of the development project that is within the boundaries of a preferential parking area if the local authority makes written findings that including the development project would not have a substantially negative impact on the preferential parking area, as specified.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. (Based on 03/21/2024 text) Location: 03/11/2024 - Assembly L. GOV.
Introduced: 02/14/2024
Current
Text:
03/21/2024 - Amended
Last
Amend:
03/21/2024
AB 2813 Aguiar-Curry, D HTML PDF
Government Investment Act.
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Status: 04/01/2024 - Referred to Com. on L. GOV.
Summary: The Legislature adopted ACA 1 at the 2023–24 Regular Session of the Legislature, which, if approved by the voters, would amend and add provisions of the California Constitution to (1) create an additional exception to the 1% limit on the ad valorem tax rate on real property by authorizing a local jurisdiction to levy an ad valorem tax to service bonded indebtedness incurred to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, or permanent supportive housing, if the proposition proposing that tax is approved by 55% of the voters in that local jurisdiction; and (2) authorize a local jurisdiction to impose, extend, or increase a sales and use tax to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, or permanent supportive housing, if the proposition proposing that tax is approved by 55% of the voters in that local jurisdiction. Pursuant to the existing law described above, ACA 1 is scheduled to appear on the ballot at the November 5, 2024, statewide general election. This bill would authorize a local government that imposes a tax under ACA 1 to commit revenues to affordable housing programs, including downpayment assistance, first-time home buyer programs, and owner-occupied affordable housing rehabilitation programs. The bill would require a local government to ensure that any project that is funded with ACA 1 bonded indebtedness or ACA 1 special taxes to have an estimated useful life of at least 15 years or 5 years if the funds are for specified public safety buildings, facilities, and equipment. (Based on 02/15/2024 text)
Location: 04/01/2024 - Assembly L. GOV.
Introduced: 02/15/2024
Current
Text:
02/15/2024 - Introduced
AB 3012 Grayson, D HTML PDF
Development fees: fee schedule template: fee estimate tool.
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Status: 03/12/2024 - Re-referred to Com. on L. GOV.
Summary: The Permit Streamlining Act, which is part of the Planning and Zoning Law, requires each public agency to provide a development project applicant with a list that specifies the information that will be required from any applicant for a development project. This bill would require a city or county that has an internet website to make a fee estimate tool that the public can use to calculate an estimate of fees and exactions, as specified, for a proposed housing development project available on its internet website. The bill authorizes the city or county to choose the format of the fee estimate tool. The bill would require a city or county with a population of greater than 500,000 to meet these requirements on or before July 1, 2031. The bill would require a city or county with a population of 500,000 or less to meet these requirements on or before July 1, 2032. By requiring a city or county to include a fee estimate tool on its internet website, the bill would impose a state-mandated local program. (Based on 03/11/2024 text) Location: 03/11/2024 - Assembly L. GOV.
Introduced: 02/16/2024
Current
Text:
03/11/2024 - Amended
Last
Amend:
03/11/2024
AB 3057 Wilson, D HTML PDF
California Environmental Quality Act: exemption: junior accessory dwelling units ordinances.
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Status: 03/11/2024 - Referred to Coms. on NAT. RES. and H. & C.D.
Summary: The California Environmental Quality Act (CEQA) requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA exempts from its requirements the adoption of an ordinance by a city or county to issue a zoning variance, special use permit, or conditional use permit for a dwelling unit to be constructed, or which is attached to or detached from, a primary residence on a parcel zoned for a single-family residence, as provided, or to provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. This bill would expand the above CEQA exemption to include the adoption of an ordinance by a city or county to provide for the creation of junior accessory dwelling units in single-family residential zones. (Based on 02/16/2024 text) Location: 03/11/2024 - Assembly NAT. RES.
Introduced: 02/16/2024
Current
Text:
02/16/2024 - Introduced
AB 3068 Haney, D HTML PDF
Adaptive reuse: streamlining: incentives.
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Status: 03/11/2024 - Referred to Coms. on H. & C.D. and L. GOV.
Summary: The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a housing element. That law allows a development proponent to submit an application for a development that is subject to a specified streamlined, ministerial approval process not subject to a conditional use permit, if the development satisfies certain objective planning standards, including that the development is a multifamily housing development that contains two or more residential units. This bill would deem an adaptive reuse project a use by right in all zones, regardless of the zoning of the site, and subject to a streamlined, ministerial review process if the project meets specified requirements. In this regard, an adaptive reuse project, in order to qualify for the streamlined, ministerial review process, would be required to be proposed for an existing building that is less than 50 years old or meets certain requirements regarding the preservation of historic resources, including the signing of an affidavit declaring that the project will comply with the United States Secretary of the Interior’s Standards for Rehabilitation or receive federal or state historic rehabilitation tax credits, as specified. The bill would require an adaptive reuse project to comply with any broadly applicable housing affordability requirement, as defined, adopted by the local government and would require at least one-half of the square footage of the adaptive reuse project to be dedicated to residential uses, unless the project is an office conversion project, as specified. (Based on 02/16/2024 text) Location: 03/11/2024 - Assembly H. & C.D.
Introduced: 02/16/2024
Current
Text:
02/16/2024 - Introduced
AB 3086 Santiago, D HTML PDF
General plan: annual report: housing units.
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Status: 03/11/2024 - Referred to Coms. on H. & C.D. and L. GOV.
Summary: The Planning and Zoning Law requires a city or county to adopt a general plan for land use development of the city or county that includes, among other elements, a housing element. That law requires the housing element to include, among other things, an identification and analysis of existing and projected housing needs. That law requires the city or county to provide by April 1 of each year an annual report to, among other entities, the Department of Housing and Community Development that includes, among other specified information, the number of units of housing demolished and new units of housing that have been issued a completed entitlement, a building permit, or a certificate of occupancy.
This bill would additionally require the city or county to include in the annual report the number of units in the city or county with long-term affordable covenants or restrictions that expired in the prior year and the number of units in the city
or county subject to a local rent control or any form of rent or price control that were withdrawn from rent or lease. (Based on 02/16/2024 text)
Location: 03/11/2024 - Assembly H. & C.D.
Introduced: 02/16/2024
Current
Text:
02/16/2024 - Introduced
AB 3116 Garcia, D HTML PDF
Housing development: density bonuses: student housing developments.
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Status: 03/11/2024 - Referred to Coms. on H. & C.D. and L. GOV.
Summary: Current law, commonly referred to as the Density Bonus Law, requires a city or county to provide a developer that proposes a housing development, as defined, within the city or county with a density bonus and other incentives or concessions, as specified, if the developer agrees to construct, among other options, 20% of the total units for lower income students in a student housing development that meets certain requirements. Current law requires that all units in the student housing development be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher learning, as specified. To be eligible under this provision, current law requires a developer, as a condition of receiving a certificate of occupancy, provide evidence to the city, county, or city and county that the developer has entered into an operating agreement or master lease with one or more institutions of higher education, as specified. Current law also requires the development to provide priority for the applicable affordable units for lower income students experiencing homelessness, as specified. Current law requires units described in these provisions to be subject to a recorded affordability restriction of 55 years. This bill would revise these provisions to instead require that a city or county provide a density bonus to a developer who agrees to provide 20% of bedspaces for lower income students, faculty members, or staff in a student housing development, as defined, that meets certain requirements. The bill would revise the above-described exclusive use requirement to instead require, except as provided, all units in the student housing development to be used exclusively for undergraduate, graduate, or professional students enrolled currently or in the past 2 years in at least 6 units at an institution of higher learning, as specified. The bill would additionally authorize eligibility under this provision if the developer, as a condition of receiving a certificate of occupancy, established a system for confirming its renters’ status as students, faculty, or staff to ensure all units of the student housing development are occupied with students, faculty, or staff from an institute of higher education, as specified. (Based on 02/16/2024 text)
Location: 03/11/2024 - Assembly H. & C.D.
Introduced: 02/16/2024
Current
Text:
02/16/2024 - Introduced
AB 3177 Carrillo, Wendy, D HTML PDF
Mitigation Fee Act: land dedications: mitigating vehicular traffic impacts.
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Status: 03/21/2024 - Referred to Coms. on H. & C.D. and L. GOV.
Summary: The Mitigation Fee Act imposes various requirements with respect to the establishment, increase, or imposition of a fee by a local agency as a condition of approval of a development project. Current law requires a local agency that imposes a fee on a housing development for the purpose of mitigating vehicular traffic impacts to set the rate for the fee to reflect a lower rate of automobile trip generation if the housing development satisfies specified characteristics, including that the housing development is located within a 1/2 mile of a transit station. Current law defines transit station for these purposes to mean a rail or light-rail station, ferry terminal, bus hub, or bus transfer station. This bill would instead require the housing development to be located within a 1/2 mile of a transit priority area for purposes of a local agency setting the rate for a mitigating vehicular traffic impacts fee to reflect a lower rate of automobile trip generation. The bill would define “transit priority area” as an area within 1/2 mile of a major transit stop that is existing or planned, if the planned stop is scheduled to be completed within the planning horizon included in a Transportation Improvement Program or applicable regional transportation plan. (Based on 02/16/2024 text) Location: 03/21/2024 - Assembly H. & C.D.
Introduced: 02/16/2024
Current
Text:
02/16/2024 - Introduced
SB 7 Blakespear, D HTML PDF
Planning and zoning: annual report: housing for extremely low income households.
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Status: 01/29/2024 - Read third time. Passed. (Ayes 32. Noes 0.) Ordered to the Assembly. In Assembly. Read first time. Held at Desk.
Summary: The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. That law requires the planning agency of a city or county to provide by April 1 of each year an annual report to, among other entities, the Department of Housing and Community Development. The law requires that the annual report include, among other specified information, the number of net new units of housing, including both rental housing and for-sale housing, that have been issued a completed entitlement, building permit, or certificate of occupancy, and the income category, by area median income, that each unit of housing satisfies, as specified. This bill would revise and recast these provisions to specify that the income category includes extremely low income households, as defined. (Based on 01/22/2024 text) Location: 01/29/2024 - Assembly DESK
Introduced: 12/05/2022
Current
Text:
01/22/2024 - Amended
Last
Amend:
01/22/2024
SB 450 Atkins, D HTML PDF
Housing development: approvals.
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Status: 09/14/2023 - Failed Deadline pursuant to Rule 61(a)(14). (Last location was INACTIVE FILE on 9/14/2023)(May be acted upon Jan 2024)
Summary: Current law requires a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided. Current law authorizes a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, except as specified, on the proposed housing development. Current law authorizes a local agency to deny a proposed housing development if specified conditions are met, including that the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, as provided. This bill would remove the requirement that a proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls to be considered ministerially.
The bill would prohibit a local agency from imposing objective zoning standards, objective subdivision standards, and objective design standards that do not apply uniformly to development within the underlying zone, but would specify that these provisions do not prohibit a local agency from adopting or imposing objective zoning standards, objective subdivision standards, and objective design standards on the development if the standards are more permissive than applicable standards within the underlying zone. The bill would remove the authorization for a local agency to deny a proposed housing development if the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon the physical environment. The bill would require the local agency to consider and approve or deny the proposed housing development application within 60 days from the date the local agency receives the completed application, and would deem the application approved after that time. (Based on 09/01/2023 text)
Location: 09/14/2023 - Assembly 2 YEAR
Introduced: 02/13/2023
Current
Text:
09/01/2023 - Amended
Last
Amend:
09/01/2023
SB 937 Wiener, D HTML PDF
Development projects: permits and other entitlements: fees and charges.
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Status: 04/01/2024 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on L.
GOV.
Summary: The Planning and Zoning Law requires each county and each city to adopt a comprehensive, long-term general plan for its physical development, and the development of specified land outside its boundaries, that includes, among other mandatory elements, a housing element. Existing law, the Permit Streamlining Act, among other things, requires a public agency that is the lead agency for a development project to approve or disapprove that project within specified time periods. Existing law extended by 18 months the period for the expiration, effectuation, or utilization of a housing entitlement, as defined, that was issued before, and was in effect on, March 4, 2020, and that would expire before December 31, 2021, except as specified. Existing law provides that if the state or a local agency extended the otherwise applicable time for the expiration, effectuation, or utilization of a housing entitlement for not less than 18 months, as specified, that housing entitlement would not be extended an additional 18 months pursuant to these provisions. This bill would extend by 24 months the period for the expiration, effectuation, or utilization of a housing entitlement, as defined, that was issued before January 1, 2024, and that will expire before December 31, 2025, except as specified. The bill would toll this 24-month extension during any time that the housing entitlement is the subject of a legal challenge. By adding to the duties of local officials with respect to housing entitlements, this bill would impose a state-mandated local program. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. This bill contains other related provisions and other existing laws. (Based on 04/01/2024 text)
Location: 02/21/2024 - Senate L. GOV.
Introduced: 01/17/2024
Current
Text:
04/01/2024 - Amended
Last
Amend:
04/01/2024
SB 1055 Min, D HTML PDF
Accessory dwelling units: regional housing need.
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Status: 03/13/2024 - March 19 set for first hearing canceled at the request of author.
Summary: Current law requires the planning agency of a city or county to provide an annual report to its legislative body, the Office of Planning and Research, and the Department of Housing and Community Development by April 1 of each year that includes, among other information, the city’s or county’s progress in meeting its share of regional housing needs, as described. Existing law, the Planning and Zoning Law, authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Current law authorizes a local agency to impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, and maximum size of a unit. Current law prohibits a local agency from establishing height limitations for accessory dwelling units, including height limitations that would prohibit attached accessory dwelling units from attaining a height of 25 feet, as specified. This bill would prohibit a qualifying local agency from imposing height limitations that would prohibit an attached accessory dwelling unit from attaining a height of 16 feet, as specified. The bill would define “qualifying local agency” as a local agency that the Department of Housing and Community Development has determined that the number of housing units that have been entitled by the local agency, as shown on its most recent annual progress report, is greater than the local agency’s share of the regional housing need, for the low- and very low income categories, prorated for that annual reporting period. (Based on 02/08/2024 text)
Location: 02/21/2024 - Senate HOUSING
Introduced: 02/08/2024
Current
Text:
02/08/2024 - Introduced
SB 1164 Newman, D HTML PDF
Property taxation: new construction exclusion: accessory dwelling units.
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Position
Bill information
Status: 03/19/2024 - Set for hearing April 10.
Summary: The California Constitution generally limits ad valorem taxes on real property to 1% of the full cash value of that property.
For purposes of this limitation, “full cash value” is defined as the assessor’s valuation of real property as shown on the 1975–76 tax bill under “full cash value” or, thereafter, the appraised value of that real property when purchased, newly constructed, or a change in ownership has occurred. This bill would exclude from classification as “newly constructed” and “new construction” the construction of an accessory dwelling unit, as defined, until 15 years have passed since construction on the accessory dwelling unit was completed or there is a subsequent change in ownership of the accessory dwelling unit. The bill would require the property owner to, prior to or within 30 days of completion of the project, notify the assessor that the property owner intends to claim the exclusion for an accessory dwelling unit and submit an affidavit stating that the owner shall make a good faith effort to ensure the unit will be used as residential housing for the duration the owner receives the exclusion. The bill would require the State Board of Equalization to prescribe the manner and form for claiming the exclusion and would require all additional documents necessary to support the exclusion to be filed by the property owner with the assessor not later than 6 months after the completion of the project. Because this bill would require an affidavit by a property owner and a higher level of service from county assessors, it would impose a state-mandated local program. (Based on 02/14/2024 text) Location: 02/21/2024 - Senate REV. & TAX
Introduced: 02/14/2024
Current
Text:
02/14/2024 - Introduced
SB 1361 Blakespear, D HTML PDF
California Environmental Quality Act: exemption: local agencies: contract for providing services for people experiencing homelessness.
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Position
Bill information
Status: 03/08/2024 - Set for hearing April 3.
Summary: The California Environmental Quality Act (CEQA) requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA exempts for its requirements, among other things, actions taken by the Department of Housing and Community Development, the California Housing Finance Agency, or a local agency not acting as the lead agency to provide financial assistance or insurance for the development and construction of residential housing for persons and families of low or moderate income, as provided. This bill would additionally exempt from CEQA’s requirements actions taken by a local agency to approve a contract for providing services for people experiencing homelessness. (Based on 02/16/2024 text)
Location: 02/29/2024 - Senate E.Q.
Introduced: 02/16/2024
Current
Text:
02/16/2024 - Introduced
Subject: Human Resources/Public Sector Employment LAP
AB 2283 Pacheco, D HTML PDF
Public Records: employee personnel records: notice.
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Position
Bill information
Status: 02/26/2024 - Referred to Com. on JUD.
Summary: Would require a public agency that receives a request for the personnel records of one of the public agency’s employees to provide written notice, as prescribed, to the employee within 48 hours of receipt of the request if specified conditions are met. By imposing new duties on local agencies, this bill would impose a state-mandated local program. (Based on 02/08/2024 text)
Location: 02/26/2024 - Assembly JUD.
Introduced: 02/08/2024
Current
Text:
02/08/2024 - Introduced
AB 2631 Fong, Mike, D HTML PDF
Local agencies: ethics training.
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Position
Bill information
Status: 03/20/2024 - From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (March 20). Re-referred to Com. on APPR.
Summary: Current law requires all local agency officials to receive training in ethics, at specified intervals, if the local agency provides certain monetary payments to a member of a legislative body, as provided. Current law requires all local agency officials who are members of specified public bodies to receive the above-described training, whether or not the member receives any type of compensation, salary, or stipend or reimbursement for actual and necessary expenses incurred in the performance of official duties. This bill would, contingent upon an appropriation for these purposes, require the Fair Political Practices Commission, in consultation with the Attorney General, to create, maintain, and make available to local agency officials an ethics training course, as specified. (Based on 02/14/2024 text) Location: 03/20/2024 - Assembly APPR.
Introduced: 02/14/2024
Current
Text:
02/14/2024 - Introduced
SB 769 Gonzalez, D HTML PDF
Local government: fiscal and financial training.
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Position
Bill information
Status: 09/01/2023 - Failed Deadline pursuant to Rule 61(a)(11). (Last location was APPR. SUSPENSE FILE on 7/12/2023)(May be acted upon Jan 2024)
Summary: Would require if a local agency provides any type of compensation, salary, or stipend to a member of a legislative body, or provides reimbursement for actual and necessary expenses incurred by a member of a legislative body in the performance of official duties, all local agency officials, as defined, to receive at least 2 hours of fiscal and financial training, as described. The bill would require the training to be received at least once every 2 years, as provided. The bill would exempt a local agency official from the training requirements if they comply with specified criteria under existing law relating to eligibility for appointment or election to, and continuing education for, the office of county auditor, county treasurer, county tax collector, or county treasurer-tax collector. (Based on 06/22/2023 text) Location: 09/01/2023 - Assembly 2 YEAR
Introduced: 02/17/2023
Current
Text:
06/22/2023 - Amended
Last
Amend:
06/22/2023
SB 1049 Padilla, D HTML PDF
Department of Industrial Relations: living wage: report and employer certification program.
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Position
Bill information
Status: 03/26/2024 - Set for hearing April 10.
Summary: Would require the Department of Industrial Relations, in conjunction with the Secretary of Labor and Workforce Development and the Director of Housing and Community Development, to develop a certification program for employers that pay a living wage, which the bill would define as the lowest wage that allows full-time and part-time wage earners to afford a decent standard of living, as specified. In order to determine a decent standard of living, the bill would require the department to examine housing costs by county, by region, and in the state and create a formula to ascertain the living wage for each county, each region, and the state. The bill, commencing in 2025, would also require the department to report to the Legislature by December 15 of each year the living wage in each county, each region, and the state and develop a method to annually adjust figures to account for housing cost inflation and inflation broadly. (Based on 02/07/2024 text)
Location: 02/14/2024 - Senate L., P.E. & R.
Introduced: 02/07/2024
Current
Text:
02/07/2024 - Introduced
Subject: Public Safety LAP
AB 1772 Ramos, D HTML PDF
Theft.
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Position
Bill information
Status: 02/05/2024 - Re-referred to Com. on PUB. S.
Summary: Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, defines and prohibits an act of shoplifting and prohibits prosecution for an act of shoplifting under any other law. This bill would revise the definition of shoplifting to require an intent to steal retail property or merchandise. (Based on 02/01/2024 text)
Location: 01/16/2024 - Assembly PUB. S.
Introduced: 01/03/2024
Current
Text:
02/01/2024 - Amended
Last
Amend:
02/01/2024
AB 1779 Irwin, D HTML PDF
Theft: jurisdiction.
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Position
Bill information
Status: 03/12/2024 - Re-referred to Com. on PUB. S.
Summary: Current law sets forth specific rules relating to the jurisdiction for the prosecution of theft by fraud, organized retail theft, and receiving stolen property, including that the jurisdiction for prosecution includes the county where an offense involving the theft or receipt of the stolen merchandise occurred, the county in which the merchandise was recovered, or the county where any act was done by the defendant in instigating, procuring, promoting, or aiding or abetting in the commission of a theft offense or other qualifying offense. Current law jurisdictionally limits prosecution of each of the above to criminal actions brought by the Attorney General. This bill would no longer limit the jurisdictional rules for the above crimes to criminal actions brought by the Attorney General. If a case is brought by someone other than the Attorney General, the bill would require the prosecution to present written evidence in the jurisdiction of the proposed trial that all district attorneys in counties with jurisdiction over the offenses agree to the venue. (Based on 03/11/2024 text) Location: 01/16/2024 - Assembly PUB. S.
Introduced: 01/03/2024
Current
Text:
03/11/2024 - Amended
Last
Amend:
03/11/2024
AB 1802 Jones-Sawyer, D HTML PDF
Crimes: organized theft.
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Position
Bill information
Status: 04/01/2024 - From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
Summary: Current law, until January 1, 2026, makes a person guilty of organized retail theft, punishable as a misdemeanor or a felony, as specified, if the person acts in concert with one or more persons to steal merchandise from one or more merchant’s premises or online marketplaces with the intent to sell or return the merchandise for value, acts in concert with 2 or more persons to receive, purchase, or possess merchandise knowing or believing it to have been stolen, acts as an agent of another to steal merchandise from one or more merchant’s premises or online marketplaces as part of an organized plan to commit theft, or recruits, coordinates, organizes, supervises, directs, manages, or finances another to undertake acts of theft. This bill would extend the operation of the crime of organized retail theft indefinitely. (Based on 04/01/2024 text)
Location: 01/22/2024 - Assembly PUB. S.
Introduced: 01/08/2024
Current
Text:
04/01/2024 - Amended
Last
Amend:
04/01/2024
AB 1845 Alanis, R HTML PDF
Crimes: Grant program for identifying, apprehending, and prosecuting resale of stolen property.
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Position
Bill information
Status: 02/22/2024 - Re-referred to Com. on PUB. S.
Summary: Current law establishes the Board of State and Community Corrections to provide statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California’s adult and juvenile criminal justice system, as specified. Under current law, the board administers several grant programs, including a mentally ill offender crime reduction grant program, a medication-assisted treatment grant program, and a violence intervention and prevention grant program. This bill would, until January 1, 2030, create the Identifying, Apprehending, and Prosecuting Resale of Stolen Property Grant Program to be administered by the board. The bill would require the board to award grants, on a competitive basis, to county district attorneys’ offices and law enforcement agencies, acting jointly to investigate and prosecute receiving stolen goods crimes and criminal profiteering. The bill would require the board to prepare and submit a report to the Legislature, as specified, regarding the impact of the grant program. The bill’s provisions would be operative only to the extent that funding is provided, by express reference, in the annual Budget Act or another statute. (Based on 02/21/2024 text)
Location: 01/29/2024 - Assembly PUB. S.
Introduced: 01/17/2024
Current
Text:
02/21/2024 - Amended
Last
Amend:
02/21/2024
AB 1990 Carrillo, Wendy, D HTML PDF
Criminal procedure: arrests: shoplifting.
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Position
Bill information
Status: 03/19/2024 - Re-referred to Com. on PUB. S.
Summary: Current law authorizes a peace officer to make a warrantless arrest for a misdemeanor when the officer has probable cause to believe the person to be arrested has committed the misdemeanor in the officer’s presence. Current law also authorizes a private person to make an arrest for a misdemeanor committed in their presence, and requires the person to
deliver the arrested person to a peace officer or magistrate. Current law additionally authorizes a merchant to detain a person for a reasonable time and in a reasonable manner to determine if a person has unlawfully taken merchandise.
Current law authorizes a peace officer to make a warrantless arrest for specified misdemeanors relating to domestic violence, violation of a restraining order, and carrying a concealed firearm at an airport that did not occur in the officer’s presence. This bill would authorize a peace officer to make a warrantless arrest for a misdemeanor shoplifting offense not committed in the officer’s presence if the officer has probable cause to believe that person has committed shoplifting. (Based on 03/18/2024 text)
Location: 02/12/2024 - Assembly PUB. S.
Introduced: 01/30/2024
Current
Text:
03/18/2024 - Amended
Last
Amend:
03/18/2024
AB 2309 Muratsuchi, D HTML PDF
City attorney: state law: misdemeanor.
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Position
Bill information
Status: 02/26/2024 - Referred to Com. on PUB. S.
Summary: Current law authorizes the city attorney of any general law city or chartered city to, with the consent of the district attorney of that county, prosecute any misdemeanor committed within the city arising out of violation of state law, as specified. This bill would remove the above-described consent requirement and, instead, authorize the city attorney of any general law city or chartered city to prosecute any misdemeanor committed within the city arising out of violation of state law. (Based on 02/12/2024 text)
Location: 02/26/2024 - Assembly PUB. S.
Introduced: 02/12/2024
Current
Text:
02/12/2024 - Introduced
AB 2814 Low, D HTML PDF
Crimes: unlawful entry: intent to commit package theft.
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Position
Bill information
Status: 03/04/2024 - Referred to Com. on PUB. S.
Summary: Would prohibit a person from entering the curtilage of a home, as defined, with the intent to commit theft of a package shipped through the mail or delivered by a public or private carrier. The bill would make a violation of that prohibition punishable as either a misdemeanor or a felony, as specified. By creating a new crime, the bill would impose a state- mandated local program. (Based on 02/15/2024 text)
Location: 03/04/2024 - Assembly PUB. S.
Introduced: 02/15/2024
Current
Text:
02/15/2024 - Introduced
AB 2943 Zbur, D HTML PDF
Crimes: shoplifting.
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Tracking form
Position
Bill information
Status: 03/11/2024 - Referred to Com. on PUB. S.
Summary: Existing law divides theft into grand theft and petty theft. Existing law punishes petty theft as a misdemeanor while grand theft is punished as either a misdemeanor or a felony. Existing law lists specific types of theft which are grand theft and all other cases of theft as petty theft. Existing law authorizes a person to be charged with grand theft if the property taken exceeds $950 over the course of distinct but related acts. This bill would clarify that those related acts include acts committed against multiple victims or in counties other than the county of the current offense. This bill contains other related provisions and other existing laws. (Based on 02/15/2024 text) Location: 03/11/2024 - Assembly PUB. S.
Introduced: 02/15/2024
Current
Text:
02/15/2024 - Introduced
AB 3085 Gipson, D HTML PDF
Vehicles: street takeovers, sideshows, and racing.
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Position
Bill information
Status: 03/11/2024 - Referred to Coms. on TRANS. and PUB. S.
Summary: Current law makes it a crime for a person to engage in a motor vehicle speed contest on a highway or an exhibition of speed on a highway, or to aid or abet therein. Current law makes it a crime to drive a vehicle upon a highway in willful or wanton disregard for the safety of persons or property. Current law imposes 2 violation points against a driver’s record for purposes of the suspension or revocation of the privilege to drive if a driver is convicted of reckless driving or engaging in
a motor vehicle speed contest or exhibition of speed. Commencing July 1, 2025, a court may suspend a person’s driver’s license for 90 days to 6 months for an exhibition of speed, or aiding and abetting an exhibition of speed, if the violation occurred as part of a sideshow. This bill would increase the penalties for these offenses when the violations occur as part of a vehicle sideshow, as defined. The bill would make a violation of these offenses punishable as a misdemeanor or felony. The bill would, upon conviction, require the court to order the defendant to attend and complete a victim impact program, as specified. The bill would authorize the court to have the vehicle impounded for up to 30 days, unless there is an undue hardship or other good cause, as specified. (Based on 02/16/2024 text) Location: 03/11/2024 - Assembly TRANS.
Introduced: 02/16/2024
Current
Text:
02/16/2024 - Introduced
SB 21 Umberg, D HTML PDF
Controlled substances.
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Position
Bill information
Status: 01/17/2024 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
Summary: Current law makes it a crime to possess for sale or purchase for purpose of sale, transport, or sell, various controlled substances, including, among others, fentanyl. This bill would require a person who is convicted of, or who pleads guilty or no contest to, the above-described crimes as they relate to fentanyl to receive a written advisory of the danger of distribution of controlled substances and that, if a person dies as a result of that action, the distributor can be charged with homicide or murder. The bill would require that the fact the advisory was given be on the record and recorded on the abstract of the conviction. This bill would authorize a defendant who is charged with the above-described crimes to undergo a treatment program in lieu of a grant of probation or a jail or prison sentence if certain conditions are met. (Based on 01/17/2024 text)
Location: 06/13/2023 - Assembly APPR.
Introduced: 12/05/2022
Current
Text:
01/17/2024 - Amended
Last
Amend:
01/17/2024
SB 719 Becker, D HTML PDF
Law enforcement agencies: radio communications.
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Position
Bill information
Status: 01/30/2024 - Failed Deadline pursuant to Rule 61(b)(3). (Last location was THIRD READING on 1/23/2024) Summary: Current law authorizes the Attorney General to adopt policies, procedures, and practices related to the use of the California Law Enforcement Telecommunications System (CLETS). These rules require a participating agency to restrict access to CLETS and define “access” as the ability to see or hear any information obtained from CLETS. This bill would require a law enforcement agency, including the Department of the California Highway Patrol, municipal police departments, county sheriff’s departments, and specified local law enforcement agencies, to, by no later than January 1, 2025, ensure public access, in real time, to the radio communications of that agency, as specified. The bill would exempt university and college police departments from the public access requirement. By imposing new duties on local law enforcement, this bill would create a state-mandated local program. (Based on 01/23/2024 text) Location: 01/31/2024 - Senate DEAD
Introduced: 02/16/2023
Current
Text:
01/23/2024 - Amended
Last
Amend:
01/23/2024
SB 905 Wiener, D HTML PDF
Crimes: theft from a vehicle.
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Position
Bill information
Status: 03/18/2024 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB S.
Summary: Would make forcibly entering a vehicle, as defined, with the intent to commit a theft therein a crime punishable by imprisonment in a county jail for a period not to exceed one year or imprisonment in a county jail for 16 months, or 2 or 3 years. By creating a new crime, this bill would impose a state-mandated local program. (Based on 03/18/2024 text) Location: 02/14/2024 - Senate PUB. S.
Introduced: 01/04/2024
Current
Text:
03/18/2024 - Amended
Last
Amend:
03/18/2024
SB 908 Cortese, D HTML PDF
Fentanyl: child deaths.
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Position
Bill information
Status: 03/20/2024 - Referred to Com. on RLS. From committee with author's amendments. Read second time and amended.
Re-referred to Com. on RLS.
Summary: Current law establishes the State Department of Public Health to implement and administer various programs relating to public health. The department administers the California Overdose Surveillance Dashboard that provides data on state- and local-level drug-related overdose outcomes for California, including, among other data, the number of deaths related to fentanyl overdoses. Current law requires the department to update the dashboard to reflect additional information, as specified. This bill would require the department to utilize its data to monitor and identify current trends of fentanyl-related deaths of children 0 to 5 years of age, inclusive. The bill would require the department to develop guidance and spread awareness of the trends to protect and prevent children from fentanyl exposure. (Based on 03/20/2024 text) Location: 01/08/2024 - Senate RLS.
Introduced: 01/08/2024
Current
Text:
03/20/2024 - Amended
Last
Amend:
03/20/2024
SB 910 Umberg, D HTML PDF
Treatment court program standards.
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Position
Bill information
Status: 03/20/2024 - Set for hearing April 10.
Summary: Current law states the intent of the Legislature that drug court programs be designed and operated in accordance with specified standards developed by the National Association of Drug Court Professionals and Drug Court Standards Committee. Current law further states the intent of the Legislature that key programs of the drug court programs include, among other things, integration by drug courts of alcohol and other drug treatment services. This bill would instead require that treatment court programs be designed and operated in accordance with the “Adult Treatment Court Best Practice Standards” developed by All Rise. The bill would revise the key components to be included in treatment court programs, including requiring a system of incentives, sanctions, and service adjustments to achieve participant success. (Based on 02/26/2024 text)
Location: 03/06/2024 - Senate HEALTH
Introduced: 01/08/2024
Current
Text:
02/26/2024 - Amended
Last
Amend:
02/26/2024
SB 923 Archuleta, D HTML PDF
Theft.
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Tracking form
Position
Bill information
Status: 03/26/2024 - Set for hearing April 16.
Summary: The Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, defines and prohibits an act of shoplifting and prohibits prosecution for an act of shoplifting under any other law. Existing law defines shoplifting as entering a commercial establishment with intent to commit larceny while the establishment is open during regular business hours.This bill would revise the definition of shoplifting to require an intent to steal retail property or merchandise. This bill contains other related provisions and other existing laws. (Based on 03/18/2024 text)
Location: 02/14/2024 - Senate PUB. S.
Introduced: 01/11/2024
Current
Text:
03/18/2024 - Amended
Last
Amend:
03/18/2024
SB 982 Wahab, D HTML PDF
Crimes: organized theft.
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Position
Bill information
Status: 03/12/2024 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (March 12). Re-referred to Com. on APPR.
Summary: Current law, until January 1, 2026, makes a person guilty of organized retail theft, punishable as a misdemeanor or a felony, as specified, if the person acts in concert with one or more persons to steal merchandise from one or more merchant’s premises or online marketplaces with the intent to sell or return the merchandise for value, acts in concert with 2 or more persons to receive, purchase, or possess merchandise knowing or believing it to have been stolen, acts as an agent of another to steal merchandise from one or more merchant’s premises or online marketplaces as part of an organized plan to commit theft, or recruits, coordinates, organizes, supervises, directs, manages, or finances another to undertake acts of theft. This bill would extend the operation of the crime of organized retail theft indefinitely. (Based on 03/05/2024 text)
Location: 03/12/2024 - Senate APPR.
Introduced: 01/29/2024
Current
Text:
03/05/2024 - Amended
Last
Amend:
03/05/2024
SB 1011 Jones, R HTML PDF
Encampments: penalties.
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Position
Bill information
Status: 02/23/2024 - Set for hearing April 16.
Summary: Under current law, a nuisance is anything that is injurious to health or indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. Current law also provides that a nuisance is anything that obstructs the free passage or use of any public park, square, street, or highway, among other things. Under current law, a public nuisance is a nuisance that affects the entire community, neighborhood, or a considerable number of persons. Current law provides various remedies against a public nuisance, including abatement by any public body or officer authorized by law. This bill would prohibit a person from sitting, lying, sleeping, or storing, using, maintaining, or placing personal property upon a street or sidewalk if a homeless shelter, as defined, is available to the person. The bill would also prohibit sitting, lying, sleeping, or storing, using, maintaining, or placing personal property within 500 feet of a public or private school, open space, or major transit stop, as specified.
The bill would specify that a violation of this prohibition is a public nuisance that can be abated and prevented, as specified. The bill would also provide that a violation of the prohibition may be charged as a misdemeanor or an infraction, at the discretion of the prosecutor. The bill would prohibit a person from being found in violation of the bill’s provisions unless provided notice, at least 72 hours before commencement of any enforcement action, as specified. (Based on 02/05/2024 text)
Location: 02/14/2024 - Senate PUB. S.
Introduced: 02/05/2024
Current
Text:
02/05/2024 - Introduced
SB 1144 Skinner, D HTML PDF
Marketplaces: online marketplaces.
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Position
Bill information
Status: 03/26/2024 - Set for hearing April 2.
Summary: Current law generally requires an online marketplace to require a high-volume third-party seller on the online marketplace to make certain disclosures. Current law requires an online marketplace to suspend future sales activity of a high-volume third-party seller that is not in compliance with those information sharing requirements, as specified. Current law imposes certain information retention and security requirements on an online marketplace and prohibits specified uses of that information. Current law generally defines a “high-volume third-party seller,” for purposes of the above-
described provisions, as a third-party seller who has entered into a certain number of consumer product sales transactions through an online marketplace for which payment is processed by the online marketplace, as specified.
Current law defines an “online marketplace,” for purposes of those provisions, as a consumer-directed, electronically accessed platform that includes features that allow for, facilitate, or enable, and are used by, a third-party seller to engage in the sale, purchase, payment, storage, shipment, or delivery of a consumer product and that has a contractual relationship with consumers governing their use of the platform to purchase consumer products. This bill would revise the types of transactions that qualify a third-party seller as a “high-volume third-party seller,” for those purposes. (Based on 03/19/2024 text)
Location: 02/21/2024 - Senate JUD.
Introduced: 02/14/2024
Current
Text:
03/19/2024 - Amended
Last
Amend:
03/19/2024
SB 1242 Min, D HTML PDF
Crimes: fires.
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Position
Bill information
Status: 03/26/2024 - Set for hearing April 2.
Summary: Current law prohibits unlawfully causing a fire by recklessly setting fire to, burning, or causing to be burned, any structure, forest land, or property. A violation of this prohibition is punishable as either a misdemeanor or a felony. This bill would, for the purposes of sentencing for a violation of these provisions, make it a factor in aggravation that the offense was carried out within a merchant’s premises in order to facilitate organized retail theft. (Based on 03/19/2024 text)
Location: 02/29/2024 - Senate PUB. S.
Introduced: 02/15/2024
Current
Text:
03/19/2024 - Amended
Last
Amend:
03/19/2024
SB 1385 Roth, D HTML PDF
Medi-Cal: Supervising providers.
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Position
Bill information
Status: 03/21/2024 - Withdrawn from committee. Re-referred to Com. on RLS.
Summary: On July 26, 2022, the federal Centers for Medicare and Medicaid Services approved the department’s Medicaid State Plan Amendment to add community health workers as a preventive service. Under current law, the State Department of Health Care Services is required, through existing and regular stakeholder processes, to inform stakeholders about, and accept input from stakeholders on, implementation of the community health worker services benefit. This bill would require Medi-Cal managed care plans to adopt policies and procedures to effectuate a billing pathway for supervising providers, as defined, to claim for the provision of community health worker services to enrollees during an emergency department visit and as an outpatient followup to an emergency department visit that are consistent with guidance developed by the department pursuant to the stakeholder process described above. The bill would require the department to develop similar guidance to be used by supervising providers to claim for community health worker services to fee-for-service beneficiaries in the settings described above. The bill would define a “supervising provider” for purposes of these provisions as an enrolled Medi-Cal provider that submits claims for services provided by a community health worker, ensures that a community health worker meets the qualifications as required by the department, and directly or indirectly oversees community health workers and the services they deliver to Medi-Cal beneficiaries. (Based on 03/20/2024 text)
Location: 03/21/2024 - Senate RLS.
Introduced: 02/16/2024
Current
Text:
03/20/2024 - Amended
Last
Amend:
03/20/2024
SB 1416 Newman, D HTML PDF
Sentencing enhancements: sale, exchange, or return of stolen property.
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Position
Bill information
Status: 03/20/2024 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
Summary: Would create sentencing enhancements for selling, exchanging, or returning for value, or attempting to sell, exchange, or return for value, any property acquired through one or more acts of shoplifting, theft, or burglary from a retail business, if the property value exceeds specified amounts. The bill would additionally make these enhancements apply to any person acting in concert with another person to violate these provisions. By adding new sentencing enhancements, this bill would impose a state-mandated local program. (Based on 03/20/2024 text) Location: 02/16/2024 - Senate RLS.
Introduced: 02/16/2024
Current
Text:
03/20/2024 - Amended
Last
Amend:
03/20/2024
SB 1468 Ochoa Bogh, R HTML PDF
Healing arts boards: informational and educational materials for prescribers of narcotics: federal “Three Day Rule.” Progress bar
Tracking form
Position
Bill information
Status: 03/20/2024 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
Summary: Current law regulates healing arts practitioners by various boards under the Department of Consumer Affairs. Current federal regulations, known as the “Three Day Rule,” authorize a practitioner who is not specifically registered to conduct a narcotic treatment program to dispense not more than a 3-day supply of narcotic drugs, in accordance with applicable federal, state, and local laws, to one person or for one person’s use at one time for the purpose of initiating maintenance treatment or detoxification treatment while arrangements are being made for referral for treatment, as specified. This bill would require each board that licenses a prescriber, as defined, to develop and biannually disseminate to each licensee informational and educational material regarding the “Three Day Rule,” and would require the Medical Board of California to also biannually disseminate the material it develops to each acute care hospital in the state. (Based on 03/20/2024 text)
Location: 02/16/2024 - Senate RLS.
Introduced: 02/16/2024
Current
Text:
03/20/2024 - Amended
Last
Amend:
03/20/2024
SB 1502 Ashby, D HTML PDF
Controlled substances: xylazine.
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Position
Bill information
Status: 03/20/2024 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
Summary: The California Uniform Controlled Substances Act categorizes controlled substances into 5 schedules and places the greatest restrictions on those substances contained in Schedule I. Under existing law, the substances in Schedule I are deemed to have a high potential for abuse and no accepted medical use while substances in Schedules II through V are substances that have an accepted medical use, but have the potential for abuse. Current law restricts the prescription, furnishing, possession, sale, and use of controlled substances, and makes a violation of those laws a crime, except as specified. This bill would add xylazine to the list of Schedule III substances, as specified. If an animal drug containing xylazine that has been approved under the federal Food, Drug and Cosmetic Act is not available for sale in California, the bill would create an exception for a substance that is intended to be used to compound an animal drug or an animal drug compound containing xylazine, as specified. (Based on 03/20/2024 text) Location: 02/16/2024 - Senate RLS.
Introduced: 02/16/2024
Current
Text:
03/20/2024 - Amended
Last
Amend:
03/20/2024
Subject: Regional Issues and Collaboration LAP
AB 52 Grayson, D HTML PDF
Income tax credit: sales and use taxes paid: manufacturing equipment: research and development equipment.
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Position
Bill information
Status: 09/01/2023 - In committee: Held under submission.
Summary: The Bradley-Burns Uniform Local Sales and Use Tax Law, authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and current laws authorize districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Exemptions from state sales and use taxes are automatically incorporated into the local tax laws. This bill would allow, for a taxable year beginning on or after January 1, 2024, and before January 1, 2029, a credit against those taxes to a taxpayer in an amount equal to the amount of tax reimbursement paid during the taxable year for sales tax on gross receipts that would be exempt from taxation under the Sales and Use Tax Law pursuant to the sales and use tax exemption described above but for the provision that prohibits that exemption from applying with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, the Bradley-Burns Uniform Local Sales and Use Tax Law or the Transactions and Use Tax Law, sales and use taxes imposed pursuant to certain provisions of the Sales and Use Tax Law, and sales and use taxes imposed pursuant to certain provisions of the California Constitution. (Based on 06/15/2023 text)
Location: 06/26/2023 - Senate APPR. SUSPENSE FILE
Introduced: 12/05/2022
Current
Text:
06/15/2023 - Amended
Last
Amend:
06/15/2023
AB 2338 Jones-Sawyer, D HTML PDF
Statewide Homelessness Coordinator.
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Position
Bill information
Status: 03/13/2024 - In committee: Set, first hearing. Hearing canceled at the request of author.
Summary: Current law requires the Interagency Council on Homelessness to, among other things, identify mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California and promote systems integration to increase efficiency and effectiveness to address the needs of people experiencing homelessness. This bill would require the Governor to appoint a Statewide Homelessness Coordinator, within the Governor’s office, to serve as the lead person for ending homelessness in California. This bill would require the coordinator to perform prescribed duties, including, among others, identifying a local leader in each relevant city, county, city and county, or other jurisdiction to serve as a liaison between the coordinator and that jurisdiction, overseeing homelessness programs, services, data, and policies between federal, state, and local agencies, coordinating the timing of release of funds and applications for funding for housing and housing-based services impacting Californians experiencing homelessness, and, in collaboration with local leaders, providing annual recommendations to the Legislature and the Governor, as specified. (Based on 03/04/2024 text)
Location: 03/04/2024 - Assembly H. & C.D.
Introduced: 02/12/2024
Current
Text:
03/04/2024 - Amended
Last
Amend:
03/04/2024
AB 2682 Kalra, D HTML PDF
Santa Clara Valley Open-Space Authority.
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Position
Bill information
Status: 03/04/2024 - Referred to Com. on L. GOV.
Summary: Current law authorizes the Santa Clara Valley Open-Space Authority, among other things, to acquire, hold, use, enjoy, and lease or dispose of real and personal property, within or without the authority’s jurisdiction, necessary to the full exercise of its powers. Current law requires the authority to acquire remote ranchlands east of the westernmost ridgeline of the Diablo Range as permanent open space only through conservation easement purchases or the granting of lands or conservation easements by owners to the authority. This bill would instead require the authority to acquire remote ranchlands east of the westernmost ridgeline of the Diablo Range as permanent open space only from willing sellers through conservation easement or fee title purchases or the granting of lands or conservation easements by owners to the authority. (Based on 02/14/2024 text)
Location: 03/04/2024 - Assembly L. GOV.
Introduced: 02/14/2024
Current
Text:
02/14/2024 - Introduced
Subject: Sustainability and Environmental Protection LAP
AB 573 Garcia, D HTML PDF
Organic waste: meeting recovered organic waste product procurement targets.
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Position
Bill information
Status: 09/01/2023 - Failed Deadline pursuant to Rule 61(a)(11). (Last location was APPR. SUSPENSE FILE on 8/14/2023)(May be acted upon Jan 2024)
Summary: Current law requires the State Air Resources Board to approve and begin implementing a comprehensive short-lived climate pollutant strategy to achieve a certain reduction in statewide emissions of methane, including a goal of a 75% reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025. Current law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations to achieve these organic waste reduction goals, that provide for, among other things, the calculation by the department of recovered organic waste product procurement targets for each local jurisdiction, and that may include penalties to be imposed by the department for noncompliance. This bill would require the department, for purposes of those regulations, to allow a local jurisdiction, until December 1, 2031, in procuring recovered organic waste products to meet the target procurement requirements, to use California-derived recovered organic waste that the local jurisdiction sends for processing at a facility or operation outside of the state that meets certain conditions, as provided. (Based on 07/13/2023 text) Location: 09/01/2023 - Senate 2 YEAR
Introduced: 02/08/2023
Current
Text:
07/13/2023 - Amended
Last
Amend:
07/13/2023
AB 1567 Garcia, D HTML PDF
Safe Drinking Water, Wildfire Prevention, Drought Preparation, Flood Protection, Extreme Heat Mitigation, Clean Energy, and Workforce Development Bond Act of 2024.
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Position
Bill information
Status: 06/14/2023 - Referred to Coms. on N.R. & W. and GOV. & F.
Summary: Would enact the Safe Drinking Water, Wildfire Prevention, Drought Preparation, Flood Protection, Extreme Heat Mitigation, Clean Energy, and Workforce Development Bond Act of 2024, which, if approved by the voters, would authorize the issuance of bonds in the amount of $15,995,000,000 pursuant to the State General Obligation Bond Law to finance projects for safe drinking water, wildfire prevention, drought preparation, flood protection, extreme heat mitigation, clean energy, and workforce development programs. (Based on 05/26/2023 text) Location: 06/14/2023 - Senate N.R. & W.
Introduced: 02/17/2023
Current
Text:
05/26/2023 - Amended
Last
Amend:
05/26/2023
AB 2285 Rendon, D HTML PDF
Natural resources: equitable outdoor access: 30x30 goal: urban nature-based projects.
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Position
Bill information
Status: 04/01/2024 - Re-referred to Com. on W., P., & W.
Summary: Current law declares that it is state policy, among other things, to ensure that all Californians have equitable opportunities to safe and affordable access to nature and access to the benefits of nature, and to prevent and minimize the intentional and unwarranted limitation of sustainable public access to public lands, where appropriate, including, but not limited to, local, regional, state, and federal parks, rivers, lakes, beaches, forests, mountain ranges, deserts, and other natural landscapes. Current law requires specified state agencies to consider and incorporate, as appropriate, the state policy when revising, adopting, or establishing policies, regulations, or grant criteria, or making expenditures, as specified.
Current law requires all state agencies implementing the above-described state policy to do so in a manner consistent with the mission of their agency and that protects the health and safety of the public and conserves natural and cultural resources. This bill would provide that, to advance and promote environmental and conservation policies and budget actions, the Governor’s office, state agencies, and the Legislature, when distributing resources, shall aspire to recognize the coequal goals and benefits of the 30x30 goal and Outdoors for All, and would require consideration to include, among other things, higher land value acquisition and development costs per acre, the acute health needs of a local population due to historic lack of greenspace access and development externalities, local park needs assessment plans, and the availability of mobility options near a proposed land conservation site. The bill would encourage regulatory agencies, including the Department of Toxic Substances Control, to work with local communities to restore degraded lands that could contribute to a more equitable strategy for meeting the state’s goals. The bill would require state funding agencies, including certain state conservancies and the Wildlife Conservation Board, when programming and awarding funds to revise, modify, or amend guidelines as necessary to meet the state’s goals, to allow for urban nature-based projects on degraded lands to be eligible and competitive for state funds. (Based on 03/21/2024 text) Location: 03/19/2024 - Assembly W.,P. & W.
Introduced: 02/08/2024
Current
Text:
03/21/2024 - Amended
Last
Amend:
03/21/2024
AB 2346 Lee, D HTML PDF
Organic waste reduction regulations: procurement of recovered organic waste products.
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Position
Bill information
Status: 02/26/2024 - Referred to Com. on NAT. RES.
Summary: Current law requires the State Air Resources Board to complete, approve, and implement a comprehensive strategy to reduce emissions of short-lived climate pollutants in the state to reduce the statewide methane emissions by 40% below 2013 levels by 2030. Current law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations that achieve specified targets for reducing organic waste in landfills, as provided. The department’s organic waste regulations require local jurisdictions to annually procure a quantity of recovered organic waste products and to comply with their procurement targets by directly procuring recovered organic waste products for use or giveaway or by requiring, through a written agreement, that a direct service provider to the jurisdiction procure recovered organic waste products, or both. Those regulations specify the types of recovered organic waste products that a jurisdiction may procure, including compost that is produced at a compostable material handling operation or facility, or a specified digestion facility that composts onsite. Other regulations of the department require all compostable materials handling activities to obtain a facility permit from the department prior to commencing operations and meet other specified requirements, but exclude from those requirements certain activities that the regulations state do not constitute a compostable material handling operation or facility, including the composting of green material, agricultural material, food material, and vegetative food material, and the handling of compostable materials under certain conditions, as provided. This bill would authorize local jurisdictions to be credited for the procurement of recovered organic waste products through an agreement with a direct service provider, as defined, and would allow the direct service provider agreement to include the procurement of recovered organic waste products on a prospective or retrospective basis as long as the purchase of those products occurs during the year for which the local jurisdiction seeks credit. (Based on 02/12/2024 text)
Location: 02/26/2024 - Assembly NAT. RES.
Introduced: 02/12/2024
Current
Text:
02/12/2024 - Introduced
AB 2427 McCarty, D HTML PDF
Electric vehicle charging stations: permitting: curbside charging.
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Position
Bill information
Status: 03/04/2024 - Referred to Coms. on L. GOV. and TRANS.
Summary: Current law continues into existence the zero-emission vehicle (ZEV) division within GO-Biz as the Zero-Emission Vehicle Market Development Office. Current law references GO-Biz’s Electric Vehicle Charging Station Permitting Guidebook, which recommends best practices for electric vehicle supply equipment permitting. This bill would require the office to develop a model permitting checklist, model zoning ordinances, and best practices for permit costs and permit review timelines to help local governments permit curbside charging stations as part of the office’s development of the Electric Vehicle Charging Station Permitting Guidebook or any subsequent updates. The bill would also require the office to consult with local governments, electric vehicle service providers, and utilities while developing the above-described materials. (Based on 02/13/2024 text)
Location: 03/04/2024 - Assembly L. GOV.
Introduced: 02/13/2024
Current
Text:
02/13/2024 - Introduced
AB 2626 Dixon, R HTML PDF
Advanced Clean Fleets regulations: local governments.
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Position
Bill information
Status: 03/04/2024 - Referred to Coms. on TRANS. and NAT. RES.
Summary: Current law requires the State Air Resources Board to adopt and implement motor vehicle emission standards, in-use performance standards, and motor vehicle fuel specifications for the control of air contaminants and sources of air pollution that the state board has found necessary, cost effective, and technologically feasible. Pursuant to its authority, the state board has adopted the Advanced Clean Fleets Regulation, which imposes various requirements for transitioning local, state, and federal government fleets of medium- and heavy-duty trucks, other high-priority fleets of medium- and heavy-duty trucks, and drayage trucks to zero-emission vehicles. The Advanced Clean Fleets Regulation authorizes entities subject to the regulation to apply for exemptions from its requirements under certain circumstances.
This bill would extend the compliance dates for local government set forth in the Advanced Clean Fleets Regulation by 10 years. The bill would prohibit the state board from taking enforcement action against a local government for violating the Advanced Clean Fleets Regulation if the alleged violation occurs before January 1, 2025. (Based on 02/14/2024 text) Location: 03/04/2024 - Assembly TRANS.
Introduced: 02/14/2024
Current
Text:
02/14/2024 - Introduced
ACA 16 Bryan, D HTML PDF
Environmental rights.
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Position
Bill information
Status: 03/11/2024 - Referred to Com. on NAT. RES.
Summary: The California Constitution declares various inalienable rights of the people, including the right to enjoy and defend life and liberty, acquire, possess, and protect property, and pursue and obtain safety, happiness, and privacy. This measure would amend the California Constitution to declare that the people have a right to clean air and water and a healthy environment. (Based on 01/25/2024 text)
Location: 03/11/2024 - Assembly NAT. RES.
Introduced: 01/25/2024
Current
Text:
01/25/2024 - Introduced
SB 867 Allen, D HTML PDF
Drought, Flood, and Water Resilience, Wildfire and Forest Resilience, Coastal Resilience, Extreme Heat Mitigation, Biodiversity and Nature-Based Climate Solutions, Climate Smart Agriculture, Park Creation and Outdoor Access, and Clean Energy Bond Act of 2024.
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Position
Bill information
Status: 07/06/2023 - July 10 hearing postponed by committee.
Summary: Would enact the Drought, Flood, and Water Resilience, Wildfire and Forest Resilience, Coastal Resilience, Extreme Heat Mitigation, Biodiversity and Nature-Based Climate Solutions, Climate Smart Agriculture, Park Creation and Outdoor Access, and Clean Energy Bond Act of 2024, which, if approved by the voters, would authorize the issuance of bonds in the amount of $15,500,000,000 pursuant to the State General Obligation Bond Law to finance projects for drought, flood, and water resilience, wildfire and forest resilience, coastal resilience, extreme heat mitigation, biodiversity and nature- based climate solutions, climate smart agriculture, park creation and outdoor access, and clean energy programs. (Based on 06/22/2023 text)
Location: 06/20/2023 - Assembly NAT. RES.
Introduced: 02/17/2023
Current
Text:
06/22/2023 - Amended
Last
Amend:
06/22/2023
SB 1046 Laird, D HTML PDF
Organic waste reduction: program environmental impact report: green material composting operations.
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Tracking form
Position
Bill information
Status: 03/21/2024 - Read second time and amended. Re-referred to Com. on APPR.
Summary: This bill would require the Department of Resources Recycling and Recovery to prepare and certify, by January 1, 2027, a program environmental impact report that streamlines the process with which jurisdictions can develop and site green material composting operations, as defined, for processing organic waste, as specified. (Based on 03/21/2024 text) Location: 03/20/2024 - Senate APPR.
Introduced: 02/07/2024
Current
Text:
03/21/2024 - Amended
Last
Amend:
03/21/2024
SB 1054 Rubio, D HTML PDF
Climate Pollution Reduction in Homes Initiative: natural gas: customer credit.
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Position
Bill information
Status: 03/20/2024 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on E., U. & C.
Summary: Would require the State Energy Resources Conservation and Development Commission, in consultation with the Department of Community Services and Development, to develop and supervise the Climate Pollution Reduction in Homes Initiative to require gas corporations to jointly award grants for local service providers, as defined, nonprofit organizations, and regional collections of local governments to provide financial assistance to low-income households for the purchase of zero-carbon-emitting appliances. The bill would require the Energy Commission, as part of developing and administering the initiative, to develop guidelines, as specified, and authorize local service providers, nonprofit organizations, and regional collections of local governments to use those grant moneys for outreach and technical assistance, rebates, loans, installation, educational information, and other support services to assist low-income households. (Based on 03/20/2024 text)
Location: 02/21/2024 - Senate E. U., & C.
Introduced: 02/08/2024
Current
Text:
03/20/2024 - Amended
Last
Amend:
03/20/2024
Subject: Transportation Issues LAP
AB 1773 Dixon, R HTML PDF
Vehicles: electric bicycles.
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Position
Bill information
Status: 04/01/2024 - In committee: Set, first hearing. Hearing canceled at the request of author.
Summary: Current law prohibits the use of a motorized bicycle on a bicycle path or trail, bikeway, bicycle lane, equestrian trial, or hiking or recreational trail, as specified, unless the governing body of a local public agency, which has jurisdiction over the path or trail, permits the operation. Current law authorizes a governing body of a local public agency, which has jurisdiction over the path or trail, to prohibit the use of an electric bicycle on an equestrian trial, or hiking or recreational trail. A violation of the Vehicle Code is a crime and a person convicted of an infraction for a violation of either the Vehicle Code or a local ordinance adopted pursuant to the code is subject to a specified fine schedule, except as otherwise provided. This bill would clarify that a recreational trail for these purposes includes a boardwalk, as defined, regardless of whether the facility also provides bicycle access. Notwithstanding specified law, the bill would impose a fine, not to exceed $35, against a person convicted of an infraction for a violation of an ordinance prohibiting or regulating electric bicycles on recreational trails. (Based on 02/22/2024 text) Location: 01/16/2024 - Assembly TRANS.
Introduced: 01/03/2024
Current
Text:
02/22/2024 - Amended
Last
Amend:
02/22/2024
AB 1958 Berman, D HTML PDF
Santa Clara Valley Transportation Authority: board of directors.
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Position
Bill information
Status: 03/21/2024 - Read second time. Ordered to Consent Calendar.
Summary: Current law vests the government of the Santa Clara Valley Transportation Authority (VTA) in a 12-member board of directors, appointed by the County of Santa Clara and the cities within the county, as specified. Current law requires, to the extent possible, the county and cities to appoint individuals to the board of directors who have expertise, experience, or knowledge relative to transportation issues. This bill would require, to the extent possible, the county and cities to appoint individuals to the board of directors who have expertise, experience, or knowledge relative to transportation or project management issues. (Based on 01/29/2024 text)
Location: 03/20/2024 - Assembly CONSENT CALENDAR
Introduced: 01/29/2024
Current
Text:
01/29/2024 - Introduced
AB 2290 Friedman, D HTML PDF
Transportation: Class III bikeways: bicycle facilities: Bikeway Quick-Build Project Pilot Program.
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Position
Bill information
Status: 04/01/2024 - From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended.
Summary: Current law establishes 4 classifications of bikeways and defines a “Class III bikeway” as a bikeway that provides a right- of-way on-street or off-street, designated by signs or permanent markings and shared with pedestrians and motorists.
This bill would prohibit the allocation of Active Transportation Program funds for a project that creates a Class III bikeway unless the project is on a street with a design speed limit of 20 miles per hour or less or the project will reduce the design speed limit to 20 miles per hour or less. (Based on 04/01/2024 text) Location: 02/26/2024 - Assembly TRANS.
Introduced: 02/12/2024
Current
Text:
04/01/2024 - Amended
Last
Amend:
04/01/2024
AB 2553 Friedman, D HTML PDF
Housing development: major transit stops: vehicular traffic impact fees.
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Position
Bill information
Status: 03/21/2024 - Referred to Coms. on L. GOV. and H. & C.D.
Summary: The California Environmental Quality Act (CEQA) exempts from its requirements residential projects on infill sites and transit priority projects that meet certain requirements, including a requirement that the projects are located within 1/2 mile of a major transit stop. CEQA defines “major transit stop” to include, among other locations, the intersection of 2 or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. This bill would revise the definition of “major transit stop” to increase the frequency of service interval to 20 minutes. The bill would additionally define “major transit stop” to include a site in an urbanized area that is being served by an on-demand transit service at least 12 hours a day, 7 days a week. Because the bill would require a lead agency to make an additional determination as to whether a location is a major transit stop for purposes of determining whether residential or mixed-use residential projects are exempt from CEQA, this bill would impose a state-mandated local program. (Based on 02/14/2024 text)
Location: 03/21/2024 - Assembly L. GOV.
Introduced: 02/14/2024
Current
Text:
02/14/2024 - Introduced
AB 2744 McCarty, D HTML PDF
Vehicles: pedestrian, bicycle, and vehicle safety.
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Position
Bill information
Status: 04/01/2024 - In committee: Hearing postponed by committee.
Summary: Current law authorizes a legislative body of a city, whenever this legislative body determines that it is necessary for the more efficient maintenance, construction, or repair of streets and roads within the city, to contract with the board of supervisors of any county for the rental of the county’s equipment, as specified. This bill would, beginning on January 1, 2025, prohibit the addition of a right-turn or travel lane within 20 feet of a marked or unmarked crosswalk where there is not already a dedicated and marked right-turn or travel lane, and would prohibit vehicles from using this 20-foot area for right turns unless the area is already marked as a dedicated right-turn lane before January 1, 2025. (Based on 02/15/2024 text)
Location: 03/04/2024 - Assembly TRANS.
Introduced: 02/15/2024
Current
Text:
02/15/2024 - Introduced
AB 2812 Kalra, D HTML PDF
Santa Clara Valley Transportation Authority.
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Position
Bill information
Status: 03/12/2024 - Re-referred to Com. on L. GOV.
Summary: The Local Agency Public Construction Act requires contracts of the Santa Clara Valley Transportation Authority for the purchase of supplies, equipment, and materials to be let to the lowest responsible bidder or to the bidder who submits a proposal that provides the best value, as defined, if the amount of the contract exceeds $150,000 and requires the authority to obtain a minimum of 3 quotations for those contracts between $3,500 and $150,000. This bill would increase the first threshold for bidding to apply for contracts that exceed $200,000 and would require the authority to obtain the minimum of 3 quotations for contracts between $5,000 and $200,000. (Based on 03/11/2024 text) Location: 03/11/2024 - Assembly L. GOV.
Introduced: 02/15/2024
Current
Text:
03/11/2024 - Amended
Last
Amend:
03/11/2024
SB 1216 Blakespear, D HTML PDF
Transportation projects: Class III bikeways: prohibition.
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Position
Bill information
Status: 03/14/2024 - Set for hearing April 9.
Summary: Would prohibit, on and after January 1, 2025, an agency responsible for the development or operation of bikeways or highways where bicycle travel is permitted from installing a Class III bikeway or restriping a Class III bikeway on a highway that has a posted speed limit greater than 30 miles per hour. (Based on 02/15/2024 text) Location: 02/29/2024 - Senate TRANS.
Introduced: 02/15/2024
Current
Text:
02/15/2024 - Introduced
Subject: Water Supply and Conservation LAP
AB 460 Bauer-Kahan, D HTML PDF
State Water Resources Control Board: water rights and usage: interim relief: procedures.
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Position
Bill information
Status: 07/14/2023 - Failed Deadline pursuant to Rule 61(a)(10). (Last location was N.R. & W. on 6/7/2023)(May be acted upon Jan 2024)
Summary: Current law authorizes the State Water Resources Control Board to investigate all streams, stream systems, lakes, or other bodies of water, take testimony relating to the rights to water or the use of water, and ascertain whether water filed upon or attempted to be appropriated is appropriated under the laws of the state. Current law requires the board to take appropriate actions to prevent waste or the unreasonable use of water. This bill would authorize the board, in conducting specified investigations or proceedings to inspect the property or facilities of a person or entity, as specified. The bill would authorize the board, if consent is denied for an inspection, to obtain an inspection warrant, as specified, or in the event of an emergency affecting public health and safety, to conduct an inspection without consent or a warrant. (Based on 05/18/2023 text)
Location: 07/14/2023 - Senate 2 YEAR
Introduced: 02/06/2023
Current
Text:
05/18/2023 - Amended
Last
Amend:
05/18/2023
AB 1337 Wicks, D HTML PDF
State Water Resources Control Board: water diversion curtailment.
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Tracking form
Position
Bill information
Status: 07/14/2023 - Failed Deadline pursuant to Rule 61(a)(10). (Last location was N.R. & W. on 6/7/2023)(May be acted upon Jan 2024)
Summary: Under existing law, the diversion or use of water other than as authorized by specified provisions of law is a trespass, subject to specified civil liability. This bill would expand the instances when the diversion or use of water is considered a trespass. This bill contains other related provisions and other existing laws. (Based on 05/18/2023 text) Location: 07/14/2023 - Senate 2 YEAR
Introduced: 02/16/2023
Current
Text:
05/18/2023 - Amended
Last
Amend:
05/18/2023
AB 1827 Papan, D HTML PDF
Local government: fees and charges: water: higher-consumptive water parcels.
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Position
Bill information
Status: 01/29/2024 - Referred to Com. on L. GOV.
Summary: The California Constitution specifies various requirements with respect to the levying of assessments and property- related fees and charges by a local agency, including requiring that the local agency provide public notice and a majority protest procedure in the case of assessments and submit property-related fees and charges for approval by property owners subject to the fee or charge or the electorate residing in the affected area following a public hearing. This bill would provide that the fees or charges for property-related water service imposed or increased, as specified, may include the incrementally higher costs of water service due to specified factors, including the higher water usage demand of parcels. The bill would provide that the costs associated with higher water usage demands, the maximum potential water use, or a projected peak water usage demand may be allocated using any method that reasonably assesses the water service provider’s cost of serving those parcels that are increasing potential water usage demand, maximum potential water use, or project peak water use demand. (Based on 01/12/2024 text) Location: 01/29/2024 - Assembly L. GOV.
Introduced: 01/12/2024
Current
Text:
01/12/2024 - Introduced
AB 2257 Wilson, D HTML PDF
Local government: property-related water and sewer fees and assessments: remedies.
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Position
Bill information
Status: 03/21/2024 - Re-referred to Com. on L. GOV.
Summary: The California Constitution specifies various requirements with respect to the levying of assessments and property- related fees and charges by a local agency, including notice, hearing, and protest procedures, depending on the character of the assessment, fee, or charge. Current law, known as the Proposition 218 Omnibus Implementation Act, prescribes specific procedures and parameters for local jurisdictions to comply with these requirements. This bill would prohibit, if a local agency complies with specified procedures, a person or entity from bringing a judicial action or proceeding alleging noncompliance with the constitutional provisions for any new, increased, or extended fee or assessment, as defined, unless that person or entity has timely submitted to the local agency a written objection to that fee or assessment that specifies the grounds for alleging noncompliance, as specified. This bill would provide that local agency responses to the timely submitted written objections shall go to the weight of the evidence supporting the agency’s compliance with the substantive limitations on fees and assessments imposed by the constitutional provisions. (Based on 03/20/2024 text)
Location: 03/19/2024 - Assembly L. GOV.
Introduced: 02/08/2024
Current
Text:
03/20/2024 - Amended
Last
Amend:
03/20/2024
ACA 2 Alanis, R HTML PDF
Water Resiliency Act of 2024.
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Tracking form
Position
Bill information
Status: 03/19/2024 - In committee: Set, first hearing. Hearing canceled at the request of author.
Summary: The California Constitution declares that the general welfare requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable, and that the right to the use of water does not extend to the waste or unreasonable use, method of use, or method of diversion of water. This measure would require the Treasurer to annually transfer an amount equal to 1.5% of all state revenues from the General Fund to the California Water Resiliency Trust Fund, which the measure would create. The measure would continuously appropriate moneys in the fund to the California Water Commission for its actual costs of implementing these provisions and for specified water infrastructure projects. (Based on 03/06/2024 text)
Location: 04/20/2023 - Assembly W.,P. & W. Current
Text:
03/06/2024 - Amended
Introduced: 12/05/2022
Last
Amend:
03/06/2024
SB 1210 Skinner, D HTML PDF
New housing construction: electrical, gas, sewer, and water service connections: charges.
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Tracking form
Position
Bill information
Status: 03/19/2024 - Set for hearing April 2.
Summary: The California Constitution establishes the Public Utilities Commission, with jurisdiction over all public utilities. Current law defines the term “public utility” for certain purposes to include, among other corporations, every gas corporation, electrical corporation, water corporation, and sewer system corporation, where the service is performed for, or the commodity is delivered to, the public or any portion thereof. This bill would, for new housing construction, prohibit a connection, capacity, or other point of connection charge from a public utility, as defined, or a special district, including a municipal utility district, for electrical, gas, sewer, or water service from exceeding 1% of the reported building permit value of that housing unit. The bill would require a public utility or special district to issue an above-described charge over a period of at least 10 years commencing on the date when the housing unit is first occupied, as specified. The bill would require a public utility or special district to publicly report on its internet website the amount of any charge issued each year pursuant the above-described provision by the housing unit’s address. (Based on 03/18/2024 text) Location: 02/29/2024 - Senate E. U., & C.
Introduced: 02/15/2024
Current
Text:
03/18/2024 - Amended
Last
Amend:
03/18/2024
SB 1218 Newman, D HTML PDF
Water: emergency water supplies.
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Tracking form
Position
Bill information
Status: 02/29/2024 - Referred to Com. on N.R. & W.
Summary: Would declare that it is the established policy of the state to encourage and incentivize, but not mandate, the development of emergency water supplies, and to support their use during times of water shortage. (Based on 02/15/2024 text)
Location: 02/29/2024 - Senate N.R. & W.
Introduced: 02/15/2024
Current
Text:
02/15/2024 - Introduced
SB 1330 Archuleta, D HTML PDF
Urban retail water supplier: water use.
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Tracking form
Position
Bill information
Status: 03/19/2024 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on N.R. & W.
Summary: Current law requires the Department of Water Resources, in coordination with the State Water Resources Control Board, to conduct necessary studies and investigations, and recommend for adoption by the board appropriate variances for unique uses that can have a material effect on an urban retail water supplier’s urban water use objective. Current law requires the department, in recommending variances, to also recommend a threshold of significance for each recommended variance. Current law requires an urban retail water supplier to request and receive approval by the board for inclusion of a variance in calculating their water use objective. Current law requires the board to post specified information on its internet website relating to variances, including a list of all urban retail water suppliers with approved variances. This bill would require the board to adopt variances recommended by the department for unique uses that can have a material effect on an urban retail water supplier’s urban water use objective. The bill would provide that variances adopted by the board shall not be subject to a threshold of significance. The bill would require an urban retail water supplier to self-certify the amount of water included in its urban water use objective that is attributable to a variance. (Based on 03/19/2024 text)
Location: 02/29/2024 - Senate N.R. & W.
Introduced: 02/16/2024
Current
Text:
03/19/2024 - Amended
Last
Amend:
03/19/2024
Total Measures: 100
Total Tracking Forms: 100
2024 Q1 Legislative Action Summary
Below is a summary of the actions that were taken during 2024 Q1 as they align with the City of Santa Clara’s 2024 Legislative Advocacy Positions (LAPs), guiding principles for legislative advocacy, approved City policies (e.g., City Council Goals and Priorities), and/or Council action.
Council Pillar: Deliver and Enhance High-Quality Efficient Services and Infrastructure
• February 15, 2024 Letter of Support for the City’s State Budget Requests to Assemblymember Evan Low
• March 12, 2024 Letter of Support for the City’s Federal Appropriations Requests to Senators Alex Padilla and Laphonza Butler
Water Supply and Conservation LAP
• March 26, 2024 Letter of support for Santa Clara Valley Water District’s FY25 Congressionally Directed Spending Request – Purified Water Demonstration Facility to Senators Patty Murray and Susan Collins
Multiple Legislative Priorities
• January 4, 2024 Letter of support for the CREST Bay Area Proposal – Valley Water Calabazas/San Aquino Creek-Marsh Connection Program to the California State Coastal Conservancy (Sustainability and Environmental Protection and Water Supply and Conservation LAPs)
• January 18, 2024 Letter of support for the Valley Water Pond A4 Resilient Habitat Restoration Project Application to the State Coastal Conservancy Grant Program to the California State Coastal Conservancy (Sustainability and Environmental Protection LAP/
Enhance Community Sports, Council Pillar:
Recreational and Arts Assets)
• Co-signed letter regarding FY 2024 Proposed Budget Cuts to Funding for State Coastal Conservancy to Address Sea Level Rise California State to President Pro-tempore Mike McGuire (CA Senate), Speaker Robert Rivas (CA Assembly), Senator Scott Wiener (CA Senate Budget Committee), Assembly Member Jesse Gabriel (CA Assembly Budget Committee), Senator Josh Becker (CA Senate Budget Committee Subcommittee 2), and Assembly Member Steve Bennet (CA Assembly Budget Committee Subcommittee 4) (Regional Issues and Collaboration and Sustainability and Environmental Protection LAPs)
1500 Warburton Avenue ● Santa Clara, CA 95050 ● Phone: 408-615-2200 ● Fax: 408-241-6771 ● www.SantaClaraCA.gov Mayor
Lisa M. Gillmor
February 15, 2024
Honorable Evan Low
California State Assembly, 26
th District
1021 O Street, Suite 6110
Sacramento, CA 95814
Re: 2024 State Budget Requests from the City of Santa Clara
Dear Assembly Member Low:
On behalf of the City of Santa Clara, I want to express my gratitude and appreciation to you and your staff for your leadership and support over the years. You have been an integral part of our many successes, and the City is grateful for all that you’ve done.
As the State Legislature continues the process of shaping the state budget and evaluating where the state’s resources are best invested, I understand things are uncertain at best. If the opportunity arises for community requests to be included in the Legislature’s budget, I would like to respectfully present a list of priority funding needs for the City and request your partnership to help secure these critical dollars.
Below are the City’s priority projects for consideration, along with a brief description and dollar amount. The City appreciates the state’s fiscal situation and has tried to select projects that will have significant local and regional impacts, thereby maximizing the return on the state’s investment. We are happy to provide more in -depth details and discuss each of these projects further.
I am proud that our values and priorities align and look forward to our continued partnership to serve the residents of Santa Clara. Our advocate, Casey Elliott from Townsend Public Affairs, will follow up with your office to schedule a time to discuss our projects in greater detail. Thank you for your consideration and I look forward to continuing our work together.
Sincerely,
Lisa M. Gillmor
Mayor
City of Santa Clara
Honorable Evan Low
Re: 2024 State Budget Requests from the City of Santa Clara