Agenda packet — City Council and Authorities Concurrent, September 23, 2025 (part 2 of 5)

[Signature of Developer continued]
By: Ryder Square Management, LLC, a Delaware
limited liability company, a member
By: Westlake Chang Holdings LLC, a
Delaware limited liability company, its
sole member
By~ JlCampanile
President & CFO
[Remainder of page intentionally left blank.

Acknowledgement of Developer on following page.]

Page 16 of 32 ends

EXHIBIT A

DEVELOPMENT PROJECT SITE
EXHIBIT A - Project Site Map
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I FIRE ACCESS LANE

I I I I I PROPERTY LINE
I I I \ FUTURE COUNTY

RIGHT OF WAY
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Jt's below. before you dig.
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FUTURE COUNTY

RIGHT OF WAY S RYDER ST

PUE EASEMENT PROPERTY LINE
OVERALL SITE PLAN K 1

EXHIBIT B

PRIVATE RECREATIONAL AMENITY IMPROVEMENTS PLANS
D
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Knowwh rsbelow.

Calh,efore you d~.

EXHIBIT B - Private Recreational Amenity Improvement Plans

CENTRALEXPY
■ 1 . \ LIMrTOF WORK PROPERTY LINE

LIMITOFWORK -
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S RYDER ST
EXTERIOR OPEN SPACE EXHIBIT K1
ALE~/-<1'''' 1'--0' -._ _ _._~: Q) SECTION A-A I K
See Following Page for Enlarge Detaiil

17.H,070Cl't<ltlor..._q:,tn .....
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(1)(2) Ooold<M's~appw!lll.llaoo thlllconform!,tolhe,,_,Wllll1~ a:....m.-nociuctS!l!etyQwm-..on~ns;
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USE Nl:A{Sfl
(f)fG) 607
(1)(3) 1,()97
C If',(&) 4,123
D' (1',14) 1,902
E (f',f,t) 1,915
00131 "" (f)(7J B,726
~) 2,417
lOrM..EmHCJUAl:A 21,Sl7 SF
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EXTERIOR PRIVATE OPEN SPACE CALCUlATION I KO

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FEC
827 SF

GOLF SIMULATOR

ROOM - FITNESS
AREA
365 SF

SPIN ROOM - FITNESS
AREA
3009 SF

FITNESS - FITNESS
AREA
569 SF

MAKER SPACE - REC

CENTER FACILITY
3175 SF

LOUNGE - REC

CENTER FACILITY
681 SF

GAME ROOM - GAME
AREA

FITNESS - FITNESS AREA

GAME ROOM - GAME AREA

GOLF SIMULATOR ROOM -

FITNESS AREA

LOUNGE - REC CENTER

FACILITY

LOUNGE / GAME ROOM - REC

CENTER FACILITY

MAKER SPACE - REC CENTER

FACILITY

ROOF DECK - COMMUNITY
GARDEN

SPIN ROOM - FITNESS AREA

YOGA MEZZANINE - FITNESS
AREA
631 SF

YOGA MEZZANINE -

FITNESS AREA
832 SF

LOUNGE / GAME

ROOM - REC CENTER

FACILITY

FITNESS - FITNESS AREA

GAME ROOM - GAME AREA

GOLF SIMULATOR ROOM - FITNESS AREA

LOUNGE - REC CENTER FACILITY

LOUNGE / GAME ROOM - REC CENTER FACILITY

MAKER SPACE - REC CENTER FACILITY

ROOF DECK - COMMUNITY GARDEN

SPIN ROOM - FITNESS AREA

YOGA MEZZANINE - FITNESS AREA
1118 SF

ROOF DECK -

COMMUNITY GARDEN

FITNESS - FITNESS AREA

GAME ROOM - GAME AREA

GOLF SIMULATOR ROOM -

FITNESS AREA

LOUNGE - REC CENTER

FACILITY

LOUNGE / GAME ROOM - REC

CENTER FACILITY

MAKER SPACE - REC CENTER

FACILITY

ROOF DECK - COMMUNITY
GARDEN

SPIN ROOM - FITNESS AREA

YOGA MEZZANINE - FITNESS
AREA

RENEWAL
DATE

A RCHITECT

LI CEN SED

CALIFORNIA

STAT E OF
C-30082

DAVID BRADY SMITH
6-30-23
SHEET NO:

DATE:

PROJECT NO:

THIS DOCUMENT CONTAINS INFORMATION THAT IS PROPRIETARY TO LPAS, INC. AND

IS FURNISHED FOR THE PURPOSES OF REVIEW, BIDDING OR CONSTRUCTION OF THE

PROJECT LISTED IN THE JOB TITLE BOX ABOVE AND SHALL NOT BE USED FOR ANY

OTHER PURPOSE OR RELEASED TO ANY OTHER PARTY WITHOUT THE WRITTEN CONSENT OF LPAS, INC. INFOMATION CONTAINED HEREIN IS AN INSTRUMENT OF PROFESSIONAL SERVICES AND SHALL REMAIN THE PROPERTY OF LPAS, INC. ALL RIGHTS RESERVED COPYRIGHT © 2009.

THIS DRAWING IS NOT FINAL OR TO BE USED FOR CONSTRUCTION UNTIL IT IS SIGNED BY THE ARCHITECT AND ENGINEER.

CONSULTANT
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12 11 10 9 8 7 6 5 4 3 2 1
NO. ISSUE DATE

ARCHITECT'S STAMP APPROVAL
6/25/2024 10:41:22 AM

WESTLAKE APARTMENTS
WESTLAKE URBAN, INC.
3545 Ryder Street, Santa Clara, CA

INTERIOR OPEN

SPACE EXHIBIT
G0.41

06.20.2024
1319-0001

BRIDGE RESUBMITTAL
7 OPEN SPACE REVISIONS 2/6/2024
10 PC7 06/20/2024
1" = 30'-0" K3
1ST FLOOR - PARTIAL PLAN - OPEN SPACE ANALYSIS
1" = 30'-0" E3
2ND FLOOR - PARTIAL PLAN - OPEN SPACE ANALYSIS
1" = 30'-0" K8 7TH FLOOR - PARTIAL PLAN - OPEN SPACE ANALYSIS

OPEN SPACE CALCULATIONS
GOLF SIMULATOR ROOM - FITNESS AREA 827 SF (f)(6)
SPIN ROOM - FITNESS AREA 365 SF (f)(6)
FITNESS - FITNESS AREA 3009 SF (f)(6)
MAKER SPACE - REC CENTER FACILITY 569 SF (f)(8)
LOUNGE - REC CENTER FACILITY 3175 SF (f)(8)
GAME ROOM - GAME AREA 681 SF (f)(6)
YOGA MEZZANINE - FITNESS AREA 631 SF (f)(6)
LOUNGE / GAME ROOM - REC CENTER FACILITY 832 SF (f)(8)
ROOF DECK - COMMUNITY GARDEN 1118 SF (f)(4)

17.35.070 CREDIT FOR PRIVATE OPEN SPACE
(f)(1) TURFED PLAY FIELD, COPRISED OF A SINGLE UNIT OF LAND WHICH IS

GENERALLY LEVEL AND FREE OF GEPHYSICAL BARRIERS WHICH

WOULD INHIBIT GROUP PLAY ACTIVITIES WITH A MINIMUM

CONTIGUOUS AREA OF ONE-HALF ACRE
(f)(2) CHILDREN'S PLAY APPARATUS AREA THAT CONFORMS TO THE THEN

CURRENT FEDERAL CONSUMER PRODUCT SAFETY COMMISSION

GUIDELINES
(f)(3) LANDSCAPED AND FURNISHED, PARK-LIKE QUIET AREA
(f)(4) RECREATIONAL COMMUNITY GARDENS
(f)(5) FAMILY PICNIC AREA
(f)(6) GAME, FITNESSOR SPORTS COURT AREA
(f)(7) ACCESSIBLE SWIMMING POOL (MINIMUM SIZE 42' BY 75') WITH

ADJACENT DECK AND LAWN AREAS
(f)(8) RECREATIONAL CENTER BUILDINGS AND GROUNDS
TOTAL OPEN SPACE:

INTERIOR: 827 + 365 + 3009 + 569 + 3175 + 681 + 631 + 832 + 1118 = 11,207 SF EXTERIOR: 21,587 SF (REFER TO TOTAL AREA LISTED ON PAGE G0.40) TOTAL: 32,794 SF
TOTAL AREA REQUIRED: 32,670 SF
ACTUAL AREA 32,794 SF > 32,670 REQUIRED AREA = OKAY
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EXHIBIT C

PARKLAND REQUIREMENTS, FEES AND CREDIT SUMMARY
Developer will construct 328 apartment units generating an estimated 787 new residents (328 multi-family units at 2.4 persons/unit density is 787 persons). Based on the City’s Mitigation Fee Act standard of 2.6 acres of public neighborhood and community parkland per 1,000 residents, the Project is required to dedicate 2.0467 acres of public parkland and/or pay an equivalent fee due in lieu of the total parkland dedication in the amount of $10,053,528. In lieu fees are published in the Municipal Fee Schedule.

Developer has proposed to meet the required parkland dedication through the dedication of eligible private improvements and payment of an in-lieu fee for the balance. According to City code 17.35, projects may submit a written request for up to 50% credit against the amount of parkland dedication or the amount of the in-lieu fee thereof for eligible private recreational amenities devoted to Active Recreation Uses provided the development meets the requirements contained in Santa Clara City Code 17.35. This project includes 0.7528-acres of private amenity improvements. The credit is therefore approximately 0.3764 acres, or $1,502,965 in value.

Developer will construct these private improvements. The balance of fees due in lieu of parkland dedication is therefore $8,550,563.

In summary, the calculations above are:
$10,053,528 Fee In Lieu of Parkland Dedication
- 1,502,965 Credit for Private Recreational Amenity Improvements $ 8,550,563 Balance of Fee Due In Lieu of Parkland Dedication ------------------------------------------------------------------------------------------------------- Table 1. Computation of Parkland Dedication
Project Unit Type: Multi-Family Dwelling Mitigation Fee Act Persons/Dwelling Type 2.4
Multi-Family Project Units 328
Total New Residents 787
Parkland Dedication Required(acres): R/1000x2.6 2.0467
Equivalent Fee Due In Lieu of Parkland Dedication $10,053,528 Table 2. Public Parkland Dedications – N/A
Table 3. Credit for Proposed Private Onsite Park & Recreation “Active Recreation Uses” Amenity Square Feet Acres
A: Game, fitness or sport court area 607 0.0139
B: Landscaped & furnished, park-like quiet
area
1097 0.0252
C: Family picnic area 4123 0.0947
D: Recreational community gardens 1902 0.0437
E: Recreational community gardens 1915 0.0440
F: Landscaped & furnished, park-like quiet
area
800 0.0184
G: Swimming pool w adjacent deck 8726 0.2003
H: Game, fitness or sport court area 2417 0.0555
1 st floor: Rec room – maker space (activities
such as sewing, arts and crafts for kids, 3D
printing, computer workstation(s), jewelry
making, etc.
569 0.0131
1 st floor: Fitness room 3009 0.0691
1 st floor: Golf simulator 827 0.0190
1 st floor: Spin room fitness area 365 0.0084
1 st floor: Game room 681 0.0156
1 st floor: Recreation center/party room 3175 0.0729
2 nd floor: Yoga fitness room 631 0.0145
2 nd floor: Game room/rec center 832 0.0191
Roof: Recreational community gardens 1118 0.0257
Total: 32794 0.7528
Credit at 50% for Private Active Recreation & Equivalent Value: 0.3764 / $1,502,965 Balance of Fees Due In Lieu of Parkland Dedication: $8,550,563

EXHIBIT D

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

A. COMMERCIAL GENERAL LIABILITY INSURANCE

1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$5,000,000 Each occurrence
$5,000,000 General aggregate
$5,000,000 Products/Completed Operations aggregate
$5,000,000 Personal Injury

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

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

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

C. WORKERS’ COMPENSATION

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

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

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

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

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

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

3. Cancellation.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to nonpayment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of nonrenewal. b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non-renewal.

4. Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through D of this Exhibit C, above.

E. ADDITIONAL INSURANCE RELATED PROVISIONS
Developer and City agree as follows:

1. Developer 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 Developer, provide the same minimum insurance coverage required of Contractor, except as with respect to limits. Developer 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.

Developer 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. Developer 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 Developer for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

3. The City reserves the right to withhold payments from the Developer in the event of material noncompliance with the insurance requirements set forth in this Agreement.

F. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Developer, 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 described in this Agreement. Developer 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.

G. EVIDENCE OF COMPLIANCE
Developer 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, Developer shall submit to City copies of the actual insurance policies or renewals or replacements.

Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be mailed to:

EBIX Inc.

City of Santa Clara Electric Department
P.O. Box 100085 – S2 or 1 Ebix Way
Duluth, GA 30096 John’s Creek, GA 30097
Telephone number: 951-766-2280
Fax number: 770-325-0409
Email address: [email protected]
H. QUALIFYING INSURERS
All of the insurance companies providing insurance for Developer 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.

CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
Oil D BOO ~Ml B [)80 0 IJ!i [JI{] )clffl8888808&AJ BOBB O Oiilu ~Ul9000m.J 1)'8:@8888880.98:08flti8088@1JO A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California } County of Col'wr4 Wt.ki/4
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On k1.Yli.U1t 1/t-:!J , 1,,[Yfcf1 before me, -----'-'-:.U,:U:...!..I/.M~ =~;-L!J.,~W'.-"1---...J....l!J<:..IL...l,l~ ---_, 7" Date Here Insert Name and personally appeared 1otn LW\XJ M:~~PA VJ tv
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. i=••·········f _ • DAVID CHUA : I ... . - '"'"' S.n """' Mateo . County """"'" : s • Commission I 2385687 •
• •' My Comm. Explr~ Dec 7, 2025
Place Notary Seal and/or Stamp Above ·
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.
~l~cl-~ Signature _._U-<----___ _ .... _=---- -------
Signature of Notary Public

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: ___________________________ _ Document Date: _ ____________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name: ____________ _
o Corporate Officer - Title(s): _______ _ o Corporate Officer - Title(s): ______ _ o Partner - o Limited o General o Partner - o Limited o General o Individual o Attorney in Fact o Individual o Attorney in Fact o Trustee o Guardian or Conservator o Trustee o Guardian or Conservator o Other: ______________ _ D Other:

Signer is Representing: ________ _ _ Signer is Representing: _________ _ 00'8088lfflitJI ~ 0 001 0 0 0 E ] E O N81!CB !! 0 D [email protected] J □ J □ W Ml 8B 1)4 lfA88@:0iOPAi [Ma tm1 D OOi □ J E ©2019 National Notary Association

STATE OF WISCONSIN

COUNTY OF MIL WAUKEE
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Delaware limited liability company, on behalf of THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY, a Wisconsin corporation, to me personally known to be the person who executed the foregoing instrnment, and acknowledged that they executed the same freely and voluntarily for the uses and purposes mentioned in it and as the free act and deed of the said corporation
IN WITNESS WHEREOF I hereunto set my hand and official seal. vWleL.~
___ , Nota1y Public
Milwaukee County
My Commission Expires: yY\0t,vuh ( 11 L-02-'3
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-696 Agenda Date: 9/23/2025

REPORT TO COUNCIL

SUBJECT
Action on a Grant Agreement with the California Office of Traffic Safety, Amendment No. 4 to the Agreement with Safe Moves, Inc., for the Safe Routes to School Program, and Related Budget Amendments

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The City of Santa Clara administers the Safe Routes to School Program (SRTS Program) through a collaborative effort with the Santa Clara Unified School District (SCUSD). Currently, 17 schools participate in the program, which offers Safe Routes to School Maps, Bicycle & Pedestrian Rodeos, Walk & Bike to School Days, Traffic Safety Equipment Giveaways, Safety Education Curriculum, and Parent and School District staff workshops.

Since 2022, the City has received several grants from the California Office of Traffic Safety (OTS), which administers traffic safety grants from the National Highway Traffic Safety Administration (NHTSA).
· In July 2022, the City received a $25,000 grant from OTS to enhance the City’s SRTS Program. In November 2022, the City Council approved an agreement with Safe Moves, Inc. (Agreement) allocating the grant funds in support of the City’s SRTS Program (Attachment 2). · In July 2023, the City received an additional $45,200 OTS grant. In October 2023, the City Council approved Amendment No. 1 (Attachment 3) to the Agreement to use these funds. · In July 2024, the City received an additional $69,050 OTS grant. In September 2024, the City Council approved Amendment No. 2 (Attachment 4) to the Agreement to use these funds.

In June 2025, Amendment No. 3 (Attachment 5) was executed under City Manager Authority to revise unit quantities for the additional tasks added by Amendment No. 2, with no increase in compensation. These funds were used to purchase safety equipment, such as bicycle helmets, and to support activities including bicycle and pedestrian rodeos and student assemblies.

In January 2025, the Department of Public Works (DPW) submitted a third grant application to OTS for additional funding for the SRTS Program. On June 5, 2025, DPW received notification that the City was tentatively awarded a $105,000 grant from OTS.

The purpose of this report is to request Council authorization for the City Manager to execute the City of Santa Clara Page 1 of 4 Printed on 9/19/2025
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25-696 Agenda Date: 9/23/2025
2025 Grant Agreement with OTS (Attachment 1) and Amendment No. 4 to the agreement with Safe Moves, Inc. (Attachment 6). Both documents must be executed prior to OTS’ release of the grant funds.

DISCUSSION
As a condition of receiving the grant, the City is required to execute the Grant Agreement before OTS can approve the award of $105,000. The Grant Agreement stipulates that these funds must be expended between October 1, 2025, and September 30, 2026. Therefore, staff requests that the Council authorize the City Manager to execute the Grant Agreement as the Authorizing Official on behalf of the City.

Additionally, staff is seeking authorization to execute Amendment No. 4 to the agreement with Safe Moves. Amendment No. 4 will add the full grant amount of $105,000 to the Safe Moves agreement, bringing the total not-to-exceed amount to $819,250. The funds will support the purchase of helmets and other safety equipment, as well as additional programs, including student assemblies and bike rodeos. Rates for these activities and equipment are established in the agreement. The final form of Amendment No. 4 will contain additional language intended to address the terms of the Grant Agreement.

The Safe Moves agreement has an initial term beginning November 16, 2022, and ending November 30, 2025, with one option to extend an additional year through November 30, 2026. Staff is seeking authorization to revise the Option 1 expiration date from November 30, 2026, to July 31, 2027. These additional eight months will ensure that the program continues without interruption during the school year and will align the agreement term with the program dates.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a), as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

FISCAL IMPACT
The recommended budget action recognizes OTS grant funding in the amount of $105,000 and allocates those funds to a new 2025 Santa Clara School Pedestrian and Bicycle Safety Project in the Streets and Highways Capital Fund. This project will provide funding for Amendment No. 4 with Safe Moves.

Amendment No. 4 with Safe Moves for the SRTS program will increase the current $714,250 agreement by $105,000 for a total not to exceed amount of $819,250.

The table below summarizes the budget action for FY 2025/26.

Budget Amendment
FY 2025/26
Current Increase/
(Decrease)
Revised
Streets and Highways Capital Fund
Revenues
Other Agencies Revenue $28,571,001 $105,000 $28,676,001 City of Santa Clara Page 2 of 4 Printed on 9/19/2025
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25-696 Current Increase/ Agenda Date: 9/23/2025
(Decrease)
Revised
Streets and Highways Capital Fund
Revenues
Other Agencies Revenue $28,571,001 $105,000 $28,676,001 Expenditures
2025 Santa Clara School Pedestrian
and Bicycle Safety Project (New Project)
$0 $105,000 $105,000

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

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

RECOMMENDATION

1. Authorize the City Manager or designee to execute and take all necessary steps to implement the Grant Agreement between the City of Santa Clara and the State of California Office of Traffic Safety in the amount of $105,000 for the Safe Routes to School Program, subject to the review and approval as to form by the City Attorney;

2. Authorize the City Manager or designee to negotiate and execute Amendment No. 4 to the Agreement with Safe Moves, Inc. to increase the maximum compensation by $105,000 for a revised not-to-exceed amount of $819,250 and to revise the end date of Option 1 to July 31, 2027, subject to appropriation of funds and review and approval as to form by the City Attorney;

3. Authorize the City Manager or designee to make minor modifications to both agreements, if needed, subject to review and approval as to form by the City Attorney; and

4. Approve the FY 2025/26 budget amendment in the Streets and Highways Capital Fund to increase the Other Agencies Revenue estimate by $105,000 to recognize grant funding for the OTS grant and establish the 2025 Santa Clara School Pedestrian and Bicycle Safety Project in the amount of $105,000 (five affirmative Council votes required to appropriate additional revenue).

Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Jovan D. Grogan, City Manager

ATTACHMENTS

1. 2025 Office of Traffic Safety Grant Agreement

2. Original Agreement with Safe Moves and Report to Council No. 22-1190

3. Amendment No. 1 to Agreement with Safe Moves and Report to Council No. 23-936

4. Amendment No. 2 to Agreement with Safe Moves and Report to Council No. 24-702 City of Santa Clara Page 3 of 4 Printed on 9/19/2025
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25-696 Agenda Date: 9/23/2025

5. Amendment No. 3 to Agreement with Safe Moves

6. Amendment No. 4 to Agreement with Safe Moves (DRAFT) City of Santa Clara Page 4 of 4 Printed on 9/19/2025
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State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PS26052

1. GRANT TITLE
Pedestrian and Bicycle Safety Program

2. NAME OF AGENCY 3. Grant Period
Santa Clara From:

To:
10/01/2025
09/30/2026 4. AGENCY UNIT TO ADMINISTER GRANT
Santa Clara Public Works Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving pedestrians and bicyclists. The funded strategies may include classroom education, bicycle rodeos, community events, presentations, and workshops. These countermeasures should be conducted in communities with high numbers of pedestrian and/or bicycle related crashes including underserved communities, older adults, and school-aged children. Coordinated efforts such as Safe Routes to School initiatives, Safe System Approach, and working with community based organizations are highly encouraged to prevent fatalities and injuries of vulnerable non-motorized road users.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed:

Allocation is contingent upon availability of federal funds. $105,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
• Schedule A – Problem Statement, Goals and Objectives and Method of Procedure • Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable) • Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable) • Exhibit A – Certifications and Assurances
• Exhibit B* – OTS Grant Program Manual
• Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Steve Chan
Transportation Manager
[email protected]
(408) 615-3021
1500 Warburton Avenue
Santa Clara, CA 95050
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Jõvan Grogan
City Manager
[email protected]
(408) 615-2211
1500 Warburton Avenue
Santa Clara, CA 95050
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Kenn Lee
Finance Director
[email protected]
(408) 615-2344
1500 Warburton Avenue
Santa Clara, CA 95050
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Stephanie Dougherty
Director
[email protected]
(916) 509-3030
2208 Kausen Drive Suite 300
Sacramento, CA 95758
(Signature) (Date) (Signature) (Date)
8/8/2025 2:30:36 PM Page 2 of 16
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM#:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

RK62GLSXRUK9
1500 Warburton Avenue
Santa Clara
95050-3713
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES

AGREEMENT
TOTAL $105,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$105,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $105,000.00
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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PS26052

1. PROBLEM STATEMENT
Describe the city, county, or jurisdiction this grant will impact.

The City of Santa Clara (population: 131,062) has over 20 public elementary and middle schools in the Santa Clara Unified School District serving over 9,600 students. Currently the City is successfully running a Safe Routes to School program with past OTS awards and will expand the pedestrian and bike traffic safety training and education efforts. Most of the schools in Santa Clara are located adjacent to collector or higher capacity roadways that requires added caution when students walk or bike to school. Several schools have contacted the City to incorporate pedestrian and bicycle traffic safety upgrades on nearby roadways. The City has approximately 30,000 residents or about 23% of the citywide population in at-risk communities that have limited access to transportation, health, economy, resilience, and environmental resources. One school within the at-risk communities has submitted a petition from over 100 people to encourage the City to make bicycle and pedestrian safety improvements near the school.

Describe the problem(s) to be addressed, supported by current and relevant crash data. (most recent calendar year data/stats).

Over the past three years (2022-2024), the City had 1,015 crashes in total, 104 bicycle-involved crashes (10%) and 130 pedestrian-involved crashes (13%). Of these bicycle and pedestrian crashes, unfortunately there were 223 injuries and 11 fatalities. Seven pedestrians under 15 years old and twelve bicyclists under 15 years old were injured. Data has shown that a high concentration of the bicyclist and pedestrian involved crashes are near school zones. Several schools have contacted the City to incorporate pedestrian and bicycle safety upgrades on nearby roadways.

Define the target population the grant intends to serve and how they are affected by the problem(s).

The traffic safety program includes conducting student assemblies and bike rodeos for traffic safety education purposes, purchasing and distributing traffic safety items at elementary and middle schools in Santa Clara. The student assemblies and bike rodeos in conjunction with other planned City projects will be used to address traffic safety concerns with a goal of enhancing traffic safety around the schools and increase the number of students walking and biking to school.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of pedestrians killed under age 15 in traffic crashes.

6. Reduce the number of pedestrians injured under age 15 in traffic crashes.

7. Reduce the number of pedestrians killed over age 65 in traffic crashes.

8. Reduce the number of pedestrians injured over age 65 in traffic crashes.

9. Reduce the number of bicyclists killed in traffic crashes.

10. Reduce the number of bicyclists injured in traffic crashes.

11. Reduce the number of bicyclists under age 15 killed in traffic crashes.

12. Reduce the number of bicyclists under age 15 injured in traffic crashes.

13. Increase bicycle helmet usage.

B. Objectives: Target Number

1. Issue a news release announcing the kick-off of the grant by December 31st. The kick-off news releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 8/8/2025 2:30:36 PM Page 4 of 16

2. Participate in the following campaigns: National Walk to School Day, National Bicycle Safety Month, California's Pedestrian Safety Month and National Pedestrian Safety Month.
4 3. Conduct pedestrian and/or bicycle safety presentations. 125

4. Participate in Safe Routes to School coalition meetings. 2

5. Conduct bicycle helmet usage surveys pre and post-grant activities. Bicycle helmet usage surveys should occur at the start and end of the grant. A pre-survey will be required to determine the base year helmet use rate and a post-survey will be required to determine the operational rate. Pre and post surveys should be conducted at the same location. Upload completed survey to GEMS. 2 6. Conduct bicycle rodeos. 50

7. Distribute and properly fit OTS funded bicycle helmets at no cost to community members in need who receive bicycle helmet safety education. 500

8. Purchase bicycle helmets. 500

9. Execute subcontracts referenced in the budget. Prior to finalizing the subcontract, grantee should work with the OTS to ensure all costs in the sub contract are allowable. Upon execution of subcontract, upload a copy of the subcontract and request a revision to the grant budget to add new budget line items for associated costs under contractual services. If not yet executed, provide ETA. 1 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year) • Develop operational plans to implement the “best practice” strategies outlined in the objectives section.
• Conduct all training needed to implement the program, in the first quarter. • Purchase all grant related supplies and materials to implement the program, in the first quarter. • Items with a unit cost of $5,000 or more (including tax and shipping) must comply with Buy America.

Media Requirements
• Issue a news release approved by the OTS PIO announcing the kick-off of the grant by December 31 and after the grant is signed and executed, but no sooner than October 1, the start of the grant year. The kick-off release must be approved by the OTS PIO. If you are unable to meet the December 31 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year) Media Requirements
The following requirements are for all grant-related activities:
• Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
• Send all PowerPoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
• The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator. • Pre-approval is not required when using any OTS-supplied template for media advisories, news releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a news release, educational material, or link to social media post.
• If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator.
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• News releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are EXEMPT from the OTS PIO approval process.

The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
• Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are EXEMPT from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with the embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email. • Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval.
• Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
• Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication. • Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult the OTS PIO and copy your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.
• Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grantrelated event or program. Media and program highlights are to be reflected in QPRs. • Any news releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
• For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website. • Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
• Collect and report quarterly, appropriate data that supports the progress of goals and objectives. • Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
• Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
• Collect, analyze and report statistical data relating to the grant goals and objectives. 8/8/2025 2:30:36 PM Page 6 of 16

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PS26052

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
402PS-26 20.600 State and Community Highway
Safety
$105,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
$0.00
Category Sub-Total $0.00
B. TRAVEL EXPENSES
$0.00
$0.00
Category Sub-Total $0.00
C. CONTRACTUAL SERVICES
> Bike Rodeos 402PS-26 $1,500.00 50 $75,000.00
>Traffic Safety Student Assemblies 402PS-26 $200.00 125 $25,000.00 > Bike Helmets 402PS-26 $10.00 500 $5,000.00
Category Sub-Total $105,000.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
$0.00
Category Sub-Total $0.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $105,000.00
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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PS26052

BUDGET NARRATIVE

PERSONNEL COSTS
-

TRAVEL EXPENSES
-

CONTRACTUAL SERVICES
> Bike Rodeos - Conduct on-bike rodeo clinics to teach children the skills and best practices to ride a bicycle safely.
>Traffic Safety Student Assemblies - Conduct student assemblies that teach best practices for bicycle and pedestrian traffic safety.
> Bike Helmets - Bicycle Helmets - Helmets to be distributed at no cost during bicycle rodeos and other bicycle safety related trainings and events.

EQUIPMENT
-

OTHER DIRECT COSTS
-

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

Salaries may include wages, salaries, special compensations, or authorized absences such as annual leave and sick leave provided the cost for the individual employee is (a) reasonable for the services rendered, and (b) follows an appointment made in accordance with state or local laws and rules and meets federal requirements.

Any non-grant funded vacancies created by reassignment to a grant-funded position must be filled at the expense of the grantee agency.

Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant. 8/8/2025 2:30:36 PM Page 9 of 16
State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PS26052
Appendix A to Part 1300—Certifications and Assurances for Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117- 58)
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.

Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
• 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended; • Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; • 23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs; • 2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
• 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
• 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
• The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the
Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federallyfunded or not); • Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38
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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.”
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred to as DOT order 1050.2A) [1]
in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the § 2 i .23(6) and (e) of
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form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any subrecipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or ------------------------------------------
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rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to subrecipients as well as States)

CERTIFICATION FOR CONTRACTS,GRANTS,LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES) 8/8/2025 2:30:36 PM Page 13 of 16

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart

9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT,SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—PRIMARY TIER

COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and 8/8/2025 2:30:36 PM Page 14 of 16
its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart

8. Nothing contained in the foregoing shall be construed to require establishment of a system of 8/8/2025 2:30:36 PM Page 15 of 16
records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY AND VOLUNTARY EXCLUSION—LOWER TIER

COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

DISCLOSURE REQUIREMENTS
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No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient.

If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website ( www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or reevaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

EBIX Insurance No. S200003681

AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANT A CLARAJ CALIFORNIA,
AND
SAFE MOVES, INC.

PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Safe Moves, Inc., a California corporation, (Consultant). City and Consultant may be referred to individually as a "Party', or collectively as the ''Parties" or the "Parties to this Agreement."

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

The Parties agree as follows:

AGREEMENT TERMS AND CONDITIONS

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

Exhibit A- Scope of Services
Exhibit B1 - Schedule of Fees
Exhibit B2 - Fees by Task and Year
Exhibit C - Insurance Requirements
Exhibit D - Notice of Exercise of Option to Extend Agreement Agreement with Safe Moves, Inc.

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This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandin9s of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.

2. TERM OF AGREEMENT
A. Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on November 16, 2022 and terminate on November 30, 2025.

8. After the Initial Term, the City reserves the right, at its sole discretion, to extend the term of this Agreement for up to one (1) additional one-year term through November 30, 2026 ("Option Period"), subject to the appropriation of funds . See Exhibit D for Notice of Exercise to Option to Extend Agreement Form.

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

4. WARRANTY
Consultant expressly warrants that all materials and services covered by this Agreement shall be fit for the purpose intended, shall be free from defect and shall conform to the specifications, requirements and instructions upon which this Agreement is based. Consultant agrees to promptly replace or correct any incomplete, inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Consultant. If Consultant fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Consultant for the cost incurred by City.

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

Agreement with Safe Moves, Inc.

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6. COMPENSATION AND PAYMENT
In consideration for Consultant's complete performance of Services, City shall pay Consultant for all materials provided and Services rendered by Consultant in accordance with Exhibit B1 , entitled "SCHEDULE OF FEES." The maximum compensation of this Agreement is Six Hundred Thousand Dollars ($600,000), subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Consultant's expense.

Consultant shall not be entitled to any payment above the maximum compensation under any circumstance.

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

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

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

8. ASSIGNMENT AND SUBCONTRACTING
City and Consultant bind themselves1 their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Consultant shall not hire subconsultants without express written permission from City.

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

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

Agreement with Safe Moves, Inc.

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

11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documentsj discussions or other information developed or received by or for Consultant and all other written information submitted to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Consultant which is otherwise known to Consultant or becomes generally known to the related industry shall be deemed confidential.

12. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, draw1ngs, plans, diagrams, quantities, estimates, specifications, proposafs, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Consultant may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Consultant shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties,

13. RIGHT OF CITY TO INSPECT RECORDS OF CONSUL TANT
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Consultant for the purpose of verifying any and all charges made by Consultant in connection with Consultant compensation under this Agreement, including termination of Consultant. Consultant agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Consultant shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City, Consultant shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing . Consultant Agreement w1th Safe Moves, Inc.

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agrees to assist City in meeting City's reporting requirements to the State and other agencies with respect to Consultant's Services hereunder.

14. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by I.aw, Consultant agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney's fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner arising from, or alleged to arise in whole or in part from, or in any way connected with the Services performed by Consultant pursuant to this Agreement - including claims of any kind by Consultant's employees or persons contracting with Consultant to perform any portion of the Scope of Services - and shall expressly include passive or active negligence by City connected with the Services. However, the obligation to indemnify shall not apply if such liability i.s ultimately adjudicated to have arisen through the sole ~ctive negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.
f? . Consultant's obligation to protect, defend, indemnify, and hold harmless in ful l City and City's employees, shall specifically extend to any and all employment-related claims of any type brought by employees, Consultants, subconsultants or other agents of Consultant, against City (either alone, or jointly with Consultant), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.

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

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

16. WAIVER
Consultant agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City's review, acceptance nor payments for any of the Services required under this Agreement Agreement with Safe Moves, Inc.

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shall be constructed to operate as a waiver of any tights under this Agreement or of any cause of action arising out of the performance of this Agreement.

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

City of Santa Clara
Attention: Department of Public Works, Carol Shariat
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected]
And to Consultant addressed as follows:

Pat Hines
Safe Moves
15500 Erwin Street #2457
Van Nuys, CA 91411
and by e-mail at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.

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

18. COMPLIANCE WITH LAWS
Consultant shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to 'The Code of the City of Santa Clara, California" ("SCCC"). In particular,. Consultant's attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.1 55), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Consultant has read and agrees to comply with City's Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299).

19. CONFLICTS OF ·INTEREST
Consultant certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Consultant and that no person associated with Consultant has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Consultant is familiar with the provisions of California Government Code section 87100 and Agreement with Safe Moves, Inc.

Rev. 07-01-18

Page 6 of 38 ends

following, and certifies that it does not know of any facts which would violate these code provisions. Consultant will advise City if a conflict arises.

20. FAIR EMPLOYMENT
.

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

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

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

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

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

25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same fnstrument.

Agreement wlth Safe Moves, Inc.

Rev. 07-01-18

Page 7 of 38 ends

The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form:

Office
~-
of the City Attorney
City of Santa Clara
Dated:

Dated:
uj
"CITY"
aj
City anager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
SAFE MOVES, INC.
a California corporatfon
11/10/2022
By (Signature): ---~--------------,-,
~ yr1. -L ~
------------------ Name: Pat Hines
Title: Founder/Executive Director
Principal Place of 15500 Erwin Street, #2457
Business Address: Van Nuys, CA 91411
Email Address: [email protected]
Telephone: (408) 374-8991
Fax: N/A
Agreement with Safe Moves, Inc.

Rev. 07-01 -18
"CONSUL TANT"

Page 8 of 38 ends

EXHIBIT A

SCOPE OF SERVICES
This Scope of Services defines the services and responsibilities of Consultant to provide professional services continuation of the City's Safe Routes to School program.

In addition to this Exhibit A, the Consultant's proposal in response to SQQ #22-23-10 dated August 12, 2022 and Consultant's Best and Final Offer dated September 2, 2022 provide context, supplemental information, and are incorporated by reference to the extent not inconsistent with the Agreement.

1. GENERAL

1.1. Consultant will provide professional services to implement Phase 3 of the City's Safe Routes to School (SRTS) program which encourages students to walk, bike, or scooter to and from school. Services will include education, encouragement, and evaluation aspects of the SRTS program. During Phase 3 , additional schools will be added to the program and maps will be updated. 1,2. For Phase 3, the Consultant will provide services to expand the number of schools from the Santa Clara Unified School District (School District) participating in the City's existing program from twelve to seventeen. Services provided by Consultant will include developing SRTS maps 1 updating existing SRTS maps, outreach to schools, parents, Parent Teacher Associations (PTAs), neighbors, and students, and before and after surveys.

2. SCHOOLS

2.1. Phase 3 of the SRTS program will include the 12 schools already participating, plus five (5) additional schools as indicated in the table below. Phase 3 will continue through June 30, 2025.

Participating Schools in the SRTS Program
Bowers Elementary Hughes Elementary
Bracher Elementary Montague Elementary
Briarwood Elementary Scott Lane Elementary
Cabrillo Middle School Sutter Elementary
Don Callejon (K-8) Washington Elementary
Haman Elementary Westwood Elementary
Additional Schools to Add to the SRTS Program
Buchser Middle School Milliken Elementary
Central Park Elementary Pomeroy Elementary
Laurelwood Elementary
Agreement with Safe Moves, lnc./Exhibit A-Scope of Services Rev. 07-01 -18

Page 9 of 38 ends

2.2. In addition, Consultant shall review and be familiar with the following documents for successful completion of this project:

2.2.1. Pedestrian Master Plan - https://www.santaclaraca.gov/ourcity/d epa rt men ts-g-z/pu b I ic-wo rks/e n gin ee ring /traffice ng i nee ring/ped estria n-master-p la n

2.2.2. Bicycle Master Plan - https://www.santaclaraca.gov/ourcity/de pa rtments-g-z/p u bl ic-wo rks/e n g inee ring/traffic-:
engineering/bicycle-master-plan-update-2018.

2.2.3. Safe Routes to School Phase 1 Final Report - City will provide

2.2.4. Safe Routes to School Phase 2 Final Report- City will provide

3. TASKS

3.1. The Consultant's general scope of work includes the implementation of the City's SRTS program; organize, facilitate, promote events and activities relating to the program and facilitate and document before and after surveys.

The program must include the training of teachers/PTA/volunteers to continue the program beyond this third phase of the project.

3.2. iASK 1: PROJECT INITIATION/MANAGEMENT
Task 1.1 Project Kick-off Meeting:

3.2.1 . Upon receipt of a written "Authorization to Proceed'' from the City, the City will hold a kick-off meeting with the Consultant team to review project scope, data requests, progress reports, deliverables, and timeline. City staff requires three (3) weeks for review and comment on administrative draft deliverables.

3.2.2. Consultant will provide an agenda for the project kick-off meeting with action items for review, and upon approval, distribute the final agenda.

3.2.3. Consultant will produce a short, informative PowerPoint to outline the work plan and strategies to be used to accomplish the project goals and objectives.

3.2.4. Consultant will provide a draft of the post-meeting notes, with action items, no later than seventy-two (72) hours after the meeting. A final draft will be provided within forty-eight (48) hours after receiving feedback from City project Manager.

Task 1.2 Staff Coordination with Consultant:

3.2.5. Biweekly face-to-face or conference call project team meetings with Consultant will be held to ensure good communication on upcoming tasks and to make sure the project remains on time and within budget.

Agreement with Safe Moves, lnc./Exhlblt A-Scope of Services .Rev. 07-01-18

Page 10 of 38 ends

Task 1.3 Project Invoicing:

3.2.6. Consultant will prepare monthly invoices broken down by tasks with project reports that will be a concise summary status of activities and deliverables.

3.2.7. Monthly project report will document the program highlights, program activities, schedules of upcoming activities, certification forms documenting activities, meeting agendas and summary notes, photos/videos, copies of all collateral materials and copies of print and electronic media.

3.2.8. Monthly progress reports and invoices will be sent by the Consultant to the City Project Manager.

Task 1 Deliverables:

Task Deliverable

1.1 Meeting agenda and minutes

1.2 Biweekly meeting agenda, minutes, and action
items

1.3 Monthly progress reports and invoices

3.3. TASK 2: OUTREACH
Task 2.1 Website, Voicemail, and Email:

3.3.1. Website Production and Monitoring: Consultant will produce and monitorwebsite and social media platform such as Facebook, Twitter, lnstagram, Pinterest, YouTube and Vine. Consultant will:

3.3.1.1. Prepare an outline for relevant and timely social media updates and schedule of suggested social media posts, in coordination with the City Project Manager and Santa Clara Unified School District

3.3.1.2. Create social media platforms with unique names and hashtags for the campaign (for example, @SantaClara
SRTS, #SantaClaraSRTS) and encourage followers to use
the hashtags when sharing campaign messages.

3.3.1.3. Work with the City Project Manager to develop an editorial calendar to be posted on the City and School websites that will outline topics to be covered throughout the project term.

3.3.1.4. Will develop content for a quarterly electronic newsletter to be posted on school and City websites.

3.3.2. The goals of the website and social media are to:

Agreement with Safe Moves, lnc./Exhibit A-Scope of Services Rev. 07-01-18

Page 11 of 38 ends

3.3.2.1. Generate content to develop an online community with parents, teachers, school administrators, and neighboring residents and business

3.3.2.2. Generate participation of SRTS Pop-Up events

3.3.2.3. Calendar listing of school events

3.3.2.4. Encourage active transportation options

3.3.2.5. Provi'de an online open forum for conversation

3.3.2.6. Increase awareness of bicycle and pedestrian safety

3.3.3. Consultant will create a project phone number/hotline and emall address for the public to leave comments regarding the project.

3.3.3.1 . Consultant will monitor the phone line daily, and all calls will be answered within 48 hours. A summary of calls and
comments will be included in the monthly reports.

3.3.3.2. Consultant will monitor emails and all emails will be answered within 48 hours.

Task 2.2 Event Advertisement:

3.3.4. Consultant will provide advertising material to promote events documented in Task 3 and 4 to students, parents1 school staff and other stakeholders. Advertising material can include items such as flyers (digital), posters, press release for SRTS kick-off event, text for both school and City websites and principal emails. All text on flyers, posters, and school websites related to all the events/activities must be approved by School District before distribution.

3.3.5. As described in Tasks 3 and 4, the Consultant will conduct a total of 237 events/workshops over the three (3) year program period. The Consultant will prepare '237 digital flyers (one flyer for each event) to be posted on the Peachjar website/platform.

3.3.5.1. Press release/advertisement/text will need to be developed for all 237 events that will be posted on both the City's project website page and each school's webpage. Finally, a total of 1,422 posters (6 posters for each event) shall be prepared to be displayed on each school campus.

3.3.6. Below are the deliverables for Task 2.

Task Deliverable

2.1 Project website, promotion materials

2.2 237 digital flyers
1,422 Posters
Agreement with Safe Moves, lnc./Exhibit A-Scope of Services Rev. 07-01-18

Page 12 of 38 ends

Task Deliverable
Press release/advertisement text all 237
events to be placed on all 17 school's
webpages and City's website.

3.4. TASK 3: EDUCATION
Task 3.1 Safe Routes to School Maps:

3.4.1. Consultant will conduct a walk audit within a half-mile of Washington Elementary which was included in Phase 2 of the program, along with Laurelwood Elementary and Milliken Elementary schools which are included in this Phase 3 of the program, to determine the best walking and biking routes to the school. Based on the walk audit along with 5- year collision history and crime statistics, the Consultant shall develop a SRTS walking/biking map for both elementary schools. The map must show locations of stop sign and traffic signal controlled intersections, marked crosswalks, crossing guards, all existing signs and marking, and other features that would concert study safety when walking/biking to school. An electronic copy of the map will be provided to the schools.

3.4.2. Consultant will identify infrastructure deficiencies such as sidewalks, crosswalk treatments, signing and striping upgrades, signalization modification, and other physical improvements. An infrastructure deficiency inventory list and maps showing the location of the improvements for all three schools listed above, along with engineering cost estimates for the improvements shall be provided to the City.

3.4.3. Consultant will review all SRTS maps already produced for 14 schools and develop maps for Laurelwood Elementary, Milliken Elementary and Washington Elementary. Consultant will update the maps to reflect existing conditions and to modify SRTS maps if safer biking/walking routes are found. Consultant will also take into consideration the most recent five-year collision data and crime statistics while updating all the existing maps. An electronic copy of the updated maps will be provided to each of the schools.

Task 3.2 Bicycle and Pedestrian Student Skills Training Rodeos

3.4.4. Consultant will teach students how to safely bike, walk, or scooter to school while following all traffic laws. Consultant will conduct 51 bicycle and pedestrian student skills training called rodeos (one rodeo each year at each of the 17 schools specified in Section 2 .1 herein) over the three-year program. The rodeos must be completed for each class and one grade at a time to accommodate the learning abilities of all the different ages of students. The Consultant will be at one school for eight hours for maximum efficiency to train all the students at each Agreement with Safe Moves, lnc./ExhibitA-Scope of Services Rev. 07-01-18

Page 13 of 38 ends

school. A total of 51 bicycle and pedestrian student skills training courses will occur over the course of the three-year program.

3.4.5. Consultant will create a rodeo toolkit that can be used for the bicycle and pedestrian student skills training courses described above. This toolkit can then be used at all of schools every year of the program.

Task 3.3 Parent/Teacher/Coordinator Training Workshops

3.4.6. Consultant shall conduct 17 parent, teacher, and coordinator training workshops on how to continue the SRTS program after the completion of Phase 3. The workshops shall be conducted at each of the 17 schools during the three~year term of the program.

3.4.7. The workshop will include the following components:

3.4.7.1 . The need, approach and benefits of bicycle and pedestrian safety education

3.4.7.2. Responsibilities of the SRTS volunteer (quallfications, screening, time commitment)

3.4.7.3. Teaching skills (Do's and Don'ts)

3.4.7.4. Understanding children's behaviors

3.4. 7. 5. Program Evaluation

3.4.7 .6. Training techniques for bicycle and pedestrian safety

3.4.7.7. How to fit and adjust bicycles helmets

3.4.7.8. Bicycle Maintenance

3.4.7.9. Distribution of Handbook

3.4.8. A SRTS Toolkit that was developed in the last phase of the program will be used to train all those that may be involved in continuing the SRTS program. The Consultant will review the SRTS Toolkit and revise if necessary. The Toolkit will be used at the training workshops.

Consultant will convert the SRTS toolkit to an on-line learning platform.

3.4.9. ln addition to the basic tasks to sustaining the SRTS program, participants will be taught:

3.4.9.1. How to use the Safe Routes Toolkit

3.4.9.2. Safe places to ride and walk

3.4.9.3. Unsafe places to ride and walk

3.4.9.4. Explanation of traffic signs and signals

3.4.9.5. Rights and responsibilities of bicyclists and pedestrians

3.4.9.6. Helmet use (proper fit and adjustment)
Agreement with Safe Moves, lnc./Exhibit A-Scope of Services Rev. 07-01-18

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3.4.9.7. Recognition and avoidance of common bicycle and pedestrian collisions

3.4.9.8. Explanation and demonstration of the role of crossing guards

3.4.9.9. Explanation/simulation of traffic environment (infrastructure)

3.4.9.10. Understanding of driver, bicyclist, and pedestrian behaviors

3.4.9.11. School trar:,sportation/traffic policies (pick-up and drop-off procedures)

3.4.9.12. Explanation of the school routes/neighborhood maps

3.4.9.13. Effects of bicycling and walking for a cleaner environment

3.4.9.14. Identification and avoidance of hot spots (crime , bullies, hazards, corners & crosswalks, truck traffic)

3.4.9. 15. Explanation and promotion of Walking School Buses, Bicycle Trains, and scheduled encouragement programs

3.4.10. Below are the deliverables for Task 3.

Task Deliverables
Draft Safe Routes to School Maps (17)
Final Safe Routes to School Maps (17)
Draft Infrastructure Deficiency List, Map, and Cost

3.1 Estimates (3 schools)
Final Infrastructure Deficiency List, Map, and Cost
Estimates (3 schools)
Bicycle and Pedestrian Rodeos (51 events)
Summary of Conducted Rodeos , including pictures

3.2 (51 workshops)
Rodeo Toolkit (1)
Parent/teacher/coordinator training workshops (17
workshops)
Summary of Conducted Workshops, including
pictures (17 workshops)

3.3 Electronic copy of the revised Draft Safe Routes to School Toolkit
Electronic copy of the revised Final Safe Routes to
School Toolkit
Agreement with Safe Moves, lnc./Exhib1t A-Scope of Services Rev. 07-01-18

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3.5. TASK 4: ENCOURAGEMENT
Task 4.1 Kick-off Event

3.5.1. Consultant will conduct one SRTS kick-off event which will be conducted at one of the new participating schools. Consultant will coordinate with the School District to decide which school will host the kick-off event. Attendees at the event can include the Mayor, Councilmembers, motorcycle or bicycle Police Officers, Sharkie or 49ers mascot, etc. A press release will be conducted related to the event as well.

Task 4.2 Pop-Up Events

3.5.2. Consultant will conduct 15 SRTS pop-up events (five events per year).

The pop~up events are recommended to be booths at City community events such as the Art &Wine Festival, Earth Day, Health Fair, and Back-to-school night. Walking and biking incentives can be given out at these events such as helmets, safety lights, and pedometers.

Task 4.3 Encouragement Events

3.5.3. Consultant will conduct 153 total events (three events each year at each of the 17 schools) over the three-year program. The events will promote and encourage walking and bicycling to school and can include helmet decorating contests, "walk and roll" Fridays, helmet fitting events, walking school buses, and bicycle trains. The walking school buses and bicycle trains will coincide with October's Walk to School Day and May's Bike to School Day, respectively. Consultant will set up a meeting between the school principals, school district representatives, and City representatives to plan all events/activities.

3.5.4. The City received a California Office of Traffic Safety grant where a portion of the grant must be used to purchase helmets. Consultant must purchase $5000 worth of helmets to give away at any of the educati.on or encouragement events. In addition, Consultant will purchase another $5,000 worth of any of the following combined:
bicycle lights, pedometers, rubber bracelets that have a safety message written across them or other safety devices to encourage safe walking and bicycling and can be handed out at all of the encouragement events/activities.

3.5.5. Below are the deliverables for Task 4.

Task Deliverable
One (1) Kick-Off Event

4.1 Meeting agenda, minutes, and action items for kick-off event (1 school)
Draft Press Release
Agreement with Safe Moves, lnc./Exhibit A-Scope of Services Rev. 07-01-18

Page 16 of 38 ends

Task Deliverable
Final Press Release
Summary of kick-off event, including pictures
Pop-up events (15 total events)

4.2 Summary of each pop-up event, including pictures (15 total events)
Encouragement events (153 total events)
Meeting agenda, minutes, and action items for each event (153 total activities/events)

4.3 Summary of each encouragement event/activity, including pictures (153 total activities/events)
$10,000 worth of bicycle helmets, lights, or other safety devices.

3.6. TASK 5: PROGRAM ~VALUATION
Task 5.1 Surveys

3.6.1. Consultant will create, distribute, analyze, and tabulate parent surveys and in-class student hand tallies yearly at each of the schools using standard Federal SRTS forms to evaluate changes in behavior associated with the program and to establish a baseline and ongoing data. Consultant will distribute one hand tally per classroom for each round of surveying and work with the teachers so that they understand how to administer the survey. Parent surveys will be provided in English, Spanish, and Chinese as these are the three most spoken languages within Santa Clara. An online survey must also be created and placed on the project's webpage. Consultant will conduct one parent survey and student tally at the beginning of the school year and at the end of the school year for all three years of the program, a total of six (6) surveys/tallies.

3.'6.2. Consultant will need to do a tally of students usihg helmets at the start of the project, in the first year of the program, and then again in September of 2023. Each tally will be done at all 17 schools in the program. Consultant will provide a short summary report of the results of both tallies to the City.

Task 5.2 Annual Reports and Evaluation Report

3.6.3. Consultant will produce an annual report to summarize the program activities including number of events held, number of participants, and results of the parent surveys and student tallies for each of the schools.

3.6.4. The annual report will include the following:

Agreement with Safe Moves, lnc./Exhlbit A-Scope of Services Rev. 07-01 -1 8

Page 17 of 38 ends

3.6.4.1. Program Highlights/ Success Stories

3.6.4.2. Summary of Key Policies and Documents

3.6.4.3. Outline of Goals and Objectives

3.6.4.4. Milestones

3.6.4.5. School Databases

3.6.4.6. Summary of Program Activities
3 .6 .4. 7. Certification Forms documenting activities

3.6.4.8 . Milestones

3.6.4.9. Summary of helmet and safety equipment distribution

3.6.4.10. Copies of Meeting Agendas and Summary Notes

3.6.4.11 . PhotosNideos of Educational and Encouragement Programs

3.6.4.12. Program Pre and Post Surveys (parent, student & helmet)

3.6.4.13. Copies of all Collateral Material and Promotional Material

3.6.4.14. Letters of Support/Appreciation
3-.6.4.15. Results of Contests

3.6.4.16. Copies of Print and Electronic Media

3.6.4.17. Challenges - Barriers and how they were overcome

3.6.4.18. Next Steps/Strategies for Stakeholders ·

3.6.4.19. Directory of all Resource materials

3.6.4.20. Recommendations for future programming/ sustainability

3.6.5. At the end of the project, the Consultant will produce a final program evaluation report for all three program years which should include recommendations, so the program continues and remains sustainable in the future. The final report will be submitted in the following formats:

3.6.5.1. Final PDF

3.6.5.2. Original Word

3.6.5.3. Five (5) bound copies

3.6.5.4. One (1) unbound hard copy

3.6.6, Below are the deliverables for Task 5.

Task Deliverable
Draft Parent survey and student tally form (17 schools) Final Parent survey and student tally form (17 schools)

5.1 Parent surveys and student tallies (6 total surveys/tallies at all 17 schools)
Parent survey in English, Spanish, and Chinese
Agreement with Safe Moves, lnc./Exhibit A-Scope of Services Rev. 07-01 -18

Page 18 of 38 ends

Task Deliverable
Students using helmet tally (2 total tallies at all 17 schools) Summary report of two helmet tallies

5.2 Three (3) annual reports (17 schools)
One ( 1) program evaluation report
Agreement with Safe Moves, lnc./Exhibit A-Scope of Services Rev. 07-01-18
-

Page 19 of 38 ends

EXHIBIT B1

SCHEDULE OF FEES

1. MAXIMUM COMPENSATION

1.1. The maximum amount payable for all services provided under this Agreement shall not exceed Six Hundred Thousand Dollars ($600,000), during the three-year initial term of the Agreement. No additional services will be performed unless both Parties execute an amendment outlining the services requested and the compensation agreed for such services.

1.2. All payments are based upon City's acceptance of Consultant's performance of services specified in Exhibit A, Scope of Services. City shall have no obligation to pay unless Consultant has successfully completed the work for which payment is due.

1.3. The compensation amount is specified below:

Total for All Tasks for Three Program Years (See B2 for Task Cost Breakdown by Year)
Contingency (Shall be used only for additional scope.)
lOTAL MAXIMUM COMPENSATION NOT-TO-EXCEED

2. FEES
$568,384.75
$31,615.25
$600,000.00

2.1. The hourly rates for Consultant's Personnel are listed below in Table 82; Program Manager (Safe Pat Hines Moves)
Program Coordinator Pamela Nye Pedersen (Safe Moves)
Instructor Quinn Danz (Safe Moves)
Instructor Will Mellon (Safe Moves)
Instructor Marni Spencer-Delvin (Safe Moves)
Graphic and Social Media
Coordinator Eve Mazzara
(Safe Moves)
Agreement with Safe Moves, lnc./Exhibit B1-Schedule of Fees Rev. 07-01-18
$127.02
$46.22
$36.98
$36.98
$36.98
$46.22

Page 20 of 38 ends

Title Personnel Hourly Rate
Program Manager (KOA) Carlos Velasquez $164.99
Associate Planner Alberto Salgado $115.00 (KOA)
Associate Planner Sarai Osorio $51.76 (KOA)

2.2. The City will pay the Consultant for each task based on the task breakdown specified in Exhibit 82.

3. PRICING

3.1. All hourly rates are fixed for the Initial Three-Year Term of the Agreement.

3.2. Contractor may request price adjustments after the initial three year term. Any price increases must be supported by a relevant industry specific index.

Requests for increase must be fully documented by Contractor. Price adjustments are subject to City's approval.

4. INVOICING REQUIREMENTS

4.1, Consultant shall invoice the City on a monthly basis for services performed by Consultant during the preceding month and provide the invoice in a format approved by the City, including but not limited to the information listed under Section 4.3 below.

4.2. City shall pay Consultant within thirty (30) days of City's receipt of an approved invoice.

4.3. Invoices shall include, at a minimum, the following:

4.3.1. Identify the task services were provided for;

4.3.2. Description of work performed;

4.3.3. Deliverables completed;

4.3.4. Amount for services provided by task;

4.3.5. The not-to~exceed amount for the task, invoiced amount to date, amount for the current invoice, and remaining noHo-exceed amount for the task.

Agreement with Safe Moves, lnc./Exhiblt B1-Schedule of Fees Rev. 07-01~18

Page 21 of 38 ends

EXHIBIT 82

FEES BY TASK AND YEAR

1. The City will pay Consultant for Year 1 based on the fee breakdown below:

TA$ I
K# DESCRIPTION I BUDGETED I
HOURS
1 PROJECT INITIATION

1.1 Project Kick-Off Meeting - Meeting Agenda, Minutes, Action Items
- Pat Hines, Program Manager (Safe Moves) 20
- Pamela Nye Pedersen, Program Coordinator 10 (Safe Moves)

1.2 Staff Coordination with Consultant - Biweekly Meetings - Pat Hines, Program Manager (Safe Moves) 80
- Pamela Nye Pedersen, Program Coordinator 50 (Safe Moves)

1.3 Project Invoicing - Monthly Progress Reports with Invoicing - Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator 50 (Safe Moves) TOTAL FOR TASK 1 240
2 OUTREACH

2.1 Website, Voicemail, and Email
Produce and monitor website
- Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator 40 (Safe Moves) - Eve Mazzara, Graphic and Social Media 70 Coordinator (Safe Moves) Establish and monitor [:!hone lines/voicemails/emails
- Pat Hines, Program Manager (Safe Moves) 20
- Pamela Nye Pedersen, Program Coordinator 40 (Safe Moves)

2.2 Event Advertisement
Advertising/[:!romotional materials
- Pat Hines, Program Manager (Safe Moves) 40
- Pamela Nye Pedersen, Program Coordinator 40 (Safe Moves) - Eve Mazzara, Graphic and Social Media 50 Coordinator (Safe Moves) 85 eventfworksho[:!s announcements QOsted & 508 QOsters P ri nted/d is olaved
Agreement with Safe Moves, lnc./Exhibit B2-Fees by Task and Year Rev. 07-01-18
TOTAL
$3,00~.60
$12,472.60
$6,121.60
$21,596.80
$13,284.00
$8,894.80
$4,389.20
$17,211.00
$9,240.60
$7,970.40

Page 22 of 38 ends

TAS I
K# DESCRIPTION I BUDGETED I
HOURS
- Pat Hines, Program Manager (Safe Moves)
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves}
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves)
TOTAL FOR TASK 2
3 EDUCATION

3.1 Safe Routes to School Maps
Walk Audits (3 Schools}
- Pat Hines, Program Manager (Safe Moves)
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves)
~ Quinn Danz, Instructor (Safe Moves)
- Will Mellon, Instructor (Safe Moves)
- Marni Spencer-Devlin, Instructor (Safe Moves)
- Carlos Velasquez, Program Manager (KOA)
- Alberto Salgado, Associate Planner (KOA)
- Sarai Osorio, Associate Planner (KOA)
Infrastructure Deficiency: lnventorv List1 MaQ & Costs
- Pat Hines, Program Manager (Safe Moves)
- Carlos Velasquez, Program Manager (KOA)
- Alberto Salgado, Associate Planner (KOA)
- Sarai Osorio, Associate Planner (KOA)
Review/Revise School MaQs (14 schools}
- Pat Hines, Program Manager (Safe Moves)
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves)
- Quinn Danz, Instructor (Safe Moves)
- Will Mellon, Instructor (Safe Moves)
- Marni Spencer-Devlin , Instructor (Safe Moves)
- Carlos Velasquez, Program Manager (KOA)
- Alberto Salgado, Associate Planner (KOA)
- Sarai Osorio, Associate Planner (KOA)

3.2 Bicycle and Pedestrian Student Skills Training Rodeos Bike1 Scooter & Pedestrian Skill Trainings & Summarv
- Pat Hf nes, Program Manager (Safe Moves)
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves)
- Quinn Danz, Instructor (Safe Moves)
- Will Mellon, Instructor (Safe Moves)
Agreement with Safe Moves1 lnc./Exhibit 82-Fees by Task and Year Rev. 07-01-18
30 40
50 450
25 15
25 25
25 25
40 40
30 15
35 35
30 25
10 15
15 15
35 35
50 30
125
125
TOTAL
$30,495.00
$37,627.15
$15,005.05
$9,993.70
$12,628.40
$16,982.60
$16,982.60

Page 23 of 38 ends

TAS DESCRIPTION I BUDGETED I TOTAL K# HOURS
Rodeo Toolkit {See 12ricing under Printing Year 1 Categoiy and SRTS Toolkit under Task 3.3}

3.3 Parent/Teacher/Coordinator Training Workshops
WorkshOQS
- Pat Hines, Program Manager (Safe Moves) 75
- Pamela Nye Pedersen , Program Coordinator 40 (Safe Moves) SRTS Toolkit {1}
- Pat Hines, Program Manager (Safe Moves) 55
- Pamela Nye Pedersen, Program Coordinator 30 (Safe Moves) - Eve Mazzara, Graphic and Social Media 80 Coordinator (Safe.Moves) Worksho12 Content
- Pat Hines, Program Manager (Safe Moves) 40
- Pamela Nye Pedersen, Program Coordinator 25 (Safe Moves) - Eve Mazzara, Graphic and Social Media 25 Coordinator (Safe Moves) TOTAL F0R TASK 3 1215
4 ENCOURAGEMENT

4.1 Kick-off Event (1)
- Pat Hines, Program Manager (Safe Moves) 25
- Pamela Nye Pedersen, Program Coordinator 25 (Safe Moves) - Quinn Danz, Instructor (Safe Moves) 10
- Will Mellon, Instructor (Safe Moves) 10
- Marni Spencer-Devlin, Instructor (Safe Moves) 10
- Eve Mazzara, Graphic and Social Media 35 Coordinator (Safe Moves)

4.2 Pop-Up Events (2)
- Pat Hines, Program Manager (Safe Moves) 50
- Pamela Nye Pedersen, Program Coordinator 25 (Safe Moves) - Quinn Danz, Instructor (Safe Moves} 50
- Will Mellon, Instructor (Safe Moves) 50
- Marni Spencer-Devlin, Instructor (Safe Moves) 50

4.3 Encouragement Events
Walking1 scooter riding and bic~cle riding encouragement events (51)
- Pat Hines, Program Manager (Safe Moves)
Agreement with Safe Moves, lnc./Exhibit 82-Fees by Task and Year Rev. 07-01-18
90 $30,837.40
$11,375.30
$12,070.30
$7,391 .80
$85,447.15
$7,058.10
$13,053.50
$35,037.90
$28,072.20

Page 24 of 38 ends

TAS DESCRIPTION K#
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves)
- Quinn Danz, Instructor (Safe Moves)
- Will Mellon, Instructor (Safe Moves)
- Marni Spencer-Devlin, Instructor (Safe Moves)
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves)
OTS funded helmets and safetl£ eguiQment
- Pat Hines, Program Manager (Safe Moves)
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves)
- Quinn Danz, Instructor (Safe Moves)
- Will Mellon, Instructor (Safe Moves)
TOTAL FOR TASK 4
5 PROGRAM EVALUATION

5.1 Surveys
Pre and Post Parent Surve)ls and Student Tallies
- Pat Hines, Program Manager (Safe Moves)
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves)
- Quinn Danz, Instructor (Safe Moves)
- Will Mellon, Instructor (Safe Moves)
- Marni Spencer-Devlin, Instructor (Safe Moves)
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves)
OTS Pre and Post Helmet Surve)ls {17 Schools)
- Pat Hines, Program Manager (Safe Moves)
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves)
- Quinn Danz, Instructor (Safe Moves)
- Will Mellon, Instructor (Safe Moves)
- Marni Spencer-Devlin, Instructor (Safe Moves)
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) .

5.2 (1) Annual Report (17 Schools)
- Pat Hines, Program Manager (Safe Moves)
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves)
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves)
TOTAL FOR TASK 5
Agreement with Safe Moves, lnc./Exhibit B2-Fees by Task and Year Rev. 07-01- 18

BUDGETED I

HOURS TOTAL
60 100
100
100
60 $6,965.70
25 50
20 20
965 $55,149.50
$24,745.90
$9,033.70
30 40
20 20
20 25
$15,712.20
40 40
50 50
100
30 $5,486.50
25 20
30 540 $30,232.40

Page 25 of 38 ends

Printin
Rodeo Flyer & Permission Form for 17 Rodeos $ 1,500.00
SRTS Toolkit (Guide) $ 2,500.00
508 Posters $ 1,200.00
Safety Tips for Students & Parents $ 2,500.00
51 Encouragement Event Flyers $ 2,300.00
TOTAL FOR PRINTING $ 10,000.00
EQUIPMENT PURCHASED FIRST YEAR FOR ALL 3 YEARS
714 OTS Funded Helmets@ $7.00 per helmet (includes tax & handling) $ 5,000.00 2,500 Pedometers@ $1.00 per pedometer (includes tax & handling) $ 2,500.00 300 Front/Rear Bike Lights @ $8.30 per light (includes tax & handling) $ 2,490.00 TOTAL FOR EQUIPMENT $ 9 990.00
YEAR 1 TOTAL $242,910.85

2. The City will pay Consultant for Year 2 based on the fee breakdown below:

TA:K I DESCRIPTION I BUDGETED I
HOURS
1 PROJECT INITIATION

1.1 Project Kick-Off Meeting - Meeting Agenda, Minutes, Action Items
- Pat Hines, Program Manager (Safe Moves) 20
- Pamela Nye Pedersen, Program Coordinator 10 (Safe Moves)

1.2 Staff Coordination with Consultant - Biweekly Meetings - Pat Hines, Program Manager (Safe Moves) 80
- Pamela Nye Pedersen, Program Coordinator 50 (Safe Moves)

1.3 Project Invoicing - Monthly Progress Reports with Invoicing - Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator 50 (Safe Moves) TOTAL FOR TASK 1 240
2 OUTREACH

2.1 Website, Voicemail, and Email
Produce and monitor website
- Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator 40 (Safe Moves) Agreement with Safe Moves, lnc./Exhibit 82-Fees by Task and Year Rev. 07-01-18
TOTAL
$3,002.60
$12,472.60
$6,121.60
$21,596.80
$11,897.40
$7,508.20

Page 26 of 38 ends

- Eve Mazzara, Graphic and Social Media
Coordinator Safe Moves
Establish and monitor Qhone lines/voicemailsfemails $4,389.20 - Pat Hines, Program Manager (Safe Moves) 20
- Pamela Nye Pedersen, Program Coordinator 40 Safe Moves

2.2 Event Advertisement $15,362.20
Advertising/12romotional materials $8,316.20
- Pat Hines, Program Manager (Safe Moves) 40
- Pamela Nye Pedersen, Program Coordinator 40 Safe Moves - Eve Mazzara, Graphic and Social Media 30 Coordinator Safe Moves rksho~s announcements QOsted & 508 gosters $7,046.00 la ed - Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator 40 Safe Moves - Eve Mazzara, Graphic and Social Media 30 Coordinator Safe Moves TOTAL FOR TASK 2 380 $27,259.60
3"• EDUCATION

3.1 Safe Routes to School Maps $14,494.50
Walk Audits {3 Schools} $5,717.80
- Pat Hines, Program Manager (Safe Moves) 25
- Pamela Nye Pedersen, Program Coordinator 15 Safe Moves - Quinn Danz, Instructor (Safe Moves) 25
- Will Mellon, Instructor (Safe Moves) 25
Infrastructure Deficiencl{: Inventor){: Llst1 MaQ & Costs $3,810.60 - Pat Hines, Program Manager (Safe Moves) 30
Review/Revise School Ma12s (14 schools} $4,966.10
- Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator 25 Safe Moves

3.2 Bicycle and Pedestrian Student Skills Training Rodeos $16,982.60 Bike1 Scooter & Pedestrian Skill Trainings & Summarl $16,982.60 - Pat Hines, Program Manager (Safe Moves) 50
- Pamela Nye Pedersen, Program Coordinator 30 Safe Moves - Quinn Danz, Instructor (Safe Moves) 125
- Will Mellon, Instructor (Safe Moves) 125
Agreement with Safe Moves, lnc./Exhlbit 82-Fees by Task and Year Page27 of 38 Rev. 07- 01 -1 8
TA#SK I DESCRIPTION I BUDGETED I
HOURS
Rodeo Toolkit (DeveloQed in Year 1}

3.3 Parent/Teacher/Coordinator Training Workshops
WorkshOQS
- Pat Hines, Program Manager (Safe Moves) 75
- Pamela Nye Pedersen, Program Coordinator 40 (Safe Moves) SRTS Toolkit {1} (DeveloQed in Year 1}
WorkshoQ Content
- Pat Hines, Program Manager (Safe Moves) 40
- Pamela Nye Pedersen, Program Coordinator 25 {Safe Moves) - Eve Mazzara, Graphic and Social Media 25 Coordinator (Safe Moves) TOTAL FOR TASK 3 710
4 ENCOURAGEMENT

4.1 Kick-off Event (1) NONE

4.2 Pop-Up Events (5)
- Pat Hines, Program Manager (Safe Moves) 50
- Pamela Nye Pedersen, Program Coordinator 25 (Safe Moves) - Quinn Danz, Instructor (Safe Moves) 50
- Will Mellon, Instructor (Safe Moves) 50
- Marni Spencer-Devlin, Instructor (Safe Moves) 50

4.3 Encouragement Events
Walking1 scooter riding and blc~cle riding encouragement events (51}
- Pat Hines, Program Manager (Safe Moves) 90
- Pamela Nye Pedersen, Program Coordinator 60 {Safe Moves) - Quinn Danz, Instructor (Safe Moves) 100
- Will Mellon, Instructor (Safe Moves) 100
- Marni Spencer-Devlin, Instructor (Safe Moves) 100
- Eve Mazzara, Graphlc and Social Media 40 Coordinator (Safe Moves) OTS funded helmets and safety: eguiQment (Purchased in y:ear 1}
TOTAL FOR TASK 4 715
5 PROGRAM EVALUATON

5.1 Surveys
Agreement with Safe Moves, lnc./Exhibit 82-Fees by Task and Year Rev. 07-01-18
TOTAL
N/A
$18,767.10
$11,375.30
N/A
$7,391 .80
$50,244.20
N/A
$1~1053.50
$27,147.80
$27,147.80
NIA
$40,201.30
$9,033.70

Page 28 of 38 ends

TA#SK I DESCRIPTION I BUDGETED I

HOURS TOTAL
Pre and Post Parent Surve~s and Student Tallies $9,033.70 - Pat Hines, Program Manager {Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator 40 (Safe Moves) - Quinn Danz, Instructor (Safe Moves) 20
- Will Mellon, Instructor (Safe Moves} 20
- Marni Spencer-Devlin, Instructor (Safe Moves) 20
- Eve Mazzara, Graphic and Social Media 25 Coordinator (Safe Moves) OTS Pre and Post Helmet Surve}!:s {17 Schools} NIA

3. The City will pay Consultant for Year 3 based on the fee breakdown below:

TASK# I DESCRIPTION I BUDGETED I
HOURS
1 PROJECT INITIATON

1.1 Project Kick-Off Meeting - Meeting Agenda, Minutes, Action Items - Pat Hines, Program Manager (Safe Moves) 20
- Pamela Nye Pedersen, Program Coordinator (Safe 10 Moves)

1.2 Staff Coordination with Consultant - Biweekly Meetings - Pat Hines, Program Manager (Safe Moves) 80
- Pamela Nye Pedersen, Program Coordinator (Safe 50 Moves)

1.3 Project Invoicing - Monthly Progress Reports with Invoicing Agreement with Safe Moves, lnc./Exhibit 82-Fees by Task and Year Rev. 07-01-1 8
Total
$3,002.60
$12,472.60
$6,121 .60

Page 29 of 38 ends

TASK# DESCRIPTION BUDGETED
HOURS
- Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator (Safe 50 Moves) TOTAL FOR TASK 1 240
2 OUTREACH

2.1 Website, Voicemail, and Email
Produce and monitor website
- Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator (Safe 40 Moves) - Eve Mazzara, Graphic and Social Media 40 Coordinator (Safe Moves) Establish and monitor ghone lines/voicemails/emails
- Pat Hines, Program Manager (Safe Moves) 20
- Pamela Nye Pedersen, Program Coordinator (Safe 40 Moves)

2.2 Event Advertisement
Advertising/gromotional materials
- Pat Hines, Program Manager (Safe Moves) 40
- Pamela Nye Pedersen, Program Coordinator (Safe 40 Moves) - Eve Mazzara, Graphic and Social Media 30 Coordinator (Safe Moves) 85 event/workshogs announcements gosted & 508 gosters
printed/displaved
- Pat Hines, Program Manager (Safe Moves)
- Pamela Nye Pedersen, Program Coordinator (Safe
Moves}
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves)
TOTAL FOR TASK 2
3 EDUCATION

3.1 Safe Routes to School Maps
Walk Audits {3 Schools)
- Pat Hines, Program Manager (Safe Moves)
- Pamela Nye Pedersen, Program Coordinator (Safe
Moves)
- Quinn Danz, Instructor (Safe Moves)
- Will Mellon, Instructor (Safe Moves)
Infrastructure Deficiency lnvento~ List 1 MaQ & Costs
- Pat Hines, Program Manager (Safe Moves)
Agreement with Safe Moves, lnc./Exhibit B2-Fees by Task and Year Rev. 07-01 -18
30 40
30 380
25 15
25 25
30 Total
$21,596.80
$11,897.40
$7,508.20
$4,389.20
$15,362.20
$8,316.20
$7,046.00
$27,259.60
$14,494.50
$5,717.80
$3,810.60

Page 30 of 38 ends

TASK# I DESCRIPTION I BUDGETED I
HOURS Total
Review/Revise School MaQs (14 schools} $4,966.10
- Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator (Safe 25 Moves)

3.2 Bicycle and Pedestrian Student Skills Training Rodeos $16,982.60 Bike1 Scooter & Pedestrian Skill Trainings & Summary $16,982.60 - Pat Hines. Program Manager (Safe Moves) 50
- Pamela Nye Pedersen, Program Coordinator (Safe 30 Moves) - Quinn Danz. Instructor (Safe Moves) 125
- Will Mellon , Instructor (Safe Moves) 125
Rodeo Toolkit (DeveloQed in Year 1} N/A

3.3 Parent/Teacher/Coordinator Training Workshops $18,767.10 WorkshoQs $11,375.30
- Pat Hines, Program Manager (Safe Moves) 75
- Pamela Nye Pedersen, Program Coordinator (Safe 40 Moves) SRTS Toolkit (11 (DeveloQed in Year 1} NIA
WorkshoQ Content $7,391 .80
- Pat Hines. Program Manager (Safe Moves) 40
- Pamela Nye Pedersen, Program Coordinator (Safe 25 Moves) - Eve Mazzara, Graphic and Social Media 25 Coordinator (Safe Moves) TOTAL FOR TASK 3 710 $50,244.20
4 ENCOURAGEMENT

4.1 Kick-off Event (1) NONE N/A

4.2 Pop-Up Events ( 5) $13,053.50
- Pat Hines, Program Manager (Safe Moves) 50
- Pamela Nye Pedersen , Program Coordinator (Safe 25 Moves) - Quinn Danz, Instructor (Safe Moves) 50
- Will Mellon, Instructor (Safe Moves) 50
- Marni Spencer-Devlin, Instructor (Safe Moves) 50

4.3 Encouragement Events $27,147.80
Walking1 scooter riding and bicycle riding encouragement $27,147.80 events (51) - Pat Hines, Program Manager {Safe Moves) 90
- Pamela Nye Pedersen, Program Coordinator (Safe 60 Moves) Agreement with Safe Moves, lnc./Exhibit B2-Fees by Task and Year Rev. 07-01-18 ·

Page 31 of 38 ends

TASK# I DESCRIPTION I BUDGETED I
HOURS
- Quinn Danz, Instructor (Safe Moves) 100
- Will Mellon, Instructor (Safe Moves) 100
- Marni Spencer-Devlin, Instructor (Safe Moves) 100
- Eve Mazzara, Graphic and Social Media 40 Coordinator (Safe Moves) OTS funded helmets and safety egui~ment {Purchased in year 1) TOTAL FOR TASK 4 715
5 PRORGRAM EVALUATION

5.1 Surveys
Pre and Post Parent Survevs and Student Tallies
- Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator (Safe 40 Moves) - Quinn Danz, Instructor (Safe Moves) 20
- Will Mellon, Instructor (Safe Moves) 20
- Marni Spencer-Devlin, Instructor (Safe Moves) 20
- Eve Mazzara, Graphic and Social Media 25 Coordinator (Safe Moves) OTS Pre and Post Helmet Survevs (17 Schools)

6.2 (1) Annual Report (17 Schools) & Program Evaluation Report (17 Schools)
- Pat Hines, Program Manager (Safe Moves)
- Pamela Nye Pedersen, Program Coordinator (Safe
Moves)
- Eve Mazzara, Graphic and Socia! Media
Coordinator (Safe Moves)
TOTAL FOR TASK 5

TOTAL FOR ALL TASKS
Printina
Rodeo Flyer & Permission Form for 17 Rodeos
508 Posters
Safety Tips for Students & Parents
51 Encouragement Event Flyers

TOTAL FOR PRINTING
YEAR3TOTAL
Agreement with Safe Moves, lnc./Exhibit 82-Fees by Task and Year Rev. 07-01-18
40 30
40 266
Total
NIA
$40,201.30
$9,033.70
$9,033.70
NIA
$8,316.20
$17,349.90
$156,651.80
$1,500.00
$1,200.00
$2,500.00
$2,300.00
$7,500.00
$164,151.80

Page 32 of 38 ends

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 shafl provide and maintain in full force and effect during the period of performance of the Agreement and for twenty-four (24) months following acceptance by the City, at its sole cost and expense, the following insurance policies from insurance companies authorized to do business in the State of California. These policies shall be primary insurance as to the City of Santa Clara so that any other coverage held by the City shall not contribute to any loss under Contractor's insurance. The minimum coverages, provisions and endorsements are as follows:

A. COMMERCIAL GENERAL LIABILITY INSURANCE

1. Commerci?I 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 pollcies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.

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

Agreement with Safe Moves, lnc./Exhlbit C-lnsurance Requirements Rev, 07-01-18

Page 33 of 38 ends

B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as 1SO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, lnsurance Services Office form CA 00 01. 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 accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.

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

3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, comm1ssions , 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 work performed under this agreement. Coverage shall be in an amount of not less than one million dollars ($1 ,000,000) per claim or two million dollars ($2,000,000) aggregate. Any coverage containing a deductible or self-retention must first be approved In writing by the City Attorney's Office.

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

1. Additional Insureds. City of Santa Clara, its City Council, commissions , officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor's work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85, Agreement with Safe Moves, lnc./Exhibit C-lnsurance Requirements Rev. 07-01 -1 8

Page 34 of 38 ends

2. 3.

4. or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.

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

Cancellation.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective d~te of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of nonrenewal.

Other Endorsements. Other endorsements may be required for poltcies 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 Agreement with Safe Moves, lnc./Exhiblt C-lnsurance Requirements Rev. 07-01-18

Page 35 of 38 ends

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 l.lSed 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 sha'll be no recourse against City for payment of premiums or other amounts with respect thereto.

3. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.

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 described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City's approval as to adequacy of the insurance protection.

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, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be emailed to:
[email protected]
Or mailed to:

EBIX Inc.

City of Santa Clara Department of PubHc Works
P.O. Box 100085- S2
Duluth, GA 30096'
Agreement With Safe Moves, lnc./Exh\bit C-lnsurance Requirements Rev. 07-01 -18

Page 36 of 38 ends

Telephone number: 951-766-2280
Fax number: 770-325-0409
I. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the Oity or its insurance compliance representatives.

Agreement with Safe Moves, lnc./Exhibit C-lnsurance Requirements Rev. 07-01-18

Page 37 of 38 ends

EXHIBIT D

NOTICE OF EXERCISE OF OPTION TO EXTEND AGREEMENT
AGREEMENT TITLE:

CONTRACTOR:

DATE:

Pursuant to Section _ of the Agreement referenced above, the City of Santa Clara hereby exercises its option to extend the term under the following provisions:

I OPTION NO. # of#

NEW OPTION TERM
I Begin date:

End date:
0 CHANGES IN RATE OF COMPENSATION
I Percentage change in CPI upon which adjustment is based:

Pursuant to Section _ of the Agreement the rates of compensation are hereby adjusted as follows:
(use attachment if necessary)
I MAXIMUM COMPENSATION for New Option Term:

For the option term exercised by this Notice, City shall pay Contractor an amount not to exceed the amount set forth above for Contractor's services and reimbursable expenses, if any. The undersigned signing on behalf of the City of Santa Clara hereby certifies that an unexpended appropriation is available for the term exercised by this Notice, and that funds are available as of the date of this signature.

Approved as to Form:

Office of the City Attorney
City of Santa Clara
Dated:

Rajeev Batra
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax'. (408) 241-6771
Agreement with Safe Moves, lnc./Exhiblt D - Notice of Exercise of Option Page 38 of 38 22-1190

REPORT TO COUNCIL

SUBJECT
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@Sant-aClaraClty
Agenda Date: 11/15/2022
Action on a Professional Services Agreement with Safe Moves, Inc. for the Safe Routes to School Project

COUNCIL PILLAR
Deliver and Enhance High-Quality Efficient Services and Infrastructure

BACKGROUND
Since 2011, the City has completed two phases of the Safe Routes to School program (SRTS Program), which encourages students to walk, bike, or scooter to and from school through various educational activities. The SRTS Program was facilitated through a collaborative effort with the Santa Clara Unified School District (SCUSD) that includes classroom education, after school skills training, encouragement activities and events, and the creation of maps. The program has been well received and aims to increase the number of students walking and biking to the participating schools. Together staff and the SC USO have selected 17 schools to participate in Phase 3 of the SRTS Program.

Funding for the SRTS Program was previously received through a Vehicle Emissions Reductions Based at Schools (VERBS) grant; however, VERBS grant funds are no longer available. Staff confirmed with the Santa Clara Valley Transportation Authority (VTA) that funds received from the 2016 Measure B Bicycle & Pedestrian Education and Encouragement Program are eligible to use on the SRTS Program.

On June 9, 2020, the City Council approved and authorized the City Manager to execute an agreement with the VTA to receive funds from the 2016 Measure 8 Bicycle & Pedestrian Education and Encouragement Program (Agenda Item 3.E.). This program covers three main categories : 1} activities and the development and distribution of materials that are designed and intended to promote, educate, and/or encourage safe walking or bicycling for residents or visitors of all ages and abilities, 2) communication to residents and visitors about the benefits of walking and bicycling, and 3) communication to school children, residents, and visitors about the rights and responsibilities of pedestrians , bicyclists, and motorists.

DISCUSSION
Pursuant to the City Code, a formal Request for Proposals (RFP) was conducted as the solicitation method for this procurement, with the award recommendation based on ''best value." The City published an RFP for professional services for Phas·e 3 of the SRTS Program on July 15, 2022 using the City's e-procurement platform. The City received one proposal from Safe Moves, Inc. (Safe Moves) which was thoroughly reviewed and evaluated by staff who determined that their proposal satisfied all the RFP requirements. The City elected to conduct a Best and Fina) Offer City of Santa Clara Page 1 of2 Printed on 11/8/2022
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22-1190 Agenda Date: 11/15/2022
(BAFO) to memorialize clarifications and provide a final opportunity for Safe Moves to revise their cost proposal.

Staff recommends awarding the agreement to Safe Moves for having submitted the sole responsive proposal. Safe Moves assisted the City with Phase 2 of the SRTS Program and also has extensive experience completing SRTS Program activities for other municipalities.

Under the agreement, Safe Moves will provide professional services to assist the City with the education, encouragement, and evaluation aspects of the SRTS Program. Compensation will be fixed for the initial three-year term of the agreement and will be paid on an hourly basis with not-toexceed limits. In addition to the initial term, there is one one-year option to extend the term of the agreement for a total of four years, assuming the option is exercised.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a 1'project" within the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physicaJ change in the environment.

FISCAL IMPACT
The proposed agreement is for a total not-to-exceed amount of $600,000. This amount includes $568,384.75 for basic services and a contingency of $31,615.25 for potential additional services needed throughout the three-year project. Funds for the agreement are available in the Safe Routes to School Project (CIP 1376) in the Streets and Highways Capital Fund.

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

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

RECOMMENDATION

1. Authorize the City Manager to execute a professional services Agreement with Safe Moves, Inc. for the Safe Routes to School Program for an initial three-year term with maximum compensation not-to-exceed $600,000; .

2. Authorize the City Manager to make minor modifications to the Agreement and execute a one-year option to extend the agreement after the initial term, subject to the appropriation of funds.

Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Rajeev Batra, City Mana,ger

ATTACHMENTS

1. Agreement with Safe Moves, Inc.

Cily- of Santa Clara Page 2 of 2 Printed on 11/8/2022
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Ebix Insurance No. S200003681
AMENDMENT NO. 1

TO THE AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANT A CLARA, CALIFORNIA,
AND
SAFE MOVES, INC.

PREAMBLE
Th[s agreement ("Amendment No. 1 ") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Safe Moves, Inc., a California corporation, (Consultant). City and Consultant may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."

RECITALS
A. The Parties previously entered into an agreement entitled "Agreement for Services Between the City of Santa Clara, California, and Safe Moves, Inc.", dated November 11 , 2022 (Agreement); and
B. The Parties entered into the Agreement for the purpose of having Consultant provide professional services to organize, facilitate, promote events, and activities relating to the City's Safe Routes to School program and facilities in the program, and the Parties now wish to amend the Agreement to increase compensation by $45,200 for a revised total not-to-exceed maximum compensation of $645,200.

NOW, THEREFORE, the Parties agree as follows:

AMENDMENT TERMS AND CONDITIONS

1. Section 6 of the Agreement, entitled "COMPENSATION AND PAYMENT'' IS hereby amended to read as follows:
"In consideration for Consultant's complete performance of Services, City shall pay Consultant for all materials provided and Services rendered by Consultant in accordance with Revised Exhibit B1 , entitled "SCHEDULE OF FEES." The maximum compensation of this Agreement is Six Hundred Forty-Five Thousand Two Hundred Dollars ($645,200), subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Consultant's expense. Consultant shall not be entitled to any payment above the maximum compensation under any circumstance." Amendment No. 1 to Agreement/Safe Moves, Inc.

Rev. 10/25/19

Page 1 ends

2. Exhibit B1 of the Agreement1 entitled "SCHEDULE OF FEES" is hereby amended to read as shown In Revised Exhibit 1311 attached herein.

3. Exhibit B2 of lhe Agreement, entitled "FEES BY TASK AND YEAR'' Is hereby amended to read as shown In Revised Exhibit B2, altached herein.

4. Except as set forth hereln1 all other terms and conditions of the Agreement shall remain in full force and effect. In case of a conflict in the terms of the Agreement and this Amendment No. 1, the provisions of this Amendment No. 1 shall control.

The Parties acknowledge and accept the terms and conditions of this Amendment No. 1 as evidenced by the following signatures of their duly authorized representatives.

GLEN R. GOOGINS
City Attorney

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Dated:

Dated: ' 0 /.1 f -z,
~ -= JO
~ .
"CITY"
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
SAFE MOVES, INC.
a California corporation
-HH '-Ml-t-rt-~-----------
By (Signature): -t-t-< .......... -t-~----------- N am e: _.__ _____________ _ Title: Founder/Executive Director
Principal Place of 15500 Erwin Street, #2457
Business Address: Van Nuys, CA 91411
Email Address: aol.com
Telephone: (408) 37-8991
Fax: NIA --------------- 11CONSULTANT11
Amendment No. 1 to AgreemenV Safe Moves, Inc
Rev. 10/25/2019

Page 2 ends

REVISED EXHIBIT 81

SCHEDULE OF FEES

1. MAXIMUM COMPENSATION
1 .1 . The maximum amount payable for all services provided under this Agreement shall not exceed Six Hundred Forty-Five Thousand Two Hundred Dollars ($645,200), during the three-yea r initial term of the Agreement. No additional services will be performed unless both Parties execute an amendment outlining the services requested and the compensation agreed for such services.

1.2. All payments are based upon City's acceptance of Consultant's performance of services specified in Exhibit A, Scope of Services. City shall have no obligation fo pay unless Consultant has successfully completed the work for which payment is due.
1 .3. The compensation amount is specified below:

Total for All Tasks for Three Program Years (See 82 for Task Cost Breakdown by Year)
Contingency (Shall be used only for additional scope.)
ORIGINAL TOTAL MAXIMUM COMPENSATION NOT-TOEXCEED
Amendment No. 1
REVISED TOTAL MAXIMUM COMPENSATION NOT-TOEXCEED

2. FEES
$568 ,384.75
$31,615.25
$600,000.00
$45,200.00
$645 200.00

2.1. The hourly rates for Consultant's Personnel are listed below in Table 82:

Program Manager (Safe
Moves)
Program Coordinator
(Safe Moves)
Instructor
(Safe Moves)
Pat Hines $127.02
Pamela Nye Pedersen $46.22
Quinn Danz $36.98
Amendment No. 1 to .AgreemenUSafe Moves, lnc./Revised Exbibit B1 - Schedule of Fees Page 1 Rev. 10/25/19
Title I Personnel I Hourly Rate
Instructor Will Mellon $36.98 (Safe Moves)
Instructor Marni Spencer-Delvin $36.98 (Safe Moves)
Graphic and Social Media
Coordinator Eve Mazzara $46.22
(Safe Moves)
Program Manager (KOA) Carlos Velasquez $164.99
Associate Planner Alberto Salgado $54.19 (KOA)
Associate Planner Sarai Osorio $51 .76 (KOA)

2.2. The City will pay the Consultant for each task based on the task breakdown specified in Revised Exhibit 82.

3. PRICING

3.1 . All hourly rates are fixed for the Initial Three,.Year Term of the Agreement.

3.2. Consultant may request price adjustments after the initial three year term. Any price increases must be supported by a relevant industry specific index.

Requests for increase must be fully documented by Consultant. Price adjustments are subject to City's approval.

4. INVOICING REQUIREMENTS

4.1. Consultant shall invoice the City on a monthly basis for services performed by Consultant during the preceding month and provide the invoice in a format approved by the City, including but not limited to the information listed under Section 4,3 below,

4.2. City shall pay Consultant within thirty (30) days of City's receipt of an approved invoice.

4.3. Invoices shall include, at a minimum, the following:
1 .3.1 . Identify the task services were provided for;

1.3.2. Description of work performed;

1.3.3. Deliverables completed;

1.3.4. Amount for services provided by task;

1.3.5. The not-to-exceed amount for the task, invoiced amount to date, amount for the current invoice, and remaining not-to-exceed amount for the task.

Amendment No. to Agreement/Safe Moves, lnc./Revised Exbiblt B1 - Schedule of Fees Rev. 10/25/2019
Page2

1. AMENDMENT NO. 1
REVISED EXHIBIT 82

FEES BY TASK AND YEAR

1.1. The following number of tasks are being funded by the 2023 California Office of Traffic Safety Grant and will be completed in Year 2. These tasks must be completed by September 30, 2024 and at the following cost:
• Units Total Cost
Bike Rodeo $1,000.00 30 $30,000.00
Student Assemblies $150.00 68 $10,200.00
Bicycle Helmets $10.00 300 $3,000.00
Bicycle Safety Equipment $2,000.00 1 $2,000.00
TOTAL $45,200.00

2. The City will pay Consultant for Year 1 based on the fee breakdown below:

TA#SK I DESCRIPTION I BUDGETED

HOURS TOTAL
1 PROJECT INITIATION

1.1 Project Kick-Off Meeting - Meeting Agenda, Minutes, Action $3,002.60 Items - Pat Hines, Program Manager (Safe Moves) 20
- Pamela Nye Pedersen, Program Coordinator 10 (Safe Moves)

1.2 Staff Coordination with Consultant - Biweekly Meetings $12,472.60 - Pat Hines, Program Manager (Safe Moves) 80
- Pamela Nye Pedersen, Program Coordinator 50 (Safe Moves)

1.3 Project Invoicing - Monthly Progress Reports with Invoicing $6,121.60 - Pat Hines, ProQram ManaQer (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator 50 (Safe Moves) TOTAL FOR TASK 1 240 $21,596.80
2 OUTREACH

2.1 Website, Voicemail, and Email $13,284.00
Produce and monitor website $8,894.80
- Pat Hines, ProQram ManaQer (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator 40 (Safe Moves) - Eve Mazzara, Graphic and Social Media 70
Amendment No. 1 to Agreement/Safe Moves, lnc./Revised Exbiblt 82 - Fees by Task and Year Page 1 Rev. 10/25/19
3 - Pamela Nye Pedersen, Program Coordinator
Safe Moves

2.2 Event Advertisement
- Pat Hines, Pro ram Mana er Safe Moves
- Pamela Nye Pedersen, Program Coord inator
Safe Moves
- Eve Mazzara, Graphic and Social Media
Coordinator Safe Moves
- Pamela Nye Pedersen, Program Coordinator
Safe Moves
- Eve Mazzara, Graphic and Social Media
Coordinator Safe Moves
TOTAL FOR TASK 2

EDUCATION

3.1 Safe Routes to School Ma s
Walk Audits 3 Schools
- Pat Hines, Pro ram Mana er Safe Moves
- Pamela Nye Pedersen, Program Coordinator
Safe Moves
- Quinn Danz, Instructor Safe Moves
- Will Mellon, Instructor Safe Moves
- Marni Spencer-Devlin, Instructor (Safe
Moves
- Pat Hines,
- Carlos Vel
- Sarai Osor , Associate Planner
$4,389.20
40 $17,211.00
$9,240.60
40 40
50 $7,970.40
30 40
50 450 $30,495.00
$37,627.15
$15,005.05
25 15
25 25
25 25
40 40
& Costs $9,993.70
30 15
35 35
$12,628.40
30 Amendment No. 1 to Agreement/ Safe Moves, lnc./Revlsed Exbibit 82- Fees by Task and Year Page 2 Rev. 10/25/2019
TA#SK I DESCRIPTION BUDGETED I

HOURS TOTAL
- amea ye e ersen, rogram oor ma or '
(Safe Moves) 25 p I N Pd p C d t
- Quinn Danz, Instructor (Safe Moves) 10
- Will Mellon, Instructor (Safe Moves) 15
- Marni Spencer-Devlin, Instructor (Safe 15 Moves)
- Carlos Velasquez, Program Manager (KOA) 15
- Alberto Salgado, Associate Planner (KOA) 35
- Sarai Osorio, Associate Planner (KOA) 35

3.2 Bicycle and Pedestrian Student Skills Training Rodeos $16J982.60 Bike Scooter & Pedestrian Skill Traininas & Summarv $16,982.60 - Pat Hines, Program Manager (Safe Moves) 50
- Pamela Nye Pedersen , Program Coordinator 30 (Safe Moves) - Quinn Danz, Instructor (Safe Moves) 125
- Will Mellon, Instructor (Safe Moves) 125
Rodeo Toolkit ,see ~ricing under Printing Vear 1 Categorv and SRTS Toolkit under Task 3.3)

3.3 Parent/Teacher/Coordinator Training Workshops $30,837.40 Workshoos $11 ,375.30
- Pat Hines, Program Manager (Safe Moves) 75
- Pamela Nye Pedersen, Program Coordi nator 40 (Safe Moves) SRTS Toolkit (1) $12,070.30
- Pat Hines, Program Manager (Safe Moves) 55
- Pamela Nye Pedersen, Program Coordinator 30 (Safe Moves) - Eve Mazzara, Graphic and Social Media 80 Coordinator (Safe Moves) Workshop Content $7,391.80
- Pat Hines, Program Manager (Safe Moves) 40
- Pamela Nye Pedersen, Program Coordinator 25 (Safe Moves) - Eve Mazzara, Graphic and Social Media 25 Coordinator (Safe Moves) TOTAL FOR TASK 3 1215 $85,447.15
4 ENCOURAGEMENT

4.1 Kick-off Event (1) $7,058.10
- Pat Hines, Program Manager (Safe Moves) 25
--.Pamela Nye Pedersen, Program Coordinator 25
Amendment No. ·1 lo Agreement/ Safe Moves, lnc./Revised Exhibit 82 - Fees by Task and Year Page 3 Rev, 10/25/2019
TA#SK I DESCRIPTION I BUDGETED I

HOURS TOTAL
(Safe Moves)
- Quinn Danz, Instructor (Safe Moves) 10
- Will Mellon, Instructor (Safe Moves) 10
- Marni Spencer-Devlin, Instructor (Safe 10 Moves)
- Eve Mazzara, Graphic and Social Media 35 Coordinator (Safe Moves)

4.2 Pop-Up Events (5) $13t053.50
- Pat Hines, Program Manager (Safe Moves) 50
- Pamela Nye Pedersen , Program Coordinator 25 (Safe Moves) - Quinn Danz, Instructor (Safe Moves) 50
- Will Mellon, Instructor (Safe Moves) 50
- Marni Spencer-Devlin, Instructor (Safe 50 Moves)

4.3 Encouragement Events $351037.90
Walking1 scooter riding and bicY:cle riding encouragement $28 ,072.20 events (51) - Pat Hines, Program Manager (Safe Moves) 90
- Pamela Nye Pedersen , Program Coordinator 60 (Safe Moves) - Quinn Danz, Instructor (Safe Moves). 100
- Will Mellon, Instructor (Safe Moves) 100
- Marn i Spencer-Devlin, Instructor (Safe 100 Moves,)
- Eve Mazzara, Graphic and Social Media 60 Coordinator (Safe Moves) OTS funded helmets and safetv eauioment $6,965.70
- Pat Hines, Program Manager (Safe Moves) 25
- Pamela Nye Pedersen , Program Coordinator 50 (Safe Moves) - Quinn Danz, Instructor (Safe Moves) 20
- Will Mellon, Instructor (Safe Moves) 20
TOTAL FOR TASK 4 965 $551149.50
5 PROGRAM EVALUATION

5.1 Surveys $24,745.90
Pre and Post Parent Survevs and Student Tallies $9,033.70 - Pat Hines, Proqram Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator 40 (Safe Moves) Amendment No. 1 to AgreemenV Safe Moves, lnc./Revised Exbibit 82 - Fees by Task and Year Page 4 Rev. 1 0/25/2019
TASK I BUDGETED I TOl;AL I
# DESCRIPTION HOURS
- Quinn Danz, Instructor (Safe Moves) 20
- Will Mellon, Instructor (Safe Moves) 20
- Marni Spencer-Devlin, Instructor (Safe 20 Moves)
- Eve Mazzara, Graphic and Social Media 25 Coordinator (Safe Moves) OTS Pre and Post Helmet Survej'.s (17 Schools} $15,712.20 - Pat Hines, Program Manager (Safe Moves) 40
- Pamela Nye Pedersen, Program Coordinator 40 (Safe Moves) - Quinn Danz, Instructor (Safe Moves) 50
- Will Mellon, Instructor (Safe Moves) 50
- Marni Spencer-Devlin, Instructor (Safe 100 Moves)
- Eve Mazzara, Graphic and Social Media 30 Coordinator (Safe Moves)

5.2 (1) Annual Report (17 Schools) $5,486.50
- Pat Hines, Program Manager (Safe Moves) 25
- Pamela Nye Pedersen, Program Coordinator 20 (Safe Moves) - Eve Mazzara, Graphic and Social Media 30 Coordinator (Safe Moves) TOT AL FOR TASK 5 540 $30,232.40
TOT AL FOR ALL TASKS $222,920,85
Printin~
Rodeo Flyer & Permission Form for 17 Rodeos $
1 500.00
SRTS Toolkit (Guide) $
2,500.00
508 Posters $
1,200.00
Safety Tips for Students & Parents $
2,500.00
51 Encouragement Event Flyers $
2,300.00
TOTAL FOR PRINTING $
10,000.00
EQUIPMENT (PURCHASED FIRST YEAR FOR ALL 3 YEARS)
714 OTS Funded Helmets@ $7.00 per helmet (includes tax & handling) $ 5,000.00
2,500 Pedometers@ $1.00 per pedometer (includes tax & handling) $ Amendment No. 1 to AgreemenU Safe Moves, lnc./Revised Exbibit B2 - Fees by Task and Year Page 5 Rev. 10/25/2019
TA#SK I DESCRIPTION I BUDGETED I

HOURS TOTAL
2,500.00
300 Front/Rear Bike Lights@ $8.30 per light (includes tax & handling) $ 2,490.00
$
TOTAL FOR EQUIPMENT 9,990.00
YEAR 1 TOTAL $242,910.85

3. The City will pay Consultant for Year 2 based on the fee breakdown below:

TA#SK I DESCRIPTION I BUDGETED I

HOURS TOTAL
1 PROJECT INITIATION

1.1 Project Kick-Off Meeting - Meeting Agenda, Minutes, Action $3,002.60 Items - Pat Hines, Program Manager (Safe Moves) 20
- Pamela Nye Pedersen, Program Coordinator 10 {Safe Moves)

1.2 Staff Coordination with Consultant~ Biweekly Meetings $12A72.60 - Pat Hines, Program Manager (Safe Moves) 80
- Pamela Nye Pedersen, Program Coordinator 50 (Safe Moves)

1.3 Project Invoicing - Monthly Progress Reports with Invoicing $6,121.60 - Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator 50 (Safe Moves) TOTAL FOR TASK 1 240 $21,596.80
2 OUTREACH

2.1 Website, Voicemail, and Email $11,897.40
Produce and monitor website $7 ,508.20
- Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen , Program Coordinator 40 (Safe Moves) - Eve Mazzara, Graphic and Social Media 40 Coordinator (Safe Moves) Establish and monitor phone lines/voicemails/emails $4,389.20 - Pat Hines, Program Manager (Safe Moves) 20
- Pamela Nye Pedersen, Program Coordinator 40 (Safe Moves)

2.2 Event Advertisement $15,362.20
Advertisino/oromotional materials $8,316.20
Amendment No. 1 to AgreemenV Safe Moves, lnc./Revised Exbibit 82 - Fees by Task and Year Page 6 Rev. 10/25/2019
3 - Pamela Nye Pedersen, Program Coordinator
Safe Moves
- Eve Mazzara, Graphic and Social Media
Coordinator Safe Moves
- Pamela Nye Pedersen, Pro.gram Coordinator
Safe Moves
- Eve Mazzara, Graphic and Social Media
Coordinator Safe Moves
TOTAL FOR TASK 2

EDUCATION
40 30
30 40
30 380

3.1 Safe Routes to School Maps

3.2 Walk Audits 3 Schools
- Pat Hines, Pro ram Mana er Safe Moves
- Pamela Nye Pedersen, Program Coordinator
Safe Moves
- Quinn Danz, Instructor Safe Mov
- WIii Mellon, Instructor
- Pat Hines, Pro
Review/Revise
- Pamela Nye Pedersen , Program Coordinator
Safe Moves
25 15
25 25
& Costs
30 30
25 Bicycle and Pedestrian Student Skills Training Rodeos Bike Scooter & Pedestrian Skill Trainin s & Summar
- Pat Hines, Pro ram Mana er Safe Moves 50
- Pamela Nye Pedersen, Program Coordinator
Safe Moves
- Quinn Danz, Instructor Safe Moves
- Will Mellon, Instructor Safe Moves
Rodeo Toolkit (Developed in Year 1)
30 125
125

3.3 Parent/Teacher/Coordinator Training Workshops
- Pat Hines, Pro ram Mana er Safe Moves
- Pamela Nye Pedersen, Program Coordinator
Safe Moves
75 40
$7,046.00
$27,259.60
$14,494.50
$5,717.80
$3,810.60
$4,966.10
$16,982.60
$16,982.60
NIA
$18,767.10
$11,375.30
Amendment No. 1 to Agreement/ Safe Moves, lnc./Revised Exbibil B2 - Fees by Task and Year Page 7 Rev. 10/25/2019
TASK DESCRIPTION I BUDGETED I TOTAL # HOURS
SRTS Toolkit (1) (Develooed in Year 1) N/A
Workshop Content $7,391.80
- Pat Hines, Program Manager (Safe Moves) 40
- Pamela Nye Pedersen, Program Coordinator 25 (Safe Moves) - Eve Mazzara, Graphic and Social Media 25 Coordinator (Safe Moves) TOTAL FOR TASK 3 710 $50,244.20
4 ENCOURAGEMENT

4.1 Kick-off Event (1) NONE NIA

4.2 Pop-Up Events (5) $13,053.50
- Pat Hines, Program Manager (Safe Moves) 50
- Pamela Nye Pedersen, Program Coordinator 25 (Safe Moves) - Quinn Danz, Instructor (Safe Moves) 50
- WIii Mellon, Instructor (Safe Moves) 50
- Marni Spencer-Devlin, Instructor (Safe 50 Moves)

4.3 Encouragement Events $27,147.80
Walking1 scooter riding and bicY:cle riding encouragement $27,147.80 events {51 l - Pat Hines, Program Manager (Safe Moves) 90
- Pamela Nye Pedersen, Program Coordinator 60 (Safe Moves) - Quinn Danz, Instructor (Safe Moves) 100
- Will Mellon, Instructor (Safe Moves) 100
- Marni Spencer-Devlin, Instructor (Safe 100 Moves)
- Eve Mazzara, Graphic and Social Media 40 Coordinator (Safe Moves) OTS funded helmets and safet~ egui!;!ment {Purchased in N/A vear 1)
TOTAL FOR TASK 4 715 $40,201.30
5 PROGRAM EVALUATON

5.1 Surveys $9,033.70
Pre and Post Parent Survevs and Student Tallies $9,033.70 - Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator 40 (Safe Moves) Amendment No. 1 to Agreement/ Safe Moves, lnc./Revised Exbibit 82 - Fees by Task and Year Page 8 Rev. 10/25/2019
TA#SK I DESCRIPTION I BUDGETED I

HOURS TOTAL
- Quinn Danz, Instructor (Safe Moves) 20
- WIii Mellon, Instructor (Safe Moves) 20
- Marni Spencer-Devlin, Instructor (Safe 20 Moves)
- Eve Mazzara, Graphic and Social Media 25 Coordinator (Safe Moves) OTS Pre and Post Helmet Survevs (17 Schools) N/A

5.2 {1) Annual Report {17 Schools) $5,486.50
- Pat Hines, Program Manager (Safe Moves) 25
- Pamela Nye Pedersen, Program Coordinator 20 (Safe Moves) - Eve Mazzara, Graphic and Social Media 30 Coordinator (Safe Moves) TOTAL FOR TASK 5 230 $14,520.20
TOTALFORALLTASKS $153,a22.1 a
Printin~
Rodeo Flyer & Permission Form for 17 Rodeos $1,500.00
508 Posters $ 1,200.00
Safety Tips for Students & Parents $2,500.00
51 Encouragement Event Flyers $ 2,300.00
TOTAL FOR PRINTING $ 7,500.00
YEAR 2 TOTAL $161,322.10

4. The City will pay Consultant for Year 3 based on the fee breakdown below:

TASK# I DESCRIPTION I BUDGETED
HOURS Total
1 PROJECT INITIATON

1.1 Project Kick-Off Meeting - Meeting Agenda, Minutes, Action Items $3,002.60 - Pat Hines Program ManaQer (Safe Moves) 20
- Pamela Nye Pedersen, Program Coordinator (Safe 10 Moves)

1.2 Staff Coordination with Consultant - Biweekly Meetings $"12,4 72.60 - Pat Hines, Program ManaQer (Safe Moves) 80
- Pamela Nye Pedersen, Program Coordinator (Safe 50 Moves)

1.3 Project Invoicing - Monthly Progress Reports with Invoicing $6,121 .60 - Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator (Safe 50
Amendment No. 1 to Agreement/ Safe Moves, lnc./Revised Exbibit 82 - Fees by Task and Year Page 9 Rev. 10/25/2019
TASK# I DESCRIPTION I BUDGETED I
HOURS Total
2 3
TOTAL FOR TASK 1 240 $21,596.80

OUTREACH

2.1 Website, Voicemail, and Email $11)897.40
Produce and monitor website $7 ,508.20
- Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator (Safe 40 Moves) - Eve Mazzara, Graphic and Social Media 40 Coordinator (Safe Moves) Establish and monitor phone lines/voicemails/emails $4,389.20 - Pat Hines, Program Manager (Safe Moves) 20
- Pamela Nye Pedersen, Program Coordinator (Safe 40 Moves)

2.2 Event Advertisement $15,362.20
Advertising/Qromotional materials $8,316.20
- Pat Hines, Program Manager (Safe Moves) 40
- Pamela Nye Pedersen, Program Coordinator (Safe 40 Moves) - Eve Mazzara, Graphic and Social Media 30 Coordinator (Safe Moves) 85 event/workshogs announcements gosted & 508 gosters $7,046.00 'P rihted/ dis olav ed - Pat Hines, Proqram Manaqer (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator (Safe 40 Moves) - Eve Mazzara, Graphic and Social Media 30 Coordinator (Safe Moves) TOT AL FOR TASK 2 380 $27,259.60

EDUCATION

3.1 Safe Routes to School Maps $14,494.50
Walk Audits (3 Schools) $5,717.80
- Pat Hines, Program Manager (Safe Moves) 25
- Pamela Nye Pedersen, Program Coordinator (Safe 15 Moves) - Quinn Danz, Instructor (Safe Moves) 25
- Will Mellon, Instructor (Safe Moves) 25
Infrastructure Deficiencv lnventorv List. Map & Costs $3 ,810.60 - Pat Hines, Program Manager (Safe Moves) 30
Review/Revise School Maos (14 schools) $4,966.10
Amendment No. 1 to Agreement/ Safe Moves, lnc./Revised Exbibit 82 - Fees by Task and Year Page 10 Rev. 10/25/2019
TASK# I DESCRIPTION ·I BUDGETED I .,, T ~t I HOURS o a
4 - Pat Hines, Program Manager (Safe Moves} 30
- Pamela Nye Pedersen, Program Coordinator (Safe 25 Moves)

3.2 Bicycle and Pedestrian Student Skills Training Rodeos $16,982.60 Bike1 Scooter & Pedestrian Skill Trainings & Summary: $16,982.60 - Pat Hines, Program Manager (Safe Moves) 50
- Pamela Nye Pedersen, Prog ram Coordinator (Safe 30 Moves) - Quinn Danz, Instructor (Safe Moves) 125
- Will Mellon, Instructor (Safe Moves) 125
Rodeo Toolkit (Develo~ed in Year 1} N/A

3.3 Parent/Teacher/Coordinator Training Workshops $18,767.10 Workshoos $11,375.30
- Pat Hines, Program Manager (Safe Moves) 75
- Pamela Nye Pedersen, Program Coordinator (Safe 40 Moves) SRTS Toolkit (1) (Develooed in Year 1) NIA
Workshoo Content $7,391.80
- Pat Hines, Proqram ManaQer (Safe Moves) 40
- Pamela Nye Pedersen , Program Coordinator (Safe 25 Moves) - Eve Mazzara, Graphic and Social Media 25 Coordinator (Safe Moves) TOT AL FORT ASK 3 710 $50,244.20

ENCOURAGEMENT

4.1 Kick-off Event (1) NONE N/A

4.2 Pop-Up Events (5) $13,053.50
- Pat Hines, Program Manager (Safe Moves) 50
- Pamela Nye Pedersen, Program Coordinator (Safe 25 Moves) - Quinn Danz, Instructor (Safe Moves) 50
- Will Mellon, Instructor (Safe Moves) 50
- Marni Spencer-Devlin, Instructor (Safe Moves) 50

4.3 Encouragement Events $27,147.80
Walking1 scooter riding and bicy:cle riding encouragement $27,147.80 events (51l ~ Pat Hines, Program Manager (Safe Moves) 90
- Pamela Nye Pedersen, Program Coordinator (Safe 60 Moves) Amendment No. 1 to Agreement/ Safe Moves, lnc./Revised Exbibit 82 - Fees by Task and Year Page 11 Rev. ·10/25/201 9
TASK# I DESCRIPTION I BUDGETED . ► HOURS Total
- Quinn Danz, Instructor (Safe Moves) 100
- Will Mellon, Instructor (Safe Moves) 100
- Marni Spencer-Devlin, Instructor (Safe Moves) 100
- Eve Mazzara, Graphic and Social Media 40 Coordinator (Safe Moves) OTS funded helmets and safet~ egui~ment {Purchased in year 1) N/A
TOT AL FOR TASK 4 715 $40,201.30
5 PR0RGRAM EVALUATION

5.1 Surveys $9,033.70
Pre and Post Parent Survevs and Student Tallies $9,033.70 - Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen , Program Coordinator (Safe 40 Moves) - Quinn Danz, Instructor (Safe Moves) 20
- Will Mellon, Instructor (Safe Moves) 20
- Marni Spencer-Devlin, Instructor (Safe Moves) 20
- Eve Mazzara, Graphic and Social Media 25 Coordinator (Safe Moves) OTS Pre and Post Helmet Survevs (17 Schools} NIA

5.2 (1) Annual Report (17 Schools) & Program Eva1uation Report (17 $8,316.20 Schools) - Pat Hines, Program Manager (Safe Moves) 40
- Pamela Nye Pedersen, Program Coordinator (Safe 30 Moves) - Eve Mazzara, Graphic and Social Media 40 Coordinator (Safe Moves) TOT AL FORT ASK 5 265 $17,349.90
TOT AL FOR ALL TASKS $156,651.80
Printing
Rodeo Flyer & Permission Form for ·17 Rodeos $1 ,500.00 508 Posters $ 1,200.00
Safety Tips for Students & Parents $ 2,500.00
51 Encouragement Event Flyers $2,300.00
TOTAL FOR PRINTING $ 7,500.00
YEAR 3 TOTAL $164,151.80
Amendment No. 1 to Agreement/ Safe Moves, lnc./Revlsed Exbibit B2 - Fees by Tasl< and Year Page 12 Rev. 10/25/2019
23-936

REPORT TO COUNCIL

SUBJECT
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
Agenda Date: 10/10/2023
Action on a Grant Agreement with the California Office of Traffic Safety, and Amendment No. 1 to the Agreement with Safe Moves, Inc., for the Safe Routes to School Program, and Related Budget Amendments

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The City administers the Safe Routes to School Program (SRTS Program) through a collaborative effort with the Santa Clara Unified School District (SCUSD). Currently, there are 17 schools participating in the program. The program offers Safe Routes to School Maps, Bicycle & Pedestrian Rodeos, Walk & Bike to School Days, Traffic Safety Equipment Giveaways, Safety Education Curriculum, and Parent and School District staff workshops.

In July 2022, the City received a California Office of Traffic Safety (OTS) grant award in the amount of $25,000. OTS is the agency responsible for administering traffic safety grants made available to California by the National Highway Traffic Safety Administration (NHTSA). These grant funds were used to supplement the City's SRTS Program by purchasing bicycle helmets and conducting bicycle and pedestrian rodeos. In January 2023 the Department of Public Works (DPW) submitted another grant application to the OTS for additional funds to supplement the SRTS Program with additional activities and materials. On July 17, 2023, DPW received notification that the City was tentatively awarded a $45,200 grant from OTS.

In November 2022, Council approved an agreement with Safe Moves, Inc. to assist the City in the areas of education, encouragement, and evaluation for the City's SRTS Program. An amendment to this Agreement is needed to reflect the additional work associated with the latest OTS grant.

The purpose of this report is to request approval from Council for the City Manager to execute the Grant Agreement with OTS (Grant Agreement) and Amendment No. 1 to the agreement with Safe Moves. Both documents are required to be executed prior to OTS' release of the additional grant funds.

DISCUSSION
As a recipient, the City is required to execute the Grant Agreement before OTS can approve the award of $45,200. The Grant Agreement specifies that the grant funds niust be expended between October 1, 2023 and September 30, 2024. Therefore, staff is requesting that Council authorize the City Manager to execute the Grant Agreement as the Authorizing Official on behalf of the City.

City of Santa Clara Page 1 of 3 Printed on 10/5/2023
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23-936 Agenda Date: 10/10/2023
The State-approved grant budget is for "Contractual Services'' reflected in the Amendment No. 1 with Safe Moves, which specifies that the grant funds will be used for the purchase of helmets and other equipment, as well as holding student a_ssemblies and bike rodeos. The full amount of the grant ($45,200) is being added to the Safe Moves agreement, for a revised total not-to-exceed arnount of $645,200.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a "project" within the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

FISCAL IMPACT
The recommended budget action recognizes OTS grant funding in the amount of $45,200 and allocates those funds to a new 2023 Santa Clara School Pedestrian and Bicycle Safety Project in the Streets and Highways Capital Fund. This project will provide fu nding for Amendment No. 1 with Safe Moves.

Amendment No. 1 with Safe Moves for the SRTS program will increase the current $600,000 agreement by $45,200 for a total not to exceed amount of $645,200.

The table below summarizes the budget actton for FY 2023/24.

Budget Amendment
FY 2023/24
Current
Streets and Highways Capital Fund
Revenues
Other Agencies Revenue (OTS Grant) $19,712,116
Expenditures
2023 Santa Clara School Pedestrian $0
and Bicycle Safety Project (New Project)

COORDINATION
Increase/
(Decrease)
$45,200
$45,200
Revised
$19,757,316
$45,200
This report has been coordinated with the City Manager's Office, the Finance Department and the City Attorney's Office.

PUBLIC CONT ACT
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:clerk@santaclaraca .gov> or at the City of Sa11la Clara Page? of3 Printed on 10/5/2023
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23-936
public information desk at any City of Santa Clara public library.

RECOMMENDATION
Agenda Date: 10/10/2023

1. Authorize the City Manager to execute and take all necessary steps to approve the Grant Agreement between the City of Santa Clara and the State of California Office of Traffic Safety in the amount of $45,200 for the Safe Routes to School Program, in a final form approved by the City Attorney;

2. Authorize the City Manager to execute Amendment No. 1 to the Agreement with Safe Moves, Inc. to increase the maximum compensation by $45,200 for a revised not-to-exceed amount of $645,200, to provide equipment and services in support of the Safe Routes to School Program, in a final form approved by the City Attorney;

3. Authorize the City Manager to make minor modifications to both agreements and to extend the terms, if needed , in a final form approved by the City Attorney; and

4. Approve the FY 2023/24 budget amendment in the Streets and Highways Capital Fund to increase the Other Agencies Revenue estimate by $45,200 to recognize grant funding for the OTS grant and establish the 2023 Santa Clara School Pedestrian and Bicycle Safety Project in the amount of $45,200 (five affirmative Council votes required to appropriate additional revenue).

Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Jovan D. Grogan, City Manager

ATTACHMENTS

1. Office of Traffic Safety Grant Agreement

2. Original Agreement with Safe Moves

3. Amendment No.1 with Safe Moves
City of Santa Clara Page 3 of 3 Printed on 10/5/2023
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Ebix Insurance No. S200003681
AMENDMENT NO. 2

TO THE AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
SAFE MOVES, INC.

PREAMBLE
This agreement (''Amendment No. 2") is entered into between the City of Santa Cl'ara, California, a chartered California municipal corporation (City) and Safe Moves, Inc., a California corporation, (Consult~nt). City and Consultant may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."

RECITALS
A The Parties previously entered into an agreement entitled "Agreement for Services Between the City of Santa Clara, California, and Safe Moves, Inc.", dated November 11 , 2022 (Agreement);
B. The Agreement was previously amended by Amendment No. 1, dated October 17, 2023, and is again. amended by this Amendment No. 2. The Agreement and all previous amendments are collectively referred to herein as the "Agreement as Amended''; and
C. The Parties entered into the Agreement as Amended for the purpose of having Consultant provide professional services to organize, facilitate, promote events, and activities relating to the City's Safe Routes to School program and facilities in the program, and the Parties now wish to amend the Agreement as Amended to increase compensation by $69,050 for a revised total not-to-exceed maximum compensation of $714,250.

NOW, THEREFORE, the Parties agree as follows:

AMENDMENT TERMS AND CONDITIONS

1. Section 6 of the Agreement as Amended, entitled "COMPENSATION AND PAYMENT" is amended to read as .follows:
"In consideration for Consultant's complete performance of Services, City shall pay Consultant for all materials provided and Services rendered by Consultant in accordance with Second Revised Exhibit 81 , entitled "SCHEDULE OF FEES." The maximum compensation of this Agreement is Seven Hundred Fourteen Thousand Two Hundred Fifty Dollars ($714,250), subject to budget appropriations, which includes all payments that may be authorized for Services Amendment No. 2 to Agreement/Safe Moves, Inc.

Rev. 10/25/19

Page 1 ends

and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Consultant's expense. Consultant shall not be entitled to any payment above the maximum compensation under any circumstance."

2. Revised Exhibit B1 of the Agreement, entitled "SCHEDULE OF FEES' is hereby amended to read as show in Second Revised Exhibit B1, attached herein.

3. Revised Exhibit 82 of the Agreement, entitled "FEES BY TASK AND YEAR" is herel:ly amendment to read as shown in Second Revised Exhibit 82, attached herein.

4. Except as set forth herein, all other terms and conditions of the Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Agreement as Amended and this Amendment No. 2, the provisions of this Amendment No. 2 shall control.

SIGNATURES ON NEXT PAGE
Amendment No. 2 to Agreement/Safe Moves, Inc.

Rev. 10/25/2019
Page2
The Parties acknowledge and accept the terms and conditions of this Amendment No. 2 as evidenced by the following signatures of their duly authorized representatives.

Approved as to Form:

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Dated: /fD f-i, /1-t
Dlgi1ally signed by Danfiel
D • I B II' Ballin 8nl9 a In Date: 2024.10.01
15:22:16 --07"00'
GLEN R. GOOGINS
City Attorney
~ -' ~~G- O~G_A_N ____ _
Vc?t'{~ger
"CITY"
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
SAFE MOVES, INC.
a California corporation
Dated: 8/26/2024
By (Signature): A_~~f½-~_· ___________ _ Name: Pat Hines Title: Founder/Executive Director
Principal Place of 15500 Erwin Street, #2457
Business Address: Van Nuys, CA 91411
Email Address: [email protected]
Telephone: (408) 374-8991
Fax: N/A
"CONSUL TANT'
Amendment No. 2 to Agreement/Safe Moves, Inc.

Rev. 10/25/2019

Page 3 ends

SECOND REVISED EXHIBIT 81

SCHEDULE OF FEES

1. MAXIMUM COMPENSATION

1.1. The maximum amount payable for all services provided under this Agreement shall not exceed Seven Hundred Fourteen Thousand Two Hundred Fifty Dollars ($714,250), during the three-year initial term of the Agreement. No additional services will be performed unless both Parties execute an amendment outlining the services requested and the compensation agreed for such services.

1.3. The compensation amount is specified below:

Total for All Tasks for Three Program Years (See Second Revised Exhibit 82 for Task Cost Breakdown by Year)
Contingency (Shall be used only for additional scope.)

ORIGINAL TOTAL MAXIMUM COMPENSATION

NOT-TO-EXCEED
Amendment No. 1

REVISED TOTAL MAXIMUM COMPENSATION

NOT-TO-EXCEED
Amendment No. 2

SECOND REVISED TOTAL MAXIMUM COMPENSATION

NOT-TO-EXCEED

2. FEES
$568,384.75
$31 ,615.25
$600,000.00
$45,200.00
$645,200.00
$69,050.00
$714,250.00

2.1. The hourly rates for Consultant's Personnel are listed below in Table 82:

Program Manager (Safe
Moves)
Program Coordinator
(Safe Moves)
Pat Hines $127.02
Pamela Nye Pedersen $46.22
Amendment No. 2 to Agreement/Safe Moves; lnc./Second Revised Exhibit 81 - Schedule of Fees Page 1 Rev. 10/25/2019
Title Personnel Hourly Rate
Instructor Quinn Danz $36.98 (Safe Moves)
Instructor Will Mellon $36.98 (Safe Moves)
Instructor Marni Spencer-Delvin $36.98 (Safe Moves)
Graphic and Social Media
Coordinator Eve Mazzara $46.22
(Safe Moves)
Program Manager (KOA) Carlos Velasquez $164.99
Associate Planner Alberto Salgado $54.19 (KOA)
Associate Planner Sarai Osorio $51.76 (KOA)

2.2. The City will pay the Consultant for each task based on the task breakdown specified in Revised Exhibit B2.

3. PRICING

3.1. All hourly rates are fixed for the Initial Three-Year Term of the Agreement.

3.2. Consultant may request price adjustments after the initial three year term . Any price increases must be supported by a relevant industry specific index.

Requests for increase must be fully documented by Consultant. Price adjustments are subject to City's approval.

4. INVOICING REQUIREMENTS

4.2. City shall pay Consultant within thirty (30) days of City's receipt of an approved invoice.

4.3. Invoices shall include, at a minimum, the following:

1.3.1 . Identify the task services were provided for;

1.3.2. Description of work performed;

1.3.3. Deliverables completed;

1.3.4. Amount for services provided by task;
Amendment No. 2 to AgreemenUSafe Moves, lnc./Second Revised Exhibit 81 - Schedule of Fees Rev. 10/25/2019
Page2

1.3.5. The not-to-exceed amount for the task, invoiced amount to date, amount for the current invoice, and remaining not-to-exceed amount for the task.

Amendment No. 2 to AgreemenUSafe Moves, lnc./Second Revised Exhibit B1 - Schedule of Fees Rev. 10/25/2019 ·

Page 3 ends

1. AMENDMENT NO. 2
SECOND REVISED EXHIBIT B2

FEES BY TASK AND YEAR

1. 1. The following tasks are being funded by the 2024 California Office of Traffic Safety Grant and will be completed in Year 3. These tasks must be completed prior to September 30, 2025 and at the following cost.

Activity Unit Cost/Rate Units Total Cost
Traffic Safety Student Assemblies $200.00 75 $15,000.00 Bike Rodeos $1 ,500.00 25 $37,500.00
Bicycle Rodeo Activity Supplies $11,550.00 1 $11,550.00 Pedestrian/Bicycle Safety Items $2,000.00 1 $ 2,000.00
Bicycle Helmets $10.00 300 $3,000.00
TOTAL $69,050.00

2. AMENDMENT NO. 1

2.1. The following number of tasks are being funded by the 2023 California Office of Traffic Safety Grant and will be completed in Year 2. These tasks must be completed by September 30, 2024 and at the following cost Activity Unit Cost/Rate Units Total Cost
Bike Rodeo $1 ,000.00 30 $30,000.00
Student Assemblies $150.00 68 $10,200.00
Bicycle Helmets $10.00 300 $3 ,000.00
Bicycle Safety Equipment $2,000.00 1 $2,000.00
TOTAL $45,200.00

3. The City will pay Consultant for Year 1 based on the fee breakdown below:

TA#SK I DESCRIPTION I BUDGETE I

D HOURS TOTAL
1 PROJECT INITIATION

1.1 Project Kick-Off Meeting - Meeting Agenda, Minutes, $3,002.60 Action Items - Pat Hines, Program Manager (Safe Moves) 20
- Pamela Nye Pedersen, Program Coordinator 10 (Safe Moves}

1.2 Staff Coordination with Consultant - Biweekly Meetings $12,472.60 - Pat Hines, Proqram Manaoer (Safe Moves) 80
Amendment No. 2 to Agreement/Safe Moves, lnc./Second Revised Exhibit B2 - Schedule of Fees Page 1 Rev. 10/25/2019
2 3

1.3 - Pamela Nye Pedersen, Program Coordinator
Safe Moves
Project Invoicing - Monthly Progress Reports with
lnvoicin
- Pat Hines, Pro ram Mana er Safe Moves
- Pamela Nye Pedersen, Program Coordinator
Safe Moves
TOTAL FOR TASK 1

OUTREACH

2.1 Website, Voicemail, and Email
Produce and monitor website
- Pat Hines, Pro ram Mana er Safe Moves
- Pamela Nye Pedersen, Program Coordinator
Safe Moves
- Eve Mazzara, Graphic and Social Media
Coordinator Safe Moves
- Pamela Nye Pedersen, Program Coordinator
Safe Moves

2.2 Event Advertisement
- Pat Hines, Pro ram Mana er Safe Moves
- Pamela Nye Pedersen, Program Coordinator
Safe Moves
- Eve Mazzara, Graphic and Social Media
Coordinator Safe Moves
30 50
240
30 40
70 40
40 40
50 ouncements posted & 508
- Pamela Nye Pedersen, Program Coordinator
Safe Moves
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves
TOTAL FOR TASK 2

EDUCATION

3.1 Safe Routes to School Maps
Walk Audits 3 Schools
30 40
50 450
25 15
$6,121.60
$21,596.80
$13,284.00
$8,894.80
$4,389.20
$17,211:00
$9,240.60
$7,970.40
$30,495.00
$37,627.15
$15,005.05
Amendment No. 2 to Agreement/Safe Moves, lnc./Second Revised Exhibit 82 - Schedule of Fees Rev. 10/25/2019

Page 2 ends

3.2 - Quinn Danz, Instructor Safe Move
- Will Mellon, Instructor (Safe Moves
- Marni Spencer-Devlin, Instructor (Safe
Moves
- Sarai Osorio, Associat
lnfrastructur
- Pat Hines,
- Carlos Vel
- Sarai Osorio, Associate Planner KOA
- Pamela Nye Pedersen, Program Coordinator
Safe Moves
- Quinn Danz, Instructor Safe Moves
- Will Mellon, Instructor (Safe Moves
- Marni Spencer-Devlin, Instructor (Safe
Moves
25 25
25 25
40 40
& Costs
30 15
35 35
30 25
10 15
15 - Sarai Osorio, Associate Planner (KOA 35
Bicycle and Pedestrian Student Skills Training Rodeos
Bike Scooter & Pedestrian Skill Trainin s & Summa
- Pat Hines, Pro ram Mana er Safe Moves 50
- Pamela Nye Pedersen, Program Coordinator
Safe Moves 30
- Quinn Danz, Instructor (Safe Moves 125
- Will Mellon, Instructor Safe Moves 125
$9,993.70
$12,628.40
$16,982.60
$16,982.60
Rodeo Toolkit (See pricing under Printing Year 1 Category and SRTS Toolkit under Task 3.3)

3.3 Parent/Teacher/Coordinator Training Worksho s $30,837.40 - Pat Hines, Pro ram Mana er Safe Moves
- Pamela Nye Pedersen, Program Coordinator
Safe Moves
er Safe Moves
$11,375.30
75 40
$12,070.30
55 30
Amendment No. 2 to AgreemenUSafe Moves, lnc./Second Revised Exhibit 82 - Schedule of Fees Rev. 10/25/2019

Page 3 ends

TASK DESCRIPTION BUDGETE I TOTAL # D HOURS
(Safe Moves)
- Eve Mazzara, Graphic and Social Media 80 Coordinator (Safe Moves) Workshoo Content $7,391 .80
- Pat Hines, Program Manager (Safe Moves) 40
- Pamela Nye Pedersen, Program Coordinator 25 (Safe Moves) - Eve Mazzara, Graphic and Social Media 25 Coordinator (Safe Moves) TOTAL FOR TASK 3 1215 $85,447.15
4 ENCOURAGEMENT

4.1 Kick-off Event (1) $7,058.10
- Pat Hines, Program Manager (Safe Moves) 25
- Pamela Nye Pedersen, Program Coordinator 25 (Safe Moves) - Quinn Danz, Instructor (Safe Moves) 10
- Will Mellon, Instructor (Safe Moves) 10
- Marni Spencer-Devlin, Instructor (Safe 10 Moves)
- Eve Mazzara, Graphic and Social Media 35 Coordinator (Safe Moves)

4.2 Pop-Up Events (5) $13,053.50
- Pat Hines, Program Manager (Safe Moves) 50
- Pamela Nye Pedersen, Program Coordinator 25 (Safe Moves) - Quinn Danz, Instructor (Safe Moves) 50
- Will Mellon, Instructor (Safe Moves) 50
- Marni Spencer-Devlin, Instructor (Safe 50 Moves)

4.3 Encouragement Events $35,037.90
Walking1 scooter riding and bic)l'.cle riding $28,072.20 encouraaement events (51 l - Pat Hines, Program Manager (Safe Moves) 90
- Pamela Nye Pedersen, Program Coordinator 60 (Safe Moves) - Quinn Danz, Instructor (Safe Moves) 100
- Will Mellon, Instructor (Safe Moves) 100
- Marni Spencer-Devlin, Instructor (Safe 100 Moves)
- Eve Mazzara, Graphic and Social Media 60
Amendment No. 2 to Agreement/Safe Moves, lnc./Second Revised Exhibit 82 - Schedule of Fees Rev. 10/25/2019

Page 4 ends

5 5.1
- Pat Hines, Program Mana er (Safe Moves)
- Pamela Nye Pedersen, Program Coordinator
Safe Moves
- Quinn Danz, Instructor (Safe Moves)
- Will Mellon, Instructor (Safe Moves)
TOTAL FOR TASK 4

PROGRAM EVALUATION
Surveys
Pre and Post Parent Surve s and Student Tallies
- Pat Hines, Pro ram Mana er Safe Moves
- Pamela Nye Pedersen, Program Coordinator
Safe Moves
- Quinn Danz, Instructor Safe Moves
- Will Mellon, Instructor Safe Moves
- Marni Spencer-Devlin , Instructor (Safe
Moves
- Eve Mazzara, Graphic and Social Media
Coordinator Safe Moves
OTS Pre and Post Helmet Surveys (17 Schools)
- Pat Hines, Pro ram Mana er Safe Moves)
- Pamela Nye Pedersen, Program Coordinator
Safe Moves
- Quinn Danz, Instructor Safe Moves
- Will Mellon, Instructor Safe Moves
- Marni Spencer-Devlin, lnstr1:Jctor (Safe
Moves
- Eve Mazzara, Graphic and Social Media
Coordinator Safe Moves

5.2 (1) Annual Report (17 Schools)
Printin
- Pat Hines, Pro ram Mana er Safe Moves
- Pamela Nye Pedersen, Program Coordinator
Safe Moves
- Eve Mazzara, Graphic and Social Media
Coordinator Safe Moves
TOTAL FOR TASK 5

TOTAL FOR ALL TASKS
Rodeo Flyer & Permission Form for 17 Rodeos
$6,965.70
25 50
20 20
965 $55,149.50
$24,745.90
$9,033.70
30 40
20 20
20 25
$15,712.20
40 40
50 50
100
30 $5,486.50
25 20
30 540 $30,232.40
$222,920.85
$ 1,500.00
Amendment No. 2 to AgreemenUSafe Moves, lnc./Second Revised Exhibit 82 - Schedule of Fees Rev. 10/25/2019

Page 5 ends

TA#SK I DESCRIPTION I BUDGETE I

D HOURS TOTAL
SRTS Toolkit (Guide) $ 2,500.00
508 Posters $ 1,200.00
Safety Tips for Students & Parents $ 2,500.00
51 Encouragement Event Flyers $ 2,300.00
TOTAL FOR PRINTING $ 10,000.00
EQUIPMENT (PURCHASED FIRST YEAR FOR ALL 3 YEARS)
714 OTS Funded Helmets@ $7.00 per helmet (includes tax & $ 5,000.00 handlinQ) 2,500 Pedometers@ $1 .00 per pedometer (includes tax & handling) $ 2,500.00 300 FronURear Bike Lights @ $8.30 per light (includes tax & handling) $ 2,490.00 TOTAL FOR EQUIPMENT $ 9,990.00
YEAR 1 TOTAL $242,910.85

4. The City will pay Consultant for Year 2 based on the fee breakdown below:

TA#SK I DESCRIPTION I BUDGETED I

HOURS TOTAL
1 PROJECT INITIATION

1.1 Project Kick-Off Meeting - Meeting Agenda, Minutes, Action $3,002.60 Items - Pat Hines, ProQram ManaQer (Safe Moves) 20
- Pamela Nye Pedersen, Program Coordinator 10 (Safe Moves)

1.2 Staff Coordination with Consultant - Biweekly Meetings $12,472.60 - Pat Hines, ProQram ManaQer (Safe Moves) 80
- Pamela Nye Pedersen, Program Coordinator 50 (Safe Moves)

2.1 Website, Voicemail, and Email $11,897.40
Produce and monitor website $7,508.20
- Pat Hines, ProQram Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator 40 (Safe Moves) - Eve Mazzara, Graphic and Social Media 40 Coordinator (Safe Moves) Amendment No. 2 to Agreement/Safe Moves, lncJSecond Revised Exhibit B2 - Schedule of Fees Page 6 Rev. 10/25/2019
TA#SK I DESCRIPTION BUDGETED I

HOURS TOTAL
Establish and monitor Qhone lines/voicemails/emails $4,389.20 - Pat Hines, Program Manager (Safe Moves) 20
- Pamela Nye Pedersen, Program Coordinator 40 (Safe Moves)

2.2 Event Advertisement $15,362.20
Advertisina/oromotional materials $8,316.20
- Pat Hines, Program Manager (Safe Moves) 40
- Pamela Nye Pedersen, Program Coordinator 40 (Safe Moves) - Eve Mazzara, Graphic and Social Media 30 Coordinator (Safe Moves) 85 event/workshoQs announcements QOSted & 508 $7,046.00 oosters orinted/disolaved - Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator 40 (Safe Moves) - Eve Mazzara, Graphic and Social Media 30 Coordinator (Safe Moves) TOTAL FOR TASK 2 380 $27,259.60
3 EDUCATION

3.1 Safe Routes to School Maps $14,494.50
Walk Audits 13 Schools) $5,717.80
- Pat Hines, Program Manager (Safe Moves) 25
- Pamela Nye Pedersen, Program Coordinator 15 (Safe Moves) - Quinn Danz, Instructor (Safe Moves) 25
- Will Mellon, Instructor (Safe Moves) 25
Infrastructure Oeficiencv lnventorv List. Mao & Costs $3,810.60 - Pat Hines, Program Manager (Safe Moves) 30
Review/Revise School Macs (14 schools) $4,966.10
- Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator 25 (Safe Moves)

3.2 Bicycle and Pedestrian Student Skills Training Rodeos $16,982.60 Bike. Scooter & Pedestrian Skill Traininas & Summarv $16,982.60 - Pat Hines, Program Manager (Safe Moves) 50
- Pamela Nye Pedersen, Program Coordinator 30 (Safe Moves) - Quinn Danz, Instructor (Safe Moves) 125
- Will Mellon, Instructor (Safe Moves) 125
Amendment No. 2 to Agreement/Safe Moves, lnc./Second Revised Exhibit 82 - Schedule of Fees Rev. 10/25/2019

Page 7 ends

TA#SK I DESCRIPTION I BUDGETED I

HOURS TOTAL
Rodeo Toolkit {DeveloQed in Year 1} N/A

3.3 Parent/Teacher/Coordinator Training Workshops $18,767.10 Works hons $11 ,375.30
- Pat Hines, ProQram ManaQer (Safe Moves) 75
- Pamela Nye Pedersen, Program Coordinator 40 (Safe Moves) SRTS Toolkit (1 \ lDevelooed in Year 1) N/A
Workshoo Content $7,391 .80
- Pat Hines, Program Manager (Safe Moves) 40
- Pamela Nye Pedersen, Program Coordinator 25 (Safe Moves) - Eve Mazzara, Graphic and Social Media 25 Coordinator (Safe Moves) TOTAL FOR TASK 3 710 $50,244.20
4 ENCOURAGEMENT

4.1 Kick-off Event (1) NONE N/A

4.2 Pop-Up Events (5) $13,053.50
- Pat Hines, Program Manager (Safe Moves) 50
- Pamela Nye Pedersen, Program Coordinator 25 (Safe Moves) - Quinn Danz, Instructor (Safe Moves) 50
- Will Mellon, Instructor (Safe Moves) 50
- Marni Spencer-Devlin, Instructor (Safe 50 Moves)

4.3 Encouragement Events $27,147.80
Walking1 scooter riding and bic~cle riding encouragement $27,147.80 events {51} - Pat Hines, Program Manager (Safe Moves) 90
- Pamela ~ye Pedersen, Program Coordinator 60 (Safe Moves) - Quinn Danz, Instructor (Safe Moves) 100
- Will Mellon, Instructor (Safe Moves) 100
- Marni Spencer-Devlin, Instructor (Safe 100 Moves)
- Eve Mazzara, Graphic and Social Media 40 Coordinator (Safe Moves) OTS funded helmets and safetv eguiQment {Purchased in N/A vear1) TOTAL FOR TASK 4 715 $40,201.30
Amendment No. 2 to Agreement/Safe Moves, lnc./Second Revised Exhibit 82 - Schedule of Fees Rev. 10/25/2019

Page 8 ends

TASK DESCRIPTION I BUDGETED I TOTAL # HOURS
5 PROGRAM EVALUATION

5.1 Surveys $9,033.70
Pre and Post Parent Survevs and Student Tallies $9,033.70 - Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator 40 (Safe Moves} - Quinn Danz, Instructor (Safe Moves) 20
- Will Mellon, Instructor (Safe Moves} 20
- Marni Spencer-Devlin, Instructor (Safe 20 Moves)
- Eve Mazzara, Graphic and Social Media 25 Coordinator (Safe Moves) OTS Pre and Post Helmet Survevs (17 Schools) N/A

5. The City will pay Consultant for Year 3 based on the fee breakdown below:

TASK# I DESCRIPTION I BUDGETED I
HOURS Total
1 PROJECT lNITIATION

1.1 Project Kick-Off Meeting - Meeting Agenda, Minutes, Action Items $3,002.60 - Pat Hines, Program Manager (Safe Moves) 20
- Pamela Nye Pedersen, Program Coordinator (Safe 10 Moves)

1.2 Staff Coordination with Consultant - Biweekly Meetings $12,472.60 Amendment No. 2 to Agreement/Safe Moves, lnc./Second Revised Exhibit B2 - Schedule of Fees Page 9 Rev. 10/25/2019
TASK# I DESCRIPTION I BUDGETED I
HOURS Total
2 3
- Pat Hines, Program Manager (Safe Moves) 80
- Pamela Nye Pedersen, Program Coordinator (Safe 50 Moves)

1.3 Project Invoicing - Monthly Progress Reports with Invoicing $6,121 .60 - Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator (Safe 50 Moves) TOTAL FOR TASK 1 240 $21,596.80

OUTREACH

2.1 Website, Voicemail, and Email $11,897.40
Produce and monitor website $7,508.20
- Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator (Safe 40 Moves) - Eve Mazzara, Graphic and Social Media 40 Coordinator (Safe Moves) Establish and monitor ~hone lines/voicemails/emails $4,389.20 - Pat Hines, Program Manager (Safe Moves) 20
- Pamela Nye Pedersen, Program Coordinator (Safe 40 Moves)

2.2 Event Advertisement $15,362.20
Advertising/~romotional materials $8,316.20
- Pat Hines, Program Manager (Safe Moves) 40
- Pamela Nye Pedersen, Program Coordinator (Safe 40 Moves) - Eve Mazzara, Graphic and Social Media 30 Coordinator (Safe Moves) 85 event/worksho~s announcements QOsted & 508 Q0sters $7,046.00 orinted/disolaved - Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator (Safe 40 Moves) - Eve Mazzara, Graphic and Social Media 30 Coordinator (Safe Moves) TOTAL FOR TASK 2 380 $27,259.60

EDUCATION

3.1 Safe Routes to School Maps $14,494.50
Walk Audits (3 Schools) $5,717.80
- Pat Hines, Program Manager (Safe Moves) 25
- Pamela Nye Pedersen, Program Coordinator (Safe 15
Amendment No. 2 to Agreement/Safe Moves, lnc./Second Revised Exhibit 82 - Schedule of Fees Rev. 10/25/2019

Page 10 ends

TASK# I DESCRIPTION l BUDGETED I
HOURS Total
4 Moves)
- Quinn Danz, Instructor (Safe Moves) 25
- Will Mellon, Instructor (Safe Moves) 25
Infrastructure Deficiencv lnventorv List. Mao & Costs $3,810.60 - Pat Hines, Program Manager (Safe Moves) 30
Review/Revise School Maos (14 schools) $4,966.10
- Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator {Safe 25 Moves)

3.2 Bicycle and Pedestrian Student Skills Training Rodeos $16,982.60 Bike Scooter & Pedestrian Skill Traininas & Summarv $16,982.60 - Pat Hines, Proaram Manaoer (Safe Moves) 50
- Pamela Nye Pedersen, Program Coordinator (Safe 30 Moves) - Quinn Danz, Instructor (Safe Moves) 125
- Wi ll Mellon, Instructor (Safe Moves) 125
Rodeo Toolkit {DevetoQed in Year 1} N/A

3.3 Parent/Teacher/Coordinator Training Workshops $18,767.10 Workshoos $11 ,375.30
- Pat Hines, Program Manaqer (Safe Moves) 75
- Pamela Nye Pedersen, Program Coordinator (Safe 40 Moves) SRTS Toolkit (1) fDevelooed in Year 1) N/A
Workshoo Content $7,391 .80
- Pat Hines, Program Manager (Safe Moves) 40
- Pamela Nye Pedersen, Program Coordinator .(Safe 25 Moves) - Eve Mazzara, Graphic and Social Media 25 Coordinator (Safe Moves) TOTAL FOR TASK 3 710 $50,244.20

ENCOURAGEMENT

4.1 Kick-off Event (1) NONE N/A

4.2 Pop-Up Events (5) $13,053.50
- Pat Hines, Program Manager (Safe Moves) 50
- Pamela Nye Pedersen , Program Coordinator (Safe 25 Moves) - Quinn Danz, Instructor (Safe Moves) 50
- Will Mellon, Instructor (Safe Moves) 50
- Marni Spencer-Devlin, Instructor (Safe Moves) 50
Amendment No. 2 to Agreement/Safe Moves, lnc./Second Revised Exhibit 82 - Schedule of Fees Rev. 10/25/2019

Page 11 ends

TASK# I DESCRIPTION I BUDGETED I
HOURS Total

4.3 Encouragement Events $27,147.80
Walking1 scooter riding and bic~cle riding encouragement $27,1 47.80 events (51) - Pat Hines, Program Manager (Safe Moves) 90
- Pamela Nye Pedersen, Program Coordinator (Safe 60 Moves) - Quinn Danz, Instructor (Safe Moves) 100
- Will Mellon, Instructor (Safe Moves) 100
- Marni Spencer-Devlin, Instructor (Safe Moves) 100
- Eve Mazzara, Graphic and Social Media 40 Coordinator (Safe Moves) OTS funded helmets and safet~ egui~ment (Purchased in ~ear 1) N/A
TOTAL FOR TASK 4 715 $40,201.30
5 PRORGRAM EVALUATION

5.1 Surveys $9,033.70
Pre and Post Parent Survevs and Student Tallies $9,033.70 - Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator (Safe 40 Moves) - Quinn Danz, Instructor (Safe Moves) 20
- Will Mellon, Instructor (Safe Moves) 20
- Marni Spencer-Devlin, Instructor (Safe Moves) 20
- Eve Mazzara, Graphic and Social Media 25 Coordinator (Safe Moves) OTS Pre and Post Helmet Survevs C17 Schools) N/A

5.2 (1) Annual Report (17 Schools) & Program Evaluation Report (17 $8,316.20 Schools) - Pat Hines, Program Manager (Safe Moves) 40
- Pamela Nye Pedersen, Program Coordinator (Safe 30 Moves) - Eve Mazzara, Graphic and Social Media 40 Coordinator (Safe Moves) TOTAL FOR TASK 5 265 $17,349.90
TOTAL FOR ALL TASKS $156,651.80
Printing
Rodeo Flyer & Permission Form for 17 Rodeos $1 ,500.00
508 Posters $1 ,200.00
Safety Tips for Students & Parents $2,500.00
Amendment No. 2 to AgreemenUSafe Moves, lnc./Second Revised Exhibit B2-,Schedule of Fees Rev. 10/25/2019

Page 12 ends

TASK# I DESCRIPTION I BUDGETED I
HOURS Total
51 Encouragement Event Flyers $2,300.00
TOTAL FOR PRINTING $ 7,500.00
YEAR3 TOTAL $164, 151.80
Amendment No. 2 to Agreement/Safe Moves, lnc./Second Revised Exhibit 82 - Schedule of Fees Rev. 10/25/2019

Page 13 ends

24-702

REPORT TO COUNCIL

SUBJECT
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraoa.gov
@SantaClaraClty
Agenda Date: 9/24/2024
Action on a Grant Agreement with the California Office of Traffic Safety, and Amendment No. 2 to the Agreement with Safe Moves, Inc., for the Safe Routes to School Program, and Related Budget Amendments
COUNCIL P.ILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

In July 2022, the City received a $25,000 grant from the California Office of Traffic Safety (OTS).

OTS, which administers traffic safety grants made available to California by the National Highway Traffic Safety Administration (NHTSA), awarded these funds to enhance the City's SRTS Program. In November 2022, the City allocated these funds through an agreement with Safe Moves, Inc. This agreement was later amended (Amendment No. 1) to incorporate an additional $45,200 grant received from OTS in July 2023. These funds were used to purchase safety equipment, such as bicycle helmets, and to support activities including bicycle and pedestrian rodeos and student assemblies.

In January 2024, the Department of Public Works (DPW) submitted a third grant application to OTS for additional funds to continue to support the SRTS Program. The application sought funding for activities and materials similar to those supported by the first two grant awards. On July 17, 2024, DPW received notification that the City was tentatively awarded a $69,050 grant from OTS.

The purpose of this report is to request Council authorization for the City Manager to execute the 2024 Grant Agreement with OTS (Grant Agreement) and Amendment No. 2 to the agreement with Safe Moves, Inc. Both documents must be executed prior to OTS' release of the grant funds.

DISCUSSION
As a condition of receiving the grant, the City is required to execute the Grant Agreement before OTS can approve the award of $69,050. The Grant Agreement stipulates that these funds must be expended between October 1, 2024 and September 30, 2025. Therefore, staff is requesting that Council authorize the City Manager to execute the Grant Agreement as the Authorizing Official on behalf of the City.

City of Santa Clara Page 1 of 3 Printed on 9/20/2024
Agenda Date: 9/24/2024
Additionally, staff is seeking authorization to execute Amendment No. 2 to the agreement with Safe Moves. Amendment No. 2 will allocate the full grant amount of $69,050 to the Safe Moves agreement, bringing the total not-to-exceed amount to $714,250. The funds will be used for the purchase of helmets and other safety equipment and to support additional programs, including student assemblies and bike rodeos.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a "project" within the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

FISCAL IMPACT
The recommended budget action recognizes OTS grant funding in the amount of $69,050 and allocates those funds to a new 2024 Santa Clara School Pedestrian and Bicycle Safety Project in the Streets and Highways Capital Fund. This project will provide funding for Amendment No. 2 with Safe Moves.

Amendment No. 2 with Safe Moves for the SRTS program will increase the current $645,200 agreement by $69,050 for a total not to exceed amount of $714,250.

The table below summarizes the budget action for FY 2024/25.

Streets and Highways Capital Fund
Revenues
Other Agencies Revenue
Expenditures
2024 Santa Clara School Pedestrian
and Bicycle Safety Project (New
Project)

COORDINATION
Budget Amendment
FY 2024/25
Current
$27,692,361
$0
Increase/
(Decrease)
$69,050
$69,050
Revised
$27 ,761,411
$69,050
This report has been coordinated with the City Manager's Office, the Finance Department and the City Attorney's Office.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City's official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City's website and in the City Clerk's Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk's City of Santa Clara Page 2 of 3 Printed on 9/17/2024
powered by Legistar'"
24-702 Agenda Date: 9/24/2024
Office at (408) 615-2220, email [email protected] <mailto:[email protected]:: or at the public information desk at any City of Santa Clara_ public library.

RECOMMENDATION

1. Authorize the City Manager to execute and take all necessary steps to implement the Grant Agreement between the City of Santa Clara and the State of California Office of Traffic Safety in the amount of $69,050 for the Safe Routes to School Program, in a final· form approved by the City Attorney:

2. Authorize the City Manager to execute Amendment No. 2 to the Agreement with Safe Moves, Inc. to increase the maximum compensation by $69,050 for a revised not-to-exceed amount of $714,250, to provide equipment and services in support of the Safe Routes to School Program, in a final form approved by the City Attorney;

3. Authorize the City Manager to make minor modifications to both agreements and to extend the terms, if needed, in a final form approved by the City Attorney; and

4. Approve the FY 2024/25 budget amendment in the Streets and Highways Capital Fund to increase the Other Agencies Revenue estimate by $69,050 to recognize grant funding for the OTS grant and establish the 2024 Santa Clara School Pedestrian and Bicycle Safety Project in the amount of $69,050 (five affirmative Council votes required to appropriate additional revenue).

Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Jovan Grogan, City Manager

ATTACHMENTS

1. 2024 Office of Traffic Safety Grant Agreement

2. Original Agreement with Safe Moves and Report to Council No. 22-1190

3. Amendment No. 1 to Agreement with Safe Moves and Report to Council No. 23-936

4. Amendment No. 2 to Agreement with Safe Moves
City of Santa Clara Page 3 of 3 Printed on 9/17/2024
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Amendment No. 3 to Agreement/Safe Moves, Inc. Page 1
Rev. 10/25/19
Ebix Insurance No. S200003681
AMENDMENT NO. 3

TO THE AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
SAFE MOVES, INC.

PREAMBLE
This agreement (“Amendment No. 3”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Safe Moves, Inc., a California corporation (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
A. The Parties previously entered into an agreement entitled “Agreement for Services between the City of Santa Clara, California, and Safe Moves, Inc.”, dated November 11, 2022 (Agreement);
B. The Agreement was previously amended by Amendment No. 1, dated October 17, 2023, Amendment No. 2, dated October 2, 2024, and is again amended by this Amendment No. 3. The Agreement and all previous amendments are collectively referred to herein as the “Agreement as Amended”; and C. The Parties entered into the Agreement as Amended for the purpose of having Contractor provide professional services to organize, facilitate, and promote events and activities relating to the City’s Safe Routes to School program and facilities in the program, and the Parties now wish to amend the Agreement as Amended to revise the unit quantities for the additional tasks added by Amendment No. 2, with no increase in compensation.

NOW, THEREFORE, the Parties agree as follows:

AMENDMENT TERMS AND CONDITIONS

1. Second Revised Exhibit B2 of the Agreement, entitled “FEES BY TASK AND YEAR” is hereby amended to read as shown in Third Revised Exhibit B2, attached herein.

2. Except as set forth herein, all other terms and conditions of the Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Agreement as Amended and this Amendment No. 3, the provisions of this Amendment No. 3 shall control.

Amendment No. 3 to Agreement/Safe Moves, Inc. Page 2
Rev. 10/25/2019
The Parties acknowledge and accept the terms and conditions of this Amendment No. 3 as evidenced by the following signatures of their duly authorized representatives.

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated:

GLEN R. GOOGINS
City Attorney
-ƿ9$1'*52*$1
City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”
SAFE MOVES, INC.
a California corporation
Dated:

By (Signature):

Name: Pat Hines
Title: Founder/Executive Director
Principal Place of
Business Address:
15500 Erwin street, #2457
9DQ1X\V&$

Email Address: [email protected]
Telephone: (408) 374-8991
Fax: N/A
“CONTRACTOR”

Amendment No. 3 to Agreement/Safe Moves, Inc./Third Revised Exhibit B2-Fees by Task and Year Page 1 Rev. 10/25/2019
THIRD REVISED EXHIBIT B2

FEES BY TASK AND YEAR

1. AMENDMENT NO. 3

1.1. The table below replaces the table in Section 2 of this Exhibit for tasks that will be funded by the 2024 California Office of Traffic Safety Grant and will be completed in Year 3.

Activity Unit Cost/Rate Units Total Cost
Traffic Safety Student Assemblies $200.00 95 $19,000.00 Bike Rodeos $1,500.00 30 $45,000.00
Bicycle Rodeo Activity Supplies $50.00 1 $50.00
Pedestrian/Bicycle Safety Items $2,000.00 1 $ 2,000.00
Bicycle Helmets $10.00 300 $3,000.00
TOTAL $ 69,050.00

2. AMENDMENT NO. 2

2.1. The following tasks are being funded by the 2024 California Office of Traffic Safety Grant and will be completed in Year 3. These tasks must be completed prior to September 30, 2025 and at the following cost.

Activity Unit Cost/Rate Units Total Cost
Traffic Safety Student Assemblies $200.00 75 $15,000.00 Bike Rodeos $1,500.00 25 $37,500.00
Bicycle Rodeo Activity Supplies $11,550.00 1 $11,550.00 Pedestrian/Bicycle Safety Items $2,000.00 1 $ 2,000.00
Bicycle Helmets $10.00 300 $3,000.00
TOTAL $ 69,050.00

3. AMENDMENT NO. 1

Activity Unit Cost/Rate Units Total Cost
Bike Rodeo $1,000.00 30 $ 30,000.00
Student Assemblies $150.00 68 $ 10,200.00
Bicycle Helmets $10.00 300 $3,000.00
Bicycle Safety Equipment $2,000.00 1 $2,000.00
TOTAL $ 45,200.00

Amendment No. 3 to Agreement/Safe Moves, Inc./Third Revised Exhibit B2-Fees by Task and Year Page 2 Rev. 10/25/2019

4. The City will pay Consultant for Year 1 based on the fee breakdown below:

TASK
# DESCRIPTION BUDGETED HOURS TOTAL
1 PROJECT INITIATION

1.1 Project Kick-Off Meeting - Meeting Agenda, Minutes, Action Items $3,002.60

- Pat Hines, Program Manager (Safe Moves) 20
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 10

1.2 Staff Coordination with Consultant - Biweekly Meetings $12,472.60

- Pat Hines, Program Manager (Safe Moves) 80
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 50

1.3 Project Invoicing - Monthly Progress Reports with
Invoicing $6,121.60

- Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 50
TOTAL FOR TASK 1 240 $21,596.80
2 OUTREACH

2.1 Website, Voicemail, and Email $13,284.00

Produce and monitor website $8,894.80
- Pat Hines, Program Manager (Safe Moves) 30

- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 40
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 70
Establish and monitor phone lines/voicemails/emails $4,389.20 - Pat Hines, Program Manager (Safe Moves) 20
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 40

2.2 Event Advertisement $17,211.00

Advertising/promotional materials $9,240.60
- Pat Hines, Program Manager (Safe Moves) 40

- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 40
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 50
85 event/workshops announcements posted & 508
posters printed/displayed $7,970.40

Amendment No. 3 to Agreement/Safe Moves, Inc./Third Revised Exhibit B2-Fees by Task and Year Page 3 Rev. 10/25/2019
TASK
# DESCRIPTION BUDGETED HOURS TOTAL
- Pat Hines, Program Manager (Safe Moves) 30

- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 40
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 50
TOTAL FOR TASK 2 450 $30,495.00
3 EDUCATION

3.1 Safe Routes to School Maps $37,627.15

Walk Audits (3 Schools) $15,005.05
- Pat Hines, Program Manager (Safe Moves) 25

- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 15
- Quinn Danz, Instructor (Safe Moves) 25
- Will Mellon, Instructor (Safe Moves) 25
- Marni Spencer-Devlin, Instructor (Safe
Moves) 25
- &DUORV9HODVTXH]3URJUDP0DQDJHU
.2$
25 - Alberto Salgado, Associate Planner (KOA) 40
- Sarai Osorio, Associate Planner (KOA) 40
Infrastructure Deficiency Inventory List, Map & Costs $9,993.70 - Pat Hines, Program Manager (Safe Moves) 30
- &DUORV9HODVTXH]3URJUDP0DQDJHU
.2$
15 - Alberto Salgado, Associate Planner (KOA) 35
- Sarai Osorio, Associate Planner (KOA) 35
Review/Revise School Maps (14 schools) $12,628.40
- Pat Hines, Program Manager (Safe Moves) 30

- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 25
- Quinn Danz, Instructor (Safe Moves) 10
- Will Mellon, Instructor (Safe Moves) 15
- Marni Spencer-Devlin, Instructor (Safe
Moves) 15
- &DUORV9HODVTXH]3URJUDP0DQDJHU
.2$
15 - Alberto Salgado, Associate Planner (KOA) 35
- Sarai Osorio, Associate Planner (KOA) 35

3.2 Bicycle and Pedestrian Student Skills Training Rodeos $16,982.60

Bike, Scooter & Pedestrian Skill Trainings & Summary $16,982.60 - Pat Hines, Program Manager (Safe Moves) 50
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 30
- Quinn Danz, Instructor (Safe Moves) 125

Amendment No. 3 to Agreement/Safe Moves, Inc./Third Revised Exhibit B2-Fees by Task and Year Page 4 Rev. 10/25/2019
TASK
# DESCRIPTION BUDGETED HOURS TOTAL
- Will Mellon, Instructor (Safe Moves) 125
Rodeo Toolkit (See pricing under Printing Year 1 Category and SRTS Toolkit under Task 3.3)

3.3 Parent/Teacher/Coordinator Training Workshops $30,837.40

Workshops $11,375.30
- Pat Hines, Program Manager (Safe Moves) 75
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 40
SRTS Toolkit (1) $12,070.30
- Pat Hines, Program Manager (Safe Moves) 55

- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 30
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 80
Workshop Content $7,391.80
- Pat Hines, Program Manager (Safe Moves) 40

- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 25
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 25
TOTAL FOR TASK 3 1215 $85,447.15
4 ENCOURAGEMENT

4.1 Kick-off Event (1) $7,058.10

- Pat Hines, Program Manager (Safe Moves) 25

- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 25
- Quinn Danz, Instructor (Safe Moves) 10
- Will Mellon, Instructor (Safe Moves) 10
- Marni Spencer-Devlin, Instructor (Safe
Moves) 10
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 35

4.2 Pop-Up Events (5) $13,053.50

- Pat Hines, Program Manager (Safe Moves) 50

- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 25
- Quinn Danz, Instructor (Safe Moves) 50
- Will Mellon, Instructor (Safe Moves) 50
- Marni Spencer-Devlin, Instructor (Safe
Moves) 50

Amendment No. 3 to Agreement/Safe Moves, Inc./Third Revised Exhibit B2-Fees by Task and Year Page 5 Rev. 10/25/2019
TASK
# DESCRIPTION BUDGETED HOURS TOTAL

4.3 Encouragement Events $35,037.90

Walking, scooter riding and bicycle riding
encouragement events (51) $28,072.20
- Pat Hines, Program Manager (Safe Moves) 90

- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 60
- Quinn Danz, Instructor (Safe Moves) 100
- Will Mellon, Instructor (Safe Moves) 100
- Marni Spencer-Devlin, Instructor (Safe
Moves) 100
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 60
OTS funded helmets and safety equipment $6,965.70
- Pat Hines, Program Manager (Safe Moves) 25

- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 50
- Quinn Danz, Instructor (Safe Moves) 20
- Will Mellon, Instructor (Safe Moves) 20
TOTAL FOR TASK 4 965 $55,149.50
5 PROGRAM EVALUATION

5.1 Surveys $24,745.90

Pre and Post Parent Surveys and Student Tallies $9,033.70 - Pat Hines, Program Manager (Safe Moves) 30

- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 40
- Quinn Danz, Instructor (Safe Moves) 20
- Will Mellon, Instructor (Safe Moves) 20
- Marni Spencer-Devlin, Instructor (Safe
Moves) 20
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 25
OTS Pre and Post Helmet Surveys (17 Schools) $15,712.20 - Pat Hines, Program Manager (Safe Moves) 40

- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 40
- Quinn Danz, Instructor (Safe Moves) 50
- Will Mellon, Instructor (Safe Moves) 50
- Marni Spencer-Devlin, Instructor (Safe
Moves) 100
- Eve Mazzara, Graphic and Social Media 30

Amendment No. 3 to Agreement/Safe Moves, Inc./Third Revised Exhibit B2-Fees by Task and Year Page 6 Rev. 10/25/2019
TASK
# DESCRIPTION BUDGETED HOURS TOTAL
Coordinator (Safe Moves)

5.2 (1) Annual Report (17 Schools) $5,486.50

- Pat Hines, Program Manager (Safe Moves) 25

- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 20
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 30
TOTAL FOR TASK 5 540 $30,232.40
TOTAL FOR ALL TASKS $222,920.85
Printing
Rodeo Flyer & Permission Form for 17 Rodeos $ 1,500.00
SRTS Toolkit (Guide) $ 2,500.00
508 Posters $ 1,200.00
Safety Tips for Students & Parents $ 2,500.00
51 Encouragement Event Flyers $ 2,300.00
TOTAL FOR PRINTING $ 10,000.00
EQUIPMENT (PURCHASED FIRST YEAR FOR ALL 3 YEARS)
714 OTS Funded Helmets @ $7.00 per helmet (includes tax & handling) $ 5,000.00
2,500 Pedometers @ $1.00 per pedometer (includes tax & handling) $ 2,500.00 300 Front/Rear Bike Lights @ $8.30 per light (includes tax & handling) $ 2,490.00 TOTAL FOR EQUIPMENT $ 9,990.00
YEAR 1 TOTAL $242,910.85

5. The City will pay Consultant for Year 2 based on the fee breakdown below:

TASK
# DESCRIPTION BUDGETED HOURS TOTAL
1 PROJECT INITIATION

1.1 Project Kick-Off Meeting - Meeting Agenda, Minutes, Action Items $3,002.60

- Pat Hines, Program Manager (Safe Moves) 20
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 10

1.2 Staff Coordination with Consultant - Biweekly Meetings $12,472.60

- Pat Hines, Program Manager (Safe Moves) 80
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 50

1.3 Project Invoicing - Monthly Progress Reports with Invoicing $6,121.60

Amendment No. 3 to Agreement/Safe Moves, Inc./Third Revised Exhibit B2-Fees by Task and Year Page 7 Rev. 10/25/2019
TASK
# DESCRIPTION BUDGETED HOURS TOTAL

- Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 50
TOTAL FOR TASK 1 240 $21,596.80
2 OUTREACH

2.1 Website, Voicemail, and Email $11,897.40

Produce and monitor website $7,508.20
- Pat Hines, Program Manager (Safe Moves) 30

- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 40
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 40
Establish and monitor phone lines/voicemails/emails $4,389.20 - Pat Hines, Program Manager (Safe Moves) 20
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 40

2.2 Event Advertisement $15,362.20

Advertising/promotional materials $8,316.20
- Pat Hines, Program Manager (Safe Moves) 40

- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 40
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 30
85 event/workshops announcements posted & 508
posters printed/displayed $7,046.00
- Pat Hines, Program Manager (Safe Moves) 30

- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 40
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 30
TOTAL FOR TASK 2 380 $27,259.60
3 EDUCATION

3.1 Safe Routes to School Maps $14,494.50

Walk Audits (3 Schools) $5,717.80
- Pat Hines, Program Manager (Safe Moves) 25

Amendment No. 3 to Agreement/Safe Moves, Inc./Third Revised Exhibit B2-Fees by Task and Year Page 8 Rev. 10/25/2019
TASK
# DESCRIPTION BUDGETED HOURS TOTAL
- Pat Hines, Program Manager (Safe Moves) 30
Review/Revise School Maps (14 schools) $4,966.10
- Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 25

3.2 Bicycle and Pedestrian Student Skills Training Rodeos $16,982.60

Bike, Scooter & Pedestrian Skill Trainings & Summary $16,982.60 - Pat Hines, Program Manager (Safe Moves) 50

- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 30
- Quinn Danz, Instructor (Safe Moves) 125
- Will Mellon, Instructor (Safe Moves) 125
Rodeo Toolkit (Developed in Year 1) N/A

3.3 Parent/Teacher/Coordinator Training Workshops $18,767.10

Workshops $11,375.30
- Pat Hines, Program Manager (Safe Moves) 75
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 40
SRTS Toolkit (1) (Developed in Year 1) N/A
Workshop Content $7,391.80
- Pat Hines, Program Manager (Safe Moves) 40

- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 25
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 25
TOTAL FOR TASK 3 710 $50,244.20
4 ENCOURAGEMENT

4.1 Kick-off Event (1) NONE N/A

4.2 Pop-Up Events (5) $13,053.50

- Pat Hines, Program Manager (Safe Moves) 50

- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 25
- Quinn Danz, Instructor (Safe Moves) 50
- Will Mellon, Instructor (Safe Moves) 50
- Marni Spencer-Devlin, Instructor (Safe
Moves) 50

4.3 Encouragement Events $27,147.80
Walking, scooter riding and bicycle riding encouragement events (51) $27,147.80

Amendment No. 3 to Agreement/Safe Moves, Inc./Third Revised Exhibit B2-Fees by Task and Year Page 9 Rev. 10/25/2019
TASK
# DESCRIPTION BUDGETED HOURS TOTAL
- Pat Hines, Program Manager (Safe Moves) 90

- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 60
- Quinn Danz, Instructor (Safe Moves) 100
- Will Mellon, Instructor (Safe Moves) 100
- Marni Spencer-Devlin, Instructor (Safe
Moves) 100
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 40
OTS funded helmets and safety equipment (Purchased in
year 1) N/A
TOTAL FOR TASK 4 715 $40,201.30
5 PROGRAM EVALUATION

5.1 Surveys $9,033.70

Pre and Post Parent Surveys and Student Tallies $9,033.70 - Pat Hines, Program Manager (Safe Moves) 30

5.2 (1) Annual Report (17 Schools) $5,486.50

- Pat Hines, Program Manager (Safe Moves) 25

- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 20
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 30
TOTAL FOR TASK 5 230 $14,520.20
TOTAL FOR ALL TASKS $153,822.10
Printing
Rodeo Flyer & Permission Form for 17 Rodeos $ 1,500.00
508 Posters $ 1,200.00
Safety Tips for Students & Parents $ 2,500.00
51 Encouragement Event Flyers $ 2,300.00
TOTAL FOR PRINTING $ 7,500.00

Amendment No. 3 to Agreement/Safe Moves, Inc./Third Revised Exhibit B2-Fees by Task and Year Page 10 Rev. 10/25/2019
TASK
# DESCRIPTION BUDGETED HOURS TOTAL
YEAR 2 TOTAL $161,322.10

6. The City will pay Consultant for Year 3 based on the fee breakdown below:

TASK # DESCRIPTION BUDGETED
HOURS Total
1 PROJECT INITIATION

1.1 Project Kick-Off Meeting - Meeting Agenda, Minutes, Action Items $3,002.60

- Pat Hines, Program Manager (Safe Moves) 20
- Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 10

1.2 Staff Coordination with Consultant - Biweekly Meetings $12,472.60

- Pat Hines, Program Manager (Safe Moves) 80
- Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 50

1.3 Project Invoicing - Monthly Progress Reports with Invoicing $6,121.60

- Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 50
TOTAL FOR TASK 1 240 $21,596.80
2 OUTREACH

2.1 Website, Voicemail, and Email $11,897.40

Produce and monitor website $7,508.20
- Pat Hines, Program Manager (Safe Moves) 30

- Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 40
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 40
Establish and monitor phone lines/voicemails/emails $4,389.20 - Pat Hines, Program Manager (Safe Moves) 20
- Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 40

2.2 Event Advertisement $15,362.20

Advertising/promotional materials $8,316.20
- Pat Hines, Program Manager (Safe Moves) 40

- Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 40
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 30

Amendment No. 3 to Agreement/Safe Moves, Inc./Third Revised Exhibit B2-Fees by Task and Year Page 11 Rev. 10/25/2019
TASK # DESCRIPTION BUDGETED
HOURS Total
85 event/workshops announcements posted & 508 posters
printed/displayed $7,046.00
- Pat Hines, Program Manager (Safe Moves) 30

- Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 40
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 30
TOTAL FOR TASK 2 380 $27,259.60
3 EDUCATION

3.1 Safe Routes to School Maps $14,494.50

Walk Audits (3 Schools) $5,717.80
- Pat Hines, Program Manager (Safe Moves) 25

- Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 15
- Quinn Danz, Instructor (Safe Moves) 25
- Will Mellon, Instructor (Safe Moves) 25
lnfrastructure Deficiency Inventory List, Map & Costs $3,810.60 - Pat Hines, Program Manager (Safe Moves) 30
Review/Revise School Maps (14 schools) $4,966.10
- Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 25

3.2 Bicycle and Pedestrian Student Skills Training Rodeos $16,982.60

Bike, Scooter & Pedestrian Skill Trainings & Summary $16,982.60 - Pat Hines, Program Manager (Safe Moves) 50

- Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 30
- Quinn Danz, Instructor (Safe Moves) 125
- Will Mellon, Instructor (Safe Moves) 125
Rodeo Toolkit (Developed in Year 1) N/A

3.3 Parent/Teacher/Coordinator Training Workshops $18,767.10

Workshops $11,375.30
- Pat Hines, Program Manager (Safe Moves) 75
- Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 40
SRTS Toolkit (1) (Developed in Year 1) N/A
Workshop Content $7,391.80
- Pat Hines, Program Manager (Safe Moves) 40
- Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 25

Amendment No. 3 to Agreement/Safe Moves, Inc./Third Revised Exhibit B2-Fees by Task and Year Page 12 Rev. 10/25/2019
TASK # DESCRIPTION BUDGETED
HOURS Total
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 25
TOTAL FOR TASK 3 710 $50,244.20
4 ENCOURAGEMENT

4.1 Kick-off Event (1) NONE N/A

4.2 Pop-Up Events (5) $13,053.50

- Pat Hines, Program Manager (Safe Moves) 50

- Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 25
- Quinn Danz, Instructor (Safe Moves) 50
- Will Mellon, Instructor (Safe Moves) 50
- Marni Spencer-Devlin, Instructor (Safe Moves) 50

4.3 Encouragement Events $27,147.80

Walking, scooter riding and bicycle riding encouragement events (51) $27,147.80
- Pat Hines, Program Manager (Safe Moves) 90

- Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 60
- Quinn Danz, Instructor (Safe Moves) 100
- Will Mellon, Instructor (Safe Moves) 100
- Marni Spencer-Devlin, Instructor (Safe Moves) 100
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 40
OTS funded helmets and safety equipment (Purchased in year 1) N/A
TOTAL FOR TASK 4 715 $40,201.30
5 PRORGRAM EVALUATION

5.1 Surveys $9,033.70

Pre and Post Parent Surveys and Student Tallies $9,033.70 - Pat Hines, Program Manager (Safe Moves) 30

- Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 40
- Quinn Danz, Instructor (Safe Moves) 20
- Will Mellon, Instructor (Safe Moves) 20
- Marni Spencer-Devlin, Instructor (Safe Moves) 20
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 25
OTS Pre and Post Helmet Surveys (17 Schools) N/A

5.2 (1) Annual Report (17 Schools) & Program Evaluation Report (17 Schools) $8,316.20

Amendment No. 3 to Agreement/Safe Moves, Inc./Third Revised Exhibit B2-Fees by Task and Year Page 13 Rev. 10/25/2019
TASK # DESCRIPTION BUDGETED
HOURS Total

- Pat Hines, Program Manager (Safe Moves) 40

- Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 30
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 40
TOTAL FOR TASK 5 265 $17,349.90
TOTAL FOR ALL TASKS $156,651.80
Printing
Rodeo Flyer & Permission Form for 17 Rodeos $ 1,500.00
508 Posters $ 1,200.00
Safety Tips for Students & Parents $ 2,500.00
51 Encouragement Event Flyers $ 2,300.00
TOTAL FOR PRINTING $ 7,500.00
YEAR 3 TOTAL $164,151.80

Amendment No. 4 to Agreement/Safe Moves, Inc. Page 1
Rev. 10/25/2019
Ebix Insurance No. S200003681
AMENDMENT NO. 4

TO THE AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
SAFE MOVES, INC.

PREAMBLE
This agreement (“Amendment No. 4”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Safe Moves, Inc., a California corporation, (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
A. The Parties previously entered into an agreement entitled “*Agreement for Services between the City of Santa Clara, California, and Safe Moves, Inc.”, dated November 11, 2022 (Agreement);
B. The Agreement was previously amended by Amendment No. 1, dated October 17, 2023, Amendment No. 2, dated October 2, 2024, Amendment No. 3, dated June 25, 2025, and is again amended by this Amendment No. 4. The Agreement and all previous amendments are collectively referred to herein as the “Agreement as Amended”; and
C. The Parties entered into the Agreement as Amended for the purpose of having Contractor provide professional services to organize, facilitate, and promote events and activities relating to the City’s Safe Routes to School program and facilities in the program, and the Parties now wish to amend the Agreement as Amended to increase compensation by $105,000 for a revised not-to-exceed maximum compensation of $819,250, and to revise the end date of Option 1 to July 31, 2027, subject to budget appropriations.

NOW, THEREFORE, the Parties agree as follows:

AMENDMENT TERMS AND CONDITIONS

1. Section 2 of the Agreement as Amended, entitled “TERM OF AGREEMENT” is amended to read as follows:

A. Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the Initial Term of the Agreement shall begin on November 16, 2022 and terminate on November 30, 2025.

Amendment No. 4 to Agreement/Safe Moves, Inc. Page 2
Rev. 10/25/2019
B. After the Initial Term, the City reserves the right, at its sole discretion, to extend the term of this Agreement for up to one (1) additional 20 month term through July 31, 2027 (“Option Period”), subject to the appropriation of funds. See Exhibit D for Notice of Exercise of Option to Extend Agreement Form.

2. Section 6 of the Agreement as Amended, entitled “COMPENSATION AND PAYMENT” is amended to read as follows:
“In consideration for Consultant’s complete performance of Services, City shall pay Consultant for all materials provided and Services rendered by Consultant in accordance with Third Revised Exhibit B1, entitled “SCHEDULE OF FEES.” The maximum compensation of this Agreement is Eight Hundred Nineteen Thousand Two Hundred Fifty Dollars ($819,250), subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Consultant’s expense. Consultant shall not be entitled to any payment above the maximum compensation under any circumstance.”

3. Second Revised Exhibit B1 of the Agreement, entitled “SCHEDULE OF FEES” is hereby amended to read as shown in Third Revised Exhibit B1, attached herein.

4. Third Revised Exhibit B2 of the Agreement, entitled “FEES BY TASK AND YEAR” is here by amended to read as shown in Fourth Revised Exhibit B2, attached herein.

5. Except as set forth herein, all other terms and conditions of the Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Agreement as Amended and this Amendment No. 4, the provisions of this Amendment No. 4 shall control.

SIGNATURES ON NEXT PAGE
Amendment No. 4 to Agreement/Safe Moves, Inc. Page 3
Rev. 10/25/2019
The Parties acknowledge and accept the terms and conditions of this Amendment No. 4 as evidenced by the following signatures of their duly authorized representatives.

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated:

GLEN R. GOOGINS
City Attorney
JŌVAN D. GROGAN
City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”
SAFE MOVES, INC.
a California corporation
Dated:

By (Signature):

Name: Pat Hines
Title: Founder/Executive Director
Principal Place of
Business Address:
15500 Erwin Street, #2457
Van Nuys, CA 91411
Email Address: [email protected]
Telephone: (408) 374-8991
Fax: N/A
“CONTRACTOR”
Amendment No. 4 to Agreement/Safe Moves, Inc./Third Revised Exhibit B1 – Schedule of Fees Page 1 Rev. 10/25/2019
THIRD REVISED EXHIBIT B1

SCHEDULE OF FEES

1. MAXIMUM COMPENSATION

1.1. The maximum amount payable for all services provided under this Agreement shall not exceed Eight Hundred Nineteen Thousand Two Hundred Fifty Dollars ($819,250), during the term of the Agreement. No additional services will be performed unless both Parties execute an amendment outlining the services requested and the compensation agreed for such services.

1.2. All payments are based upon City’s acceptance of Consultant’s performance of services specified in Exhibit A, Scope of Services. City shall have no obligation to pay unless Consultant has successfully completed the work for which payment is due.

1.3. The compensation amount is specified below:

Table B1: Total Compensation
Description Total
Total for All Tasks for Three Program Years & Option 1 $568,384.75 Contingency (Shall be used only for additional scope.) $31,615.25

ORIGINAL TOTAL MAXIMUM COMPENSATION
NOT-TO-EXCEED $600,000.00
Amendment No. 1 $45,200.00

REVISED TOTAL MAXIMUM COMPENSATION
NOT-TO-EXCEED $645,200.00
Amendment No. 2 $69,050.00

SECOND REVISED TOTAL MAXIMUM COMPENSATION
NOT-TO-EXCEED $714,250.00
Amendment No. 4 $105,000.00

THIRD REVISED TOTAL MAXIMUM COMPENSATION
NOT-TO-EXCEED $819,250.00
Amendment No. 4 to Agreement/Safe Moves, Inc./Third Revised Exhibit B1 – Schedule of Fees Page 2 Rev. 10/25/2019

2. FEES

2.1. The hourly rates for Consultant’s Personnel are listed below in Table B2:

Table B2: Hourly Rates
Title Personnel Hourly Rate
Program Manager (Safe
Moves) Pat Hines $127.02
Program Coordinator
(Safe Moves) Pamela Nye Pedersen $46.22
Instructor
(Safe Moves) Quinn Danz $36.98
Instructor
(Safe Moves) Will Mellon $36.98
Instructor
(Safe Moves) Marni Spencer-Delvin $36.98
Graphic and Social Media
Coordinator
(Safe Moves)
Eve Mazzara $46.22
Program Manager (KOA) Carlos Velasquez $164.99
Associate Planner
(KOA) Alberto Salgado $54.19
Associate Planner
(KOA) Sarai Osorio $51.76

2.2. The City will pay the Consultant for each task based on the task breakdown specified in Fourth Revised Exhibit B2.

3. PRICING

3.1. All hourly rates are fixed for the Initial Three-Year Term of the Agreement.

3.2. Consultant may request price adjustments after the initial three year term. Any price increases must be supported by a relevant industry specific index.

Requests for increase must be fully documented by Consultant. Price adjustments are subject to City’s approval.

4. INVOICING REQUIREMENTS

Amendment No. 4 to Agreement/Safe Moves, Inc./Third Revised Exhibit B1 – Schedule of Fees Page 3 Rev. 10/25/2019

4.2. City shall pay Consultant within thirty (30) days of City’s receipt of an approved invoice.

4.3. Invoices shall include, at a minimum, the following:

1.3.1. Identify the task services were provided for;

1.3.2. Description of work performed;

1.3.3. Deliverables completed;

1.3.4. Amount for services provided by task;

1.3.5. The not-to-exceed amount for the task, invoiced amount to date, amount for the current invoice, and remaining not-to-exceed amount for the task.

Amendment No. 2 to Agreement/Safe Moves, Inc./Fourth Revised Exhibit B2 – Schedule of Fees Page 1 Rev. 10/25/2019
FOURTH REVISED EXHIBIT B2

FEES BY TASK AND YEAR

1. AMENDMENT NO. 4

1.1. The following additional tasks are being funded by the 2025 California Office of Traffic Safety Grant and will be completed in Year 4. These tasks must be completed by September 30, 2026, and at the following cost:

Activity Unit Cost/Rate Units Total Cost
Traffic Safety Student Assemblies $200.00 125 $25,000.00 Bike Rodeos $1,500.00 50 $75,000.00
Bicycle Helmets $10.00 500 $5,000.00
TOTAL $ 105,000.00

2. AMENDMENT NO. 3

2.1. The table below replaces the table in Section 3 of this Exhibit for tasks that will be funded by the 2024 California Office of Traffic Safety Grant and will be completed in Year 3.

3. AMENDMENT NO. 2

3.1. The following tasks are being funded by the 2024 California Office of Traffic Safety Grant and will be completed in Year 3. These tasks must be completed prior to September 30, 2025 and at the following cost.

Activity Unit Cost/Rate Units Total Cost
Traffic Safety Student Assemblies $200.00 75 $15,000.00 Bike Rodeos $1,500.00 25 $37,500.00
Bicycle Rodeo Activity Supplies $11,550.00 1 $11,550.00 Pedestrian/Bicycle Safety Items $2,000.00 1 $ 2,000.00
Bicycle Helmets $10.00 300 $3,000.00
TOTAL $ 69,050.00
Amendment No. 2 to Agreement/Safe Moves, Inc./Fourth Revised Exhibit B2 – Schedule of Fees Page 2 Rev. 10/25/2019

4. AMENDMENT NO. 1

5. The City will pay Consultant the following for each task for the Initial Term and Option 1 (these amounts are funded by City funds not OTS funds):

Task Description Initial Term Years 1- 3 & Option 1
(11/16/22 - 07/31/27)
Task 1: Project Initiation
- Project Kick-Off Meeting
- Biweekly Meetings
- Progress Reports and Invoicing
$64,790.40
Task 2: Outreach
- Website, Voicemail, and Email
- Event Advertisement
$85,014.20
Task 3: Education
- Safe Routes to School Maps
- Bicycle and Pedestrian Student Skills Training
Rodeos
- Parent/Teacher/Coordinator Training Workshops
$185,935.55
Task 4: Encouragement
- Kick-off Event
- Pop-up Events
- Encouragement Events
$135,552.10
Task 5: Program Evaluation
- Surveys
- Annual Report
$62,102.50
Amendment No. 2 to Agreement/Safe Moves, Inc./Fourth Revised Exhibit B2 – Schedule of Fees Page 3 Rev. 10/25/2019
Task Description Initial Term Years 1- 3 & Option 1
(11/16/22 - 07/31/27)
Printing
- Rodeo Flyer & Permission Form for Rodeos
- SRTS Toolkit Guide
- Posters
- Safety Tips for Students & Parents
- Encouragement Event Flyers
$25,000.00
Equipment - Year One Only
- Helmets
- Pedometers
- Front/Rear Bike Lights
$9,990.00
TOTAL FOR ALL TASKS (CITY FUNDS) $568,384.75
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-913 Agenda Date: 9/23/2025

REPORT TO COUNCIL

SUBJECT
Action on the First Addendum to the Addendum to the Agreement Between the Santa Clara Unified School District and the City of Santa Clara Pertaining to the Operation, Maintenance and Improvement for Public Recreational Purposes of Buildings and Open Space Areas at School Sites Owned by Santa Clara Unified School District - Youth Activity Center, Teen Center and Skate Park

COUNCIL PILLAR
Enhance Community Sports, Recreational and Arts Assets
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
On May 13, 1987, the City and the Santa Clara Unified School District (“District”) entered into a Lease Agreement (“Lease Agreement” - Attachment 1), allowing the City to use a portion of the Cabrillo Middle School site for $1 per year. The lease was established for an initial term of 35 years, ending in 2022, with options to extend for multiple five-year terms by mutual agreement under the same terms and conditions, for a maximum total term of 99 years. Under the agreement, the City is authorized to construct, operate, and maintain a community youth activity center of approximately 20,000 square feet (the “Youth Activity Center” or “YAC”), with the improvements becoming the property of the District at the end of the original term or any extensions. The lease term for the YAC expired on May 13, 2022.

On April 25, 2023, the Addendum to the Lease Agreement (“Addendum” - Attachment 2) between the District and the City was ratified. This Addendum addressed the interim terms of use, maintenance, and improvement of various buildings and open space areas at school sites owned by the District for public recreational purposes, until a new Master Agreement could be executed. This addendum (1) covered the YAC, Teen Center, and Skate Park, (2) assigned responsibility for coordinating and scheduling rentals to the District, and (3) stated that the City will reimburse the District for actual custodial costs only for the time when the YAC is used by the City or City’s renters. In FY 2023/24, the City paid $22,237 in custodial charges and $19,974 in FY 2024/25.

DISCUSSION
The City and the School District have a history of sharing and investing in community recreational facilities, and continued this partnership by entering into an Addendum after the Lease Agreement expired on May 13, 2022, as it pertained to the YAC. The Parks and Recreation Department is currently collaborating with the Santa Clara Unified School District to develop a Joint Use Master Agreement that will set forth terms of use and access for buildings and open space areas at school sites. In the interim, a first Addendum to the original Addendum is needed. The First Addendum to the Addendum (Attachment 3) proposes the following modifications or additions:

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· Rentals and Scheduling - As of August 1, 2025, the District is responsible for administering all third-party facility rentals and corresponding rental income for use of the YAC facility. The City may coordinate with the District for use of the YAC and will pay the hourly rental rate for the Group 1.5 category, along with all associated custodial costs, as outlined in the SCUSD Use of Facilities Fee Schedule (Attachment 4). The City would no longer have access to the offices located within the YAC.
· Fire Alarm and Monitoring System - The District installed a new fire alarm and monitoring system in the YAC and Teen Center, which is connected to the Cabrillo Middle School fire alarm system. The District will monitor, maintain, and coordinate all required inspections for the fire alarm, sprinkler system, all fire extinguishers, and any other fire department required equipment, and is responsible for all costs associated with such.

The City will provide keys and a security alarm code to the Teen Center for District access to fire panels and equipment at any time. The low-voltage room (IT room) in the Teen Center will not be accessible by District staff.
· Exterior Maintenance - The District will perform maintenance, add waterproofing, and paint the exterior of the YAC during the summer of 2025. This project includes the eastern facade of the YAC that faces San Tomas. The City name and building dedication will be painted over and not replaced during this process. The dedication plaque will be installed in the lobby until the District follows its naming policy procedures.

The First Addendum to the Addendum clarifies the utilization, maintenance, and enhancement parameters of the Addendum while ensuring continued joint use of recreational facilities to better serve the Santa Clara community.

FISCAL IMPACT
The First Addendum to the Addendum to the Agreement adds a provision requiring the City to pay for the use of the YAC effective August 1, 2025. According to the current SCUSD Use of Facilities Fee Schedule (Attachment 4), the hourly rate for the Group 1.5 category is $10 per hour. In addition, a fee of $66 per hour for custodial services applies for certain uses (weekend, kitchen, school breaks, and set up of chairs and tables).

Prior to the proposed implementation of this fee, the City utilized the YAC for a total of 693 hours in FY 2024/25. Based on this level of usage, staff anticipates an annual cost of approximately $16,000 in rental fees for the YAC in FY 2025/26. To date, the City has reserved 162 hours for use of the YAC from August through December in FY 2025/26. This amounts to $3,610, inclusive of custodial charges and the booking fee.

The estimated annual cost is comparable to prior years, and there is sufficient funding in the Parks City of Santa Clara Page 2 of 3 Printed on 9/19/2025
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25-913 Agenda Date: 9/23/2025
and Recreation Operating Budget to cover the projected facility costs throughout the fiscal year. Staff will return to Council with any proposed budget amendments if increases in the City’s facility usage or associated costs cannot be covered within the existing Parks and Recreation Operating Budget.

COORDINATION
This report has been coordinated with the Finance Department, City Attorney’s Office and 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] or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION
Authorize the City Manager to execute a First Addendum to the Addendum to the Agreement Between the Santa Clara Unified School District (SCUSD) and the City of Santa Clara Pertaining to the Operation, Maintenance and Improvement for Public Recreational Purposes of Buildings and Open Space Areas located at Cabrillo Middle School on the terms presented and to make minor amendments as needed, in finals forms approved by the City Attorney.

Reviewed by: Damon Sparacino, Director, Parks & Recreation Department Approved by: Jovan Grogan, City Manager

ATTACHMENTS

1. Lease Agreement

2. Lease Agreement Addendum

3. First Addendum to the Addendum_DRAFT

4. SCUSD Use of Facilities Fee Schedule
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..... GENOA REPORT
DATE:

TO:

FROM:

CITY OF SANT A CLARA
February 2,· 1987
Thomas A. Goulding, Acting City Manager

FOR CITY COUNCIL ACTION
Director·of Parks and Recreation
SUBJECT: Youth Activities Center Lease Agreement Amendment - Santa Clara Unified School District
The City Council recently approved a lease agreement to utilize property on the closed Cabrillo Intermediate School site. The School District's legal staff has suggested that the term of the lease be changed to thirty-five (35) years rather than fifty-five (55) years (paragraph 2). The lease may be extended for successive five (5) year periods upon the same terms not to exceed ninety-nine (99) years.

A further recommendation changes "certificate of co-insurance" to "certificate of insurance." The City Attorney's office has no objection to these amendments.

RECOMMENDATION
I recommend these amendments be approved by the City Council. ~ . ~~:"0-/~ /27 ~~?"7nk£-~ 4,-(.- ✓ Earl R. Carmichael, Director Parks and Recreation Department
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LEASE
This is a lease between SANTA CLARA UNIFIED SCHOOL DISTRICT of the County of Santa Clara, State of California, hereinafter referred to as "Lessor", and the CITY OF SANTA CLARA, a municipal corporation, hereinafter referred to as "Lessee".

It is agreed between the parties hereto as follows:

1. Lease
Lessor hereby leases to Lessee, and Lessee hereby rents from Lessor, the parcel of real property described in the attached Exhibit A .[Cabrillo Intermediate school property ("Property") J, together with reasonable ingress and egress to the area. Lease payment(s) shall be one dollar ($1.00) per year. In addition, Lessee will have the responsibilities provided for in paragraph 4 (entitled "Rental, Improvements") hereinbelow.

2. Term of Lease
This lease shall commence on the final date of the execution hereof by the parties, and shall run for a period of thirty-five (35) years therefrom. The parties may, by mutual consent, extend the same for successive five-year periods upon the same terms and conditions, provided that the total term, and any extension thereof, shall not exceed 99 years.

3. Ownership of Improvements
At the end of the original term, or any extension(s)
thereof, the improvements to the premises shall, at Lessor's option, become the property of Lessor.
1 ' _, ..... ,,,.. ' .• -

4. Rental. Improvements
As part of the rental during the term of this lease, and any extension thereof, Lessee agrees to do the following:
(a) Construct a Community Youth Activity Center of
approximately twenty thousand (20,000) square feet on the premises at Lessee's own cost and expense (estimated to be approximately two million dollars ($2,000,000.oo), the plans for such being subject to the prior approval of Lessor's Board of Trustees. Prior to any of Lessee's construction, plans for the facility must be approved by the Office of the State Architect (O.S.A.).
(b) Lessor shall have the right to utilize the facility without charge when it is not being used by Lessee. Lessor will have first priority after Lessee.
(c) Lessee agrees, at its own expense, to maintain the
center in good condition and repair, and to provide adequate servicing to keep the same in good, sanitary and usable condition.

5. Liability Insurance
It is contemplated that, except for the period during which Lessor is using the center or sponsoring an activity or activities at the center, Lessee will be ,responsible for providing liability coverage for the facility.

To accomplish this end, and to the extent that such is not ~-✓ in conflict with California Civil Code Section 2782, Lesfsee agrees to protect, defend (which shall include costs and 2 ---~
reasonable attorney's fees~ h~~_sPand indemnify Lessor
from any liability for personal injury or property damage caused by Lessee, itP officers, agents, or invitees. In that
connection, Les~- shall, upon request, provide evidence of selfinsurance and/or single limit public liability insurance in a combined amount of not less than Five Million Dollars
($5,000.000. 00) on an aggregate basis. If feasible, Lessor w i 11 be named as an additional insured.

To the extent that such is not in conflict with California Civil Code Section 2782, during the time period the center is being used by Lessor or Lessor is sponsor1 of an activity or activities at the center, Lessor agrees to protect, defend (which shall include costs and reasonable attorney's fees), hold harmless and indemnify Lessee from any liability for personal injury or property damage caused by Lessor, its officers, agents, or invitees. In that connection, Lessor shall, upon request, provide evidence of self-insurance and/or single limit public liability insurance in a combined amount of not less than Five Million Dollars ($5,000.000.00) on an aggregate basis. If feasible, Lessee will be named as an additional insured.

6. Utilities
Lessee shall provide and pay for all of its utilit~es.

7. Alterations to Premises
Lessee shall make no major alterations, changes or additions 1"sponsor" shall refer to occurrences during which person(s) paid by or acting as a volunteer on behalf of and/or with the permission of Lessor are present on Property.
3 .-·' ,...
to said premises without obtaining the pridt written consent of Lessor, which consent Lessor will not unreasonably withhold.

Ownership of any such alterations, changes or modifications shall at the termination of the lease inure to Lessor.

8. Inspection
Lessor shall have the right during normal working hours to inspect the premises and assure itself of the condition and preservation thereof.

9. Notices - Terminations
All notices, statements, demands, requests, consents or approvals by either party to the other sha,11 be in writing and shall be sufficiently given and served upon _the other party if sent by mail, postage prepaid and addressed as follows:

To Lessor: Santa Clara Unified School District
1889 Lawrence Road
Santa Clara, California 95052
or to such other place as Lessor may designate by written notice.

To Lessee: City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, California 95050
or to such other place as Lessee may designate by written notice.

10. Amendments
This lease may. be amended only with the mutual written consent of both parties.

11. No Third Party Beneficiary
This lease shall not be construed or deemed to be an
agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder 4 for any cause whatsoever.

12. Captions
The captions of the paragraphs of this lease are for
reference only and shall not be considered nor referred to in resolving questions of interpretation or construction.

IN WITNESS WHEREOF, the parties hereto have executed this lease on the date hereinbelow set forth.

Date: May 13, 1987 ---~--'-----------
APPROVED AS TO FORM:

AEL R. DOWNEY
stant City Attorney
ATTEST:

J:;?E. BOCCIGN
City-Clerk
5 CITY OF SANTA CLARA:
/#!tr c~~.d
EVERETT N. SOUZA ~~~ Mayor

SANTA CLARA UNIFIED

SCHOOL DISTRICT
i.

I
I
EXHIBIT 11A11
Cab::illo Intermadiate SchQPl ·Jefferso::i Unicm School Discrict Sant.a Clar& County, Cnlifo=nia
· C 9 (7)
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CITY CLERK FILE COPY

ADDENDUM TO THE AGREEMENT BETWEEN SANTA CLARA UNIFIED

SCHOOL DISTRICT AND THE CITY OF SANTA CLARA PERTAINING TO

THE USE, MAINTENANCE AND IMPROVEMENT FOR PUBLIC

RECREATIONAL PURPOSES OF VARIOUS BUILDINGS AND OPEN SPACE

AREAS AT SCHOOL SITES OWNED BY SANTA CLARA UNIFIED SCHOOL

DISTRICT - YOUTH ACTIVITY CENTER, TEEN CENTER AND SKATE PARK

RECITALS
WHEREAS, Section 10900 et seq. of the Education Code of the State of California authorize and empower City of Santa Clara (the "City") and Santa Clara Unified School District ( the "District") to cooperate with each other in organizing, promoting and conducting programs of community recreation.

WHEREAS, on May 13, 1987, the City and the District entered into a Lease Agreement for the City to use a portion of the Cabrillo Middle School site for $1 per year, for a period of 35 years (2022) and extended for five year terms by mutual consent for the same terms and conditions, but not exceeding 99 years (the "Lease Agreement"), and to construct, operate and maintain a community youth activity center of approximately 20,000 square feet in size, (the "Youth Activity Center" or "YAC"), with the improvements becoming the property of the District at the end of the original term or any extensions.

WHEREAS, the City and the District are working on a new agreement known as the Agreement Pertaining to the Use, Maintenance and Improvement for Public Recreational Purposes of Various Buildings and Open Space Areas Owned by Santa Clara Unified, School District or City of Santa Clara (the "Master Agreement").

WHEREAS, pending execution of the Master Agreement, the City and the District desire to enter into this Addendum in connection with the Lease Agreement, which Addendum will ultimately be subject to the Master Agreement.

WHEREAS, the Lease Agreement provided that when the Y AC, .Cabrillo Middle School's only gym, was constructed by the City on the Cabrillo campus, the Y AC would revert to the District if the Lease Agreement was not extended.

WHEREAS, under the Lease Agreement, the City requires the District to reserve time in the YAC and has City staff has offices in the YAC ("Current YAC Use").

WHEREAS, the District wants the Y AC to be available to the District and the District will take over the custodial and maintenance obligations for the building.

WHEREAS, the City and the District desire to establish a basis for cooperative use of the facility known collectively as the Y AC, Teen Center and Skate Park (the "Premises") adjacent to Cabrillo Middle School in the City of Santa Clara, a map of which is provided in Attachment A.

NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
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1. Definitions of Terms.

The following terms have in this Agreement the significance attached to them in this paragraph, unless otherwise apparent from the context:
"Board of Education" means the Governing Board of the Santa Clara Unified School District.
"Building" means the building that houses the Y AC and the Teen Center "Cabrillo" means Cabrillo Middle School.
"City Council" means the City Council of the City of Santa Clara. "City Premises" means the Teen Center and Skate Park and adjacent grounds. "City Manager" means the City Manager for the City of Santa Clara or designee. "Custodial" means the cleaning and everyday care of the Premises. "District Premises" means the Y AC and Cabrillo Middle School. "Division of State Architect" ("DSA") means the State entity that provides design and construction oversight for K-12 schools.
"Facilitron" means the current District online Facility scheduling application, as may be replaced from time to time.
"Maintenance" means the repair and care of the Premises, including but not limited to, preventative maintenance.
"Master Agreement" means the Agreement Pertaining to the Use, Maintenance and Improvement for Public Recreational Purposes of Various Buildings and Open Space Areas Owned By Santa Clara Unified School District or by City of Santa Clara which will be entered into between the City and the District. "Non-School Time" means days when school is not in regular session and after the after-school activities in the Gymnasium are over as set forth in the Facilitron reservation schedule or the bell indicating the last period is over on days when school is in regular session. Non-School Time includes the summer months even if classes are held at Cabrillo Middle School.
"School Time" means days when school is in regular session, students are on campus or when Cabrillo has after school events scheduled in the Y AC. "Premises" means the property comprising the District Premises/Y AC and the City Premises/Teen Center, Skate Park, and adjacent grounds as delineated in Attachment A attached hereto and incorporated by this reference. 2 163798vl / SANCLARUSD.45.5
"Skate Park" means the Skate Park and shed and adjacent grounds as delineated in Attachment A attached hereto and incorporated by this reference. "Summer" means the period commencing the Monday after last day of school and ending 2 full weeks before start of the next school year. "Superintendent" means the Superintendent for the Santa Clara Unified School District.
"Teen Center" means the Teen Center and adjacent grounds as delineated in Attachment A attached hereto and incorporated by this reference. "Y AC" or "Youth Activity Center" means the building previously operated by the City and used by the District as the Cabrillo Middle School gym delineated in Attachment A attached hereto and incorporated by this reference.

The words "shall" and "will" are mandatory and the word "may" is permissive.

2. General Principles
(a) Ownership/Operation of the YAC will transfer to the District upon the expiration of the Lease Agreement on May 13, 2022. City will continue to operate and maintain the Teen Center and the Skate Park. (b) The City and the District will enter into this Addendum pending the execution of the Master Agreement for use of the YAC after May 13, 2022. Once the Master Agreement is executed, this Addendum will be subject to the Master Agreement. Use of the YAC will be scheduled through the District online Facility scheduling application ("Facilitron"). ( c) The City will have exclusive use of the Teen Center and Skate Park for a period of five years from May 14, 2022 to May 13, 2027 and may have an extension and exclusive use of up to five years for a total extended use of up to ten years if both parties agree. Should the agreement not be extended, the City Premises will revert to the District upon the expiration of the first term on May 13, 2027. If the agreement is not extended per this provision, at the time of termination, City, at the District's discretion and guidance, shall remove any or all improvements installed at the Skate Park and, if necessary, return the utilized portion of Cabrillo Middle School for the Skate Park back to its original state.

3. Premises Use
(a) YAC
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(1) City staff who are currently located in the YAC portion of the facility will move their offices into the Teen Center portion of the building by May 13, 2022.
(2) District and City agree to the greatest extent possible, District to schedule use in Facilitron a minimum of 6 months in advance, followed by City scheduled use.
(3) During school hours, the District and Cabrillo Middle School ("Cabrillo") will have access to all facilities within the Y AC. This includes the gymnasium, the classrooms, restrooms, and offices/meeting rooms.
( 4) Cabrillo will have access to the gymnasium and restrooms for practices for up to three hours following each school day.

Cabrillo will have access to the gymnasium and restrooms for games on "game day" until 7:00 P.M, which includes time for the custodial maintenance of the space.
(5) City will have access to the gymnasium (scheduled
through Facilitron):

1. After the school day; and/or

2. Approximately 30 minutes after the completion of games but no later than 7:00 p.m.; and/or

3. On weekends; and/or

4. During the summer; and/or when school is not in session. ( 6) Cabrillo will be able to use the offices/meeting rooms in the Y AC during the school day. School staff will be instructed to keep non-essential property out of the room so it is ready for the City's use during non-school hours.
(7) City will have access to the Y AC offices/meetings rooms during non-school hours through reservation on Facilitron. (8) The San Tomas Room, may be used by Cabrillo as a music room. If this occurs, it will be unavailable by the City for its programmmg.
(9) Outdoor Spaces:

1. The Covered patio area behind Y AC will be available for City use during non-school hours, even when Cabrillo is using the YAC.

2. City's storage containers on the south side of the YAC - can stay in place and have city access including during school hours.
4 3. Patio behind the Teen Center is considered part of the Teen Center and not part of the facilities the school has access to during the school day.

4. Cabrillo Fields are not part of this addendum, and the District has full control over them.
(b) Teen Center
(1) Teen Center will house City staff during the course of business/operating hours. Staff who are currently located in the YAC portion of the facility will move offices into the Teen Center portion of the building by May 13, 2022.
(2) Teen Center may be used by City staff for programming and City operations during business hours, school hours, after hours, and weekend hours.
(3) The City will provide the custodial, maintenance and landscaping services in and around the Teen Center.
( c) Skate Park
(1) Skate Park may be used by City for programming and
operations during business hours, school hours, after hours, and weekend hours.
(2) The City will provide the custodial, maintenance and landscaping services in and around the Skate Park.
(d) General
(1) Certain events that occur throughout the year which will require special planning (for example, the City's Halloween event and Cabrillo dances). Both parties agree to work together to schedule these events.
(2) In order to provide clear communication and expectations regarding the availability of space, Y AC facility use will be reserved using the District's Facilitron platform. Practices and games will be scheduled as early and as efficiently as possible in order to maximize and optimize facility use, specifically of the gym.

4. Premises Maintenance
5 163798vl / SANCLARUSD.45.5
(a) YAC
( 1) District will be responsible for all custodial, routine maintenance and repair for Y AC. City will reimburse District for actual custodial costs only for the time when the Y AC is used by City or City's renters ("Cost Share") according to the established fee schedule on a quarterly basis.
(2) District will be responsible for locks, key control, and alarms. City will not receive keys. Cabrillo staff/custodians will open/close YAC for City and/or City users when events are booked on Facilitron.
(3) District will install a separate building (burglar) alarm system for the YAC.
( 4) City and District will establish a call out protocol for response to any activations of the shared fire alarm. District responsible for testing and maintenance of Fire alarm.
( 5) Y AC will be closed for approximately two full weeks prior to the start of the District school year for routine maintenance to the building.
( 6) District will install surveillance cameras as provided in Administrative Regulation 3515.
(b) Teen Center/Skate Park
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( 1) City will be responsible for all custodial services and routine maintenance and repairs.
(2) Non-routine repairs and emergency maintenance calls will be referred to the District. Dependent upon the severity and cost, responsibility and funding will be discussed and allocated prior to proceeding if possible.
(3) Thresholds for repairs will be based on DSA requirements.

Projects incorporating the alterations of Structure,
ADA/Accessibility, Fire, Life, Safety systems or the project is in excess of the public contract bid limit of $15,000 must be discussed with District prior to proceeding; threshold may be updated during the quarterly meetings.
( 4) District is responsible for coordinating all major projects that will go to DSA.
6 ( 5) A reserve fund for capital renewals and replacements per the facility condition assessment report(s) will be discussed at a later date as described in section 5(b).
(c) Grounds
(1) District is responsible for all turf and landscaping around the Y AC and in the back covered patio area behind the Y AC as depicted on Attachment A.
(2) City is responsible for the landscaping in front of and around the Teen Center and Skate Park including the landscaping along the Teen Center and Cabrillo Ave and around and in the Skate Park as depicted on Attachment A.
(3) City will have access to maintain the landscaping and make repairs through the fire service gate entrance next to the Y AC during non-school hours. City will have access during school hours through vehicle gates on Raggio Ave.
( 4) City Maintenance and Grounds personnel have permission to access the Teen Center and Skate Park from the Cabrillo campus in order to maintain the Teen Center and Skate Park during school and non-school hours.
( d) Custodial
(1) At the completion of activities by City or by District, the Y AC will be cleaned by the District with District approved cleaning supplies. (2) District will set up Y AC for City events with reservations in Facilitron prior to event starting.

5. Costs of Maintenance
(a) General:
163798vl / SANCLARUSD.45.5
( 1) Parties agree to revisit Cost Share of custodial,
maintenance, and upgrades on a semi-regular basis. A December I January meeting for true-up will occur at the end of the year.

Quarterly meetings described in section 7(a) will help to track the costs.
(2) Persons using the Premises shall be responsible for the Premises and shall reimburse the party responsible for maintenance for the cost of repairing any damage to the Premises. If City has authorized the use of the Premises and the user damages the 7 Premises and does not repair the same, then City shall be obligated to make repairs and may recover the costs so incurred from the user. Similarly, if District has authorized the use of the Premises and its user damages the Premises and does not repair the same, then District shall be obligated to make repairs and may recover costs so incurred from the user. Users shall execute agreements for use that shall provide that if monies owing are not paid when due, then said sums shall bear interest at maximum rate allowed by law until paid, and City and/or District shall be reimbursed for its costs of collecting said sums, including its attorney's fees and court costs. If the Premises is damaged by individuals or groups using it without authorization by City or District, the City and District shall meet and mutually agree as to the financial responsibility for repair of the Premises. Users that damage the Premises and do not make repairs or pay for repairs made by the City or the District will be denied further use of the Premises.
(b) Long Term Maintenance and Capital Improvements Account:
(1) District is completing a Facility Conditions Assessment and once maintenance and capital improvement projects are
determined, the Parties shall create long term maintenance and capital improvement accounts and project lists for such project.

Decisions to replace or repair will be driven by life cycle data. (2) Quarterly meetings described in section 7(a) will determine how account monies will be spent. Issues to be addressed will be Federal, State, Life, Safety; Priority Projects; and Preventative Maintenance
( c) Utilities:
163798vl / SANCLARUSD.45.5
(1) The YAC and Teen Center, Skate Park and adjacent
grounds are on separate electrical and water meters. District shall pay for the YAC and the City will pay for the Teen Center, Skate Park and adjacent grounds.
(2) Gas and other utilities not split by building will be initially paid for by District.
(3) Notwithstanding 1 and 2 above, a pro rata share of the utility costs shall be mutually determined and agreed upon semiannually. The initial pro rata share will be a 40 % City/60% District flat rate and will then be adjusted based on actual facility use by City or District semiannually. City share includes times when the City rents out the facilities or uses the facilities for its 8 own use. Annual true up will be done in arrears whereby the City will be charged, or credited, based on actual use and costs. ( 4) District will bill City semiannually commencing November 1, 2022, due and payable in 90 days.
( d) The Premises, as developed by the parties for the purposes under this Addendum, shall be adequately maintained to ensure proper and safe use, appearance, and preserve the lifecycle of each facility.

6. Term
Pending execution of the Master Agreement, the City and the District desire to enter into this Addendum in connection with the Lease, which Addendum will ultimately be subject to the Master Agreement. The Term of this Addendum will be five (5) years with a potential extension of five (5) years, if all parties agree. If parties do not agree, District shall have full use and occupancy of Teen Center and the Skate Park. The District shall provide the City at least 180 days written notice of its intention to not extend the Term of this Addendum.

7. General Provisions.
(a) Representatives of District and City shall regularly, on at least a quarterly basis commencing September 1, 2022, confer with regard to the development, use and maintenance of the Premises. The representatives will be an Assistant City Manager, City Director of Parks and Recreation, District Chief Business Official, District Director of Facility Development and Planning or Maintenance, or designees thereof.
(b) There shall be no additional development of the Premises or changing of the facilities on the Premises without the prior discussion between the District and the City of the proposed changes. Any modifications to the Premises that may affect the DSA approval status of the buildings and surroundings must be approved by the District prior to any plans or work beginning.

8. Dispute Resolution.

Disputes involving day to day issues should be discussed with site level staff.

Additional dispute resolution shall be discussed at the quarterly meeting in section 7(a). If a resolution is not determined the issue will be brought to the City School Liaison Meeting. If a resolution is not determined by the City Council and the Board of Education, including the issue of the Long Term Maintenance and 9 163798vl / SANCLARUSD.45.5
Capital Improvements Account provided in section 5(a) and 5(b) herein, the issue will be determined by the Board of Education as the owner of the Cabrillo Middle School site. This Section 8 shall not apply to disputes obligating the use of City Funds which are subject to City Council approval.

9. Duty Of Parties To Defend, Indemnify, And Hold Harmless. (a) City shall protect, defend, indemnify and hold harmless District, its officers, agents and employees from and against any and all demands, claims, liability or expense on account of suits, verdicts, judgments, costs or claims of any nature or kind arising out of or in any way connected with the City's negligent performance or nonperformance under this Agreement, including City's operations on, possession, use, management, alteration or control of the District's property, except for any claims, causes of action or liability, or portions thereof, arising from the concurrent or sole negligence or intentional malfeasance of District, its officers, agents or employees.
(b) District shall protect, defend, indemnify and hold harmless City, its officers, agents and employees from and against any and all demands, claims, liability or expense on account of suits, verdicts, judgments, costs or claims of any nature or kind arising out of or in any way connected with the District's negligent performance or nonperformance under this Addendum, including District's operations on, possession, use, management, alteration or control of the District's property except for any claims, causes of action or liability, or portions thereof, arising from the sole negligence or intentional malfeasance of City, its officers, agents or employees.
( c) City shall defend, indemnify and hold harmless District, its officers, agents and employees from any claims or causes of action for death or injury to persons, or damage to or loss of property attributable to the physical condition of any school or open space/recreational area site for which City has undertaken responsibility for maintenance, improvement or rehabilitation under this Addendum arising out of the maintenance of such site by City, except for those claims or causes of action to which District is responsible pursuant to subsections (a) and (b).
( d) District shall defend, indemnify and hold harmless City, its officers, agents and employees from any claims or causes of action for death or injury to persons, or damage to or loss of property attributable to the physical condition of any school or open space/recreational area site for which District has undertaken responsibility for maintenance, improvement or rehabilitation under this Addendum arising out of the maintenance of such site by District, except for those claims or causes of action to which City is responsible pursuant to subsections (a) and (b).
10 163798vl / SANCLARUSD.45.5

10. Insurance.
a) City, at its sole cost and expense, will obtain and maintain, in full force and effect, during the term of this Addendum the following insurance:
(1) Commercial General Liability insurance with limits of two million dollars ($2,000,000) per occurrence and four million dollars ($4,000,000) aggregate, insuring both parties, their officers, employees, agents, and each of them with respect to City's participation and the services performed by City under this Addendum.
(2) Automobile Liability insurance with a combined single limit of one million dollars ($1,000,000).
(3) Workers' Compensation with statutory limits and
Employers' Liability with limits of one million dollars ($1,000,000) per accident for bodily injury or disease. ( 4) Molestation/ Abuse Insurance with limits of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate.

Concurrently with execution of this Addendum, City will file with District's Risk Manager a certificate of insurance showing evidence that the coverage above is in place , or a letter regarding self-insurance. The Commercial General Liability policy shall include an additional insured endorsement that names the Santa Clara Unified School District, its officers, agents, employees and volunteers as additional insureds. (b) District, at its sole cost and expense, will obtain and maintain, in full force and effect, during the term of this Addendum the following insurance:
163798vl / SANCLARUSD.45.5
(1) Commercial General Liability insurance with limits of two million dollars ($2,000,000) per occurrence and four
million dollars ($4,000,000) aggregate, insuring both
parties, their officers, employees, agents, and each of them with respect to District's participation and the services performed by District under this Addendum.
(2) Automobile Liability insurance with a combined single limit of one million dollars ($1,000,000).
11 (3) Workers' Compensation with statutory limits and
Employers' Liability with limits of one million dollars ($1,000,000) per accident for bodily injury or disease. (4) Molestation/Abuse Insurance with limits of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate.

Concurrently with execution of this Addendum, District will file with City a certificate of insurance showing evidence that the coverage above is in place, or a letter regarding self-insurance. The Commercial General Liability policy shall include an additional insured endorsement that names the City of Santa Clara, its officers, agents, employees and volunteers as additional insureds.
(b) Thereafter, City and District will submit annually to each other a certificate of insurance showing evidence that the coverage above is in place, or a letter regarding self-insurance. The annual certificate of insurance or letter regarding self-insurance shall name each other as an additional insured with the above limits.

11. Fingerprinting.

City staff, volunteers, and representatives must be fingerprinted and have a clear background check in accordance with City Policy.

12. Time Of The Essence.

Time is of the essence with respect to this Addendum.

13. Force Majeure.

If, due to act of God; fire; flood; storm; inclement weather; earthquake; drought; acute restrictions or riot; war or insurrection; plant or animal infestation or disease; sudden or severe energy shortage; strike; work stoppage; work slowdown or other concerted job action; or other condition of emergency or disaster beyond the control of City which makes performance of its construction, rehabilitation and/or maintenance obligations under this Addendum impossible or extremely impracticable, such obligations shall be suspended during such time any such condition or conditions exist.

14. Discrimination Prohibited.
12 163798vl / SANCLARUSD.45.5
Neither District nor City shall discriminate in the employment of persons engaged in the performance of this Addendum on account of race, color, national origin, ancestry, sex, physical handicap, or medical condition, in violation of state or federal laws, or any other basis otherwise prohibited by state or federal law.

15. Notices.

All notices hereunder shall be given in writing and mailed, postage prepaid, by certified mail, addressed as follows:

To City
To District
City Manager
City of Santa Clara
1500 Warburton Ave Santa Clara, CA 95051
Chief Business Official
Santa Clara Unified School District
1889 Lawrence Road
Santa Clara, CA 95051

16. Effect Of Waiver Of Breach Or Violation.

The waiver by either party of any breach or violation of any term, covenant, or condition of this Addendum or of any provision of law shall not be deemed to be a waiver of any other term, covenant, or condition or law. The subsequent acceptance by either party of any money which may become due hereunder shall not be deemed a waiver of any preceding breach or violation by the other party of any term or condition of this Addendum, or of any applicable law.

17. Disputes; Legal Actions: Attorney Fees; Specific Performance. (a) If a question arises regarding interpretation of this Addendum or its performance, or the alleged failure of a party to perform, the Party raising the question or making the allegation shall give written notice thereof to the other Party. The parties shall promptly meet in an effort to resolve the issues raised. The City hereby appoints its City Manager or designee as its representative and the District hereby appoints the Superintendent or designee as its representative. If the parties fail to resolve the issues raised, alternative forms of dispute resolution, including mediation, may be pursued by mutual agreement. It is the intent of the Parties to the maximum extent possible that litigation be avoided as a method of dispute resolution.
(b) If the parties are unable to resolve a dispute as provided in subsection (a), the dispute( s) regarding this Addendum shall be resolved according to the laws of the State of California. Any legal proceedings shall be instituted in the courts of 13 163798vl / SANCLARUSD.45.5
the State of California and County of Santa Clara, irrespective of any claim of diversity of citizenship or other possible jurisdictional conditions. ( c) The prevailing party in any action brought to enforce the terms of this Addendum or arising out of this Addendum may recover its reasonable costs and attorney's fees expended in connection with such an action from the other party. ( d) In any action to enforce the provisions of this Addendum, specific performance shall be a remedy available in addition to any other remedies provided by law.

18. Integrated Agreement.

This document represents the entire and integrated agreement between District and City and supersedes all prior negotiations, representations or agreements, either written or oral. This Addendum shall not be construed as nor deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action herein for any cause whatever.

19. Countersign.

This Agreement may be countersigned by the two parties on two separate sheets, which will be deemed as one fully executed Agreement. The Agreement may also be signed digitally.
(THE SIGNATURE PAGE IS ON THE FOLLOWNG PAGE)
14 163798vl / SANCLARUSD.45.5
The Parties acknowledge and accept the terms and conditions of this Addendum as evidenced by the following signatures of their duly authorized representatives. The Effective Date is the date that the final signatory executes the Addendum. It is the intent of the Parties that this Addendum shall become operative on the Effective Date.

CITY OF SANTA CLARA ("CITY") SANTA CLARA UNIFIED SCHOOL DISTRICT ("DISTRICT")
/-1/4-f-.':1..V.~~--~, --=-~6Q ~ 0
ice of the City C:};usiness Official
Dated: .... 3l?-J/#6 Dated: 4 /, /a3

APPROVED TO AS FORM FOR CITY APPROVED TO AS FORM FOR DISTRICT P,- GLEN R. GOOGINS District Attorney
City Attorney
15 163798vl / SANCLARUSD.45.5
163798vl / SANCLARUSD.45.5

ATTACHMENT A

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Use of Facilities Policies for District Facilities and Grounds (Not including Performing Arts Centers)
Priority Use and Priority Groups
**Upon signing up for Facilitron, all new groups are placed in Priority Group 4. If you are a youth organization, upload the required qualifying documentation after submitting your Facilitron reservation request. Once received, eligibility will be determined and verified by Facilitron and the District. Rentals are approved on a first-come, first-served basis through the Facilitron platform. ** If you need assistance entering your reservation or have questions, call 1-800-272-2962 x 1 to reach a live customer service representative.

Group 1. School District Use. School activities, sports, clubs, festivals, and professional development. Group 1 may include: Parent Teacher groups, the SCUSD School Foundation, and booster clubs.

Charges include custodial, grounds, and nutrition services fees, where applicable.

Group 1 does not pay application or facility use fees.

These fees apply to the groups below
Charges include application fees and facility use fees, as well as fees for custodial, grounds, and nutrition services, where applicable.

Group 1.5. Youth organizations
Group 1.5 is approved by the Board of Trustees yearly. (Organizations must apply to be considered for this group.)
Group 2. Local youth organizations with at least 80% of participants attending District schools (rosters will be required). Group 2 may include: After-school or weekend programs or sports.

Group 3. Local youth organizations with less than 80% of participants attending District schools (rosters will be required). Group 3 may include: After-school or weekend programs and sports.

Group 4. Adult organizations or events with participants over and under 18 years of age. Group 4 may include: Sports, workshops, classes, religious organizations, private events (social activities), and charitable organizations.

Custodial Fees will be applied:

1. All indoor rentals, except classrooms (during the school days), will be charged a minimum of two (2) hours and an additional 2 hours for cleaning after all events.*

2. If a site custodian is not regularly scheduled, weekends, school breaks, and/or large groups or events.

3. Agnew, Huerta and MacDonald for all rentals.

4. Summer custodial hours vary by site.
*Custodial hours may change according to district and individual site schedules and/or large groups or events.
03/2025
1 • • • Santa Clara Unified
School District
Fees for Use of District Facilities and Grounds
All facility rentals will start at 6 p.m. M-F. Rentals will end by 9:00 p.m. M-F, except Wilcox and SCHS, end at 10 pm. All facilities Sat - Sun 7 a.m. to 9 p.m.

Facility rentals are not allowed during District Holidays. All facilities are hourly rates. All rentals are approved using Facilitron on a first-come, first-served basis.

Meeting/Activity Space Group 1.5 Group 2 Group 3 Group 4 Deposit Non-refundable application fee for each
reservation $10 $10 $25 $50
May be
reimbursed
after event
Standard Classroom $1.50 $6 $13 $20 $50
Elementary Multipurpose Room/Cafeteria $4 $20 $40 $64 $50 Middle/High Multipurpose Room/Cafeteria $7 $35 $70 $111 $50 Elementary Kitchen** $50 $50 $100 $150 $200
Middle/High School Kitchen** $100 $100 $200 $300 $200
Middle/High School Auxiliary Gymnasium:

Buchser, Peterson, Santa Clara, Wilcox,
Wilson, MacDonald
$7 $34 $69 $110 $100
Middle/High School Main Gymnasium:

Buchser, Huerta, Peterson, Santa Clara,
Wilcox, MacDonald
$10 $51 $102 $162 $100
Football Stadium/Track***
MacDonald, Santa Clara, Wilcox $10.50 $53 $107 $171 $500 Artificial Varsity Baseball/Softball Field***
MacDonald, Santa Clara $17.50 $88 $177 $283 $100
Grass Varsity Baseball/Softball Field***
Wilcox, Lou Vierra $6 $31 $61 $98 $50
Artificial Practice Field (Agnew, Huerta and
MacDonald require custodial staff for all rentals) $9.50 $47 $94 $150 $100 Grass Practice Field (elementary, middle
schools) $6 $31 $61 $98 $50
Swimming Pool (requires a 3 hour minimum
staff fee, $198) $16.50 $82 $164 $262 $500
Parking Lot (events in parking lots) $2 $9 $19 $30 $50
Tennis Courts (All courts except Buchser) $9 $18 $45 $45 $50 Outdoor Hardcourts (Basketball
Court/Blacktop) $2 $9 $19 $30 $50
**Nutrition Services Staff
(required with all kitchen reservations)
$60.00 per hour (2 hour minimum)
Custodial Staff
(required for all weekend, kitchen, school breaks,
and set up of chairs and tables)
$66.00 per hour (2 hour minimum)
***Grounds Staff
(required for football, baseball and softball
stadiums. Other fields: optional addition to
reservation for field prep, if staff is available)
$66.00 per hour (4 hour minimum for football, baseball and softball stadium)
03/2025
2 • • • Santa Clara Unified
School District
Cancellation Policy for District Facilities, except Performing Art Centers ● Payment processing fee and application fee are non-refundable. ● Cancellation 21 days prior to date of the event: 100% refund for use fees, custodial fees, equipment fees, and security deposit. Payment processing fee and application fee are non-refundable.
● Cancellation 7-20 days prior to date of the event: renter is responsible for 50% of use fees, custodial fees, and equipment fees. Payment processing fee and application fee are non-refundable. Security deposit and insurance (if purchased through Facilitron) will be refunded in full.
● Cancellation within 6 (six) calendar days of event: renter is responsible for 100% of use fees, custodial fees, equipment fees, payment processing fee, and application fee. Security deposit and insurance (if purchased through Facilitron) refunded in full. ● Cancellation must be entered into the online reservation system by the time frame above to be eligible for a refund.
● Cancellations due to weather will be considered per event. ● No shows will be charged the entire reservation amount. If the Renter/User on Facilitron does not arrive on time, staff will wait 1 (one) hour before labeling the event a “no show” and cancels the event.
● Cancellations within 6 (six) calendar days of the event and no shows may result in penalties including disqualification for future site use and permits. ● Reservations will be canceled, if the reservation is not paid in full as agreed, or if any requested documentation, including correct insurance, is not uploaded to the online system 1 (one) week in advance without a refund.

Cancellation Policy for District Performing Art Centers (Theaters) ● Payment processing fee and application fee are non-refundable. ● Cancellation 30 days prior to the date of the event – 100% of security deposits, use fees, custodial, equipment fees, and additional technician fees. Payment processing fee and application fee are non-refundable.
● Cancellation 15 to 30 days notice – Renter is responsible for 50% of security deposit, use fees, custodial, and equipment fees. Payment processing fee and application fee are non-refundable. ● Cancellation 10 to 15 days – Renter is responsible for 25% of security deposit, use fee, custodial, and equipment fees. Payment processing fee and application fee are non-refundable. ● Cancellation 10 days to the day of the event – No refund Field Use

1. Users are responsible for monitoring weather conditions and evaluating playing fields when there is a threat of rain, lightning or dangerous conditions. If a user degrades fields due to playing on wet turf, users will be billed for field repairs.

2. No site facility improvements or additions shall be made without written consent from the District.

3. No tampering with irrigation systems.

4. Fields are not prepped and do not include use of bases or soccer goals; nor are they available.

5. Teams must adhere to permitted days and hours of use.

6. All trash must be picked up at the end of facility use every day.

7. Pets are not allowed on school campuses.
03/2025
3 • • • Santa Clara Unified
School District

8. Agnew Elementary, Huerta Middle School and MacDonald High School require custodial staff at all times for events; weekdays and weekends.

Kitchen Facilities

1. Kitchen facilities shall not be used unless supervised by District Nutrition Services personnel.

Use of kitchen facilities includes use of equipment, sinks, warmers, or any other item/equipment in the kitchen, multipurpose, or other facility used by Nutrition Services. This is an additional fee with a 2 hour minimum.

2. Custodial fees apply.

3. All requests for kitchen use shall be approved by Nutrition Services prior to the permit approval.

Insurance

1. No use or occupancy of any district property will be permitted unless the person or group furnishes proof of liability and property damage insurance in accordance with required minimums established in the District procedures and names the District as an additional insured on the CG 20 11 96 Form.

2. The undersigned agrees to be fully responsible for the payment of any and all damages to the school premises including furniture and equipment.

3. The requesting organization affirms that it will assume liability, responsibility, defend at its own expense, and hold Santa Clara Unified School District harmless for any accident or injury arising from use of the facilities, including reasonable attorney’s fees, and comply with all district rules and regulations.

4. The requesting organization’s insurance shall be primary in regard to any and all claims for accident or injury arising from use of facilities.

Selling Goods or Foods

1. If the event consists of selling goods of any type, a Business License for the City must be uploaded to the online reservation system 2 (two) weeks prior to the event or sales will not be allowed.

2. If the event consists of selling food of any type, a Santa Clara County Health Department Permit must be uploaded to the online reservation system 2 (two) weeks prior to the event.

Advertisement Flyers

1. Print or digital advertisement flyer(s) distributed to promote the event must be uploaded to the online reservation system with the original reservation request. The flyer must include the following information:

Organization name(s), location(s), time(s), date(s), and cost(s) for the event(s).

2. Only non-profit entities are allowed to post advertisement fliers on Peachjar per Board Policy 1325.
03/2025
4 • • • Santa Clara Unified
School District
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-980 Agenda Date: 9/23/2025

REPORT TO CITY COUNCIL

SUBJECT
Action on the Water Supply Assessment Related to Preparation of a Specific Plan for the El Camino Real Focus Area

COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development

BACKGROUND
The City’s 2010 General Plan establishes a Land Use goal and policy for redefining El Camino Real as a vital, pedestrian-oriented corridor, with a greater diversity of uses. The El Camino Real Specific Plan carries out the General Plan to establish fine-grained land use designations and a more detailed land use policy than what is currently in the General Plan, as well as provide objective design standards to regulate new development projects in the Plan Area. After a series of meetings in 2021 and 2022 that considered a higher density proposal, on March 7, 2023, the City Council directed staff to prepare a new version of the El Camino Real Specific Plan with a reduced density. Adoption of the Specific Plan that is currently under preparation would allow up to 4,392 residential units, 524,467 square feet of retail space, and 162,891 square feet of irrigable landscape along the corridor.

In June 2025, staff conducted a study session with Council to provide an update and obtain feedback on the draft Specific Plan. As a part of the next steps for the development of a Specific Plan for the El Camino Real Focus Area, the City conducted a Water Supply Assessment for inclusion in the environmental review process. Senate Bill 610 (2001), codified at Water Code Section 10910 et seq, requires detailed information on water supply availability for certain projects, for which the El Camino Real Specific Plan is one. This item requests Council approval of this assessment. Staff will bring the Specific Plan itself back to Council in the near future for Council consideration and action.

DISCUSSION
The City Council is being asked to take action on the Water Supply Assessment related to preparation of a Specific Plan for the El Camino Real Focus Area.

City staff has prepared a Water Supply Assessment for the El Camino Real Specific Plan. An Assessment is required to analyze the utility’s current and future water supplies as well as the current and projected water demands in the utility’s service area. The Assessment must include a determination as to whether additional water supplies are necessary or if sufficient water supplies exist for the proposed development. The law also requires that the water utility’s governing body approve water supply assessments. The City Council is the governing body for the City’s Water Utility.

Based on the analysis in the Assessment, the City of Santa Clara Water Utility has determined that City of Santa Clara Page 1 of 2 Printed on 9/19/2025
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25-980 Agenda Date: 9/23/2025
supplies would be sufficient to provide service for the development contemplated by the Specific Plan. The Assessment provides a detailed analysis of the amount of water necessary to meet the needs of the proposed development and the City’s ability to supply that amount of water based on the projections identified in the City’s 2020 Urban Water Management Plan (UWMP), as well as water supply assessments prepared after the City’s Urban Water Management Plan was approved. This Assessment analyzed the impacts of changes in contractual limitations on water supply, proposed development projects, and other additional factors that have occurred since the original 2020 UWMP was developed and adopted. The Assessment found that the City’s water utility has sufficient water supplies to meet the projected water demand of this development during normal, single dry year, and multiple dry year scenarios.

The City Council’s approval of the Assessment (see attached resolution) is necessary for the El Camino Real Specific Plan to be approved. However, the City Council’s action on this item for approval, denial, conditional approval or any act on this Assessment does not guarantee that the Specific Plan will be approved and does not obligate the City to approve, deny, conditionally approve, take any action, or make any decision on the Specific Plan.

ENVIRONMENTAL REVIEW
The preparation of a water supply assessment is a part of the environmental review process for the Project and is a prerequisite to the adoption of an Environmental Impact Report (EIR) under Section 15155(b) of the CEQA Guidelines.

FISCAL IMPACT
The adoption of the resolution to approve this Assessment does not have a fiscal impact other than administrative staff time.

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

RECOMMENDATION
Adopt a resolution approving the El Camino Real Specific Plan Water Supply Assessment in the form presented.

Reviewed by: Afshan Hamid, Director, Community Development Department Approved by: Jovan Grogan, City Manager

ATTACHMENTS

1. Draft El Camino Real Specific Plan Water Supply Assessment

2. WSA Adoption Resolution
City of Santa Clara Page 2 of 2 Printed on 9/19/2025
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City of Santa Clara i Water Supply Assessment/ ECR Specific Plan 2024 El Camino Real Specific Plan
Water Supply Assessment
City of Santa Clara Water and Sewer Utilities
July 18, 2024
for Compliance with California Water Code Section 10910 Approved by City Council
Resolution # TBD
City of Santa Clara I Water Supply Assessment / ECR Specific Plan

TABLE OF CONTENTS

1. INTRODUCTION ................................................................................................................................2

2. WATER DEMAND..............................................................................................................................3

3. WATER SUPPLIES ..............................................................................................................................5

3.1 Water Sources..................................................................................................................................5

3.2 Groundwater....................................................................................................................................7

3.3 Recycled Water.............................................................................................................................. 12

4. WATER SUPPLY PROJECTIONS....................................................................................................... 14

4.1 Supply Volumes............................................................................................................................. 14

4.2 Projected Water Supply ................................................................................................................ 15

4.3 Water Supply Reliability ................................................................................................................ 16

5. PROPOSED PROJECT WATER DEMANDS ....................................................................................... 22

5.1 Water Demand to be Met by Recycled Water.............................................................................. 22

5.2 Summary of Existing and Estimated Water Demands................................................................... 22

5.3 Projected Water Demand for Other Proposed Projects ............................................................... 23

6. CONCLUSION................................................................................................................................. 24 APPENDIX A ................................................................................................................................................ 26 City of Santa Clara 2 Water Supply Assessment / ECR Specific Plan

1. INTRODUCTION
Senate Bill 610 (2001) codified at Water Code Section 10910 et seq, requires detailed information on water supply availability for certain projects that meet or exceed the following criteria:
• A residential development of more than 500 dwelling units • A proposed shopping center or business establishment employing more than 1,000 persons or having more than 500,000 square feet of floor space.
• A proposed commercial office building employing more than 1,000 persons or having more than 250,000 square feet of floor space.
• A proposed hotel or motel, or both, having more than 500 rooms. • A proposed industrial, manufacturing, or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 square feet of floor area.
• A mixed-use project that includes one or more of the projects specified in this subdivision. • A project that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500 dwelling-unit project.

El Camino Real Specific Plan (“Specific Plan”), a project located in the City of Santa Clara (“City”) is subject to a Water Supply Assessment (“WSA” or “Assessment”) in accordance with the California Water Code and the California Environmental Quality Act. The proposed Specific Plan will demolish existing commercial buildings to redevelop a 3.2 mile corridor along El Camino Real between western city boundary and Pratt Place. The Specific Plan proposes construction of 4,392 residential units, 524,467 sq ft of retail space, and 162,891 sq ft of irrigable landscape. The proposed construction and demolition is further categorized into the following planning horizons:

The City of Santa Clara’s City Council approved and adopted a 2020 Urban Water Management Plan in 2021 (“UWMP” or “2020 UWMP”). The Specific Plan was previously proposed and evaluated under the 2015 Urban Water Management Plan but was not adopted. New projections were provided in 2024 and will be evaluated under the 2020 UWMP. The 2020 UWMP included projected increases in water demand due to densification and intensification of both residential and non-residential land uses.

Projected uses within the proposed development are described in further detail in the Projected Water Demand for the Proposed Specific Plan section.

This Assessment relies on the data contained in and used to develop the 2020 UWMP to analyze the availability of the City’s water supply to serve the Specific Plan along with existing and planned future uses. Unless noted, all figures in this Assessment are in acre-feet (AF) and are for total water demand or supply, i.e. both potable and recycled water.

City of Santa Clara 3 Water Supply Assessment / ECR Specific Plan The findings of this Assessment will be submitted to the City Council for approval and included in the environmental review process. The City’s approval, denial, conditional approval or any act on this Assessment does not guarantee that the Specific Plan will be approved and does not obligate the City to approve, deny, conditionally approve, take any action, or make any decision on the Specific Plan application.

2. WATER DEMAND
The Demand Study projections were developed using the Demand Side Management Least Cost Planning Decision Support System model (DSS Model) developed by Maddaus Water Management for long-term projections. The DSS Model (also “end use” model type) projected long-term demand based on expected service area growth for population and employment. The model also considers conservation measures using benefit-cost analysis and benefit-to-cost ratio as economic indicators.

Demands were also projected based on savings from the plumbing code and active conservation programs. Another model used in the study was the Econometric Model, which was used to develop future rebound water demands associated with short term effects. The Econometric Model projects future demands based on historical post-drought recovery demands considering factors such as economy, rate increases, conservation activity and weather.

The basic methodology of the DSS Model required forecasting demands based on customer billing data categorized by user type. The model was calibrated by comparing water use data with available demographic data to characterize water usage for each user type in terms of number of users per account and per capita water use.1 In order to calibrate the volume of water allocated to specific end uses in each customer category, published data on average per capita indoor water use and average per capita end uses were combined with the number of water users. After calibration was completed, the projected population and employment projections were incorporated. The population and employment projection data in models utilized 2019 ABAG data provided by the City’s Community Development Department. The 2020 UWMP demand projections are inclusive of passive water conservation savings.

The resulting projected water demand by category is shown in Table 2-1 and only includes potable water demands.
1 Bay Area Water Supply and Conservation Regional Water Demand and Conservation Projections, June 2020 City of Santa Clara 4 Water Supply Assessment / ECR Specific Plan Table 2-1 Retail: Demands for Potable Water - Projected Use Type Additional
Description
Projected Water Use
Report to the Extent that Records are Available
2025 2030 2035 2040 2045 (opt)
Single Family 4,683 4,893 5,076 5,206 5,336
Multi-Family 4,458 4,659 4,833 4,957 5,080
Commercial 6,184 6,461 6,704 6,875 7,046
Industrial 1,748 1,826 1,895 1,943 1,991
Institutional/Governmental Institutional 672 702 729 747 766 Institutional/Governmental Municipal 560 585 607 623 638 Losses 6.0% Losses (5-yr
average) 1,168 1,221 1,267 1,299 1,331
TOTAL 19,473 20,348 21,111 21,649 22,189
NOTES: Total sum may not be exact due to rounding. Units of volume in AF.

Table 2-2 shows total water demands including both potable and recycled water. Recycled water demands were estimated based on anticipated growth in recycled water use due to new development (landscape irrigation, data centers, dual plumbing), including proposed infrastructure upgrades to supply new developments, and historical demand.

Table 2-2 Retail: Total Gross Water Demands (Potable and Non-Potable) 2020 2025 2030 2035 2040 2045 (opt)
Potable Water Demand
From Table 2-1 18,302 19,473 20,348 21,111 21,649 22,189 Recycled Water Demand 3,499 4,570 5,489 6,586 7,908 9,488 TOTAL WATER DEMAND 21,801 24,043 25,836 27,697 29,557 31,676 NOTES: Units of volume in AF.

Table 3 calculates projected changes in water demand during each 5-year planning horizon through 2045. The Project’s proposed water demand will be analyzed against this table to determine whether demands fall within growth projections in the 2020 UWMP.

City of Santa Clara 5 Water Supply Assessment / ECR Specific Plan Table 3 – Projected Changes in Water Demands (AF) – 2020 UWMP 2021-2025 2026-2030 2031-2035 2036-2040 2041-2045
Single Family 225 210 183 130 130
Multi-Family -264 201 174 124 123
Commercial 877 277 243 171 171
Industrial 138 78 69 48 48
Institutional 110 30 27 18 19
Municipal 215 25 22 16 15
Recycled 1,071 919 1,097 1,322 1,580
Losses -131 53 46 32 32
Total 2,241 1,793 1,861 1,861 2,118

3. WATER SUPPLIES

3.1 Water Sources
The City relies on four water supply sources; surface water from San Francisco Public Utilities Commission (SFPUC), treated surface water from Santa Clara Valley Water District (Valley Water or SCVWD), groundwater (GW), and recycled water. Surface water from the two wholesalers, SFPUC and Valley Water, provides less than half of the City’s water supply, averaging about 40% since 2015. City owned and operated-wells provide approximately 60%. Since a portion of the City’s water supply is reliant on SFPUC and Valley Water, the City is directly affected by the water supply conditions faced by each wholesaler. Additionally, the City water system is separated into three interconnected zones (Zone 1, 2 and 2A) in order to provide optimum pressures throughout the City. The zones and water source by area are shown in Figure 3-1 on the next page.

City of Santa Clara 6 Water Supply Assessment / ECR Specific Plan Figure 3-1: Pressure Zones and Water Source by Area
Specific Plan Area
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Hyd roScience
ZONE 2 (SCVWD+GW )
FIGURE 6-1

CITY OF SANTACLARA

URBAN WATER MANAGEMENT PLAN

WATER SUPPLY SOURC ES
City of Santa Clara 7 Water Supply Assessment / ECR Specific Plan

3.2 Groundwater
The City’s source of groundwater is supplied by the Santa Clara subbasin (DWR Basin 2-9.022). The Santa Clara subbasin is part of the Santa Clara Valley Basin which is divided into four subbasins, including the Santa Clara subbasin. The Santa Clara subbasin extends from the Coyote Narrows near Metcalf Road to the southern San Francisco Bay as the northern boundary. It is bounded on the west by the Santa Cruz Mountains and on the east by the Diablo Range. The two mountain ranges converge at the Coyote Narrows to form the southern limit of the subbasin. The Santa Clara subbasin covers a surface area of 189,581 acres. The subbasin is further divided into two groundwater management areas based on differences in hydrogeology, land use and water supply management: Santa Clara Plain and Coyote Valley with the City overlaying the Santa Clara Plain (Figure 3-2). 2 https://water.ca.gov/-/media/DWR-Website/Web-Pages/Programs/Groundwater-Management/Bulletin-118/Files/2003-BasinDescriptions/2_009_02_SantaClaraSubbasin.pdf City of Santa Clara 8 Water Supply Assessment / ECR Specific Plan Figure 3-2: Map of Santa Clara Plain Groundwater Basin
Newark.
.Bl-n Lomond
HydroScience
Scot
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LEGEND
,~:::. SANTA CLARA SUBBASIN (DWR 2-9 _02)

SANTA CLARA PLAIN

COYOTE VALLEY
FIGU RE 6-2

CITY OF SAN TA CLARA

URBAN WATER MANAGEMENT PLAN

MAP OF GROUNDWATER BASIN
City of Santa Clara 9 Water Supply Assessment / ECR Specific Plan The Santa Clara subbasin is designated as a high-priority subbasin. Basin prioritization was previously based on the 2015 Sustainable Groundwater Management Act (SGMA) Basin Prioritization program, which included overlying population, projected growth, number of public wells, number of total wells, irrigation acreage, groundwater reliance, and documented groundwater impacts as criteria for basin priority designation. The current version, updated in 2019, includes the addition and emphasis of “adverse impacts on local habitat and local streamflows” as a specific component for the designation of basin priority.3 This component only adds a maximum of two points toward the total points used to designate subbasin priority. With a total of 24.5 points, the Santa Clara subbasin falls above the minimum threshold of 21 points for high-priority designation.

Valley Water manages the groundwater supply in Santa Clara County and works with various water retailers in the area to prevent subsidence and overdraft of the basin to ensure reliable water supplies.

The Santa Clara Valley Basin is not adjudicated or currently listed as overdrafted.4 This can be attributed to Valley Water’s network of imported surface water supplies, groundwater recharge system, water supply long-term planning, and aggressive conservation efforts through community outreach and rebate programs. The Santa Clara Valley Basin is shown in Figure 6-3 and is the largest of three interconnected groundwater basins occupying approximately 246,000 acres of the 835,000 acres of Santa Clara County.

Development and agricultural needs in the 1920s increased the water demand within the Santa Clara Valley. This increased extraction of groundwater led to subsidence in several of the aquifers. The Santa Clara Valley Water Conservation District (currently Santa Clara Valley Water District and referred to as Valley Water) was originally formed in 1929 to alleviate land surface subsidence and stop groundwater overdraft. The rapid development of Santa Clara County occurred again in the 1960s and the corresponding increased demand on the water supply again resulted in groundwater level decline, land subsidence and observed saltwater intrusion of shallow aquifers adjacent to San Francisco Bay.5 The continued overdrafting of the basin resulted in a significant lowering of the groundwater table, significant subsidence of the land in the northern portion of the valley and compaction of several aquifers. When an aquifer is compacted the storage capacity of the aquifer can be substantially reduced.

Once lost, storage capacity cannot be regained.
3 Department of Water Resources, SGMA 2019 Basin Prioritization Results – https://water.ca.gov/Programs/Groundwater-Management/Basin-Prioritization 4 Department of Water Resources, California’s Groundwater Interim Update 2016, DWR Bulletin 118 5 Valley Water 2016 Groundwater Management Plan
City of Santa Clara 10 Water Supply Assessment / ECR Specific Plan Figure 3-3: Map of Santa Clara Valley Basin
LEGEND
r
Seo
Valley
·1, m
I
LJ APPROXIMATE EXTENT OF CONFINED AREA c:J SANTA CLARA VALLEY BASIN

SANTACLARA PLAIN CONFINEDAREA

SANTA CLARA PLAIN RECHARGE AREA

COYOTE VALLEY RECHARGE AREA
- LLAGAS SUBBASIN (DWR BASIN 3-3_01)
HydroScience
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FIGURE 6-3

CITY OF SANTA CLARA

URBAN WATER MANAGEMENT PLAN

MAP OF SANTA CLARA VALLEY BASIN
City of Santa Clara 11 Water Supply Assessment / ECR Specific Plan To avoid any further subsidence and loss of aquifer capacity, Valley Water has attempted to operate the basin to maintain or increase groundwater storage through managed recharge with local supplies augmented with imported raw water. In the late 1960s, Valley Water’s conjunctive management of surface water and groundwater effectively halted overdrafting and resulting subsidence. Valley Water is currently using projected supply, carryover capacity and anticipated demand to predict potential water shortages. The 2016 Santa Clara Valley Water District Groundwater Management Plan (GMP) 6 describes the groundwater recharge program in detail.

The Santa Clara subbasin currently provides about 60% of the City’s potable water supply. The City’s wells are strategically distributed around the City adding to the reliability of the water system and minimizes the possibility of localized subsidence due to overdrafting. To minimize the possibility of longterm overdraft conditions, the City monitors groundwater levels and meters the groundwater pumping for all City owned production wells. To further ensure that no overdrafting is occurring the City operates a recycled water system and requires new development along the recycled water distribution system to use recycled water for approved irrigation and industrial uses. The City also encourages and promotes water conservation to minimize groundwater usage.

The allowable withdrawal or safe yield of groundwater by the City is dependent upon multiple factors including withdrawals by other water agencies, quantity of water recharged and the carry over storage from the previous year. Valley Water’s current (2022) groundwater report shows the City as being the second highest user of groundwater pumping, at 15%, for the Santa Clara Plain subbasin designated as North County (Zone W-2).7

Table 4 shows the City’s annual groundwater pumping volumes in acre-feet from 2019 to 2023. In 2023, a total of 10,431 AF was pumped from the current production wells within the City. In 2023, groundwater from wells accounted for 50.5% of all water used in the City (including recycled water) and

62.5% of the total potable water supply.

Table 4: Retail Groundwater Volume Pumped – Potable
Groundwater Type Location or Basin Name 2019 2020 2021 2022 2023 Alluvial Basin Santa Clara Valley 9,779 10,835 9,816 10,329 10,431 NOTES: Units of volume in AF.
6 https://s3.us-west-2.amazonaws.com/assets.valleywater.org/2016%20Groundwater%20Management%20Plan.pdf 7 2012 Valley Water Annual Groundwater Report.

City of Santa Clara 12 Water Supply Assessment / ECR Specific Plan

3.3 Recycled Water
Recycled water within the City is supplied from the jointly owned San Jose-Santa Clara RWF through South Bay Water Recycling (SBWR). This recycled water meets the requirements of the CCR Title 22, Division 4. The City and all users of recycled water must ensure that a number of regulatory requirements specified in CCR Title 22 are met. CCR Title 22 specifies the types of use and the conditions under which the use of recycled water is allowed. SBWR provides oversight, promotes recycled water, operates the recycled water distribution system, and provides technical guidance to recycled water customers.

The existing recycled water distribution system was laid out to maximize service to large potential recycled water customers. Recycled water is currently used within the City for irrigation at parks, landscape street medians, multi-family residential units and schools. Several industries use recycled water in industrial processes, cooling towers and for toilet flushing in dual plumbed facilities such as hotels and commercial buildings.

The recycled water distribution system is shown in Figure 3-4.

It is the purpose and intent of the City Council to require the use of recycled water for all non-potable uses where recycled water is made available per Santa Clara City code Article IV, Regulation of Recycled Water Service and Use, Section 13.15.160. Recycled Water must be utilized for this project to the maximum extent possible to supplant the use of potable water. Utilization of recycled water for approved uses is addressed during the development application process in order to promote sustainability and conservation of the City’s potable water supply. Expansion of the existing recycled water system is required to serve future uses.

City of Santa Clara 13 Water Supply Assessment / ECR Specific Plan Figure 3-4: Recycled Water Distribution System
Specific Plan Area
I City of Santa Clara, California
Updated: 6120!21
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City of Santa Clara 14 Water Supply Assessment / ECR Specific Plan

4. WATER SUPPLY PROJECTIONS

4.1 Supply Volumes
Historically, groundwater has been the predominant source of water used to meet water demand in the City. Since the last UWMP, the amount of recycled water used within the City has risen steadily. In 2023, recycled water represented 19.2% of total water sales. Purchased treated water from SFPUC and Valley Water represented 30.4% of the water portfolio during this period. There are efforts to minimize reliance on imported purchased water and maximize local groundwater resources. Table 5 shows the volume of water supplied for 2023.

Table 5: Water Supplies — Actual
Water Supply Additional Detail on
Water Supply
2023
Actual Volume Water Quality Total Right or Safe
Yield (opt)
Purchased or Imported
Water Valley Water 3,339 Drinking Water 4,560
Purchased or Imported
Water SFPUC 2,933 Drinking Water 5,041
Groundwater
(not desalinated) Wells 10,431 Drinking Water 23,048
Recycled Water SBWR 3,968 Recycled Water --
Total 20,671 32,649
NOTES: Purchased water from Valley Water is based on current contractual amount (total right). Purchased water from SFPUC is based on current contract allocation (total right). Groundwater safe yield is system capacity. Units of volume in AF.

City of Santa Clara 15 Water Supply Assessment / ECR Specific Plan

4.2 Projected Water Supply
Table 5-1A and Table 5-1B below show the City’s projected potable water supplies for 2025 to 2045.

Table 5-1A accounts for the possibility of an interruption of the City’s SFPUC water supply.

Table 5-1A: Water Supplies — Projected
Water Supply
Additional
Detail on
Water
Supply
Projected Water Supply
2025 2030 2035 2040 2045 (opt)
Reasonably
Available
Volume
Reasonably
Available
Volume
Reasonably
Available
Volume
Reasonably
Available
Volume
Reasonably
Available
Volume
Purchased or
Imported Water
Valley
Water 4,560 4,560 4,560 4,560 4,560
Purchased or
Imported Water SFPUC 5,041 0 0 0 0
Groundwater
(not
desalinated)
Wells 23,048 23,048 23,048 23,048 23,048
Recycled Water SBWR 4,570 5,489 6,586 7,908 9,488
Total 37,219 33,097 34,194 35,516 37,096
NOTES: Assumes interruption of SFPUC water supply after 2028. Units of volume in AF.

City of Santa Clara 16 Water Supply Assessment / ECR Specific Plan Table 5-1B: Water Supplies — Projected
Water Supply
Additional
Detail on
Water
Supply
Projected Water Supply
2025 2030 2035 2040 2045 (opt)
Reasonably
Available
Volume
Reasonably
Available
Volume
Reasonably
Available
Volume
Reasonably
Available
Volume
Reasonably
Available
Volume
Purchased or
Imported Water Valley Water 4,560 4,560 4,560 4,560 4,560 Purchased or
Imported Water SFPUC 5,041 5,041 5,041 5,041 5,041
Groundwater
(not
desalinated)
Wells 23,048 23,048 23,048 23,048 23,048
Recycled Water SBWR 4,570 5,489 6,586 7,908 9,488
Total 37,219 38,138 39,235 40,557 42,137
NOTES: Assumes no interruption of SFPUC water supply after 2028. Units of volume in AF.

4.3 Water Supply Reliability
The water service reliability assessment requires the comparison of supply and demand projections for three scenarios: (1) a normal year, (2) a single dry year, and (3) five consecutive dry years. The percent of total annual supply available for each scenario is based on projected availability of water supplies identified and cutbacks determined by the City’s wholesalers. Because allowable groundwater pumping is based only on the sustainable yield, groundwater supply availability is not expected to decrease during dry years. Additionally, recycled water is not dependent on climatic effects and is assumed to be unaffected by any drought conditions.

Table 6 presents the base years for each of the three conditions described above as well as the corresponding percentages of average water supply available during each year under these conditions.

City of Santa Clara 17 Water Supply Assessment / ECR Specific Plan Table 6: Basis of Water Year Data (Reliability Assessment) Year Type Base Year
Available Supplies if Year Type Repeats
Quantification of available supplies is provided in
this table as either volume only, percent only, or
both.

Volume Available % of Average Supply
Average Year 2020 32,649 100%
Single-Dry Year 1977 31,293 96%
Consecutive-Dry Years 1st Year 1988 31,293 96%
Consecutive-Dry Years 2nd Year 1989 31,529 97%
Consecutive-Dry Years 3rd Year 1990 29,686 91%
Consecutive-Dry Years 4th Year 1991 29,686 91%
Consecutive-Dry Years 5th Year 1992 29,686 91%
NOTES: All City water sources combined. Base years represent the year for which Valley Water’s analysis is based.

Volume available and percent of average supply is calculated based on the combination of available sources. Units of volume in AF.

Using the water supply and demand projections and the portion of supplies available during normal year, single dry year, and five consecutive dry year conditions summarized above, this section presents the comparison between projected supply and projected demand for each condition in five-year increments through 2045.

The City relies on imported water from Valley Water and the SFPUC. The City’s contract with the SFPUC is interruptible and may be unavailable after 2028. The SFPUC is scheduled to decide whether to make the City a permanent customer by December 2028. If the SFPUC supplies are interrupted, the City may need to increase use of Valley Water supplies.

In December 2018, the State Water Resources Control Board (SWRCB) adopted amendments to the Water Quality Control Plan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary Bay-Delta Plan (BDP) to establish water quality objectives to maintain the health of the Bay-Delta ecosystem. The SWRCB is required by law to regularly review this plan. The adopted Bay-Delta Plan was developed with the stated goal of increasing salmonid populations in three San Joaquin River tributaries (the Stanislaus, Merced, and Tuolumne Rivers) and the Bay-Delta. The BDP requires the release of 30-50% of the “unimpaired flow” on the three tributaries from February through June in every year type. In SFPUC modeling of the new flow standard, it is assumed that the required release is 40% of unimpaired flow.

City of Santa Clara 18 Water Supply Assessment / ECR Specific Plan If the Bay-Delta Plan is implemented, the SFPUC will be able to meet the projected water demands presented in this UWMP in normal years but would experience supply shortages in single dry years or multiple dry years. Implementation of the Bay-Delta Plan will require rationing in all single dry years and multiple dry years. The SFPUC has initiated an Alternative Water Supply Planning Program to ensure that San Francisco can meet its Retail and Wholesale Customer water needs, address projected dry years shortages, and limit rationing to a maximum 20% system-wide in accordance with adopted SFPUC policies. This program is in early planning stages and is intended to meet future water supply challenges and vulnerabilities such as environmental flow needs and other regulatory changes; earthquakes, disasters, and emergencies; increases in population and employment; and climate change. As the region faces future challenges – both known and unknown – the SFPUC is attempting to negotiate a voluntary agreement with the State Water Resources Control Board for the Sacramento-San Joaquin Delta that meets the State Board’s objectives for the Bay Delta while providing a reliable water supply for the water users in Alameda, Santa Clara, and San Mateo Counties. Additionally, SFPUC is considering this suite of diverse non-traditional supplies and leveraging regional partnerships to meet Retail and Wholesale Customer needs through 2045. On November 9, 2022, SFPUC signed a Memorandum of Understanding with a term of eight years with the State Water Resources Control Board that will provide increased flows to the Tuolumne River, improved fish habitat and ensure a reliable source of water supply for SFPUC residential and commercial customers. This MOU may lead to a permanent voluntary agreement.

Due to the uncertainty of the interruptible supply from the SFPUC, the City has analyzed supply reliability under two primary scenarios in the 2020 UWMP:
 Scenario 1: supply interruption due to contract termination in 2028.  Scenario 2: continued SFPUC supply beyond 2028.

Table 7-1A/B through Table 7-3A/B presents the service supply reliability assessment for each condition.

During normal water years, there are no reductions in supplies to retailers due to BDP implementation and water supplies should be adequate to meet projected demands in the 2025 to 2045 planning period as shown in the tables.

City of Santa Clara 19 Water Supply Assessment / ECR Specific Plan Table 7-1A: Normal Year Supply and Demand Comparison - (Scenario 1) 2025 2030 2035 2040 2045 (Opt)
Supply totals 37,219 33,097 34,194 35,516 37,096
Demand totals 24,043 25,836 27,697 29,557 31,676
Difference 13,176 7,261 6,497 5,959 5,420
NOTES: Assumes SFPUC supply does not exist beyond 2028 and BDP implementation in 2023. Units of volume in AF.

Table 7-1B: Normal Year Supply and Demand Comparison - (Scenario 2) 2025 2030 2035 2040 2045 (Opt)
Supply totals 37,219 38,137 39,235 40,557 42,136
Demand totals 24,043 25,836 27,697 29,557 31,676
Difference 13,176 12,301 11,538 11,000 10,460
NOTES: Assumes continued allocation from SFPUC beyond 2028 and BDP implementation in 2023. Units of volume in AF.

During a single dry year, the City projects no reduction in supplies from groundwater.

SFPUC has indicated that during a single critical dry year it will follow the Tier 2 reduction plan described in Section 7.3.2 of the 2020 UWMP. Under Scenario 1, the City can expect up to a 36% cutback in SFPUC supply through 2028 before supply termination. Under Scenario 2, the City can expect up to a 46% cutback in a single-dry year through 2045.

During a single critical dry year, there are no projected shortfalls in total available water supplies independent of whether the City receives or does not receive SFPUC water after contract negotiations with SFPUC in 2028.

Table 7-2A: Single Dry Year Supply and Demand Comparison 2025 2030 2035 2040 2045 (Opt)
Supply totals 35,404 33,097 34,194 35,516 37,096
Demand totals 24,043 25,836 27,697 29,557 31,676
Difference 11,361 7,261 6,497 5,959 5,420
NOTES: Assumes SFPUC supply does not exist beyond 2028 and reduced allocation from SFPUC due to BDP in 2023. Units of volume in AF.

Table 7-2B: Single Dry Year Supply and Demand Comparison 2025 2030 2035 2040 2045 (Opt)
Supply totals 35,404 36,323 37,420 38,692 39,818
Demand totals 24,043 25,836 27,697 29,557 31,676
Difference 11,361 10,486 9,723 9,135 8,141
NOTES: Assumes continued allocation from SFPUC beyond 2028 and reduced allocation from SFPUC due to BDP in 2023.

Units of volume in AF.

During a multiple dry year event, the City projects no reduction in supplies from groundwater. Valley Water is expected to continue to manage groundwater recharge for the sub-basin.

City of Santa Clara 20 Water Supply Assessment / ECR Specific Plan Based on supply reductions to the SFPUC RWS, during multiple dry years under Scenario 1, the City can expect a reduction of up to 45% by 2028. Under Scenario 2, the City can expect a cutback as much as 54% of normal by the 4th and 5th years of a dry consecutive period beginning in 2045.

Table 7-3A: Multiple Dry Years Supply and Demand Comparison 2025 2030 2035 2040 2045 (Opt)
First year
Supply totals 35,404 33,097 34,194 35,516 37,096
Demand totals 24,043 25,836 27,697 29,557 31,676
Difference 11,361 7,261 6,497 5,959 5,420
Second
year
Supply totals 34,951 33,097 34,194 35,516 37,096
Demand totals 24,043 25,836 27,697 29,557 31,676
Difference 10,908 7,261 6,497 5,959 5,420
Third
year
Supply totals 34,951 33,097 34,194 35,516 37,096
Demand totals 24,043 25,836 27,697 29,557 31,676
Difference 10,908 7,261 6,497 5,959 5,420
Fourth
year
Supply totals 34,951 33,097 34,194 35,516 37,096
Demand totals 24,043 25,836 27,697 29,557 31,676
Difference 10,908 7,261 6,497 5,959 5,420
Fifth
year
Supply totals 34,951 33,097 34,194 35,516 37,096
Demand totals 24,043 25,836 27,697 29,557 31,676
Difference 10,908 7,261 6,497 5,959 5,420
NOTES: Assumes SFPUC supply does not exist beyond 2028 and reduced allocation from SFPUC due to BDP in 2023. Units of volume in AF.

City of Santa Clara 21 Water Supply Assessment / ECR Specific Plan Table 7-3B: Multiple Dry Years Supply and Demand Comparison 2025 2030 2035 2040 2045 (Opt)
First
year
Supply totals 35,404 36,323 37,420 38,692 39,818
Demand totals 24,043 25,836 27,697 29,557 31,676
Difference 11,361 10,486 9,723 9,135 8,141
Second
year
Supply totals 34,951 35,869 36,916 38,238 39,818
Demand totals 24,043 25,836 27,697 29,557 31,676
Difference 10,908 10,033 9,219 8,681 8,141
Third
year
Supply totals 34,951 35,869 36,916 38,238 39,818
Demand totals 24,043 25,836 27,697 29,557 31,676
Difference 10,908 10,033 9,219 8,681 8,141
Fourth
year
Supply totals 34,951 35,869 36,916 37,936 39,414
Demand totals 24,043 25,836 27,697 29,557 31,676
Difference 10,908 10,033 9,219 8,379 7,738
Fifth
year
Supply totals 34,951 35,869 36,715 37,936 39,414
Demand totals 24,043 25,836 27,697 29,557 31,676
Difference 10,908 10,033 9,018 8,379 7,738
NOTES: Assumes continued allocation from SFPUC beyond 2028 and reduced allocation from SFPUC due to BDP in 2023.

Units of volume in AF.

Given the supply and demand comparison presented previously, the results of the supply reliability assessment can be summarized as follows:
• Normal Year – The City can anticipate meeting all water demands through 2045 under normal year supply conditions given the stated assumptions.
• Single Dry Year – The City can anticipate meeting all water demands through 2045 under single dry year supply conditions given the stated assumptions.
• Five Consecutive Dry Years – The City can anticipate meeting all water demands through 2045 under consecutive five dry-year supply conditions given the stated assumptions.

As shown in the tables above, the City would be able to increase the amount of groundwater pumped to meet reasonably anticipated deficiencies from other sources, thus supply is projected to be sufficient to meet demand out to 2045. The Santa Clara groundwater basin is not adjudicated, which means the right to pump groundwater from the basin has not been given by judgment of a court or board.

For each of the five-year increments presented above, the five-year dry period indicates that supplies will be able to meet demands through increased groundwater pumping and implementation of drought conservation programs. The City will be able to address the projected demands without rationing.

City of Santa Clara 22 Water Supply Assessment / ECR Specific Plan

5. PROPOSED SPECIFIC PLAN WATER DEMANDS
El Camino Real represents an increase in water demand of 491.8 AF/yr across the proposed Specific Plan area and over the historic water demand of 146.9 AF/yr. Average historical usage was calculated using the Project’s existing water demand from 2016-2020. The projected increase in demand, tabulated in Table 10 of this section, is within the modeled 2020 UWMP growth projections (Table 3 of this Assessment).

5.1 Water Demand to be Met by Recycled Water
Recycled water is currently available at the proposed Specific Plan location with potential connections at Grant Street, Lafayette Street, Madison Street, Monroe Street, Los Padres Boulevard, and Kiely Boulevard. As such, the Specific Plan will be required to connect to the existing recycled water system.

Santa Clara City Code, Chapter 13.15, Article IV - Regulation of Recycled Water Service and Use, Section

13.15.160 states that “(a) It is the purpose and intent of the City Council to prohibit the use of potable water for landscape irrigation where recycled water is made available and meets all applicable standards.” It also states that “(b) It is also the purpose and intent of the City Council to require the use of recycled water for all other non-potable uses where recycled water is made available, meets all applicable standards for those uses and is determined to be suitable and economically feasible therefor.” The Assessment has determined that the existing recycled water system is available to serve the Project and pending approval by South Bay Water Recycling and State Water Resources Control Board (SWRCB), recycled water should be utilized for this project to the maximum extent possible to supplant the use of potable water. Utilization of recycled water for approved uses and requirements is addressed during the development application process in order to promote sustainability and conservation of the City’s potable water supply. Expansion of the recycled water system to serve future uses may be required as deemed necessary.

The Specific Plan shall implement all applicable recycled water uses on-site including those not specifically addressed in this Assessment. Applicable recycled water uses would include those identified in Table 8 (i.e. irrigation). This development type has an overall water demand of approximately 14.1 AF/yr which could be offset by recycled water. This Specific Plan shall make every effort to offset the use of potable water. All recycled water line extensions for on-site use and demand would require approval from the City, South Bay Water Recycling, and State Water Resources Control Board - Division of Drinking Water.

5.2 Summary of Existing and Estimated Water Demands
A summary of the existing and estimated water demands for the Specific Plan is found in Table 8. The construction schedule for the Specific Plan is summarized in Table 9. The existing and estimated water demands are further broken down in Table 10 into projected annual demand increases based on construction schedule submitted by the Applicant. Water demands are provided in units of acre-feet/ yr.

City of Santa Clara 23 Water Supply Assessment / ECR Specific Plan Table 8 – Existing and Estimated Water Demand per Year for 2024 El Camino Real Specific Plan Status Water Source Development Units Gal/Day Acre-Ft/Yr Residential Proposed Potable 4,392 units 531,432.0 595.3 Retail -
Commercial Proposed Potable 524,467 Sq ft. 26,223.4 29.4 Irrigation Proposed Potable/Recycl
ed 162,891 Sq ft. 12,542.6 14.1
Historic Existing Potable Commercial (131,127.1) (146.9) Total Demand (increase per year) 439,070.9 491.8
Table 9 – 2024 El Camino Real Specific Plan Construction Schedule 2021-2025 2026-2030 2031-2035 2036-2040 2041-2045
Residential
(units) 0 2,196 1,229 614 353
Commercial
(Sq. ft.)
(Existing
Demolition) 288,457 164,857 42,002 29,151
Irrigation
(square feet) 0 69,156 58,635 34,854 246
Table 10 – 2024 El Camino Real Specific Plan Water Demand Increase (Acre-Ft/Yr) 2021-2025 2026-2030 2031-2035 2036-2040 2041-2045
Residential 0 297.6 166.6 83.2 47.8
Commercial (146.9) 16.2 9.2 2.4 1.6
Irrigation 0 6.0 5.1 3.0 0.02
Total (146.9) 319.8 180.9 88.6 49.5

5.3 Projected Water Demand for Other Proposed Projects
Table 11 shows a summary of the current projected water demand changes. Table 12 shows a summary of projected water demand changes including both the current projects and 2024 El Camino Real Specific Plan. The values in Table 11 and Table 12 are categorized by user type and the planning period in which the change is expected to occur. All values are in units of acre-feet per year. The listed user categories of Single Family, Multi-Family, Commercial, Industrial, Institutional, and Municipal match the user categories utilized in the development of the 2020 UWMP. Recycled water is included as an additional category. If a proposed project resulted in a change of use, such as a commercial building being converted to single-family residential housing, the existing water demand was subtracted from the corresponding category and the new water demand was added to the category for the new use.

City of Santa Clara 24 Water Supply Assessment / ECR Specific Plan Table 11 – Current Changes in Water Demand (Excluding 2024 El Camino Real Specific Plan) 2021-2025 2026-2030 2031-2035 2036-2040 2041-2045
Single Family 0.0 0.0 0.0 0.0 0.0
Multi-Family (25.8) 311.8 277.8 54.2 16.8
Commercial (56.1) 405.2 142.9 111.4 27.9
Industrial 26.7 0.0 0.0 0.0 0.0
Institutional 0.0 0.0 0.0 0.0 0.0
Municipal 0.0 0.0 0.0 0.0 0.0
Recycled 465.6 91.7 0.0 0.0 0.0
Total 410.4 810.7 420.7 165.6 44.7
Table 12 – Changes in Water Demand (Including 2024 El Camino Real Specific Plan) 2021-2025 2026-2030 2031-2035 2036-2040 2041-2045
Single Family 0.0 0.0 0.0 0.0 0.0
Multi-Family (25.8) 609.4 444.4 137.4 64.6
Commercial (203.0) 421.4 152.1 113.8 29.5
Industrial 26.7 0.0 0.0 0.0 0.0
Institutional 0.0 0.0 0.0 0.0 0.0
Municipal 0.0 0.0 0.0 0.0 0.0
Recycled 465.6 97.7 5.1 3.0 0.02
Total 263.5 1,130.5 601.6 254.2 94.1
Appendix A summarizes proposed water demands for projects assessed since the adoption of the 2020 UWMP.

Projected water demands listed in Appendix A include: 2901 Tasman Drive, Tasman East Specific Plan Amendment, 960 Central Expressway, Downtown Precise Plan, Mission Point Specific Plan, and El Camino Real Specific Plan.

6. Conclusion
This Assessment analyzed the impacts of changes in contractual limitations on water supply, proposed development projects, and other additional factors that have occurred since the original 2020 UWMP was developed and adopted. When the El Camino Real Specific Plan’s water demand was assessed with previous projects’ water demands, summarized in Table 12, the Specific Plan’s water demand was found to be within the growth projections shown in Table 3. Based on the analysis contained in this City of Santa Clara 25 Water Supply Assessment / ECR Specific Plan Assessment, the City of Santa Clara Water Utility has determined that supplies would be sufficient to provide service for the proposed Specific Plan.

Although the City has reverted the Water Shortage Contingency Plan Stage 2 back to Stage 0, the project is still encouraged to implement conservation and uphold water efficiency standards. In May of 2023, Santa Clara’s City Council adopted a resolution to terminate the Proclamation of Emergency Drought Conditions while continuing Stage 2 of the Water Shortage Contingency Plan and established a 15% Voluntary Water Use Reduction in keeping with Santa Clara Valley Water District’s Policy. In July of 2023. the Council adopted a resolution the rescind the Stage 2 Water Shortage Contingency Plan while continuing to implement SWRCB Water Use restrictions. The City continues to implement the State’s rulemaking around “Making Conservation a California Way of Life”, and the State’s Water Use Efficiency requirements as the City continues to lower its residential gallons per capita per day (RGPCD) and overall GPCD. As climate change continues to contribute to more frequent and severe droughts, developments must conserve water and increase the use of recycled water. The City is permanently adopting the drought adaptations it has made, making a conservation mindset and lifestyle that sustains Santa Clara regardless of California’s weather fluctuations.

Additionally, alternative water supplies should be utilized to the maximum extent possible, such as recycled water (see Water Demand to be Met by Recycled Water, Section 5.1). As identified in Section

5.1, applicable recycled water uses would include those identified in Table 8, such as irrigation. These development types have an overall water demand of approximately 11.2 AF/yr which could be offset by recycled water. This project is recommended to make every effort to offset the use of potable water for multiple applications such as dual-plumbed and industrial facilities. Additionally, rainwater/stormwater capture and reuse, greywater reuse, reclaiming wastewater onsite or other water supplies might need to be developed to offset potable water demand for this project.

City of Santa Clara 26 Water Supply Assessment / ECR Specific Plan Appendix A
Project Address Number Units Development Proposed
Water
Demand
(AF/yr)
Historical
Water
Demand
(AF/yr)
Water
Demand
Increase
(AF/yr)
Recycled
Water
Available?
Buildout
Completion
Date
2024 El
Camino Real
Specific Plan
Corridor
from
western
City
boundary
to Pratt Pl
4,392 Dwelling
Units
Residential 595.3
146.9 491.8
No
524,467 Sq. ft Commercial 29.4 No 2045
162,891 Sq. ft Irrigation 14.1 No
Mission
Point
3005
Democracy
Way
1,800 Dwelling
Units
Residential 244.0

2.3 646.4
No
2027
3,103,000 Sq. ft Commercial 311.0 No
10,000 Sq. ft Institutional 2.0 No
1,063,000 Sq. ft Irrigation 91.7 Yes
Downtown
Precise Plan TBD
1,574 Dwelling
Units
Residential 213.3

72.3 512.4
No
2045
867,400 Sq. ft Commercial 371.3 No
960 Central
Expressway*
960 Central
Expressway
44,600 Sq. ft Commercial

4.5 126.8 363.5
No
2025 866,612 Sq. ft Industrial 468.3 Yes
204,554 Sq. ft Irrigation 17.6 Yes
City of Santa Clara 27 Water Supply Assessment / ECR Specific Plan Tasman East
Specific Plan
Amendment
TBD
1,500 Dwelling
Units
Residential 203.3
-- 208.3
No
2035
50,000 Sq. ft Commercial 5.0 No
2901
Tasman
Drive
2901
Tasman
Drive
1,070,344 Sq. ft Commercial 131.9

16.9 121.4
No
2023
74,524 Sq. ft Irrigation 6.4 Yes
*Scenario 1 for 960 Central Expressway assessed to account for the maximum water demand that may be selected for future development
Resolution/ El Camino Real Specific Plan WSA Page 1 of 2 Rev: 9.16.25
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA,

APPROVING A WATER SUPPLY ASSESSMENT FOR THE EL

CAMINO REAL SPECIFIC PLAN
WHEREAS, the City of Santa Clara (“City”) approved and adopted the 2020 Urban Water Management Plan on June 22, 2021;
WHEREAS, California Water Code Section 10910 and Section 15155(b) of the Guidelines to the California Environmental Quality Act ("CEQA") require a water utility to prepare a Water Supply Assessment for development applications for "water-demand projects"; WHEREAS, the City is a public water supplier within the City limits and the City Council of the City of Santa Clara is the governing body of the City's public water system; WHEREAS, the City of Santa Clara requires that landscaping for projects be drought tolerant and recycled water be used for irrigation, cooling towers and other permitted uses when properties are proximate to recycled water resources to reduce the cumulative use of potable water;
WHEREAS, on March 7, 2023, the City Council authorized the preparation of a revised El Camino Real Specific Plan; and
WHEREAS, City Staff prepared a Water Supply Assessment for the El Camino Real Specific Plan (“WSA”) and presented it to the City Council for its consideration and approval at the Council meeting of September 23, 2025.

NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. Approval of WSA. The Council reviewed the WSA at a regular public meeting conducted on September 23, 2025. Based upon the data and conclusions set forth therein, and the evidence and testimony presented at the public meeting, the Council hereby finds that there is adequate water to supply the El Camino Real Specific Plan without creating a negative impact on the groundwater basin and that the City has an adequate supply to provide water for the El Camino Real Specific Plan during single or multiple dry years for at least a 20-year projection.

Resolution/ El Camino Real Specific Plan WSA Page 2 of 2 Rev: 9.16.25
Accordingly, the City Council hereby approves the WSA.

2. No Obligation to Act on the El Camino Real Specific Plan. The Council's action is limited to approving the WSA; approving the WSA does not constitute adoption or approval of the proposed El Camino Real Specific Plan. Nothing in this resolution or the Council's approval of the WSA shall be construed as requiring the City or its Council to consider, act on, approve, conditionally approve, deny, or take any other action on the proposed El Camino Real Specific Plan.

3.. Direction to Staff. Staff is hereby directed to include the WSA, the 2020 City of Santa Clara Urban Water Management Plan, and any other applicable Urban Water Management Plan related documents in the appendix of the Environmental Impact Report for the El Camino Real Specific Plan.

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 23rd DAY OF SEPTEMBER, 2025, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments incorporated by reference: None
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25-955 Agenda Date: 9/23/2025

REPORT TO COUNCIL

SUBJECT
Action to Update to the Downtown Community Task Force (DCTF) Roster

COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development

BACKGROUND
On October 2, 2018, the City Council held a study session to discuss the proposed Downtown Precise Plan and to provide input on the project scope and the member composition of a Downtown Community Task Force (DCTF) that would inform the planning process.

Community engagement is an integral part of the Downtown Precise Plan process to produce a final plan that is supported by the community and various stakeholders in Santa Clara, and that provides a clear vision for the ongoing development of the area over the next 20 to 30 years. The DCTF is advisory and is time-limited to the duration of the Precise Plan process. The DCTF meetings are formally noticed and open to the public. The purpose and mission of the Task Force is to provide input and help guide the process through:
§ Review and input during the first weeks of work on the scope of a Request for Proposals (RFP) for consultant services to support the planning effort; § High-level strategic thinking on the direction of the plan at key points in the project; § Review, interpretation, and guidance on the results of the public workshops and other engagement activities; and
§ Recommendations on the vision, land use, circulation, and key policy topics for the project area.

The DCTF serves in an advisory capacity, providing recommendations that the City Council evaluates along with input from staff, the Planning Commission, other regional agencies and boards, as well as additional studies and reports before making a final decision.

On December 4, 2018, and December 15, 2020, the City Council appointed the following individuals to the DCTF:
· Adam Thompson - Representative of Old Quad Residents Association (OQRA) · Dan Ondrasek - Representative of Reclaiming Our Downtown (ROD) · Butch Coyne - Representative of Santa Clara University (SCU) · Ana Vargas-Smith - Representative of the Historical and Landmarks Commission · Debra von Huene - Representative of the Cultural Commission City of Santa Clara Page 1 of 3 Printed on 9/19/2025
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25-955 Agenda Date: 9/23/2025
· Rob Mayer - Architect and Santa Clara resident
· Mathew Reed - member of El Camino Real Citizen Advisory Committee, Santa Clara District 2 resident and representative of SV@Home (advocates for affordable housing) · Chan Thai - Resident and faculty member at SCU
· Atisha Varshney - Resident
On December 5, 2023, the City of Santa Clara City Council adopted the Downtown Precise Plan and accompanying Form Based Zoning Code to implement the community’s vision and objectives for Downtown. As a part of the motion adopting the Precise Plan and Form Based Code, by consensus, the City Council directed staff to look into doing a nexus study to apply a Community Benefits Program (with a fee-based bonus structure) and ask the Downtown Community Task Force to return when the nexus study is complete to formulate a bonus program.

Through the RFP process, the City selected RSG, Inc. (“RSG”) as the City’s consultant. The scope of work for RSG include three to four meetings with the DCTF, as well as two community workshops.

Work on the Community Benefits Plan has commenced, and the consultant is ready for its first meeting with the DCTF. The entire development process is anticipated to be completed by September 2026.

As the DCTF prepares to reconvene for the upcoming meetings focused on the Community Benefits Program development, the roster needs to be updated to reflect members who have moved away or changed positions.

DISCUSSION
Task Force Member Thai is no longer able to participate. Santa Clara University has requested to update their representative to Sean Collins, who also serves as SCU’s representative on the Station Area Task Force (SATF). Butch Coyne will continue to serve on the DCTF as someone who is employed in the City of Santa Clara and not specifically representing the University. Member Reed no longer works at SV@Home, but will continue to participate as a Santa Clara resident. Member Varshney no longer lives in Santa Clara but owns property and will continue to participate as a Santa Clara property owner.

If these adjustments are approved, the DCTF roster will be as follows:
· Adam Thompson - Representative of Old Quad Residents Association (OQRA) · Dan Ondrasek - Representative of Reclaiming Our Downtown (ROD) · Ana Vargas-Smith - Representative of the Historical and Landmarks Commission · Debra von Huene - Representative of the Cultural Commission · Rob Mayer - Architect and Santa Clara District 5 Resident · Mathew Reed - member of El Camino Real Citizen Advisory Committee, Santa Clara District 2 Resident
· Butch Coyne - Employed in Santa Clara
· Sean Collins - Representative of Santa Clara University · Atisha Varshney - Santa Clara property owner

ENVIRONMENTAL REVIEW
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25-955 Agenda Date: 9/23/2025
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. On December 5, 2023, the City Council certified an Environmental Impact Report (EIR) for the Downtown Precise Plan. The Community Benefits Program will undergo environmental review for a determination as to whether it falls within the scope of the certified EIR, and if necessary, a supplemental environmental document will be brought to the City Council at the time when the Council considers the Program.

FISCAL IMPACT
There is no fiscal impact to the City for appointing members to the DCTF other than administrative staff time and expense.

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

RECOMMENDATION
Take the following actions with respect to the Downtown Community Task Force (DCTF): Appoint Sean Collins as the SCU representative, designate Butch Coyne as a representative of someone employed in Santa Clara, designate Atisha Varshney as a representative of a Santa Clara property owner, and approve the Updated DCTF Roster with these changes.

Reviewed by: Afshan Hamid, Director of Community Development Approved by: Jovan D. Grogan, City Manager
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25-959 Agenda Date: 9/23/2025

REPORT TO COUNCIL

SUBJECT
Appointment of a Santa Clara University Representative to the Santa Clara Station Area Plan Task Force (SATF)

COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development

BACKGROUND
On September 13, 2022, the City Council approved a Cooperative Agreement between the City of Santa Clara and the Valley Transportation Authority (VTA) for the preparation of the Santa Clara Station Area Plan. As presented at the hearing, the community engagement strategy includes the formation of a Station Area Task Force (SATF).

Community engagement is an integral part of the Santa Clara Station Area Plan process to produce a final plan that is supported by the community and various stakeholders in Santa Clara, and that provides a clear vision for the ongoing development of the area over the next 20 to 30 years. The SATF is advisory and non-voting, and is time limited to the duration of the Plan process. The SATF meetings are formally noticed and open to the public. The SATF serves in an advisory capacity, providing input and feedback on the redevelopment of the station area. This feedback is considered alongside input from City departments, regional stakeholders, the Planning Commission, and the City Council. City Council has the final approval authority on the Station Area Specific Plan.

On December 6, 2022, the City Council reviewed the recommended SATF members and appointed the following seven individuals:
§ Jonathon Evans - Representative of Old Quad Residents Association (OQRA) § Dan Ondrasek - Representative of Reclaiming Our Downtown (ROD) § Dave Schoenwetter - Representative of Santa Clara University (SCU) § Patricia Leung - Representative of the Historical and Landmarks Commission § Candida Diaz - Representative of the Cultural Commission § Rob Mayer - Architect and Santa Clara resident
§ Jane Casamajor - Representative of the Bicycle Pedestrian Advisory Committee (BPAC) Following an application and interview process, the City Council appointed four additional members to the SATF on April 11, 2023:
§ Jill Hough - Professional Transportation Planner
§ Dylan Plane - Real estate professional
§ Michael Stockwell - Chairman of the South Bay Historical Railroad Society City of Santa Clara Page 1 of 3 Printed on 9/19/2025
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25-959 Agenda Date: 9/23/2025
§ Ray Hashimoto - Planning consultant and Santa Clara resident In November 2023, Jane Casamajor, who represented the BPAC on the SATF, resigned and the BPAC selected and, subsequently City Council appointed, Sukrit Ganesh to the SATF.

In November 2024, Candida Diaz, who represented the Cultural Commission on the SATF, resigned from the SATF. Jonathan Marinaro was appointed to the SATF to represent the Cultural Commission.

In May 2025, Ray Hashimoto, a Planning consultant and Santa Clara resident, passed away. He was replaced with the already appointed alternate SATF member Daniel Huynh.

In June 2025, Sukrit Ganesh (BPAC) and Jonathan Marinaro (Cultural Commission) concluded their terms on their respective committees. In August 2025, Council appointed Vernon Shure to represent the BPAC and Neetu Garg to represent the Cultural Commission on the SATF.

Following Dave Schoenwetter’s retirement from SCU, the university has nominated Sean Collins, Assistant Vice President for University Operations, to serve as his replacement representing SCU on the SATF.

DISCUSSION
SCU has nominated Sean Collins, Assistant Vice President for University Operations, to replace Dave Schoenwetter as the university’s representative on the task force.

If appointed, the SATF roster will be as follows:
§ Jonathon Evans - Representative of Old Quad Residents Association (OQRA) § Dan Ondrasek - Representative of Reclaiming Our Downtown (ROD) § Sean Collins - Representative of Santa Clara University (SCU) § Patricia Leung - Representative of the Historical and Landmarks Commission § Neetu Garg - Representative of the Cultural Commission § Rob Mayer - Architect and Santa Clara resident
§ Vernon Shure - Representative of BPAC
§ Jill Hough - Professional Transportation Planner
§ Dylan Plane - Real estate professional
§ Michael Stockwell - Chairman of the South Bay Historical Railroad Society § Daniel Huynh - Alternate appointed in June 2025

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. The Santa Clara Station Area Plan itself will undergo environmental review and an environmental document will be brought to the City Council at the time when the Council considers the Plan.

FISCAL IMPACT
There is no fiscal impact to the City for appointing the Santa Clara Station Area Plan Task Force City of Santa Clara Page 2 of 3 Printed on 9/19/2025
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25-959 Agenda Date: 9/23/2025
other than administrative staff time and expense.

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

RECOMMENDATION
Appoint Sean Collins to represent SCU on the SATF.

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Informational Report on Stadium Authority and Stadium Manager Meetings for the Period of October 1 to December 31, 2024

BOARD PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
On August 24, 2017, the Stadium Authority approved the Harvey Rose Audit titled “Comprehensive Audit of Stadium”. Audit recommendation 1.Q states that “the Stadium Authority Board should direct the Executive Director to require that all meetings, including the date and purpose of the meetings, between Stadium Authority and Stadium Manager staff be documented and reported quarterly or annually to the Stadium Authority Board.” Staff has implemented this audit recommendation on a quarterly basis.

At the August 25, 2020 meeting, the Stadium Authority Board provided additional direction to staff to prepare minutes for all future Stadium Authority and Stadium Manager staff meetings.

DISCUSSION
In accordance with the Board approved audit recommendation, meetings between Stadium Authority and Stadium Manager staff for the period of October 1 to December 31, 2024 are listed below. The attendees and topics discussed at these meetings are included in this report as Attachment 1.

Date Meeting Purpose
10/02/2024 Weekly Accounting Status Meeting (virtual)
10/02/2024 Stadium Authority CapEx Procurement Discussion (phone) 10/03/2024 Great Plains Upgrade ManCo Meeting (virtual) 10/03/2024 FIFA World Cup 2026 Assignment and Assumption Agreement Meeting (virtual)
10/04/2024 CapEx Check-In Meeting (virtual)
10/07/2024 Stadium Capital Projects Coordination - Critical Path Meeting (virtual) 10/11/2024 FIFA World Cup 2026 Assignment and Assumption Agreement Meeting (virtual)
10/16/2024 Financial Management System Managed Services Status Meeting (virtual)
10/18/2024 FIFA World Cup 2026 Assignment and Assumption Agreement Meeting (virtual)
10/21/2024 Stadium Capital Projects Coordination - Critical Path Meeting (virtual) 10/21/2024 49ers Grant Commitment Meeting (virtual)
10/21/2024 Armanino/SCSA MS Licensing with InTwo Meeting (virtual) City of Santa Clara Page 1 of 3 Printed on 9/19/2025
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25-66 Agenda Date: 9/23/2025
10/07/2024 Stadium Capital Projects Coordination - Critical Path Meeting (virtual) 10/11/2024 FIFA World Cup 2026 Assignment and Assumption Agreement Meeting (virtual)
10/16/2024 Financial Management System Managed Services Status Meeting (virtual)
10/18/2024 FIFA World Cup 2026 Assignment and Assumption Agreement Meeting (virtual)
10/21/2024 Stadium Capital Projects Coordination - Critical Path Meeting (virtual) 10/21/2024 49ers Grant Commitment Meeting (virtual)
10/21/2024 Armanino/SCSA MS Licensing with InTwo Meeting (virtual) 10/23/2024 Weekly Accounting Status Meeting (virtual)
10/23/2024 Various Stadium Issues Meeting (virtual)
10/28/2024 ERP Pre-Demo Sync Meeting (virtual)
10/28/2024 SCSA/Stadium Manager Monthly Coordination Meeting (in person) 10/29/2024 D365BC Demo Meeting (virtual)
11/01/2024 CapEx Check-In Meeting (virtual)
11/02/2024 Stadium Capital Projects Coordination - Critical Path Meeting (virtual) 11/06/2024 Various FIFA World Cup 2026 and Stadium Issues Meeting (virtual) 11/06/2024 City, Stadium Authority, and Bay Area Host Committee Assignment Agreement Meeting (virtual)
11/13/2024 Stadium Capital Projects Coordination - Critical Path Meeting (virtual) 11/13/2024 Weekly Accounting Status Meeting (virtual)
11/13/2024 City/Stadium Authority/Bay Area Host Committee/ManCo FIFA World Cup 2026 Assignment and Assumption Agreement Negotiations Meeting (in person)
11/14/2024 Various FIFA World Cup 2026 and Stadium Issues Meeting (in person) 11/15/2024 CapEx Check-In Meeting (virtual)
11/18/2024 Stadium Capital Projects Coordination - Critical Path Meeting (virtual) 11/19/2024 Various FIFA World Cup 2026 Issues Meeting (virtual) 11/20/2024 Weekly Accounting Status Meeting (virtual)
11/21/2024 FIFA World Cup 2026 Assignment and Assumption Agreement Meeting (virtual)
11/26/2024 ERP Upgrade Sync Meeting (virtual)
12/03/2024 FIFA Issues Meeting (virtual)
12/04/2024 Various Stadium Issues Meeting (virtual)
12/06/2024 Stadium Authority/Stadium Manager Quarterly Status Meeting (virtual) 12/08/2024 Business Central Upgrade Sync Meeting (virtual) 12/10/2024 FIFA World Cup Study Session and Assignment and Assumption Agreement Meeting (virtual)
12/11/2024 Weekly Accounting Status Meeting (virtual)
12/13/2024 Various Stadium Issues Meeting (virtual)
12/16/2024 Stadium Capital Projects Coordination - Critical Path Meeting (virtual) 12/16/2024 Super Bowl LX Costs and Interim Funding Agreement Meeting (virtual) 12/19/2024 ManCo Budget Finance Check-In Meeting (in person) City of Santa Clara 12/19/2024 Various Stadium and FIFA World Cup 2026 Issues (virtual) Page 2 of 3 Printed on 9/19/2025 powered by Legistar™
25-66 Agenda Date: 9/23/2025
//0eey ccoutg Status eetg (tua)
12/13/2024 Various Stadium Issues Meeting (virtual)
12/16/2024 Stadium Capital Projects Coordination - Critical Path Meeting (virtual) 12/16/2024 Super Bowl LX Costs and Interim Funding Agreement Meeting (virtual) 12/19/2024 ManCo Budget Finance Check-In Meeting (in person) 12/19/2024 Various Stadium and FIFA World Cup 2026 Issues (virtual)

FISCAL IMPACT
There is no fiscal impact related to this item aside from administrative time to prepare this report.

COORDINATION
This report has been coordinated with the Stadium Authority Counsel and Treasurer’s Offices.

RECOMMENDATION
Note and file the quarterly report on Stadium Authority and Stadium Manager staff meetings and corresponding summaries for the period of October 1 to December 31, 2024.

Reviewed by: Chuck Baker, Assistant Executive Director
Approved by: Jovan D. Grogan, Executive Director

ATTACHMENTS

1. Stadium Authority and Stadium Manager Meeting Summaries for the Period of 10/1/24 to 12/31/24 City of Santa Clara Page 3 of 3 Printed on 9/19/2025
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Weekly Accounting Status Meeting
Date: 10/02/2024; 2:30 pm to 2:41 pm
Teams Meeting: Tyler Cook and Brenda Lee (SCSA); Brent Ghan and Caitlin Ritchie (Stadium Manager)

1. Financial Management System Q1 invoices

2. Great Plains System Upgrade
Stadium Authority CapEx Procurement Discussion
Date: 10/02/2024; 4:41 pm to 5:32 pm
Phone Meeting: Christine Jung and Elycia Knight (City/SCSA); Jenti Vandertuig (Stadium Manager)

1. Discussion of Stadium Authority CapEx project procurement process

2. Status of pending and upcoming Stadium Authority CapEx bids Great Plains Upgrade ManCo Meeting
Date: 10/03/2024; 11:00 am to 11:53 am
Zoom Meeting: Kenn Lee, Tyler Cook, and Brenda Lee (SCSA); Jeff Fong, Chris Steele, and Brent Ghan (Stadium Manager)

1. High level project update

2. Review SCSA questions regarding the upgrade
Date: 10/3/2024, 3:00 p.m.

Teams Meeting:

For Santa Clara Stadium Authority:

Glen R. Googins, Stadium Authority Counsel
For Stadium Manager:

Jihad Beauchman
For Bay Area Host Committee:

Sonia Nayak
Robert Weikert

1. FIFA World Cup 2026 Assignment and Assumption Agreement CapEx Check-In
Date: 10/4/2024; 12:30 pm to 1:00 pm
Zoom Meeting: Elycia Knight (SCSA) and Ryan Van Maarth (Stadium Manager) Discussion:
• Check-In on Capital Project Design and Construction
Timelines
• Invoicing
• Temporary Boiler and Field Lights Request for Bid Discussion Stadium Capital Projects Coordination - Critical Path
Date: 10/07/2024; 11:00 am to 12:00 pm
Zoom Meeting: Elycia Knight, Reena Brilliot, Chuck Baker, Armand Lobao, and Nimisha Agrawal (City/SCSA); Amber Luther (Populous); Joseph Crummet (DevCon); Ryan Van Maarth and Francine Hughes (Stadium Manager)
Discussion:
• Update on Capex Design and Construction Schedule
• Video Board Design
• CEQA studies – Noise and Glare
• FAA and Land Use commission Next Steps
• Update on Concert Permit Review Progress
• Bowl Modifications Discsussion
Date: 10/11/2024, 1:30 p.m.

Zoom Meeting:

For Santa Clara Stadium Authority:

Glen R. Googins, Stadium Authority Counsel
For Stadium Manager:

Jihad Beauchman
For Bay Area Host Committee:

Sonia Nayak
Robert Weikert

1. FIFA World Cup 2026 Assignment and Assumption Agreement Financial Management System
Managed Services Status Meeting
Date: 10/16/2024; 2:00 pm to 2:11 pm
Zoom Meeting: Tyler Cook, Brenda Lee, and David Presley (SCSA); Brent Ghan (Stadium Manager); Chad Hundley (Armanino)

1. Available system review, available support hours and academy courses

2. FY 2023/24 audit complete, ManCo to schedule year-end close in GP Date: 10/18/2024, 3:00 p.m.

Zoom Meeting:

For Santa Clara Stadium Authority:

Glen R. Googins, Stadium Authority Counsel
For Stadium Manager:

Jihad Beauchman
For Bay Area Host Committee:

Sonia Nayak
Robert Weikert

1. FIFA World Cup 2026 Assignment and Assumption Agreement Stadium Capital Projects Coordination - Critical Path
Date: 10/21/2024; 11:00 am to 12:00 pm
Zoom Meeting: Elycia Knight, Reena Brilliot, Chuck Baker, Armand Lobao, and Nimisha Agrawal (City/SCSA); Amber Luther (Populous); Ryan Van Maarth and Francine Hughes (Stadium Manager); Joseph Crummet and Sylvester Ramirez (DevCon).

Discussion:
• Video Board Design
• CEQA Studies – Noise and Glare
• FAA and Land Use Commission Next Steps
49ers Grant Commitment
Date: 10/21/2024; 11:30am – 12:00pm
Microsoft Teams Meeting: Christine Jung, Laura Sunseri (City/SCSA), and Elijah Lefkow (49ers)

1. Overview of the “49ers Cares” program managed by the 49ers

2. Discuss 49ers’ request to acknowledge “49ers Cares” on applicable grants awarded with the 49ers Grant Commitment funds, through the available channels in the normal Community Grant Program process
Armanino/SCSA MS Licensing with InTwo
Date: 10/21/2024; 11:30 am to 11:45 am
Zoom Meeting: Tyler Cook, Gill Norris, and Chris Jackson (City/SCSA); Brent Ghan and Paul McClendon (Stadium Manager); Chad Hundley (Armanino); Giles Zollar (Armanino); Heesu Lim (InTwo)

1. InTwo/MS Licensing
Weekly Accounting Status Meeting
Date: 10/23/2024; 2:30 pm to 3:20 pm
Teams Meeting: Linh Lam, Tyler Cook, and Brenda Lee (SCSA); Brent Ghan and Caitlin Ritchie (Stadium Manager)

1. FY 2023/24 SSE True-Up

2. CapEx Budget Amendments for FY 2024/25

3. FY 2022/23 Financial Management System Selections
Date: 10/23/2024, 4:00 p.m.

Teams Meeting:

For Santa Clara Stadium Authority:

Glen R. Googins, Stadium Authority Counsel
For Stadium Manager:

Jihad Beauchman

1. Various Stadium Issues
ERP Pre-Demo Sync Meeting
Date: 10/28/2024; 11:00 am to 11:35 am
Zoom Meeting: Linh Lam, Tyler Cook, and Brenda Lee (SCSA); Caitlin Richie, Chris Steele, and Brent Ghan (Stadium Manager)

1. SCSA use/processes in Great Plains

2. Upgrade implementation/environment

STADIUM AUTHORITY/STADIUM MANAGER

MONTHLY COORDINATION MEETING
October 28, 2024 | 3:30 p.m. – 4:30 p.m.

Santa Clara City Hall – Sparacino Conference Room

ATTENDEES
City/Stadium Authority
• Chuck Baker, Assistant City
Manager/Assistant Executive
Director
• Christine Jung, Deputy City
Manager
49ers/Stadium Manager
• Francine Melendez Hughes,
Executive Vice President &
General Manager
• Peter Wilhelm, Chief Financial
Officer
AGENDA

1. Capital Improvement Projects (CIP)
Discussion of a Verizon distributed antenna system (DAS) permit and ongoing coordination between the City, Stadium Manager, and the applicant.

2. Guidepost
Discussion of the status of the third-party security assessment reports being prepared by Guidepost Solutions and a proposed amendment to the service agreement to capture project schedule and scope.

3. Fanatics Agreement
Discussion of a proposed agreement with Fanatics for Non-NFL Event merchandise concession services. Topics included sole source criteria, NFL and industry practice and guidance, current merchandise concession operations during Non-NFL Events, and inventory space at the Stadium.

4. StadCo Advertising and Sponsorship Category Exclusivity Discussion – Calendar Meeting Stadium Authority requested a meeting to discuss and understand StadCo’s advertising and sponsorship categories and potential impacts to the City’s ability to procure naming rights for the Convention Center.

5. 2026 and 2025 Opportunity Costs Discussion – Calendar Meeting Discussion of the stadium market trend analysis being performed by the Stadium Authority’s consultant, Canyon Oaks, and potential items to assess regarding 2025/2026 data/trends.

6. Stars and Stripes Parking Lot Complaints
Discussion of general complaints received by the City/Stadium Authority regarding Stadium’s use of the Stars and Stripes Parking Lot and how the lot is used by the Stadium Manager, commuters, and community. Stadium Manager and Santa Clara Police Department are scheduling a separate meeting to discuss the reservation of spaces for Stadium events.

7. Janitorial Procurement RTC
Discussion of agendizing the janitorial service agreement for Board action in December, janitorial operations at the Stadium, and related costs.

8. Misc. Items
Discussion of the scheduled enterprise resource planning (ERP) demo and the existing system. The new system will provide improved reports and includes Open AI and Fabric.

D365BC Demo Meeting
Date: 10/29/2024; 11:00 am to 11:45 am
Teams Meeting: Kenn Lee, Linh Lam, David Presley, Chuck Baker, and Christine Jung (SCSA); Jeff Fong, Brent Gahn, Catlin Richie, Chris Steele, and Alex Acton (Stadium Manager); Rebecca Bunas, Jack Peterson, Giles Zollar, and Jay Graham (Armanino)

1. Demo of MS Business Central (GP Upgrade)

2. Upgrade Implementation/Environment

3. Software Licensing

4. Training

5. Managed Services Plan
CapEx Check-In
Date: 11/1/2024; 12:30 pm to 1:00 pm
Zoom Meeting: Elycia Knight (SCSA) and Ryan Van Maarth (Stadium Manager) Discussion:
• Check in on Capital Project Design and Construction Timelines. • Invoicing
• Temporary Boiler and Field Lights Request for Bid Discussion Stadium Capital Projects Coordination - Critical Path
Date: 11/2/2024; 11:00 am to 12:00 pm
Zoom Meeting: Elycia Knight, Reena Brilliot, Chuck Baker, Nimisha Agrawal, Lesley Xavier, and Alexander Abbe (City/SCSA); Francine Hughes and Ryan Van Maarth (Stadium Manager)
Discussion:
• Video Board Design and Permitting
• CEQA Studies – Noise and Glare
• FAA and Land Use Commission Next Steps
• Naming Rights Request for Bids Discussion
Date: 11/6/2024, 10:00 a.m.

Teams Meeting:

For Santa Clara Stadium Authority:

Glen R. Googins, Stadium Authority General Counsel
For Stadium Manager:

Jihad Beauchman

1. Various FIFA World Cup 2026 and Stadium Issues
Date: 11/6/2024, 3:30 p.m.

Zoom Meeting:

For Santa Clara Stadium Authority:

Jovan D. Grogan, Executive Director
Glen R. Googins, Stadium Authority Counsel
Elizabeth Klotz, Assistant City Manager
For Stadium Manager:

Jihad Beauchman
For Bay Area Host Committee:

Zaileen Janmohamed
Sonia Nayak

1. City of Santa Clara/Santa Clara Stadium Authority and Bay Area Host Committee Assignment Agreement
Stadium Capital Projects Coordination - Critical Path
Date: 11/13/2024; 11:00 am to 12:00 pm
Zoom Meeting: Elycia Knight, Reena Brilliot, Chuck Baker, Nimisha Agrawal, Lesley Xavier, and Alexander Abbe (City/SCSA); Ryan Van Maarth (Stadium Manager), Discussion:
• Video Board Design and Permitting
• CEQA Studies – Noise and Glare
• FAA and Land Use Commission Next Steps
• Naming Rights Request for Bids Discussion
Weekly Accounting Status Meeting
Date: 11/13/2024; 2:30 pm to 2:39 pm
Teams Meeting: Tyler Cook and Brenda Lee (SCSA); Brent Ghan (Stadium Manager)

1. Q2 Non-NFL Event Financial Report

2. Pivot Interiors CapEx Invoice

3. Public Safety Cost Invoices
Date: 11/13/2024, 3:00 p.m.

In Person Meeting:

For Santa Clara Stadium Authority:

Jovan D. Grogan, Executive Director
Glen R. Googins, Stadium Authority General Counsel
Chuck Baker, Assistant City Manager
Elizabeth Klotz, Assistant City Manager
For Stadium Manager:

Jihad Beauchman
For Bay Area Host Committee:

Zaileen Janmohamed
Karina Herold
Sonia Nayak
Ruth Shikada
Becca Smith
Robert Weikert

1. City of Santa Clara/Santa Clara Stadium Authority, Bay Area Host Committee, and ManCo FIFA World Cup 2026 Assignment and Assumption Agreement Negotiations Date: 11/14/2024, 5:00 p.m.

In Person Meeting:

For Santa Clara Stadium Authority:

Glen R. Googins, Stadium Authority General Counsel
For Stadium Manager:

Jihad Beauchman

1. Various FIFA World Cup 2026 and Stadium Issues
CapEx Check-In
Date: 11/15/2024; 12:30 pm to 1:00 pm
Zoom Meeting: Elycia Knight (SCSA) and Ryan Van Maarth (Stadium Manager) Discussion:
• Check-in on Capital project design and construction timelines.

Stadium Capital Projects Coordination - Critical Path
Date: 11/18/2024; 11:00 am to 12:00 pm
Zoom Meeting: Elycia Knight, Reena Brilliot, Chuck Baker, Nimisha Agrawal, Lesley Xavier, and Alexander Abbe (City/SCSA); Francine Hughes and Ryan Van Maarth (Stadium Manager)
Discussion:
• Video Board Design and Permitting
• CEQA Studies – Noise and Glare
• FAA and Land Use Commission Next Steps
• Naming Rights Request for Bids Discussion
Date: 11/19/2024, 11:00 a.m.

Teams Meeting:

For Santa Clara Stadium Authority:

Glen R. Googins, Stadium Authority Counsel
For Stadium Manager:

Jihad Beauchman

1. Various FIFA World Cup 2026 Issues
Weekly Accounting Status Meeting
Date: 11/20/2024; 2:30pm to 2:44pm
Teams Meeting: Linh Lam, Tyler Cook, and Brenda Lee (SCSA); Brent Ghan and Caitlin Ritchie (Stadium Manager)

1. Financial Management System testing

2. KPMG agreed upon procedure

3. ERP implementation
Date: 11/21/2024, 6:00 p.m.

Teams Meeting:

For Santa Clara Stadium Authority:

Glen R. Googins, Stadium Authority Counsel
For Stadium Manager:

Jihad Beauchman
For Bay Area Host Committee:

Sonia Nayak

1. FIFA World Cup 2026 Assignment and Assumption Agreement ERP Upgrade Sync Meeting
Date: 11/26/2024; 11:00 am to 12:00 pm
Teams Meeting: Linh Lam and Tyler Cook (SCSA); Caitlin Richie and Chris Steele (Stadium Manager)

1. Licensing

2. Managed Services Agreement with Armanino

3. Legacy Data

4. Upgrade Timeline

5. Microsoft Business Central Training
Date: 12/3/2024, 5:30 p.m.

Teams Meeting:

For Santa Clara Stadium Authority:

Glen R. Googins, Stadium Authority Counsel
For Stadium Manager:

Jihad Beauchman

1. Touch Base re FIFA Issues
Date: 12/4/2024, 5:30 p.m.

Zoom Meeting:

For Santa Clara Stadium Authority:

Jovan D. Grogan, Executive Director
Glen R. Googins, Stadium Authority Counsel
For Stadium Manager:

Jihad Beauchman
For Bay Area Host Committee:

Zaileen Janmohamed
Sonia Nayak

1. Various Stadium Issues
Stadium Authority / Stadium Manager Quarterly Status Meeting Date: 12/6/2024; 12:00 pm to 12:45 pm
Teams Meeting: Chuck Baker and Elycia Knight (City/Stadium Authority); Francine Hughes, Peter Wilhelm, and Emily Eskin (49ers/Stadium Manager)

1. Financial Performance of Past Non-NFL Events
a. Preliminary numbers show strong results but complete numbers are forthcoming

2. Status of Future Non-NFL Events
a. Booked Events - 2 events in 2025
b. Pipeline Events – 6+ events in 2025

3. Private Parking Agreements
a. Reviewed executed Private Parking Agreements
b. Discussed optimization measures for ongoing negotiations for private parking agreements

4. Discussed handling/POC of recent Fan Complaints

5. Discussed Stripes and Stars parking lot issues

6. CIP Projects Update – on track to begin construction in late 12/2025 a. Discussed Yellow lot 1 – hours of operation
Business Central Upgrade Sync Meeting
Date: 12/08/2024; 1:00 pm to 2:00 pm
Teams Meeting: Linh Lam, Tyler Cook, Kenn Lee, Chuck Baker, and Christine Jung (SCSA); Jeff Fong, Chris Steele, and Peter Wilhelm (Stadium Manager)

1. Upgrade Timing

2. Managed Services Agreement with Armanino

3. Licensing

4. Training

5. Migration of Legacy Data
Date: 12/10/2024, 5:15 p.m.

Teams Meeting:

For Santa Clara Stadium Authority:

Glen R. Googins, Stadium Authority Counsel
For Stadium Manager:

Jihad Beauchman
For Bay Area Host Committee:

Sonia Nayak
Robert Weikert

1. FIFA World Cup Study Session and Assignment and Assumption Agreement Weekly Accounting Status Meeting
Date: 12/11/2024; 2:30 pm to 2:36 pm
Teams Meeting: Tyler Cook and Brenda Lee (SCSA); Brent Ghan (Stadium Manager)

1. Auditor Selection for FinCo and StadCo

2. Non-NFL Event Parking Revenue

3. Fiscal Year 2022/23 Shared Expense

4. Agreed Upon Procedure Audit
Date: 12/13/2024, 5:30 p.m.

Teams Meeting:

For Santa Clara Stadium Authority:

Glen R. Googins, Stadium Authority Counsel
For Stadium Manager:

Jihad Beauchman

1. Touch Base re Stadium Issues
Stadium Capital Projects Coordination - Critical Path
Date: 12/16/2024; 9:00 am to 10:00 am
Zoom Meeting: Elycia Knight, Reena Brilliot, Chuck Baker, and Nimisha Agrawal (City/SCSA); Ryan Van Maarth (Stadium Manager)
Discussion:
• Permit Progress for Critical Projects
• Video Board Design and Permitting
• CEQA Studies – Noise and Glare
• FAA and Land Use Commission Next Steps
Date: 12/16/2024, 2:00 p.m.

Teams Meeting:

For Santa Clara Stadium Authority:

Jovan D. Grogan, Executive Director
Glen R. Googins, Stadium Authority Counsel
Chuck Baker, Assistant City Manager
For Stadium Manager:

Jihad Beauchman
For Bay Area Host Committee:

Zaileen Janmohamed
Karina Herold
Sonia Nayak
Ruth Shikada
Robert Weikert

1. Super Bowl LX Costs and Interim Funding Agreement
ManCo Budget Finance Check-In Meeting
Date: 12/19/2024; 3:30 pm to 5:45 pm
In Person Meeting at Starbucks, 2030 Wyatt Dr #110, Santa Clara, CA 95054: Kenn Lee (City/SCSA); Jeff Fong and Chris Steele (Stadium Manager)

1. SCSA Budget Submittal

2. Auditor for StadCo, Stadium Financing Trust

3. Document Review Schedule

4. Upcoming SCSA Audit RFP
Date: 12/19/2024, 4:30 p.m.

Teams Meeting:

For Santa Clara Stadium Authority:

Glen R. Googins, Stadium Authority Counsel
For Stadium Manager:

Jihad Beauchman

1. Touch Base re Various Stadium and FIFA World Cup 2026 Issues City of Santa Clara
Agenda Report
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25-1012 Agenda Date: 9/23/2025

REPORT TO COUNCIL

SUBJECT
Report on Community Engagement Major Events 2026, and Request for City Council Action on Logo and Slogan

BACKGROUND
The City of Santa Clara (City) hosted Super Bowl 50 in 2016. Back then, in anticipation of hosting the first Super Bowl at Levi’s® Stadium (Stadium) the City adopted strategic objectives that included developing a plan for city-sponsored community events leading up to the Super Bowl; and an Outreach Program for Santa Clara businesses to become involved in with the Super Bowl 50 Business Connect Program. Santa Clara developed a Slogan “The Center of What’s Possible” and branding tagline “50 Awesome Things to do in Santa Clara”. The City also hired an event management service consultant to assist in producing the community events; Super Black and Gold Ball, Super Community Celebration (including concert at Santa Clara University), and Super Community Exhibit at Triton Museum of Art. Additional events included Art unveiling: “Anything’s Possible”, Super Community 5k/10K/Fun Run, STEM Innovation Bowl among others.

In 2026, City will be hosting two major sporting events Super Bowl LX (SBLX) and six Fédération Internationale de Football (FIFA) Men’s World Cup 2026 (FWC26) matches at the Stadium.

The Super Bowl is the annual championship game of the National Football League (NFL). It serves as the final game of every NFL season and is generally played on the second Sunday in February.

SBLX will be held at the Stadium on February 8, 2026.

The FIFA Men’s World Cup is an international soccer competition between the national teams of the FIFA, the sport's international governing body. The World Cup is held every four years and is the most prestigious association soccer tournament in the world, as well as the most widely viewed and followed single sporting event. The six FWC26 matches hosted at the Stadium will be held:
· Match 8 | Group Stage | Saturday, June 13
· Match 20 | Group Stage | Tuesday, June 16
· Match 31 | Group Stage | Friday, June 19
· Match 44 | Group Stage | Monday, June 22
· Match 60 | Group Stage | Thursday, June 25
· Match 81 | Round of 32 | Wednesday, July 1

DISCUSSION
The 2026 Super Bowl and FIFA Major Events represent a once-in-a-generation opportunity to showcase Santa Clara’s cultural vitality, strengthen community pride, and support local businesses.

Recognizing the importance of being the only city to host both events, the City Council has taken City of Santa Clara Page 1 of 6 Printed on 9/19/2025
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25-1012 Agenda Date: 9/23/2025
steps to ensure the City is prepared to host the major events in 2026.

The City Council and Stadium Authority adopted Guiding Principles for SBLX and FWC26, several of which focused on community engagement/involvement:

1. Professionally oversee SBLX/FWC26 events in a manner that positively highlights the City of Santa Clara and celebrates the rich diversity of Santa Clara’s neighborhoods.

2. Attain reimbursement of all event costs, including public safety (pre- and post-event costs).

3. Ensure direct benefits to the Santa Clara community and Santa Clara businesses.

4. Plan and provide for communication and engagement with residential neighborhoods adjacent to Levi’s Stadium and other venues that will be utilized for large events.

5. Ensure specific benefits to and involvement of Santa Clara youth and adult soccer programs.

6. Seek revenue generating utilization of the Santa Clara Convention Center and other event and recreation spaces (including college and school facilities) in the City of Santa Clara without any impact to the General Fund.

7. Seek mitigation of City and Stadium Authority financial risks and liabilities.

8. Engage in transparent communication on pre-planning efforts, with periodic progress reports to the City Council, including reports published on the City’s website to promote engagement and awareness for residential neighborhoods adjacent to the Stadium and the City as a whole.

9. Pledge that the Santa Clara City Council, Stadium Authority Board, and City staff will follow the law, act ethically and transparently with the expectation that other parties do the same.

In January of 2025, the City Council transitioned the former Economic Development and Communications Committee to the Economic Development and Marketing (EDMC) Committee Ad Hoc (Committee), refining its scope to a focused scope and limited duration. The Committee’s purpose is to provide input and ensure inclusive community engagement, with agendas that include updates from Discover Santa Clara, and a strong emphasis on economic impact opportunities, as well as business and resident engagement leading up to the 2026 major events.

Since April 2025, the Committee has advanced planning for community activation tied to Super Bowl LX and the FIFA World Cup 2026.
· April 28, 2025, Staff presented a strategic framework for community activation and event support and introduced the formation of a Major Events Task Force to focus on fundraising, outreach, and engagement.
· June 2, 2025: The Committee and stakeholders reviewed the draft Citywide 2026 Economic Development & Community Engagement Plan, including proposed priorities, programming, and campaign theme options:
o Santa Clara: Where the World Kicks Off
o Santa Clara: Get Your Kicks in 2026
o Santa Clara 2026: The World Plays Here
· June 23, 2025: An Event Strategy Workshop mapped potential event locations against city assets, demographics, and community interests. Results from the Community Ideas Generator Survey (launched June 17) were incorporated. A Community Values Survey was planned to identify core values for shaping a unifying slogan.
· July 14, 2025: Committee reviewed survey results and workshop outcomes. The top City of Santa Clara Page 2 of 6 Printed on 9/19/2025
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community values identified:
o Home (46), Diversity (34), Community (29), Inclusive (16), Family (12).

The Committee reviewed potential event and activation opportunities and partnerships that would then be categorized into of the following: City-led, Community-led and Sponsor Partner. · July 28, 2025: Presentations were made by community stakeholders and partners proposing sponsor-led engagement events in the lead-up to 2026. Presenters included Diana Ding, Patty Wong, Ana Vargas-Smith, Harbir Bhatia, David Kertes (on behalf of Robert Haugh), Ester Rubin, and Debra von Huene.
· August 11, 2025: The Committee conducted a workshop to further refine the proposed events and activations, including a shortlist of potential City-led events, and continued to hear sponsor/partner proposals for community engagement activities.

The Committee will be meeting Monday, September 22, 2026, where staff will present the recommended slogan and logo and event and activation priority list.

Slogan and Logo Development
The development of Santa Clara’s new slogan and logo has been a collaborative and communitydriven effort guided through the Committee input, with the support of City staff and development by the consultant team, Zo Agency.

This effort is not intended to replace the City’s existing brand, but rather to extend and elevate it in the context of the 2026 major events. The campaign’s primary purpose is to foster community pride and belonging, ensuring that residents feel ownership, excitement, and connection as Santa Clara prepares to welcome the world. Grounded in the top values identified through community inputHome, Diversity, Community, Inclusive, and Family-the slogan and logo are designed to serve as a unifying message that both celebrates Santa Clara’s identity and encourages residents to rally together as hosts.

Staff, in collaboration with the consultant, translated community values into archetypes that served as the foundation for both design and messaging. Through a structured theme and slogan development process, ideas were refined into concepts that resonate with local residents while also representing Santa Clara on a global stage. To meet time-sensitive campaign needs, the design effort included an accelerated artist phase, completed within a condensed timeframe while remaining firmly rooted in the community’s identity.

Development of the slogan took several iterations, some of the slogans that missed the mark included:
· From every corner we come
· Game on, World
· All plays lead here
· Gather here. Go far
· All the world-our stage
· Home field, global stage
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· Home field for the world
The slogan that emerged as the strongest reflection of Committee and community input is “Where the Mission Meets the Moment.”
This phrase bridges Santa Clara’s proud identity as The Mission City with the excitement of hosting landmark global events. The words “meets the moment” convey timeliness, readiness, and the City’s ability to rise to the occasion. The slogan also connects past and future, local and global, while instilling pride and inviting broad community participation. Overall, the slogan embodies Santa Clara’s role as a bridge linking history with opportunity and community with the world stage. The slogan is versatile and the words mission and moment can be interpreted in multiple ways. The slogan conveys the idea that Santa Clara and its community rise to the moment, overcome obstacles, and achieve what they set out to accomplish, making it a dynamic and inspirational message for all audiences.

Santa Clara’s slogan is intended first and foremost for our residents. The goal is to bring the community together building pride, belonging, and a shared sense of ownership as the City prepares to host global events. While the campaign will naturally have external visibility, its true purpose is internal: to empower residents, businesses, and community groups to see themselves as ambassadors for Santa Clara during the 2026 major events.

The development of the logo paired with the slogan focused on creating a modern design that reflects innovation while highlighting what makes Santa Clara unique. Staff and the consultant drew inspiration from photography and iconography (the idea that an image can tell a story) that best represent the city and its community. Key elements were selected to convey specific values: the Central Park Pavilion symbolizes gathering, reflecting the city’s central place for events; the City’s Peace Rose represents heritage and civic pride; Stadium signals where major events will take place; the microchip conveys innovation and Santa Clara’s connection to the tech industry; and images of community members emphasize inclusivity, togetherness, and local identity. Together, these elements form a logo that complements the slogan and captures the spirit of Santa Clara for both residents and visitors.

In addition to the primary logo and slogan, staff and the consultant are recommending the adoption of a brand mark that will serve as a versatile design element to support the overall 2026 branding campaign. The mark is a simplified, recognizable graphic that complements the logo and reinforces the City’s identity in connection with major events.

Recommended City Logo and Mark:

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Next Steps
Staff is requesting Council approval of the proposed slogan and logo. Staff will return to Council at a future meeting with the following for consideration and action:
· A contract and budget with a consultant to lead branding and promotional efforts tied to the 2026 major events
· An agreement with an event production/producer to support implementation · Approval of the Event and Acitivation Priority List
· A budget for the approved City-led events/engagement efforts

FISCAL IMPACT
There are no financial impacts related to preparing this report aside from administrative time. As part of the next agenda item which will present greater details and potential items for council action.

COORDINATION
This report has been coordinated with the City Attorney’s Office and Finance 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 City of Santa Clara Page 5 of 6 Printed on 9/19/2025
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w H E R E T H E CITY OF s ANT A CLAR A

MEETS THE MOMENT
SANTA
CLARA
25-1012 Agenda Date: 9/23/2025
(408) 615-2220, email [email protected] or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION
Approve the recommended Slogan and Logo.

Reviewed by: Paulina Morales, Assistant City Manager
Approved by: Jovan Grogan, City Manager
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-966 Agenda Date: 9/23/2025

REPORT TO CITY COUNCIL AND STADIUM AUTHORITY BOARD

SUBJECT
Action on a Proposed League Event Agreement with the Bay Area Host Committee, Forty Niners SC Stadium Company, LLC, and Forty Niners Stadium Management Company LLC to Host Super Bowl LX at Levi’s® Stadium

COUNCIL AND BOARD PILLARS
Enhance Community Engagement and Transparency
Ensure Compliance with Measure J and Manage Levi’s Stadium

EXECUTIVE SUMMARY
On February 8, 2026, Levi’s® Stadium is scheduled to host Super Bowl LX (SBLX). The Super Bowl is the annual championship game of the National Football League (NFL). It serves as the final game of every NFL season and is generally played on the second Sunday in February.

This report presents background information and details on a proposed League Event Agreement for hosting SBLX that has been negotiated between business and legal staff of the City/Stadium Authority and various third-party stakeholders, including the Bay Area Host Committee (BAHC) and several business entities associated with the San Francisco Forty Niners.

Article 21 of the Amended and Restated Stadium Lease (Stadium Lease) between the Santa Clara Stadium Authority (Stadium Authority) and Forty Niners SC Stadium Company, LLC (StadCo), grants StadCo the right to use Levi’s® Stadium for the Super Bowl in accordance with the terms of a negotiated “League Event Agreement.” Under Article 21, such agreement can modify the terms of the Stadium Lease and include one or more “third parties, such as an event host committee” to be responsible for certain event costs and expenses, including public safety costs. These entities and their respective roles are described later in this report.

The proposed League Event Agreement that is being presented to the City Council and Stadium Authority Board sets forth terms and each party’s responsibilities for hosting SBLX at Levi’s® Stadium. This includes a commitment from the BAHC to reimburse the City for all event-related planning, training, equipment, public safety, transportation, and emergency response costs. If the BAHC fails to fully reimburse the City for such costs, StadCo will be responsible to make up any shortfall.

The League Event Agreement also includes terms for BAHC/NFL use of the City’s Convention Center, BAHC assistance with marketing of City assets and promotion of City businesses, payment of a Senior and Youth Program Fee, and the process for preparing and presenting a “Special Event Zone” for Council consideration to regulate certain activities in and around the venue during the lead up to the game and the game itself. To provide additional assurances of timely reimbursement of City of Santa Clara Page 1 of 18 Printed on 9/19/2025
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City’s “Actual Event Expenses,” the agreement also provides for BAHC to make an “Advance Payment” to the City on or before December 25, 2025, of 50% of the then estimated Actual Event Expenses.

Most of the information in this report was presented to the City Council/Stadium Authority at the August 26, 2025 meeting. As part of the August 26 agenda item, it was communicated that the terms in the League Event Agreement included in the report were substantially negotiated among the parties; however, were still under review by the parties and would be subject to revisions before the draft agreement was completely finalized. As such, the summary of terms within the report notes any changes of substance since the August 26, 2025 agenda item.

This item presents the updated “FINAL DRAFT” League Event Agreement for Super Bowl LX for City Council/Stadium Authority Board consideration and action. Staff is recommending that the Council/Board approve the League Event Agreement in substantially the form presented, with delegation to the City Manager/Executive Director to finalize and execute the agreement in a final form approved by the City Attorney/Stadium Authority Counsel. Note: At this time, the agreement also remains subject to approval by the BAHC Board.

Lastly, it is important to note that Levi’s® Stadium is also scheduled to host six FIFA World Cup 2026 (FWC26) matches, between June 13 and July 1, 2026. This will mark the first time a venue will host the FIFA World Cup and the Super Bowl in a single year. Because both major events present similar challenges, all involved parties have been coordinating efforts to maximize available resources and opportunities.

BACKGROUND
This background section provides information that is relevant to a discussion of the proposed League Event Agreement that sets forth terms and responsibilities for hosting SBLX. This includes information on the key entities that have responsibilities related to hosting SBLX; the Super Bowl 50 bid process and agreements; and the City/Stadium Authority’s SBLX planning and negotiation efforts.

Key Entities Relevant to Hosting SBLX
Several major entities will have responsibilities and relationships with the City and Stadium Authority with respect to hosting SBLX at Levi’s® Stadium. A list of the entities and their respective roles is provided below.
· City of Santa Clara (City)
The City of Santa Clara is the local jurisdiction where Levi's® Stadium is located, and lead agency responsible for public safety, transportation management, and permitting for the events.
· Santa Clara Stadium Authority (Stadium Authority)
The Santa Clara Stadium Authority exists as a public body, separate and distinct from the City of Santa Clara, and was established to provide for the development and operation of Levi's® Stadium. The elected members of the City Council serve as the governing board for the Stadium Authority, with the Mayor serving as the Chair, the City Manager as the Executive Director, and the City Attorney as the Stadium Authority Counsel.

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· National Football League (NFL)
The NFL is the top professional American football league in the United States, consisting of 32 teams. The league is divided into two conferences: the American Football Conference (AFC) and the National Football Conference (NFC), each with 16 teams. The NFL regular season typically runs from September to early January, with each team playing 17 games. At the end of the regular season, the top teams from each conference advance to the playoffs, culminating in the Super Bowl, the NFL championship game, which is generally played on the second Sunday in February. The NFL partners with one of their teams, local agencies, and regional host entities (such as the BAHC) to organize the annual Super Bowl event. · Forty Niners Entities
o Forty Niners SC Stadium Company, LLC (StadCo)
Through a Stadium Lease with the Stadium Authority, StadCo leases Levi’s® Stadium for NFL events.
o Forty Niners Stadium Management Company LLC (ManCo or Stadium Manager) ManCo manages Levi’s® Stadium on behalf of StadCo and Stadium Authority under the terms of a Stadium Management Agreement between the three parties. o Forty Niners Football Company LLC (TeamCo)
TeamCo operates as a business and management arm of the Forty Niners organization, overseeing the team's interests in Levi’s® Stadium and related NFL team operations.
· Bay Area Host Committee (BAHC)
The Bay Area Host Committee, a non-profit 501(c)(6) organization, exists for the primary purpose of facilitating positive economic and societal impact to the region through major sporting events. The non-profit corporation is focused on bringing world-class events to the Bay Area to drive economic vitality, foster community-wide engagement, instill civic pride, and elevate global recognition. BAHC’s Board of Directors is comprised of regional leaders and representatives from professional sports teams - including Bay FC, the Golden State Warriors, the Golden State Valkyries, the San Francisco 49ers, the San Francisco Giants, the San Jose Earthquakes, and the San Jose Sharks.
· Regional, State, and Federal Government Partners
Governmental entities from the regional, state, and federal level will work with City, Stadium Authority, Stadium Manager, and BAHC on emergency planning, transportation coordination, public safety, and other items for SBLX. Such entities include but are not limited to: City and County of San Francisco, City of San Jose, County of Santa Clara, Valley Transit Authority (VTA), Bay Area Transit Authority (BART), California Department of Transportation (CalTrans), California Governor’s Office of Emergency Services (CalOES), Federal Bureau of Investigation (FBI), and Department of Homeland Security (DHS).

Super Bowl 50 Bid Process and Agreements
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Francisco Bay Area Super Bowl 50 Host Committee (Super Bowl Host Committee), the City and Stadium Authority was able to support Super Bowl 50 while ensuring that the City would be reimbursed for its governmental support services costs.

In March 2013, the City and the Stadium Authority entered into a Super Bowl L and LI Governmental Services Agreement (SB50 Governmental Services Agreement) (Attachment 1) with the Super Bowl Host Committee and StadCo.

The NFL required that, as part of the bid package, the local jurisdictions hosting Super Bowl events provide certain assurances on public safety services, fire and emergency medical services, and other governmental services (e.g., code enforcement, planning and inspection, and traffic management) to support the Super Bowl. Under the terms of the SB50 Governmental Services Agreement, the Super Bowl Host Committee, a nonprofit corporation formed for purposes of submitting the bid and hosting Super Bowl 50 at Levi's® Stadium in Santa Clara, agreed to reimburse the City for all actual costs for planning, training and deployment costs for police, fire and emergency medical and other governmental services such as traffic management, planning, building inspection, public right-of-way clean up. The SB50 Governmental Services Agreement also provided general terms for a budget and cost allocation process, a reimbursement process, no Stadium rental fee for the Super Bowl, and no Convention Center rental fee for Host Committee’s use for NFL On Location and an accreditation center. Although no Senior or Youth Program Fee was to be collected through ticket sales, the Super Bowl Host Committee agreed to make efforts to ensure grant funds were awarded to youth organizations in the City or alternatively to make a $25,000 donation to the City to use in accordance with Senior and Youth Program Fee, among other things.

Additionally, the Stadium Authority and NFL entered into a Super Bowl L Stadium License Memorandum of Understanding (MOU) (Attachment 2) that the Stadium would comply with all of the physical and other requirements set forth in the bid specifications relating to the Stadium and that a complete license agreement reflecting the terms outlined in the MOU, as well as other terms and conditions set forth in the bid relating to the Stadium, should the Stadium be selected to host Super Bowl 50.

SBLX League Event Agreement Negotiations Overview
In 2018, the Super Bowl bidding process transitioned from a competitive approach to a more streamlined method. Now, the NFL identifies a city/team to host the event and presents the terms for hosting. The current process is very different than the one the City and Stadium Authority participated in with the development of the Super Bowl 50 bid, through their respective commitments of governmental services and use of the stadium for the Super Bowl.

In mid-2022, the Bay Area Host Committee was reactivated, and a formal bid to host SBLX was developed in late 2022, highlighting Levi’s® Stadium’s modern amenities, the success of Super Bowl 50, and Santa Clara’s readiness. The proposal was submitted in early 2023, followed by NFL site visits and stakeholder meetings. On May 22, 2023, during the NFL Spring League Meeting, the NFL and team owners officially awarded SBLX to the Forty Niners and Levi’s® Stadium.

Article 21 of the Stadium Lease between the Stadium Authority and StadCo, grants StadCo the right to use Levi’s® Stadium for the Super Bowl in accordance with the terms of a negotiated “League Event Agreement.” Under this Article, such agreement can modify the terms of the Stadium Lease and include one or more “third parties, such as an event host committee” to be responsible for certain City of Santa Clara Page 4 of 18 Printed on 9/19/2025
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event costs and expenses, including public safety costs.

On March 5, 2024, the City Council and Stadium Authority Board adopted the following Super Bowl LX Guiding Principles:

1. Professionally oversee the Super Bowl LX in a manner that positively highlights the City of Santa Clara and celebrates the rich diversity of Santa Clara’s neighborhoods.

2. Attain reimbursement of all event costs, including public safety (pre- and post-event costs).

3. Ensure direct benefits to the Santa Clara community and Santa Clara businesses.

4. Plan and provide for communication and engagement with residential neighborhoods adjacent to Levi’s Stadium and other venues that will be utilized for large events.

5. Ensure specific benefits to and involvement of Santa Clara youth and adult football programs.

7. Seek mitigation of City and Stadium Authority financial risks and liabilities.

9. Pledge that the Santa Clara City Council, Stadium Authority Board, and City staff will follow the law, act ethically and transparently with the expectation that other parties do the same.

In 2024, consistent with these principles, the City and Stadium Authority began preliminary negotiations with the BAHC and the Forty Niners on the terms for a League Event Agreement.

Concurrently, essentially the same parties were negotiating terms for the FIFA World Cup 2026 Assignment and Assumption Agreement (FIFA Agreement). Given the nature and complexity of the FIFA Agreement, the FIFA negotiations took priority. Ultimately, the desired terms were negotiated.

These included (1) the full assignment of all obligations under the World Cup Stadium Agreement with FIFA to BAHC, including a formal release by FIFA of the Stadium Authority and the City from any such obligations, (2) BAHC’s commitment to reimburse the City for all event-related public safety, transportation and emergency services costs, (3) BAHC’s obligation to pay for all required Stadium Improvements (estimated at up to $25 million), (4) BAHC’s obligation to obtain third party approvals and buy outs required (with the exception of Stadium Authority’s obligations under its Naming Rights Agreement with Levi’s to provide a suite and tickets to the six FWC26 matches), and (5) a Guaranty by TeamCo of substantially all BAHC’s financial obligations. On February 11, 2025, consistent with these terms, the Council and Board approved the final FIFA Agreement and a Guaranty of Certain 2026 FIFA World Cup Obligations. Since then, staff’s attention has been focused on completing negotiation of remaining terms for SBLX with the goal of bringing forth a proposed League Event Agreement for City Council and Stadium Authority Board action.

Reimbursement of Incurred SBLX Costs
Pending finalization of negotiations on the terms for a League Event Agreement, in order to reimburse the City for certain expenses incurred in connection with event training and planning services, the City and BAHC entered into several funding and reimbursement agreements.

The City and BAHC executed an Interim Funding Agreement for SBLX Planning and Preparation Activities (Attachment 3) that provided for a maximum reimbursement amount of $150,000, effective as of January 1, 2025, and through May 31, 2025. Subsequent amendments extended the term to City of Santa Clara Page 5 of 18 Printed on 9/19/2025
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the earlier to occur of October 31, 2025, or execution of League Event Agreement, and increased the maximum reimbursement amount to $250,000 (Attachment 3).

At the time of writing this report, BAHC has already reimbursed the City $135,151 under the terms of this Interim Funding Agreement for the City’s police, fire, emergency management, and public works staffing costs associated with the planning, coordination, and preparation for SBLX. Subsequent to the August 26, 2025, meeting, a $37,625 invoice was submitted to the BAHC for reimbursement on August 27. The Interim Funding Agreement provides BAHC with ten (10) days to review the reimbursement request and sixty (60) days to submit payment if no additional information is requested during their review period. Staff is also in the process of preparing two invoices in the respective amounts of $28,987.64 and $45,083.73, which have not been submitted to BAHC yet for reimbursement, as they are currently undergoing final internal review. Additionally, BAHC has reimbursed the City for event planning costs in the amount of $61,000 incurred by the City from July 1, 2024, through December 31, 2024, through a Reimbursement Agreement for Super Bowl LX PreAgreement Expenses (Attachment 4). Furthermore, BAHC has reimbursed the City for costs related to the NFL’s VPSO Program attended by Santa Clara Police Department and Santa Clara Fire Department personnel for Super Bowl 58 and Super Bowl 59 in the respective amounts of $14,156 and $100,000 through Reimbursement Agreements (Attachments 5 and 6).

Listed below is a table of the SBLX planning reimbursement agreements described above, including agreement term/reimbursement period, and the maximum reimbursement and reimbursed amounts per agreement.

Agreement Agreement Term /
Reimbursement Period
Reimbursement
Reimbursement Agreement
for Super Bowl 58 VPSO
Program
February 26, 2024 - Until
services have been fully
performed and paid for
$15,000 maximum
$14,155.57 invoiced and
received.

Reimbursement Agreement
for Super Bowl 59 VPSO
Program
February 13, 2025 - Until
services have been fully
performed and paid for
$100,000 maximum
$100,000 invoiced and
received
Reimbursement Agreement
for SBLX Pre-Agreement
Expenses
July 1, 2024 - December 31,
2024
$61,000.24 maximum
$61,000.24 invoiced and
received
Interim Funding Agreement
for SBLX Planning and
Preparation
January 1, 2025 - May 31,
2025
$150,000 maximum
$135,151.05 invoiced and
reimbursed
Interim Funding Agreement
for SBLX Planning and
Preparation - First
Amendment
January 1, 2025 - July 30,
2025, or execution of
League Event Agreement,
whichever is earlier
No change to maximum
Interim Funding Agreement
for SBLX Planning and
Preparation - Second
Amendment
January 1, 2025 - August
31, 2025, or execution of
League Event Agreement,
whichever is earlier
$250,000 maximum
(increased by $100,000)
$37,625.12 approved and
pending reimbursement (in
adherence to agreement
process)
Interim Funding Agreement
for SBLX Planning and
Preparation - Third
Amendment
Amended to January 1,
2025 - October 31, 2025, or
execution of League Event
Agreement, whichever is
No change to maximum
($250,000) $74,071 pending
internal review
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Preparationreimbursed
Interim Funding Agreement
for SBLX Planning and
Preparation - First
Amendment
January 1, 2025 - July 30,
2025, or execution of
League Event Agreement,
whichever is earlier
No change to maximum
Interim Funding Agreement
for SBLX Planning and
Preparation - Second
Amendment
January 1, 2025 - August
31, 2025, or execution of
League Event Agreement,
whichever is earlier
$250,000 maximum
(increased by $100,000)
$37,625.12 approved and
pending reimbursement (in
adherence to agreement
process)
Interim Funding Agreement
for SBLX Planning and
Preparation - Third
Amendment
Amended to January 1,
2025 - October 31, 2025, or
execution of League Event
Agreement, whichever is
earlier
No change to maximum
($250,000) $74,071 pending
internal review
In June 2024, the City reclassified general staff time into specific SBLX activities covering the period from May 23, 2023 (the date of Council/Board approval of FWC26 Guiding Principles) through June 30, 2024 (the date before the Pre-Agreement Expenses Reimbursement Agreement term began).

This reclassification ensured compliance with Measure J, which prohibits the use of City funds for stadium operations, and provided a clear process of tracking costs for reimbursement. At the same time, the City updated its City Manager’s Directive (CMD 136) to provide additional guidance on staff timekeeping responsibilities, distinguish direct Stadium event costs from administrative time, and standardize reporting across departments.

During this period, staff whose time was not allocated in the Stadium Authority budget logged about 485 hours, valued at $124,086, for preliminary activities and meetings following the announcement that Santa Clara was selected as the location for SBLX. These costs, which spread across Community Development, Police, and Office of Emergency Management, covered early planning meetings, research into operational impacts, as well as a review of Super Bowl 50 documents and costs. The proposed League Event Agreement outlines a process to cover these pre-agreement costs through government funding if there is a surplus after BAHC’s obligations are met. If not, the $124,086 will be allocated to the Stadium Authority, consistent with prior practice for major Levi’s Stadium events such as Super Bowl 50 and the 2019 College Football Playoff. Of note, these are the same terms that the Council/Board approved in the FIFA Agreement for all pre-agreement costs.

Community Outreach and Engagement
In alignment with SBLX Guiding Principle #8 and the counterpart Guiding Principle for FWC26 Events, providing for community engagement and transparency, staff has been providing regular updates to the Council, Board, and community on the City and Stadium Authority’s planning efforts for the 2026 major events. Those presentations occurred on the following dates: September 26, 2023, March 5, 2024, August 27, 2024, December 10, 2024, February 11, 2025, and March 25, 2025.

These major event updates are also posted on the City’s website in two locations: (1) the City’s agenda report portal, Legistar, and (2) the City’s dedicated webpage for SBLX and FWC26. The updates covered various topics including: the City’s negotiation efforts, public safety planning, emergency management planning, coordination with key partners, participation in NFL programs like the Visiting Public Safety Officer (VPSO) Program and Future Host Cities Programs, the City’s community engagement and economic development efforts including the Bloomberg Harvard City Leadership Initiative, a City Asset Marketing Program to leverage City assets for advertising and marketing opportunities, Discover Santa Clara’s planning efforts, Santa Clara Convention Center City of Santa Clara Page 7 of 18 Printed on 9/19/2025
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preparations, City/Stadium Authority’s tracking of incurred expenses, and BAHC’s reimbursement of costs, among other things.

Recognizing that not all Santa Clara residents will choose or be able to attend SBLX or FWC26 in person, and with NFL or FIFA-hosted events taking place in other neighboring cities, the City transitioned the former Economic Development, Communications, and Marketing Committee to the Economic Development and Marketing Committee Ad Hoc (Committee), refining its scope to a focused scope and limited duration. The Committee’s purpose is to provide input and ensure inclusive community engagement and a strong emphasis on economic impact opportunities, as well as business and resident engagement leading up to the 2026 major events. Staff is presenting a separate update on these community engagement efforts to the City Council during the September 23, 2025 meeting.

DISCUSSION
Since the announcement of Levi’s® Stadium as the NFL’s designated venue for SBLX, City/Stadium Authority staff has been engaged in evaluating the proper framework and terms for Stadium Authority and City’s involvement with the event. This included review and analysis of the City’s previous SB50 Governmental Services Agreement, lessons learned from implementing the terms of that agreement, attendance at and evaluation of support services and requirements for the hosting of Super Bowl LVIII (in Las Vegas) and Super Bowl LIX (in New Orleans), and other considerations. City/Stadium Authority staff also evaluated the various terms of the Stadium Lease that govern Super Bowl hosting at Levi’s® Stadium, in particular Article 21, which contemplates the negotiation of a “League Event Agreement” to allocate costs and duties between, the Stadium Authority, City and the Forty Niners, and the inclusion of one or more “third parties, such as an event host committee” to be responsible for certain event costs and expenses. This evaluation process included staff development of the Super Bowl LX Guiding Principles, outlined above, patterned after the FIFA World Cup 2026 Guiding Principles, to provide a framework for League Event Agreement negotiations.

Since the fall of 2024, a substantial amount of time has been dedicated to developing and negotiating appropriate terms for a League Event Agreement between the City, Stadium Authority, BAHC, StadCo, and ManCo. The resulting agreement, at its core, affirms that the City will be the lead local agency in providing security at and around the Stadium for the SBLX game and related events, with assurances that the City will be reimbursed for its costs.

Very similar to the terms developed for the FIFA Agreement, the risks to the City are addressed through several robust mechanisms. These include (a) the implementation of a detailed and transparent reimbursement process for BAHC to pay the City for its “Qualified Event Expenses,” ensuring that the City is compensated fairly, and in a timely manner for the full range of “Super Bowl Services” that the City will be providing the event; and (b) a clear and efficient dispute resolution framework to handle any disagreements that may arise with respect to such expenses.

To further protect the City’s financial interests, the agreement also requires an “Advance Payment” of fifty percent (50%) of projected actual event expenses before invoices are submitted. Additionally, the League Event Agreement also provides that StadCo is responsible for any failure by the BAHC to reimburse City’s “Qualified Event Expenses”. This financial backstop ensures that if BAHC is unable to meet its reimbursement obligations for the benefit of the City, StadCo will be legally required to cover any shortfall. As the tenant under the Stadium Lease and the entity already responsible for the City of Santa Clara Page 8 of 18 Printed on 9/19/2025
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reimbursement of City public safety costs for general NFL Games and Events, StadCo is the appropriate entity to undertake this obligation. Collectively, these measures balance the potential risks and benefits, ensuring that the City and Stadium Authority are adequately safeguarded while supporting the successful execution of the event.

These terms, and others, have now been substantially negotiated among the parties and memorialized in the current draft League Event Agreement (Attachments 7 and 8). Any updates to the language contained in the draft presented to the Council/Board on August 26 are shown in underline/strikeout format in the attached FINAL DRAFT (Attachment 7); any changes of substance are also noted in the updated summary of terms, below. Note: While substantially negotiated, the attached draft of the League Event Agreement is currently under final review by all parties and may be subject to further non-substantive before it is completely finalized.

Key Terms in the League Event Agreement
The following is a summary of the key terms in the draft League Event Agreement.

1. League Event Agreement Implements and Modifies the Stadium Lease [Agreement Section 1]
As contemplated by Article 21 in the Stadium Lease, the League Event Agreement acts to implement and modify the Stadium Lease. This is meaningful in a number of ways, including:
(a) the negotiated terms for SBLX do not provide for a “threshold” on Public Safety Costs above which the Stadium Authority would need to contribute (Sections 7.5.2 and 7.5.3 of the Stadium Lease); and (b) the negotiated terms for SBLX call for any amounts paid to the City towards the Senior and Youth Program Fee to not be subject to the cap on such fees (Section

12.2 of the Stadium Lease). The remaining provisions of the Stadium Lease not modified by or inconsistent with the League Event Agreement remain in effect. [Section 1]

2. Subject to Reimbursement, City Shall Provide Necessary Local Public Safety, Transportation Management, Emergency Medical Response and Related Event Services (“Super Bowl Services”) in Accordance with City Approved “Super Bowl Services Master Plan” and “Public Safety Plan” [Agreement Sections 2.1 and 2.2]
a. “Super Bowl Activities” include the SBLX game and designated Super Bowl related events taking place in and within the security perimeter of the Stadium before, during and after the game. Upon mutual agreement of the parties, Super Bowl Activities may be expanded to include events and activities that require public security services, such as in and around hotels and other facilities within the City used by the NFL teams, friends and family and NFL officials/contractors, and other Super Bowl related activities in the City initiated or requested by BAHC on behalf of the NFL occurring outside the security perimeter of the Stadium. [Section 2.1.1]
b. “Super Bowl Services” include what’s typically involved in support of any NFL event at the Stadium (e.g., planning and event day public safety, transportation management, emergency medical response, logistics support services, along with certain required materials and equipment), but expanded to meet the unique demands and requirements of the Super Bowl. Service components include “Event Planning and City of Santa Clara Page 9 of 18 Printed on 9/19/2025
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Training Services,” “Actual Event Services,” “Required Equipment Costs,” and “Miscellaneous and Unanticipated Expenses.” [Sections 2.1.2, 3.4.6, 3.4.7 and Exhibit A]
c. City will prepare, in regular consultation with BAHC, ManCo, and StadCo, plans for the City’s provision of Super Bowl Services, collectively, the “Super Bowl Services Master Plan.” As a component of the Master Plan, City will also produce a SBLX Public Safety Plan. City shall solicit input from all stakeholders in the preparation of such plan, including other involved law enforcement agencies and the NFL. Ultimately, City (SCPD) will have final approval over the Master Plan and the Public Safety Plan; and City will be the local lead agency responsible for Plan implementation. [Sections 2.2.1 and 2.2.2]
These terms align with SBLX Guiding Principles #2 and #7 which respectively cover reimbursement of event costs and mitigation of City and Stadium Authority financial risks/liabilities.

3. BAHC Responsibility to Reimburse City for all “Qualified Event Expenses” [Agreement Sections 2.3, 3.2 through 3.4, and 3.6]
a. BAHC is responsible for reimbursing City for all “actual and reasonable costs” incurred by City in connection with City’s provision of Super Bowl Services (“Qualified Event Expenses”). Note: “actual and reasonable” costs is the same standard for reimbursement currently provided under the Stadium Lease for NFL Games.

Reimbursable categories of “Qualified Event Expenses” include: “Event Planning and Training Expenses,” “Actual Event Expenses,” reasonable costs related to “Required Event Equipment,” and “Miscellaneous or Unexpected Expenses.” [Sections 3.2, 3.3,

3.4, and Exhibit A]
b. The City is responsible for preparing a “Preliminary Cost Estimate” for its projected necessary Super Bowl Support Services. Event Planning and Training Expenses are currently estimated at $906,132; Required Event Equipment Costs are estimated at $494,917; and Actual Event Expenses are estimated to be $5,027,015, for a total of $6,428,064. Note: These figures are currently being updated and finalized. [Exhibit B] c. ”Updated Cost Estimates” are required on or about November 15, 2025, and January 15, 2026, or more frequently if either party learns of a “material” new cost factor. [Agreement Section 2.3.2]
d. BAHC’s ultimate reimbursement obligation (subject to certain pre-approval rights for purchased equipment as provided below) is to pay whatever actual and reasonable “Qualified Event Expenses” are incurred and invoiced, even if such amount is above the final “Updated Cost Estimate.” [Section 3.2]
These terms align with SBLX Guiding Principles #2 and #7 which respectively cover reimbursement of event costs and mitigation of City and Stadium Authority financial risks/liabilities.

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4. Invoicing and Reimbursement Process for Pre-Event Expenses [Agreement Section 3.3]
a. In general, Event Planning and Training expenses are to be billed monthly using processes and forms similar to what parties have used under the Interim Funding Agreement. [Section 3.3]
b. BAHC may request additional information or reasonably dispute requested reimbursement items. [Sections 3.3.2, 3.3.3, and 3.3.5] c. After review and approval, BAHC will pay all undisputed items and set aside disputed amounts; if disputed amounts balance exceeds $50,000, such amounts to be deposited into a Dispute Escrow Account. [Section 3.3.4]
d. Parties will meet and confer to resolve disputes; if disputed amounts exceed $200,000, either party can trigger expedited Dispute Resolution through binding mediation. [Section 3.3.4 and 3.5]
These terms align with SBLX Guiding Principles #2 and #7 which respectively cover reimbursement of event costs and mitigation of City and Stadium Authority financial risks/liabilities.

5. Invoicing and Reimbursement Process of Actual Event Expenses [Agreement Sections 3.4 and 3.5]
a. To assure payment of “Actual Event Expenses,” BAHC agrees to make an “Advance Payment” to the City on or before 45 days prior to the SBLX game (December 25, 2025), 50% of the then estimated Actual Event Expenses. (Based on current event deployment cost estimates, this payment would be approximately $2,513,508. [Section

3.4.1]
b. City’s target date for its invoice for Actual Event Expenses is April 1, 2026. The target date for City’s “clean up” invoice, including unbilled third-party costs, is May 1, 2026. [Section 3.4.2]
c. BAHC reserves the right to request additional information and reasonably dispute requested reimbursements, with parties meeting and conferring to resolve disputes, and deposits of any disputed amounts into the “Dispute Escrow Account.” [Sections

3.4.3 - 3.4.5]
d. If parties are unable to resolve any dispute(s) over amounts owed, the matter(s) will be decided through binding arbitration. [Section 3.5.3]
e. Subject to offset for Advance Payments amounts already paid, and any disputed amounts submitted to arbitration, BAHC shall pay all remaining amounts owed within sixty (60) days of City’s final “Completed Payment Request.” [Section 3.4.5] City of Santa Clara Page 11 of 18 Printed on 9/19/2025
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f. New language makes it clear that Off-Site Parking fees received by the City will also offset BAHC’s reimbursement obligations for the Super Bowl Events similar to how such fees currently offset StadCo’s obligations for all other NFL Events under the terms of the Stadium Lease. [Section 3.4.2] In this case, however, such offsets will not trigger any credits against StadCo’s general obligations to reimburse costs and pay rent under the Stadium Lease. [Section 3.8]
These terms align with SBLX Guiding Principles #2 and #7 which respectively cover reimbursement of event costs and mitigation of City and Stadium Authority financial risks/liabilities.

6. Special Rules for Equipment and Miscellaneous Expenses [Agreement Sections 3.4.6 and 3.4.7]
a. The cost of additional equipment required for SBLX will also be reimbursed by BAHC. [Section 3.4.6 and Exhibit B]
b. If equipment is to be purchased and used for Super Bowl Activities only, BAHC prior approval is required; if it is to be retained by City for future use, it will be leased to BAHC at reasonable rates; if it is not to be retained, at its option, BAHC shall be entitled to retain the equipment itself (subject to applicable laws), or receive its salvage/sale proceeds. [Section 3.4.6.c and d]
c. If equipment can be leased instead of purchased this is preferred; third party lease costs will be passed through to BAHC as a Qualified Event Expense. [Section 3.4.6.d] d. Whenever practical, in order to reduce costs and achieve economies of scale, City shall coordinate and combine its procurement of equipment with its procurement of “Required Event Equipment” under the terms of the FIFA Agreement. City will allocate and invoice all “Qualified Event Expenses” incurred in connection with such coordinated procurement efforts as “World Cup Support Services” or “Super Bowl Support Services” based on the extent to which such equipment is projected to be deployed for such events. [Section 3.4.6.e]
e. Miscellaneous or unanticipated costs to be discussed and reasonably agreed to by the parties. [Section 3.4.7].
f. Equipment costs and approved miscellaneous costs to be submitted for reimbursement with the next scheduled Payment Request. [Section 2.3.4.c and 3.4.7] These terms align with SBLX Guiding Principle #2 which covers reimbursement of event costs.

7. StadCo Responsible for Any Qualified Event Expense Shortfall; Qualified Event Expenses Paid Not to be Treated as “Public Safety Costs” for Purposes of the Stadium Lease
[Agreement Section 6.1]
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a. If BAHC fails to fulfill its obligation to fully reimburse City for City’s Qualified Event Expenses (a “Qualified Event Expense Shortfall”), StadCo shall reimburse City the entire amount of the Qualified Event Expense Shortfall. New language makes it clear that StadCo’s obligation also extends to BAHC’s “Advance Payment” obligation, and interest will accrue on StadCo’s failure to timely make payments on its “back stop” obligation at the rate of 6% per annum. [Section 6.1.1]
b. In no event shall any Qualified Event Expense amounts paid by BAHC or StadCo under the terms of the League Event Agreement, including any Qualified Event Expense Shortfall, count or be treated as “Credited Public Safety Costs” under the terms of the Stadium Lease between Stadium Authority and StadCo, and the Parties acknowledge and agree that the Super Bowl Game shall not be included in the calculation of the Public Safety Costs Threshold for the 2025-2026 Lease Year. [Section 6.1.2] These terms align with SBLX Guiding Principles #2 and #7 which respectively cover reimbursement of event costs and mitigation of City and Stadium Authority financial risks/liabilities.

8. Cooperation on Federal and State Funding
[Agreement Section 6.12]
a. The Parties agree to cooperate to obtain private and public sources of funding to help offset Qualified Event Expenses, ideally with earmarks for that purpose. [Section

6.12.a]
b. If “New Government Funding” is actually paid to City for Qualified Event Expenses, BAHC’s obligations will be offset by the amount received by City. If funding is committed, but not yet received, parties to meet and confer to see if any corresponding BAHC obligations may be offset pending the actual receipt of funding, subject to final, reasonable City approval. BAHC will remain ultimately responsible if government funding is not ultimately received. [Section 6.12.b]
These terms align with SBLX Guiding Principle #7 which covers mitigation of City and Stadium Authority financial risks and liabilities.

9. Stadium Capital Improvements
[Agreement Section 4]
a. Although no capital improvements are currently expected to be required in connection with SBLX, any Stadium Capital Improvements that are required shall by overseen and implemented by ManCo (“Super Bowl Improvements). All proposed Super Bowl Improvements outside the Tenant Exclusive Areas, where required under the existing Stadium agreements, must first be approved by Stadium Authority. [Section 4.1] b. Any Super Bowl Improvements shall not be treated as capital improvements requiring funding by Stadium Authority under the Stadium Lease. BAHC and StadCo are jointly liable for funding and lien-free completion of any such improvements. [Section 4.2] City of Santa Clara Page 13 of 18 Printed on 9/19/2025
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These terms align with SBLX Guiding Principle #7 which covers mitigation of City and Stadium Authority financial risks and liabilities.

10.Permitting and Additional Agreements
[Agreement Sections 5, 6, and 9]
a. Permitting. City to work in good faith to expedite permit processing; BAHC to pay all customary processing and permit fees. [Section 5]
b. NFL Stadium Access. StadCo may enter into a license agreement with the NFL (and with BAHC as appropriate) to grant access to the Stadium for purposes of hosting SBLX. Should BAHC, or other third-party access to the Stadium be needed in connection with SBLX for tours, preliminary site inspection visits, planning meetings, or other related purposes, during the Non-NFL Event season/period, and such access should mitigate any negative impacts on the planning or execution of ticketed and nonticketed Non-NFL Events in accordance with the Stadium Lease. [Section 6.2] c. Convention Center Use. Use of the City’s Convention Center for Super Bowl Activities shall be provided on the following terms:
(1) Use Term shall be from January 17, 2026, through February 13, 2026, with certain designated facilities retained for City use/rental from January 17, 2026, to January 26, 2026.
(2) Facility Rent shall be $650,000, subject to offset by Rent Credits as follows: a 20% “Major Event Credit” equal to $130,000; a $200,000 “Business Development Funds Credit” to be funded by the Silicon Valley/Santa Clara Destination Marketing Organization (DMO) (which was approved unanimously by the DMO Board of Directors at their September 18, 2025 board meeting); and a “Performance Rent Offset” of not to exceed $320,000 based on actual expenditures from events held on Food and Beverage, Audio Visual and Information Technology Services (40% of expenditures up to $500,000 and 30% of expenditures between $500,000 and $900,000).
(3) A security deposit of $320,000 shall be paid in two installments of $160,000, on November 1, 2025, and January 1, 2026.
(4) If the Convention Center is not used during the Use Term, or the booking is cancelled, there shall be a cancellation fee due and payable from BAHC in the full amount of Facility Rent ($650,000).

These terms are consistent with the Convention Center’s standard practice of offering rent credits for bookings with a significant economic impact and revenue associated with food, beverage, and other expenses billed by the Convention Center. The proposed rental, deposit, and cancellation fee provisions also improve upon the City’s SB50 Governmental Services Agreement, which waived all Convention Center rental fees for the Host Committee’s use of NFL On Location and the accreditation center.

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d. Access to Other City Facilities/Youth Sports Park (YSP). If either the NFL or BAHC needs access to any facilities under the control of the City or the Authority other than the Stadium, including the YSP (which the Parties anticipate will be within the security perimeter for the Game and Designated Events), they must secure the necessary right of entry permits and/or licenses from the City or the Stadium Authority where applicable, on reasonable terms to be negotiated. [Section 6.3] The City is engaged in separate negotiations with the NFL concerning the potential use of the YSP and the remaining City-controlled portions of the former Yellow Lots, including the tennis courts during the event period. Such negotiations are independent of and shall have no bearing on the League Event Agreement. Consideration will be given to the interests of existing users, and appropriate mitigation measures or benefits will be addressed as part of any resulting agreement. Any such use agreement will be presented to the City Council at a later date.
e. Senior and Youth Fee. StadCo shall pay to the City the Santa Clara Senior and Youth Program Fee on each SBLX ticket in the amount specified in Section 12.2 of the Stadium Lease; however, such amounts shall not be counted towards any cap on such fees provided in Section 12.2. If the NFL will not permit the inclusion of the Santa Clara Senior and Youth Program Fee in its tickets for the Game (as is expected), StadCo agrees to provide a donation to the City, within 60 days of the Game, for use by the City for Senior and Youth Program purposes, an amount equal to the amount of the Santa Clara Senior and Youth Program Fee that would have been collected had they been allowed. [Section 6.6]
f. Conflicts of Interest. In implementing its obligations under the Agreement, ManCo is obligated to comply with all standards under the Management Agreement. [Section

6.13.1] BAHC will also not include Forty Niners officials in the consideration and approval of this League Event Agreement. Given that this is an NFL Event, this restriction will not apply to fundraising efforts or with respect to BAHC’s obligations to the NFL or the implementation of the League Event Agreement as StadCo will be materially involved. [Section6.13.2] All parties shall comply with applicable federal, state and local laws, including conflict of interest laws, in connection with the League Event Agreement and the implementation of the event. [Section 6.13.3] g. No City Waiver of Local Taxes or Fees. City has not agreed to any waiver of local taxes or fees in connection with the Super Bowl events and is not responsible for reimbursing for any such taxes or fees. [Sections 6.11 and 9.3] h. Marketing and Promotion of City. BAHC and Discover Santa Clara, Santa Clara’s Destination Marketing Organization (DMO) will use commercially reasonable efforts to coordinate and collaborate with the City to jointly promote and market City businesses, events, and facilities in association with SBLX in accordance with a separate, pending agreement between BAHC and DMO. Upon request from the City, BAHC shall endeavor in good faith to arrange for support from Bay Area professional sports teams (for example, professional athlete and/or team mascot guest appearances) at City sponsored events (including but not limited to the October 4, 2025, Santa Clara City of Santa Clara Page 15 of 18 Printed on 9/19/2025
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Parade of Champions) (“City Sponsored Event Support”). BAHC cannot guarantee City Sponsored Event Support, and neither BAHC nor any professional sports team, shall be required to incur any out-of-pocket costs in connection with solicitation or provision of City Sponsored Event Support. [Section 6.7] i. Joint Marketing of City Assets. BAHC and StadCo agree to cooperate with City in the marketing of any City assets to NFL or their commercial affiliates. City’s marketing shall be subject to the terms of any existing agreements binding on the City that limit such activities (e.g., the Ground Lease and the Parking Rights agreements), and applicable provisions of any adopted Special Event Zone, below. [Section 6.8] j. Special Event Zone. City staff agrees to prepare and present to the City Council for its consideration, within the limits of appliable state and federal law, a “Special Event Zone” ordinance designed to protect the public health, safety and welfare, and enhance local aesthetics by temporarily regulating or restricting certain advertising and commercial activities within the vicinity of the Stadium leading up to and during the Super Bowl event. The ordinance is also intended to address NFL concerns and standards for such activities. The BAHC shall be responsible for reimbursing City all staff and related costs in preparing the ordinance and shall defend the City from any legal challenges. The City Council will retain discretion to approve or disapprove the proposed ordinance in its sole discretion. Note: The City approved a similar ordinance back in October of 2015 as part of its hosting of Super Bowl 50. [Section 6.9] New language provides each party a termination right for the Agreement in the event the Council doesn’t approve a “Special Event Zone” and the Parties are unable to meet and confer and come up with alternative measures. If the Agreement is terminated under this provision, the Convention Center Use Agreement would also terminate, and the Stadium Authority, City and StadCo would reserve their rights with respect to hosting the Super Bowl at the Stadium and providing and receiving reimbursement for Public Safety Services and Costs under the terms of the Stadium Lease. [Section 8.4]
k. Point of Sale Designations. BAHC and StadCo shall cooperate with City to have the City of Santa Clara designated as the “point of sale” for transactions that could generate local sales and use taxes related to Super Bowl Activities. [Section 6.10] These terms align with SBLX Guiding Principles #1, #2, #3, #5, #6 and #7 which respectively cover promotion and celebration of the City, reimbursement of event costs, direct benefits to the Santa Clara community/businesses, benefits to Santa Clara football programs, revenue from use of Santa Clara Convention Center and other City facilities without General Fund impacts, and mitigation of City and Stadium Authority financial risks/liabilities.

11.Legal Provisions.
[Agreement Sections 7 and 8]
a. Indemnities. ManCo/StadCo and BAHC to defend, protect, defend and hold City and Stadium Authority harmless in connection with their respective performance of services and undertaking of obligations for the Super Bowl Activities, excluding City of Santa Clara Page 16 of 18 Printed on 9/19/2025
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liabilities ultimately determined to have arisen as a result of the negligence or willful misconduct of City or Stadium Authority. [Sections 7.1.1 and 7.1.2] b. Insurance. Stadium Authority and StadCo to maintain “Standard Event Insurance” per existing NFL Event standards throughout term of the agreement and during the Super Bowl Activities, as set forth in the Stadium Lease and paid for in accordance to the Stadium Lease; however, subject to their reasonable approval, BAHC shall bear the cost of any additional costs for “Specialty Insurance” reasonably required by City/Stadium Authority or the NFL as result of enhanced risks presented by Super Bowl Activities. [Sections 7.2.1 and 7.2.2]
c. Late Payments. Interest will accrue on late payments owed to City/Stadium Authority but not paid (“Delinquent Amounts”) at the rate of 1.25% per month (15% per year) until paid. Disputed amounts not paid shall not be treated as “Delinquent” but, if determined ultimately to be owed, shall themselves accrue interest at the rate of .25% per month (3% per year) from the date originally due. [Section 8.1] d. Remedies/Dispute Resolution. Parties are entitled to specific performance and monetary damages, but not consequential damages, as remedies for another party’s noticed but uncured default. Unresolved disputes over “Disputed Amounts” are to be submitted to binding arbitration. [Section 8.3]
These terms align with SBLX Guiding Principle #7 which covers mitigation of City and Stadium Authority financial risks and liabilities.

Next Steps
Assuming the City Council and Stadium Authority Board take action to approve the League Event Agreement in substantially the form presented, staff will proceed to finalize and execute the agreement and continue public safety preparations and work with key stakeholders to prepare the Stadium and the City to host SBLX.

ENVIRONMENTAL REVIEW
The City Council certified the 49ers Santa Clara Stadium Project Environmental Impact Report (EIR) on December 8, 2009. The EIR analyzed the environmental impacts of both the stadium construction and regular operations of large-scale events, including as many as 20 annual major games (by assuming, as a worst case, that two teams would occupy the stadium each year), and expressly including the Super Bowl. Pursuant to CEQA Guidelines section 15162(c), a lead agency cannot reopen environmental review of subsequent actions that fall within the scope of a previously certified EIR.

FISCAL IMPACT
The financial impact of the League Event Agreement is included in the Discussion section above. In summary, these include Qualified Event Expenses, which are actual and reasonable costs incurred by City necessary to support Super Bowl Services. Categories of expenses include “Event Planning and Training Expenses,” “Actual Event Expenses,” reasonable costs related to “Required Event Equipment,” and “Miscellaneous or Unexpected Expenses.” The League Event Agreement requires BAHC to reimburse the City for Qualified Event Expenses and StadCo to take responsibility of any Qualified Event Expense Shortfalls in the event that BAHC fails to fully reimburse. Additionally, the City of Santa Clara Page 17 of 18 Printed on 9/19/2025
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proposed League Event Agreement will provide revenue to the City through the Senior and Youth Program Fee and Convention Center usage described above. The League Event Agreement ensures compliance with Measure J.

COORDINATION
This report was coordinated between the Offices of the City Manager/Executive Director and City Attorney/Stadium Authority Counsel.

RECOMMENDATION

1. Approve the proposed League Event Agreement with the Bay Area Host Committee, Forty Niners SC Stadium Company, LLC, and Forty Niners Stadium Management Company LLC on the terms, and substantially in the form presented, and authorize the City Manager/Executive Director to finalize all terms and execute the agreement in final form approved by the City Attorney/Stadium Authority Counsel; and

2. Authorize and direct the City Manager/Executive Director to take such other actions as are necessary and appropriate to implement the terms of the League Event Agreement.

Reviewed by: Chuck Baker, Assistant City Manager/Assistant Executive Director Approved by: Jovan D. Grogan, City Manager/Executive Director

ATTACHMENTS

1. Super Bowl L and LI Governmental Services Agreement

2. Super Bowl L Stadium License Memorandum of Understanding

3. Interim Funding Agreement for Super Bowl LX Planning and Preparation Activities and Related Amendments

4. Reimbursement Agreement for Super Bowl LX Pre-Agreement Expenses

5. Reimbursement Agreement for NFL’s Visiting Public Safety Officer (VPSO) Program - Super Bowl 58

6. Reimbursement Agreement for NFL’s Visiting Public Safety Officer (VPSO) Program - Super Bowl 59

7. Proposed League Event Agreement (FINAL DRAFT - Redline)

8. Proposed League Event Agreement (FINAL DRAFT - Clean) City of Santa Clara Page 18 of 18 Printed on 9/19/2025
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SUPER BOWL LAND LI GOVERNMENTAL SERVICES AGREEMENT
This Super Bowl Land LI Governmental Services Agreement ("Agreement") is made and entered into as of the I q-lil day of ..Mucl,_, 2013, by and among the City of Santa Clara, a chartered California municipal corporation ("City"), the Santa Clara Stadium Authority, a joint exercise of powers entity, created t!U"ough Government Code Section 6500 et seq., ("SCSA"), the Forty Niners SC Stadium, LLC, a Delaware limited liability company ("StadCo"), and SF SB Committee, Inc., a California nonprofit mutual benefit corporation ("Host Committee").

RECITALS
A. The National Football League, an unincorporated, not-for-profit association (the "N}'L") owns, produces and controls its annual professional football championship game known as the Super Bowl and all rights relating thereto on an exclusive, worldwide basis.

B. The Host Committee, acting as the "Bid Commillee" is submitting bids (each a "Bid") to the NFL to host Super Bowl L and LI (each a "Super Bowl, ,) and related activities with
the expectation that a Super Bowl will be played at the Santa Clara Stadium (the "Stadium") and other Super Bowl events will occur in the city of Santa Clara. If awarded a Super Bowl, the Host Committee will become the actual host of the awarded Super Bowl, and is expected to raise sufficient funds lo pay all of its obligations in connection with the Super Bowl.

C. The Stadium is owned and operated by the SCSA. SCSA leases the property upon which the Stadium is constructed from the City pursuant to that certain Ground Lease dated March 28, 2012 by and between the City and the SCSA, (the "Ground Lease"). StadCo leases the Stadium from the SCSA for six months of the year pursuant to that certain Stadium Lease dated March 28, 2012 by and between the SCSA and StadCo (the "Stadium Lease"), and pursuant to the Stadium Lease is responsible for operating the Stadium for all ''NFL Events," as such term is defined in Section 4.2.2 of the Stadium Lease.

D. The City is supportive of the bid to host a Super Bowl and has within its jurisdiction facilities and premises, access roads, thoroughfares and other areas that may be used for the purpose of organizing, promoting, accommodating, staging and conducting a Super Bowl and its related events.

E. StadCo and its affiliated entities are also supportive of the bid to host a Super Bowl and have devoted and will continue to devote substantial resources to the effort to win the bid and, if avvarded, to accommodate, stage and conduct a Super Bowl.

F. The NFL requires d1at the City, as part of the bid package, provide assurances that certain govenunental services are provided for a Super Bowl at no cost to the NFL or the Teams participating in a Super Bowl. The City has adopted the required resolutions as l 524\02\1306440.3
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Resolutions No. 13-8009, 13-80 IO, 13 8011, 13-8012, 13-8013, 13-8014 ("Resolutions") in the form attached hereto as Exhibit A, and is prepared to provide the required services subject to the agreements regarding reimbursement provided_ for in this Agreement.

G. The City, the SCSA, StadCo and the Host Committee desire to enter into this Agreement to set forth certain rights and obligations of the parties with respect lo a Super Bowl.

NOW, THEREFORE, for and in consideration of the premises, undertakings and mutual covenants of the parties set forth herein and other good and valuable consideration, the receipt and sufficiency of\'vhich is hereby acknowledged, the parties agree as follows:

I. Super Bowl Services.
a. The parties anticipate that the City will schedule, provide and command on-duty and off-duty police officers, fire personnel, medical personnel, traffic management personnel, other public safety personnel and other personnel from the City and other jurisdictions (pursuant to agreements between such other jurisdictions and the City) to perform public safety, traffic management and other public services (such services, including any services agreed to pursuant to Section l .b., collectively referred to as "City Super Bowl Services") for certain components of a Super Bowl that are expected to take place in the City, including but not limited to the Super Bowl Game, the NFL Tailgate, NFL On Location and Media Day to be held in connection with the Super Bowl. b. Upon the award of the Super Bowl by the NFL to the Host Committee, and every three months thereafter until the conclusion of the Super Bowl, the Parties shall meet and confer in good faith to mutually agree upon the scope and terms of the City Super Bowl Services including: (i) the specific public safety services to be provided, including but not I imited to the training and deployment of police, fire and emergency medical services described in the Resolutions (the "Public Safety Services"); (ii) the other specific City Super Bowl Services agreed to be funded by the Host Committee that arc not Public Safety Services to be provided, including but not limited to traffic management, planning, building inspection, public right-of-way cleanup or otherwise described in the Resolutions (the "Other City Super Bowl Services"); and (iii) the actual costs expected to be reasonably incurred by the City for the provision of such Public Safety Services (the "Public Safety Services Costs") and Other City Super Bowl Services (the "Other City Super Bowl Services Costs" and, together with the Public Safoty Services Costs, the "City Super Bowl Services Costs"); and (iv) a fair and reasonable budget and cost allocation as between the City and the Host Committee with respect to costs related to planning for Public Safety Services (the meet and confer process described in this sentence shall be referred to herein as the "Services Agreement Process"). The City and the Host Committee recognize that the scope of the Public Safety Services to be provided will, at a minimum, be expected to meet any standards established by the NFL and federal law enforcement agencies. The parties hereby agree that the City shall not provide or undertake to provide any 1524\02\ 1306440.3
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2 Public Safety Services or Other City Super Bowl Services, and the City shall not incur any Public Safety Services Costs or Other City Super Bowl Services Costs, until the parties reach a mutual agreement on such items pursuant to the Services Agreement Process. Such mutual agreemcnt(s) shall be memorialized as amendment(s) to this Agreement.
c. In the event that the City and the Host Committee are unable to agree on either (i) the budget and cost allocation related to planning for Public Safety Services; or (ii) any significant matters relating to the scope of either the Public Safety Services or Other City Super Bowl Services, or the amount of City Super Bowl Services Costs, and either the City or the Host Committee concludes, after the City and the Host Commiltee have met at least three times on a particular issue, that discussions are no longer productive and the matter needs to be resolved to meet a reasonable schedule, then either party may cause the parties lo submit any such unresolved matters to a mutually agreed upon mediator to be identified al a later time. The City and the Host Committee agree to split the costs of any such mediation. The parties expect that the selected mediator would have experience and knowledge of public safety matters in the context of a large entertainment or sports event, but that such selected mediator would not have to be a current or former public official. Any such mediation shall be conducted expeditiously and in all events the parties shall use their best efforts to have such mediation resolved within sixty (60) days after the matter is submitted to mediation. The City shall not undertake or provide any City Super Bowl Services that are the subject of such mediation until the mediation is completed.
d. The City and the Host Committee may agree to use providers in addition to City personnel to the extent necessary based on City resources or, with respect to Other City Super Bowl Services, reasonably practicable in accordance with applicable Jaw and the City's employment and labor obligations. To the extent that Public Safety Services Costs or Other City Super Bowl Services Costs would be provided by third parties the Host Committee may obtain estimates of such costs from other jurisdictions or service providers or negotiate lower costs with outside providers used by the City, and the patties shall use their best efforts to agree to use the lowest cost provider that is reasonably available. The Host Committee I 52410211306440.3
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and the City will mutually agree on the terms of the agreements with any such outside providers. The Host Committee recognizes that the City is responsible for police and fire services within the City of Santa Clara and City will not relinquish its police powers within its jurisdiction. The Host Committee further recognizes that the City will be the lead local jurisdiction for Super Bowl events held in the City and any other local government entities (or persons employed by such entities) involved in the provision of Public Safety Services will be under the command of persons employed by the City for purposes of delivering Public Safety Services in cooperation with the NFL and federal Jaw enforcement agencies.
3 ..
'
e. The Host Committee shall be responsible, and reimburse the City, for all of the City's actual Public Safety Services Costs for Public Safety Services and Other City Super Bowl Services Costs for Other City Super Bowl Services agreed upon pursuant to the Services Agreement Process pursuant to paragraph Lb. herein and memorialized in an amendment hereto.
f. Upon award of the Super Bowl by the NFL to the Host Committee, the City can submit invoices to the Host Committee for agreed Pub I ic Safety Services and· agreed Other City Super Bowl Services for actual costs incurred by the City in connection with the actual performance of such services, including any deposits required to be paid by the City pursuant to any contracts entered into in accordance with agreed Public Safety Services and Other City Super Bowl Services (but subject to reimbursement to the Host Committee if any such deposits are refunded to the City under any such contract). Each invoice shall be detailed including a breakdown of services provided and hourly rates for the personnel providing such services. The Host Committee shall be responsible for paying each invoice within sixty (60) days of receipt. In addition, no fewer than 30 days prior to the day of a Super Bowl game, Host Committee shall advance to the City an amount equal to 50% of the agreed City Super Bowl Services Costs expected to be incurred on the day of the Super Bowl game (such amount the "Game Day Advance"). The Game Day Advance shall be counted as a credit toward any then outstanding or subsequently incurred amount owed by Host Committee to the City for City Super Bowl Services. In the event that the Host Committee and the City agree to use non-City providers for any City Super Bowl Services, the terms of payment of such providers shall be as set forth in the agreement for such providers.
g. If the Host Committee is awarded the Super Bowl, the Host Committee shall use its reasonable efforts to determine whether a letter of credit or other form of security acceptable to the Host Committee and the City is available on terms and conditions reasonably acceptable to the Host Committee to secure the aggregate amount of City Super Bowl Services costs agreed pursuant to Section 1.b. The Host Committee will provide updates to the City during the Services Agreement Process regarding the progress of its fundraising and the Host Committee budget.

As part of the Host Committee budget, Host Committee shall create a segregated Santa Clara Public Safety Services Cost line item. The methodology for allocating funds to such line item is to be agreed upon by the City and the Host Committee based on determination of the Public Safety Services Cost pursuant to the Services Agreement Process and the status of the Host Committee fundraising efforts.
h. The parties hereto agree that the Host Committee shall not be required to pay any rental fee or similar charge for the use, in connection with a Super Bowl, of the Stadium or of any parking facilities owned by the City and controlled either by the SCSA or StadCo for Stadium related events listed on Exhibit B. The parties expect that such facilities would be returned in like condition. Notwithstanding I 524\02\1306440.3
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the preceding sentence, the Host Committee shall not be responsible for any damage or Joss resulting from any casualty, terrorist acts, hurricanes, earthquakes, floods, acts of God, fires and other casualties, riots, insurrections or civil commotions, or any similar item, event or condition beyond the Host Committee's reasonable control, or any ordinary wear and tear (each of the foregoing a "Catastrophic Event"). However, the Host Committee shall contribute any proceeds received from any insurance policy for any facility described in this Paragraph l.h. that are paid to the Host Committee in connection with a Catastrophic Event to the owner or party responsible for the repair of any of such facility. The City will support the use of the Santa Clara Convention Center for NFL On Location and an accreditation center related to the Super Bowl at no cost to the Host Committee. The City further supports the remaining use of the Convention Center through a Reservation Agreement with the NFL and its affiliates.

2. Ticket Surcharges.
a. In compliance with the NFL's requirements, the City agrees that for purposes of a Super Bowl, StadCo and SCSA are excused f
r
om any and all obligations to
collect or pay the City of Santa Clara Senior and Youth Program Fee, if applicable. Notwithstanding the preceding sentence, the Host Committee agrees that it will use reasonable efforts to ensure that a portion of any NFL Super Bowl Legacy Grants made by the NFL and funds raised by the Host Committee for purposes of making grants to non-profits are awarded to youth organizations meeting criteria established by the Host Committee operating in the City and pi·oviding services to City of Santa Clara youth, and shall use its reasonable efforts to ensure that appropriate organizations in the City are given equal consideration in terms of the amounts awarded as is given to other organizations throughout the San Francisco Bay Area. If for any reason, no NFL Super Bowl Legacy Grants are awarded to City of Santa Clara youth organizations, the Host Committee agrees that, if it retains any monies after satisfaction of all of its .financial obligations with respect to a Super Bowl, then Host Committee will make a donation of not less than $25,000 ( or the remaining amount of any monies, if less than $25,000) to the City to be used in accordance with the requirements for the Senior and Youth Program Fee.
b. SCSA and StadCo further agree that, for a Super Bowl, that StadCo is excused from any and all obligations to collect or pay the "NFL Ticket Surcharge" as that term defined in Section 12.1. l of the Stadium Lease.

3. Off Site Parking Permit Fee. Pursuant to Section 18.86.030 of the Santa Clara City Code, owners of property to be used for off-site parking for non-residential uses must apply for and pay an Off-Site Parking Permit Fee that is assessed on a per parking space per event basis. The purpose of the Off-Site Parking Permit Fee is to cover public safety and traffic management costs incurred by the City as a result of the use of parking spaces for events. The City costs intended to be paid for with the Off Site 1524\02\1306440.3
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5 Parking Permit fee are part of the costs included in City Super Bowl Services Costs to be paid for by the Ho st Committee pursuant to the terms of this Agreement. In recognition of that fact, the City agrees to use rea sonable efforts to adopt an ordinance exempting owners of off-site parking lots from the Off Site Pa rking Permit Fee for the Super Bowl and related events. StadCo and Host Committee recognize that adoption of such an ordinance is a discretionary action of the City Council and nothing herein waives that discretion. If, however, such an ordinance is not adopted , then the City and the Ho st Committee agree to meet to discuss in good faith any accommodations that may be available in lieu of the exemption.

4. Tran sient Occupancy Tax. The NFL requires that -the NFL and its affiliates be exempted from the payment of any tran sient occupancy taxes associated with hotel rooms occupied by representatives of the NFL and its affiliates, including the teams participating the Super Bmvl (the "Teams"). The City agrees to use reasonable efforts · to adopt an amendment to its Tran sient Occupancy Tax to exempt employees of the NFL and its affiliates named in Exhibit C hereto, including the Teams, from the payment of Tran sient Occupancy Tax. The Host Committee recognizes that the adoption of any such ordinance is subject to the discretionary approval of the City Council and that as with all ordinances, such an ordinance may be subject to referendum or challen ge. I( however, such an ordinance is not adopted, then the City and the Host Committee agree to meet to discuss in good faith any accommodation s that may be available in lieu of the exemption.

5. Stadium License. NFL request s an agreement (a "Stadium MOU") signed by SCSI\ indicating an agreement concernin g matters described in the Bid speci fication s relatin g to the Stadium and other areas of SCSA's authority , responsibility or control with respect to the Super Bowl. StadCo acknowled ges that the SCSA will enter into the Stadium MOU and into the Licen se contemplated therein. StadCo will cooperate with the SCSA to make StadCo 's leased space in the Stadium and Ancillary Sites (a s defined in the Stadium MOU), including parking area s, available under the Stadi um MOU and the Licen se in acco rdance with the terms of the Stadium MOU and the License; provided that StadCo shall not be required to incur any out of pocket co sts in connection therewith. The parties acknowledge and agree, except as otherwise agreed to in writing by such entity after the date of this Agreement , that none of StadCo, the SCSA and/or the City or any of their respective affiliates shall be responsible for any co sts under the Stadium MOU or Licen se, including, but not limited to preparing the field pre-Super Bowl, or repairing and restoring the field, the Stadium, and all surrounding and related areas, includin g all parking area s under the cont rol of the City, the SCSA or StadCo ( except to the extent of proceeds received in respect of a Catastrophic Event, as defined in Paragraph l .i ; herein under in surance maintained in accordance with the Ground Lease or Stadium Lea se), and that none of SCSA, StadCo and the City, nor any of their respective affiliates, will be respon sible for any other out of pocket costs, including without limitation, any inc remental in surance costs relating to the Super Bowl, that mi ght otherwise be costs of StadCo or the SCSA, or their affiliates, under the Stadium Lease or agreements relatin g to Stadium parking or other Stadium uses. The City, SCSA and the Host Committee agree that neither StadCo nor I 524102\1306440.3
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6 any of its affiliates shall have any further obligation, cost or liability under the Stadium Lease or otherwise arising out of or relating to the Super Bowl other than as set forth in the Stadium MOU, except to the extent that StadCo may, after the date hereof, otherwise agree in writing.

6. Ambush Marketing. The City agrees to use reasonable efforts to adopt an anti-ambush marketing "Clean Zone" within designated areas surrounding the Stadium to be agreed upon by the City, the NFL and the Host Committee, by, among other things, permitting marketing and advertising in the Clean Zone only upon the grant of a permit by the City. Notwithstanding the previous sentence, any anti-ambush marketing Clean Zone provisions are subject to federal and state Constitutional f r
ee speech protections. In
adopting any regulations the City will use its best judgment of the legality of any antiambush marketing Clean Zone regulations and will only adopt such regulations that are reasonably understood to not result in an impairment of free speech rights. To the extent that the NFL shall require the City to incur costs enforcing the Clean Zone ordinance, such costs would be considered Public Safety Costs subject to reimbursement f
r
om the Host Committee pursuant to this Agreement. Recognizing the limitations of any Clean Zone regulations imposed by the City, the Host Committee agrees that to the extent that the NFL requires a prevention fund to prevent ambush marketing, the Host Committee shalt be solely responsible for funding the prevention fund.

7. Compliance. In recognition of the significance of a Super Bowl and to ensure the safety of the public, the City agrees to allocate personnel and to establish expedited review processes for construction activity inside the Stadium and in the areas adjacent to the Stadium to adequately permit and inspect construction related to a Super Bowl.

These expedited review processes will be provided to the NFL and the Host Committee to facilitate the timely submittal, review and approval of construction activities related to Super Bowl. The City also agrees to consider applications for permit fee waivers for construction activity related to the Super Bowl conducted by the NFL or the Host Committee which waivers are subject to the discretionary approval of the City Council.

If, however, any fee waiver is not granted or expedited review is not granted, then the City and the Host Committee agree to meet to discuss in good faith any accommodations that may be available in lieu of such accommodations.

8. Host Committees Responsibilities. The Host Committee shall be solely responsible for meeting any obligations that the Host Committee may incur with regards to the use of facilities in or around the Stadium that require the Host Committee to enter into contracts with parties other than the City, SCSA and StadCo.

9. Fees and Taxes. Except as otherwise agreed to herein, the City is not responsible for and is not agreeing to waive any income, gross receipts, payroll, f r
anchise, sales and
use, admission, or amusement, taxes that maybe imposed on the NFL or its affiliates, the Host Committee or its affiliates or with respect to the Super Bowl events to be held in the City and shall not be responsible to reimburse the NFL, its affiliates, the Host 1524\02\1306440.3
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7 Committee or ils affiliates for any income, gross receipts, payroll, franchise, sales and use, admission, or amusement taxes paid by such entities except as set fo11h herein.

10. Non-Liability of Officials. No member, official, employee, manager or agent of any party shall be personally liable to any other parly, or any successor in interest, in the event of any default or breach by such party for any amount which may become due to any other party or successor or on any obligation under the terms of this Agreement. 11 . State Law. This Agreement, and the rights and obligations of the patties hereto, shall be construed and enforced in accordance with the laws of the State of California.

12. Additional Acts. The parlies each agree to take such other and additional actions and execute and deliver such other and additional documents as may be reasonably requested by the other parties for purposes of consummating the transactions contemplated in this Agreement.

13. Validity of Agreement. If any provision of this Agreement, or the application thereof to· any person, party, transaction, or circumstance, is held invalid, the remainder of this Agreement, or the application of such provision to other persons, parties, transactions, or circumstances, shall not be affected thereby.

14. Modification and Amendment. This Agreement cannot be amended or modified except by written agreement of the pai1ies.

15. Termination. This Agreement may be terminated by the Host Committee upon 10 days written notice to the other parties hereto in the event that (i) the Host Committee or the NFL has determined that the Super Bowl will not be held at the Stadium and (ii) Host Committee has fully reimbursed the City for actual City Super Bowl Services Costs for agreed City Super Bowl Services incurred by the City prior to the effective date of such termination.

This Agreement may be terminated by the City or SCSA upon 10 days written notice to the other parties hereto in the event that the Host Committee fails to make any payments required to be made to the City or the SCSA pursuant to this Agreement when due and such failure continues after the City/SCSA has provided the Host Committee with written notice of such failure and at least 30 days to cure such failure (or 10 days to cure such failure in the case of a failure to pay the Game Day Advance in a timely manner). In the event this Agreement is terminated as a result of the Host Committee's failure to make required payments, the City and the SCSA shall also be entitled to rescind the Resolutions and take whatever actions are necessary to limit its liability with regards to the City Super Bowl Services.

Notwithstanding the foregoing, Paragraph 5 of this Agreement shall survive any termination pursuant to this Paragraph 15.

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16 . Enti re Agreement. This Agreement (including any Ex hibits, Sc hedule s, Appendice s or ot he r attachments hereto) const itute s the entire agreement, and supe rsedes all prior written agreements, anangements, communications and understandings, an d all prior and contemporane ou s oral agreements, arrangements, commun ications and un derstandings among the pa rties with respect to the subject matte r he reof and thereof.

Notwithst anding any oral agreement or course of conduct of the parties or their repres entatives to the contrary, no party to this Agreement shall be under any legal obligation to ente r into or complete the transactions contemplated hereby unless and unt il this Agreement shall have been execute d and delivered by eac h of the pa rties.

17. Bin ding Upon Successors. This Agreement shall be bin din g up on and inure to the benefit of the heirs, admin istrators, executors, successors in interest an d assigns of each of the pa rties to this Agreement. Any reference in this Agreement to a speci fically named party shall be deemed to appl y to any success or, heir, administrat or, exec utor or assign of such party who has ac quired an interest in comp I iance with the terms of this Agreement, or un der law.

J 8. Time of the Essence. Time is of the essence in the performance of all duties an d obligat ions un der this Agreement.

19. Execution in Counterparts. This Agreement may be executed in an y numb er of counterpa rts and by different parties he reto in sepa rate counterparts, each of which when so executed shall be deemed to be an original and all of which ta ken together shall constitute one and the same agreement.
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[The remainde r of this page intentionally left blan k] 9 IN WITNESS WHEREOF, this Agreement has been executed as of the date set forth in the opening paragraph of this Agreement.

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
City Attorney
KITE~ -----...._
ROD DJRIDON, JR.

City Clerk
(\ .. C\,.\\ k 7idon~~
City Manager
1500 Warburton Avenue
Santa Clam, CA 95050
Telephone: (408) 61 5-22 10
Fax: (408) 241-6771
Date

SANTA CLARA STADIUM AUTHORITY
a joint exercise of powers entity, created th.-ough Government Code Section 6500 et seq.

R (CHARD E. NOSK Y, JR.

Authority General Counsel Altla
ROD DIRJDON, JR.

Authority Secretary
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10 ~ JG-_, .iioJ.~EWS
Executive Director
1500 Warburton A venue
Santa Clara, CA 95050
Telephone: (408) 61 5-2210
Fax: (408) 241 -6771
Date
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FORTY NINERS SC STADIUM COMPANY, LLC, a
Delawat·e limited liability company
B l - - --l~....i..::::-=:::....i......-;,::;__ _________ _ T ecutive Vice Pt·esident
SF SB COMMITTEE, INC., a California nonprofit
mutual b~•:poraf ."
By: , l /-d
Name: Daniel Ltn·ie
Title: Pt·esident
I I

EXHIBIT A
Resolutions
[See attached]
RESOLUTION NO. 13-8009

A RESOLUTION OF THE CITY OF SANTA CLARA,

CALIFORNIA, REGARDING SUPPORT FOR SUPER

DOWLLBID
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, the National Football League (the "League") owns, produces and c-0nh ols the amrnal professional football championship game knO\m as the "Super Bowl," the larges[ national ammal sporting event held in this countT)'; NFL Properties LLC (''NFLP" or, together with the League, the "NFL") owns, produces and controls the "NFL Experience," and along with other NFL Affiliates owns, produces and controls certain other events associated with the Super Bowl ("Official Events");
WHEREAS, the City of Santa Clara has within its jurisdiction facilities and their premises, access roads, thoroughfares and other areas which may be used for the purposes of organi�ng, promoting, accommodating, staging and conducting Super Bowl Land its related Official Evc1its and activities;
WHEREAS, hosting the Super Bowl and Ofl1cial Events will generate goodwill, enhance the worldwide renown and prestige of the City of Santa Clara, create temporary jobs and create substantial beneficial economic and fiscal activity;
WHEREAS, the NFL bas requested a declaration of support from the City of Santa Clara and certain assurauces concerning the perfomiance of reasonably necessary govenunental services in connection with the Super Bowl and related Official Events held in the City of Santa Clara as part of the fonnal bid of SF SB Committee to have the City of Santa Clara designated as a site for Super Bowl L; and,
WHEREAS, the Stadium Project, including CODsideration of a Super Bowl being held at tl1e Stadiwu has previously undergone environmental review pursuant to the California City Support Resolution Super Bowl L
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Enviromncntal Quality Act ("CEQA") and was considered as part of the project Environmental Impact Report certified for the proposed 49ers Santa Clara Stadium Project ill 4900 Ccnte1mial Iloulevard (the "Stadium ECR").

NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA· AS FOLLOWS:

I. The City Council hereby finds, for the following reasons, and based on the provision of CEQA (with particular reference to 14 California Code of Regulations, Section 15162), that the Stadiwn EIR has served as the enviromnental documentation pursuant to CEQA for approval of this Resolution and the Super Bowl. 111e City Council further specifically finds tl)at there have not been any of the follo\\fog occurrences since the approval of the Stadium EIR that would require a subsequent or supplemental enviro?,Jnental docwnent in connection \\�th approval of Ibis Resolution and a Super Dowl being held al the Stadium:
a. there have not been substantial changes in the project analyzed in the Stadimn EIR which would require major revisions in the Stadium ECR and the Mitigation Monitoring Program;
b. there have not been substantial changes with respect to the circwnstances under which the project analyzed in the Stadium ECR will be undertaken wl1ich would require major revisions in the Stadium EIR and the Mitigation Monitoring Program; and, c. there has not been the appearance of new information which was not known and could not have been known as of the date of approval of the Staditun EIR and the Mitigation Monitoring Program which is relevantto the approval of the Stadimn EIR and the Mitigation Monitoring �rogram as it relates to the approval of the documents and agreements set forth in this Resolution.

City Support Resolution Super Bowl L Page 2 of5
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'.

2. That the City of Santa Clara welcomes Super Bowl L and related Official Events to its jurisdiction and to that end declares its full support of the efforts of SF SB Committee, lnc. to have the Cit)' of Santa <;:Iara selected as the site for Super Bowl L.

3. 11iat, upon �esiguation of the City of Santa Clara as a site for Super Bowl L, and at all times thereafer, the City of Santa Clara, and its agencies, departments and personnel, agree to provide all govcnunental serv
ices (including without limitation public safety, security, fire and medical emergency, traffic, decorative display and public works/street maintenance services and supplies) reasonably necessary to the success of Super Bowl L and related Official Events with.in its jurisdiction (whether, recognizing the uniqueness and extraordinary scope of the Super Bowl, such services are below, equal to or beyond the nonnal level and range of govemmcnta! services usually provided for events held within the jurisdiction), including all planning, trainfog or deployment activities related to the provision of such services, all at no cost, expense or liability to the NFL or the two participating Teams (the "Teams").

4. That the City of Santa Clara agrees that neither the NFL, the Teams, nor any director, shareholder, officer, agent, employee or other representative of the NFL or the Teams shall be held accountable for or incur any financial responsibility or liability of any kind or nature whatsoever in com1cction with the govenunental serv
ices pla1mcd and/or provided relating to
Super Bowl L and related Official Evenis.

5. That the City of Santa Clara agrees that it shall not authorize any sponsorships of the City of Santa Clara <luring the two weeks prior, through the week following; of Super Bowl L anti related Official Events, provided, however, nothing herein shall prevent the City from authorizing sponsorships of specific City events tmrelated to the Super Bowl.

6. Nothing herein shall prevent ·the City from seeking reimbursement for the govenunental City Support Resolution Super Bowl L
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services prqvid�d related to the Super I3owl and other OOicial Events from the SP SB Committee, the Santa Clara Stadium Authority or any other entity other than the NFL and the Teams.

7. The City Manager is hereby authorized and directed to file a Notice of Determination with respect to the approvals set forth in this Resolution in accordance with the applicable provisions ofCEQA.

8. 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 rcmaini11g portions of the resolution. The City of Santa Clara, Califomia, hereby declares that it would have passed this resolution and each section, subsection, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more section(s), subsection(s), scntcnce(s), clause(s), 11hrase(s), or word(s) be declared invalid.

City Support Resolution Super Bowl L
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City Council and Authorities ConcurrentSeptember 23, 2025

City Council and Authorities Concurrent
September 23, 2025