Agenda packet — City Council and Authorities Concurrent, April 7, 2026 (part 1 of 3)

City of Santa Clara
Joint Meeting Agenda of the
City Council and Authorities Concurrent &
Santa Clara Stadium Authority Board
Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
5:30 PMTuesday, April 7, 2026
The City of Santa Clara is conducting City Council meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely). • Via Zoom:
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Meeting ID: 997-0675-9306
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City of Santa ClaraCity of Santa Clara Page 1 of 12 Printed on 4/2/2026 Meeting Agenda April 7, 2026

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5:30 PM CLOSED SESSION
Call to Order in the Council Chambers
Confirmation of Quorum

1. Conference With Legal Counsel--Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9
Number of Potential Cases: 1
C
laimant: 1220 Santa Clara Propco, LLC (STACK
Infrastructure, Inc.), claim attached
26-362
Public Comment
The public may provide comments regarding the Closed Session item(s) just prior to the Council beginning the Closed Session. Closed Sessions are not open to the public.

Convene to Closed Session (Sparacino Conference Room)
7:00 PM JOINT CITY COUNCIL/STADIUM AUTHORITY BOARD MEETING Call to Order in the Council Chambers
Pledge of Allegiance and Statement of Values
Roll Call

REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS

CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS

SPECIAL ORDER OF BUSINESS

2.A 26-381 Presentation from Valley Transportation Authority

2.B 26-294 Proclamation of April 19-25, 2026 as National Library Week

2.C 26-303 Proclamation of April 2026 as Autism Awareness Month

2.D Proclamation of April 2026 as American Muslim Appreciation and Awareness Month
26-304

CONSENT CALENDAR
[Items listed on the CONSENT CALENDAR are considered routine and will be adopted by one motion. There will be no
separate discussion of the items on the CONSENT CALENDAR unless discussion is requested by a member of the
Council, staff, or public. If so requested, that item will be removed from the CONSENT CALENDAR and considered under CONSENT ITEMS PULLED FOR DISCUSSION.]
Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Closed Session - 5:30 PM | Regular Meeting - 7:00 PM
Meeting Agenda April 7, 2026

3.A Board, Commissions and Committee Minutes26-7
Note and file the Minutes of:

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Stadium Authority Board Meeting
Meeting Agenda April 7, 2026

3.B Action to Authorize City Manager to Negotiate and Execute on Materials
Testing and Special Inspection Services Agreements
for Public Works Projects with Achievement Engineering Corp.; CTE Cal, Inc.; ISI Inspection Services, Inc.; Ninyo & Moore Geotechnical and Environmental Sciences Consultants; Signet Testing Labs, Inc.; and Twining, Inc.
26-62

1. Authorize the City Manager to negotiate and
execute agreements with Achievement
Engineering Corp ($350,000), CTE Cal, Inc.
($350,000), ISI Inspection Services, Inc.
($350,000), Ninyo & Moore Geotechnical and
Environmental Sciences Consultants ($350,000),
Signet Testing Labs, Inc.($350,000), and Twining,
Inc. ($350,000) to perform on-call materials testing
and special inspection services, each with a an
initial maximum compensation of $350,000, for a
combined amount not-to-exceed $2,100,000 over
the three-year terms of the agreements, in forms
substantially similar to Attachment 1 and subject to
the final approval as to form by the City Attorney;

2. Authorize the City Manager to amend agreement
not-to-exceed amounts as long as the cumulative
total of all the agreements does not exceed
$2,100,000 subject to annual appropriations; and

3. Authorize the City Manager to exercise up to two
one-year extensions for each agreement and
make minor modifications to the agreements, if
necessary.

Recommendation:

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Stadium Authority Board Meeting
Meeting Agenda April 7, 2026

3.C Action to Authorize the City Manager to Negotiate and Execute Construction
Management and Inspection Services Agreements
for Public Works Projects with 4Leaf Inc., Consor North America, Inc., CSG Consultants, Swinerton Management &
Consulting, LLC, and Zoon Engineering
26-63

1. Authorize the City Manager to negotiate and
execute agreements with 4Leaf Inc., Consor North
America, Inc., CSG Consultants, Swinerton
Management & Consulting, LLC, and Zoon
Engineering, each with an initial maximum
compensation amount of $1,600,00, to perform
on-call construction management and inspection
services for a combined amount not-to-exceed
$8,000,000 over the initial three-year terms of the
agreements, in forms substantially similar to
Attachment 1 and subject to the final approval as
to form by the City Attorney;

2. Authorize the City Manager to exercise up to two,
one-year extensions for each agreement and
make minor modifications to the agreements, if
necessary; and

3. Authorize the City Manager to adjust
compensation amounts between the agreements
and to amend agreement not-to-exceed amounts
up to an aggregate amount of $10,000,000 subject
to budget appropriations.

Recommendation:

3.D Update to Council on Charter Review Committee Progress with its
Assigned “Charter Project” Proposed Plan for Charter
Reorganization, and Proposed Schedule for City Council
Consideration and Action
26-380
Note and file the report.Recommendation:

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Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Meeting Agenda April 7, 2026

3.E Action on Resolution Establishing the Political Campaign Voluntary
Expenditure Limit and Campaign Contribution Limits
for the November 3, 2026, Municipal Election; Information on Levine Act (SB1439) Requirements
26-148
Adopt a Resolution establishing the Political
Campaign Voluntary Expenditure Limit and Campaign
Contribution Limit for the November 3, 2026 General
Municipal Election with:

1. The voluntary expenditure limit based on CPI
adjustments set to $55,890 for city-wide contests
and $29,590 for district-based contests; and

2. The individual campaign contributions based on
CPI adjustments set to $760 for candidates who
accept the voluntary expenditure limit and $380 for
candidates who do not accept the voluntary
expenditure limit.

Recommendation:

3.F Action on the 2026 City Council Priority Setting Session Framework
26-387
Approve the 2026 City Council Priority Session
Framework and Annual City Council Priority Setting
Session Framework.

Recommendation:

SANTA CLARA STADIUM AUTHORITY BOARD CONSENT CALENDAR

4.A Action on Stadium Authority Bills and Claims for the Month of February 2026
26-301
Approve the list of Stadium Authority Bills and Claims
for February 2026.

Recommendation:

4.B Action on Amendment No. 5 to the Agreement with Bear Electrical Solutions, LLC for On-Call Electrical Maintenance and Repair Services at Levi’s Stadium to Extend the Agreement for Up to Six Months
26-224
Approve the Stadium Manager’s request to execute
an Amendment No. 5 to the Agreement with Bear
Electrical Services, LLC to extend the term of the
agreement on a month-to-month basis, not to exceed
six months, commencing on May 5, 2026, in an
amount not to exceed $250,000 for the fifth contract
year and the month-to-month extension and a total not
to exceed amount of $2,020,000 for the entire term of
the Agreement.

Recommendation:

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Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Meeting Agenda April 7, 2026

PUBLIC PRESENTATIONS
[This item is reserved for persons to address the Council or authorities on any matter not on the agenda that is within the subject matter jurisdiction of the City or Authorities. The law does not permit action on, or extended discussion of, any item not on the agenda except under special circumstances. The governing body, or staff, may briefly respond to statements made or questions posed, and appropriate body may request staff to report back at a subsequent meeting. Although not required, please submit to the City Clerk your name and subject matter on the speaker card available in the Council Chambers.]

CONSENT ITEMS PULLED FOR DISCUSSION

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Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Meeting Agenda April 7, 2026

5. Action on an Amendment No. 1 to the Agreement with West Coast Turf for the Supply, Delivery, and Installation of Sod for the Field at Levi’s Stadium to Extend the Term by One Year, Increase the Total Agreement Amount, Update the
Compensation and Fee Schedule, and Delegate Authority to the Executive Director for Future Amendments
(DEFERRED FROM MARCH 24, 2026)
26-364

1. Approve and authorize the Stadium Manager to
execute an Amendment No. 1 with West Coast
Turf for supply, delivery, and installation of sod
services at Levi’s Stadium to increase the
maximum compensation by $1,600,000 to cover
services from April 1, 2026 to March 31, 2027 and
update the compensation and fee schedule to
reflect Exhibit B-2 and Schedule A-1;

2. Authorize the Executive Director to approve future
amendment to the Agreement with West Coast
Turf to exercise the final one-year option for the
fifth contract year, increase the not-to-exceed
amount by $1,680,000 to cover services from April
1, 2027 to March 31, 2028, and adjust the
compensation fee schedule to reflect rate
increases not to exceed 5% upon providing
reasonable justification of rate increases, all
subject to the same basic terms and conditions
and budget appropriations;

3. Authorize the Executive Director to approve future
amendment to the Agreement with West Coast
Turf, under the same basic terms and conditions,
for a period not to exceed six months beyond the
fifth contract year through September 30, 2028,
increase the not-to-exceed amount by $840,000 to
cover up to six months of services, and adjust the
compensation and fee schedule to reflect rate
increases not to exceed 5% over the prior year
upon providing reasonable justification of rate
increases, provided the Stadium Manager is
engaged in an active competitive solicitation
process and subject to budget appropriations; and

4. The total not-to-exceed maximum compensation
for the Agreement, inclusive of all contract years
and the six-month extension period, shall not
exceed $8,920,000.

Recommendation:

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Joint Council and Authorities Concurrent &
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Meeting Agenda April 7, 2026

6. Action on Monthly Financial Status and Investment Reports for December
2025 and Approve the Related Budget Amendments
(ITEMS 2b AND 2e CONTINUED FROM MARCH 10, 2026)
DEFERRED FROM MARCH 24, 2026
26-366

2. Approve the FY 2025/26 budget amendments in
the following funds (as detailed in the Fiscal Impact
section of the staff report and Attachment 1 of the
staff report):
b. In the Downtown Parking Maintenance District
Fund, transfers funding to the Public Buildings
Fund and decreases the unrestricted ending
fund balance, with a net impact of $0; and
e. In the Public Buildings Capital Fund,
recognizes a transfer from the Downtown
Parking Maintenance District Fund and
establishes a Public Facilities Paid Parking
project, with a net impact of $180,000.

Five affirmative Council votes required to
appropriate additional revenue, allocate unused
balances
Recommendation:

PUBLIC HEARING/GENERAL BUSINESS

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Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Meeting Agenda April 7, 2026

7. Public Hearing: Action on Appeal (PLN26-00094) of a Project Located at 2892 Mesquite Drive for Planning Commission’s Affirmation of an Approval of an Architectural Review Permit (PLN25-00561) Decision from the Development Review Hearing for a 621 Square Foot First Floor Addition and a 397 Square Foot Second Floor Addition to an Existing Two-Story 2,081 Square Foot Single-Family Residence with a 500 Square Foot Attached Garage on a 7,351 Square Foot Lot. CEQA Status:

Exempt from CEQA per Section 15301
26-244

1. Determine the project to be exempt from the
California Environmental Quality Act (CEQA)
formal pursuant to CEQA Guidelines Section
15301 (Class 1 - Existing Facilities); and

2. Adopt a resolution to overrule the appeal and
affirm the decision of the Planning Commission to
approve the Architectural Review for the
construction of a 621 square foot first floor addition
and a 397 square foot second floor addition to an
existing two-story 2,081 square foot single-family
residence with a 500 square foot attached garage
on a 7,351 square foot lot at 2892 Mesquite Drive,
subject to findings and conditions of approval.

Recommendation:

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Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Meeting Agenda April 7, 2026

8. Reconsideration of Action on an Agreement with Peregrine Technologies,
Inc. for a Data Integration Platform and
Professional Services for a Not-to-Exceed Amount of
$2,802,002 Over a Ten-Year Term and to Approve the Related Budget Amendment
26-377

1. Authorize the City Manager or designee to execute
an agreement with Peregrine Technologies, Inc.
(Agreement) for an enterprise Data Integration
Platform and related professional services for an
initial five-year term with a maximum amount
not-to-exceed $1,179,690, subject to the
appropriation of funds and approval of final form by
the City Attorney;

2. Authorize the City Manager or designee to take
any actions as necessary to implement and
administer the Agreement, including (a) exercising
up to five one-year options to extend the
Agreement term, and (b) negotiating and
executing amendment(s) to the Agreement to (i)
increase the maximum compensation by up to
$1,622,311 (inclusive of $254,727 contingency for
initial and optional terms) for a total aggregate
not-to-exceed amount of $2,802,001 over the full
ten-year term, (ii) add or delete services consistent
with the scope of services, and (iii) make de
minimis changes, subject to the appropriation of
funds and approval as to form by the City Attorney;
and

3. Approve the FY 2025/26 Budget Amendment in
the General Fund to increase the Police
Department budget in the amount of $244,420 and
decrease the Budget Stabilization Reserve in the
amount of $244,420 (five affirmative Council votes
required for the use of unused balances).

Recommendation:

REPORTS OF MEMBERS, SPECIAL COMMITTEES AND COUNCILMEMBER 030 REQUESTS

CITY MANAGER/EXECUTIVE DIRECTOR REPORT

ADJOURNMENT
The next scheduled special meeting is on Tuesday, April 14, 2026 in the City Hall Council Chambers.

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Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Meeting Agenda April 7, 2026

MEETING DISCLOSURES
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

STREAMING SERVICES: As always, the public may view the meetings on SantaClaraCA.gov, Santa Clara City Television (Comcast cable channel 15), or the livestream on the City’s YouTube channel or Facebook page.

Note: The public cannot participate in the meeting through these livestreaming methods; livestreaming capabilities may be disrupted at times, viewers may always view and participate in meetings in-person and via Zoom as noted on the agenda.

AB23 ANNOUNCEMENT: Members of the Santa Clara Stadium Authority, Sports and Open Space Authority and Housing Authority are entitled to receive $30 for each attended meeting.

Note: The City Council and its associated Authorities meet as separate agencies but in a concurrent manner. Actions taken should be considered actions of only the identified policy body.

LEGEND: City Council (CC); Stadium Authority (SA); Sports and Open Space Authority (SOSA); Housing Authority (HA); Successor Agency to the City of Santa Clara Redevelopment Agency (SARDA); Bayshore North Project Enhancement Authority (BNPEA); Public Facilities Financing Corporation (PFFC) Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker." In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.

Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format. Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.

Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.

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Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-362 Agenda Date: 4/7/2026

SUBJECT
Conference With Legal Counsel--Anticipated Litigation
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9 Number of Potential Cases: 1
Claimant: 1220 Santa Clara Propco, LLC (STACK Infrastructure, Inc.), claim attached City of Santa Clara Printed on 4/2/2026Page 1 of 1
powered by Legistar™
June 24, 2024
Hosam Haggag
City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
lf :--.., r t-
'- I'
Re: Claim Against the City of Santa Clara Regarding False Promises Made by Silicon Valley Power
Dear Mr. Haggag:

Pursuant to City of Santa Clara Code§ 1.15.020, I am submitting a claim on behalf of 1220 Santa Clara Propco, LLC against the City of Santa Clara for actions taken by Silicon Valley Power ("SVP").

The information required by City of Santa Clara Code§ 1.15.030 and California Government Code§ 910 is set out below along with the required information. (a) The name and post office address of the claimant.
1220 Santa Clara Propco, LLC
1100 Memorex Dr,
Santa Clara, CA 95050
(b) The post office address to which the person presenting the claim desires notices to be sent. 1220 Santa Clara Propco, LLC
c/o STACK Infrastructure, Inc.
1700 Broadway, Suite 1750
Denver, Colorado 80290
Attn: Timothy Kuester, Chief Legal and Administrative Officer ( c) The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted.
1220 Santa Clara Propco, LLC, a Delaware limited liability company ("STACK") is the current owner of SVY02A, a data center facility it constructed at 1200 Memorex Drive in Santa Clara, CA. STACK became the owner of SVY02A in 2022 and head of the Development Team.

When the original developer of the facility came to Santa Clara in 2018, it detailed its intention to develop a data center that would effectively require 90 MW of load, i.e. 100 MV A, by 2023. In the summer of 2021, the developer updated the load forecast as follows:
2022 2023 2024 2025 2026-31
18MVA 35MVA 53MVA 70MVA 86MVA
The final BIR, entitlements and building permit approved by the City Council on November 9, 2021, was for a data center with a substation capacity of a nominal I 00 MV A. At that point in time, neither the City nor SVP provided any indication that SVP would be unable to serve this load or load ramp.

With Santa Clara's and SVP's full knowledge and approval, the Development Team commenced construction in January 2022 on a building that would require 86 MVA.

Only after construction had begun and the Development Team had made firm commitments to the project including execution of contracts and commitments required for construction to proceed did SVP provide the developer with a draft substation agreement, entitled Substation Agreement by and between the City of Santa Clara, California and 1220 Santa Clara Propco, LLC (hereinafter "Substation Agreement"). With that document, SVP indicated for the first time that it might have serious difficulties meeting the project's electrical requirements. Instead ofreflecting the load ramp previously provided to SVP, the Substation Agreement proposed a flat load ramp that topped out at roughly a third of the building design capacity. Specifically, the Substation Agreement provided the following load ramp, one that fell massively short at every milestone:
2022 2023 2024 2025 2026 2027-31
lMVA 4.5MVA 5MVA 18MVA 28MVA 31MVA
The Development Team expressed immediate concerns about the enormous discrepancy between what the Substation Agreement draft provided and what the Development Team needed for the building to serve its intended use and design as a data center facility. SVP told the Development Team not to worry because SVP "was in the business of selling power" and if more power was needed, SVP would provide it. Based on those statements by SVP, the Development Team continued construction and signed the Substation Agreement on May 5, 2022, only after being induced by and relying upon SVP's repeated assurances that SVP would be able to supply the capacity needed by the data center.

The following year, at a meeting with SVP representatives on June 27, 2023, SVP dramatically changed its position regarding the ability to provide the required power to the data center. At that meeting, SVP told STACK that it should not expect any electrical capacity beyond what was stated in the Substation Agreement. At that point, the data center building construction was largely complete, leaving STACK and its partners with a building that could not be leased for anything approaching its designed capacity.

SVP's failure to make good on its promises that it would provide the electrical capacity needed by STACK and its partners to lease the data center building is the basis for a claim of promissory estoppel against SVP. By 2024, STACK and its partners expected, based on previous assurances by SVP, that SVP would be able to serve 53 MV A of load at the building. Currently, SVP is only willing or able to

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serve barely one tenth of this figure, i.e., only 4.5 MVA. This has severely impacted the commercial viability of a data center building specifically designed for tenants with substantial electrical demand.

STACK's and its partners' reasonable reliance on SVP's representations that SVP would provide the needed capacity that was communicated to SVP at multiple stages of planning has led to this situation.

Three months after completing construction in December 2023, things got even worse. On March 14, 2024, SVP told STACK that it should not expect even the Substation Agreement's already insufficient load ramp schedule to be achieved. On that day, STACK and its partners learned that SVP would not provide more than 18 MV A until 2028, at the earliest, effectively delaying capacity increases at the building by three years relative to the already insufficient capacity set forth in the Substation Agreement. Thus, while the Substation Agreement said STACK could expect 28 MV A in 2026 and 31 MV A by 2027, SVP was now saying it would be capped at 18 MV A starting in 2025 until, at least, 2028. (And, even then, if and when SVP is able to supply the 31 MV A stated in the Substation Agreement, that would still only be a third of what STACK has continuously communicated the building needs for it to be fully utilized for its intended and designed purpose.) This delay is a breach of the Substation Agreement. It provides:

SVP will use commercially reasonable efforts to provide the Customer with the requested Available Capacity as described in the Available Capacity Schedule in Exhibit E attached hereto and this will be the Customer's obligation to utilize the Available Capacity based upon the Available Capacity Schedule in Table El. 1
Substation Agreement at Recital E (emphasis added).

SVP breached the Substation Agreement commitment by failing to make "commercially reasonable efforts" given its inaccurate load forecasting and inexplicable delays in commencing projects which it knew were necessary for SVP to provide the electrical capacity promised in the Substation Agreement.

This is evident from SVP's own documents.

Inaccurate Load Forecasting
SVP failed to make commercially reasonable efforts to provide the Customer with the requested Available Capacity by deliberately understating to California energy regulators and transmission planners the expected load of the data center. SVP is required to give its load estimate to the California Energy Commission ("CEC") for its Integrated Energy Policy Report ("IEPR") every year as required by California Code of Regulations, Title 20, section 1345. This information is used for, among other things, transmission planning decisions made by the California Independent System Operator ("CAISO") and participating transmission owners about what transmission upgrades or projects should be advanced.

When SVP asked the original developer of the project for a load estimate on September 1, 2020, the original developer provided the expected load ramp at that time, which was:
12021 12022 12023 12024
1 Table E-1 indicates that 18 MW ofload can be served starting in 2025, 28 MW in 2026, and 31 MW in 2027.

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116 123 MVA 167 MVA 186 MVA
Unbeknownst to STACK, however, SVP did not provide the load ramp information that had been provided and instead provided a false load forecast to the CEC on December 17, 2020, one that suggested SVP would only serve half of the requested capacity and do so at a much slower pace. 2022 2023 2024 2025 2026 2027-31
0 9MVA 21 MVA 33MVA 45MVA 48MVA
See The City of Santa Clara dba Silicon Valley Power Comments on December 17, 2021, Docket No 20-IEPR-03, Document No. 235998 .2
SVP never told the facility developer in 2020, more than a year before construction began, that it was only planning to serve a small portion of the projected load. This was no more commercially reasonable than for SVP to mislead the CEC and the other state energy authorities, including the CAISO which rely upon the CEC's load forecast for its planning of the transmission lines needed to get electricity from the CAISO controlled grid to SVP. By understating the load ramp SVP laid some of the groundwork for SVP's current capacity shortfall.

Delays in Construction of SVP 's Network Upgrades
Soon after the Substation Agreement was signed in December 2022, SVP provided a Customer System Impa ct Report Summary, which indicated that there would be 31.4 MW available at Memorex Junction in 2027. The availability of this amount of capacity was premised on the following SVP upgrades being completed by the dates shown below:
o Northern Receiving Station Upgrades- 5/30/2025
o Scott Receiving Station rebuild - 4/30/2025
o Kifer Receiving Station rebuild - 4/30/2025
o New 115 kV Tx line between Northern and Kifer Receiving Stations - 6/1/2027 SVP has not met (or even tried to meet) these dates. In a bi-annual report to the Santa Clara City Council in March 2024, SVP indicated that the key projects needed for SVY02A to exceed 18 MV A were years behind schedule, including:
o Northern Receiving Station Upgrades: not complete until mid-2027 (2 years behind schedule).
o Scott Receiving Station work: not complete until late 2028 (more than 3 years late) ;
2 This document is available at https://efiling.energy .ca.gov/Lists/DocketLog .aspx?docketnumber=20-IEPR-03 .

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o Kifer Receiving Station work: not complete until early 2029 (almost 4 years behind schedule); and
o New 115 kV Tx line between Northern and Kifer Receiving Stations:
not complete until, at the earliest, end of 2027.3
The delayed in-service dates for these projects constitute breaches by SVP to make the commercially reasonable efforts required under the Substation Agreement to construct the necessary infrastructure to provide the load ramp provided in the Substation Agreement. Instead of making commercially reasonable efforts to meet the in-service dates, SVP has simply extended the dates to STACK's detriment and in breach of the Substation Agreement. SVP's failure to make commercially reasonable efforts to build the required network upgrades on schedule has contributed to STACK's inability to lease the empty data center.

Timeline
To facilitate review of this claim, STACK has included a timeline in the attached appendix which briefly sets forth the key dates relating to this claim, including the Memorex facility's load energization request, the response of SVP to that request, the false load forecast reports SVP provided to the CEC, and SVP's delayed construction schedule for upgrades required to meet the already much-reduced required capacity for the facility.
(d) A general description of the indebtedness, obligation, injury, damage or loss incurred so far as it may be known at the time of presentation of the claim.

STACK has incurred substantial losses as a result of its reliance on SVP's promises that adequate electrical capacity would be provided. SVP's breach of those promises has resulted in losses due to STACK's inability to make productive use of the fully constructed data center building, which, with the land and interest expense, cost in excess of $300 million. STACK has also suffered the loss ofrent for the data halls which STACK cannot lease because SVP has failed to provide the promised additional electrical capacity required by the customers who have use of this type of data center building.

STACK's losses include not only past lost rents but also lost future rents because of the ongoing uncertainty regarding if and when SVP will complete the necessary infrastructure required to provide even the much-diminished electrical capacity stated in the Substation Agreement versus what SVP originally promised it would serve.

In sum, SVP failed to make good on its original promise to meet STACK's needs notwithstanding the Substation Agreement's terms and then its failure, as promised in the Substation Agreement, to even deliver the reduced amount of capacity stated there. As a result, STACK's ability to lease SVY02's data halls now or in the future has been severely compromised. The facility is ready for use, but potential customers have not leased the available data hall space given continuing uncertainty about SVP's ability to make good on its representations regarding capacity. Thus, STACK has a substantial claim for damages for lost lease payments both now and in the future and other damages to be proven 3 It is all but certain that the current six-month delay for the in-service date of the new 115 kV transmission line between the Northern and Kifer Receiving Stations will slip further because SVP has only just begun the environmental review process for this project.

Page 5 ends

at trial should a lawsuit be necessary . STACK estimates that the leasing delays thus far have cost ST ACK in excess of $13 million for every 6 MW of capacity SVP is unable to serve as originally promised.

In addition to the substantial claim for damages, STACK will also be seeking reimbursement for costs intended to mitigate its damages. In that vein, STACK is considering the installation of onsite generation to make up for some of the current capacity shortfall that was previously promised by SVP, which is estimated to cost in excess of $50 million over five years. (e) The name or names of the public employee or employees causing the injury, damage, or loss, if known.

Manuel Pineda , Chief Electric Utility Officer of Silicon Valley Power (f) The amount claimed if it totals less than ten thousand dollars ($10,000) as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage, or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shall be included in the claim. However, it shall indicate whether the claim would be a limited civil case.

The amount of the claim exceeds $10,000 and the claim would not be a limited civil case.

If you need further information regarding this claim, please let me know. I can be reached by email at [email protected].

Sincerely ,
Timothy Kuester
On behalf of 1220 Santa Clara Propco, LLC
Chief Legal and Administrative Officer

Page 6 ends

APPENDIX: Timeline

DATE EVENT

DATES RELATING TO STACK LOAD REQUEST
2018 Memorex facility developer informs SVP that the facility's load will be 90 MW, i.e. 100 MV A.

September 1, 2020 Memorex facility developer provides load ramp to SVP indicating load will be 86 MVA by 2024.

December 1 7, 2020 SVP provides a false load forecast to California Energy Commission (CEC) indicating that SVP would only serve 48 MVA from 2027-31; SVP never informs Memorex facility
developer that it does not intend to provide the 86 MVA as requested.

July 23, 2021 Memorex facility developer provides load ramp forecast to SVP indicating that load will be 86 MVA by 2026.

November 9, 2021 City of Santa Clara approves EIR for the nominal 100 MVA data center.

January 2022 STACK commences construction of data center.

January 2022 SVP subsequently provides STACK with draft Substation Agreement that limits capacity to 31 MVA but assures
STACK "it is in the business of selling power" and if "if more power was needed, SVP would provide it." Construction on project continues.

February 16, 2022 SVP reports to CEC that the I 0-year load forecast is 31 MVA for 2028-2032
April 25, 2022 Substation Agreement executed with maximum of 31 MVA for 2027-31
Throughout 2022 and SVP repeatedly assures STACK that SVP will be able to until June 26, 2023 provide additional energization capacity beyond what is provided for in the Substation Agreement

Page 7 ends

June 27, 2023 At meeting to discuss capacity issue, SVP tells STACK for the first time that it should not expect any electrical capacity beyond the 31 MVA stated in Substation Agreement.

March 14, 2024 SVP tells STACK not to expect more than 18 MVA until 2028 (despite Substation Agreement promising 31 MVA and the
developer having requested 86 MVA).

DATES RELATING TO CONSTRUCTION OF SVP'S NETWORK UPGRADES December 5, 2022 SVP provides system impact study to STACK indicating that all network upgrades on SVP's system needed to serve
STACK's load will be in operation in time to meet the
schedule in the Substation Agreement
March 2024 SVP provides update to Santa Clara City Council regarding progress on the network upgrades on SVP's system needed to serve STACK's load and reports that all of the projects required for the Memorex project are significantly delayed, in some cases by as much as four years.

Page 8 ends

Morgan Lewis
1400 Page Mill Rd
Palo Alto, CA 94304
United States
To: Hosam Haggag
City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-381 Agenda Date: 4/7/2026

REPORT TO COUNCIL

SUBJECT
Presentation from Valley Transportation Authority

BACKGROUND
The Valley Transportation Authority (VTA) was created in 1972 by the Santa Clara County Transit District Act and provides bus, light rail, and paratransit services as well as participates as a funding partner in regional rail service including Caltrain, Capitol Corridor, and the Altamont Corridor Express.

As the County’s congestion management agency, the VTA is responsible for countywide transportation planning, including congestion management, design and construction of specific highway, pedestrian, and bicycle improvement projects, as well as promotion of transit-oriented development.

DISCUSSION
The VTA will provide an overview of a regional transportation sales tax measure that is expected to be on the November 3, 2026 ballot. The VTA is also seeking City input on a local investment plan.

VTA General Manager Carolyn Gonot, Assistant General Manager Greg Richardson, or Board Chair Sergio Lopez will participate in the presentation.

ENVIRONMENTAL REVIEW
This is an information report only and no action is being taken by the City Council and no environmental review under the California Environmental Quality Act (“CEQA”) is required.

FISCAL IMPACT
There is no fiscal impact.

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.

Approved by: Jovan Grogan, City Manager
City of Santa Clara Printed on 4/2/2026Page 1 of 1
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-294 Agenda Date: 4/7/2026

REPORT TO COUNCIL

SUBJECT
Proclamation of April 19-25, 2026 as National Library Week

BACKGROUND
National Library Week (April 19-25, 2026) is an annual celebration highlighting the valuable role that libraries, librarians, and library workers play in transforming lives and strengthening our communities.

Libraries are inclusive places, and the Santa Clara City Library (“Library”) celebrates the joy in bringing our community together for stories, information, public spaces and community gatherings.

Here in Santa Clara, the Library is where people of all ages, backgrounds and beliefs are welcome.

The theme of National Library Week 2026 is “Find Your Joy,” and 2026 already looks to be a joyful year at the Library. With support from City Council, the Library has finalized its 3-year Strategic Plan and 20-year Facilities Master Plan. These studies build on data, demographics, and strong community engagement to inform and develop a vision of the future of our Library services and facilities, where all are welcomed to “Discover what’s possible.” The residents of the City of Santa Clara saw a need for a local library as far back as 1870, when the Santa Clara Library Association formed and collected over 300 volumes to share with residents at the Odd Fellows Hall on Washington and Franklin Streets. Since the construction of the first Library in 1955, where the Mission Branch Library now stands, the possibilities and resources shared with City residents have grown exponentially. From multilingual artificial intelligence programs and story times to teen library card design contests, STEM Zone and Comic Con events, the first small 19th century Library collection has grown into a dynamic library system and community hub with a strong, diverse collection and programming that brings people together. In the 2026 Every Story Counts statewide survey, Santa Clara respondents most frequently identified the Library strengths as services and books for youth (including storytime), the quality and breadth of the physical collection, and friendly and helpful staff. The survey found that the most common reasons to use the library was to borrow items, attend programs, use the space, get information, and to learn or try something new.

The Library welcomed 753,139 visitors in FY 2024-25, and increased investment in our diverse collection of materials including a greater selection of e-books, e-resources or digital databases, and audiobooks. Circulation of library materials has increased 25% from the prior year, to 1,863,357 in FY 2024-25. Community members come to the Library eager for books, music and movies; computers and tech help; community rooms, individual and group study and work spaces; the Library of Things; and programs and services for all ages. Entertainment and informational, educational, cultural and language resources are available for all ages, with books and materials circulating in over eleven languages in FY 2024-25, featuring Japanese, Chinese, Spanish, Korean, Ukrainian, Hindi, Arabic, Turkish, Russian, French, and Vietnamese.

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The Library also plays a critical role in supporting the needs of the Santa Clara community by providing assistance to job seekers, small businesses, and entrepreneurs from all economic, social and cultural backgrounds through internet and technology access, literacy skill support, and connection to services, resources and information. By providing opportunities for all members of the community to gather and connect over shared interests, programs, and meeting spaces for local individuals and groups, the Library provides accessible and inclusive places that promote a sense of local connection, advancing understanding, civic engagement, and shared community goals.

DISCUSSION
The theme for the American Library Association’s (“ALA”) National Library Week 2026, “Find Your Joy,” was chosen to express how libraries provide free, welcoming, open-to-all spaces for communities to find and share stories and knowledge, connection and inspiration. National Library Week takes place from April 19-25, 2026, and is celebrated across the country.

The proclamation of April 19-25, 2026 as National Library Week raises awareness of how the Santa Clara City Library works to improve the quality of life for all Santa Clara residents. These efforts materialize every day in the free and welcoming spaces, collections, services and programs designed to nurture the intellectual freedom, cultural expression and social health and connection of the community. The Library concretely supports the intellectual freedom and freedom to read of its community by providing a diverse and balanced collection including challenged and banned books, accessible and shared through displays and book lists, so community members of all economic situations have the resources to read and think freely.

The Library invites the community to participate in National Library Week this April 19-25, 2026 by visiting the library and sharing what books, programs and events brought them the most joy this year.

The community is invited to a special screening of “Free for All: The Public Library,” on April 22, 2026 at Central Park Library, a documentary sharing the history of a civic institution where everything is free and the doors are open to all. As the new Library mission statement reads, the Library works to “Enhance lives and strengthen our diverse communities by providing the best in information, cultural and technical enrichment, a wide range of programs and services, and opportunities to achieve dreams.”
City Librarian, Patty Wong, and Chair of the Board of Library Trustees, Jonathon Evans, will receive the proclamation.

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
There is no fiscal impact other than staff time.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s City of Santa Clara Printed on 4/2/2026Page 2 of 3
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26-294 Agenda Date: 4/7/2026
Office at (408) 615-2220, email [email protected] or at the public information desk at any City of Santa Clara public library.

Reviewed by: Patty Wong, City Librarian
Approved by: Jovan D. Grogan, City Manager

ATTACHMENTS

1. Proclamation of April 19 - 25, 2026 as National Library Week City of Santa Clara Printed on 4/2/2026Page 3 of 3
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City of SantaClara

WHEREAS, libraries are cornerstones of democracy, promoting the free exchange of information and ideas for all ; and WHEREAS, libraries provide the opportunity for everyone to find joy, connect to community, and connect to the world around them through stories, music, movies, and even in a hands-on way with the Library of Things; and

WHEREAS, libraries serve as safe spaces for all members of the community to come together, express themselves, and learn, regardless of age, race, ethnicity, creed, ability, sexual orientation, gender identity, or socio-economic status, and everyone is welcome; and WHEREAS, our Santa Clara City Library supports intellectual freedom by providing a diverse and balanced collection including challenge d and banned books, providing a welcoming space for all our diverse community seeking the freedom to read; and WHEREAS, our Santa Clara City Library has developed a Strategic Plan and Facilities Master Plan, with a new Mission, to “Enhance lives and strengthen our diverse communities by providing the best in information, cultural and technical enrichment, a wide range of programs and services, and opportunities to achieve dreams.”

NOW, THEREFORE, I, LISA M. GILLMOR, by virtue of the authority vested in me as Mayor, and on behalf of the City of Santa Clara, do hereby proclaim the week of April 19-25, 2026, as
National Library Week

in the City of Santa Clara and encourage our community to visit their Santa Clara City Library to explore the wealth of books and resources available .

Given under my hand and the Seal of the City of Santa Clara, California, this 7th day of April 2026.

LISA M. GILLMOR

MAYOR, CITY OF SANTA CLARA

KELLY G. COX
COUNCILMEMBER, DISTRICT 6

ALBERT GONZALEZ
VICE MAYOR, DISTRICT 1

RAJ CHAHAL
COUNCILMEMBER, DISTRICT 2

KAREN HARDY
COUNCILMEMBER, DISTRICT 3

KEVIN PARK
COUNCILMEMBER, DISTRICT 4

SUDS JAIN
COUNCILMEMBER, DISTRICT 5
Proclamation

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-303 Agenda Date: 4/7/2026

REPORT TO COUNCIL

SUBJECT
Proclamation of April 2026 as Autism Awareness Month

BACKGROUND
Autism Awareness Month originated in 1970. In April 1988, the first presidential proclamation declaring April as Autism Awareness Month was issued.

In 2008, the United Nations General Assembly established April 2 as World Autism Awareness Day, which was initially focused on finding a cure. That first Autism Awareness Day then morphed into a full month, with community members spending April focused on awareness. Over the years, many autistic advocates called on the community to go a step further and move from awareness to acceptance.

The Autism Awareness Day 2026 theme is "Autism and Humanity - Every Life Has Value," according to the United Nations. This theme emphasizes affirming the dignity, rights, and potential of all autistic individuals while fostering inclusive environments, focusing on the belief that embracing neurodiversity is essential for a sustainable and equitable future.

DISCUSSION
At the April 7, 2026, City Council meeting, the City Council will proclaim the month of April as Autism Acceptance Month.

Francisco Valenzuela, the Government Affairs and Community Relations Manager from the San Andreas Regional Center (SARC) will accept the proclamation.

The San Andreas Regional Center is a community-based, private nonprofit corporation funded by the State of California to serve people with developmental disabilities as required by the Lanterman Developmental Disabilities Act. The Lanterman Act is part of California law that sets out the rights and responsibilities of people with developmental disabilities.

San Andreas Regional Center provides case management and community services for residents of Santa Clara, Santa Cruz, San Benito, and Monterey counties whose intellectual or developmental disabilities cause severe impairments in their daily lives. Regional center services are a voluntary entitlement through the Lanterman Developmental Disabilities Services Act, the state of California’s first-of-its-kind civil rights law for such individuals.

The Lanterman Act dedicates regional centers to serve individuals with intellectual disability or other similar conditions, autism spectrum disorder, cerebral palsy, and epilepsy who require assistance to remain a part of their community. The regional centers also partner with the counties’ offices of City of Santa Clara Printed on 4/2/2026Page 1 of 2
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education to administer and provide early intervention services for children before their third birthday who have or are at-risk for developmental delays.

FISCAL IMPACT
There is no fiscal impact to the City other than staff time.

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

ATTACHMENTS

1. Proclamation of April 2026 as Autism Awareness Month City of Santa Clara Printed on 4/2/2026Page 2 of 2
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City of SantaClara

WHEREAS, in the United States, more than 5.4 million adults are autistic and 1 in every 44 children have been diagnosed with autism and are often misunderstood. Autistic people face obstacles when seeking employment , health care, education, and housing; the immense contributions of people with autism are often overlooked; and WHEREAS, Autism Acceptance Month is a time to celebrate the differences of neurodiverse people everywhere and champion the equal rights and dignity of those on the autism spectrum; and
WHEREAS, the 2026 Autism Awareness Month theme is "Autism and Humanity - Every Life Has Value," according to the United Nations. This theme emphasizes affirming the dignity, rights, and potential of all autistic individuals while fostering inclusive environments, focusing on the belief that embracing neurodiversity is essential for a sustainable and equitable future. and WHEREAS, the San Andreas Regional Center (SARC) is a community-based, private nonprofit corporation that serves people with developmental disabilities. SARC provides case management and community services for residents of Santa Clara, Santa Cruz, San Benito and Monterey counties whose intellectual or developmental disabilities cause severe impairments in their daily lives.

NOW, THEREFORE, I, LISA M. GILLMOR, by virtue of the authority vested in me as Mayor, and on behalf of the City of Santa Clara, do hereby proclaim the month of April 2026, as

AUTISM AWARENESS MONTH

in the City of Santa Clara and recognize the significant contributions of autistic individuals within this community.

Given under my hand and the Seal of the City of Santa Clara, California, this 7th day of April 2026.

LISA M. GILLMOR

MAYOR, CITY OF SANTA CLARA

ALBERT GONZALEZ
VICE MAYOR, DISTRICT 1

RAJ CHAHAL
COUNCILMEMBER, DISTRICT 2

KAREN HARDY
COUNCILMEMBER, DISTRICT 3

KEVIN PARK
COUNCILMEMBER, DISTRICT 4

SUDS JAIN
COUNCILMEMBER, DISTRICT 5

KELLY G. COX
COUNCILMEMBER, DISTRICT 6
Proclamation

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-304 Agenda Date: 4/7/2026

REPORT TO COUNCIL

SUBJECT
Proclamation of April 2026 as American Muslim Appreciation and Awareness Month

BACKGROUND
In 2016, the California State Legislature proclaimed August as Muslim Appreciation and Awareness Month to respectfully acknowledge the rich history and guiding virtues of Muslim Americans, as well as commend Muslim communities in California for their lasting positive impacts toward the advancement of the nation.

Senator Aisha Wahab, in 2024, sponsored a measure to recognize the month of April as American Muslim Appreciation and Awareness Month. By celebrating the month in April instead of August, it falls within the K-12 school year, allowing students from all faiths and backgrounds the opportunity to engage with, commemorate, and further their understanding of American Muslim Appreciation and Awareness Month.

The Bay Area has one of the largest Muslim populations in the United States, with nearly 250,000 Muslims and diverse mosques, religious centers, and community institutions. American Muslims continue to make rich contributions to the social, cultural, and economic vibrancy of the Bay Area including Santa Clara. The City of Santa Clara embraces the diversity of its communities and celebrates the opportunity to better understand, recognize, and appreciate the rich history of American Muslims.

The City of Santa Clara recognizes American Muslim Appreciation and Awareness Month to affirm the City's continued support and to stand in solidarity with the Muslim community against anti-Muslim rhetoric and violence.

DISCUSSION
At the April 7, 2026, City Council meeting, the City of Santa Clara will recognize April 2026 as American Muslim Appreciation and Awareness Month to acknowledge and promote awareness of the invaluable contributions of American Muslims.

Musa Tariq, Policy Coordinator and additional representatives with the Council on American-Islamic Relations-California (CAIR) will be present to accept the proclamation.

The Council on American-Islamic Relations (CAIR) is a nonprofit, grassroots civil rights and advocacy group. CAIR is America’s largest Islamic civil liberties group, with regional offices nationwide whose mission is to enhance understanding of Islam, protect civil liberties, promote justice, and empower American Muslims.

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ENVIRONMENTAL REVIEW
This is an informative report only and no action is being taken by the City Council and no environmental review under the California Environmental Quality Act ("CEQA") is required.

FISCAL IMPACT
There is no fiscal impact to the City other than staff time.

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

ATTACHMENTS

1. Proclamation of April 2026 as American Muslim Appreciation and Awareness Month City of Santa Clara Printed on 4/2/2026Page 2 of 2
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City of SantaClara

WHEREAS, American Muslim Appreciation and Awareness Month is celebrated each year to honor American Muslims for their many social, cultural, and economic contributions in addition to recognizing the positive impact that American Muslims have made toward the advancement of the wealth and construction of the United States; and

WHEREAS, Santa Clara County is a thriving community with over 60,000 Muslim residents pursuing diverse professions and making rich contributions to the social, cultural, and economic vibrancy of the United States, and have distinguished themselves by fostering greater respect and understanding among all people through faith and services; and

WHEREAS, the Council on American- Islamic Relations (CAIR) is a nonprofit, grassroots civil rights and advocacy group whose mission is to enhance the understanding of Islam, protect civil liberties, promote justice, and empower American Muslims .

NOW, THEREFORE, I, LISA M. GILLMOR, by virtue of the authority vested in me as Mayor, and on behalf of the entire City Council, do hereby proclaim the month of April 2026 as

AMERICAN MUSLIM APPRECIATION AND AWARENESS MONTH

in the City of Santa Clara and do hereby recognize the rich history and significant contributions that American Muslims have had on our city and community.

Given under my hand and the Seal of the City of Santa Clara, California, this 7th day of April 2026.

LISA M. GILLMOR

MAYOR, CITY OF SANTA CLARA

ALBERT GONZALEZ
VICE MAYOR, DISTRICT 1

RAJ CHAHAL
COUNCILMEMBER, DISTRICT 2

KAREN HARDY
COUNCILMEMBER, DISTRICT 3

KEVIN PARK
COUNCILMEMBER, DISTRICT 4

SUDS JAIN
COUNCILMEMBER, DISTRICT 5

KELLY G. COX
COUNCILMEMBER, DISTRICT 6
Proclamation

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-7 Agenda Date: 4/7/2026

REPORT TO COUNCIL

SUBJECT
Board, Commissions and Committee Minutes

RECOMMENDATION
Note and file the Minutes of:

Governance and Ethics Committee Special Meeting - January 16, 2026 Governance and Ethics Committee Special Meeting - October 30, 2025 Station Area Task Force - November 20, 2025
Audit Committee - September 22, 2025
Audit Committee - November 24, 2025
Charter Review Committee Meeting - October 1, 2025
Charter Review Committee Meeting - October 22, 2025
Charter Review Committee Meeting - November 19, 2025
Charter Review Committee Meeting - January 21, 2026
Charter Review Committee Meeting - February 18, 2026
City of Santa Clara Printed on 4/2/2026Page 1 of 1
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City of Santa Clara
Meeting Minutes
Governance and Ethics Committee
10:00 AM City Hall - East Wing
Sparacino Conference Room
1500 Warburton Avenue
Santa Clara, CA 95050
01/16/2026
Special Meeting
The City of Santa Clara is conducting Governance and Ethics Committee meetings in-person and continues to have methods for the public to participate remotely or in-person.
• Via Zoom: https://santaclaraca.zoom.us/j/98559951444
• Webinar ID: 985 5995 1444
• By phone: +1 669 444 9171
To submit written public comment before meeting:

Send email to [email protected] by 10 a.m. one day before the date of the meeting. Emails will be forwarded to Committee members and will be uploaded as supplemental meeting material.

Note: Emails received as public comment will not be read aloud during the meeting.

CALL TO ORDER AND ROLL CALL
Chair Suds Jain called the meeting to order at 10:10 a.m.

Present 3 - Member Raj Chahal, Chair Suds Jain, and Member Kevin Park

CONSENT CALENDAR

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None.
01/16/2026Governance and Ethics Committee Meeting Minutes

PUBLIC PRESENTATIONS
Member of the public, Dr. Tom Shanks commented on the agenda meeting packet, specifically the lack of clarity on the proposed documents and what actions are being taken or not taken in relation to Item #2, Presentation by Outside Consultant for the Review of and Recommendations Regarding Potential Adoption of Ethics Commission and the Approval of Proposed Changes to City's Ethics Policies Previously Presented to Committee.

GENERAL BUSINESS

1. 26-36 Approval of the October 30, 2025 Governance and Ethics Committee Special Meeting Minutes
Recommendation:

Approve the minutes of the October 30, 2025 Governance and Ethics Committee Special Meeting
Member Raj Chahal motioned to approve the minutes for the October 30, 2025 Governance and Ethics Committee Special Meeting. The motion was seconded by Member Kevin Park and approved by the Committee.

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

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01/16/2026Governance and Ethics Committee Meeting Minutes

2. 26-37 Presentation by Outside Consultant for the Review of and Recommendations Regarding Potential Adoption of Ethics Commission and the Approval of Proposed Changes to City's Ethics Policies Previously Presented to Committee
Recommendation:

1. Receive Consultant's Report and Provide Input or Direction Regarding Consultant's Recommendations on a Potential Ethics Commission or Alternatives

2. Review and Possible Action to Recommend to the Council Approval of Proposed Changes to City's Ethics Policies Previously Presented to Committee
Consultant, Morin I. Jacob, from Liebert Cassidy Whitmore (LCW) presented recommendations regarding the potential adoption of an Ethics Commission and proposed changes to the City's Ethics Policies.

Members Jain and Park inquired as to what comparable sized city with an Ethics Commission was studied in regards to enforcement and oversight. LCW stated that they did not conduct a direct comparison and will report back to the Committee on this item.

Member Chahal inquired as to the difference of a separate Campaign Finance Commission and what exactly would this Commission address.

LCW stated the Commission can be set up to cover items not addressed by the FPPC and Grand Jury.

Chair Jain commented on the various cities as to whether or not any of these commissions investigate employees and if commission members are appointed by the Mayor and Council, how are they truly independent.

LCW responded that upon formation, it can be decided to include employees and how commission members are appointed to address these concerns.

Member Park questioned where the Ethics Pledge is coming from and its enforcement. In addition, he stated we need set up details and rules first before setting up an Ethics Commission.

Chair Jain stated Ethics is more subjective and a gray area that does not have a law to hold them to it. He suggested to pass by measure (public vote) to form the Ethics Commission.

Member Chahal inquired if there are ways to prevent weaponization of the Commission. LCW stated that it would be best to use state and federal laws and utilize your own City Attorney to address this. The City Council may retain an investigator as well to look into a member of the Council.

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01/16/2026Governance and Ethics Committee Meeting Minutes Member of the public Wanda Buck stated there is an ethics problem in Santa Clara and moving towards exploring more options as a new program or a separate Ethics Commission.

Member of the public Dr. Tom Shanks stated he was speaking on this agenda item and suggested to open up this discussion to the broader public for a public process.

Member Park made a motion for the following:
1) Direct LCW to consult with current or former Ethics
Commissioners from other jurisdictions and any other relevant experts to provide recommendations and options, on other ways beyond forming an Ethics Commission to achieve transparency, accountability and ethics in the city. 2) City Manager Grogan added the inclusion of roles of key staff for clarity. 3) To return In-person to report back to the Committee.

Aye: 3 - Member Chahal, Chair Jain, and Member Park

STAFF REPORT
2026 Meeting Schedule: March 2, 2026, June 1, 2026, September 14, 2026, December 7, 2026.

Assistant City Manager Aracely Azevedo stated upcoming Committe meetings are currently to being at 10:00 a.m.

Member Kevin Park stated he would like to minimize meeting cancellations moving forward in addition to scheduling additional meetings to address the back log of issues before the Committee. He further stated that he would like to speak to Chair Jain about the list of items he would the Committee to address, Chair Jain cited the Brown Act as to why Member Park should provide the list of issues to staff rather speak to him directly about such items.

City Manager Jovan D. Grogan requested that priority setting be agendized at a future meeting.

COMMITTEE MEMBER REPORTS / FUTURE REFERRALS FOR CONSIDERATION

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The meeting was adjourned at 12:39 p.m.

ADJOURNMENT
City of Santa Clara
Meeting Minutes
Governance and Ethics Committee
10:00 AM City Hall – Council Chambers
1500 Warburton Avenue
Santa Clara, CA 95050
10/30/2025
Special Meeting
The City of Santa Clara is conducting Governance and Ethics Committee meetings in-person and continues to have methods for the public to participate remotely or in-person.
• Via Zoom: https://santaclaraca.zoom.us/j/98559951444
• Webinar ID: 985 5995 1444
• By phone: +1 669 444 9171
To submit written public comment before meeting:

Send email to [email protected] by 10 a.m. one day before the date of the meeting. Emails will be forwarded to Committee members and will be uploaded as supplemental meeting material.

Note: Emails received as public comment will not be read aloud during the meeting.

CALL TO ORDER AND ROLL CALL
Chair Suds Jain called the meeting to order at 10:05 a.m.

Member Raj Chahal, Chair Suds Jain, and Member Kevin ParkPresent 3 -

CONSENT CALENDAR

Page 1 ends

10/30/2025Governance and Ethics Committee Meeting Minutes

1. 25-1544 Approval of the September 8, 2025 Governance and Ethics Committee Meeting Minutes
Recommendation: Approve the minutes of the September 8, 2025 Governance and Ethics Committee Meeting
Chair Jain proposed revisions to the minutes of the September 8, 2025 including: 1) Fix titles for Chair Jain and Member Chahal, 2) Reference additional details of the discussion regarding Council Policy 043 regarding circumstances when itemized receipts were not available, a request may be made to approve reimbursements up to the maximum GSA rate for travel.

Member Raj Chahal motioned to approve the minutes for September 8, 2025 with the revisions. The motion was seconded by Member Kevin Park and approved by the Committee.

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

PUBLIC PRESENTATIONS
Member of the public Wanda Buck commented that the Ethics program was voted on in 2024 has not yet been presented in 2025 on today's agenda. Also, Wanda noted why there is an urgency for ticket provisions for events.

City Manager Jovan Grogan responded the consultant working on the Ethics documents and the efforts to look into the possibility of establishing an Ethics Committee was scheduled for a prior Committee meeting, however, was unavailable due to illness. The Ethics item is scheduled to be heard at the December 1, 2025 meeting.

GENERAL BUSINESS
Chair Jain moved the Item on Discussion on Council Policy 050 (Gifts to Elected and Appointed Officials) ahead of the Item for Consideration and Possible Action on a Proposed New Council Policy for Ticket Distribution to City Officials.

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10/30/2025Governance and Ethics Committee Meeting Minutes

2. 25-1576 Discussion on Council Policy 050 [Gifts to Elected and Appointed Officials] Recommendation: Provide input to staff on the existing Gift Policy and direct staff to return with specific proposed changes consistent with this direction for Committee review and consideration
City Attorney Glen Googins provided an overview of the current Council Policy 050 (Gifts to Elected Officials) to seek initial feedback and further direction from the Committee.

City Attorney Googins provided background of the updates to Council Policy 050 in 2018 which added a list of factors City officials had to consider in deciding whether to accept gifts, required any gift accepted of less than $50 be disclosed at a public meeting, and noted that most terms of the City's gift policy are restatements of applicable state law. The presentation noted other approaches vary among other jurisdictions on a gift policy, and some cities may have a policy or some do not have a policy and defer to state law.

Committee members discussed the current policy and proposed the following for consideration in the policy: clear definition of independent expenditures, determine if gifts received in a business capacity are allowable, the Levine Act, applying the policy to individuals at the City who must complete a Form 700, define exemptions, defining events that provide food, raffle prizes, favors, etc.

City Attorney Googins stated he will return to the Committee with a summary of proposed factors for consideration for the Gift Policy.

Member of the Public Wanda Buck stated she took offense to comments that her input was not a representation of the City about ethics.

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10/30/2025Governance and Ethics Committee Meeting Minutes

3. 25-1543 Consideration and Possible Action on a Proposed New Council Policy for Ticket Distribution to City Officials
Recommendation: Approve for presentation to the City Council the proposed Council Policy for Ticket Distribution to City Officials, in the form presented, with such modifications as the Committee may authorize or direct.

Assistant to the City Manager Maria Le presented on the proposed Council Policy (Ticket Distribution for City Officials). The presentation included proposed guidelines and procedures for the acceptance, distribution and reporting of event tickets or passes received by the City for use by City officials, Councilmembers, and designated employees. The presentation included accountability measures to ensure ticket distributions serve City-related public purposes, are properly documented and publicly disclosed through the Fair Political Practices Commission (FPPC) regulations and state laws.

Committee members discussed the proposed policy and considered factors such as: City sponsor more events to fill tables at community events; develop a lottery system to provide free tickets to employees; community groups,;City sponsoring events through the policy; a process to offer tickets to Councilmembers based on priority of Committee assignments; establishing potential district budgets for purchasing for event ticket in City capacity.

Member of the public Wanda Buck stated that disclosure of gifts to the public should consider allowing larger amounts.

Chair Jain motioned to approve staff’s recommendation for a new Council Policy ("Ticket Distribution for City Officials") with an amendment directing that when tickets are available in limited quantities, priority be given to City officials whose committee assignments and/or policy responsibilities are directly related to the subject matter of the event. The motion was seconded by Member Park and approved.

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

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10/30/2025Governance and Ethics Committee Meeting Minutes

STAFF REPORT
Staff provided updates on questions from the last meeting including: 1) Response to State of the City 2024 inquiry from Committee Member Park about why it did not occur and no response was provided. Staff confirmed the City returned with a response on the question about State of the City at the November 14, 2024 City Council meeting. 2) Requested information on how to correct media reporting, staff shared City website for media corrections and clarifications which focuses on City business matters. 3) Responded to the requested process for all emails received in the Mayor and Council inbox should be forwarded to the full Council, which is reviewed and distributed by City staff.

COMMITTEE MEMBER REPORTS/ FUTURE REFERRALS FOR CONSIDERATION None.

ADJOURNMENT
Chair Jain adjourned the meeting at 12:33 p.m.

Adjourned

Page 5 ends

City of Santa Clara
Meeting Minutes
Station Area Task Force
Draft
6:00 PM Hybrid Meeting
City Hall Council
Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
11/20/2025
The City of Santa Clara is conducting the Station Area Task Force in a hybrid manner, in-person and a method for the public to participate remotely:

Via Zoom:
https://santaclaraca.zoom.us/j/86001666538
Meeting ID: 860 0166 6538
or
By Phone: 1(669) 900-6833

CALL TO ORDER AND ROLL CALL
Chair Leung called the meeting to order at 6:03 p.m.

Member Jonathon Evans, Member Dan Ondrasek, Chair Patricia Leung, Member Sean Collins, Member Jill Hough, Vice Chair Dylan Plane, Member Michael Stockwell, Member Daniel Huynh, and Member Vernon Shure
Present 9 -
Member Rob Mayer, and Member Neetu GargAbsent 2 -
A motion was made by Member Ondrasek, seconded by Member Collins, to excuse Member Mayer, and Member Garg.

Aye: Member Evans, Member Ondrasek, Chair Leung, Member Collins, Member Hough, Vice Chair Plane, Member Stockwell, Member Huynh, and Member Shure
9 -

Absent: Member Mayer, and Member Garg2 -

CONSENT CALENDAR

Page 1 ends

11/20/2025Station Area Task Force Meeting Minutes

1.A 25-1504 Station Area Task Force Meeting Minutes of August 21, 2025 meeting continued from the September 18, 2025 Meeting
Recommendation: Approve the Station Area Task Force Meeting Minutes of the August 21, 2025 Meeting

1.B 25-1505 Station Area Task Force Meeting Minutes of September 18, 2025 Meeting Recommendation: Approve the Station Area Task Force Meeting Minutes of the September 18, 2025 Meeting
A motion was made by Member Huynh, seconded by Member
Stockwell, to approve the consent calendar.

Aye: Member Evans, Member Ondrasek, Member Collins, Member Stockwell, Member Huynh, and Member Shure
6 -
Excused: Member Mayer, and Member Garg2 -
Abstained: Chair Leung, Member Hough, and Vice Chair Plane3 -

PUBLIC PRESENTATIONS
None.

GENERAL BUSINESS

2. 25-1623 State Bill 79 (SB 79) Overview
Recommendation: There is no staff recommendation.

Principal Planner Rebecca Bustos provided the staff presentation.

Public Comments: None.

3. Update on the October 8, 2025 Planning Commission Meeting on the Station Area Specific Plan
Principal Planner Rebecca Bustos provided updates on this item.

Public Comments: None.

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11/20/2025Station Area Task Force Meeting Minutes

4. 25-1624 BART Phase II Surface Parking Lot
Recommendation: There is no staff recommendation.

VTA Staff Rob Swierk and Consultant Hugo Errazuriz with Sitelab provided a presentation.

Public Speaker:

James Viso

STAFF REPORT
Planning Manager Lesley Xavier announced that the procurement process for the VTA Transit Oriented Communities (TOC) grant regarding the form-based code is scheduled to begin.

Principal Planner Rebecca Bustos announced that the December 18, 2025, Station Area Task Force meeting is likely to be canceled.

ADJOURNMENT
A motion was made by Member Huynh, seconded by Member
Ondrasek, to adjourn the meeting at 7:18 p.m.

Aye: Member Evans, Member Ondrasek, Chair Leung, Member Collins, Member Hough, Vice Chair Plane, Member Stockwell, Member Huynh, and Member Shure
9 -
Excused: Member Mayer, and Member Garg2 -
The next regular scheduled meeting is on December 18, 2025, at 6 p.m. in the City Hall Council Chambers.

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11/20/2025Station Area Task Force Meeting Minutes

Page 4 ends

City of Santa Clara
Meeting Minutes
Audit Committee
Draft
11:00 AM Hybrid Meeting
CMO Sparacino Conference Room/Virtual
City Hall - East Wing
1500 Warburton Avenue
Santa Clara, CA 95050
09/22/2025
The City of Santa Clara is conducting the Audit Committee meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely).

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

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

US: +1 669 900 6833

CALL TO ORDER AND ROLL CALL
Chair Hardy called the meeting to order at 11:03 AM.

Chair Karen Hardy, Member Raj Chahal, and Member Albert GonzalezPresent 3 -

CONSENT CALENDAR

1. 25-830 Action on Audit Committee Minutes of June 12, 2025 Recommendation: Approve the Audit Committee minutes of June 12, 2025.

A motion was made by Member Gonzalez, seconded by Member Chahal, to approve the Audit Committee Minutes of June 12, 2025.

The motion carried with the following vote:

Aye: Chair Hardy, Member Chahal, and Member Gonzalez3 -

PUBLIC PRESENTATIONS
None

GENERAL BUSINESS

Page 1 ends

09/22/2025Audit Committee Meeting Minutes

2. 25-831 Overview of Santa Clara Stadium Authority Fiscal Year 2024/25 Annual Financial Statements and Audit Results Presentation by KPMG, LLP Recommendation: Accept the Santa Clara Stadium Authority Fiscal Year 2024/25 Annual Financial Statements and recommend that the Stadium Authority Board note and file the report at the October 7, 2025, Joint Council and Authorities Concurrent and Stadium Authority meeting.

Treasurer, Kenn Lee gave a PowerPoint presentation.

Auditors, Jaime Cavin and Ryan Ficker, KPMG, gave a PowerPoint presentation.

Committee Members' questions and comments were raised throughout the presentation.

Treasurer Lee, Auditor Cavin, Auditor Ficker, and Assistant Finance Director, Linh Lam addressed the questions and comments.

A motion was made by Member Chahal, seconded by Member
Gonzalez, to accept the Santa Clara Stadium Authority 2024/25 Annual Financial Statements and recommend that the Stadium Authority Board note and file the report as soon as possible at a Joint Council and Authorities Concurrent and Stadium Authority meeting. The motion carried with the following vote:

Aye: Chair Hardy, Member Chahal, and Member Gonzalez3 -

ADJOURNMENT
Chair Hardy adjourned the meeting at 12:16 PM.

Future Audit Committee Meetings will be scheduled at a later date.

MEETING DISCLOSURES

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09/22/2025Audit Committee Meeting Minutes
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker."
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.

Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format.

Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.

Page 3 ends

City of Santa Clara
Meeting Minutes
Audit Committee
Draft
1:00 PM Hybrid Meeting
Sparacino Conference Room/Virtual
City Hall - East Wing
1500 Warburton Avenue
Santa Clara, CA 95050
11/24/2025
The City of Santa Clara is conducting the Audit Committee meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely).

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

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

US: +1 669 900 6833

CALL TO ORDER AND ROLL CALL
Chair Hardy called the meeting to order at 1:03 PM.

Committee Member Gonzalez joined the meeting at 1:07 PM.

Chair Karen Hardy, Member Raj Chahal, and Member Albert GonzalezPresent 3 -

CONSENT CALENDAR

1. 25-1643 Action on Audit Committee Minutes of September 22, 2025 Recommendation: Approve the Audit Committee minutes of September 22, 2025.

A motion was made by Member Gonzalez, seconded by Chair Hardy, to approve the minutes. The motion carried by the following vote:

Aye: Chair Hardy, and Member Chahal2 -

Absent: Member Gonzalez1 -

PUBLIC PRESENTATIONS
None

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11/24/2025Audit Committee Meeting Minutes

GENERAL BUSINESS

2. 25-1644 Overview of the Draft City of Santa Clara Audited Annual Comprehensive Financial Report (ACFR) and Audited Silicon Valley Power (SVP) Financial Statements for Fiscal Year Ended June 30, 2025 Recommendation: Accept the City of Santa Clara Audited Annual Comprehensive Financial Report and Silicon Valley Power Financial Statements for Fiscal Year Ended June 30, 2025 and recommend that the reports be forwarded to the full Council at the December 9, 2025 Council and Authorities Concurrent meeting for Council action to note and file.

Director Kenn Lee made some opening remarks and provided an overview.

Auditor Amy Meyer, Maze & Associates, gave a PowerPoint Presentation.

Committee Members' questions and comments were raised throughout the presentation.

Assistant Finance Director Linh Lam, Director Lee, Principal Accountant Lin Feng, City Manager Jovan Grogan, and Auditor Meyer addressed the questions and comments.

A motion was made by Member Gonzalez, seconded by Member Chahal with some comments, to accept the City of Santa Clara Audited Annual Comprehensive Financial Report and Silicon Valley Power Financial Statements for Fiscal Year Ended June 30, 2025 and recommend that the reports be forwarded to the full Council at the December 9, 2025 Council and Authorities Concurrent meeting for Council action to note and file. The motion carried by the following vote:

Aye: Chair Hardy, Member Chahal, and Member Gonzalez3 -

ADJOURNMENT
Chair Hardy adjourned the meeting at 1:45 PM.

Future Audit Committee meetings will be scheduled at a later date.

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11/24/2025Audit Committee Meeting Minutes

Page 3 ends

City of Santa Clara
Meeting Minutes
Charter Review Committee
Draft
6:00 PM Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
10/01/2025
The City of Santa Clara is conducting Charter Review Committee meetings in-person and continues to have methods for the public to participate remotely or in-person. • Via Zoom: https://santaclaraca.zoom.us/j/86127408402
• Webinar ID: 861 2740 8402
• By phone: +1 669 444 9171
To submit written public comment before meeting: Send email to [email protected] by 10 AM one day before the date of the meeting. Emails will be forwarded to Committee members and will be uploaded as supplemental meeting material.

Note: Emails received as public comment will not be read aloud during the meeting.

Member Pat Nikolai, Member Holly Rhea Roberts, Member Bernard Tansey, Member Mohammad Naveed, Member Joseph W. Sosinski, Member Eric Crutchlow, Member Burt Field , Member Steve Kelly, Member Eric Jensen, Member Mark Boeckman, Member Susan
Peters, and Member John Brooks
Present 12 -
Member Lauren DiamondAbsent 1 -

CALL TO ORDER AND ROLL CALL
The meeting was called to order at 6:06p.m. by City Attorney Glen Googins. Roll was taken by Aimee Escobar, Management Analyst, from the City Manager's Office.

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10/01/2025Charter Review Committee Meeting Minutes
Welcome, Swearing In Ceremony and Introductions
City Attorney Glen Googins welcomed the committee members.

Committee members were then sworn in by Deputy City Clerk, Vinh Nguyen, followed by self-introductions of each committee member.

City staff also introduced themselves and present and their roles in supporting the Committee; City Attorneys Sujata Reuter and Jennifer Beyers and Management Analyst, Aimee Escobar with the City Manager's Office.

GENERAL BUSINESS

1. Overview of Charter Review Committee Roles, Responsibilities and Rules --Committee Bylaws, Brown Act, Meeting Management Protocols, Public Records Act, Ethics Requirements
City Attorney Glen Googins provided a slide presentation on the following topics: Charter Review Committee Roles, Responsibilities and Rules, Committee Bylaws, The Brown Act, Meeting Management Protocols, Public Records Act and Ethics Requirements. Multiple questions were asked and answered.

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10/01/2025Charter Review Committee Meeting Minutes

2. 25-1112 Selection of Committee Chair and Vice Chair
Recommendation: Follow staff’s recommended process, or a similar process that provides a reasonable opportunity for all interested parties to fully participate, and select a Chair and Vice Chair of the Charter Review Committee.

City Attorney Googins presented on the role of the Chair/Vice Chair and staff’s recommended process for selection these positions. By consensus of the Board, staff’s recommended process was adopted. Following the nomination process for each position a series of votes were taken.

Ultimately, the following appointments were made.

Election of the Chair of the Charter Review Committee:

Committee Member Steve Kelly made a motion to nominate Pat Nikolai, for Chair of the Charter Review Committee. The motion passes 8-4.

Pat Nikolai is affirmed as Chair of the Charter Review Committee.

Election of the Vice-Chair of the Charter Review Committee:

Committee Member Joseph W. Sosinski made a motion to nominate himself, Joseph W. Soskinski, for Vice-Chair of the Charter Review Committee. The motion passes 9-3.

Joseph W. Sosinski is affirmed as Vice-Chair of the Charter Review Committee.

Adopted

3. Meeting Schedule Approval and Preview of Next Meeting City Attorney Glen Googins presented on the Bylaws requirements and expectation for meetings of the CRC. The proposal was for the third Thursday of every month. This presented scheduling issues for a significant number of CRC members. The alternative of the third Wednesday of each month was discusses and their was consensus to explore this as an alternative and bring it back for consideration at the next meeting. Action was taken to schedule the next meeting for Wednesday, October 22, 2025 at 6:00p.m. in the City Hall Council Chambers located at 1500 Warburton Ave, Santa Clara.

PUBLIC PRESENTATIONS
There were no public presentations.

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10/01/2025Charter Review Committee Meeting Minutes

ADJOURNMENT
The Charter Review Committee meeting was adjourned at 8:36 p.m.

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10/01/2025Charter Review Committee Meeting Minutes

If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker."
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.

Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format.

Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.

There were no meeting disclosures.

Page 5 ends

City of Santa Clara
Meeting Minutes
Charter Review Committee
Draft
6:00 PM City Hall - Council Chambers
1500 Warburton Avenue
Santa Clara, CA 95050
10/22/2025
Committee Member Susan Peterson will participating remotely from the following location:
645 Cloud Cap Avenue, Pagosa Springs, CO 81147
The City of Santa Clara is conducting Charter Review Committee meetings in-person and continues to have methods for the public to participate remotely or in-person. • Via Zoom: https://santaclaraca.zoom.us/j/86127408402
• Webinar ID: 861 2740 8402
• By phone: +1 669 444 9171
To submit written public comment before meeting: Send email to [email protected] by 10 AM one day before the date of the meeting. Emails will be forwarded to Committee members and will be uploaded as supplemental meeting material.

Note: Emails received as public comment will not be read aloud during the meeting.

CALL TO ORDER AND ROLL CALL
Quorum Confirmed
Member Pat Nikolai, Member Holly Rhea Roberts, Member Bernard Tansey, Member Mohammad Naveed, Member Joseph W. Sosinski, Member Eric Crutchlow, Member Burt Field , Member Steve Kelly, Member Lauren Diamond, Member Mark Boeckman, Member Susan Peters, and Member John Brooks
Present 12 -
Member Eric JensenExcused 1 -

GENERAL BUSINESS

Page 1 ends

10/22/2025Charter Review Committee Meeting Minutes

1. 25-1553 Approval of the October 1, 2025 Charter Review Committee Meeting Minutes
Recommendation: Approve the minutes of the October 1, 2025 Charter Review Committee Meeting in the form presented with such modifications/corrections as may be required or requested by the Board.

Motion to approve made by Member Crutchlow with a second from Member Kelly.

Approved Staff Recommendation to approve minutes in the form presented.

Aye: Member Nikolai, Member Roberts, Member Tansey, Member Naveed, Member Sosinski, Member Crutchlow, Member Field , Member Kelly, Member Diamond, Member Boeckman, Member Peters, and Member Brooks
12 -
Excused: Member Jensen1 -

2. 25-1538 Action on Proposed 2025 - 2026 Charter Review Committee Meeting Schedule
Recommendation: Staff recommends adoption of the proposed 2025 - 2026 Charter Review Committee Regular Meeting Schedule for the third Wednesday of each month on the terms presented.

Staff gave a presentation on a proposed regular meeting calendar based on direction from the Board at their previous meeting. Staff's recommendation was for regular CRC meetings to be held monthly on the third Wednesday of each month, starting November 19, 2025 though June 17, 2025, starting at 6:00p.m., in City Council Chambers, unless there is a conflict, with alternative location to be determined (Central Library preferred, if available).

Motion to approve made by Member Crutchlow with a second from Member Boeckman.

Staff recommendation was approved.

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10/22/2025Charter Review Committee Meeting Minutes

3. 25-1548 Action to Form and Appoint Charter Review Committee Members to Ad Hoc Subcommittee Working Groups
Recommendation: Take action to form and appoint members to the following Ad Hoc Subcommittees
· Subcommittee One:

Powers and Structure of City Government: Rules/Process for Action
· Subcommittee Two:

City Council: Elections, Powers and Conduct of Meetings · Subcommittee Three:

Senior Officials: Duties and Qualifications
· Subcommittee Four:

Boards and Commissions: Composition, Powers and Duties
· Subcommittee Five:

Civil Service: General Rules for Classified and Unclassified Employees; Commission Composition and Duties
· Subcommittee Six:

Fiscal Administration and Procurement
Staff gave a detailed presentation on the role and function of Ad Hoc Subcommittees, and the process for soliciting Member interest and proposing Ad Hoc Subcommittee rosters based as much as possible on Member preferences. Rosters were proposed for six Ad Hoc Subcommittees as follows: Group One - Powers andStructure of City Government; Rules/Process for Action; Group Two - City Council:

Elections, Powers, and Conduct of Meetings; Group Three - Senior Officials: Duties and Qualifications; Group Four - Boards and Commissions: Composition, Powers and Duties; Group Five - Civil Service: General Rules for Classified and Unclassified Employees; Commission Composition and Duties; and Group Six - Fiscal Administration and Procurement.

One public comment was received via Zoom participation.

Motion to approve made by Member Kelly with a second from Member Crutchlow.

The formation and appointment of members to the Ad Hoc Subcommittees was approved as proposed with the following changes: Group One:

Powers and Structure of City Government - addition of Committee Member Joe Sosinski to the Group. Group One is now comprised of Committee Members Kelly, Tansey, Nikolai, Jensen and Sosinski.

A motion was made by Member Kelly, seconded by Member
Crutchlow, that this item be Adopted as amended. The motion

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10/22/2025Charter Review Committee Meeting Minutes
carried by the following vote:

4. Staff Preview of Agenda for Next Charter Review Committee Meeting Scheduled for November 19, 2025
Preview included (1) approval of Minutes (2) presentation of meetings to be held at alternative location (Central Library), (3) reports from Ad Hoc Subcommittees, ad (4) Staff presentation on various work plan implementation issues.

Informational item, no action required.

PUBLIC PRESENTATIONS
There were no public presentations.

STAFF/COMMITTEE MEMBER COMMENTS
There were no staff/committee member comments.

ADJOURNMENT
The Charter Review Committee meeting was adjourned at 7:20 p.m.

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10/22/2025Charter Review Committee Meeting Minutes

Page 5 ends

City of Santa Clara
Meeting Minutes
Charter Review Committee
Draft
6:00 PM City Hall - Council Chambers
1500 Warburton Avenue
Santa Clara, CA 95050
11/19/2025
Committee Member Lauren Diamond will participating remotely from the following location:
1130 Welch Ln, Mabank, TX 75156
The City of Santa Clara is conducting Charter Review Committee meetings in-person and continues to have methods for the public to participate remotely or in-person. • Via Zoom: https://santaclaraca.zoom.us/j/86127408402
• Webinar ID: 861 2740 8402
• By phone: +1 669 444 9171
To submit written public comment before meeting: Send email to [email protected] by 10 AM one day before the date of the meeting. Emails will be forwarded to Committee members and will be uploaded as supplemental meeting material.

Note: Emails received as public comment will not be read aloud during the meeting.

CALL TO ORDER AND ROLL CALL
Quorum Confirmed
Member Pat Nikolai, Member Holly Rhea Roberts, Member Bernard Tansey, Member Mohammad Naveed, Member Joseph W. Sosinski, Member Eric Crutchlow, Member Burt Field , Member Steve Kelly, Member Lauren Diamond, Member Eric Jensen, Member Mark
Boeckman, and Member Susan Peters
Present 12 -
Member John BrooksAbsent 1 -

GENERAL BUSINESS

Page 1 ends

11/19/2025Charter Review Committee Meeting Minutes

1. 25-1649 Approval of the October 22, 2025 Charter Review Committee Meeting Minutes
Recommendation: Approve the minutes of the October 22, 2025 Charter Review Committee Meeting in the form presented with such modifications/corrections as may be required or requested by the Board.

Motion to approve made by Member Kelly with a second from Member Boeckman.

A motion was made that this item be Approved Staff
Recommendation. The motion carried by the following vote:

Aye: Member Nikolai, Member Roberts, Member Tansey, Member Naveed, Member Sosinski, Member Crutchlow, Member Field , Member Kelly, Member Diamond, Member Jensen, Member Boeckman, and
Member Peters
12 -

Absent: Member Brooks1 -

2. 25-1650 Report Outs from Ad Hoc Subcommittees and Discussion of Ad Hoc Subcommittee Meeting Scheduling and Coordination
Recommendation: Receive and discuss reports of those Subcommittees reporting; discuss and possibly take action on scheduling/coordination of future Ad Hoc Subcommittee meetings.

Subcommittee One: Powers and Structure of City Government (Rules & Process for Action), Subcommittee Four: Boards and Commissions (Composition, Powers & Duties), and Subcommittee Five: General Rules for Classified and Unclassified Employees (Commission Composition & Duties) presented reports summarizing the progress of their work and any actions taken within their subcommittees.

One public comment was received via Zoom participation.

Informational item, no action required.

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11/19/2025Charter Review Committee Meeting Minutes

3. 25-1651 Staff Presentation Regarding (1) Charter language/organization conventions, (2) “Benchmarking” with other Charter Cities, (3) Proposed standards for grouping proposed Charter modifications within “levels,” (4) Proposed process for drafting and review of Charter modifications; and (5) Scheduling of December 17, 2025 and May 20, 2026 Committee meetings at Central Library
Recommendation: Hear the report and provide feedback.

Staff gave a detailed presentation on:
(1) Charter language/organization conventions;
(2) "Benchmarking" with other Charter Cities;
(3) Proposed standards for grouping proposed Charter modifications within "levels";
(4) Proposed process for drafting and review of Charter modifications; and (5) Scheduling of December 17, 2025 and May 20, 2026 Committee meetings at the Central Library.

Informational item, no action taken.

PUBLIC PRESENTATIONS
There were no public presentations.

STAFF/COMMITTEE MEMBER COMMENTS
There were no staff/committee member comments.

ADJOURNMENT
The Charter Review Committee meeting was adjourned at 8:10 p.m.

Adjourned

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11/19/2025Charter Review Committee Meeting Minutes

Page 4 ends

City of Santa Clara
Meeting Minutes
Charter Review Committee
Draft
6:00 PM City Hall - Council Chambers
1500 Warburton Avenue
Santa Clara, CA 95050
01/21/2026
The City of Santa Clara is conducting Charter Review Committee meetings in-person and continues to have methods for the public to participate remotely or in-person.

Zoom Link: https://santaclaraca.zoom.us/j/86127408402
Webinar ID: 861 2740 8402
Phone: 1-669-444-9171
To submit written public comment before meeting:

Send email to [email protected] by 10 a.m. one day before the date of the meeting.

Emails will be forwarded to Committee members and will be uploaded as post agenda supplemental meeting material.

Note: Emails received as public comment will not be read aloud during the meeting.

CALL TO ORDER AND ROLL CALL
Vice Chair Sosinski called the meeting to order at 6:08 p.m.

Member Jensen arrived at 7:24 p.m.

Member Holly Rhea Roberts, Member Mohammad Naveed, Member Joseph W. Sosinski, Member Eric Crutchlow, Member Burt Field , Member Steve Kelly, Member Lauren Diamond, Member Eric Jensen, Member Mark Boeckman, and Member John Brooks
Present 10 -
Member Pat Nikolai, Member Bernard Tansey, and Member Susan Peters
Absent 3 -

GENERAL BUSINESS

Page 1 ends

01/21/2026Charter Review Committee Meeting Minutes

1. 26-72 Approval of the November 19, 2025, Charter Review Committee Meeting Minutes
Recommendation: Approve the minutes of the November 19, 2025, Charter Review Committee Meeting in the form presented with such
modifications/corrections as may be required or requested by the Committee.

Public Comment: Wanda Buck
A motion was made by Committee Member Kelly, seconded by Committee Member Boeckman, to approve the minutes of the November 19, 2025, Charter Review Committee Meeting.

Aye: Member Roberts, Member Naveed, Member Sosinski, Member Crutchlow, Member Field , Member Kelly, Member Diamond, Member Boeckman, and Member Brooks
9 -

Absent: Member Nikolai, Member Tansey, Member Jensen, and Member Peters
4 -

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01/21/2026Charter Review Committee Meeting Minutes

2. 26-74 Report Outs from Ad Hoc Subcommittees and Discussion of Standardization of Report Out Process.

Recommendation: Receive and provide feedback on reports of those Subcommittees reporting; possible action to approve, in substantial form, Group 5 proposed modification to existing Charter Section 1010 and 1011 and Article XI to allow for initiation of meet and confer process with impacted labor groups; Discuss and provide feedback on report out standard. .

City Attorney Googins made some opening remarks and provided a PowerPoint presentation on Report Outs from Ad Hoc Subcommittees.

Committee discussion followed.

Committee Member Jensen provided a Powerpoint presentation on Group One.

Committee discussion followed.

Committee Member Crutchlow provided a Powerpoint presentation on Group Two.

Committee discussion followed.

Committee Member Diamond provided a Powerpoint presentation on Group Three. City Attorney Googins provided comments.

Committee discussion followed.

Committee Member Brooks provided a Powerpoint presentation on Group Four. City Attorney Googins provided comments.

Committee discussion followed.

Committee Members Boeckman, Roberts and Naveed provided a Powerpoint presentation on Group Five. Chief Assistant City Attorney Reuter provided a PowerPoint presentation on Group Five. City Attorney Googins provided comments.

Committee questions and discussion followed.

City Attorney Googins and Chief Assistant City Attorney Reuter addressed Committee questions.

Committee discussion followed.

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01/21/2026Charter Review Committee Meeting Minutes
No report out from Group 6 - no meetings have occurred yet.

Public Comment: George Lance
A motion was made by Vice Chair Sosinski, seconded by
Committee Member Kelly, to approve in substantial form Group 5 proposed modifications to existing Charter Sections 1010 and 1011 and Article XI to allow for initiation of meet and confer process with impacted labor groups.

Aye: Member Roberts, Member Naveed, Member Sosinski, Member Crutchlow, Member Field , Member Kelly, Member Diamond, Member Jensen, Member Boeckman, and Member Brooks
10 -

Absent: Member Nikolai, Member Tansey, and Member Peters3 -

3. 26-75 Staff Presentation and Solicitation of Committee Input Regarding (1) Charter wide language/organization conventions, (2) “Benchmarking” with other Charter Cities, (3) Proposed standards for grouping proposed Charter modifications within “levels,” (4) Process for drafting and review of Charter modifications; and (5) Project Timeline and Possible Need for Additional Meetings.

Recommendation: Hear the report and provide feedback.

City Attorney Googins made some opening remarks and provided a Power Point presentation. In the interest of time, only items (1) and (2) were presented. City Attorney Googins indicated proposed Charter reorganization item would be brought back for input and direction along with items (3), (4) and (5) at next meeting.

Committee question and discussion followed.

City Attorney Googins addressed Committee questions.

PUBLIC PRESENTATIONS
There were no public presentations.

STAFF/COMMITTEE MEMBER COMMENTS
There were no staff/committee member comments.

ADJOURNMENT
The meeting was adjourned at 9:10 p.m.

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01/21/2026Charter Review Committee Meeting Minutes

Page 5 ends

City of Santa Clara
Meeting Minutes
Charter Review Committee
Draft
6:00 PM City Hall - Council Chambers
1500 Warburton Avenue
Santa Clara, CA 95050
02/18/2026
Committee Member Lauren Diamond participated remotely from the following location:
1130 Welch Lane, Mabank, TX 75156
Committee Member Joseph Sosinski participated remotely under the just cause exception under SB 707.

The City of Santa Clara is conducting Charter Review Committee meetings in-person and continues to have methods for the public to participate remotely or in-person.

Zoom Link: https://santaclaraca.zoom.us/j/86127408402
Webinar ID: 861 2740 8402
Phone: 1-669-444-9171
To submit written public comment before meeting:

Send email to [email protected] by 10 a.m. one day before the date of the meeting.

Emails will be forwarded to Committee members and will be uploaded as post agenda supplemental meeting material.

Note: Emails received as public comment will not be read aloud during the meeting.

CALL TO ORDER AND ROLL CALL
Chair Nikolai called the meeting to order at 6:07 p.m.

Member Pat Nikolai, Member Holly Rhea Roberts, Member Bernard Tansey, Member Joseph W. Sosinski, Member Eric Crutchlow, Member Lauren Diamond, Member Eric Jensen, Member Mark
Boeckman, Member Susan Peters, and Member John Brooks
Present 10 -
Member Mohammad Naveed, Member Burt Field , and Member Steve Kelly
Absent 3 -

GENERAL BUSINESS

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02/18/2026Charter Review Committee Meeting Minutes
26-152 Approval of the January 21, 2026, Charter Review Committee Meeting Minutes
Recommendation: Approve the minutes of the January 21, 2026, Charter Review Committee Meeting in the form presented with such modifications/corrections as may be required or requested by the Committee.

A motion was made by Committee Member Boeckman, seconded by Committee Member Crutchlow, to approve the minutes of the January 21, 2026, Charter Review Committee Meeting.

Aye: Member Nikolai, Member Roberts, Member Tansey, Member Sosinski, Member Crutchlow, Member Diamond, Member Jensen, Member Boeckman, Member Peters, and Member Brooks
10 -
Excused: Member Naveed, Member Field , and Member Kelly3 - 26-197 Report Outs from Ad Hoc Subcommittees:

Group One: Power and Structure of City Government: Rules/Process for Action
Group Two: City Council: Elections, Powers and Conduct of Meetings Group Three: Senior Officials: Duties and Qualifications Group Four: Boards and Commissions: Composition, Powers and Duties Group Five: Civil Service: General Rules for Classified and Unclassified Employees; Commission Composition and Duties
Group Six: Fiscal Administration and Procurement
Recommendation: Receive and provide feedback on reports of those Subcommittees reporting.

City Attorney Googins provided a PowerPoint presentation on Report Outs from Ad Hoc Subcommittees.

Committee questions and discussion followed.

City Attorney Googins addressed Committee questions.

Committee discussions followed.

Public Comment: Gabriel Dela Cruz "Darren" and Wanda Buck.

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02/18/2026Charter Review Committee Meeting Minutes
26-198 Staff Presentation and Solicitation of Committee Input or Direction Regarding: (1) Proposed Substantial Charter Reorganization; Legal Requirements and Communications Plan; (2) Updated standards for grouping proposed Charter modifications within “levels,” and (3) Project benchmarking and work plan update
Recommendation: Hear the report and provide input or direction as appropriate.

City Attorney Googins provided a presentation on the Proposed Substantial Charter Reorganization; Legal Requirements and Communications Plan.

Committee questions and discussion followed.

City Attorney Googins addressed Committee questions.

Committee discussions followed.

A motion was made by Committee Member Crutchlow, seconded by Committee Member Peters, to bring Charter Review Committee Supported Proposed Substantial Charter Reorganization to City Council for Council input and approval. Members Tansey and Roberts agreed to present in support of the reorganization to the City Council as needed, with support from Chair Nikolai.

PUBLIC PRESENTATIONS
There were no public presentations.

COMMISSIONERS COMMENTS
There were no commissioners comments.

ADJOURNMENT
The meeting was adjourned at 8:06 p.m.

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02/18/2026Charter Review Committee Meeting Minutes

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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-62 Agenda Date: 4/7/2026

REPORT TO COUNCIL

SUBJECT
Action to Authorize City Manager to Negotiate and Execute on Materials Testing and Special Inspection Services Agreements for Public Works Projects with Achievement Engineering Corp.; CTE Cal, Inc.; ISI Inspection Services, Inc.; Ninyo & Moore Geotechnical and Environmental Sciences Consultants; Signet Testing Labs, Inc.; and Twining, Inc.

BACKGROUND
The Department of Public Works (DPW) oversees construction management and inspection for various capital projects including pavement rehabilitation; traffic signal and transportation infrastructure; parks; storm drain and sanitary sewer improvements; and buildings. The project oversight efforts include the need for quality assurance testing of materials used during construction and special inspections as required by the California Building Code. The City does not have the staffing, expertise or the equipment to perform these specialized tasks and therefore relies on consultant services. The Agreements recommended for approval provide on-call materials testing and special inspection services in support of projects managed by DPW.

DISCUSSION
Pursuant to City Code Section 2.105.330, a formal Request for Qualifications (RFQ) was conducted as the solicitation method for this procurement. The factors considered in the award were the experience of the firm, staff qualifications, availability, project approach, customer references, and cost. The RFQ was advertised in December 2025, and twelve proposals were received from the following firms on January 15, 2026:

1. ABT Group

2. Achievement Engineering Corp.

3. Quality Assurance Engineering, Inc.

4. CTE Cal, Inc.

5. Construction Testing Services, Inc.

6. Earth Systems

7. El Paseo

8. ISI Inspection Services, Inc.

9. Ninyo & Moore Geotechnical and Environmental Sciences Consultants

10. Signet Testing Labs, Inc.

11. Smith-Emery of San Francisco

12. Twining, Inc.

The proposals were independently evaluated by a three-member evaluation team with representation from DPW. The proposals were evaluated against the above criteria published in the RFQ. Public Works staff recommend the award of on-call agreements to the following top six ranked firms due to City of Santa Clara Printed on 4/2/2026Page 1 of 3
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26-62 Agenda Date: 4/7/2026
their respective performance track record, qualified staffing, and experience:

1. Achievement Engineering Corp.

2. CTE Cal, Inc.

3. ISI Inspection Services, Inc.

4. Ninyo & Moore Geotechnical and Environmental Sciences Consultants

5. Signet Testing Labs, Inc.

6. Twining, Inc.

Based on the Capital Improvement Program projections and the anticipated volume of locally funded projects, federally funded projects, and new Measure I Bond projects entering the construction phase, the need for on-call consultant services for the remainder of the current fiscal year and the next three fiscal years is estimated at a total of approximately $2,100,000.

Staff is requesting approval of six consultant agreements due to project volume and to provide flexibility in the event that one or more firms are unable to deliver timely services due to their workload constraints. The agreement is being presented in its current draft form, as the terms have not yet been finalized including the consultant’s rates. Such rates will be included in the final form of the agreement. Terms in the draft agreement that differ from the “standard” services agreement include a Task Order process, enhanced independent contractor language, more specific billing standards, and an enhanced indemnity provision.

In addition, staff also requests authorization for the City Manager to shift funding among the six agreements as needed, provided that the total aggregate amount of $2,100,000 is not exceeded.

Staff recommends approval of six three-year agreements, each with an initial amount of $350,000, for a combined total aggregate not-to-exceed amount of $2,100,000.

FISCAL IMPACT
The maximum amount to be paid to all six consultants for materials testing and special inspection services over the three-year term of the agreements is estimated at $2,100,000, subject to future budget appropriations. Funding of approximately $320,000 remains in FY 2025/26 and $201,000 was budgeted in the Public Works Capital Projects Management Services Fund in FY 2026/27 as part of the Adopted FY 2025/26 and FY 2026/27 Biennial Operating Budget. In addition, these costs will be charged directly to certain capital projects.

As the FY 2026/27 and FY 2027/28 Biennial Capital Improvement Program Budget is still under development, additional projects may be identified, existing projects may be further refined, and construction schedules will become more accurate over time. As a result, additional funding needs will be evaluated and incorporated into future budget requests as needed. Funding for these agreements beyond the currently adopted operating budget remains subject to the appropriation of funds.

City of Santa Clara Printed on 4/2/2026Page 2 of 3
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26-62 Agenda Date: 4/7/2026

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

RECOMMENDATION

1. Authorize the City Manager to negotiate and execute agreements with Achievement Engineering Corp ($350,000), CTE Cal, Inc.($350,000), ISI Inspection Services, Inc. ($350,000), Ninyo & Moore Geotechnical and Environmental Sciences Consultants ($350,000), Signet Testing Labs, Inc.($350,000), and Twining, Inc. ($350,000) to perform on-call materials testing and special inspection services, each with a an initial maximum compensation of $350,000, for a combined amount not-to-exceed $2,100,000 over the three-year terms of the agreements, in forms substantially similar to Attachment 1 and subject to the final approval as to form by the City Attorney;

2. Authorize the City Manager to amend agreement not-to-exceed amounts as long as the cumulative total of all the agreements does not exceed $2,100,000 subject to annual appropriations; and

3. Authorize the City Manager to exercise up to two one-year extensions for each agreement and make minor modifications to the agreements, if necessary.

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

ATTACHMENTS

1. Draft Agreement for Materials Testing and Special Inspection Services City of Santa Clara Printed on 4/2/2026Page 3 of 3
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Agreement with [Contractor] Page 1
Rev. 07-01-18
EBIX Insurance No.

AGREEMENT FOR

MATERIALS TESTING AND SPECIAL INSPECTION SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
[CONTRACTOR]

PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and [Contractor], a [State Name and Entity Type], (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
A. City desires to secure the services more fully described in this Agreement, at Exhibit A, entitled “Scope of Services”.

B. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.

The Parties agree as follows:

AGREEMENT TERMS AND CONDITIONS

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

Exhibit A – Scope of Services
Exhibit B – Schedule of Rates and Charges
Exhibit C – Insurance Requirements
Exhibit D – Labor Compliance Addendum
Agreement with [Contractor] Page 2
Rev. 07-01-18
This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.

2. TERM OF AGREEMENT
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin upon execution of the agreement by the City and terminate on May 30, 2029.

3. SCOPE OF SERVICES AND TASK ORDERS
A. Contractor will provide services to the City as set forth in Exhibit A and as further described pursuant to individual task orders (“Task Orders”). Each Task Order will describe the services and deliverables (collectively “Work”) the Contractor must provide, the time limit within which the Contractor must complete the Work and the compensation for the Work.

B. The City will not compensate the Contractor for any Work until the City has executed the Task Order for such Work (“Approved Task Order”).

C. The City has no obligation to issue any Approved Task Orders under this Agreement.

D. Each Approved Task Order shall be subject to the terms and conditions of this Agreement.

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

5. QUALIFICATIONS OF CONTRACTOR - STANDARD OF CARE
Contractor represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Agreement with [Contractor] Page 3
Rev. 07-01-18
Contractor’s representations regarding its skills and knowledge. Contractor shall perform such Services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.

6. COMPENSATION AND PAYMENT
There is a maximum total compensation for this Agreement and a separate maximum compensation for each Approved Task Order.

A. Maximum Total Compensation – Agreement: The maximum total, aggregate compensation the City will pay the Contractor for all Approved Task Orders issued under this Agreement, subject to budget appropriations, shall not exceed Three Hundred Fifty Thousand Dollars ($350,000) (“Maximum Total Compensation”). All work performed or materials provided in excess of the Total Maximum Compensation shall be at Contractor’s expense. Contractor shall not be entitled to any payment above the Total Maximum Compensation under any circumstance.

B. Maximum Compensation – Task Order: Each Approved Task Order will specify the maximum amount payable to the Contractor for all professional fees related to the Contractor providing the Work (“Maximum Task Order Compensation”). The Contractor shall fully complete all Work required by the Approved Task Order for no more than that Maximum Task Order Compensation. Exhibit B sets forth a schedule of the Contractor’s rates and charges (“Schedule of Rates and Charges”) that applies to any services provided in an Approved Task Order.

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

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

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

Agreement with [Contractor] Page 4
Rev. 07-01-18

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

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

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

10. INDEPENDENT CONTRACTOR

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

Contractor shall enter into written agreements with all persons it engages, hires, contracts with, or employs to perform Services or provide labor and or materials to City, which state the persons are not employees of the City, and such persons are required to immediately report to Contractor any and all instances of any of the following, if they occur during the time the persons provide labor and or materials to City: (a) The way a person supplies labor and or materials to City is supervised by City or City’s designee; (b) The person is informed they should follow instructions given by City concerning how the person’s labor and material are to be provided; (c) The person is informed they should give City access to on-going review of the person’s labor and or materials; (d) The person is informed by City they should participate or attend training; (e) The person is unavailable to promote or otherwise make their labor and or materials available to the general public as a result of the provision of labor and materials to City; (f) The person is informed they are City’s employee; or (g) The person forms a belief or opinion they are City’s employee.

Contractor must immediately provide written notice to City of any report under Section 10 and provide related information as reasonably requested by City. The Parties agree failure of Contractor to immediately provide written report to City of any notice it receives from any source, relating to Section 10, constitutes material breach of this Agreement.

Agreement with [Contractor] Page 5
Rev. 07-01-18
Contractor will inform and train persons it engages, hires, contracts with, or employs to provide labor and or materials to City on the requirements of Section

10. Contractor shall require that its workers and or personnel immediately report to their respective Contractor supervisor any perceived occurrence under Section

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

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

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

Contractor shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Contractor agrees Agreement with [Contractor] Page 6
Rev. 07-01-18
to assist City in meeting City’s reporting requirements to the State and other agencies with respect to Contractor’s Services hereunder.

14. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Contractor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney’s fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner arising from, or alleged to arise in whole or in part from, or in any way connected with the Services performed by Contractor pursuant to this Agreement – including claims of any kind by Contractor’s employees or persons contracting with Contractor to perform any portion of the Scope of Services – and shall expressly include passive or active negligence by City connected with the Services. However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.

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

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

D. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor any other person or entity involved in the performance of the Services. In the event Contractor fails to obtain such indemnity Agreement with [Contractor] Page 7
Rev. 07-01-18
obligations from others as required here, Contractor shall be fully responsible according to the terms of this section.

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

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

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

City of Santa Clara
Attention: Department of Public Works
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected] and
[email protected]

And to Contractor addressed as follows:
[Insert Name]
[Address]
[Address]
and by e-mail at [Insert email]
The workday the e-mail was sent shall control the date notice was deemed given.

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

18. COMPLIANCE WITH LAWS
Contractor shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to “The Code of the City of Santa Clara, California” (“SCCC”). In particular, Contractor’s attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Agreement with [Contractor] Page 8
Rev. 07-01-18
Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Contractor has read and agrees to comply with City’s Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299).

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

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

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

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

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

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

Agreement with [Contractor] Page 9
Rev. 07-01-18

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

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

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

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

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation

Approved as to Form: Dated:

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

[Contractor Name],
a [Business Entity]

Agreement with [Contractor] Page 10
Rev. 07-01-18
Dated:

By (Signature):

Name:

Title:

Principal Place of
Business Address:

Email Address:

Telephone:

Fax:
“CONTRACTOR”

Agreement with [Contractor]/Exhibit A-Scope of Services Page 1 Rev. 07-01-18

EXHIBIT A

SCOPE OF SERVICES
The Services to be performed for the City by the Contractor under this Agreement are set forth below.

1. SERVICE AREAS—SCOPE OF SERVICES

1.1 Materials Testing

1.1.1 Obtain samples of materials at construction sites or material supplier locations and transport materials to testing laboratory.

1.1.2 Sample materials in accordance with applicable standards.

1.1.3 Perform laboratory analysis and testing of materials (in accordance with applicable standards) to determine material characteristics.

1.1.4 Develop reports summarizing the results of laboratory analysis and testing.

1.1.5 Report on analysis of compliance of materials with relevant plans and specifications and conclude if material is compliant or non- compliant.

1.1.6 Review construction material submittals for conformance with plans and specifications.

1.1.7 Observe and verify materials at construction sites conform to plans and specifications.

1.1.8 Perform testing of in-place materials.

1.1.9 Conduct material plant inspections and review plant quality control procedures.

1.1.10 Perform material testing services as requested by the City. Work may include, but is not necessarily limited to, the tests as indicated in Attachment 1.

1.2 Special Inspections

1.2.1 Provide special inspections and testing per Chapter 17 of the 2016 California Building Code (CBC) or such other code version applicable to the project.

1.2.2 Observe the construction work for conformance with the approved design drawings and specifications, and applicable workmanship provisions of the CBC.

Agreement with [Contractor]/Exhibit A-Scope of Services Page 2 Rev. 07-01-18

1.2.3 Perform special inspections on a continuous basis meaning that the special inspector shall be on site in the general area at all times observing the work requiring special inspection. Periodic inspections may be approved by the City Building Division (Building Division) based on a separate written plan reviewed and approved by the City and/or Engineer-of-Record.

1.2.4 Coordinate and/or perform required testing. Ensure only approved testing agencies sample, transport and test materials.

1.2.5 Bring non-conforming items to the immediate attention of the contractor and note in daily report. If any such item is not resolved in a timely manner or is about to be incorporated into the work, notify the Building Division immediately by telephone or in person, the City’s designated project inspector, and the Engineer or Architect.

1.2.6 Complete and sign the Special Inspection Record (yellow card) at the jobsite for each day’s inspection and provide a daily handwritten report in a format acceptable to the Building Division. The report shall remain at the jobsite with the contractor for review by the Building Division’s Inspector. Daily reports shall contain information as per 1.2.7 below.

1.2.7 Furnish weekly reports of inspections directly to the Building Division, Engineer and Architect of Record, City’s designated project inspector, and others as designated. The weekly reports are to include the following:

1.2.7.1 Description of inspections made with locations.

1.2.7.2 List of all non-conforming items.

1.2.7.3 Indication of how non-conforming items were resolved or indicate unresolved items as applicable.

1.2.7.4 Itemize changes authorized by Architect, Engineer and Building Division if not included in non-conformance
items.

1.2.8 Ensure that an adequate number of pre-qualified inspection personnel are on the project, based on the intensity of activities, quality of work being performed and the various operations occurring.

1.2.9 Submit a final signed report to the City project representative and/or Building Division stating that all items requiring special inspection were fulfilled and reported and, to the best of the inspector’s knowledge, in conformance with the approved design drawings, Agreement with [Contractor]/Exhibit A-Scope of Services Page 3 Rev. 07-01-18
specifications, approved change orders and the applicable workmanship provisions of the CBC. Items not in conformance, unresolved items or any discrepancies in inspection coverage (i.e.:
missed inspections, periodic inspections when continuous was required, etc.) shall be specifically itemized in this report. The report shall be stamped and signed by a licensed Civil Engineer.

1.2.10 Perform specific special inspections as identified by the designer- of-record or as required by the City.

2. PROCEDURE FOR ISSUANCE OF TASK ORDERS

2.1 Contractor acknowledges that Contractor is one of multiple firms selected to perform the Services pursuant to separate agreements. The City will award and authorize specific Services at set forth in this Section 2. The City does not guarantee that any specific service will be authorized under this Agreement. This Section 2 contains the process for awarding Services under a master agreement process.

2.2 Informal Solicitation. When Services under this Agreement are needed, the City will conduct an informal solicitation among contractors holding agreements approved by the City Council for Construction Management and Inspection Services. The City may request proposals from one or more contractors based on factors including availability, expertise, and the nature of the requested work.

2.3 Scope of Work. The City will provide the selected contractor(s) with a written description of the requested services.

2.4 Task Order Proposal. Contractor shall prepare and submit a written proposal (Proposal). Contractor’s Proposal must include all information requested by the City in its Work Request, including, (as applicable) the proposed scope of services, the expected deliverables, proposed project timeline, assigned personnel, and costs including hourly rates by position, equipment, materials, travel time (if any), and reimbursable expenses, in accordance with Exhibit B.

2.5 The City will evaluate the Proposals according to the criteria and weights listed in the Work Request.

2.6 At the City’s discretion, the City may interview contractor submitting the highest scoring Proposal. Such interviews will be scored according to the criteria and weights listed in the Work Request.

2.7 City will enter into negotiations with the highest-ranked contractor.

Negotiations may include, but are not limited to, the scope of work, schedule to perform scope, and technical specifications. The City will not renegotiate any established rates as set forth in Exhibit B but may negotiate the level of Agreement with [Contractor]/Exhibit A-Scope of Services Page 4 Rev. 07-01-18
effort required for the Services. In the event negotiations with the highest- ranked contractor are unsuccessful, the City will either move on to the next highest-ranked contractor, suspend the selection process, or terminate the solicitation process and issue a new Work Request (except, as determined by City, reissuance would not be an idle act).

2.8 Provided that the original cost Proposal includes all applicable items listed in the Work Request, the City and the selected contractor may negotiate whether the cost for the Purchase Order will be fixed price (lump sum) or based on specific rates of compensation (time-and-materials) for completion of the Services.

2.9 If a fixed fee or lump sum is authorized by the City, Contractor must include a payment schedule in their final Proposal. The final Proposal shall be in conformance with Exhibit B and:

2.9.1 Include a clear breakdown of materials and labor indicating taxable and non-taxable items, along with an estimate of required taxes.

2.9.2 Include separation of materials subject to tax so that payment for such materials and the associated taxes occur in a single payment.

2.9.3 Payment milestones shall be connected to deliverables and shall not include payment for labor subject to prevailing wage in advance of such labor taking place.

2.10 Contractor must submit a revised Proposal to the City based upon such negotiations.

2.11 Once City and the selected contractor agree on the final pricing, scope, and specific requirements of the proposed services, the City shall issue a Purchase Order. The Purchase Order shall at a minimum identify the specific scope of services, a maximum compensation, and such other information the City may require.

2.12 Each Purchase Order shall incorporate, as applicable, the Proposal approved by the City.

2.13 Contractor shall have seven (7) calendar days from the date of the City's issuance of the Purchase Order in which to respond in writing if Contractor elects not to perform the Services. If Contractor (a) agrees in writing to perform the Services, (b) begins performance of the Services, or (c) fail to respond within the seven-day period, then Contractor will be deemed to have accepted the Purchase Order and in such case the Purchase Order shall be incorporated into this Agreement. The Purchase Order shall be included within the Services.

Agreement with [Contractor]/Exhibit A-Scope of Services Page 5 Rev. 07-01-18

2.14 Contractor shall promptly notify the City when a situation occurs that may result in a change to an approved Purchase Order, including the need for additional work or modifications to the Services approved under the Purchase Order. Contractor shall provide the reason for the change specific to each Purchase Order. Contractor shall submit an updated Proposal to the City for review and approval by the City in advance of performing any additional work or services. For such changes, Contractor shall submit justification demonstrating that changes in cost are associated with changes in scope.

2.15 If the City determines that the change is within the general scope and intent of the original Purchase Order, the City may approve the modification and issue an amended Purchase Order authorizing the additional or revised Services. Any such amended Purchase Order shall be incorporated into the Agreement and any work described therein shall be included within the Services.

2.16 If the City determines that the proposed change materially alters the scope or falls outside the intent of the original Purchase Order, the City will issue a new Work Request pursuant to Section 2.3.

2.17 Contractor shall not be entitled to additional compensation for issues such as errors in calculation of original pricing, changes in staff, or other changes that are not directly related to changes requested by City.

Agreement with [Contractor] /Attachment 1 Page 1
Rev. 07-01-18

ATTACHMENT 1

MATERIALS TESTING SERVICES

LISTING

SOILS
Moisture Content
Unit Weight
Maximum Density/Optimum Moisture
Relative Compaction
Aggregates
Sieve Analysis
Unit Weight and Voids
Soundness
Abrasion Resistance
Sand Equivalent
Durability
Cleanness
Asphalt Concrete
Density
Relative Compaction
Stability and Flow
Stabilometer
Core Thickness
Asphalt Extraction
Asphalt Binder Content
Portland Cement Concrete
Slump
Unit Weight and Voids
Air Content
Compressive Strength (cylinders)
Compressive Strength (cores)
Flexural Strength (beams)
Agreement with [Contractor]/Appendix B-1-Rate Schedule Page 1 Rev. 07-01-18

EXHIBIT B

SCHEDULE OF FEES AND PAYMENT PROVISIONS
SECTION 1. MAXIMUM COMPENSATION

1.1 The maximum c ompensation payable to Contractor during the Term shall not exceed the amount in Section 6 of this Agreement.

1.2 The City does not guarantee a minimum compensation under this Agreement.

SECTION 2. RATES

2.1 Rate Schedule
The rates applicable to the Services performed under this Agreement are listed in Appendix B1 (Rate Schedule), which is attached hereto and incorporated by reference.

The rates shown in Appendix B1 are fully burdened, including all costs such as labor, overhead, and profit.

2.2 Fixed Rates
The rates listed in Appendix B1 shall remain fixed for the first two (2) years of the Agreement term and shall not be subject to escalation or adjustment during that period, except as otherwise authorized by the City under this Exhibit B.

2.3 Additional Rates
If a specific rate, labor classification, equipment type, or service type required under this Agreement is not listed in Appendix B1, Contractor shall submit a written Proposal in response to the City’s Work Request. The City shall review the Proposal, and, if acceptable, approve the proposed rate(s) through a Purchase Order or a written amendment. Contractor must clearly provide justification for any additional rates. No such rates shall be effective or compensable unless expressly approved by the City through a Purchase Order or a written amendment.

2.4 Rate Adjustments
After the first two years of the Agreement, rate adjustments may be negotiated no more than once annually. Contractor shall submit any proposed rate adjustments in writing to the City at least ninety (90) days prior to the requested effective date. Any proposed rate adjustments are subject to approval by the City and must be substantiated by the Contractor to the satisfaction of the City.

2.5 Labor Union or Prevailing Wage Adjustments
If Contractor’s employees are covered by a collective bargaining agreement or prevailing wage determination that results in an increase in mandatory labor wages during the term Agreement with [Contractor]/Appendix B-1-Rate Schedule Page 2 Rev. 07-01-18
of the Agreement, Contractor may request a corresponding rate adjustment. Any such request shall include documentation substantiating the applicable labor agreement or prevailing wage determination, the effective date and percentage of the wage increase, and a demonstration of how the increase impacts the rates in Appendix B1.

SECTION 3. PAYMENT PROVISIONS

3.1 Time and Materials
For Services authorized to be paid on a time and materials basis, Contractor shall provide an invoice to the City on a monthly basis for Services completed in the preceding month. The invoice must include the following information:

Invoice Number, Purchase Order Number, and Invoice Period.

Current amount due with a time and materials breakdown: titles, hours, hourly rates, and any City approved reimbursable expenses itemized with supporting documentation.

Sufficient detail for City to verify (a) th at the charges are in accordance with the Purchase Order, (b) that rates listed in Appendix B1 are charged, and (c) where applicable, hours worked can be matched to certified payroll submittals.

3.2 Fixed Price
For Services authorized to be paid on a fixed price basis, Contractor shall base the invoice on either (a) the percentage of Services completed during the previous month or (b) a lump sum amount upon the completion of deliverable(s) and subject to the following:

Invoices must include the following information:

3.2.1.1 Invoice Number, Purchase Order Number, and Invoice Period.

3.2.1.2 Detailed information on the Services performed on each deliverable or task completed on each project, as applicable.

Contractor shall not invoice labor costs subject to prevailing wages in advance of performing the applicable Services.

With regard to milestone payments, Contractor shall invoice each milestone payment in full. Contractor shall not separate milestone payments into multiple invoices.

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

Agreement with [Contractor]/Appendix B-1-Rate Schedule Page 3 Rev. 07-01-18

3.4 Payment Limited to Satisfactory Work.

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

3.5 Certified Payroll
When applicable, Contractor and all subcontractors shall submit certified payroll records for all workers employed in the performance of the Services. All certified payrolls shall be submitted in accordance with the requirements set forth in Exhibit D (Labor Compliance).

3.6 Accurate Invoice
Invoices shall be accurate, itemized, and submitted in a form acceptable to the City. If an invoice is incomplete or inaccurate, the City may return it to Contractor for correction and resubmittal before payment can be processed. Contractor shall not charge the City any interest, late fees, or penalties on any outstanding or delayed invoices due to inaccurate billing.

3.7 Billing for Billing
The City shall not pay for time associated with administrative or billing-related tasks, including but not limited to preparing responses to Work Requests, addressing billing issues, or communicating with auditors.

3.8 Payment
If there are no discrepancies or deficiencies in the submitted invoice and Contractor has submitted all required certified payroll, City shall process the invoice for payment.

3.9 Confidential
Invoices and related payment documentation are public records and are not confidential, even if marked as confidential when submitted by Contractor.

Agreement with [Contractor]/Appendix B-1-Rate Schedule Page 1 Rev. 07-01-18
APPENDIX B1 TO EXHIBIT B

RATE SCHEDULE

[INSERT RATE SCHEDULE]
Agreement with [Contractor] /Exhibit C-Insurance Requirements Page 1 Rev. 07-01-18

EXHIBIT C

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

A. COMMERCIAL GENERAL LIABILITY INSURANCE

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

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

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

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

Agreement with [Contractor] /Exhibit C-Insurance Requirements Page 2 Rev. 07-01-18
In the event that the Work being performed under this Agreement involves transporting of hazardous or regulated substances, hazardous or regulated wastes and/or hazardous or regulated materials, Contractor and/or its subcontractors involved in such activities shall provide coverage with a limit of two million dollars ($2,000,000) per accident covering transportation of such materials by the addition to the Business Auto Coverage Policy of Environmental Impairment Endorsement MCS90 or Insurance Services Office endorsement form CA 99 48, which amends the pollution exclusion in the standard Business Automobile Policy to cover pollutants that are in or upon, being transported or towed by, being loaded onto, or being unloaded from a covered auto.

C. WORKERS’ COMPENSATION

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

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

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

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

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

2. Primary and non-contributing. Each insurance policy provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the Indemnities may possess, including any self-insurance or self-insured retention they may have. Any other Agreement with [Contractor] /Exhibit C-Insurance Requirements Page 3 Rev. 07-01-18
insurance Indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor’s insurance.

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

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

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

1. Contractor agrees to ensure that subcontractors, and any other party involved with the Services who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.

2. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of Agreement with [Contractor] /Exhibit C-Insurance Requirements Page 4 Rev. 07-01-18
complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

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

F. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, 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.

G. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement.

Upon City’s request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be mailed to:

EBIX Inc.

City of Santa Clara [Department of Public Works]
P.O. Box 100085 – S2 or 1 Ebix Way
Duluth, GA 30096 John’s Creek, GA 30097

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

Agreement with [Contractor] /Exhibit D-Labor Compliance Page 1 Rev. 07-01-18

EXHIBIT D

LABOR COMPLIANCE ADDENDUM
This Agreement is subject to the requirements of California Labor Code section 1720 et seq. requiring the payment of prevailing wages, the training of apprentices, and compliance with other applicable requirements.

A. Prevailing Wage Requirements

1. Contractor shall be obligated to pay not less than the General Prevailing Wage Rate, which can be found at www.dir.ca.gov and are on file with the City Clerk’s office, which shall be available to any interested party upon request. Contractor is also required to have a copy of the applicable wage determination posted and/or available at each job site.

2. Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811-1813.

3. Special prevailing wage rates generally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the project and the amount of travel incurred by workers on the project, certain travel and subsistence payments may also be required.

Contractors and subcontractors are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca.gov .

4. Only bona fide apprentices actively enrolled in a California Division of Apprenticeship Standards approved program may be employed on the project as an apprentice and receive the applicable apprenticeship prevailing wage rates. Apprentices who are not properly supervised and employed in the appropriate ratio shall be paid the full journeyman wages for the classification of work performed.

5. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, Contractor agrees to present to City, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request. The term “certified payroll” shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the City or its designee including, but not limited to: certified Agreement with [Contractor] /Exhibit D-Labor Compliance Page 2 Rev. 07-01-18
payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.

6. In addition to submitting the certified payrolls and related documentation to City, Contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and/or final payment.

7. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

8. No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered “public works contractor” with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.

9. All contractors/subcontractors and related construction services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a “public works contractor”. Those you fail to register and maintain their status as a public works contractor shall not be permitted to perform work on the project.

10. Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the City for any fines assessed by the California Department of Industrial Relations against the City for such violation, including all staff costs and attorney’s fee relating to such fine.

11. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

B. Audit Rights
All records or documents required to be kept pursuant to this Agreement to verify compliance with this Addendum shall be made available for audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents shall be provided to City for audit at City Hall when it is Agreement with [Contractor] /Exhibit D-Labor Compliance Page 3 Rev. 07-01-18
practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Contractor’s address indicated for receipt of notices in this Agreement.

C. Enforcement

1. City shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., City may continue to hold sufficient funds to cover estimated wages and penalties under the Agreement.

2. Based on State funding sources, this project may be subject to special labor compliance requirements of Proposition 84.

3. The City is not obligated to make any payment due to Contractor until Contractor has performed all of its obligations under these provisions. This provision means that City can withhold all or part of a payment to Contractor until all required documentation is submitted. Any payment by the City despite Contractor’s failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this Agreement or a waiver of the right to withhold payment for any subsequent breach of this Addendum.

City or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements.

These penalties are up to $200 per day per worker for each wage violation identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-63 Agenda Date: 4/7/2026

REPORT TO COUNCIL

SUBJECT
Action to Authorize the City Manager to Negotiate and Execute Construction Management and Inspection Services Agreements for Public Works Projects with 4Leaf Inc., Consor North America, Inc., CSG Consultants, Swinerton Management & Consulting, LLC, and Zoon Engineering

BACKGROUND
The Department of Public Works (DPW) provides construction management and inspection services for both capital improvement and development projects. These efforts encompass a wide range of work which includes things such as pavement rehabilitation; traffic signal and transportation infrastructure; parks; storm drain and sanitary sewer improvements; and buildings.

With the increased number of projects resulting from the Measure I Bond Program, the demand for additional support is significantly greater than in prior years. With an increased number of projects planned to be under construction simultaneously, DPW will not have sufficient staffing capacity to support all the projects, making consultant resources necessary.

The purpose and scope of the agreements is to provide on-call construction management and inspection services to assist with delivering various Public Works projects, including Measure I bond- funded projects.

DISCUSSION
Pursuant to City Code Section 2.105.330, a formal Request for Qualifications (RFQ) was conducted as the solicitation method for this procurement. The factors considered in the award were the experience of the firm, staff qualification, availability, project approach, and customer references. The RFQ was advertised in December 2025, and eight proposals were received from the following firms on January 15, 2026:

1. 4Leaf Inc.

2. Alpha CM Inc.

3. AZAD Engineering PC

4. Consor North America, Inc.

5. CSG Consultants

6. JKL Construction Services, Inc.

7. Swinerton Management & Consulting, LLC

8. Zoon Engineering
The proposals were independently evaluated by a three-member evaluation team with representation from DPW. The proposals were evaluated against the above criteria published in the RFQ. DPW staff recommends the award of on-call agreements to the following top five ranked firms:

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26-63 Agenda Date: 4/7/2026

1. 4Leaf Inc.

2. Consor North America, Inc.

3. CSG Consultants

4. Swinerton Management & Consulting, LLC

5. Zoon Engineering
Based on Capital Improvement Program projections and the anticipated volume of locally funded projects, grant funded projects, and the new Measure I Bond projects entering the construction phase, the need for on-call consultant services for the remainder of the current fiscal year and the next three fiscal years is estimated at a total of approximately $8,000,000.

Staff requests approval of five consultant agreements because of the volume of projects and to provide flexibility in the event that one or more firms are unable to deliver timely services due to their workload constraints. Staff also requests authorization for the City Manager to shift funding among the five agreements as needed, provided that the total aggregate amount of $8,000,000 is not exceeded. This flexibility is needed to align project support requirements with the consultant best suited to the scope and schedule of the work.

Staff recommends approval of five, three-year agreements, each with an initial not-to-exceed amount of $1,600,000, for a combined total not-to-exceed amount of $8,000,000. The agreement for such services is being presented in its current draft form, as the terms have not yet been finalized, including the consultant’s rates. Such rates will be included in the final form of the agreement. Terms in the draft agreement that differ from the “standard” services agreement include a Task Order process, enhanced independent contractor language, more specific billing standards, and an enhanced indemnity provision.

In addition, staff requests authority for the City Manager to exercise up to two, one-year extensions for each agreement and to increase the aggregate agreement amount up to a total maximum compensation of $10,000,000 to address unforeseen project needs. This flexibility is necessary as additional projects may be identified, existing projects may be further defined, and construction timelines will become more accurately projected over time.

FISCAL IMPACT
The total amount to be paid to all five consultants for construction management and inspection services over the three-year term of the agreements is estimated at $8,000,000, subject to future budget appropriations.

Funding of approximately $516,000 remains in FY 2025/26 and $212,000 was budgeted in the Public Works Capital Projects Management Services Fund for FY 2026/27 as part of the Adopted FY 2025/26 and FY 2026/27 Biennial Adopted Operating Budget. In addition, these costs will be charged directly to certain projects, such as the Measure I general obligation bond projects.

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As the FY 2026/27 and FY 2027/28 Biennial Capital Improvement Program Budget is still under development, additional projects may be identified, existing projects may be further defined, and construction schedules will become more accurately projected over time. As a result, additional funding needs will be evaluated and incorporated into future budget requests as needed. Funding for these agreements beyond the currently adopted operating budget remains subject to the appropriation of funds.

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

RECOMMENDATION

1. Authorize the City Manager to negotiate and execute agreements with 4Leaf Inc., Consor North America, Inc., CSG Consultants, Swinerton Management & Consulting, LLC, and Zoon Engineering, each with an initial maximum compensation amount of $1,600,00, to perform on-call construction management and inspection services for a combined amount not-to-exceed $8,000,000 over the initial three-year terms of the agreements, in forms substantially similar to Attachment 1 and subject to the final approval as to form by the City Attorney;

2. Authorize the City Manager to exercise up to two, one-year extensions for each agreement and make minor modifications to the agreements, if necessary; and

3. Authorize the City Manager to adjust compensation amounts between the agreements and to amend agreement not-to-exceed amounts up to an aggregate amount of $10,000,000 subject to budget appropriations.

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

ATTACHMENTS

1. Draft Agreement for Construction Management and Inspection Services City of Santa Clara Printed on 4/2/2026Page 3 of 3
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Agreement with [Contractor] Page 1
Rev. 07-01-18
EBIX Insurance No.

AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
[CONTRACTOR]

PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and [Contractor], a [State and Business Entity], (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

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

The Parties agree as follows:

AGREEMENT TERMS AND CONDITIONS

Exhibit A – Scope of Services
Exhibit B – Schedule of Fees
Exhibit C – Insurance Requirements
Exhibit D – Labor Compliance Addendum (if applicable)
This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, Agreement with [Contractor] Page 2
Rev. 07-01-18
whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.

2. TERM OF AGREEMENT
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin upon execution of the Agreement by the City and terminate on May 30, 2029.

3. SCOPE OF SERVICES AND TASK ORDERS
A. Contractor will provide services to the City as set forth in Exhibit A and as further described pursuant to individual task orders (“Task Orders”). Eash Task Order will describe the services and deliverables (collectively “Work”) the Contractor must provide, the time limit within which the Contractor must complete the Work and the compensation for the Work.

B. The City will not compensate the Contractor for any Work until the City has executed the Task Order for such Work (“Approved Task Order”).

C. The City has no obligation to issue any Approved Task Orders under this Agreement.

D. Each Approved Task Order shall be subject to the terms and conditions of this Agreement.

5. QUALIFICATIONS OF CONTRACTOR - STANDARD OF CARE
Contractor represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Contractor’s representations regarding its skills and knowledge. Contractor shall perform such Services and duties in conformance to and consistent with the Agreement with [Contractor] Page 3
Rev. 07-01-18
professional standards of a specialist in the same discipline in the State of California.

6. COMPENSATION AND PAYMENT
There is a maximum total compensation for this Agreement and a separate maximum compensation for each Approved Task Order.

All work performed or materials provided in excess of the Total Maximum Compensation shall be at Contractor’s expense. Contractor shall not be entitled to any payment above the Total Maximum Compensation under any circumstances.

8. ASSIGNMENT AND SUBCONTRACTING
City and Contractor bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or Agreement with [Contractor] Page 4
Rev. 07-01-18
transferred without the prior written approval of City. Contractor shall not hire subcontractors without express written permission from City.

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

Contractor shall enter into written agreements with all per sons it engages, hires, contracts with, or employs to perform Services or provide labor and or materials to City, which state the persons are not employees of the City, and such persons are required to immediately report to Contractor any and all instances of any of the following, if they occur during the time the persons provide labor and or materials to City: (a) The way a person supplies labor and or materials to City is supervised by City or City’s designee; (b) The person is informed they should follow instructions given by City concerning how the person’s labor and material are to be provided; (c) The person is informed they should give City access to on -going review of the person’s labor and or materials; (d) The person is informed by City they should participate or attend training; (e) The person is unavailable to promote or otherwise make their labor and or materials available to the general public as a result of the provision of labor and materials to City; (f) The person is informed they are City’s employee; or (g) The person forms a belief or opinion they are City’s employee.

Contractor will inform and train persons it engages, hires, contracts with , or employs to provide labor and or materials to City on the requirements of Section

10. Contractor shall require that its workers and or personnel immediately report Agreement with [Contractor] Page 5
Rev. 07-01-18
to their respective Contractor supervisor any perceived occurrence under Section

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

Agreement with [Contractor] Page 6
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D. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor any other person or entity involved in the performance of the Services. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor shall be fully responsible according to the terms of this section.

Agreement with [Contractor] Page 7
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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
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected] and
[email protected]

And to Contractor addressed as follows:

[Insert Name]
[Address]
[Address]
and by e-mail at [Inset email]
The workday the e-mail was sent shall control the date notice was deemed given.

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

18. COMPLIANCE WITH LAWS
Contractor shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to “The Code of the City of Santa Clara, California” (“SCCC”). In particular, Contractor’s attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Contractor has Agreement with [Contractor] Page 8
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read and agrees to comply with City’s Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299).

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

Agreement with [Contractor] Page 9
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25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.

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

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

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation

Approved as to Form: Dated:

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

[CONTRACTOR NAME]
a [State and Business Entity]

Dated:

Agreement with [Contractor] Page 10
Rev. 07-01-18

By (Signature):

Name:

Title:

Principal Place of
Business Address:

Email Address:

Telephone:

Fax:
“CONTRACTOR”

Agreement with [Contractor]/Exhibit A-Scope of Services Page 1 Rev. 07-01-18

EXHIBIT A

SCOPE OF SERVICES
The Services to be performed for the City by the Contractor under this Agreement are set forth below.

1. SCOPE OF SERVICES
The Contractor will provide professional construction management and inspection consulting services pursuant to individual Task Orders.

Contractor responsibilities include the following: a) qualifications of staff that will be assigned; b) ability to respond to deadlines in a timely manner; c) experience working as a contractor for a City jurisdiction; and d) ability to manage projects with minimal oversight, including proactive communications across all project participants, and maintenance of project schedules. Contractor is an extension of City staff; therefore Contractor shall follow all City established policies and procedures related to the services performed.

The consulting services shall include, but not be limited to, the following:

1.1 Field Inspection

1.1.1 Develop and maintain familiarity with the City’s Standard Details and Specifications

1.1.2 Develop and maintain familiarity with the City’s Project Plans and Specifications (Contract Documents)

1.1.3 Develop and maintain familiarity with relevant permits and permit conditions

1.1.4 Inspect, monitor and ensure the quality of work

1.1.5 Verify work is in compliance with plans and specifications

1.1.6 Verify work is in compliance with approved material submittals, field directives, requests for information (RFIs), etc.

1.1.7 Monitor quantity of work in place

1.1.8 Anticipate issues and work pro-actively to resolve them

1.1.9 Monitor safety of construction operations

1.1.10 Inspect traffic control for proper implementation, safety, and compliance with approved traffic control plan(s)

1.1.11 Inspect work areas for impacts to public safety and convenience and resolve issues identified
Agreement with [Contractor]/Exhibit A-Scope of Services Page 2 Rev. 07-01-18

1.1.12 Verify work is in compliance with stormwater regulations and requirements

1.1.13 Develop punchlist(s) of incomplete and/or deficient work

1.1.14 Interact with the public

1.1.15 Verify construction contractor is updating as-builts

1.1.16 Monitor and document construction contractor work effort (manpower, equipment and materials) associated with time and material payment items or contract changes

1.1.17 Perform preliminary and final inspections

1.2 Coordination

1.2.1 Coordinate work activities and issue resolution with City Departments

1.2.2 Coordinate work activities and issue resolution with other public agencies (if applicable)

1.2.3 Ensure construction contractor complies with all relevant permits and permit conditions

1.2.4 Coordinate work activities and issue resolution with utility owners

1.2.5 Coordinate work activities and issue resolution with materials testing provider(s)

1.2.6 Coordinate work activities and issue resolution with the City’s special inspections consultant

1.2.7 Coordinate and/or monitor work activities and issue resolution with the City’s building code inspection staff (if required)

1.2.8 Attend pre-construction meeting

1.2.9 Attend regularly scheduled meetings

1.2.10 Attend issue-specific meetings

1.3 Reporting and Management

1.3.1 Complete, maintain and organize daily reports (daily reports to include: work completed and in progress; construction contractor manpower, equipment and materials; weather; key issues; etc.).

Daily reports shall be entered directly into e-Builder.

1.3.2 Prepare and communicate a Weekly Statement of Working Days Agreement with [Contractor]/Exhibit A-Scope of Services Page 3 Rev. 07-01-18

1.3.3 Review and/or process construction contractor submittals using e- Builder submittal process

1.3.4 Review and/or process construction contractor RFIs using e-Builder RFI process

1.3.5 Review and/or process construction contractor requests for substitution

1.3.6 Maintain photographic documentation for work progress and issue management

1.3.7 Provide weekly project status updates to City

1.3.8 Direct and notify construction contractor for any non-compliance, track all incidences, and work with construction contractor to correct as soon as practicable

1.3.9 Prepare, review and/or process field directives

1.3.10 Review construction contractor pay requests, resolve issues, and recommend payment amounts. Pay requests will be processed through e-Builder.

1.3.11 Develop and distribute draft and final meeting minutes as required

1.3.12 Track all materials testing and maintain log of events and results

1.3.13 Track and/or monitor tracking of all building code and special inspections and reports

1.3.14 Monitor construction contractor’s compliance with the City’s requirements for Construction and Demolition Debris Recycling

1.3.15 Track and maintain documentation related to LEED certification requirements

1.3.16 Review, monitor and report on construction contractor’s schedule status (on-schedule, ahead, behind)

1.3.17 Monitor and/or manage construction impacts to the public, other agencies, utilities, etc.

1.3.18 Monitor, evaluate and report on potential contract changes (potential change orders) and advise City regarding change resolution and/or negotiation. Potential change orders will be processed through e-Builder.

1.3.19 Provide independent cost estimates for potential contract changes as required
Agreement with [Contractor]/Exhibit A-Scope of Services Page 4 Rev. 07-01-18

1.3.20 Manage punchlist process and closeout from substantial completion through to final completion and acceptance of work

1.3.21 Review construction contractor as-builts and coordinate corrections as necessary to ensure accurate record drawings

1.3.22 Ensure all warranties, operations & maintenance manuals and related documentation are submitted

1.3.23 Manage the construction inspection and management team to ensure successful completion of services, and within budget

1.3.24 Develop and maintain familiarity with e-Builder and the City of Santa Clara’s specific implementation of e-Builder for construction phase activities

1.3.25 Support City in fully utilizing e-Builder for construction management and construction inspection processes and documentation

2. PROCEDURE FOR ISSUANCE OF TASK ORDERS

2.3 Scope of Work. The City will provide the selected contractor(s) with a written description of the requested services.

2.5 The City will evaluate the Proposals according to the criteria and weights listed in the Work Request.

Agreement with [Contractor]/Exhibit A-Scope of Services Page 5 Rev. 07-01-18

2.7 City will enter into negotiations with the highest-ranked contractor.

Negotiations may include, but are not limited to, the scope of work, schedule to perform scope, and technical specifications. The City will not renegotiate any established rates as set forth in Exhibit B but may negotiate the level of effort required for the Services. In the event negotiations with the highest- ranked contractor are unsuccessful, the City will either move on to the next highest-ranked contractor, suspend the selection process, or terminate the solicitation process and issue a new Work Request (except, as determined by City, reissuance would not be an idle act).

2.9 If a fixed fee or lump sum is authorized by the City, Contractor must include a payment schedule in their final Proposal. The final Proposal shall be in conformance with Exhibit B and:

2.9.1 Include a clear breakdown of materials and labor indicating taxable and non-taxable items, along with an estimate of required taxes.

2.9.2 Include separation of materials subject to tax so that payment for such materials and the associated taxes occur in a single payment.

2.9.3 Payment milestones shall be connected to deliverables and shall not include payment for labor subject to prevailing wage in advance of such labor taking place.

2.10 Contractor must submit a revised Proposal to the City based upon such negotiations.

2.12 Each Purchase Order shall incorporate, as applicable, the Proposal approved by the City.

2.13 Contractor shall have seven (7) calendar days from the date of the City's issuance of the Purchase Order in which to respond in writing if Contractor Agreement with [Contractor]/Exhibit A-Scope of Services Page 6 Rev. 07-01-18
elects not to perform the Services. If Contractor (a) agrees in writing to perform the Services, (b) begins performance of the Services, or (c) fail to respond within the seven-day period, then Contractor will be deemed to have accepted the Purchase Order and in such case the Purchase Order shall be incorporated into this Agreement. The Purchase Order shall be included within the Services.

3. STAFFING IN COORDINATION WITH CITY
The City may be in a position to have City staff perform some of the responsibilities of the construction management and inspection team for a specified scope of services. The City staff may be either part-time or full-time.

Contractor should therefore anticipate the possibility that City staff will need to be integrated into the construction management and inspection team. This will necessarily displace Contractor staff for these functions. All staffing considerations and decisions are anticipated to be a collaborative effort between the City and Contractor; however, in case of a dispute, the City shall have final decision authority regarding staffing for the scope of services. If the City indicates that no City staffing support is available, the Contractor will be requested to propose a complete team to perform all of the desired scope of services.

Agreement with [Contractor]/Exhibit A-Scope of Services Page 7 Rev. 07-01-18

4. RESPONSIBILIITES OF CITY
The City shall provide City’s Public Works Standard Details and Specifications for construction. The City shall provide related/needed Storm Drain, Electric, Water, Sewer and Recycled Water Block Book Maps and record drawings (if available).

In addition, the City shall provide any necessary user licenses/logins for Contractor staff to access and use e-Builder, the City’s enterprise project management system. All construction phase documentation shall be developed and/or stored in e-Builder.

Agreement with [Contractor]/Exhibit B Schedule of Fees Page 1 Rev. 07-01-18

EXHIBIT B

SCHEDULE OF FEES AND PAYMENT PROVISIONS
SECTION 1. MAXIMUM COMPENSATION

1.1 The maximum compensation payable to Contractor during the Term shall not exceed the amount in Section 6 of this Agreement.

1.2 The City does not guarantee a minimum compensation under this Agreement.

SECTION 2. RATES

2.1 Rate Schedule
The rates applicable to the Services performed under this Agreement are listed in Appendix B1 (Rate Schedule), which is attached hereto and incorporated by reference.

The rates shown in Appendix B1 are fully burdened, including all costs such as labor, overhead, and profit.

2.3 Additional Rates
If a specific rate, labor classification, equipment type, or service type required under this Agreement is not listed in Appendix B1, Contractor shall submit a written Proposal in response to the City’s Work Request. The City shall review the Proposal, and, if acceptable, approve the proposed rate(s) through a Purch ase Order or a written amendment. Contractor must clearly provide justification for any additional rates. No such rates shall be effective or compensable unless expressly approved by the City through a Purchase Order or a written amendment.

2.5 Labor Union or Prevailing Wage Adjustments
If Contractor’s employees are covered by a collective bargaining agreement or prevailing wage determination that results in an increase in mandatory labor wages during the term Agreement with [Contractor]/Exhibit B Schedule of Fees Page 2 Rev. 07-01-18
of the Agreement, Contractor may request a corresponding rate adjustment. Any s uch request shall include documentation substantiating the applicable labor agreement or prevailing wage determination, the effective date and percentage of the wage increase, and a demonstration of how the increase impacts the rates in Appendix B1.

SECTION 3. PAYMENT PROVISIONS

Invoice Number, Purchase Order Number, and Invoice Period.

Current amount due with a time and materials breakdown: titles, hours, hourly rates, and any City approved reimbursable expenses itemized with supporting documentation.

Sufficient detail for City to verify (a) that the charges are in accordance with the Purchase Order, (b) that rates listed in Appendix B1 are charged, and (c) where applicable, hours worked can be matched to certified payroll submittals.

Invoices must include the following information:

3.2.1.1 Invoice Number, Purchase Order Number, and Invoice Period.

3.2.1.2 Detailed information on the Services performed on each deliverable or task completed on each project, as applicable.

Contractor shall not invoice labor costs subject to prevailing wages in advance of performing the applicable Services.

With regard to milestone payments, Contractor shall invoice each milestone payment in full. Contractor shall not separate milestone payments into multiple invoices.

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

Agreement with [Contractor]/Exhibit B Schedule of Fees Page 3 Rev. 07-01-18

3.4 Payment Limited to Satisfactory Work.

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

3.8 Payment
If there are no discrepancies or deficiencies in the submitted invoice and Contractor has submitted all required certified payroll, City shall process the invoice for payment.

3.9 Confidential
Invoices and related payment documentation are public records and are not confidential, even if marked as confidential when submitted by Contractor.

Agreement with [Contractor]/Appendix B1 – Rate Schedule Page 1 Rev. 07-01-18
APPENDIX B1 TO EXHIBIT B

RATE SCHEDULE

[INSERT RATE SCHEDULE]
Agreement with [Contractor]/Exhibit C-Insurance Requirements Page 1 Rev. 07-01-18

EXHIBIT C

COMMERCIAL GENERAL LIABILITY INSURANCE
Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury
Exact structure and layering of the coverage shall be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.

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:
i. Coverage shall be on a “pay on behalf” basis with defense costs payable in addition to policy limits;
ii. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and iii. 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.

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

Agreement with [Contractor]/Exhibit C-Insurance Requirements Page 2 Rev. 07-01-18
In the event that the Work being performed under this Agreement involves transporting of hazardous or regulated substances, hazardous or regulated wastes and/or hazardous or regulated materials, Contractor and/or its subcontractors involved in such activities shall provide coverage with a limit of two million dollars ($2,000,000) per accident covering transportation of such materials by the addition to the Business Auto Coverage Policy of Environmental Impairment Endorsement MCS90 or Insurance Services Office endorsement form CA 99 48, which amends the pollution exclusion in the standard Business Automobile Policy to cover pollutants that are in or upon, being transported or towed by, being loaded onto, or being unloaded from a covered auto.

WORKERS’ COMPENSATION
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.

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

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.

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.

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

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.

Agreement with [Contractor]/Exhibit C-Insurance Requirements Page 3 Rev. 07-01-18
Cancellation.
iv. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
v. 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.

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.

ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:

Contractor agrees to ensure that subcontractors, and any other party involved with the Services who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to limits.

Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.

Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

Agreement with [Contractor]/Exhibit C-Insurance Requirements Page 4 Rev. 07-01-18
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.

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.

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.

EBIX Inc.

City of Santa Clara Department of Public Works
P.O. Box 100085 – S2
Duluth, GA 30096

Telephone number: 951-766-2280
Fax number: 770-325-0409

QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.

Agreement with [Contractor]./Exhibit D-Labor Compliance Page 1 Rev. 07-01-18

EXHIBIT D

A. Prevailing Wage Requirements

Contractors and subcontractors are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca.gov .

5. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, Contractor agrees to present to City, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request. The term “certified payroll” shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the City or its designee including, but not limited to: certified Agreement with [Contractor]./Exhibit D-Labor Compliance Page 2 Rev. 07-01-18
payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.

11. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

B. Audit Rights
All records or documents required to be kept pursuant to this Agreement to verify compliance with this Addendum shall be made available for audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents shall be provided to City for audit at City Hall when it is Agreement with [Contractor]./Exhibit D-Labor Compliance Page 3 Rev. 07-01-18
practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Contractor’s address indicated for receipt of notices in this Agreement.

C. Enforcement

2. Based on State funding sources, this project may be subject to special labor compliance requirements of Proposition 84.

City or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-380 Agenda Date: 4/7/2026

REPORT TO COUNCIL

SUBJECT
Update to Council on Charter Review Committee Progress with its Assigned “Charter Project” Proposed Plan for Charter Reorganization, and Proposed Schedule for City Council Consideration and Action

BACKGROUND
The idea for a comprehensive review and update of the City Charter (now commonly referred to as the “Charter Project”) was incorporated into the Governance and Ethics Committee Work Plan in early 2025. An outline for the project was first formally presented to the Governance and Ethics Committee on May 1, 2025. Senior City staff were supportive of the project based on their own assessment, and feedback from the different departments responsible for implementing its terms, that a number of Charter provisions were ambiguous, out of date, not aligned with current City operations or best practices, and/or not aligned with current laws. With support from the Committee, the project concept was presented to the full City Council on July 15, 2025. Recognizing the potential benefits of the project, the Council directed staff to take the initial steps to form a Charter Review Committee for purposes of implementing the “Charter Project” (the Charter Project CRC).

Council direction included terms for the CRC’s composition, selection process and purposes. Staff advertised the availability of CRC positions and, with the City Clerk, implemented the CRC lottery selection and appointment process. On September 16, 2025, the City Council appointed the CRC members and formally established the CRC by adoption of the CRC Bylaws.

Section 2 of the City Council adopted Bylaws for the Charter Project CRC describes its purpose as follows:
“The purpose of the CRC is to work with City staff, with input from the community, to facilitate the implementation of the “Charter Project.” The Charter Project involves a process for comprehensive review of the City Charter to identify provisions in the Charter that should be corrected, clarified or modified for the Charter to be fully consistent with applicable state law, aligned with current best practices for City operations and, in general, easier to understand and apply. At the end of the process, the objective of the Charter Project is to produce a draft comprehensive Charter Amendment for presentation to the City Council and, if the City Council so directs, possibly the voters at the November 2026 Election.” Section 3 of the Bylaws sets forth a list of the CRC’s duties. Section 3.4 describes the CRC’s ultimate duty as follows:
“Make a Recommendation to the City Council regarding a Comprehensive Amendment of the City Charter. To implement the Charter Project City staff will be preparing draft revisions to the City Charter for consideration and input by CRC Subcommittees and/or the CRC itself. At the City of Santa Clara Printed on 4/2/2026Page 1 of 5
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end of the process, the CRC will be expected to make a recommendation to the City Council on one or more proposed amendments to the City Charter. The proposed “top to bottom” review process is intended to be driven by practical and legal considerations, with the prime objective being to bring the Charter up to current “best practices” for City operations. It is not intended to implement any major restructuring of City operations or to change the City’s election process. In the end, it will be up to the Charter Review Committee to recommend, and the City Council to decide which, if any, of the proposed changes will be presented to the voters as part a comprehensive update to the City Charter. In order to coordinate with the City Council’s summer meeting schedule, and to meet the timing requirements for submittals of measures to voters at the November 2026 election, the CRC shall endeavor to finalize and present its recommendation(s) to the City Council by no later than June 29, 2026.” This report is intended to update the City Council on the Charter Project CRC’s progress to date towards implementing the Charter Project.

DISCUSSION
CRC Meetings and Activities.

Since October, the Charter Project CRC has met six (6) times. Meetings were held in 2025 on October 1st, October 22nd and November 19th and in 2026 on January 21st, February 18th and March 18th. Early meetings focused on training and work plan development. Since then, significant actions taken to date by the CRC include:
· Formation of six (6) Ad Hoc Subcommittees to serve as working groups for their assigned sections. The six Groups’ assigned work areas are as follows: (1) Powers and Structure of City Government: Rules/Process for Action; (2) City Council: Elections, Powers and Conduct of Meetings; (3) Senior Officials: Duties and Qualifications; (4) Boards and Commissions: Composition, Powers and Duties; (5) Civil Service: General Rules for Classified and Unclassified Employees; Commission Composition and Duties; and (6) Fiscal Administration and Procurement.
· Consideration and approval (in concept) of proposed changes to Article XI, Civil Service (setting forth the City’s basic structure and rules of classified and unclassified positions), and Sections 1010 and 1011 (setting forth the terms for the Civil Service composition and powers and duties). Early action on these provisions was necessary in order to allow for potentially impacted labor groups to be consulted and provide input on the proposed changes. Note: Staff recently commenced the process for solicitation of input from labor groups.
· Consideration and approval in concept of working definitions of the different “levels” of changes to the Charter. The idea here was to categorize proposed changes into levels so that when the total package is presented to the City Council, the Council will have a basis to evaluate which of the proposed changes ought to be included in the comprehensive Charter amendment submittal to the voters (generally, Levels One and Two), which changes might be so significant or implicate politically sensitive areas that such changes might be considered for presentation to the voters as one or more separate ballot measures (generally, Level Three), and which areas discussed were so City of Santa Clara Printed on 4/2/2026Page 2 of 5
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significant, complex or sensitive that they were beyond the scope of the Charter Project CRC, but might warrant future study or consideration.(Level Four) (See current draft of proposed Levels attached hereto as Attachment 1) · Consideration and approval (in concept) of plan for an overall reorganization of the City Charter. As currently proposed, this overall reorganization would include a number of elements: (1) Consolidation of Articles I through V; (2) shifting of certain Sections into more logical arrangements by subject matter; (3) retitling of Articles and Sections with more descriptive language; (4) breaking up longer Sections into titled Subsections; (5) deleting headings and numbering left over from previously deleted Sections; (6) re- numbering all Articles and Sections with a more modern, intuitive numbering system; and (7) creation of a comprehensive matrix to be attached at the end of the Charter showing the history of changes to each Section, references to previous Section numbers, and references to City Code Sections that are implementing of the Charter.

Note: the pros and cons of this approach are discussed in more detail, below.

Ad Hoc Subcommittee Meetings and Activities.

As of the date of publication of the agenda including this item, the following Ad Hoc Subcommittee meetings have been held. :
· Group One: Power and Structure of City Government: Rules/Process for Action o November 12, 2025
o December 15, 2025
o January 14, 2025
· Group Two: City Council: Elections, Powers and Conduct of Meetings o December 8, 2025
o February 9, 2026
o March 9, 2026
· Group Three: Senior Officials: Duties and Qualifications o January 12, 2025
o March 11, 2026
· Group Four: Boards and Commissions: Composition, Powers and Duties o November 13, 2025
o December 15, 2025
o February 12, 2026
o March 12, 2026
· Group Five: Civil Service: General Rules for Classified and Unclassified Employees; Commission Composition and Duties
o November 17, 2025
o January 5, 2026
o January 14, 2026
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· Group Six: Fiscal Administration and Procurement
o February 4, 2026
o March 17, 2026
At each monthly CRC meeting, the CRC agenda includes a report out from each Ad Hoc Subcommittee that has met since their last “report out.” Report outs include a summary of issues discussed, input (if any) received from Charter Project “stakeholders” (for example, relevant City Staff, Boards and Commissions), benchmarking information and proposed next steps. CRC questions and input are also solicited.

Most Ad Hoc Subcommittees have moved beyond mere discussions of issues and are now reviewing and commenting on actual proposed Charter language. To continue this work effort, many more Ad Hoc Subcommittee meetings are already on calendar. Ultimately, each Ad Hoc Subcommittee will be presenting their proposed language changes to the CRC for CRC consideration and action on what to recommend to the City Council. The collection of all of these recommendations will then be packaged and presented to the City Council for Council consideration and action.

Scheduling
At the March 18, 2026 CRC Meeting, staff suggested that in order to complete the project, there would likely need to be more CRC meetings beyond the currently scheduled April 15th, May 20th and June 17th meetings. CRC understood and was amenable to this. Staff is currently looking at the calendar to propose additional meeting dates.

The current intent is to be in a position to present the full Charter Project CRC recommendation to the City Council at the June 9, 2026 Council meeting. After receiving Council preliminary input, the CRC would meet further, as needed to, make any requested modifications and refine the proposal.

The recommendation would then be re-presented to Council later in June or early July. If Council desires to proceed to place a measure on the ballot, the full ballot package would need to be delivered to the County Registrar by no later than August 7, 2026. In order not to intrude on the Council’s scheduled summer recess, that means final City Council action on Charter update ballot proposal would need to occur at the Council’s currently scheduled July 14, 2026 meeting.

Pros and Cons of the Proposed Comprehensive Reorganization.

At their February 18, 2026 meeting the Charter Project CRC considered the proposed comprehensive Charter reorganization concept, along with the pros and cons of such approach presented by staff. The primary arguments in favor included: (1) such a reorganization would be perfectly aligned with the Charter Project’s stated purposes by making the Charter more modern and “user friendly” for the public and for professional staff; (2) the deletion of unused Section headings and internal history references would make the Charter shorter, less cluttered and easier to read; (3) the proposed new “tools” including an expanded definitions section, and a detailed matrix with Section amendment and numbering history, along with references to relevant City Code sections, would also enhance Charter usability. Arguments against a comprehensive Charter reorganization included: (1) if an underline/strikeout of the proposed changes were to be placed on the ballot, it could turn off the voting public if it appeared that the changes were not being fully explained or evident; (2) if the full text of all changes needed to be included on the ballot it would increase the cost of the ballot measure; and (3) if a measure with comprehensive renumbering were to be approved by voters, full implementation would require a review and update of the City Code and all other materials City of Santa Clara Printed on 4/2/2026Page 4 of 5
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referencing the Charter to update the existing Section references.

Ultimately, the CRC approved proceeding with the comprehensive reorganization. On balance, since they were already undertaking a comprehensive update of the Charter, the consensus of the CRC was that now was the right time to also implement the comprehensive reorganization and renumbering system. They were also apprised that there was no legal requirement to place an underline/strikeout version of proposed changes on the ballot, so that a very messy and complicated document need not be what the voters acted on. Instead, a link could be provided in the ballot measure and/or the City Attorney’s Impartial Analysis to the City’s website for the full Charter language. This would include an underline strikeout of all proposed changes, a detailed description of all the proposed changes, and an extensive FAQ Section. In light of this, the CRC voted unanimously to support including the comprehensive Charter reorganization concept as part of their work plan.

On staff’s suggestion, the CRC included in their action a request that City Council be provided a preview of the proposed reorganization in case there was any issues or concerns. This item presents that preview, along with the current draft reorganization summary (Attachment 2). If the Council, or any individual Councilmember has any concerns with this approach, this item can be pulled for further discussion. Any individual Councilmember can also contact City Attorney Googins with any questions. CRC Members Diamond and Tansey, along with CRC Chair Nikolai have indicated that they would also be available to respond to any questions at the April 7th meeting if necessary.

RECOMMENDATION
Note and file the report.

Reviewed by: Courtney Mohammadi, Legal Executive Assistant, City Attorney’s Office Approved by: Glen Googins, City Attorney

ATTACHMENTS

1. Charter Project “Levels” Summary

2. Proposed Charter Reorganization Summary (DRAFT dated February 18, 2026) City of Santa Clara Printed on 4/2/2026Page 5 of 5
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Charter Project “Levels”
[Presented to the CRC on February 18, 2026]

Level One
Changes in form and appearance that are not substantive. Includes corrections, rewording for clarity, reorganization, elimination of redundancies, consistency of cross-references and numbering, consolidation of sections, elimination of headings for previously deleted sections, rewording of headings to better reﬂect content, addition of subheadings, deﬁned terms, and other Charter-wide conventions to improve comprehension and usability.

Level Two
Rewordings, deletions and additions intended to add clarity, ﬁll gaps, eliminate ambiguities, replace outdated (no longer used) practices with current “best” practices, and provide consistency with state law. Some changes are “substantive” but are not thought to be that signiﬁcant or made in sensitive areas so as to warrant consideration as possible separate ballot measures.

Note: Both Level One and Level Two Changes will be recommended to be combined in one ballot measure
Level Three
Changes to policies or procedures that may be considered “best practices” or are otherwise viewed as desirable, and that the CRC recommends, but either involve political sensitivity, or are of such independent signiﬁcance, that they may justify consideration as separate ballot measures.

Note: Ideally, Level Three changes would be combined with Level One and Level Two Changes, but some or all may warrant separate consideration Level Four
Possible changes to the Charter that are either too complicated or too signiﬁcant to have been fully analyzed or appropriate for consideration as part of this Charter update project, but are worthy of further study and consideration in the future.

Note: An example of this might be “ranked-choice” voting.

1 Charter Project
Proposed Reorganization
DRAFT
February 18, 2026

Preamble

Article One
Essential Terms

Article Two
Elected Officials

Article Three
Conduct of Elections

Article Four
City Council Actions and Limitations

Article Five
Organization of City Government

Article Six
Appointed Boards and Commissions

Article Seven
City Workforce

Article Eight
Fiscal Administration [and Finance]

Article Nine
Public Contracting (Including Franchises)

Article Ten
General Provisions

2 Article One
Essential Terms

Existing Articles/Sections:

Article I - Name of City, Article II - Boundaries, Section 400 - General grant of power, Section 500 - Form of Government, [Section 706 – Powers, Section 1800 – Defined Terms]

Proposed Reconfigured Sections
Section 100 Name
Section 101 Boundaries
Section 102 Powers
Section 103 Form of Government
Section 104 Relationship with Other Laws
Section 105 Defined Terms

Article Two
Elected Officials

Existing Articles/Sections:

Section 600 - City elected officers, Certain Sections in Article VII, 700.1 - Elections – City Council Districts, 701 - Term limits of mayor and council members, 701.1 - Qualifications for Chief of Police, 702 - Compensation, Parts of Section 703 - Vacancies, 704 – Presiding Officer – Mayor, 704.1 - Mayor – Limitation of terms, 704.2 - Mayor Political position, 704.3 - Mayor – Powers and duties, 704.4 - Mayor – Vacancy, 705 - Vice Mayor, [Section 706 - Powers], Section 912 – Oath of Office]

Proposed Reconfigured Sections
Section 200 City Elected Officials
Section 201 Required Qualifications
a. A pplicable to All
b. Mayor and Council
c. Chief of Police
d. City Clerk
Section 202 Powers and Duties
a. Mayor
b. Councilmembers
c. Chief of Police
d. City Clerk
Section 203 Election and Appointment
a. Mayor, City Clerk and Chief of Police Elected City-wide b. City Councilmembers Elected By District
c. Term Limits
d. Vacancies
e. Commencement of Term; Oath of Office
Section 204 Compensation

3 Article Three
City Elections

Existing Articles/Sections:
600.01, Municipal Elections, 600.02, Consolidation of Elections, 700 - Term – Method of holding elections, 700.2 - Election Following Change of Boundaries, parts of Section 703 - Vacancies, 711 - Election and Qualification of Council Members

Proposed Reconfigured Sections
Section 300 Regular Elections
Section 301 Special Elections
Section 302 Consolidation of Elections
Section 303 Councilmember District Elections
Section 304 Administration of Elections
Section 305 Applicable Law

Article Four
City Council Actions and Limitations

Existing Articles/Sections:

Section 401 - Disposal of Public Utility; Certain Sections in Article VII, including: Section 707- Regular meetings, 708 - Special meetings, 709 - Place of meeting, 710 - Quorum, 712 - Proceedings, 713 - Action by ordinance or resolution, 714 - Power to lease, sell or convey City Property, 714.1 - Protection of parkland and public open space; Certain Sections in Article VIII, including: Section 807 - Prohibitions against Councilmanic interference, 808 - Ordinances, 809 - Repeal or amendment of ordinances, 810 - Effective date of ordinances, 811 - Emergency Ordinances, 812 - Publication of ordinances, 813 - Codification of ordinances, 814 - Adoption of printed building codes, etc., 815 - Publication of legal notices, [910, Administrative Code]

Proposed Reconfigured Sections
Section 401 City Council Authority
Section 402 City Council Meetings
a. Regular Meetings
b. Special Meetings
c. Rules for Conduct of Meetings
Section 403 Forms of Action
a. Ordinance
b. Resolution
Section 404 Limitations on Authority/Actions
a. Prohibitions on “Councilmanic Interference”
b. Sale of public utility
c. Certain sales of real property
d. Transfer or change of use of parkland and public open spaces e. Reserved powers of electorate (initiative/referendum)

4 Article Five
Organization of City Government

Existing Articles/Sections:

Certain Sections in Article VIII, including: Section 800 - Appointment, 801 - Compensation, 802- Powers and Duties, 803 - Rules and Regulations, 804 - Manager pro tempore, 805 - Participation in Council action, 806 - Removal by City Manager; Certain Sections in Article IX including: Section 900 - Officers to be appointed by the City Council and by the City Manager, 901 - Other appointive officers, 902 - Appointive officers; duties, 903 - City clerk; powers and duties, Section 904 - Director of Finance, 905 - City Engineer and Department of Public Works, 906 - Chief of the Police Department, 907 - Chief of the Fire Department, 908 - City Attorney, 909 - City Auditor, [910 - Administrative Code], 911 - Official Bonds, [Article XII – Retirement]

Proposed Reconfigured Sections
Section 501 Organization of City Government
Section 502 Officers Appointed by Council
a. City Manager
b. City Attorney
c. City Auditor
Section 503 Officers Appointed by the City Manager
a. In General
b. Director of Finance
c. Director of Public Works
d. Chief of the Fire Department
Section 504 O ther Officers and Employees
Section 505 Retirement System

Article Six
Appointed Boards and Commissions

Existing Articles/Sections:

Article X, Sections 1000 – In general, 1001 – Appointments; terms, 1003 – Meetings; Chair, 1004 - Compensation, vacancies, 1005 – Oaths; affirmations, 1006 – Planning Commission – Generally, 1007 Planning Commission -Duties and powers, 1008 – Parks and Recreation Commission, 1009 – Parks and Recreation Commission – Powers and Duties, 1010 – Civil Service Commission, 1011 – Civil Service Commission – Powers and Duties, 1012 – Board of Library Trustees, 1013 – Board of Library Trustees – Powers and Duties

Proposed Reconfigured Sections
Section 600 In General
a. Charter boards and commissions
b. Other boards and commissions to be created by ordinance/resolution c. City Council to provide funding
d. Appointment Process
e. Terms
f. Compensation
Section 601 Planning Commission
Section 602 Parks and Recreation Commission
Section 603 Civil Service Commission
Section 604 Board of Library Trustees

5 Article Seven
City Workforce

Existing Articles/Sections
Article XI – Civil Service, including Section 1100 – Civil Service; merit principle, 1101 – Classified Service, 1102 – Appointments from classified to the unclassified service, 1103 – Classification, 1104 – Pay Plan, 1105 – Civil Service rules and regulations, 1106 – Reserved, 1107 – Prohibitions, 1108 – Contract for administrative services

Proposed Reconfigured Sections
Section 700 Classified and Unclassified Service
Section 701 Classified Service; Merit Principle
Section 702 Council Approval of Classification and Pay Plan Section 704 Rights Retained Upon Appointment from Classified to Unclassified Service Section 705 Civil Services Rules and Regulations
Section 706 Prohibitions; Violations
Section 707 City Authority to Contract for Administrative Services

Article Eight
Fiscal Administration [and Finance]

Existing Articles/Sections
Article XII – Retirement, Certain (most) Sections of Article XIII, including Section 1300 – Fiscal Year, 1301 – Annual budget, 1302 – Budget –Submission to City Council, 1303 – Budget – Public Hearing, 1304 – Budget – Further consideration and adoption, 1305 – Budget – Appropriations, Repealed Sections 1306 through 1308, 1309 – Bonded debt limit, 1311 – General Fund, 1312 – Capital project funds, 1313 – Department funds, 1314 – Petty cash funds, Repealed Sections 1315 and 1316, 1319 – Independent Audit, 1320 – Utilities Fund, 1321 – Revenue Bonds

Proposed Reconfigured Sections
Section 801 Fiscal year
Section 802 Budget
a. Preparation
b. Adoption
c. Amendment
d. Carryforwards
Section 803 Required Budget Components
a. General Fund
b. Capital Fund
c. General Enterprise Funds
d. Utility fund
e. Reserves
Section 804 Finance Authority
Section 805 Finance Limitations
Section 806 Independent Audit
Section 807 Retirement

6 Article Nine
Public Contracting (Including Franchises)

Existing Articles/Sections
Section 1310, Contracts on public works, Section 1318 – Centralized purchasing, Article XIV - Franchises

Proposed Reconfigured Sections
Section 900 Centralized Purchasing
Section 901 Public Works
Section 912 Use of City Forces
Section 913 Franchises

Article Ten
General Provisions

Existing Articles/Sections
Article III – Succession, Section 1317 – Actions Against City, Article XVIII – Miscellaneous, including Sections 1800 – Definitions, 1801 – Violation, 1802 – Validity, 1803 – Effective Date

Proposed Reconfigured Sections
Section 1000 Definitions
Section 1001 Effective Date
Section 1002 Actions Against City
Section 1003 Violations and Enforcement

7 Article One
Essential Terms

Section 100 Name
Section 101 Boundaries
Section 102 Powers
Section 103 Form of Government
Section 104 Relationship with Other Laws
Section 105 Defined Terms

Article Two
Elected Officials

Section 200 City Elected Officials
Section 201 Required Qualifications
a. Applicable to All
b. Mayor and Council
c. Chief of Police
d. City Clerk
Section 202 Powers and Duties
a. Mayor
b. Councilmembers
c. Chief of Police
d. City Clerk
Section 203 Election and Appointment
a. Mayor, City Clerk and Chief of Police Elected City-wide b. City Councilmembers Elected By District
c. Term Limits
d. Vacancies
e. Commencement of Term; Oath of Office
Section 204 Compensation

Article Three
Municipal Elections

Section 300 Regular Elections
Section 301 Special Elections
Section 302 Consolidation of Elections
Section 303 Councilmember District Elections
Section 304 Administration of Elections
Section 305 Applicable Law

8 Article Four
City Council Actions and Limitations

Section 401 City Council Authority
Section 402 City Council Meetings
a. Regular Meetings
b. Special Meetings
c. Rules for Conduct of Meetings
Section 403 Forms of Action
a. Ordinance
b. Resolution
Section 404 Limitations on Authority/Actions
a. Prohibitions on “Councilmanic Interference”
b. Sale of public utility
c. Certain sales of real property
d. Transfer or change of use of parkland and public open spaces e. Reserved powers of electorate (initiative/referendum)

Article Five
Organization of City Government

Section 501 Organization of City Government
Section 502 Officers Appointed by Council
a. City Manager
b. City Attorney
c. City Auditor
Section 503 Officers Appointed by the City Manager
a. In General
b. Director of Finance
c. Director of Public Works
d. Chief of the Fire Department
Section 504 Other Officers and Employees
Section 505 Retirement System

Article Six
Appointed Boards and Commissions

Section 600 In General
a. Charter boards and commissions
b. Other boards and commissions to be created by ordinance/resolution c. City Council to provide funding
d. Appointment Process
e. Terms
f. Compensation
Section 601 Planning Commission
Section 602 Parks and Recreation Commission
Section 603 Civil Service Commission
Section 604 Board of Library Trustees

9 Article Seven
Civil Service

Section 700 Classified and Unclassified Service
Section 701 Classified Service; Merit Principle
Section 702 Council Approval of Classification and Pay Plan Section 704 Rights Retained Upon Appointment from Classified to Unclassified Service Section 705 Civil Services Rules and Regulations
Section 706 Prohibitions; Violations
Section 707 City Authority to Contract for Administrative Services

Article Eight
Fiscal Administration [and Finance]

Section 801 Fiscal year
Section 802 Budget
a. Preparation
b. Adoption
c. Amendment
d. Carryforwards
Section 803 Required Budget Components
a. General Fund
b. Capital Fund
c. General Enterprise Funds
d. Utility fund
e. Reserves
Section 804 Finance Authority
Section 805 Finance Limitations
Section 806 Independent Audit
Section 807 Retirement

Article Nine
Public Contracting (Including Franchises)

Section 900 Centralized Purchasing
Section 901 Public Works
Section 912 Use of City Forces
Section 913 Franchises

Article Ten
General Provisions

Section 1000 Definitions
Section 1001 Effective Date
Section 1002 Actions Against City
Section 1003 Violations and Enforcement

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-148 Agenda Date: 4/7/2026

REPORT TO COUNCIL

SUBJECT
Action on Resolution Establishing the Political Campaign Voluntary Expenditure Limit and Campaign Contribution Limits for the November 3, 2026, Municipal Election; Information on Levine Act (SB1439) Requirements

BACKGROUND
The City of Santa Clara Political Campaign Finance Reform Act (the "Act"), codified in Chapter 2.130 of the Santa Clara City Code, established an initial limit for a candidate's voluntary campaign expenditures of $25,000 for the November 2000 City election. The Act contains a cost-of-living adjustment using the index from the U.S. Department of Labor, Bureau of Consumers (CPI-U), San Francisco, Oakland, San Jose subgroup - all items ("CPI"), to be adjusted on an annual basis.

The Act also contains individual campaign contribution limits that were originally established at $500 for candidates who accepted the voluntary expenditure limit and $250 for those who did not. In 2014, the Act was amended to require that the applicable contribution limits also be adjusted by the CPI on an annual basis, rounded to the nearest ten-dollar figure.

The Act was amended in May 2018 to increase transparency for the voters of Santa Clara by creating specific disclosure requirements for “dark money” campaign contributions to independent political organizations not controlled by candidates. The Act now includes mandatory disclosure of all contributions of one hundred dollars ($100) or more to any organization that makes expenditures that affect or are intended to affect a local Santa Clara election to City office or for or against a local Santa Clara ballot measure. Contributions must be reported in the same manner as campaign contributions are required to be reported under SCCC 2.130.280
<http://www.codepublishing.com/CA/SantaClara/>.

DISCUSSION
Pursuant to City Code Section 2.130.050, the Council must adjust the contribution limits by Resolution. Accordingly, the attached Resolution has been prepared accounting for the annual cost- of-living adjustments applicable to the expenditure limit for the upcoming 2026 November General Municipal Election, which shall be set at $55,890 for city-wide based contests and $29,590 for district -based contests. Similarly, CPI adjustments were calculated for the individual campaign contributions. For candidates who accept the voluntary expenditure limit, the limit on individual campaign contributions shall be $760; and for candidates who do not accept the voluntary expenditure limit, the limit on individual campaign contributions shall be $380.

The Finance Department staff reviewed the annual changes in CPI since 2014, when the Act was amended to require that the applicable contribution limits be adjusted annually by the CPI, rounded to the nearest ten-dollar figure. The average annual CPI increase over this period was 3.8%.

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26-148 Agenda Date: 4/7/2026
Pursuant to City Code section 2.130.050, the last day a campaign contribution may be deposited shall be eleven (11) calendar days before the election date (i.e., a Tuesday, November 3rd election date would make Friday, October 23rd the last day to deposit a contribution) and the last day a payment for campaign expenses may be made shall be the last day of the month following the election month (i.e., a November election would require that all campaign expenses be paid by December 31st - the last day of the month following the election month).

SB 1439 Levine Act Requirements
Candidates running in the 2026 municipal election should be aware of Senate Bill 1430 also known as the Levine Act that was passed by the California Legislature in 2022. This bill amended California Gov’t Code Section 84308 of the Political Reform Act (“the Act”). Prior to January 1, 2023, Section 84308 only applied to appointed officials, but it has been broadened to include members that are directly elected by voters, including local elected officials.

Section 84308 is a California law aimed at preventing “pay-to-play” practices, in part, by prohibiting parties, participants, and their respective agents in a proceeding involving a license, permit, or other entitlement for use (collectively referenced as an “entitlement for use proceeding” or “proceeding”) from contributing more than $500 to an officer of the agency the proceeding is before during a 12- month period. An officer is similarly prohibited from accepting, soliciting or directing such a contribution. The prohibition on contributions applies to any 12-month period while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding.

Under Section 84308, the officer of an agency is required to disclose any contribution exceeding an aggregate $500 that a party or any participant has made to them within the 12 months preceding the proceeding. Further, the officer of an agency may not make, participate in making, or in any way attempt to use their official position to influence the decision in the proceeding pending before the agency if the officer has received a contribution of more than $500 within the preceding 12 months from a party, or a party’s agent. An officer of an agency is similarly prohibited from taking part in a proceeding if the officer received a contribution of more than $500 within the preceding 12 months from a participant, or participant’s agency, if the officer knows or has reason to know that the participant has a financial interest in the decision.

Candidates and Elected Officials should become aware of these rules and their responsibilities as they solicit campaign contributions during this election period. A supplemental information Memorandum from the City Attorney’s Office regarding Levine Act requirements and compliance guidelines is attached to this report. The City Clerk’s Office will also be updating its web page with more information on the Levine Act requirements.

FISCAL IMPACT
There is no cost associated with this action other than staff time and expense.

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26-148 Agenda Date: 4/7/2026

COORDINATION
This report was prepared in coordination with the Finance Department and City Attorney’s Office.

RECOMMENDATION
Adopt a Resolution establishing the Political Campaign Voluntary Expenditure Limit and Campaign Contribution Limit for the November 3, 2026 General Municipal Election with:

1. The voluntary expenditure limit based on CPI adjustments set to $55,890 for city-wide contests and $29,590 for district-based contests; and

2. The individual campaign contributions based on CPI adjustments set to $760 for candidates who accept the voluntary expenditure limit and $380 for candidates who do not accept the voluntary expenditure limit.

Prepared by Nora Pimentel, Assistant City Clerk
Reviewed by Kenn Lee, Finance Director
Reviewed by Glen Googins, City Attorney
Approved by Bob O’Keefe, City Clerk

ATTACHMENTS

1. Resolution

2. Memorandum from the City Attorney’s Office Regarding Levine Act Requirements and Compliance Guidelines
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Resolution/Campaign Contribution Limits Page 1 of 2
Rev: 11/22/17
RESOLUTION NO.

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

ESTABLISHING THE POLITICAL CAMPAIGN VOLUNTARY

EXPENDITURE LIMIT AND THE CAMPAIGN CONTRIBUTION
LIMIT FOR THE NOVEMBER 5, 2026 GENERAL MUNICIPAL

ELECTION

BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, Chapter 2.130 (Political Campaign Finance Reform Act) of "The Code of the City of Santa Clara, California" (City Code) contains provisions (i) limiting the expenditure of campaign funds by the candidates and (ii) controlling the campaign contributions to candidates for elective office in the City of Santa Clara;
WHEREAS, Section 2.130.160 (Candidate acceptance or rejection of expenditure limits) of the City Code provided for an initial voluntary expenditure limit of $25,000, but further provided that the $25,000 limit was to be adjusted for the cost of living prior to each election. The expenditure limit was last adjusted to $48,290 by the City Council on April 9, 2024; WHEREAS, Section 2.130.050 (Limits on contributions from persons) of the City Code provided for an initial individual contribution limit of $500 from any candidate that accepted the voluntary expenditure limit and $250 for any candidate that did not. The contribution limit was last adjusted to $660 and $320, respectively; and
WHEREAS, contribution limits established by City Code shall be adjusted on an annual basis by a percentage equal to the Consumer Price Index for All Urban Consumers for the San Francisco Bay Area (CPI).

NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. City Council sets the voluntary expenditure limit for the November 3, 2026 General Municipal Election to $55,890 for citywide based contests and $29,590 for district based contests.

3. City Council sets the individual campaign contributions based on CPI adjustments as Resolution/Campaign Contribution Limits Page 2 of 2
Rev: 11/22/17
follows:
• $760 for candidates who accept the voluntary expenditure limit • $380 for candidates who do not accept the voluntary expenditure limit

4. The political campaign voluntary expenditure limit and campaign contribution limits established by Resolution No. 24-9314 (adopted April 9, 2024) are hereby repealed.

5. Effective date. This resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 7th DAY OF APRIL 2026, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________
Bob O’Keefe

CITY CLERK

City Attorney’s Office
Memorandum

Date: April 7, 2026
To: Honorable Mayor and Council Members
From: Glen R. Googins, City Attorney
Marguerite M. Malloy, Assistant City Attorney
Subject: Senate Bill 1243 Amending the Levine Act– Campaign Contributions of Greater Than $500 May Present Conflicts of Interest Requiring Disclosure, Recusal or, in Certain Circumstances, Return of the Contribution

The Council “Election Cycle” allowing for campaign contributions is set to begin on May 1, 2026. The purpose of this memorandum is to provide information regarding changes to conflict-of-interest laws governing campaign contributions that apply to City Councilmembers. The revisions to the law, commonly known as the “Levine Act,” make campaign contributions of greater than $500, up from $250 in 2024, received or solicited by local elected officials “financial interests” for conflict-of-interest purposes.

Details of the amendments to the Levine Act are provided below. For all potential candidates who may be active in the upcoming Election Cycle, some practical tips are also provided to help you track campaign contributions at issue and facilitate compliance with the Act’s disclosure and recusal requirements.

1. Prohibitions on Receipt of Campaign Contribution from a Party or Participant in Excess of $500 Where a Related Action is Pending

A. General Rule.

Beginning January 1, 2025, local elected officials may not accept, solicit, or direct contributions of more than $500 from a party or participant, or agent thereof, (“Contributing Party”) where such Contributing Party has proceeding for approval of a license, permit, contract or other entitlement before such local officials as decision makers. This prohibition continues for 12 months following the date of the final decision in the proceeding, and applies whether the local elected official accepted, solicited, or directed the contribution on such official’s own behalf, or on behalf of any other official, or on behalf of any candidate for office or on behalf of any committee.

Re: Senate Bill 1243 – Campaign Contributions and Conflicts of Interest April 7, 2026

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City Council and Authorities ConcurrentApril 7, 2026

City Council and Authorities Concurrent
April 7, 2026