This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.
2. TERM OF AGREEMENT
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the Effective Date and terminate on June 30, 2028.
3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Contractor shall perform those Services specified in Exhibit A within the time stated in Exhibit A. Time is of the essence.
A. City recognizes that Contractor's performance must be governed by sound professional practices in a manner consistent with the Standard of Care.
B. All reports, costs estimates, plans and other documentation which may be submitted or furnished by Contractor shall be approved and signed by an appropriate qualified licensed professional in the State of California.
C. The title sheet for specifications and reports, and each sheet of plans, shall bear the professional seal, certificate number, registration classification, expiration date of certificate and signature of the design professional responsible for their preparation.
4. OBLIGATIONS
Contractor expressly agrees that all services covered by this Agreement shall be fit for the purpose intended, shall be free from defect and shall conform to the specifications, requirements and instructions upon which this Agreement is based in a manner consistent with the Standard of Care. Contractor agrees to promptly replace or correct any incomplete, inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Contractor. If Contractor fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Contractor for the reasonable cost incurred by City.
5. QUALIFICATIONS OF CONTRACTOR - STANDARD OF CARE
Contractor represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Design Professional Agreement with West Yost
Rev. 07-01-18
Contractor's representations regarding its skills and knowledge. Contractor shall perform such Services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline currently practicing under similar circumstances at the same time and in the same or similar locality ("Standard of Care").
6. COMPENSATION AND PAYMENT
In consideration for Contractor's complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled "SCHEDULE OF FEES." The maximum compensation of this Agreement is set forth in Section 1 of Exhibit B, subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Contractor's expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.
7. TERMINATION
A. Termination for Convenience. City shall have the right to terminate this Agreement, without cause or penalty, by giving not less than Thirty (30) days' prior written notice to Contractor.
B. Termination for Default. If Contractor fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice to Contractor.
C. Upon termination, each Party shall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Contractor will deliver to City all City information or material that Contractor has in its possession.
8. ASSIGNMENT AND SUBCONTRACTING
City and Contractor bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Contractor shall not hire subcontractors without express written permission from City.
Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it.
Design Professional Agreement with West Yost
Rev. 07-01-18
9. NO THIRD PARTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.
10. INDEPENDENT CONTRACTOR
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Contractor has full rights to manage its employees in their performance of Services under this Agreement.
11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor or becomes generally known to the related industry shall be deemed confidential.
12. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement, excluding any standard designs, details, specifications and other intellectual property to which Contractor held the copyright prior to performing services under this Agreement, shall be the property of City but Contractor may retain and use copies thereof upon payment of all invoices due and owing to Contractor. City shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.
13. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement, including termination of Contractor. Contractor agrees to maintain Design Professional Agreement with West Yost
Rev. 07-01-18
sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Contractor shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.
Contractor shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Contractor agrees to assist City in meeting City's reporting requirements to the State and other agencies with respect to Contractor's Services hereunder.
14. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Contractor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney's fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, to the extent arising out of, pertaining to, or related to the negligence, recklessness, or willful misconduct of the Contractor, its employees, subcontractors, or agents in the performance, or non-performance, of Services under this Agreement.
The Parties also acknowledge that this Agreement is subject to California Civil Code 2782.8 as amended and effective January 1, 2018.
B. Contractor's obligation to protect, indemnify, and hold harmless in full City and City's employees, shall specifically extend to any and all employment related claims of any type brought by employees, contractors, subcontractors or other agents of Contractor, against City (either alone, or jointly with Contractor), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.
C. To the extent Contractor is obligated to provide health insurance coverage to its employees pursuant to the Affordable Care Act ("Act") and/or any other similar federal or state law, Contractor agrees and confirms that it is meeting its obligations under the Act and will fully indemnify and hold harmless City for any penalties, fines, adverse rulings, or tax payments associated with Contractor's responsibilities under the Act.
15. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Contractor shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.
Design Professional Agreement with West Yost
Rev. 07-01-18
16. WAIVER
Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City's review, acceptance nor payments for any of the Services required under this Agreement shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.
17. NOTICES
All notices to the Parties shall, unless otherw ise requested in writing, be sent to City addressed as follows:
City of Santa Clara
Attention: Water & Sewer Utilities Department
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at smehta@santaclaraca .gov and
[email protected]
And to Contractor addressed as follows:
West Yost & Associates, Inc.
Attention: Elizabeth Drayer
2020 Research Park Drive, Suite 100
Davis, CA 95618
and by e-mail at [email protected]
The workday the e-ma il was sent shall control the date notice was deemed given.
Ari e-mail transmitted after 1 :00 p.m . on a Friday shall be deemed to have been transmitted on the following business day.
18. COMPLIANCE WITH LAWS
Contractor shall comply with all applicable laws and regulations of the federal, state and local government , including but not limited to "The Code of the City of Santa Clara, California" ("SCCC ") in a manner consistent with the Standard of Care. In particular, Contractor's attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter
2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Contractor has read and agrees to comply with City 's Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299).
Design Professional Agreement with West Yost
Rev. 07-01-18
19. CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge,. no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 and following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.
20. FAIR EMPLOYMENT
Contractor shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
21. NO USE OF CITY NAME OR EMBLEM
Contractor shall not use City's name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.
22. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.
23. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.
24. AMENDMENTS
A. Change Orders. Any changes to this Agreement that relate to (i) the deletion of Services, (ii) adding additional Services, or (iii) changing or modifying Services, not to exceed the maximum compensation of this Agreement, shall be made by a written change order authorized by the Director of Water & Sewer Utilities.
Design Professional Agreement with West Yost
Rev. 07-01-18
B. Amendments. Any changes to this Agreement that relate to (i) an increase in the maximum compensation of this Agreement, or (ii) the term of this Agreement, or (iii) any other terms or conditions of the Agreement not covered by the Change Order provisions set forth above, may only be made by a written amendment duly authorized and executed by the Parties to this Agreement.
25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORN IA
a chartered California municipal corporation
~ UJk-~ GLEN R. GOOGINS
Dated: __ q ~l ~-u---<-{ _fl> ___ _
~ . d] __.)
~.,rJ&iiERO~ p City Attorney
"CITY"
V • ~ity anager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
WEST YOST & ASSOC IATES , INC.
a California corporation
Dated: _ 8/_2_5/~20 ..... 2_3_~~~-·- ---------
By (Signature): ~I.~
Name: =G:,¾91:re:::=u=· n:::::======================
Title: Vice President --------- ---------Pr inc i pa I Place of 2020 Research Park Drive, Suite 100 Business Address: Davis, CA 95618 --~------ - --------
Email Address : [email protected]
Telephone : (530) 756-5905
Fax: (530) 756-5991
"CONTRACTOR "
Design Professional Agre ement with West Yost
Rev. 07-01-18
1. INTRODUCTION
EXHIBIT A
SCOPE OF SERVICES
1.1. This Scope of Services outlines the services to be performed by Consultant to deliver an updated Water Supply Master Plan (WSMP). The WSMP will encompass recommended policies, practices, long-term implementation strategies, and capital improvement plans as described in this Exhibit A.
1.2. The WSMP's planning horizon will extend until 2040, aligning closely with the Urban Water Management Plan (UWMP) and the City's General Plan 2010-2035. This planning horizon encompasses the long-term goals for the future and guides daily decision-making. It includes all current and future developments for commercial, industrial, and residential units, as well as any Regional Housing Needs Allocation (RHNA) requirements.
1.3. To deliver the updated WSMP, Consultant shall be responsible for, including but not limited to, the following services:
1.3.1. Conducting a comprehensive review of the following documents:
1.3.1.1. Santa Clara 2002 Water Master Plan and its associated reports, maps, and documentation.
1.3.1.2. South Bay Water Recycling (SBWR) Master Plan.
1.3.1.3. Valley Water documents.
1.3.1.4. Bay Area Water Supply & Conservation Agency (BAWSCA) documents.
1.3.1.5. San Francisco Public Utilities Commission (SFPUC) documents;
1.3.2. coordinating with relevant stakeholders;
1.3.3. forecasting future potable and recycled water demands;
1.3.4. identifying future recycled water uses and demands to supplant the use of potable water;
1.3.5. identifying indirect and direct recycled water reuse opportunities including Capital Improvement Program (CIP) program to extend recycled water lines;
1.3.6. identifying urban water runoff that includes dry weather and stormwater runoff capture and treatment opportunities;
1.3. 7. identifying potential potable and recycled water supply sources; Agreement with West Yost/Exhibit A-Scope of Services
Rev. 07-01-18
1.3.8. identifying impacts from climate change, future droughts, the proposed Bay Delta Plan, and potential regional water supply losses;
1.3.9. recommending drought and climate resiliency policy proposals;
1.3.10. identifying conservation policies and initiatives that balance demand and supply including policies that will move the City towards eliminating or neutralizing impacts of building development on the City's overall water demand (i.e., water neutrality, green building codes, State requirements, etc.);
1.3.11. identifying impacts and solutions related to the City's non-permanent status with SFPUC;
1.3.12. evaluating the current state of the potable and recycled water distribution system with respect to current water demands, future water demands, system capacity, system condition, and regulatory requirements;
1.3.13. utilizing the existing updated hydraulic model to perform analysis;
1.3.14. evaluating probable future storage requirements based on projected development and anticipated regulatory changes;
1.3.15. evaluating probable future condition and serviceability of the system due to system aging;
1.3.16. developing a Cl P long-term implementation strategy;
1.3.17. identifying needed capital improvements projects and system rehabilitation measures as necessary to provide a (CIP), and analyzing the City's user fee and system development fee schedules to make recommendations and to calculate updated fee schedules;
1.3.18. developing an Asset Management Charter which will help guide the strategic framework to provide for a healthy environment and sustainable infrastructure;
1.3.19. developing an Asset Management Program for linear (horizontal) and nonlinear (vertical) assets that will include potable water with options for recycled water, sanitary sewer system and storm pump stations to address the City's ongoing need to continuously improve its operational procedures and practices, as well as address the infrastructure management level of service requirements for short and long-term planning horizons;
1.3.20. developing an Asset Hierarchy and assess asset risks applying Business Risk Exposure (BRE) methodology, including developing risk mapping using failure prediction technologies;
1.3.21. aligning the City's water supply practices with State of California statutes associated with "Making Conservation a California Way of Life" and related Agreement with West Yost/Exhibit A-Scope of Services
Rev. 07-01-18
California Water Action Plan and proposed water conservation efficiency standards and regulations;
1.3.22. considering One Water Plan community-based water management approach that recognizes all urban water supplies as resources that includes, groundwater, treated water, wastewater, urban water runoff (dry weather and stormwater runoff), recycled water (treated wastewater);
1.3.23. working with the legislative advocacy consultant to provide technical data that supports important initiatives;
1.3.24. incorporating recent well study reports;
1.3.25. reviewing recently approved green building codes/ordinance; and
1.3.26. reviewing the City's current sustainable practices related to water supply self-sufficiency, water conservation and efficiency standard goals, and best management practices/standards.
2. DOCUMENTS
To the extent not inconsistent with this Agreement, the City's SOQ# 22-23-62 (including subsequent updates) and Contractor's proposal response dated February 17, 2023, are hereby incorporated by reference herein and shall supplement this Scope of Services and be subject to the terms and conditions of the Agreement. In the event of a conflict between the Agreement (including its Exhibits and the SQQ or Contractor's proposal), the Agreement and this Exhibit shall govern.
3. KEY PERSONNEL
3.1. The following individuals are designated as Key Personnel as of the Effective Date of this Agreement.
Name Title/Role
Greq Chung, PE Principal-in-Charge
Elizabeth Drayer, PE Project Manager
Polly Boissevain, PE QA/QC Reviewer (Water Master Plan) Patrick Johnston, PE QA/QC Reviewer (Modeling Review)
Whitney Jones, PE Project Engineer (Water Master Plan)
Ken Loy, PG, CEG, CHG Project Engineer (Groundwater Assessment) Amy Kwong, PE Project Engineer (Water Supply Assessment) Michael Zacharia, PE Asset Management
Jiban Das
Anne Girtz, PE
Jeff Cooley ( Subconsuftant)
Tom West, PE One Water
Amy Kwong, PE
Rhodora Biagtan, PE
Agreement with West YosUExhibit A-Scope of Services
Rev. 07-01-18
Name Title/Role
Bartle Wells (subconsultant) Development Fee
Alex Handlers, CIPMA
Erik Helqeson
3.2. Any replacement of Key Personnel whether requested by the City or Consultant is subject to the City's final approval.
4. PHASE I- PROJECT MANAGEMENT AND DATA COLLECTION
4.1. Project Management (Task 1)
4.1.1. Project Administration. Consultant shall provide a Project Administration Plan to direct, coordinate, and monitor the activities of the project with respect to budget, schedule, and contractual obligations.
4.1.2. Coordination Meetings. Consultant shall conduct online biweekly progress conference meetings to review project progress, issues to be resolved, early study results, etc. Since Master Plan studies tend to develop and evolve throughout the project, Consultant shall ensure that both the City and Consultant remain "on the same page" regarding study's direction, objectives, and deliverables.
4.1.3. QA/QC Review. This task covers efforts associated with the internal quality control and technical review process. Specifically, Consultant shall conduct internal QA/QC discussions and follow-up with technical experts as necessary during the course of the project. Internal checking or peer review of all deliverables shall also be performed.
4.1.4. Task 1 Deliverables
4.1.4.1. Project Administration Plan including project team and tentative schedule
4.1.4.2. Bi-Weekly Coordination Meetings
4.1.4.3. Meeting/Call Agendas and Notes
4.1.4.4. Monthly Invoices and Status Reports
4.2. Data Collection (Task 2)
4.2.1. Kickoff Meeting and Project Overview. Consultant shall initiate the project with a kickoff meeting on-site. Consultant shall prepare an agenda for the kickoff meeting, collect data, and discuss the schedule of the project.
4.2.2. Interviews. Consultant shall conduct two two-hour online interviews (one for the City's potable water system and one for the recycled water system) with City personnel familiar with the water distribution systems to collect Agreement with West YosUExhibit A-Scope of Services
Rev. 07-01-18
information on the operation and maintenance of the systems and known deficiencies, if any . Site visits, assumed to be completed in one day, shall be made to specific facilities, if necessary.
4.2.3. Potable and Non-Potable (Recycled) Water Distribution Systems Information and Data. Consultant shall submit a list of information (e.g., demand projections, existing hydraulic models, etc.) requested from and to be provided by the City. Consultant and City shall discuss requested data which the City is unable to provide. Consultant shall provide data alternative suggestions to address any data deficiencies, if necessary .
4.2.4. Specific Documents. Consultant may be required to conduct a review of specific documents, including but not limited to:
4.2.4.1. City of Santa Clara 2010-2035 General Plan
(https://www .santaclaraca .gov/our -city/departments -a f/community -development/planning-division/general -plan)
4.2.4.2. City of Santa Clara 2002 Water Master Plan (a copy of which has been provided to Consultant)
4.2.4.3 . 2020 Urban Water Management Plan, June 2021
(https://www.santaclaraca.gov/our -city/departments -g-z/water sewer -utilities/water -utility/urban -water-manageme nt-plan)
4.2.4.4. South Bay Water Recycling (SBWR) Strategic and Master Planning Volume 1 Report and SBWR Strategic and Master
Planning Volume 2 Appendices, December 2014
(https ://www. v a lleywater . o rg/ accord ion/related -reports)
4.2.4.5. Various specific development plans proposed by the City (provided by City as required)
4.2.5. Task 2 Deliverables
4.2.5.1. Kickoff Meeting Agenda and Notes
4.2.5.2. Water Supply Master Plan Report Outline
4.2.5.3. Introduction Chapter
4.2.5.4. Existing Potable Water and Recycled Water System Chapter
5. PHASE II -SYSTEM EVALUATION
5.1. Refine Water Demand Projection (Task 3)
5.1.1. Future Demand Forecast. Consultant shall forecast future water demands for the City service areas based on future land use planning . Consultant will be responsible for coordinating with the City's Planning Department as needed to analyze the anticipated growth documented in the City's General Agreement with West Yost/Exhibit A-Scope of Services
Rev. 07-01-18
Plan, the SBWR Master Plan, and other relevant City documents to create associated future demand projections. City will provide the past five years of production and metered consumption data for the potable and non-potable water systems. Consultant will review and update unit water demand factors and maximum day and peak hour demand factors on a system-wide basis.
Future demand forecast will be submitted in five-year increments for the entire planning horizon of the Master Plan for each service area by use type (residential, commercial, industrial, commercial, etc.) and water type (potable vs. non-potable). Approximate spatial location of new water demands (both near-term and long-term) will be determined for allocation into the hydraulic model.
Water demand projections must consider increased water usage from all new developments and specific plans that the City is planning on serving as well as changes to existing water usage due to redevelopment or other projected changes into the existing service areas.
5.1.2. Task 3 Deliverables
5.1.2.1. Potable and Recycled Water Demands Chapter
5.2. Update Water System Evaluation Criteria (Task 4)
5.2.1. Consultant shall produce a chapter with criteria to be used in the evaluation of the potable distribution systems inclusive of reservoirs, wells and other appurtenances and the identification of proposed improvements. The criteria will be based on the latest governing regulatory requirements and general engineering practice and City standards. City will provide Fire Department staff contact information.
5.2.2. Task 4 Deliverables
5.2.2.1. System Planning and Evaluation Criteria Chapter
5.3. Perform Water System Capacity and Performance Evaluations (Task 5)
5.3.1. Evaluate Potable Distribution System Capacities. Consultant shall evaluate service areas in Zone 1, 2, and 2A using the existing hydraulic models to determine their capacities to deliver water under peak demand conditions as well as under fire flow conditions. City will provide a calibrated, working potable water system hydraulic model which accurately represents the City's current water system facilities and operations with an appropriate extended period simulation (EPS) scenario for water age evaluation.
Hydraulic performance evaluations will consist of static simulations for peak hour and maximum day plus fire flow demand conditions and EPS for water age. Capacity and performance evaluations will be performed for three timeframes (existing, near-term and long-term). City will provide water quality data and may need to perform additional water quality sampling.
Agreement with West YosVExhibit A-Scope of Services
Rev. 07-01-18
Consultant shall run and evaluate the following model scenarios:
5.3.1.1.1. current and future peak hour demands (during maximum day);
5.3.1.1.2. current and future average maximum day demand plus fire flow (evaluated at fire flow junctions);
5.3.1.1.3. water age (locations in the model having water age greater than ideal with chlorine deficiencies
impacting water quality and potential for positive
bacteria sample results); and
5.3.1.1.4. storage and supply capacities to ensure they meet operational and regulatory requirements with
identification of any deficiencies discovered in the
existing distribution systems.
5.3.1.1.5. Impacts to pressure, hydraulic flow and demands of current and future development and identify
deficiencies.
5.3.2. Task 5 Deliverables
5.3.2.1. Existing Water System Capacity and Performance Evaluation Chapter
5.3.2.2. Future Water System Capacity and Performance Evaluation Chapter
5.3.2.3. Water Quality/Water Age Evaluations Appendix
6. PHASE Ill - SYSTEM PLANNING
6.1. Evaluate Implementation Strategy Alternatives (Task 6)
6.1.1. Development of Short-Term and Long-Term Implementation Strategy Alternatives. Consultant shall layout an overall preferred short-term and long-term implementation strategy for each of the City's service areas (Zones 1, 2, and 2A) to address future ongoing needs of the potable and non-potable distribution systems. Consultant shall identify and develop strategic planning and operational alternatives. A number of viable alternatives (no fewer than three and no more than five) will be developed for each service area. At a minimum, the alternatives must address the following concerns:
6.1.1.1. define how to best finance, operate, maintain, and rehabilitate the City's assets now and into the future;
6.1.1.2. satisfy regulatory, institutional, and financial commitments and restraints;
Agreement with West Yost/Exhibit A-Scope of Services
Rev. 07-01-18
6.1.1.3. consider the future condition, capacities, and serviceability of the potable and non-potable distribution systems;
6.1.1.4. optimize available and/or potential water sources to meet the future demand forecasts, based on expected contract
availability, cost of each water source, operational flexibility, customer preferences, energy needs, infrastructure needs and their associated costs, and environmental impact; and
6.1.1.5. account for future flexibility in the recommendations to allow the City to modify or change course depending on actual future conditions, which may vary from the currently forecasted future conditions.
6.1.2. Screening and Evaluation of Short-Term and Long-Term Implementation Strategy Alternatives. The alternatives developed in Section 5.1.1 will be reviewed and evaluated by the City project team to narrow down the list of possible alternatives. Consultant shall compile the feedback to further define the most preferred options and perform a cost benefit analysis. As part of this effort, Consultant shall provide recommendations for the following:
6.1.2.1. Groundwater treated water supplies and water transmission main alignments. Based on the results of the evaluation, Consultant shall identify regions north of Highway 101 and other parts of the City where the City should install additional groundwater wells to increase supplemental and emergency potable water supply based on available information regarding water quality in the groundwater basin, hydrogeologic flow conditions, construction costs, availability of land
dedications/easements, and cost to obtain required land dedications/easements. Evaluate the need to enhance Valley Water turn out to take more treated water, install water transmission mains to transfer imported water to align with areas of development within the City.
6.1.2.2. Recycled water supplies. Based on the results of the evaluation and review of the City's recycled water distribution system, Consultant shall recommend specific recycled
reservoirs and water main alignments to be extended in the City's service areas to increase non-potable water usage and offset potable water usage based on forecasted demand,
projected development, and anticipated construction costs.
6.1.3. Workshops. Three meetings/workshops will be held with City staff to (1) brainstorm potential strategic planning and operational alternatives; (2) discuss screening of potential alternatives; and (3) define preferred short term and long-term alternatives.
Agreement with West Yost/Exhibit A-Scope of Services
Rev. 07-01-18
6.1.4. Task 6 Deliverables
6.1.4.1. Short-Term and Long-Term Implementation Strategy Alternatives Chapter, including justification for the recommended programs, policies, and projects, which are included as part of the preferred long-term implementation strategy.
6.2. Develop Capital Improvement Plan (Task 7)
6.2.1. Identification of Recommended Water Distribution System Projects.
Consultant shall evaluate and recommend water distribution system projects for Zone 1, 2, and 2A service areas based on the results of the Water System Capacity and Performance Evaluations (Section 4.3) and Short-Term and Long-Term Implementation Strategy Alternatives (Section
5.1) for the Capital Improvement Plan (CIP). Recommended water distribution system projects should accommodate projected development, anticipated regulatory changes, potential changes in water distribution system operations, potential changes in water sources, fire flow requirements, and the City's latest future development planning. Consultant must identify the primary justification (e.g., existing system replacements/rehabilitation, distribution system improvements, distribution system expansion) for each project to be accomplished.
6.2.2. Preparation of Cost Estimates for Water Distribution System Projects.
Consultant shall provide planning level cost estimates for each project consistent with the Association for the Advancement of Cost Engineering (AACE) International Class 5 cost estimates. City shall provide and Consultant shall review recent bid tabs from construction projects in the City as a source of construction cost data in addition to bid information obtained independently by Consultant.
6.2.3. Development of Capital Improvement Plan. Consultant shall develop a S and 10-year Cl P for Zone 1, 2, and 2A service areas. The Cl P shall group the projects by anticipated year for construction and include a summary of the estimated annual costs. The recommended projects will be prioritized in order of importance and suggested dates for construction will be assigned.
A short-term plan will be developed to address immediate needs - particularly those fire flow and water service issues. Colored maps will be required to depict the proposed water distribution projects.
6.2.4. Task 7 Deliverables
6.2.4.1. CIP Chapter
6.2.4.2. Cost Estimating Appendix
6.3. Develop Asset Management Plan (Task 8)
6.3.1. Consultant shall develop an Asset Management Plan to document the current state of the linear (horizontal) and non-linear (vertical) assets for the City's Water Utility (potable water) including options for Recycled Water, Agreement with West Yost/Exhibit A-Scope of Services
Rev. 07-01-18
Sanitary Sewer and Storm Pump Stations. The Asset Management Plan is a long-range planning document that provides a rational framework for understanding:
6.3.1.1. assets owned by the City;
6.3.1.2. present and future demands on the infrastructure assets, which are critical for delivering the City's organizational level of service to its customers and community;
6.3.1.3. short-term and long-term financial commitments (both capital and operational);
6.3.1.4. policies, strategies, and programs, which are necessary to meet the long-term provision of services;
6.3.1.5. business risk exposure associated with the potential failure of the assets to meet the expected levels of service;
6.3.1.6. linkages necessary between strategic business objectives and the service that the assets are delivering;
6.3.1. 7. the organizational continuity that will span organizational changes and the transfer of asset management knowledge
between successive generations of utility managers and
operations staff; and
6.3.1.8. Strategic Plan development that includes a vision, mission, goals and objectives.
6.3.2. In addition to water infrastructure asset management, provide options for sanitary sewer, recycled water, and storm pump station infrastructure asset management.
6.3.3. The Asset Management Plan must cover:
6.3.3.1. the current state ( condition and performance) of the assets;
6.3.3.2. the required levels of service;
6.3.3.3. assets critical to sustained performance;
6.3.3.4. operations and capital investment strategies to sustain asset performance
6.3.3.5. physical and functional characteristics of the assets;
6.3.3.6. determination of acceptable standard or level of service (LOS) based on business objectives and customer needs;
Agreement with West YosUExhibit A-Scope of Services
Rev. 07-01-18
6.3.3.7. determination of assets likely failure modes and probable time failure using four basic failure modes: physical mortality, under capacity, level of service, and efficiency; and
6.3.3.8. a 5-year and 10-year Cl P.
6.3.4. The Asset Management Plan must consolidate all the information that is currently available in regard to the City's infrastructure assets and service delivery programs, including but not limited to:
6.3.4.1. the management strategy and the related cost implications for all assets covering the life cycle of the longest-lived assets in the asset portfolio;
6.3.4.2. appropriate maintenance and opportunities for renewal of the assets, with renewal options based on cost effectiveness, extension of asset life, and long-term sustainability; and
6.3.4.3. management of infrastructure assets based on the City's understanding of fiduciary responsibilities, customer
expectations, regulatory compliance issues, and the ability of the assets to meet these performance requirements (i.e., the levels of service required from the assets).
6.3.5. A properly prepared Asset Management Plan should greatly improve the City to meet its goals and objectives in a way that best serves its customers. The Asset Management Plan will develop a 5- and 10-year CIP that will assist with replacement and renewal of the City. The plan should enable the City predict costs and problems that may arise in service delivery and allow time to solve these problems in the most cost-effective manner for both existing and future customers.
6.3.6. City will provide staff resources from management, engineering, operations, finance and IT to participate in asset management workshop. City will provide asset listing from GIS and CMMS with attributes that describe age, size, material, etc. to estimate remaining useful life. City will provide performance data from CMMS ad hoc databases and staff knowledge for horizontal and vertical assets.
6.3.7. Consultant will prepare an asset registry with hierarchy for all facilities which will be used to guide a desktop study of horizontal assets based on remaining useful life, pipe material and performance history. Consultant will conduct walkdowns of vertical assets (facilities) to assess asset condition and meeting with City Operations and Maintenance staff to discuss performance of assets and the impact of that performance on asset condition and required improvements. Invasive analytical testing of assets is not included.
6.3.8. Task 8 Deliverables
6.3.8.1. Online survey of asset management principles
Agreement with West YosUExhibit A-Scope of Services
Rev. 07-01-18
6.3.8.2. Asset Management Workshop
6.3.8.3. Asset Management Chapter describing asset management framework and providing a summary of the water system asset evaluations
6.3.8.4. Appendices for each Water System Asset Evaluation (e.g., Tanks, Pump Stations, Wells, Mains, etc.)
6.3.8.5. Pipeline Rehabilitation and Replacement Results in tabular and GIS file formats
6.3.8.6. Five-year and 10-year plan with cost estimates for planning and implementation
6.4. Prepare Master Plan Report (Task 9)
6.4.1. Master Plan Draft Report. At completion of the evaluation and planning efforts for Zone 1, 2, and 2A service areas, Consultant shall submit two (2) copies of a Master Plan Draft Report to the City for review and comment.
The Master Plan Draft Report shall be a compilation of the draft chapters prepared for each of the tasks described above. At a minimum, the report shall include the following:
6.4.1.1. an executive summary;
6.4.1.2. documentation of methodologies and assumptions;
6.4.1.3. water demand projections for each service area by use type (residential, commercial, industrial, commercial, etc.) and water type (potable vs. non-potable);
6.4.1.4. potential water supply sources for each service area by and water type (potable vs. non- potable);
6.4.1.5. discus.sion of potable distribution system evaluation results for each service area;
6.4.1.6. colored maps identifying:
6.4.1.6.1. potable water distribution system deficiencies and proposed water distribution system projects for each
service area;
6.4.1.6.2. regions where the City should install additional groundwater wells in North of the 101 Freeway and
other service areas;
6.4.1.6.3. specific potable water transmission main alignments to transfer groundwater or imported water
Agreement with West Yost/Exhibit A-Scope of Services
Rev. 07-01-18
6.4.1.6.4. specific recycled water main alignments to be extended in the City service areas;
6.4.1.7. a long-term Implementation Strategy for each service area;
6.4.1.8. Asset Management Plan and GIP for each service area;
6.4.1.9. One Water Concept Development;
6.4.1.10. justification for recommended work to be accomplished; and
6.4.1.11. other supporting documentation.
6.4.2. Master Plan Final Report. Following City review and provision of a consolidated set of comments of the Master Plan Draft Report, Consultant shall incorporate the comments, produce the final report and submit five (5) printed copies to the City. Consultant shall provide digital copies of the final submittal to City in PDF or other City approved format.
6.4.3. Meetings. At the request of the City, Consultant shall attend up to four meetings with City staff and up to three City Council meetings. Consultant will prepare PowerPoint presentations for the City Council meetings.
6.4.4. Task 9 Deliverables
6.4.4.1. Draft Master Plan Report (2 copies)
6.4.4.2. Final Master Plan Report (5 copies)
6.4.4.3. PowerPoint presentations for City Council meetings
6.5. Prepare Water Supply Assessments (Task 10)
6.5.1. Complete Water Supply Assessments. Per California Government Code Section 66473.7, complete necessary water supply assessments for identified developments within the City boundaries. Up to three (3) Water Supply Assessments (WSA) will be prepared. The WSAs will examine water supply and demand only, and will not evaluate the need for on-site or off-site infrastructure improvements.
6.5.2. Task 10 Deliverables
6.5.2.1. For each WSA, a Draft WSA will be prepared for City review and comment, and a Final WSA will be prepared for City Council adoption.
6.6. Evaluate Development Fees (Task 11)
6.6.1. City's Major Water Facility Fees for Water Distribution System.
Consultant shall develop recommendations for System Development Charges based on conclusions of the Future Demand Forecast, Potable Distribution System Evaluation, Long-Term Implementation Strategy, and Agreement with West Yost/Exhibit A-Scope of Services
Rev. 07-01-18
CIP, Consultant shall perform an economic analysis through the planning horizon, taking into consideration the estimated costs and timing of water distribution system projects identified in the CIP, the City's existing available funds, interest earnings/losses, and time-value of money. The City will provide financial data regarding existing development fee fund balances, interest earnings/losses and current procedures/protocols for fee escalation.
6.6.2. Task 11 Deliverables
6.6.2.1. Draft Development Fee Report for City review and comment
6.6.2.2. Final Development Fee Report for City Council Adoption
6.7. Prepare Asset Management for the Sewer Collection System (Task 12)
6. 7.1. Task 8 provides for the development of an Asset Management Plan for the City water system. Under this task, Consultant will create the framework for the Asset Management Plan to include the City's sewer collection system assets.
6.7.2. Consultant will review the City's asset registry of horizontal sewer collection system assets (pipelines, manholes and siphons), currently uploaded in the City's Lucity system, and refine the registry framework to be consistent with the framework to be developed for the City's water system assets in Task 8.
6.7.3. Based on available data and previous reports, Consultant will develop an asset registry for the City's vertical sewer collection system assets (specifically seven (7) pump stations). The City will provide available data for the pump stations.
6.7.4. Consultant will develop criteria for the City's evaluation of risk for the sewer collection system assets, including criteria for Likelihood of Failure (LOF) and Consequence of Failure (COF). The criteria will be specific to the sewer collection system assets but will be developed to parallel the criteria developed for the City's water system assets to ensure that the evaluation of risk for the two systems can be performed using a consistent methodology.
6.7.5. Actual risk evaluation and development of a prioritized plan for rehabilitation and replacement of sewer collection system facilities is not included in this scope of work.
6.7.6. Task 12 Deliverables
6. 7.6.1. Appendices containing asset registry for vertical and horizontal assets for the City's sewer collection system using the framework developed for the City's water system assets
6.7.6.2. Risk evaluation criteria (i.e., criteria for LOF and COF) for sewer collection system assets
Agreement with West Yost/Exhibit A-Scope of Services
Rev. 07-01-18
1. MAXIMUM COMPENSATION
EXHIBIT B
SCHEDULE OF FEES
The total maximum compensation the City will pay Consultant under this Agreement shall not exceed Nine Hundred Forty-Nine Thousand Five Hundred Two Dollars ($949,502) during the term of the Agreement. Any additional fees, costs and expenses requested by the City that would exceed the preceding maximum amount will be addressed in an Amendment to the Agreement.
2. FEES
Consultant shall be paid on a fixed fee basis as set forth in Table B-1 below. Progress payments shall be made to Contractor by City following acceptance of designated task deliverables as described in Exhibit A.
Table B-1: Fee Schedule
Task/Deliverables (See Exhibit A) Total
Task 1: Project Manaqement $112,051
Task 2: Data Collection $48,185
Task 3: Refine Water Demand Projection $40,589
Task 4: Update Water System Evaluation Criteria $12,431 Task 5: Perform Water System Capacity and Performance Evaluations $70,419 Task 6: Evaluate Implementation Strategy Alternatives $121,018 Task 7: Develop Capital Improvement Plan $28,539
Task 8: Develop Asset Manaqement Plan $253,777
Task 9: Prepare Master Plan Report $69,421
Task 10: Prepare Water Supply Assessments $97,926
Task 11: Evaluate Development Fees $45,146
Task 12: Asset Manaqement for City Sewer Collection System $50,000 Total $949,502
Consultant shall not exceed any of the specified amounts for any task without prior written authorization from the City. The City may approve in writing the transfer of amounts between any of the tasks listed above provided the project total is not exceeded.
3. ADDITIONAL SERVICES
In the event that any service is identified during the course of the project that the Parties agree is necessary to complete the Scope of Services but nevertheless is outside the scope of this agreement, City and Contractor shall negotiate a price for such work. Additional services may be negotiated on a lump sum basis in accordance with the rates set forth in Appendix B1.
Additional services include but are not limited to updating the Urban Water Management Plan and the hydraulic models.
Agreement with West Yost/Exhibit B-Schedule of Fees
Rev. 07-01-18
4. INVOICING
City will pay Contractor within thirty (30) days of City's receipt of an approved invoice.
Agreement with West Yost/Exhibit B-Schedule of Fees
Rev. 07-01-18
APPENDIX B1
BILLING RA TE SCHEDULE FOR ADDITIONAL SERVICES
Position
Engineering
PrincipalNice President
Engineer/Scientist/Geologist Manager I / II
Principal Engineer/Scientist/Geologist I / II
Senior Engineer/Scientist/Geologist I / II
Associate Engineer/Scientist/Geologist I / II
Engineer/Scientist/Geologist I / II
Engineering Aide
Field Monitoring Services
Administrative I / II / Ill / IV
Engineering Technology
Engineering Tech Manager I / II
Principal Tech Specialist I / II
Senior Tech Specialist I/ II
Senior GIS Analyst
GIS Analyst
Technical Specialist I/ II/ Ill/ IV
Technical Analyst I / II
Technical Analyst Intern
Cross-Connection Control Specialist I / II / Ill / IV
CAD Manager
CAD Designer I / II
Equipment
2" Purge Pump & Control Box
Aquacalc / Pygmy or AA Flow Meter
Emergency SCADA System
Field Vehicles (Groundwater)
Gas Detector
Generator
Hydrant Pressure Gauge
Hydrant Pressure Recorder, Impulse (Transient)
Hydrant Pressure Recorder, Standard
Low Flow Pump Back Pack
Low Flow Pump Controller
Powers Water Level Meter
Precision Water Level Meter 300ft
Precision Water Level Meter 500ft
Precision Water Level Meter 700ft
Agreement with West Yost/Exhibit B-Schedule of Fees
Rev. 07-01-18
Per Hour Rate
$348
$329 / $344
$302 / $322
$272 / $286
$226 / $243
$182 / $211
$106
$131
$97 / $121 / $145 / $160
$349 / $351
$320 I $331
$293 / $306
$265
$251
$187 / $213 / $239 / $267
$134 / $160
$108
$140 I $151 / $170 I $189
$211
$164 / $185
Billing Rate
300/day
$28/day
$35/day
$1/mile
$80/dav
$60/day
$10/day
$55//day
$40/day
$135/dav
$200/dav
$32/day
$30/day
$40/day
$45/dav
Equipment Billin~ Rate
QED Sample Pro Bladder Pump $65/day
Stainless Steel Wire per foot $00.03/day
Storage Tank $20/day
Sump Pump $24/dav
Transducer Components (per installation) $23/day
Trimble GPS - Geo 7x $220/day
Tube Length Counter $22/day
Turbidity Meter $30/day
Vehicle (Construction Management) $10/hour
Water Flow Probe Meter $20/dav
Water Quality Meter $50/day
Water Quality Multimeter $185/day
Well Sounder $30/day
1. Hourly rates include technology and communication charges such as general and CAD computer, software, telephone, routine in-house copies/prints, postage, miscellaneous supplies, and other incidental project expenses.
2. Outside Services such as vendor reproductions, prints, shipping, and major Consultant reproduction efforts, as well as engineering supplies, etc. will be billed at actual cost plus 15%.
3. The Federal Mileage Rate will be used for mileage charges and will be based on the Federal Mileage Rate applicable to when the mileage costs were incurred.
Travel other than mileage will be billed at cost.
4. Subconsultants will be billed at actual cost plus 10%.
5. Expert witness, research, technical review, analysis, preparation and meetings billed at 150% of standard hourly rates. Expert witness testimony and depositions billed at 200% of standard hourly rates.
6. The rates are effective January 1, 2023 to December 31, 2025. The rates herein are subject to annual compensation increases consistent with market rates.
Agreement with West Yost/Exhibit B-Schedule of Fees
Rev. 07-01-18
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting the Contractor's indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect during the period of performance of the Agreement and for twenty-four (24) months following acceptance by the City, at its sole cost and expense, the following insurance policies from insurance companies authorized to do business in the State of California. As applicable, these policies shall be primary insurance as to the City of Santa Clara so that any other coverage held by the City shall not contribute to any loss under Contractor's insurance. The minimum coverages, provisions and endorsements are as follows:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury
2. Exact structure and layering of the coverage shall be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.
3. The following provisions shall apply to the Commercial General Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a "pay on behalf' basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.
B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than Agreement with West YosUExhibit C-lnsurance Requirements Rev. 07-01-18
one million dollars ($1,000,000) each accident. Liability coverage shall apply to all owned (if any), non-owned and hired autos.
C. WORKERS' COMPENSATION
1. Workers' Compensation Insurance Policy as required by statute and employer's liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accidenUBodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.
2. The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of compensation or benefit payable by or for Contractor or any subcontractor under any Workers' Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).
3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.
D. PROFESSIONAL LIABILITY
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Contractor. Covered services as designated in the policy must specifically include services performed under this agreement. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per claim and two million dollars ($2,000,000) aggregate. Any coverage containing a deductible or self-retention must first be approved in writing by the City Attorney's Office.
E. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.
1. 2.
Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor's services for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85, or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.
Primary and non-contributing. Each Commercial General Liability and Excess Liability insurance policy provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance Agreement with West Yost/Exhibit C-lnsurance Requirements Rev. 07-01-18
as respects to, and not requiring contribution from, any other insurance which the indemnities may possess, including any self-insurance or self insured retention they may have. Any other insurance indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor's insurance.
3. Cancellation.
4. a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation of the coverage provided due to non payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such cancellation.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation of the coverage by the carrier, save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such cancellation.
Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through E of this Exhibit C, above.
F. ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:
1. Contractor agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.
2. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
Agreement with West Yost/Exhibit C-lnsurance Requirements Rev. 07-01-18
3. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.
G. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense , provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers , and under forms of policies, satisfactory to City and as desc ribed in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City 's approval as to adequacy of the insurance protection.
H. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance , consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent) , evidencing all required coverage shall be delivered to City, or its representative as set forth below , at or prior to execution of this Agreement. Upon City's request, Contracto r shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement , soft copies of all certificates , endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be e-mailed to [email protected], or by mail to:
EBIX Inc.
City of Santa Clara - Water & Sewer Utilities Department P.O. Box 100085- S2
Duluth, GA 30096
Telephone number: 951-766-2280
Fax number: 770-325-0409
I. QUALIFYING INSURE;RS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives .
Agreement with West Yost/Exhibit C-lnsurance Requirements Rev. 07-01- 18
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-708 Agenda Date: 9/16/2025
REPORT TO COUNCIL
SUBJECT
Adopt a Resolution Accepting the California Department of Alcoholic Beverage Control Grant and Authorizing the City Manager to Execute Grant-Related Documents, and Approve the Related Budget Amendment
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
The California Department of Alcoholic Beverage Control (ABC) administers the provisions of the Alcoholic Beverage Control Act in a manner that fosters and protects the health, safety, welfare and economic well-being of the people of the State.
In 1995, ABC embarked on a new approach to broaden and increase the level of alcoholic beverage law enforcement by working in partnership with cities and counties through the Grant Assistance to Local Law Enforcement Program (GAP). The mission of the GAP is to work with law enforcement agencies to develop an effective, comprehensive and strategic approach to eliminating the crime and public nuisance problems associated with problem alcoholic beverage outlets and then institutionalize those approaches within the local law enforcement agencies.
The City’s grant awards over the past three fiscal years are as follows:
Fiscal Year Award Amount
2023 / 2024 $ 75,068
2024 / 2025 $ 75,381
2025 / 2026 $ 91,311
TOTAL $241,760
DISCUSSION
In March 2025, the Police Department submitted an application requesting $91,311 for the Fiscal Year 2025/26 California Alcoholic Beverage Control Alcohol Policing Partnership Grant (APP) (formerly the GAP program). On June 2, 2025, the Police Department was informed of award of funding. In July 2025, Police Department personnel attended the APP Conference in Garden Grove, CA. After meeting with ABC personnel to discuss operational goals and objectives, the Police Department received a draft Grant Agreement on August 26, 2025. The notice informed staff a meeting was pending with ABC personnel, and requested staff register for the APP conference and begin the approval process for accepting the award; a Grant Agreement is pending operation City of Santa Clara Printed on 9/12/2025Page 1 of 4
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25-708 Agenda Date: 9/16/2025
category funding updates; overall funding remains the same.
This APP award is effective from July 1, 2025, through June 30, 2026, and is intended to address the following alcohol-related goals:
· To foster and protect the health, safety, welfare and economic well-being of the City’s residents, visitors and business community, supporting the mission of the Department of Alcoholic Beverage Control;
· To ensure alcoholic beverage license holders meet their licensing requirements and initiate enforcement operations with regulatory mandates in mind; and · To become a model to other law enforcement agencies.
Through the Fiscal Year 2025/26 APP grant cycle, the following objectives have been established to support the identified goals:
· Participate in the APP conference (required as a grant awardee); · Disseminate community messages via the web and social media to include, but not limited to, kick-off press release, public service announcements and pre and post operation details; · Utilize patrol briefings to conduct training on alcohol-related legislation and trends; · Conduct Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) inspections of ABC licensed premises;
· Conduct saturation patrols to address licensing and regulatory mandates at Levi's Stadium*; · Conduct Minor Decoy operations;
· Conduct Shoulder Tap operations;
· Conduct bicycle / walking patrols in and around the Santa Clara University footprint; · Engage in regular communication with ABC District staff, and implement a multi-agency approach to the above operations; and
· Prepare and submit monthly reporting requirements in a timely and thorough fashion *It should be noted, the cost for ABC agent(s) to conduct saturation patrols is not borne by the City of Santa Clara or the ABC grant. In the case of this grant objective, law enforcement personnel (e.g., Special Event Police Officer or Police Officer) may escort ABC agent(s) on the premises prior to, during and/or following Levi’s Stadium events, to conduct routine alcohol enforcement action and address problematic behavior. The associated personnel expense is reimbursable through the ABC grant.
It is not uncommon for the Police Department to apply for grant(s) to secure equipment, conduct enforcement operations and/or pay for specialized training, some of which is directly related to having a venue of this size and visibility in the city. In these cases, the grant will reimburse the police officer’s time to ensure the City remains in compliance with Measure J.
This Report to Council is intended to adopt a formal Resolution outlining the terms and conditions of the APP grant, accept the APP grant, authorize the City Manager to execute grant related documents and approve the related budget amendment.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California City of Santa Clara Printed on 9/12/2025Page 2 of 4
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25-708 Agenda Date: 9/16/2025
Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
ABC APP grant funding in the amount of $91,311 will create overtime opportunities for Police Department personnel to address education and enforcement initiatives to mitigate the crime and public nuisance challenges associated with alcoholic beverage outlets. The table below details the budget action for FY 2025/26 recommended as part of this report.
Budget Amendment
FY 2025/26
Current Increase/
(Decrease)
Revised
Police Operating Grant Trust Fund
Revenue
Grant Funding $0 $91,311 $91,311
Expenditure
Alcohol Policing Partnership Grant
2025/26
$0 $91,311 $91,311
COORDINATION
This report has been coordinated with the Finance Department, Police 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] or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
1. Adopt the Resolution accepting the California Department of Alcoholic Beverage Control Grant to be utilized to fund a variety of identified objectives to curb alcohol-related challenges in our community, and authorizing the City Manager to execute all grant-related documents; and
2. Approve the FY 2025/26 budget amendment in the Police Operating Grant Trust Fund to recognize grant funding in the amount of $91,311 and establish an Alcohol Policing Partnership Grant 2025/26 appropriation in the amount of $91,311 (five affirmative Council votes required to appropriate additional revenue).
Prepared by: Casey Rettig, Management Analyst
Reviewed by: Cory Morgan, Chief of Police
Approved by: Jovan D. Grogan, City Manager
City of Santa Clara Printed on 9/12/2025Page 3 of 4
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25-708 Agenda Date: 9/16/2025
ATTACHMENTS
1. Grant Agreement
2. Exhibits
3. ABC Resolution
City of Santa Clara Printed on 9/12/2025Page 4 of 4
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Agreement Number: 25-APP43
City of Santa Clara through the Santa Clara Police Department
EXHIBIT A
SCOPE OF WORK
I. SCOPE OF WORK
• Contractor agrees to implement the Department of Alcoholic Beverage Control (ABC), Alcohol Policing Partnership program. This program is intended to work with law enforcement agencies to develop an effective, comprehensive and strategic approach to eliminate the crime and public nuisance problems associated with problem alcoholic beverage outlets.
• Contractor agrees to implement ABC’s Minor Decoy, Shoulder Tap Programs and conduct Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) Inspections. These p rograms target both ABC licensed premises and individuals who furnish alcoholic beverages to the underage operators. The project is targeted to reduce underage drinking and the resultant DUI driving injuries and fatalities, and/or property damages, reduce youth access to alcoholic beverages through the education of licensee(s), enforcement intervention and the impressions of omnipresence of law enforcement. In addition, Contractor agrees to the following goals:
1. The operation period of the grant is July 1, 2025 through June 30, 2026.
2. Contractor agrees to raise public awareness that selling, serving and/or furnishing alcoholic beverages to individuals under twenty-one years old is a criminal violation that will be prosecuted by local city and district attorneys.
3. Minor Decoy operations are designed to educate and deter licensed locations from selling/furnishing alcohol to minors. Contractor agrees to conduct Minor Decoy Operations at both “On-Sale” and “Off-Sale” licensed establishments within the operation period of the grant.
4. Shoulder Tap operations are used to detect and deter adult furnishers outside of a licensed business. Contractor agrees to conduct Shoulder Tap Operations at “Off-Sale” licensed locations to apprehend adults that are unaffiliated with the licensed businesses and who are purchasing alcohol for minors outside of the stores within the operation period of the grant.
5. Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) primary goal is to educate licensee’s on alcohol related laws to help reduce alcohol -related crime in and around licensed premises. Contractor agrees to conduct visits and inspections of licensed premises identifying areas of non-compliance at “On-Sale” and “Off-Sale” licensed locations within the operation period of the grant.
II. GOALS AND OBJECTIVES
1. Conduct at least three (3) Minor Decoy operations.
2. Conduct at least three (3) Shoulder tap operations, including the Statewide Shoulder tap operation .
3. Conduct at least four (4) IMPACT operations.
Agreement Number: 25-APP43
City of Santa Clara through the Santa Clara Police Department
4. C
onduct at least fifteen (15) Task Force operations at Levi Stadium.
5. C
onduct at least five (5) General Enforcement operations.
6. C
onduct at least four (4) Roll Call trainings.
7. P
rovide press/social media releases on grant enforcement activities.
A.
To announce the start of the program;
B. At the conclusion of each Minor Decoy Operation has been held (to announce t he num
ber of licensed premises who sold to the minor decoy)
C. At the conclusion of each Shoulder Tap Operation has been held (to announce t he num
ber of adults arrested for purchasing alcoholic beverages for the decoy).
8. C
ontractor will fax (916) 419-2599 or email each press release to the Department’s Public Information Officer ([email protected]) as soon as it is released. 9 . Contractor agrees in all press releases, in addition to any credits the agency wishes to give, will include the following statement: “This project is part of the Department of Alcoholic Bever age C
ontrol’s Alcohol Policing Partnership.”
C
ontractor agrees to complete and submit monthly reports, on a format designed and provided by the Department of Alcoholic Beverage Control due no later than 15th of the following month.
III. PR
OJECT REPRESENTATIVES
The project representatives during the term of this agreement will be:
Santa Clara Police Department
Casey Rettig, Mgmt Anaylst
601 El Camino Real
Santa Clara, CA 95050
(408) 615-4892
c
[email protected]
Department of Alcoholic Beverage Control
Aaron Perry, Supervising Agent in Charge
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
(916) 419-5169
aar
[email protected]
D
irect all fiscal inquiries to:
City of Santa Clara
Kenn Lee, Finance Director
1500 Warburton Avenue Santa
Clara, CA 95050 (408)
615-2344
[email protected]
Department of Alcoholic Beverage Control
Kristine Okino, Grant Coordinator
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
[email protected]
Agreement Number: 25-APP43
City of Santa Clara through the Santa Clara Police Department
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
I. INVOICING AND PAYMENT
• For services satisfactorily rendered and upon receipt and approval of the invoice, the Department of Alcoholic Beverage Control agrees to pay a monthly payment of approved reimbursable costs per the Budget Detail of personnel overtime and benefits (actual cost) and/or allowable costs.
• Invoices shall clearly reference this contract number (25-APP43) and must not exceed the contract total authorized amount of $91,311.00. Invoices are to be submitted by the 15th of every month, on the prescribed form designed by the Department of Alcoholic Beverage Control .
Submit to: Department of Alcoholic Beverage Control
Attn: Kristine Okino, Grant Coordinator
3927 Lennane Drive
Sacramento, California 95834
• Payment shall be made in arrears within 30 days from the receipt of an undisputed invoice. Nothing contained herein shall prohibit advance payments as authorized by Item 2100- 101-3036, Budget Act, Statues of 2025.
• Contractor understands in order to be eligible for reimbursement; cost must be incurred on or after the effective date of the project, July 1, 2025 and on or before the project termination date , June 30, 2026.
• Revisions to the “Scope of Work” and the “Budget Detail” may be requested by a change request letter submitted by the Contractor. If approved, the revised Grant Scope of Work and/or Budget Detail supersedes and replaces the previous grant and will initiate an amendment. No revisions can exceed allotted amount as shown on the Budget Detail. The total amount of the grant must remain unchanged.
• Contractor agrees to refund to the State any amounts claimed for reimbursement and paid to Contractor which are later disallowed by the State after audit or inspection of records maintained by the Contractor.
• Only the costs displayed in the Budget Detail are authorized for reimbursement by the State to Contractor under this agreement. Any other costs incurred by Contractor in the performance of this agreement are the sole responsibility of Contractor.
• Title shall be reserved to the State for any State- furnished or State-financed property authorized by the State which is not fully consumed in the performance of this agreement. Contractor is responsible for the care, maintenance, repair, and protection of any such property. Inventory records shall be maintained by Contractor and submitted to the State upon request. All such property shall be returned to the State upon the expiration of this grant unless the State otherwise directs.
• Prior approval by the State in writing is required for the location, costs, dates, agenda, instructors, instructional materials, and attendees at any reimbursable training seminar, workshop or conference, and over any reimbursable publicity or educational materials to be made available for distribution.
Contractor is required to acknowledge the support of the State whenever publicizing the work under this grant in any media.
Agreement Number: 25-APP43
City of Santa Clara through the Santa Clara Police Department
II. BUDGET DETAIL
COST CATEGORY TOTAL COST
A. Personnel Services
Overtime
Officer ($177.69/hourly) $65,746.00
Sergeant ($205.67/hourly) $21,596.00
Benefits – n/a $0.00
TOTAL Personnel $87,342.00
B. Operating Expenses (receipts required)
n/a $0.00
TOTAL Operating $0.00
C. Equipment (receipts required, must be purchased by 12/31) Bluetooth headphones $2,000.00
TOTAL Equipment $2,000.00
D. Travel Costs
Registration, lodging, per diem $1,969.00
TOTAL Travel $1,969.00
GRANT TOTAL $91,311.00
Agreement Number: 25-APP43
City of Santa Clara through the Santa Clara Police Department
III. BUDGET CONTINGENCY CLAUSE
• It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.
• If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount.
IV. PROMPT PAYMENT CLAUSE
• Payment will be made in accordance with, and within the time specified in, Government Code Chapter
4.5, commencing with Section 927.
Agreement Number: 25-APP43
City of Santa Clara through the Santa Clara Police Department
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
1. Disputes: Any disputes concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Director, Department of Alcoholic Beverage Control, or designee, who shall reduce his decision in writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Department shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the State a written appeal addressed to the Director of the Department of Alcoholic Beverage Control. The decision of the Director of Alcoholic Beverage Control or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, Contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the State.
2. Cancellation/Termination: This agreement may be cancelled or terminated without cause by either party by giving thirty (30) calendar days advance written notice to the other party. Such notification shall state the effective date of termination or cancellation and include any final performance and/or payment/invoicing instructions/requirements. No penalty shall accrue to either party because of contract termination.
3. Contract Validity: This contract is valid and enforceable only if adequate funds are appropriated in Item 2100-101-3036, Budget Act of 2025, for the purposes of this program.
4. Contractor Certifications: By signing this agreement, Contractor certifies compliance with the provisions of CCC 04/2017, Standard Contractor Certification Clauses. This document may be viewed at:
https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language
5. If the State determines that the grant project is not achieving its goals and objectives on schedule, funding may be reduced by the State to reflect this lower level of project activity and/or cancel the agreement.
Agreement Number: 25-APP43
City of Santa Clara through the Santa Clara Police Department
EXHIBIT A
SCOPE OF WORK
I. SCOPE OF WORK
• Contractor agrees to implement the Department of Alcoholic Beverage Control (ABC), Alcohol Policin g P
artnership program. This program is intended to work with law enforcement agencies to develop an effective, comprehensive and strategic approach to eliminate the crime and public nuisance problems associated with problem alcoholic beverage outlets.
• C
ontractor agrees to implement ABC’s Minor Decoy, Shoulder Tap Programs and conduct Informed Merchants Preventing Alcohol -Related Crime Tendencies (IMPACT) Inspections. These programs target both ABC licensed premises and individuals who furnish alcoholic beverages to the underag e o
perators. The project is targeted to reduce underage drinking and the resultant DUI driving injuries and fatalities, and/or property damages, reduce youth access to alcoholic beverages through th e e
ducation of licensee(s), enforcement intervention and the impressions of omnipresence of law enforcement. In addition, Contractor agrees to the following goals:
1 . The operation period of the grant is July 1, 2025 through June 30, 2026. 2 . Contractor agrees to raise public awareness that selling, serving and/or furnishing alcoholic beverages to individuals under twenty -one years old is a criminal violation that will be prosecuted by local city and district attorneys.
3 . Minor Decoy operations are designed to educate and deter licensed locations from selling/furnishing alcohol to minors. Contractor agrees to conduct Minor Decoy Operations at both “On-Sale” and “Off-Sale” licensed establishments within the operation period of the grant. 4 . Shoulder Tap operations are used to detect and deter adult furnishers outside of a license d b
usiness. Contractor agrees to conduct Shoulder Tap Operations at “Off-Sale” licensed locations to a
pprehend adults that are unaffiliated with the licensed businesses and who are purchasing alcohol for minors outside of the stores within the operation period of the grant. 5 . Informed Merchants Preventing Alcohol -Related Crime Tendencies (IMPACT) primary goal is to educate licensee’s on alcohol related laws to help reduce alcohol -related crime in and around licensed premises. Contractor agrees to conduct visits and inspections of licensed premises identifying areas of non -compliance at “On-Sale” and “Off-Sale” licensed locations within the operation period of the grant.
II. GOALS AND OBJECTIVES
1 . Conduct at least three (3) Minor Decoy operations.
2 . Conduct at least three (3) Shoulder tap operations, including the Statewide Shoulder tap operation . 3 . Conduct at least four (4 ) IMPACT operation s.
Agreement Number: 25-APP43
City of Santa Clara through the Santa Clara Police Department
4. Conduct at least fifteen (15) Task Force operations at Levi Stadium.
5. Conduct at least five (5) General Enforcement operations.
6. Conduct at least four (4) Roll Call trainings.
7. Provide press/social media releases on grant enforcement activities.
A. T o announce the start of the program;
B. At the conclusion of each Minor Decoy Operation has been held (to announce the number of licensed premises who sold to the minor decoy) C. At the conclusion of each Shoulder Tap Operation has been held (to announce the number of adults arrested for purchasing alcoholic beverages for the decoy).
8. Contractor will fax (916) 419-2599 or email each press release to the Department’s Public Information Officer ( [email protected]) as soon as it is released.
9. Contractor agrees in all press releases, in addition to any credits the agency wishes to give, will include the following statement: “This project is part of the Department of Alcoholic Beverage Control’s Alcohol Policing Partnership.”
Contractor agrees to complete and submit monthly reports, on a format designed and provided by the Department of Alcoholic Beverage Control due no later than 15 th of the following month.
III. PROJECT REPRESENTATIVES
The project representatives during the term of this agreement will be:
Santa Clara Police Department
Carolyn McDowell, Senior Mgmt Analyst
601 El Camino Real
Santa Clara, CA 95050
(408) 615-4892
[email protected]
Department of Alcoholic Beverage Control
Aaron Perry, Supervising Agent in Charge
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
(916) 419-5169
[email protected]
Direct all fiscal inquiries to:
Santa Clara Police Department
Kenn Lee, Finance Director
1500 Warburton Avenue
Santa Clara, CA 95050
(408) 615-2344
[email protected]
Department of Alcoholic Beverage Control
Kristine Okino, Grant Coordinator
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
[email protected]
Agreement Number: 25-APP43
City of Santa Clara through the Santa Clara Police Department
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
I. INVOICING AND PAYMENT
• For services satisfactorily rendered and upon receipt and approval of the invoice, the Department of Alcoholic Beverage Control agrees to pay a monthly payment of approved reimbursable costs per the Budget Detail of personnel overtime and benefits (actual cost) and/or allowable costs .
• Invoices shall clearly reference this contract number (25-APP43) and must not exceed the contract total authorized amount of $9 1,311.00. Invoices are to be submitted by the 15th of every month, on the prescribed form designed by the Department of Alcoholic Beverage Control .
Submit to: Department of Alcoholic Beverage Control
Attn: Kristine Okino, Grant Coordinator
3927 Lennane Drive
Sacramento, California 95834
• Payment shall be made in arrears within 30 days from the receipt of an undisputed invoice. Nothing contained herein shall prohibit advance payments as authorized by Item 2100 -101-3036, Budget Act, Statues of 2025.
• Contractor understands in order to be eligible for reimbursement; cost must be incurred on or after the effective date of the project , July 1, 2025 and on or before the project termination date , June 30, 2026.
• Revisions to the “Scope of Work” and the “Budget Detail” may be requested by a change request letter submitted by the Contractor. If approved, the revised Grant Scope of Work and/or Budget Detail supersedes and replaces the previous grant and will initiate an amendment . No revisions can exceed allotted amount as shown on the Budget Detail. The total amount of the grant must remain unchanged.
• Contractor agrees to refund to the State any amounts claimed for reimbursement and paid to Contractor which are later disallowed by the State after audit or inspection of records maintained by the Contractor.
• Only the costs displayed in the Budget Detail are authorized for reimbursement by the State to Contractor under this agreement. Any other costs incurred by Contractor in the performance of this agreement are the sole responsibility of Contractor.
• Title shall be reserved to the State for any State-furnished or State-financed property authorized by the State which is not fully consumed in the performance of this agreement. Contractor is responsible for the care, maintenance, repair, and protection of any such property. Inventory records shall be maintained by Contractor and submitted to the State upon request. All such property shall be returned to the State upon the expiration of this grant unless the State otherwise directs.
• Prior approval by the State in writing is required for the location, costs, dates, agenda, instructors, instructional materials, and attendees at any reimbursable training seminar, workshop or conference, and over any reimbursable publicity or educational materials to be made available for distribution.
Contractor is required to acknowledge the support of the State whenever publicizing the work under this grant in any media.
Agreement Number: 25-APP43
City of Santa Clara through the Santa Clara Police Department
II. BUDGET DETAIL
COST CATEGORY TOTAL COST
A. Personnel Services
Overtime
Officer ($143.42/hourly) $71,710.00
Sergeant ($166.01/hourly) $16,601.00
Benefits – n/a $0.00
TOTAL Personnel $88,311.00
B. Operating Expenses (receipts required)
n/a $0.00
TOTAL Operating $0.00
C. Equipment (receipts required, must be purchased by 12/31) n/a $0.00
TOTAL Equipment $0.00
D. Travel Costs
Registration, lodging, per diem $3,000.00
TOTAL Travel $3,000.00
GRANT TOTAL $91,311.00
Agreement Number: 25-APP43
City of Santa Clara through the Santa Clara Police Department
III. BUDGET CONTINGENCY CLAUSE
• It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.
• If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount.
IV. PROMPT PAYMENT CLAUSE
• Payment will be made in accordance with, and within the time specified in, Government Code Chapter
4.5, commencing with Section 927.
General Terms and Conditions (GTC 02/2025)
EXHIBIT C
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause.
Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder.
Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
21. GENERATIVE AI DISCLOSURE OBLIGATIONS:
a. The following terms are in addition to the defined terms and shall apply to the Contract:
1) “Generative AI (GenAI)” means an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system's training data. (Gov. Code § 11549.64.)
b. Contractor shall immediately notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.
c. Notification shall be provided to the State designee identified in this Contract.
d. At the direction of the State, Contractor shall discontinue the provision to the State of any previously unreported GenAI that results in a material impact to the functionality of the System, risk to the State, or Contract performance, as determined by the State.
e. If the use of previously undisclosed GenAI is approved by the State, then Contractor will update the Deliverable description, and the Parties will amend the Contract accordingly, which may include incorporating the GenAI Special Provisions into the Contract, at no additional cost to the State.
f. The State, at its sole discretion, may consider Contractor’s failure to disclose or discontinue the provision or use of GenAI as described above, to constitute a material breach of Contract when such failure results in a material impact to the functionality of the System, risk to the State, or Contract performance. The State is entitled to seek any and all remedies available to it under law as a result of such breach, including but not limited to termination of the contract.
Agreement Number: 25-APP43
City of Santa Clara through the Santa Clara Police Department
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
1. Disputes: Any disputes concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Director, Department of Alcoholic Beverage Control, or designee, who shall reduce his decision in writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Department shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the State a written appeal addressed to the Director of the Department of Alcoholic Beverage Control. The decision of the Director of Alcoholic Beverage Control or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, Contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the State.
2. Cancellation/Termination: This agreement may be cancelled or terminated without cause by either party by giving thirty (30) calendar days advance written notice to the other party. Such notification shall state the effective date of termination or cancellation and include any final performance and/or payment/invoicing instructions/requirements. No penalty shall accrue to either party because of contract termination.
3. Contract Validity: This contract is valid and enforceable only if adequate funds are appropriated in Item 2100-101-3036, Budget Act of 202 5, for the purposes of this program.
4. Contractor Certifications: By signing this agreement, Contractor certifies compliance with the provisions of CCC 04/2017, Standard Contractor Certification Clauses. This document may be viewed at:
https://www.dgs.ca.gov/OLS/Resources/Page -Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract- Language
5. If the State determines that the grant project is not achieving its goals and objectives on schedule, funding may be reduced by the State to reflect this lower level of project activity and/or cancel the agreement .
Resolution/Acceptance of Alcoholic Beverage Control Grant Page 1 of 2 RESOLUTION NO.
A RESOLUTION OF THE CITY OF SANTA CLARA,
CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF A
CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE
CONTROL (ABC) GRANT AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE GRANT AGREEMENT.
WHEREAS, the City Council of the City of Santa Clara desires to undertake a certain project designated as ABC Education Initiative and Enforcement Campaign to curb alcohol-related challenges in the community, to be funded in part from funds made available through the Grant Assistance Program (GAP) administered by the ABC; WHEREAS, in accordance with the ABC’s GAP requirements, the City Council deems it to be in the best interests of the City to formally accept by resolution the grant funds and to authorize the City Manager to execute grant-related documents.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That the funds provided by ABC through its GAP for the purposes of undertaking the ABC Education Initiative and Enforcement Campaign are hereby accepted;
2. That the City Manager of the City of Santa Clara is authorized to execute on behalf of the City the grant contract with ABC, including any extensions or amendments thereof and any subsequent contract with the State in relation thereto, and other documents as necessary, all in final forms approved by the City Attorney.
3. Constitutionality, severability. If any section, subsection, sentence, clause, phrase, or word of this resolution is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of the resolution. The City of Santa Clara, California, hereby declares that it would have passed this resolution and each Resolution/Acceptance of Alcoholic Beverage Control Grant Page 2 of 2 section, subsection, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more section(s), subsection(s), sentence(s), clause(s), phrase(s), or word(s) be declared invalid.
4. Effective date. This resolution shall become effective immediately.
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION
PASSED AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE DAY OF , 2025, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
ATTEST:
NORA PIMENTEL
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
25-594 Agenda Date: 9/16/2025
REPORT TO COUNCIL
SUBJECT
Action to Authorize the City Manager to Negotiate and Execute a Memorandum of Understanding with Santa Clara County Local Public Agencies Related to the Joint Funding and Operation of the Composting Education Program
COUNCIL PILLAR
Promote Sustainability and Environmental Protection
BACKGROUND
The Composting Education Program is a vital initiative that directly supports the County’s waste reduction goals by engaging the community in sustainable waste management practices. Residents attend in-person classes where they are educated about home composting and are encouraged to turn food and yard waste into a nutrient-rich soil amendment that will benefit their gardens and landscapes. The Composting Education Program has been popular with residents in the community.
In 2024, the Composting Education Program conducted 37 compost workshops, 21 events, and worked at 24 schools across Santa Clara County. This included three events with 460 attendees and four compost workshops in the City of Santa Clara, which drew a total of 82 Santa Clara residents.
The Composting Education Program has historically been funded by the Solid Waste Planning Fees (SWPF) which are assessed county-wide on each ton of waste disposed of in a landfill. In 2016, California Senate Bill 1383 (SB 1383) was adopted, setting goals to reduce the disposal of organic waste in landfills in an effort to reduce greenhouse gas emissions. The successful implementation of the SB 1383 organics diversion programs has significantly reduced landfill disposal tonnage countywide, causing SWPF revenue to decrease. At the same time, the costs to run the programs have been increasing.
With reduced SWPF revenues and rising costs, the Technical Advisory Committee (TAC) to the Santa Clara County Recycling and Waste Reduction Commission (RWRC) needs to find alternative funding avenues to continue providing residents access to beneficial programs. SWPF revenues alone will not be sufficient to support the future of the Composting Education Program.
The cities of Cupertino, Gilroy, Morgan Hill, Mountain View, Palo Alto, San Jose, Santa Clara, and the County of Santa Clara expressed interest in continuing to provide composting education services to residents by jointly funding the cost of the Composting Education Program through a Memorandum of Understanding (MOU). The Composting Education Program MOU was reviewed and accepted by the RWRC on August 27, 2025.
DISCUSSION
The subject MOU will ensure the ongoing operation of the Composting Education Program for City of Santa Clara Printed on 9/12/2025Page 1 of 3
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25-594 Agenda Date: 9/16/2025
participating jurisdictions that provide their respective share of costs to fund the program. The MOU’s funding will support 0.5 FTE for a Program Coordinator. The Program Coordinator will collaborate with University of California Cooperative Extension (UCCE) staff to develop curriculum and training materials for Master Gardener volunteers to train Master Composter volunteers who deliver the training. Master composters teach composting workshops, table at public events, and present to schools and assist them with starting their own composting systems.
The MOU will fund Composting Education Program costs for the initial two years, through June 30, 2027. The MOU may be extended from July 1, 2027 to June 30, 2029, upon execution of a written amendment by all participating parties.
Below is a summary of services that will be provided under the scope of the MOU.
Educational Outreach and Workshops
· Workshop delivery - at least 20 workshops across the County, including 3-6 workshops specifically in the Central area of the county (Santa Clara). · Community Engagement - participation in 15 community events across the County, including some in Santa Clara, such as the Eco Fair and Pomeroy Community Garden Day, as well as host six Community Composting Workdays.
· School Composting Education and Support - support at least 10 K-12 schools, 1,500 students, and installation of compost systems in up to five K-12 schools (countywide).
Technical Support and Services
· Direct Assistance - referrals, online requests.
· Resource Distribution - sale of compost bins, reducewaste.org.
Program Development and Expansion
· Regulatory Compliance Outreach - develop and expand outreach on SB 1383 requirements, organic waste recycling, food waste reduction, and curbside collection. · Demonstration Site Operation and Enhancement
· Master Composter Volunteer Training
Cost Sharing
The Composting Education Program costs are based on population. The total amount for the term of the MOU is $233,784.77 ($116,892 in FY 2025/26 and $116,892.77 in FY 2026/27). The City of Santa Clara is 6.94 percent of the Santa Clara County population. The City of Santa Clara’s portion of the MOU is $10,199.18 for FY 2025/26 and $10,199.18 for FY 2026/27, for a total of $20,398.36 for the initial two-year term of the MOU.
ENVIRONMENTAL REVIEW
This action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonable City of Santa Clara Printed on 9/12/2025Page 2 of 3
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25-594 Agenda Date: 9/16/2025
foreseeable indirect change in the environment.
FISCAL IMPACT
The City of Santa Clara’s total contribution to the Composting Education Program for the initial two- year term of the MOU would be $20,398.36. The $10,199.18 contribution in FY 2025/26 is funded by SB 1383 Implementation Grant funds awarded by CalRecycle, which have been programmed into the Solid Waste Fund’s FY 2025/26 operating budget. It is not known at this time if there will be another cycle of SB 1383 Implementation Grant funding that could potentially fund the City’s $10,199.18 contribution in FY 2026/27. If there is another grant funding cycle that covers FY 2026/27 and beyond, staff will apply and designate a portion to be spent on the Composting Education Program. If grant funding is not available, a budget amendment to the Solid Waste Fund FY 2026/27 operating budget will be necessary to appropriate funds.
COORDINATION
This report has been coordinated with the City Attorney’s Office and the City Manager’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
Authorize the City Manager to negotiate and execute a Memorandum of Understanding with Santa Clara County local public agencies related to the funding and operation of the Composting Education Program on the terms presented for an initial two-year term lasting through June 30, 2027, with authority to extend on substantially the same terms for up to two additional years through June 30, 2029, in a final form approved by the City Attorney.
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. MOU
City of Santa Clara Printed on 9/12/2025Page 3 of 3
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MEMORANDUM OF UNDERSTANDING
AMONG LOCAL PUBLIC AGENCIES
IN SANTA CLARA COUNTY
FOR THE COMPOSTING EDUCATION PROGRAM
This Memorandum of Understanding (“MOU”) is entered into by and between the cities of Cupertino, a municipal corporation of the state of California; Gilroy, a municipal corporation of the state of California; Morgan Hill, a municipal corporation of the state of California; Mountain View, a municipal corporation of the state of California; Palo Alto, a municipal corporation of the state of California; San José, a municipal corporation of the state of California; Santa Clara, a municipal corporation of the state of California; and the County of Santa Clara, a political subdivision of the State of California; collectively “Parties” or individually as a "Party."
RECITALS
A. The signatory Parties are also “PARTIES” to the Memorandum of Agreement (“MOA”) entered into on June 14, 2013 for the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee (“TAC”), which is a separate Committee created to assist the County of Santa Clara Recycling and Waste Reduction Commission (“RWRC” or “Commission”) that advances the interests of Party Jurisdictions by performing technical and policy review to inform parties and advise the Commission on solid waste management issues, and bring together varied expertise and viewpoints for planning and implementing the Commission approved annual workplan and budget. The MOA, which remains in effect, is attached hereto and incorporated herein by reference as (“Exhibit A”).
B. The participating Parties have previously agreed to jointly administer and fund the cost of the Composting Education Program (the “Program”).
C. The RWRC is scheduled to review and accept this MOU and associated financial contributions to incorporate into the Commission budget as Countywide Funds at the August 27, 2025, meeting.
D. The Parties desire to execute this MOU is to ensure ongoing operation of the Program for participating jurisdictions and to provide each Party’s respective share of costs to fund the Program.
NOW, THEREFORE, the Parties agree as follows:
SECTION 1. PURPOSE OF THE MOU
The purpose of this MOU is to establish a system of:
1) Management and operation of the Program from January 1, 2026, to June 30, 2027. The Program will also cover the costs from July 1, 2025, to December 31, 2025, and will be reimbursed retroactively from July 1, 2025, upon execution of the MOU.
2) Payment by the Parties for their share of the costs for implementation of the Program as referenced in (“Exhibit B”).
SECTION 2. TERM AND EFFECTIVE DATE
The agreement will become effective upon execution by all parties or by January 1, 2026, whichever comes first.
SECTION 3. EXTENSION
The MOU may be extended in two-year increments, initially from July 1, 2027, to June 30, 2029, and thereafter upon approval by the Parties.
SECTION 4. DEFINITIONS
The original 2013 Memorandum of Agreement entered into between the Parties (and as may be amended from time to time) defined in detail the duties of the TAC Administrator, Contracting Agent (currently the City of Morgan Hill in its capacity as Countywide Solid Waste Services), and Fiscal Agent (currently Santa Clara County), and those definitions from the MOA shall apply to this MOU. For ease of reference, those definitions are summarized below.
4.1 The TAC Administrator provides administration and management services to the TAC and carries out the annual workplan.
4.2 The Contracting Agent executes contracts with outside contractors, including the Administrator and the Fiscal Agent that have been requested and approved by the Implementation Committee.
4.3 The Fiscal Agent serves as the treasurer of the Countywide Funds and is responsible for collecting the Solid Waste Planning Fee from all solid waste disposal facilities and non-disposal facilities located within Santa Clara County.
SECTION 5. RESPONSIBILITIES OF THE TAC ADMINISTRATOR AND CONTRACTING AGENT
5.1 The TAC Administrator will provide administration and management of the Program. These duties include overseeing the work of the Program, development of the budget, and inclusion of the Program in the annual work plan and budget. The costs to perform these duties will be included in the annual workplan and budget designated as Countywide Funds for the Program as defined in the MOA.
5.2 Contracts executed by the Contracting Agent for the Program, TAC Administrator and Fiscal Agent will be based on the approved budget for the Program. The Contracting Agent will provide an invoicing system to pay the Program, TAC Administrator, and Fiscal Agent. The Contracting Agent shall provide the TAC Administrator with the proposed costs to perform these duties. The signatory Parties to this MOU (except when acting in their authorized capacities as Contracting Agent, TAC Administrator, and Fiscal Agent) are not direct parties to the third-party contracts entered into by those agents.
SECTION 6. RESPONSIBILITIES OF THE FISCAL AGENT
The Fiscal Agent will collect and receive funds from the Parties for implementation of the Program. Funds will be segregated from the Countywide Solid Waste Program Funds in separately numbered and coded accounts that are readily identifiable as those containing Program or Countywide Solid Waste Program Funds. The Fiscal Agent shall not expend, use, or transfer any Program funds except in accordance with the annual work plan and budget.
The Fiscal Agent shall provide the TAC Administrator with the proposed costs to perform these duties as part of the annual work plan budget development process.
SECTION 7. RESPONSIBILITIES OF THE PROGRAM
The Program will implement the scope of work specified in Exhibit D to this MOU (“Exhibit D”).
SECTION 8. RESPONSIBILITIES OF THE PARTIES
The Parties will share costs of implementing the Program as described in Exhibit B and undertake the duties assumed by the Parties as described in this MOU (“Exhibit C”).
SECTION 9. PAYMENTS UNDER THIS MOU
9.1 The Parties agree to share costs of the Program based on population size as defined in the cost share matrix contained in Exhibit B.
9.2 The Parties agree to pay forth costs identified in the budget and approved through the Implementation Committee of the RWRC. For Fiscal Year 2025-2026, the Fiscal Agent shall invoice the Parties for the amounts specified in Exhibit B by no later than November 30, 2025, and the Parties shall submit payment for those invoices by January 1, 2026. For Fiscal Year 2026-2027, and each year thereafter (upon execution of an extension of this MOU) the Fiscal Agent shall invoice the Parties by May 30 th of
each year, and the Parties shall submit payment for those invoices by no later than June 30th of each year. Each Party will make their payment to the Fiscal Agent based on the invoice amount within thirty (30) calendar days of receipt.
9.3 The Fiscal Agent will ensure that the Program account is segregated from the Solid Waste Program Fee Fund account managed pursuant to the MOA.
SECTION 10. BOOKS AND ACCOUNT
The Fiscal Agent will keep complete and accurate financial records, including funding contribution amounts from each Party, date of invoice request, and payment submittals, and shall report this information in Quarterly Reports submitted to the IC and the RWRC as required in the MOA. Upon reasonable notice to the Fiscal Agent, any Party to this MOU may inspect the financial records related to this MOU.
SECTION 11. FURTHER ASSURANCES
Each Party will adopt, execute, and make any and all further assurances, documents, instruments and resolutions as may be reasonably necessary or proper to carry out the intention or to facilitate the Parties’performance of their obligations under this MOU.
SECTION 12. REPRESENTATIONS AND WARRANTIES
Each Party represents and warrants to all other Parties as follows:
12.1 Authority: Each Party has the full legal right, power and authority under the laws of the State of California to enter into this MOU and to carry out all of its obligations herein.
12.2 Due Execution: Each Party’s representatives who sign this MOU are duly authorized to sign and bind their respective agency.
12.3 Valid, Binding, and Enforceable Obligations: This MOU has been authorized and executed by each Party and constitutes the legal, valid, and binding agreement of the Parties, and is enforceable according to its terms.
SECTION 13. REMEDIES NOT EXCLUSIVE
No remedy herein conferred upon or reserved in this MOU is exclusive of any other remedy, and each such remedy shall be cumulative and shall be in addition to every other remedy provided hereunder or hereafter existing in law or in equity or by statute or otherwise, and all remedies may be exercised without exhausting and without regard to any other remedy.
SECTION 14. INDEMNIFICATION
In lieu of and notwithstanding the pro rata risk allocation, which might otherwise be imposed between the Parties pursuant to Government Code Section 895.6, the Parties agree that all losses or liabilities incurred by a Party shall not be shared pro rata but, instead, the Parties agree that, pursuant to Government Code Section 895.4, each of the Parties hereto shall fully indemnify and hold each of the other Parties, their officers, board members, employees , and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying Party, its officers, employees, or agents, under or in connection with or arising out of any work, authority, or Jurisdiction delegated to such Party under this MOU (including but not limited to work engaged in or contracts entered into by a Party acting in their capacity as Contracting Agent, Program Manager, TAC Administrator, or Fiscal Agent.). No Party, nor any officer, board member, or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of any other Party hereto, its officers, board members, employees, or agents, under or in connection with or arising out of any work authority or Jurisdiction delegated to such other Party under this MOU, as indicated in this Section. The obligations set forth in this paragraph will survive the termination and expiration of this MOU.
SECTION 15. SEVERABILITY
The provisions of this MOU shall be severable, and if any clause, sentence, paragraph, provision or other part shall be adjudged by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this MOU will be valid and binding on the Parties.
SECTION 16. AMENDMENTS
This MOU may only be amended by a written instrument signed by each of the Parties.
SECTION 17. COUNTERPARTS
This MOU may be executed in counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument.
SECTION 18. USE OF ELECTRONIC SIGNATURES
Unless otherwise prohibited by law, the Parties agree that an electronic copy of a signed contract, or an
electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a writing as set forth in Evidence Code Section 1550. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the Parties. Should any Jurisdiction not permit electronic signatures only their copy of the MOU must be signed in the conventional manner.
SECTION 19. INTERPRETATION, PRIOR AGREEMENTS AND AMENDMENTS.
This MOU, including all Exhibits attached hereto, represents the entire understanding of the Parties as to those matters contained herein. In the event that the terms specified in any of the Exhibits attached hereto conflict with any of the terms specified in the body of this MOU, the terms specified in the body of this MOU shall control. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This MOU may be modified only by a written amendment duly executed by the Parties to this MOU. This MOU is intended to supplement the original MOA and does not replace the original MOA. The MOA shall remain in effect and to the extent that there are any contradictions between this MOU and the original MOA, the provisions in this MOU shall prevail.
SECTION 20. WITHDRAWAL FROM MOU
No individual Party may withdraw from this limited term Agreement on or before June 30, 2026. Any Party wishing to withdraw on or after June 30, 2026, must provide a sixty (60) day notice to the Contracting Agent. Withdrawal by a Party does not affect the cost contributions of the remaining Parties.
SECTION 21. NO LEGAL RELATIONSHIP
By entering into this MOU, the Parties are neither forming, nor do they intend to form a partnership, agency, or any other legal entity relationship. No Party is authorized to bind or to act as the agent or legal representative of the other Party for any purpose, and neither Party is granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of or in the name of any other Party.
SECTION 22. GOVERNING LAW, VENUE
This MOU has been executed and delivered in, and shall be construed and enforced in accordance with, the laws of the State of California. Proper venue for legal action regarding this MOU shall be in the County of Santa Clara.
MEMORANDUM OF UNDERSTANDING
AMONG LOCAL PUBLIC AGENCIES IN SANTA CLARA COUNTY
FOR THE COMPOSTING EDUCATION PROGRAM
IN WITNESS HEREOF, the Parties have executed the MOU as of the last date set forth below:
City of Cupertino – City Manager Approval as to form, Senior Assistant City Attorney
Date:_____________________________ Date:_____________________________
City of Gilroy- Public Works Director Approval as to form, Gilroy City Attorney
Date: Date:
City of Morgan Hill, as a Party and as
Contracting Agent and TAC
Administrator
Approval as to form, Morgan Hill City
Attorney
Date: Date:
City of Mountain View- Public Works
Director
City of Mountain View – Finance and
Administrative Services Director
Date:
Date:
City of Mountain View- City Manager Approval as to form, Mountain View Senior Assistant City Attorney
Date:
Date:
City of Palo Alto – City Manager Approval as to form, Palo Alto Assistant City Attorney
Date:
Date:
City of Santa Clara - City Manager Approval as to form, Santa Clara City Attorney
Date:____________________________ Date:_____________________________
County of Santa Clara, as a Party and as
Fiscal Agent - Chief Operating Officer
Approval as to form and legality, Santa
Clara County Deputy County Counsel
Date:_____________________________ Date:_____________________________
City of San José, Director of the City
Manager's Office of Administration,
Policy and Intergovernmental Relations
Approval as to form, San José
Senior Deputy City Attorney
Date:___________________________ Date:_____________________________
AGREEMENT
CREATING THE SANTA CLARA COUNTY
RECYCLING AND WASTE REDUCTION
TECHNICAL ADVISORY COMMITTEE
THIS AGREEMENT , is made·and entered into this 4 ±::~ day of .j U (\ e. 2013 by and between the COUNTY OF SANTA CLARA, a political subdivision of the State of California; CITY OF CAMPBELL , a municipal corporation of the State of California ; CITY OF CUPERTINO , a municipal corporation of the State of California ; CITY OF GILROY, a municipal corporation .of the State of California, CITY OF LOS ALTOS , a municipal corporation of the State of California ; TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California; TOWN OF LOS GATOS , a municipal corporation of the State of California; CITY OF MILPITAS , a municipal corporation of the State of California ; CITY OF MONTE SERENO , a municipal corporation of the State of California ; CITY OF MORGAN HILL, a municipal corporation of the State of California , CITY OF MOUNTAIN VIEW, a municipal corporation of the State of California ; CITY OF PALO AL TO, a municipal corporation of the State of California ; CITY OF SAN JOSE , a municipal corporation of the State of California ; CITY OF SANTA CLARA, a chartered muniGipal corporation of the State of California ; CITY OF SARATOGA, a municipal corporation of the State of California ; and CITY OF SUNNYVALE, a municipal corporation of the State of California .
All of the above-mentioned entities are hereinafter collectively referred to as "PARTIES " or individually as "PARTY ."
RECITALS :
A.
B.
C.
D.
5/6/13
In 1989, the California Legislature passed and enacted the California Integrated Waste Management Act, known as "AB 939", (Public Resources Code Section 40000 et. seq) requiring jurisdictions to divert 25% of waste from disposal by 1995 and 50% of waste from disposal by 2000. AB 939 required each County to develop and periodically update a County Integrated Wast~ Management Plan and to appoint an AB 939 Local Task Force.
Prior to 1992, the Solid Waste Committee of the Santa Clara County Intergovernmental Council advised the cities and the County on solid waste and recycling issues. The Technical Advisory Committee, also originally convened by the Intergovernmental Council , provided technical advice to the Solid Waste Committee on solid waste and recycling issues .
On or about February 1992, the Santa Clara County Board of Supervisors and the cities in Santa Clara County designated the Solid Waste Committee of the Intergovernmental Council as the AB 939 Task Force for Santa Clara County .
On February 4, 1992, the Santa Clara County Board of Supervisors replaced the Solid Waste Committee of the Intergovernmental Council with the Solid Waste Commission of Santa Clara County ("Commission ") in order to streamline the JUN o 4 2013
TAC MEMORANDUM OF AGREEMENT
decision-making process on solid waste and recycling issues. (Ordinance No. NS- 300.495) The powers and duties of the Commission are defined in Chapter XVII, Division A6 of the County of Santa Clara Ordinance Code.
E. On December 4, 2001, the Santa Clara County Board of Supervisors approved Ordinance No. NS-300.658 changing the name of the Commission to the Recycling and Waste Reduction Commission of Santa Clara County.
F. The Commission advises city councils and the Board of Supervisors in Santa Clara County on countywide solid waste and recycling planning issues and on the County Solid Waste Management Plan/County Integrated Waste Management Plan.
G. The By-Laws of the Commission (also approved by the County Board of Supervisors on February 4, 1992) continued the existence of the Recycling and Waste Reduction Technical Advisory Committee (the "TAC"). The purpose of the TAC was to provide technical advice to the Commission on solid waste management and policy; to bring together a wide spectrum of viewpoints and expertise on countywide solid waste and recycling issues affecting individual jurisdictions ; and to assist in development of policies , programs and revisions and amendments to countywide plans .
H. On an annual basis, the TAC prepares and submits an Ann.ual Workp lan and Budget for review and approval by the Commission. The Commission-approved Annual Workplan is then impleme nted by the TAC using funds in the Commission-approved Annual Budget.
I. In accordance with the AB 939,provisions for financing solid waste diversion and planning activities , the County of Santa Clara levies and c9llects the Countywide Solid Waste Planning Fee ("SWPF") on each ton of solid waste disposed at landfills located within the County , on tons taken to non-disposal facilities located within the county .and subsequently transported for disposal to landfills outside Santa Clara County , and on tons transported directly to disposal facilities located outside Santa Clara County . The current SWPF of $0. 78 per ton was established by the County Board of Supervisors on May 19, 2009. Funds from the SWPF are used to fund the activities and programs of the Commission and the TAC. In addition, funds from grants, voluntary contributions from other agencies and other revenue sources are used to fund these activities and programs . Such funds , including monies from the SWPF, are referred to herein as "Countywide Funds".
J. In 2011, Assemb ly Bill 341 ("AB 341") was signed into law establishing a statewide goal of diverting 75% of solid waste from disposal by 2020 and requiring The California Department of Resources, Recycling and Recovery to prepare and submit a plan to the Legislature on or before January 1, 2014 on how to achieve this goal.
K. Since the TAC was o~iginally established , the field of solid waste management and recycling has become much more complex and the PARTIES must comply with an increasing number of laws and regulations . In order to achieve the statewide goal of 75% diversion, many materials currently disposed in landfills must be segregated and N61.J?,,i
.,1 f .,,_ , 1
TAC MEMORANDUM OF AGREEMENT
processed at new facilities, and channeled into useful purposes. New infrastructure , diversion systems and enhanced producer responsibi lity measures must be implemented in order to accomplish this goal.
L. Commensurate wit.h changes in the breadth and complexity of the solid waste and recycling field , the work and functions of the TAC have evolved over time to encompass not only providing advice to the Commission, but also recommending, implementing and monitoring countywide public education and diversion programs included in the Commission-approved Annual Workplan and Budget where it is cost effect ive for the PARTIES to jointly provide such programs.
M. The. TAC requires expanded powers and authority to monitor ongoing staffing support for programs in the Commission-approved Annual Workplan as well as the power and authority to recommend , monitor and audit the funding for these programs , at the levels contained in the Commission-approved Annual Budget.
N. In order to address these issues , the Commission appointed the Ad Hoc Committee for TAC Organizational Study, and the TAC appointed the TAC Ad Hoc Organizational Study Subcommittee . Pursuant to recommendations from these Committees, the County retained Arroyo Associates in 201 0 to conduct an independent Organizational Study . The study evaluated the countywide integrated waste management programs and services and provided operational and organi.zational recommendations to enhance the efficiency and effect iveness of the countywide solid waste management system . The Commission 's Ad Hoc Committee held a meeting on May 29, 2012 with representatives of the TAC and the public to discuss the recommendations of the Organizat ional Study and options for restructuring the operating parameters of the TAC . 0 . The purpose of this Agreement is to implement the recommendations of the Commission 's Ad Hoc Committee and the TAC Ad Hoc Subcommittee to revise the functions , powers , membership, structure and duties of the TAC to make these consistent with the manner in which the TAC currently functions ; and to simplify the reporting relationship between the Commission and the TAC . Such changes are desired by the PARTIES in order to facilitate countywide and regional approaches for meeting the statewide goal of 75% diversion articu'lated in AB 341 ; remaining in compliance with the existing requirements of AB 939 , SB 1016 and all other state and federa l laws and regulations , and planning for the goal of zero waste in the future .
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS :
I. PU.RPOSES AND FUNDING
The Santa Clara County Recycling and Waste Reduction Technical Advisory Committee ("TAC") is t,ereby established to replace the Recycling and Waste Reduction Techn ical Advisory Committee referred to in Article V of the Comm ission Bylaws dated October 2001 .
A. Purposes . The purposes of the TAC are:
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1. To implement the Commission -approved Annual Workplan and Budget;
2. To advise the Commission and the decision-making bodies of all· PARTIES on technical and policy issues rel~ted to solid waste management and recycling including plans to achieve the statewide A~ 341 goal of 75% diversion by 2020 and plans for working toward the goal of zero waste;
3. To bring together a wide spectrum of viewpoints and expertise to focus on countywide solid waste management , issues affecting individual communities , and solid waste and recycling issues affecting public environmental health ;
4. To assist in development of policies, programs and revisions and amendments to countywide plans that can meet countywide needs and, thus, receive countywide approval;
5. To provide a forum for exchange of solid waste , recycling, composting and other diversion information;
6. To inform the PARTIES ' respective agencies and jurisdictions about issues and recommendations of the Commission, and perform follow-up actions , as necessary ;
7. To recommend Commission approval of countywide programs to maximize the effectiveness of local funds spent for public education and recycling programs, and to implement and monitor such programs.
8. To assist with future master planning for facilities and infrastructure , as requested by the Commission.
9. To perform technical and policy review and make technical and policy recommendations to the Commission and technical recommer)_dations to the PARTIES concerning best practices in soljd and hazardous waste management; recycling, composting, diversion programs , source reduction; litter reduction on land; reduction of litter that originates from the storage , collection ; transportation, and processing of solid waste , recyclable materials and organic materials that affects water quality in local creeks , San Francisco Bay, and oceans ; and 'cradle-to-cradle' extended producer responsibility for products and packaging from creation through use and ultimate recycling or other disposition , with regard to:
a. The feasibility of technical proposals ;
b. Analysis of issues and problems in solid waste management; c. Proposed and/or needed national and state legislation and policies ; d. New infrastructure required to achieve countywide goals , and; e. Financing and management options for creation of such infrastructure.
10. To perform other duties as directed by the Commission. _ 8. Funding. The TAC is funded by the Solid Waste Planning Fee ("SWPF") that is charged to customers by the operators of all disposal and non-disposal facilities located within the County of Santa Clara , and remitted , by those facility operators , to the County of Santa Clara. The SWPF is also charged on tons of solid waste that are hauled directly to out~of-county disposal facilities . The amount of the SWPF is established by the Board of Supervisors based upon -input and recommendations from the Commission and the TAC Implementation Committee . Additional revenues come from grants ,· voluntary contributions of other agencies and other sources . These , together with the SWPF funds constitute the Countywide Funds used to fund the Commission-approved Annual Workp lan and Budget.
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II. COMPOSITION
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A. Voting members , not to exceed 27 in number , shall include:
1. One (1) staff person from each City or Town that is a PARTY
2. Three (3) staff persons from the County as follows :
a. One (1) to represent the Unincorporated Area
b. One (1) to represent County interests related to environmental health c. One (1) to represent County interests related to integrated waste manag~ment
3. One (1) staff person from the Santa Clara Valley Water District
4. Up to eight (8) persons from non-governmental organizations appointed by the Commission as follows :
a. No more than three (3) representing for-profit industry groups and/or business organizations (however, no member shall represent a single for-profit company)
b. No more than four (4) representatives of non-profit groups that advocate for source reduction, recycling programs, sustainability , and/or producer responsib ility
c. No more than two (2) representatives of institutions of higher learning located within Santa Clara County
B. Appointment of Members . All members representing a public agency shall be re designated annually via a letter on agency letterhead addressed to the TAC Administrator ("Administrator "). The Commission will accept requests and nominations for non governmental organizations to serve on the TAC. The Administrator will publish a notice in a·daily local newspaper of general circulation to a minimum of two-hundred fifty thousand (250,000) people in September of every other year announcing that nominations and requests to serve are being accepted . The Administrator will take other reasonable and cost-effective measures to distribute the announcement via other media, including, but not limited to, websites , local publications and social media, to reach persons who might not see the notice in a daily newspaper . The Commission will select the non-governmental organizations to be represented on the TAC . Those organizations will, in turn , submit a letter to the Administrator designating a member and an alternate .
Members representing non-governmental organizations shall serve for a period of two (2) years beginning in January . At the end of that time, the Commission shall select the non governmental organizations to be represented on the TAC for the new two (2) year term .
The initial group of non-governmental organization representatives will be selected by the Commissi on on or before December 31, 2013 and will begin serving their. terms on January 1, 2014. The Administrator will publish a notice in the newspaper, and distribute the notice via other suitable media , in September 2013 announcing that the Commission will consider nominations and applications for non-governmental organizations to be represented on the TAC.
C. Alternates . Each PARTY may designate one or more alternate representative(s) to serve in the absence of the regular member . The alternate(s) will be designated in writing as described in Section II B. Alternates may serve on TAC committees , 5 TAC MEMORANDUM OF AGREEMENT
subcommittees , and ad hoc subcommittees .
D. Vacancies. Each PARTY is responsible for designating a replacement for its member if the member can no longer serve. In the ·event of a vacancy , the Chair shall, by letter, request that the PARTY c;iesignate a new member . If a vacancy occurs with regard to a representative of a non-governmental orga_nization, the Administrator shall notify the non-governmental organization to designate a. new member. In the event the non-governmental organization declines , the TAC shall notify the Commission and request that a new non-governmental organization be selected to fill the remainder of the term created by the vacancy .
E. Attendance. Attendance at meetings is vital to the proper and effective functioning of the TAC. Three (3) consecutive absences or a member missing over fifty percent (50%) of the TAC meetings in a calendar year are sufficient grounds for the Administrator to notify the member and request their attendance. Should a PARTY be unable to send its representative to meetings for an extended period of time, the PARTY shall notify the Chair in writing on letterhead and a replacement representative will not be requested from that PARTY.
Ill. QUORUM AND VOTING
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A. Quorum. A quorum consists of thirteen (13) voting members physically present at a meeting.
B. Voting. Actions of the TAC shall pe taken by ~ majority v~te of the members present at the meeting . Each member has one vote. (See Section VI B for voting and quorum requirements for the lmplem~ntation Committee that tjiffer from those for the full TAC.) .
C. Attendance From A Remote Location. In the event of an unavoidable schedule conflict, a member may participate in a meeting from a remote location via telephone or video-conference provided that all requirements of the Brown Act (Government Code Section 54950, et seq.) are met and further provided that the scheduled meeting room has the technical capability to accommodate the request. In such event, the member will notify the Administrator at least ten (10) days in advance of the meeting and ask to attend from a remote location. The Administrator will advise the member if this is possib le. If so, the Administrator will comply with all Brown Act requirements including stating the alternate location in the meeting notice. The member shall also comply with all Brown Act requirements in Government Code Section 54953 (b), including, but not limited to, posting a meeting notice and agenda on the door of the remote location for the duration of the meeting , and allowing members of the public to participate in the meeting from the remote location along with the member. The member 's vote will be counted ; howeve r, the member will not be included in the count to determine a quorum. Attendance from a remote location is to be used only in rare cases of unavoidable schedule conflicts . In person attendance and participation at meetings is strongly preferred and encouraged .
D. Bylaws. The TAC may, as necessary 1 recommend adoption of Bylaws for its 6 TAC MEMORANDUM OF AGREEMENT
governance to the Commission for approval , and operate according to Bylaws approved by the Commission. In the event revisions to Commission-approved Bylaws are desired, the TAC may recommend such revisions to the Commission .
IV. OFFICERS AND THEIR RESPONSIBILITIES
A. Officer Positions . The officers of the TAC shall be the Chair, Vice Chair , and the Subcommittee Chairs . The Chair and Vice Chair of the TAC must be voting members or .alternates representing a PARTY .
B. Election and Term. Each officer shall be elected by majority vote of a quorum of the voting membership at the last meeting of each calendar year or as soon thereafter as possible . All officers' terms begin with the first meeting of each calendar year.
C. Dutie$. The Chair of the TAC shall be responsible for chairing all meetings of the TAC and the Implementation Committee (IC) , and representing the TAC and the IC at Commission meetings. The Chair shall approve the draft agendas for TAC and IC meetings , except that any agenda item proposed by two (2) or more voting members must be placed on the next available agenda. The Vice Chair shall serve as the Chair in the Chair's absence. The Chairs of the Subcommittees shall be responsible for calling meetings of their respective Subcommittees and chairing those meetings . The Subcommittee Chairs shall approve the draft agendas for their respective Subcommittees except that any items proposed by two (2) or more voting members of a Subcommittee shall be placed on the next available Subcomm ittee agenda .
V. MEETINGS
A. Meetings . The TAC shall meet monthly at the time and place published on the agendas . Additional meetings may be called as needed. The Chair shall provide every member of the TAC with seventy-two (72) hours written notice of regular and additional TAC meetings . The agenda for each meeting shall be developed by the Administrator in consultation with the TAC Chair , and shall be approved by the Chair.
B. Conduct of Meetings . All meetings of the TAC , including all Comm ittees, Subcommittees , Ad Hoc Committees and Subcommittees and any closed sessions with legal counsel, shall be properly noticed and conducted in accordance with the "Brown Act" (Government Code Section 54950 et seq .) Except for official meetings of the TAC and it~ Committees , Subcommittees and Ad Hoc Committees and Subcomm ittees, nothing herein shall be interpreted to require meetings between staff members of the indlvidual PARTIES (including designated representatives of the PARTIES) to be subject to the Brown .Act, where the Brown Act would not otherwise apply . Each PARTY is individually responsible for ensuring it complies with the Brown Act. Where ver this Agreement is silent with regard to procedure , Robert's Rules of Order shall apply .
VI. IMPLEMENTATION COMMITTEE
A. Composition and Duties. The TAC Implementation Committee (IC) is comprised of one voting member from each PARTY to this Agreement plus one voting member from the Santa Clara Valley Water District (SCVWD ). The PARTY'S 5/6/ 13 7
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IC representative is usually also the PARTY'S TAC representative. Each PARTY and the SCW/0 may also designate an alternate. The purpose of the IC is to make decisions and recommendations on all fiscal, management and administrative issues of the TAC. The IC selects, monitors and provides oversight of the Administrator, the Fiscal Agent, the Contracting Agent, and legal counsel to the TAC. The IC recommends the level and setting of the SWPF to the Commission .
B. Quorum, Voting and Meetings . A quorum of the IC is nine (9) voting members. (Note: the City of San. Jose representative counts as two (~) voting members toward the IC quorum.) The affirmative vote of at least eight (8) voting members of the IC, including PARTIES collectively representing at least forty percent (40%) of the population of the incorporated and unincorporated areas of the County of Santa Clara , is necessary to approve any measure brought before the IC. (For purposes of calculating whether or not the forty percent (40%) figure has been reached, the population of each PARTY shall be counted; however, no population shall be attributed to the SCW/0 due to the fact that it encompasses such a large percentage of the population of the entire incorporated and unincorporated County .) Each member of the IC shall have one vote, with the exception of the City of San Jose which shall have two (2) votes . The IC shall meet at least annually to consider and recommend -approval of the Annual Workplan and Budget to the Commission for the upcoming fiscal year. The Chair may call other meetings of the IC as needed. All IC meetings are open to·the public and to all TAC members .
Participation and discussion by all TAC members and by members of the public is encouraged. The Chair of the IC forwards all recommendations made by the IC directly to the Commiss ion, and also makes an informational report to th~ TAC on the recommendations forwarded to the Commission . The Chair shall strive to achieve consensus among IC members. Consensus is defined as general agreement in sentiment or belief. If clear consensus cannot be reached , the Chair will call for a vote of the voting members present. In such event , the Chair will report the recommendation of the IC along with the dissenting opinion(s) and viewpoints, to the Commission and to the TAC. In the event of a tie, the Chair will report that outcome and the viewpo int(s) expressed that led to that outcome . In the alternative , the Chair may, in the Chair's sole discretion, re-agendize the item for another IC meeting .
C. Use of Outside Contractors. The IC is responsible for selecting any consultant(s) or contractor(s) ("Outside Contractors") to perform tasks included in the Commission approved Annual Workplan and Budget and who are to be paid from Countywide Funds, using a process created in consultation with the Contracting Agent. The IC is responsible for reviewing and approving the parameters of any contracts with Outside Contractors , including the scope(s) of work, schedules of performance, use of subcontractors, and compensation for such Outside Contractors. The IC then directs the Contracting Agent to conduct the procurement process for Outside Contractors and to execute contracts with the selected Outside Contractor(s) .
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VII. TAC SUBCOMMITTEES
A. Issue and Policy Subcommittees. Issue and policy subcommittees shall be established as needed by the TAC . The TAC will evaluate and establish standing Subcommittees in December of each year. Additional Subcommittees may be established at other times. throughout the year as needed.
B. Membership and Meetings. Membership on all issue and policy Subcommittees is open to all TAC voting members and designated alternates. There is no maximum size for each Subcommittee . The TAC shall appoint a Chair for each Subcommittee . A quorum is two (2) or more Subcommittee members . Subcommittees may elect a Vice Chair to serve in the Chair 's absence . Subcommittee chairs shall be responsible for calHng and chairing meetings. The Subcommittee chairs shall approve the draft agenda and report the activities and recommendations of the Subcommittee to the TAC.
Subcommittee chairs shall strive to achieve consensus among members . Consensus is defined as general agreement in sentiment or belief. If clear consensus can·not be reached, the Chair will call for a vote of the voting members present. In such event, the Chair will report the recommendation of the Subcommittee along with the dissenting opinion(s) and viewpoints, to the TAC . In the event of a tie, the Subcommittee Chair will report that outcome and the viewpoint(s) expressed that led to that outcome . In the alternative , the Subcommittee Chair, in consultation with the TAC Chair, may decide to re-agendize the item for discussion at .another meeting .
C. Ad Hoc Subcommittees . The TAC may establish Ad Hoc Subcommittees as needed to address specific issues or problems. The TAC shall appoint a Chair for each Ad Hoc Subcommittee . All Ad Hoc Subcqmmittees shall follow the same operating procedures as the standing issue and policy subcommittees . The TAC Chair shall monitor the work of all Ad Hoc Subcommittees , and all such Subcomm ittees shall be promptly disbanded by the TAC once their tasks have been accomplished.
VIII. TAC ADMINISTRATOR
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A. Duties. The TAC Administrator provides administration and management services to the TAC and carries out the Annual Workplan . Duties of the Administrato r include , but are not limited to: scheduling meetings of the TAC and all committees, subcommittees -, and ad hoc subcommittees; preparing agendas and meeting minutes ; maintaining all TAC records and files; notifying the TAC of correspondence received and preparing outgoing correspondence; complet ing all tasks in the Annual Workplan; providing monthly reports at TAC meetings on the status of the Workplan; and other duties as directed by the IC. The Administrator reports to the Chair of the TAC. The Administrator shall work cooperatively and collaboratively with the IC, the Fiscal Agent and the Contracting Agent. The Administrator is paid from funds in the adopted TAC budget.
B. Selection . The IC shall select a PARTY or an Outside Contractor to serve as the Administrator for the TAC . The IC will receive and evaluate proposal(s) and make a recommendation to the Commission on selection of an Administrator , as further described in Attachment 2.
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C. Initial Administrator . The initial Administrator for the TAC shall be the County of Santa Clara, Integrated Waste Management Division ("County IWMD''). The initial staff provided is described on Attachme_nt 1. In the event of a change in the initial staff, the procedures described in Attachment 2 shall be followed. In the event the IC determines there is a need for a change in the Administrator in the future (due to costs, availabil ity of designated employees or for other reasons) , or in the event the County IWMD is unable or unwilling to serve, the procedures for selection of a new Administrator in Attachment 2 shall be followed.
D. If Administrator Is Also A PARTY. In the event the Administrator is a PARTY, that PARTY shall appoint a TAC/IC representative whose function is to represent the PARTY's point of view on issues,. policy and fiscal matters. The PARTY 'S TAC/IC representative shall be a person who is not be involved in the work of the Administrator .
This designation shall be made in writing on the PARTY'S letterhead to the Chair of the TAC. The person(~) fulfilling the duties of the Administrator shall act as staff to the TAC , TAC committees and subcommittees, and to the-IC.
E. Contract With Administrator . All duties and responsibilities of the Administrator, and a list and description of all staff assigned to provide Administrator services , shall be included in a contract between the Contractin_g Agent and the Administrator . The contract term may be for a single year Of for multiple years, at the discretion of the IC. In the event that the Administrator is a PARTY, a letter agreement will be prepared between the Contracting Agent and the Administrator , containing all of the duties, responsib ilities, staffing commitments and costs for the Administrator to serve for the upcoming fiscal year. The letter _agreement will include the Annual Workplan and costs for the Administrator 's services . The letter agreement shall state that the Administrator agrees to provide the described services at the approved costs for the upcoming fiscal year and that all employee and overhead costs will be maintained at the levels specified in the agreement for that fiscal year. With regard to the initial Administrator, the first letter agreement shall be prepared and executed prior to July 1, 2014 to reflect the costs and the scope of work to be performed for FY 2014/15. If the Administrator and the Contracting Agent are the same PARTY, the letter agreement will be prepared and signed by a staff person designated to represent the Administrator and also signed by a separate staff per.son designated to repres~nt the Contracting Agent.
F. Annual Workplan and Budget. As the work of the TAC progresses each year, the Administrator will maintain a list of potential work items to be placed in the Annua l Workplan for the upcoming fiscal year. Beginning with preparation ofthe · Annual Workplan and Budget for fis_cal year 2014/15, the following schedule will apply. In November of each year, the IC will review the list of potential work items compiled by the Administrator, add additional items as needed, and direct the Administrator to prepare a proposed Workplan and Budget for the upcoming fiscal year. The proposed Annual Workplan will contain the elements described in Attachment 3.
The Administrator shall submit the final draft of the proposed Annual Workplan and 10 TAC MEMORANDUM OF AGREEMENT
Budget to the IC no later than December 15 of each year . If required , the IC will provide revisions and comments to the Administrator, who will then revise and finalize the Annual Workplan and Budget The IC will approve the Annual Workplan and Budget ori or before January 31 of each year and forward it to the Commission for approval. Commission approval is anticipated to be during the month of February. Upon approval by the Commission , the Contracting Agent will prepare agreements with the Administrator, the Fiscal Agent and the Contracting Agent that include the approved Annual Workplan and Budget (for the Administrator) and the approved costs and duties (for the Fiscal Agent and the Contracting Agent) as described in Sections VIII E, IX D and X C. The agreements will be signed by designated representatives of the Administrator , the Fiscal Agent and the Contracting Agent. In the event the Administrator , the Fiscal Agent and/or the Contracting Agent are the same PARTY, that PARTY shall designate separate representatives to execute the agreements on behalf of the Administrator , the Fiscal Agent and the Contracting Agent. Said agreements shall be fully executed and in place prior to July 1 of each year.
G. Annual Reporling and Evaluation. The Administrator shall prepare a self evaluation/audit report to the IC including significant accomplishments, work items planned but not accomplished , work items not planned but completed, and the status of all work items in the Annual Workplan . The report will include recommendations and suggestions for improving the work of the Administrator and will be subm itted on or before September 15 each year. The IC will consider the report at a regular meeting and discuss and provide recommendations and feedback to the Administrator . The IC will · rate the overall implementation and effectiveness of the Workplan and, in turn, rate the performance of the Administrator based upon the ability of the Admin istrator to meet the timelines and budget in the Workplan and to effectively support the Commission and the TAC. The final recommendations and feedback of the IC will be recorded in the minutes and also in a letter from the IC Chair to the Administrator . This feedback will be used by the Administrator to make any required changes in operations, procedures and/or work tasks for the next fiscal year. In addition to the annual review of the Administrator, the IC may, at any time, discuss questions, concerns or issues of performance with the Administrator.
IX. FISCAL AGENT
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A. Duties. The Fiscal Agent serves as the treasurer of the Countywide Funds and is responsible for collecting the SWPF from all solid waste disposal facilities and non disposal facilities located within Santa Clara County. The Fiscal Agent also collects and receives grant funds and revenues from other sources. The Fiscal Agent shall diligently pursue collection of all SWPF funds and shall keep the IC apprised of the amount and entity owing delinquent payments, as well as of the status of collection activity initiated by the Fiscal Agent regarding the delinquent payments . The Fiscal Agent shall manage all funds in accordance with generally accepted governmeht accounting procedures . The Fiscal Agent shall keep Countywide Funds segregated from all other funds administered by the Fiscal Agent in separately numbered and coded accounts that are readily identifiable as those containing Countywide Funds; shall credit appropriate interest income earned on such funds in each fiscal year ; and shall not expend, use or transfer 11 TAC MEMORANDUM OF AGREEMENT
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any funds except in accordance wlth the Annual Workplan and Budget approved by the IC and the Commission , or as otherwise directed by the IC. In the event the Fiscal Agent is not also the Contracting Agent , the Fiscal Agent shall transfer Countywide Funds to the Contracting Agent as direGted by the IC, in accordance with the procedures in Attachment 5. The Fiscal Agent shall work cooperatively and collaboratively with the IC, the Administrator , and the Contracting Agent.
B. Initial Fiscal Agent. The initial Fiscal Agent shall be the County of Santa Clara.
The specific contact person shall be designated in writing to the Administrator and to the TAC Chair. In the event the IC determines there is a need for a change in the Fiscal Agent in the future (due to costs, lack of availability of designated emp loyees or for other reasons), or in the event the County is unable or unwilling to serve , the follow ing procedures for selection of a new Fiscal Agent shall be followed .
C. Selection. Any PARTY willing to serve as the Fiscal Agent may be nominated by another PARTY . The nominated PARTY(IES) will submit a letter proposal to the IC containing the costs for performing the services of the Fiscal Agent, including all employee and overhead costs and all proposed expenses . If the same PARTY is also already serving , or is proposing to serve, as the Administrator, the Contracting Agent , or both, the proposed costs to perform each _function shall be separately specified . The IC will hold discussions with representati ves of the nominated PARTY(IES) as needed. The recommendation of the IC will be forwarded to the Commission for approval. Upon receipt of Commission approval , the Contracting Agent will execute an agreement with the new Fiscal Agent that includes the approved costs for the PARTY to provide Fiscal Agent services for the upcoming fiscal year.
0 . Payment For Services. The Fiscal Agent shall provide the Administrator with proposed costs to perform the duties of TAC Fiscal Agent for the upcoming fiscal year upon request. The proposed costs shall be at the level of detail described in Attachment
2. If the Fiscal Agent is also serving as the Administrator , the Contracting Agent, or both, the proposed costs to perform each function shall be separatery specified . The proposed costs will be reviewed by the IC as part of review of the Annual Workplan and Budget. If there is a question or concern about the proposed costs , the Chair of the IC and the Administrator will meet with the Fiscal Agent concern ing the issues . Upon approval of the Annual Workplan and Butlget by the IC and the Commission, the Contracting Agent will prepare an agreement to be signed by the Fiscal• Agent and the Contracting Agent to perform services for the new fiscal year. In the event that the Contracting Agent and the Fiscal Agent are the same PARTY , the agreement shall be signed by the designated employee of the PARTY serving as the Fiscal Agent and the (separate) designated employee of the PARTY serving as the Contracting Agent.
E. Quarterly and Annual Budget Status. The Fiscal Agent shall prepare and subm it quarterly budget updates to the IC every three (3) months , and shall provide a Year-End Budget Report . These reports shall be formatted in a clear and concise manner such that all expenditures , revenues , movement of monies , reallocation of funds and adjustments to the budget are detailed by project and line item (i.e. numerical reference and narrative 12 TAC MEMORANDUM OF AGREEMENT
description) .-The Year-End Budget Report shall be submitted to the IC on or before October 31 each year. The IC may, at any time, request additional budget ihformation, detail, documentation and updates . The Fiscal Agent shall respond promptly to all such requests .
F. Biennial Audit. The Fiscal Agent shall arrange for an audit by an independent third party Certified Public Accounting Firm (CPA) to be conducted every other year beginning with. an audit of the 2013/14 fiscal year. The Fiscal Agent may utilize the CPA firm retained by the jurisdiction of which the Fiscal Agent is a part, to perform that PARTY 's annual audit. In such event, the results of the audit of the Countywide Funds and accounts shall be clearly and separately called out in the CPA's audit report. The results of the audit shall be reported to the IC on or before January 15 every other year.
G. Evaluation of the Fiscal Agent. Each year, the Fiscal Agent shall prepare a self evaluation , along with the Year-End Budget Report , for submittal to the IC. The self evaluation will include a description of key work tasks performed, any duties or tasks not co~pleted, and any non-planned work tasks completed. The report will include recommendations and suggestions for improving the services of the Fiscal Agent. The self-evaluation shall be submitted at the same time as the Year-End Budget Report. The IC will review the report at a regular meeting and discuss any suggested or needed changes or improvements . The IC will rate the overall performance of the Fiscal Agent based upon the ability of the Fiscal Agent to perform its duties in a timely manner and in accordance with all requirements of this Agreement. The final recommendations and feedback of the IC will be recorded in the minutes and also in a letter from the IC Chair to the Fiscal Agent. This feedback will be used by the Fiscal Agent to make any required changes in operations and procedures and/or work tasks for the next fiscal year. In addition to the annual review of the Fiscal Agent, the IC may, at any time, discuss questions , concerns or issues of performance with the designated representative of the Fiscal Agent.
X. CONTRACTING AGENT
A. Duties. The Contracting Agent execute$ contracts with Outside Contractors, including the Administrator and the Fiscal Agent. (where applicable) that have been requested and approved by the IC. The Contracting Agent consults with the IC to establish a procurement process for Outside Contractors, and then conducts that process once the IC has approved a scope of work, schedule , budget and other parameters of the contract that will be awarded by the Contracting Agent. The Contracting Agent shall conduct the procurement process and execute all contracts within a reasonable period of time after being directed to do so by the IC. The Contracting Agent shall provide a copy of any contract executed on behalf of the TAC to any PARTY, ·any TAC member, and to any PARTY or person designated by any PARTY or the IC upon request. The governing body of the Contracting Agent , at its discretion , may delegate authority to execute agreements and contracts approved by the IC to a designated employee . Notice of any such delegation of authority shall be provided in writing to the Chair of the IC and to the Administrator.
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In the event the Contracting Agent is not also the Fiscal Agent, the Contracting Agent shall receive Countywide Funds transferred to the Contracting Agent by the Fiscal Agent on a periodic basis as described in Attachment 5. The· Contracting Agent shall manage all Countywide Funds in accordance with generally accepted government accounting procedures. The Contracting Agent shall keep Countywide Funds segregated from all other funds administered by the Contracting Agent in separately numbered and coded accounts that are readily identifiable as Countywide Funds, and shall not expend, use or transfer any funds except as specifically directed by the IC. At the close of the fiscal year, the Contracting Agent shall, pursuant to the procedures in Attachment 5, comply with all directions from the IC with regard to retention of funds for contracts with Outside Contractors that are still in effect, and with regard to return of unexpended or unencumbered funds to the Fiscal Agent. The Fiscal Agent shall work cooperatively and collaboratively with the IC, the Administrator, and the Contracting· Agent. 8 . Initial Contracting Agent. The initial Contracting Agent shall be the County of Santa Clara. The specific contact person shall be designated in writing to the Administrator and to the TAC Chair. In the event the IC determines there is a need for a change in the Contracting Agent in the future (due to costs, lack of availability of designated employees or for other reasons), or in the event the County is unable or unwilling to serve, the procedures for selection of a new Contracting Agent shall be the same as those for selection of a Fiscal Agent as described in Section IX C.
C. Payment For Services . The Contracting Agent shall provide the Administrator with proposed• costs to perform the duties of TAC Contracting Agent for the upcoming fiscal year upon request. The proposed costs shall be at the level of detail described in Attachment 2. If the Contracting Agent is also serving as the Administrator, the Fiscal Agent,,or both, the proposed costs to perform each function shall be separately specified.
The proposed costs will be reviewed by the IC as part of review of the Annual Workplan and Budget. If there is a question or concern about the proposed costs; the Chair of the IC and the Administrator will meet with the Contracting Agent concerning the issues.
Upon approval of the Annual Workplan and Budget by the IC and the Commission, the Administrator will prepare an agreement to be signed by the Contracting Agent and the Administrator to perform services for the hew fiscal year. In the event that the Administrator and the Contracting Agent are the same PARTY, the agreement shall be signed by the designated employee of the PARTY serving as the Contracting Agent and the (separate) designated employee of the PARTY serving as the Administrator.
D. Annual Contract Status Report. The Contracting Agent shall prepare and submit an annual report to the IC on the status of all contracts (listing all contracts in progress, expired, terminated, and the amount of work and budget remaining in each) on or before October 31 each year. The report shall also note the amount of Countywide Funds held by the Contracting Agent, and specify the amount(s) of funds encumbered for contracts, and the amount(s) of funds that are unspent and unencumbered. The IC may, at any time, request additional information, detail, documentation and updates on any or all contracts. The Contracting Agent shall respond promptly to all such requests. 14 TAC MEMORANDUM OF AGREEMENT
E. Audits. The Contracting Agent shall cooperate with and provide all information and documentation required in order to complete the bi-annual audit described in Section IX F. In the event the IC decides that any actions or activities of the Contracting Agent are not in compliance with this Agreement, or if the IC determines there are other reasons for an audit to be performed, the IC may perform an audit of the Countywide Funds received and expended by the Contracting Agent. In such event, the Contracting Agent shall cooperate fully, and in a timely manner, with persons performing the audit.
F . .Evaluation of the Contracting Agent. Each year, the Contracting Agent shall prepare a self-evaluation, along with the Annual Contract Status Report, for submittal to the IC. The self-evaluation will include a description of key work tasks performed, any duties or tasks not completed, and any non-planned work tasks completed. The report will include recommendations and suggestions for improving the services of the Contracting Agent. The self-evaluation shall be submitted at the same time as the Annual Contract Status Report . The IC will review the report at a regular meeting and discuss any suggested or needed changes or improvements. The IC will rate the overall performance of the Contracting Agent based upon the ability of the Contracting Agent to perform its duties in a timely manner and in accordance with all requirements of this Agreement. The final recommendations and feedback of the IC will be recorded in the minutes and also in a letter from the IC Chair to the Contracting Agent. This feedback will be used by the Contracting Agent to make any required changes in operations and procedures for the next fiscal year. In addition to the annual -review of the Contracting Agent 1 the IC may, at any time, discuss questions, concerns or issues of performance with the designated representative of the Contracting Agent.
XI. LEGAL COUNSEL
A. Selection. The IC may select an attorney or firm that is experienced in solid waste, recycling and municipal law to research legal issues, proposed legislation, and to provide legal advice to the TAC ("Legal Counsel") as provided for in the Commission approved Annual Workplan and Budget. Legal Counsel may be a City Attorney or County Counsel (i.e. an employee of one of the PARTIES) or may be an outside attorney or law firm. The IC will interview and select Legal Counsel as needed , and direct the Contracting Agent to prepare a contract with Legal Counsel for the provision of legal services. The IC shall direct the work of Legal Counsel. The Administrator may assist in coordination of activities with Legal Counsel, but shall not give direction without prior authorization from the IC. Legal Counsel shall not be responsible for providing legal advice to individual PARTIES related to their individual compliance with Public Resources Code Section 40000 et. seq., but may provide such services under separate contract with any PARTY or PARTIES .
XII. OTHER AGREEMENTS OF THE PARTIES
A.. Term of Agreement. The term of this Agreement shall commence on the date the last duly authorized representative of the PARTIES executes it. This Agreement shall remain in effect until terminated by the PARTIES or until eight (8) or more PARTIES containing more than fifty percent ( 50%) of the population of the incorporated and unincorporated areas of County of Santa Clara withdraw from the Agreement, whichever 5/6/13 15
TAC MEMORANDUM OF AGREEMENT
5/6/13
occurs first. A PARTY may withdraw _ from the Agreement by providing written notice to the Administrato r, stating the effective date of the PARTY 'S withdrawal. The withdrawal of a PARTY shall not entitle that PARTY to receive or retain any portion of the SWPF .
B. Ethical Code of Conduct. All TAC members and Alternates shall adhere to the Ethical Code of Conduct in Attachment 4. All TAC members and Alternates shall attend a TAC-sponsored ethics training every other year beginning in FY 2013/14. The Adm inistrator shall arrange for this training and include the cost in the Annua l Workplan and Budget for each year the training is required to be conducted . ·C. Counterparts. This Agreement may be executed and deliv~red in any number of copies ("counterparts ") by the PARTIES , including by means of facs imile and e-mail of PDF copies . When each PARTY has signed and delivered at least one counterpart to the Administrator , each counterpart shall be deemed an original, and taken together , shall constitute one and the same Agreement, which shall be binding and effective as to the PARTIES hereto .
D. Non-Compliance With State and Federal Laws. No PARTY shall, by entering into this Agreement , participating in the TAC or the IC, or agreeing to serve as Administrator , Fiscal Agent, Contracting Agent, and/or Legal Counsel, assume or be deemed to assume responsibility for any other PARTY in complying with the requirements of state and federal solid waste and recycling laws, including but not limited to, the California Integrated Waste Management Act of '1989 as amended (Public Resources Code Section 400000 et seq) . This Agreement is intended solely for the convenience and bene'fit of the PARTIES hereto and shall not be deemed for the benefit of any third party and may not be enforced by any third party , inciuding, but not limited to, the United States Environmental Protection Agency and the California Department of Resources , Recycling and Recovery, or any person acting on their behalf or in their stead.
E. Indemnification. In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the PARTIES pursuant to Government Code Section 895 .6, the PARTIES agree that all losses or liabilities incurred by a PARTY, or by the Santa Clara Valley Water District in carrying out its duties under Section VI.
Implementation Committee shall not be shared pro rata, but instead the PARTIES agree that pursuant to Government Code Section 895.4 , each of the PARTIES hereto shall fully defend , indemnify and hold harmless each of the other PARTIES , and the Santa Clara Valley Water District in the carrying out of its duties under Section VI. Implementation Committee, from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying PARTY , its officers agents or emp loyees, or in connection with or arising from any work, authority or jurisdiction delegated to such PARTY under this Agreement. No PARTY, nor any officer, board member , employee or agent thereof, shall be responsible for any damage or liability incurred by reason of the negligent acts or omissions or willful misconduct of the other PARTIES hereto, their office rs, board members, employees or agents under or in connection with or arising from any work , authority or jurisdiction delegated to such 16 TAC MEMORANDUM OF AGREEMENT
5/6/13
PARTY under this Agreement.
F. Entire Agreement. This Agreement supersedes any prior arrangement or agreement among the PARTIES regarding the composition, structure, duties and powers of the TAC including , but not limited to, the TAC Rules of Procedure dated May 22, 2006, but does not supersede any other agreements between any of the PARTIES. ,.~ f •• \. ~ • -l t 1 f
G. Amendments. This Agreement may be amended 6fon~ri(m'6'u~.written agreement of the PARTIES . All PARTIES agree to bripg:;s1r:iy.-proposed ~b1'endments to this Agreement to their Council or Board, as applit~1bll ·wltii1n ·three (3J months following acceptance by the IC. The IC shall, on a biennial basis, evaluate this Agreement and determine if any amendments are needed . The first biennial evalyation shall be in 2015.
The IC may recommend amendments on a more frequent basis if desired.
H. Venue. In the event that suit shall be brought by any PARTY to this Agreement , the PARTIES agree that venue shall be exclusively vested in the state courts of the County of Santa Clara, or where otherwise a.ef{t~ia~ te'){-cll\i'§rt,~1~Y-ffitf~{tjnited States District Court, Northern District of California~\~s\lJ,qi~ ,;g~fi~r1J1\~1:~:~:~~~ .z ioaiv1squ?.
I. Attachments. Attachments 1 through 5 are attached .hereto .and·lnc'o~porated herein ·by this reference.
17 TAC MEMORANDUM OF AGREEMENT
IN WITNESS WHEREOF , the PARTIES hereto have executed this Agreement as of the dates shown below.
By: PRE-S-:--rr.,+. -,.;;;z--+---HJ-----
APPROVED AS T~ORM:r":)
By: li1ud! I~ o/0J;?t)13
Deputy County Counse l
KEN YEAGER
~ and certified that a copy of 1118 ·
documlnl has beftn delivnd by elldlOnk::
or other mea·ns to the Presfdent. Board of
Supervlsots.
~ - / np _egad_aoi. I . . . - - -
Boafflupe~
'
5/6/ 13 18
TAC MEMORANDUM OF AGREEMENT
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below.
COUNTY OF SANTA CLARA , a public entity of-the State of California Date: APPROVED AS TO FORM: ------- - ----
By: ________ _ _
Chair, Board of Supervisors
CITY OF CAMPBELL
Date: July 17 , 2013
Byd/;(£~
Title: __ c,.,..i:t....,y ...... w .... ~-n-a~91;1.,..,:,; __ _
CITY OF -------
Date: ----------
By: __________ _
Name: ---------
Title: ---------
5/6/13
By: ___ ______ _
Deputy County Counsel
ATTEST :
Date: ----------- -
By: __________ _
APPROVED AS TO FORM:
By ~
Name· William R Sel igman n
Title : Cj ty Attorney
APPROVED AS TO FORM:
By: __________ _
Name: --------
Tit I e: ________ _ ,
l9
TAC MEMORANDUM OF AGREEMENT
CITY OF CAMPBELL
Date: ----------
By: ---------------Name: M~rk Lind~ir
Title: Clfy Manag~r
CITY OF CUPERTINO
Date: . ! /,y:/13
By: (}A4d0fuhl1hi /£t
Nam~: David Bra.ndt ()
Title , City Manager
CITY QF GILROY
Date: ------ ----
By: _________ _
Name: Tho111as Haglund
Title: City Administrator
CITY OF LOS ALTOS
Date; ----------
By: _________ _
Name :· Marcia Somers
Title : City Manager
TOWN OF LOS ALTOS HILLS
Date: ----------
By: _ ______ _ _ _
Name : Carl Cahill
Title:· City Manager
5/6/13
APPROVED AS TO F0RM :
By: __________ _
Name: --------Title: City Attorney
APPROVED AS TO FO_RM:
ijy~~ N~ineCtl/=
~lie: City Attorney
APPROVED AS TO FORM:
By.: __________ _
Name: · ·--------Title: City Attorn~y
APPROVED AS TO FQRM:
By:;_ _________ _
Name : --------
Title: ---------
APPROVED AS TO FORM:
_By: __________ _
Nam~: _______ _
Title: Town Attorney
19 l
i :
i'
i
! •
TAC MEMIDRANDUM ,t)F A<3Rl5"EMEN.T
CITY OF ·CAMPBELL
Date: --=------ ---
CITY OF CUPERTINO
Date: ----------
ay: _________ _
N~m-l;lf P~ViP. ~t~mft
Title'. . CitY Manager
C!TV·QF ~ILROY
~~ av, __________________ _
Na e: Tbomlls Hti IIJ d .rnt .. • >• .,,.•,••••• ,7_,.,Q,h'l • • Titie: City Admhiistratet
CITY OF LOS ALTOS
Dale: ----------
By: _________ _
N.~rne:, M~r~j~ S~m~~
Title: City Man~ger
TOWN OF LOSA~TQS HILLS-
Date: ________ _ _
By: _________ _
Name: Cijrl Cahlll
Title: City Manager
5/6/13
APPROVED AS TO FORM:
~y; __________ _
Np_m~;,_ ______ _
Title: Cify .. -A~torney
APPROVE.OAS TO FORM:
ay; .
,r· m-.. .-·-e,-·""""·----------'Jt. ·.• ... .. , .
Title: City Att0t·ney
' APPROVEO AS.TO ·fQRM:
ijy; of~a.~
N·arne: L- 1 ALQ e
fitie; City Attorney
ATTEST:
A ~ Cri t-Larv
City Clf;Jrk
APP~bVEP AS TO FORM:
~y;_. _________ _
Name: ------'---Tit I e: ________ _
APPROVED AS TO FORM:
8y: ________ __ _
Name: --------Title: Town Attorney
19 TAC MEMORANDUM OF.AGREEMENT
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below.
COUNTY OF SANTA CLARA, a public entity of the State of Cafifornia Date: APPROVED AS TO FORM: -----------
By: __________ _
Chair, Board of Supervisors
c1rv oF Los- tr&bs
Date: 1--q --{ ~
By: /~~
Name :z~kWtt'
Title:ny~-
CITY OF -------
Date: ----------
By: _________ _
Nan:,e : _______ _
Title: ---------
5/6/13
By: __________ _
Deputy County Counsel
ATTEST:
Date: __________ _
By: ----------
APPROVED AS TO FORM:
APPROVED AS TO FORM:
By: _________ _ _
Name: --------Title: ---------
19 TAC MEMORANDUM OF AGREEMENT
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below.
COUNTY OF SANTA CLARA, a public entity of the State of California Date: ____ ______ _ APPROVED AS TO FORM:
By: ___ _______ _
Chair, Board of Supervisors
CITY OF LOS ALTOS HILLS
Date: )O/J4} 2,_0l3
By: c0i~llfl Name : ca:ricali1
Title: city Manager
CITY OF _____ _
Date: ----------
By: _ _ ________ _
Name : - ----- --Tit I e: ---------
5/6/13
By: ____ ______ _
Deputy County Counsel
ATTEST :
Date: -----------
By: ____ _____ _
APPROVED AS TO FORM:
By: ~~-::::::::-=>=--- ·
Name : Steve Ma t tas
Title: city Att orney
APPROV~D AS TO FORM :
By: _____ _____ _
Name : --------Tit I e: ---------
19 TAC MEMORANDUM OF AGREEMENT
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below .
COUNTY OF SANTA CLARA, a public entity of the State of California Date: APPROVED AS TO FORM: ------- -----
By: _________ _ _
Chair, Board of Supervisors
CITY OF _____ _
Date: --- -------
By: _________ _ _
Name: --------Tit I e: ________ _
5/6/13
By: ----------- · Deputy County Counsel
ATTEST :
Date : ------ -----
By: ----------
APPROVED AS TO FORM :
APPROVED AS TO FORM :
By: ____ ______ _
Name : --------Tit I e: ---------
19 TAC MEMORANDUM OF AGREEMENT
Title: City Manager
TOWN OF LOS GATOS
Date: - - ------- -
By: __________ _
Name: Greg Larson
Title: Town Manager
CITY OF MILPITAS
By:_ ~~~~-----~
Nam
Title:
CITY OF MONTE SERENO
Date: ----------
By: _ ________ _ _
Name: Brian Leventhal
Title: City Manager
CITY OF MORGAN HILL ·
Date: - ----- - ---
By: ___ _______ _
Name: Steve Rymer
Title: City Manager
5/6/13
Title: Town Attorney
APPROVED AS TO FORM:
By: __________ ~
Name: --- ----- -Title: Town Attorney
APPROVED AS TO FORM:
APPROVED AS TO FORM:
\
By: ___________ ~
Name : ----- ----Title: ---------
APPROVED AS TO FORM:
By: ___ ______ _ _
Name : - --- ----Ti tie: City Attorney
20 TAC MEMORANDUM OF AGREEMENT
TOWN: OF· LQ~· -GATOS
Datei -------- - -
By: __________ _
Ni;1me: G_reg Larsen
Title; Town Manager
CHY OF MILPITAS
Date: --------- -
By:.,..,___,.... ________ _
N~'ine:'Tom WiJfiarns
Tjtle~ C,ity M.an.~ger
CITY o·F MONTE ·s.ERENO
BY,t.........,:::...._~::;;2::.._.,,;a~=::::::::;.:1,....-__ Na . ~~ _ _
nt1e< GJty M~n~ger
'CITY QF MORGAN Hll:.L.
Date:'" ----------
.By:~---------
Name:- Steve Rymer
Title~ Cffy Man·ager
5/6/13.
APP.ROVED AS TO FORM:
Sy: ____ _ ____ _
Narn~:--------11t1e: Town Attorney•
APPROVED AS T.O FORM:
By: _____________ __
Npme :. M.i~flp_~I· J. Qgaz
Title: City. Attorney
APPROVED)\$· TO FORM:
s ·.-~~- .1°~
.Y.•-----------
N.a.rne· :Ki rs ten Powell
Title: Ci ty Attorney
APP.R'OVEO,AS.tO fQRM{
By~ -----------Name·: --------Tit I e: · City Attoroey
20 JiAC:MEMQRANbidM·o'F AGREEMEN,T
ba1e: -- --- -----
B.y: ________ _
~~m!ir <lr~g La_rs~m
Titl~i ToW_n · Man.~_,fer
CJTY OF Mll'..P.ITAS
Oat.¢: . .,__ ______ __ _
By:_....,....,...,---,,,~-----
Nc;1m~:·Torn ;\Ni!Harn$:
Title: ·Gi.ty. M~f.!~g~f-
Date,~. ____ ____ _
8~_: ____ -=-----------,
N~me.:~ J:fria11 Lov~nth~I
Titl~; CIW M~rt~g-~f
GITY ·OF MORGAN HILL
Dat~: ··,~/,l 3
'l --
sv: ~~ Narr,e-:·7aveRymer
Title~ C1fy Manager
5/6/13
APP,ROVED AS TO. FO.RM:
.ay: ___ ..,,.,,......=-------~ N·~m~; _______ _
Title~ T OWA' ;Mtorney.·
APPROVE·b· AS TO FORM:
8y: -
N~me i. ,Mi~~~-~1 -.J, @g~t
Title: City Attotney
AP.PROVED ~S TO tORM:
·.B'y: _ __ ~---· ..,....·-----
N,'am~ : rh1~~ -----~--
20 TAC' MEMORANDUM OF-AGREEMENT
CITY OF MOUNTAIN VIEW
D~te: "'7,LV- 13
By: ~_,jJ~ ~
Name:· Danie( H.1ch ·
Title: City Manager
CITY OF PALO ALTO
Date: ----------
By:_. ---------
Name: James Keene
Title: City Manager
CITY OF SAN JOSE
Date:· ----------
By: __________ _
Name: Norberto Duenas
Title: _Deputy City Manager
CITY OF SANTA CLARA -
(
D:;1te: _________ _
By: _____ _ ____ _
Name: Julio J. Fuentes
Title: City Manager
CITY OF SARA TOGA
Date: --- -------
-'
By: __________ _
Name: Dave Anderson
Title: City Manager
5/6/13
APPROVED AS TO FO~
By:__,41F---"'--"-'~-...:;...::J-(X ____ _
Nam' : annie L. 0!-)inn I
Title: ity Attorney .
APPRO\/l:D AS TO FORM:
By: __________ _
· Name: ______ _ _
Ti~le: City Attorney
APPROVED AS TO FORM:
By: __________ _
Name: Rosa Tsongtaatarii
Title: s~ni.or Depl,l_ty. City Attorney
APPROVED AS TO FORM:
By: __________ _
Name: Ric~.ard E. Nosky, ·Jr.
Title: City Attorney
.APPROVED AS TO FORM:
By: _______ ___ _
Name: Richard Taylor
Title: City Attorney
· 21
'"l •
, . . . ..
_ ... .
°TAC MEMORANDUM OF AGREEMENT - - - . -
.. . -
- ctrv:·OF·tv1OUNTAIN·Vll~W- : . : - . . . ; . - - .. ' - . - Oa.te: . : . . -------,---,------
' . - • . . ·., ..
-· . .- By_:_-_ .. _- __ ·_._.· __ · _· __ ·:_·_-_·. _ ·.··: By: __ -'--. -'-"-------'---'---- Name: Daniel H . .Rich . Name :-J~nnje L Qu_inn- .
. ·. Title: ·c_i~:~ar:iag~r: , _· .· . . . Title:· ·city Atfor~ey . ,, I'
I ••'
. : . CITYO _F)=?AlO-AL TO
. . - -. . .
. '.' '. ·p~t . '',: .. · ::_ :•' '
APP
. .
: . By:_--,,...,.~___._,"--'-,---,4---~- - : ~y:: .. . . . · .· ·• .. •. • ... Ti;., · ~~0 h;fy Att~~ey
CITY OF·SAN JOSE
,•··.
Date: · ·_ ---------.'' .
By:_··--------~
Name: Norberto-Due~as_
Titl_e:. -_D~pyty._C_ity 1V1an·~ger .
. - . . - . . ~ - -
.· . 'CITY:OF.:SANTA CLARA ''• ' - _-
· .. Date: ····. ----------
.... . ·' . By., .· .. :. : . . . . . ._ .. .
. .: . :Name: Julio J. Fuentes
T~le:··_ -City_Man~g:er ..
·. I •
CITY .OF· SARA i-OGA . . - -
•' .
.O:ate:_··~-·-_:·~ ----,--.----- -~·-
:.- .: . By: : . ·_ .
_·-. Name_: : P:ave·Anderson .
. . · · Till~:· · City Man·age:r ·
S/~/13 ·.
. By: - ! • ·=.
·. Name.: Ro_s~·Tsongt~at_arii
. Title:· Seh_r.~_r"-qeputy City-~ttor.r:iey:
APPROVED AS TO FORM:
-B_y: . - . . -·
· · Name: Rich~rd E." Nosky, Jr.
. Title: City_ ~ttohiey _
·. ·.
·. AP.PROVEl:YAS:TO FORM;·
_- _By:.~---------
Namf:i: Rich~rd Taylor
· Title: City Att_9rriey
21 ·
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l :.
I
TAO MEMORANDUM Of AGREEMENT
CITY O.F MdiJNTAIN Vli=W
B_y:
Nam----=e::-· -D.,-a:n-·i,-e-1 H-.--,-R-. i--,-ih.,...., ---- Title; Cit,, M~.nager
CITY OF, PALO ,ALTO-
~y:. .
Name.:· Jame's Keene
Title: City Manager
By:_· ~~~~~~~~!__
Nam~
.Title; .O,e:puly·-Qify< IVl~n9tJ~r-
p~t_~: .,.---,------- --
By:~·---------
Name:-Juho J, FL!el'.'lte.s
·till~: <lity .'fvlgin~.Q~(
~y: __________ _
Name.: Dave ·Anders·on
litJ~; :~ilfM~n~_ger
5/6fl'3
APPROVE9AS -TO FORM:
tty; '
N_c;1_rne : J.g.noJ:e l.. ·au1rin
TitJ~: -qty, ~tto,:~ey
A.RPRQV~tH\$ _T(T!fQR,fy'I:·
~y:. Nam---_ -ef-: - - ------ - -
'Titl.e:. Cify Attomey
APPROVED A·S "fQ FORM: ·
By;_, ----------Name: -Ridflc),rcj :E. J-.Jps_ky, Jr ..
I.Itl.e: '(;_ity Arto.rne.Y
APPR.01/EP AS. TO FORM:
By: __________ _
~iin(;!~ Ricli.~JP T~ylor
Tj~e:· 'GJt¥ .Att9mey
j,
l
l
I
--,-
. =-·. TACMEMORANDl,JM OF.AGREEMENJ!- ·
CITY. OF MOUNTAIN VIEW:=.= · . . . ' . . . .
..
pate:,...;_::·_;_: '---:----'-'-..;;....;;...:-~-'-'------'-'----' By: .
Name::: D13riieU-I. Rich : : : :
·· · ·1it1~) City .iyla~ager
··c lTY,:OF PALO ALTO 1
:--· _6ate::--- - ' ;-,.,,,--,---~--..,.--:-,-:---~
By: __ --,-'----'-----'--~ ----
Name.: J~mes· Keene·
=- = Title: :.c ity Man·ager _:· ·.· _: · ·. . ., ,
CITY,:OF :SAN; JOSE
·s,y~_-_· ----'----- ~ ----
N~me: Norberto b.aerias :
Title: :Deput,-Gf~ _Manager
CITY: OF ·SANTA. CLARA _
B
N.
iifle: _ _ . r -
.: : . CIT'(QF ,SARAJQGA
By; :_.
Name: Dave Anderson
Tffle: City-Manag~r
Si6l13
- .
-· ...
APPROVED.AST(} FORM!. · · . . . - .. . . ., . '
• I l• •
:Sy: .....
Narrie : Jannie L. Quinn
,Title:' ~ity ·Attorney : : . _ · ·
A.PPRdV!=.D AS .TO FORiVk .-.. ..
·~y:_· ·_: •_: ---'-------' --'" --"-----'---
· Nam·e: · - --'---- --:--f It I e: City.Atton:1!3Y ·
:.·. -By:_._ ._ .. _ ______ ..__;;_-'---
. = · Na-me : Ros.a Tsongtaatarii ...
Title:· Senfor D~p1.;1W" Cify:Attorney
' • : ' .. J
: ~: + • : -
APPR.OVED AS. TO FQRM:
• • ' ' ' !'
_By'-:. --':-:--:-/'IT-'~~..::...+-.::....,.:=::::....._¥-'---- N_.r,I"'-!--=-- , Jr. -
Ti .. . . . . ·
APPROVED AS TO FORM:
:~y; _________ _
' Name: Richard Taylor
Title:· .City At!oi-ney
21 .,
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TAC MEMORANO:UN1 (!)p A_(fREEMHNT . . '
O~te; .. _. -------------
BY~'--~------ -
Name: P:$nJel H . . ~ich
Title: City Man,;1ger
CITY OP .PALO:ALTO
Date:· ·. _ ,
By: _____________ _
Name~· .J'am.es Keetfe
'fitle: . D,i'ty :Manager
·CITY or=·.sAN JOSE·
Pate: ---------'----------'
·By: - .. ·~--
.Name.: Norberto· ·buelas
Title: Deputy: C:ify .. 1\:11.~'ha_ger
CITY OF SANTA CLARA
· .Date: ----------
By:· ...
.Name'. ,J,ulkl J .. Ftfei;.,te·~r
·T,Uei: c_ify M~n~ger
·CITY OF SARATOGA
D t · .. 1~ 2.r-- ·z_p·; ? · ---- . , a e;;._.· _______ -..1..;..__ sy:9-3~
Name.: Dave-Ar1detson
Title·: Ci_ty Manager ·
5l.6/'r3:
-
AiPF>ROVEH_.t.($ltC:rF.c)Rtvk: _
id , ·.~~; . . . '
N.~-m~rr J,antf:f~'l.-·Quinri '.·
Till~: City A-:ttorr,ey.
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TAC MEMORANDUM OF· AG.R£EMENT
CITY OF SUNNYVALE
APPROVED AS TO FORM:
By:____,<--+~-:_::_-:~4:_-:_:_-:_:_~...,.._- By: chY7!~ ~ ~ Name ers Name: Joah A. Borger
Title: · · 1 e'r Title: ·
5/6/13 22
TAC MEMORANDUM OF AGREEMENT
ATTACHMENT 1
INITIAL STAFFING OF ADMINISTRATOR
The following is the initial staff complement for the Administrator:
Staff Person % FTE Committed
To Administrator
Duties
Elizabeth Constantino , Program Manager II 0.82 FTE
Provides oversight of all Annual Workplan
tasks and all functions of the Administrator.
'•
Lisa Rose, Senior Management Analyst 0.87 FTE
Coordinates the Green Business Program,
serves as staff to the Commission, and
performs various other duties .
Clifton Chew, Management Analyst 0.80 FTE
Serves as staff to the TAC, prepares state
reporting and DRS, and performs various
other duties.
Zachary DeVine , Management Analyst 0.67 FTE
Contracts monitoring , budget tracking ,
Outreach Specialist, and various other
duties .
Sue Sherrin, Associate Management 0.98 FTE
Analyst B, Green Business Specialist
Sarah Smith , Management Analyst 1.0 FTE
Home Composting Education Program
Coordinator
Joanne Chapa, Office Specialist Ill 0.94 FTE
5/6/13 23
% FTE Committed
To County
Unincorporated
Duties
0.18 FTE
0.13 FTE
0.20 FTE
0.33 FTE
0.02 FTE
0.00 FTE
0.06 FTE
TAC MEMORANDUM OF AGREEMENT
ATTACHMENT 2
SELECTION PROCESS FOR THE ADMINISTRATOR
1. Selection. The IC shall select a PARTY or an Outside Contractor to serve as the Administrator for the TAC. As part of the selection process, the potential candidate(s) shall submit a proposal to the IC for providing Administrator services. The proposal shall include: a detailed scope of work for the upcoming fiscal year, detailed costs and work hours for the completion of each task, and a list of the employees proposed to perform each part of the Annual Workplan, as well as the administrative and management duties of the Administrator. The proposal shall also include a resume and description of the education, experience and expertise of each proposed staff member highlighting experience in solid waste management, recycling, diversion programs, producer responsibility, public education and outreach, legislative analysis, budgeting, public sector management, administration and policy development. It is of great importance that each member of the Administrator staff possess a high level of experience and expertise in the listed areas. The proposal shall designate the duties and activities to be carried out by each employee. The IC will revi~w the proposal(s) and conduct interview(s) with the potential Administrator(s). The IC will select an Administrator and recommend approval to the Commission.
2.Change in Administrator Staff. In the event any member of the Administrator's staff is unable or unavailable to serve in the capacity indicated in the original proposal, the IC shall work with the Administrator to .determine if an acceptable alternate staff member is available. This shall include, if desired by the IC, having representatives from the IC participate in the selection process for the alternate staff person; review the resumes, references and writing samples of proposed candidates; attend and participate in interviews; and provide input to the decision-making process for selection of the proposed alternate staff member. If the proposed alternate staff person is not acceptable to the IC, and the IC determines that the employee who is unavailable is a key employee, the IC may give written notice to the Administrator that the TAC will seek another Administrator, and the IC may recommend to the Commission that the selection process for a new Administrator be commenced. Upon receipt of Commission approval, the IC will begin that process. The Administrator shall serve until such time as ei~her a replacement Administrator is selected and approved by the Commission, or (if the Administrator is not a PARTY) until the current contract for the services of the Administrator expires, whichever occurs first. In the IC's sole discretion, the services of the Administrator may be terminated prior to the selection of a new Administrator. In the event the Administrator is not a PARTY, an early termination clause shall be placed in the contract with the Administrator for use by the IC in the event a key staff person becomes unavailable.
3. Key Employee. A "key employee" includes, but is not limited to, any one of the following:
5/6/13
a. An employee who is performing twenty percent (20%) or more of the work hours in the Annual Workplan.
24 TAC MEMORANDUM OF AGREEMENT
5/6/13
b. An employee whose work tasks require a high level of technical expertise and experience in recycling, solid and/or hazardous waste management programs and practices.
c. An employee whose work tasks require a high level of professional judgment that is the product of numerous years of experience in recycling, solid and hazardous waste management, and/or in work for public agencies.
d. An employee whose work tasks involve a high level of interaction with the public (e.g. in trainings, liaison with businesses or non-profit organizations, etc.). e. An employee whose work tasks involve presentations or testimony to public agencies (e.g. City Councils, the Board of Supervisors) and/or community organizations (e.g. service organizations, community groups, homeowner's associations, -etc.).
25 TAC MEMORANDUM OF AGREEMENT
ATTACHMENT 3
ELEMENTS TO BE CONTAINED IN THE ANNUAL WORKPLAN AND BUDGET
1. Scope of Work. The proposed Annual Workplan and Budget will contain a detailed scope of work for each proposed task, the employee ·work hours estimated to complete each task, the name(s) of the specific employees that will perform the work for each task, the cost of the work hours for each task, ·all proposed overhead costs for the Administrator and all other projected costs. If the Administrator is a public agency, the costs may be shown as a percentage of each Full Time Equivalent (FTE) and the cost therefore, as long as the position (such as 'Analyst I') and the name of the employee filling that position are indicated, along with the fully burdened cost of the specified percentage of each FTE. The proposed Annual Workplan shall contain a list of key milestones for each task.
2.Administrative Tasks. The Workplan shall include a task for providing administrative support for the TAC including work hours to prepare meeting agendas, to schedule meetings, attend meetings, prepare minutes and correspondence, and carry out the direction of the TAC and all Committees and Subcommittees. The Workplan shall also include a separate task for providing administrative support to the Commission including work hours to prepare agendas, attend Commission meetings, prepare minutes, and carry out the direction of the Commission, its Committees and Subcommittees.
3. Other Staff Commitments. The proposed Work.plan will contain a listing of the other duties and responsibilities of each assigned employee (other than the work to be performed as AdQ;linistrator for the TAC and the Commission) including the work hours and a general description of the key tasks and projects to be performed. This will serve as a cross-check (regardless of whether the Administrator is a public agency or a private firm) to ensure that the time of each employee is not overcommitted, and that sufficient time exists for each employee to complete all their assigned tasks.
4.Fiscal Agent and Contracting Agent Costs. The Administrator shall consult with the Fiscal Agent and with the Contracting Agent (in the event they are separate PARTIES) and shall incorporate the proposed costs for the services of each into the proposed Workplan and Budget. Such costs shall be clearly and separately identified for each function (and identified separately from those of the Administrator) and shall include the costs for employee time, expenses (such as bank fees), overhead charges and all other proposed costs.
5.Cost Detail For Comparison. The budget shall be formatted in a clear and concise manner such that all projected expenditures and revenues are detailed by project and line item. The proposed Workplan and Budget shall contain sufficient detail about proposed work hours and costs such that a comparison can be made between the proposed costs for the current Administrator, the current Fiscal Agent and the current 5/6/13 26
TAC MEMORANDUM OF AGREEMENT
Contracting Agent, and other potential providers of these services.
6. Projected Amount of Fund Transfer From Fiscal Agent to Contracting Agent. In the event the Fiscal Agent and the Contracting Agent are different PARTIES, the budget shall include the projected amount of funds to be transferred from the Fiscal Agent to the Contracting Agent in order to pay for contracts with Outside Contractors that will be awarded by the Contracting Agent in the upcoming year. Such projections shall take into account all funds currently held by the Contracting Agent (if any) and the amount of such funds already. encumbered for contracts in progress. The projection shall be accompanied by a recommendation as to the frequency of fund transfers from the Fiscal Agent to the Contracting Agent that will be required to fund contracts awarded by the Contracting Agent for the upcoming year (e.g. annual one-time transfer of funds, quarterly transfer of funds, or other recommended timing.) I
?.Discussion Concerning Potential Conflicts. Once the initial draft of the proposed Annual Workplan is prepared, the IC Chair, the Administrator, the Fiscal Agent and the Contracting Agent shall meet to review and discuss the Workplan and shall work cooperatively to identify and address any potential conflicts that could arise with regard to policies of the Administrator, the Fiscal Agent or the Contracting Agent. Examples include proposed sale of recycling containers or other goods at less than the purchase price (i.e. subsidized cost of compost bins for the home composting program); provision of recycling grants, prizes, incentives; and other such items. At the direction of the IC Chair, the Administrator shall further investigate any potential conflicts that have been identified, and shall, in consultation with the Fiscal Agent and the Contracting Agent, research and propose solutions for eac,h. If solutions cannot be found, the issue may be presented to the IC for further consideration and/or the IC Chair may direct the Administrator to revise the Workplan and Budget to remove the items creating the potential conflict. In this event the IC Chair will inform the IC of such action when the Annual Workplan and Budget are considered for approval. 5/6/13 27
TAC MEMORANDUM OF AGREEMENT
ATTACHMENT 4
CODE OF ETHICAL CONDUCT
1. Members shall strive to conduct all meetings, discussions and deliberations in a spirit of collaboration and partnership. Members shall treat all persons with respect and courtesy. In the course of discussions, members shall make their arguments on the merits of the issue rather than engaging in personal remarks or attacks on persons holding positions other than their own.
2. All members shall remain aware that the activities of the TAC are funded by fees , raised from the public; and that the TAC is recommending expenditures of public funds. Members shall act prudently and in the best interest of the public when making fiscal and policy decisions.
3. Members shall voluntarily recuse themselves from all discussions and votes, and shall refrain from expressing any opinion to other members on issues where any one of the following apply:
a. The member holds a financial interest such that the member could financially benefit from the action or issue being considered . b. The member is an owner or investor of a business the TAC is considering doing business with.
c. The member owns land that is being considered for purchase or lease by the TAC or by any program funded by the TAC.
d. A charity, community group or non-governmental organization to which the member belongs or contributes funds would receive funds from the TAC for projects or services.
e. A person in the member's family could benefit financially from the action or issue being considered . Family includes the members' spouse, children, step-children, grandchildren and step-grandchildren, as well as siblings and parents qf the member and the member's spouse.
4. A member recusing themselves shall mean (a) announcing the member has a conflict of interest when the item is opened for discussion , (b) leaving the meeting room before discussion on the matter commences , and (c) not returning to the room until after discussion and any vote on the matter is concluded .
5. Members .shall periodically conduct · a self-assessment and inventory of any potential conflicts of interest they may have and, if the member is unsure whether or not a conflict exists, the member shall discuss the issue with the TAC Chair, the Administrator , TAC Legal Counsel or legal counsel for the member's own agency.
6: In the event a member fails to recuse him or her self during discussion of an issue where the member appears to have a conflict of interest, the Chair of the meeting shall ask the member to recuse him or her self and shall halt discussion about the issue until the member has left the room.
7. Members shall not engage in financial transactions using non-public information nor allow the improper use of such information to further any personal or private interest.
5/6/13 28
TAC MEMORANDUM OF AGREEMENT
8. Members shall not solicit or accept any gift or other item of monetary value from any person or entity seeking official action from, doing business with, or conducting activities regulated by the TAC, or whose interests may be substantially affected by actions of the TAC. Gifts do not include coffee, tea, donuts, discounts available to the general public, greeting cards or plaques of minor intrinsic value. It is appropriate and prudent for members to decline even items of minor intrinsic value from sources described in this section.
9. Members shall not knowingly make unauthorized commitments or promises of any kind purporting to bind the TAC to take any type of action or to approve any contract, program or other commitment.
10. Members shall not use their membership on the TAC for private gain. 11 . Members shall always act impartially and objectively and not give preferential treatment to any organization or individual.
12. Members shall not seek or accept any contract to provide services to the TAC for a period of at least six (6) months after termination of their membership on the TAC.
13. Members shall adhere to, and be vigilant that the TAC adheres to, all applicable . state, federal and local laws and regulations.
14.AII members shall participate in a TAC-sponsored Ethics Training bienoially.
15. Members shall endeavor to avoid any actions or statements that violate, or that create the appearance that they are ·violating, the law or any ethical standards ·set forth in this Attachment.
5/6/ 13 29
TAC MEMORANDUM OF AGREEMENT
ATTACHMENT 5
PROCEDURES FOR TRANSFER OF COUNTYWIDE FUNDS FROM FISCAL AGENT
TO CONTRACTING AGENT
The following procedures shall be used in the event the Fiscal Agent and the Contracting Agent are different PARTIES. 1 ,'
1. As part of its review and approvaj of the Annual Workplan and Budget, the IC shall establish the amount of funds and the schedule for transfer of funds from the Fiscal Agent to the Contracting Agent for the upcoming fiscal year.
2. Upon approval of the Annual Workplan and Budget by the Commission, the IC may take appropriate actions consistent with the Annual Workplan and Budget, including but not limited to, the following : •
A. Direct the Fiscal Agent to transfer specific amount(s) of Countywide Funds to the Contracting Agent on a specified schedule. The schedule may call for annual , quarterly , or more frequent transfers, as needed for the fiscal year.
B. Adjust the timing and/or the amount(s) of funds to be transferred by the Fiscal Agent to the Contracting agent if circumstanc~s change during the year , or if there are other reasons to do so.
C. In the event the IC directs a change in the scope of work for an existing Outside Contractor that will increase the cost of the work, the IC may direct the Fiscal Agent to transfer additional funds to the Contracting Agent to pay for the amended scope of work.
3. In the event the Fiscal Agent is also serving as the Ac;lministrator, the IC shall direct the Fiscal Agent to transfer funds to th_e Contracting Agent for paymen t of the Administrator . The Contracting Agent shall pay the Administrator pursuant to the contr~ct executed between the Contracting Agent and the Administrator. ·
4. If a single PARTY is serving as the Fiscal Agent and the Contracting Agent, the IC may direct that PARTY to retain a specified amount of Countywide Funds to pay the PARTY for performing the services of Fiscal Agent and Contracting Agent.
5. In the event a single PARTY is serving as the Fiscal Agent, the Administrator and the .
Contracting Agent , the IC will direct the PARTY to implement the Annual Workplan and Budget as approved by the IC and the Commission. This includes paying the costs specified in the approved Budget for the PARTY performing the duties of the · Administrator , the Fiscal .Agent and the Contratting Agent , as well as carrying out the duties of each.
6. If the Contracting Agent is, at any time, running out of funds or projects a shortfall in funds due to changed conditions or circumstances , the Contracting Agent shall immediately inform the IC and the Fiscal Agent and proceed according to the directions of the IC.
7. Wheh making transfers of funds to the Contracting Agent, the Fiscal Agent shall make the required arrangements for an electronic transfer of funds or for preparation of a check made payable to the Contracting Agent.
8. If the Contracting Agent does not receive funds from the Fiscal Agent pursuant to the schedule directed by the IC, the Contracting Agent shall promptly inform the Fisca l Agent and the Fiscal Agent shall promptly arrange for the funds to be transferred. 5/6/13 30
TAC MEMORANDUM OF AGREEMENT
9: At the end of the fisca l year, the IC will review the Year End Contract Status Report from the Contracting Agent, the Year-End Budget Report from the Fiscal Agent, and the Year-End Report from the Administrator. The IC may direct the Contracting Agent to transfer unspent , unencumbered funds to the Fis~al Agent or to retain such funds for use in the following fiscal year. The Contracting Agent will promptly comply with the directions of the IC.
10. If the IC directs the Contracting Agent to transfer unspent funds to the Fiscal Agent, the Fiscal Agent shall acknowledge receipt of s·uch funds to the Contracting Agent and shall note the transfer in the accounting records of the Fiscal Agent pursuant to generally accepted government accounting procedures .
5/6/13 3 1
County of Santa Clara
Department of Agriculture and Environmental Management
Recycling and Waste Reduction Division
1555 Berger Drive Suite 3 00
San Jose; CA 95112
( 408) 282-3180
fax .(408) 282-3188
DATE:
TO:
FROM:
RE:
September 2, 2014
Clerk of the Board
Lisa Rose~
Memorandum of Agreement
http://www.ReduceWaste.org
Attached are the original, signed copies of the Agreement Creating the Santa Clara Cow1ty Recycling and Waste Reduction Teclmical Advisory Committee~ signed by each Party to the Agreement. Please forward an executed copy to me (electronically) and I will distribute to each of the cities. Please contact me at 408-282-3166 or [email protected] if you have any questions.
Board of Supervisors: Mike Wasserroan, Cindy Chavez, Dove Cortese, Ken Yeage~. S. Joseph Simitian County E:(ecutive: Jeffrey V. Smith
EXHIBIT B
Composting Education Program Jurisdiction Contributions Fiscal Years 2025-2027
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EXHIBIT C
JURISDICTION RESPONSIBILITIES
a) Coordinate with the assigned Program representative to promote Composting Education Program Workshops and/or events via jurisdiction specific communication and outreach channels. b) Assist the Program in securing workshop room locations equipped with adequate infrastructure and materials for hosting Composting Education Program workshops. c) Connect the Program with school contacts to schedule school events. d) Participating jurisdictions shall submit the contribution amount and follow the funding terms outlined in Exhibit C of the MOU.
e) Provide jurisdiction recycling and waste reduction collateral materials for the Program to disseminate during events and workshops.
f) Make good faith efforts to communicate with the Program in a timely manner to ensure successful coordination of workshops and/or events.
Composting Education Program
Fiscal Year 2026 and Fiscal Year 2027 Scope of Work
Updated July 17, 2025
The Composting Education Program (Program) is a vital initiative that directly supports the county’s waste reduction goals by engaging the community in sustainable waste management practices. This scope of work outlines service s from University of California Cooperative Extension (UCCE) Santa Clara Composting Education Program for FY 25-26 and FY 26-27 based on the following funding commitments from participating jurisdictions.
For FY 25-26 and FY 26-27, the Compost Education Program will be funded by multi- jurisdictions through an MOU managed by the City of Morgan Hill. To ensure program continuity and honor commitments for workshops already scheduled and promoted, the University of California Cooperative Extension will continue conducting the program from July 1, 2025, even before the MOU is executed. UCCE will cover program costs during this interim period and will be reimbursed retroactively from the agreement to July 1, 2025, once the MOU is in place. Under the terms of the MOU the Program will receive payment for the entire amount listed below for both fiscal years under this funding schedule.
The Program’s scope of work to provide services Countywide was initially proposed at $147,000, however the total amount for services reflected in the table below is modified to remove the cost contributions from jurisdictions that have opted not to participate in the multi- jurisdictional Composting Education Program. The updated scope of work and Program cost accounts for services that will only occur in the jurisdictions that participate in the MOU.
Each jurisdiction’s cost contribution amount listed in the table below is based on the percentage of the Santa Clara County population that resides in each participating jurisdiction and the percentage of the jurisdiction population is divided into the initial Countywide Program cost for services at $147,000. The population was exported from the California Department of Finance for 2024.
UC
CE
UNIVERSITY OF CALIFORNIA
Agriculture and Natural Resources Cooperat ive Extension Composting II ._
Education y'- ~
Program , _.,
COMMUNITY• HOME·CLASSROOM
This MOU’s funding will support 0.5 FTE program coordinator. The program is also supported by UCCE staff including the Organic Waste Management Advisor and Master Gardener Program Coordinator. The UCCE Organic Waste Management Advisor will provide academic oversight ensuring that information disseminated by the Master Composter volunteers is science- based. The Advisor will also develop curriculum and training materials for Master Composter Volunteers and contribute to evaluation of the program. The Master Gardener Program Coordinator will oversee training and continuing education for Master Composter volunteers and support the program coordinator in program reporting
.
Annual Deliverables for each FY 25-26 and FY 26-27
The following deliverables will be completed each fiscal year during the two-year program period:
Task 1: Educational Outreach and Workshops
1a: Workshop Delivery
● Conduct at least 25 workshops annually (including up to 4 online workshops and 2 workshops in Spanish), approximately split up as follows:
▪ i. South County (Gilroy-Morgan Hill) 2-3 workshops
▪ ii. West Valley (Cupertino) 2-3 workshops
▪ iii. San Jose 8 -12 workshops
▪ iv. North County (Palo Alto, Mountain View) 4 - 6 workshops ▪ v. Central (Santa Clara) 3-6 workshops
● Schedule and promote workshops in participating jurisdictions. ▪ An annual workshop schedule will be created at the beginning of the fiscal year.
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▪ Workshop educator’s name will be shared with the jurisdiction one week prior to the workshop.
● Request workshop participants complete workshop evaluation and survey after each workshop.
● When possible, we will coordinate workshops with the San Jose Community Composting Network, a partnership between the North Santa Clara Resource Conservation District, Valley Verde, and the San Jose Conservation Corps + Charter School, with the goal of expanding community composting and food waste collection services and providing free compost to urban farmers in underserved communities.
2a: Community Engagement
● Participate in 15 community events across participating jurisdictions ▪ Community events may include:
▪ Plant and Pollinator Day (San Jose)
▪ Eco Fair (Santa Clara)
▪ Pomeroy Community Garden Day (Santa Clara)
▪ Master Gardener Spring Market Garden (San Jose)
▪ Earth Day Events (Cupertino)
▪ Santa Clara County Fair (San Jose)
▪ Martial Cottle Park Harvest Festival (San Jose)
▪ Health and Wellness Resource Fair (Morgan Hill)
● Host 6 Community Composting Workdays open to the public
3a: School Composting Education and Support
● Support at least 10 kindergartens through 12th grade (K-12) school events in participating jurisdictions, by request from schools and UCCE nutrition education programs ● Provide direct outreach to at least 1,500 students or other youth annually, by request from schools and UCCE nutrition education programs
● Support installation of compost systems in up to 5 K-12 schools annually, by request from schools and UCCE nutrition education programs
Task 2: Technical Support and Services
2a. Direct Assistance
● Provide direct technical support to residents and organizations on composting and organic materials management:
▪ Referrals
▪ Online requests at https://cesantaclara.ucanr.edu/Home_Composting_Education/ ▪ Rotline phone number 408 918 4640; callers are directed to online resources reducewaste.org
and calls are answered. Information is provided on workshops, bin sales, trash sorting, and composting. Voicemail messages are answered within two business days.
Technical assistance may range from answering simple inquiries, to conducting feasibility studies and designing compost systems.
2b.Resource Distribution
● Facilitate sale of compost bins to workshop attendees and other qualifying customers
▪ Research and if available, provide options of 2 compost bins and 2 worm compost bins for distribution.
● Direct all attendees and education partners to the ReduceWaste hub (reducewaste.org) for countywide information on services, programs, and resources (including HHW, Green Business, TAC, and others)
Task 3: Program Development and Expansion
3a. Regulatory Compliance Outreach
● Provide outreach on SB 1383 requirements, organic waste recycling, food waste reduction, and curbside collection at each workshop specific for each jurisdiction.
3b. Demonstration Site Operation and Enhancement
● Further develop the Community Composting Demonstration Site at Martial Cottle Park for ▪ Compost production demonstrating composting different materials, and the application of traditional and innovative methods and tools
▪ Providing compost to community members or organizations, developing a distribution process
▪ Providing community workdays for residents to gain experience working with various types of composting systems
3c. Master Composter Volunteer Training
Continuing Education for Master Composters, including:
▪ Coordinating expert guest lecturers
▪ Coordinating with waste management experts regionally ▪ Training Master Composter Volunteers to provide value in classes, events, and their communities
▪ Master Composter Initial Training (FY 25-26 only)
Conduct an initial training course to develop new Master Composters every other year
Task 4. Reporting and Documentation
4a. Quarterly Reporting
● Submit quarterly reports and an annual report to TAC containing:
▪ Data on number of workshops and events (including a list of events attended and their locations by City)
▪ Number of people served by each city
▪ Number of online requests and call handled
▪ Website analytics
▪ Social media analytics
▪ Estimates of impact including changes in waste management practices of program participants
4b. Annual Reporting
x Summary of all measurements and assessments collected throughout the year x Compilation of data by city reported quarterly
x Any data collected from longitudinal surveys to assess waste diversion and compost activities
Sheila Barry, County Director, UCCE Santa Clara
(408) 438-8791
[email protected]
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-892 Agenda Date: 9/16/2025
REPORT TO COUNCIL
SUBJECT
Action to Authorize the Use of City Electric Forces for Public Works at 2400 Condensa Street
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
Section 1310 of the Santa Clara City Charter (Contracts on Public Works) states “that every contract involving an expenditure of more than one thousand dollars ($1,000) for the construction or improvement (excluding maintenance and repair) of public buildings, works, streets, drains, sewers, utilities, parks and playgrounds shall be let to the lowest responsible bidder.” The section further states that “the City Council may declare and determine that, in its opinion, the work in question may be performed better or more economically by the City with its own employees, and after the adoption of a resolution to this effect by at least four affirmative votes, it may proceed to have said work done in the manner stated, without further observance of the provisions of this section.”
DISCUSSION
Staff believes that the work described below is better performed with City forces based upon the following factors: (1) the work is limited in size and scope; (2) City forces have knowledge and training in operating and maintaining the electric system that can be leveraged to more economically perform this work; and (3) bidding out the work and contracting with a private entity would not likely result in a lower overall cost or time savings. Therefore, the staff recommends that the City Council declares and determines that City forces can better perform the installation of the following electric facilities and approve the use of City forces.
Estimate Number: 40544
Location: 2400 Condensa Street
Type of Service: New Business (2005)
Description of Work: Remove ± 165' high voltage underground conductor, ± 310' high voltage overhead conductor, 1-45' wood pole and equipment, and 1-12kv service meter.
Estimated Cost: $10,434
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Historically, City staff has performed small project work like this under the use of City Forces exception and justification above. In preparation for the implementation and roll out of the new Arcos crew management system scheduled to go live in spring/summer 2025, SVP staff will be developing City of Santa Clara Printed on 9/12/2025Page 1 of 2
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25-892 Agenda Date: 9/16/2025
a process to review this practice on a routine basis to provide further support for this approach.
ENVIRONMENTAL REVIEW
Staff recommends that the City Council determine that the action being considered is exempt from the California Environmental Quality Act (“CEQA”) pursuant to section 15302 (Class 2 -Replacement or Reconstruction) of Title 14 of the California Code of Regulations as the proposed work involves the replacement of electric facilities involving negligible expansion of capacity.
FISCAL IMPACT
The funds to support the staff time for work performed by Silicon Valley Power (SVP) and related construction materials for the work detailed in this report totaling $10,434 are included in the FY 2025/26 Adopted CIP Budget, in Project 2005 - New Business Estimate Work in the Electric Utility Capital Fund. All of the referenced work will be performed by City SVP staff. Some work associated with encroachment permits may be performed by the Department of Public Works (DPW). DPW costs are recovered through payment of permit fees.
COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, [email protected] or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
1. Determine that the proposed action is exempt from CEQA pursuant to Section 15302 (Class 2 - Replacement or Reconstruction) of Title 14 of the California Code of Regulations; and
2. Declare and determine in accordance with Section 1310 of the City Charter that the public works with an estimated cost of $10,434, located at 2400 Condensa Street are better performed by the City with its own employees based on the information set forth in this Report to Council and authorize the performance of these public works consistent with this authorization.
Reviewed by: Nico Procos, Director of Silicon Valley Power Approved by: Jovan D. Grogan, City Manager
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-895 Agenda Date: 9/16/2025
REPORT TO COUNCIL AND STADIUM AUTHORITY BOARD
SUBJECT
Report on Actions Taken During City Council Recess period from July 16, 2025, through August 18, 2025
BACKGROUND
On July 15, 2025, the City Council authorized the City Manager, on behalf of the City, as the Executive Director for the Santa Clara Stadium Authority, and as the Contract Administrator for the Sports and Open Space Authority, to approve items vital to the function of the City during the Council official recess from July 21, 2025, through August 15, 2025, during which time, there were no scheduled City Council/Santa Clara Stadium Authority/Sports and Open Spaces Authority/Housing Authority meetings.
This authority would be used in cases where inaction would result in project delays, interruption of services and operations, adverse fiscal impact or in the event of an emergency and to ensure that the City of Santa Clara and public continues to receive uninterrupted services throughout the City Council recess.
DISCUSSION
During the Council recess period from July 16, 2025, through August 18, 2025, the following items were approved by the City Manager and /or Executive Director respectively for the City of Santa Clara and Santa Clara Stadium Authority.
Approved by the City Manager for City of Santa Clara:
1. FY 2025/26 Grant Agreement with Triton Museum of Art On August 18, 2025. the City Manager executed a Grant Agreement with the Triton Museum of Art (Triton Museum) to provide annual grant funding for FY 2025/26 in the amount of $304,936 (FY 2025/26 Grant Agreement). In return for receiving grant funds, Triton Museum provides art exhibitions, events and educational programs for the City, provides community outreach programs targeted towards art education, provides a qualified staff to serve as a juror for City-sponsored art competitions, among other things, for the term of the agreement (July 1, 2025 through June 30, 2026). This funding was approved by the Council as part of the City’s Biennial FY 2025/26 and 2026/27 Operating Budget.
While grant agreements typically require Council approval, there was prior delegated authority provided for the Triton Museum’s annual grant agreement. On September 11, 2018, the Council authorized the City Manager to execute a Contribution Agreement with Triton Museum of Art, to provide grant funding for FY 2018/19. As part of their action, they also authorized the City City of Santa Clara Printed on 9/12/2025Page 1 of 6
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Manager to execute future Contribution Agreements in substantially the same form as long as the City had a valid Lease and Operation Agreement with the Triton Museum, subject to annual budget appropriations, and to make minor modifications to the Contribution Agreement if necessary.
The City and Triton Museum have an existing Lease and Operations Agreement, effective as of April 16, 1998 through April 15, 2028. However, at this time, the FY 2025/26 Grant Agreement has been updated to reflect new legal requirements consistent with other City agreements. While the intent of the grant agreement remains the same (i.e., to provide annual grant funding that was approved by City Council specifically for Triton Museum), some may consider the updates to the agreement beyond the delegated authority for minor agreement modifications that was previously authorized by the Council. As such, staff determined that the FY 2025/26 Grant Agreement required the Council’s approval but also recommended moving forward with executing the FY 2025/26 Grant Agreement expeditiously with the Council’s delegation of authority to the City Manager during Council recess to ensure Triton Museum received grant funds for the months of July and August 2025. Staff plans to bring forth next fiscal year’s grant agreement with Triton Museum for Council action with potential delegation of authority to the City Manager to execute future grant agreements with Triton Museum, as long as the City as a valid Lease and Operation Agreement with the Triton Museum of Art, subject to annual budget appropriations, to continue the streamlined distribution of annual grant funds to Triton Museum.
Approved by the Executive Director for Santa Clara Stadium Authority:
1. Award of Contract to Mesa Energy Systems, Inc. for Plumbing - Boilers CapEx Project On July 19, 2025, the Forty Niners Stadium Management Company LLC (Stadium Manager) submitted a request to the Executive Director to enter into an agreement with Mesa Energy Systems, Inc. for the replacement of two gas-fired domestic hot water heaters and an electronic temperature mixing valve at the field level of Levi’s Stadium (Stadium). The Plumbing - Boilers CapEx Project was carried forward from FY 2024/25 and approved as part of the Stadium Authority FY 2025/26 Capital Expense (CapEx) Budget.
On March 26, 2025, the Stadium Manager issued a Request for Bids (RFB) for the project, which closed on April 23, 2025. The Stadium Manager issued an addendum #1 to the RFB on April 3, 2025. The addendum provided a revision to the deadline for the Request for Clarification. The Stadium Manager issued an addendum #2 to the RFB on April 16, 2025. The addendum provided revisions to the deadlines for the bid due date, bid opening date, and end of protest period. The Stadium Manager subsequently issued an addendum #3 to the RFB on April 25, 2025, which provided a revision to the final deadline to close on April 30, 2025. Four bids were received by the following firms:
· Mesa Energy Systems, Inc. - $654,611.00
· Environmental Systems, Inc. - $702,850.00
· Acco - $790,852.00
· CWS Construction Group, Inc. - $1,175,000.00
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As part of his delegated authority during the Council/Stadium Authority Board recess, on August 7, 2025, the Executive Director approved the Stadium Manager’s request to execute and award of a one-time contract to Mesa Energy Systems, Inc. in the amount of $654,611 for the Plumbing - Boilers CapEx Project at Levi's Stadium; authorized the Stadium Manager to execute change orders up to 10% or $65,461.10 for a total not to exceed construction contract amount of $720,072.10; and authorized the Stadium Manager to execute all documents associated with, and necessary for the award, completion, and acceptance of the Project. This approval allowed for timely project initiation prior to the 2025 NFL Season.
2. Budget Amendment for Plumbing - Boilers CapEx Project The Stadium Manager’s request also included approval of a budget amendment for the Plumbing - Boilers CapEx line item. Specifically, the Stadium Manager requested that the existing $648,764 budget amount be increased by $298,000 from the Capital Budget Ending Fund Balance, bringing the total budget for the project to $946,764. This increase accounts for the costs of both the temporary boiler described below and the full replacement project described above.
By way of background, on July 22, 2024, the Executive Director approved an emergency request from the Stadium Manager to install a temporary domestic boiler at Levi’s Stadium. Under Santa Clara City Code Sections 2.105.260 and 17.30.050, both the City and the Stadium Authority have authority to authorize emergency purchases when required to protect health and safety. The Stadium Authority FY 2024/25 CapEx Budget included $735,000 for the Plumbing - Boilers line item, with $86,236 projected to be spent in FY 2024/25 toward the permanent boiler replacement originally planned for 2025.
However, the existing domestic boiler deteriorated more quickly than anticipated, necessitating an emergency bypass system and the installation of a mobile boiler in case of failure. As part of the Stadium Manager’s emergency request for the temporary boiler, the Executive Director approved an amendment to an existing on-call plumbing and mechanical maintenance and repairs agreement to increase the agreement by $254,922, the estimated cost of the emergency project.
At that time, no budget augmentation was required, as sufficient funds were available within the budget line item.
The total estimated cost of the temporary boiler project and the permanent replacement is $1,033,000. This exceeds the original budget allocation for the FY 2025/26 Plumbing - Boilers CapEx Project, requiring an increase of $298,000 to fully fund the project. See tables below:
Table 1: Budget by Fiscal Year
FY 2024/25 Budget Initial budget allocation for the
Plumbing - Boilers CapEx
Project, which included planning
for the permanent replacement.
$735,000
FY 2024/25 Projected Spend Amount expected to be used
that year toward the
replacement.
$(86,236)
FY 2025/26 Adopted Budget Amount carried forward into the next fiscal year.
$648,764
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25-895 Agenda Date: 9/16/2025
FY 2024/25 Budget Initial budget allocation for the
Plumbing - Boilers CapEx
Project, which included planning
for the permanent replacement.
$735,000
FY 2024/25 Projected Spend Amount expected to be used
that year toward the
replacement.
$(86,236)
FY 2025/26 Adopted Budget Amount carried forward into the next fiscal year.
$648,764
Table 2: Budget Adjustments
Original Project BudgetBaseline
approved in FY 2024/25$735,000
Updated Project Budget Combined cost of the temporary
boiler plus the full replacement.
$1,033,000
Project Budget Augmentation Additional funding needed from the Capital Budget Ending Fund
Balance to cover the gap.
$298,000
As part of his delegated authority during Council/Board recess the Executive Director approved the Stadium Manager’s request to increase the FY 2025/26 Stadium Authority CapEx Budget line item for the Plumbing - Boilers by $298,000, for a total of $1,033,000. This approval allowed for timely project initiation prior to the 2025 NFL Season.
3. Award for Distribution - High Voltage (Primary Switch Gear (PSG) 12 KV Electrical Power Study, Assessment and Replacement at Quad Substations) CapEx Project On July 2, 2025, the Executive Director received a request from the Stadium Manager to approve an Amendment No. 2 to the Agreement with Cupertino Electric which would extend the term of the agreement, increase the not-to-exceed compensation amount by $201,910 (equal to the remainder of the approved $525,000 budget amount for the CapEx project), and authorize issuance of a task orders for the Distribution - High Voltage (PSG 12 KV Electrical Power Study, Assessment and Replacement at Quad Substations) CapEx Project at Levi’s Stadium. The Stadium Authority FY 2025/26 CapEx Budget includes a $525,000 budget line item for the project, which includes the cost of testing and inspection as well as an allowance for any necessary repairs, replacements, and/or enhancements identified during the assessment.
The Stadium Manager received three quotes by the following firms:
· Sprig Electric (ArchKey Solutions) - $234,471
· A.S.F Electric, Inc. - $229,000
· Cupertino Electric, Inc. - $201,910
As part of his delegated authority during Council/Board recess, on August 7, 2025, the Executive Director approved the Stadium Manager’s request to 1) approve an Amendment No. 2 to the Agreement with Cupertino Electric to extend the term and increase the not-to-exceed compensation by $525,000, the budgeted amount for this project; 2) authorize the Stadium Manager to enter into task orders for any required repairs or replacement work identified during the testing and inspection process; and 3) authorize the Stadium Manager to execute all documents associated with, and necessary for the award, completion, and acceptance of the project. This approval allowed for timely project initiation/completion prior to the NFL Season.
In the event that additional work is required, the Stadium Manager is authorized to enter into City of Santa Clara Printed on 9/12/2025Page 4 of 6
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separate task orders with Cupertino Electric under the Amendment No. 2, with the total value of the additional task orders subject to a maximum of $323,090.
4. Approval of Change Order No. 2 for Expansion / Waterproofing / Chaulk Joint Replacements - Phase 2 CapEx Project
On July 14, 2025, the Executive Director received a request from the Stadium Manager to approve execution of a Change Order No. 2 to the public works construction contract with Blue's Roofing Company (Blue's Roofing) to proceed with specified alternate bid items that were part of the FY 2022/23 General Areas/Coatings Main Deck CapEx Project for a lump sum price of $1,311,002.
The project, now retitled Expansion / Waterproofing / Chaulk Joint Replacements - Phase 2, was approved as part of the Stadium Authority FY 2025/26 CapEx Budget with a budget line item of $1,325,625.
By way of background, in 2022, the Stadium Manager conducted a formal RFB for the FY 2022/23 General Areas/Coatings Main Deck CapEx Project. The scope of work in the RFB was split out into multiple base bid items and alternate bid items, which included traffic membrane recoating, joint sealant repair and replacement, and concrete crack repair that bidders priced separately for the major specified stadium areas (i.e. lower bowl, mid-level bowl, upper bowl, and all concourses). Blue’s Roofing was the lowest responsible bidder submitting a responsive bid.
On July 5, 2022, the Stadium Authority Board approved the award to Blue’s Roofing for the base bid scope of work, which covered the lower bowl and the main concourse, at a cost of $2,505,744 and authorized the authorize the Executive Director to approve the issuance and execution of change orders up to $66,383, for a total not to exceed amount of $2,572,127. The Executive Director later approved a Change Order No. 1 for $34,557 for joint sealant work for the lower bowl and main concourse, bringing the total cost to $2,540,301. The requested Change Order No. 2 allows for completion of certain alternate bid items, which constitute the second phase of the traffic membrane work. These alternate bid items will cover traffic membrane recoating for the upper bowl and the upper concourses, along with repairs of joint sealant and concrete cracks in those areas. Blue’s Roofing has agreed to honor the alternate bid item pricing submitted as part of their response to the RFB in 2022. Recognizing that Blue’s Roofing is the lowest responsible bidder submitting a responsive bid, Blue’s Roofing will honor their pricing from three years ago with no increase for cost escalation.
As part of his delegated authority during Council/Board recess, on August 7, 2025, the Executive Director 1) approved the Stadium Manager’s request to execute a Change Order No. 2 to the public works construction contract with Blue's Roofing to proceed with specified alternate bid items that were part of the FY 2022/23 General Areas/Coatings Main Deck CapEx Project, which includes traffic membrane recoating of additional areas along with specified joint sealant and concrete crack repair for a lump sum price of $1,311,002; and 2) authorized the Stadium Manager to execute any and all documents associated with, and necessary for the award, completion, and acceptance of the project. This approval allowed for timely project initiation prior to the 2025 NFL Season.
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COORDINATION
This report has been coordinated with all other departments as necessary.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Note and file the Report on Actions taken During City Council Recess period from July 16, 2025, through August 18, 2025
Reviewed by: Maria Le, Assistant to the City Manager, City Manager’s Office Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Resolution 25-9481
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Resolution/Delegation of Authority Council Recess 2025
Rev. 7/27/2023 Page 1 of 2
RESOLUTION NO. 25-9481
A JOINT RESOLUTION OF THE CITY OF SANTA CLARA,
CALIFORNIA, SANTA CLARA STADIUM AUTHORITY, SPORTS
AND OPEN SPACE AUTHORITY, AND HOUSING AUTHORITY
(“COUNCIL AND AUTHORITIES”) DELEGATING AUTHORITY TO
THE CITY MANAGER, EXECUTIVE DIRECTOR, AND CONTRACT
ADMINISTRATOR OR DESIGNEE TO EXECUTE CONTRACTS
ON BEHALF OF THE COUNCIL AND AUTHORITIES DURING
THE RECESS PERIOD BETWEEN JULY 16, 2025 THROUGH
AUGUST 18, 2025
WHEREAS, the City of Santa Clara's City Council, Santa Clara Stadium Authority, Sports and Open Space Authority, and Housing Authority ("Council and Authorities") have specific purchasing policies or ordinances, and all other agreements and actions not specifically delegated by the City Code or other formal action must be considered and approved by Council or Boards of the Authorities;
WHEREAS, the Council and Authorities do not have any meetings scheduled between July 16, 2025, and August 18, 2025; and
WHEREAS, specific actions will be needed in order to ensure projects will stay on schedule and services will not interrupted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That the City Manager, Executive Director, and Contract Administrator or designee is hereby authorized to consider, approve, and execute contracts and other administrative matters needed for the on-going operation of the City within existing budgetary appropriations during the scheduled recess between July 16, 2025, and August 18, 2025. //
//
//
//
//
//
2. That the City Manager, Executive Director, and Contract Administrator shall provide areport to the City Council regarding the actions taken under this Resolution at a City Council Meeting in August 2025.
3. 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 15th DAY OF JULY, 2025, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED : COUNCILORS:
Attachments incorporated by reference: None
Chahal, Cox, Gonzalez, Hardy, Jain, and Park, and
Mayor Gillmor
None
None
None
ATTEST :....JJ,£.~:::::1!!1::~=::..14..c;....::i,.,:~==--~--
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Resolution/Delegation of Authority Council Recess 2025
Rev. 7/27/2023 Page 2 of 2
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-905 Agenda Date: 9/16/2025
REPORT TO COUNCIL
SUBJECT
Action to Approve the Modifications to Classified Classification Specifications, Creation of Director of Economic Development and Sustainability Classification Specification on the Unclassified Salary Plan, and Adopt a Resolution to Update the Classified and Unclassified Salary Plan
COUNCIL PILLAR
Manage Strategically Our Workforce Capacity and Resources
BACKGROUND
Sections 4 and 6 of the Personnel and Salary Resolution require City Council approval of the creation of new classifications, the combining or other modification of existing classifications, and the deletion of existing classifications.
Modifications to the Library Assistant I/II and Senior Library Assistant Class Specifications The Human Resources Department and Library Department coordinated to update the Library Assistant I/II (Job Code 526/528) and Senior Library Assistant (Job Code 754) class specifications.
These modifications were approved by Unit 578 prior to approval by the Civil Service Commission on August 14, 2025.
Modifications to Electric Utility Programmer Analyst (Job Code 440) and Retitle to Electric Utility Information Systems Specialist (Job Code 440)
The Human Resources Department and Electric Department/Silicon Valley Power coordinated to update and retitle Electric Utility Programmer Analyst (Job Code 440) to Electric Utility Information Systems Specialist (Job Code 440) class specification.
These modifications were approved by Unit 578 prior to approval by the Civil Service Commission on September 11, 2025.
Creation of Director of Economic Development and Sustainability (Job Code 085) Classification Specification
The City Manager’s Office coordinated with the Human Resources Department to create the Director of Economic Development and Sustainability (Job Code 085) classification (class) specification. The City Manager’s Office created the Office of Economic Development and Sustainability, and the Director will lead key initiatives and projects for this Office.
These modifications were approved by Unit 9.
Update the Unclassified and Classified Salary Plan
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The City will adopt a resolution to update the Unclassified Salary Plan to add the Director of Economic Development and Sustainability (Job Code 085) classification and update the Classified Salary Plan to delete the Senior Library Assistant - Public Services (Job Code 754B) and Senior Library Assistant - Public Services/Graphics (Job Code 754E) classifications and retitle Electric Utility Programmer Analyst (Job Code 440) to Electric Utility Information Systems Specialist (Job Code 440).
DISCUSSION
Modifications to the Library Assistant I/II and Senior Library Assistant Class Specifications The Library Department coordinated with the Human Resources Department to update the class specifications for Library Assistant I (Job Code 526), Library Assistant II (Job Code 528), and Senior Library Assistant (Job Code 754). The requested approval does not modify the salary ranges for the classification.
Library Assistant I (Job Code 526) - with an annual salary range of $74,665.68 - $95,863.92. The Library Assistant I is the entry-level classification in the Library Assistant series. This classification provides general library services to patrons through a broad range of clerical, technology support, community outreach, and public service support. With experience, Library Assistant I may oversee a service function in a library program. The Library Assistant I may work in any division within the Library. Performs related duties as assigned.
Library Assistant II (Job Code 528) - with an annual salary range of $82,479.24 - $105,722.40. The Library Assistant II is the second-level paraprofessional classification in the Library Assistant series.
This classification performs paraprofessional library work of moderate difficulty and may supervise the work of one or more Library Pages. With experience, Library Assistant II may lead a service function in a library program. The Library Assistant II may work in any division within the Library.
Performs related duties as assigned.
Senior Library Assistant (Job Code 754) - with an annual salary range of $93,536.76 - $119,106.96.
This is a paraprofessional supervisory position in the classified service. Positions in this class are responsible for the supervision and direction of a work unit comprised of paraprofessional, clerical and/or Library Page staff. Specialized duties may be required in the following areas: Circulation, Branch Services and Bookmobile, Communications and Technical Services. Performs related duties as assigned.
Modifications to Electric Utility Programmer Analyst (Job Code 440) and Retitle to Electric Utility Information Systems Specialist (Job Code 440)
The Electric Department/Silicon Valley Power coordinated with the Human Resources Department to update the class specifications and retitle to Electric Utility Information Systems Specialist (Job Code 440). The requested approval does not modify the salary ranges for the classification.
Electric Utility Information Systems Specialist (Job Code 440)- with an annual salary range of $122,040.48 - $155,706.48. The Electric Utility Information Technology Systems Specialist is assigned to the City's Electric Utility Department, Silicon Valley Power (SVP), which supports critical 24/7 utility operations, general business office environments, and new technology projects. This includes user computer maintenance, user training, communications systems, card access or security systems, and other technology platforms. This position is often the first line of contact for City of Santa Clara Printed on 9/12/2025Page 2 of 4
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users needing assistance in parallel to technology platform operations. The Performs related duties as assigned.
Creation of Director of Economic Development and Sustainability Classification Specification (Job Code 085)
The City Manager’s Office coordinated with the Human Resources Department to create the class specification for Director of Economic Development and Sustainability (Job Code 085).
Director of Economic Development and Sustainability (Job Code 085) with an annual salary range of $240,309.96 - $310,000.08. This is an executive management position and the incumbent provides overall guidance and coordination to all economic development programs affecting the City of Santa Clara. The incumbent performs work of unusual difficulty and complexity in overseeing the City’s economic development activities, corporate outreach, retail policy, employment and small business, marketing programs, and sustainability. Performs related work as assigned. This position will serve as the City’s Sustainability Officer responsible for developing and implementing programs, policies, and projects to ensure the City’s environmental sustainability goals. This includes direct oversight of the City’s Climate Action Plan (CAP) to ensure current goals are realized and/or update as needed, working with Silicon Valley Power to evaluate energy efficient programs, and working with Water and Sewer Utilities Department to focus on having a sustainable water supply. The Sustainability Officer will also coordinate with the Public Works and Community Development Departments regarding the use of sustainable materials, reducing waste, addressing new building requirements, and monitoring the Transportation Demand Management program.
Update the Unclassified and Classified Salary Plan
The Unclassified Salary Plan is updated to add the Director of Economic Development and Sustainability (Job Code 085) class specification and the Classified Salary Plan is updated to delete the Senior Library Assistant - Public Services (Job Code 754B) and Senior Library Assistant - Public Services/Graphics (Job Code 754E) classifications.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
Funding for the Director of Economic Development and Sustainability position is included in the FY 2025/26 and FY 2026/27 Adopted Operating Budget. There is no fiscal impact from the revised Library Assistant I/II and Senior Library Assistant class specifications.
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 City of Santa Clara Printed on 9/12/2025Page 3 of 4
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25-905 Agenda Date: 9/16/2025
(408) 615-2220, email [email protected] or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
1. Approve various modifications to the classification plan, as follows, as detailed in the corresponding Class Specification attachments:
a. Approve the Modifications to the Library Assistant I/II (Job Code 526/528) Class Specifications,
b. Approve the Modifications to the Senior Library Assistant (Job Code 754) Class Specification,
c. Approve the Modifications and Retitle to Electric Utility Information Systems Specialist (Job Code 440) Class Specification,
d. Approve the Creation of the Director of Economic Development and Sustainability (Job Code 085) Class Specification, and
2. Adopt a Resolution Updating the Unclassified and Classified Salary Plan.
Reviewed by: Marco Mercado, Acting Director, Human Resources Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Class Specification (clean), Library Assistant I (Job Code 526)
2. Class Specification (track changes), Library Assistant I (Job Code 526)
3. Class Specification (clean), Library Assistant II (Job Code 528)
4. Class Specification (track changes), Library Assistant II (Job Code 528)
5. Class Specification (clean), Senior Library Assistant (Job Code 754)
6. Class Specification (track changes), Senior Library Assistant (Job Code 754)
7. Class Specification (clean), Electric Utility Information Systems Specialist (Job Code 440)
8. Class Specification (track changes), Electric Utility Information Systems Specialist (Job Code 440)
9. Class Specification (clean), Director of Economic Development (Job Code 085)
10. Resolution for Updated Unclassified and Classified Salary Plan
11. Updated Classified Salary Plan Effective 09-28-2025 (for Council 09-16-2025)
12. Updated Unclassified Salary Plan Effective 09-28-2025 (for Council 09-16-2025) City of Santa Clara Printed on 9/12/2025Page 4 of 4
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Rev. 03/2025
CITY OF SANTA CLARA, CALIFORNIA
CLASS SPECIFICATION
TITLE: LIBRARY ASSISTANT I (JOB CODE 526)
DEPARTMENT ACCOUNTABLE TO FLSA STATUS
Library Various Non-Exempt
CLASS SUMMARY
The Library Assistant I is the entry-level classification in the Library Assistant series. This classification provides general library services to patrons through a broad range of clerical, technology support, community outreach, and public service support. With experience, Library Assistant I may oversee a service function in a library program. The Library Assistant I may work in any division within the Library. Performs related duties as assigned.
DISTINGUISHING CHARACTERISTICS
This is the entry level classification in the flexibly staffed Library Assistant series. Incumbents work under direct supervision and are not expected to function with the same knowledge or skill set as the Library Assistant II. This classification exerci ses basic discretion and judgement in matters related to work procedures and methods , with an emphasis on public service . Work is usually supervised while in progress and fits an established structure or pattern. Exceptions or changes in procedures are exp lained in detail as they arise. This class is distinguished from the class of Library Assistant II in that the latter is the second level class where incumbents are responsible for performing the full range of library support work and may perform more complex work assignments, including leading staff and projects.
MINIMUM QUALIFICATIONS
EDUCATION AND EXPERIENCE
• Completion of sixty (60) semester units or ninety (90) quarter units from an a college or university; and
• Six (6) months of experience involving direct public contact and/or clerical work.
ACCEPTABLE SUBSTITUTION
Additional qualifying experience may be substituted for the required education on the basis of one (1) year of experience for thirty (30) semester units or forty-five (45) quarter units up to two (2) years.
LICENSES/CERTIFICATIONS
Possession of a valid California Class C driver's license is required at the time of appointment and for the duration of employment.
DESIRABLE QUALIFICATIONS
One (1) year of customer service or library work experience.
OTHER REQUIREMENTS
• Must be able to perform all the essential functions of the job assignment, with or without reasonable accommodation.
• May be required to work evenings and weekends.
LIBRARY ASSISTANT I (526)
TYPICAL DUTIES
This description may not include all the duties listed below, nor do the examples cover all duties that may be performed.
Under direct supervision, the incumbent:
• Maintains and supports circulation functions of all library materials; • Accurately enters, verifies, and maintains library patron accounts and item bibliographic records on library's catalog systems;
• Responsible to collect, handle, and process library fees; • Collects and maintains data related to library visits, usage, and programs; • Opens and closes the library facility following established procedures; • Performs shelf maintenance duties, including retrieves and shelves books and other library materials;
• Provides staff support to ensure library building and equipment are maintained for daily operation;
• Answers routine directional and informational questions,, including information about library services and programs;
• Handles basic issues involving library policies and procedures; • May provide basic reference and reader's advisory services; • Receives, prepares, and sorts materials for mail and delivery; • Maintains and setup meeting and program rooms;
• Provides community support and answers questions related to basic technology needs, including library technologies;
• Monitors public use of computers;
• May provide delivery of library materials between libraries or assigned facilities; • May provide support to Bookmobile operations in the community, including operating the Bookmobile;
• May provide support for library programs and community outreach; • May prepare and maintain displays and exhibits;
• May assist in supporting library website or social media; and • Performs other related duties as assigned.
KNOWLEDGE, SKILLS, & ABILITIES
Knowledge of:
• General types and uses of library materials;
• Basic library terminology;
• Modern office procedures and methods;
• Library computer applications, databases and word processing software; and • Basic mathematical principles.
Ability to:
• Learn library practices and procedures, and the location of materials in the libraries; • Learn to operate computerized bibliographic, periodical, and circulation equipment; • Perform a variety of library technical and clerical work with speed and accuracy; LIBRARY ASSISTANT I (526)
• Communicate clearly and concisely in English, both orally and in writing; • Understand and carry out both oral and written instructions; • Work accurately with numbers and the alphabet and arrange items in alphabetical and numerical order;
• Learn to operate library delivery vehicle and bookmobile; • Troubleshoot a variety of technology problems, and report complex problems to the appropriate supervisor;
• Effectively handle multiple priorities, organize workload and meet strict deadlines; • Recognize and resolve basic problems and exercise good judgment, particularly in stressful situations;
• Maintain confidentiality regarding sensitive information; • Establish and maintain courteous and effective working relationships with those contacted in the course of work, including under stressful situations; • Work effectively, either independently or as part of a team to achieve common goals; • Respond to requests and inquiries from the general public in a tactful, courteous and effective way;
• Develop skill in all service areas to be able to assist at any public point of need; • Interact positively with a wide variety of patrons in a busy environment; • Walk or stand for extended periods of time;
• Lift and carry library materials and equipment weighing up to 25 lbs.; and • Bend, crawl, climb, stoop, reach, walk up and down stairs, and stand or sit for prolonged periods of time.
SUPERVISION RECEIVED
Works under the immediate supervision of the Library Circulation Supervisor, Library Program Coordinator, Senior Library Assistant or other supervisor as assigned.
SUPERVISION EXERCISED
May assist in the training and lead direction of Library Pages or volunteers.
CLASSIFICATION HISTORY
Established 11/2003; Rev. 12/2016; Rev. 03/2025
Rev. 03/2025
CITY OF SANTA CLARA, CALIFORNIA
CLASS SPECIFICATION
TITLE: LIBRARY ASSISTANT I (JOB CODE 526)
DEPARTMENT ACCOUNTABLE TO FLSA STATUS
Library Various Non-Exempt
Description CLASS SUMMARY
The Library Assistant I is the entry-level classification in the Library Assistant series. This classification provides general library services to patrons through a broad range of clerical, technology support, community outreach, and public assistanceservice support. With experience, Library Assistants I may oversee a service function in a library program. The Library Assistant I may work in any division within the Library (i.e. Adult Services, Collection, Support Services or Youth & Extension). Performs related duties as assigned.
DISTINGUISHING CHARACTERISTICS
This is the entry level classification in the flexibly staffed Library Assistant series. Incumbents work under direct supervision and are not expected to function with the same knowledge or skill set as the Library Assistant II. This classification exercises basic discretion and judgement in matters related to work procedures and methods , with an emphasis on public service . Work is usually supervised while in progress and fits an established structure or pattern. Exceptions or changes in procedures are exp lained in detail as they arise. This class is distinguished from the class of Library Assistant II in that the latter is the second level class where incumbents are responsible for performing the full range of library support work and may perform more complex work assignments, including leading staff and projects.
MINIMUM QUALIFICATIONS
EDUCATION AND EXPERIENCE
• Completion of sixty (60) semester units or ninety (90) quarter units from an accredited college or university; and
• Six (6) months of experience involving direct public contact and/or clerical work • One (1) year of recent full-time experience involving direct public contact and/or clerical work.
ACCEPTABLE SUBSTITUTION Possible Substitutions:
Additional qualifying experience may be substituted for the required education on the basis of one (1) year of experience for thirty (30) semester units or forty five (45) quarter units up to two (2) years.
LICENSES/CERTIFICATIONS
Possession of a valid California Class C driver's license is required at the time of appointment and for the duration of employment.
DESIRABLE QUALIFICATIONS
One (1) year of recent full time customer service or library work experience. involving computer technical support.
OTHER REQUIREMENTS
LIBRARY ASSISTANT I (526)
• Must be able to perform all the essential functions of the job assignment, with or without reasonable accommodation.
• May be required to work evenings and weekends.
TYPICAL DUTIES
This description may not include all the duties listed below, nor do the examples cover all duties that may be performed.
Duties include, but are not limited to, the following:
Under direct supervision, the incumbent:
• Checks library materials in and out for patrons and prepares materials for return to the circulating collectio Maintains and supports circulation functions of all library materials n;
• Registers new patrons by verifying identification, ensuring that the registration form is complete and entering appropriate information into online database Accurately enters, verifies, and maintains library patron accounts and item bibliographic records on library's catalog systems;
• Collects feess and overdue fines Responsible to collect, handle, and process library fees; • Collects and maintains data related to library visits, usage, and programs; • Opens and closes the library facility following established procedures; • Performs shelf maintenance duties, including retrieves and shelves books and other library materials;
• Provides staff support to ensure library building and equipment are maintained for daily operation;
• Answers routine directional and informational questions in person and by telephone,, including information about library services and programs; • Solves basic problems involving procedures, staff and patrons • Refers more difficult questions to appropriate library staff Handles basic issues involving library policies and procedures;
• May provide basic reference and reader's advisory services; • Uses personal computers and other library equipment to enter, edit and delete bibliographic, periodical, and patron record information in an online database, catalog and other files
• Performs copy cataloging and classification of library materials • Retrieves and shelves books and other library materials • Receives and sorts incoming mail and deliveries and prepares materials for mailing Receives, prepares, and sorts materials for mail and delivery; • Maintains and setup meeting and program rooms;
• Provides community support and answers questions related to basic technology needs, including library technologies;
• Monitors public use of computers;
• May provide delivery of library materials between libraries or assigned facilities; • May provide support to Bookmobile operations in the community, including operating the Bookmobile;
• May provide support for library programs and community outreach; LIBRARY ASSISTANT I (526)
• May prepare and maintain displays and exhibits;
• May assist in supporting library website or social media; and • Performs other related duties as assigned.
When assigned to the For Support Services Division:
• Maintain and update iPad/IPod/Chromebook/e-device inventory • Maintain and load the 3M inventory wand for staff use • Maintain and update Youth Services mobile Laptop lab
• Maintain Central and Northside AV meeting/program rooms • Support Library staff with daily desktop support
• Monitor Command Center for selfcheck or gate issues and track statistics • Monitor public computers across 3 locations
• Backup technology staff on Library homepage
• Backup technology staff on public computer backups
• Research and test new software and public technology trends • Maintain and support both Techlogic sorting systems
• Troubleshoot public technology issues across multiple platforms • Maintain all technology equipment inventories
• Remove and recycle old technology equipment
• Support Library staff for public computer classes
• Assist with special AV setups for City/Public meetings • Work with Building Maintenance on special projects
• Research advanced features of public security software
KNOWLEDGE, SKILLS, & ABILITIES
Knowledge of:
• General types and uses of library materials;
• Basic library terminology;
• Modern office procedures and methods;
• Library computer applications, databases and word processing software; and • Basic mathematical principles.
Ability to:
• Learn library practices and procedures, and the location of materials in the libraries; • Learn to operate computerized bibliographic, periodical, and circulation systemsequipment;
• Perform a variety of library technical and clerical work with speed and accuracy; • Communicate clearly and concisely in English, both orally and in writing; • Understand and carry out both oral and written instructions; • Work accurately with numbers and the alphabet and arrange items in alphabetical and numerical order;
• Learn to operate library delivery vehicle and bookmobile; • Troubleshoot a variety of technology problems, and report complex problems to the appropriate supervisor;
LIBRARY ASSISTANT I (526)
• Effectively handle multiple priorities, organize workload and meet strict deadlines; • Recognize and resolve basic problems and exercise good judgment, particularly in stressful situations;
• Maintain confidentiality regarding sensitive information; • Establish and maintain courteous and effective working relationships with those contacted in the course of work, including under stressful situations; • Work effectively, either independently or as part of a team to achieve common goals; • Respond to requests and inquiries from the general public in a tactful, courteous and effective way;
• Develop skill in all service areas to be able to assist at any public point of need; Work in a team based environment and achieve common goals • Interact positively with a wide variety of patrons in a busy environment; • Walk or stand for extended periods of time;
• Lift and carry library materials and equipment weighing up to 25 lbs.; and • Bend, crawl, climb, stoop, reach, walk up and down stairs, and stand or sit for prolonged periods of time.
SUPERVISION RECEIVED
Works under the immediate supervision of the Library Circulation Supervisor, Library Program Coordinator, Senior Library Assistant or other supervisor as assigned.
SUPERVISION EXERCISED
May assist in the training and lead direction supervision of Library Pages or volunteers.
CLASSIFICATION HISTORY
Established 11/2003; Rev. 12/2016; Rev. 03/2025
Rev. 03/2025
CITY OF SANTA CLARA, CALIFORNIA
CLASS SPECIFICATION
TITLE: LIBRARY ASSISTANT II (JOB CODE 528)
DEPARTMENT ACCOUNTABLE TO FLSA STATUS
Library Various Non-Exempt
CLASS SUMMARY
The Library Assistant II is the second-level paraprofessional classification in the Library Assistant series. This classification performs paraprofessional library work of moderate difficulty and may supervise the work of one or more Library Pages. With experience, Library Assistant II may lead a service function in a library program. The Library Assistant II may work in any division within the Library. Performs related duties as assigned.
DISTINGUISHING CHARACTERISTICS
Library Assistant II is the second level class where incumbents are responsible for performing the full range of library support work and may perform more complex work assignments.
Incumbents work under general supervision and function with a higher knowledge and skill set than Library Assistant I. Library Assistant II may provide training and direction for one or more Library Pages and/or Library Assistant I’s. Incumbents within this class are distinguished from the Library Assistant I by exhibiting a higher level of judgment and independence in performing the full range of duties as assigned. This class is distinguished from the Senior Library Assistant in that the latter is responsible for the supervision and direction of a work unit comprised of paraprofessional, clerical and/or Library Page staff.
MINIMUM QUALIFICATIONS
EDUCATION AND EXPERIENCE
• Completion of sixty (60) semester units or ninety (90) quarter units from a college or university, and
• Two (2) years of paraprofessional library experience.
ACCEPTABLE SUBSTITUTION
• Additional qualifying experience may be substituted for the required education on the basis of one (1) year of experience for thirty (30) semester units or forty-five (45) quarter units up to two (2) years.
• Completion of an Associate of Arts degree in Library Technology may substitute for the required education, plus one (1) year of the required experience.
LICENSES/CERTIFICATIONS
Possession of a valid California Class C driver's license is required at the time of appointment and for the duration of employment.
DESIRABLE QUALIFICATIONS
One (1) year or more of customer service or public library work experience.
OTHER REQUIREMENTS
• Must be able to perform all the essential functions of the job assignment, with or without LIBRARY ASSISTANT II (528)