Funding Sources Customer Service Charges (Water)
Funding Sources All Prior
Actuals 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 Total Total Sources $714,783 $3,930,542 $1,200,000 $600,000 $1,800,000 $1,800,000 $300,000 $10,345,325 Expenditures All Prior
Actuals 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 Total Construction $5,560 $2,592,120 - - - - - $2,597,680
Engineering $662,633 $1,338,422 $1,200,000 $600,000 $1,800,000 $1,800,000 $300,000 $7,701,055 Personnel $46,590 - - - - - - $46,590
Total Expenditures $714,783 $3,930,542 $1,200,000 $600,000 $1,800,000 $1,800,000 $300,000 $10,345,325 Operating Impacts - - - - - -
517
iffT'
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | W AT E R AN D RE C Y C LE D W A T E R
UT I LIT IE S
FUNDED
7505 - RECYCLED WATER SYSTEM MAINS AND SERVICES
Project Number: 7505 Theme / Category: Water and Recycled Water Utilities
Year Initiated: 2014 Project Manager: Lawrence Tam
Planned Completion Year: Ongoing Department: Water and Sewer Utility Dept
Project Type: Ongoing Fund: 597 - Recycled Water
Strategic Pillar 07 - Promote Sustainability and Environmental Protection
Location Various, Citywide
Project Description This project provides funding, when funding is not provided by developers, for the installation, upgrade, or extension of recycled water mains for developments on a case-by-case basis as well as the installation of pressure gauges to measure the pressure being received by recycled water customers for approved uses.
The City supports the use of recycled water in new and existing developments for irrigation and other nonpotable uses. Recycled water supports the City’s overall sustainability strategy offsetting potable water use. It should be noted that in the first year of this five-year CIP, funding of construction costs related to the recycled water lining under the Union Pacific Railroad (UPRR) tracks (known as Agnew Sidings Project) is included.
Funding Sources Customer Service Charges (Recycled Water)
Funding Sources All Prior
Actuals 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 Total Total Sources $820,054 $50,000 $400,000 $50,000 $50,000 $50,000 $50,000 $1,470,054 Expenditures All Prior
Actuals 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 Total Construction $293,425 $50,000 $400,000 $50,000 $50,000 $50,000 $50,000 $943,425 Contingencies/Misc $230 - - - - - - $230
Engineering $6,572 - - - - - - $6,572
Equipment $2,886 - - - - - - $2,886
Personnel $160,725 - - - - - - $160,725
Srvc From Other FundsAlloc OH $8,773 - - - - - - $8,773 Transfers Out $347,443 - - - - - - $347,443
Total Expenditures $820,054 $50,000 $400,000 $50,000 $50,000 $50,000 $50,000 $1,470,054 Operating Impacts - - - - - -
518
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | A P P E ND I CE S BUDGET AMENDMENTS TO THE FY 2024/25 ADOPTED
OPERATING BUDGET
The FY 2023/24 and FY 2024/25 Biennial Operating Budget was approved in June 2023. While there is an adopted operating budget for FY 2024/25, adjustments are needed to reflect revised revenue estimates and updated costs. This section provides details on those recommended adjustments and includes the following:
Summary of Revenue Changes by Fund
This document summarizes the FY 2024/25 Adopted Revenue estimate, the proposed changes, and the FY 2024/25 Amended Revenue estimate by fund.
Summary of Expenditure Changes by Fund
This document summarizes the FY 2024/25 Adopted Expenditures, the proposed changes, and the FY 2024/25 Amended Expenditures by fund.
FY 2024/25 Operating Budget Amendments Detail by Fund
This document provides details on the recommended revenue and expenditure changes by fund. These amendments reflect changes such as negotiated salary agreements and required contributions to the California Public Employee Retirement System (CalPERS) across all operating funds. The recommended amendments also incorporate items identified by departments as critical adjustments needed in their operating budget. The document is sorted by fund type.
Department Operating Changes
This document provides summaries of operating changes by department. Each department summary displays the budget by category and by fund. The FY 2024/25 Adopted and FY 2024/25 Amended budgets are shown for each line item, along with the change between the two budgets. The detail of the budget amendment column is reflected in the FY 2024/25 Operating Budget Amendments section. 519
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | A P P E ND I CE S OPERATING BUDGET CHANGE SUMMARY | REVENUE
Fund Type
FY 2024/25
Adopted
Budget
Amendments
FY 2024/25
Amended
General Fund
001 General Fund 287,341,981 9,829,012 297,170,993
Total General Fund 287,341,981 9,829,012 297,170,993
Special Revenue Funds
463 Bridge Maintenance District #2 Fund 80,000 10,000 90,000 155 Building Development Services Fund 16,164,000 0 16,164,000 220 Building Special Programs and Training Fund 44,995 0 44,995 165 City Affordable Housing Fund 1,168,177 0 1,168,177
027 Community Facilities District No. 2019-1 (Lawrence
Station) Fund
450,298 (58,741) 391,557
026 Convention Center Maintenance District Fund 1,774,119 88,706 1,862,825 025 Downtown Parking Maintenance Fund 158,850 (7,650) 151,200 077 Endowment Care Fund 130,000 50,000 180,000
158 Fire Development Service Fund 3,081,750 195,750 3,277,500 178 Fire Operating Grant Trust Fund 4,513,514 (216,231) 4,297,283 121 Gas Tax Fund 3,500,000 0 3,500,000
562 Housing and Urban Development Fund 1,518,534 1,013,534 2,532,068 164 Housing Authority Fund 252,496 0 252,496
169 Housing Successor Agency Fund 1,306,326 0 1,306,326 111 Parks and Recreation Operating Grant Trust Fund 152,363 0 152,363 076 Perpetual Care Fund 500 0 500
221 Public, Educational, and Governmental Fee Fund 200,000 0 200,000 122 Road Maintenance and Rehabilitation (SB1) Fund 2,550,000 360,000 2,910,000 123 Traffic Mitigation Fund 1,150,000 (100,000) 1,050,000 Total Special Revenue Funds 38,195,922 1,335,368 39,531,290 Enterprise Funds
093 Cemetery Fund 1,603,500 0 1,603,500
860 Convention Center Enterprise Fund 18,193,014 420,000 18,613,014 191 Electric Operating Grant Trust Fund 40,164,067 8,641,818 48,805,885 091 Electric Utility Fund 757,243,956 (1,011,365) 756,232,591 094 Sewer Utility Fund 47,453,903 (464,100) 46,989,803
096 Solid Waste Fund 41,081,879 514,857 41,596,736
097 Water Recycling Fund 8,594,538 (87,200) 8,507,338
092 Water Utility Fund 66,333,834 (2,236,899) 64,096,935 Total Enterprise Funds 980,668,691 5,777,111 986,445,802 520
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | A P P E ND I CE S OPERATING BUDGET CHANGE SUMMARY | REVENUE
Fund Type
FY 2024/25
Adopted
Budget
Amendments
FY 2024/25
Amended
Internal Service Funds
048 Communication Acquisitions Fund 1,013,568 54,336 1,067,904 053 Fleet Operations Fund 5,649,029 303,874 5,952,903
045 Information Technology Services Fund 12,956,944 2,282,394 15,239,338 044 Public Works Capital Projects Management Fund 4,362,916 10,758 4,373,674 082 Special Liability Insurance Fund 6,497,000 33,000 6,530,000 050 Vehicle Replacement Fund 6,251,978 (982,587) 5,269,391 081 Workers' Compensation Fund 6,327,000 0 6,327,000
Total Internal Service Funds 43,058,435 1,701,775 44,760,210 Other Agency Funds
801 Sports and Open Space Authority Fund 10,200 0 10,200 Total Other Agency Funds 10,200 0 10,200
Debt Service Funds
491 Electric Utility Debt Service Fund 36,296,170 111,257,832 147,554,002 431 Public Facilities Financing Corporation Fund 1,406,440 0 1,406,440 494 Sewer Utility Debt Service Fund 1,050,000 (1,050,000) 0 Total Debt Service Funds 38,752,610 110,207,832 148,960,442 Grand Total Revenues 1,388,027,839 128,851,098 1,516,878,937 Less Transfers In and Interfund Revenues* (165,836,276) (161,647,429) (327,483,705) Net Total Operating Revenues 1,222,191,563 (32,796,331) 1,189,395,232 * Excludes internal services fund operating budget, non-City Convention Center activities, and all transfers 521
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | A P P E ND I CE S OPERATING BUDGET CHANGE SUMMARY |
EXPENDITURES
Fund Type
FY 2024/25
Adopted
Budget
Amendments
FY 2024/25
Amended
General Fund
001 General Fund 287,458,968 19,132,362 306,591,330
Total General Fund 287,458,968 19,132,362 306,591,330
Special Revenue Funds
463 Bridge Maintenance District #2 Fund 80,000 (80,000) 0 155 Building Development Services Fund 14,846,926 438,260 15,285,186 220 Building Special Programs and Training Fund 44,995 0 44,995 165 City Affordable Housing Fund 1,595,486 (1,839) 1,593,647 027 Community Facilities District No. 2019-1 (Lawrence
Station) Fund
384,471 1,671 386,142
026 Convention Center Maintenance District Fund 1,774,119 88,706 1,862,825 025 Downtown Parking Maintenance Fund 144,609 8,517 153,126 077 Endowment Care Fund 30,000 0 30,000
158 Fire Development Service Fund 3,264,818 131,585 3,396,403 178 Fire Operating Grant Trust Fund 4,513,514 (216,231) 4,297,283 121 Gas Tax Fund 2,550,000 1,970,000 4,520,000
562 Housing and Urban Development Fund 2,115,381 416,687 2,532,068 164 Housing Authority Fund 414,581 54,350 468,931
169 Housing Successor Agency Fund 899,463 3,116 902,579 111 Parks and Recreation Operating Grant Trust Fund 152,363 0 152,363 076 Perpetual Care Fund 500 0 500
221 Public, Educational, and Governmental Fee Fund 200,000 0 200,000 122 Road Maintenance and Rehabilitation (SB1) Fund 2,500,000 1,801,915 4,301,915 123 Traffic Mitigation Fund 1,600,000 (269,000) 1,331,000 Total Special Revenue Funds 37,111,226 4,347,737 41,458,963 Enterprise Funds
093 Cemetery Fund 1,591,088 40,349 1,631,437
860 Convention Center Enterprise Fund 18,284,444 2,262,630 20,547,074 191 Electric Operating Grant Trust Fund 34,309,180 34,517,119 68,826,299 091 Electric Utility Fund 752,145,329 (59,198,932) 692,946,397 094 Sewer Utility Fund 50,232,161 (6,385,494) 43,846,667 096 Solid Waste Fund 40,785,274 539,924 41,325,198
097 Water Recycling Fund 9,502,867 (195,327) 9,307,540
092 Water Utility Fund 61,185,602 769,531 61,955,133
Total Enterprise Funds 968,035,945 (27,650,200) 940,385,745 522
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | A P P E ND I CE S OPERATING BUDGET CHANGE SUMMARY |
EXPENDITURES
Fund Type
FY 2024/25
Adopted
Budget
Amendments
FY 2024/25
Amended
Internal Service Funds
048 Communication Acquisitions Fund 1,013,568 54,336 1,067,904 053 Fleet Operations Fund 5,651,174 287,841 5,939,015
045 Information Technology Services Fund 12,956,944 2,282,394 15,239,338 044 Public Works Capital Projects Management Fund 4,362,916 10,758 4,373,674 082 Special Liability Insurance Fund 6,497,000 33,000 6,530,000 087 Unemployment Insurance Fund 110,000 0 110,000
050 Vehicle Replacement Fund 4,386,000 1,441,284 5,827,284 081 Workers' Compensation Fund 6,327,000 110,000 6,437,000 Total Internal Service Funds 41,304,602 4,219,613 45,524,215 Other Agency Funds
801 Sports and Open Space Authority Fund 10,200 0 10,200 Total Other Agency Funds 10,200 0 10,200
Debt Service Funds
491 Electric Utility Debt Service Fund 36,296,170 111,257,832 147,554,002 431 Public Facilities Financing Corporation Fund 1,405,940 0 1,405,940 494 Sewer Utility Debt Service Fund 2,945,824 357,938 3,303,762 Total Debt Service Funds 40,647,934 111,615,770 152,263,704 Grand Total of Expenditures by Fund 1,374,568,875 111,665,282 1,486,234,157 Less Transfers Out and Interfund Expenses* (247,455,561) (169,007,852) (416,463,413) Net Total Operating Expenditures 1,127,113,314 (57,342,570) 1,069,770,744 * Excludes internal services fund operating budget, non-City Convention Center activities, and all transfers 523
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | E LE CT E D CI T Y C L E R K’S O F FI C E DEPARTMENT SUMMARY | ELECTED CITY CLERK’S OFFICE
FY 2024/25
Adopted
Budget
Amendments
FY 2024/25
Amended
Dollars by Category
Salary and Benefits
Salary 24,000 (6,000) 18,000
Retirement 8,198 (1,903) 6,295
Medicare 348 (87) 261
Total Salary and Benefits 32,546 (7,990) 24,556
Non-Personnel
Materials/Services/Supplies 460,800 0 460,800
Interfund Services 0 0 0
Total Non-Personnel 460,800 0 460,800
Total by Category 493,346 (7,990) 485,356
Dollars by Fund
General Fund 493,346 (7,990) 485,356
Total by Fund 493,346 (7,990) 485,356
524
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | A S S I S T A NT CIT Y C L E R K’ S O F F I CE DEPARTMENT SUMMARY | ASSISTANT CITY CLERK’S OFFICE
FY 2024/25
Adopted
Budget
Amendments
FY 2024/25
Amended
Dollars by Category
Salary and Benefits
Salary 697,141 11,804 708,945
As-Needed 53,583 0 53,583
Overtime 1,108 0 1,108
Retirement 269,726 11,847 281,573
Health Allocation 108,145 (6,122) 102,023
Medicare 11,777 92 11,869
Social Security 48,067 965 49,032
Other Benefits 43,898 (2,029) 41,869
Total Salary and Benefits 1,233,445 16,557 1,250,002
Non-Personnel
Materials/Services/Supplies 229,966 7,200 237,166
Interfund Services 110,311 19,432 129,743
Total Non-Personnel 340,277 26,632 366,909
Total by Category 1,573,722 43,189 1,616,911
Dollars by Fund
General Fund 1,573,722 43,189 1,616,911
Total by Fund 1,573,722 43,189 1,616,911
525
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | C I T Y AT T O R NE Y ’ S O F F I C E DEPARTMENT SUMMARY | CITY ATTORNEY’S OFFICE
FY 2024/25
Adopted
Budget
Amendments
FY 2024/25
Amended
Dollars by Category
Salary and Benefits
Salary 1,640,044 137,781 1,777,825
As-Needed 54,475 0 54,475
Retirement 635,677 75,053 710,730
Health Allocation 120,574 29,131 149,705
Medicare 26,129 2,312 28,441
Social Security 67,370 9,487 76,857
Other Benefits 58,907 13,393 72,300
Total Salary and Benefits 2,603,176 267,157 2,870,333
Non-Personnel
Materials/Services/Supplies 535,643 (126,980) 408,663
Interfund Services 66,883 11,782 78,665
Total Non-Personnel 602,526 (115,198) 487,328
Total by Category 3,205,702 151,959 3,357,661
Dollars by Fund
General Fund 3,205,702 151,959 3,357,661
Total by Fund 3,205,702 151,959 3,357,661
526
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | C I T Y A UD IT O R ’ S O F F I CE DEPARTMENT SUMMARY | CITY AUDITOR’S OFFICE
FY 2024/25
Adopted
Budget
Amendments
FY 2024/25
Amended
Dollars by Category
Salary and Benefits
Salary 382,345 (15) 382,330
Retirement 185,440 4,730 190,170
Health Allocation 22,772 0 22,772
Medicare 5,970 0 5,970
Social Security 19,898 930 20,828
Other Benefits 17,518 (51) 17,467
Total Salary and Benefits 633,943 5,594 639,537
Non-Personnel
Materials/Services/Supplies 349,261 0 349,261
Interfund Services 2,285 (905) 1,380
Total Non-Personnel 351,546 (905) 350,641
Total by Category 985,489 4,689 990,178
Dollars by Fund
General Fund 985,489 4,689 990,178
Total by Fund 985,489 4,689 990,178
527
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | MA Y O R AN D CI T Y CO U N CI L
O F F I CE S
DEPARTMENT SUMMARY | MAYOR AND CITY COUNCIL
OFFICES
FY 2024/25
Adopted
Budget
Amendments
FY 2024/25
Amended
Dollars by Category
Salary and Benefits
Salary 613,873 14,965 628,838
As-Needed 20,006 0 20,006
Overtime 593 0 593
Retirement 201,576 10,089 211,665
Health Allocation 59,320 (22,024) 37,296
Medicare 9,312 163 9,475
Social Security 25,828 788 26,616
Other Benefits 25,151 (1,019) 24,132
Total Salary and Benefits 955,659 2,962 958,621
Non-Personnel
Materials/Services/Supplies 113,921 0 113,921
Interfund Services 107,143 17,238 124,381
Total Non-Personnel 221,064 17,238 238,302
Total by Category 1,176,723 20,200 1,196,923
Dollars by Fund
General Fund 1,176,723 20,200 1,196,923
Total by Fund 1,176,723 20,200 1,196,923
528
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | C I T Y MA N A G E R ’S O F FI CE DEPARTMENT SUMMARY | CITY MANAGER’S OFFICE
FY 2024/25
Adopted
Budget
Amendments
FY 2024/25
Amended
Dollars by Category
Salary and Benefits
Salary 1,966,548 240,185 2,206,733
As-Needed 217,629 0 217,629
Retirement 883,525 15,807 899,332
Health Allocation 204,148 40,922 245,070
Medicare 37,565 218 37,783
Social Security 101,630 4,433 106,063
Other Benefits 97,960 3,276 101,236
Total Salary and Benefits 3,509,005 304,841 3,813,846
Non-Personnel
Materials/Services/Supplies 1,325,263 826,847 2,152,110 Interfund Services 688,036 83,403 771,439
Total Non-Personnel 2,013,299 910,250 2,923,549
Total by Category 5,522,304 1,215,091 6,737,395
Dollars by Fund
General Fund 5,175,582 1,416,469 6,592,051
Related Santa Clara Developer Fund 346,722 (201,378) 145,344 Total by Fund 5,522,304 1,215,091 6,737,395
529
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | C O M M U N IT Y DE V E L O P M E N T
DE P A RT ME NT
DEPARTMENT SUMMARY | COMMUNITY DEVELOPMENT
DEPARTMENT
FY 2024/25
Adopted
Budget
Amendments
FY 2024/25
Amended
Dollars by Category
Salary and Benefits
Salary 11,011,760 (335,617) 10,676,143
As-Needed 417,514 0 417,514
Overtime 74,588 0 74,588
Retirement 3,790,574 156,647 3,947,221
Health Allocation 1,262,449 95,877 1,358,326
Medicare 167,285 1,087 168,372
Social Security 663,295 10,722 674,017
Other Benefits 484,455 (8,510) 475,945
Total Salary and Benefits 17,871,920 (79,794) 17,792,126 Non-Personnel
Materials/Services/Supplies 3,812,212 94,995 3,907,207
Interfund Services 2,129,375 145,117 2,274,492
Other Expenditures 1,306,494 879,597 2,186,091
Transfers to Other Funds 189,295 53,508 242,803
Total Non-Personnel 7,437,376 1,173,217 8,610,593
Total by Category 25,309,296 1,093,423 26,402,719
Dollars by Fund
General Fund 5,392,464 182,849 5,575,313
Building Development Services Fund 14,846,926 438,260 15,285,186 Building Special Programs and Training Fund 44,995 0 44,995 City Affordable Housing Fund 1,595,486 (1,839) 1,593,647 Housing and Urban Development Fund 2,115,381 416,687 2,532,068 Housing Authority Fund 414,581 54,350 468,931
Housing Successor Agency Fund 899,463 3,116 902,579
Total by Fund 25,309,296 1,093,423 26,402,719
530
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | E LE CT R IC UT I LI T Y DE P A R T ME N T DEPARTMENT SUMMARY | ELECTRIC UTILITY DEPARTMENT
FY 2024/25
Adopted
Budget
Amendments
FY 2024/25
Amended
Dollars by Category
Salary and Benefits
Salary 41,770,720 159,782 41,930,502
As-Needed 1,642,000 0 1,642,000
Overtime 8,140,300 0 8,140,300
Retirement 14,449,301 488,580 14,937,881
Health Allocation 4,205,375 577,799 4,783,174
Medicare 844,337 (205,251) 639,086
Social Security 2,466,904 283,187 2,750,091
Other Benefits 1,739,573 124,849 1,864,422
Total Salary and Benefits 75,258,510 1,428,946 76,687,456 Non-Personnel
Materials/Services/Supplies 62,538,574 (999,300) 61,539,274 Resource/Production 493,411,107 (52,749,846) 440,661,261 Interfund Services 12,447,865 2,417,874 14,865,739
Transfers to Other Funds 105,083,320 25,124,583 130,207,903 Contribution In Lieu 37,578,133 (1,779,070) 35,799,063
Capital Outlay 137,000 1,875,000 2,012,000
Total Non-Personnel 711,195,999 (26,110,759) 685,085,240 Total by Category 786,454,509 (24,681,813) 761,772,696
Dollars by Fund
Electric Operating Grant Trust Fund 34,309,180 34,517,119 68,826,299 Electric Utility Fund 752,145,329 (59,198,932) 692,946,397 Total by Fund 786,454,509 (24,681,813) 761,772,696
531
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | F IN A NC E DE P A RT ME N T DEPARTMENT SUMMARY | FINANCE DEPARTMENT
FY 2024/25
Adopted
Budget
Amendments
FY 2024/25
Amended
Dollars by Category
Salary and Benefits
Salary 8,185,673 278,468 8,464,141
As-Needed 192,055 0 192,055
Overtime 18,157 0 18,157
Retirement 3,071,179 185,676 3,256,855
Health Allocation 1,131,398 155,176 1,286,574
Medicare 136,507 2,364 138,871
Social Security 535,147 20,770 555,917
Other Benefits 464,511 1,319 465,830
Total Salary and Benefits 13,734,627 643,773 14,378,400 Non-Personnel
Materials/Services/Supplies 3,342,971 1,671 3,344,642
Interfund Services 1,935,173 297,826 2,232,999
Total Non-Personnel 5,278,144 299,497 5,577,641
Total by Category 19,012,771 943,270 19,956,041
Dollars by Fund
General Fund 19,012,771 941,599 19,954,370
Community Facilities District 2019-1 Lawrence Station
Fund
0 1,671 1,671
Total by Fund 19,012,771 943,270 19,956,041
532
FY 2 0 2 4 / 2 5 A ND FY 2 0 2 5/ 2 6 P R O P O S E D C A P IT A L I M P R O V E M E NT P R O GR A M B U D GE T | F IR E D E P A RT ME NT DEPARTMENT SUMMARY | FIRE DEPARTMENT
FY 2024/25
Adopted
Budget
Amendments
FY 2024/25
Amended
Dollars by Category
Salary and Benefits
Salary 36,484,823 227,379 36,712,202
As-Needed 34,426 11,300 45,726
Overtime 875,129 0 875,129
Retirement 20,837,010 1,161,528 21,998,538
Health Allocation 3,208,679 84,924 3,293,603
Medicare 561,294 (20,964) 540,330
Social Security 137,698 25,131 162,829
Other Benefits 1,287,341 38,588 1,325,929
Total Salary and Benefits 63,426,400 1,527,886 64,954,286 Non-Personnel
Materials/Services/Supplies 1,711,186 193,700 1,904,886 Interfund Services 5,928,613 1,140,111 7,068,724
Capital Outlay 37,000 0 37,000
Transfers to Other Funds 0 8,481 8,481
Total Non-Personnel 7,676,799 1,342,292 9,019,091
Total by Category 71,103,199 2,870,178 73,973,377
Dollars by Fund
General Fund 63,324,867 2,954,824 66,279,691
Fire Development Services Fund 3,264,818 131,585 3,396,403 Fire Operating Grant Trust Fund 4,513,514 (216,231) 4,297,283 Total by Fund 71,103,199 2,870,178 73,973,377
533
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | H U MA N RE S O U RC E S
DE P A RT ME NT
DEPARTMENT SUMMARY | HUMAN RESOURCES DEPARTMENT
FY 2024/25
Adopted
Budget
Amendments
FY 2024/25
Amended
Dollars by Category
Salary and Benefits
Salary 2,134,105 8,132 2,142,237
As-Needed 40,163 0 40,163
Retirement 787,456 29,785 817,241
Health Allocation 244,070 14,462 258,532
Medicare 33,728 (128) 33,600
Social Security 120,853 3,712 124,565
Other Benefits 111,652 (1,499) 110,153
Total Salary and Benefits 3,472,027 54,464 3,526,491
Non-Personnel
Materials/Services/Supplies 818,344 0 818,344
Interfund Services 148,957 26,239 175,196
Total Non-Personnel 967,301 26,239 993,540
Total by Category 4,439,328 80,703 4,520,031
Dollars by Fund
General Fund 4,439,328 80,703 4,520,031
Total by Fund 4,439,328 80,703 4,520,031
534
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | IN F OR M AT I O N T E C HN O L O GY
DE P A RT ME NT
DEPARTMENT SUMMARY | INFORMATION TECHNOLOGY
DEPARTMENT
FY 2024/25
Adopted
Budget
Amendments
FY 2024/25
Amended
Dollars by Category
Salary and Benefits
Salary 1,261,399 189,368 1,450,767
As-Needed 254,488 0 254,488
Retirement 428,921 80,256 509,177
Health Allocation 107,102 32,169 139,271
Medicare 19,129 2,734 21,863
Social Security 56,812 12,880 69,692
Other Benefits 50,901 8,600 59,501
Total Salary and Benefits 2,178,752 326,007 2,504,759
Non-Personnel
Materials/Services/Supplies 10,726,677 1,547,665 12,274,342 Interfund Services 1,515 (278) 1,237
Capital Outlay 250,000 409,000 659,000
Total Non-Personnel 10,978,192 1,956,387 12,934,579
Total by Category 13,156,944 2,282,394 15,439,338
Dollars by Fund
Information Technology Services Fund 12,956,944 2,282,394 15,239,338 Public, Educational and Governmental Fee Fund 200,000 0 200,000 Total by Fund 13,156,944 2,282,394 15,439,338
535
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | L IB R AR Y DE P A RT ME N T DEPARTMENT SUMMARY | LIBRARY DEPARTMENT
FY 2024/25
Adopted
Budget
Amendments
FY 2024/25
Amended
Dollars by Category
Salary and Benefits
Salary 4,933,745 65,206 4,998,951
As-Needed 966,968 52,140 1,019,108
Retirement 1,737,684 74,704 1,812,388
Health Allocation 604,341 28,440 632,781
Medicare 76,510 492 77,002
Social Security 314,650 4,337 318,987
Other Benefits 252,106 (884) 251,222
Total Salary and Benefits 8,886,004 224,435 9,110,439
Non-Personnel
Materials/Services/Supplies 1,568,279 55,870 1,624,149
Interfund Services 863,342 134,575 997,917
Total Non-Personnel 2,431,621 190,445 2,622,066
Total by Category 11,317,625 414,880 11,732,505
Dollars by Fund
General Fund 11,317,625 414,880 11,732,505
Total by Fund 11,317,625 414,880 11,732,505
536
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | N O N - DE P ART ME NT A L DEPARTMENT SUMMARY | NON-DEPARTMENTAL
FY 2024/25
Adopted
Budget
Amendments
FY 2024/25
Amended
Dollars by Category
Salary and Benefits
Salary 4,825,883 149,340 4,975,223
As-Needed 1,479,801 (455,337) 1,024,464
Overtime 3,176,967 598,640 3,775,607
Retirement 397,855 131,875 529,730
Health Allocation 92,148 40,185 132,333
Medicare 17,479 5,358 22,837
Social Security 55,311 14,662 69,973
Other Benefits 442,579 12,910 455,489
Total Salary and Benefits 10,488,023 497,633 10,985,656 Non-Personnel
Materials/Services/Supplies 23,867,592 (446,540) 23,421,052 Interfund Services 8,806,953 976,999 9,783,952
Transfers to Other Funds 6,770,839 11,314,761 18,085,600 Total Non-Personnel 39,445,384 11,845,220 51,290,604
Total by Category 49,933,407 12,342,853 62,276,260
Dollars by Fund
General Fund 31,638,763 10,080,223 41,718,986
Convention Center Enterprise Fund 18,284,444 2,262,630 20,547,074 Sports & Open Space Authority Fund 10,200 0 10,200
Total by Fund 49,933,407 12,342,853 62,276,260
537
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | P AR K S AN D R E C RE AT I ON
DE P A RT ME NT
DEPARTMENT SUMMARY | PARKS AND RECREATION
DEPARTMENT
FY 2024/25
Adopted
Budget
Amendments
FY 2024/25
Amended
Dollars by Category
Salary and Benefits
Salary 8,404,127 (144,194) 8,259,933
As-Needed 2,815,000 43,913 2,858,913
Overtime 64,627 12,953 77,580
Retirement 3,043,224 79,414 3,122,638
Health Allocation 1,249,783 137,118 1,386,901
Medicare 132,773 (850) 131,923
Social Security 555,297 (1,032) 554,265
Other Benefits 325,048 120,874 445,922
Total Salary and Benefits 16,589,879 248,196 16,838,075 Non-Personnel
Materials/Services/Supplies 6,359,703 21,526 6,381,229
Interfund Services 1,850,877 131,560 1,982,437
Transfers to Other Funds 31,322 1,815 33,137
Total Non-Personnel 8,241,902 154,901 8,396,803
Total by Category 24,831,781 403,097 25,234,878
Dollars by Fund
General Fund 22,809,299 362,748 23,172,047
Cemetery Fund 1,591,088 40,349 1,631,437
Community Facilities District 2019-1 Fund 248,531 0 248,531 Endowment Care Fund 30,000 0 30,000
Parks and Recreation Grant Trust Fund 152,363 0 152,363 Perpetual Care Fund 500 0 500
Total by Fund 24,831,781 403,097 25,234,878
538
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | P O LI CE D E P A RT ME NT DEPARTMENT SUMMARY | POLICE DEPARTMENT
FY 2024/25
Adopted
Budget
Amendments
FY 2024/25
Amended
Dollars by Category
Salary and Benefits
Salary 41,173,341 (315,598) 40,857,743
As-Needed 579,998 230,000 809,998
Overtime 2,311,249 0 2,311,249
Retirement 24,306,624 1,049,159 25,355,783
Health Allocation 4,219,965 450,183 4,670,148
Medicare 680,002 (2,849) 677,153
Social Security 707,838 2,123 709,961
Other Benefits 3,887,468 100,717 3,988,185
Total Salary and Benefits 77,866,485 1,513,735 79,380,220 Non-Personnel
Materials/Services/Supplies 3,634,334 0 3,634,334
Interfund Services 8,781,964 375,383 9,157,347
Capital Outlay 1,013,568 54,336 1,067,904
Total Non-Personnel 13,429,866 429,719 13,859,585
Total by Category 91,296,351 1,943,454 93,239,805
Dollars by Fund
General Fund 90,185,180 1,889,118 92,074,298
Communication Acquisitions Fund 1,013,568 54,336 1,067,904 Community Facilities District 2019-1 Lawrence
Station Fund
97,603 0 97,603
Total by Fund 91,296,351 1,943,454 93,239,805
539
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | D E P A RT ME N T O F P UB L I C
W O RK S
DEPARTMENT SUMMARY | DEPARTMENT OF PUBLIC WORKS
FY 2024/25
Adopted
Budget
Amendments
FY 2024/25
Amended
Dollars by Category
Salary and Benefits
Salary 15,492,862 95,373 15,588,235
As-Needed 153,033 134,095 287,128
Overtime 260,289 0 260,289
Retirement 5,420,881 209,508 5,630,389
Health Allocation 2,160,439 127,408 2,287,847
Medicare 239,207 601 239,808
Social Security 1,016,914 17,179 1,034,093
Other Benefits 745,967 (3,359) 742,608
Total Salary and Benefits 25,489,592 580,805 26,070,397 Non-Personnel
Materials/Services/Supplies 13,648,979 333,533 13,982,512 Resource/Production 32,762,738 376,775 33,139,513
Interfund Services 5,208,010 154,109 5,362,119
Franchise Tax 875,563 43,778 919,341
Capital Outlay 4,386,000 1,457,784 5,843,784
Transfers to Other Funds 8,229,654 3,450,063 11,679,717 Total Non-Personnel 65,110,944 5,816,042 70,926,986
Total by Category 90,600,536 6,396,847 96,997,383
Dollars by Fund
General Fund 26,728,107 596,902 27,325,009
Bridge Maintenance District #2 Fund 80,000 (80,000) 0
Community Facilities District 2019-1 Lawrence Station Fund 38,337 0 38,337
Convention Center Maintenance District Fund 1,774,119 88,706 1,862,825 Downtown Parking Maintenance District Fund 144,609 8,517 153,126 Fleet Management Fund 5,651,174 287,841 5,939,015
Gas Tax Fund 2,550,000 1,970,000 4,520,000
Public Works Capital Projects Management Services Fund 4,362,916 10,758 4,373,674 Road Repair and Accountability Act of 2017 SB1 Fund 2,500,000 1,801,915 4,301,915 Solid Waste Fund 40,785,274 539,924 41,325,198
Traffic Mitigation Fund 1,600,000 (269,000) 1,331,000
Vehicle Replacement Fund 4,386,000 1,441,284 5,827,284
Total by Fund 90,600,536 6,396,847 96,997,383
540
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | W AT E R A N D S E W E R UT I L IT IE S
DE P A RT ME NT
DEPARTMENT SUMMARY | WATER AND SEWER UTILITIES
DEPARTMENT
FY 2024/25
Adopted
Budget
Amendments
FY 2024/25
Amended
Dollars by Category
Salary and Benefits
Salary 9,318,982 (114,569) 9,204,413
As-Needed 254,929 0 254,929
Overtime 289,174 0 289,174
Retirement 3,174,362 58,528 3,232,890
Health Allocation 1,315,312 10,319 1,325,631
Medicare 140,383 (2,736) 137,647
Social Security 587,842 (3,605) 584,237
Other Benefits 445,264 1,084 446,348
Total Salary and Benefits 15,526,248 (50,979) 15,475,269 Non-Personnel
Materials/Services/Supplies 10,074,008 0 10,074,008
Resource/Production 66,883,335 (2,510,735) 64,372,600
Interfund Services 8,125,724 (27,344) 8,098,380
Capital Outlay 0 150,000 150,000
Transfers to Other Funds 20,311,315 (3,372,232) 16,939,083 Total Non-Personnel 105,394,382 (5,760,311) 99,634,071
Total by Category 120,920,630 (5,811,290) 115,109,340
Dollars by Fund
Sewer Utility Fund 50,232,161 (6,385,494) 43,846,667
Water Recycling Program Fund 9,502,867 (195,327) 9,307,540 Water Utility Fund 61,185,602 769,531 61,955,133
Total by Fund 120,920,630 (5,811,290) 115,109,340
541
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | A P P E ND I CE S FY 2024/25 OPERATING BUDGET AMENDMENTS DETAIL
BY FUND | GENERAL FUND
Category
Source of
Funds
Use of
Funds Explanation
Revenue and Expenditure Changes
Tax Revenues 4,562,000 Adjusts the tax revenue projections, including an increase to the Property Tax ($4.8 million) and Sales Tax ($548,000) categories, partially offset by reductions to the Transient Occupancy Tax (-$800,000) and Documentary Transfer Tax
(-$32,000) categories.
Interest 2,504,000 Increases the interest earnings estimate based on the higher interest yields on the City's portfolio.
Other Fees for Services 2,469,017 Adjusts various revenue estimates, including increases to the cost allocation plan and stadium-related reimbursements based on the projected costs for FY 2024/25.
Silicon Valley Power (SVP)
Transfer
500,000 Increases the SVP Transfer based on revised electric utility revenue estimates. In accordance with the City's Charter, SVP pays 5.0% of gross revenues to the General Fund.
Rents Revenue (892,082) Decreases the estimate for rent revenue, including downward adjustments to the Related project lease revenue estimate (-$750,000) due to changes in the project timeline, the elimination of the revenue from the Hyatt Ballroom lease (-$415,000) that will now be reflected in the Convention Center Enterprise Fund, the elimination of lease revenue for the Morse Mansion (-$196,000) as the lease has not been renewed, and other net downward adjustments (-$31,000), partially offset by an increase to the revenue estimate for the Commerce & Peddlers Plaza properties ($500,000).
Other Revenue Adjustments 639,550 Adjusts various revenue estimates based on revised projections for franchise fees, licenses and permits, fines and penalties, State revenue, and other revenue.
Transfers From Other Funds 14,527 Reflects increases from the following funds: transfer from the Building Development Services Fund (up $5K) and
transfer from the Electric Utility Fund (up $9K) based on revised calculations of the personnel costs that are
reimbursed from these funds.
542
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | A P P E ND I CE S FY 2024/25 OPERATING BUDGET AMENDMENTS DETAIL
BY FUND | GENERAL FUND
Category
Source of
Funds
Use of
Funds Explanation
Revenue and Expenditure Changes
Personnel - Salary and
Benefit Changes
5,666,210 Adjusts personnel costs to reflect updated salary and benefit costs based on negotiated salary agreements and the latest assumptions, required contributions to the Public Employees Retirement System (PERS), the latest benefit
costs, and actual incumbents. This includes the unfreezing of 1.0 Assistant City Manager position approved in FY
2023/24, the addition of 1.0 stadium-reimbursed
Management Analyst position in the City Manager’s Office approved as part of the FY 2024/25 Stadium Authority
Budget, the recommended unfreezing of 1.0 Assistant City Attorney position, partially offset by a reduction in consultant services, to ensure sufficient in-house legal expertise, the recommended addition of 1.0 Accountant in the Finance
Department, as well as minor position shifts and
reclassifications.
Materials, Services and
Supplies
1,467,812 Increases the materials, services and supplies budgets in various departments to account for adjustments in
contractual services, maintenance, and supplies based on updated costs (e.g., fire station maintenance, firefighter annual physical exams, street maintenance, deferred
compensation consulting services, and operating costs for capital projects scheduled to come online).
Interfund Services 2,439,326 Reflects updated costs for interfund services (Information Technology Department services, special liability fund, workers' compensation, Public Works capital project
management, vehicle equipment and maintenance, fleet
purchases, and communications equipment).
Transfers to Other Funds 9,192,274 Increases the transfer to other funds based on updated 2024/25 proposed capital projects funded in the FY 2024/25 and FY 2025/26 Biennial Capital Budget as well as minor changes to contributions to other funds (Fire Operating Grant Trust Fund, Convention Center Maintenance District Fund, and Downtown Parking Maintenance District Fund).
Police Department - Parks
Patrol
230,000 Adds reserve officer funding of $230,000 for parks patrols on weekdays from 3 p.m. to 11 p.m., Saturdays from 7
a.m. to 8 p.m., and Sundays from 11 a.m. to 7 p.m.
543
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | A P P E ND I CE S FY 2024/25 OPERATING BUDGET AMENDMENTS DETAIL
BY FUND | GENERAL FUND
Category
Source of
Funds
Use of
Funds Explanation
Revenue and Expenditure Changes
Library Department - Sunday
Hours at Central Park Library
91,640 Adds resources for Sunday hours at the Central Park Library, including funding for as-needed library staff ($52,140) and materials, services and supplies ($39,500) for utilities and security. The expanded hours are expected to be
implemented in 2025 and the funding reflects the partial year cost.
Parks & Recreation
Department - Senior Trips
32,000 45,100 Restores the Senior Trips program that was defunded during the pandemic. Funding is proposed for approximately 10
local trips annually ($25,074 for as-needed staff and $20,026 for non-personnel costs) that would be partially offset by fee revenue ($32,000). The net cost is estimated at $13,100.
Subtotal Revenue and
Expenditure Changes
9,829,012 19,132,362
Reserves and Fund
Balance Changes
Budget Stabilization Reserve
Beginning/Ending Balance
8,452,145 7,970,828 Adjusts the Budget Stabilization Reserve beginning and ending fund balance based on FY 2023/24 activity. The
adjustment to the ending fund balance is $481,317 less than the adjustment to the beginning fund balance due to the planned use of these funds to balance the FY 2024/25
budget. The FY 2024/25 ending fund balance totals $53.8 million, or 17.6% of the expenditure budget.
Capital Projects Reserve
Beginning Fund
Balance/Ending Fund Balance
17,728,551 2,761,825 Adjusts the Capital Projects Reserve beginning fund balance based on FY 2023/24 activity. The ending fund balance is increased by a lesser amount due to the allocation of the majority of the additional funds carried over from FY 2023/24 to recommended capital projects in the CIP.
Reserve for Programmed
Capital Projects Beginning
Fund Balance/Ending Fund
Balance
- 6,105,871 Increases the Reserve for Programmed Capital Projects ending fund balance to reflect the setting aside of these funds to cover the cost of capital projects recommended after the first year of the five-year CIP (2025/26 through FY 2028/29).
544
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | A P P E ND I CE S FY 2024/25 OPERATING BUDGET AMENDMENTS DETAIL
BY FUND | GENERAL FUND
Category
Source of
Funds
Use of
Funds Explanation
Reserves and Fund Balance Changes
Advanced Planning Fee
Reserve
1,563,483 1,563,483 Adjusts the Advanced Planning Fee Reserve beginning and ending fund balance based on FY 2023/24 activity.
Technology Fee Reserve 655,354 Adjusts the Technology Fee Reserve beginning and ending 655,354 fund balance based on FY 2023/24 activity.
Land Sale Reserve (1) Adjusts the Land Sale Reserve beginning and ending fund (1) balance based on FY 2023/24 activity.
Pension Stabilization Reserve 6,109,952 Adjusts the Pension Stabilization Reserve beginning and 6,109,952 ending fund balance based on FY 2023/24 activity.
Property Tax Education
Revenue Augmentation Fund
(ERAF) Reserve
4,823,000 Increases the Property Tax ERAF Reserve beginning fund 6,744,337 balance to reflect FY 2023/24 activity and increases the ending fund balance based on both FY 2023/24 and FY
2024/25 activity. Additional funding is set aside in this reserve in FY 2024/25 to account for the excess ERAF
property tax revenue that is subject to legal challenge.
Historical Preservation
Reserve
1,458 1,458 Increases the Historical Preservation Reserve beginning and ending fund balance based on FY 2023/24 activity.
Budget Balancing Reserve (480,155) (2,027,930) Decreases the Budget Balancing Reserve beginning fund balance based on estimated FY 2023/24 activity and
decreases the ending fund balance based on both FY
2023/24 and FY 2024/25 activity.
Unrestricted Beginning Fund
Balance/Unrestricted Ending
Fund Balance
334,740 Reflects the carryover of projected unspent funds from FY 2023/24 that will be used to support a limited number of additions in FY 2024/25 (Police Parks Patrol, Sunday Hours at Central Park Library, and Senior Center Trips).
Subtotal Reserves and
Fund Balance Changes
39,188,527 29,885,177
Total General Fund 49,017,539 49,017,539
545
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | A P P E ND I CE S FY 2024/25 OPERATING BUDGET AMENDMENTS DETAIL
BY FUND | SPECIAL REVENUE FUNDS
Category
Source of
Funds
Use of
Funds Explanation
Taxes - Ad Valorem 10,000 Increases the revenue received through the apportionment of secured property tax based on anticipated collection levels.
Transfer to Streets and
Highways Capital Fund
Eliminates the transfer to the Streets and Highways Capital (80,000) Fund to reflect updated costs associated with the
recommended capital improvements program projects.
Unrestricted Beginning Fund
Balance/Unrestricted Ending
Fund Balance
29,116 Adjusts the beginning and ending fund balances based on 119,116 anticipated fund activity.
Total Bridge Maintenance
District #2 Fund
39,116 39,116
Category
Source of
Funds
Use of
Funds Explanation
Building Development
Services - Total Salary and
Benefits
274,597 Increases personnel costs to reflect updated salary and benefit costs based on negotiated salary agreements,
required contributions to the Public Employees Retirement System (PERS), the latest benefit costs, and actual
incumbents. The budget also includes the addition of 4.0 positions (1.0 Office Specialist II, 1.0 Office Specialist III,
1.0 Office Specialist IV, and 1.0 Permit Technician)
approved in FY 2024/25 as part of the FY 2023/24 and FY 2024/25 Adopted Operating Budget.
Building Development
Services - Interfund Services
and Services From Other
Funds - Cost Allocation Plan
Reflects updated costs for interfund services (Information 72,155 Technology Department services, special liability fund, workers' compensation, Public Works capital project
management, vehicle equipment and maintenance, fleet
purchases, and communications equipment) and the Cost
Allocation Plan.
Building Development
Services - Materials,
Services, and Supplies
Adds one-time funding of $10,000 for onboarding costs 45,000 associated with the 4.0 FTE that were approved to be
added as part of the FY 2023/24 and FY 2024/25 Adopted
Operating Budget. One-time funding of $17,000 is also
included for the purchase of an additional license for
software used by Building engineers for structural analysis.
Ongoing funding of $15,000 for training and $3,000 for
increased maintenance costs are also reflected.
Bridge Maintenance District #2 Fund (463)
Building Development Services Fund (155)
546
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | A P P E ND I CE S FY 2024/25 OPERATING BUDGET AMENDMENTS DETAIL
BY FUND | SPECIAL REVENUE FUNDS
Category
Source of
Funds
Use of
Funds Explanation
Transfer to the General Fund Increases the transfer to the General Fund to reflect Code 5,134 Enforcement personnel costs eligible to be covered by
building fees.
Transfer to the General
Government Capital Fund
Increases the transfer to the General Government Capital 41,374 Fund to reflect updated costs associated with the
recommended capital improvement program projects.
Unrestricted Beginning Fund
Balance/Unrestricted Ending
Fund Balance
5,226,862 Adjusts the beginning and ending fund balances based on 4,788,602 anticipated fund activity.
Total Building Development
Services Fund
5,226,862 5,226,862
Category
Source of
Funds
Use of
Funds Explanation
Beginning and Ending Fund
Balance - CASp Reserve
(8,180) Adjusts the beginning and ending fund balances for the (8,180) CASp Reserve based on anticipated fund activity.
Beginning and Ending Fund
Balance - Seismic Admin
Reserve
17,430 Adjusts the beginning and ending fund balances for the 17,430 Seismic Admin Reserve based on anticipated fund activity.
Beginning and Ending Fund
Balance - Building Standard
Reserve
7,998 Adjusts the beginning and ending fund balances for the 7,998 Building Standard Reserve based on anticipated fund
activity.
Total Building Special
Programs and Training
Fund
17,248 17,248
Building Development Services Fund (155) Cont'd.
Building Special Programs and Training Fund (220)
547
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | A P P E ND I CE S FY 2024/25 OPERATING BUDGET AMENDMENTS DETAIL
BY FUND | SPECIAL REVENUE FUNDS
Category
Source of
Funds
Use of
Funds Explanation
City Affordable Housing - Total
Salary and Benefits
(2,134) Decreases personnel costs to reflect updated salary and benefit costs based on negotiated salary agreements,
required contributions to the Public Employees Retirement System (PERS), the latest benefit costs, and actual
incumbents.
City Affordable Housing -
Materials/Services/Supplies
104,500 Reallocates funding from the capital outlay appropriation to the Materials/Services/Supplies budget to reflect actual activity.
City Affordable Housing -
Interfund Services
295 Reflects updated costs for interfund services (Information Technology Department services, special liability fund, workers' compensation, Public Works capital project
management, vehicle equipment and maintenance, fleet
purchases, and communications equipment).
City Affordable Housing -
Capital Outlay
(104,500) Reallocates funding to the Materials/Services/Supplies budget from the capital outlay appropriation to reflect actual activity.
Unrestricted Beginning Fund
Balance/Unrestricted Ending
Fund Balance
(5,879,755) (5,877,916) Adjusts the beginning and ending fund balances based on anticipated fund activity.
Total City Affordable
Housing Fund
(5,879,755) (5,879,755)
Category
Source of
Funds
Use of
Funds Explanation
Special Tax Revenues (58,741) Decreases the special tax revenues estimate based on updated tax and CPI rate projections and updated residential development construction timeline.
Community Facilities District
2019-1 - Contractual Services
1,671 Increases contractual services costs to reflect tax consultant agreement renewal.
Capital Reserve Beginning
Fund Balance/Capital Reserve
Ending Fund Balance
(1,710) Adjusts the Capital Reserve beginning fund balance based (13,459) on anticipated fund activity.
Unrestricted Beginning Fund
Balance/Unrestricted Ending
Fund Balance
571,042 Adjusts the beginning and ending fund balances based on 522,379 anticipated fund activity.
Total Community Facilities
District 2019-1 Fund
510,591 510,591
City Affordable Housing Fund (165)
Community Facilities District 2019-1 Fund (027)
548
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | A P P E ND I CE S FY 2024/25 OPERATING BUDGET AMENDMENTS DETAIL
BY FUND | SPECIAL REVENUE FUNDS
Category
Source of
Funds
Use of
Funds Explanation
Other Fees for Services 53,543 Increases the other fees for services revenue estimate to align with updated contributions to support shared
maintenance and operations cost consistent with the
Director's Report brought forward for the district.
Transfer from General Fund 35,163 Increases the transfer from the General Fund to align with updated contributions to support shared maintenance and operations cost consistent with the Director's Report brought forward for the district.
Public Works - Salary and
Benefits
Increases personnel costs to reflect updated salary and 293 benefit costs for budgeted positions.
Public Works - Contractual
Services
Increases the routine maintenance expenses based on an 100,483 assessment of needs. The revised cost is consistent with the Director's Report brought forward for the district.
Public Works - Interfund
Services and Cost Allocation
Plan
Reflects updated costs for interfund services (special liability (12,070) fund and workers' compensation) and the City's Cost
Allocation Plan.
Unrestricted Beginning Fund
Balance/Unrestricted Ending
Fund Balance
116,459 Adjusts the beginning and ending fund balances based on 116,459 anticipated fund activity.
Total Convention Center
Maintenance District Fund
205,165 205,165
Category
Source of
Funds
Use of
Funds Explanation
Unrestricted Beginning Fund
Balance/Unrestricted Ending
Fund Balance
(3,301,046) (3,301,046) Adjusts the beginning and ending fund balances based on anticipated fund activity.
Total Developer Traffic
Payments Fund
(3,301,046) (3,301,046)
Convention Center Maintenance District Fund (026)
Developer Traffic Payments Fund (124)
549
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | A P P E ND I CE S FY 2024/25 OPERATING BUDGET AMENDMENTS DETAIL
BY FUND | SPECIAL REVENUE FUNDS
Category
Source of
Funds
Use of
Funds Explanation
Public Works - Interest 330 Increases the interest earnings revenue estimate to reflect actual collection trends.
Public Works - Misc.
Charges for Current Services
(330) Decreases the property owner payments towards the district's costs and expenses due to higher interest earned from prior years' property owner assessments that are
applied to the payment.
Transfer from the General
Fund
(7,650) Decreases the transfer from the General Fund based on anticipated expenditures for maintenance and operations.
Public Works - Salary and
Benefits
Decreases personnel costs to reflect updated salary and (9,127) benefit costs for budgeted positions.
Public Works - Interfund
Services
Increases the allocation for interfund services based on the 1,144 FY 2024/25 distribution of costs across City funds.
Public Works - Capital Outlay Increases the Capital Outlay for removal and replacement of 16,500 sections of concrete throughout Franklin Square Mall that are beyond grinding to prevent hazardous conditions.
Funding will be provided by previously collected property owner assessments in the Reserve for Maintenance.
Beginning / Ending Fund
Balance - Reserve for
Maintenance
(16,031) 469 Adjusts the beginning and ending fund balance for the Reserve for Maintenance based on anticipated fund activity.
Unrestricted Beginning Fund
Balance/Unrestricted Ending
Fund Balance
86,509 Adjusts the beginning and ending fund balances based on 86,842 anticipated fund activity.
Total Downtown Parking
Maintenance District Fund
79,328 79,328
Category
Source of
Funds
Use of
Funds Explanation
Other Fees for Services 50,000 Increases the other fees for services revenue estimate based on actual revenue trends.
Unrestricted Beginning Fund
Balance/Unrestricted Ending
Fund Balance
116,640 Adjusts the beginning and ending fund balances based on 166,640 anticipated fund activity.
Total Endowment Care
Fund
166,640 166,640
Downtown Parking Maintenance District Fund (025)
Endowment Care Fund (077)
550
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | A P P E ND I CE S FY 2024/25 OPERATING BUDGET AMENDMENTS DETAIL
BY FUND | SPECIAL REVENUE FUNDS
Category
Source of
Funds
Use of
Funds Explanation
Other Fees for Service 195,750 Increases the revenue estimate for Fire development fees based on actual trends and updated revenue projections.
Fire Development Services -
Total Salary and Benefits
58,758 Increases personnel costs to reflect updated salary and benefit costs based on negotiated salary agreements,
required contributions to the Public Employees Retirement System (PERS), the latest benefit costs, and actual
incumbents.
Fire Development Services -
Interfund Services and
Services From Other Funds -
Cost Allocation Plan
64,346 Reflects updated costs for interfund services (Information Technology Department services, special liability fund, workers' compensation, Public Works capital project
management, vehicle equipment and maintenance, fleet
purchases, and communications equipment) and the Cost
Allocation Plan.
Unrestricted Beginning Fund
Balance/Unrestricted Ending
Fund Balance
1,347,578 1,420,224 Adjusts the beginning and ending fund balances based on anticipated fund activity.
Total Fire Development
Services Fund
1,543,328 1,543,328
Category
Source of
Funds
Use of
Funds Explanation
Transfer from General Fund /
Staffing for Adequate Fire
and Emergency Response
(SAFER)
(216,231) Decreases the transfer from the General Fund due to lower anticipated SAFER grant expenditures based on updated
salary and benefit costs.
Staffing for Adequate Fire
and Emergency Response
(SAFER)
Decreases personnel costs for the grant to reflect updated (216,231) salary and benefit costs based on negotiated salary
agreements, required contributions to the Public Employees Retirement System (PERS), the latest benefit costs, and actual incumbents.
Total Fire Operating Grant
Trust Fund
(216,231) (216,231)
Fire Development Services Fund (158)
Fire Operating Grant Trust Fund (178)
551
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BY FUND | SPECIAL REVENUE FUNDS
Category
Source of
Funds
Use of
Funds Explanation
Transfer to the Streets and
Highways Capital Fund
Increases the transfer from the Gas Tax Fund to the Streets 1,970,000 and Highways Capital Fund to align with funding required for various Transportation capital projects.
Unrestricted Beginning Fund
Balance/Unrestricted Ending
Fund Balance
(109,436) (2,079,436) Adjusts the beginning and ending fund balances based on anticipated fund activity.
Total Gas Tax Fund (109,436) (109,436)
Category
Source of
Funds
Use of
Funds Explanation
Other Agencies Revenue 342,788 Increases revenues to reflect the total expected resources from the U.S. Department of Housing and Urban
Development in the form of Community Development Block
Grant and HOME Investment Partnerships Program (HOME)
funds. Additionally, this action increases the allocation amounts as outlined in the Annual Action Plan for FY
2024/25. These amounts are subject to change pending the City Council's approval of the Final Annual Action Plan on May 7, 2024.
Other Revenue 670,746 Increases revenues to reflect the total expected resources from the U.S. Department of Housing and Urban
Development in the form of program income. This action
increases the allocation amounts as outlined in the Annual Action Plan for FY 2024/25. These amounts are subject to change pending the City Council's approval of the Final Annual Action Plan on May 7, 2024.
Housing and Urban
Development - Public Services
Increases the Public Services appropriation based on the 143,590 anticipated activity for CDBG programs and administration costs.
Housing and Urban
Development - CIP - CDBG
Decreases the CIP - CDBG appropriation as outlined in the (286,415) Annual Action Plan for FY 2024/25. These amounts are
subject to change pending the City Council's approval of the Final Annual Action Plan on May 7, 2024.
Gas Tax Fund (121)
Housing and Urban Development Fund (562)
552
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | A P P E ND I CE S FY 2024/25 OPERATING BUDGET AMENDMENTS DETAIL
BY FUND | SPECIAL REVENUE FUNDS
Category
Source of
Funds
Use of
Funds Explanation
Housing and Urban
Development - Curb Cuts
Establishes an appropriation for Curb Cuts as outlined in the 600,000 Annual Action Plan for FY 2024/25. These amounts are
subject to change pending the City Council's approval of the Final Annual Action Plan on May 7, 2024.
Housing and Urban
Development - Silicon Valley
Rebuilding Together
Increases the Rebuilding Together program as outlined in the 50,000 Annual Action Plan for FY 2024/25. These amounts are
subject to change pending the City Council's approval of the Final Annual Action Plan on May 7, 2024.
Housing and Urban
Development - Rehabilitation -
Affordable Rental Housing
Increases the Rehabilitation - Affordable Rental Housing 100,000 appropriation as outlined in the Annual Action Plan for FY 2024/25. These amounts are subject to change pending the City Council's approval of the Final Annual Action Plan on May 7, 2024.
Housing and Urban
Development - HOME
Administrative Contracts
Increases the HOME administrative contracts appropriation 3,894 based on the anticipated activity for HOME programs and administration costs.
Housing and Urban
Development - CHDO Project
Increases the CHDO project appropriation as outlined in the 54,696 Annual Action Plan for FY 2024/25. These amounts are
subject to change pending the City Council's approval of the Final Annual Action Plan on May 7, 2024.
Housing and Urban
Development - Homeless
Tenant Based Rental
Assistance
Increases the Homeless Tenant Based Rental Assistance 347,769 appropriation as outlined in the Annual Action Plan for FY 2024/25. These amounts are subject to change pending the City Council's approval of the Final Annual Action Plan on May 7, 2024.
Housing and Urban
Development - HOME
American Rescue Plan
Program
Eliminates the HOME American Rescue Plan Program as (596,847) outlined in the Annual Action Plan for FY 2024/25. These amounts are subject to change pending the City Council's approval of the Final Annual Action Plan on May 7, 2024.
Unrestricted Beginning Fund
Balance/Unrestricted Ending
Fund Balance
(946,212) Adjusts the beginning and ending fund balances based on (349,365) anticipated fund activity.
Total Housing and Urban
Development Fund
67,322 67,322
Housing and Urban Development Fund (562) Cont'd.
553
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BY FUND | SPECIAL REVENUE FUNDS
Category
Source of
Funds
Use of
Funds Explanation
Housing Authority - Total
Salary and Benefits
Increases personnel costs to reflect updated salary and 4,013 benefit costs based on negotiated salary agreements,
required contributions to the Public Employees Retirement System (PERS), the latest benefit costs, and actual
incumbents.
Housing Authority -
Materials/Services/Supplies
Increases the Materials/Services/Supplies budget to reflect 50,178 an increase to contractual services for mobile showers and laundry services.
Housing Authority - Interfund
Services
Reflects updated costs for interfund services (Information 159 Technology Department services, special liability fund, workers' compensation, Public Works capital project
management, vehicle equipment and maintenance, fleet
purchases, and communications equipment).
Unrestricted Beginning Fund
Balance/Unrestricted Ending
Fund Balance
612,873 Adjusts the beginning and ending fund balances based on 558,523 anticipated fund activity.
Total Housing Authority
Fund
612,873 612,873
Category
Source of
Funds
Use of
Funds Explanation
Housing Successor Agency -
Total Salary and Benefits
2,920 Increases personnel costs to reflect updated salary and benefit costs based on negotiated salary agreements,
required contributions to the Public Employees Retirement System (PERS), the latest benefit costs, and actual
incumbents.
Housing Successor Agency -
Materials, Services, and
Supplies
(183) Decreases the Materials/Services/Supplies budget to reflect various cost adjustments.
Housing Successor Agency -
Interfund Services and
Services From Other Funds -
Cost Allocation Plan
Reflects updated costs for interfund services (Information 379 Technology Department services, special liability fund, workers' compensation, Public Works capital project
management, vehicle equipment and maintenance, fleet
purchases, and communications equipment) and the Cost
Allocation Plan.
Unrestricted Beginning Fund
Balance/Unrestricted Ending
Fund Balance
(659,844) Adjusts the beginning and ending fund balances based on (662,960) anticipated fund activity.
Total Housing Successor
Agency Fund
(659,844) (659,844)
Housing Authority Fund (164)
Housing Successor Agency Fund (169)
554
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BY FUND | SPECIAL REVENUE FUNDS
Category
Source of
Funds
Use of
Funds Explanation
Unrestricted Beginning Fund
Balance/Unrestricted Ending
Fund Balance
11,995 Adjusts the beginning and ending fund balances based on 11,995 anticipated fund activity.
Total Parks and Recreation
Operating Grant Fund
11,995 11,995
Category
Source of
Funds
Use of
Funds Explanation
Unrestricted Beginning Fund
Balance/Unrestricted Ending
Fund Balance
(908,515) (908,515) Adjusts the beginning and ending fund balances based on anticipated fund activity.
Total Public, Educational
and Governmental Fee
Fund
(908,515) (908,515)
Category
Source of
Funds
Use of
Funds Explanation
Public Works - SB 1 Revenue 400,000 Increases the revenue estimate for SB1 collections based upon updated information included in the California Local Government Finance Almanac.
Interest (40,000) Decreases the interest revenue estimate to account for anticipated lower cash balances after transfer of funds.
Transfer to Streets and
Highways Capital Fund
Increases the transfer from the Road Repair and 1,801,915 Accountability Act of 2017 SB1 Fund to the Streets and
Highways Capital Fund to provide additional funding required for various Transportation capital projects.
Unrestricted Beginning Fund
Balance/Unrestricted Ending
Fund Balance
629,422 Adjusts the beginning and ending fund balances based on (812,493) anticipated fund activity.
Total Road Repair and
Accountability Act of 2017
SB1 Fund
989,422 989,422
Public, Educational and Governmental Fee Fund (221)
Parks and Recreation Operating Grant Trust Fund (111)
Road Repair and Accountability Act of 2017 SB1 Fund (122) 555
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | A P P E ND I CE S FY 2024/25 OPERATING BUDGET AMENDMENTS DETAIL
BY FUND | SPECIAL REVENUE FUNDS
Category
Source of
Funds
Use of
Funds Explanation
Interest (100,000) Decreases the interest revenue estimate to account for anticipated lower cash balance after transfer of funds.
Transfer to the Streets and
Highways Capital Fund
(269,000) Decreases the transfer to the Streets and Highways Capital Fund to align with funding required for various
Transportation capital projects.
Unrestricted Beginning Fund
Balance/Unrestricted Ending
Fund Balance
(761,690) Adjusts the beginning and ending fund balances based on (592,690) anticipated fund activity.
Total Traffic Mitigation Fund (861,690) (861,690)
Total Special Revenue
Funds
(2,466,627) (2,466,627)
Traffic Mitigation Fund (123)
556
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BY FUND | ENTERPRISE FUNDS
Category
Source of
Funds
Use of
Funds Explanation
Parks and Recreation -
Cemetery - Salary and
Benefits
Increases personnel costs to reflect updated salary and 7,506 benefit costs based on negotiated salary agreements,
required contributions to the Public Employees Retirement System (PERS), the latest benefit costs, and actual
incumbents.
Parks and Recreation -
Cemetery - Interfund Services
and Services From Other
Funds - Cost Allocation Plan
Reflects updated costs for interfund services (Information 31,028 Technology Department services, special liability fund, workers' compensation, Public Works capital project
management, vehicle equipment and maintenance, fleet
purchases, and communications equipment) and the Cost
Allocation Plan.
Transfer to General
Government Capital Fund
Increases the transfer to the General Government Capital 1,815 Fund to reflect the updated cost for capital projects
programmed in the FY 2024/25 proposed capital budget.
Unrestricted Beginning Fund
Balance/Unrestricted Ending
Fund Balance
108,807 68,458 Adjusts the beginning and ending fund balances based on anticipated fund activity.
Total Cemetery Fund 108,807 108,807
Category
Source of
Funds
Use of
Funds Explanation
Non-Departmental - Rents 420,000 Establishes a revenue estimate for rent associated with the Hyatt Ballroom lease. This revenue was previously allocated to the General Fund.
Non-Departmental - Total
Salary and Benefits
105,361 Increases the personnel costs to reflect updated salary and benefit costs based on negotiated salary agreements,
required contributions to the Public Employees Retirement System (PERS), the latest benefit costs, and actual
incumbents.
Non-Departmental -
Materials/Services/Supplies
202,655 Per the City's agreement with OVG360, the management group is eligible for an incentive fee based on the Convention Center performance. This action increases the
materials/services/supplies appropriation to account for these fees, offset by a reduction to the Indirect Expense line item below.
Cemetery Fund (093)
Convention Center Enterprise Fund (860)
557
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | A P P E ND I CE S FY 2024/25 OPERATING BUDGET AMENDMENTS DETAIL
BY FUND | ENTERPRISE FUNDS
Category
Source of
Funds
Use of
Funds Explanation
Non-Departmental - Services
from Other Funds - Cost
Allocation Plan
137,299 Reflects updated costs allocated to the Convention Center Enterprise Fund for the Cost Allocation Plan. For this fund, the change reflects the increase in property insurance costs associated with the Convention Center that are allocated through the Cost Allocation Plan. The property insurance cost is now eliminated from the Indirect Expense line item below.
Convention Center - Indirect
Expense
(332,685) OVG's FY 2024/25 Operating Budget included costs for property insurance and incentive fees. Per the current
Management Agreement, "Operating Expenses'' does not
include debt service on the Convention Center, Capital
Expenditures, property taxes, insurance on the Facility or the City's property or contents within the Convention Center, or the Incentive Fee, all of which costs shall be borne by the City." This action reduces the Indirect Expense line by the property insurance and incentive fee.
Transfer to Convention Center
Capital Fund
2,150,000 Establishes a transfer to the Convention Center Capital Fund to provide funding for the replacement of the air walls in the Grand Ballroom and various upgrades to the bathrooms
throughout the Center.
Beginning and Ending Fund
Balance - Restricted - Levy
275,470 275,470 Adjusts the beginning and ending Restricted - Levy fund balance based on anticipated fund activity.
Beginning and Ending Fund
Balance - Operating Surplus
(104,169) (425,802) Eliminates the Operating Surplus Reserve as this funding should be included in the unrestricted beginning and ending fund balance.
Unrestricted Beginning Fund
Balance/Unrestricted Ending
Fund Balance
3,308,714 1,787,717 Adjusts the beginning and ending fund balances based on anticipated fund activity.
Total Convention Center
Enterprise Fund
3,900,015 3,900,015
Category
Source of
Funds
Use of
Funds Explanation
Electric Department - Charges
for Services
(1,098,507) Decreases the revenue estimate based on the updated load forecast which anticipates lower energy sales.
Convention Center Enterprise Fund (860) Cont'd.
Electric Operating Grant Trust Fund (191)
558
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | A P P E ND I CE S FY 2024/25 OPERATING BUDGET AMENDMENTS DETAIL
BY FUND | ENTERPRISE FUNDS
Category
Source of
Funds
Use of
Funds Explanation
Electric Department -
Greenhouse Gas
9,740,325 Increases the revenue estimate based on anticipated auction floor prices.
Electric Department -
Contribution In-Lieu
(54,925) Decreases the contribution in-lieu cost to align with the lower revenue estimates.
Electric Department - Total
Salary and Benefits
Increases personnel costs to reflect updated salary and 16,171 benefit costs based on negotiated salary agreements,
required contributions to the Public Employees Retirement System (PERS), the latest benefit costs, and actual
incumbents.
Electric Department - Interfund
Services
Reflects updated costs for interfund services (Information 918 Technology Department services, special liability fund, workers' compensation, Public Works capital project
management, vehicle equipment and maintenance, fleet
purchases, and communications equipment).
Transfer to Electric Utility
Capital Fund
2,750,000 Increases the transfer to the Electric Utility Capital Fund for the Battery Energy Storage System CIP Project #2461.
Transfer to Electric Utility
Fund
32,046,100 Increases the transfer to the Electric Utility Fund from Greenhouse Gas revenue to pay for renewable power
purchase under resource and production expenses.
Transfer to Vehicle
Replacement Fund
(1,050,000) Decreases the transfer to the Vehicle Replacement Fund for the purchase of electric vehicles to replace vehicles in the City fleet based on anticipated activity in FY 2024/25.
Transfer to Streets and
Highway Capital Fund
Increases the transfer to the Streets and Highway Capital 808,855 Fund for the Cupertino-Santa Clara On-Demand Shuttle CIP Project #1288.
Beginning and Ending Fund
Balance - Public Benefits
7,420,067 (17,383,234) Adjusts the beginning and ending fund balances for Public Benefits based on anticipated fund activity.
Beginning and Ending Fund
Balance - Low Carbon Fuel (1,625,409) (2,436,906) Adjusts the beginning and ending fund balances for Low Carbon Fuel based on anticipated fund activity.
Beginning and Ending Fund
Balance - Greenhouse Gas
12,776,462 12,515,959 Adjusts the beginning and ending fund balances for Greenhouse Gas based on anticipated fund activity.
Total Electric Operating
Grant Trust Fund
27,212,938 27,212,938
Electric Operating Grant Trust Fund (191) Cont'd.
559
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | A P P E ND I CE S FY 2024/25 OPERATING BUDGET AMENDMENTS DETAIL
BY FUND | ENTERPRISE FUNDS
Category
Source of
Funds
Use of
Funds Explanation
Electric Department -
Customer Service Charge
(38,844,091) Decreases the revenue estimate due to a load forecast change, which is associated with changes to energization dates for new substations and updated customer schedules.
This decrease also factors in a lower assumed rate increase, 5%, instead of the 7% that was originally anticipated in the previously adopted FY 2024/25 budget.
Electric Department - Interest
Income
1,604,190 Increases interest and investment income estimate due to more cash on hand projected.
Electric Department -
Wholesale and Restricted
Revenue
4,182,436 Increase in revenue to reflect the following: increase in Capacity Sales ($1.4 M) revenue, Congestion Rights ($2.6 M), and Renewable Energy Credit ($0.2 M) revenues.
Transfer In from Electric
Operating Grant Trust Fund
32,046,100 Increases the transfer from the Electric Operating Grant Trust Fund due to an increase in the Greenhouse Gas
Revenue forecast to pay for resources and production costs to purchase renewable power.
Electric Department - Total
Salary and Benefits
1,412,775 Increases personnel costs to reflect updated salary and benefit costs based on negotiated salary agreements,
required contributions to the Public Employees Retirement System (PERS), the latest benefit costs, and actual
incumbents.
Electric Department - Interfund
Services and Services From
Other Funds - Cost Allocation
Plan
Reflects updated costs for interfund services (Information 372,956 Technology Department services, special liability fund, workers' compensation, vehicle equipment and maintenance, fleet purchases, and communications equipment) and the
Cost Allocation Plan.
Electric Department -
Materials/Services/Supplies
(Substation Maintenance)
Increases the maintenance budget to address deferred 60,000 maintenance for over 60 substation HVAC units and includes additional units from new substations that are being added to the maintenance schedule.
Electric Department -
Materials/Services/Supplies
(Generation)
1,000,000 Increases the ongoing maintenance budget for the planned outage at Donald Von Raesfeld power plant to account for additional costs required to perform relay testing, breaker testing, battery charger and Uninterruptible Power Supply (UPS) maintenance, penstock assessment, and valve
inspection and repair during outage.
Electric Utility Fund (091)
560
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | A P P E ND I CE S FY 2024/25 OPERATING BUDGET AMENDMENTS DETAIL
BY FUND | ENTERPRISE FUNDS
Category
Source of
Funds
Use of
Funds Explanation
Electric Department -
Materials/Services/Supplies
Decreases the Materials/Services/Supplies budget to (15,300) remove insurance premiums that are already incorporated into the property premium.
Electric Department - Capital
Outlay (Substation
Maintenance)
Increases funding to purchase equipment needed for 620,000 substation maintenance: 2 remote racking devices for
metalclad switchgear which improve safety for employee
arc exposure at Agnew and Homestead substations; a
corona camera for detecting UV signals in full daylight to locate faulty equipment and dirt to support the Substation Insulator Washing Program for preventative maintenance; a SF6 imaging camera that can scan 60KV circuit
breakers and above voltage levels to detect and locate gas leaks which will help meet additional SF6 compliance; and a gas cart, which extracts and replenishes gas to the
circuit braker, to replace the current gas cart that is too small to handle larger circuit breakers.
Electric Department - Capital
Outlay (Transmission and
Distribution)
1,255,000 Increases funding to purchase vehicles and other equipment for the Transmission and Distribution crew for maintenance and troubleshooting needed for the
Operations Division. Four line crews are in operation.
Each is equipped with a digger derrick, a bucket truck, a van, a pickup, and a trailer. Currently one of the crews utilizes rented equipment. Funding is provided to purchase a digger derrick and bucket truck for the fourth crew line.
A new trailer is also needed to support underground and overhead works.
Electric Department -
Contribution In-Lieu
(1,724,145) Decreases contribution in-lieu funding to the General Fund based on the revenue forecast reduction.
Electric Utility Fund (091) Cont'd.
561
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | A P P E ND I CE S FY 2024/25 OPERATING BUDGET AMENDMENTS DETAIL
BY FUND | ENTERPRISE FUNDS
Category
Source of
Funds
Use of
Funds Explanation
Electric Department -
Resources and Production
(52,749,846) Decreases the budget for resources and production costs reflecting the updated forecast primarily due to decreases in market purchases/Sales/Power Purchase Agreements (-$25
million) based on energy consumption and market price
stabilization; decreases in Transmission Access Charges (TAC) (-$31 million) based on updated TAC rates published by CASIO combined with updated sales estimate; decreases to other market transactions (-$7.9 million) such as ancillary services, resource adequacy, congestion revenue rights, and renewable energy credits; and an increase to gas
compliance costs ($11.1 million) due to increased cost of purchased credits required to meet Greenhouse Gas
compliance regulatory requirements.
Transfer to General Fund Increase to the transfer to the General Fund for positions 9,393 that provide support to SVP and are funded by SVP, 1.0
Human Resource Technician in the Human Resources
Department and 1.0 Management Analyst in the Finance
Department based on updated personnel costs . Funding for these positions is provided through transfers in FY 2024/25 but will be incorporated into the Cost Allocation Plan in years after FY 2024/25.
Transfer to General
Government Capital Fund
Decreases the transfer to the General Government Capital (218,623) Fund to reflect the updated cost for capital projects
programmed in the FY 2024/25 proposed capital budget.
Transfer to Electric Utility
Capital Fund
8,331,026 Increases the transfer to the Electric Utility Capital Fund to reflect the updated cost for capital projects programmed in the FY 2024/25 proposed capital budget.
Transfer to Street Lighting
Capital Fund
1,190,000 Increases the transfer to the Street Lighting Capital Fund to reflect the updated cost for capital projects programmed in the FY 2024/25 proposed capital budget.
Transfer to Electric Debt
Service Fund
(18,742,168) Decreases the transfer to the Debt Service Fund to reflect the updated anticipated debt schedule programmed for the FY 2024/25 proposed capital budget.
Electric Utility Fund (091) Cont'd.
562
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | A P P E ND I CE S FY 2024/25 OPERATING BUDGET AMENDMENTS DETAIL
BY FUND | ENTERPRISE FUNDS
Category
Source of
Funds
Use of
Funds Explanation
Beginning and Ending Fund
Balance - Infrastructure
Reserve
20,000,000 40,000,000 Adjusts the Infrastructure Reserve balances based on anticipated fund activity.
Beginning and Ending Fund
Balance - Operations and
Maintenance Reserve
25,114,287 54,838,939 Adjusts the Operations and Maintenance Reserve balances based on anticipated fund activity.
Beginning and Ending Fund
Balance - Pension Trust
Reserve
2,457,667 2,170,748 Adjusts the Pension Trust Reserve balances based on anticipated contributions.
Beginning and Ending Fund
Balance - Rate Stabilization
Reserve
122,708 (3,580,652) Adjusts the Rate Stabilization Reserve balances based on anticipated fund activity.
Beginning and Ending Fund
Balance - Trading Restricted
Reserve
1,608,225 1,608,225 Adjusts the Trading Restricted Reserve balances based on anticipated fund activity.
Unrestricted Beginning Fund
Balance/Unrestricted Ending
Fund Balance
22,787,229 35,240,423 Adjusts the beginning and ending fund balances based on anticipated fund activity.
Total Electric Utility Fund 71,078,751 71,078,751
Category
Source of
Funds
Use of
Funds Explanation
Water & Sewer Utility
Department - Other Agencies
Revenue
25,000 Increases the Other Agencies Revenue estimate to reflect historical and anticipated activity. This line item includes any reimbursements from the City of San Jose for the Regional Wastewater Facility operations.
Water & Sewer Utility
Department - Charges for
Services
(489,100) Decreases the Charges for Services estimate to reflect anticipated activity.
Water & Sewer Utility
Department - Salary and
Benefits
(141,488) Decreases personnel costs to reflect updated salary and benefit costs based on negotiated salary agreements,
required contributions to the Public Employees Retirement System (PERS), the latest benefit costs, and actual
incumbents.
Electric Utility Fund (091) Cont'd.
Sewer Utility Fund (094)
563
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | A P P E ND I CE S FY 2024/25 OPERATING BUDGET AMENDMENTS DETAIL
BY FUND | ENTERPRISE FUNDS
Category
Source of
Funds
Use of
Funds Explanation
Water & Sewer Utility
Department - Interfund
Services and Services From
Other Funds - Cost Allocation
Plan
327,761 Reflects updated costs for interfund services (Information Technology Department services, special liability fund, workers' compensation, Public Works capital project
management, vehicle equipment and maintenance, fleet
purchases, and communications equipment) and the Cost
Allocation Plan.
Water & Sewer Utility
Department -
Resource/Production
(22,264) Decreases the resource/production allocation to reflect anticipated activity in the Sewer Utility.
Transfer to the General
Government Capital Fund
(22,874) Decreases the transfer to the General Government Capital Fund to reflect the updated cost for capital projects
programmed in the FY 2024/25 proposed capital budget.
Transfer to the Sewer Utility
Capital Fund
(5,476,629) Decreases the transfer to the Sewer Utility Capital Fund to reflect the updated cost for capital projects programmed in the FY 2024/25 proposed capital budget. This primarily
reflects a reduction in the transfer necessary to support the S.J. - S.C. Regional Wastewater Facility project.
Transfer to the Sewer Utility
Debt Service Fund
(1,050,000) Decreases the Transfer to the Sewer Utility Debt Service Fund to reflect the updated debt service costs for FY
2024/25.
Ending Fund Balance - Rate
Stabilization Reserve
Adjusts the Rate Stabilization Reserve balances based on (48,910) anticipated contributions.
Ending Fund Balance -
Operations and Maintenance
Reserve
6,000,000 Adjusts the Operations and Maintenance Reserve balances based on anticipated contributions.
Ending Fund Balance -
Infrastructure Reserve
Adjusts the Infrastructure Reserve balances based on 495,793 anticipated contributions.
Beginning and Ending Fund
Balance - Pension
Stabilization Reserve
224,538 Adjusts the Pension Stabilization Reserve balances based 206,930 on anticipated contributions.
Unrestricted Beginning Fund
Balance/Unrestricted Ending
Fund Balance
2,924,629 2,416,748 Adjusts the beginning and ending fund balances based on anticipated fund activity.
Total Sewer Utility Fund 2,685,067 2,685,067
Sewer Utility Fund (094) Cont'd.
564
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | A P P E ND I CE S FY 2024/25 OPERATING BUDGET AMENDMENTS DETAIL
BY FUND | ENTERPRISE FUNDS
Category
Source of
Funds
Use of
Funds Explanation
Solid Waste - Other Fees For
Services (Refuse Collection
Charges)
323,425 Increases the Other Fees for Services Revenue estimate for refuse collection charges consistent with the FY 2021/22 Rate Study which was updated to include projections for FY 2024/25. The increases are based on updated customer
garbage rates that incorporate increases necessary to cover cost of service for garbage, Clean Green, and recycling collection charges. This amount includes increases to cover costs associated with SB 1383 requirements.
Solid Waste - Other Fees For
Services (Lease Revenues)
(13,000) Decreases the Other Fees for Services revenue due to eliminating the lease revenue from the landfill. This is budgeted directly in the Solid Waste Capital Fund in the Sanitary Landfill Development - Post Closure project.
Solid Waste - Charges for
Services (Clean-up Campaign)
222,432 Increases the Charges for Services revenue estimate for the clean-up campaign to reflect the first increase since 2021, from $6.28 to $6.59 per month. This increase covers higher DPW staffing, contractual services, and disposal costs.
Solid Waste - Other Agencies
Revenue
(18,000) Decreases the Other Agencies Revenue estimate based on anticipated lower landfill disposal fee collection. The AB 939 implementation fee is applied to every ton disposed in a landfill. With mixed waste processing diverting organics from the landfill, there is anticipated to be less materials to dispose.
Solid Waste - Salary and
Benefits
Increases personnel costs to reflect updated salary and 198,227 benefit costs based on negotiated salary agreements,
required contributions to the Public Employees Retirement System (PERS), the latest benefit costs, and actual
incumbents. The increase is also a result of a base budget shift of contractual services funds for as-needed Clean up Campaign staff.
Solid Waste - Contribution in
Lieu
Increases the contribution in lieu budget to align with 43,778 anticipated activity levels and revenue forecast.
Solid Waste Fund (096)
565
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | A P P E ND I CE S FY 2024/25 OPERATING BUDGET AMENDMENTS DETAIL
BY FUND | ENTERPRISE FUNDS
Category
Source of
Funds
Use of
Funds Explanation
Solid Waste -
Materials/Services/Supplies
Decreases the Materials/Services/Supplies budget to reflect (134,095) a base shift from contractual services to as-needed budget in salaries and benefits. As-needed staff are used for Cleanup Campaign instead of contractual services.
Solid Waste -
Resource/Production
(Additional Drop-off Events)
40,000 Increases the Resource and Production budget for two additional free resident drop-off events at the Mission Trail transfer station as directed by Council in RTC 23-592 on July 11, 2023.
Solid Waste -
Resource/Production
(Household Hazardous Waste
Program)
187,083 Increases the resource and production budget for the household hazardous waste (HHW) program, payment to
Santa Clara County. Most of HHW costs are paid for by the HHW component of the AB 939 Implementation Fee which
is $2.60/ton disposed at a landfill. The HHW fees are
collected and kept by the County to offset countywide HHW program costs. The City has to fund any shortfalls of
disposal tonnage revenue to enable all residents to
participate in the program. Disposal tonnage is declining with the implementation of SB 1383 mandated organics
diversion programs so less disposal fee revenue is
collected. Countywide HHW program operating costs rise
annually. Solid Waste -
Resource/Production
(Garbage Collection, Disposal
and Recycling)
149,692 Net increase to the budget for residential and commercial garbage collection and disposal services based on changes to various agreements: MTWS (garbage, yard waste,
Cleanup Campaign collection services), GWR (mixed waste processing/processing of residential recyclables),
IDC/Newby Island (disposal of garbage residual received), Recology (collection of residential recycling), and
BFI/Republic (landfill disposal and yard waste composting) and adjustments to the estimated levels of activity.
Solid Waste - Interfund
Services and Cost Allocation
Plan
55,604 Reflects updated costs for interfund services (Information Technology Department services, special liability fund, workers' compensation, Public Works capital project
management, vehicle equipment and maintenance, fleet
purchases, and communications equipment) and the Cost
Allocation Plan.
Solid Waste Fund (096) Cont'd.
566
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | A P P E ND I CE S FY 2024/25 OPERATING BUDGET AMENDMENTS DETAIL
BY FUND | ENTERPRISE FUNDS
Category
Source of
Funds
Use of
Funds Explanation
Transfer to Solid Waste
Capital Fund
7,000 Increases the transfer to the Solid Waste Capital Fund to add funding for the Landfill Post-Closure Maintenance
project expenses and the Landfill Corrective Action Costs.
Transfer to General
Government Capital Fund
(7,365) Decreases the transfer to the General Government Capital Fund to reflect the updated cost for capital projects
programmed in the FY 2024/25 proposed capital budget.
Beginning and Ending Fund
Balance - Operations and
Maintenance Reserve
535,483 395,663 Adjusts the Operations and Maintenance Reserve balances based on anticipated fund activity.
Beginning and Ending Fund
Balance - Pension Trust
Reserve
135,816 Adjusts the Pension Trust Reserve balances based on 101,450 anticipated contributions.
Unrestricted Beginning Fund
Balance/Unrestricted Ending
Fund Balance
905,871 1,054,990 Adjusts the beginning fund balance based on anticipated fund activity.
Total Solid Waste Fund 2,092,027 2,092,027
Category
Source of
Funds
Use of
Funds Explanation
Water & Sewer Utility
Department - Charges for
Services
(87,200) Decreases the Charges for Services estimate to reflect anticipated activity.
Water & Sewer Utility
Department - Salary and
Benefits
151,756 Increases personnel costs to reflect updated salary and benefit costs based on negotiated salary agreements,
required contributions to the Public Employees Retirement System (PERS), the latest benefit costs, and actual
incumbents.
Water & Sewer Utility
Department -
Resource/Production
(338,200) Decreases the resource/production allocation to reflect anticipated activity in the Recycled Water Utility.
Water & Sewer Utility
Department - Interfund
Services and Services From
Other Funds - Cost Allocation
Plan
(9,134) Reflects updated costs for interfund services (Information Technology Department services, special liability fund, workers' compensation, Public Works capital project
management, vehicle equipment and maintenance, fleet
purchases, and communications equipment) and the Cost
Allocation Plan.
Solid Waste Fund (096) Cont'd.
Water Recycling Fund (097)
567
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | A P P E ND I CE S FY 2024/25 OPERATING BUDGET AMENDMENTS DETAIL
BY FUND | ENTERPRISE FUNDS
Category
Source of
Funds
Use of
Funds Explanation
Transfer to General
Government Capital Fund
251 Establishes a transfer to the General Government Capital Fund to reflect the updated cost for capital projects
programmed in the FY 2024/25 proposed capital budget.
Ending Fund Balance - Rate
Stabilization Reserve
(1,523,540) Adjusts the Rate Stabilization Reserve balances based on anticipated contributions.
Ending Fund Balance -
Operations and Maintenance
Reserve
Adjusts the Operations and Maintenance Reserve balances 537,905 based on anticipated contributions.
Ending Fund Balance -
Infrastructure Reserve
Adjusts the Infrastructure Reserve balances based on (27,500) anticipated contributions.
Beginning and Ending Fund
Balance - Pension
Stabilization Reserve
35,085 Adjusts the Pension Stabilization Reserve balances based 35,085 on anticipated contributions.
Unrestricted Beginning Fund
Balance/Unrestricted Ending
Fund Balance
(650,023) Adjusts the beginning and ending fund balances based on 471,239 anticipated fund activity.
Total Water Recycling Fund (702,138) (702,138)
Category
Source of
Funds
Use of
Funds Explanation
Water & Sewer Utility
Department - Charges for
Services
(2,286,700) Decreases the Charges for Services estimate to reflect anticipated activity.
Water & Sewer Utility
Department - Interest
49,801 Increases the interest estimate to reflect anticipated activity.
Water & Sewer Utility
Department - Salary and
Benefits
Decreases personnel costs to reflect updated salary and (61,247) benefit costs based on negotiated salary agreements,
required contributions to the Public Employees Retirement System (PERS), the latest benefit costs, and actual
incumbents.
Water & Sewer Utility
Department - Interfund
Services and Services From
Other Funds - Cost Allocation
Plan
(345,971) Reflects updated costs for interfund services (Information Technology Department services, special liability fund, workers' compensation, Public Works capital project
management, vehicle equipment and maintenance, fleet
purchases, and communications equipment) and the Cost
Allocation Plan.
Water Recycling Fund (097) Cont'd.
Water Utility Fund (092)
568
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | A P P E ND I CE S FY 2024/25 OPERATING BUDGET AMENDMENTS DETAIL
BY FUND | ENTERPRISE FUNDS
Category
Source of
Funds
Use of
Funds Explanation
Water & Sewer Utility
Department -
Resource/Production
(2,150,271) Decreases the resource/production allocation to reflect anticipated activity in the Water Utility.
Water & Sewer Utility
Department - Capital Outlay
150,000 Increases the capital outlay allocation to reflect the shift of the Asset Management project from the capital to operating budget.
Transfer to the Electric Utility
Capital Fund
75,500 Establishes a transfer to the Electric Utility Capital Fund to reflect the updated cost for capital projects programmed in the FY 2024/25 proposed capital budget.
Transfer to the General
Government Capital Fund
(8,480) Decreases the transfer to the General Government Capital Fund to reflect the updated cost for capital projects
programmed in the FY 2024/25 proposed capital budget.
Transfer to the Water Utility
Capital Fund
3,110,000 Increases the transfer to the Water Utility Capital Fund to reflect the updated cost for capital projects programmed in the FY 2024/25 proposed capital budget.
Beginning and Ending Fund
Balance - Rate Stabilization
Reserve
(2,000,000) Adjusts the Rate Stabilization Reserve balances based on (553,740) anticipated contributions.
Beginning and Ending Fund
Balance - Operations and
Maintenance Reserve
(2,000,000) (7,000,000) Adjusts the Operations and Maintenance Reserve balances based on anticipated contributions.
Beginning and Ending Fund
Balance - Infrastructure
Reserve
(115,517) Adjusts the Infrastructure Reserve balances based on (115,517) anticipated contributions.
Beginning and Ending Fund
Balance - Pension
Stabilization Reserve
418,881 Adjusts the Pension Stabilization Reserve balances based 415,204 on anticipated contributions.
Unrestricted Beginning Fund
Balance/Unrestricted Ending
Fund Balance
(577,377) Adjusts the beginning and ending fund balances based on (26,390) anticipated fund activity.
Total Water Utility Fund (6,510,912) (6,510,912)
Total Enterprise Funds 99,864,555 99,864,555
Water Utility Fund (092) Cont'd.
569
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | A P P E ND I CE S FY 2024/25 OPERATING BUDGET AMENDMENTS DETAIL
BY FUND | INTERNAL SERVICE FUNDS
Category
Source of
Funds
Use of
Funds Explanation
Other Fees for Services 54,336 Increases the other fees for services revenue estimate to reflect the updated payments from other funds for
communication acquisition costs citywide.
Capital Outlay Increases the capital outlay budget to reflect updated radio 54,336 replacement costs citywide.
Equipment Replacement
Reserve
126,769 Increases the beginning and ending fund balances based on 126,769 actual FY 2023/24 estimate.
Unrestricted Beginning Fund
Balance/Unrestricted Ending
Fund Balance
(380,308) Adjusts the beginning and ending fund balances based on (380,308) anticipated fund activity.
Total Communication
Acquisitions Fund
(199,203) (199,203)
Category
Source of
Funds
Use of
Funds Explanation
Public Works -
Interdepartmental Services
303,874 Increases the charges to other funds due to higher fuel and interfund services costs.
Public Works - Salary and
Benefits
Increases personnel costs to reflect updated salary and 61,519 benefit costs based on negotiated salary agreements,
required contributions to the Public Employees Retirement System (PERS), the latest benefit costs, and actual
incumbents.
Public Works -
Materials/Services/Supplies
Increases the materials/services/supplies budget to reflect 97,205 anticipated higher fuel costs ($50,050) and increases in parts costs ($47,155).
Public Works -
Materials/Services/Supplies
(Telematics)
Increases the materials/services/supplies budget to install 116,078 telematics technology on City on-road fleet vehicles.
Telematics is common technology used by organizations to better manage fleet assets and programs by providing
essential data and information in key areas such as
operational efficiencies, safety, fleet optimization,
sustainability, and compliance. Funding is provided for the ongoing telematics subscription pricing that includes
installation. A one-time $422 fee for hardware harness for auxiliary equipment is included.
Communication Acquisitions Fund (048)
Fleet Operations Fund (053)
570
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | A P P E ND I CE S FY 2024/25 OPERATING BUDGET AMENDMENTS DETAIL
BY FUND | INTERNAL SERVICE FUNDS
Category
Source of
Funds
Use of
Funds Explanation
Public Works - Interfund
Services and Cost Allocation
Plan
Reflects updated costs for interfund services (Information 13,039 Technology Department services, special liability fund, workers' compensation, Public Works capital project
management, vehicle equipment and maintenance, fleet
purchases, and communications equipment) and the Cost
Allocation Plan.
Unrestricted Beginning Fund
Balance/Unrestricted Ending
Fund Balance
340,687 Adjusts the beginning and ending fund balances based on 356,720 anticipated fund activity.
Total Fleet Operations Fund 644,561 644,561
Category
Source of
Funds
Use of
Funds Explanation
Information Technology -
Other Fees For Services
2,282,394 Increases charges to other funds based on the projected Information Technology Services costs.
Information Technology -
Interfund Services
Reflects updated costs for interfund services (Information (278) Technology Department services, special liability fund, workers' compensation, Public Works capital project
management, vehicle equipment and maintenance, fleet
purchases, and communications equipment).
Information Technology -
Materials/Services/Supplies
1,547,665 Increases the Materials/Services/Supplies budget to reflect various cost adjustments, including increases for network equipment, Unisys contract funding, and Microsoft
enterprise agreement renewal.
Information Technology -
Capital Outlay
Increases the Capital Outlay budget to reflect funding for 409,000 computer replacement costs.
Information Technology -
Salary and Benefits
Increases personnel costs to reflect updated salary and 326,007 benefit costs based on negotiated salary agreements,
required contributions to the Public Employees Retirement System (PERS), the latest benefit costs, and actual
incumbents. This increase also reflects the proposed
addition of 1.0 Senior Information Technology Services
Manager position to assist in the delivery of information technology projects citywide.
Unrestricted Beginning Fund
Balance/Unrestricted Ending
Fund Balance
44,133 Adjusts the beginning and ending fund balances based on 44,133 anticipated fund activity.
Total Information
Technology Services Fund
2,326,527 2,326,527
Fleet Operations Fund (053) Cont'd.
Information Technology Services Fund (045)
571
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | A P P E ND I CE S FY 2024/25 OPERATING BUDGET AMENDMENTS DETAIL
BY FUND | INTERNAL SERVICE FUNDS
Category
Source of
Funds
Use of
Funds Explanation
Other Fees for Services 10,758 Increases the charges to other funds to cover the Public Works capital project management costs.
Public Works - Salary and
Benefits
Increases personnel costs to reflect updated salary and 5,416 benefit costs based on negotiated salary agreements,
required contributions to the Public Employees Retirement System (PERS), the latest benefit costs, and budgeted
positions.
Interfund Services and
Services From Other Funds -
Cost Allocation Plan
Reflects updated costs for interfund services (Information 5,342 Technology Department services, special liability fund, workers' compensation, Public Works capital project
management, vehicle equipment and maintenance, fleet
purchases, and communications equipment) and the Cost
Allocation Plan.
Total Public Works Capital
Projects Management Fund
10,758 10,758
Category
Source of
Funds
Use of
Funds Explanation
Other Fees for Services 33,000 Increases the charges to other funds to cover the higher insurance premium costs.
Special Liability - Insurance
Premiums
Increases the budget for insurance premiums based on the 33,000 latest cost estimates.
Unrestricted Beginning Fund
Balance/Unrestricted Ending
Fund Balance
1,500,817 1,500,817 Adjusts the beginning and ending fund balances based on anticipated fund activity.
Total Special Liability Fund 1,533,817 1,533,817
Category
Source of
Funds
Use of
Funds Explanation
Unrestricted Beginning Fund
Balance/Unrestricted Ending
Fund Balance
40,518 Adjusts the beginning and ending fund balances based on 40,518 anticipated fund activity.
Total Unemployment
Insurance Fund
40,518 40,518
Public Works Capital Projects Management Fund (044)
Unemployment Insurance Fund (087)
Special Liability Insurance Fund (082)
572
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | A P P E ND I CE S FY 2024/25 OPERATING BUDGET AMENDMENTS DETAIL
BY FUND | INTERNAL SERVICE FUNDS
Category
Source of
Funds
Use of
Funds Explanation
Public Works - Other Fees for
Services
67,413 Reflects the higher charges to other funds based on the projected vehicle replacement schedule.
Public Works - Other Revenue (100,000) Shifts the Other Revenue estimate to Sale of Land or Property revenue as a technical correction.
Public Works - Sale of Land or
Property
100,000 Shifts the Other Revenue estimate to Sale of Land or Property revenue as a technical correction.
Transfer from Electric
Operating Grant Fund
(1,050,000) Decreases the transfer from the Electric Operating Grant Trust Fund to align with anticipated electric vehicle
replacements planned to be funded by the Greenhouse Gas program.
Capital Outlay 991,284 Increases the Capital Outlay budget to align with the scheduled replacements and updated cost estimates. Major changes consist of an increase for a Fire apparatus
($624,000), increase for a SVP crane that was shifted from FY 2023/24 to FY 2024/25 ($825,000), increase costs for a DPW chipper ($120,000), decrease for an SVP aerial that was shifted from FY 2024/25 to FY 2023/24 (-$300,000),
decrease for Fire SUVs that were shifted from FY 2024/25 to FY 2023/24 (-$165,000), and a decrease for a fleet reduction of a DPW dump truck (-$180,000).
Capital Outlay (Electric Vehicle
Replacements)
450,000 Increases the Capital Outlay budget for electric vehicles funded by the Electric Operating Grant Trust Fund to reflect Parks vehicles that were deferred from FY 2023/24 to FY 2024/25.
Beginning and Ending Fund
Balance - Equipment
Replacement Reserve
1,467,441 1,467,441 Increases the Equipment Replacement Reserve based on the FY 2023/24 estimate.
Unrestricted Beginning Fund
Balance/Unrestricted Ending
Fund Balance
(1,571,735) (3,995,606) Adjusts the beginning and ending fund balances based on anticipated fund activity.
Total Vehicle Replacement
Fund
(1,086,881) (1,086,881)
Vehicle Replacement Fund (050)
573
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | A P P E ND I CE S FY 2024/25 OPERATING BUDGET AMENDMENTS DETAIL
BY FUND | INTERNAL SERVICE FUNDS
Category
Source of
Funds
Use of
Funds Explanation
Workers' Compensation -
Insurance Premiums
110,000 Increases the budget for insurance premiums based on the latest cost estimates.
Workers' Compensation -
Reserve for Prepayments
636,930 Increases the Reserve for Prepayments based on the FY 636,930 2023/24 estimate.
Unrestricted Beginning Fund
Balance/Unrestricted Ending
Fund Balance
55,426 Adjusts the beginning and ending fund balances based on (54,574) anticipated fund activity.
Total Workers'
Compensation Fund
692,356 692,356
Total Internal Service Funds 3,962,453 3,962,453
Workers' Compensation Fund (081)
574
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | A P P E ND I CE S FY 2024/25 OPERATING BUDGET AMENDMENTS DETAIL
BY FUND | DEBT SERVICE FUNDS
Category
Source of
Funds
Use of
Funds Explanation
Bond Proceeds/Transfer to the
Electric Utility Capital Fund
130,000,000 130,000,000 Increases the revenue estimate for Bond Proceeds to reflect the debt service plan that was updated to adjust for timing of bond issuance for CIP projects. On the
expenditure side, increases the transfer to the Electric Utility Capital Fund to align with updated project schedules and anticipated debt needs.
Transfer from Electric Utility
Fund/Debt Service and
Administrative Costs
(18,742,168) (18,742,168) Decreases the transfer from the Electric Utility Fund to align with updated anticipated debt payments schedule.
On the expenditure side, decreases debt service payments and associated administrative costs to align with updated anticipated debt payments schedule.
Beginning and Ending Fund
Balance - Reserve for Debt
Service
269,084 Adjusts the Reserve for Debt Service beginning and ending 269,084 fund balances based on FY 23/24 Estimate.
Total Electric Utility Debt
Service Fund
111,526,916 111,526,916
Category
Source of
Funds
Use of
Funds Explanation
Unrestricted Beginning Fund
Balance/Unrestricted Ending
Fund Balance
22,883 Adjusts the beginning and ending fund balances based on 22,883 anticipated fund activity.
Total Public Facilities
Finance Corporation Fund
22,883 22,883
Category
Source of
Funds
Use of
Funds Explanation
Beginning and Ending Fund
Balance - Reserve for Debt
Service
5,720,839 4,312,901 Adjusts the beginning and ending fund balances for the Debt Reserve based on anticipated fund activity.
Debt Service Adjusts the debt service budget based on anticipated debt 357,938 payment.
Transfer from the Sewer Utility
Fund
(1,050,000) Eliminates the transfer from the Sewer Utility Fund as there is sufficient fund balance available for the FY 2024/25 debt service payment.
Total Sewer Utility Debt
Service Fund
4,670,839 4,670,839
Total Debt Service Funds 116,220,638 116,220,638
Electric Utility Debt Service Fund (491)
Public Facilities Finance Corporation Fund (431)
Sewer Utility Debt Service Fund (494)
575
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | A P P E ND I CE S FY 2024/25 OPERATING BUDGET AMENDMENTS DETAIL
BY FUND | OTHER AGENCY FUNDS
Category
Source of
Funds
Use of
Funds Explanation
Unrestricted Beginning Fund
Balance/Unrestricted Ending
Fund Balance
354 Adjusts the beginning and ending fund balances based on 354 anticipated fund activity.
Total Sports and Open
Space Authority Fund
354 354
Total Other Agency Funds 354 354
Sports and Open Space Authority Fund (801)
576
RCalifornia Society of Municipal
Finance Officers
Certificate of Award
Operating Budget Excellence Award
Fiscal Years 2023-2024 & 2024-2025
Presented to the
City of Santa Clara
For meeting the criteria established to achieve a CSMFO Award in Budgeting.
January 29, 2024
Rich Lee James Russell-Field, Chair 2023 CSMFO President Recognition Committee Dedicated to Excellence in Municipal Financial Reporting 577
Finance Department
City of Santa Clara, California
The Government Finance Officers Association
of the United States and Canada
The Certificate of Recognition for Budget Preparation is presented by the Government Finance Officers Association to those individuals who have been instrumental in their government unit achieving a Distinguished Budget Presentation Award. The Distinguished Budget Presentation Award, which is the highest award in governmental budgeting, is presented to those government units whose budgets are judged to adhere to program standards.
presents this
CERTIFICATE OF RECOGNITION FOR BUDGET PREPARATION
to
Date:
Executive Director
January 25, 2024
578
®
~P-~
PRESENTED TO
City of Santa Clara
California
For the Biennium Beginning
July 01, 2023
Executive Director
GOVERNMENT FINANCE OFFICERS ASSOCIATION
Distinguished
Budget Presentation
Award
579
~P-~
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580
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | P RO JE CT I N DE X PROJECT INDEX | PROJECT INDEX BY THEME
Project Number and Title Page
Administrative Facilities
Funded Projects
4070 - Training Tower Renovation* 286
6138 - Repairs-Modifications to City Buildings* 287
6139 - Repair to Historic Buildings* 288
6140 - Triton Museum Repair and Modifications* 289
6558 - Morse Mansion Maintenance & Repair* 290
FY25 Temp 04 - City Buildings - Upgrade Lighting to LED Project* 291 FY25 Temp 05 - City Hall Gutter and Waterproofing Repair Project 292 FY25 Temp 13 - Electric Vehicle Charging (Fleet)* 293
FY25 Temp 21 - EOC Security Upgrades 294
Administrative Facilities
Unfunded Projects/Partially Funded Projects
4070 - Training Tower Renovation* 295
6123 - Public Building Parking Lot Improvements 295
6138 - Repairs-Modifications to City Buildings* 295
6139 - Repair to Historic Buildings* 295
6140 - Triton Museum Repair and Modifications 295
6148 - City Hall HVAC Rehabilitation Project 296
6158 - Stationary Standby Generators* 296
6177 - Berman Building Gate and Electrical Panel Upgrades 296 6184 - ADA Transition Plan Implementation (Public Buildings) 296 6186 - Fire Station 5 Renovation 297
6555 - Office Reconfiguration* 297
6558 - Morse Mansion Maintenance & Repair* 297
FY25 Temp 04 - City Buildings - Upgrade Lighting to LED Project* 297 FY25 Temp 13 - Electric Vehicle Charging (Fleet)* 298
FY25 Temp 22 - Fire Station 1 and 8 Security Upgrades 298 FY25 Temp 23 - Fire Station 1 and Fire Headquarters Building Renovation 298 FY25 Temp 24 - Fire Station 9 PPE Storage Equipment Room 298 FY25 Temp 25 - Fire Station 7 Renovation 298
FY25 Temp 26 - Fire Station 9 Renovation 299
FY25 Temp 29 - Water Refilling Stations 299
FY25 Temp 30 - Fire Station 9 Lighting 299
FY25 Temp 33 - Stations 1, 9, and Fire Administration Building Assessment 299 TEMP20 - New Project - Seismic Evaluation of EOC and Fire Station #2 300 *Projects are only partially funded
581
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | P RO JE CT I N DE X PROJECT INDEX | PROJECT INDEX BY THEME
Project Number and Title Page
Community Facilities
Funded Projects
3187 - Bowers Roof/Building Replacement Project* 312
3196 - Planning and Construction of Temporary and/or Permanent ISC Replacement Facility*
313
3197 - Parks Service Center Improvements 314
FY25 Temp 34 - Northside Branch Library - Automated Materials Handling System 315 FY25 Temp 38 - Central Park Library - Radio Coverage 316 FY25 Temp 45 - Senior Center Natatorium HVAC Project - Ph 1 317 FY25 Temp 48 - Lawn Bowls Improvements 318
Community Facilities
Unfunded Projects/Partially Funded Projects
3187 - Bowers Roof/Building Replacement Project* 319
3196 - Planning and Construction of Temporary and/or Permanent ISC Replacement Facility*
319
3622 - Repurchase Cemetery Property 319
3628 - Sarah E. Fox Memorial Mausoleum Repairs* 320
FY25 Temp 37 - Central Park Library - Lighting Software and Hardware Replacement 320 FY25 Temp 39 - Central Park Library - Repaint Interior 320 FY25 Temp 41 - Mission Branch Library – Replacement of Heat Pump in Rooftop HVAC Unit
321
TEMP13 - Aged Infrastructure at Critical/Poor Buildings 321 Convention Center
Funded Projects
8101 - Santa Clara Convention Center Condition Assessment Repair* 331 Convention Center
Unfunded Projects/Partially Funded Projects
8101 - Santa Clara Convention Center Condition Assessment Repair* 332 Electric Utility
Funded Projects
2004 - Fiber Development, Design, and Expansion 346
2005 - New Business Estimate Work 347
2006 - Transmission and Distribution Capital Maintenance and Betterments 348 2008 - Substation Capital Maintenance and Betterments 349 2010 - Electric Yard Buildings and Grounds 350
*Projects are only partially funded
582
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | P RO JE CT I N DE X PROJECT INDEX | PROJECT INDEX BY THEME
Project Number and Title Page
Electric Utility
Funded Projects
2119 - Generation Capital Maintenance and Betterments 351 2127 - Major Engine Overhaul and Repair 352
2395 - Operations and Planning Technology 353
2410 - System Expansion Planning and Analysis 354
2418 - Esperanca Substation 355
2423 - Utility Billing CIS Replacement 356
2424 - Substation Physical Security Improvements 357
2431 - Homestead Substation Rebuild 358
2432 - Yard Pavement Project 359
2434 - Replace Balance of Plant Control System (DCS) 360 2435 - DOT Gas Pipeline Upgrades and Repairs 361
2444 - Northwest Loop Capacity Upgrade 362
2447 - Substation Control and Communication System Replacement 363 2453 - KRS Rebuild and Replacement 364
2454 - NRS Upgrades and Expansion 365
2455 - NRS-KRS 115kV Line 366
2456 - SRS Rebuild and Replacement 367
2458 - Walsh-Uranium 60kV Reconductor 368
2459 - Transmission Loop 1 369
2460 - Grizzly Tap Line Repairs 370
2461 - Battery Energy Storage System 371
2465 - Duane-Scott 115kV Reconductor 372
2466 - South Loop Reconductor 373
2871 - Miscellaneous Street Lighting 374
2875 - Great America Street Light Replacement Project 375 Other Community Projects
Funded Projects
1199 - PW Capital Projects Management - Streets and Highways 384 1899 - PW Capital Projects Management - Storm Drain 384 3199 - PW Capital Projects Management - Parks & Recreation 384 3699 - PW CIP Management Services - Cemetery 384
4099 - PW Capital Projects Management - Fire 384
4511 - Related General Admin Project 385
4513 - Other Development Project Services 386
4610 - Tasman East Administration 387
4611 - Tasman East Developer Reimbursement 388
5099 - PW Capital Projects Management - Library 384
6199 - PW Capital Projects Management - Public Buildings 384 6599 - PW Capital Projects Management - General Government 384 583
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | P RO JE CT I N DE X PROJECT INDEX | PROJECT INDEX BY THEME
Project Number and Title Page
Parks & Trails
Funded Projects
3001 - Park Improvements* 402
3130 - Maywood Park Playground Rehabilitation 403
3131 - Earl Carmichael Park Playground Rehabilitation* 404 3132 - Community Park North - Phase I 405
3133 - Central Park Access & Parking Improvements 406
3190 - Mary Gomez Park Playground Rehabilitation* 407
Parks & Trails
Unfunded/Partially Funded Projects
3001 - Park Improvements* 408
3131 - Earl Carmichael Park Playground Rehabilitation* 408 3137 - Warburton Park Playground Rehabilitation* 409
3190 - Mary Gomez Park Playground Rehabilitation* 409
3195 - Henry Schmidt Park Playground Rehabilitation* 410 TEMP14 - Aged Infrastructure at Critical/Poor Parks 410 Sewer Utility
Funded Projects
1908 - S.J.-S.C. Regional Wastewater Facility 417
1909 - Sanitary Sewer Capacity Improvements 418
1911 - Sanitary Sewer System Condition Assessment 419
1912 - Sanitary Sewer System Improvements 420
1919 - Sanitary Sewer Hydraulic Modeling As Needed Support 421 Solid Waste
Funded Projects
6109 - Sanitary Landfill Development - Post Closure 428 Storm Drain
Funded Projects
1811 - Storm Drain Pump Station Facility Maintenance & Repair 437 1831 - Storm Drain Repairs and Maintenance* 438
1838 - SDPS Motor and Control Maintenance, Repair, and Replacement* 439 FY25 Temp 09 - Green Stormwater Infrastructure Design & Construction* 440 FY25 Temp 11 - Storm SCADA Fiber Ready Project 441
FY25 Temp 43 - Storm Drain Pump Station RTU Upgrade 442 FY25 Temp 49 - Bowers Park Parking Lot Rehabilitation 443 *Projects are only partially funded
584
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | P RO JE CT I N DE X PROJECT INDEX | PROJECT INDEX BY THEME
Project Number and Title Page
Storm Drain
Unfunded/Partially Funded Projects
1831 - Storm Drain Repairs and Maintenance* 444
1834 - Storm Drain System Improvements 444
1835 - Storm Drain Pump Station Outfall Reconstruction Program* 444 1837 - Storm Water Retention Basin Remediation 444
1838 - SDPS Motor and Control Maintenance, Repair, and Replacement* 445 1843 - Lafayette St. Underpass at Subway Pump Station 445 FY25 Temp 01 - Bowers Ave Underpass SDPS Rehabilitation 445 FY25 Temp 08 - Fairway Glen Storm Drain Pump Station Rehabilitation 446 FY25 Temp 09 - Green Stormwater Infrastructure Design & Construction* 446 FY25 Temp 10 - Lickmill Storm Drain Pump Station Rehabilitation 446 FY25 Temp 12 - Tri-Level Underpass Storm Drain Pump Station Rehabilitation 447 Technology and Equipment
Funded Projects
4084 - Protective Equipment Replacement 459
4089 - Defibrillator/Monitor Replacement 460
6103 - Utility Management Information System (UMIS) Enhancements* 461 6501 - FHRMS Update Project* 462
6534 - GIS Enterprise System (Geospatial Information System) 463 6550 - Cyber Security Risk Mitigation 464
FY25 Temp 03 - Enterprise Asset Management DPW 465
FY25 Temp 19 - City Hall Data Center HVAC Remediation 466 FY25 Temp 20 - Police Vehicle Mobile Data Computer Replacement 467 Technology and Equipment
Unfunded/Partially Funded Projects
6103 - Utility Management Information System (UMIS) Enhancements* 468 6501 - FHRMS Update Project* 468
6514 - Consolidate and Upgrade Servers 468
6532 - Intranet Collaboration Suite Implementation 468
FY25 Temp 18 - IT Berman Building HVAC and Electrical Repairs 468 Transportation
Funded Projects
1211 - Neighborhood Traffic Calming 481
1212 - LED Traffic Signal & Safety Light Replacements 482 1219 - Traffic Signal Enhancements 483
1220 - Pedestrian and Bicycle Enhancement Facilities 484 *Projects are only partially funded
585
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | P RO JE CT I N DE X PROJECT INDEX | PROJECT INDEX BY THEME
Project Number and Title Page
Transportation
Funded Projects
1225 - Santa Clara VTA - Congestion Management Program 485 1226 - Uncontrolled Crosswalks Improvements 486
1232 - Traffic Signal Interconnect Upgrade 487
1234 - Transportation Modeling Update 488
1235 - Annual Street Maintenance and Rehabilitation Program* 489 1250 - ADA Transition Plan Implementation (Public Right of Way)* 490 1256 - Traffic Engineering Consultant Support 491
1266 - El Camino Real Bike Lane Project 492
1273 - Street Tree Services 493
1281 - Bicycle Plan Implementation Studies 494
1286 - Tasman Complete Streets Plan 2021 Improvements Phase 1 – North San Jose Settlement
495
1288 - Cupertino-Santa Clara On-Demand Shuttle Project* 496 1325 - Bridge Maintenance Program* 497
1376 - Safe Routes to School 498
1382 - Sidewalk, Curb and Gutter Repair* 499
FY25 Temp 16 - Quick Build Bike and Pedestrian Safety Project 500 FY25 Temp 17 - Retroreflective Borders on Traffic Signal Backplates 501 Transportation
Unfunded/Partially Unfunded Projects
1203 - Creek Trail Pavement Rehabilitation Program 502
1235 - Annual Street Maintenance and Rehabilitation Program* 502 1248 - Pruneridge Avenue Complete Streets Plan 502
1249 - Multimodal Improvement Plan Phase 1 Projects 503 1250 - ADA Transition Plan Implementation (Public Right of Way)* 503 1258 - Multimodal Improvement Plan Phase 2 Projects 503 1269 - Bicycle Route Wayfinding - Phase I 504
1270 - Public Alley Pavement Maintenance and Rehabilitation 504 1288 - Cupertino-Santa Clara On-Demand Shuttle Project* 504 1325 - Bridge Maintenance Program* 505
1382 - Sidewalk, Curb and Gutter Repair* 505
FY25 Temp 06 - Median Islands Water Conservation and Drought Tolerant Landscape Improvements
505
FY25 Temp 07 - Water Conservation and Drought Tolerant Landscaping 506 FY25 TEMP 46 - Public Right of Way Standard Specs and Detail Update 506 *Projects are only partially funded
586
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | P RO JE CT I N DE X PROJECT INDEX | PROJECT INDEX BY THEME
Project Number and Title Page
Water and Recycled Water Utilities
Funded Projects
7005 - Buildings and Grounds 514
7054 - Distribution System Replacement/Restoration 515
7058 - SCADA Improvements 516
7059 - New and Replacement Wells 517
7505 - Recycled Water System Mains and Services 518
*Projects are only partially funded
587
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | P RO JE CT I N DE X PROJECT INDEX | PROJECT INDEX BY DEPARTMENT
Project Number and Title Page
Community Development Department
Unfunded/Partially Funded Projects
6555 - Office Reconfiguration* 297
Electric Utility Department
Funded Projects
2004 - Fiber Development, Design, and Expansion* 346
2005 - New Business Estimate Work 347
2006 - Transmission and Distribution Capital Maintenance and Betterments 348 2008 - Substation Capital Maintenance and Betterments 349 2010 - Electric Yard Buildings and Grounds 350
2119 - Generation Capital Maintenance and Betterments 351 2127 - Major Engine Overhaul and Repair 352
2395 - Operations and Planning Technology 353
2410 - System Expansion Planning and Analysis 354
2418 - Esperanca Substation 355
2423 - Utility Billing CIS Replacement 356
2424 - Substation Physical Security Improvements 357
2431 - Homestead Substation Rebuild 358
2432 - Yard Pavement Project 359
2434 - Replace Balance of Plant Control System (DCS) 360 2435 - DOT Gas Pipeline Upgrades and Repairs 361
2444 - Northwest Loop Capacity Upgrade 362
2447 - Substation Control and Communication System Replacement 363 2453 - KRS Rebuild and Replacement 364
2454 - NRS Upgrades and Expansion 365
2455 - NRS-KRS 115kV Line 366
2456 - SRS Rebuild and Replacement 367
2458 - Walsh-Uranium 60kV Reconductor 368
2459 - Transmission Loop 1 369
2460 - Grizzly Tap Line Repairs 370
2461 - Battery Energy Storage System 371
2465 - Duane-Scott 115kV Reconductor 372
2466 - South Loop Reconductor 373
2871 - Miscellaneous Street Lighting 374
2875 - Great America Street Light Replacement Project 375 Finance Department
Funded Projects
6103 - Utility Management Information System (UMIS) Enhancements* 461 6501 - FHRMS Update Project* 462
*Projects are only partially funded
588
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | P RO JE CT I N DE X PROJECT INDEX | PROJECT INDEX BY DEPARTMENT
Project Number and Title Page
Finance Department
Unfunded Projects/Partially Funded Projects
6103 - Utility Management Information System (UMIS) Enhancements* 468 6501 - FHRMS Update Project* 468
Fire Department
Funded Projects
4070 - Training Tower Renovation* 286
4084 - Protective Equipment Replacement 459
4089 - Defibrillator/Monitor Replacement 460
4099 - PW Capital Projects Management - Fire 384
FY25 Temp 21 - Emergency Operations Center Security Upgrades 294 Fire Department
Unfunded Projects/Partially Funded Projects
4070 - Training Tower Renovation* 295
6186 - Fire Station 5 Renovation 297
FY25 Temp 22 - Fire Station 1 and 8 Security Upgrades 298 FY25 Temp 23 - Fire Station 1 and Fire Headquarters Building Renovation 298 FY25 Temp 24 - Fire Station 9 PPE Storage Equipment Room 298 FY25 Temp 25 - Fire Station 7 Renovation 298
FY25 Temp 26 - Fire Station 9 Renovation 299
FY25 Temp 29 - Water Refilling Stations 299
FY25 Temp 30 - Fire Station 9 Lighting 299
FY25 Temp 33 - Stations 1, 9, and Fire Administration Building Assessment 299 TEMP20 - New Project - Seismic Evaluation of EOC and Fire Station #2 300 Information Technology Department
Funded Projects
6534 - GIS Enterprise System (Geospatial Information System) 463 6550 - Cyber Security Risk Mitigation 464
FY25 Temp 19 - City Hall Data Center HVAC Remediation 466 Information Technology Department
Unfunded/Partially Funded Projects
6177 - Berman Building Gate and Electrical Panel Upgrades 296 6514 - Consolidate and Upgrade Servers* 468
*Projects are only partially funded
589
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | P RO JE CT I N DE X PROJECT INDEX | PROJECT INDEX BY DEPARTMENT
Project Number and Title Page
Information Technology Department
Unfunded/Partially Funded Projects
6532 - Intranet Collaboration Suite Implementation 468
FY25 Temp 18 - IT Berman Building HVAC and Electrical Repairs 468 Library Department
Funded Projects
5099 - PW Capital Projects Management - Library 384
FY25 Temp 34 - Northside Branch Library - Automated Materials Handling System 315 FY25 Temp 38 - Central Park Library - Radio Coverage 316 Library Department
Unfunded/Partially Funded Projects
FY25 Temp 37 - Central Park Library - Lighting Software and Hardware Replacement 320 FY25 Temp 39 - Central Park Library - Repaint Interior 320 FY25 Temp 41 - Mission Branch Library – Replacement of Heat Pump in Rooftop HVAC Unit 321 Non-Departmental
Funded Projects
4511 - Related General Admin Project 385
4513 - Other Development Project Services 386
8101 - Santa Clara Convention Center Condition Assessment Repair* 331 Non-Departmental
Unfunded/Partially Funded Projects
8101 - Santa Clara Convention Center Condition Assessment Repair* 331 Parks & Recreation Department
Funded Projects
3001 - Park Improvements* 402
3130 - Maywood Park Playground Rehabilitation 403
3131 - Earl Carmichael Park Playground Rehabilitation* 404 3132 - Community Park North - Phase I 405
3133 - Central Park Access & Parking Improvements 406
3187 - Bowers Roof/Building Replacement Project* 312
*Projects are only partially funded
590
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | P RO JE CT I N DE X PROJECT INDEX | PROJECT INDEX BY DEPARTMENT
Project Number and Title Page
Parks & Recreation Department
Funded Projects
3190 - Mary Gomez Park Playground Rehabilitation* 407
3196 - Planning and Construction of Temporary and/or Permanent ISC Replacement Facility*
313
3197 - Parks Service Center Improvements 314
3199 - PW Capital Projects Management - Parks & Recreation 384 3699 - PW CIP Management Services 384
FY25 Temp 45 - Senior Center Natatorium HVAC Project - Ph 1 317 FY25 Temp 48 - Lawn Bowls Improvements 318
Parks & Recreation Department
Unfunded/Partially Funded Projects
3001 - Park Improvements* 408
3131 - Earl Carmichael Park Playground Rehabilitation* 408 3137 - Warburton Park Playground Rehabilitation* 409
3187 - Bowers Roof/Building Replacement Project* 319
3190 - Mary Gomez Park Playground Rehabilitation* 409
3195 - Henry Schmidt Park Playground Rehabilitation* 410 3196 - Planning and Construction of Temporary and/or Permanent ISC Replacement Facility*
319
3622 - Repurchase Cemetery Property 319
3628 - Sarah E. Fox Memorial Mausoleum Repairs* 320
TEMP13 - Aged Infrastructure at Critical/Poor Buildings 321 TEMP14 - Aged Infrastructure at Critical/Poor Parks 410 Police Department
Funded Projects
FY25 Temp 20 - Police Vehicle Mobile Data Computer Replacement 467 Department of Public Works
Funded Projects
1199 - PW Capital Projects Management - Streets and Highways 384 1211 - Neighborhood Traffic Calming 481
1212 - LED Traffic Signal & Safety Light Replacements 482 1219 - Traffic Signal Enhancements 483
*Projects are only partially funded
591
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | P RO JE CT I N DE X PROJECT INDEX | PROJECT INDEX BY DEPARTMENT
Project Number and Title Page
Department of Public Works
Funded Projects
1220 - Pedestrian and Bicycle Enhancement Facilities 484 1225 - Santa Clara VTA - Congestion Management Program 485 1226 - Uncontrolled Crosswalks Improvements 486
1232 - Traffic Signal Interconnect Upgrade 487
1234 - Transportation Modeling Update 488
1235 - Annual Street Maintenance and Rehabilitation Program* 489 1250 - ADA Transition Plan Implementation (Public Right of Way)* 490 1256 - Traffic Engineering Consultant Support 491
1266 - El Camino Real Bike Lane Project 492
1273 - Street Tree Services 493
1281 - Bicycle Plan Implementation Studies 494
1286 - Tasman Complete Streets Plan 2021 Improvements Phase 1 – North San Jose Settlement
495
1288 - Cupertino-Santa Clara On-Demand Shuttle Project* 496 1325 - Bridge Maintenance Program* 497
1376 - Safe Routes to School 498
1382 - Sidewalk, Curb and Gutter Repair* 499
1811 - Storm Drain Pump Station Facility Maintenance & Repair 437 1831 - Storm Drain Repairs and Maintenance* 438
1838 - SDPS Motor and Control Maintenance, Repair, and Replacement* 439 1899 - PW Capital Projects Management - Storm Drain 384 1909 - Sanitary Sewer Capacity Improvements 418
1919 - Sanitary Sewer Hydraulic Modeling As Needed Support 421 4610 - Tasman East Administration 387
4611 - Tasman East Developer Reimbursement 388
6109 - Sanitary Landfill Development - Post Closure 428 6138 - Repairs-Modifications to City Buildings* 287
6139 - Repair to Historic Buildings* 288
6140 - Triton Museum Repair and Modifications* 289
6199 - PW Capital Projects Management - Public Buildings 384 6558 - Morse Mansion Maintenance & Repair* 290
6599 - PW Capital Projects Management - General Government 384 FY25 Temp 03 - Enterprise Asset Management DPW 465
FY25 Temp 04 - City Buildings - Upgrade Lighting to LED Project* 291 FY25 Temp 05 - City Hall Gutter and Waterproofing Repair Project 292 FY25 Temp 09 - Green Stormwater Infrastructure Design & Construction* 440 FY25 Temp 11 - Storm SCADA Fiber Ready Project 441
FY25 Temp 13 - Electric Vehicle Charging (Fleet)* 442
FY25 Temp 16 - Quick Build Bike and Pedestrian Safety Project 500 FY25 Temp 17 - Retroreflective Borders on Traffic Signal Backplates 501 FY25 Temp 43 - Storm Drain Pump Station RTU Upgrade 442 FY25 Temp 49 - Bowers Park Parking Lot Rehabilitation 443 *Projects are only partially funded
592
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | P RO JE CT I N DE X PROJECT INDEX | PROJECT INDEX BY DEPARTMENT
Project Number and Title Page
Department of Public Works
Unfunded/Partially Unfunded Projects
1203 - Creek Trail Pavement Rehabilitation Program 502
1235 - Annual Street Maintenance and Rehabilitation Program* 502 1248 - Pruneridge Avenue Complete Streets Plan 502
1249 - Multimodal Improvement Plan Phase 1 Projects 503 1250 - ADA Transition Plan Implementation (Public Right of Way)* 503 1258 - Multimodal Improvement Plan Phase 2 Projects 503 1269 - Bicycle Route Wayfinding - Phase I 504
1270 - Public Alley Pavement Maintenance and Rehabilitation 504 1288 - Cupertino-Santa Clara On-Demand Shuttle Project* 504 1325 - Bridge Maintenance Program* 505
1382 - Sidewalk, Curb and Gutter Repair* 505
1831 - Storm Drain Repairs and Maintenance* 444
1834 - Storm Drain System Improvements 444
1835 - Storm Drain Pump Station Outfall Reconstruction Program* 444 1837 - Storm Water Retention Basin Remediation 444
1838 - SDPS Motor and Control Maintenance, Repair, and Replacement* 445 1843 - Lafayette St. Underpass at Subway Pump Station 445 6123 - Public Building Parking Lot Improvements 295
6138 - Repairs-Modifications to City Buildings* 295
6139 - Repair to Historic Buildings* 295
6140 - Triton Museum Repair and Modifications* 295
6148 - City Hall HVAC Rehabilitation Project 296
6158 - Stationary Standby Generators* 296
6184 - ADA Transition Plan Implementation (Public Buildings) 296 6558 - Morse Mansion Maintenance & Repair* 297
FY25 Temp 01 - Bowers Ave Underpass SDPS Rehabilitation 445 FY25 Temp 04 - City Buildings - Upgrade Lighting to LED Project* 297 FY25 Temp 06 - Median Islands Water Conservation and Drought Tolerant Landscape Improvements
505
FY25 Temp 07 - Water Conservation and Drought Tolerant Landscaping 506 FY25 Temp 08 - Fairway Glen Storm Drain Pump Station Rehabilitation 446 FY25 Temp 09 - Green Stormwater Infrastructure Design & Construction* 446 FY25 Temp 10 - Lickmill Storm Drain Pump Station Rehabilitation 446 FY25 Temp 12 - Tri-Level Underpass Storm Drain Pump Station Rehabilitation 447 FY25 Temp 13 - Electric Vehicle Charging (Fleet)* 298
FY25 TEMP 46 - Public Right of Way Standard Specs and Detail Update 506 *Projects are only partially funded
593
FY 20 2 4/ 2 5 A N D F Y 2 02 5 / 2 6 P RO P O S E D C A P I T A L I M P R O V E M E N T P R O G RA M B UD G E T | P RO JE CT I N DE X PROJECT INDEX | PROJECT INDEX BY DEPARTMENT
Project Number and Title Page
Water and Sewer Utilities Department
Funded Projects
1908 - S.J.-S.C. Regional Wastewater Facility 417
1911 - Sanitary Sewer System Condition Assessment 419
1912 - Sanitary Sewer System Improvements 420
7005 - Buildings and Grounds 514
7054 - Distribution System Replacement/Restoration 515
7058 - SCADA Improvements 516
7059 - New and Replacement Wells 517
7505 - Recycled Water System Mains and Services 518
*Projects are only partially funded
594
ATTACHMENT 2
CITY OF SANTA CLARA
RECOMMENDED REVISIONS TO THE FY 2024/25 CAPITAL IMPROVEMENT PROGRAM BUDGET CARRYOVER OF FY 2023/24 CAPITAL FUNDS TO FY 2024/25
Convention Center Capital Fund
Project # Project Name / Funding Source*
Source of
Funds
Use of
Funds
Beginning Fund Balance 1,726,973 -
8101 Santa Clara Convention Center Condition Assessment Repair - 1,726,973 Convention Center Capital Fund Total 1,726,973 1,726,973 Electric Utility Capital Fund
Project # Project Name / Funding Source*
Source of
Funds
Use of
Funds
Beginning Fund Balance 134,042,822 -
2452 60KV Breaker Upgrades - 2,295,967
Temp 50 Agnew Rebuild and Expansion - 3,000,000
2461 Battery Energy Storage System - 655,565
2457 Bowers Avenue Junction - 1,410,893
2398 Clean Energy and Carbon Reduction - 4,118,106
2464 Democracy Substation - 44,612
2435 DOT Gas Pipeline Upgrades and Repairs - 889,866
2465 Duane-Scott 115kV Reconductor - 1,620,000
2441 Electric Vehicle (EV) Charging - 2,764,150
2010 Electric Yard Buildings and Grounds - 1,495,642
2418 Esperanca Substation / Developer Contributions 8,017,152 10,025,175 2004 Fiber Development, Design, and Expansion / Developer Contributions 1,194,983 2,647,987 2451 Freedom Circle Junction Substation / Developer Contributions 1,288,250 1,625,613 2119 Generation Capital Maintenance and Betterments - 731,441 2460 Grizzly Tap Line Repairs - 4,229,588
2431 Homestead Substation Rebuild - 1,414,815
2111 Implementation of Advanced Metering Infrastructure (AMI) - 66,585 2462 Juliette Substation Expansion and Transformer Rerate - 12,668,736 2453 KRS Rebuild and Replacement - 6,399,727
2443 Laurelwood Substation / Developer Contributions 3,346,000 2,934,614 2127 Major Engine Overhaul and Repair - 2,699,601
2450 Martin Avenue Junction Substation / Developer Contributions 6,412,000 6,643,334 2449 Memorex Junction Substation - 3,625,476
2005 New Business Estimate Work / Developer Contributions 1,176,904 3,232,493 2444 Northwest Loop Capacity Upgrade - 12,815,096
Temp 51 Northwestern – Zeno 60kV Reconductor - 3,000,000 2454 NRS Upgrades and Expansion - 6,459,873
2455 NRS-KRS 115kV Line - 6,541,389
2395 Operations and Planning Technology - 1,605,962
Temp 52 Palm Substation Expansion - 3,000,000
2446 Renewable Energy Microgrid - 3,970,059
2434 Replace Balance of Plant Control System (DCS) - 514,044 2442 San Tomas Junction / Developer Contributions 2,475,000 119,238 2466 South Loop Reconductor - 610,000
2456 SRS Rebuild and Replacement - 6,534,425
2448 Stender Way Junction Substation / Developer Contributions 527,662 3,280,208 1 ATTACHMENT 2
CITY OF SANTA CLARA
RECOMMENDED REVISIONS TO THE FY 2024/25 CAPITAL IMPROVEMENT PROGRAM BUDGET CARRYOVER OF FY 2023/24 CAPITAL FUNDS TO FY 2024/25
Electric Utility Capital Fund (Cont'd.)
Project # Project Name / Funding Source*
Source of
Funds
Use of
Funds
2429 Storm Water Compliance - 175,922
2008 Substation Capital Maintenance and Betterments - 1,034,000 2447 Substation Control and Communication System Replacement - 5,120,764 2424 Substation Physical Security Improvements - 224,472 2410 System Expansion Planning and Analysis / Developer Contributions 180,000 2,176,004 2006 Transmission and Distribution Capital Maintenance and Betterments / Developer Contributions
1,596,000 10,824,539
2459 Transmission Loop 1 - 5,146,942
2463 Transmission Loop 2 - 2,000,000
2124 Transmission System Reinforcements - 1,248,262
2423 Utility Billing CIS Replacement - 2,000,000
2437 Valve Replacement and Repair - 1,048,828
2458 Walsh-Uranium 60kV Reconductor - 2,750,047
2432 Yard Pavement Project - 816,713
Electric Utility Capital Fund Total 160,256,773 160,256,773 Fire Department Capital Fund
Project # Project Name / Funding Source*
Source of
Funds
Use of
Funds
Beginning Fund Balance 394,436 -
4094 Computer Aided Dispatch (CAD) Alerting System Upgrade - 21,377 4088 EMS System First Responder Projects - 9,695
4067 Fire Department Accela Implementation - 169,000
4061 Fire Station 3 Sprinklers - 66,000
4062 Fire Station Washers and Dryers - 72,000
4084 Protective Equipment Replacement - 48,815
4070 Training Tower Stair Repair - 7,549
Fire Department Capital Fund Total 394,436 394,436
General Government Capital Fund
Project # Project Name / Funding Source*
Source of
Funds
Use of
Funds
Beginning Fund Balance 7,525,112 -
6549 Agenda and Document Management Systems - 400,000
6118 CAD/RMS System Replacement - 178,429
6513 Computer Replacement Program - 230,631
6563 El Camino Real Specific Plan - 875,968
6551 End User/Desktop Transformation - 95,851
6501 FHRMS Update Project - 1,116,917
6534 GIS Enterprise System (Geospatial Information System) - 87,493 6532 Intranet Collaboration Suite Implementation - 175,375 6558 Morse Mansion Maintenance & Repair - 68,042
6555 Office Reconfiguration - 257,769
6075 Permit Information System - 226,263
6564 Precise Plan for Downtown - 1,611
6562 Transportation Demand Management - 158,374
6179 UPRR Agnew Siding Project - City Utility Protection/Relocation - 1,594,927 6103 Utility Management Information System (UMIS) Enhancements - 2,057,462 General Government Capital Fund Total 7,525,112 7,525,112 2 ATTACHMENT 2
CITY OF SANTA CLARA
RECOMMENDED REVISIONS TO THE FY 2024/25 CAPITAL IMPROVEMENT PROGRAM BUDGET CARRYOVER OF FY 2023/24 CAPITAL FUNDS TO FY 2024/25
Library Department Capital Fund
Project # Project Name / Funding Source*
Source of
Funds
Use of
Funds
Beginning Fund Balance 244,327 -
5055 Central Park Library - Concrete Sidewalk Replacement - 215,700 5049 Central Park Library Public Spaces - 28,627
Library Department Capital Fund Total 244,327 244,327
Parks and Recreation Capital Fund
Project # Project Name / Funding Source*
Source of
Funds
Use of
Funds
Beginning Fund Balance 17,491,303 -
3187 Bowers Roof/Building Replacement Project - 173,745 3133 Central Park Access & Parking Improvements - 2,113,840 3183 Central Park Magical Bridge Playground / Grant Funding and Donations 3,065,020 69,089 3129 Eddie Souza Park Building Repair / Other Revenue 27,847 39,357 3134 Electronic Access for Meeting Rooms - 455,372
3186 Fairway Glen Park Restroom - 4,589
3194 FF&E Developer Delivered Parkland LSAP - 7,246
3195 Henry Schmidt Park Playground Rehabilitation - 400,433 3130 Maywood Park Playground Rehabilitation / Grant Funding 256,622 2,256,622 3128 MFA Developer Reimbursement - 210,572
3184 Montague Park Enhancement - 462,981
3181 Park Impact Fees (Quimby and MFA) Monitoring Project - 868,702 3001 Park Improvements - 20,918
3127 Parkland Acquisition - 10,525,560
3197 Parks Service Center Improvements - 701,209
3196 Planning and Construction of Temporary and/or Permanent ISC Replacement Facility
- 662,609
3198 Quimby Developer Reimbursement - 419,938
3137 Warburton Park Playground Rehabilitation - 1,124,451 3136 Westwood Oaks Park Playground Rehabilitation - 68,590 3177 Youth Soccer Fields & Athletic Facilities- Reed & Grant Street - 254,969 Parks and Recreation Capital Fund Total 20,840,792 20,840,792 Public Buildings Capital Fund
Project # Project Name / Funding Source*
Source of
Funds
Use of
Funds
Beginning Fund Balance 1,429,129 -
6153 ADA Self Evaluation and Transition Plan Update - 10,279 6137 Hazardous Material Management for City Properties - 159,666 6176 Public and Workspace Improvement Planning - 750,000 6123 Public Building Parking Lot Improvements - 353,849 6139 Repair to Historic Buildings - 99,751
6138 Repairs-Modifications to City Buildings - 55,584
Public Buildings Capital Fund Total 1,429,129 1,429,129 3 ATTACHMENT 2
CITY OF SANTA CLARA
RECOMMENDED REVISIONS TO THE FY 2024/25 CAPITAL IMPROVEMENT PROGRAM BUDGET CARRYOVER OF FY 2023/24 CAPITAL FUNDS TO FY 2024/25
Sewer Utility Capital Fund
Project # Project Name / Funding Source*
Source of
Funds
Use of
Funds
Beginning Fund Balance 24,173,461 -
1909 Sanitary Sewer Capacity Improvements - 22,452,460
1919 Sanitary Sewer Hydraulic Modeling As Needed Support - 30,780 1911 Sanitary Sewer System Condition Assessment - 756,522 1912 Sanitary Sewer System Improvements - 183,699
1916 Walsh Avenue @ San Tomas Aquino Creek Sanitary Sewer Siphon Relocation
- 750,000
Sewer Utility Capital Fund Total 24,173,461 24,173,461
Storm Drain Capital Fund
Project # Project Name / Funding Source*
Source of
Funds
Use of
Funds
Beginning Fund Balance 2,528,663 -
1845 Anna Drive Neighborhood Flood Protection / Grant Funding 3,000,000 3,400,000 Temp 49 Bowers Park Parking Lot Rehabilitation - 382,344 1840 Kiely Blvd.-Saratoga Creek Storm Drain Outfall Relocation - 125,500 1843 Lafayette St. Underpass at Subway Pump Station - 10,476 1841 Laurelwood Pump Station Rehabilitation - 441,685
1838 SDPS Motor and Control Maintenance, Repair, and Replacement - 109,195 1811 Storm Drain Pump Station Facility Maintenance & Repair - 118,281 1835 Storm Drain Pump Station Outfall Reconstruction Program - 287,703 1844 Storm Drain Slide Gate Rehabilitation - 98,061
1834 Storm Drain System Improvements - 33,268
1839 Urban Runoff Pollution Prevention Program - 522,150 Storm Drain Capital Fund Total 5,528,663 5,528,663
Street Lighting Capital Fund
Project # Project Name / Funding Source*
Source of
Funds
Use of
Funds
Beginning Fund Balance 3,395,508 -
2875 Great America Street Light Replacement Project - 1,639,691 2874 LED Street Lighting Retrofit - 1,654,814
2871 Miscellaneous Street Lighting - 101,003
Street Lighting Capital Fund Total 3,395,508 3,395,508
Streets and Highways Capital Fund
Project # Project Name / Funding Source*
Source of
Funds
Use of
Funds
Beginning Fund Balance 27,304,677 -
1290 2023 Santa Clara School Pedestrian and Bicycle Safety / Grant Funding 45,200 - 1250 ADA Transition Plan Implementation (Public Right of Way) - 251,920 1239 Adaptive Signal System - 627,321
1255 Adaptive Signal System (Santana West Settlement Agreement) - 917,992 1202 Agnew Road At-Grade Crossing / Other Agencies Revenue 561,598 560,645 1235 Annual Street Maintenance and Rehabilitation Program / VTA-Measure B
6,765,928 11,107,790
1246 Bassett and Laurelwood Bicycle Lanes / Grant Funding 766,933 21,003 1245 Benton Bike Lanes - 1,233,521
1325 Bridge Maintenance Program - 2,189,894
4 ATTACHMENT 2
CITY OF SANTA CLARA
RECOMMENDED REVISIONS TO THE FY 2024/25 CAPITAL IMPROVEMENT PROGRAM BUDGET CARRYOVER OF FY 2023/24 CAPITAL FUNDS TO FY 2024/25
Streets and Highways Capital Fund
Project # Project Name / Funding Source*
Source of
Funds
Use of
Funds
1291 Central Santa Clara Bicycle and Pedestrian Improvement / Grant Funding
9,029,000 11,309,000
1227 Changeable Message Signs - 3,363,299
1287 Citywide Priority Curb Ramp / Grant Funding 309,078 - 1203 Creek Trail Pavement Rehabilitation Program - 1,190,165 1275 De La Cruz Boulevard Class IV Bikeway Study / VTA-Measure B 49,348 - 1289 De La Cruz, Lick Mill, and Scott Blvds Bicycle Improvements / Grant Funding
2,725,000 3,079,000
1266 El Camino Real Bike Lane Project - 200,000
1251 HAWK Beacon on Scott and Harrison - 225,085
1274 Lafayette Street Class IV Bikeway and Pavement Rehabilitation / VTAMeasure B198,758 9,183 1212 LED Traffic Signal & Safety Light Replacements / Grant Funding 485,000 900,810 1267 Lick Mill Pedestrian Beacons Upgrade - 500,000
1280 MCB Class IV Bike Lanes / Grant Funding 11,123 65,000 1237 MCB/GAP Intersection Improvement Project - 42,082
1259 Monroe - Los Padres Traffic Signal Modification - 543,182 1276 Monroe Street Class II Buffered Bicycle Lane Study / VTA-Measure B 68,317 - 1279 Multi-Jurisdictional Transportation Technology / Grant Funding 135,000 135,000 1211 Neighborhood Traffic Calming - 115,338
1220 Pedestrian and Bicycle Enhancement Facilities - 622,115 1205 Pepper Tree Neighborhood Traffic Calming Study - 91,055 1285 Pruneridge Avenue Signal Timing / Grant Funding 84,970 802,695 1254 Public Right-of-Way ADA Improvements (Settlement Agreement) - 389,014 1376 Safe Routes to School / VTA-Measure B 410,335 170,822 1261 Santa Clara School Access Improvements / Grant Funding 357,023 10,461 1268 Santa Clara Vision Zero Plan / Grant Funding 450,000 - 1204 Saratoga Creek Trail (Homeridge Park to Central Park) - 1,750,000 1244 Scott Blvd Traffic Signal Interconnect & Coordination - 121,426 1382 Sidewalk, Curb and Gutter Repair - 286,657
1286 Tasman Complete Streets Plan 2021 Improvements Phase 1 – North San Jose Settlement
- 3,000,000
1260 Traffic Calming (Santana West Settlement Agreement) - 250,000 1282 Traffic Impact Fee Nexus Study Update - 294,120
1218 Traffic Pre-Emptors - 640,321
1219 Traffic Signal Enhancements - 489,310
1232 Traffic Signal Interconnect Upgrade - 868,014
1217 Traffic Signal Management Software Upgrade/Replacement - 276,427 1234 Transportation Modeling Update - 101,049
1271 Tree Replacement - 17,747
1226 Uncontrolled Crosswalks Improvements - 1,027,117
1277 Walsh Avenue Class IV Bikeway Study / VTA-Measure B 38,292 - Streets and Highways Capital Fund Total 49,795,580 49,795,580 5 ATTACHMENT 2
CITY OF SANTA CLARA
RECOMMENDED REVISIONS TO THE FY 2024/25 CAPITAL IMPROVEMENT PROGRAM BUDGET CARRYOVER OF FY 2023/24 CAPITAL FUNDS TO FY 2024/25
Tasman East Infrastructure Improvement Fund
Project # Project Name / Funding Source*
Source of
Funds
Use of
Funds
Beginning Fund Balance 1,433,994 -
4610 Tasman East Administration - 10,849
4611 Tasman East Developer Reimbursement - 1,423,145
Tasman East Infrastructure Improvement Fund Total 1,433,994 1,433,994 Water Utility Capital Fund
Project # Project Name / Funding Source*
Source of
Funds
Use of
Funds
Beginning Fund Balance 3,190,881 -
7005 Buildings and Grounds - 2,095,000
7054 Distribution System Replacement/Restoration - 595,881 7059 New and Replacement Wells - 500,000
Water Utility Capital Fund Total 3,190,881 3,190,881
* Source of fund other than beginning fund balance is shown after the project name.
Total Capital Improvement Program Changes 279,935,629 279,935,629 6 CITY OF SANTA CLARA
RECOMMENDED REVISIONS TO THE FY 2024/25 PROPOSED BUDGET
OTHER ADJUSTMENTS TO CAPITAL AND OPERATING FUNDS
Department
Source of
Funds
Use of
Funds Explanation
Beginning Fund Balance 2,581,859 Reflects the carryover of unspent balances from FY 2023/24 that are recommended to support the
actions described below.
City Manager's Office -
Non-Personnel Carryover
1,630,000 Increases the materials, services, and supplies budget in the City Manager's Office to reflect
carryover of various unspent funds. Of this amount,
$1,500,000 is recommended to be carried over for
Commerce Plaza maintenance and repair costs that
have been delayed and awaiting results of a
feasibility study. These funds were appropriated as
part of the FY 2022/23 Budgetary Year-End Report,
approved by Council on December 12, 2023. Also
recommended to be carried over is $100,000 that
was appropriated as part of the FY 2023/24 and FY
2024/25 Adopted Operating Budget for consulting
services to evaluate the organizational structure of
the City Manager's Office. The remaining $30,000
reflects unspent funds received from the Chamber of
Commerce that will be used for assistance to small
businesses in Santa Clara, as approved by the City
Council at the September 7, 2021 Council meeting.
Finance Department -
Base Budget Technical
Adjustments
64,134 Increases the FY 2024/25 Finance Department
budget to account for the increases in the Peoplesoft
licensing costs, administrative hearings costs, and
the Municipal Services Core Business Technologies
system costs that were inadvertently omitted from the
budget system as part of the development of the FY
2024/25 budget.
Fire Department -
Base Budget Adjustment
12,500 Increases the FY 2024/25 Fire Department budget to account for an increase in the reporting management
system maintenance costs based on the upcoming
upgrade to the ImageTrend system. The system is
used to manage and monitor incident reports,
personnel entries, and evidence for calls. Ongoing
costs will be $10,800 after the first year of
implementation.
ATTACHMENT 2
General Fund (001)
7 CITY OF SANTA CLARA
RECOMMENDED REVISIONS TO THE FY 2024/25 PROPOSED BUDGET
OTHER ADJUSTMENTS TO CAPITAL AND OPERATING FUNDS
ATTACHMENT 2
Department
Source of
Funds
Use of
Funds Explanation
Human Resources -
Non-Personnel Carryover
275,000 Increases the materials, services, and supplies budget in the Human Resources Department to
reflect the carryover of various unspent funds to
complete work that is expected to continue into FY
2024/25. This includes $75,000 to complete
personnel investigations that are underway;
$100,000 for an Ethics documents review; and
$100,000 for labor negotiations.
Human Resources -
Base Budget Technical
Adjustments
50,225 Increases the FY 2024/25 Human Resources
Department budget to account for deferred
compensation consulting services and an increase in
job posting advertising services costs that were
inadvertently omitted from the budget system as part
of the development of the FY 2024/25 budget.
Non-Departmental -
Other Revenue / Community
Grants
400,000 400,000 On June 4, 2024, an initial grant funding agreement with the Forty Niners SC Stadium Company was
approved (RTC 24-591) to provide $200,000 annually
in grant funding for an initial three years to the Santa Clara community and Santa Clara organizations.
This action carries over the first year funding of
$200,000 that will be distributed to the Santa Clara
Swim Club ($100,000), the Bill Wilson Center
($50,000), and the City of Santa Clara Community
Grants Program ($50,000). This action also budgets
the second year funding that will be distributed to the Santa Clara Swim Club ($100,000), the City of Santa
Clara Community Grants Program ($50,000), and a
qualified Santa Clara beneficiary to be determined
($50,000).
Non-Departmental -
City Council Initiatives Carryover
250,000 Increases the materials, services, and supplies budget in the Non-Departmental budget to reflect
carryover of unspent funds for City Council Initiatives As part of the FY 2022/23 Budgetary Year-End
Report, approved by the City Council on December
12, 2023, $250,000 was set aside to fund various
City Council initiatives.
General Fund (001) (Cont'd.)
8 CITY OF SANTA CLARA
RECOMMENDED REVISIONS TO THE FY 2024/25 PROPOSED BUDGET
OTHER ADJUSTMENTS TO CAPITAL AND OPERATING FUNDS
ATTACHMENT 2
Department
Source of
Funds
Use of
Funds Explanation
Non-Departmental -
Employee Recognition Carryover
200,000 Increases the materials, services, and supplies budget in the Non-Departmental budget to reflect
carryover of unspent funds for employee recognition
efforts.
Non-Departmental -
IT Services Evaluation Carryover
100,000 Increases the materials, services, and supplies budget in the Non-Departmental budget to reflect
carryover of unspent funds for a cost-benefit analysis
for the delivery of information technology (IT)
services. As part of the FY 2022/23 Budgetary YearEnd Report, approved by the City Council on December 12, 2023, $100,000 was carried over to
evaluate the City's IT needs and determine the most
efficient and effective way to delivery these services.
Total General Fund 2,981,859 2,981,859
Department
Source of
Funds
Use of
Funds Explanation
Developer Contributions / Santa
Clara Convention Center
Condition Assessment Repair
550,000 550,000 Establishes a developer contribution $550,000 and appropriates the funding to the Santa Clara
Convention Center Condition Assessment Repair
project. This funding reflects the capital contribution by the Convention Center management company,
OVG, as outlined as part of the City's extension with
OVG. This funding will be used for City-approved CIP
projects.
550,000 550,000
Convention Center Capital Fund (865)
General Fund (001) (Cont'd.)
9 CITY OF SANTA CLARA
RECOMMENDED REVISIONS TO THE FY 2024/25 PROPOSED BUDGET
OTHER ADJUSTMENTS TO CAPITAL AND OPERATING FUNDS
ATTACHMENT 2
Department
Source of
Funds
Use of
Funds Explanation
Convention Center - Indirect
Expense
202,856 Increases the Indirect Expense appropriation for the Convention Center to reflect various updates to the
Levy expenses, the addition of a Director of
Operations position, and a true-up of the
management fee based on CPI.
Unrestricted Ending Fund Balance (202,856) Decreases the Unrestricted Ending Fund Balance to offset the action above.
- -
Department
Source of
Funds
Use of
Funds Explanation
Other Fees for Services / Ending
Fund Balance - Reserve for
Maintenance
(11,670) (11,670) Decreases the Other Fees for Services revenue estimate and the Reserve for Maintenance Ending
Fund Balance as the Levy of Benefit Assessment
upon the City of Santa Clara Parking Maintenance
District No. 122 - Franklin Square was not approved
by Council on June 4, 2024.
(11,670) (11,670)
Department
Source of
Funds
Use of
Funds Explanation
Electric Department -
Salaries and Benefits
394,787 Increases the Salaries and Benefits budget to
account for the annual cost of 1.0 FTE Assistant
Director of Electric Utility which was approved by
Council on April 23, 2024 in RTC 24-354. The
position is added to assist with system expansion. At
a minimum, this new position will be responsible for
(1) supporting SVP’s three receiving station projects,
(2) a new 115kV transmission project, and (3) other
system expansion projects. The position is limitedterm and will be factored into future budgets through FY 2028/29.
Unrestricted Ending Fund Balance (394,787) Decreases the Unrestricted Ending Fund Balance to offset the action above.
- -
Downtown Parking Maintenance District Fund (025)
Electric Utility Fund (091)
Convention Center Enterprise Fund (860)
10 CITY OF SANTA CLARA
RECOMMENDED REVISIONS TO THE FY 2024/25 PROPOSED BUDGET
OTHER ADJUSTMENTS TO CAPITAL AND OPERATING FUNDS
ATTACHMENT 2
Department
Source of
Funds
Use of
Funds Explanation
CDBG - Public Services (400) On May 7, 2024, the City Council approved the FY 2024/25 Annual Action Plan and directed staff to
incorporate public comment into the final version
prior to submission to Housing and Urban
Development (HUD). This action incorporates all
changes and aligns to the final version submitted to
HUD.
NCIP - CDBG 400 On May 7, 2024, the City Council approved the FY 2024/25 Annual Action Plan and directed staff to
incorporate public comment into the final version
prior to submission to Housing and Urban
Development (HUD). This action incorporates all
changes and aligns to the final version submitted to
HUD.
- -
Department
Source of
Funds
Use of
Funds Explanation
Beginning Fund Balance 200,000 Reflects the carryover of unspent balances from FY 2023/24 that are recommended to support the action
described below.
Information Technology -
Non-Personnel Carryover
200,000 Increases the Information Technology Department's materials, services, and supplies budget to reflect the carryover of unspent funds for the IT Strategic Plan
($100,000) and the IT Sourcing Strategy ($100,000).
200,000 200,000
Housing and Urban Development Fund (562)
Information Technology Services Fund (045)
11 CITY OF SANTA CLARA
RECOMMENDED REVISIONS TO THE FY 2024/25 PROPOSED BUDGET
OTHER ADJUSTMENTS TO CAPITAL AND OPERATING FUNDS
ATTACHMENT 2
Department
Source of
Funds
Use of
Funds Explanation
San José - Santa Clara Regional
Wastewater Facility Project
377,469 Increases the San José - Santa Clara Regional
Wastewater Facility Project (from $9,319,696 to
$9,697,165) to reflect the latest allocations provided
by the City of San José.
Unrestricted Ending Fund Balance (377,469) Decreases the ending fund balance to offset the recommendation above.
- -
Department
Source of
Funds
Use of
Funds Explanation
Resource / Production 4,209,530 Increases the resource and production budget (from $20,482,100 to $24,691,630) to cover the operations
and maintenance costs associated with the San José
- Santa Clara Regional Wastewater Facility. This
reflects the latest estimate provided to the City by the City of San José.
Unrestricted Ending Fund Balance (4,209,530) Decreases the ending fund balance to offset the recommendation above.
- -
Sewer Utility Capital Fund (594)
Sewer Utility Fund (094)
12 CITY OF SANTA CLARA
FY 2024/25 APPROPRIATION SCHEDULE - OPERATING FUNDS
ATTACHMENT 3
Fund
Mayor and City
Council Offices
City Attorney's
Office
City Clerk's
Office
City Auditor's
Office
City Manager's
Office
Community
Development
Department
General Fund 1,196,923 3,357,661 2,102,267 990,178 8,222,051 5,575,313 Special Revenue Funds
Bridge Maintenance District #2 Fund
Building Development Services Fund 15,285,186
Building Special Programs and Training Fund 44,995
City Affordable Housing Fund 1,593,647
Community Facilities District 2019-1 Lawrence Station
Fund
Convention Center Maintenance District Fund
Downtown Parking Maintenance District Fund
Endowment Care Fund
Fire Development Services Fund
Fire Operating Grant Trust Fund
Gas Tax Fund
Housing and Urban Development Fund 2,532,068
Housing Authority Fund 468,931
Housing Successor Agency Fund 902,579
Park and Recreation Operating Grant Trust Fund
Perpetual Care Fund
Public, Educational and Governmental Fee Fund
Road Maintenance and Rehabilitation (SB1) Fund
Traffic Mitigation Fund
TOTAL 0 0 0 0 0 20,827,406
Enterprise Funds
Cemetery Fund
Convention Center Enterprise Fund
Electric Operating Grant Trust Fund
Electric Utility Fund
Sewer Utility Fund
Solid Waste Fund
Water Recycling Fund
Water Utility Fund
TOTAL 0 0 0 0 0 0
Internal Service Funds
Communications Acquisitions Fund
Fleet Operations Fund
Information Technology Service Fund
CITY OF SANTA CLARA
FY 2024/25 APPROPRIATION SCHEDULE - OPERATING FUNDS
ATTACHMENT 3
Fund
Mayor and City
Council Offices
City Attorney's
Office
City Clerk's
Office
City Auditor's
Office
City Manager's
Office
Community
Development
Department
Public Works Capital Projects Management Services
Fund
Special Liability Insurance Fund
Unemployment Insurance Fund
Vehicle Replacement Fund
Workers' Compensation Fund
TOTAL 0 0 0 0 0 0
Debt Service Funds
Electric Utility Debt Service Fund
Public Facilities Financing Corporation Fund
Sewer Utility Debt Service Fund
TOTAL 0 0 0 0 0 0
Other Agency Fund
Sports and Open Space Authority Fund
TOTAL 0 0 0 0 0 0
GRAND TOTAL 1,196,923 3,357,661 2,102,267 990,178 8,222,051 26,402,719
CITY OF SANTA CLARA
FY 2024/25 APPROPRIATION SCHEDULE - OPERATING FUNDS
ATTACHMENT 3
Fund
General Fund
Special Revenue Funds
Bridge Maintenance District #2 Fund
Building Development Services Fund
Building Special Programs and Training Fund
City Affordable Housing Fund
Community Facilities District 2019-1 Lawrence Station
Fund
Convention Center Maintenance District Fund
Downtown Parking Maintenance District Fund
Endowment Care Fund
Fire Development Services Fund
Fire Operating Grant Trust Fund
Gas Tax Fund
Housing and Urban Development Fund
Housing Authority Fund
Housing Successor Agency Fund
Park and Recreation Operating Grant Trust Fund
Perpetual Care Fund
Public, Educational and Governmental Fee Fund
Road Maintenance and Rehabilitation (SB1) Fund
Traffic Mitigation Fund
TOTAL
Enterprise Funds
Cemetery Fund
Convention Center Enterprise Fund
Electric Operating Grant Trust Fund
Electric Utility Fund
Sewer Utility Fund
Solid Waste Fund
Water Recycling Fund
Water Utility Fund
TOTAL
Internal Service Funds
Communications Acquisitions Fund
Fleet Operations Fund
Information Technology Service Fund
Electric Utility
Department
Finance
Department Fire Department
Human
Resources
Department
Information
Technology
Department
Library
Department
20,018,504 66,292,191 4,845,256 11,732,505
1,671
3,396,403
4,297,283
200,000
0 1,671 7,693,686 0 200,000 0
68,826,299
693,341,184
762,167,483 0 0 0 0 0
15,439,338
CITY OF SANTA CLARA
FY 2024/25 APPROPRIATION SCHEDULE - OPERATING FUNDS
ATTACHMENT 3
Fund
Public Works Capital Projects Management Services
Fund
Special Liability Insurance Fund
Unemployment Insurance Fund
Vehicle Replacement Fund
Workers' Compensation Fund
TOTAL
Debt Service Funds
Electric Utility Debt Service Fund
Public Facilities Financing Corporation Fund
Sewer Utility Debt Service Fund
TOTAL
Other Agency Fund
Sports and Open Space Authority Fund
TOTAL
GRAND TOTAL
Electric Utility
Department
Finance
Department Fire Department
Human
Resources
Department
Information
Technology
Department
Library
Department
0 0 0 0 15,439,338 0
0 0 0 0 0 0
0 0 0 0 0 0
762,167,483 20,020,175 73,985,877 4,845,256 15,639,338 11,732,505
CITY OF SANTA CLARA
FY 2024/25 APPROPRIATION SCHEDULE - OPERATING FUNDS
ATTACHMENT 3
Fund
General Fund
Special Revenue Funds
Bridge Maintenance District #2 Fund
Building Development Services Fund
Building Special Programs and Training Fund
City Affordable Housing Fund
Community Facilities District 2019-1 Lawrence Station
Fund
Convention Center Maintenance District Fund
Downtown Parking Maintenance District Fund
Endowment Care Fund
Fire Development Services Fund
Fire Operating Grant Trust Fund
Gas Tax Fund
Housing and Urban Development Fund
Housing Authority Fund
Housing Successor Agency Fund
Park and Recreation Operating Grant Trust Fund
Perpetual Care Fund
Public, Educational and Governmental Fee Fund
Road Maintenance and Rehabilitation (SB1) Fund
Traffic Mitigation Fund
TOTAL
Enterprise Funds
Cemetery Fund
Convention Center Enterprise Fund
Electric Operating Grant Trust Fund
Electric Utility Fund
Sewer Utility Fund
Solid Waste Fund
Water Recycling Fund
Water Utility Fund
TOTAL
Internal Service Funds
Communications Acquisitions Fund
Fleet Operations Fund
Information Technology Service Fund
Parks &
Recreation
Department
Police
Department
Department of
Public Works
Water and
Sewer Utility
Department
NonDepartmentalConvention
Center
23,172,047 92,074,298 27,325,009 42,668,986
248,531 97,603 38,337
1,862,825
153,126
30,000
4,520,000
152,363
500
4,301,915
1,331,000
431,394 97,603 12,207,203 0 0 0
1,631,437
20,749,930
48,056,197
41,325,198
9,307,540
61,955,133
1,631,437 0 41,325,198 119,318,870 0 20,749,930
1,067,904
5,939,015
CITY OF SANTA CLARA
FY 2024/25 APPROPRIATION SCHEDULE - OPERATING FUNDS
ATTACHMENT 3
Fund
Public Works Capital Projects Management Services
Fund
Special Liability Insurance Fund
Unemployment Insurance Fund
Vehicle Replacement Fund
Workers' Compensation Fund
TOTAL
Debt Service Funds
Electric Utility Debt Service Fund
Public Facilities Financing Corporation Fund
Sewer Utility Debt Service Fund
TOTAL
Other Agency Fund
Sports and Open Space Authority Fund
TOTAL
GRAND TOTAL
Parks &
Recreation
Department
Police
Department
Department of
Public Works
Water and
Sewer Utility
Department
NonDepartmentalConvention
Center
4,373,674
5,827,284
0 1,067,904 16,139,973 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
25,234,878 93,239,805 96,997,383 119,318,870 42,668,986 20,749,930
CITY OF SANTA CLARA
FY 2024/25 APPROPRIATION SCHEDULE - OPERATING FUNDS
ATTACHMENT 3
Fund
General Fund
Special Revenue Funds
Bridge Maintenance District #2 Fund
Building Development Services Fund
Building Special Programs and Training Fund
City Affordable Housing Fund
Community Facilities District 2019-1 Lawrence Station
Fund
Convention Center Maintenance District Fund
Downtown Parking Maintenance District Fund
Endowment Care Fund
Fire Development Services Fund
Fire Operating Grant Trust Fund
Gas Tax Fund
Housing and Urban Development Fund
Housing Authority Fund
Housing Successor Agency Fund
Park and Recreation Operating Grant Trust Fund
Perpetual Care Fund
Public, Educational and Governmental Fee Fund
Road Maintenance and Rehabilitation (SB1) Fund
Traffic Mitigation Fund
TOTAL
Enterprise Funds
Cemetery Fund
Convention Center Enterprise Fund
Electric Operating Grant Trust Fund
Electric Utility Fund
Sewer Utility Fund
Solid Waste Fund
Water Recycling Fund
Water Utility Fund
TOTAL
Internal Service Funds
Communications Acquisitions Fund
Fleet Operations Fund
Information Technology Service Fund
Other Agency
Other Internal
Service Debt Service Grand Total
309,573,189
0 15,285,186
44,995
1,593,647
386,142
1,862,825
153,126
30,000
3,396,403
4,297,283
4,520,000
2,532,068
468,931
902,579
152,363
500
200,000
4,301,915
1,331,000
0 0 0 41,458,963
1,631,437
20,749,930
68,826,299
693,341,184
48,056,197
41,325,198
9,307,540
61,955,133
0 0 0 945,192,918
1,067,904
5,939,015
15,439,338
CITY OF SANTA CLARA
FY 2024/25 APPROPRIATION SCHEDULE - OPERATING FUNDS
ATTACHMENT 3
Fund
Public Works Capital Projects Management Services
Fund
Special Liability Insurance Fund
Unemployment Insurance Fund
Vehicle Replacement Fund
Workers' Compensation Fund
TOTAL
Debt Service Funds
Electric Utility Debt Service Fund
Public Facilities Financing Corporation Fund
Sewer Utility Debt Service Fund
TOTAL
Other Agency Fund
Sports and Open Space Authority Fund
TOTAL
GRAND TOTAL
Other Agency
Other Internal
Service Debt Service Grand Total
4,373,674
6,530,000 6,530,000
110,000 110,000
5,827,284
6,437,000 6,437,000
0 13,077,000 0 45,724,215
147,554,002 147,554,002
1,405,940 1,405,940
3,303,762 3,303,762
0 0 152,263,704 152,263,704
10,200 10,200
10,200 0 0 10,200
10,200 13,077,000 152,263,704 1,494,223,189
ATTACHMENT 3
CITY OF SANTA CLARA
FY 2024/25 APPROPRIATION SCHEDULE - CAPITAL IMPROVEMENT PROGRAM FUNDS Project Number Project Name
Proposed
FY 2024/25
Carryover from
FY 2023/24 /
Other
Adjustments
Revised
FY 2024/25
Proposed
FY 2025/26
Cemetery Capital Fund (593)
3699 PW CIP Management Services 4,689 - 4,689 4,813
TOTAL 4,689 - 4,689 4,813
Convention Center Capital Fund (865)
8101 Santa Clara Convention Center Condition Assessment 2,150,000 2,276,973 4,426,973 - TOTAL 2,150,000 2,276,973 4,426,973 -
Electric Utility Capital Fund (591)
2452 60KV Breaker Upgrades - 2,295,967 2,295,967 -
2461 Battery Energy Storage System 3,750,000 655,565 4,405,565 - 2457 Bowers Avenue Junction - 1,410,893 1,410,893 -
2398 Clean Energy and Carbon Reduction - 4,118,106 4,118,106 - 2464 Democracy Substation - 44,612 44,612 -
2435 DOT Gas Pipeline Upgrades and Repairs 300,000 889,866 1,189,866 - 2465 Duane-Scott 115kV Reconductor 800,000 1,620,000 2,420,000 - 2441 Electric Vehicle (EV) Charging - 2,764,150 2,764,150 - 2010 Electric Yard Buildings and Grounds 360,000 1,495,642 1,855,642 300,000 2418 Esperanca Substation 16,000,000 10,025,175 26,025,175 130,000 2004 Fiber Development, Design, and Expansion 2,417,515 2,647,987 5,065,502 2,009,500 2451 Freedom Circle Junction Substation - 1,625,613 1,625,613 - 2119 Generation Capital Maintenance and Betterments 1,500,000 731,441 2,231,441 1,500,000 2460 Grizzly Tap Line Repairs 9,000,000 4,229,588 13,229,588 - 2431 Homestead Substation Rebuild 2,365,000 1,414,815 3,779,815 3,135,000 2111 Implementation of Advanced Metering Infrastructure (AMI) - 66,585 66,585 - 2462 Juliette Substation Expansion and Transformer Rerate - 12,668,736 12,668,736 - 2453 KRS Rebuild and Replacement 23,000,000 6,399,727 29,399,727 84,000,000 2443 Laurelwood Substation - 2,934,614 2,934,614 -
2127 Major Engine Overhaul and Repair 2,485,000 2,699,601 5,184,601 60,000 2450 Martin Avenue Junction Substation - 6,643,334 6,643,334 - 2449 Memorex Junction Substation - 3,625,476 3,625,476 - FY25 Temp 50 Agnew Rebuild and Expansion - 3,000,000 3,000,000 - FY25 Temp 51 Northwestern – Zeno 60kV Reconductor - 3,000,000 3,000,000 - FY25 Temp 52 Palm Substation Expansion - 3,000,000 3,000,000 - 2005 New Business Estimate Work 10,360,000 3,232,493 13,592,493 10,640,000 2444 Northwest Loop Capacity Upgrade 5,625,000 12,815,096 18,440,096 - 2454 NRS Upgrades and Expansion 47,000,000 6,459,873 53,459,873 87,000,000 2455 NRS-KRS 115kV Line 11,780,000 6,541,389 18,321,389 26,305,000 2395 Operations and Planning Technology 4,030,000 1,605,962 5,635,962 1,250,000 2446 Renewable Energy Microgrid - 3,970,059 3,970,059 - 2434 Replace Balance of Plant Control System (DCS) 115,000 514,044 629,044 - 2442 San Tomas Junction - 119,238 119,238 -
2466 South Loop Reconductor 18,000,000 610,000 18,610,000 1,400,000 2456 SRS Rebuild and Replacement 23,000,000 6,534,425 29,534,425 75,000,000 2448 Stender Way Junction Substation - 3,280,208 3,280,208 - 2429 Storm Water Compliance - 175,922 175,922 -
2008 Substation Capital Maintenance and Betterments 1,135,000 1,034,000 2,169,000 1,135,000 2447 Substation Control and Communication System 200,000 5,120,764 5,320,764 225,000 2424 Substation Physical Security Improvements 500,000 224,472 724,472 - 2410 System Expansion Planning and Analysis 910,000 2,176,004 3,086,004 570,000 2006 Transmission and Distribution Capital Maintenance and Betterments
12,855,000 10,824,539 23,679,539 7,270,000
2459 Transmission Loop 1 5,485,000 5,146,942 10,631,942 15,000 2463 Transmission Loop 2 - 2,000,000 2,000,000 -
2124 Transmission System Reinforcements - 1,248,262 1,248,262 - 2423 Utility Billing CIS Replacement - 2,000,000 2,000,000 1,500,000 2437 Valve Replacement and Repair - 1,048,828 1,048,828 - 2458 Walsh-Uranium 60kV Reconductor 9,360,000 2,750,047 12,110,047 85,000 2432 Yard Pavement Project - 816,713 816,713 500,000
TOTAL 212,332,515 160,256,773 372,589,288 304,029,500
Fire Department Capital Fund (536)
4094 Computer Aided Dispatch (CAD) Alerting System Upgrade - 21,377 21,377 - 4089 Defibrillator/Monitor Replacement 70,000 - 70,000 - 4088 EMS System First Responder Projects - 9,695 9,695 - 4067 Fire Department Accela Implementation - 169,000 169,000 -
ATTACHMENT 3
CITY OF SANTA CLARA
FY 2024/25 APPROPRIATION SCHEDULE - CAPITAL IMPROVEMENT PROGRAM FUNDS Project Number Project Name
Proposed
FY 2024/25
Carryover from
FY 2023/24 /
Other
Adjustments
Revised
FY 2024/25
Proposed
FY 2025/26
Fire Department Capital Fund (536) (Cont'd.)
4061 Fire Station 3 Sprinklers - 66,000 66,000 -
4062 Fire Station Washers and Dryers - 72,000 72,000 -
FY25 Temp 21 EOC Security Upgrades 294,000 - 294,000 -
4084 Protective Equipment Replacement 592,019 48,815 640,834 - 4099 PW Capital Projects Management - Fire 13,681 - 13,681 14,045 4070 Training Tower Stair Repair 504,000 7,549 511,549 - TOTAL 1,473,700 394,436 1,868,136 14,045
General Government Capital Fund (539)
6549 Agenda and Document Management Systems - 400,000 400,000 - 6118 CAD/RMS System Replacement - 178,429 178,429 -
6513 Computer Replacement Program - 230,631 230,631 -
6550 Cyber Security Risk Mitigation 410,000 - 410,000 - 6563 El Camino Real Specific Plan - 875,968 875,968 -
6551 End User/Desktop Transformation - 95,851 95,851 -
6501 FHRMS Update Project 655,000 1,116,917 1,771,917 450,000 6534 GIS Enterprise System (Geospatial Information System) 300,000 87,493 387,493 300,000 6532 Intranet Collaboration Suite Implementation - 175,375 175,375 - 6558 Morse Mansion Maintenance & Repair 50,000 68,042 118,042 - FY25 Temp 03 Enterprise Asset Management DPW 100,000 - 100,000 - FY25 Temp 19 City Hall Data Center HVAC Remediation 350,000 - 350,000 - FY25 Temp 20 Police Vehicle Mobile Data Computer Replacement 515,804 - 515,804 - 6555 Office Reconfiguration - 257,769 257,769 -
6075 Permit Information System - 226,263 226,263 -
6564 Precise Plan for Downtown - 1,611 1,611 -
6599 PW Capital Projects Management - General Government 9,016 - 9,016 9,256 6562 Transportation Demand Management - 158,374 158,374 - 6179 UPRR Agnew Siding Project - City Utility
Protection/Relocation
- 1,594,927 1,594,927 -
6103 Utility Management Information System (UMIS)
Enhancements
1,000 2,057,462 2,058,462 1,000
TOTAL 2,390,820 7,525,112 9,915,932 760,256
Library Department Capital Fund (537)
5055 Central Park Library - Concrete Sidewalk Replacement - 215,700 215,700 - 5049 Central Park Library Public Spaces - 28,627 28,627 - FY25 Temp 34 Northside Branch Library - Automated Materials Handling System
332,400 - 332,400 -
FY25 Temp 38 Central Park Library - Radio Coverage 120,000 - 120,000 - 5099 PW Capital Projects Management - Library 19,448 - 19,448 19,966 TOTAL 471,848 244,327 716,175 19,966
Parks and Recreation Capital Fund (532)
3187 Bowers Roof/Building Replacement Project 1,237,034 173,745 1,410,779 - 3133 Central Park Access & Parking Improvements 3,000,000 2,113,840 5,113,840 - 3183 Central Park Magical Bridge Playground - 69,089 69,089 - 3132 Community Park North - Phase I - - - 500,000
3131 Earl Carmichael Park Playground Rehabilitation - - - 507,705 3129 Eddie Souza Park Building Repair - 39,357 39,357 - 3134 Electronic Access for Meeting Rooms - 455,372 455,372 - 3186 Fairway Glen Park Restroom - 4,589 4,589 -
3194 FF&E Developer Delivered Parkland LSAP - 7,246 7,246 - 3195 Henry Schmidt Park Playground Rehabilitation - 400,433 400,433 - 3190 Mary Gomez Park Playground Rehabilitation - - - 414,000 3130 Maywood Park Playground Rehabilitation 80,760 2,256,622 2,337,382 257,733 3128 MFA Developer Reimbursement - 210,572 210,572 -
3184 Montague Park Enhancement - 462,981 462,981 -
FY25 Temp 45 Senior Center Natatorium HVAC Project - Ph 1 172,500 - 172,500 - FY25 Temp 48 Lawn Bowls Improvements 175,000 - 175,000 - 3181 Park Impact Fees (Quimby and MFA) Monitoring Project - 868,702 868,702 - 3001 Park Improvements 470,000 20,918 490,918 479,400
3127 Parkland Acquisition - 10,525,560 10,525,560 -
3197 Parks Service Center Improvements 235,000 701,209 936,209 - 3196 Planning and Construction of Temporary and/or Permanent ISC Replacement Facility
500,000 662,609 1,162,609 500,000
ATTACHMENT 3
CITY OF SANTA CLARA
FY 2024/25 APPROPRIATION SCHEDULE - CAPITAL IMPROVEMENT PROGRAM FUNDS Project Number Project Name
Proposed
FY 2024/25
Carryover from
FY 2023/24 /
Other
Adjustments
Revised
FY 2024/25
Proposed
FY 2025/26
Parks and Recreation Capital Fund (532) (Cont'd.)
3199 PW Capital Projects Management - Parks & Recreation 759,672 - 759,672 - 3198 Quimby Developer Reimbursement - 419,938 419,938 - 3137 Warburton Park Playground Rehabilitation - 1,124,451 1,124,451 - 3136 Westwood Oaks Park Playground Rehabilitation - 68,590 68,590 - 3177 Youth Soccer Fields & Athletic Facilities- Reed & Grant Street
- 254,969 254,969 -
6,629,966 20,840,792 27,470,758 2,658,838
Public Buildings Capital Fund (538)
6153 ADA Self Evaluation and Transition Plan Update - 10,279 10,279 - 6137 Hazardous Material Management for City Properties - 159,666 159,666 - FY25 Temp 04 City Buildings - Upgrade Lighting to LED Project 500,000 - 500,000 - FY25 Temp 05 City Hall Gutter and Waterproofing Repair Project 485,000 - 485,000 - FY25 Temp 13 Electric Vehicle Charging (Fleet) 200,000 - 200,000 - 6176 Public and Workspace Improvement Planning - 750,000 750,000 - 6123 Public Building Parking Lot Improvements - 353,849 353,849 - 6199 PW Capital Projects Management - Public Buildings 297,207 - 297,207 305,122 6139 Repair to Historic Buildings 100,000 99,751 199,751 100,000 6138 Repairs-Modifications to City Buildings 175,000 55,584 230,584 175,000 6140 Triton Museum Repair and Modifications 35,000 - 35,000 35,000 TOTAL 1,792,207 1,429,129 3,221,336 615,122
Recycled Water Capital Fund (597)
7505 Recycled Water System Mains and Services 400,000 - 400,000 50,000 TOTAL 400,000 - 400,000 50,000
Related Santa Clara Developer Fund (540)
4511 Related General Admin Project 145,344 - 145,344 153,011 4513 Other Development Project Services 650,000 - 650,000 650,000 TOTAL 795,344 - 795,344 803,011
Sewer Utility Capital Fund (594)
1908 S.J.-S.C. Regional Wastewater Facility 9,319,696 377,469 10,074,634 13,962,046 1909 Sanitary Sewer Capacity Improvements 6,000,000 22,452,460 28,452,460 6,000,000 1911 Sanitary Sewer System Condition Assessment 1,000,000 756,522 1,756,522 1,000,000 1912 Sanitary Sewer System Improvements 3,100,000 183,699 3,283,699 1,100,000 1919 Sanitary Sewer Hydraulic Modeling As Needed Support 150,776 30,780 181,556 154,586 1916 Walsh Avenue @ San Tomas Aquino Creek Sanitary
Sewer Siphon Relocation
- 750,000 750,000 -
TOTAL 19,570,472 24,550,930 44,498,871 22,216,632
Solid Waste Capital Fund (596)
6109 Sanitary Landfill Development - Post Closure 788,000 - 788,000 812,000 TOTAL 788,000 - 788,000 812,000
Storm Drain Capital Fund (535)
1700 Transfer to the General Fund 1,454,000 - 1,454,000 1,454,000 1845 Anna Drive Neighborhood Flood Protection - 3,400,000 3,400,000 - 1840 Kiely Blvd.-Saratoga Creek Storm Drain Outfall Relocation - 125,500 125,500 - 1843 Lafayette St. Underpass at Subway Pump Station - 10,476 10,476 - 1841 Laurelwood Pump Station Rehabilitation - 441,685 441,685 - FY25 Temp 09 Green Stormwater Infrastructure Design & Construction 747,500 - 747,500 - FY25 Temp 11 Storm SCADA Fiber Ready Project 364,315 - 364,315 - FY25 Temp 43 Storm Drain Pump Station RTU Upgrade 690,000 - 690,000 - FY25 Temp 49 Bowers Park Parking Lot Rehabilitation 63,000 382,344 445,344 - 1899 PW Capital Projects Management - Storm Drain 121,400 - 121,400 124,633 1838 SDPS Motor and Control Maintenance, Repair, and
Replacement
315,000 109,195 424,195 330,750
1811 Storm Drain Pump Station Facility Maintenance & Repair 74,550 118,281 192,831 - 1835 Storm Drain Pump Station Outfall Reconstruction Program - 287,703 287,703 - 1831 Storm Drain Repairs and Maintenance 150,000 - 150,000 150,000 1844 Storm Drain Slide Gate Rehabilitation - 98,061 98,061 - 1834 Storm Drain System Improvements - 33,268 33,268 -
1839 Urban Runoff Pollution Prevention Program - 522,150 522,150 - TOTAL 3,979,765 5,528,663 9,508,428 2,059,383
ATTACHMENT 3
CITY OF SANTA CLARA
FY 2024/25 APPROPRIATION SCHEDULE - CAPITAL IMPROVEMENT PROGRAM FUNDS Project Number Project Name
Proposed
FY 2024/25
Carryover from
FY 2023/24 /
Other
Adjustments
Revised
FY 2024/25
Proposed
FY 2025/26
Street Lighting Capital Fund (534)
2875 Great America Street Light Replacement Project 5,240,000 1,639,691 6,879,691 - 2874 LED Street Lighting Retrofit - 1,654,814 1,654,814 - 2871 Miscellaneous Street Lighting 125,000 101,003 226,003 125,000 TOTAL 5,365,000 3,395,508 8,760,508 125,000
Streets and Highways Capital Fund (533)
1250 ADA Transition Plan Implementation (Public Right of Way) 250,000 251,920 501,920 250,000 1239 Adaptive Signal System - 627,321 627,321 -
1255 Adaptive Signal System (Santana West Settlement
Agreement)
- 917,992 917,992 -
1202 Agnew Road At-Grade Crossing - 560,645 560,645 -
1235 Annual Street Maintenance and Rehabilitation Program 11,168,373 11,107,790 22,276,163 8,766,458 1246 Bassett and Laurelwood Bicycle Lanes - 21,003 21,003 - 1245 Benton Bike Lanes - 1,233,521 1,233,521 -
1281 Bicycle Plan Implementation Studies - - - -
1325 Bridge Maintenance Program - 2,189,894 2,189,894 - 1291 Central Santa Clara Bicycle and Pedestrian Improvement - 11,309,000 11,309,000 - 1227 Changeable Message Signs - 3,363,299 3,363,299 -
1203 Creek Trail Pavement Rehabilitation Program - 1,190,165 1,190,165 - 1288 Cupertino-Santa Clara On-Demand Shuttle Project 808,855 - 808,855 501,598 1289 De La Cruz, Lick Mill, and Scott Blvds Bicycle - 3,079,000 3,079,000 - 1266 El Camino Real Bike Lane Project 515,000 200,000 715,000 135,000 1251 HAWK Beacon on Scott and Harrison - 225,085 225,085 - 1274 Lafayette Street Class IV Bikeway and Pavement
Rehabilitation
- 9,183 9,183 -
1212 LED Traffic Signal & Safety Light Replacements - 900,810 900,810 300,000 1267 Lick Mill Pedestrian Beacons Upgrade - 500,000 500,000 - 1280 MCB Class IV Bike Lanes - 65,000 65,000 -
1237 MCB/GAP Intersection Improvement Project - 42,082 42,082 - 1259 Monroe - Los Padres Traffic Signal Modification - 543,182 543,182 - FY25 Temp 16 Quick Build Bike and Pedestrian Safety Project - - - 100,000 FY25 Temp 17 Retroreflective Borders on Traffic Signal Backplates - - - 100,000 1279 Multi-Jurisdictional Transportation Technology - 135,000 135,000 - 1211 Neighborhood Traffic Calming 100,000 115,338 215,338 105,000 1220 Pedestrian and Bicycle Enhancement Facilities 100,000 622,115 722,115 365,000 1205 Pepper Tree Neighborhood Traffic Calming Study - 91,055 91,055 - 1285 Pruneridge Avenue Signal Timing - 802,695 802,695 - 1254 Public Right-of-Way ADA Improvements (Settlement
Agreement)
- 389,014 389,014 -
1199 PW Capital Projects Management - Streets and Highways 2,628,125 - 2,628,125 2,698,114 1376 Safe Routes to School 75,000 170,822 245,822 75,000 1261 Santa Clara School Access Improvements - 10,461 10,461 - 1225 Santa Clara VTA - Congestion Management Program 281,000 - 281,000 291,000 1204 Saratoga Creek Trail (Homeridge Park to Central Park) - 1,750,000 1,750,000 - 1244 Scott Blvd Traffic Signal Interconnect & Coordination - 121,426 121,426 - 1382 Sidewalk, Curb and Gutter Repair 730,000 286,657 1,016,657 730,000 1273 Street Tree Services 438,720 - 438,720 451,882
1286 Tasman Complete Streets Plan 2021 Improvements Phase 1 – North San Jose Settlement
1,750,000 3,000,000 4,750,000 1,750,000
1260 Traffic Calming (Santana West Settlement Agreement) - 250,000 250,000 - 1256 Traffic Engineering Consultant Support 100,000 - 100,000 - 1282 Traffic Impact Fee Nexus Study Update - 294,120 294,120 - 1218 Traffic Pre-Emptors - 640,321 640,321 -
1357 Traffic Signal Controller Upgrade/Replacement - - - - 1219 Traffic Signal Enhancements 1,000,000 489,310 1,489,310 150,000 1232 Traffic Signal Interconnect Upgrade 250,000 868,014 1,118,014 100,000 1217 Traffic Signal Management Software - 276,427 276,427 - 1234 Transportation Modeling Update - 101,049 101,049 50,000 1271 Tree Replacement - 17,747 17,747 -
1226 Uncontrolled Crosswalks Improvements 1,000,000 1,027,117 2,027,117 250,000 TOTAL 21,195,073 49,795,580 70,990,653 17,169,052
ATTACHMENT 3
CITY OF SANTA CLARA
FY 2024/25 APPROPRIATION SCHEDULE - CAPITAL IMPROVEMENT PROGRAM FUNDS Project Number Project Name
Proposed
FY 2024/25
Carryover from
FY 2023/24 /
Other
Adjustments
Revised
FY 2024/25
Proposed
FY 2025/26
Tasman East Infrastructure Improvement Fund (541)
4610 Tasman East Administration 28,150 10,849 38,999 28,995 4611 Tasman East Developer Reimbursement 1,404,043 1,423,145 2,827,188 1,404,043 TOTAL 1,432,193 1,433,994 2,866,187 1,433,038
Water Utility Capital Fund (592)
7005 Buildings and Grounds 1,050,000 2,095,000 3,145,000 2,250,000 7054 Distribution System Replacement/Restoration 3,300,000 595,881 3,895,881 3,000,000 7059 New and Replacement Wells 1,200,000 500,000 1,700,000 600,000 7058 SCADA Improvements 245,000 - 245,000 325,000
TOTAL 5,795,000 3,190,881 8,985,881 6,175,000
GRAND TOTAL 286,566,592 280,863,098 567,807,159 358,945,656
Attachment 4
FY 2024/25 and FY 2025/26 Proposed Capital Budget
Responses to Questions from the Budget Study Sessions
May 7, 2024 Study Session
1. What is the difference between the $45 million of unfunded Strom Drain projects listed in the CIP and the unfunded projects in the Storm Drain Master Plan of $290 million?
Response: The $45 million included on the unfunded projects list is a subset of the $290 million identified in the Storm Drain Master Plan and reflects the most urgent needs over the five-year CIP cycle, as identified by the Department of Public Works. Given the size of the needs, they are phased in with only a portion reflected in the five-year CIP.
2. Will the potential bond get the City through the $626 million of unfunded needs? Please reconcile the timing of the bond (30-year bond vs. five-years of unfunded needs).
Response: The sizing of a potential bond measure has not yet been finalized; however, the City has been evaluating a $598 million bond. While that would not address the complete list of unfunded projects, it would make a sizable dent in addressing those needs. This would be a substantial investment in the City and provide dedicated one-time funding that currently does not exist to address the City’s capital needs.
If voters approve a bond measure, the dollar amount would be issued in phases to align with the capital project delivery schedules. It is anticipated that that the projects would be delivered over three to eight years depending on the timing of all project stages (e.g., design, engineering, construction). Typically, the bond issuances have a term of 30 years, allowing the projects to be paid off over time.
Attachment 4
FY 2024/25 and FY 2025/26 Proposed Capital Budget
Responses to Questions from the Budget Study Sessions
June 4, 2024 Study Session
1. With the recent Settlement with the 49ers, the General Fund will receive $20 million over the next two years. Does the budget reflect any of this revenue? Do we still have a structural deficit with this new revenue?
Response: The $2 million in base rent and the majority of the senior/youth fees have already been assumed in the budget. The remaining estimated funding of $17.4 million over the next two years has not been factored into the budget. This includes performance-based rent ($9.6 million), excess revenue ($7.7 million), and senior and youth program fees ($0.1 million). Of this amount, $7.1 million is one-time performance based rent from FY 2022/23 and FY 2023/24 that is expected to be received in FY 2024/25 once an executed agreement is in place. These funds will be brought forward to Council for discussion and allocation within the context of the City’s financial condition and the Council priorities. Staff will provide updates on the Council priorities as part of City Council strategic initiatives discussion.
Additional funding that is estimated at $10.3 million is expected to be received after the close of the Stadium Authority budget in FY 2024/25 and FY 2025/26 from a combination of performance-based rent, excess revenue, and senior and youth program fees. The actual amounts received will be incorporated into future budgets. To the extent these revenues can generate an ongoing revenue stream, they can partially offset the General Fund structural deficit. At this point, this revenue stream is not expected to be sufficient to fully offset the deficit.
2. On Slide 7 of the presentation, the General Fund FY 2024/25 Adopted vs FY 2024/25 Amended budget increased by 6%, which seems high. What were the drivers for that increase?
Response: Year-over-year, the budget is expected to increase based on higher cost of delivering services – e.g., salaries, retirement, health, interfund services. Approximately onehalf of the growth was attributed to increases in these expenditures that were evaluated as part of the development of the FY 2024/25 Amended Budget. The other half of the increase was the result of higher transfers from the General Fund Capital Projects Reserve to various capital funds to support capital projects programmed in the Proposed Biennial Capital Budget.
In FY 2024/25, revenue growth was available to offset almost all of the increase in costs, with the remaining General Fund shortfall of $0.9 million addressed with the use of the Budget Balancing Reserve and the Budget Stabilization Reserve. In recent years, the City has benefitted from strong property tax growth while sales tax growth has been lower and more volatile. There has been discussion of sales tax reform to help address this issue.
Cities have often had to create new sources of revenue to keep up with costs.
Attachment 4
FY 2024/25 and FY 2025/26 Proposed Capital Budget
Responses to Questions from the Budget Study Sessions
3. On Slide 8 of the Study Session presentation, the table is labeled “Cumulative Shortfall/Surplus.” Is it cumulative?
Response: The label “Cumulative Shortfall/Surplus” label should have read “Shortfall/Surplus” as the amount is not cumulative. It is the projected revenues less the projected expenditures. The City continues to have a projected deficit in each year of the Ten-Year Forecast.
4. The Convention Center capital needs are meant to be funded by the Convention Center operating profits. Slide 25 shows Convention Center unfunded CIP need of $15.8 million. Does funding for those projects come from the Convention Center operations or the General Fund?
Response: Convention Center operating profits are used to program some improvements at the Convention Center. The unfunded needs of $15.8 million would ideally be funded by additional operating profits. If operating profits are not sufficient to fund those needs, other sources would need to be identified, especially for urgent needs. The General Fund is assumed as the other potential funding source.
5. Lawn bowl facility has $175,000 allocated, what additional funds are needed to bring this back?
Response: The estimated cost of a lawn bowl facility is preliminarily estimated at approximately $1.0 million, leaving a funding gap of $825,000. This cost is based on an initial assessment from 2018 that has been escalated along with contingency to address the project scope. This figure would need to be refined based on the final project scope.
6. Can we see a breakdown of the costs and specific projects that would be funded by a bond on the ballot measure?
Response: Departments know which structures, parks, facilities, storm drains, and streets are most in need of repair. Those needs along with community input on priorities will inform the bond project listing. A preliminary breakdown of project funding by category (e.g., public safety, streets and transportation, parks and community facilities, storm drain and flood protection) is under development and will be brought forward for City Council consideration as part of the potential General Obligation Bond Fund discussion. If a bond is approved, a detailed project listing will be developed and those details would be brought forward on a regular basis to Council and an advisory board. Those specific projects would be budgeted in a separate fund specifically created for the bond projects and incorporated into future budgets.
Attachment 4
FY 2024/25 and FY 2025/26 Proposed Capital Budget
Responses to Questions from the Budget Study Sessions
7. How much of the International Swim Center cost is included in the roughly $600 million of unfunded projects? $1 million is set aside for ISC, but what else is included?
Response: The unfunded projects list includes $44 million for the International Swim Center project. This is a placeholder figure that is expected to be updated upon the approval of a project scenario. The Parks and Recreation Department is developing a number of project scenarios for City Council consideration that will be brought forward separately. Limited project funding is budgeted, including new funding of $1.0 million in the Proposed Budget as well as existing funding of $0.9 million, for total project funding of $1.9 million.
8. When will the Economic Development and Marketing Subcommittee resume its meetings?
Response: While a date has not been set, the City Manager’s Office expects to schedule the Economic Development and Marketing Subcommittee meetings later in FY 2024/25.
9. How much would a rainbow crosswalk in Santa Clara cost? Response: The preliminary estimate for the cost of a rainbow crosswalk is $100,000. If funded, this figure would be refined based on the location and scope of the project.
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-484 Agenda Date: 6/25/2024
REPORT TO COUNCIL
SUBJECT
Action Establishing the City's Fiscal Year 2024/25 Appropriations Limit of $651,370,972 Pursuant to Article XIIIB of the California State Constitution
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
Annually, the City of Santa Clara (City) is required to calculate the expenditure appropriation limit from tax proceeds to determine compliance with Proposition 4 (Gann Initiative) and Proposition 111 (Spending Limitation Act of 1990). On November 6, 1979, the California electorate passed Proposition 4, which created Article XIIIB of the State Constitution, which placed limits on the amount of revenue that can be spent by governmental agencies. This constitutional amendment, also known as the Gann Initiative, placed limits on the growth of expenditures for publicly funded programs by restricting the amount of revenue that the City can appropriate in any fiscal year. Not all revenues are restricted by the limit, only those that are categorized as proceeds of taxes.
The City's limit has been based on actual appropriations during FY 1978/79, increased annually by an adjustment factor. On June 5, 1990, the California electorate approved Proposition 111, which modified the method of adjusting the annual appropriations limit. Beginning with the FY 1990/91 appropriations limit, the City may choose from the following indices when arriving at an adjustment factor:
1. The annual growth in the City's population or the annual growth in the County's population as provided by the State Department of Finance; and
2. The annual growth in the California Per Capita Income or the growth in the nonresidential assessed valuation due to new construction within the City.
DISCUSSION
The City is responsible for dividing citywide revenues between tax and non-tax revenue and applying the formula to the cumulative appropriation limit. For FY 2024/25, the appropriations limit was computed using the annual population growth of the County of Santa Clara (0.02%) and the annual growth in California Per Capita Income (3.62%). Applying these adjustment factors, the appropriations limit for the City of Santa Clara in FY 2024/25 is $651,370,972 (Schedule 1). As a result, this calculation limits the City from receiving more than $651,370,972 in tax-based revenues in FY 2024/25. An analysis of the revenues generated from tax proceeds minus any exempted expenditures (such as debt service, capital outlay and federal mandates) resulted in total revenue subject to the appropriation limit of $235,373,936 or 36.14% of the limit. The City’s appropriations subject to the limit are $415,997,036 below the FY 2024/25 appropriations limit. Therefore, the City is City of Santa Clara Page 1 of 2 Printed on 6/21/2024
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24-484 Agenda Date: 6/25/2024
in compliance with Article XIIIB of the California Constitution.
Schedule 1 provides the history of the City's appropriations limits as adopted by the Council for FY 2015/16 through FY 2023/24 and the appropriations limit recommended for adoption for FY 2024/25.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to section 15378(b)(4) of Title 14 of the California Code of Regulations in that it is a fiscal activity that does not involve any commitment to any specific project which may result in potentially significant physical impacts on the environment.
FISCAL IMPACT
There is no fiscal impact to this report. By adopting the Resolution establishing the appropriations limit for FY 2024/25 the City will be in compliance with Propositions 4 and 111.
COORDINATION
This report has been coordinated with the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Adopt a Resolution Establishing the City's Fiscal Year 2024/25 Appropriations Limit of $651,370,972 Pursuant to Article XIIIB of the California State Constitution.
Reviewed by: Kenn Lee, Director of Finance
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Schedule 1
2. Resolution for Appropriations Limit
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Schedule 1
Fiscal
Year
Beginning
Appropriations
Limit
Price
Factor
Population
Factor
Adjustment
Factor
Ending
Appropriations
Limit
Revenue
Subject to
Appropriations
% of
Appropriation
Limit
(1) (2) (3) (4) = (2) X (3) (5) = (1) X (4) (6) (6) / (5) 2024/25 628,493,798 1.0362 1.0002 1.0364 651,370,972 235,373,936 36.14% 2023/24 592,639,131 1.0444 1.0154 1.0605 628,493,798 217,487,082 34.60% 2022/23 546,765,505 1.0755 1.0078 1.0839 592,639,131 185,230,550 31.26% 2021/22 503,467,316 1.0573 1.0271 1.0860 546,765,505 174,200,673 31.86% 2020/21 478,945,316 1.0373 1.0134 1.0512 503,467,316 177,031,551 35.16% 2019/20 459,684,534 1.0385 1.0033 1.0419 478,945,316 184,097,298 38.44% 2018/19 429,451,171 1.0367 1.0325 1.0704 459,684,534 175,246,540 38.12% 2017/18 410,840,550 1.0369 1.0081 1.0453 429,451,171 160,838,861 37.45% 2016/17 363,345,984 1.1108 1.0179 1.1307 410,840,550 156,954,895 38.20% 2015/16 341,156,650 1.0531 1.0113 1.0650 363,345,984 133,461,118 36.73% City of Santa Clara
Proposition 4 Appropriations Limit
FY 2015/16 Through 2024/25
On June 5, 1990, the California electorate passed Proposition 111 which modified the method of adjusting the annual appropriations limit. Beginning with the 1990/91 Appropriations Limit, the City may choose from one of the following indices when determining the adjustment factor:
The annual growth in the City's population or the annual growth in the County's population as provided by the State Department of Finance.
and
The annual growth in the California Per Capita Income or the growth in the non-residential assessed valuation due to new construction within the City.
The 1990/91 Appropriations Limit was revised by applying the new growth factors to the appropriations limits for 1986/87 and each subsequent year. In computing the FY 2024/25 Appropriations Limit, the population growth of the County of Santa Clara and the annual growth in California Per Capita Income was used.
Resolution/Appropriations Limit Page 1 of 2
Rev: 05-16-2024
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
ESTABLISHING FISCAL YEAR 2024/25 APPROPRIATIONS LIMIT
PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA STATE
CONSTITUTION AS IMPLEMENTED BY TITLE 1, DIVISION 9
(ENTITLED “EXPENDITURE LIMITATIONS” – SECTION 7900 ET
SEQ.) OF THE CALIFORNIA GOVERNMENT CODE
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, Proposition 4, commonly known as the Gann Initiative, was adopted by voters on November 6, 1979;
WHEREAS, this Proposition created Article XIIIB of the California State Constitution and placed limits on the amount of revenue which can be spent by all governmental entities; WHEREAS, the limit based on the Proposition 4 formula is updated annually using growth data supplied by the State Department of Finance; and,
WHEREAS, the appropriation limit is required to be adopted by the legislative body of each government entity.
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. Appropriations Limit. That the appropriations limit for fiscal year 2024/25 be Six Hundred Fifty-One Million Three Hundred Seventy Thousand Nine Hundred and Seventy-Two Dollars ($651,370,972).
2. Calculation Factors. Pursuant to Section 8 of Article XIIIB of the California Constitution, the City Council determines that for fiscal year 2024/25 (a) the change in the cost of living shall be measured by the percentage change in California per capita personal income or the growth in the non-residential assessed valuation due to new construction within the City; and (b) the change in population shall be measured by the annual growth in the County or the City's population as provided by the State Department of Finance, whichever is higher.
Resolution/Appropriations Limit Page 2 of 2
Rev: 05-16-2024
3. Factors for 2024/25. That for purposes of computing the appropriations limit for fiscal year 2024/25, the annual growth in California Per Capita Income is 3.62% and the annual percent change in population of Santa Clara County, as provided by the State Department of Finance, is 0.02%.
4. Notice of Action to be Taken. Pursuant to Government Code Section 7910, no judicial action or proceeding to attack, review, set aside, void, or annul the action of the City Council in establishing the appropriations limit for fiscal year 2024/25 shall be brought unless such action or proceeding shall have been commenced within forty-five (45) days of the date of adoption of this resolution.
5. Effective date. This resolution shall become effective immediately.
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ___ DAY OF _________, 2024, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
ATTEST: ______________________________
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments incorporated by reference: None
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-537 Agenda Date: 6/25/2024
REPORT TO COUNCIL
SUBJECT
Action Authorizing the City Manager to Negotiate and Execute Agreements with Westlands Grape, LLC to Purchase Resource Adequacy Capacity up to $34 Million Annually from the Westlands Grape Battery Storage Project for Silicon Valley Power’s Compliance Obligations
COUNCIL PILLAR
Deliver and Enhance High-Quality Efficient Services and Infrastructure Promote Sustainability and Environmental Protection
BACKGROUND
The City of Santa Clara’s (City) Electric Department, Silicon Valley Power (SVP), is responsible for supporting the reliability of the grid through the demonstration of having sufficient resource adequacy capacity. Resource adequacy (RA) compliance ensures the safe and reliable operation of the grid in real-time providing sufficient resources when and where needed. Each utility or load serving entity is responsible for demonstrating it has sufficient RA either through the ownership of generation resources and/or procuring enough RA, measured in Mega Watt (MW).
As a California Independent System Operator (CAISO) market participant, SVP must follow the CAISO Tariff Requirements Section 40.2.1(b) to provide RA minimum of no less than 115% of its forecasted peak load. On April 25, 2006, the City Council, exercising their Local Regulatory Authority, adopted SVP’s Integrated Energy Resource Policy (IERP) establishing SVP’s Resource Adequacy guidelines to meet the minimums of the CAISO Tariff requirements. Without this authority, SVP would be subject to RA requirements set by the California Public Utilities Commission.
DISCUSSION
SVP’s electric load has increased by more than 20% over the last decade and is expected to continue increasing over the next decade. Due to SVP’s projected load growth, additional purchase of RA is warranted to meet the CAISO’s RA requirement.
In late 2023, SVP was presented with an offer from Westlands Grape, LLC (Westlands) to purchase RA from a battery storage project (Grape) in Kings County, California. Westlands will sell to SVP 150 -225 MWs of RA. SVP staff performed an evaluation based on volume, pricing, timing, project maturity, and determined the Grape project to be a good fit with SVP’s forecasted demand. The Westlands agreement represents approximately 6%-10% (depending on options exercised) of SVP’s current RA portfolio value.
SVP’s failure to procure sufficient RA compromises the grid’s ability to serve its customers and can result with SVP being subject to the CAISO’s Central Procurement Mechanism as a backstop and where SVP can be exposed to CAISO assessed financial penalties (currently with a soft cap penalty City of Santa Clara Page 1 of 3 Printed on 6/21/2024
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24-537 Agenda Date: 6/25/2024
price at $6.31/kW-month), real-time market price exposure and potential of increased procurement margins beyond 115% levied by the CAISO. The CPUC is currently pursuing an initiative to have the CAISO increase the penalty price to be more in line with current capacity market prices.
Grape has a projected commercial operation date of June 2026 and will help support SVP’s compliance with the RA program. The term of the purchase agreement will be for ten years. Staff will provide updates to Council as appropriate.
ENVIRONMENTAL REVIEW
The proposed agreement involves the procurement of resource adequacy from the Grape project.
The Grape project has undergone environmental review under the California Environmental Quality Act (CEQA). On January 16, 2018, the Westlands Water District (WWD), as the lead agency, certified the Final Program Environmental Impact Report (PEIR) for the Westlands Solar Park Master Plan and WSP Gen-Tie Corridors Plan - State Clearinghouse No. 2013031043.
The PEIR covers all projects within the Westland Solar Park, including Grape, from which the City will derive resource adequacy under the proposed agreement. In addition to the programmatic EIR, the specific environmental impacts of the Grape project were further analyzed under a Mitigated Negative Declaration adopted by the Kings County on or about March 2021. Therefore, no additional CEQA analysis is required for this proposed action.
FISCAL IMPACT
The annual cost under the Agreement is estimated to be between $21 million to $34 million depending on the commercial operation date and amount of options exercised by the City. The Agreement will reduce the utility’s risk exposure to future price fluctuations in RA. The cost obligations for RA requirements are already assumed in the budget process and are included in the Electric Utility Fund. As such, this agreement does not have a net fiscal impact.
COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
1. Authorize the City Manager or designee to negotiate and execute an agreement (Agreement) with Westlands Grape, LLC for the purchase of resource adequacy capacity on the terms presented subject to review and approval as to form by the City Attorney;
2. Authorize the City Manager or designee to execute all documents, agreements, and certificates as may be required under the terms of the Agreement, subject to the review and approval as to form of the City Attorney, including, but not limited to, collateral assignment agreements, estoppel certificates, and performance security documentation, and take any and all actions as are necessary or advisable to implement and administer the Agreement; and City of Santa Clara Page 2 of 3 Printed on 6/21/2024
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24-537 Agenda Date: 6/25/2024
3. Authorize the City Manager or designee to (a) execute any amendments so long as there is no change to price or length of the Agreement; and (b) exercise an option for additional resource adequacy capacity in accordance with the terms of the Agreement and subsequently amend the Agreement to reflect the adjusted contract quantity, subject to appropriation of funds and review and approval as to form of the City Attorney.
Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Western Systems Power Pool Agreement Transaction Confirmation Between City of Santa Clara and Westlands Grape, LLC
City of Santa Clara Page 3 of 3 Printed on 6/21/2024
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DocuSign Envelope ID: 8877049D-BD17-4636-A482-7402F048DFD3
EXECUTION VERSION
WESTERN SYSTEMS POWER POOL AGREEMENT
TRANSACTION CONFIRMATION
BETWEEN
CITY OF SANTA CLARA
AND WESTLANDS GRAPE, LLC
This transaction confirmation ("Confirmation") sets forth the terms and conditions of the transaction between City of Santa Clara, a chartered California municipal corporation (doing business as "Silicon Valley Power")("Buyer") and Westlands Grape, LLC., a Delaware limited liability company ("Seller"), each individually a "Party" and together the "Parties", dated as of __________ (the "Confirmation Effective Date"), in which Seller agrees to provide to Buyer the Product, as such term is defined in Article 3 of this Confirmation (the "Transaction").
This Transaction references the Western Systems Power Pool ("WSPP") Agreement (Effective Version: September 11, 2023) (the "Master Agreement"), the terms of which, as modified by this Confirmation, are incorporated herein by reference. The Parties agree that neither shall be required to become a Party to the WSPP Agreement for this Agreement to be effective. The Master Agreement and this Confirmation are collectively referred to herein as the "Agreement".
Capitalized terms used but not otherwise defined in this Confirmation are defined in the Master Agreement or the Tariff (as defined herein). To the extent that this Confirmation is inconsistent with any provision of the Master Agreement, this Confirmation shall control and shall govern the rights and obligations of the Parties in connection with this Transaction. Except as otherwise specified, references to an "Article" or a "Section" mean an Article or Section of this Confirmation, as applicable.
ARTICLE 1
DEFINITIONS
1.1 "Agreement" has the meaning specified in the introductory paragraph hereof.
1.2 "Alternate Capacity" is defined in Section 4.5.
1.3 "Applicable Laws" means any law, rule, regulation, order, decision, judgment, or other legal or regulatory determination by any Governmental Body having jurisdiction over one or both Parties or this Transaction, including without limitation, the Tariff.
1.4 "Availability Incentive Payments" is defined in the Tariff.
1.5 "Availability Standards" is defined in the Tariff.
1.6 "Bankrupt" means, with respect to a Party or other entity, that such Party or other entity:
(a) is dissolved (other than pursuant to a consolidation, amalgamation or merger), (b) becomes insolvent or is unable to pay its debts or fails (or admits in writing its inability) generally to pay its debts as they become due, (c) makes a general assignment, arrangement or composition with or for the benefit of its creditors, ( d) has instituted against it a proceeding seeking a judgment of insolvency or bankruptcy or any other relief under any bankruptcy or insolvency law or other similar law affecting creditor's rights, or a petition is presented for its winding-up or liquidation, which proceeding or proceeding is not dismissed, stayed or vacated within 90 days thereafter, (e) commences a voluntary proceeding seeking a judgment of insolvency or bankruptcy or any other relief under any bankruptcy or insolvency law or other similar law affecting creditors' rights, (f) seeks or consents to the appointment of an administrator, provisional liquidator, conservator, receiver, trustee, custodian or other similar official for it or for all or substantially all of its assets, (g) causes or is subject to any event with respect to it which, under the applicable laws of any jurisdiction, has an analogous effect to any of the events specified in clauses DocuSign Envelope ID: 8877049D-BD17-4636-A482-7402F048DFD3 (a) to (f) inclusive, or (h) takes any action in furtherance of, or indicating its consent to, approval of, or acquiescence in, any of the foregoing acts.
1.7 "Business Day" means any day except a Saturday, Sunday, or a Federal Reserve Bank holiday in California. A Business Day begins at 8:00 a.m. and ends at 5:00 p.m. local time for the Party sending a Notice, or payment, or performing a specified action.
1.8 "Buyer" is defined in the introductory paragraph hereof.
1.9 "CAISO" means the California Independent System Operator Corporation or its successor.
1.10 "CAISO Controlled Area" is defined in the Tariff.
1.11 "CAISO Tariff' or "Tariff" means the tariff and protocol provisions of the CAISO, including the rules, protocols, procedures, and standards attached thereto, as it may be amended, modified, supplemented, or replaced (in whole or in part) from time to time.
1.12 "Capacity Replacement Price" means (a) the price actually paid for any Replacement Capacity purchased by Buyer pursuant to Section 4. 7 hereof, plus costs reasonably incurred by Buyer in purchasing such Replacement Capacity, or (b) absent a purchase of any Replacement Capacity, the market price for such Designated RA Capacity not provided at the Delivery Point. The Buyer shall determine such market prices in a commercially reasonable manner. For purposes of Section 4 of the Master Agreement, "Capacity Replacement Price" shall be deemed to be the "Replacement Price."
1.13 "CIRA Tool" means the CAISO Customer Interface for Resource Adequacy application, or its successor platform.
1.14 "Commercial Operation Date" means the first Business Day following the first date that all of the following have occurred: (i) the Unit has achieved Permission to Operate and (ii) Seller has notified Buyer in writing that Permission to Operate of the Unit has commenced.
1.15 "Compliance Showing" means the applicable LSE compliance with the RAR, FCR and LAR of its applicable regulatory authority for an applicable Showing Month.
1.16 "Confirmation" is defined in the introductory paragraph hereof.
1.17 "Confirmation Effective Date" is defined in the introductory paragraph hereof.
1.18 "Contingent Firm RA Product" is defined in Section 3.4.
1.19 "Contract Price" means the price specified in Appendix C attached hereto and incorporated herein by reference.
1.20 "Contract Quantity" is defined in Section 4.3.
1.21 "Control Area" is defined in the Ta riff.
1.22 "CPUC" means the California Public Utilities Commission, or any successor entity.
1.23 "CPUC Decisions" means CPUC Decisions 04-01-050, 04-10-035, 05-10-042, 06-06-064, 06-07-031, 07-06-029, 08-06-031, 09-06-028, 10-06-036, 11-06-022, 12-06-025, 13-06- 024, 14-06-050, 15-06-063, 16-06-045, 17-06-027, 18-06-030, 18-06-031, 19-02-022, 19- 06-026,20-06-002, 20-06-028, 20-06-031, 20-12-006, 21-06-035, as such decisions have been amended, supplemented, or overridden by the CPUC and any other existing or 2 DocuSign Envelope ID: 8877049D-BD17-4636-A482-7402F048DFD3 subsequent decisions related to resource adequacy issued from time to time by the CPUC, as amended from time to time.
1.24 "CPUC Filing Guide" means the annual document issued by the CPUC which sets forth the guidelines, requirements, and instructions for LS Es to demonstrate compliance with the CPUC's resource adequacy program.
1.25 "Credit Rating" means, with respect to any entity, the rating then assigned to such entity's unsecured, senior long-term debt obligations (not supported by third party credit enhancements) or if such entity does not have a rating for its senior unsecured long-term debt, then the rating then assigned to such entity as an issues rating by S&P, Fitch, or Moody's.
1.26 "Daily Delay Damages" means an amount equal to (a) the Performance Security amount required hereunder, divided by (b) one hundred eighty (180).
1.27 "Delivery Period" is defined in Section 4.1.
1.28 "Delivery Point" is defined in Section 4.2.
1.29 "Designated RA Capacity" shall be equal to, with respect to any particular Showing Month of the Delivery Period, the Contract Quantity of Product for such Showing Month including the amount of Contract Quantity that Seller has elected to provide Alternate Capacity, minus any reductions to Contract Quantity specified in Section 4.4 with respect to which Seller has not elected to provide Alternate Capacity.
1.30 "Effective Flexible Capacity" or "EFC" means the FCR Attributes of a resource that can be counted towards an LSE's FCR, as identified from time to time by the Tariff, the CPUC Decisions, LRA, or other Governmental Body having jurisdiction. To the extent the CPUC Decisions, CAISO, LRA or other Governmental Body having jurisdiction creates a new category or classification of FCR Attributes during the term of this Transaction, and a Unit can count toward such new categories or classifications of FCR Attributes, subject to the Seller's Expenditure Cap as described in Section 11 (a), while operating consistent with the operational limitations and physical characteristics of such Unit, any and all such new categories or classifications of FCR Attributes shall be deemed to be part of the EFC and FCR Attributes of a Unit for the purpose of this Agreement. The above notwithstanding, to the extent the CPUC Decisions, CAISO, LRA or other Governmental Body having jurisdiction reduces the applicable EFC of a Unit, the EFC of a Unit may be reduced pursuant to Section 4.4 of this Confirmation.
1.31 "Emission Performance Standard" or "EPS" means the requirement set-forth in California Code of Regulations (CCR) Title 20, Chapter 11, Article 1. Section 2900 et seq.
1.32 "FCR Attributes" means, with respect to a Unit, any and all flexible resource adequacy attributes, consistent with the operational limitations and physical characteristics of such Unit, that can be counted toward an LSE's FCR, as may be identified at any time during the Delivery Period that can be counted toward an LSE's FCR, exclusive of any RAR Attributes and LAR Attributes.
1.33 "FCR Showings" means the FCR Compliance Showings (or similar or successor showings) an LSE is required to make to the CPUC (and, to the extent authorized by the CPUC, to the CAISO) pursuant to the CPUC Decisions and the Tariff, or to an LRA having jurisdiction over the LSE (and, to the extent authorized by the LRA, to the CAISO) pursuant to the Tariff.
3 DocuSign Envelope ID: 8877049D-8D17-4636-A482-7402F048DFD3
1.34 "Financial Close" means either: (a) full and complete construction financing of the Unit has been obtained; or (b) that funds necessary for construction of the Unit have been set aside.
1.35 "Financial Close Date" means the date Financial Close is achieved.
1.36 "Financial Close Deadline" is defined as June 30, 2025.
1.37 "Firm RA Product" is defined in the Section 3.3.
1.38 "Fitch" means Fitch Ratings, Inc or its successor.
1.39 "Flexible Capacity Requirements" or "FCR" means the flexible capacity requirements established for LS Es by the CPUC pursuant to the CPUC Decisions, or by an LRA or other Governmental Body having jurisdiction.
1.40 "Flexible RA Product" is defined in the Section 3.2.
1.41 "Force Majeure" means an event or circumstance which prevents one Party from performing its obligations under the Agreement, which event or circumstance was not anticipated as of the date the Agreement was agreed to, which is not within the reasonable control of, or the result of the negligence of, the Claiming Party, and which, by the exercise of due diligence, the Claiming Party is unable to overcome or avoid or cause to be avoided.
Notwithstanding the foregoing, under no circumstances shall the following constitute an event of Force Majeure: (a) either Party's financial incapacity or economic hardship, (b) Seller's ability to sell Product at a more favorable price or under more favorable conditions or Buyer's ability to acquire Product at a more favorable price or under more favorable conditions or other economic reasons, (c) forced outages to the extent such are not caused or exacerbated by an event of Force Majeure as described above, (d) delays or nonperformance by individual equipment suppliers, except to the extent that such delays or nonperformance were due to circumstances that would themselves constitute Force Majeure, (e) delays in obtaining Unit related permits or approvals from Governmental Body due to Seller's breach, negligence or failure to use reasonable efforts, (f) any cost and expense increase, (g) any strike or lockout or other labor-related disturbance involving only the employees of Seller and which is not part of a broader strike, lockout or other laborrelated disturbance, (h) typical weather or climatic conditions, including precipitation (including rain and snow), heat or wind conditions, in each case as would be ordinarily expected for the geographic area of the site of Seller's suppliers' manufacturing facilities or in the geographic area of a Unit, (i) inability or failure of a Party to make payment for any reason, U) unavailability of labor, equipment, material or other resources to the extent such are not caused or exacerbated by an event of Force Majeure as described above, (k) normal time periods for clearing customs; (I) machinery or equipment breakdown to the extent not caused or exacerbated by an event of Force Majeure as described above, (m) price fluctuations with respect to labor or materials, supplies or components of equipment related to items to be supplied by Seller; or (n) the application of Applicable Laws of health and safety, whether legally mandated or merely recommended, that exist on the Confirmation Effective Date and relate to the Covid-19 pandemic, including laws or guidelines regarding wearing of protective masks, social distancing, on-site COVID-19 testing or other related medical screening, rental of additional portable restrooms and/or additional trailers to promote social distancing, additional cleaning and disinfection, procurement of hand sanitizer, masks, air filters, thermometers and signage, and management and oversight of the foregoing. Neither Party may raise a claim of Force Majeure based in whole or in part on curtailment by a Transmission Provider unless (i) such Party has contracted for firm transmission with a Transmission Provider for the Product to 4 DocuSign Envelope ID: 8877049D-BD17-4636-A482-7402F048DFD3 be delivered to or received at the Delivery Point and (ii) such curtailment is due to "force majeure" or "uncontrollable force" or a similar term as defined under the Transmission Provider's tariff; provided, however, that existence of the foregoing factors shall not be sufficient to conclusively or presumptively prove the existence of a Force Majeure absent a showing of other facts and circumstances which in the aggregate with such factors establish that a Force Majeure as defined in the first sentence hereof has occurred.
1.42 "Full Capacity Deliverability Status" has the meaning set forth in the Tariff'
1.43 "Governmental Approvals" means all applications, permits, licenses, franchises, certificates, concessions, consents, authorizations, certifications, self-certifications, approvals, registrations, orders, filings, entitlements and similar requirements of whatever kind and however described that are required for the operation of the Unit or for Seller to perform its obligations under this Agreement.
1.44 "Governmental Body" means (i) any federal, state, local, municipal or other government; (ii) any governmental, regulatory or administrative agency, commission or other authority lawfully exercising or entitled to exercise any administrative, executive, judicial, legislative, police, regulatory or taxing authority or power; and (iii) any court or governmental tribunal.
1.45 "Guaranteed Delivery Date" means March 31, 2026, as may be extended pursuant to Article 13 of this Agreement.
1.46 "Initial Delivery Date" means the first day of the first Showing Month for which Product is delivered hereunder.
1.47 "Interconnection Agreement" means the interconnection agreement entered into by Seller pursuant to which the Project will be interconnected with the Transmission System, and pursuant to which Seller's Interconnection Facilities and any other Interconnection Facilities will be constructed, operated and maintained during the Delivery Period.
1.48 "Interconnection Facilities" means the interconnection facilities, control and protective devices and metering facilities required to connect the Project with the Transmission System in order to meet the terms and conditions of this Agreement.
1.49 "LAR" or "Local Area Requirements" means local area reliability, including any program of localized resource adequacy requirements established for an LSE by the CPUC Decisions, CAISO, LRA, or other Governmental Body having jurisdiction. LAR may also be known as local resource adequacy, local RAR, "PG&E Other," "Greater Bay Area RA", or local capacity requirements in other regulatory proceedings or legislative actions."
1.50 "LAR Attributes" means, with respect to a Unit, any and all RA Capacity and other resource adequacy attributes (or other locational attributes related to system reliability), consistent with the operational limitations and physical characteristics of a Unit, as they are identified as of the Confirmation Effective Date by the CPUC Decisions, CAISO, LRA, or other Governmental Body having jurisdiction, associated with the physical location or point of electrical interconnection of such Unit within the CAISO Control Area, that can be counted toward an LSE's LAR, but exclusive of any RAR Attributes which are not associated with where in the CAISO Control Area such Unit is physically located or electrically interconnected. To the extent the CPUC Decisions, CAISO, LRA or other Governmental Body having jurisdiction creates a new category or classification of LAR Attributes during the term of this Transaction, and a Unit can count toward such new categories or classifications of LAR Attributes while operating consistent with the operational limitations and physical characteristics of such Unit, including where such Unit is physically located or electrically interconnected, any and all such new categories or 5 DocuSign Envelope ID: 8877049D-BD17-4636-A482-7402F048DFD3 classifications of LAR Attributes shall be deemed to be part of the LAR Attributes of such Unit for the purpose of this Agreement. If the CPUC Decisions, CAISO, LRA or other Governmental Body having jurisdiction redefines LAR whereby a Unit no longer counts toward an LSE's LAR due to where such Unit is physically located or electrically interconnected, then such change will not change the obligations of payments hereunder.
1.51 "LAR Showings" means the LAR Compliance Showings (or similar or successor showings) an LSE is required to make to the CPUC (and, to the extent authorized by the CPUC, to the CAISO) pursuant to the CPUC Decisions and the Tariff, or to an LRA having jurisdiction over the LSE (and, to the extent authorized by the LRA, to the CAISO) pursuant to the Tariff.
1.52 "Letter of Credit" means an irrevocable, nontransferable standby letter of credit, substantially in the form of Appendix D (attached hereto and incorporated herein by reference), provided from an issuer that is either a U.S. commercial bank or a U.S. branch of a foreign bank with the bank having a Credit Rating of at least (a) "A-", or equivalent from S&P, Fitch, or Moody's, if such entity is rated by at least two of the ratings agencies; or (b) "AA-", or equivalent, from S&P, Fitch, or Moody's, if such entity is rated by only one of the ratings agencies. The foregoing bank shall be known as a "Qualified Issuer." The Seller must bear the costs of all Letters of Credit.
1.53 "Letter of Credit Default" means with respect to a Letter of Credit, the occurrence of any of the following events:
(a) The issuer of the Letter of Credit fails to comply with or perform its obligations under such Letter of Credit;
(b) The issuer of the Letter of Credit disaffirms, disclaims, repudiates, or rejects, in whole or in part, or challenges the validity of, the Letter of Credit; (c) The Letter of Credit fails or ceases to be in full force and effect at any time; (d) The Party providing the Letter of Credit fails to provide an extended or replacement Letter of Credit within twenty (20) Business Days before the Letter of Credit expires or terminates;
(e) The issuer of the Letter of Credit becomes Bankrupt; or (f) The issuer has a Letter of Credit Derating event;
provided, no Letter of Credit Default will be treated as having occurred or be continuing in any event with respect to a Letter of Credit after the time such Letter of Credit is required to be canceled or returned to a Party in accordance with the terms of this Agreement.
1.54 "Letter of Credit De rating" means the issuer of a Letter of Credit fails to maintain a Credit Rating of at least (a) "A-", or equivalent, from S&P, Fitch, or Moody's, if such entity is rated by at least two of the ratings agencies; or (b) "AA-", or equivalent.
1.55 "LRA" is defined in the Tariff.
1.56 "LSE" is defined in the Tariff.
1.57 "Master Agreement" is defined in the introductory paragraph hereof. 6 DocuSign Envelope ID: 8877049D-BD17-4636-A482-7402F048DFD3
1.58 "Monthly Delivery Period" means each calendar month during the Delivery Period and shall correspond to each Showing Month.
1.59 "Monthly RA Capacity Payment" is defined in Section 4.9.
1.60 "Moody's" means Moody's Investor Services, Inc or its successor.
1.61 "Net Qualifying Capacity" or "NQC" is defined in the Tariff, and is inclusive of RAR Attributes and, if applicable, LAR Attributes, if LAR Attributes is specified in Section 3.1.
1.62 "Non-Availability Charge" is defined in the Tariff.
1.63 "Non-Excusable Event" means any event, including, without limitation, any such event resulting from (a) the negligence of the owner, operator or Scheduling Coordinator of a Unit, or (b) Seller's failure to comply, or failure to cause the owner, operator or Scheduling Coordinator of a Unit to comply, with the terms of the Tariff with respect to such Unit providing RAR Attributes, other than (i) a Planned Outage, (ii) the unavailability of generating unit(s) as a result of a Forced Outage (as defined in the NERC Generating Unit Availability Data System (GADS) Forced Outage reporting guidelines), (iii) a curtailment order required by CAISO, Participating Transmission Owner, or other Governmental Body where such order was not caused by an action or inaction of Seller or Seller's Scheduling Coordinator (other than operations of the Facility by Seller or Seller's Scheduling Coordinator in accordance with this Agreement and the Interconnection Agreement) or (iv) Buyer's failure to perform its obligations hereunder, that causes Seller to fail to perform its obligations under this Confirmation.
1.64 "Notification Deadline" in respect to a Showing Month shall be twenty (20) Business Days before the relevant Compliance Showing deadlines for the corresponding RAR Showings, LAR Showings, and FCR Showings for such Showing Month.
1.65 "Outage" means disconnection, separation, or reduction in the capacity of any Unit that relieves such Unit from all or part of the offer obligations of such Unit consistent with the Tariff. Outage includes Planned Outage.
1.66 "Participating Transmission Owner" or "PTO" means an entity that owns, operates and maintains transmission or distribution lines and associated facilities and/or has entitlements to use certain transmission or distribution lines and associated facilities where the Project is interconnected. For purposes of this Agreement, the Participating Transmission Owner is set forth in Appendix A.
1.67 "Party" and "Parties" have the meanings specified in the introductory paragraph hereof.
1.68 "Performance Security" means collateral in the form of Letter(s) of Credit for the total amount equal to: (a) prior to the Financial Close Date, $0, (b) commencing ten (10) Business Days after the Financial Close Date and prior to the Delivery Period, $20,0000 multiplied by 150 MW or such larger amount as may be adjusted in accordance with Section
4.4(f) below; and (c) during the Delivery Period, (i) $40,000.00 multiplied by 150 MW or such larger amount as may be adjusted in accordance with Section 4.4(f) below.
1.69 "Permission to Operate" means the receipt of authorization from the interconnecting transmission owner to commence parallel operation of the Unit with the transmission system.
1.70 "Planned Outage" means, subject to and as further described in the CPUC Decisions and the Tariff, an "Approved Maintenance Outage" under the Tariff, a CAI SO-approved planned 7 DocuSign Envelope ID: 8877049D-BD17-4636-A482-7402F048DFD3 or scheduled disconnection, separation or reduction in capacity of the Unit that is conducted for the purposes of carrying out routine repair or maintenance of such Unit.
1.71 "PNode" means that certain node identified by Seller to Buyer on or before the Financial Close Date.
1.72 "Product" is defined in Article 3.
1.73 "Project" is defined as that 246.4 MW (AC) PV Solar and a 225 MW Battery Energy Storage System (BESS) Facility. The Project is located within the Westlands CREZ area just south of Lemoore on the northern edge of Kings County, CA. The generation will be injected into a PNode at the Gates 230kV substation. The Project is further described and depicted in Appendix A which is attached hereto an incorporated by reference.
1.74 "RA Capacity" means the qualifying and deliverable capacity of a Unit for RAR, LAR, and FCR purposes for the Delivery Period, as determined by the CAISO, LRA or other Governmental Body authorized to make such determination under Applicable Laws. RA Capacity encompasses the RAR Attributes, LAR Attributes and FCR Attributes of the capacity provided by a Unit, as applicable pursuant to this Confirmation.
1.75 "RAR" means the resource adequacy requirements, exclusive of LAR and FCR, established for LS Es by the CPUC pursuant to the CPUC Decisions, or by an LRA or other Governmental Body having jurisdiction.
1.76 "RAR Attributes" means, with respect to a Unit, any and all RA Capacity and other resource adequacy attributes consistent with the operational limitations and physical characteristics of such Unit, exclusive of any LAR Attributes and FCR Attributes. To the extent the CPUC Decisions, CAISO, LRA or other Governmental Body having jurisdiction creates a new category or classification of RAR Attributes during the term of this Transaction, and a Unit can count toward such new category or classification of RAR Attributes, subject to the Seller's Expenditure Cap as described in Section 11 (a), while operating consistent with the operational and physical characteristics of such Unit, any and all such new categories or classifications of RAR Attributes shall be deemed to be part of the RAR Attributes of a Unit for the purpose of this Agreement. The above notwithstanding, to the extent the CPUC Decisions, CAISO, LRA or other Governmental Body having jurisdiction reduces the applicable NQC of a Unit, the NQC of a Unit may be reduced pursuant to Section 4.4 of this Confirmation.
1.77 "RAR Showings" means the RAR Compliance Showings (or similar or successor showings) an LSE is required to make to the CPUC (and, to the extent authorized by the CPUC, to the CAISO), pursuant to the CPUC Decisions and the Tariff, or to an LRA having jurisdiction over the LSE (and, to the extent authorized by the LRA, to the CAISO) pursuant to the Ta riff.
1.78 "Replacement Capacity" is defined in Section 4.7.
1.79 "Replacement Unit" is defined in Section 4.5.
1.80 "Resource Adequacy Plan" is defined in the Tariff.
1.81 "Resource Category" shall be as described in the CPUC Filing Guide, as such may be modified, amended, supplemented or updated from time to time.
1.82 "Residual Unit Commitment" is defined in the Tariff.
1.83 "RMR Agreement" means a Reliability Must-Run Contract as forth in the Tariff. 8 DocuSign Envelope ID: 8877049D-8D17-4636-A482-7 402F048DFD3
1.84 "S&P" means Standard & Poor's Rating Service, a division of McGraw Hill Incorporated, or its successor.
1.85 "Scheduling Coordinator" or "SC" is defined in the Tariff.
1.86 "Seller" is defined in the introductory paragraph hereof.
1.87 "Showing Month" shall be the calendar month during the Delivery Period that is the subject of the RAR Showing, LAR Showing, and/or FCR Showing, as applicable, as set forth in the CPUC Decisions or the Tariff. For illustrative purposes only, pursuant to the CPUC Decisions and the Tariff in effect as of the Confirmation Effective Date, the monthly RAR Showing made in June is for the Showing Month of August.
1.88 "Subsequent Buyer" means the purchaser of Product from Buyer in a re-sale of Product by Buyer.
1.89 "Supply Plan" means the annual and monthly supply plans, or similar or successor filings, that each Scheduling Coordinator representing RA Capacity submits to the CAISO, LRA, or other Governmental Body, pursuant to Applicable Laws and the Tariff, in order for that RA Capacity to count for its RAR Attributes, LAR Attributes, and/or FCR Attributes.
1.90 "Transaction" is defined in the introductory paragraph hereof.
1.91 "Transmission System" means the transmission facilities operated by the CAISO, now or hereafter in existence, which provide energy transmission service downstream from the Delivery Point.
1.92 "Unit" means the Project or, if applicable, any Replacement Unit.
1.93 "Unit EFC" means the Effective Flexible Capacity set by the CAISO for the applicable Unit.
1.94 "Unit NQC" means the Net Qualifying Capacity set by the CAISO for the applicable Unit, as further described in Section 4.4.
2.1 Product from Unit
ARTICLE 2
UNIT
(a) Seller shall supply the Contract Quantity from the Unit. (b) The Unit shall meet the Product characteristics and Contract Quantity specified in Article 3, Article 4, the Resource Category requirements set forth in Section 2.1 (c), and as described in Appendix A.
(c) The Unit(s) shall (i) qualify as a Maximum Cumulative Capacity ("MCC") Resource Category 4 resource, as defined by the CPUC.
(d) Nothing in this Section 2.1 shall be construed to limit the applicability of Sections
4.4 (Adjustment to Contract Quantity) or 4.5 (Alternate Capacity) of this Confirmation.
9 DocuSign Envelope ID: 8877049D-BD17-4636-A482-7402F048DFD3 ARTICLE 3
RESOURCE ADEQUACY CAPACITY PRODUCT
During the Delivery Period, Seller shall provide to Buyer, pursuant to the terms of this Confirmation, RA Capacity as Designated RA Capacity in the amount of the Contract Quantity of (i) RAR Attributes, (ii) LAR Attributes, if required by Section 3.1, and (iii) FCR Attributes, if required by Section 3.2. The Contract Quantity shall be either a Firm RA Product or a Contingent Firm RA Product, as specified in either Section 3.3 or Section 3.4 (the "Product"). The Product does not confer to Buyer any right to the electrical output from a Unit, other than the right to include the Designated RA Capacity associated with the Contract Quantity in RAR Showings, LAR Showings, and FCR Showings, as applicable, and any other capacity or resource adequacy requirements, markets or proceedings as specified in this Confirmation. Specifically, no energy or ancillary services associated with any Unit is required to be made available to Buyer as part of this Transaction, and Buyer shall not be responsible for compensating Seller for Seller's commitments of a Unit to the CAISO required by this Confirmation. Seller retains the right to sell pursuant to the Tariff any RA Capacity from a Unit that is in excess of that Unit's Contract Quantity and any RAR Attributes, LAR Attributes or FCR Attributes not otherwise transferred, conveyed, or sold from Seller to Buyer under this Confirmation. Unless otherwise set forth herein, Seller shall also retain any and all revenues received from the CAISO with respect to the Transaction contemplated by this Confirmation.
3.1 RAR and LAR Attributes
Seller shall provide Buyer with the Designated RA Capacity of RAR Attributes and, if applicable, LAR Attributes, from the Unit, as measured in MWs, in accordance with the terms and conditions of this Agreement. Seller shall not be required to provide LAR Attributes if the Unit does not qualify for LAR Attributes. If the Project qualifies for LAR Attributes, Seller shall provide such LAR Attributes in the amount of the Contract Quantity associated with the Unit, as such Contract Quantity may be adjusted pursuant to the terms of this Confirmation.
3.2 [81 Flexible RA Product
Seller shall provide Buyer with Designated RA Capacity of FCR Attributes from the Unit(s) in an amount calculated for each Monthly Delivery Period as follows: (Contract Quantity/ Unit NQC) x Unit EFC. Notwithstanding anything to the contrary, this Section 3.2 is not applicable if this Section 3.2 is not checked.
3.3 0 Firm RA Product
Seller shall provide Buyer with Designated RA Capacity from the Unit(s) in the amount of the Contract Quantity. If the Unit(s) are not available to provide the full amount of the Contract Quantity for any reason other than Force Majeure, including without limitation any Outage or any adjustment of the RA Capacity of any Unit, pursuant to Section 4.4, then, Seller shall provide Buyer with Designated RA Capacity from one or more Replacement Units. If Seller fails to provide Buyer with replacement Designated RA Capacity from Replacement Units, then Seller shall be liable for damages and/or required to indemnify Buyer for penalties or fines pursuant to the terms of Sections
4.7 and Section 4.8 hereof. Notwithstanding anything to the contrary, this Section 3.3 is not applicable if this Section 3.3 is not checked.
10 DocuSign Envelope ID: 8877049D-BD17-4636-A482-7402F048DFD3
3.4 181 Contingent Firm RA Product
Seller shall provide Buyer with Designated RA Capacity from the Unit(s) in the amount of the Contract Quantity; provided, however, that if (i) the Unit(s) are not available to provide the full amount of the Contract Quantity due to Force Majeure or an event described in section (i), (ii) or (iii) of the definition of Non-Excusable Event, and (ii) Seller has provided Buyer written notice no later than the Notification Deadline that the full amount of Contract Quantity is not available, then Seller may either reduce the Contract Quantity pursuant to Section 4.4 or provide Buyer with Designated RA Capacity from one or more Replacement Units pursuant to Section 4.5 hereof for the applicable Showing Month. Except when due to Force Majeure, if Seller fails to provide Buyer with Designated RA Capacity in the amount of the Contract Quantity (x) due to Non-Excusable Event, or (y) Seller failed to provide Buyer timely notice pursuant to this Section 3.4, then Seller shall be liable for damages and/or be required to reimburse and indemnify Buyer for penalties or fines pursuant to the terms of Sections 4.7 and Section 4.8 hereof.
4.1 4.2
Delivery Period
ARTICLE 4
DELIVERY AND PAYMENT
(a) The Delivery Period shall be ten (10) years from the Initial Delivery Date. For the avoidance of doubt, nothing in this Agreement shall obligate Seller to provide any Product to Buyer for any period after the end of the Delivery Period. (b) Conditions Precedent. The Initial Delivery Date shall not commence until Seller completes to Buyer's reasonable satisfaction each of the following conditions:
(i) The Commercial Operation Date has occurred; and
(ii) The Unit is reported on Seller's Supply Plan.
Delivery Point
The Delivery Point for the Unit shall be the CAISO Control Area, and if applicable, the LAR region in which the Unit is electrically interconnected.
4.3 Contract Quantity
Seller shall deliver to Buyer the Contract Quantity for the Delivery Period at the Delivery Point. The "Contract Quantity" for any particular Showing Month, subject to Section 4.4, is equal to the lesser of (a) 150 MWs or such larger amount as may be adjusted in accordance with Section 4.4(f) below; and (b) the Unit NOC for the applicable Showing Month.
4.4 Adjustments to Contract Quantity
(a) Planned Outages: If Seller is unable to provide any portion of the Contract Quantity for any Showing Month due to a Planned Outage of a Unit, then Seller shall have the option, upon written notice to Buyer, to either (i) reduce the Contract Quantity for the applicable Showing Month in accordance with the Planned Outage, or (ii) provide Alternate Capacity in accordance with Section 4.5 up to the Contract Quantity for the applicable Showing Month. If Seller elects to reduce its Contract Quantity or provide Alternate Capacity in accordance with this section, Seller shall provide written notice by, (x) in the case of the monthly RAR Showings, no later than the Notification Deadline for the relevant Showing Month; or, (y) in the case of 11 DocuSign Envelope ID: 8877049D-BD17-4636-A482-7402F048DFD3 the annual RAR Showings, no later than sixty (60) days prior to the annual RAR Showings. Seller shall not schedule Planned Outages that affect the Unit NQC between the months of June and October of each calendar year. (b) Reductions in Unit NQC: If the Product is Contingent Firm RA Product, as specified in Section 3.4, then Seller's obligation to provide the Contract Quantity for any Showing Month may be reduced if (i) a Unit experiences a reduction in Unit NQC as determined by the CAISO, and (ii) Seller provides written notice of the reduction in Contract Quantity to Buyer by the earlier of the Notification Deadline for the applicable Showing Month or within thirty (30) days of CAISO's publication of the revised Unit's NQC; provided, Seller shall not be required to provide such notice sooner than five (5) Business Days after Seller receives notice of any such reduction from CAISO. If a Unit experiences such a reduction in Unit NQC, as provided in clause (i) above, then Seller has the option, but not the obligation, to provide the applicable Contract Quantity for such Showing Month from (i) the same Unit, provided the Unit has sufficient remaining and available Product, and/or (ii) to provide Alternate Capacity, provided, that in each case Seller shall provide written notice of such Replacement Units by the earlier of the Notification Deadline for the applicable Showing Month or within thirty (30) days of CAISO's publication of the revised Unit's NQC.
( c) Reductions in Unit EFC: If the Product is Contingent Firm RA Product, as specified in Section 3.4, that includes FCR Attributes, as specified in Section 3.2, then Seller's obligation to provide FCR Attributes for a Unit in any Showing Month may be reduced by Seller if a Unit experiences a reduction in Unit EFC as determined by the CAISO. The Parties acknowledge and agree that any such change to the FCR Attributes shall not (i) entitle Buyer to a change in the Contract Price or a change in the amounts payable under Section 4.9, (ii) result in any change to Seller's obligation to provide the Contract Quantity of RAR Attributes and, if applicable, LAR Attributes, to Buyer, (iii) give either Party the right to terminate this Agreement, or (iv) allow for the severability of any provisions of this Confirmation pursuant to the Master Agreement.
(d) Regulatory Change: Both Parties acknowledge that the CAISO and CPUC may from time to time make revisions to how RAR Attributes are defined, categorized, or classified. Both Parties shall work in good faith to maintain the original intention of this Agreement. If during the Delivery Period, the CAISO, the CPUC, or the applicable Governmental Body either replaces Unit NQC as the value utilized to measure the RA Capacity of a Unit, with a successor value such as unforced capacity ("UCAP"), or utilizes such successor value as a supplemental means of measuring the RA Capacity of a Unit together with Unit NQC, then from and after such replacement Seller shall provide written notice and convey to Buyer an amount of RA Capacity of a Unit of (i) no less than the amount obtained by calculating the Buyer's share of such qualifying capacity on a pro rata basis, but (ii) no more than the Contract Quantity (i.e. following such replacement, Seller's delivery obligation will be obtained by calculating the product of (A) the Contract Quantity divided by the Unit NQC, multiplied by (B) such Unit's overall qualifying capacity (in MW) as measured by such new method of measuring a Unit's qualifying capacity). (e) Invoice Adjustment: In the event that the Contract Quantity is reduced due to an adjustment to Contract Quantity pursuant to Section 4.4, and Seller does not elect to provide Alternate Capacity pursuant to Section 4.4 and Section 4.5, then the invoice for the applicable Showing Month, calculated pursuant to Section 4.9, shall 12 DocuSign Envelope ID: 8877049D-BD17-4636-A482-7402F048DFD3 be adjusted to reflect the reduced amount of Contract Quantity provided from Seller to Buyer in the applicable Showing Month; provided, the Contract Price shall not be adjusted
(f) Buyer Option: Seller shall notify Buyer in writing ("FCDS Notice") (email acceptable as set forth in Appendix F) when the Project receives Full Capacity Deliverability Status and associated Net Qualifying Capacity (as defined in the Tariff) within thirty (30) days of Seller's receipt of such results from CAISO ("FCDS Notification Deadline"). Within the FCDS Notice, Seller shall also inform Buyer in writing whether (1) the Net Qualifying Capacity for the Project meets 150 MW; and (2) the Net Qualifying Capacity for the Project exceeds the 150 MW and the amount of such excess ("Excess Amount"). If the Net Qualifying Capacity exceeds 150 MW, Buyer has the option, but not the obligation, within the Option Period (as defined below), to increase the Contract Quantity above 150 MW to such Excess Amount which is less than or equal to 225 MW ("Additional Capacity Amount"). Buyer shall exercise its option by written notice ("Option Notice") (email acceptable as set forth in Appendix F) within thirty (30) days from Buyer's receipt of the FCDS Notice ("Option Period"). In the event Buyer exercises its option for the Additional Capacity Amount within the Option Period, the Parties shall promptly amend the definition of Contract Quantity to include Additional Capacity Amount within subsection (i) of the definition of Contract Quantity. If Buyer does not exercise its option for the Additional Capacity Amount within the Option Period, Buyer's option for the Additional Capacity Amount shall expire. If Seller fails to notify Buyer through the FCDS Notice within FCDS Notification Deadline, the Option Period shall extend to the Initial Delivery Date. From the Confirmation Effective Date to the Option Period expiration, Seller shall sell any portion of the Excess Amount to any other third party.
4.5 Alternate Capacity
If Seller desires to provide the Contract Quantity of Product to Buyer for any Showing Month from a resource other than the Unit ("Alternate Capacity"), then Seller may, at no additional cost to Buyer, provide Buyer with Alternate Capacity from one or more replacement units (a "Replacement Unit"), with the total amount of Product provided to Buyer from Designated RA Capacity up to an amount equal to the Contract Quantity for an applicable Showing Month; provided that in each case, (i) Seller shall provide written notice to Buyer of its intent to provide Alternate Capacity no later than the Notification Deadline for an applicable Showing Month, and (ii) the Replacement Unit(s) meet the requirements of the Product described in Article 2 and Article
3. If Seller notifies Buyer in writing of its intent to provide Alternate Capacity no later than the Notification Deadline for an applicable Showing Month, and the Replacement Unit(s) provided as Alternate Capacity meet the requirements of the Product as described in Article 2 and Article 3, then such Alternate Capacity shall be automatically deemed a Unit for purposes of this Confirmation for that Showing Month.
4.6 Delivery of Product
Subject to Seller's rights under Article 3, Section 4.4 and Section 4.5, Seller shall provide Buyer with the Designated RA Capacity of Product for each Showing Month consistent with the following:
(a) Seller shall provide Buyer with the Designated RA Capacity of Product for each day of each Showing Month.
(b) Seller shall, on a timely basis, submit, or cause a Unit's SC to submit, by the Notification Deadline (i) monthly Supply Plans, and (ii) annual Supply Plans if the 13 DocuSign Envelope ID: 8877049D-BD17-4636-A482-7402F048DFD3 Confirmation Effective Date is prior to the year-ahead Compliance Showing deadline applicable for the Delivery Period, to the CAISO, LRA, or other applicable Governmental Body in accordance with the applicable rules and requirements (including the CAISO Tariff), identifying and confirming the transfer of the Designated RA Capacity from Seller to Buyer for each Showing Month, unless Buyer specifically requests in writing that Seller not do so (it being understood that any Designated RA Capacity subject to such a request from Buyer will be deemed to have been provided to Buyer for all purposes under this Confirmation). (c) The Product is delivered and received when the CIRA Tool shows the Supply Plan accepted for the Product from the Unit by CAISO or Seller complies with Buyer's instruction to withhold all or part of the Contract Quantity from Seller's Supply Plan for any Showing Month during the Delivery Period. Seller has failed to deliver the Product if (i) Buyer has elected to submit the Product from the Unit in its Resource Adequacy Plan and such submission is accepted by the CPUC and the CAISO but the Supply Plan and Resource Adequacy Plan are not matched in the CIRA Tool due solely to a Seller error, and are rejected by CAISO, or (ii) Seller fails to submit the volume of Designated RA Capacity for any Showing Month pursuant to this Confirmation. Buyer will have received the Contract Quantity if (x) Seller's Supply Plan is accepted by the CAISO for the applicable Showing Month, (y) Seller correctly submits the Supply Plan and the Supply Plan and/or Resource Adequacy Plan are not matched in the CIRA Tool due solely to a Buyer error or (z) Seller complies with Buyer's instruction to withhold all or part of the Contract Quantity from Seller's Supply Plan for the applicable Showing Month. Seller will not have failed to deliver the Contract Quantity if Buyer fails or chooses not to submit the Unit(s) and the Product in its Resource Adequacy Plan with the CPUC or CAISO.
4. 7 Damages for Failure to Provide Designated RA Capacity If Seller fails to provide Buyer with the Designated RA Capacity of Product for any Showing Month, and such failure is not excused under the terms of the Agreement, then the following shall apply provided that such damages and reimbursements paid by Seller pursuant to Section
4.7 shall not exceed, for any applicable Showing Month, an amount equal to the Contract Price multiplied by the Replacement Capacity multiplied by 1.5 :
(a) Buyer may, but shall not be required to, replace any portion of the Designated RA Capacity not provided by Seller with capacity having equivalent RAR Attributes, and if applicable, LAR Attributes and/or FCR Attributes as the Designated RA Capacity not provided by Seller, provided, that, if any portion of the Designated RA Capacity that Buyer is seeking to replace is Designated RA Capacity having RAR Attributes and no LAR Attributes (such capacity shall also include FCR Attributes if specified in Section 3.2) and no such RAR capacity without LAR Attributes is available, then Buyer may replace such portion of the Designated RA Capacity with capacity having RAR Attributes and LAR Attributes (as well as FCR Attributes if specified in Section
3.2) ("Replacement Capacity"). Such Replacement Capacity may also be provided by CAISO to Buyer pursuant to the Tariff. Buyer may enter into purchase transactions with one or more parties to replace any portion of Designated RA Capacity not provided by Seller. Additionally, Buyer may enter into one or more arrangements to repurchase its obligation to sell and deliver capacity to another party and, to the extent such transactions are done at prevailing market prices, such arrangements shall be considered equivalent to the procurement of Replacement 14 DocuSign Envelope ID: 8877049D-BO17-4636-A482-7 402F048DFD3
4.8 Capacity. Buyer shall use commercially reasonable efforts to minimize damages when procuring any Replacement Capacity.
(b) Seller shall pay to Buyer at the time set forth in Section 21 of the Master Agreement, the following damages in lieu of damages specified in Section 21 of the Master Agreement: an amount equal to the positive difference, if any, between (i) the sum of (A) the actual cost paid by Buyer for any Replacement Capacity, plus (B) each Capacity Replacement Price times the amount of the Designated RA Capacity neither provided by Seller nor purchased by Buyer pursuant to Section 4.7(a), and (ii) the Designated RA Capacity not provided for the applicable Showing Month times the Contract Price for that month. If Seller fails to pay these damages, then Buyer may, without limiting its other remedies, offset those damages owed it against any future amounts it may owe to Seller under this Confirmation pursuant to Section 28 of the Master Agreement.
Reimbursement for Failure to Deliver Contract Quantity
Subject to Seller's rights under Article 3, Section 4.4 and Section 4.5, to the extent Seller is required, and fails, to provide the Designated RA Capacity hereunder for any Showing Month, Seller agrees to reimburse, indemnify, defend and hold harmless Buyer from any penalties, fines or costs assessed against Buyer by the CPUC, the CAISO, or any other Governmental Body to the extent not otherwise paid by Seller to Buyer under Section 4.7(b), resulting from any of the following; provided that such damages and reimbursements paid by Seller pursuant to this Section
4.8 shall not exceed, for any applicable Showing Month, an amount equal to the Contract Price multiplied by the Replacement Capacity multiplied by 1.5:
(a) Seller's failure to provide any portion of the Designated RA Capacity for any portion of the Delivery Period, and such failure is not excused under the terms of the Agreement;
(b) Seller's failure to provide notice of the non-availability of any portion of Designated RA Capacity as required under Article 3, Section 4.5, and Section 4.6; or (c) The Unit Scheduling Coordinator's failure to timely submit Supply Plans that identify Buyer's right to the Designated RA Capacity purchased hereunder for an applicable Showing Month.
With respect to the foregoing, the Parties shall use commercially reasonable efforts to minimize such penalties, fines and costs; provided, that in no event shall Buyer be required to use or change its utilization of its owned or controlled assets or market positions to minimize these penalties, fines and costs. Seller will have no obligation to Buyer under this Section 4.8 in respect of the portion of Contract Quantity for which Seller has paid damages for Replacement Capacity pursuant to Section 4.7. If Seller fails to pay the foregoing penalties, fines or costs, or fails to reimburse Buyer for those penalties, fines or costs, then Buyer may offset those penalties, fines or costs against any future amounts it may owe to Seller under this Confirmation pursuant to Section 28 of the Master Agreement.
4.9 Contract Price and Monthly RA Capacity Payment
(a) The Contract Price shall be those amounts indicated in Appendix C and shall be governed by the provisions of this Agreement.
(b) In accordance with the terms of Section 9 of the Master Agreement, with respect to each Showing Month, Buyer shall make a Monthly RA Capacity Payment to Seller for the Unit in arrears, after the applicable Showing Month. The Unit's Monthly RA 15 DocuSign Envelope ID: 8877049D-BD17-4636-A482-7402F048DFD3 Capacity Payment shall be equal to the product of (a) the applicable Contract Price for that Monthly Delivery Period, (b) the Designated RA Capacity for the Monthly Delivery Period, and (c) 1,000; provided, however, that the Monthly RA Capacity Payment shall be prorated to reflect any portion of Designated RA Capacity that was not delivered pursuant to Section 4.4 at the time of the CAISO filing for the respective Showing Month. The final product of this Monthly RA Capacity Payment calculation shall be rounded to the nearest penny (i.e., two decimal places).
4.10 Allocation of Other Payments and Costs
Seller may retain any revenues it may receive from the CAISO or any other third party with respect to any Unit for (a) start-up, shut-down, and minimum load costs, (b) ancillary services, (c) energy sales, (d) black start or reactive power services, (e) bid cost recovery or uplift payments or credits; or (f) the sale of the unit-contingent call rights on the generation capacity of the Unit to provide energy to a third party, so long as such rights do not confer to such third party the right to claim any portion of the RA Capacity sold to Buyer hereunder in order to make an RAR Showing, LAR Showing, FCR Showing, or any similar capacity or resource adequacy showing with the CAISO, CPUC or other Governmental Body and (g) any other revenue sources so long as such sales by Seller do not confer to any third party the right to claim any portion of the Products sold to Buyer hereunder. Buyer acknowledges and agrees that all Availability Incentive Payments are for the benefit of Seller and for Seller's account, and that Seller shall receive, retain, or be entitled to receive all credits, payments, and revenues, if any, resulting from Seller achieving or exceeding Availability Standards. Any Non-Availability Charges are the responsibility of Seller, and for Seller's account, and Seller shall be responsible for all fees, charges, or penalties, if any, resulting from Seller failing to achieve Availability Standards. If a centralized capacity market develops within CAISO, Buyer will have exclusive rights to offer, bid, or otherwise submit Designated RA Capacity provided to Buyer pursuant to this Confirmation for re-sale in such market, and retain and receive any and all related revenues; provided that any such contracting shall not require Seller to incur any additional out of pocket expense or limit or otherwise affect Seller's rights under this Transaction. However, Buyer shall be entitled to receive and retain all revenues associated with the Designated RA Capacity of any Unit during the Delivery Period (including any capacity or availability revenues from RMR Agreements for any Unit, Reliability Compensation Services Tariff, and Residual Unit Commitment capacity payments, but excluding payments described in clauses (a) through (g) above). In accordance with Section 4.9 of this Confirmation, all such revenues received by Seller, or a Unit's SC, owner, or operator shall be remitted to Buyer, and Seller shall indemnify Buyer for any such revenues that Buyer does not receive, and Seller shall pay such revenues to Buyer if the Unit's SC, owner, or operator fails to remit those revenues to Buyer. If Seller fails to pay such revenues to Buyer, Buyer may offset any amounts owing to it for such revenues against any future amounts it may owe to Seller under this Confirmation pursuant to Section 28 of the Master Agreement.
ARTICLE 5
CAISO OFFER REQUIREMENTS
During the Delivery Period, except to the extent any Unit is in an Outage, or is affected (or its transmission path is affected) by an event of Force Majeure that results in a partial or full Outage of that Unit, or as otherwise provided in Section 4.4, Seller shall either schedule or cause the Unit's Scheduling Coordinator to schedule with, or make available to, the CAISO the Unit's Designated RA Capacity in compliance with the Tariff, and shall perform all, or cause the Unit's Scheduling Coordinator, owner, or operator, as applicable, to perform all obligations under the Tariff that are associated with the sale of Designated RA Capacity hereunder. Buyer shall have no liability for 16 DocuSign Envelope ID: 8877049O-BO17-4636-A482-7 402F0480FD3 the failure of Seller or the failure of any Unit's Scheduling Coordinator, owner, or operator to comply with such Tariff provisions, including any penalties or fines imposed on Seller or the Unit's Scheduling Coordinator, owner, or operator for such noncompliance.
ARTICLE 6
DELAY AND EARLY TERMINATION
6.1 Guaranteed Delivery Date.
If the Initial Delivery Date has not occurred earlier than 180 days after the Guaranteed Delivery Date, so long as the Initial Delivery Date has not yet occurred, either Party shall have the right to provide written notice to the other Party that it is terminating this Agreement. Upon such termination, as Buyer's sole and exclusive remedy for such termination, Seller shall forfeit, and Buyer shall retain the remaining balance, if any, of the Performance Security less any Daily Delay Damages paid pursuant to this Section 6.1. If Seller fails to achieve the Initial Delivery Date on or before the Guaranteed Delivery Date, then Seller shall pay to Buyer liquidated damages for each day of such delay, for up to one hundred eighty (180) days maximum, in the amount per day equal to the Daily Delay Damages. Seller shall pay to Buyer all such outstanding liquidated damages every fifteen (15) days via wire transfer.
6.2 Financial Close Deadline.
If Seller does not achieve Financial Close on or before the Financial Close Deadline, then, provided Seller provides written notice within ten (10) days following the Financial Close Deadline, Seller may terminate the Agreement without penalty. If Seller terminates this Agreement pursuant to this Section 6.2, notwithstanding anything in the Agreement to the contrary, neither Party shall be liable to the other with respect to such termination. Failure to provide written notice of termination within the given time shall act as a waiver of such termination right. From the Confirmation Effective Date until the Financial Close Date, Seller shall provide monthly status updates via email to Buyer concerning progress related to Seller achieving Financial Close.
6.3 CAISO Capacity Award.
The Parties acknowledge that the Project, as of the Confirmation Effective Date, does not have an allocation of deliverability from CAISO and agree that such fact shall not constitute a breach of any representation or warranty made by Seller as of the Confirmation Effective Date through the Financial Close Date. The Parties further agree that that the Project not having an allocation of deliverability from CAISO shall not affect Seller's right to termination pursuant to Section 6.2. Seller shall provide written notice within ten (10) calendar days following Seller's receipt of notice of allocation of deliverability from CAISO. If Seller does not receive or have an allocation of deliverability from CAISO by June 30, 2025, either Party may terminate this Agreement upon notice to the other Party; provided, the Seller has not yet received or does not have allocation of deliverability from CAISO upon delivery of such notice. If either Party terminates this Agreement pursuant to this Section 6.3, notwithstanding anything in the Agreement to the contrary, neither Party shall be liable to the other with respect to such termination.
ARTICLE 7
GENERAL REPRESENTATIONS AND WARRANTIES
In addition to the representations and warranties contained in Section 37 of the Master Agreement, each of Buyer and Seller represents and warrants to the other Party that, as of the Confirmation Effective Date:
17 DocuSign Envelope ID: 8877049D-BD17-4636-A482-7402F048DFD3
8.1 (a) it is duly organized, validly existing and in good standing under the laws of the jurisdiction of its formation;
(b) it has, or will have, all contractual, governmental, regulatory and legal authorizations necessary for it to legally perform its obligations under this Confirmation; (c) the execution, delivery and performance of this Confirmation are within its powers, have been duly authorized by all necessary action;
(d) this Confirmation and each other document executed and delivered in accordance with this Confirmation constitutes its legally valid and binding obligation enforceable against it in accordance with its terms, subject to any bankruptcy, insolvency, reorganization and other laws affecting creditors' rights generally, and with regard to equitable remedies, the discretion of the court before which proceedings to obtain same may be pending; and
(e) it is acting for its own account, has made its own independent decision to enter into this Confirmation and as to whether this Confirmation is appropriate or proper for it based upon its own judgment, is not relying upon the advice or recommendations of the other Party in doing so, and is capable of assessing the merits of and understanding, and understands and accepts, the terms and conditions and risks of this Confirmation; and
(f) with respect to the Master Agreement and this Confirmation, the obligations to make payments hereunder do not constitute or create any kind of lien on, or security interest in, any property or revenues of Buyer.
ARTICLE 8
OTHER BUYER AND SELLER COVENANTS
Mutual Cooperation Obligations
Buyer and Seller shall, throughout the Delivery Period, take all commercially reasonable actions and execute any and all documents or instruments reasonably necessary to ensure Buyer's right to the use of the Contract Quantity for the sole benefit of Buyer's RAR, LAR and/or FCR, as applicable. Such commercially reasonable actions shall include, without limitation:
(a) Cooperating with and providing, and in the case of Seller causing the Unit's Scheduling Coordinator, owner, or operator to cooperate with and provide requested supporting documentation to the CAISO, the CPUC, or any other Governmental Body responsible for administering RAR, LAR and/or FCR under Applicable Laws, to certify or qualify the Contract Quantity as RA Capacity and Designated RA Capacity. Such actions shall include, without limitation, providing information requested by the CAISO, the CPUC, or by an LRA having jurisdiction, to demonstrate for each Showing Month of the Delivery Period the ability to deliver the Contract Quantity from the Unit to the CAISO Controlled Grid consistent with the Product attributes described in Article 2 and Article 3 for the Confirmation, and providing information requested by the CPUC, the CAISO or other Governmental Body having jurisdiction to administer RAR, LAR or FCR to demonstrate that the Contract Quantity can be delivered to the CAISO Controlled Grid, pursuant to "deliverability" standards established by the CAISO, or other Governmental Body having jurisdiction to administer RAR, LAR and/or FCR; and 18 DocuSign Envelope ID: 8877049D-BD17-4636-A482-7402F048DFD3 (b) Negotiating in good faith to make necessary amendments, if any, to this Confirmation, which are subject to agreement of the Parties, in each Party's sole discretion, to conform this Transaction to subsequent clarifications, revisions, or decisions rendered by the CPUC, CAISO, Federal Energy Regulatory Commission ("FERC"), or other Governmental Body having jurisdiction to administer RAR, LAR and FCR, so as to maintain the benefits of the bargain struck by the Parties on the Confirmation Effective Date.
(c) If a change in Applicable Laws or in the Tariff render this Agreement or any provision hereof incapable of being performed or administered, then either Party may request that Buyer and Seller enter into negotiations to make the minimum changes to this Agreement necessary to make this Agreement capable of being performed and administered, while attempting to preserve to the maximum extent possible the benefits, burdens, and obligations set forth in this Agreement as of the Confirmation Effective Date. Upon delivery of such a request, Buyer and Seller shall engage in such negotiations in good faith. If Buyer and Seller are unable, within sixty (60) days after delivery of such request, to agree upon changes to this Agreement or to resolve issues relating to changes to this Agreement, then either Party may submit issues pertaining to changes to this Agreement to the Dispute Resolution process set forth in Section 34 of the Master Agreement.
Notwithstanding the foregoing, a change in cost shall not in and of itself be deemed to render this Agreement or any of the provisions hereof incapable of being performed or administered, or constitute, or form the basis of, a Force Majeure.
8.2 Seller Representations, Warranties and Covenants
Seller represents, warrants and covenants to Buyer that, throughout the Delivery Period:
(a) Seller owns or has the exclusive right to the RA Capacity sold under this Confirmation from the Unit, and shall furnish Buyer, CAISO, CPUC or other jurisdictional LRA, or other Governmental Body with such evidence as may reasonably be requested to demonstrate such ownership or exclusive right; (b) No portion of the Contract Quantity has been committed by Seller to any third party in order to satisfy RAR, LAR, FCR or such analogous capacity obligations in any non-CAI SO or CAISO markets, other than pursuant to an RMR Agreement between the CAISO and either Seller or the Unit's owner or operator; (c) The Unit is connected to the CAISO Controlled Grid, is within the CAISO Control Area, or is under the control of CAISO;
(d) The owner or operator of the Unit is obligated to comply with Applicable Laws, including the Tariff, relating to RA Capacity and, as applicable, RAR, LAR and/or FCR;
(e) If Seller is the owner of any Unit, the respective cumulative sums of RAR Attributes, and any applicable LAR Attributes and FCR Attributes that Seller has sold, assigned, or transferred for any Unit does not exceed that Unit's RA Capacity, including Unit NQC and Unit EFC, as applicable;
(f) With respect to the RA Capacity provided under this Confirmation, Seller shall, and the Unit's Scheduling Coordinator is obligated to, comply with Applicable Laws, including the Tariff, relating to RA Capacity;
19 DocuSign Envelope ID: 8877049D-BD17-4636-A482-7402F048DFD3 (g) Seller has notified the Scheduling Coordinator of the Unit that Seller has transferred the Designated RA Capacity to Buyer, and the Scheduling Coordinator is obligated to deliver the Supply Plans in accordance with the Tariff and this Agreement; (h) Seller has notified the Scheduling Coordinator of the Unit that Seller is obligated to cause the Unit's Scheduling Coordinator to provide to the Buyer, by the Notification Deadline for each RAR Showing, LAR Showing, and/or FCR Showing, as applicable, the Designated RA Capacity of the Unit that is to be submitted in the Supply Plan associated with this Agreement for the applicable period; and (i) Seller has notified the Unit's SC that Buyer is entitled to the revenues set forth in Section 4.10 of this Confirmation, and such SC is obligated to promptly deliver those revenues to Buyer, along with appropriate documentation supporting the amount of those revenues.
ARTICLE 9
CONFIDENTIALITY
(a) Each Party agrees, and shall use reasonable efforts to cause its parent, subsidiary and Affiliates, and its and their respective directors, officers, employees and representatives, as a condition to receiving confidential information hereunder, to keep confidential, except as required by Applicable Law, all documents, data, drawings, studies, projections, plans and other written information that are clearly marked "Confidential" at the time a Party shares such information with the other Party ("Confidential Information"). The provisions of this Article 9 shall survive and shall continue to be binding upon the Parties for a period of one (1) year following the date of termination or expiration of this Agreement. Notwithstanding the foregoing, information shall not be considered Confidential Information if such information (i) is disclosed with the prior written consent of the originating Party, (ii) was in the public domain prior to disclosure or is or becomes publicly known or available other than through the action of the receiving Party in violation of this Agreement, (iii) was lawfully in a Party's possession or acquired by a Party outside of this Agreement, which acquisition was not known by the receiving Party to be in breach of any confidentiality obligation, or (iv) is developed independently by a Party based solely on information that is not considered confidential under this Agreement.
(b) Either Party may, without violating this Article 9 disclose matters that are made confidential by this Agreement:
(i) to its counsel, accountants, auditors, advisors, other professional consultants, credit rating agencies, actual or prospective co-owners, investors, purchasers, lenders, underwriters, contractors, suppliers, and others involved in construction, operation, and financing transactions and arrangements for a Party or its subsidiaries or Affiliates; (ii) to governmental officials and parties involved in any proceeding in which either Party is seeking a permit, certificate, or other regulatory approval or order necessary or appropriate to carry out this Agreement; and
(iii) to governmental officials or the public as required by any law, regulation, order, rule, ruling or other Applicable Law, including laws or regulations requiring disclosure offinancial information and information material to financial matters and filing of financial reports and responding to oral questions, discovery requests, subpoenas, civil investigations or similar processes.
20 DocuSign Envelope ID: 8877049D-BD17-4636-A482-7402F048DFD3 (c) Notwithstanding the foregoing or any other provision of this Agreement, Seller acknowledges that Buyer is subject to disclosure as required by the California Public Records Act, Cal. Govt. Code §§ 6250 et seq. ("CPRA") and the Ralph M. Brown Act, Cal. Govt. Code §§ 54950 et seq. ("Brown Act"). Confidential Information of Seller provided to Buyer pursuant to this Agreement shall become the property of Buyer, and Seller acknowledges that Buyer shall not be in breach of this Agreement or have any liability whatsoever under this Agreement or otherwise for any claims or causes of action whatsoever resulting from or arising out of Buyer copying or releasing to a third party any of the Confidential Information of Seller as required by CPRA or Brown Act; provided, Buyer complies with Section 9(d).
(d) If a Party is requested or required, pursuant to any Applicable Law, regulation, order, rule, ruling or other Applicable Law, discovery request, subpoena, civil investigation or similar process to disclose any of the Confidential Information, and if permitted by Applicable Law, such Party shall provide prompt written notice to the other Party of such request or requirement so that at such other Party's expense, such other Party may seek a protective order or other appropriate remedy concerning such disclosure. If Buyer receives a CPRA request for Confidential Information of Seller, and Buyer or Buyer's authorized representative determines that such Confidential Information is subject to disclosure under CPRA, then Buyer shall notify Seller of the request and its intent to disclose the documents. Buyer, as required by CPRA, shall release such documents unless Seller timely obtains a court order prohibiting such release. If Seller, at its sole expense, chooses to seek a court order prohibiting the release of Confidential Information pursuant to a CPRA request, then Seller undertakes and agrees to defend, indemnify and hold harmless Buyer from and against all suits, claims, and causes of action brought against Buyer for Buyer's refusal to disclose Confidential Information of Seller to any person making a request pursuant to CPRA. Seller's indemnity obligations shall include, but are not limited to, all actual costs incurred by Buyer, and specifically including costs of experts and consultants, as well as all damages or liability of any nature whatsoever arising out of any suits, claims, and causes of action brought against Buyer, through and including any appellate proceedings. Seller's obligations to Buyer under this indemnification provision shall be due and payable on a monthly, on-going basis within thirty (30) days after each submission to Seller of Buyer's invoices for all fees and costs incurred by Buyer, as well as all damages or liability of any nature. (e) Each Party acknowledges that any disclosure or misappropriation of Confidential Information by such Party in violation of this Agreement could cause the other Party or their Affiliates irreparable harm, the amount of which may be extremely difficult to estimate, thus making any remedy at law or in damages inadequate. Therefore each Party agrees that the non-breaching Party shall have the right to apply to any court of competent jurisdiction for a restraining order or an injunction restraining or enjoining any breach or threatened breach of this Agreement and for any other equitable relief that such non-breaching Party deems appropriate. This right shall be in addition to any other remedy available to the Parties in law or equity. (f) Notwithstanding Section 30.1 of the Master Agreement and this Article 9, Buyer may disclose information regarding this Transaction, to the extent required, to any Governmental Body, the CPUC, the CAISO or any LRA having jurisdiction in order to support its RAR Showings, LAR Showings and/or FCR Showings, as applicable, and Seller may disclose the information regarding this Transaction to the Scheduling Coordinator of the Unit in order for such Scheduling Coordinator to timely submit Supply Plans. Buyer may disclose information related to this Transaction, other than Contract Price, to a Subsequent Buyer; provided that any Subsequent Buyer agrees in writing to maintain the confidentiality of such information consistent with this Section 9.
21 DocuSign Envelope ID: 8877049D-BD17-4636-A482-7402F048DFD3 ARTICLE 10
BUYER'S RE-SALE OF PRODUCT
(a) Buyer may re-sell all or a portion of the Contract Quantity of Product hereunder; provided, however, that any such re-sale does not increase Seller's obligations, costs or liabilities hereunder. Seller will, or will cause the Unit's SC, to (i) follow Buyer's instructions with respect to providing such resold Product to Subsequent Buyers, to the extent such instructions are consistent with Seller's obligations under this Confirmation, and (ii) take all commercially reasonable actions and execute all documents or instruments reasonably necessary to allow such Subsequent Buyers to use such resold Product in a manner consistent with Buyer's rights under this Confirmation, provided, in each case, that Buyer shall reimburse Seller for any reasonable costs incurred in connection with such transactions that would not have been incurred but for such re-sale. For avoidance of doubt, Buyer shall not reimburse Seller for any reasonable costs incurred in connection with any Product Seller delivers to Buyer. If Seller incurs any liability to a Subsequent Buyer, CAISO, or any other third party due to the failure of Buyer or Subsequent Buyer to comply with this Confirmation with respect to any re-sale pursuant to this Section 1 0(a), Buyer will be liable to Seller for the same amounts Buyer would have owed Seller under this Confirmation if Buyer had not resold the Product. If Buyer incurs any liability to a Subsequent Buyer due to the failure of Seller or the Unit's SC to comply with this Confirmation, Seller will be liable to Buyer for the same amounts Seller would have owed Buyer under this Confirmation if Buyer had not resold the Product.
(b) Buyer will notify Seller in writing of any resale of Product and the Subsequent Buyer no later than five Business Days before the Compliance Showing deadline for the applicable Showing Month. Buyer will notify Seller of any subsequent changes or further resales no later than five Business Days before the Compliance Showing deadline for the applicable Showing Month. (c) If CAISO or CPUC develops a centralized capacity market, Buyer will have exclusive rights to offer, bid, or otherwise submit the applicable Contract Quantity of Product for each day during the Delivery Period provided to Buyer pursuant to this Confirmation for re-sale in such market, and retain and receive all revenues from such re-sale. Seller agrees to take all commercially reasonable actions to assist Buyer with such re-sale, provided that Seller's obligation to assist shall not require modification of any of the commercial terms of this Confirmation and Buyer shall reimburse Seller for any reasonable costs incurred in connection with such transactions that would not have been incurred but for such re-sale.
ARTICLE 11
NEW CATEGORIES AND CLASSIFICATIONS
(a) Seller's Expenditure Cap. If, after the commencement of the Delivery Period, there are new categories or classifications of FCR Attributes or RAR Attributes ("New Categories"), Seller shall be responsible to take any and all actions ("Compliance Actions") to ensure these New Categories are deemed to be part of the FCR Attributes or RAR Attributes, as applicable, of the Unit where the cost of all such actions shall not exceed an aggregate amount equal to one hundred thousand ($100,000) ("Seller's Expenditure Cap").
(b) Buyer's Expenditure Cap. If Seller reasonably expects that Compliance Action costs will exceed Seller's Expenditure Cap, Seller shall provide notice ("Initial Costs Notice") to Buyer of the foregoing with supporting documentation. Buyer may request additional documentation or information as reasonably required by Buyer to evaluate the Initial Costs Notice. Within sixty (60) days of the later of the Initial Cost Notice, Buyer will evaluate such Initial Compliance Costs Notice 22 DocuSign Envelope ID: 8877049D-BD17-4636-A482-7402F048DFD3 and any supplemental information and, if Seller's representation in the Initial Costs Notice are reasonably acceptable to Buyer, then (i) Buyer shall reimburse Seller for all Compliance Costs associated with the Compliance Actions that exceed the Seller's Expenditure Cap; or (ii) Buyer shall notify Seller that it will not pay any amounts. In the event Buyer will not reimburse the full amount of such Compliance Actions in excess of Seller's Expenditure Cap, Seller shall have no obligation to undertake such Compliance Actions and shall not be in breach as a result of not undertaking such Compliance Actions.
ARTICLE 12
COLLATERAL REQUIREMENTS
(a) To secure its obligations under this Agreement, Seller shall deliver and maintain Performance Security to Buyer within the time periods and amounts set forth in the definition of Performance Security. Seller shall maintain the Performance Security in full force and effect, subject to any draws made by Buyer in accordance with this Agreement, until the following have occurred: (a) the Delivery Period has expired or terminated early; and (b) all payment obligations of the Seller then due and payable under this Agreement, including compensation for penalties, Termination Payment, indemnification payments or other damages are paid in full (whether directly or indirectly such as through set-off or netting). Following the occurrence of both events, Buyer shall promptly return to Seller the unused portion of the Performance Security not allocated to invoiced but unpaid amounts.
(b) First Priority Security Interest in Cash or Cash Equivalent Collateral. To secure its obligations under this Agreement, and until released as provided herein, Seller hereby grants to Buyer a present and continuing first-priority security interest ("Security Interest") in, and lien on (and right to net against), and assignment of the Performance Security, and any and all interest thereon or proceeds resulting therefrom or from the liquidation thereof, whether now or hereafter held by, on behalf of, or for the benefit of Buyer, and Seller agrees to take all action as Buyer reasonably requires in order to perfect Buyer's Security Interest in, and lien on (and right to net against), such collateral and any and all proceeds resulting therefrom or from the liquidation thereof. Buyer shall apply the proceeds of the collateral realized upon the exercise of any such rights or remedies to reduce Seller's obligations under this Agreement (Seller remains liable for any amounts owing to Buyer after such application), subject to Buyer's obligation to return any surplus proceeds remaining after these obligations are satisfied in full. (c) The Performance Security is subject to the following provisions:
(i) Each Letter of Credit must be maintained for the benefit of Buyer; (ii) Seller shall:
(A) Renew or cause the renewal of each outstanding Letter of Credit on a timely basis as provided in the relevant Letter of Credit, as applicable;
(B) If the entity that issued an outstanding Letter of Credit, as applicable, has indicated its intent not to renew or extend such Letter of Credit, as applicable, provide alternative Performance Security pursuant to this Agreement or otherwise acceptable to Buyer at least twenty (20) Business Days before the expiration of the outstanding Letter of Credit, as applicable; and
23 DocuSign Envelope ID: 8877049D-BD17-4636-A482-7402F048DFD3 (C) If the entity issuing a Letter of Credit, as applicable, fails to honor Buyer's properly documented request to draw on an outstanding Letter of Credit, as applicable, Seller shall provide alternative Performance Security acceptable pursuant to this Agreement or otherwise acceptable to Buyer within three (3) Business Days after such refusal; and
(D) In the event Buyer draws on the Performance Security, Seller shall immediately replenish the Performance Security to the amount required for the Performance Security.
(d) Upon the occurrence of a Letter of Credit Default, Seller shall provide to Buyer either a substitute Letter of Credit or alternative Performance Security acceptable pursuant to this Agreement or otherwise acceptable to Buyer, in each case on or before the first Business Day after the occurrence thereof.
(e) Upon the occurrence of Letter of Credit Derating, Seller shall provide to Buyer either a substitute Letter of Credit or alternative Performance Security acceptable pursuant to this Agreement or otherwise acceptable to Buyer, in each case on or before the third (3rd) Business Day after the occurrence of the Letter of Credit Derating. (f) Upon, or at any time after the occurrence and continuation of an Event of Default by Seller or an occasion provided for in this Agreement where Buyer is authorized to retain all or a portion of the Security, then Buyer may draw on any undrawn portion of any outstanding Letter of Credit equal to any amount due and owing after any applicable cure period.
In addition, Buyer will have the right to draw on the Performance Security for any of the following reasons:
1. The Letter of Credit will expire in fewer than ten (10) Business Days and Seller has not provided Performance Security acceptable pursuant to this Agreement or otherwise acceptable to Buyer.
2. The Seller or the issuer of the Letter of Credit has provided written notice to Buyer of either Seller's or the issuer's intent not to renew or extend the Letter of Credit following the present expiration date thereof ("Notice of Non-Renewal"), and Seller has failed to provide Buyer with a replacement Performance Security acceptable pursuant to this Agreement or otherwise acceptable to Buyer within thirty (30) days following the date of the Notice of Non-Renewal.
3. Buyer has not been paid any or all of Seller's payment obligations due and payable under the Agreement after expiration of any applicable cure period; provided, such amount drawn shall not exceed such amount due and owing to Buyer.
Notwithstanding Buyer's receipt of cash proceeds of a drawing under the Letter of Credit, Seller shall remain liable for any: (A) Failure to provide or maintain sufficient Performance Security (including failure to replenish such Performance Security to the full amount required under this Agreement in the event that Buyer draws against the Performance Security pursuant to this Agreement); or (8) Any amounts owing to Buyer and remaining unpaid after the application of the amounts so drawn by Buyer. Any liquidation of the Performance Security shall be free from any 24 DocuSign Envelope ID: 8877049D-BD17-4636-A482-7402F048DFD3 claim or right of any nature whatsoever of Seller, including any equity or right of purchase or redemption by Seller.
(g) In all cases, the costs and expenses of establishing, renewing, replenishing, substituting, canceling, and increasing the amount of a Letter of Credit will be borne solely by Seller.
ARTICLE 13
FORCE MAJEURE
(a) No Default for Force Majeure. Neither Party will be considered to be in default in the performance of any of its obligations set forth in this Agreement (except for obligations to pay money) when and to the extent failure of performance is caused by Force Majeure. The Guaranteed Delivery Date will, subject to Article 13(d) and Seller's compliance with its obligations as the Claiming Party under Article 13 (b), be extended on a day-for-day basis for the duration of the Force Majeure when Seller is the Claiming Party.
(b) Requirements Applicable to the Claiming Party. If a Party, because of Force Majeure, is rendered wholly or partly unable to perform its obligations when due under this Agreement, that Party (the "Claiming Party"), will be excused from whatever performance is affected by the Force Majeure to the extent so affected, provided, the Claiming Party must have complied with (i) and (ii) directly below. In order to be excused from its performance obligations hereunder by reason of Force Majeure: (i) the Claiming Party, within fourteen (14) days after the initial occurrence of the claimed Force Majeure, must give the other Party notice describing the particulars of the occurrence; and (ii) the Claiming Party must provide timely evidence reasonably sufficient to establish that the occurrence constitutes Force Majeure as defined in this Agreement. (c) Initial Delivery Date Deadline. If, at any time between Financial Close and the Initial Delivery Date, a Force Majeure event occurs for a period greater than one hundred and eighty (180) cumulative days, then during such Force Majeure event, either Party may terminate this Agreement on notice, which shall be effective ten (10) days after such notice is provided to the other Party; provided, such Force Majeure event is continuing at the time of such termination. Such termination shall be a "no-fault" termination and neither Party shall pay a Termination Payment or incur any additional liability.
(d) Delivery Period. During the Delivery Period, either Party may terminate this Confirmation on notice, which will be effective five (5) Business Days after such notice is provided, if (i) an event of Force Majeure extends and is continuing for more than three hundred sixty-five (365) consecutive days which materially and adversely affects the operations of the Claiming Party, or (ii) a Unit is destroyed or rendered inoperable by a Force Majeure, and an independent, third party engineer determines in writing that the Unit cannot be repaired or replaced within an aggregate period of twenty-four (24) months after the first day of such Force Majeure. Any such termination pursuant to this Section 13( d) shall be without liability to either Party for such termination.
ARTICLE 14
INSURANCE
Throughout the Delivery Peri.ad, Seller shall maintain insurance as specified in Appendix E of this Agreement, which is attached hereto and incorporated herein by reference. 25 DocuSign Envelope ID: 8877049D-BD17-4636-A482-7402F048DFD3 ARTICLE 15
MASTER AGREEMENT AMENDMENTS
For this Transaction and in addition to other provisions contained in this Confirmation, the Master Agreement shall be amended as follows:
(a) Section 7 of the Master Agreement is hereby deleted. (b) Section 14 of the Master Agreement is amended by inserting the following "subject to Section 15." in the fifth line following "Confirmation(s),". (c) Section 15 of the Master Agreement is amended by inserting the following new text at the end thereof:
"Seller has the right to assign this Agreement as collateral for any financing or refinancing of the Project. In connection with any financing or refinancing of the Project by Seller, Buyer shall in good faith work with Seller and its lender to execute a commercially reasonable form of assignment agreement to be agreed to by the Parties. Such assignment agreement shall be subject to reasonable and customary terms, provided however that Buyer shall have no obligation to consent to any assignment that will alter the Contract Quantity, the Contract Price or any commercial terms related to the transaction. Seller shall pay Buyer for the reasonable costs and expenses incurred by Buyer arising in connection with the negotiation of any collateral assignment agreement. Furthermore, Buyer shall be required to execute an estoppel certificate upon reasonable request by Seller, in a form reasonably acceptable to Buyer."
(d) Sections 16.4, 16.5.1 and 16.6 of the Master Agreement as it relates to the obligation of the Seller are hereby deleted.
(e) Section 21.1 of the Master Agreement is amended by deleting "direct" in the ninth line thereof. The Parties also agree that the waiver on the fifth line of that section does not apply to any damages or other remedies expressly provided for in this Confirmation.
(f) Section 22.1 of the Master Agreement is modified by deleting subsection (d) and replacing it with "[intentionally omitted]" and by inserting the following new text at the end thereof:
"(f) the failure of the Defaulting Party to perform any material covenant or obligation set forth in this Agreement (except to the extent constituting a separate Event of Default, and except for such Party's obligations to deliver or receive the quantities of Product due under this Agreement, the exclusive remedy for which is provided in this Confirmation and in Section 21.3) if such failure is not remedied within ten (10) Business Days after written notice;
(g) the failure of the Defaulting Party to pay its debts generally as they become due or the Defaulting Party's admission in a writing that it is unable to generally pay its debts as they become due;
26 DocuSign Envelope ID: 8877049D-8D17-4636-A482-7402F048DFD3 (h) the application for, consent to, or acquiescence to, by the Defaulting Party, the appointment of a receiver, custodian, trustee, liquidator, or similar official for all or a substantial portion of its assets."
(g) Section 22.1 ( c) of the Master Agreement is amended by inserting ", provided that any petition of bankruptcy filed or commenced against the Defaulting Party remains unstayed or undismissed for a period of ninety (90) days" following "liquidation" in line five.
(h) Section 22.1 (e)(iii) of the Master Agreement is amended by inserting ", provided that any petition of bankruptcy filed or commenced against the Guarantor remains unstayed or undismissed for a period of ninety (90) days" following "liquidation" in line six.
(i) Section 22.2(b) of the Master Agreement is amended by inserting in Section 22.2, "and is continuing" after "Event of Default occurs" in the first line thereof and deleting the second sentence therein.
U) Section 22.3 of the Master Agreement is amended by:
1. In Section 22.3(b), replacing the reference to "paragraph (a)" in the first line with "paragraph (b)" and replacing the second sentence thereof with "The "Present Value Rate" shall mean an annual rate equal to the "prime rate" as published in the Wall Street Journal from to time plus 2%.";
2. In Section 22.3(c), deleting the third sentence thereof and replacing it with the following: "If the Non-Defaulting Party's aggregate Gains exceed its aggregate Losses and Costs, if any, resulting from the termination of this Agreement or a Confirmation, the Termination Payment for all such Terminated Transactions shall be zero, notwithstanding any provision in this Section or Agreement to the contrary."
3. In Section 22.3(e), delete the entire provision (including subsections) and replace it with the following: "[Intentionally omitted]"
4. In Section 22.3(f), delete the entire provision and replace it with the following:
"If the Defaulting Party disagrees with the calculation of the Termination Payment and the Parties cannot otherwise resolve their differences, and provided that Defaulting Party has paid the undisputed part of the Termination Payment to the Non-Defaulting Party as provided under Section
22.3(c), and that any amounts disputed by the Defaulting Party are disputed in good faith, then the Defaulting Party may submit the calculation issue to Dispute Resolution pursuant to Section 34."
(k) Section 22A of the Master Agreement is hereby deleted. (I) In Section 24, delete the first sentence and replace it with the following:
27 DocuSign Envelope ID: 8877049D-8D17-4636-A482-7 402F048DFD3 "This Agreement and any Confirmation shall be governed by and construed in accordance with the laws of the State of California, without regard to the conflicts of laws rules thereof.
(m) The netting provisions of Section 28, NETTING, of the Master Agreement shall apply to the transaction covered by this Confirmation as if Buyer and Seller had both executed Exhibit A, NETTING, to the Master Agreement. Both Parties intend for the netting provisions of Exhibit A to the Master Agreement to be effective on the Confirmation Effective Date.
(n) Section 27 of the Master Agreement is modified by deleting Section 27 in its entirety and replacing it with "[intentionally omitted]"
(o) Section 30.1 of the Master Agreement is amended by inserting "or requested" after the word "required" in Section 30.1 (4), by deleting "or" immediately before clause (7), and by adding the following at the end of the first sentence: "; or (8) to the Party's and such Party's affiliates' lenders and potential lenders, investors or potential investors, counsel, accountants, advisors and agents who have a need to know such information and have agreed to keep such terms confidential". (p) Subsection 32.1.2 of the Master Agreement is amended by removing "(other than provisions regarding the operation of WSPP as an organization including Section 7 and 8)" where the Parties acknowledge and agree that any revisions or deletions in this Agreement relating to the operations of the WSPP shall not affect the operation of WSPP as an organization.
(q) Subsections 34.1 and 34.2 of the Master Agreement are hereby deleted and replaced with the following:
"34.1 INFORMAL DISPUTE RESOLUTION
IN THE EVENT OF ANY DISPUTE ARISING UNDER THIS TRANSACTION, WITHIN TEN (10) DAYS FOLLOWING THE RECEIPT OF A WRITTEN NOTICE
FROM EITHER PARTY IDENTIFYING SUCH DISPUTE, THE PARTIES SHALL
MEET, NEGOTIATE AND ATTEMPT, IN GOOD FAITH, TO RESOLVE THE DISPUTE QUICKLY, INFORMALLY AND INEXPENSIVELY. IF THE PARTIES
ARE UNABLE TO RESOLVE A DISPUTE ARISING HEREUNDER WITHIN THIRTY (30) DAYS AFTER RECEIPT OF SUCH NOTICE, THEN EITHER PARTY
MAYSEEKANY AND ALL REMEDIES AVAILABLE TO IT AT LAW OR IN EQUITY, SUBJECT TO THE LIMITATIONS SET FORTH IN THIS TRANSACTION." "34.2 EXCLUSIVE JURISDICTION
EACH PARTY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE
STATE OR FEDERAL COURTS LOCATED IN SAN FRANCISCO, CALIFORNIA,
FOR ANY ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR
ANY TRANSACTION, AND EXPRESSLY WAIVES ANY OBJECTION IT MAY HAVE TO SUCH JURISDICTION OR THE CONVENIENCE OF SUCH FORUM." (r) The phrase "arbitration or" is hereby deleted from the first line of Section 34.4. 28 DocuSign Envelope ID: 8877049D-BD17-4636-A482-7402F048DFD3 (s) The following shall be inserted as a new Section 34.5; PROVIDED HOWEVER, THAT THE FOLLOWING NEW SECTION 34.5 SHALL NOT LIMIT BUYER'S
RIGHT TO RECOVER FROM SELLER, OR SELLER'S OBLIGATION TO PAY BUYER, ANY AND ALL AMOUNTS OWED UNDER SECTION 4.7 AND SECTION
4.8 OF THIS CONFIRMATION, INCLUDING PENALTIES AS SPECIFIED THEREIN:
"34.5 LIMITATION OF DAMAGES. FOR BREACH OF ANY PROVISION OF
THIS CONFIRMATION AGREEMENT FOR WHICH AN EXPRESS REMEDY OR
MEASURE OF DAMAGES IS PROVIDED, THE EXPRESS REMEDY OR
MEASURE OF DAMAGES PROVIDED IS THE SOLE AND EXCLUSIVE REMEDY
UNDER THIS AGREEMENT AND ALL OTHER REMEDIES FOR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. IF NO EXPRESS REMEDY OR MEASURE
OF DAMAGES IS PROVIDED IN THIS AGREEMENT FOR A PARTICULAR
BREACH, LIABILITY FOR THE BREACH IS LIMITED TO DIRECT DAMAGES
ONLY, WHICH SHALL BE THE SOLE AND EXCLUSIVE REMEDY UNDER THIS
AGREEMENT FOR SUCH BREACH, AND ALL OTHER REMEDIES FOR
DAMAGES AT LAW OR IN EQUITY ARE WAIVED. NEITHER PARTY IS LIABLE
FOR ANY OTHER TYPE OF DAMAGE, INCLUDING INCIDENTAL, PUNITIVE,
EXEMPLARY, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES OF ANY
NATURE (INCLUDING DAMAGES ASSOCIATED WITH LOST PROFITS,
BUSINESS INTERRUPTION AND LOSS OF GOODWILL) ARISING AT ANY
TIME, WHETHER IN TORT (INCLUDING THE SOLE OR CONTRIBUTORY
NEGLIGENCE OF EITHER PARTY OR ANY RELATED PERSON), WARRANTY,
STRICT LIABILITY, CONTRACT OR STATUTE, UNDER ANY INDEMNITY PROVISION, OR OTHERWISE; PROVIDED, HOWEVER, THAT THE
FOREGOING SHALL NOT LIMIT EITHER PARTY'S RIGHT TO RECOVER
DAMAGES UNDER EXPRESS INDEMNITY PROVISIONS SET FORTH IN THE CONFIRMATION."
(t) The first sentence of Section 37 is hereby deleted. (u) Section 41 "Witness" of the Master Agreement shall become Section 42 and the following "Standard of Review" Section shall be substituted in its place:
"The Parties agree as follows:
1. Absent the agreement of all Parties to the proposed change, the standard of review for changes to any section of this Agreement (including all Transactions and/or Confirmations) specifying the rate(s) or other material economic terms and conditions agreed to by the Parties herein, whether proposed by a Party, a non-party or FERC acting sua sponte, shall be the "public interest" standard of review set forth in United Gas Pipe Line Co. v.
Mobile Gas Service Corp., 350 U.S. 332 (1956) and Federal Power Commission v. Sierra Pacific Power Co., 350 U.S. 348 (1956)( the "MobileSierra" doctrine) and clarified in Morgan Stanley Capital Group, Inc. v. Public Util. Dist. No. 1 of Snohomish 554 U.S. 527 (2008) and NRG Power Marketing LLC v. Maine Pub. Util. Comm'n, 558 U.S. 165 (2010).
2. The Parties, for themselves and their successors and assigns, (i) agree that this "public interest" standard shall apply to any proposed changes in any 29 DocuSign Envelope ID: 8877049D-BD17-4636-A482-7402F048DFD3 other documents, instruments or other agreements executed or entered into by the Parties in connection with this Agreement and (ii) hereby expressly and irrevocably waive any rights they can or may have to the application of any other standard of review, including the "just and reasonable" standard." No future amendments to the Effective Version of Master Agreement as of the Effective Date of this Agreement shall be binding on the Parties unless each Party mutually agrees to such amendment and its incorporation to this Agreement, provided, however, that neither Party shall be obligated to agree to any additional amendment to the Master Agreement that would have an adverse effect on that Party.
ARTICLE 16
WRITTEN NOTICE INFORMATION
Parties shall send all written notices and invoices in conformance with the contract information in Appendix F, attached hereto and incorporated herein by reference. Appendix F also contain scheduling, wire transfer, and ACH transfer information.
ARTICLE 17
COUNTERPARTS
This Confirmation may be signed in any number of counterparts with the same effect as if the signature to counterparty were upon a single instrument. The Parties may rely on electric, or scanned signatures as originals under this Confirmation. Delivery of an executed signature page of this Confirmation by facsimile or electronic mail transmission (including PDF) shall be the same as delivery of a manually executed signature page.
ARTICLE 18
ENTIRE AGREEMENT, NO ORAL AGREEMENTS OR MODIFICATIONS
This Confirmation sets forth the terms of the Transaction into which the Parties have entered into and (together with the Master Agreement, as revised by this Confirmation) shall constitute the entire agreement between the Parties relating to the purchase and sale of the Product.
Notwithstanding any other provisions of the Agreement, this Transaction may be confirmed only through a Documentary Writing executed by both Parties, and this Transaction may only be amended or modified by a Documentary Writing executed by both Parties. [SIGNATURE PAGE FOLLOWS]
30 DocuSign Envelope ID: 8877049D-BO17-4636-A482-7402F048DFD3
ACKNOWLEDGED AND AGREED TO AS OF THE CONFIRMATION EFFECTIVE DATE Westlands Grape, LLC, a Delaware
limited liability company
Name: David Thompson
Title: Vice President and Chief Financial
Officer
31 City of Santa Clara, chartered California
municipal corporation
By:
Name: JOVAN D. GROGAN
City Manager
Approved as to Form:
GLEN R. GOOGINS
City Attorney
City of Santa Clara
DocuSign Envelope ID: 8877049D-BD17-4636-A482-7402F048DFD3 Appendix A
Unit Information
Name Westlands Grape, LLC
("Grape")
Location Kings County, CA
CAISO Resource ID Queue #1242
Unit SCIO TBD
Unit NQC TBD (storage)
Unit EFC N/A
Resource Type Battery Storage
Resource CateQory (1, 2, 3 or 4) 4
Flexible RAR Category (1, 2 or N/A 3)
Path 26 (North or South) North
Local Capacity Area (if any, as
of Confirmation Effective N/A
Date)
Deliverability restrictions, if any,
as described in most recent N/A CAISO deliverability
assessment
Run Hour Restrictions N/A
Expected Commercial Operation June 2026 Date
32 DocuSign Envelope ID: 8877049D-BD17-4636-A482-7402F048DFD3 Appendix B
[RESERVED]
33 DocuSign Envelope ID: 8877049D-8D17-4636-A482-7402F048DFD3 Appendix C
CONTRACT PRICE
Contract Price ($/kWDelivery Date month)
If the Initial Delivery
Date is
achieved on or Before
December 31, 2025 $12.50/kW-month
If the Initial Delivery
Date is
achieved after $12.00/kW-month
December 31, 2025
34 DocuSign Envelope ID: 8877049D-BD17-4636-A482-7402F048DFD3 Appendix D
[Bank Letterhead]
L/C NUMBER: (TBD by Bank) AMOUNT: $XXX,XXX (U.S. CURRENCY) EXPIRATION DATE: MM/DD/YYYY
BENEFICIARY: APPLICANT:
Attn:
WE HEREBY OPEN OUR IRREVOCABLE NON-TRANSFERABLE STANDBY LETTER OF CREDIT ("LETTER OF CREDIT") IN FAVOR OF [BENEFICIARY] AND FOR THE ACCOUNT OF THE ABOVE REFERENCED APPLICANT IN THE AGGREGATE AMOUNT OF $XXX,XXX (Dollars and Cents) UNITED STATES CURRENCY, WHICH IS AVAILABLE BY PAYMENT WITH US WHEN ACCOMPANIED BY THE FOLLOWING DOCUMENTS:
1. A DRAFT AT SIGHT DRAWN ON-----~ AT OUR [US] [ ] OFFICE AT ____ ,ATTENTION: _______ , DULY ENDORSED ON ITS REVERSE SIDE
THEREOF BY THE BENEFICIARY, SPECIFICALLY REFERENCING THIS LETTER OF CREDIT NUMBER;
2. THE ORIGINAL LETTER OF CREDIT AND ANY AMENDMENTS A TT ACHED THERETO;
3. COPY OF INVOICE MARI<.ED UNPAID, IF APPLICABLE; AND
4. A CERTIFICATE IN THE FORM OF ATTACHMENT A.
INVOICE(S) IN EXCESS OF THE AMOUNT AVAILABLE UNDER THIS LETTER OF CREDIT ARE ACCEPT ABLE; HOWEVER, DRAWINGS UNDER THIS LETTER OF CREDIT MAY NOT EXCEED AMOUNT AVAILABLE.
IF A COMPLYING PRESENTATION OF DRAW DOCUMENTS IS MADE PRIOR TO 12:00 P.M. (PACIFIC TIME) ON A BUSINESS DAY, THEN WE SHALL, PRIOR TO THE CLOSE OF BUSINESS
ON THE FIRST FOLLOWING BUSINESS DAY, MAKE PAYMENT IN IMMEDIATELY AVAILABLE FUNDS. IF A COMPLYING PRESENTATION OF DRAW DOCUMENTS IS MADE AT OR AFTER 12:00 P.M. (PACIFIC TIME) ON A BUSINESS DAY, THEN WE SHALL, PRIOR TO CLOSE OF
BUSINESS ON THE SECOND FOLLOWING BUSINESS DAY, MAKE PAYMENT IN IMMEDIATELY AVAILABLE FUNDS.
PARTIAL DRAWINGS AND MULTIPLE PRESENTATIONS ARE PERMITTED.
ALL CHARGES OF THE ISSUER ARE FOR THE ACCOUNT OF THE APPLICANT. 35 DocuSign Envelope ID: 8877049D-BD17-4636-A482-7402F048DFD3 THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF OUR UNDERTAKING. THIS
UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, AMPLIFIED, OR
INCORPORATED BY REFERENCE TO ANY DOCUMENT, CONTRACT, OR AGREEMENT REFERENCED TO HEREIN.
WE HEREBY AGREE WITH YOU THAT DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH
THE TERMS AND CONDITIONS OF THIS CREDIT SHALL BE DULY HONORED IF PRESENTED
TOGETHER WITH DOCUMENT(S) AS SPECIFIED AT OUR OFFICE LOCATED AT _______ ,ATTENTION: ______ ON OR BEFORE THE ABOVE STATED EXPIRY DATE, OR ANY EXTENDED EXPIRY DATE IF APPLICABLE. DRAFT(S) DRAWN UNDER THIS CREDIT MUST SPECIFICALLY REFERENCE OUR LETTER OF CREDIT NUMBER.
FACSIMILE OF THE DRAW DOCUMENTS IS ACCEPTABLE TO [ADD US TELEPHONE NUMBER] _____ . IF PRESENTATION IS MADE BY FACSIMILE, PROMPT PHONE NOTIFICATION MUST BE GIVEN TO ____ AS PRESENTATION BY FACSIMILE SHALL NOT BE COMPLETE UNTIL CONFIRMED BY TELEPHONE CALL TO THE NUMBER PROVIDED HEREIN.
WE WILL NOTIFY YOU OF ANY UPDATES TO EITHER OF THE TWO PRECEDING TELEPHONE NUMBERS. THE FACSIMILE PRESENTATION SHALL BE DEEMED THE ORIGINAL PRESENTATION. IN THE EVENT OF A FULL OR FINAL DRAWING, THE ORIGINAL STANDY
LETTER OF CREDIT MUST BE RETURNED TO THE ISSUER BY OVERNIGHT COURIER AT THE TIME OF FACSMILE PRESENTATION.
THIS LETTER OF CREDIT IS SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES 1998, INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 590 ("ISP98"). AS TO MATTERS NOT GOVERNED BY ISP98, THIS LETTER OF CREDIT SHALL BE GOVERNED BY
AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE ST A TE OF NEW YORK,
WITHOUT REFERENCE TO THE CONFLICT OF LAW PROVISIONS THEREOF THAT WOULD DIRECT THE APPLICATION OF THE LAWS OF ANOTHER JURISDICTION.
SINCERELY,
AUTHORIZED SIGNATURE
(INSERT TYPED NAME AND TITLE)
(Please note - The Bank is to provide documentation supporting signatory's authority to issue the Letter of Credit in the specified amount at the time the Letter of Credit is issued.)
TO BE COMPLETED UPON ACCEPTANCE AND ISSUANCE OF FINAL LETTER OF CREDIT
PLEASE DIRECT ANY CORRESPONDENCE INCLUDING ORA WING OR INQUIRY QUOTING OUR LETTER OF CREDIT NUMBER TO: ________ , ATTENTION: ____ _ 36 DocuSign Envelope ID: 8877049D-BD17-4636-A482-7402F048DFD3
ATTACHMENT A
Drawing Certificate
TO -------
IRREVOCABLE NON-TRANSFERABLE STANDBY LETTER OF CREDIT
No. -----------
DRAWING CERTIFICATE
Subject: Irrevocable Non-transferable Standby Letter of Credit Reference Number: ------------
The undersigned_______________________ an authorized
representative of ______ (the "Beneficiary"), hereby ce1iifies to ~------~ (the "Bank"), and _________ (the "Applicant"), with reference to Irrevocable Nontransferable Standby Letter of Credit No. ( ), dated , (the "Letter of Credit"), issued by the Bank in favor of the Beneficiary, as follows as of the date hereof:
1. The Beneficiary is entitled to draw under the Letter of Credit an amount equal to $ _______________ , for the following reason( s) [ check applicable provision]:
[ ]A. An Event of Default, as defined in that certain Renewable Energy Purchase and Sale Agreement between Applicant and Beneficiary, dated as of [Date of Execution] (the "Agreement"), with respect to the Applicant has occurred.
[ ]B. The Letter of Credit will expire in fewer than ten (10) Business Days (as defined in the Agreement) from the date hereof, and Applicant has not provided Beneficiary alternative Performance Assurance (as defined in the Agreement) acceptable to Beneficiary.
[ ]C. The Bank has heretofore provided written notice to the Beneficiary of the Bank's intent not to renew the Letter of Credit following the present Expiration Date thereof ("Notice of Non-renewal"), and Applicant has failed to provide the Beneficiary with a replacement letter of credit satisfactory to Beneficiary in its sole discretion within thirty (30) days following the date of the Notice of Non-renewal. [ ]D. Other basis expressly authorized in the Agreement.
2. Based upon the foregoing, the Beneficiary hereby makes demand under the Letter of Credit for payment of U.S. DOLLARS AND 00ths (U.S.$ _____ ~, which amount does not exceed (i) the amount set f01ih in paragraph 1 above.
37 DocuSign Envelope ID: 8877049D-BO17-4636-A482-7 402F048DFD3
3. Funds paid pursuant to the provisions of the Letter of Credit shall be wire transferred to the Beneficiary in accordance with the following instructions: [INSERT] Unless otherwise provided herein, capitalized terms which are used and not defined herein shall have the meaning given each such term in the Letter of Credit.
IN WITNESS WHEREOF, this Certificate has been duly executed and delivered on behalf of the Beneficiary by its authorized representative as of this __ day of , 20 __ Beneficiary:
By: _________________ _
Name: ----------------------- Title: ____________________ _ 38 DocuSign Envelope ID: 8877049D-BD17-4636-A482-7402F048DFD3
APPENDIX E
INSURANCE
(a) General Liability. Seller shall maintain, or cause to be maintained at its sole expense, commercial general liability insurance, including products and completed operations and personal injury insurance, in a minimum amount of One Million Dollars ($1,000,000) per occurrence, and an annual aggregate of not less than Two Million Dollars ($2,000,000), endorsed to provide contractual liability in said amount, specifically covering Seller's obligations under this Agreement and naming Buyer as an additional insured. Defense costs shall be provided as an additional benefit and not included within the limits of liability. Such insurance shall contain standard cross-liability and severability of interest provisions. (b) Employer's Liability Insurance. Seller shall maintain Employers' Liability insurance not less than One Million Dollars ($1,000,000.00) for injury or death occurring as a result of each accident. With regard to bodily injury by disease, the One Million Dollar ($1,000,000) policy limit will apply to each employee.
(c) Workers Compensation Insurance. Seller, if it has employees, shall also maintain at all times during the Term of the Agreement workers' compensation and employers' liability insurance coverage in accordance with applicable requirements of Applicable Law. 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) Business Auto Insurance. Seller shall maintain at all times during the Term of the Agreement business auto insurance for bodily injury and property damage with limits of One Million Dollars ($1,000,000) per occurrence. Such insurance shall cover liability arising out of Seller's use of all owned (if any), non-owned and hired vehicles, including trailers or semi-trailers in the performance of the Agreement.
(e) Umbrella/Excess Insurance. Seller shall maintain an insurance policy with a minimum limit of liability of Five Million Dollars ($5,000,000) per occurrence. The policy shall include the following as underlying lines of coverage: General Liability, Auto Liability, and Employers Liability.
(f) Subcontractor Insurance. Seller shall require all of its subcontractors to carry: (i) comprehensive general liability insurance with a combined single limit of coverage not less than One Million Dollars ($1,000,000); (ii) workers' compensation insurance and employers' liability coverage in accordance with applicable requirements of Applicable Law; and (iii) business auto insurance for bodily injury and property damage with limits of one million dollars ($1,000,000) per occurrence. All subcontractors shall name Seller as an additional insured to insurance carried pursuant to clauses (f)(i) and (f)(iii). All subcontractors shall provide a primary endorsement and a waiver of subrogation to Seller for the required coverage pursuant to this paragraph (f). (g) Evidence of Insurance. Within ten (10) days after execution of the Agreement and upon annual renewal thereafter, Seller shall deliver to Buyer certificates of insurance evidencing such coverage. These certificates shall specify that Buyer shall be given at least thirty (30) days prior written notice by Seller in the event of any material modification, cancellation or termination of coverage. Such insurance shall be primary coverage without right of contribution from any insurance of Buyer. Any other insurance maintained by Seller is for the exclusive benefit of Seller and shall not in any manner inure to the benefit of Buyer. Seller shall 39 DocuSign Envelope ID: 8877049D-BD17-4636-A482-7402F048DFD3 also comply with all insurance requirements by any renewable energy or other incentive program administrator or any other applicable authority.
(h) Any insurance required in Paragraphs (a) to (d) is subject to a deductible or self-insured retention not to exceed $50,000 per occurrence, except if approved in writing by Buyer.
Should Seller elect, Buyer's prior approval, to carry/utilize a self-insured retention on this line of coverage, then as respects the additional insureds set forth in this Agreement, such self-insurance shall operate in such a manner that such additional insureds shall have the same rights, and the self-insurance program shall have the same obligations to such additional insureds, as such additional insureds would have had should the Seller have met this requirement by securing and maintaining primary commercial insurance, written on a first-dollar basis, on a coverage form at least equal to the most current standard ISO coverage form (as of the date of execution of this Agreement).
(i) Failure to Comply with Insurance Requirements. If Seller fails to comply with any of the provisions of this Appendix E, Seller, among other things and without restricting Buyer's remedies under Applicable Law or otherwise, shall, at its own cost and expense, act as an insurer and provide insurance in accordance with the terms and conditions above. With respect to the required general liability, umbrella liability and commercial automobile liability insurance, Seller shall provide a current, full and complete defense to Buyer, its subsidiaries and affiliates, and their respective officers, directors, shareholders, agents, employees, assigns, and successors in interest, in response to a third-party claim in the same manner that an insurer would have, had the insurance been maintained in accordance with the terms and conditions set forth above. In addition, alleged violations of the provisions of this Appendix E means that Seller has the initial burden of proof regarding any legal justification for refusing or withholding coverage and Seller shall face the same liability and damages as an insurer for wrongfully refusing or withholding coverage in accordance with the laws of California.
40 DocuSign Envelope ID: 8877049D-BD17-4636-A482-7402F048DFD3
APPENDIX F
NOTICE INFORMATION
Seller: Westlands Grape, LLC., a Buyer: City of Santa Clara dba Silicon Valley Delaware limited liability company Power
All Notices: All Notices:
881 Martin Ave.
4700 Wilshire Boulevard Santa Clara, CA 95050
Los Angeles, California 90010 Attn : Electric Risk Management/ Moises Attn : Renewable Energy Operations/ Alex Melgoza
Lampros Phone: (408) 615-6656
Phone: (323)-946-6522 Email: [email protected]
Email: [email protected] and Email: [email protected] [email protected]
With a copy to: With a copy to:
Attn: General Counsel Attn: Senior Electric Division Manager - Phone: 323-860-4900 Resources and Planning /Bill Her
E-mail: [email protected] Phone: (408) 615-6676 Email: [email protected]
Attn: Jennifer Gandin
Phone: 323-860-4932 Attn: Assistant City Attorney/ Daniel Ballin E-mail: [email protected] Phone: (408) 615-6621
Attn : Matt Kapinos Email: [email protected]
Phone: 713-250-4932
E-mail: [email protected]
Invoices: Invoices:
Renewable Energy Operations/ Alex Principal Power Analyst - Settlements Lampros Attn : Phillip Doan
Attn: Renewable Energy Operations/ Alex Phone: (408) 615-6645 Lampros Email: [email protected]
Phone: (323)-946-6522
Email: [email protected] and
[email protected]
Scheduling: Scheduling:
Boston Energy Trading and Marketing Silicon Valley Power Scheduling Attn : BETM Scheduling Attn: SVP Scheduling
Phone: 617-912-5909 Phone: (408) 615-6696
Email: [email protected] Email: [email protected] Email: sv1212reschedul [email protected]
Wire Transfer: Wire Transfer:
BNK: JPMorgan Chase Bank, NA BNK: JP Morgan Chase Bank, ABA: 021000021 JP Morgan New York, NY 10004
ACCT: 551772521 ABA: 021000021
41 DocuSign Envelope ID: 8877049D-BO17-4636-A482-7 402F048DFD3 SWIFT: CHASUS33
ACCT: 696721312
ACH Transfer: ACH Transfer:
Routing Number: 322271627 BNK: JP Morgan Chase Bank,
Account Number: 582125756 JP Morgan New York, NY 10004
Account Name: Westlands Grape, LLC, ABA: 322271627
CimGroup, LLC,AAF ACCT: 696721312
Credit and Collections: Credit and Collections:
Attn: General Counsel Attn: Electric Utility Risk Control Analyst/ Moises Melgoza
E-mail: [email protected] Phone: (408) 615-6656 Email: [email protected]
With additional Notices of an Event of Defaults:
Default to:
Attn: Power Contract Specialist/ Diana Shiles
Attn: General Counsel Email: [email protected]
Phone: 323-860-4900 Email: [email protected] E-mail: [email protected] Phone: (408) 615-6672 With a copy to: With a copy to:
Attn: Assistant City Attorney/ Daniel Ballin
Attn: Jennifer Gandin Phone: (408) 615-6621
Phone: 323-860-4932 Email: [email protected]
E-mail: [email protected]
Attn: Matt Kapinos
Phone: 713-250-4932
E-mail: [email protected]
42 City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-642 Agenda Date: 6/25/2024
REPORT TO COUNCIL
SUBJECT
Action on a Council Written Request (Council Policy 030) Submitted by Mayor Gillmor and Councilmember Watanabe Requesting to Place on the Agenda at a Future Council Meeting the Santa Clara County Civil Grand Jury Report Titled “Irreconcilable Differences: Santa Clara City Council” for a Public Discussion, the Findings, and possible Council Action
BOARD PILLARS
Enhance Community Engagement and Transparency
BACKGROUND
Council Policy 030 - Adding an Item on the Agenda (Attachment 1) sets forth the procedure for written petitions. After consultation with the City Manager (and/or City Attorney, as appropriate), the Mayor or any individual Councilmember may submit a written request by using the Council Item Request Form to the City Manager’s Office for inclusion of an item on a future City Council agenda.
An item may be referred to the City Manager for inclusion on a City Council agenda during a Council meeting by City Council action.
The procedure for written request from the City Council shall be as follows:
1. Members of the City Council shall use the Council Item Request Form to submit a written request for inclusion of an item on a future City Council agenda.
2. Prior to submitting a Council Item Request from, the Member shall discuss the proposed request with the City Manager (And/or City Attorney, as appropriate) to determine if City staff’s response does not satisfy the Member’s request, the Member shall submit the Council Item Request form for placement on a future City Council agenda.
3. Once the City Clerk’s Office receives the Council Item Request form, it should immediately be forwarded to the City Manager for placement on an agenda, if possible, within two (2) Council meetings after receipt of the original request by the City Clerk’s Office. All written material (Council Item Request Form and any support material) will be submitted on the agenda in the form substantially provided by the requestor without any staff analysis, including fiscal review, legal review and policy review, until the City Council has had the opportunity to provide the direction to the City Manager.
The procedure for handling requests at the City Council meeting shall be as follows:
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24-642 Agenda Date: 6/25/2024
1. At the meeting where the request to add an item to a future agenda is heard, Council discussion is limited to whether the item should be added to an agenda and a date, not the merit of the item. Valid considerations that can be discussed include whether the matter is within the City’s jurisdiction, being addressed in some other way, City resource requirements, legality, timing, and prioritization.
2. Council may take the following actions when a request is made:
a. No Action.
b. Refer the request to City staff for further study and a timely report back to Council. c. Refer the item to a future annual Council Priority Setting session meeting. d. Placement on a future Council meeting agenda for further consideration or action.
3. At the meeting where the item is first considered, if a majority of the City Council supports further study of the item, then a full staff analysis shall be prepared within thirty (30) days, unless otherwise directed by the City Council. If the request requires more than thirty (30) calendar days to prepare, status updates will be provided to the City Council every sixty (60) days as an informational memo.
DISCUSSION
The City Clerk’s Office received a Council Written Request on June 18, 2024 from Mayor Gillmor and Councilmember Watanabe requesting to place an agenda item at a future council meeting regarding the Santa Clara County Civil Grand Jury Report Titled “Irreconcilable Differences: Santa Clara City Council” for a Public Discussion, the Findings, and possible Council Action. (Attachment 2). The request is for an item to be added to the July 9th City Council agenda “for a public discussion on the Grand Jury report, the findings, and possible council actions.” The Grand Jury report itself is attached to this report as Attachment 3.
Per Council Policy 030, Council discussion at the June 25th Council meeting is limited to whether the item should be added to a future agenda and a date, not the merit of the item. Valid considerations that can be discussed include whether the matter is within the City’s jurisdiction, being addressed in some other way, City resource requirements, legality, timing and prioritization.
FISCAL IMPACT
There is no fiscal impact other than administrative staff time.
COORDINATION
This report was coordinated with the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
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24-642 Agenda Date: 6/25/2024
RECOMMENDATION
Staff makes no recommendation.
Prepared by: Nora Pimentel, Assistant City Clerk
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Policy and Procedure 030-Adding an item on the Agenda
2. Council Written Request submitted by Mayor Gillmor and Councilmember Watanabe dated June 18, 2024
3. Grand Jury Report “Irreconcilable Differences: Santa Clara City Council” City of Santa Clara Page 3 of 3 Printed on 6/21/2024
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Revised 10/24/2023 CP 030
Resolution No. 23-9278