CITY OF SANTA CRUZ
809 Center Street
Santa Cruz, California 95060
CITY COUNCIL AGENDA
Regular Meeting – June 28, 2022
10:30 A.M. CLOSED SESSION, COUNCIL CHAMBERS/ZOOM
12:30 P.M. CONSENT, CONSENT PUBLIC HEARINGS AND GENERAL BUSINESS, COUNCIL
CHAMBERS/ZOOM
6:30 P.M. ORAL COMMUNICATIONS AND GENERAL BUSINESS, COUNCIL
CHAMBERS/ZOOM
IMPORTANT NOTICE:
Pursuant to California Government Code 54953(e)(1)(A) and (C), and the City of Santa Cruz’s resolution authorizing continued virtual participation in public meetings given the COVID-19 pandemic, meetings of the Santa Cruz City Council are being conducted with a hybrid format, providing both in-person and virtual participation in order to promote social distancing and protect the health and safety of attendees, staff, and Councilmembers.
In order to minimize exposure to COVID-19, the meeting may be viewed remotely, using any of the following sources:
Click on Zoom link (no time delay): https://zoom.us/j/94684401344 Online at http://www.cityofsantacruz.com/government/city-council/council-meetings Online at Watch – Community Television of Santa Cruz County Comcast Channel 25
Or: Call any of the numbers below. If one is busy, try the next one. 1-833-548-0276 (Toll Free)
1-833-548-0282 (Toll Free)
1-877-853-5247 (Toll Free)
1-669-900-9128
Enter the meeting ID number: 946 8440 1344
When prompted for a Participant ID, press #.
Press *9 on your phone to “raise your hand” when the Mayor calls for public comment. It will be your turn to speak when the Mayor calls on you. Press *6 to unmute yourself.
The timer will then be set to 2 minutes.
Correspondence to be included in the agenda packet must be received by 5:00 pm on Monday, June 27th.
June 28, 2022 City Council 2
PLEASE NOTE:
Requests for extra speaking time on items other than Oral Communications must be made by 5:00 p.m. on Sunday, June 26th by emailing the Mayor and the City Clerk.
Approval will be confirmed via email.
[email protected] [email protected]
The City of Santa Cruz does not discriminate against persons with disabilities. Out of consideration for people with chemical sensitivities we ask that you attend fragrance free. Upon request, the agenda can be provided in a format to accommodate special needs. Additionally, if you wish to attend this public meeting and will require assistance such as an interpreter for American Sign Language, Spanish, or other special equipment, please call the City Clerk’s Department at 420-5030 at least five days in advance so that we can arrange for such special assistance, or email [email protected]. The CalRelay system number: 1-800-735-2922.
Si desea asistir a esta reunión pública y necesita ayuda - como un intérprete de lenguaje de señas americano, español u otro equipo especial - favor de llamar al Departamento de la Secretaría de la Ciudad al 420-5030 al menos cinco días antes para que podamos coordinar dicha asistencia especial o envié un correo electrónico a [email protected]. El número del sistema Cal-Relay es: 1-800-735-2922.
Closed Session
10:30 AM
Referral to Closed Session
1. City-owned Property Immediately Behind 412 Woodland Way (ED) Motion to refer to Closed Session for discussion regarding price of payment, terms, or both.
2. Firefish Restaurant, 25 Municipal Wharf - APN 007-341-01 (ED) Motion to refer to Closed Session for discussion regarding the renovation of 25 Municipal Wharf and a potential lease amendment for same.
June 28, 2022 City Council 3
Closed Session
3. Conference with Labor Negotiators (Government Code §54957.6) SEIU Temporary Employees
SEIU Service Employees
Mid Managers, OE3
Supervisors, OE3
Fire Management
Fire, IAFF
Police Management
Police Officers Association
Executives
City Negotiator - Lisa Murphy
4. Real Property Negotiations (Government Code §54956.8) 1) Property: Approximately 400 square feet of property at the edge of Derby Park immediately behind 412 Woodland Way
APN: 003-184-04 (Portion)
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Robin Bass
Under Negotiation: Price, terms of payment, or both
2) Property: 25 Municipal Wharf, Firefish Restaurant
APN: 007-341-01
Owner: Mark Gilbert
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Mark Gilbert Under Negotiation: Renovation of 25 Municipal Wharf and potential lease amendment for same.
5. Conference with Legal Counsel – Existing Litigation (Govt. Code §54956.9(d)(1))
303 Creative LLC, et al., v. Aubrey Elenis, et al.
Supreme Court of the United States Case No. 19-1413
(request for amicus support)
June 28, 2022 City Council 4
Closed Session (continued)
6. Conference with Legal Counsel - Anticipated Litigation (Government Code §54956.9(d)(4))
Initiation of litigation (one potential case)
June 28, 2022 City Council 5
City Council
12:30 PM
Call to Order
Roll Call
Presentations
7. Unified Animal Ordinance Update
8. Parks and Recreation Month
Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
Council Meeting Calendar
9. The City Council will review the meeting calendar attached to the agenda and revise it as necessary.
Council Memberships in City Groups and Outside Agencies
10. The Presiding Officer will provide Councilmembers with the opportunity to update Council on any external committee meetings that occurred since the last Council meeting.
June 28, 2022 City Council 6
Consent Agenda
11. Resolution Authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361 (CA)
Resolution authorizing legislative bodies of the City of Santa Cruz to continue the use of teleconferenced meetings pursuant to Assembly Bill 361.
12. Resolution Extending the Emergency Declaration in Connection with the COVID-19 Pandemic by Sixty (60) Days (CA)
Resolution extending by sixty days the Declaration of Emergency in connection with the COVID-19 pandemic.
13. Resolution Extending the Emergency Declaration in Connection with the CZU August Lightning Complex Fire by Sixty (60) Days (CA) Resolution extending by sixty days the Local Emergency Declaration in connection with the CZU August Lightning Complex Fire.
14. Minutes of the June 7, 2022 City Council Special Meeting (CC) Motion to accept as submitted.
15. Minutes of the June 14, 2022 Meeting of the City Council (CC) Motion to accept as submitted.
16. Amendment of Existing Contract with The Salvation Army for Expanded Shelter Operation at the National Guard Armory Site (CM) Motion to authorize and direct the City Manager to execute the amended contract, in a form approved by the City Attorney, with The Salvation Army for expanded shelter operations including 60 additional shelter beds at the Armory with existing homelessness response funds from the American Rescue Plan Act and State-provided $14 million for homelessness response in an amount not to exceed $3,870,273.39, which represents an increase of $1,727,345.39 from the previously approved $2,142,928 contract for The Salvation Army to operate at the Armory.
June 28, 2022 City Council 7
Consent Agenda (continued)
17. Designation of Voting Delegate and Alternate to Attend the League of California Cities (LOCC) Annual Conference Being Held in Long Beach September 7 - 9, 2022) (CN)
Motion to designate Mayor Brunner as the voting delegate, and Vice Mayor Watkins as the alternate in the event that the voting delegate is unavailable, to attend the League of California Cities Annual Conference in Long Beach.
18. Declaring 400 Square Feet of APN 003-184-04 Currently Included Within the Boundaries of Derby Park and Located Behind 412 Woodland Way, as Exempt Surplus Property Pursuant to the Surplus Lands Act (Cal.
Govt. Code § 54220, et seq.), and Approving the Transfer of the Property to the Owner of the Adjacent Property, 412 Woodland Way (ED)
Motion to:
1) Adopt a resolution declaring an approximately 400 square foot portion of a City-owned parcel designated in the records of the Santa Cruz County Assessor as APN-003-184-04 as exempt surplus property pursuant to the “Surplus Lands Act” (Cal. Govt. Code § 54220, et seq.); and
2) Approve the transfer of an approximately 400 square foot portion of APN 003-184-04 from the City to Robin Bass, owner of the contiguous property APN 003-184-15, known as 412 Woodland Way.
19. Pacific Station North Affordable Housing Transit-oriented Development Project Ground Lease Authorization for 902, 912, and 920 Pacific Avenue and 333 and 423 Front Street (ED)
Resolution authorizing the City Manager to enter into any lease(s) and related amendments or documents needed thereto of a nonsubstantive nature, in a form acceptable to the City Attorney, for real property located at 902, 912 and 920 Pacific Avenue and 333 and 423 Front Street (APNs 005-152-30, -31, -32, -33 and -05) between the City of Santa Cruz, Santa Cruz Metropolitan Transit District (METRO) and/or First Community Housing or its affiliate for the previously approved mixed-use affordable housing project on the subject site.
June 28, 2022 City Council 8
Consent Agenda (continued)
20. Use of AB 2162 Streamlining for Pacific Station North Affordable and Supportive Housing Project (PL/ED)
Resolution establishing a policy under California State Assembly Bill 2162 that authorizes a unit increase to a maximum of 140 units as a use by right for the Pacific Station North Affordable and Supportive Housing Project that was previously approved for 120 units as a use by right.
21. Pass Through Agreement with Volunteer Center of Santa Cruz County - Transportation Development Act (TDA) Claimant (FN)
Motion to:
1) Authorize and direct the City Manager to execute an agreement, in a form approved by the City Attorney, with Volunteer Center of Santa Cruz County, allowing the City to act as claimant for funds obtained from the Santa Cruz County Regional Transportation Commission (SCCRTC) for FY 2023; and
2) Authorize funding of $107,813 for FY 2023.
22. Pass-through Agreement with Community Bridges/Consolidated Transportation Services Agency (CTSA) / State Transit Assistance (STA) of Santa Cruz County - Transportation Development Act Claimant (FN) Motion to authorize and direct the City Manager to execute an agreement in a form approved by the City Attorney with Community Bridges / Consolidated Transportation Services Agency (CTSA) / State Transit Assistance (STA) to allow the City to act as claimant for funds obtained from the Santa Cruz County Regional Transportation Commission (SCCRTC) for FY 2023.
23. Proposition 4 Appropriations Limit Adjustment Factors (FN) Resolution approving the selection of the annual adjustment factors to be used in the calculation of the City’s Proposition 4 Appropriations Limit (GANN Limit) based on the adopted budget for FY 2023, with amendments thereto, if any.
June 28, 2022 City Council 9
Consent Agenda (continued)
24. Award Contract to Implement Cityworks, a Computerized Maintenance Management System (IT)
Motion authorizing the City Manager to execute contracts, in forms approved by the City Attorney, with Azteca Systems, LLC for licensing and maintenance of the Cityworks software, and with Centricity GIS to assist the City of Santa Cruz (City) with implementing Cityworks, a computerized maintenance management system (CMMS).
25. Award Contract for an Environmental Impact Report (EIR) for Ocean Place (908 Ocean Street) (PL)
Motion to award a contract to Kimley-Horn (Capitola, CA) for the preparation of an EIR for Ocean Place (908 Ocean Street) in the amount of $190,261, reject all other proposals, and authorize the City Manager to execute an agreement in a form approved by the City Attorney with Kimley-Horn for the preparation of an EIR for Ocean Place (908 Ocean Street).
26. Award Contract for Decking and Railing Rehabilitation on the Floating Walkway at Neary Lagoon (PR)
Award a contract to Cen-Con, Inc. for the Decking and Railing Rehabilitation on the Floating Walkway at Neary Lagoon in the amount of $407,257.40 and authorize the City Manager to execute an agreement in a form approved by the City Attorney with Cen-Con, Inc.
27. Award Contract for Consulting Engineering Services for Wastewater Treatment Facility Capital Improvement Projects (PW)
Motion to award a contract to Brown and Caldwell (San Jose, CA) for Consulting Engineering Services for Wastewater Treatment Facility Capital Investment Projects in the amount of $3,280,000 and reject all other proposals. The City Manager is hereby authorized and directed to execute the contract in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved project budgets.
June 28, 2022 City Council 10
Consent Agenda (continued)
28. Contract Renewal with Hope Services, Inc. for the Resource Recovery Facility (PW)
Motion to authorize and direct the City Manager to execute renewal of an agreement with Hope Services, Inc., (Santa Cruz, CA), in a form approved by the City Attorney, for recycling and litter control services at the City’s Resource Recovery Facility on Dimeo Lane.
29. Purchase of Side Loader Refuse Truck (PW)
Motion authorizing the purchase of one dual commodity side loader refuse truck in the amount of $440,000 from TEC of California (Oakland, CA).
30. Recycling Center Concrete Floor Upgrade 2022 (c401811) – Advertise for Bids and Award Contract (PW)
Motion to approve the plans and specifications for the Recycling Center Concrete Floor Upgrade 2022 (c401811) and authorize staff to advertise for bids and award the contract. The City Manager is hereby authorized and directed to execute the contract in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved budget.
31. Lincoln Property Group, BOZ SC Riverfront LLC (508 Front Street) – Approve Parcel Map (PW)
Resolution to approve the Parcel Map for Lincoln Property Group, BOZ SC Riverfront LLC. Subdivision (508 Front Street), and authorize the City Manager to execute the Subdivision Agreement in a form approved by the City Attorney.
32. Housing Matters Hygiene Bay Remodel Project (c102205) – Bid Protest and Award of Contract (PW)
Motion to overrule the May 25, 2022 bid protest submitted by CRW Industries (Scotts Valley, CA) and to award the Housing Matters Hygiene Bay Remodel Project (c102205) to Selden & Son (Watsonville, CA) or reject all bids.
June 28, 2022 City Council 11
Consent Agenda (continued)
33. Cell 3B Development Project (c401909) – Consultant Contract Amendment No. 5 (PW)
Motion to approve Contract Amendment No. 5 with Tetra Tech BAS for additional construction management services for the Landfill Cell 3B Development Project (c401909) in the amount of $132,000 and authorize the City Manager to execute the amendment in a form approved by the City Attorney.
34. Trevethan Ave Storm/Sewer Project – Phase I (c401307, c401810) – Notice of Completion (PW)
Motion to accept the work of Devaney Engineering, Inc. (San Francisco, CA) and authorize the filling of the Notice of Completion for the Trevethan Ave Storm/Sewer Project – Phase I (c401307, c401810).
35. Regional Drought Resiliency Project - Implementation Construction Agreement - Budget Adjustment (WT)
Motion to:
1) Adopt a resolution amending the FY 2022 budget to transfer $1,000,000 within the Water Department's capital budget from the Newell Creek Dam Inlet/Outlet Replacement to a new project for Intertie 1: Santa Cruz – Scotts Valley to be reimbursed through the Multi-Benefit Drought Relief grant program; and
2) Authorize the City Manager to execute an Implementation Construction Agreement, in a form to be approved by the City Attorney, between the City of Santa Cruz and Scotts Valley Water District to implement the grant-funded Regional Drought Resiliency Project.
June 28, 2022 City Council 12
Consent Agenda (continued)
36. Program Management Services For Water System Capital Investment Program (WT)
Motion to:
1) Authorize the City Manager to renew a Master Services Agreement, in a form to be approved by the City Attorney, with HDR (Walnut Creek, CA) for Program Management Services for a five-year period; and
2) Authorize the City Manager to execute Contract Amendment No. 2023-01, in a form to be approved by the City Attorney, with HDR for Service Order No. 8 in the amount of $6,747,350.
37. Santa Cruz Anadromous Salmonids Habitat Conservation Plan: ASHCPFirst Amendment to the Master Services Agreement with Dudek for Environmental Compliance (WT)
Motion authorizing the City Manager to execute ASHCP-First Amendment to the Master Services Agreement, in a form approved by the City Attorney, for state and federal environmental compliance for the Santa Cruz Anadromous Salmonids Habitat Conservation Plan with Dudek (Santa Cruz, CA) in the amount of $307,050.
End Consent Agenda
June 28, 2022 City Council 13
Consent Public Hearings
38. Second Amendment of the 555 Pacific Avenue Apartments Development Agreement (ED/PL)
Motion to:
1) Introduce for publication an ordinance approving the second amendment of the development agreement between Green Valley Corporation and the City of Santa Cruz for 94 residential condominiums and 4,680 square feet of commercial space within four separate tenant spaces fronting on Pacific Avenue at 555 Pacific Avenue; and 2) Approve terms for the second amendment of the 555 Pacific Avenue Apartments Development Agreement and authorize the City Manager to execute the amendment and related documents in a form to be approved by the City Attorney for the purpose of converting 94 Small Ownership Units (SOUs) to a 100% rental project subject to the City’s current inclusionary requirement of 20% in perpetuity.
39. SitelogiQ Comprehensive Energy Solutions Program – Facility Solutions Agreement (PW)
Motion to:
1) Adopt a resolution to execute a Facility Solutions Agreement with SitelogiQ (Sacramento, CA) for the implementation of certain energyrelated improvements to City of Santa Cruz facilities; and 2) Adopt a resolution to apply and accept funding for the California Energy Commission ECAA loan program of up to $3,000,000; and 3) Apply and accept funding for a tax-exempt municipal lease loan of up to $3,500,000; and
4) Direct the City Manager to execute the contract in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved project budgets.
June 28, 2022 City Council 14
General Business
Please note – Public Comment:
Group requests for extra speaking time must be emailed to the City Clerk and Mayor Brunner by 5:00 p.m. on Sunday, June 26th. Your request will be confirmed via email.
[email protected] [email protected]
Public comment will be limited to no more than a total of 30 minutes. Each speaker will have 2 minutes.
40. Collective of Results and Evidence-based (CORE) Final Award Recommendations (CM)
Motion to:
1. Approve FY 2023 Collective of Results and Evidence-based (CORE) Investments Request for Proposals final recommended awards in Attachment “List of Recommended Awards” and direct staff to work with Santa Cruz County (County) to execute agreements per the City - County Memorandum of Understanding (MOU) approved on June 7, 2022, for all final recommended awards prior to September 30, 2022; and
2. Approve three months of transition funding for all FY 2022 CORE programs that applied for and were not recommended for funding in FY 2023, so that, according to the MOU and amended per this direction, the County can pay the full 3-month transition contract award amounts prior to the agreements being finalized; and
3. Direct staff to return, with the County Human Services Department (HSD), with a report of all agreements executed, as well as any agreements with a revised dollar amount or where negotiations exceeded the September 30, 2022 deadline; and
4. Direct staff to return, with County HSD, on or before December 13, 2022, with an update on the 3-month transition funding, the newly established contracts and performance tracking mechanisms, efforts to explore other funding sources for current CORE-funded agencies not being recommended for award, and progress on the lessons learned review of the request for proposal (RFP) process.
June 28, 2022 City Council 15
General Business
41. Resolution Ordering an Election, Requesting the County to Conduct the Election, and Requesting Consolidation of the Election to be Held on November 8, 2022 (CC)
Motion to:
1) Receive the fiscal impact report, ordered per Elections Code 9212, for the Empty Home Tax initiative petition; and
2) Accept the certificate of verification of signatures for two initiative petitions; and
3) Amend the May 24, 2022 Council direction related to a report on the impacts of the Our Downtown, Our Future initiative; and 4) Adopt a resolution ordering an election to be held on November 8, 2022 and consolidating the election for the purpose of adding two measures to the ballot: Empty Home Tax and Our Downtown, Our Future.
Recess - The City Council will recess to the 6:30 p.m. session.
June 28, 2022 City Council 16
City Council
6:30 PM
Call to Order
Roll Call
Oral Communications Announcement – Community members may address the Council for two minutes or less about any matter not on the agenda. 30 minutes is allocated for Oral Communications. No extra time for groups will be granted.
Oral Communications
General Business
42. Pogonip Open Space - Pogonip Master Plan Amendment Process for Homeless Garden Project’s Farm and Garden in Upper Main Meadow and Contamination and Clean-up Feasibility Update in Lower Main Meadow (PR)
Receive an update and provide directions on 1) the planning process to relocate the Homeless Garden Project’s Farm and Garden to the Upper Main Meadow, Pogonip Open Space; and 2) the feasibility analysis for cleaning up the contamination to allow for farming to occur in the Lower Main Meadow, Pogonip Open Space.
Adjournment
June 28, 2022 City Council 17
INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS ADDENDUM TO CITY COUNCIL AGENDA – JUNE 28, 2022
43. Human Resources Department: CitySERVE Volunteer Program Quarterly Report (3rd Quarter FY22) - 6/9/22 (HRFYI 044)
44. Finance Department: Portfolio Management Report – Pooled Cash and Investments as of May 31, 2022 - 6/13/22 (FNFYI 356)
MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – JUNE 28, 2022
45. Proclaiming June 15, 2022 as “World Elder Abuse Awareness Day” and the month of June 2022 as “Elder Abuse Awareness Month” and encouraging all citizens to join in this observance, supporting our elders, and voicing opposition to any form of abuse.
46. Proclaiming Thursday, June 30, 2022 as “Andy Werner Day” and encouraging all citizens and his coworkers to join in expressing heartfelt appreciation for his numerous contributions and years of service to the City of Santa Cruz and its citizens and wishing him well in his retirement.
47. Proclaiming June 25, 2022 as “Santa Cruz Woodies and Woodies on the Wharf Day” and encouraging all citizens to join in celebrating Woodies on the Wharf as a locally beloved Santa Cruz event.
June 28, 2022 City Council 18
Advisory Body Appointments
The following positions are vacant. Council will make the appointments at a future meeting.
Transportation and Public Works Commission One Opening
Public Hearing
If, in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing.
Any person seeking to challenge a City Council decision made as a result of a proceeding in which, by law, a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action either 60 days or 90 days following the date on which the decision becomes final as provided in Code of Civil Procedure Section 1094.6 Please refer to code of Civil Procedure 1094.6 to determine how to calculate when a decision becomes “final.” The 60-day rule applies to all public hearings conducted pursuant to the City’s Zoning Ordinance, Title 24, Santa Cruz Municipal Code. The 90-day rule applies to all other public hearings.
City Council Agenda Legislative History Addendum
No information was submitted.
City staff is responsible for providing the City Clerk with such documentation and information for the Legislative History Addendum. The information will be on file in the City Clerk’s Department.
The Addendum is a listing of information specific to City Council business, but which does not appear on a Council meeting agenda. Such entities would include, but not be limited to: Court decisions, Coastal Commission Appeals of City Council actions, Closed Session Agreements/Settlements, which are public record, Association of Monterey Bay Area Governments, Local Agency Formation Commission. 1 Rosemary Balsley
From: Jennie Munster
Sent: Friday, June 24, 2022 1:07 PM
To: City Council; Sonja Brunner; Martine Watkins; Sandy Brown; Justin Cummings; Renee Golder; Shebreh Kalantari-Johnson; Donna Meyers
Cc: Iseth A. Rae; Daniel Lawson-Thomas; Armando Deloera; [email protected] Subject: OE3 Supervisors
Santa Cruz Mayor and Council Members
As representatives of the OE3 Supervisory union, city residents and city employees we wanted to reach out to you, our elected council members, once again before your July recess. We have felt heard during our individual meetings with you in that you understand the work load and frustrations our unit feels. You understand that we are undervalued and are expected to cover for those we supervise in SEIU and those who supervise us in MidManagement, yet we have the worse compensation package of the three units. This was heightened during the recent compensation study, that not only are we poorly compensated for the work we do compared to those we call our co-workers but regionally we are, on average, 10.6% below market value.
As you consider the proposal the City’s bargaining team brings for your approval please remember that the City’s employees are the number one resource of the City and should not be considered as an afterthought in the budget. We are tired of being thrown scraps after the budget is approved and of the constant scare tactics of the upcoming recessions. We have seen loss of revenue to the city and we have conceded benefits and gone on furloughs so that our city can recover, what isn’t recovering is our compensation. We spend a ridiculous amount of time bargaining over trivial amounts of money, further emphasizing what little the city thinks of their employees. When dedicated employees who work beyond their scope of work at all hours of the day and week ask for an increase of less than 1% of the yearly general fund revenue we can’t see how the City can say no.
Jennie Munster
President, OE3 Supervisors
831‐420‐6040 (Office)
3.1 1
Rosemary Balsley
From: Anne Hogan
Sent: Monday, June 27, 2022 4:24 PM
To: City Council
Subject: In Support of OE3 Mid Managers Association
Dear City Council,
As the City acknowledges, the bargaining unit requests from the OE3 Mid‐Management Association for 5% COLA and SDI have been modest.
SDI for all current management employees costs the City less than a $1,500 bonus budgeted at 100% management FTE positions. SDI cost to benefit ratio is significant. Last bargaining period, the City provided City‐paid SDI to SEIU employees without a reduction in COLA. The City did not provide this benefit to MMA employees. SDI and COLA are permanent benefits. They will attract and retain a qualified professional work force that wants to remain and raise families in Santa Cruz.
I am asking City Council to approve a 4.5% COLA with SDI benefits for OE3 Managers bargaining unit. I offer agreement to the City proposal for a two year contract with a 3% COLA in the second year and a “me too” clause in the entire contract.
A successfully negotiated Managers contract with these provisions will benefit Managers and the City and will encourage other bargaining groups to successfully conclude their negotiations.
Respectfully,
Anne Hogan, PE
Wastewater System Manager
City of Santa Cruz Wastewater Treatment Facility
110 California Street, Santa Cruz, CA 95060 / (831) 420‐5425
3.2 Meeting Type
Holiday
Jewish Holiday
Regular Meeting
Special Meeting
Study Session (will be added as scheduled)
Budget Hearing
DATE Location Meeting Type
July 4
Council Chambers/Zoom Closed Session ‐ Closed to the Public Council Chambers/Zoom Council Regular Meeting ‐ Open to the Public Council Chambers/Zoom Closed Session ‐ Closed to the Public Council Chambers/Zoom Council Regular Meeting ‐ Open to the Public September 5
Council Chambers/Zoom Closed Session ‐ Closed to the Public Council Chambers/Zoom Council Regular Meeting ‐ Open to the Public September 25/26
Council Chambers/Zoom Closed Session ‐ Closed to the Public Council Chambers/Zoom Council Regular Meeting ‐ Open to the Public October 4/5
Council Chambers/Zoom Closed Session ‐ Closed to the Public Council Chambers/Zoom Council Regular Meeting ‐ Open to the Public Council Chambers/Zoom Closed Session ‐ Closed to the Public Council Chambers/Zoom Council Regular Meeting ‐ Open to the Public Council Chambers/Zoom Closed Session ‐ Closed to the Public Council Chambers/Zoom Council Regular Meeting ‐ Open to the Public November 11
Council Chambers/Zoom Closed Session ‐ Closed to the Public Council Chambers/Zoom Council Regular Meeting ‐ Open to the Public November 24
November 25
December 18/19
Council Chambers/Zoom Closed Session ‐ Closed to the Public Council Chambers/Zoom Council Regular Meeting ‐ Open to the Public December 25
City Council Meeting Calendar for 2022
November 22
December 13
City Hall Closure ‐ Thanksgiving Day
City Hall Closure ‐ Day After Thanksgiving Day
September 13
September 27
Please note: Meeting times are not final and are likely to change City Hall Closure ‐ Independence Day
City Hall Closure ‐ Labor Day
August 23
July 12 and 26 Meetings Cancelled ‐ CITY COUNCIL DARK
August 9
December 27 Meeting Cancelled ‐ CITY COUNCIL DARK
City Hall Closure ‐ Christmas Day
Hanukkah (City observed ‐ sundown to sundown)
Yom Kippur (City observed ‐ sundown to sundown)
Rosh Hashanah (City observed ‐ sundown to sundown)
November 8
October 11
October 25
City Hall Closure ‐ Veteran's Day (observed)
9.1 Council Membership in City Groups and Outside Agencies (2022) – Updated May 24, 2022 (LAFCO City-seat term ended in May) Councilmembers may provide direction, request additional information or that a topic raised be agendized for future Council action. The Presiding Officer may request oral updates from Council Ad Hoc Committees.
City Council Standing Committees Councilmember Assigned Staff Community Programs Watkins, Brown, Kalantari-Johnson Tiffany Wise-West Public Safety Watkins, Golder, Cummings Patricia Dodge
City Council Ad Hoc Committees Councilmember Assigned Staff Council Ad Hoc Budget and Revenue Committee Brown, Watkins, Brunner Laura Schmidt Oversized Vehicles Ordinance Ad Hoc Committee Golder, Kalantari-Johnson, Brunner Brian Borguno Charter Amendment Committee Meyers, Golder, Watkins
Beach Flats Parking Subcommittee Cummings, Brown, Brunner Brian Borguno Health in All Policies Committee Brunner, Kalantari-Johnson, Watkins Tiffany Wise-West External Governmental Agencies/ Intergovernmental
Coordinating Committees Councilmember Assigned Staff
Association of Monterey Bay Area Governments
(AMBAG)
Cummings, Brown (alternate) Lee Butler
City–Santa Cruz City Schools Committee Watkins, Golder, Kalantari-Johnson Tony Elliot City Select Committee Brunner Matt Huffaker
Library Financing Authority Brunner, Watkins (alternate) Matt Huffaker Homelessness 2x2 Committee Watkins, Brunner Lee Butler
Monterey Bay Air Resources District (City Nominee) Brown Tiffany Wise-West Central Coast Community Energy Policy Board
Central Coast Community Energy Operations Board
Meyers, Brunner (alternate)
Mark Dettle, Tiffany Wise-West (alternate)
Mark Dettle
Santa Cruz County Integrated Waste Management Local
Task Force
Golder, Cummings (alternate)
Bob Nelson, Leslie
O’Malley (staff
alternate)
Santa Cruz County Consolidated Redevelopment
Successor Agency Oversight Board
Meyers Bonnie Lipscomb
Santa Cruz Metropolitan Transit District Board (METRO) Meyers, Kalantari-Johnson Claire Gallogly Santa Cruz County Regional Transportation
Commission (RTC)
Brown, Golder (alternate) Nathan Nguyen
Claire Gallogly
(alternate)
Santa Cruz Mid-County Groundwater Agency Councilmember Meyers, Water Commissioner David Baskin, Water Commissioner Doug Engfer (alternate)
Rosemary Menard
10.1 External Governmental Agencies/ Intergovernmental
Coordinating Committees Councilmember Assigned Staff
Santa Margarita Groundwater Agency Water Commissioner Doug Engfer, Former Water Commissioner David Baskin (citizen alternate)
Rosemary Menard
Joint Powers Authorities/City Groups Staff Appointments Agency Contact Information Santa Cruz County Animal Services
Authority
Laura Schmidt, Bernie Escalante Santa Cruz County Animal Services Authority 2200 7th Avenue
Santa Cruz, CA 95062
https://www.scanimalshelter.org/
Santa Cruz Public Libraries Matt Huffaker Santa Cruz Public Libraries 117 Union Street
Santa Cruz, CA 95060
https://www.santacruzpl.org/
Santa Cruz Regional 9-1-1 Laura Schmidt Santa Cruz Regional 9-1-1 495 Upper Park Rd.
Santa Cruz, CA 95065
(831) 471-1000
External Community Organizations Councilmember/Staff Agency Contact Information Area Agency on Aging (AAA) Advisory
Council
Brown, Brunner (Council alternate), Rita
Hester (citizen alternate)
Seniors Council, Clay Kempf
234 Santa Cruz Ave.
Aptos, CA 95003
Phone: (831) 688-0400
Climate Action Task Force Cummings, Dr. Tiffany Wise-West (staff) Dr. Tiffany Wise-West [email protected]
Cowell Working Group Meyers, Tony Elliot (staff) CWG Facilitated by Save the Waves Criminal Justice Council Cummings, Kalantari-Johnson (alternate), Bernie Escalante
Criminal Justice Council of Santa Cruz County
[email protected]
Downtown Management Corporation Meyers, Cummings, Bonnie Lipscomb (staff) Downtown Management Corporation [email protected]
337 Locust Street,
Santa Cruz, CA 95060
Santa Cruz County Youth Action Network
Kalantari-Johnson
[email protected]
United Way of Santa Cruz County
4450 Capitola Rd, Ste 106
Capitola, CA 95010
Santa Cruz Community Farmers’ Market Watkins, Brunner (alternate) Bonnie Lipscomb (staff)
Mr. Nesh Dillon Executive Director SCCFM
P.O. Box 8189
Santa Cruz, CA 95061
Visit Santa Cruz County Watkins, Brunner, Bonnie Lipscomb (staff) Visit Santa Cruz County 303 Water Street, Suite 100
Santa Cruz, CA 95060
800-833-3494 or 831-425-1234
Community Action Board (CAB) Kalantari-Johnson, Eve Bertram, UCSC Professor (alternate)
Community Action Board of Santa Cruz
County, Inc.
406 Main St. STE 207
Watsonville, CA 95076
831-763-2147
10.2 City Council
AGENDA REPORT
DATE: 06/16/2022
AGENDA OF: 06/28/2022
DEPARTMENT: City Attorney
SUBJECT: Resolution Authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361 (CA)
RECOMMENDATION: Resolution authorizing legislative bodies of the City of Santa Cruz to continue the use of teleconferenced meetings pursuant to Assembly Bill 361.
BACKGROUND: On March 4, 2020, Governor Newsom issued a proclamation of State of Emergency in response to the developing COVID-19 pandemic. Due to the continued spread of the virus, the Governor issued Executive Order N-29-20 on March 17, 2020, which included a provision authorizing suspensions to the Ralph M. Brown Act’s (“Brown Act”) teleconferencing rules in order to facilitate virtual meetings while public health orders were in place.
On June 11, 2021, the Governor issued Executive Order N-08-21, which provided that the Brown Act teleconferencing suspensions would expire after September 30, 2021. On September 16, 2021, the Governor signed Assembly Bill 361 (“AB 361”), an urgency measure taking effect immediately, which amended the Brown Act to allow local legislative bodies to continue using teleconferencing and virtual meeting technology provided certain conditions are met.
DISCUSSION: AB 361 allows for teleconferenced meetings during a declared State of Emergency, as defined under the California Emergency Services Act, if one of the following circumstances apply: (1) State or local officials have imposed or recommended measures to promote social distancing; (2) The legislative body is meeting to determine whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees; or (3) The legislative body has determined that, as a result of the emergency, meeting in person presents imminent risks to the health or safety of attendees.1 The Governor’s March 4, 2020 proclamation of State of Emergency is still in effect. Measures continue to exist that impose and recommend measures to promote social distancing. The California Department of Public Health (“CDPH”) requires that all individuals wear masks indoors in specific, high-risk settings.2 Further, the CDPH and the Santa Cruz County Health 1 Cal. Gov’t Code § 54953(e)(1)(A)-(C)
2 See CDPH, Guidance for the Use of Face Coverings (Updated April 20, 2022), https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/guidance-for-face-coverings.aspx.
11.1 Officer strongly recommend that all individuals continue to wear masks in indoor public settings.3
The highly transmissible omicron variant recently caused significant increases in positive cases and hospitalizations locally and throughout the State, demonstrating the unpredictable the nature of the pandemic and that transmission rates have the potential to rise quickly. Additionally, other variants of COVID-19 exist, and it is unknown at this time whether other variants may result in a new surge in COVID-19 cases. As such, holding meetings in person would present imminent risks to the health or safety of attendees due to the continued spread of COVID-19.
To continue teleconferenced meetings under AB 361, the City Council will need to declare every thirty (30) days that it has reconsidered the circumstances of the State of Emergency and either (1) the State of Emergency continues to directly impact the ability of the members to meet safely in person; or (2) State or local health officials continue to impose or recommend measures to promote social distancing.4
This declaration is needed for any use of teleconferenced meetings pursuant to AB 361, including for two City meeting models: (1) A City Council hybrid model that uses the City Council Chambers as an in person venue along with teleconference attendance; and (2) Continued use of teleconferencing for City Council and Brown Act City boards, commissions and committees.
At its regular meeting of October 12, 2021, the City Council adopted Resolution No. NS-29,877, authorizing legislative bodies of the City of Santa Cruz to continue using teleconferenced meetings pursuant to AB 361. At its regular meetings of November 9, 2021, November 23, December 14, 2021, January 11, 2022, February 8, 2022, March 8, 2022, March 22, 2022, April 12, 2022, May 10, 2022, May 24, 2022 and June 14, 2022, the City Council adopted Resolution Nos. NS-29,886, NS-29,894, NS-29,900, NS-29,915, NS-29,923, NS-29,933, NS-29,942, NS29,954, NS-29,975, NS-29,987, and NS 29,994, further authorizing legislative bodies of the City of Santa Cruz to continue using teleconferenced meetings pursuant to AB 361.
This Resolution would re-authorize the legislative bodies of the City of Santa Cruz to continue to use teleconferenced meetings for an additional thirty (30) days plus thirteen (13) days from the date of its adoption for a total of an additional forty-three (43) days. The additional thirteen days accounts for the City Council recess during the month of July to ensure the City Council’s resolution remains in effect to and including the Council’s August 9, 2022 meeting.
FISCAL IMPACT: None.
Prepared By:
Stephanie Duck
Deputy City Attorney
Submitted By:
Tony Condotti
City Attorney
Approved By:
Matt Huffaker
City Manager
3 See Press Release, Twelve Bay Area Health Officers to Life Most Indoor Mask Mandates on February 16 (Feb. 9, 2022), https://www.santacruzhealth.org/Portals/7/pdfs/Coronavirus/02.09.22%20ABAHO%20Masking_FINAL.pdf.
See also, BAY AREA HEALTH OFFICERS URGE PUBLIC TO TAKE PRECAUTIONS AS COVID LEVELS RISE (May 13, 2022),
https://www.santacruzhealth.org/Portals/7/pdfs/Coronavirus/ABAHOMaskRecommendationENG.05132022.pdf. 4 Cal. Gov’t Code § 54953(e)(3).
11.2 ATTACHMENTS:
1. RESOLUTION.DOCX
11.3 RESOLUTION NO. NS-XX,XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AUTHORIZING
THE CONTINUED USE OF TELECONFERENCED MEETINGS PURSUANT TO ASSEMBLY BILL 361
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency, as defined under the California Emergency Services Act, due to the COVID-19 pandemic; and WHEREAS, on March 17, 2020, due to the threat of COVID-19, Governor Newsom issued Executive Order N-29-20, which suspended certain requirements of Government Code section 54950 et seq., the Ralph M. Brown Act (“Brown Act”), in order to allow local legislative bodies to conduct meetings telephonically or electronically without a physical meeting place; and
WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which stated that the provision suspending requirements of the Brown Act in Executive Order N-29-20 would remain in effect through September 30, 2021, at which point the suspensions would expire; and
WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 361 into law, an urgency measure effective upon adoption, amending the Brown Act to allow legislative bodies to continue to meet remotely during a proclaimed State of Emergency, and either state or local officials have imposed or recommended measures to promote social distancing, or the legislative body determines that meeting in person would present imminent risks to the health or safety of attendees;
WHEREAS, on October 12, 2021, the City Council adopted Resolution No. NS-29, 877, making its initial finding that the requisite conditions exist for the legislative bodies of the City of Santa Cruz to conduct remote teleconference meetings; and WHEREAS, on November 9, 2021, November 23, 2021, December 14, 2021, January 11, 2022, February 8, 2022, March 8, 2022, March 22, 2022, April 12, 2022, May 10, 2022, May 24, 2022, and June 14, 2022, the City Council adopted Resolution Nos. NS-29,886, NS29,894, NS-29,900, NS-29,915, NS-29,923, NS-29,933, NS-29,942, NS-29,954, NS-29,975, NS-29,987, and NS-29,994, each making a subsequent finding that the requisite conditions exist for the legislative bodies of the City of Santa Cruz to conduct remote teleconference meetings; and
WHEREAS, as a condition of authorizing the continued use of teleconferenced meetings, the City Council must, every 30 days, reconsider the circumstances of the State of Emergency that exists in the City and the City Council has done so; and WHEREAS, the State of Emergency proclaimed by the Governor on March 4, 2020, remains in effect; and
11.4 2
WHEREAS, the California Department of Public Health and the Santa Cruz County Health Officer require that all individuals wear face coverings indoors in specified high-risk settings, and continue to strongly recommend that all individuals wear face coverings in indoor public settings; and
WHEREAS, the highly contagious omicron variant recently caused a significant increase in positive cases and hospitalizations locally and throughout the State of California, demonstrating the unpredictable nature of the pandemic, and that transmission rates have the potential to rise quickly; and
WHEREAS, other variants of COVID-19 exist, including an Omicron subvariant, BA.2, and it is unknown at this time whether this or other variants may result in a new surge in COVID-19 cases; and
WHEREAS, due to the continued impact of COVID-19, the City continues to be concerned about the health and safety of attendees at public meetings should they be held in person and in a shared indoor public meeting space, as such, the City Council desires to take the actions necessary to comply with AB 361 and to continue to hold its meetings remotely; WHEREAS, due to the City Council recess during the month of July, it is the intent of the Council that this Resolution remain in effect for forty-three (43) days until the Council’s August 9, 2022 meeting.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz (City Council) as follows:
A. The City Council hereby acknowledges that the Governor’s State of Emergency proclamation issued on March 4, 2020 remains in effect; and B. The City Council finds that due to the emergence of the omicron variant and the continued threat of COVID-19, holding in person meetings for the City Council, City Commissions, and City Committees continues to present imminent risks to the health or safety of attendees.
C. The legislative bodies of the City of Santa Cruz are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution, including continuing to conduct open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
D. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) forty-three days from the adoption of this Resolution, or (ii) such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of Santa Cruz may continue teleconferencing without compliance with the Brown Act’s prior rules regarding teleconferencing.
11.5 3
PASSED AND ADOPTED this 28th day of June, 2022 by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: ______________________________
Sonja Brunner, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
11.6 City Council
AGENDA REPORT
DATE: 06/13/2022
AGENDA OF: 06/28/2022
DEPARTMENT: City Attorney
SUBJECT: Resolution Extending the Emergency Declaration in Connection with the COVID-19 Pandemic by Sixty (60) Days (CA)
RECOMMENDATION: Resolution extending by sixty days the Declaration of Emergency in connection with the COVID-19 pandemic.
BACKGROUND: At its regular meeting of March 10, 2020, the City Council adopted Resolution No. NS-29,640 declaring a local health emergency in connection with the global COVID-19 pandemic. The Council’s action followed similar actions by California Governor Gavin Newsom on March 4, 2020, and by County of Santa Cruz Health Officer (CHO) Gail Newel on March 6, 2020. On March 16, 2020, the CHO issued a Public Health Order, requiring all Santa Cruz County residents to shelter in place to slow the spread of COVID-19 in the community, and requiring all businesses to cease operations, except for those deemed essential businesses.
On June 15, 2021, as a result of declining positive case counts and hospitalizations, the Governor rescinded a number of restrictions he had instituted to reduce the spread of COVID-19. The Governor did not, however, rescind the proclamation of the State of Emergency he issued on March 4, 2020. Shortly after the Governor rescinded the restrictions, positive cases and hospitalizations began to rise locally and across the state due to the emergence of the highly contagious delta variant. Another COVID-19 variant, known as the omicron variant, emerged in late 2021. The omicron variant quickly became the dominant variant in California and throughout the United States, and resulted in an increase in local COVID-19 cases and hospitalizations. Positive cases and hospitalizations continue to fluctuate, with variants of the virus demonstrating the nature of the pandemic is unpredictable and transmission rates have the potential to rise quickly. Further, other variants of COVID-19 exist, and it is unknown at this time whether such variants may result in a new surge in COVID-19 cases.
The Council has received updates at its regular meetings related to COVID-19 and has extended the March 10, 2020 declaration of local health emergency at its regular meetings of April 28, 2020, June 23, 2020, August 11, 2020, September 22, 2020, November 10, 2020, December 8, 2020, January 26, 2021, March 9, 2021, April 27, 2021, and June 22, 2021, by adopting Resolution Nos. NS-29,653, NS-29,677, NS-29,695, NS-29,714, NS-29,739, NS-29,749, NS29,766, NS-29,782, NS-29,802, and NS-29,839, at its special meeting of September 21, 2021 by adopting Resolution No. NS-29,873, at its regular meetings of November 9, 2021, December 14,
12.1 2021, February 8, 2022, March 22, 2022, and May 10, 2022, by adopting Resolution Nos. NS29,884, NS-29,898, NS-29,924, NS-29,941 and NS-29,973.
DISCUSSION: During a declared emergency the City Manager, acting as the City’s Emergency Services Director is empowered to take various actions in response to the emergency, including making and issuing “rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency” subject to ratification by the City Council “at the earliest practicable time.” The Resolution would extend the emergency declaration by sixty days from the date of its adoption, to August 27, 2022.
FISCAL IMPACT: Actions taken by the City during a declared emergency relating to the response and measures taken to slow the spread of the COVID-19 epidemic and mitigate the effects thereof on our community are potentially recoverable from Cal OES (California Governor’s Office of Emergency Services) and FEMA (Federal Emergency Management Agency). Accordingly, it is recommended that the Council extend the declaration of emergency as provided for herein until it has determined that conditions giving rise to the emergency have been abated.
Prepared By:
Stephanie Duck
Deputy City Attorney
Submitted By:
Tony Condotti
City Attorney
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. RESOLUTION.DOCX
12.2 RESOLUTION NO. NS-XX,XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ EXTENDING BY 60 DAYS THE DECLARATION OF EMERGENCY IN CONNECTION WITH THE COVID-19 PANDEMIC
WHEREAS, on March 4, 2020, Governor Gavin Newsom proclaimed a state of emergency to exist within the State of California due to the threat posed by COVID-19; and WHEREAS, on March 6, 2020, the County of Santa Cruz Health Officer ("Health Officer"), under her civil authority, declared a Local Health Emergency, finding an imminent and proximate threat to public health and welfare from the introduction of COVID-19 in the County of Santa Cruz; and
WHEREAS, on June 15, 2021, in response to declining COVID-19 case counts and hospitalizations, the Governor lifted a number of restrictions put in place to decrease the spread of COVID-19 during the initial progression of the pandemic, however, the Governor has not rescinded the March 4, 2020 proclamation of a state of emergency within the State of California; and
WHEREAS, despite initial progress made locally and within the state in addressing the pandemic, the emergence of the highly contagious omicron variant caused an increase in positive cases and hospitalizations locally and throughout the State of California; and WHEREAS, positive cases and hospitalizations continue to fluctuate with variants of the virus demonstrating the nature of the pandemic is unpredictable and transmission rates have the potential to rise quickly as the virus evolves; and
WHEREAS, in light of the current COVID-19 pandemic, the Santa Cruz City Council declared a local health emergency re COVID-19 by Resolution No. NS-29,640 on March 10, 2020, extended the emergency declaration by Resolution No. NS-29,653 adopted at its regular meeting of April 28, 2020, and further extended the emergency declaration by Resolution Nos. NS-29,677 on June 23, 2020, NS-29,695 on August 11, 2020, NS 29,714 on September 22, 2020, NS-29,739 on November 10, 2020, NS-29,749 on December 8, 2020, NS-29,766, on January 26, 2021, NS29,782, on March 9, 2021, NS-29,802 on April 27, 2021, and NS-29,839 on June 22, 2021, at its special meeting of September 21, 2021 by Resolution No. NS-29,873, at its regular meeting of November 9, 2021 by Resolution No. NS-29,884, and at its regular meeting of December 14, 2021 by Resolution No. NS-29-898, at its regular meeting of February 8, 2022 by Resolution No. NS29,924, at its regular meeting of March 22, 2022 by Resolution No. NS-29,941, and at its regular meeting of May 10, 2022 by Resolution No. NS-29,973, extending the Declaration of Emergency for another sixty days.
WHEREAS, under the California Emergency Services Act (Cal. Govt. Code § 8630, et seq.), upon declaration of a local emergency, the City Council must review the need for continuing the emergency declaration at least once every sixty (60) days until it terminates the local emergency; and
12.3 RESOLUTION NO. NS-XX,XXX
June 28, 2022
2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz (City Council) as follows:
A. That the City Council hereby declares that the local health emergency declaration adopted at its March 10, 2020 regular meeting by Resolution No. NS-29,640, extended at its April 28, 2020 regular meeting by Resolution No. NS-29,653, at its June 23, 2020 regular meeting by Resolution No. NS-29,677, at its August 11, 2020 regular meeting by Resolution No. NS-29,695, at its September 22, 2020 regular meeting by Resolution No. NS-19,714, at its November 10, 2020 regular meeting by Resolution No. NS-29,739, at its December 8, 2020 regular meeting by Resolution No. NS-29,749, at its January 26, 2021 regular meeting by Resolution No. NS-29,766, at its March 9, 2021 regular meeting by Resolution No. NS-29,782, at its April 27, 2021 regular meeting by Resolution No. NS-29,802, at its June 22, 2021 regular meeting by Resolution No. NS-29,839, at its September 21, 2021 special meeting by Resolution No. NS-29,873, at its November 9, 2021 regular meeting by Resolution No. NS-29, 884, at its December 14, 2021 regular meeting by Resolution No.
NS-29,898, at its February 8, 2022 regular meeting by Resolution No. NS-29,924, at its regular meeting of March 22, 2022 by Resolution No. NS-29,941, and at its regular meeting of May 10, 2022 by Resolution No. NS-29,973, shall be adopted and extended an additional sixty (60) days pursuant to California Government Code Section 8630, et seq., by this Resolution; and B. That this Resolution shall remain in full force and effect and shall thereafter terminate on the sixtieth (60th) day after its adoption, unless earlier terminated or further extended by subsequent City Council action.
PASSED AND ADOPTED this 28th day of June 2022, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: __________________________
Sonja Brunner, Mayor
ATTEST: ___________________________
Bonnie Bush, City Clerk Administrator
12.4 City Council
AGENDA REPORT
DATE: 06/13/2022
AGENDA OF: 06/28/2022
DEPARTMENT: City Attorney
SUBJECT: Resolution Extending the Emergency Declaration in Connection with the CZU August Lightning Complex Fire by Sixty (60) Days (CA) RECOMMENDATION: Resolution extending by sixty days the Local Emergency Declaration in Connection with the CZU August Lightning Complex Fire.
BACKGROUND: The CZU August Lightning Complex Fire that began on August 15, 2020, has caused unprecedented damage and destruction in areas of Santa Cruz and San Mateo Counties immediately north of the City of Santa Cruz, and currently constitutes a severe threat to portions of the City and vital City-owned infrastructure in areas of unincorporated Santa Cruz County.
DISCUSSION: Chapter 2.20 of the City of Santa Cruz Municipal Code, at Section 2.20.030, empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity or disaster, subject to confirmation by the City Council at the “earliest practicable time.” During the existence of such emergency, the Director of Emergency Services is also authorized, pursuant to Section 2.20.040(1), to “[m]ake and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency,” also subject to confirmation by the City Council “at the earliest practicable time.” In view of the facts and circumstances described above, on Friday, August 21, 2020, the City Manager declared the existence of a local emergency in the City of Santa Cruz. At its August 25, 2020 regular meeting, the City Council ratified the emergency declaration by Resolution No.
NS-29,704, and the Executive Orders issued pursuant thereto. At its October 27, 2020 regular meeting, the City Council adopted Resolution No. NS-29,731 declaring the existence of a State of Emergency in connection with the CZU August Lightning Complex Fire, confirming the proclamation of same dated August 21, 2020 by the Director of Emergency Services, and ratifying Executive Order 2020-19 issued pursuant thereto. At its regular meetings of December 8, 2020, January 26, 2021, March 9, 2021, April 27, 2021, and June 22, 2021, the Council adopted Resolution Nos. NS-29,750, NS-29,765, NS-29,781, NS-29-803, and NS-29,840, further extending the declaration of emergency by 60 days. At its special meeting of September 21, 2021, the Council adopted Resolution No. NS-29,872, further extending the declaration of emergency by another 60 days. At its regular meetings of November 9, 2021, December 14, 2021, February 8 2022, March 22, 2022, and May 10, 2022, the Council adopted Resolution Nos.
13.1 NS-29,885, NS-29,899, NS-29-925, NS-29-940, and NS-29-974, further extending the declaration of emergency by another 60 days.
The attached resolution, if adopted by the City Council, would extend the emergency declaration related to the CZU August Lightning Complex Fire emergency by an additional 60 days, to August 27, 2022.
FISCAL IMPACT: Actions taken by the City during a declared emergency are potentially recoverable from Cal OES (California Governor’s Office of Emergency Services) and FEMA (Federal Emergency Management Agency). Accordingly, it is recommended that the Council extend the declaration of emergency as provided for herein until it has determined that conditions giving rise to the emergency have been abated.
Prepared By:
Stephanie Duck
Deputy City Attorney
Submitted By:
Tony Condotti
City Attorney
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. RESOLUTION.DOCX
13.2 RESOLUTION NO. NS-XX,XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ EXTENDING A
LOCAL EMERGENCY DECLARATION IN CONNECTION WITH THE CZU AUGUST
LIGHTNING COMPLEX FIRE
WHEREAS, under Santa Cruz Municipal Code (SCMC) § 2.20.030, the City Manager serves as the Emergency Services Director, and empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity or disaster; and
WHEREAS, in the event of an emergency declaration, as the Emergency Services Director, the City Manager has the authority to take various actions in the City’s interest, including making and issuing “rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency” subject to ratification by the City Council “at the earliest practicable time.” (SCMC § 2.20.040); and WHEREAS, the wildfires known as the CZU August Lightning Complex Fire that began on August 15, 2020 have destroyed structures and threatened numerous residences and acres of valuable wildland and watershed resulting in evacuations and displacement of residents, road closures, areas of isolation, damage to property and utility systems and damage to critical infrastructure and endangered species within unincorporated areas of Northern Santa Cruz County, and currently constitute an imminent threat to portions of the City, as well as vital City infrastructure located outside of City boundaries; and WHEREAS, while the wildfires are contained, as of this date, they have charred tens of thousands of acres in the Counties of Santa Cruz and San Mateo, damaged or destroyed over 900 residences and buildings, and will displace hundreds of residents for several months, if not permanently, many of whom are seeking shelter in the City of Santa Cruz; and WHEREAS, the San Lorenzo River watershed contains significant portions of the area damaged by the wildfires, and the City continues to monitor post-fire hazards and water quality impacts; and
WHEREAS, efforts to assist the affected population and restore the burned area and/or recover from the effects of the wildfire damage, involve assets from Santa Cruz County, City of Santa Cruz, other local governments in Santa Cruz County, and other local governments within California, as well as California State and federal fire and law enforcement assets, the American Red Cross and other volunteer organizations; and WHEREAS, pursuant to his authority as Emergency Services Director, on August 21, 2020, the City Manager declared the existence of a local emergency in light of the foregoing; and
13.3 RESOLUTION NO. NS-XX,XXX
2 WHEREAS, at its August 25, 2020 regular meeting the City Council declared a local emergency, and ratified Executive Order No. 2020-17 – Closing All Off-Trail Open Space Areas within Pogonip and Sycamore Grove, by Resolution No. NS-29,704; and WHEREAS, at its October 27, 2020 meeting, the City Council adopted Resolution No.
NS-29,731 declaring the existence of a State of Emergency in connection with the CZU August Lightning Complex Fire, confirming the proclamation of same dated August 21, 2020 by the Director of Emergency Services, and ratifying Executive Order 2020-19 issued pursuant thereto; and
WHEREAS, at its December 8, 2020 meeting, the City Council adopted Resolution No. NS-29,750, extending the declaration of emergency to February 6, 2021; and WHEREAS, at its January 26, 2021 meeting, the City Council adopted Resolution No.
NS-29,765, extending the declaration of emergency to March 27, 2021; and WHEREAS, at its March 9, 2021 meeting, the City Council adopted Resolution No.
NS-29,781, extending the declaration of emergency to May 8, 2021; and WHEREAS, at its April 27, 2021 meeting, the City Council adopted Resolution No.
NS-29,803, extending the declaration of emergency to June 26, 2021; and WHEREAS, at its June 22, 2021 meeting, the City Council adopted Resolution No.
NS-29,840, extending the declaration of emergency for another 60 days; and WHEREAS, at its September 21, 2021 special meeting, the City Council adopted Resolution No. NS-29,872, extending the declaration of emergency for another 60 days; and WHEREAS, at its November 9, 2021 regular meeting, the City Council adopted Resolution No. NS-29, 885, extending the declaration of emergency for another 60 days; and WHEREAS, at its December 14, 2021 regular meeting, the City Council adopted Resolution No. NS-29-899, extending the declaration of emergency for another 60 days; and WHEREAS, at its February 8, 2022 regular meeting, the City Council adopted Resolution No. NS-29,925, extending the declaration of emergency for another 60 days; and WHEREAS, at its March 22, 2022 regular meeting, the City Council adopted Resolution No. NS-940, extending the declaration of emergency for another 60 days; and WHEREAS, at its May 10, 2022 regular meeting, the City Council adopted Resolution No. NS-974, extending the declaration of emergency for another 60 days; and WHEREAS, although the CZU Lightning Complex fire has been contained, areas of open space, including Pogonip and Sycamore Grove remain in a an extremely dry and fire
13.4 RESOLUTION NO. NS-XX,XXX
3 prone condition, making the risk of wildfire caused by campfires associated with illegal encampments particularly grave; and
WHEREAS, the risk of severe wildfire is further exacerbated by current serious drought conditions and decreasing water supply; and
WHEREAS, based on the foregoing, the City’s emergency response to the CZU Lightning Complex fire will likely be ongoing; and
WHEREAS, pursuant to his authority as Emergency Services Director, the City Manager has issued the following executive orders relating to the CZU Lightning Complex Fire emergency:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz (City Council) as follows:
A. That the City Council hereby declares that the local health emergency declaration adopted at its August 25, 2020 regular meeting by Resolution No. NS-29,704, and confirmed and readopted at its October 27, 2020 regular meeting by Resolution No. NS-29,731, extended an additional 60 days on December 8, 2020 by Resolution No. NS-29,750, January 26, 2021 by Resolution No. NS-29,765, March 9, 2021 by Resolution No. NS-29-781, April 27, 2021 by Resolution No. NS-29,803, June 22, 2021 by Resolution No. NS-29,840, and the local health emergency extended an additional 60 days at its special meeting on September 21, 2021 by Resolution No. NS-29,872, extended an additional 60 days at its regular meeting on November 9, 2021, December 14, 2021, February 8, 2022, March 22, 2022, and May 10, 2022 by Resolution Nos. NS-29,885, NS-29,899, NS-29,925, NS-29,940, and NS-29-974, shall be extended an additional sixty (60) days from its adoption pursuant to California Government Code Section 8630, et seq., by this Resolution; and B. That, all previously ratified Executive Orders shall remain in force and effect for the duration the emergency, unless sooner rescinded by subsequent City Council action; and PASSED AND ADOPTED this 28th day of June, 2022 by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
13.5 RESOLUTION NO. NS-XX,XXX
4 APPROVED: __________________________
Sonja Brunner, Mayor
ATTEST: ________________________________________________________ Bonnie Bush, City Clerk Administrator
13.6 MINUTES ARE UNOFFICIAL UNTIL APPROVED BY COUNCIL
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL SPECIAL MEETING
June 7, 2022
4:30 PM
Call to Order – Mayor Brunner called the meeting to order at 4:30 p.m. via Zoom.
Roll Call
Present: Councilmembers Kalantari-Johnson (via Zoom), Golder (via Zoom), Cummings (via Zoom), Brown (via Zoom), Meyers (via Zoom, left at 6:05 p.m.); Vice Mayor Watkins (via Zoom); Mayor Brunner (via Zoom).
Absent: None.
Staff: City Manager M. Huffaker (via Zoom), Assistant City Manager L. Schmidt (via Zoom), City Attorney T. Condotti (via Zoom), Interim Director of Finance B. Magee (via Zoom), Fire Chief R. Oatey (via Zoom), Chief of Police B. Escalante (via Zoom), Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush (via Zoom).
General Business
1. CORE Funding Recommendations (CM)
Assistant City Manager L. Schmidt introduced the item.
Randy Morris, Human Services Director with the County of Santa Cruz, and Kimberly Petersen, Program Manager with the County of Santa Cruz, gave a presentation and responded to Councilmember questions.
Mayor Brunner opened the public comment period. The following people spoke.
SPEAKING VIA TELECONFERENCE:
Helen Ewan-Storey
Karen Delaney
Father Joseph Jacobs
Reverend Beth Love
Unidentified person
14.1 June 7, 2022 CITY COUNCIL SPECIAL MEETING MINUTES 6115 General Business (continued)
1. CORE Funding Recommendations (CM) (continued)
SPEAKING VIA TELECONFERENCE (continued):
Unidentified person
Raymon Cancino
David Bianchi
Mayor Brunner closed the public comment period.
MOTION: Councilmember Golder moved, seconded by Councilmember Watkins, to:
Approve Recommended Awards from the Collective of Results and Evidencebased (CORE) Investments Request for Proposals (RFP) process; and Approve Agreement between City of Santa Cruz (City) and County of Santa Cruz (County) related to CORE funding and contract administration; and Direct staff to return to the Council on June 28, 2022 with final CORE contract awards; and
Direct staff to return on or before February 28, 2023 with an update on the evaluation of the CORE RFP process and community stakeholder process; and Authorize the City Manager to execute a contract, in a form approved by the City Attorney, with the County of Santa Cruz to administer the jointlyfunded CORE contracts, reporting and funding distribution.
FRIENDLY AMENDMENT: Councilmember Kalantari-Johnson requested to add: Direct City staff to explore transition plans with organizations that are being recommended to not be funded and report back. Councilmember Golder and Vice Mayor Watkins accepted.
ACTION: The motion carried with the following vote.
AYES: Councilmembers Kalantari-Johnson, Golder; Vice Mayor Watkins; Mayor Brunner (with the exception of the Harm
Reduction Coalition allocation).
NOES: Councilmembers Cummings, Brown; Mayor Brunner
(regarding the Harm Reduction Coalition allocation).
ABSENT: Councilmember Meyers.
DISQUALIFIED: None.
14.2 June 7, 2022 CITY COUNCIL SPECIAL MEETING MINUTES 6116 General Business (continued)
1. CORE Funding Recommendations (CM) (continued)
Due to the absence of a Councilmember, there was a tie vote regarding the Harm Reduction allocation and action will be continued to the June 28, 2022 Council meeting.
MOTION: Councilmember Cummings moved, seconded by Mayor Brunner to incorporate the submissions whose funding are not being renewed into the budget conversations for consideration.
ACTION: The motion carried with the following vote.
AYES: Councilmembers Kalantari-Johnson, Golder, Cummings, Brown; Vice Mayor Watkins; Mayor Brunner.
NOES: None.
ABSENT: Councilmember Meyers.
DISQUALIFIED: None.
Adjournment - The City Council adjourned at 7:44 p.m.
Respectfully Submitted:
Julia Wood, Deputy City Clerk Administrator
Attest:
Bonnie Bush, City Clerk Administrator
Approved:
Sonja Brunner, Mayor
14.3 MINUTES ARE UNOFFICIAL UNTIL APPROVED BY COUNCIL
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
June 14, 2022
9:30 AM
Mayor Brunner opened the City Council Closed Session at 9:30 a.m. in a public meeting via Zoom, for the purpose of announcing the agenda, and receiving public testimony.
Roll Call
Present: Councilmembers Kalantari-Johnson (via Zoom), Golder (via Zoom), Cummings (via Zoom), Brown (via Zoom), Meyers (via Zoom); Vice Mayor Watkins (arrived at 9:38 a.m. via Zoom); Mayor Brunner (via Zoom).
Absent: None.
Staff: City Manager M. Huffaker (via Zoom), Assistant City Manager L. Schmidt (via Zoom), Director of Planning and Community Development L. Butler (via Zoom), Director of Parks and Recreation T. Elliot (via Zoom), Human Resources Director L. Murphy (via Zoom), City Attorney T. Condotti (via Zoom), Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush (via Zoom).
Public Comment
Mayor Brunner opened the public comment period at 9:34 a.m. There were no speakers. Mayor Brunner closed the public comment period at 9:35 a.m.
15.1 June 14, 2022 CITY COUNCIL MINUTES 6118
Closed Session
1. Conference with Labor Negotiators (Government Code §54957.6) SEIU Temporary Employees
SEIU Service Employees
Mid Managers, OE3
Supervisors, OE3
Fire Management
Fire, IAFF
Police Management
Police Officers Association
Executives
City Negotiator - Lisa Murphy
2. Public Employee Performance Evaluation (Government Code §54957) City Attorney
3. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
Regents of the University of California, et al. v. City of Santa Cruz (Santa Cruz County Superior Court Case No. 20CV02152)
4. Conference with Legal Counsel - Anticipated Litigation (Government Code §54956.9(d)(4))
Initiation of litigation (one potential case)
At this time, the meeting was closed to the public. (See pages 6120—6121 for a report on Closed Session.)
15.2 June 14, 2022 CITY COUNCIL MINUTES 6119
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
June 14, 2022
11:30 AM
Call to Order – Mayor Brunner called the meeting to order at 11:38 a.m. via Zoom.
Roll Call
Present: Councilmembers Kalantari-Johnson (via Zoom), Golder (via Zoom), Cummings (via Zoom), Brown (via Zoom), Meyers (via Zoom); Vice Mayor Watkins (arrived at 11:45 a.m. via Zoom); Mayor Brunner (via Zoom).
Absent: None.
Staff: City Manager M. Huffaker (via Zoom), Assistant City Manager L. Schmidt (via Zoom), City Attorney T. Condotti (via Zoom), Chief of Police B.
Escalante (via Zoom), Interim Finance Director B. Magee (via Zoom), Director of Economic Development B. Lipscomb (via Zoom), Deputy Water Director H. Luckenbach (via Zoom), Director of Information Technology K. Morgan (via Zoom), Director of Planning and Community Development L. Butler (via Zoom), Director of Human Resources L.
Murphy (via Zoom), Director of Public Works M. Dettle (via Zoom), Fire Chief R. Oatey (via Zoom), Director of Parks and Recreation T. Elliot (via Zoom), Assistant Director of Public Works/City Engineer N. Nguyen (via Zoom), Transportation Planner C. Gallogly (via Zoom), Homelessness Response Manager L. Imwalle (via Zoom), Senior Professional Engineer J. Spangrud (via Zoom), Customer Service Manager K. Petersen (via Zoom), Senior Planner K. Donovan (via Zoom), Principal Planner M.
VanHua (via Zoom), Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush (via Zoom).
Presentations
5. Mayoral Proclamation Declaring June 15, 2022 as World Elder Abuse Awareness Day
Whitney Barnes, Senior Social Worker with Adult Protective Services of Santa Cruz County, spoke and Mayor Brunner read from a Proclamation declaring June 15, 2022 as World Elder Abuse Awareness Day.
15.3 June 14, 2022 CITY COUNCIL MINUTES 6120
Presiding Officer's Announcements
Statements of Disqualification – Mayor Brunner announced that she will be recusing herself from voting on items 24, 25, and 30 in an abundance of caution as these items all have an impact on her employer, the Downtown Association.
Additions and Deletions – None.
City Attorney Report on Closed Session
Conference with Labor Negotiators (Government Code §54957.6) SEIU Temporary Employees
SEIU Service Employees
Mid Managers, OE3
Supervisors, OE3
Fire Management
Fire, IAFF
Police Management
Police Officers Association
Executives
City Negotiator - Lisa Murphy
Council received a status report from the City Negotiator, and took no reportable action.
Public Employee Performance Evaluation (Government Code §54957) City Attorney
Council discussed, and took no reportable action.
Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
Regents of the University of California, et al. v. City of Santa Cruz (Santa Cruz County Superior Court Case No. 20CV02152)
Council received a report, and took no reportable action.
15.4 June 14, 2022 CITY COUNCIL MINUTES 6121
City Attorney Report on Closed Session (continued)
Conference with Legal Counsel - Anticipated Litigation (Government Code §54956.9(d)(4))
Initiation of litigation (one potential case)
Council received a report, and took no reportable action.
City Manager Report
6. The City Manager provided a report and updates on the City's business and events of interest.
City Manager M. Huffaker provided updates on the Murray Street Bridge, anticipated election results for Measures E and F, the upcoming Benchlands encampment closure, and vandalism at the Parks and Recreation Yard, and responded to Councilmember questions.
Council Meeting Calendar
7. The City Council reviewed and did not revise the meeting calendar attached to the agenda.
Consent Agenda
Councilmember Cummings pulled items 13 and 21 for further discussion.
Director of Economic Development B. Lipscomb responded to Councilmember Cummings’ question on item 14.
Interim Finance Director B. Magee responded to Councilmember Cummings’ question on item 17.
Assistant Director of Public Works/City Engineer N. Nguyen and Transportation Planner C. Gallogly responded to Councilmembers Brown and Cummings’ questions on items 18 and 20.
15.5 June 14, 2022 CITY COUNCIL MINUTES 6122
Consent Agenda (continued)
Mayor Brunner opened the public comment period. The following people spoke via teleconference:
Pablo Velasquez spoke regarding item 11.
Unidentified person spoke regarding item 17.
Mayor Brunner closed the public comment period.
MOTION: Vice Mayor Watkins moved, seconded by Councilmember Golder, to approve the remaining Consent Agenda.
ACTION: The motion carried unanimously with the following vote.
AYES: Councilmembers Kalantari-Johnson, Golder, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.
NOES: None.
ABSENT: None.
DISQUALIFIED: None.
8. Resolution Authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361 (CA)
Resolution No. NS-29,994 was adopted authorizing legislative bodies of the City of Santa Cruz to continue the use of teleconferenced meetings pursuant to Assembly Bill 361.
9. Minutes of the May 24, 2022 City Council Meeting (CC) Motion carried to approve as submitted.
10. Minutes of the May 25, 2022 City Council Special Meeting (CC) Motion carried to approve as submitted.
11. Santa Cruz County Latino Affairs Commission Nomination (CC) Motion carried to nominate Pablo Velasquez as a Santa Cruz County Latino Affairs Commissioner.
15.6 June 14, 2022 CITY COUNCIL MINUTES 6123
Consent Agenda (continued)
12. Library Financing Authority Joint Powers Agreement (CM) Motion carried to approve the Fourth Amendment to the Joint Exercise of Powers Agreement establishing the Santa Cruz County Library Financing Authority, and authorize the City Manager to sign the amendment, in a form to be approved by the City Attorney.
13. Contract for Operation of the Safe Parking Tier 3 Program (CM) Mayor Brunner opened the public comment period. The following person spoke.
SPEAKING VIA TELECONFERENCE:
Joseph Jacobs
Mayor Brunner closed the public comment period.
Homelessness Response Manager L. Imwalle responded to Councilmember questions.
MOTION: Councilmember Cummings moved, seconded by Councilmember Kalantari-Johnson, to authorize and direct the City Manager to execute a contract, in a form approved by the City Attorney, with the Association of Faith Communities for Safe Parking Tier 3 operation and direct staff to schedule a community meeting prior to initiating the Safe Parking Program at the Armory to provide updates and discuss any program concerns with the surrounding community.
ACTION: The motion carried unanimously with the following vote.
AYES: Councilmembers Kalantari-Johnson, Golder, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.
NOES: None.
ABSENT: None.
DISQUALIFIED: None.
Staff Assignments:
Councilmember Cummings requested elected representatives be invited/informed when the meeting is scheduled so they can attend.
15.7 June 14, 2022 CITY COUNCIL MINUTES 6124
Consent Agenda (continued)
14. Award Contract for Graffiti Abatement Services (ED) Motion carried to accept the bid from Graffiti Protective Coatings, Inc. for graffiti abatement services in the amount of $125,000 and authorize the City Manager to execute an agreement, in a form approved by the City Attorney, with Graffiti Protective Coatings, Inc.
15. Equitable Community Revitalization Grant Program – Authorization to Apply for and Accept Grant Awards for the Pacific Station South, Jessie Street Marsh, and Lower Main Meadow, Pogonip Open Space Projects (ED) Resolution No. NS-29,995 was adopted authorizing and directing staff to apply for and accept grant funds for three separate applications to the California Department of Toxic Substances Control (DTSC) for the Equitable Community Revitalization Grant (ECRG) Program to assist with soils investigation and/or hazardous materials remediation for each of the Pacific Station South, Jessie Street Marsh, and the Lower Main Meadow, Pogonip Open Space project sites (Attachments 1-3), and authorizing the City Manager to execute any agreements or documents necessary for acceptance and implementation of the grant(s).
16. Contractor Living Wage Rate Annual Prescription for 2022 (FN) Resolution No. NS-29,996 was adopted upwardly indexing the prescribed minimum living wage rate for contract workers where the contractor employer provides minimum vacation leave, sick leave, and health insurance benefits for its employees, and an alternate higher minimum living wage to be paid where the contractor employer does not provide each of those minimum benefits for its employees, along with other conditions/definitions related to value of the contract, trainee status, etc. by 5.20%, the amount which corresponds to San Francisco-Oakland-Hayward Area Consumer Price Index (CPI) for Urban Wage Earners and Clerical Workers, for the period ending October 31, 2021, to become effective July 1, 2022; and rescinding Resolution No. NS-29,772.
17. General Obligation Refunding Bonds – Tax Rate Authorization (FN) Resolution No. NS-29,997 was adopted setting the tax rate for FY 2023 with respect to the City’s General Obligation Refunding Bonds.
15.8 June 14, 2022 CITY COUNCIL MINUTES 6125
Consent Agenda (continued)
18. FY 2023 Funding for Senate Bill 1 Road Maintenance and Rehabilitation Account (RMRA) (PW)
Motion carried to:
Adopt Resolution No. NS-29,998 approving the FY 2023 allocation of SB 1 Road Maintenance and Rehabilitation Account funds and authorizing the City Manager to submit the project list to the California Transportation Commission; and
Adopt Resolution No. NS-29,999 transferring and appropriating funds in the amount of $566,449 from the Gas Tax Fund (Fund 221) to reflect anticipated RMRA revenues.
19. Citywide Vegetation Management – Change Order (PW)
Motion carried to approve a change order for Citywide Vegetation Management with Lewis Tree Service (Santa Cruz, CA) in the amount of $24,000.
20. Measure D Expenditure Plan: FY 2023-2027 (PW)
Motion carried to approve the proposed Measure D Five-Year Expenditure Plan for FY 2023-2027.
21. Murray Street Bridge Seismic Retrofit and Barrier Rail Replacement (c409321) – Approval of Plans and Specifications and Authorization to Advertise and Award; Approval of Request for Proposals for Construction Management Services and Authorization to Advertise and Award Contract (PW) Senior Professional Engineer J. Spangrud responded to Councilmember questions.
Mayor Brunner opened the public comment period. There were no speakers.
Mayor Brunner closed the public comment period.
15.9 June 14, 2022 CITY COUNCIL MINUTES 6126
Consent Agenda (continued)
21. Murray Street Bridge Seismic Retrofit and Barrier Rail Replacement (c409321) – Approval of Plans and Specifications and Authorization to Advertise and Award; Approval of Request for Proposals for Construction Management Services and Authorization to Advertise and Award Contract (PW) (continued) MOTION: Councilmember Cummings moved, seconded by Councilmember Brown, to:
Approve the plans and specifications for the Murray Street Seismic Retrofit and Barrier Rail Replacement Project (c409321) and authorize staff to advertise for bids and award the contract. The City Manager is hereby authorized and directed to execute the contract in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved project budget; and
Approve the Request for Proposals for Construction Management Services and authorize staff to advertise for proposals and award the contract. The City Manager is hereby authorized and directed to execute the contract in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved project budget. Direct staff to hold a neighborhood meeting in the area at least one month prior to breaking ground to make neighbors aware of the traffic flow plans and take input prior to construction.
ACTION: The motion carried unanimously with the following vote.
AYES: Councilmembers Kalantari-Johnson, Golder, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.
NOES: None.
ABSENT: None.
DISQUALIFIED: None.
22. Senate Bill 743 Implementation - Analysis of Transportation Impacts (PW) Motion carried to adopt the updates to the City of Santa Cruz SB 743 Implementation Guidelines to reflect changes supporting a range of residential development types.
15.10 June 14, 2022 CITY COUNCIL MINUTES 6127
Consent Agenda (continued)
23. West Cliff Stairs Rehabilitation (m401402) - Approve Change Order (PW) Motion carried to approve a change order with Tom Ralston Concrete (Santa Cruz, CA), to improve ocean access at Steamer Lane. The City Manager is hereby authorized and directed to execute the contract in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved project budget.
End Consent Agenda
At this time, Mayor Brunner recused herself and left the meeting.
Consent Public Hearings
Vice Mayor Watkins opened the public comment period. There were no speakers. Vice Mayor Watkins closed the public comment period.
MOTION: Councilmember Meyers moved, seconded by Councilmember Golder, to approve the Consent Public Hearing Agenda.
ACTION: The motion carried with the following vote.
AYES: Councilmembers Kalantari-Johnson, Golder, Cummings, Brown, Meyers; Vice Mayor Watkins.
NOES: None.
ABSENT: None.
DISQUALIFIED: Mayor Brunner.
24. Cooperative Retail Management Business Real Property Improvement District Assessments for FY 2023 (ED)
Resolution No. NS-30,000 was adopted confirming the Cooperative Retail Management Business Real Property Improvement District Annual Plan FY 2023 and levying Cooperative Retail Management Business Real Property Improvement District Assessments for FY 2023.
25. Downtown Association: Parking and Business Improvement Area Assessments for FY 2023 (ED)
Resolution No. NS-30,001 was adopted confirming the Parking and Business Improvement Area FY 2023 Plan prepared by the Downtown Association and levying the Parking and Business Improvement Area Assessments for FY 2023.
15.11 June 14, 2022 CITY COUNCIL MINUTES 6128
At this time, Mayor Brunner returned to the meeting.
General Business
26. Parks and Recreation Commission Appointment (CC)
Mayor Brunner opened the public comment period. There were no speakers.
Mayor Brunner closed the public comment period.
Councilmember Kalantari-Johnson nominated Bradley Angell.
Councilmember Brown nominated Jorge Leonardo Cruz.
Voting for Bradley Angell: Councilmembers Kalantari-Johnson, Golder, Meyers; Vice Mayor Watkins; Mayor Brunner.
Voting for Jorge Leonardo Cruz: Councilmembers Cummings, Brown.
Bradley Angell was appointed to the Parks and Recreation Commission, with a term ending January 31, 2023.
27. Fiscal Year 2023 Proposed Budget Adoption (FN)
Interim Director of Finance B. Magee gave a presentation and responded to Councilmember questions.
City Manager M. Huffaker responded to Councilmember questions.
Mayor Brunner opened the public comment period. The following people spoke.
SPEAKING VIA TELECONFERENCE:
TreZhon Spinner
Sarah Leonard
Lily
Blair Bareiszis
Steve Ronzono
Leah Samuels
Unidentified person
Helen Bradley
Unidentified person
Mayor Brunner closed the public comment period.
15.12 June 14, 2022 CITY COUNCIL MINUTES 6129
General Business (continued)
27. Fiscal Year 2023 Proposed Budget Adoption (FN) (continued) MOTION: Councilmember Cummings moved, seconded by Councilmember Brown, to continue the budget discussion to June 28th to coincide with discussion around programs that didn’t receive CORE funding and to better understand the outcome and impacts of Measure F.
SUBSTITUTE MOTION: Vice Mayor Watkins moved, seconded by Councilmember Meyers, to:
Adopt Resolution No. NS-30,002 adopting the Fiscal Year (FY) 2023 Budget including the Capital Investment Program (CIP), effective July 1, 2022; authorizing the City Manager to allocate within the applicable Funds the FY 2023 Budget Schedule of Budget Changes to the appropriate accounting classifications and to approve related and applicable transfer in/out between funds; and authorizing the Finance Director to create additional appropriations to provide for commitments carried over from the prior fiscal year, including contract and purchase order encumbrances and unexpended project balances, so long as there is a sufficient fund balance to finance these commitments; and
Adopt Resolution No. NS-30,003 amending the Classification and Compensation Plans for the new FY 2023 Budget Personnel Complement by implementing the approved FY 2023 Budget/Position changes in several departments; and
Approve and appropriate funds for the FY 2023 Priority 1 Capital Investment Program projects as funding becomes available; and
Accept the Water Commission’s recommendations regarding the Water Department’s FY 2023 Operating and Capital Investment Program (CIP). Direct staff to bring back Core Funding for conversation at the June 28th Council meeting.
ACTION: The substitute motion was accepted with the following vote.
AYES: Councilmembers Kalantari-Johnson, Golder, Meyers; Vice Mayor Watkins.
NOES: Councilmembers Cummings, Brown; Mayor Brunner.
ABSENT: None.
DISQUALIFIED: None.
15.13 June 14, 2022 CITY COUNCIL MINUTES 6130
General Business (continued)
27. Fiscal Year 2023 Proposed Budget Adoption (FN) (continued) AMENDMENT: Councilmember Brown moved, seconded by
Councilmember Cummings, to:
Include an additional $500,000 to restore funding to assist with the CORE transition, including support for previously funded critical safety net services;
Fully fund the Parks and Recreation Department temporary staff positions for teen and youth programs;
To fund these additions, explore cuts in the following areas:
Consultant budgets
Reduce management to line staff ratios to pre COVID levels Place an embargo on new military equipment purchases
Place an embargo on purchase of gas-powered vehicles.
ACTION: The amendment failed with the following vote.
AYES: Councilmembers Cummings, Brown.
NOES: Councilmembers Kalantari-Johnson, Golder, Meyers; Vice Mayor Watkins; Mayor Brunner.
ABSENT: None.
DISQUALIFIED: None.
ACTION: The substitute motion carried with the following vote.
AYES: Councilmembers Kalantari-Johnson, Golder, Meyers; Vice Mayor Watkins; Mayor Brunner.
NOES: Councilmembers Cummings, Brown.
ABSENT: None.
DISQUALIFIED: None.
Councilmember Cummings stated for the record that the City should be making budget and CORE funding decisions at the same time.
Councilmember Brown stated for the record that the City should be reconsidering its priorities.
15.14 June 14, 2022 CITY COUNCIL MINUTES 6131
General Business (continued)
28. Emergency Ordinance Amending Chapter 16.02 (Water Conservation) of the Santa Cruz Municipal Code (WT)
Deputy Water Director H. Luckenbach introduced the item and responded to Councilmember questions.
Customer Service Manager K. Petersen gave a presentation and responded to Councilmember questions.
Mayor Brunner opened the public comment period. There were no speakers.
Mayor Brunner closed the public comment period.
MOTION: Councilmember Meyers moved, seconded by Councilmember Brown, to adopt Ordinance No. 2022-10 prohibiting and regulating certain uses of water from the City water supply system not essential to the public health and safety and for water conservation purposes.
ACTION: The motion carried unanimously with the following vote.
AYES: Councilmembers Kalantari-Johnson, Golder, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.
NOES: None.
ABSENT: None.
DISQUALIFIED: None.
29. Housing Element
Senior Planner K. Donovan gave a presentation and responded to Councilmember questions.
Mayor Brunner and Councilmembers Meyers and Kalantari-Johnson gave a presentation and responded to Councilmember questions.
Director of Planning and Community Development L. Butler responded to Councilmember questions.
Principal Planner M. VanHua responded to Councilmember questions.
15.15 June 14, 2022 CITY COUNCIL MINUTES 6132
General Business (continued)
29. Housing Element (continued)
Mayor Brunner opened the public comment period. The following people spoke.
SPEAKING VIA TELECONFERENCE:
Unidentified person
Carol Polhamus
Elise Casby
Kyle Kelley
Mayor Brunner closed the public comment period.
29.1. Approval of a Contract with Kimley-Horn and Associates for Consultant Services for the 6th Cycle Housing Element Update (PL)
MOTION: Vice Mayor Watkins moved, seconded by Councilmember Cummings, to direct the City Manager to execute the contract, in a form approved by the City Attorney, with Kimley-Horn and Associates in the amount of $260,769 to procure consultant services to complete the 6th Cycle Housing Element Update.
ACTION: The motion carried unanimously with the following vote.
AYES: Councilmembers Kalantari-Johnson, Golder, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.
NOES: None.
ABSENT: None.
DISQUALIFIED: None.
15.16 June 14, 2022 CITY COUNCIL MINUTES 6133
General Business (continued)
29. Housing Element (continued)
29.2. Resolution Providing Guidance to the City’s 6th Cycle Housing Element (CN) MOTION: Councilmember Meyers moved, seconded by Councilmember Kalantari-Johnson, to adopt Resolution No. NS-30,004 providing guidance to the City’s 6th Cycle Housing Element Update process.
FRIENDLY AMENDMENT: Councilmember Cummings requested to make the following changes to the resolution.
Add:
“WHEREAS, the City of Santa Cruz is one of the least affordable communities in the country and is experiencing a severe housing crisis for moderate, low, and very low income residents.”
“WHEREAS, a significant percentage of the state’s target of RHNA numbers to the City are for housing units to serve low and very low income residents, which are the most difficult to construct.”
“WHEREAS, the City can’t rely on 100% affordable developments to attain the low and very low income housing unit targets under RHNA, and must increase the percentage of inclusionary affordable housing units required in private developments.”
“WHEREAS, increased densities need to be balanced by the consideration of the high-density development impact on neighborhood, the City residents’ quality of life, and other community values.” Add to “NOW THEREFORE…”:
11)“Consider the creation of policies that would facilitate the production of affordable workforce housing.”
Delete from “NOW THEREFORE…”:
5) “Consider allowing 100% affordable residential development to be considered “by-right” use that only requires ministerial Planning approval and Building Permits be constructed.”
15.17 June 14, 2022 CITY COUNCIL MINUTES 6134
General Business (continued)
29. Housing Element (continued)
29.2. Resolution Providing Guidance to the City’s 6th Cycle Housing Element (CN) (continued)
MOTION (continued):
REPLACE:
6) “Evaluate whether alternative inclusionary approaches may produce more affordable housing or deeper levels of affordability. Options to consider could include alternative inclusionary percentages based on differing levels of affordability or incentivizing land dedication versus provision of units on-site. Following this evaluation, consider whether changes to the inclusionary regulations should be proposed.” WITH:
6) “Increase the affordable housing requirements in higher density housing developments both for regular and density bonus projects both before and during the Housing Element process.”
Councilmember Meyers accepted the first and second “WHEREAS” additions, but not the remaining amendment.
MOTION TO AMEND: Councilmember Cummings moved, seconded by Councilmember Brown, to apply the following changes to Resolution No. NS30-004:
Add:
“WHEREAS, the City can’t rely on 100% affordable developments to attain the low and very low income housing unit targets under RHNA, and must increase the percentage of inclusionary affordable housing units required in private developments.”
“WHEREAS, increased densities need to be balanced by the consideration of the high-density development impact on neighborhood, the City residents’ quality of life, and other community values.”
15.18 June 14, 2022 CITY COUNCIL MINUTES 6135
General Business (continued)
29. Housing Element (continued)
29.2. Resolution Providing Guidance to the City’s 6th Cycle Housing Element (CN) (continued)
MOTION TO AMEND (continued):
Add to “NOW THEREFORE…”:
11)“Consider the creation of policies that would facilitate the production of affordable workforce housing.”
Delete from “NOW THEREFORE…”:
5) “Consider allowing 100% affordable residential development to be considered “by-right” use that only requires ministerial Planning approval and Building Permits be constructed.”
REPLACE:
6) “Evaluate whether alternative inclusionary approaches may produce more affordable housing or deeper levels of affordability. Options to consider could include alternative inclusionary percentages based on differing levels of affordability or incentivizing land dedication versus provision of units on-site. Following this evaluation, consider whether changes to the inclusionary regulations should be proposed.” WITH:
6) “Increase the affordable housing requirements in higher density housing developments both for regular and density bonus projects both before and during the Housing Element process.”
ACTION: The motion to amend was not accepted with the following vote.
AYES: Councilmembers Cummings, Brown.
NOES: Councilmembers Kalantari-Johnson, Golder, Meyers; Vice Mayor Watkins; Mayor Brunner.
ABSENT: None.
DISQUALIFIED: None.
15.19 June 14, 2022 CITY COUNCIL MINUTES 6136
General Business (continued)
29. Housing Element (continued)
29.2. Resolution Providing Guidance to the City’s 6th Cycle Housing Element (CN) (continued)
ACTION: The original motion, as amended, carried with the following vote.
AYES: Councilmembers Kalantari-Johnson, Golder, Meyers; Vice Mayor Watkins; Mayor Brunner.
NOES: Councilmembers Cummings, Brown.
ABSENT: None.
DISQUALIFIED: None.
Recess - The City Council recessed at 5:05 p.m. to the 6:00 p.m. session.
15.20 June 14, 2022 CITY COUNCIL MINUTES 6137
City Council
6:00 PM
Call to Order – Mayor Brunner called the meeting to order at 6:01 p.m. via Zoom.
Roll Call
Present: Councilmembers Kalantari-Johnson (via Zoom), Golder (via Zoom), Cummings (via Zoom), Brown (via Zoom), Meyers (arrived at 6:03 p.m. via Zoom); Vice Mayor Watkins (via Zoom); Mayor Brunner (via Zoom, left at 6:09 p.m.).
Absent: None.
Staff: City Manager M. Huffaker (via Zoom), City Attorney T. Condotti (via Zoom), Director of Planning and Community Development L. Butler (via Zoom), Fire Chief R. Oatey (via Zoom), Senior Planner S. Neuse (via Zoom), Principal Planner M. VanHua (via Zoom), Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush (via Zoom).
Oral Communications Announcement - The Mayor provided a brief announcement about Oral Communications.
Oral Communications
At 6:04 p.m. Mayor Brunner opened Oral Communications for members of the public who wished to speak regarding items not listed on the City Council agenda.
Elise Casby spoke regarding the primary election, democracy, and community involvement.
Don Wiberg spoke, providing his suggestions for the Downtown Expansion Plan.
At 6:09 p.m. Mayor Brunner closed Oral Communications.
At this time, Mayor Brunner recused herself and left the meeting.
15.21 June 14, 2022 CITY COUNCIL MINUTES 6138
General Business
30. Downtown Plan Expansion, Preferred Development Scenario for Study under
CEQA (PL)
Director of Planning and Community Development L. Butler introduced the item and responded to Councilmember questions.
Senior Planner S. Neuse and Bill Wiseman, Planning Practice Leader with Kimley-Horn, gave a presentation and responded to Councilmember questions.
Principal Planner M. VanHua and City Attorney T. Condotti responded to Councilmember questions.
Vice Mayor Watkins opened the public comment period. The following people spoke.
SPEAKING VIA TELECONFERENCE:
Chris Murphy, Santa Cruz Warriors
Kris Munro
Unidentified person
Zachary Davis
Elise Casby
Casey Beyer
Jesse Bristow
Judi Grunstra
Carolyn
Don Lane
Natalie
Danny Keith
Hilary Bryant
Angela Chandler
Linda Burroughs
Unidentified person
Unidentified person
Matt Wetstein
Keisha Browder
Darius Mohsenin
Ron Pomerantz
Gillian Greensite
Richelle Noroyan
Vice Mayor Watkins closed the public comment period.
15.22 June 14, 2022 CITY COUNCIL MINUTES 6139
General Business (continued)
30. Downtown Plan Expansion, Preferred Development Scenario for Study under CEQA (PL) (continued)
MOTION: Councilmember Meyers moved, seconded by Councilmember Golder, to direct staff to initiate work on an Environmental Impact Report (EIR) relating to the area identified for expansion of the boundary of the Downtown Plan, and provide that the preferred development scenario include the following: a minimum of 1,800 housing units; maximum heights not to exceed on one taller building of 165 feet and not to exceed 150 feet on remaining, with each height being inclusive of anticipated height increases associated with a 50% density bonus and with the taller building elements comprising only a portion of shorter podium building forms; an option for auto circulation including the permanent closure of Spruce Street east of Pacific Avenue; the creation of new civic space in the closed Spruce Street right of way; enhanced pedestrian connections between the Downtown and the beach; and options for the location of a permanent arena facility for the Santa Cruz Warriors, with a preferred location being on the south side of Spruce Street between Pacific Avenue and Front Street.
MOTION TO AMEND: Councilmember Cummings moved, seconded by Councilmember Brown, to direct staff to initiate work on an Environmental Impact Report (EIR) relating to the area identified for expansion of the boundary of the Downtown Plan, and provide that the design align with development scenario 2 include the following:
A maximum of 1,800 housing units; maximum heights not to exceed on one taller building of 165 feet and not to exceed 150 feet on remaining, with each height being inclusive of anticipated height increases associated with a 50% density bonus and with the taller building elements comprising only a portion of shorter podium building forms; An option for auto circulation including the permanent closure of Spruce Street east of Pacific Avenue;
The creation of new civic space in the closed Spruce Street right of way; Enhanced pedestrian connections between the Downtown and the beach;
Options for the location of a permanent arena facility for the Santa Cruz Warriors, with a preferred location being on the south side of Spruce Street between Pacific Avenue and Front Street;
At least one third of the total new higher density housing units in the expansion area shall be affordable to low- and very-low income households, and the inclusionary requirement for individual projects shall be 25% with a 30% requirement for projects with density bonuses;
15.23 June 14, 2022 CITY COUNCIL MINUTES 6140
General Business (continued)
30. Downtown Plan Expansion, Preferred Development Scenario for Study under CEQA (PL) (continued)
MOTION TO AMEND (continued):
In order to minimize the potential impact of the proposed Plan on additional displacement of affordable housing within the plan area and in surrounding areas, particularly the beach south of Laurel and Lower Ocean, an advisory committee of residents and affordable housing experts shall be formed to study and recommend effective impact mitigation measures, in coordination with the Planning Commission.
ACTION: The motion to amend was not accepted with the following vote.
AYES: Councilmembers Cummings, Brown.
NOES: Councilmembers Kalantari-Johnson, Golder, Meyers; Vice Mayor Watkins.
ABSENT: None.
DISQUALIFIED: Mayor Brunner.
After further discussion, Councilmember Meyers edited her motion:
Direct staff to initiate work on an Environmental Impact Report (EIR) relating to the area identified for expansion of the boundary of the Downtown Plan, and provide that the design align with development Scenario 2 to include the following:
A minimum of 1600 housing units;
Maximum heights not to exceed on one taller building of 175 feet and not to exceed 150 feet on remaining, with each height being inclusive of anticipated height increases associated with a 50% density bonus and with the taller building elements comprising only a portion of shorter podium building forms;
An option for auto circulation including the permanent closure of Spruce Street east of Pacific Avenue;
The creation of new civic space in the closed Spruce Street right of way; Enhanced pedestrian connections between the Downtown and the beach; Options for the location of a permanent arena facility for the Santa Cruz Warriors, with a preferred location being on the south side of Spruce Street between Pacific Avenue and Front Street.
15.24 June 14, 2022 CITY COUNCIL MINUTES 6141
General Business (continued)
30. Downtown Plan Expansion, Preferred Development Scenario for Study under CEQA (PL) (continued)
ACTION: The motion carried with the following vote.
AYES: Councilmembers Kalantari-Johnson, Golder, Meyers; Vice Mayor Watkins.
NOES: Councilmembers Cummings, Brown.
ABSENT: None.
DISQUALIFIED: Mayor Brunner.
Councilmember Cummings stated for the record that he is supportive of the Warriors and keeping them in the community, but without having a commitment to affordable housing, he can’t support this.
Councilmember Brown stated for the record that this is about having a meaningful commitment to affordable housing.
Councilmember Meyers stated for the record to recognize that Council did not vote to not support affordable housing.
Vice Mayor Watkins stated for the record that she agrees with Councilmember Meyers.
Adjournment - The City Council adjourned at 10:07 p.m.
Respectfully Submitted:
Julia Wood, Deputy City Clerk Administrator
Attest:
Bonnie Bush, City Clerk Administrator
Approved:
Sonja Brunner, Mayor
15.25 City Council
AGENDA REPORT
DATE: 06/16/2022
AGENDA OF: 06/28/2022
DEPARTMENT: City Manager
SUBJECT: Amendment of Existing Contract with The Salvation Army for Expanded Shelter Operation at the National Guard Armory Site (CM) RECOMMENDATION: Motion to authorize and direct the City Manager to execute the amended contract, in a form approved by the City Attorney, with The Salvation Army for expanded shelter operations including 60 additional shelter beds at the Armory with existing homelessness response funds from the American Rescue Plan Act and State-provided $14 million for homelessness response in an amount not to exceed $3,870,273.39, which represents an increase of $1,727,345.39 from the previously-approved, $2,142,928 contract for The Salvation Army to operate at the Armory.
BACKGROUND: On December 14, 2021, the Council approved a contract with The Salvation Army (TSA) to operate a 75-tent emergency shelter program on the south lawn of the National Guard Armory for a six-month period. This City-funded shelter is component of the 150-bed safe sleeping program directed by the Council as part of the Camping Services and Standards Ordinance (CSSO). Due to an extended approval process at TSA Corporate Office, the contract was not officially approved until late-March 2022. The new safe sleeping program, referred to as the City Overlook, was opened mid-May 2022.
DISCUSSION: The delay in the start date of City Overlook program necessitates modifying the term of the contract in order to continue operations beyond the June 30, 2022 expiration of the current agreement. In addition, the City learned earlier this spring of the County’s intention to close its shelter program operated by The Salvation Army inside the Armory building, due to the expiration of one-time state funding, on June 30, 2022. The closure of this County-funded program for approximately 60 people creates the opportunity for the City to utilize this interior space to expand safe sleeping options in the City and reach the 150 space capacity directed by Council with the passage of the CSSO. Given that TSA is an experienced operator of shelter programs at the Armory site and has a current contract for shelter operations with the City, staff engaged TSA in conversations regarding extending the term and expanding capacity at that site.
The proposed contract amendment extends the term from six months to 14 months and expands safe sleeping capacity from 75 to 135 spaces. TSA will continue to operate the existing City Overlook program for 75 persons and will add an additional 60 spaces inside the Armory with an expected start date in mid-August 2022.
The proposed contract amendment includes an increase in the budget commensurate with the increase in the number of persons served through the program. However, there are some
16.1 changes to the budget in the amended contract that are not related solely to the change in the scale of operations. Specifically, there are two program administration positions that were not included in the original contract because those positions were covered through TSA’s contract with the County. Now that the County program has ended, these positions will need to be covered through the City’s contract at an annual cost of $160,668. In addition, the amended contract includes $120,000 per year for laundry service of the blankets and towels at the shelter and $20,000 for tablets to be used by staff for case management and documentation.
Health in All Policies (HiAP). The proposed contract is consistent with the three HiAP pillars of equity, sustainability, and health. The shelter services will provide individuals currently residing in the community a safe location to sleep, live, access services, stabilize, and work towards a move into an improved living situation. The services related to sanitation and hygiene, as well as the services provided to shelter residents, all promote equity, sustainability, and personal health.
Environmental Review. The California Environmental Quality Act (CEQA) provides several “categorical exemptions” which are applicable to categories of projects and activities that the Natural Resource Agency has determined generally do not pose a risk of significant impacts on the environment. Section 15307 of the CEQA Guidelines “consists of actions taken by regulatory agencies... to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment.” Section 15308 of the CEQA Guidelines “consists of actions taken by regulatory agencies… to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for the protection of the environment.” The proposed contract will result in an existing building, an exterior area covered with base rock, and exterior paved areas as locations for an indoor and outdoor homeless shelter and associated service provision, such as hygiene facilities. The individuals served in the program are already residing in the City, and the subject program is not anticipated to result in any additional environmental impacts associated with homeless individuals residing in the community. The provision of trash and sanitation facilities at this location would reduce environmental impacts associated with people residing in areas where such sanitation facilities, including restrooms and trash services, are unavailable. Thus, beneficial impacts to the environment are expected from the proposed program. Daily shuttle services to/from the program will maintain a minimal number of vehicle trips to and from the site (on the order of two to four per hour), comparable to the existing number of vehicular trips that have occurred during shelter operations that have existed at the site for over two years. Thus, with the program expecting to result in beneficial environmental effects, the project is also exempt under Code of Regulations Section 15061(b), the “common sense exemption,” since it can be seen with certainty that no significant effect on the environment will occur.
Recommendation: Staff recommends the Council approve the amended contract between the City of Santa Cruz and The Salvation Army to expand shelter operations at the National Guard Armory site from 75 to 135 spaces, and modify the contract period from January 1, 2022 to June 30, 2022, to the period of May 15, 2022 to June 30, 2023.
FISCAL IMPACT: The total amount of the amended contract is $3,870,273.39 over 14 months. On December 14, 2021, Council approved the funding for the original TSA contract for the City Overlook Program (12 months) in the amount of $2,142,928 as part of the American Rescue Plan Act (ARPA) funding appropriation. Additionally, on May 10, 2022, the Council approved $1,300,000 for expanded shelter at the Housing Matters campus or other locations as part of the expenditure plan for the $14 million received from the State of California. Given that
16.2 the County has agreed to cover the program operations costs for additional shelter beds at the Housing Matters campus, City funds for shelter expansion can be redirected to fund this amended contract. There remains $427,345 that will be funded through reallocation of other ARPA funds already designated for homelessness response as there is an anticipated savings due to the reduced cost of the hygiene bay remodel. A budget adjustment will be included with the next homelessness response quarterly update.
Prepared By:
Larry Imwalle
Homelessness Response
Manager
Submitted By:
Laura Schmidt
Assistant City Manager
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. AMENDED CONTRACT WITH THE SALVATION ARMY FOR OPERATIONS OF A SHELTER PROGRAM AT THE ARMORY JUNE 2022.DOCX
16.3 City of Santa Cruz Professional Services Agreement for Safe Sleeping Program June 2022 Page 1
AMENDED PROFESSIONAL SERVICES AGREEMENT FOR
SAFE SLEEPING PROGRAM OPERATION AND MANAGEMENT AT THE ARMORY THIS AGREEMENT for professional services is made by and between the City of Santa Cruz (“City”) and the The Salvation Army, a California Corporation (“Contractor”) (referred to individually as a “Party” and collectively, as the “Parties”) for the term beginning May 15, 2022 (the “Effective Date”), and ending on June 30, 2023.
NOW, THEREFORE, in consideration of each other’s mutual promises, the Parties hereto agree as follows:
SECTION 1: SCOPE OF WORK
Contractor will furnish services as defined and described in the Scope of Work, attached hereto as Exhibit A and incorporated herein.
SECTION 2: RESPONSIBILITIES OF CONTRACTOR
All work performed by Contractor, or under Contractor’s direction, shall be rendered in accordance with the generally accepted practices, and to the standards of, Contractor's profession. Contractor represents and warrants that Contractor: (i) is fully experienced and properly qualified to perform the work and services provided for herein, (ii) has the financial capability required for the performance of the work and services, and (iii) is properly equipped and organized to perform the work and services in a competent, timely, and proper manner, in accordance with the requirements of this Agreement.
Contractor shall not undertake any work beyond the Scope of Work set forth in Exhibit A unless such additional work is approved in advance and in writing by City. The cost of such additional work shall be reimbursed to Contractor by City on the same basis as provided for in Section 4.
If, in performing the work, it is necessary to conduct field operations, security and safety of the job site will be the Contractor's responsibility excluding, the security and safety of any facility of City within the job site which is not under the Contractor's control.
Contractor shall meet with Lisa Murphy, Deputy City Manager, hereinafter called “Director;” Larry Imwalle, Homelessness Response Manager, hereinafter called "Manager"; or other designated and authorized City personnel, or third parties as necessary, on all matters connected with carrying out of Contractor’s services described in Exhibit A. Such meetings shall be held at the request of either Party. Review and City approval of completed work shall be obtained monthly, or at other intervals as may be mutually agreed upon during the course of this Agreement.
Review, approval, or acceptance of Contractor’s work by City or others shall not relieve Contractor from responsibility for errors and omissions in Contractor’s work.
SECTION 3: RESPONSIBILITIES OF THE CITY
City shall make available to Contractor all necessary data and information in the City's possession and shall actively assist Contractor in obtaining such information from other agencies and individuals as needed. Contractor is entitled to reasonably rely upon the accuracy and completeness of such data and information, provided that Contractor shall provide City prompt written notice of any known defects in such data and information.
The Director may authorize a staff person to serve as his or her representative. The work in progress shall be reviewed at such intervals as may be mutually agreed upon between the Parties. The City will be the sole judge of acceptable work, provided that such approval will not be unreasonably withheld or delayed. If the work is not acceptable, City will inform Contractor of the changes or revisions necessary to secure approval.
16.4 City of Santa Cruz Professional Services Agreement for Safe Sleeping Program June 2022 Page 2
SECTION 4: FEES AND PAYMENT
For services actually performed, the City will compensate Contractor at the rates set forth in the Fee Schedule detailed in Exhibit B and in accordance with the terms set forth therein. Payment for Contractor's services in carrying out the entire the Scope of Work shall be made within the budget limit, or limits shown, upon Exhibit B. Such payment shall be considered the full compensation for all personnel, materials, supplies, and equipment used by Contractor in the Scope of Work.
Contractor agrees that the payments to Contractor specified in this Section 4 will constitute full and complete compensation for all obligations assumed by Contractor under this Agreement. Where conflicts regarding compensation may occur, the provisions of this section apply.
Variations from the budget for each task which are justified by statements indicating personnel time expended and submittal of a revised budget are only allowed with prior City approval; however, in no event shall the total fee charged for the Scope of Work set forth in Exhibit A exceed the budget of $3,870,273.39 without advance written City authorization in the form of an amendment or change order.
Invoices shall detail the time worked by each class of employee on each task and the expenses incurred for which billing is made. Unless otherwise specified in the fee schedule, payments shall be made monthly by the City within 30 days based on itemized invoices from the Contractor which list the actual costs and expenses.
All invoices shall contain the following affidavit signed by Contractor (if individual) or by a principal of Contractor’s firm (if Contractor is an entity):
"I hereby certify [or as principal of Contractor] that the charge of (Insert invoice amount) as summarized above and shown in detail on the attachments is a fair and reasonable use of public funds, is in accordance with the terms of Agreement dated (Insert Agreement Date), and has not been previously paid."
SECTION 5: TRAVEL REIMBURSEMENT POLICY
The City shall not be responsible for any travel, meal, or lodging reimbursements to Contractor and/or Contractor’s employees.
SECTION 6: CHANGES IN WORK
The City, in its sole discretion, reserves the right with notice of 30 days, to order reductions in the scope of services. No changes in the Scope of Work shall be made without the written approval of City and Contractor. Any change requiring compensation in excess of the sum specified in Exhibit B shall be approved in advance in writing by the City. Only City’s authorized representative(s) is authorized to approve changes to this Agreement on behalf of City.
SECTION 7: TIME OF BEGINNING AND SCHEDULE FOR COMPLETION The term of this Agreement shall be on the effective date of this Agreement and terminating on June 30, 2023. It is expressly understood by the Parties hereto that this Agreement and its commencement is dependent and conditioned upon the execution and grant of a License Agreement (“License”) to the City from the California Military Department (the “State”) for use of the Santa Cruz Armory located at 301 Armory Rd., Santa Cruz, CA 95065-2101; and in the event that said License is not executed, this Agreement will not go into effect and the City incurs no responsibilities or liabilities under this Agreement.
Contractor shall begin work as specified once a written authorization to perform services under this Agreement has been issued by the City, after said License has been granted by the State to the City and this Agreement has been approved and authorized by the City.
16.5 City of Santa Cruz Professional Services Agreement for Safe Sleeping Program June 2022 Page 3
Neither party will be held responsible for delay or default caused by declared emergencies, natural disasters, or any Force Majeure event which is beyond the party's reasonable control. Contractor will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently pursue performance of its obligations in this Agreement.
The City reserves the right to obtain the item(s) and/or services covered by this Agreement from another source during any on-going suspension of service due to the circumstances outlined above.
SECTION 8: TERMINATION
The City may terminate the Agreement for convenience by providing written notice to Contractor not less than 30 calendar days prior to an effective termination date. However, this Agreement shall terminate immediately upon any termination of the License for any reason whatsoever, without any liability upon the City, its officials, officers, and employees.
The City or Contractor may terminate the Agreement for cause by providing written notice to the other party not less than 30 calendar days prior to an effective termination date.
The City may, at its option, allow Contractor to cure its failure to perform within 15 business days (or longer period authorized in writing by the City) from the date of the City’s termination notice. The termination shall be become effective if Contractor has not cured within such time period to the City’s satisfaction.
Contractor may terminate this Agreement for cause if the City fails to cure a material default in performance within a period of 30 calendar days (or such longer period agreed to by the Contractor), from date of the Contractor’s written termination notice specifying the default in performance.
Upon notice of termination by either the City or Contractor, the Contractor will immediately act to not incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. The City’s only obligation to the Contractor will be just and equitable payment for services authorized by, and received to the satisfaction of, the City up to and including the effective date of termination less any amounts withheld. All finished or unfinished work or documents procured or produced under the Agreement will become property of the City upon the termination date. In the event of Contractor’s failure to perform pursuant to the Agreement, the City reserves the right to obtain services elsewhere and Contractor will be liable for the difference between the prices set forth in the terminated Agreement and the actual cost to the City. Termination of the Agreement pursuant to this paragraph shall not relieve the Contractor of any liability to City for additional costs, expenses, or damages sustained by City due to failure of the Contractor to perform pursuant to the Agreement. City may withhold any payments to Contractor for the purpose of set-off until such time as the exact amount of damages due City from Contractor is determined. After the effective date of termination, Contractor will have no further claims against the City under the Agreement. No other compensation will be payable for anticipated profit on unperformed services.
SECTION 9: INSURANCE
Prior to the beginning of and throughout the duration of the Agreement, Contractor will maintain and comply with the Insurance Requirements as set forth in Exhibit D. Contractor will insure the City against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder. The insurance coverages required shall not in any way limit the liability of the Contractor.
SECTION 10: INDEMNIFICATION
16.6 City of Santa Cruz Professional Services Agreement for Safe Sleeping Program June 2022 Page 4
Contractor agrees, to the fullest extent permitted by law, to indemnify, defend, and hold harmless the City, its officials, officers, employees, agents, and volunteers (collectively, “Indemnitees”) from and against any and all liability, claim, action, loss, injury, damage, judgment, or expense, including attorneys’ fees and costs (“Losses”) caused by or resulting from the negligence, recklessness, or willful misconduct of Contractor, Contractor’s officers, employees, agents, or subcontractors in any way related to this Agreement. Contractor’s duty to indemnify and hold harmless Indemnitees shall not apply to the extent such Losses are caused by the sole or active negligence or willful misconduct of Indemnitees, as determined by an adjudicatory body or court of competent jurisdiction. The obligation to defend shall arise regardless of any claim or assertion that Indemnitees caused or contributed to the Losses.
In the event this Agreement involves the performance of design professional services by Contractor, Contractor’s officers, employees, agents, or subcontractors, Contractor’s costs to defend Indemnitees shall not exceed the Contractor’s proportionate percentage of fault per Civil Code §2782.8. This section shall survive the termination or expiration of this Agreement.
SECTION 11: EQUAL EMPLOYMENT OPPORTUNITY/NON-DISCRIMINATION POLICIES City’s policies promote a working environment free from abusive conduct, discrimination, harassment, and retaliation; and require equal opportunity in employment for all regardless of race, religious creed (including religious dress and grooming practices), color, national origin (including language use restrictions), ancestry, religion, disability (mental and physical), medical condition, sex, gender (including gender identity and gender expression), physical characteristics, marital status, age, sexual orientation, genetic information (including family health history and genetic test results), organizational affiliation, and military or veteran status, or any other consideration made unlawful by local, State or Federal law. City requires Contractor to comply with all applicable Federal and State and local equal employment opportunity laws and regulations, and Contractor is responsible for ensuring that effective policies and procedures concerning the prevention of abusive conduct, discrimination, harassment, and retaliation exist in Contractor’s business organization. The City’s current Equal Employment Opportunity and Non-Discrimination policies to which this Section applies may be viewed at http://www.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html and http://www.cityofsantacruz.com/home/showdocument?id=59192.
SECTION 12: LEGAL ACTION/ATTORNEYS’ FEES
If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief. The laws of the State of California, with jurisdiction in the Santa Cruz County Superior Court, shall govern all matters relating to the validity, interpretation, and effect of this Agreement and any authorized or alleged changes, the performance of any of its terms, as well as the rights and obligations of Contractor and the City.
SECTION 13: AMENDMENTS
This Agreement may not be amended in any respect except by way of a written instrument which expressly references and identifies this particular Agreement, which expressly states that its purpose is to amend this particular Agreement, and which is duly executed by the City and Contractor. Contractor acknowledges that no such amendment shall be effective until approved and authorized by the City’s authorized representative. No representative of the City is authorized to obligate the City to pay the cost or value of services beyond the scope of services set forth in Exhibit A.
Such authority is retained solely by the City Manager, Director, or their designee. Unless expressly authorized by the City Manager or Director, Contractor’s compensation shall be limited to that set forth in Exhibit B, Fee Schedule.
SECTION 14: MISCELLANEOUS PROVISIONS
1. Director and Assistant Director. Director reserves the right to approve the Director and Assistant Director assigned by Contractor to said work. No change in assignment may occur without prior written approval of the City.
16.7 City of Santa Cruz Professional Services Agreement for Safe Sleeping Program June 2022 Page 5
2. Contractor Services Only. Contractor is employed to render professional services only and any payments made to Contractor are compensation solely for such professional services.
3. Independent Contractor. In the performance of this Agreement, it is expressly understood that Contractor, including each of Contractor’s employees, agents, subcontractors or others under Contractor’s supervision or control, is an independent contractor solely responsible for its own acts and omissions, and shall not be considered an employee of the City for any purpose. Contractor agrees to comply with AB5, codified at Labor Code section 2750.3, and shall indemnify, defend and hold harmless the City, its officials, officers, employees, and agents against any claim or liability, including attorneys’ fees and costs, arising in any manner related to this Agreement that an employee, agent or others under Contractor’s supervision or control was misclassified.
4. Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
5. Subcontractors. Contractor shall obtain prior approval of the City prior to subcontracting of any work pursuant to this Agreement. If at any time, the City determines any subcontractor is incompetent or unqualified, Contractor will be notified and will be expected to immediately cancel the subcontract. Contractor shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein, including naming the City of Santa Cruz, its officers, officials, employees, agents, and volunteers as additional insureds. Any modification to the insurance requirements for subcontractors must be agreed to by the City in writing.
6. Assignment. This Agreement shall not be assigned without first obtaining the express written consent of the Director or after approval of the City Council. Neither party may assign this Agreement unless this Agreement is amended in accordance with its terms.
7. Conflicts of Interest. Contractor owes City a duty of undivided loyalty in performing the work and services under this Agreement. Contractor covenants (on behalf of Contractor and Contractor’s employees, agents, representatives, and subcontractors) that there is no direct or indirect interest, financial or otherwise, which would conflict in any manner or degree with the performance of services required under this Agreement. Contractor acknowledges and agrees to comply with applicable provisions of conflict of interest law and regulations, including the Political Reform Act, Section 1090 of the Government Code, and the City’s conflict of interest code. Contractor will immediately advise City if Contractor learns of a conflicting financial interest of Contractor during the term of this Agreement.
8. City Property. The work, or any portion, of Contractor in performing this Agreement shall become the property of City. The Contractor may be permitted to retain copies of such work for information and reference in connection only with the provision of services for the City. All materials and work product, whether finished or unfinished, shall be delivered to City upon completion of contract services or termination of this Agreement for any reason.
Unless otherwise provided herein, Contractor agrees that all copyrights which arise from creation of project-related documents and materials pursuant to this Agreement shall be vested in the City and Contractor waives and relinquishes all claims to copyright or other intellectual property rights in favor of City. Any work product related to this Agreement shall be confidential, not to be used by the Contractor on other projects or disclosed to any third party, except by agreement in writing by the City, or except as otherwise provided herein.
9. Intellectual Property and Indemnity. Contractor represents to City that, to the best of Contractor’s knowledge, any Intellectual Property (including but not limited to: patent, patent application, trade secret, copyright and any applications or right to apply for registration, computer software programs or applications, tangible or intangible proprietary information, or any other intellectual property right) in connection with any services and/or products
16.8 City of Santa Cruz Professional Services Agreement for Safe Sleeping Program June 2022 Page 6
related to this Agreement does not violate or infringe upon any Intellectual Property rights of any other person or entity.
To the fullest extent permitted by law, Contractor agrees to indemnify, defend, and hold harmless City, its officials, officers, employees, and agents, from any and all claims, demands, actions, liabilities, damages, or expenses (including reasonable attorneys’ fees and costs) arising out of a claim of infringement, actual or alleged, direct or contributory, of any Intellectual Property rights in any way related to Contractor’s performance under this Agreement or to the City’s authorized intended or actual use of Contractor’s product or service under this Agreement. This provision shall survive termination or expiration of this Agreement.
If any product or service becomes, or in the Contractor’s opinion is likely to become, the subject of a claim of infringement, the Contractor shall, at its sole expense: (i) provide the City the right to continue using the product or service; or (ii) replace or modify the product or service so that it becomes non-infringing; or (iii) if none of the foregoing alternatives are possible even after Contractor’s commercially reasonable efforts, in addition to other available legal remedies, City will have the right to return the product or service and receive a full or partial refund of an amount equal to the value of the returned product or service, less the unpaid portion of the purchase price and any other amounts, which may be due to the Contractor. City shall have the right to retrieve its data and proprietary information at no charge prior to any return of the product or termination of service.
10. Confidentiality.
a. Contractor shall not acquire any ownership interest in data and information (“City Data”) received by Contractor from City, which shall remain the property of the City. Certain information may be considered confidential (“Confidential Information”). Confidential Information shall mean all non-public information or proprietary materials (in every form and media) disclosed or made available directly or indirectly through any means of communication, either verbally or in writing, to Contractor in connection with this Agreement. Unless otherwise required by law, Contractor shall not, without City’s written permission, use or disclose City Data and/or Confidential Information other than in the performance of the obligations under this Agreement. As between Contractor and City, all City Confidential Information shall remain the property of the City. Contractor shall not acquire ownership interest in the City’s Confidential Information. b. Contractor shall be responsible for ensuring and maintaining the security and confidentiality of City Data and Confidential Information, protect against any anticipated threats or hazards to the security or integrity of City Data and Confidential Information, protect against unauthorized access to or use of City Data and Confidential Information that could result in substantial harm or inconvenience to City or any end users; and ensure the proper return and/or disposal of City Data and Confidential Information upon termination of this Agreement with notice to the City.
c. Contractor shall take appropriate action to address any incident of unauthorized access to City Data and Confidential Information, including addressing and/or remedying the issue that resulted in such unauthorized access, notifying City as soon as possible of any incident of unauthorized access to City Data and Confidential Information, or any other breach in Contractor’s security that materially affects City or end users; and be responsible for ensuring compliance by its officers, employees, agents, and subcontractors with the confidentiality provisions hereof. Should confidential and/or legally protected City Data be divulged to unauthorized third parties, Contractor shall comply with all applicable federal and state laws and regulations, including but not limited to California Civil Code sections 1798.29 and 1798.82 at Contractor’s sole expense. Contractor shall not charge City for any expenses associated with Contractor’s compliance with these obligations.
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d. Contractor shall defend, indemnify and hold harmless City, its officials, officers, employees and agents against any claim, liability, loss, injury or damage (including attorneys’ fee and costs) arising out of, or in connection with, the unauthorized use, access, and/or disclosure of City Data and/or Confidential Information by Contractor and/or its agents, employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of the City. This provision shall survive the termination or expiration of this Agreement.
11. Contractor's Records. Contractor shall maintain accurate accounting records and other written documentation pertaining to the costs incurred relating to this Agreement for examination and audit by the City, State, or federal government, as applicable, during the period of this Agreement, and for a period of at least five years from the date of the final City payment for Contractor's services, unless otherwise stated herein. If Contractor engages a subcontractor to perform work related to this Agreement with a cost of $10,000 or more over a 12 month period, such subcontract shall contain these same requirements. This provision shall survive the termination of this Agreement.
12. California Public Records Act. City is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If Contractor’s proprietary information is contained in documents or information submitted to City, and Contractor claims that such information falls within one or more CPRA exemptions, Contractor must clearly mark such information “Confidential and Proprietary,” and identify the specific lines containing the information. In the event of a request for such information, City will make best efforts to provide notice to Contractor prior to such disclosure. If Contractor contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief or other appropriate remedy from a court of law in Santa Cruz County before the City is required to respond to the CPRA request. If Contractor fails to obtain such remedy within the time the City is required to respond to the CPRA request, City may disclose the requested information without any liability to Contractor. Contractor further agrees that it shall defend, indemnify and hold City harmless against any claim, action or litigation (including but not limited to all judgments, costs, and attorney’s fees) that may result from denial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the Contractor.
13. Compliance with Laws. All activities of Contractor, its employees, subcontractors and/or agents will be carried out in compliance with all applicable federal, state, and local laws and regulations.
14. Licensure. Contractor warrants that Contractor, its subcontractors and/or agents (if any) has/have complied with any and all federal, state, and local licensing requirements and agrees to provide proof of a current City of Santa Cruz Business Tax Certificate if:
Contractor, its subcontractor(s) and agent(s) or its business is/are located in the City of Santa Cruz; Will perform actual work in the City of Santa Cruz for 6 or more days annually; or Will use company vehicles to deliver within the City of Santa Cruz for 6 or more days annually.
For additional information and licensing requirements, view the City’s Business Licenses and Permits webpage or call the Revenue and Taxation division at 831/420-5070.
15. Living Wage. Every contract for services to the City for $10,000 or more, is subject to City of Santa Cruz Living Wage Ordinance number 2000-25. If applicable, Contractor agrees to comply with the requirements of the Living Wage ordinance as provided in Santa Cruz Municipal Code Chapter 5.10.
16. Prevailing Wages for Public Work. To the extent that the work or services to be performed under this Agreement may be considered a “public work” (construction, alteration, demolition, or repair work) pursuant and subject to Labor Code section 1720 et seq., Contractor (and any subcontractor performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreement. Contractor (and any subcontractor) shall adhere to the prevailing wage determinations made by
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the Director of Industrial Relations (DIR) pursuant to California Labor Code Part 7, Chapter 1, Article 2, applicable to the work, if any. All workers employed in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seq. and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. (CA Labor Code sections 1720, 1774 and 1782.) To the extent applicable to the scope of work and services under this Agreement, Contractor agrees to be bound by the state prevailing wage requirements, including, but not limited to, the following:
a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Contractor shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day (or portion thereof) for which the worker(s) was paid less than the prevailing wage rate, as specified in Labor Code section 1775; b. Contractor shall maintain and make available payroll and worker records in accordance with Labor Code sections 1776 and 1812;
c. If Contractor employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Contractor shall ensure compliance with Labor Code section 1777.5; d. Contractor is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seq. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages;
e. Contractor shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers.
f. Any failure of Contractor and/or its subcontractor to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option and shall be at the sole risk of Contractor. Contractor on behalf of itself and any subcontractor, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Contractor and any subcontractor to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public work.
g. Contractor acknowledges that it and/or any sub-contractor may not engage in the performance of any contract for public work unless currently registered with the DIR and qualified to perform public work pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
17. Storm Water Requirements. To the extent applicable to the Scope of Work under this Agreement, Contractor, Contractor’s employees, subcontractors, and agents are required to abide by the applicable City of Santa Cruz Storm Water Best Management Practices (BMPs) for the duration of the work. The City’s mandatory Storm Water BMPs, which are listed according to the type of work, operations, or business, are located on the City website at: https://www.cityofsantacruz.com/government/city-departments/public-works/stormwater/bestmanagement-practices
18. Dispute Resolution. The Parties agree to attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement. Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested.
Promptly upon such notification, the Parties shall meet at a mutually agreeable time and place in order to
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exchange relevant information and perspective, and to attempt to resolve the dispute. In the event that no resolution is achieved, and if, but only if, the parties mutually agree, then prior to pursuing formal legal action, the parties shall make a good faith effort to resolve the dispute by non-binding mediation or negotiations between representatives with decision-making power, who, to the extent possible, shall not have had substantive involvement in the matters of the dispute. To the extent that the dispute involves or relates to a public works project, the Parties agree to attempt to resolve the dispute by complying with the claims process as set forth in Public Contract Code section 9204(e), but without waiving the requirements of the California Tort Claims Act, Gov’t Code section 800 et seq. unless otherwise agreed to by the Parties.
19. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by an act of God, natural disaster, pandemic, acts of terrorism, war, or other peril, which is beyond the reasonable control of the affected party and without the negligence of the respective Parties. Each party hereto shall give notice promptly to the other of the nature and extent of any Force Majeure claimed to delay, hinder or prevent performance of the services under this Agreement. Each Party will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently pursue performance of its obligations in this Agreement. In the event either party is prevented or delayed in the performance of its respective obligation by reason of such Force Majeure, the only remedy is that there may be an equitable adjustment of the schedule based on City’s sole discretion.
20. Complete Agreement. This Agreement, along with any attachments, is the full and complete integration of the Parties’ agreement with respect to the matters addressed herein, and that this Agreement supersedes any previous written or oral agreements between the Parties with respect to the matters addressed herein. Unless otherwise stated, to the extent there is any conflict between this Agreement and any other agreement (written or oral), the terms of this Agreement shall control.
21. Severability. The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid or illegal.
22. Waiver. Waiver by any party of any portion of this Agreement shall not constitute a waiver of the same or any other portion hereof.
23. Governing Law. This Agreement shall be governed by and interpreted in accordance with California law.
24. Contract Interpretation. Each party acknowledges that it has reviewed this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.
25. MacBride Principles/Peace Charter. City of Santa Cruz Resolution NS-19,378 (7/24/90) encourages all companies doing business in Northern Ireland to abide by the MacBride Principles and Peace Charter.
26. Notices. If either party shall desire or is required to give notice to the other such notice shall be given in writing, via email and concurrently delivered by overnight Federal Express [or priority U.S. Mail], addressed to recipient as follows:
To CITY:
City Manager’s Office
Lisa Murphy, Deputy City Manager
809 Center St., Rm 207
Santa Cruz, CA 95060
To CONTRACTOR:
The Salvation Army
Major Marcos Marquez
721 Laurel St.
Santa Cruz, CA 95060
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[email protected]
831-420-5416
[email protected]
831-426-8365
Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.
27. Counterparts. The Parties may execute this Agreement in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party’s signature shall be accepted and valid as an original.
28. Warranty of Authority. The signatories to this Agreement warrant and represent that each is authorized to execute this Agreement and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Agreement. [SIGNATURES ON FOLLOWING PAGE]
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Approved As To Form:
By: ______________________________ Date: __________________ Office of the City Attorney
CITY OF SANTA CRUZ
By: ______________________________ Date: __________________
City Manager
THE SALVATION ARMY
By: ______________________________ Date: __________________ Printed: ___________________________ Title: __________________
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EXHIBIT A: SCOPE OF WORK
SCOPE OF WORK OVERVIEW
The City of Santa Cruz (CITY) is entering into a contract with The Salvation Army, A California Corporation (CONTRACTOR), to provide emergency shelter services for unsheltered individuals experiencing homelessness.
CONTRACTOR shall provide 24-hour emergency shelter services, 7 days per week, located at 301 Armory Road in Santa Cruz. Shelter services shall include use of the Armory south lawn with a capacity for 75 beds and 60 beds inside the Armory building. Within the in the 135 bed total capacity, 10 beds will be reserved for on-demand, nightonly beds for immediate emergency access to shelter by law enforcement and other service providers. Services will include healthy, safe, and secure sleeping quarters; nutritious meals; access to bathroom and shower amenities; and permanent housing exit-focused linkages and referral services.
In support of shelter-in-place (SIP) strategies to address COVID-19, CONTRACTOR shall allow all participants to remain on-site during each day, seven days a week. SIP services shall adhere to the County’s COVID-19 prevention and containment protocols.
PERFORMANCE MEASUREMENTS
What Services Will Be
Provided? How Well Will Services Be Provided? What Change Will Result? A minimum of 75
unduplicated individuals
will receive shelter
services per night during
the contract period.
10% of enrolled individuals shall have a SMART
PATH assessment completed with an entry into the
community queue within 14 days of program
enrollment.
Data Collection Tools: Monthly client reports &
Homelessness Management Information System
(HMIS)
5% of shelter
participants will exit
homelessness to a
permanent housing
destination within 6
months
Data Collection
Tool: HMIS
SERVICE PRINCIPLES
CONTRACTOR shall ensure the program adheres to Housing First, Trauma Informed Care, and Harm Reduction principles:
HOUSING FIRST
CONTRACTOR shall conduct all emergency sheltering activities in adherence with the Core Components of Housing First, pursuant to State Welfare and Institution Code Section 8255(b). There are no requirements for sobriety, income, adherence to substance use treatment, mental health treatment, and/or participation in case management in order to receive shelter services. The focus is on shelter as a step towards permanent housing. CONTRACTOR shall work to ensure addiction and mental health issues do not become barriers to participation in the program, and that referrals are given to recovery providers for those that wish to seek help in confronting their behavioral health challenges.
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TRAUMA INFORMED CARE (TIC)
1. TIC in a shelter is important because individuals currently experiencing homelessness are more likely to have experienced traumatic incidents in their lifetime than people in the general population. CONTRACTOR response to behavioral incidents shall be guided by TIC principles and practice.
HARM REDUCTION
CONTRACTOR shall not mandate abstinence from drugs and alcohol or require treatment for mental health symptoms or substance use as a requirement for program eligibility. Responses to participant situations focus on behaviors related to the health and safety of the individual, other participants and staff in the shelter, and the intent is to keep someone in shelter safely while also ensuring the safety of staff and other shelter participants. Exits due to behavior are reserved for only the most severe incidents or when there are multiple incidents that continue to jeopardize the health and safety of participants and staff.
All harm reduction principles contained in this AGREEMENT are subject to the following:
CONTRACTOR shall not permit any alcoholic beverage and/or illicit substances to be offered for sale, stored, given away or otherwise disposed or consumed on any part of site, nor shall CONTRACTOR permit any use of tobacco products on any part of the site or within twenty (20) feet of entrances, doorways or opening windows, and then only in a controlled area under CONTRACTOR supervision.
CITY RESPONSIBILITIES
1. CITY shall be responsible for the requisite infrastructure at the Armory site for CONTRACTOR to provide the services described in this scope of work including sanitation and hygiene facilities, tents, cots, and blankets for 135 participants at any time.
2. CITY will provide maintenance of the site/structures as well as cover utility costs and responsibilities for the site, including refuse service.
CONTRACTOR RESPONSIBILITIES
1. CONTRACTOR shall:
a. Ensure the Armory South Lawn shelter site operates on a 24 hours/day, 7 days/week basis. b. Provide all shelter participants with a simple morning breakfast and a hot meal in the evening, daily.
c. Not allow participants to congregate in a group or be outside between 10:00 pm. and 6:00 am. d. Provide each shelter participant a space of at least 6 feet between guests and minimize personal belongings to allow for ingress and egress of guests and staff.
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3. CONTRACTOR shall ensure that all participants with physical limitations receive the personal assistance needed for personal care needs, such as cleaning, bathing, moving into or out of wheelchairs, or changing clothes, as well as getting into/out of transportation vehicles.
4. CONTRACTOR shall ensure that all shelter participants are able to safely access and use all amenities at or brought to the site, such as portable toilets, hand washing stations and showers.
5. CONTRACTOR shall ensure that each participant is provided the following amenities:
a. Cot or Tent
b. Sanitary blankets and/or sleeping bags free of infestations i. Blankets will be laundered regularly, and stored in a manner that keeps them clean and out of contact with other shelter participants’ bedding.
6. CONTRACTOR shall ensure that its shelter program has Policies and Procedures that at a minimum include:
a. Shelter layout that meets all applicable government zoning and building requirements b. Shelter requirements
c. Safety procedures
d. Parking policies
e. Neighborhood interface procedures
f. Shower policies
g. Janitorial/storage expectations
h. Armory requirements to be met by Contractor
i. Written plan for responding to first aid and health emergencies including basic first aid supplies accessible on site
j. Written evacuation plan for emergencies, i.e. Fire, Earthquake. i. Organizational Chart depicting CONTRACTOR reporting structure and contact information for CONTRACTOR management personnel to be called for different types of problems, i.e. facilities, client behavior, emergency, etc. ii. Shelter staff position descriptions, responsibilities and expectations
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iii. Information on required Service Principles as indicated in this contract iv. Information on connections to mainstream services, referral and priority eligibility
7. CONTRACTOR shall ensure its staff can readily access Shelter Program Policies and Procedures for consistency and clarity in conducting contracted services.
8. CONTRACTOR shall maintain a healthy environment.
a. CONTRACTOR shall refer any participant with a suspected or known infectious disease to the Homeless Persons Health Project (866-731-HPHP).
b. CONTRACTOR shall immediately notify City of any incidents that resulted in a call to 911, including the nature of the call and the outcome of the incident by contacting Larry Imwalle [email protected] or (831) 420-5405.
9. CONTRACTOR shall ensure secure storage is available to all participants so that they may store valuables or specific items that are not allowed in community spaces within shelter sites. Examples of items would be jewelry, personal medications, bulky items and any other items not allowed in community spaces within shelter sites.
10. CONTRACTOR shall utilize identified systems for data collection and reporting, as well as participant and program assessment and evaluation. Systems shall be approved by the Director or Manager, and reports from the system shall be provided to the CITY upon request.
11. CONTRACTOR shall take necessary steps to ensure participants do not create or their conduct constitute a nuisance in the immediate vicinity of the site.
12. CONTRACTOR shall ensure that pets of participants occupying the site are prohibited inside the Armory, except for those meeting the definition of service animal, defined under Title II and II of the ADA as limited to dogs individually trained to do work or perform tasks for the benefit of an individual with a disability, including, physical, sensory, psychiatric, intellectual, or other mental disability.
13. CONTRACTOR shall not drive any nails, tacks, pins, or other objects into the walls, ceilings, partitions, windows, woodwork, or other part of buildings or structures on site, nor change in any manner or move any fixture on site or make any alterations or changes to site without prior written consent of the CITY.
14. Upon expiration or termination of this AGREEMENT, CONTRACTOR shall remove all decorations, display, signs or equipment from the site.
COVID-19 TEMPORARY EMERGENCY SHELTER IN PLACE PROVISIONS
1. During the duration of the COVID-19 public health emergency, CONTRACTOR shall maintain a healthy, virus free environment by ensuring all shelter participants and staff comply with County
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COVID-19 prevention and containment protocols and shall follow County protocols if any positive cases of COVID-19 among participants or staff occur. CONTRACTOR shall comply with specific health orders for shelter operations issued by federal, state, or county public health authorities.
2. CONTRACTOR shall ensure that staff have access to the Santa Cruz County COVID-19 Shelter Guidance and that staff receive appropriately skilled and knowledgeable regarding COVID-19 health safety protocols and have adequate access to personal protective equipment to ensure the health and safety of staff and participants.
3. During the duration of the COVID-19 public health emergency CONTRACTOR shall:
a. Provide clear COVID-19 information to shelter participants, related to restrictions and limitations required for safe sheltering during the COVID-19 SIP response period. b. Enforce participant compliance with restrictions and limitations required of them for participating in the program.
c. Offers the following to shelter participants during COVID-19 SIP daytime shelter hours, including:
i. Access to computer tablets so that participants may contact service providers and explore housing opportunities with the assistance of daytime shelter staff when assistance is needed.
ii. Medical screening to check for COVID-19 symptoms, per the County of Santa Cruz COVID-19 prevention and containment protocols
If a need to quarantine is determined as a result of symptomatic medical screening or exposure to COVID-19 per County COVID-19 prevention and containment protocols, the symptomatic or exposed individual shall be isolated or quarantined on site until the individual can be transported to a separate medical isolation or quarantine site. d. Ensures necessary transportation is provided for essential trips such as medical/behavioral health appointments and laundry, during COVID-19 SIP daytime shelter hours
PERSONNEL & SITE SUPERVISION
1. CONTRACTOR shall recruit, hire and maintain minimum staffing levels as specified in “Exhibit B – Budget” at a skill set sufficient to perform all the duties required to work with referred or identify potentially eligible participants and ensure the following are accomplished:
Assessment of all shelter applicants
Shelter participants’ entrance to and exit from the program happen in a coordinated manner Appropriate oversight of shelter operations to ensure the health and safety of participants and staff
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2. CONTRACTOR shall ensure all paid and volunteer staff are instructed on CONTRACTOR’s shelter policies and procedures, and that a policy and procedures manual is available on site.
CONNECTION TO ADDITIONAL SERVICES
1. CONTRACTOR shall ensure all participants receive a SMART PATH assessment, and that information on participants is entered into HMIS.
2. CONTRACTOR shall refer and link participants with appropriate community-based resources and programs to meet needs identified during the intake and assessment process. CONTRACTOR shall work to ensure participants attain resources to which they were referred by program staff.
3. CONTRACTOR shall ensure that participants receive transportation linkage and referral assistance when necessary to obtain appropriate community resources and support. To assist participants with disabilities to access transportation assistance, CONTRACTOR shall contact The Lift Line (https://communitybridges.org/liftline/) for disabled transportation assistance services or a similar free transportation service.
TRANSPORTATION
CONTRACTOR shall provide transportation service for participants to-and-from the program site and designated pick-up/drop-off locations established by the City. Transportation will be provided 7-days a week for a minimum of 14 hours a day. CONTRACTOR will be responsible for the management of the transportation program including hiring and supervision of shuttle drivers, rental of van, fuel costs, maintenance, and supplies. CONTRACTOR shall ensure that drivers, program participants, CONTRACTOR’S employees and agents shall demonstrate valid registration and insurance to be allowed to park their vehicle in site parking area or otherwise drive a vehicle anywhere on the site.
SYSTEMS FOR DATA COLLECTION
CONTRACTOR shall utilize the following approved systems for data collection and reporting, as well as participant and program assessment and evaluation.
HOMELESS MANAGEMENT INFORMATION SYSTEM (HMIS)
1. CONTRACTOR shall utilize HMIS as the agreed upon collaborative system for program and participant data collection and reporting.
2. CONTRACTOR shall complete HMIS data entry for each participant that includes information sharing authorization, new client entry if needed, program intake, SMART PATH VI-SPDAT assessment, participant update information, participant referral information, and participant exit information.
REFERRALS, ELIGIBILITY AND PRIORITY CRITERIA
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BASIC REFERRAL CRITERIA
1. CONTRACTOR shall accept referrals of participants from the City. Contractor shall prioritize referrals from the City, but may also accept referrals from the SMART PATH Coordinated Entry System (CES) or from County agencies in the event there are available beds.
2. CONTRACTOR shall ensure that all participants are provided information about the Homeward Bound program and offered Homeward Bound as a diversion option at program intake.
BASIC ELIGIBILITY CRITERIA FOR SHELTER SERVICES
The basic eligibility for entry into the program, as established by City, is that participants are individuals 18 or older and are experiencing homelessness (literally homeless, unsheltered).
REPORTING AND COORDINATION REQUIREMENTS
1. CONTRACTOR shall immediately notify CITY of any significant issues with program participants; time is of the essence. Significant issues include but are not limited to disciplinary or safety issues that impact participants’ shelter stay.
2. Training: CONTRACTOR shall ensure that personnel listed under “Exhibit B – Budget” are appropriately trained in Housing First, HMIS, SMART PATH CES, Trauma Informed Care, Harm Reduction, to facilitate their ability to utilize evidence-based Housing First and other best practices.
INVOICES
1. CONTRACTOR shall provide monthly invoices, using a template provided by the CITY, to document services costs based on the budget detailed in this scope of work and the attached Exhibit B - Budget document.
2. Monthly invoices shall be submitted via email to CITY authorized staff (Megan Bunch [email protected]) within 10 calendar days following the end of the month in which the services were provided.
BACK UP DOCUMENTATION AND REPORTING
1. CONTRACTOR shall provide required backup documentation on monthly contracted activities along with monthly invoices when submitted.
2. CONTRACTOR shall utilize the HMIS to enter, track and measure data on each participating individual, based on the Performance Measurement outcomes stated in this scope of work.
3. CONTRACTOR shall utilize monthly reports and other reports as needed, to enter, track and measure data not already captured within HMIS, based on the Performance Measurement outcomes stated in this scope of work.
4. CONTRACTOR is responsible for providing monthly reports, by the 15th of the subsequent month, to include:
Census of participants (number of new and returning, and days of stay) Participant demographics (age, gender, race & ethnicity,
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Location of last permanent housing (City, zip code)
Identified needs
Bed capacity/utilization (with specifics for “overnight reservation” beds) Staffing capacity
Number of participants exiting the program and reason for exiting County services (and non-profit organization) that have provided services onsite List of incident reports (if any)
SCOPE OF WORK OR BUDGET MODIFICATION
1. Changes to the budget, including transfers between budget categories within a specific fiscal year may be made only through a budget modification, which must be requested to the CITY in writing by the CONTRACTOR in advance of the modification, providing the transfer is less than 30% (cumulative), is within a single budget suffix of the approved budget, and is within the total original fiscal year budget.
2. Budget modification requests must be received no later than May 15th of the fiscal year in which the budget modification is applicable and must have prior approval by CITY authorized staff to be approved.
ADDITIONAL TERMS AND CONDITIONS
1. Corrective Action: CONTRACTOR shall perform the agreed upon services detailed in this scope of work, submit timely invoices and reports, and work to meet agreed upon outcomes as detailed herein. CONTRACTOR failure to provide any of these agreed upon terms may result in a Corrective Action request. Corrective Action requests will specify ongoing problems in the performance of these contract terms and a deadline by which to rectify problems and will also require the CONTRACTOR to submit a brief Corrective Action Plan detailing how ongoing problems will be resolved. Failure to adequately address steps outlined in the Corrective Action Plan may ·result in the withholding of payment on invoices and/or termination of the contract.
2. Federal Funding: CONTRACTOR certifies they are not suspended, debarred or proposed for debarment from receiving federal funds; declared ineligible to receive federal funds; or voluntarily excluded from participation in covered transactions by any federal department or agency.
3. Uninterrupted Provision of Services: In order to maintain uninterrupted services under this agreement, the CONTRACTOR shall ensure that the budgeted staffing for the contracted services are maintained, which includes providing coverage for staff vacancies or leaves of more than two weeks. Additionally, CONTRACTOR program and direct service staff must be replaced within 90 days of the start of staffing vacancies.
4. Notification of Personnel Changes: In the event of key personnel changes or leaves of more than two weeks for positions funded by this agreement (e.g., program manager or assistant program
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manager), the CONTRACTOR shall report changes to the CITY within 10 business days of occurrence.
5. Instruction: The CONTRACTOR shall provide this Scope of Work to all of its employees who conduct activities under this contract, so that CONTRACTOR staff clearly understands expected activities per this agreement. The CONTRACTOR will train any new employees who work in any capacities related to the provisions of this contract, in the requirements of this contract.
6. Publicity and Outreach: The CONTRACTOR agrees to obtain CITY approval prior to use for all contracted program marketing materials, including but not limited to flyers, brochures, written success stories, social media posts, and website information. The CONTRACTOR shall ensure that the CITY logo and name are included on all contracted program marketing materials and will obtain these directly from CITY authorized staff for approved uses.
7. Media Inquiries: Should the CONTRACTOR receive press/media inquiries regarding the services provided through this contract, the CONTRACTOR shall notify the CITY’s Public Information Officer (PIO) of the inquiry, at [email protected] or at 831-420-5016.
Press/media may also be referred directly to the PIO for additional information.
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EXHIBIT B: EXHIBIT B: FEE SCHEDULE
The approved Program budget (See Exhibit E) provides annual costs. This contract is for the term of May 15, 2022 through June 30, 2023. The total amount payable under this agreement shall not exceed 3,870,273.39.
Program participation will vary due to a number of factors. This variation in Program participation will impact the costs associated with Program operation. The approved Program budget (Exhibit E) is based on maximum participation of 135 beds at any point in time. Should participation be lower, the Program costs, and therefore, Contractor invoices, will also be lower. (For example, food service is primarily based on a per person cost, excluding kitchen rental fees.) It is therefore necessary that the Contractor provide accurate monthly reports and invoice monthly based on the associated costs incurred.
Contractor will invoice the City on or before the 15th of each month. Monthly invoices should include the following information and costs:
Average number of Program participants for the invoicing month Payroll costs with staff levels/hours for the invoicing month Supply costs with list of supplies purchased to support the Program during the invoicing month
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EXHIBIT C: WORK SCHEDULE
[REMOVED]
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EXHIBIT D: INSURANCE REQUIREMENTS
A. CERTIFICATE REQUIREMENTS
The City will be issued a Certificate of Insurance (a Memorandum of Understanding will not be accepted) with the following minimum requirements:
Certificate(s) will show current policy number(s) and effective dates, Coverage and policy limits will meet, or exceed, requirements below, The Certificate Holder will be City of Santa Cruz, Risk Management, 333 Front Street., Suite 200, Santa Cruz, CA 95060,
Certificate will be signed by an authorized representative, An endorsement will be provided to show the City, its officers, officials, employees, agents, and volunteers as additional insureds, and
Coverages must be maintained during the term of the Agreement with the City, Unless a longer duration is required.
B. MINIMUM SCOPE AND LIMITS OF INSURANCE
Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. If Contractor maintains broader insurance coverage and/or higher limits than the minimums shown below, the City of Santa Cruz requires and shall be entitled to the broader insurance coverage and/or higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Cruz. Coverage will be at least as broad as:
COMMERCIAL GENERAL LIABILITY (CGL): $1,000,000 PER OCCURRENCE; $2,000,000 AGGREGATE Proof of coverage for $1 Million per occurrence including products and completed operations, property damage, bodily injury, personal and advertising injury will be provided on Insurance Services Office (ISO) Form CG 00 01 covering CGL. If a general aggregate limit applies, either the general aggregate limit will apply separately to this project/location or the general aggregate limit will be at least twice the required occurrence limit.
PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS): $2,000,000 PER OCCURRENCE OR CLAIM, $2,000,000 AGGREGATE.
Contractor will maintain insurance appropriate to Contractor’s profession; with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after date of completion of the services under this Agreement. If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date or start of work date, Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. AUTOMOBILE LIABILITY:
Proof of coverage for $1,000,000 provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), per accident for bodily injury and property damage.
WORKERS’ COMPENSATION AS REQUIRED BY THE STATE OF CALIFORNIA, WITH STATUTORY LIMITS, AND EMPLOYER’S LIABILITY INSURANCE: $1,000,000 per accident for bodily injury or disease.
The Worker’s Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor and its employees. DATA SECURITY AND PRIVACY LIABILITY:
16.26 City of Santa Cruz Professional Services Agreement for Safe Sleeping Program June 2022 Page 24
1. Consultant shall maintain one or more insurance policies - Privacy, Technology and Data Security Liability, Cyber Liability, or Technology Professional Liability Insurance coverage in the amount of $5,000,000 per occurrence or claim, $5,000,000 aggregate.
Coverage shall be sufficiently broad to respond to the duties and obligations undertaken by Consultant in this contract.
2. The policy(ies) shall include coverage for claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information.
3. The policy(ies) shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
4. The policy(ies) shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City in the care, custody, or control of the Consultant.
OTHER INSURANCE PROVISIONS
The insurance policies are to comply with the following provisions:
ADDITIONAL INSURED STATUS
The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL [,CPL, and automobile insurance (if transporting hazardous materials] policy(ies) with respect to liability arising out of work or operations performed by or on behalf of Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage will be provided in the form of an endorsement to Contractor’s insurance at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10 CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 (if a later edition is used).
PRIMARY COVERAGE
For any claims related to this Agreement, Contractor’s insurance coverage will be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers will be excess of Contractor’s insurance and will not contribute with it.
NOTICE OF CANCELLATION
Each insurance policy required above shall state that the coverage shall not be canceled, except with notice to the City.
WAIVER OF SUBROGATION
Contractor hereby grants to the City a waiver of any right to subrogation, except as otherwise not applicable, which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss, including attorney’s fees under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effectuate this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. EXCESS LIABILITY/UMBRELLA INSURANCE POLICIES
16.27 City of Santa Cruz Professional Services Agreement for Safe Sleeping Program June 2022 Page 25
The excess/liability policies will provide similar coverage as the primary CGL policy with no new exclusions - Excess liability insurance must follow form the terms, conditions, definitions, and exclusions of the underlying CGL insurance. The excess/umbrella policy must also be written on a primary and noncontributory basis for an additional insured, and that it will apply before any other insurance that is available to such additional insured which covers that person or organization as a named insured, and we will not share with that other insurance.
The policy regarding Limits of Insurance regarding Aggregates must provide that the aggregate limits if applicable shall apply in the same manner as the aggregate limits shown in the Schedule of the Underlying Insurance.
SELF-INSURED RETENTIONS
Self-insured retentions must be declared to and approved by the City. City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses.
The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.
CLAIMS MADE POLICIES
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. VERIFICATION OF COVERAGE
Contractor will furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL [,CPL, and automobile] Policy(ies) listing all policy endorsements to be approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Contractor’s obligation to provide them.
The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
C. SUBCONTRACTORS
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.
D. SPECIAL RISKS/CIRCUMSTANCES
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances and provide notice to Contractor.
16.28 City of Santa Cruz Professional Services Agreement for Safe Sleeping Program June 2022 Page 26
EXHIBIT E: APPROVED PROGRAM BUDGET
Weeks per Year Hours per Week
Planned
Sal/Wage per HourGross Wages
52 40 $ 28.00 $ 58,240.00 $ 84,229.96
52 40 $ 25.00 $ 52,000.00 $ 76,438.32
Shelter Director 52 40 $ 30.00 $ 62,400.00 $ 89,424.38
52 40 $ 26.00 $ 54,080.00 $ 79,035.53
52 40 $ 26.00 $ 54,080.00 $ 79,035.53
52 40 $ 21.00 $ 43,680.00 $ 66,049.47
52 40 $ 21.00 $ 43,680.00 $ 66,049.47
52 40 $ 21.00 $ 43,680.00 $ 66,049.47
52 40 $ 24.00 $ 49,920.00 $ 73,841.11
52 40 $ 24.00 $ 49,920.00 $ 73,841.11
52 40 $ 19.00 $ 39,520.00 $ 60,855.04
52 40 $ 18.00 $ 37,440.00 $ 58,257.83
52 40 $ 18.00 $ 37,440.00 $ 58,257.83
52 40 $ 18.00 $ 37,440.00 $ 58,257.83
52 40 $ 18.00 $ 37,440.00 $ 58,257.83
52 40 $ 19.00 $ 39,520.00 $ 60,855.04
52 40 $ 18.00 $ 37,440.00 $ 58,257.83
52 40 $ 18.00 $ 37,440.00 $ 58,257.83
52 40 $ 18.00 $ 37,440.00 $ 58,257.83
52 40 $ 19.00 $ 39,520.00 $ 60,855.04
52 40 $ 18.00 $ 37,440.00 $ 58,257.83
52 40 $ 18.00 $ 37,440.00 $ 58,257.83
52 40 $ 18.00 $ 37,440.00 $ 58,257.83
52 40 $ 18.00 $ 37,440.00 $ 58,257.83
52 29 $ 18.00 $ 27,144.00 $ 34,073.63
52 29 $ 18.00 $ 27,144.00 $ 34,073.63
52 16 $ 19.00 $ 15,808.00 $ 19,918.82
52 16 $ 18.00 $ 14,976.00 $ 18,879.93
52 16 $ 18.00 $ 14,976.00 $ 18,879.93
52 16 $ 18.00 $ 14,976.00 $ 18,879.93
52 16 $ 18.00 $ 14,976.00 $ 18,879.93
52 16 $ 18.00 $ 14,976.00 $ 18,879.93
52 16 $ 18.00 $ 14,976.00 $ 18,879.93
52 16 $ 18.00 $ 14,976.00 $ 18,879.93
52 16 $ 18.00 $ 14,976.00 $ 18,879.93
52 16 $ 19.00 $ 15,808.00 $ 19,918.82
52 16 $ 18.00 $ 14,976.00 $ 18,879.93
52 16 $ 18.00 $ 14,976.00 $ 18,879.93
52 16 $ 18.00 $ 14,976.00 $ 18,879.93
52 16 $ 18.00 $ 14,976.00 $ 18,879.93
52 29 $ 18.00 $ 27,144.00 $ 34,073.63
52 29 $ 18.00 $ 27,144.00 $ 34,073.63
52 40 $ 21.00 $ 43,680.00 $ 66,049.47
52 40 $ 21.00 $ 43,680.00 $ 66,049.47
52 40 $ 21.00 $ 43,680.00 $ 66,049.47
52 40 $ 21.00 $ 43,680.00 $ 66,049.47
52 40 $ 21.00 $ 43,680.00 $ 66,049.47
52 40 $ 21.00 $ 43,680.00 $ 66,049.47
52 16 $ 21.00 $ 17,472.00 $ 21,996.59
52 16 $ 21.00 $ 17,472.00 $ 21,996.59
52 16 $ 21.00 $ 17,472.00 $ 21,996.59
52 16 $ 21.00 $ 17,472.00 $ 21,996.59
52 16 $ 21.00 $ 17,472.00 $ 21,996.59
52 16 $ 21.00 $ 17,472.00 $ 21,996.59
52 40 $ 19.00 $ 39,520.00 $ 60,855.04
52 40 $ 19.00 $ 39,520.00 $ 24,342.02
52 40 $ 19.00 $ 39,520.00 $ 24,342.02
$ 1,635,296.00 $ 2,617,902.36
$ 78,537.07
$ 2,696,439.43
Monitor (11:30pm-7:30am)
Monitor (7:30am-3:30pm)
Monitor (3:30pm-11:30pm)
Monitor (11:30pm-7:30am)
Monitor (7:30am-3:30pm)
Monitor PT Misc. (AS NEEDED)
Lead Monitor (8:00am-4:00pm) Monitor (7:30am-3:30pm) Monitor (7:30am-3:30pm) Monitor PT Misc. (AS NEEDED)
Cook/Server (12:00pm-9:00pm) Cook/Server (12:00pm-9:00pm) Cook/Server (12:00pm-9:00pm)
FOOD SERVICE
Monitor PT Misc. (AS NEEDED) Monitor PT Misc. (AS NEEDED)
VAN SHUTTLE DRIVERS
Van #1 Driver (7:00am-3:00pm) (Monday-Friday)
Van #2 Driver (7:00am-3:00pm) (Monday-Friday)
Van #1 Driver (2:00pm-10:00pm) (Monday-Friday)
Van #2 Driver (2:00pm-10:00pm) (Monday-Friday)
Van #1 Driver (7:00am-3:00pm) (Saturday-Sunday)
Van #2 Driver (7:00am-3:00pm) (Saturday-Sunday)
Van #1 Driver (2:00pm-10:00pm) (Saturday-Sunday)
Van #2 Driver (2:00pm-10:00pm) (Saturday-Sunday)
Van #3 Driver (7:00am-3:00pm) (Monday-Friday)
Van #3 Driver (2:00pm-10:00pm) (Monday-Friday)
Van #3 Driver (7:00am-3:00pm) (Saturday-Sunday)
Van #3 Driver (2:00pm-10:00pm) (Saturday-Sunday)
WEEKEND MONITORS (PART TIME)
Lead Monitor (4:00pm-12:00am) Monitor (3:30pm-11:30pm) Monitor (3:30pm-11:30pm) Lead Monitor (12:00am-8:00am) Monitor (11:30pm-7:30am)
Lead Monitor (8:00am-4:00pm) Monitor (7:30am-3:30pm) Monitor (7:30am-3:30pm) Monitor (3:30pm-11:30pm)
Monitor (11:30pm-7:30am)
Monitor (7:30am-3:30pm)
Monitor (3:30pm-11:30pm) Monitor (3:30pm-11:30pm)
Lead Monitor (12:00am-8:00am) Monitor (11:30pm-7:30am)
Monitor (3:30pm-11:30pm)
Monitor (11:30pm-7:30am)
Monitor (7:30am-3:30pm)
Monitor (3:30pm-11:30pm)
Lead Monitor (4:00pm-12:00am)
Total Cost with Benefits Position
ADMINISTRATIVE
Shelter Assistant Director
CAREGIVER
Caregiver
HR Coordinator
Accountant
Caregiver
INTAKE/HMIS
Intake
Intake WEEKDAY MONITORS (FULL TIME)
Caregiver
Shelter Assistant Director
CITY OVERLOOK SHELTER (135 Clients)
The Salvation Army
16.29 City of Santa Cruz Professional Services Agreement for Safe Sleeping Program June 2022 Page 27
ITEM QTY PRICE/UNIT TOTAL
Blankets (75 start + 20/4 quarters) 155 $ 20.00 $ 3,100.00 Hygiene (75/$.75 ea./365 days) $ 36,956.25
Food ($8.00/person/day)[$5-dinner, $3.00- Breakfast)Billed Per Diem) $ 394,200.00 Emergency Taxi Transportation ($2000/quarter) $ 8,000.00 Cleaning/Disinfecting/PPE Supplies ($150/month) $ 1,800.00 Office Supplies (150/month) $ 1,800.00
Emergency Clothing (Sweats/shirt/sweatshirt) ($25/set) 150 $ 25.00 $ 3,750.00 Staff CPR Training and certification $ 12,000.00
3 Van Rental (2,000/vehicle/month) $ 72,000.00
Van Detailing Fee- ($200/vehicle/month) $ 7,200.00
Gas ($600/vehicle/month) $ 21,600.00
Employee Staff Shirts (2 per employee/$20 ea.) 110 $ 20.00 $ 2,200.00 Laundry Services ($10,000./mo) $ 120,000.00
Tablets/Computers for Case Managament (10 x 2,000 ea.) $ 20,000.00 (3% Misc Supplies includes anticipating need for mass COVID $ 564,606.25 testing in case of outbreak) $ 16,938.19
$ 581,544.44
FOOD & SUPPLIES WORKSHEET
NOT INCLUDED IN THIS BUGET IS ARE INFRASTRUCTURE COSTS (including mats… most needing replacement) Subtotal
3% Misc. Supplies
FOOD & SUPPLIES TOTAL
FOOD & SUPPLIES SUBTOTAL
STAFFING SUBTOTAL
SUBTOTAL
10% Support/Admin Service Fee
TOTAL PROGRAM COST $ 3,605,782.25
City Overlook operations (May 15-June 30, 2022) $ 264,491.14 14 month Contract Total $ 3,870,273.39
Budget is based off of a 135 client capacity
$ 581,544.44
$ 2,696,439.43
$ 3,277,983.87
$ 327,798.39
COMPREHENSIVE SHELTER BUDGET
16.30 1
Rosemary Balsley
From: Serg Kagno <[email protected]>
Sent: Sunday, June 26, 2022 5:13 PM
To: City Council
Subject: 6/28 mtg, consent agenda item #16
Dear City Council,
I am writing in reference to consent agenda item #16, "Amendment of Existing Contract with The Salvation Army for Expanded Shelter Operation at the National Guard Armory Site" on the 6/28 City Council agenda.
I ask that you consider two issues.
The first is to support the workers in our community who will be fulfilling this contract and require the Salvation Army to provide Unemployment Insurance as they are required to in some other jurisdictions around the country even if their IRS status does not require it everywhere. With the pandemic, the fire, and the economy downturn, Unemployment Insurance is one of the needed public benefits to limit those forced into homelessness when they are between jobs. Please consider modifying the contract with the Salvation Army to require Unemployment Insurance be offered so that their staff never need to be a receiver of their services.
The second issue is to support mobility-challenged residents of the Armory and Overlook programs. Presently, there is no ADA-transport up to the Overlook, nor is there going to be an ADA-shower for residents.
Community Bridges' Life-Line and the Alliance for the Central Coast's transportation are only for medical appointments and must be made 24 hours in advance. The Metro's Para-Cruz costs $4 from downtown but up to $8 from elsewhere. These are among are most vulnerable whether they are seniors or those with physical disabilities, and among the poorest in our community, and with a $3.8 million contract, ADA-accessibility should be part of the services. Please consider modifying the contract with the Salvation Army to require ADA showers and transportation for those with physical disabilities.
Thank you for your service to our community.
- Serg Kagno
Stepping Up Santa Cruz
Homeless & Low-Income Resource Directory,
updated: click to DOWNLOAD
16.31 City Council
AGENDA REPORT
DATE: 06/13/2022
AGENDA OF: 06/28/2022
DEPARTMENT: City Council
SUBJECT: Designation of Voting Delegate and Alternate to Attend the League of California Cities (LOCC) Annual Conference Being Held in Long Beach September 7 - 9, 2022) (CN)
RECOMMENDATION: Motion to designate Mayor Brunner as the voting delegate, and Vice Mayor Watkins as the alternate in the event that the voting delegate is unavailable, to attend the League of California Cities Annual Conference in Long Beach.
BACKGROUND: None.
DISCUSSION: This year’s League of California Cities (LOCC) Annual Conference is scheduled for Wednesday, September 7, 2022 through Friday, September 9, 2022 in Long Beach.
One very important aspect of the conference is the session to consider and take action on conference resolutions. This session is scheduled for Friday, September 9.
Annual conference resolutions guide cities and the LOCC in their efforts to improve the quality, responsiveness, and vitality of local government in California. It is therefore important that all cities be represented. Although each member city has a right to cast one vote, at this time, the LOCC has asked that each city council designate a voting delegate and up to two alternates in the event that the voting delegate is unavailable so that proper records may be established.
FISCAL IMPACT: There are funds in the Council travel and meetings budget to cover the expenses to attend.
Prepared By:
Bonnie Bush
City Clerk
Submitted By:
Sonja Brunner
Mayor
ATTACHMENTS:
1. LEAGUE OF CALIFORNIA CITIES LETTER DATED JUNE 1, 2022.PDF
17.1 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: June 1, 2022
TO: City Managers and City Clerks
RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference & Expo – September 7-9, 2022 Cal Cities 2022 Annual Conference & Expo is scheduled for September 7-9, 2022 in Long Beach. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly) on Friday, September 9. At this meeting, Cal Cities membership considers and acts on resolutions that establish Cal Cities policy.
In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity.
Please complete the attached Voting Delegate form and return it to Cal Cities office no later than Friday, September 2. This will allow us time to establish voting delegate/alternate records prior to the conference.
Please view Cal Cities’ event and meeting policy in advance of the conference. • Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council.
When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. • Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration will open by June 1 on the Cal Cities website. In order to cast a vote, at least one voter must be present at the Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting.
Council Action Advised by August 31, 2022
17.2 • Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. • Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges.
The Voting Delegate Desk, located in the conference registration area of the Long Beach Convention Center, will be open at the following times: Wednesday, September 7, 8:00 a.m. – 6:00 p.m.; Thursday, September 8, 7:00 a.m. – 4:00 p.m.; and Friday, September 9, 7:30 a.m.–12:30 p.m. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo.
Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.
Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Friday, September 2. If you have questions, please call Darla Yacub at (916) 658-8254.
Attachments:
• Annual Conference Voting Procedures
• Voting Delegate/Alternate Form
17.3 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org Annual Conference Voting Procedures
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate.
6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate.
7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting.
17.4 CITY:________________________________________
2022 ANNUAL CONFERENCE
VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Friday, September 2, 2022. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.
To vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.
Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk.
1. VOTING DELEGATE
Name:
Title:
2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: Name:
Title: Title:
ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).
Name: ____________________________________ Email_________________________________ Mayor or City Clerk_________________________ Date____________ Phone________________ (circle one) (signature) Please complete and return by Friday, September 2, 2022 to:
Darla Yacub, Assistant to the Administrative Services Director E-mail: [email protected]; Phone: (916) 658-8254
17.5 CITY COUNCIL
AGENDA REPORT
DATE: 06/16/2022
AGENDA OF:
DEPARTMENT:
06/28/2022
Economic Development
SUBJECT: Declaring 400 Square Feet of APN 003-184-04 Currently Included Within the Boundaries of Derby Park and Located Behind 412 Woodland Way, as Exempt Surplus Property Pursuant to the Surplus Lands Act (Cal. Govt.
Code § 54220, et seq.), and Approving the Transfer of the Property to the Owner of the Adjacent Property, 412 Woodland Way (ED)
RECOMMENDATION: Motion to:
1) Adopt a resolution declaring an approximately 400 square foot portion of a City-owned parcel designated in the records of the Santa Cruz County Assessor as APN-003-184-04 as exempt surplus property pursuant to the “Surplus Lands Act” (Cal. Govt. Code § 54220, et seq.); and 2) Approve the transfer of an approximately 400 square foot portion of APN 003-184-04 from the City to Robin Bass, owner of the contiguous property APN 003-184-15, known as 412 Woodland Way.
BACKGROUND: In August 2020, the privately owned property known as 412 Woodland Way (APN 003-184-15, Lot 3 of Block 19 of the Swanton Beach Park Subdivision) (the “Property”) was sold. The new owner (“Owner”) discovered during the purchase process that the fencing at the rear of the property, which aligns with the fencing of the neighboring properties, was not the actual legal boundary line of the rear portion of the Owner’s property. The rear line of the property abuts Derby Park (“Park”), and approximately 400 square feet of the Owner’s back yard is actually within the boundaries of the Park, as shown on the below map.
18.1 The Owner asked why there was a discrepancy, and how they could acquire this small piece of property.
Staff researched the issue and learned that the Swanton Beach Park Subdivision, created in 1909, included streets and alleyways and the subdivision map includes a notation that the roads, streets, and alleys shown are “dedicated for public use.” In 1968 the City abandoned a number of streets and alleyways in this subdivision, including the alley on Block 19, which ran behind the Property. When an alley is abandoned by the City, the abandoned area is to be divided equally between the landowners lying on either side of it. All the parcels on Woodland Way except 412 Woodland Way seem to have appropriately received their portion of the abandoned alleyway. The County Assessor Parcel maps also show the Property as smaller than the adjacent lots, demonstrating that none of the alley abandonment property was allocated to the Property.
Staff contacted Bowman and Williams, the local firm which mapped the subdivision reorganization in 1968, to see if they could shed light on the situation. They verified the abandonment of the alley, and the requirement that the abandoned property be granted equally to the adjacent property owners. They could see no reason why the Property would intentionally be smaller than the other properties, short of a property transfer between the then owner of the Property and the owner of Lot 10, which lies behind the Property. A review of the County Recorder’s transfer documents for the period between 1968 and 1976 revealed no such transfer; nor was there any legal description for either parcel other than the reference to lot and block. (If a more detailed “metes and bounds” legal description had been located, related documents may have shed light on the circumstances leading to the size discrepancy.) Given the information from Parks and Recreation records and from Bowman and Williams, and with input from the City Attorney, staff concluded that the parcel maps are incorrect, due to an untraceable error that occurred more than fifty years ago.
The small property under consideration has never been included in park use and has long been fenced in alignment with the adjacent properties and used by the owner(s) of 412 Woodland Way as part of their rear yard. It is probable that neither the early owners of the property nor the City were aware there was any discrepancy. The City wishes to correct this early error, and to transfer the property to the current owner of 412 Woodland Way. Because the small area should have been included in the Property over fifty years ago, the City would not sell the small area, but would allow the Owner to complete a lot line adjustment, at the Owner’s expense, and to record the new map incorporating the new property descriptions for both 412 Woodland Way and for the City-owned parcel. The Property is currently a 4,880 square foot parcel, and the addition of this small exempt surplus property would create a 5,000+ square foot conforming residential lot size and property lines matching those of adjacent parcels.
DISCUSSION: Under the statutes that comprise the California Surplus Land Act (the “Act”) (Cal. Govt.
Code § 54220, et seq.), when a local agency sells or leases land that is no longer necessary for the agency’s use, it must declare that the land is surplus and not necessary for the agency’s use, and, if appropriate, must prioritize it for affordable housing, open space, and other state purposes if it meets certain criteria.
The Act applies to land meeting the criteria set forth in the statutes, unless it qualifies as “exempt surplus land.” “Surplus land” is broadly defined as land owned in fee by any local agency “for which the agency’s governing board takes formal action in a regular public meeting declaring the land is surplus and is not necessary for the agency’s use.” “Exempt Surplus Land” as defined in the Act falls into several categories; CA Government Code Section 54221(f)(1)(E) states that surplus land that is a former street, right of way, or easement, and is conveyed to an owner of an adjacent property, is exempt from the requirements of the Act.
The small area the Owner of 412 Woodland Way is seeking to acquire readily meets the definition of “exempt surplus land” because it was formerly an alleyway and will be conveyed to the Owner of a contiguous
18.2 parcel. The transfer will not be implemented until a legal description has been developed and will occur through a lot line adjustment.
Health in All Policies. The three pillars of Health in All Policies include equity, public health, and sustainability. The proposed action would correct an error that actually deprived a property owner of land to which they were legally entitled, and it would promote sustainability by creating a 5,000+ square foot conforming residential lot size.
FISCAL IMPACT: The proposed transfer of property will be done at no cost to the City. It would have minimal fiscal impact, likely a very slight increase in property taxes, of which the City receives a portion.
Prepared by:
Marty Ackerman
Development Manager
Submitted by:
Bonnie Lipscomb
Economic Development
and Housing Director
Approved by:
Matt Huffaker
City Manager
ATTACHMENTS:
1) Resolution
2) Exhibit A
18.3 RESOLUTION NO. NSA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ DECLARING
A PORTION OF A FORMER ALLEYWAY CONSISTING OF A SMALL PORTION (APPROXIMATELY 400 SQ. FT.) OF A PARCEL AT THE EDGE OF DERBY PARK,
DESIGNATED IN THE OFFICIAL RECORDS OF THE SANTA CRUZ COUNTY ASSESSOR AS APN 003-184-04, AS EXEMPT SURPLUS PROPERTY PURSUANT TO THE “SURPLUS LANDS ACT” (Cal. Govt. Code § 54220, et seq.), AND NOTIFICATION OF INTENT TO
TRANSFER FEE INTEREST TO THE CONTIGUOUS PROPERTY OWNER
WHEREAS, in 1968 the City of Santa Cruz abandoned a number of alleyways and streets within the Swanton Beach Park Subdivision on the west side of Santa Cruz, including the alleyway between Woodland Way and what is now Derby Park on Block 19 of the subdivision (hereinafter “Alleyway”), and
WHEREAS, it is the practice when abandoning public rights of way, including alleyways, to equally allocate the abandoned property to the properties lying on either side of the abandoned alleyway; and
WHEREAS, the entirety of the abandoned portion of the Alleyway between Lot 3 Block 19 (APN 003-184-15) and Lot 10 Block 19 (APN 003-184-04) was erroneously allocated to the owner of Lot 10, instead of equally to the owners of Lot 3 and Lot 10, as shown on the map attached hereto as Exhibit A; and
WHEREAS, the current owner of Lot 3, Block 19, known as 412 Woodland Way, (the “Owner”) has requested that this error be corrected, and the property be granted to her; and WHEREAS, the City wishes to rectify this long-standing mistake by granting approximately 400 square feet of former alleyway property, consisting of a portion of APN 003-184-04 (the “Property”) to the Owner; and
WHEREAS, The California Surplus Land Act (Cal. Govt. Code § 54220, et seq.) (the “Act”) requires that when a local agency disposes of land that is no longer necessary for the agency’s use and which meets certain criteria, it must prioritize the sale or lease for affordable housing, open space, and other state purposes unless the land is determined to be exempt; and WHEREAS, pursuant to California Government Code Section 54221(f)(1)(E), surplus land that is a former street, right of way, or easement, and is conveyed to an owner of adjacent property is exempt from the requirements of the Act;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Santa hereby finds, determines and declares as follows:
1. That the foregoing Recitals are true and correct; and
2. That the City Council has evaluated and determined that land intended to be conveyed to the owner of APN 003-184-15, contiguous to the Property, is a formerly abandoned
18.4 RESOLUTION NO. NSalleyway, not needed for the City’s use or purposes, and is hereby declared “exempt surplus land” pursuant to Section 54221(f)(1)(E) of the Surplus Lands Act; and
3. That the Property be granted to the owner of 412 Woodland Way; and
4. That the conveyance of the Property is dependent upon the completion of a lot split and legal description of the Property.
PASSED AND ADOPTED this 28th day of June, 2022 by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: _____________________________
Sonja Brunner, Mayor
ATTEST: ____________________________
Bonnie Bush, City Clerk Administrator
18.5 18.6
City Council
AGENDA REPORT
DATE: 06/16/2022
AGENDA OF: 06/28/2022
DEPARTMENT: Economic Development
SUBJECT: Pacific Station North Affordable Housing Transit-oriented Development Project Ground Lease Authorization for 902, 912 and 920 Pacific Avenue and 333 and 423 Front Street (ED)
RECOMMENDATION: Resolution authorizing the City Manager to enter into any lease(s) and related amendments or documents needed thereto of a non-substantive nature, in a form acceptable to the City Attorney, for real property located at 902, 912 and 920 Pacific Avenue and 333 and 423 Front Street (APN's 005-152-30, -31, -32, -33 and -05) between the City of Santa Cruz, Santa Cruz Metropolitan Transit District (METRO) and/or First Community Housing or its affiliate for the previously approved mixed-use affordable housing project on the subject site.
BACKGROUND: On January 26, 2021, the City Council approved several entitlements related to the development project located at 902, 912 and 920 Pacific Avenue and 333 and 423 Front Street (APN's 005-152-30, -31, -32, -33 and -05, the “Project”) to create a feasible Project site for developing up to 120 affordable rental units with a maximum household income average of 60% Area Median Income (AMI) and commercial uses on the lower levels as well as a redeveloped downtown transit METRO Pacific Station. The City has fee simple interest of 333 Front Street, APN 005-152-32 and METRO has fee simple interest of the additional adjoining parcels 902, 912 and 920 Pacific Avenue and 423 Front Street (APN's 005-152-30, -31, -33 and - 05).
DISCUSSION: Over the last five years, the City has been assembling parcels near the downtown Santa Cruz Metro Center in order to partner with Santa Cruz METRO on developing a new transit center that includes affordable housing and other mixed-use development uses including new retail and office spaces (Pacific Station North). While the Project has been previously approved by the City Council, in order to move forward utilizing funding awarded to the Project, the City needs to enter into a lease(s) with the affordable housing developer, First Community Housing (FCH) or its affiliate, per State funding requirements. The City and FCH have successfully been awarded several State grants and loans totaling over $51M for the Project through the Affordable Housing Sustainable Communities program, the Infrastructure and Infill program and the Local Housing Trust Fund program.
It is anticipated that Pacific Station North will include between 120-140 affordable housing units, depending on final floor plan layout, with a 60% maximum average AMI or lower.
Consideration of increasing the affordable housing units in the project will be considered as a separate agenda item for Council consideration. In order to be eligible for various additional
19.1 public and private funding programs, FCH must demonstrate site control along with the City of the parcels proposed for development. This site control may be in the form of a ground lease, and given the City’s investment in the project and desire for long-term downtown revitalization, staff is recommending a ground lease at this time in order to retain long-term site ownership and control of various components of the project, including commercial selection and ongoing lease revenue.
Staff recommends that the City Council adopt a resolution authorizing the City Manager to enter into one or more ground leases for the above-described City-owned parcel to FCH and/or its affiliate for a period of 55 years minimum from Certificate of Occupancy at a lease fee of $1 annually. This lease would only include the affordable housing and FCH would be solely responsible for the development of the improvements and the ongoing operation and maintenance of the affordable rental housing during the lease term. The City plans to enter into separate leases with the commercial tenants upon completion of the Project.
Health in All Policies (HiAP)
HiAP is a collaborative approach to improving the health of all people by incorporating health considerations into decision-making across sectors and policy areas. HiAP is based on 3 pillars:
equity, public health, and sustainability. The goal of HiAP is to ensure that all decision-makers are informed about the health, equity, and sustainability impacts of various policy options during the policy development process. With the Project located in the downtown, it encourages a sustainable and healthy lifestyle allowing residents to walk and ride to the job center and commercial uses in the downtown vicinity. The site will also include the Metro station allowing for residents and downtown visitors to use public transit to gain access to other areas of the city, thereby further promoting sustainable transportation use. By providing 100% affordable rental apartments, this will not only help the City with a more sustainable supply of rental housing, the affordable rentals will also help create a more inclusive equitable community.
FISCAL IMPACT: There is no impact to the General Fund by approval of the recommended actions. Once the development is complete, significant revitalization efforts will be completed in lower Pacific Avenue in addition to the much-needed affordable housing that include a new METRO transit station, new commercial retail and a new public paseo pedestrian enhancement connecting to the Riverwalk that will substantially increase the vitality and help sustain the downtown economy. The City will additionally receive increased revenue from future commercial tenants in the Project.
Prepared By:
Jessica de Wit
Housing and Community
Development Manager
Submitted By:
Bonnie Lipscomb
Director of Economic
Development
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. RESOLUTION.DOCX
19.2 RESOLUTION NO. NSRESOLUTION FOR THE CITY COUNCIL OF THE CITY OF SANTA CRUZ
AUTHORIZING THE CITY MANAGER TO ENTER INTO LEASE(S) AND ANY
AMENDMENTS OR DOCUMENTS NEEDED THERETO OF A NON-SUBSTANTIVE
NATURE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY FOR REAL PROPERTY LOCATED AT AND ADJACENT TO 902, 912, AND 920 PACIFIC AVENUE AND 333 AND 423 FRONT STREET (APNs 005-152-30, -31, -32, -33, AND -05) WHEREAS, all or a necessary quorum and majority of the City Council of the City of Santa Cruz, a California Municipal Corporation, (“City”) hereby consents to, adopts and ratifies the following resolution:
WHEREAS, the City of Santa Cruz, applicant for properties located at 902, 912 and 920 Pacific Avenue and 333 and 423 Front Street (“applicant”), also known as Assessor’s Parcel Numbers 005-152-30, -31, -32, -33, and-05 applied for a General Plan Amendment, Zoning Map Amendment, Local Coastal Program Amendment, Coastal Permit and Boundary Line Adjustment for the proposed reconfiguration of parcels and land use designations; and WHEREAS, the Planning Commission conducted a public hearing on December 17, 2020, and recommended approval; and
WHEREAS, on January 26, 2021, the City Council held a public hearing and approved the General Plan Amendment, Zoning Map Amendment, Local Coastal Program Amendment, Coastal Permit and Boundary Line Adjustment for the proposed reconfiguration of parcels and land use designations; and
WHEREAS, the City, on behalf of the City’s Affordable Housing Trust Fund, has fee simple interest in the parcel identified as 333 Front Street (APN 005-152- 32) and the Santa Cruz Metropolitan Transit District (METRO) has fee simple interest in the adjoining parcels identified as 902, 912 and 920 Pacific Avenue and 423 Front Street (APNs 005-152-30, -31, - 33 and -05);
WHEREAS, the City’s Affordable Housing Trust Fund is authorized to act as the trustee/manager in connection with its above-described fee simple parcel and METRO is authorized to act as trustee/manager in connection with its above-described fee simple parcels; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz as follows:
In partnership with METRO, the City plans to adjust the boundary lines of the abovedescribed APNs to create a 100% affordable housing rental project with a maximum average of 60% AMI and commercial uses on the lower levels as well as a redeveloped downtown transit METRO Pacific Station.
SECTION 1. That the City’s Affordable Housing Trust Fund is hereby authorized to act as the trustee/manager in connection with the City fee simple parcel pursuant to the above-described
19.3 RESOLUTION NO. NSCity Council approval.
SECTION 2. Pursuant to State funding requirements, the City, acting with the City’s Affordable Housing Trust Fund, shall enter into a ground lease with an affordable housing developer for the affordable housing portion of the City-owned project and may enter into separate leases for the Project’s commercial portion. The Project’s affordable housing ground lease shall include but not be limited to the following terms: the Lessee shall be First Community Housing, Inc./a to be formed Limited Partnership or its affiliate, and the lease term shall be a minimum of fifty-five years from Certificate of Occupancy with $1 per year lease payment amount. The Lessee shall be solely responsible for the development of the improvements and ongoing operation and maintenance through the lease term.
SECTION 3. City Manager or Economic Development Director are authorized to execute the project’s ground lease and leases, any subsequent amendments or modifications thereto, as well as any other related documents.
PASSED AND ADOPTED this 28th day of June, 2022 by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED:
Sonja Brunner, Mayor
ATTEST:
Bonnie Bush, City Clerk Administrator
19.4 City Council
AGENDA REPORT
DATE: 06/20/2022
AGENDA OF: 06/28/2022
DEPARTMENT: Planning and Community Development/Economic Development SUBJECT: Use of AB 2162 Streamlining for Pacific Station North Affordable and Supportive Housing Project (PL/ED)
RECOMMENDATION: Resolution establishing a policy under California State Assembly Bill 2162 that authorizes a unit increase to a maximum of 140 units as a use by right for the Pacific Station North Affordable and Supportive Housing Project that was previously approved for 120 units as a use by right.
BACKGROUND: Assembly Bill 2162 (AB 2162) was signed into law in 2018, establishing supportive housing projects of up to 50 units in the City of Santa Cruz as uses by right in zones where multi-family housing and mixed-use development is permitted. AB 2162 also stipulates that Council can approve a policy by resolution increasing the amount of units in a qualifying supportive housing project that can be deemed a use by right. Most recently, Council approved a resolution on January 26, 2021, approving a higher use by right unit maximum for two supportive housing projects, Calvary Church at 538 Cedar Street and Pacific Station North (Pac North), a City-owned parcel at 920 Pacific Avenue and 333 Front Street. Calvary Church was approved as a use by right for up to 75 units and Pacific Station North was approved for up to 120 units. Detailed information about AB 2161, the projects, and policy support can be found in the attached City Council AB 2162 Staff Report of January 26, 2021.
The Pac North supportive housing project now requests authorization for up to 140 units as a use by right instead of its previously approved 120 unit maximum.
DISCUSSION: The City of Santa Cruz supports the production of affordable housing. While increased housing of all types is needed throughout the City, housing for the City’s lowest income and most vulnerable populations remains the scarcest. Supportive housing development as a use by right in certain zoning districts streamlines the development process and encourages the production of affordable and supportive housing units that are most needed in Santa Cruz.
The attached resolution would set forth a policy that increases the previously approved 120-unit limit to 140 units for the Pac North project (see Resolution attachment). More information on the supportive housing project and why it now requires a maximum of 140 units is below.
METRO Pacific Station North. The proposed METRO Pac North project located at 920 Pacific Avenue and 333 Front Street is a transit-oriented development that consists of 100% affordable housing, commercial uses on the ground floor and a new Santa Cruz Metropolitan Transit
20.1 District facility that will improve transit ridership services. Over the past couple of years, the City, in partnership with the Santa Cruz Metropolitan Transit District (METRO) and the affordable housing non-profit provider, First Community Housing (FCH), have successfully secured several State Housing and Community Development (HCD) funding awards, including Affordable Housing Sustainable Communities, Infill & Infrastructure, and Local Housing Trust Fund, portions of which are allocated to the Pac North affordable housing and the planned new METRO transit station downtown.
At the time when this item first came to Council on January 26, 2021, the Pac North project development plans had yet to be prepared but the City had anticipated that there would be up to 120 affordable rental apartments for households with an average income of 60% of the Area Median Income or less, including a minimum of 25% supportive housing units for households that are homeless or at risk of being homeless.
As the project plans have been taking shape over the last year, it has become clear that the additional units make the project more feasible with the proposed construction type, and it is anticipated that the building will still be within the original approved maximum permitted height limit of 88 feet. Staff now recommends the AB 2162 City policy increase the use by right process limit for this project from 120 to 140 units. While the latest project design plans anticipate approximately 130 units, staff is recommending a slight buffer up to 140 units as the plans are being finalized.
As stated above, it is anticipated that the building will still be within the original approved maximum permitted height limit with the prior utilization of State bills AB 2162 and AB 1763.
Since the building is planned to use environmentally sustainable materials with the goal of reaching the highest Leadership in Environmental Design (LEED) certification, this total unit increase will make the more expensive cost of these better quality materials more affordable on a per apartment basis, which meets State funders’ cost containment requirements.
The environmental sustainability features will include but are not limited to a high-performance building envelope that maximizes energy efficiency by minimizing heating and cooling loads and a solar array that will generate on-site renewable energy to power the new bus station facility and the affordable housing, mixed-use building. In addition to funding a substantial portion of the affordable housing and transit station improvements, the State HCD funding will provide bike and pedestrian improvements in this area of the downtown that will provide increased and safer connections to the Riverwalk, METRO station and other key destinations in the City.
Health in All Policies. The proposed resolution is consistent with the Health in All Policies pillars of equity, public health, and sustainabilty in that it would encourage housing for extremely low, very low, low income, and homeless populations; improve public health outcomes by providing permanent housing and onsite assistance for vulnerable populations; and improve the City’s housing resiliency through increased affordability options.
Environmental Review. State law has determined that any qualifying supportive housing under AB 2162 would not be considered a “project” under environmental review and therefore would not be subject to CEQA. The Pac North project is in the Downtown area, so mitigation measures from the Mitigation, Monitoring, and Reporting Plan in the Downtown Area Plan Environmental Impact Report are enforced.
20.2 FISCAL IMPACT: The proposed policy could result in a minor reduction in General Fund revenue due to lower permit fee revenue. However, the Municipal Code allows for 100 percent affordable projects to request waiver of permit fees, so any reduction in permit fee revenue could be offset by waivers. Whether an actual reduction in General Fund revenue would result from the policy or not, this policy would streamline the Pac North project, saving considerable staff time in processing the application.
Prepared By:
Matt VanHua
Principal Planner
Jessica De Wit
Housing & Community
Development Manager
Submitted By:
Lee Butler
Director of Planning &
Community Development
Bonnie Lipscomb
Director of Economic
Development & Housing
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. RESOLUTION.DOCX
2. CITY COUNCIL AB 2162 STAFF REPORT OF JANUARY 26, 2021.DOC
20.3 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ
ESTABLISHING A POLICY TO AUTHORIZE THE INCREASE IN THE NUMBER OF USE
BY RIGHT SUPPORTIVE HOUSING DEVELOPMENT UNITS ALLOWED UNDER STATE ASSEMBLY BILL 2162 FROM 50 UNITS TO UP TO 140 UNITS FOR ONE SPECIFIED
QUALIFYING DEVELOPMENT
WHEREAS, the State of California passed Assembly Bill 2162 (AB 2162) in 2018 to amend Section 65583 of and to add Article 11 (commencing with Section 65650) to Chapter 3 of Division 1 of Title 7 of the Government Code, relating to land use.
WHEREAS, AB 2162 defines supportive housing development and requires the City of Santa Cruz to allow supportive housing development of 50 units or fewer as a use by right on property where multi-family residential and mixed-use development is permitted.
WHEREAS, AB 2162 expressly allows for jurisdictions to develop a policy to increase the use by right unit limit for qualifying supportive housing to more than 50 units.
WHEREAS, addressing homelessness is urgent, as communities across the state face public health emergencies and evidence shows supportive housing—an affordable rental with intensive services promoting housing stability—works to reduce chronic homelessness.
WHEREAS, the City of Santa Cruz supports the production of housing for its lower income and vulnerable populations.
WHEREAS, State law has determined that any qualifying supportive housing under AB 2162 would not be considered a “project” under environmental review and therefore would not be subject to CEQA, even if a Design Permit is required.
WHEREAS, on January 26, 2021, the City Council approved a resolution adopting policy with conditions to allow a supporting housing project located at 920 Pacific Avenue and 333 Front Street (Pacific Station North) as a use by right for up to 120 units as part of AB 2162.
WHEREAS, in order to make the project more feasible for the construction type, the Pacific Station North supportive housing project requires additional units beyond 120, up to 140.
WHEREAS, the City of Santa Cruz accepted public testimony and received a written and verbal report at its June 28, 2022 meeting that provided additional supporting reasoning for expanding the applicability of AB 2162.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz as follows:
SECTION 1. Under AB 2162, the City shall allow up to 140 units as a use by right for the Pacific Station North qualifying supportive housing project located at 920 Pacific Avenue and 333 Front Street.
20.4 SECTION 2. As part of and in order to qualify for this Council-adopted policy, the specified project shall continue to be subject to the following affordable housing and supportive services conditions:
1. The Project must comply with all provisions of Government Code Section 65650 et seq, including, but not limited to, the requirement that one hundred percent (100%) of the Project units (excluding the manager’s unit) must be restricted to lower income households at 80% AMI or less for a minimum term of 55 years from Certificate of Occupancy and will receive public funding to ensure affordability to lower income households.
2. Twenty-five percent (25%) of the Project units (the supportive housing units) must be restricted to residents in supportive housing who meet the criteria of the target population (as defined in Section 65650) and shall be restricted to households earning 30% AMI or less for a minimum term of 55 years from Certificate of Occupancy.
3. Twenty percent (20%) of the Project units (the inclusionary units) will be restricted to households earning 80% AMI or less in perpetuity, in compliance with the City’s inclusionary housing requirements set forth at SCMC Chapter 24.16 Part 1.
4. Developer/owner shall enter into and record an affordable housing development agreement with the City, in a form reasonably determined by the City, prior to or concurrently with the final parcel map or final subdivision map approval, or prior to issuance of a building permit for any structure in the residential development, whichever occurs first. The agreement shall run with the land and bind all future owners and successors in interest.
5. The Developer/owner shall annually meet the California TCAC’s most currently published Operating Cost per Unit Minimums for the Special Needs category type and be subject to the City’s annual review in coordination with the County. The Developer/owner shall pay all monitoring fees adopted by the City.
6. Developer/owner shall enter into a Memorandum of Understanding with a resident services provider approved by the City to meet the needs of the supportive housing units, including but not limited to lease-up, placement and supportive services in coordination with the County and the County’s Coordinated Entry System.
7. The Developer/owner shall retain a professional property management agent and resident services provider (Management Agent) approved by the City in its reasonable discretion.
The Project will, at all times, be managed by an experienced Management Agent with demonstrated ability to operate residential facilities like the Project in a manner that will provide decent, safe, and sanitary housing. Developer/owner shall submit, for the City’s information and approval, the identity of any proposed Management Agent and such additional information regarding the background, experience and financial condition of any proposed Management Agent as is reasonably necessary to review Developer/owner’s selection of such agent. The City may require the replacement of the Management Agent if the terms of the affordable housing agreement are violated.
20.5 SECTION 3. Once the application for the qualifying supportive housing project above 50 development units has been deemed complete, the City would follow the AB 2162 use by right streamlined approval process. Given the project is on City-owned land, a ministerial building permit approval is required.
PASSED AND ADOPTED this 28th day of June, 2022, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: __________________________
Sonya Brunner, Mayor
ATTEST: ___________________________
Bonnie Bush, City Clerk Administrator
20.6 City Council
AGENDA REPORT
DATE: 01/21/2021
AGENDA OF: 01/26/2021
DEPARTMENT: Planning and Community Development
SUBJECT: AB 2162 Affordable, Supportive Housing Projects – Increase in the Number of Units Allowed as a Use by Right (PL)
RECOMMENDATION: Resolution establishing a policy that authorizes an increase in the 50- unit use-by-right limit to a limit of 75 units for one specified project and 120 units for another specified project of affordable, supportive housing developments that comply with requirements set in California State Assembly Bill 2162.
BACKGROUND: The State of California supports the development of affordable housing, especially for lower-income and housing-insecure persons. As part of this support, the State Legislature passed Assembly Bill 2162 (AB 2162), signed into law by Governor Newsom in 2018, amending Government Code Section 65583 and adding Article 11 (commencing with Section 65650) to Chapter 3 of Division 1 of Title 7 of the Government Code, relating to land use. This bill requires the streamlining of supportive housing by requiring approval of such projects by right in zones where multi-family housing and mixed-use development is permitted (See Attachment 2 – Assembly Bill 2162 Text).
A qualifying supportive housing project is defined as 100% of the units being affordable to lower income levels only and includes at least 25 percent of the units in the development or 12 units, whichever is greater, for residents in supportive housing who meet criteria of the “target population” (defined below). If the development consists of fewer than 12 units, then 100 percent of the units, excluding managers’ units, in the development shall be restricted to residents in supportive housing. Lower income levels refer only to the State-defined Extremely Low, Very Low, and Low levels and do not include the Moderate income level.
A target population means persons, including persons with disabilities and families who are “homeless,” as that term is defined by Section 11302 of Title 42 of the United States Code, or who are “homeless youth,” as that term is defined by paragraph (2) of subdivision (e) of Section 12957 of the Government Code. Individuals and families currently residing in supportive housing also meet the definition of target population if the individual or family was homeless when approved for tenancy in the supportive housing project in which they currently reside.
Under AB 2162, supportive housing’s “use by right” means it does not require discretionary review, including use permits. The bill allows the City to determine if a Design Permit is required and if design review is needed. AB 2162 states that even when a Design Permit is required, supportive housing would not require environmental review. As part of this bill and
20.7 through other legislation (AB 1763), an additional incentive is provided to build supportive housing in well-served urban areas in that no on-site parking is required for the residential component of buildings if the development is within ½ mile of a public transit stop.
Finally, AB 2162 stipulates:
“If the proposed housing development is located within a city with a population of fewer than 200,000 or the unincorporated area of a county with a population of fewer than 200,000, and the city or the unincorporated area of the county has a population of persons experiencing homelessness of 1,500 or fewer, according to the most recently published homeless point-in-time-count, the development, in addition to the requirements of subdivision (a), shall consist of 50 units or fewer to be a use by right pursuant to this article. A city or county described in this subdivision may develop a policy to approve as a use by right proposed housing developments with a limit higher than 50 units.” The City’s most recent homeless population point-in-time-count was performed in 2019 and counted 1,197 homeless individuals - near the 1,500-person threshold but not over it. Since Santa Cruz is within the thresholds, the State requirement for use by right supportive housing is 50 or fewer units. However, the bill allows for a City to develop a policy to approve a use by right limit greater than 50 units.
August 25, 2020 Council Hearing
A policy to allow three specific supportive housing projects over 50 units to receive the AB 2162 by right process was approved by City Council on August 25, 2020. The three projects were New Way Homes at 115 Coral Street, Pacific Station South (818-822 Pacific Avenue and 325 Front Street), and 314 Jessie Street. Of these three projects, only one project (Pacific Station South) now intends to utilize that policy. The New Way Homes project opted to continue with the standard hearing body process, and 314 Jessie Street decided to remain at 50 units so it does not need a unit increase policy.
The policy also included a Design Permit process for qualifying, privately-owned AB 2162 projects, as allowed under the legislation. It was determined that for properties where the City owns all or part of the land, a Design Permit would not be required because the City is in a position where it already has greater control over the development outcomes. The City has an ability to dictate project characteristics such as site design or building materials and the City can ensure that environmental protections are incorporated into the project. The publicly-owned projects would be approved ministerially, solely through a building permit under the previouslyapproved policy.
However, for projects on private property, the previously-approved policy dictated that a Design Permit is required, because in these instances, the City’s ability to influence project design through solely a ministerial building permit is less certain. A Design Permit offers a process that not only gives the City an opportunity to ensure high quality site and building design, but it also provides an opportunity to apply conditions of approval that could be more challenging to achieve solely through a ministerial permit, such as standard mitigation measures like tree replacement conditions. While AB 2162 states that CEQA cannot apply to the Design Permit process, standard measures could still be included as conditions on the Design Permit.
Additionally, Council also approved the requirement that an AB 2162 project requiring a Design Permit also be required to hold at least one community meeting as part of the design review
20.8 process. This type of AB 2162 project needing a Design Permit would be approved administratively under the previously-approved policy.
Since the August 25, 2020 Council meeting, two new supportive housing projects over 50 units have asked the City for a policy allowing them to use an AB 2162 by right process.
DISCUSSION: The City of Santa Cruz supports the production of affordable housing. While increased housing of all types is needed throughout the City, housing for the City’s lowest income and most vulnerable populations remains the scarcest. Based on the State’s most recent Regional Housing Needs Allocation (RHNA) numbers, Santa Cruz is meeting its affordable housing production requirements at all affordability levels except Very Low Income. Per AB 2162 definitions, supportive housing is allowed only for lower income individuals and requires a certain amount of units for housing people that are homeless. As stated in Section 50675.14 of the Health and Safety Code: “‘Supportive housing’ means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community.” Supportive housing development as a use by right in certain zoning districts streamlines the development process and encourages the production of affordable and supportive housing units that are most needed in Santa Cruz.
The City is only required to allow up to 50 units of supportive housing by right under AB 2162.
However, the bill expressly states that a city can develop a policy to allow use by right supportive housing projects greater than 50 units, and the City has done so already for three prior projects – two of which did not end up utilizing the policy. There are two new supportive housing projects that are asking for a higher by-right unit limit which will aid them through reduced processing time and costs. The attached resolution would set forth a policy that maintains Council’s prior direction on the design permit process applicability for privatelyowned properties and increases the 50-unit limit to 75 units for one project and to 120 units for another project (see Attachment 1 – Resolution). This allowance would only apply to the two specific projects described below.
Calvary Church
Calvary Church, located at 538 Cedar Street, is proposing a three-story, 65-unit supportive housing development on a portion of its parking lot between Center Street and Cedar Street.
While in the early stages of the design process, the project currently proposes several features that seek to improve the existing parking lot space. Approximately 2,900 square feet of retail is proposed along Cedar Street to activate the frontage of the building facing the downtown core and the future mixed-use library site. Residents of the development will have access to an exercise room, lounge, and outdoor common spaces as well as the many amenities and transportation options downtown Santa Cruz has to offer. As anticipated in the Downtown Plan and pursuant to a condition in the attached resolution, the development would include a public paseo that runs through the block between Center Street and Cedar Street, breaking up the long block, providing more downtown access, and creating space for pedestrian amenities.
Of the approximately 65 units, 25% will be offered as supportive housing (per AB 2162), while the applicant has indicated that the remaining 75% of the units are proposed to be rented to Very Low and Low income households, 20% and 60% of the area median income level (AMI).
Depending on the household size, 20% AMI ranges from $18,540 to $30,720 and 60% AMI
20.9 ranges from $55,620 to $85,800. The project’s bond funding application is due on February 5, 2021, and the developers seek to include Council’s AB 2162 authorization in their application.
The developers are actively reaching out to agencies like Housing Matters in Santa Cruz to coordinate the management of their supportive services. The Housing Authority of the County of Santa Cruz has conditionally approved the awarding of project-based vouchers (PBV) (see Attachment 3 – Cedar Street PBV Approval Letter).
Because the project is in such an early design phase with only a preliminary site plan currently provided, staff proposes that the Council Policy include several design conditions to help ensure ideal development outcomes even if the project goes through a streamlined approval process.
Examples of these design conditions include a minimum width for the paseo, a minimum square footage of retail, and quality materials consistent with the Downtown Plan. One condition will also require the applicant to design, construct, and maintain the proposed paseo. Please refer to Attachment 1, the resolution, for more details on the conditions. Since the project currently proposes 65 units, staff recommends the policy have a limit of 75 units to provide for some flexibility as the design of the project evolves. On-site parking for the residential component of a development is not required under current State legislation given the project’s proximity to the Metro transit station, but commercial development would still be subject to parking requirements.
Planning and Community Development and Economic Development Departments’ staff have also developed conditions that specifically address the nature of the affordable housing and supportive services on site. These conditions in the Council policy would ensure that the project is compliant with the AB 2162 supportive housing requirements as well as the City’s inclusionary housing requirements. These conditions also seek to ensure the proper management of qualified supportive services on site (see Attachment 1 – Resolution).
METRO Pacific Station North
The proposed METRO Pacific Station North project located at 920 Pacific Avenue and 333 Front Street is a transit-oriented development that consists of 100% affordable housing, commercial uses on the ground floor and a new Santa Cruz Metropolitan Transit District facility that will improve transit ridership services. The City and Santa Cruz Metropolitan Transit District (SCMTD) have entered into a Memorandum of Understanding and are planning to apply as co-applicants for the upcoming California Department of Housing & Community Development (HCD) Infill Infrastructure Grant program (IIG) and Affordable Housing Sustainable Communities (AHSC) funding programs in early 2021. These funding programs are highly competitive and only offered on an annual basis. In addition, the IIG program is at risk of being discontinued next year. The City and SCMTD must bring a developer on board that can demonstrate the necessary affordable housing development experience to qualify for the funding. The AHSC funding program also has a threshold requirement that the project must have entitlements approvals at the time of funding application submittal to qualify for the funding, which is why the AB 2162 streamlining process is being recommended for this project. The Council is considering separate actions on this same January 26, 2021 agenda that would facilitate this development.
This past fall, the City and SMTD issued a request for proposals from the City’s qualified pool of affordable housing developers to select a developer to be a co-applicant for the upcoming HCD funding applications. With local experience in the County and the City, First Community Housing was chosen as the non-profit affordable housing developer to build this mixed-use
20.10 housing and transit station. While project development plans have yet to be prepared, the City anticipates that there will be up to 120 affordable rental apartments for households with an average income of 60% of the Area Median Income or less, including a minimum of 25% supportive housing units for households that are homeless or at risk of being homeless. Staff recommends the policy increase the by right process limit for this project to 120 units.
In addition to the affordable housing, SCMTD customer service and office space, as well as other commercial space, will be provided on the ground floor fronting Pacific Avenue. First Community Housing is planning to certify this 100% affordable housing and mixed-use project with a Leadership in Energy and Environmental Design (LEED) Platinum rating, which is LEED’s highest rating achievable in energy and environmental sustainability for new construction. The environmental sustainability features will include but are not limited to a highperformance building envelope that maximizes energy efficiency by minimizing heating and cooling loads and a solar array that will generate on-site renewable energy to power the new bus station facility and the affordable housing, mixed-use building. In addition to funding a substantial portion of the affordable housing and transit station improvements, the State HCD funding will provide bike and pedestrian improvements in this area of the downtown that will provide increased and safer connections to the Riverwalk, METRO station and other key destinations in the City.
Because the project is on public property, staff maintains some control over the design and can incorporate standard measures (such as archeological monitoring or tree replacements) and mitigations from the Downtown Area Plan Environmental Impact Report into the project. The project would not need a design permit under the previously-approved AB 2162 policy decision, and staff does not recommend additional design conditions at this time. Staff recommends that the Council policy still include the conditions on affordable housing and supportive housing to ensure proper management throughout the life of the development (see Attachment 1 – Resolution).
Policy Support
Most of the City’s affordable housing goals are found in the Housing Element but the General Plan does include support for streamling housing production:
LU3.1.1 Encourage through incentives and expedited permit processing a variety of housing types, when appropriate.
The Housing Element includes a section on affordable housing goals. Goal 2 of the Housing Element is: “Increased and protected supply of housing affordable to extremely low, very low, low, and moderate income households.” Below are select policies that support Goal 2:
Policy 2.2 Facilitate the development of affordable housing through the provision of regulatory concessions, financial incentives and assistance, density bonuses, and other means.
Policy 2.3 Collaborate with nonprofit organizations, private developers, employers, special needs groups, state and federal agencies, and other interested parties to develop affordable housing.
Health in All Policies
The proposed resolution is consistent with the Health in All Policies pillars of equity, public health, and sustainabilty in that it would encourage housing for extremely low, very low, low
20.11 income, and homeless populations; improve public health outcomes by providing permanent housing and onsite assistance for vulnerable populations; and improve the City’s housing resiliency through increased affordability options.
Environmental Review
State law has determined that any qualifying supportive housing under AB 2162 would not be considered a “project” under environmental review and therefore would not be subject to CEQA.
That said, the Council may be interested in knowing that both projects are in the Downtown area so mitigation measures from the Mitigation, Monitoring, and Reporting Plan in the Downtown Area Plan Environmental Impact Report are enforced. As noted above, Design Permit conditions on private property would follow the City’s standard measures such as tree replacement standards.
Conclusion
As previously mentioned, two affordable and supportive housing developers could immediately benefit from increasing the use by right incentives in AB 2162. The subject policy would streamline affordable, supportive housing development by reducing staff and developer costs and time, thereby speeding the delivery of these units. Only the two specified projects could utilize this policy. Any future proposals that desire this benefit beyond these two (and which exceed 50 dwelling units in size) would require further action from Council, so the proposed policy is limited in its scope and allowances. To promote the development of a greater number of housing units for the City’s populations that are most in need of affordable and supportive housing, staff recommends that Council approve the resolution establishing a policy and its project conditions therein to increase the 50-unit use-by-right limit on supportive housing to 75 units for one specified project and 120 units for one specified project.
FISCAL IMPACT: The proposed policy could result in a minor reduction in General Fund revenue due to lower permit fee revenue. However, the Municipal Code allows for 100 percent affordable projects to request waiver of permit fees, so any reduction in permit fee revenue could be offset by waivers. Whether an actual reduction in General Fund revenue would result from the policy or not, this policy would streamline two supportive housing projects, saving considerable staff time in processing applications.
Prepared by:
Matt VanHua
Principal Planner
Submitted by:
Lee Butler
Director of Planning and
Community Development
Approved by:
Martin Bernal
City Manager
ATTACHMENTS:
Resolution
Assembly Bill 2162 Text
Cedar Street PBV Approval Letter
20.12 City Council
AGENDA REPORT
DATE: 06/13/2022
AGENDA OF: 06/28/2022
DEPARTMENT: Finance
SUBJECT: Pass Through Agreement with Volunteer Center of Santa Cruz County - Transportation Development Act (TDA) Claimant (FN)
RECOMMENDATION: Motion to:
1) Authorize and direct the City Manager to execute an agreement, in a form approved by the City Attorney, with Volunteer Center of Santa Cruz County, allowing the City to act as claimant for funds obtained from the Santa Cruz County Regional Transportation Commission (SCCRTC) for FY 2023; and
2) Authorize funding of $107,813 for FY 2023.
BACKGROUND: The Volunteer Center of Santa Cruz County relies on funding from the SCCRTC to support its programs. The City annually serves as a pass-through agent between the Volunteer Center and the SCCRTC. Accordingly, the Volunteer Center is again requesting that the City act as claimant for funds for the coming FY 2023. Since the Volunteer Center is unable to act as claimant for itself, it must request that an outside entity perform this service.
DISCUSSION: The Santa Cruz County Regional Transportation Commission has budgeted $107,813 for FY 2023. This is typically disbursed in one lump-sum payment. Details of the agreement are in attached Exhibits:
- A, Program Description/Scope of Work;
- B, TDA FY 2022 and FY 2023 Budget;
- C, Volunteer Center Letter of Request; and
- D, SCCRTC Apportionment Schedule.
As noted in the SCCRTC Apportionment Schedule, the SCCRTC has granted funding to Volunteer Center for $107,813 for FY 2023.
The City contract stipulates in Item 2 (see "Agreement") that the City will make the payment to the Volunteer Center based on the amount received from the SCCRTC in each fiscal year. In addition, SCCRTC bylaws language stipulates that changes may occur in funding amounts, as needed, during the course of a fiscal year.
FISCAL IMPACT: The City of Santa Cruz will serve as a pass-through agent, with no fiscal impact on the City.
21.1 Prepared By:
Nicholas Gong
Acting Finance Manager
Submitted By:
Bobby Magee
Interim Finance Director
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. AGREEMENT.PDF
2. EXHIBITS A-D.PDF
21.2 21.3
21.4 21.5
21.6 Exhibit A
VOLUNTEER CENTER OF SANTA CRUZ COUNTY
1740 17th Avenue Santa Cruz, CA 95062 427-5070
PROGRAM DESCRIPTION/SCOPE OF WORK
VOLUNTEER CENTER'S TRANSPORTATION
PROGRAM Fiscal Year 2022-23
A. TARGET POPULATION
Seniors age 60+ and older adults with disabilities
B. SERVICE GOALS
Our goal is to provide 4,000 one-way trips to eligible clients. Clients will be limited to a maximum of two rides per week. Our priority for filling requests is as follows:
1st Priority
2nd Priority
3rd Priority
Medical requests for target population.
Shopping requests for target population.
Other essential destinations
These trips will be targeted for geographic distribution as follows:
Rides % of Rides #Clients
Santa Cruz/Mid-County/Aptos/Capitola 2000 50% 100
San Lorenzo/Scotts Valley 1000 25% 50
Watsonville/ Freedom 1000 25% 50
In considering geographic distribution of services, our goal is to provide extra support in those areas which are outside the boundaries of Liftline services, or which receive limited Liftline service and have limited public transit services.
C. PROGRAM ACTIVITIES
1. The Volunteer Center will maintain volunteers Monday- Friday 10:00 a.m. to 2:00 p.m.
2. When possible, the Volunteer Center will refer those callers whose requests cannot be accommodated through our program to other programs such as Liftline and Metro.
3. The Volunteer Center will continue its intensive campaign to recruit new drivers
4. Volunteer Center staff will attend meetings of the E& DTAC of the RTC.
21.7 .
D. QUARTERLY REPORTS
Volunteer Center of Santa Cruz Transportation Program TDA Funding Quarterly Reports and Final Activities Report are due to the Transportation Commission and the City of Santa Cruz according to this schedule:
Quarterly Activities Report 1: October 25, 2022
Quarterly Activities Report 2: February 8, 2023
Quarterly Activities Report 3: April 26, 2023
Quarterly Activities Report 4: July 26, 2023
The reports will contain the following information for each center and total:
1. Number of rides/deliveries provided
2. Trip destinations
3. Mileage claimed
4. Estimated total mileage
5. Average length of trip
6. Number of unduplicated passengers
7. Number of requests forservice
8. Number of turndowns
9. Reason for turndowns
10. Number of active volunteers
11. Geographic distribution of clients
E. INSURANCE
Comprehensive auto and general liability insurance over and above that held by the driver will be maintained by the Volunteer Center in the amount of $1,000,000 per occurrence.
F. CLAIM
One claim will be submitted for advance payment for the year:
Annual Advance - July, 2022
$ 107,813
21.8 PROGRAM NAME:
FISCAL YEAR:
REVENUES
Exhibit B
Volunteer Center Transportation
2022-2023 2021-2022
4008 Unallocated Funds
4295 Transportation
Commission
5001 Hourly Wages
75,390
62,682
4000 PUBLIC SUPPORT |Donations
TOTAL CURRENT YEAR REVENUES
Budget Unit Name TransportationTransp/GSP
Budget Unit Number 05 05
107,813
1,000
87,351
107,813 88,351
SUBTOTAL BENEFITS & TAXES. 107,813 88,351
6012 Auditing Expense 500 500
6018 Copies 300 300
6032 Equipment 400 500
6151 Background Checks 550 550
6039 Facility Maintenance 200 200
6040 Insurance, General 630 600
6042 Insurance, Volunteer 1,900 1,600
6050 Postage 450 400
6009 Recruitment/Marketing 2,000 1,500
6061 Rent 2,000 2,000
6078 Office Supplies 900 500
6081 Computer Software & Fees 500 600
6098 Mileage, Volunteers 3,500 3,000
6100 Telecommunication 2,500 2,200
6125 Utilities 600 500
6150 Volunteer Recognition 400 350
6160 Admin Fees 15,093 12,369
TOTAL CURRENT EXPENSES 107,813 88,351
21.9 April 27, 2022
Nicholas Gong
Finance Department
333 Front Street S
Santa Cruz, CA 95060
Dear Nicholas,
This letter serves as our request that the City of Santa Cruz act as the Transportation Development Act (TDA) claimant for the Volunteer Center of Santa Cruz Transportation Program through the Santa Cruz County Regional Transportation Commission.
Our agency remains committed to serving the senior and disabled population of Santa Cruz County.
Please see Exhibit A to review Program Responsibilities and Exhibit B to review our proposed Budget for fiscal year 2022-23.
Thank you for your continued support of the Volunteer Center Transportation Program.
Warm Regards,
Tara Ireland
Senior Programs Director
Volunteer Center of Santa Cruz County
Exhibit C
21.10 Exhibit D
From: Tracy New [mailto:[email protected]]
Sent: Friday, April 29, 2022 2:14 PM
Subject: RE: TDA Pass-Through
21.11 City Council
AGENDA REPORT
DATE: 06/13/2022
AGENDA OF: 06/28/2022
DEPARTMENT: Finance
SUBJECT: Pass-through Agreement with Community Bridges/Consolidated Transportation Services Agency (CTSA) / State Transit Assistance (STA) of Santa Cruz County - Transportation Development Act Claimant (FN) RECOMMENDATION: Motion to authorize and direct the City Manager to execute an agreement in a form approved by the City Attorney with Community Bridges / Consolidated Transportation Services Agency (CTSA) / State Transit Assistance (STA) to allow the City to act as claimant for funds obtained from the Santa Cruz County Regional Transportation Commission (SCCRTC) for FY 2023.
BACKGROUND: Community Bridges relies on funding from the SCCRTC to support its programs. The City annually serves as a pass through agent between Community Bridges and the SCCRTC. Accordingly, Community Bridges is again requesting that the City act as claimant for funds for the coming FY 2023. Since Community Bridges is unable to act as claimant for itself, it must request that an outside entity perform this service.
DISCUSSION: The SCCRTC has budgeted $905,632 for CTSA operations as well as $204,158 in STA funding, which will each be disbursed in four installments during the fiscal year. Please see Community Bridges’ Letter of Request and related Exhibits:
- A, Operating and Capital Budget;
- B, CTSA Five Year Capital Improvement Plan;
- C, Operating Plan;
- D, Schedule of Payments;
- E, Statement of Role and Responsibility;
- F, Reporting Period;
- G, Operating Statistics;
- H, Community Bridges Agency Board Resolution; and
- I, SCCRTC Apportionment Schedule.
The City contract stipulates in Item 2 (see "Agreement") that the City will make payments to Community Bridges for the amount received from the SCCRTC in each fiscal year. In addition, SCCRTC bylaws language stipulates that changes may occur in funding amounts, as needed, during the course of a fiscal year.
22.1 FISCAL IMPACT: The City of Santa Cruz will serve as a pass-through agent, with no fiscal impact on the City.
Prepared By:
Nicholas Gong
Acting Finance Manager
Submitted By:
Bobby Magee
Interim Finance Director
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. LETTER OF REQUEST DATED JUNE 6, 2022.PDF
2. AGREEMENT.PDF
3. EXHIBITS A - I.PDF
22.2 June 6, 2022
Bobby Magee
Interim Finance Director
City of Santa Cruz
333 Front Street, Suite 200
Santa Cruz, California 95060
RE: CTSA/City of Santa Cruz Claim for FY 2022/2023 TDA/STA Revenues Dear Mr. Magee:
This letter serves as Community Bridges request for the City of Santa Cruz to continue act as the claimant for the Consolidated Transportation Services Agency (CTSA) for Transportation Development Act (TDA) and State Transit Assistance (STA) funding through the Santa Cruz County Regional Transportation Commission (SCCRTC) in the Year 2022/2023.
We understand the SCCRTC will allocate $905,632 for CTSA operations as well as $204,158 in STA funding.
These funds will be used to operate a variety of specialized transportation services throughout Santa Cruz County serving low-income seniors and residents with disabilities who are unable to utilize traditional public transit.
These funds will allow Community Bridges' Lift Line to continue to operate a variety of vital specialized transportation programs serving low-income seniors and disabled individuals who are unable to utilize traditional public transit. TDA funds will be used for the Taxi Scrip programs operating in South and North County, non-emergency medical transportation, and transportation to Meals on Wheels Senior Dining Centers and Elderday Adult Day Health Center. The STA funds will be used for Same Day and Out of County program through the whole FY22-23, helping connect seniors, veterans and medically complex children and individuals to need medical services.
Enclosed are the following:
1. 2022/2023 TDA Claim Form, Written Report of Activities, and CHP Inspection Report
2. 2022/2023 Operating & Capital Budget (Exhibit A, pages 1-2)
3. CTSA Five Year Capital Improvement Plan (Exhibit B)
4. Operating Plan (Exhibit C-1, pages 1-2 & C-2, page 1)
5. Schedule of Payments Requested (Exhibit D)
6. Statement of Role and Responsibility (Exhibit E)
7. CTSA Reporting Period & Performance Measures (Exhibit F) Community Bridges’ Lift Line attests to the accuracy of the claim and all its accompanying documentation. I hope this claim can be submitted to the Santa Cruz City Council for approval at its upcoming meeting. If you require any additional information, please contact me at 831-688-8840 or
22.3 [email protected].
On behalf of Lift Line clients and Community Bridges, I thank the City Council and its staff for its continued support of these vital transportation service programs\ Thank you,
Raymon Cancino, CEO
Cc: N. Duarte
N. Gong
D. Underhill
S. McGibben
22.4 22.5
22.6 22.7
22.8 COMMUNITY BRIDGES - LIFT LINE / CTSA EXHIBIT A, Page 1 of 2 TDA 2022-2023 BUDGET
1,109,733 300-71.0
TDA/STA Non-TDA CTSA TDA/STA Non-TDA CTSA
2022-23 2022-23 2022-23 2021-22 2021-22 2021-22
ACCOUNT TITLE BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET PERSONNEL:
Salaries & Wages 488,959 509,776 998,735 434,313 438,558 872,871 Fringe Benefits: Unemployment 4,889 5,098 9,987 6,515 705 7,220 Workers Comp 14,810 27,927 42,737 17,721 18,477 36,198
Health Insurance 64,551 67,307 131,858 27,037 57,453 84,489 FICA 37,401 38,998 76,399 33,225 34,069 67,294
401K Plan 11,474 11,964 23,438 8,486 8,849 17,335
TOTAL PERSONNEL COSTS: 622,084 661,070 1,283,154 527,296 558,111 1,085,407 SERVICES & SUPPLIES:
OPERATING:
Vehicle Operations-Fuel 39,391 41,073 80,464 31,359 32,698 64,058 Vehicle Licenses 4,565 4,760 9,325 3,944 4,112 8,055
Vehicle Repair & Maintenance 16,967 17,691 34,658 17,715 18,471 36,186 Vehicle Insurance 37,711 39,321 77,032 36,501 38,059 74,560 Communications-Radio 34,387 35,855 70,242 21,979 22,917 44,896 TOTAL VEH. OPERATING COSTS: 133,020 138,700 271,720 111,497 116,258 227,755 OTHER OPERATING & ADMINISTRATION COSTS:
Professional Services 0 51,093 51,093 2,524 38,703 41,227 Janitorial Services/Supplies 3,947 4,115 8,062 3,347 3,490 6,837 Legal services/Audit 0 10,949 10,949 0 18,085 18,085
Publicity/Media 0 13,155 13,155 0 13,145 13,145
Special Events 0 389 389 0 378 378
Staff travel 1,266 0 1,266 0 259 259
Minor Equipment 3,373 3,517 6,891 3,275 3,415 6,690
Equip Maintenance/Repair 6,828 7,119 13,947 6,629 6,912 13,540 Office Supplies 954 995 1,949 1,313 579 1,892
Program Supples 4,566 4,761 9,327 3,955 4,124 8,079
Vehicle Maintenance Supplies 218 228 446 39 394 434
Computer Supplies/Related 287 300 587 279 291 570
Postage 1,123 1,171 2,295 1,091 1,137 2,228
Utilities 13,463 14,037 27,500 12,239 12,761 25,000
Space Maintenance 4,248 4,430 8,678 6,979 7,277 14,256
Telephone 1,480 1,544 3,024 1,553 1,383 2,936
Misc Fees 2,034 2,121 4,155 2,073 2,161 4,234
Staff Training 1,982 2,067 4,049 3,655 3,811 7,466
Insurance-General Liability & Fidelity 3,844 4,009 7,853 1,963 5,890 7,853 Memberships/Subscriptions 1,930 2,012 3,942 690 3,137 3,827 Printing & Copying 1,383 1,442 2,825 686 2,057 2,743
Advertising (Recruitment) 650 678 1,328 65 1,837 1,901
Interest Expense 0 59,000 59,000 0 75,333 75,333
Subsidized Taxi - Elderday Rides 0 3,180 3,180 0 3,873 3,873 Subsidized Taxi - MOW Rides 0 0 0 0 0 0
Subsidized Taxi - LL Rides 0 32,956 32,956 7,357 35,114 42,471 Subsidized Taxi - Scrip 19,721 0 19,721 19,147 0 19,147 Nonsubsidized Taxi-Measure D Svcs 0 17,000 17,000 0 42,199 42,199 Trxfer to/from Equip Reserve 32,389 23,317 55,706 82,092 0 82,092 300 Facilility Reserve 49,620 0 49,620 0 0 0
Major Equipment - 5310 0 0 0 0 0 0
Major Equipment - Carb 203,997 203,997
Major Equipment - Non-5310 58,542 170,487 229,029 37,608 20,934 58,542 300 Property Fixed Asset 0 411,117 411,117 0 301,222 301,222 Leasehold Improvements 0 0 0 0 0 0
Debt Repayment 0 0 0 0 20,182 20,182
Agency Overhead 140,835 125,369 266,205 122,015 137,734 259,749 TOTAL ADMINISTRATION COSTS: 354,686 972,557 1,327,243 320,574 971,813 1,292,387 TOTAL EXPENDITURES 1,109,790 1,772,327 2,882,117 959,367 1,646,182 2,605,549 TOTAL REVENUES 1,109,790 1,772,327 2,882,117 959,367 1,652,702 2,612,069 NET GAIN (LOSS) (0) (0) (0) 0 6,520 6,520
22.9 COMMUNITY BRIDGES - LIFT LINE / CTSA EXHIBIT A, Page 2 of 2 TDA 2022-2023 BUDGET
TDA/STA Non-TDA CTSA TDA Non-TDA CTSA
2022-23 2022-23 2022-23 2021-22 2021-22 2021-22
ACCOUNT TITLE BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET REVENUE:
TDA 905,632 0 905,637 859,367 0 859,367
STA 204,158 0 204,158 100,000 0 100,000
City of Watsonville 0 0 0 0
County of Santa Cruz 15,000 15,000 15,000 15,000
County of SC-Measure D Sales Tax 1,045,000 1,045,000 981,927 981,927 CARB 202,648 202,648 202,648 202,648
LCTOP 7,000 7,000 7,360 7,360
Transfer From Measure D Reserve 0 0 0 0
Area Agency on Aging-Title IIIB 20,000 20,000 45,043 45,043 FTA Section 5310-Expanded 99,500 99,500 136,674 136,674 Monterey Peninsula Foundation 40,000 40,000 40,000 40,000 Kaiser Grant 0 30,000 30,000
Outside Contracts-Other 14,675 14,675 22,776 22,776
Scrip - Client Payments 5,747 5,747 6,667 6,667
MOW Intra-Program Charges 22,500 22,500 22,500 22,500
Elderday Intra-Program Charges 270,000 270,000 118,250 118,250 Donations 15,100 15,100 8,700 8,700
Program Income-Other 0 0 0
Vehicle Maintenance Intra-Program Charges 12,157 12,157 12,157 12,157 Vehicle Sales 3,000 3,000 3,000 3,000
TOTAL REVENUES 1,109,790 1,772,327 2,882,117 959,367 1,652,702 2,612,069
CTSA CTSA CTSA
FINAL BUDGET BUDGET
OPERATING FUND SOURCES FY 20-21 FY 21-22 FY 22-23
TDA 697,240 859,367 905,632
STA 100,000 100,000 204,158
TDA Reserve Fund 57,700 0 0
City of Capitola 5,900 0 0
City of Watsonville 3,500 0 0
County of Santa Cruz 15,000 15,000 15,000
County of SC-Measure D Sales Tax 923,256 981,927 1,045,000 CARB 44,952 202,648 202,648
LCTOP 33,579 7,360 7,000
FTA Section 5310-Trad 3,136 0 0
Area Agency on Aging-Title IIIB 38,043 45,043 20,000
FTA Section 5310-Expanded 122,446 136,674 99,500
Monterey Peninsula Foundation 40,000 40,000 40,000
Kaiser Grant 20,000 30,000 0
Outside Contracts-Other 2,400 22,776 14,675
Scrip - Client Payments 5,204 6,667 5,747
Scrip - Health Project Center 0 0
MOW Intra-Program Charges 22,500 22,500 22,500
Elderday Intra-Program Charges 118,250 270,000
Donations 10,335 8,700 15,100
PPP Loan Forgiveness 224,532 0 0
Vehicle Maintenance Intra-Program Charges 20,963 12,157 12,157 Vehicle Sales 6,500 3,000 3,000
SUBTOTAL REVENUES 2,397,186 2,612,069 2,882,117
SECTION 5310 - PASS THRU 0 0
CARB 0 0
LCTOP 0 0
TOTAL REVENUES 2,397,186 2,612,069 2,882,117
22.10 EXHIBIT B
CTSA FIVE YEAR CAPITAL IMPROVEMENT PLAN 22/23
FISCAL YEARS: 22/23 THROUGH 26/27
CAPITAL REVENUE
Projected
2022-2023
Projected
2023-2024
Projected
2024-2025
Projected
2025-2026
Projected
2026-2027
Fund Balance $103,326 $115,748 $91,265 $41,265 $41,368
FTA Section 5310 $210,000 $0 $210,000 $0
Addition to Fund
Fund Interest
$55,706
$258 $289 $228 $103 $104
Total $159,290 $326,037 $91,265 $251,368 $41,472
CAPITAL EXPENDITURES
2022-2023 2023-2024 2024-2025 2025-2026 2026-2027
EquipmentPurchase
Major Maintenance
$43,542
$0
$234,772
$0
$50,000
$0
$210,000
$0
$0
$0
Total $43,542 $234,772 $50,000 $210,000 $0
Year-End Balance $115,748 $91,265 $41,265 $41,368 $41,472 Notes:
1 As capital grants are indefinite, and as capital equipment arrival dates vary, projected figures may require adjustment.
2 In FY 2021-2022 Lift Line is paying $43,542 from TOA fund balance, an additional payment for the Ecolane transit scheduling software. The purchase of the solutions including the implementation of the software, hardware, and training is a capitalized purchase over a time-frame of 3 fiscal years, that began in January, 2021. A final payment of $24,772 will be made in FY 2023-2024.
3. Lift Line is applying for $210,000 in equipment funding for vehicle and computer purchase in FY 2023-2024 and 2026-2027.
4. FY 2024-2025 is a projected $50,000 matching fund expense for EV projects.
22.11 EXHIBIT C-1
Lift Line / CTSA
FY22/23 OPERATING PLAN
The Lift Line program provides demand-responsive, specialized non-emergency health and medical transportation for low-income seniors and disabled residents of Santa Cruz County.
Riders are not charged a fare for the service. Service is generally provided from 8:00 AM to 4:00 PM, seven days a week (with the exception of published holidays), while Lift Line also coordinates additional services on behalf of its clients outside these hours.
Service is focused on individuals that live outside the METRO ParaCruz service area, those who are unable to afford the METRO ParaCruz fare, those that do not meet the ADA complementary paratransit eligibility requirements, those needing same day service, and those that need a higher level of service than can be provided by METRO ParaCruz. Lift Line operates a fleet of 19 wheelchair accessible vans. Transportation is provided to destinations such as doctors’ offices, pharmacies, Elderday Adult Day Health Care, Senior Dining Centers, out of county medical destinations, dialysis sites, and various medical therapy appointments. Clients are generally asked to book their medical rides between 8:30am and 3:30pm.
Lift Line is seeking to continue TDA Medical Rides service and ensure this service reaches those with the most need. Lift Line projecting 6,027 TDA Medical Rides for FY 22/23. The TDA Medical Rides program serves as a safety net service for medical rides outside the ADAmandated METRO paratransit service areas. Eligible individuals may schedule rides to medical destinations as late as one day in advance, with no fares collected. Currently all of the residents that receive medical rides are low income and below the federal 200% poverty level. Lift Line staff continue to update participant applications to reflect the new Federal Government poverty level guidelines to ensure income and disability eligibility is maintained by participants.
Lift Line also coordinates with the local taxi companies to offer the Taxi Scrip (TS) program.
Lift Line is projecting 2,279 Taxi Scrip rides in FY 22/23.
The Taxi Scrip program serves as a safety net service for medical rides and non-medical rides needed outside the ADA-mandated METRO paratransit service areas. Individuals may purchase subsidized taxiscrip so that they can directly schedule taxi rides. Taxi companies own and operate vehicles that are fully accessible for mobility devices such as wheelchairs. Currently all residents that receive Taxi Scrip at a discount are low income and below the federal 200% poverty level. Lift Line staff continue to update the TDA applications to reflect the new Federal Government poverty level guidelines. Area taxi service providers include: Courtesy Cab, and Santa Cruz Cab. Lift Line provides ongoing monitoring and assessment of the program to ensure that eligibility criteria are met, safety criteria are met by subcontractors, and to ensure there is no abuse of this vital program.
Currently clients can purchase three $10.00 books, for a total of $30.00 worth of scrip, for $8.00 which would give them approximately one (1) or two (2) rides per book. There is currently a limit to purchase six books per person per quarter.
Lift Line is projecting 7,099 Meals on Wheels rides for FY 22/23, 4,465 of which will be funded with TDA funds.
We are on track to meet our projected goal for the current fiscal year. Lift Line will continue to coordinate with the Meals on Wheels program to help them meet any increase attendance demands at all of the senior dining centers. Lift Line continues to meet with the Meals on Wheels Program Director and site managers to review unmet transportation service needs.
22.12 Exhibit C – 1
Lift Line / CTSA 22/23 Operating Plan
Lift Line is projecting 20,120 Elderday rides in FY 22/23, of which 8,700 are funded by TDA.
The Elderday program provides outpatient adult day health care to seniors and community residents who need constant care, and/or are diagnosed with dementia or Alzheimer’s disease. Almost all of these participants use wheelchairs or walkers, and require vans with lifts. Generally, these clients are very frail and need personal, door-to-door assistance. Elderday rides are reflective of the level of client service that Lift Line drivers provide to patients with critical needs.
Lift Line staff will continue to work with the Santa Cruz County Regional Transportation Commission’s Elderly and Disabled Transportation Advisory Committee (E&D TAC) in identifying and addressing unmet needs. Lift Line continues to work with the E&D TAC in meeting the Unmet Transit and Paratransit Needs as well as the recommendations of the Paratransit Coordination Task Force. For those who don’t qualify for METRO ParaCruz or MediCal assistance, we will continue to help them complete the required paperwork to make it easier for them to use the current TDA programs that meet their specific needs. In our role as the Consolidated Transportation Service Agency, Lift Line will continue working with other transportation providers to ensure maximum efficiency and coordination of rides for all residents.
Lift Line will continue to focus its resources on transportation needs that are not being met by other paratransit services, such as ADA-mandated METRO ParaCruz. Through TDA funding, Lift Line will continue to serve those not eligible for METRO ParaCruz service, specifically lowincome individuals who cannot afford the $8.00 to $12.00 round-trip METRO ParaCruz fare, those who don’t meet the strict ADA qualifications, and those with origins/destinations outside of the METRO ParaCruz service area. Because Lift Line provides safety net services to those ineligible or unable to use other services, its goal is to provide flexible programs, scheduling, and dispatching that can respond to the changing needs of all participants.
Community Bridges maintains comprehensive auto and general liability coverage, including the City of Santa Cruz and SCCRTC as additional insured parties. A copy of each insurance certificate shall be filed with the City and with SCCRTC.
22.13
T:\GRANT MGMT\LIFT LINE\22-23\GRANTS & CONTRACTS\TDA-STA Claim\TDA 22-23 LL Opers Exhibit C-2
OPERATION PLAN SERVICE OF UNITS
EXHIBIT C-2
2022/2023
TABLE 1 - TDA/STA PROPOSED SERVICE UNITS
TAXI MEDICAL MEALS ON STA TOTAL TOTAL
SCRIP TDA WHEELS ELDERDAY FUNDING UNITS
FUNDS ALLOCATED $47,584 $499,182 $97,466 $205,694 $204,158 $1,054,084
OPERATING COST
$12.78 $31.77 $11.65 $12.26 $42.31
A. PROGRAM MANAGEMENT
i.e., Mgmt Personnel: Director, Fleet Mgr, Admin $5.07 $31.38 $7.67 $7.72 $24.13 Asst, Info Mgr, Rent, Liability Insur., Phone,
Supplies, etc.
B. ADMINISTRATION
14.5314% of total cost per unit. $3.03 $19.67 $2.51 $3.66 $11.30 TOTAL COST PER SERVICE UNIT $20.88 $82.83 $21.83 $23.64 $77.74 22/23 PROJECTED TDA/STA UNITS OF SERVICE 2,279 6,027 4,465 8,700 2,626 24,097 EQUIPMENT PURCHASE MATCH $55,706
TOTAL TDA/STA CLAIM REQUEST $1,109,790
NON-TDA SUPPORTED
TABLE 2 - OTHER CTSA SERVICE UNITS
Meals on Elderday Measure D 5310 Total Total
Wheels Services Paratransit Medical Units
Funds Allocated $57,500 $270,000 $514,028 $99,500 $941,028 Revenue per Service Unit $21.83 $23.64 $98.85 $77.74
21/22 Projected Units of Service 2,634 11,420 5,200 1,280 20,534 Other Income $90,679
Total Operating Income $1,031,707
Measure D Facility/Equip/Project Funds $530,972
CARB - Capital Equipment $202,648
LCTOP $7,000
TDA/ STA Claim $1,109,790
Grand Total $2,882,117
ROLLUP OF ALL RIDES
TABLE 3 - ALL SERVICE UNITS TOTALED ( Total tables 1 and 2, units of service, to equal table 3 totals) Taxi TDA/5310 Meals on Elderday Measure D Total
Scrip Medical Wheels Services Paratransit STA Units
21/22 Total Ride Projections 2,279 7,307 7,099 20,120 5,200 2,626 44,631
22.14 Exhibit D
Schedule of Payment
FY: 2022-2023 TDA and STA
Claim Lift Line CTSA
TDA
July 15, 2022 $298,858.00
October 15, 2022 $202,258.00
January 15, 2023 $202,258.00
April 15, 2023 $202,258.00
Total $905,632.00
STA
1st Quarter $51,039.50
2nd Quarter $51,039.50
3rd Quarter $51,039.50
4th Quarter $51,039.50
Total $204,158.00
Preferred Method and Schedule for TDA fund distribution: Quarterly disbursement, with up to 33% in first quarter, and the remaining quarterly payments being one-third of the remaining claim amount.
22.15 EXHIBIT E Lift Line / CTSA
22/23 Statement of Role and Responsibility
Community Bridges has been the designated Consolidated Transportation Services Agency (CTSA) since 1982. CTSAs are authorized under California Government Code Sections 15975 and 15950-15952 which were enacted pursuant to the Social Service Transportation Improvement Act.
The purpose of the CTSA is to improve transportation required by social service recipients by promoting the consolidation and coordinating of social service transportation. As the Consolidated Transportation Service Agency, Community Bridges Lift Line will continue to coordinate and consolidate transportation services with other transportation and human service agencies in order to provide the most efficient transportation possible. Lift Line will continue to work with Santa Cruz County School Districts, Human Services Department of the County of Santa Cruz, County Office of Education, Veterans Service Offices in Santa Cruz and Palo Alto, Hospice of Santa Cruz County, as well as hospitals and other medical facilities. Community Bridges Lift Line will also continue working closely with the RTPA and to help with the unmet needs identified in the TriCounty AMBAG Coordinated Plan. Community Bridges Lift Line will also continue working with local non-profit organizations and other human service and medical facilities in neighboring counties to continue to define and create an effective mobility management center to help mobilize resident with various disabilities, low income and senior populations to travel easily throughout our County as well as to travel seamlessly throughout our tri-county Monterey Bay region and the San Francisco Bay Area.
As the CTSA, Community Bridges Lift Line will continue coordination to improve and identify the need for specialized transportation equipment. If the equipment funded through Caltrans 5310 isn’t reaching its proposed requirements through their contract, the equipment can be recaptured and its use coordinated through other identified paratransit service needs. We will continue to offer training to ensure that not only Lift Line staff operates in a safe and sensitive manner, but will continue to offer expertise and training for other transportation providers in the County.
Pursuant to the CTSA designation for Santa Cruz County, Community Bridges operates the Lift Line transportation program, which will continue to take a lead, and work closely with the RTPA, to continue to help identify unmet transportation needs, coordinate and provide social service transportation services to low-income seniors, disabled residents, underserved populations and other identified individuals in Santa Cruz County. Lift Line will continue to directly address the issues identified through the unmet needs process by providing rides to medical appointments (including dialysis), alternative care, mental health and various medical transportation needs.
22.16 Exhibit F
Reporting Period and
Performance Measures FY:
2022-2023 TDA Claim
Community
Bridges' Lift Line
CTSA
Reporting Period Due
1. Fiscal Year: 2021/22 11/15/22
2. 1st Quarter, 7/1/22 through 9/30/22 01/15/23
3. 2nd Quarter, 10/1/22 through 12/31/22 04/15/23
4. 3rd Quarter, 1/1/23 through 3/31/23 07/15/23
5. 4th Quarter, 4/1/23 through 6/30/23 11/15/23
6. Annual Evaluation, Fiscal Year 2022/2023 11/15/23
Performance Measures to be included in Quarterly Reports The quarterly reports are to include the following:
1. Unduplicated passengers per month
2. Total passenger trips (units of service) per month
3. Incidents per month
4. Accidents per month
5. Mechanical failures* (including lift failure) per month
6. No-shows per month
7. Turndowns or referrals per month
8. Cancels per month
9. Donations per month
10. Total operating cost per passenger
11. Total operating cost per vehicle service hour
12. Total passengers per vehicle service hour
13. Total passengers per vehicle service mile
14. Van mileage per program
*Mechanical failure means any problem which results in a delay of one hour or longer, or cancelation
22.17 Exhibit G-1
Operating Statistics
FY 18-19 FY 19-20 FY 20-21 FY 21-22 to date
July 1-Dec 31 2021
Annual passengers 50,352 40,132 20,970 16,003
Rides/passenger trips provided by type:
Medical 10,716 9,019 11,965 4,747
Amount Spent for Medical $288,796 $454,016 $404,058 $183,495 Meals on Wheels 9,472 6,969 6,141 3,893
Amount spent for Meals on Wheels $106,655 $99,169 $99,239 $64,256 Taxi Script 2,486 1,870 1,740 513
Amount spent for Taxi Script $29,260 $27,171 $31,877 $23,360 Elderday 27,678 22,274 1,124 6,850
Amount Spent for Elderday $396,072 $328,542 $22,165 $94,956 Annual service hours 14,524 15,011 8,494 5,277
Passengers per vehicle service hour* 3.47 3.13 2.45 3.03 Annual service miles 279,974 255,014 159,119 82329
# of fixed-route miles N/A N/A N/A N/A
Service Area – square miles (note: all of Santa Cruz County) 607 607 607 607 Service Area Population 273,170 273,170 273,170 273170
Passengers per vehicle service mile* 0.17 0.15 0.12 0.19 Average passengers per weekday 968 772 403 616
Total operating costs in budget $703,185 $834,857 $733,057 $334,174 Operating cost per vehicle service hour* $48.42 $55.62 $86.30 $63.32 Total operating cost per passenger* $13.97 $20.80 $34.96 $20.88 Average Farebox Revenue per passenger (describe what is included) N/A N/A N/A N/A # of FTE employees (all employees, not just drivers) 24 23 19 19 Vehicle Service hours/Employee* 605 653 447 278
# of routes N/A N/A N/A N/A
Average route length 5.56 6.35 7.59 5.14
Average travel times/rider 0.62 0.85 0.88 0.89
# of bus stops N/A N/A N/A N/A
# of vehicles in operation 19 22 22 22
# of monthly bus passes in circulation N/A N/A N/A N/A
Max vehicles in service at any time: 13 12 8 9
Hours of service: 8-4 PM 8-4 PM 8-4 PM 8-4 PM
Approximate # of unduplicated passengers 2,083 2,097 2,057 1,030 Cost per unit of service plus text about long range plans to make/keep this low $13.97 $20.80 $34.96 $20.88 Funds and percentage spent on administration/overhead/grantee allocation/etc 34.518% 29.827% 37.363% 36.890% $242,726 $249,012 $273,890 $123,276
Actual financials compared with budget ( see Exhibit G-2) Actual number of rides provided compared with goal 119% of goal 95% of goal 48% of goal 53% of annual For the Fiscal Year 2019-2020, Lift Line Provided 40,132 one-way rides to Santa Cruz residents, including medical transportation, Meals on Wheels congregated dining sites, Elderday adult day care transportation, and taxi script vouchers. Lift Line was at 95% of the goal. Due to the COVID-19 pandemic and local government regulation, many doctors cancel rider’s medical appointments and attendance reduced at congregated sites, including Meals on Wheels dining sites and Elderday adult daycare. For 2020-2021, Lift Line provided a 20,970 one-way ride to Santa Cruz county residents. Due to COVID-19 regulations, Lift Line was at 48 % of the goal during FY20-21. State regulations forced the temporary closure to Meals on Wheels dining sites and Elderday adult daycare; this service was operated remotely to comply with the CDC recommendations. Lift Line reduced capacity on vehicles to 4 passengers on a bus and single riders on a minivan to comply with 6 feet of separation guidance. For 2021-2022, Lift Line provided 16,003 rides between July 1st and December 31st, 2021. Lift Line is at 53% of the annual goal. Lift Line is currently on track to making a yearly goal by the end of FY 21-22.
22.18 Exhibit G-2
COMMUNITY BRIDGES - LIFT LINE / CTSA
TDA/STA 2018-19, 2019-20, 2020-21 BUDGET TO ACTUAL
note: STA revenues started in 2019-2020
TDA TDA TDA/STA TDA/STA TDA/STA TDA/STA TDA/STA
2018-19 2018-19 2019-20 2019-20 2020-21 2020-21 2021-22
ACCOUNT TITLE BUDGET ACTUAL BUDGET ACTUAL BUDGET ACTUAL BUDGET PERSONNEL:
Salaries & Wages 314,254 289,292 381,183 352,340 316,215 302,994 362,433 Fringe BenUnemployment 2,357 1,691 2,859 3,264 4,743 3,609 5,211 Workers Comp 18,855 9,076 22,248 11,249 12,551 6,124 14,579 Health Insurance 56,566 38,551 69,692 47,004 34,618 42,411 41,469 FICA 24,040 21,753 29,160 37,275 24,190 22,997 27,726
401K Plan 1,257 1,128 1,525 1,717 3,697 4,503 6,335
TOTAL PERSONNEL COSTS: 417,329 361,490 506,667 452,850 396,015 382,637 457,753 SERVICES & SUPPLIES:
OPERATING:
Vehicle Operations-Fuel 33,143 44,074 40,980 44,385 31,886 28,439 35,336 Vehicle Licenses 1,510 2,604 1,549 2,640 3,834 4,059 3,834 Vehicle Repair & Maintenance 14,116 12,671 14,157 20,143 13,015 8,874 14,603 Vehicle Insurance 35,035 33,896 28,906 57,974 31,025 48,485 39,014 Communications-Radio 6,273 5,724 6,110 7,855 24,290 10,685 25,291 TOTAL VEH. OPERATING COSTS: 90,077 98,969 91,702 132,996 104,049 100,541 118,078 OTHER OPERATING & ADMINISTRATION COSTS:
Professional Services 5,987 19,860 16,369 25,951 2,524 31,167 0 Janitorial Services/Supplies 1,018 2,259 818 4,848 2,565 1,748 2,565 Publicity/Media 0 150 0 0 0 0 0
Staff travel 899 1,700 0 914
Minor Equipment 0 1,441 2,851 1,086 5,240 1,696 2,599
Equip Maintenance/Repair-Trapeze 13,563 3,970 2,825 7,544 5,518 8,557 6,761 Office Supplies 339 1,343 1,380 996 1,313 584 735
Program Supples 1,287 2,173 964 3,228 3,433 4,365 3,181 Vehicle Maintenance Supplies 285 69 93 55 39 32 44
Computer Supplies/Related 1,743 1,008 887 361 566 625 221 Postage 395 486 466 1,414 292 301 1,099
Space Rental 22,338 29,203 18,525 9,648 4,970 0 21,998
Utilities 6,181 12,342 10,932 18,802 3,342 12,101 2,890 Space Maintenance 1,332 1,563 1,117 2,001 1,553 2,341 1,312 Telephone 2,359 2,768 2,037 2,764 2,027 2,151 4,191
Misc Fees 1,770 3,082 2,912 2,881 1,034 4,317 2,025
Staff Training 1,338 690 984 566 1,250 0 3,009
Insurance-General Liability & Fidelity 1,409 1,702 1,783 1,850 690 2,910 3,007 Memberships/Subscriptions 423 404 788 538 199 1,315 309 Printing & Copying 493 665 1,401 1,541 65 141 71
Advertising (Recruitment) 0 145 559 44 0 107 0
Subsidized Taxi 23,722 54,406 18,515 41,576 46,335 68,898 42,615 Trxfer to/from Equip Reserve 0 0 36,089 42,950 0 0 0
Major Equipment - Non-5310 0 0 0 27,855 37,261 24,011 43,542 Agency Overhead 100,786 102,997 117,612 121,316 99,125 106,524 114,828 TOTAL ADMINISTRATION COSTS: 187,668 242,726 227077 319,817 219,342 273,890 257,916 TOTAL EXPENDITURES 695,074 703,185 839,997 905,662 719,405 757,068 833,747 TOTAL REVENUES 695,074 703,185 839,997 905,662 719,405 757,068 833,747 NET GAIN (LOSS) 0 0 0 0 0 0 0
COMMUNITY BRIDGES - LIFT LINE / CTSA
TDA/STA 2018-19 2019-20 2020-21 BUDGET TO ACTUAL
note: STA revenues started in 2019-2020
TDA TDA TDA/STA TDA/STA TDA/STA TDA/STA TDA/STA
2018-19 2018-19 2019-20 2019-20 2020-21 2020-21 2021-22
ACCOUNT TITLE BUDGET ACTUAL BUDGET ACTUAL BUDGET ACTUAL BUDGET REVENUE:
TDA 695,074 695,073 739,997 800,055 619,405 651,864 733,747 STA 0 100,000 100,000 100,000 100,000 100,000
TAXI SCRIPT 8,112 5,607 5,204
TOTAL REVENUES 695,074 703,185 839,997 905,662 719,405 757,068 833,747
22.19 Agency Board Resolution
RESOLUTION # 2022-04-01
RESOLUTION AUTHORIZING COMMUNITY BRIDGES/LIFT LINE TO MAKE A CLAIM FOR FY22/23 TDA/STA FUNDS FROM THE REGIONAL
TRANSPORTATION COMMISSION THROUGH THE CITY OF SANTA CRUZ WHEREAS, the Transportation Development Act (TOA) of 1971 provides that the applicant may file an Article 8 claim for monies from the Local Transportation Fund; and
WHEREAS, the Regional Transportation Commission (RTC) has identified a process for TOA claims in their Rules and Regulations; and WHEREAS, Community Bridges desires to apply for said financial assistance to permit operation of paratransit service in Santa Cruz County; and WHEREAS, the Community Bridges has, to the maximum extent feasible, coordinated with other transportation providers and users in the region (including social service agencies).
NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the Community Bridges does hereby authorize Raymon Cancino, CEO, to file and execute applications on behalf of Community Bridges with the Department to aid in the financing of capital projects pursuant to TOA claim, as amended.
That Raymon Cancino, CEO; Seth McGibben, CAO; Doug Underhill, CFO is authorized to execute and file all certification of assurances, contracts or agreements or any other document required by the Department.
That Raymon Cancino, CEO; Seth McGibben, CAO; Doug Underhill, CFO is authorized to provide additional information as the RTC may require in connection with the application for the TOA claim.
That Raymon Cancino, CEO; Seth McGibben, CAO; Doug Underhill, CFO is authorized to submit and approve request for reimbursement of funds from the RTC for the TOA claim.
PASSED AND ADOPTED by Community Bridges Board of Directors of the Santa Cruz County, State of California. Passed by unanimous consent by proxy vote by the Governance Committee of the Board of Directors on 4/27/22. ___________________________________ ________________________________ ___ Jack Jacobson, Chair Sara Siegel, Secretary
Exhibit H - Agency Board Resolution
22.20 Exhibit I
From: Tracy New [mailto:[email protected]]
Sent: Friday, April 29, 2022 2:14 PM
Subject: RE: TDA Pass-Through
22.21 City Council
AGENDA REPORT
DATE: 06/17/2022
AGENDA OF: 06/28/2022
DEPARTMENT: Finance
SUBJECT: Proposition 4 Appropriations Limit Adjustment Factors (FN) RECOMMENDATION: Resolution approving the selection of the annual adjustment factors to be used in the calculation of the City’s Proposition 4 Appropriations Limit (GANN Limit) based on the adopted budget for FY 2023, with amendments thereto, if any.
BACKGROUND: In 1979, the voters of California approved Proposition 4, also known as the GANN Initiative. This initiative, now Article XIIIB of the State Constitution, was drafted as a companion measure to Proposition 13, which is Article XIIIA of the Constitution. Basically, Article XIIIB establishes a limit on annual appropriations, or spending limit, for all governmental entities in the State of California. In order to comply with Article XIIIB, the City Council is required to select the adjustment factors in both price and population to be used in making the actual calculation of the Appropriations Limit. The Appropriation Limit is determined by multiplying the limit for the prior year by either the percentage change in (a) per capita personal income or (b) non-residential new construction assessed value, and then multiplying the figure resulting from this step by either the percentage change in (a) City population or (b) County population. That figure then becomes the Appropriations Limit for the new fiscal year. The appropriations subject to the limit are those General Fund expenditures that are funded by general taxes. Pursuant to government Code Section 37200, the Appropriations Limit and the total Appropriations Subject to limitation must be published in the annual budget.
DISCUSSION: The City Council is being asked at this time to approve the selection of the adjustment factors that will be used to prepare the appropriations limit calculation. As noted above, the two factors to be selected fall into the categories of price and population. Staff recommends the selection of the change in California per capita personal income (7.55%) for the price category and the selection of the change in County population (-3.20%) for the population category as the adjustment factors, because these selections will maximize the Appropriations Limit and provide the City with a higher ceiling for adopting future City budgets.
Using these factors, and as shown on the attached schedule, the appropriations limit is calculated to be $191,467,841. The City’s spending level is well below this limit.
FISCAL IMPACT: There is no fiscal impact to any City Funds. Calculation is required to show that the portion of the City’s adopted budget which is subject to the limit does not exceed the Appropriations Limit under Proposition 4. The City’s appropriations that are subject to the limit are approximately $101.5 million below the limit for FY 2023.
23.1 Prepared By:
Jillian Morales
Accountant
Submitted By:
Marisol Gomez
Assistant Finance Director
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. RESOLUTION.DOCX
2. FY23 COMPUTATION OF APPROPRIATIONS LIMIT.PDF
3. FY23 DETERMINATION OF PROCEEDS OF TAXES.PDF
23.2 RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ
APPROVING THE SELECTION OF THE ANNUAL ADJUSTMENT FACTORS USED IN THE CALCULATION OF THE CITY’S PROPOSITION 4 APPROPRIATIONS LIMIT FOR FISCAL YEAR 2023
WHEREAS, Proposition 111 requires a recorded vote by the Council regarding which annual adjustment factors will be used in the City’s calculation of the Proposition 4 limitation beginning with budget year 1990-91;
WHEREAS, it is in the City’s best interest to select the factors with the largest increase; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that it hereby selects the 7.55% increase in California per capita personal income for the price factor and selects the County of Santa Cruz population growth of -3.20% for the population factor to be used as the annual adjustment factors in the calculation of the City’s Proposition 4 Appropriations Limit for Fiscal Year 2023.
PASSED AND ADOPTED this 28th day of June, 2022, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: ________________________
Sonja Brunner, Mayor
ATTEST: ___________________________
Bonnie Bush, City Clerk Administrator
23.3 Calculation of Spending Limit
Last Year's Appropriations Limit (FY 2021-22) $ 183,912,000 Adjustment Factors:
A. Change in Population - County 0.968000
B. Change in California per Capita Personal Income 1.075500 A times B 1.04108
Total Adjustment Percentage (A times B) 4.1084%
Total Adjustment Dollars 7,555,841
New Appropriations Limit For Fiscal Year 2022-23 $ 191,467,841 Appropriations Compared To Limit
Projected Proceeds From Taxes $ 92,282,584
Less: Federal Mandates $ 1,136,382
Qualified Capital Outlays -
Debt Service Appropriations 1,174,339
Total Exclusions 2,310,721
Appropriations Subject to Limit For Fiscal Year 2022-23 89,971,863 Appropriations Limit For Fiscal Year 2022-23 191,467,841 Amount Over / (Under) Appropriations Limit $ (101,495,978)
CITY OF SANTA CRUZ
APPROPRIATIONS SPENDING LIMIT
PROP 4 - GANN LIMIT
BASED ON 2023 ADOPTED BUDGET
23.4 Proceeds Non-Proceeds
of Taxes of Taxes Total
General Fund Taxes
Property Taxes $ 25,035,004 $ - $ 25,035,004
Sales and Use Taxes 27,507,549 - 27,507,549
Business License Taxes 880,000 - 880,000
Franchise Taxes 4,202,695 - 4,202,695
Utility Users' Tax 12,115,663 - 12,115,663
Transient Occupancy Tax 12,095,663 - 12,095,663
Admissions Tax 1,700,000 - 1,700,000
Cannibas Tax 2,500,000 - 2,500,000
Property Transfer Tax 302,756 - 302,756
Parking Lot Tax 736,271 - 736,271
CRM Assessment 220,000 - 220,000
General Fund License & Permits
Construction Permits - 1,061,000 1,061,000
Other Licenses and Permits - 534,200 534,200
General Fund Intergovernmental
Federal - 18,000 18,000
State - Homeowner's Property Tax Relief 80,000 - 80,000 State - Mandated Cost Reimbursement - - -
State - Measure D SCCRTC 70,000 70,000
State - Motor Vehicle In-Lieu 75,000 - 75,000
State - Other - 120,000 120,000
Local - 40,000 40,000
General Fund Charges for Services
General Government - 1,711,854 1,711,854
Public Safety - 6,625,394 6,625,394
Culture and Recreation - 3,927,035 3,927,035
Public Works - 1,830,424 1,830,424
Community and Economic Development - - -
Library - 527,783 527,783
Interfund Charges - 5,210,510 5,210,510
Miscellaneous Charges for Services - 1,050 1,050
General Fund Other Revenues:
Fines and Forfeits - 1,126,090 1,126,090
Rents and Royalties - 6,633,338 6,633,338
Contributions and Donations - 16,950 16,950
Other Miscellaneous Revenues - 461,086 461,086
Interfund Transfers In - 7,882,685 7,882,685
Proceeds of Asset Dispositions - 26,500 26,500
Loan Principal Receipts - 33,013 33,013
Other Funds Revenue
State Highway Funds - Gas Tax - 22,395,146 22,395,146
State Highway Funds - Measure D City 1,587,401 - 1,587,401 Parks and Recreation Funds - - -
Housing and Community Development Funds - 9,417,398 9,417,398 Other Special Revenue Funds 636,000 1,023,844 1,659,844 Capital Projects Funds 1,955,611 25,270,000 27,225,611
Debt Service Funds - 899,445 899,445
SUB-TOTAL 91,629,613 96,862,745 188,492,358
Interest Earnings 652,971 724,896 1,377,867
GRAND TOTAL $ 92,282,584 $ 97,587,641 $ 189,870,225
CITY OF SANTA CRUZ
CALCULATION OF PROCEEDS OF TAXES
PROP 4 - GANN LIMIT
BASED ON 2023 ADOPTED BUDGET
Determination of Proceeds of Taxes
23.5 AGENDA REPORT
DATE: 06/16/2022
AGENDA OF: 06/28/2022
DEPARTMENT: Information Technology
SUBJECT: Award Contract to Implement Cityworks, a Computerized Maintenance Management System (IT)
RECOMMENDATION: Motion authorizing the City Manager to execute contracts, in forms approved by the City Attorney, with Azteca Systems, LLC for licensing and maintenance of the Cityworks software, and with Centricity GIS to assist the City of Santa Cruz (City) with implementing Cityworks, a computerized maintenance management system (CMMS).
BACKGROUND: As the part of baseline service delivery, the City must be able to track, preventatively maintain, and reactively fix its infrastructure. Maintaining and improving infrastructure and its performance are critical in protecting the environment, improving the quality of life for our citizens, enabling opportunities for business development, and protecting the health and safety of all who live and work in the community. A standard of practice to maintain and improve infrastructure performance in a cost-effective manner is through a CMMS.
CMMS is a software solution that centralizes maintenance information and facilitates the processes of maintenance operations. CMMS provides many benefits to facilities, equipment, fleet, and machinery lifespans.
CMMS benefits include the ability to:
• Track, manage and analyze performance and cost throughout the lifecycle of an asset • Plan and schedule preventative maintenance
• Manage work orders efficiently
• Manage spare parts inventory
• Eliminate paperwork
• Enhance productivity both in the office and in the field • Reduce downtime and repair costs
• Increase safety
The City currently uses a variety of asset management tools including spreadsheets, a Geographic Information System (GIS), Microsoft Access databases, and an outdated asset management system (Maintenance Connection) that is not robust enough for the City’s broad utility and asset needs. Transitioning to a single modern CMMS will further the City’s efforts towards streamlining processes and reducing costs through efficiencies.
24.1 The Information Technology Department, along with the Public Works Wastewater Treatment Plant and the Water Department’s Water Distribution division have collaboratively worked together to seek out a new CMMS. Public Works and Water currently have the greatest need for a centralized CMMS to manage the many assets required to serve the City’s utility needs. Future fiscal years will include projects to include other asset management needs throughout the City including, fleet, streets, facilities, wharf maintenance and more.
DISCUSSION: On May 26, 2021, the City issued a Request for Proposal (RFP) for a CMMS and received proposals from thirteen vendors.
The selection committee reviewed the proposals and selected five candidates to provide a scripted demonstration for City staff. When considering each of the five systems, staff determined Cityworks provided the following advantages:
• Successful implementation by several public agencies, including over 700 organizations across the U.S.
• Full integration with the City’s current GIS system which allows staff to link all asset information (pictures, parcel notes,
equipment manuals, and more) to specific locations on a map. • A modern web portal for online services that is mobile-friendly for use by both City staff and contractor staff who are equipped
with mobile technology.
• A user-friendly customizable interface.
• Robust reporting capabilities to perform essential asset and maintenance management analytics.
Cityworks is a leading CMMS software built with a GIS centric model. This platform will enable staff to work on one system that combines the City’s existing GIS with Cityworks’ robust CMMS platform, allowing a more streamlined management for operations throughout the City.
Cityworks coordinates implementation projects with third party partners to achieve the best dollar value for implementation. The proposed vendor for this implementation is Centricity GIS.
Centricity GIS has over 19 years of experience implementing Cityworks and other CMMS products with a focus on data migration, business process improvement and training.
As a result of this process, staff is recommending the Cityworks software solution proposed by the Azteca Systems, LLC., and Centricity GIS as the implementation partner.
FISCAL IMPACT: The total amount for a 3-year Cityworks subscription allowing for the purchase of licenses and support services to support the City’s needs is not to exceed $245,437.
The Centricity GIS implementation cost is not to exceed $225,000.
FY 2023
(Year 1)
FY 2024
(Year 2)
FY 2025
(Year 3)
TOTAL
(3-Year)
CityWorks Software
(Enterprise Fund) $70,125 $81,813 $93,500 $245,438
Centricity GIS Implementation
(Enterprise Fund) $225,000 - - $225,000
Total 3-year Cost $470,438
24.2 There are sufficient funds in the Public Works and Water enterprise funds to cover the FY 2023 costs of the recommendation. Future fiscal years will also include sufficient funds in the Water and Public Works enterprise funds. There is no General Fund impact for this initial implementation.
Prepared/Submitted By:
Ken Morgan
IT Director
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. CENTRICITY GIS - PROFESSIONAL SERVICES AGREEMENT.DOC
2. EXHIBIT A - CENTRICITYGIS-PROJECT DOCUMENT.DOCX
3. AZTECA (CITYWORKS) LICENSE AGREEMENT.PDF
24.3 City of Santa Cruz Professional Services Agreement for Implementation of Cityworks Asset Management System (AMS)
June 2022 (Form Rev.0921) Page 1
PROFESSIONAL SERVICES AGREEMENT FOR
IMPLEMENTATION OF CITYWORKS
ASSET MANAGEMENT SYSTEM (CMS)
THIS AGREEMENT for professional services is made by and between the City of Santa Cruz (“City”) and Centricity GIS (“Consultant”) (each is referred to individually as a “Party” and collectively, as the “Parties”) as of ____________, 20__ (the “Effective Date”).
NOW, THEREFORE, in consideration of each other’s mutual promises, the Parties hereto agree as follows:
SECTION 1: SCOPE OF WORK
Consultant will furnish services as defined and described in the Centricity GIS Project Document, attached hereto as Exhibit A and incorporated herein.
SECTION 2: RESPONSIBILITIES OF CONSULTANT
All work performed by Consultant, or under Consultant’s direction, shall be rendered in accordance with the generally accepted practices, and to the standards of, Consultant's profession. Consultant represents and warrants that Consultant: (i) is fully experienced and properly qualified to perform the work and services provided for herein, (ii) has the financial capability required for the performance of the work and services, and (iii) is properly equipped and organized to perform the work and services in a competent, timely, and proper manner, in accordance with the requirements of this Agreement.
Consultant shall not undertake any work beyond the Scope of Work set forth in Exhibit A unless such additional work is approved in advance and in writing by City. The cost of such additional work shall be reimbursed to Consultant by City on the same basis as provided for in Section 4.
If, in performing the work, it is necessary to conduct field operations, security and safety of the job site will be the Consultant's responsibility excluding, the security and safety of any facility of City within the job site which is not under the Consultant's control.
Consultant shall meet with Ken Morgan, Director of the Information Technology Department, hereinafter called "Director", or other designated and authorized City personnel, or third parties as necessary, on all matters connected with carrying out of Consultant’s services described in Exhibit A. Such meetings shall be held at the request of either Party. Review and City approval of completed work shall be obtained monthly, or at other intervals as may be mutually agreed upon during the course of this Agreement. Review, approval, or acceptance of Consultant’s work by City or others shall not relieve Consultant from responsibility for errors and omissions in Consultant’s work.
SECTION 3: RESPONSIBILITIES OF THE CITY
City shall make available to Consultant all necessary data and information in the City's possession and shall actively assist Consultant in obtaining such information from other agencies and individuals as needed. Consultant is entitled to reasonably rely upon the accuracy and completeness of such data and information, and Consultant shall provide City prompt written notice of any known defects in such data and information.
The Director may authorize a staff person to serve as his or her representative. The work in progress shall be reviewed at such intervals as may be mutually agreed upon between the Parties. The City will be the sole judge of
24.4 City of Santa Cruz Professional Services Agreement for Implementation of Cityworks Asset Management System (AMS)
June 2022 (Form Rev.0921) Page 2
acceptable work, provided that such approval will not be unreasonably withheld or delayed. If the work is not acceptable, City will inform Consultant of the changes or revisions necessary to secure approval.
SECTION 4: FEES AND PAYMENT
For services actually performed, the City will compensate Consultant at the rates set forth in the Fee Schedule detailed in Exhibit A and in accordance with the terms set forth therein. Payment for Consultant's services in carrying out the entire the Scope of Work shall be made within the budget limit, or limits shown, upon Exhibit A. Such payment shall be considered the full compensation for all personnel, materials, supplies, and equipment used by Consultant in the Scope of Work.
Consultant agrees that the payments to Consultant specified in this Section 4 will constitute full and complete compensation for all obligations assumed by Consultant under this Agreement. Where conflicts regarding compensation may occur, the provisions of this section apply.
Variations from the budget for each task which are justified by statements indicating personnel time expended and submittal of a revised budget are only allowed with prior City approval; however, in no event shall the total fee charged for the Scope of Work set forth in Exhibit A exceed the budget of $225,000without advance written City authorization in the form of an amendment or change order.
Invoices shall detail the time worked by each class of employee on each task and the expenses incurred for which billing is made. Invoices shall indicate the percentage completion of each work task as identified in the Scope of Work in Exhibit A and the overall percentage of completion of the total required services. Unless otherwise specified in the fee schedule, payments shall be made monthly by the City within 30 days based on itemized invoices from the Consultant which list the actual costs and expenses.
All invoices shall contain the following affidavit signed by Consultant (if individual) or by a principal of Consultant’s firm (if Consultant is an entity):
"I hereby certify [or as principal of Consultant] that the charge of (Insert invoice amount) as summarized above and shown in detail on the attachments is a fair and reasonable use of public funds, is in accordance with the terms of Agreement dated (Insert Agreement Date), and has not been previously paid."
SECTION 5: TRAVEL REIMBURSEMENT POLICY
The City shall not be responsible for any travel, meal, or lodging reimbursements to Consultant and/or Consultant’s employees .
SECTION 6: CHANGES IN WORK
City may negotiate changes in the Scope of Work. No changes in the Scope of Work shall be made without the written approval of City and Consultant. Any change requiring compensation in excess of the sum specified in Exhibit A shall be approved in advance in writing by the City. Only City’s authorized representative(s) is authorized to approve changes to this Agreement on behalf of City.
SECTION 7: TIME OF BEGINNING AND SCHEDULE FOR COMPLETION The term of this Agreement shall be on the effective date of this Agreement and terminating on _____________ 20__.
Consultant shall begin work as specified in a written authorization (e.g. Notice to Proceed) to perform services. The
24.5 City of Santa Cruz Professional Services Agreement for Implementation of Cityworks Asset Management System (AMS)
June 2022 (Form Rev.0921) Page 3
written authorization to perform work shall not be issued until after this Agreement has been approved and authorized by the City.
The Work Schedule for completion of the work shall be as shown upon Exhibit A. In the event that major changes are ordered, the schedule for completion as stated in Exhibit C may be adjusted by City so as to allow Consultant a reasonable period of time within which to complete any additional work which may be required as a result of the ordered changes.
Neither party will be held responsible for delay or default caused by declared emergencies, natural disasters, or any Force Majeure event which is beyond the party's reasonable control. Consultant will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently pursue performance of its obligations in this Agreement.
The City reserves the right to obtain the item(s) and/or services covered by this Agreement from another source during any on-going suspension of service due to the circumstances outlined above.
Consultant acknowledges that it is necessary for Consultant to complete its work on or before the completion date set forth in Exhibit A in order to allow the City to achieve its objectives for entering into this Agreement. The Parties therefore agree that time is of the essence in the performance of this Agreement.
SECTION 8: TERMINATION
The City may terminate the Agreement for convenience by providing written notice to Consultant not less than 10 calendar days prior to an effective termination date.
The Consultant may terminate the Agreement for cause by providing written notice to the City not less than 30 calendar days prior to an effective termination date.
The City may, at its option, allow Consultant to cure its failure to perform within 10 business days (or longer period authorized in writing by the City) from the date of the City’s termination notice. The termination shall be become effective if Consultant has not cured within such time period to the City’s satisfaction.
Consultant may terminate this Agreement for cause if the City fails to cure a material default in performance within a period of 30 calendar days (or such longer period agreed to by the Consultant), from date of the Consultant’s written termination notice specifying the default in performance.
Upon notice of termination by either the City or Consultant, the Consultant will immediately act to not incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. The City’s only obligation to the Consultant will be just and equitable payment for services authorized by, and received to the satisfaction of, the City up to and including the effective date of termination less any amounts withheld. All finished or unfinished work or documents procured or produced under the Agreement will become property of the City upon the termination date. In the event of Consultant’s failure to perform pursuant to the Agreement, the City reserves the right to obtain services elsewhere and Consultant will be liable for the difference between the prices set forth in the terminated Agreement and the actual cost to the City. Termination of the Agreement pursuant to this paragraph shall not relieve the Consultant of any liability to City for additional costs, expenses, or damages sustained by City due to failure of the Consultant to perform pursuant to the Agreement. City may withhold any payments to Consultant for the purpose of set-off until such time as the exact amount of damages due City from Consultant is determined. After the effective date of termination, Consultant will have no further
24.6 City of Santa Cruz Professional Services Agreement for Implementation of Cityworks Asset Management System (AMS)
June 2022 (Form Rev.0921) Page 4
claims against the City under the Agreement. No other compensation will be payable for anticipated profit on unperformed services.
SECTION 9: INSURANCE
Prior to the beginning of and throughout the duration of the Agreement, Consultant will maintain and comply with the Insurance Requirements as set forth in Exhibit B. Consultant will insure the City against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder. The insurance coverages required shall not in any way limit the liability of the Consultant.
SECTION 10: INDEMNIFICATION
Consultant agrees, to the fullest extent permitted by law, to indemnify, defend, and hold harmless the City, its officials, officers, employees, agents, and volunteers (collectively, “Indemnitees”) from and against any and all liability, claim, action, loss, injury, damage, judgment, or expense, including attorneys’ fees and costs (“Losses”) caused by or resulting from the negligence, recklessness, or willful misconduct of Consultant, Consultant’s officers, employees, agents, or subcontractors in any way related to this Agreement. Consultant’s duty to indemnify and hold harmless Indemnitees shall not apply to the extent such Losses are caused by the sole or active negligence or willful misconduct of Indemnitees. Consultant’s obligation to defend shall arise regardless of any claim or assertion that Indemnitees caused or contributed to the Losses.
In the event this Agreement involves the performance of design professional services by Consultant, Consultant’s officers, employees, agents, or subcontractors, Consultant’s costs to defend Indemnitees shall not exceed the Consultant’s proportionate percentage of fault per Civil Code §2782.8. This section shall survive the termination or expiration of this Agreement.
SECTION 11: EQUAL EMPLOYMENT OPPORTUNITY/NON-DISCRIMINATION POLICIES City’s policies promote a working environment free from abusive conduct, discrimination, harassment, and retaliation; and require equal opportunity in employment for all regardless of race, religious creed (including religious dress and grooming practices), color, national origin (including language use restrictions), ancestry, religion, disability (mental and physical), medical condition, sex, gender (including gender identity and gender expression), physical characteristics, marital status, age, sexual orientation, genetic information (including family health history and genetic test results), organizational affiliation, and military or veteran status, or any other consideration made unlawful by local, State or Federal law. City requires Consultant to comply with all applicable Federal and State and local equal employment opportunity laws and regulations, and Consultant is responsible for ensuring that effective policies and procedures concerning the prevention of abusive conduct, discrimination, harassment, and retaliation exist in Consultant’s business organization. The City’s current Equal Employment Opportunity and Non-Discrimination policies to which this Section applies may be viewed at http://www.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html and http://www.cityofsantacruz.com/home/showdocument?id=59192.
SECTION 12: LEGAL ACTION/ATTORNEYS’ FEES
If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief. The laws of the State of California, with jurisdiction in the Santa Cruz County Superior Court, shall govern all matters relating to the validity, interpretation, and effect of this Agreement and any authorized or alleged changes, the performance of any of its terms, as well as the rights and obligations of Consultant and the City.
24.7 City of Santa Cruz Professional Services Agreement for Implementation of Cityworks Asset Management System (AMS)
June 2022 (Form Rev.0921) Page 5
SECTION 13: AMENDMENTS
This Agreement may not be amended in any respect except by way of a written instrument which expressly references and identifies this particular Agreement, which expressly states that its purpose is to amend this particular Agreement, and which is duly executed by the City and Consultant. Consultant acknowledges that no such amendment shall be effective until approved and authorized by the City’s authorized representative. No representative of the City is authorized to obligate the City to pay the cost or value of services beyond the scope of services set forth in Exhibit A.
Such authority is retained solely by the City Manager, Director, or their designee. Unless expressly authorized by the City Manager or Director, Consultant’s compensation shall be limited to that set forth in Exhibit B, Fee Schedule.
SECTION 14: MISCELLANEOUS PROVISIONS
1. Project Manager/Key Staff. Director reserves the right to consult with Consultant regarding the project manager or other key staff assigned by Consultant to perform the work under this Agreement. No change in assignment may occur without prior written approval of the City. If after notice and an opportunity to address any concerns the City determines any project manager or other key staff is incompetent or unqualified, Consultant will be notified and will be expected to immediately address the issues to the City’s satisfaction.
2. Consultant Services Only. Consultant is employed to render professional services only and any payments made to Consultant are compensation solely for such professional services.
3. Independent Contractor. In the performance of this Agreement, it is expressly understood that Consultant, including each of Consultant’s employees, agents, subcontractors or others under Consultant’s supervision or control, is an independent contractor solely responsible for its own acts and omissions, and shall not be considered an employee of the City for any purpose. Consultant agrees to comply with AB5, codified at Labor Code section 2750.3, and shall indemnify, defend and hold harmless the City, its officials, officers, employees, and agents against any claim or liability, including attorneys’ fees and costs, arising in any manner related to this Agreement that an employee, agent or others under Consultant’s supervision or control was misclassified.
4. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
5. Subcontractors. Consultant shall obtain prior approval of the City prior to subcontracting of any work pursuant to this Agreement. If at any time, the City determines any subcontractor is incompetent or unqualified, Consultant will be notified and will be expected to immediately cancel the subcontract. Consultant shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein, including naming the City of Santa Cruz, its officers, officials, employees, agents, and volunteers as additional insureds. Any modification to the insurance requirements for subcontractors must be agreed to by the City in writing.
6. Assignment. This Agreement shall not be assigned without first obtaining the express written consent of the Director or after approval of the City Council. Neither party may assign this Agreement unless this Agreement is amended in accordance with its terms.
7. Conflicts of Interest. Consultant owes City a duty to avoid conflicts of interest in performing the work and services under this Agreement. Consultant covenants (on behalf of Consultant and Consultant’s employees, agents, representatives, and subcontractors) that there is no direct or indirect interest, financial or otherwise, which would conflict in any manner or degree with the performance of services required under this Agreement.
Consultant acknowledges and agrees to comply with applicable provisions of conflict of interest law and
24.8 City of Santa Cruz Professional Services Agreement for Implementation of Cityworks Asset Management System (AMS)
June 2022 (Form Rev.0921) Page 6
regulations, including the Political Reform Act, Section 1090 of the Government Code, and the City’s conflict of interest code. Consultant will immediately advise City if Consultant learns of a conflicting financial interest of Consultant during the term of this Agreement.
8. City Property. The work, or any portion, of Consultant in performing this Agreement shall become the property of City. The Consultant may be permitted to retain copies of such work for information and reference in connection only with the provision of services for the City. All materials and work product, whether finished or unfinished, shall be delivered to City upon completion of contract services or termination of this Agreement for any reason. Unless otherwise provided herein, Consultant agrees that all copyrights which arise from creation of project-related documents and materials pursuant to this Agreement shall be vested in the City and Consultant waives and relinquishes all claims to copyright or other intellectual property rights in favor of City. Any work product related to this Agreement shall be confidential, not to be used by the Consultant on other projects or disclosed to any third party, except by agreement in writing by the City, or except as otherwise provided herein.
Consultant’s final deliverables shall comply with Section 508 (29 U.S.C. Section 794d) accessibility requirements, as applicable.
9. Intellectual Property and Indemnity. Consultant represents to City that, to the best of Consultant’s knowledge, any Intellectual Property (including but not limited to: patent, patent application, trade secret, copyright and any applications or right to apply for registration, computer software programs or applications, tangible or intangible proprietary information, or any other intellectual property right) in connection with any services and/or products related to this Agreement does not violate or infringe upon any Intellectual Property rights of any other person or entity.
To the fullest extent permitted by law, Consultant agrees to indemnify, defend, and hold harmless City, its officials, officers, employees, and agents, from any and all claims, demands, actions, liabilities, damages, or expenses (including reasonable attorneys’ fees and costs) arising out of a claim of infringement, actual or alleged, direct or contributory, of any Intellectual Property rights in any way related to Consultant’s performance under this Agreement or to the City’s authorized intended or actual use of Consultant’s product or service under this Agreement. This provision shall survive termination or expiration of this Agreement.
If any product or service becomes, or in the Consultant’s opinion is likely to become, the subject of a claim of infringement, the Consultant shall, at its sole expense: (i) provide the City the right to continue using the product or service; or (ii) replace or modify the product or service so that it becomes non-infringing; or (iii) if none of the foregoing alternatives are possible even after Consultant’s commercially reasonable efforts, in addition to other available legal remedies, City will have the right to return the product or service and receive a full or partial refund of an amount equal to the value of the returned product or service, less the unpaid portion of the purchase price and any other amounts, which may be due to the Consultant. City shall have the right to retrieve its data and proprietary information at no charge prior to any return of the product or termination of service.
10. Confidentiality.
a. Consultant shall not acquire any ownership interest in data and information (“City Data”) received by Consultant from City, which shall remain the property of the City. Certain information may be considered confidential (“Confidential Information”). Confidential Information shall mean all information or proprietary materials (in every form and media) not generally known to the public and which has been or is hereafter disclosed or made available directly or indirectly through any means of communication, either verbally or in writing that has been designated in writing as “Confidential” in connection with this
24.9 City of Santa Cruz Professional Services Agreement for Implementation of Cityworks Asset Management System (AMS)
June 2022 (Form Rev.0921) Page 7
Agreement. Unless otherwise required by law, Consultant shall not, without City’s written permission, use or disclose City Data and/or Confidential Information other than in the performance of the obligations under this Agreement. As between Consultant and City, all City Confidential Information shall remain the property of the City. Consultant shall not acquire ownership interest in the City’s Confidential Information.
b. Consultant shall be responsible for ensuring and maintaining the security and confidentiality of City Data and Confidential Information, protect against any anticipated threats or hazards to the security or integrity of City Data and Confidential Information, protect against unauthorized access to or use of City Data and Confidential Information that could result in substantial harm or inconvenience to City or any end users; and ensure the proper return and/or disposal of City Data and Confidential Information upon termination of this Agreement with notice to the City.
c. Consultant shall take appropriate action to address any incident of unauthorized access to City Data and Confidential Information, including addressing and/or remedying the issue that resulted in such unauthorized access, notifying City as soon as possible of any incident of unauthorized access to City Data and Confidential Information, or any other breach in Consultant’s security that materially affects City or end users; and be responsible for ensuring compliance by its officers, employees, agents, and subcontractors with the confidentiality provisions hereof. Should confidential and/or legally protected City Data be divulged to unauthorized third parties, Consultant shall comply with all applicable federal and state laws and regulations, including but not limited to California Civil Code sections 1798.29 and 1798.82 at Consultant’s sole expense. Consultant shall not charge City for any expenses associated with Consultant’s compliance with these obligations.
d. Consultant shall defend, indemnify and hold harmless City, its officials, officers, employees and agents against any claim, liability, loss, injury or damage (including attorneys’ fee and costs) arising out of, or in connection with, the unauthorized use, access, and/or disclosure of City Data and/or Confidential Information by Consultant and/or its agents, employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of the City. This provision shall survive the termination or expiration of this Agreement.
11. Consultant's Records. Consultant shall maintain accurate accounting records and other written documentation pertaining to the costs incurred relating to this Agreement for examination and audit by the City, State, or federal government, as applicable, during the period of this Agreement, and for a period of at least five years from the date of the final City payment for Consultant's services, or date of the termination of this Agreement, whichever is later. If Consultant engages a subcontractor to perform work related to this Agreement with a cost of $10,000 or more over a 12-month period, such subcontract shall contain these same requirements. This provision shall survive the termination of this Agreement.
12. California Public Records Act. City is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If Consultant’s proprietary information is contained in documents or information submitted to City, and Consultant claims that such information falls within one or more CPRA exemptions, Consultant must clearly mark such information “Confidential and Proprietary,” and identify the specific lines containing the information. In the event of a request for such information, City will make best efforts to provide notice to Consultant prior to such disclosure. If Consultant contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief or other appropriate remedy from a court of law in Santa Cruz County before the City is required to respond to the CPRA request. If Consultant fails to obtain such remedy within the time the City is required to
24.10 City of Santa Cruz Professional Services Agreement for Implementation of Cityworks Asset Management System (AMS)
June 2022 (Form Rev.0921) Page 8
respond to the CPRA request, City may disclose the requested information without any liability to Consultant.
Consultant further agrees that it shall defend, indemnify and hold City harmless against any claim, action or litigation (including but not limited to all judgments, costs, and attorney’s fees) that may result from denial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the Consultant.
13. Compliance with Laws. All activities of Consultant, its employees, subcontractors and/or agents will be carried out in compliance with all applicable federal, state, and local laws and regulations.
14. Licensure. Consultant warrants that Consultant, its subcontractors and/or agents (if any) has/have complied with any and all federal, state, and local licensing requirements and agrees to provide proof of a current City of Santa Cruz Business Tax Certificate if:
Consultant, its subcontractor(s) and agent(s) or its business is/are located in the City of Santa Cruz; Will perform actual work in the City of Santa Cruz for 6 or more days annually; or Will use company vehicles to deliver within the City of Santa Cruz for 6 or more days annually.
For additional information and licensing requirements, view the City’s Business Licenses and Permits webpage or call the Revenue and Taxation division at 831/420-5070.
15. Living Wage. Every contract for services to the City for $10,000 or more, is subject to City of Santa Cruz Living Wage Ordinance number 2000-25. If applicable, Consultant agrees to comply with the requirements of the Living Wage ordinance as provided in Santa Cruz Municipal Code Chapter 5.10.
16. Prevailing Wages for Public Work. To the extent that the work or services to be performed under this Agreement may be considered a “public work” (construction, alteration, demolition, or repair work) pursuant and subject to Labor Code section 1720 et seq., Consultant (and any subconsultant performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreement. Consultant (and any subconsultant) shall adhere to the prevailing wage determinations made by the Director of Industrial Relations (DIR) pursuant to California Labor Code Part 7, Chapter 1, Article 2, applicable to the work, if any. All workers employed in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seq. and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. (CA Labor Code sections 1720, 1774 and 1782.)
To the extent applicable to the scope of work and services under this Agreement, Consultant agrees to be bound by the state prevailing wage requirements, including, but not limited to, the following:
a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day (or portion thereof) for which the worker(s) was paid less than the prevailing wage rate, as specified in Labor Code section 1775; b. Consultant shall maintain and make available payroll and worker records in accordance with Labor Code sections 1776 and 1812;
c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5;
24.11 City of Santa Cruz Professional Services Agreement for Implementation of Cityworks Asset Management System (AMS)
June 2022 (Form Rev.0921) Page 9
d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seq. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages;
e. Consultant shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers.
f. Any failure of Consultant and/or its subconsultant to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option and shall be at the sole risk of Consultant. Consultant on behalf of itself and any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public work.
g. Consultant acknowledges that it and/or any subconsultant may not engage in the performance of any contract for public work unless currently registered with the DIR and qualified to perform public work pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
17. Storm Water Requirements. To the extent applicable to the Scope of Work under this Agreement, Consultant, Consultant’s employees, subcontractors, and agents are required to abide by the applicable City of Santa Cruz Storm Water Best Management Practices (BMPs) for the duration of the work. The City’s mandatory Storm Water BMPs, which are listed according to the type of work, operations, or business, are located on the City website at: https://www.cityofsantacruz.com/government/city-departments/public-works/stormwater/bestmanagement-practices
18. Dispute Resolution. The Parties agree to attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement. Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested. Promptly upon such notification, the Parties shall meet at a mutually agreeable time and place in order to exchange relevant information and perspective, and to attempt to resolve the dispute. In the event that no resolution is achieved, and if, but only if, the parties mutually agree, then prior to pursuing formal legal action, the parties shall make a good faith effort to resolve the dispute by non-binding mediation or negotiations between representatives with decision-making power, who, to the extent possible, shall not have had substantive involvement in the matters of the dispute. To the extent that the dispute involves or relates to a public works project, the Parties agree to attempt to resolve the dispute by complying with the claims process as set forth in Public Contract Code sections 9204(e), 20104-20104.6, but without waiving the requirements of the California Tort Claims Act, Gov’t Code section 800 et seq. unless otherwise agreed to by the Parties.
19. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by an act of God, natural disaster, pandemic, acts of terrorism, war, or other peril, which is beyond the reasonable control of the affected party and without the negligence of the respective Parties. Each party hereto shall give notice promptly to the other of the nature and extent of any Force Majeure claimed to delay, hinder or prevent performance of
24.12 City of Santa Cruz Professional Services Agreement for Implementation of Cityworks Asset Management System (AMS)
June 2022 (Form Rev.0921) Page 10
the services under this Agreement. Each Party will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently pursue performance of its obligations in this Agreement. In the event either party is prevented or delayed in the performance of its respective obligation by reason of such Force Majeure, the only remedy is that there may be an equitable adjustment of the schedule.
20. Complete Agreement. This Agreement, along with any attachments, is the full and complete integration of the Parties’ agreement with respect to the matters addressed herein, and that this Agreement supersedes any previous written or oral agreements between the Parties with respect to the matters addressed herein. Unless otherwise stated, to the extent there is any conflict between this Agreement and any other agreement (written or oral), the terms of this Agreement shall control.
21. Severability. The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid or illegal.
22. Waiver. Waiver by any party of any portion of this Agreement shall not constitute a waiver of the same or any other portion hereof.
23. Governing Law. This Agreement shall be governed by and interpreted in accordance with California law.
24. Contract Interpretation. Each party acknowledges that it has reviewed this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.
25. MacBride Principles/Peace Charter. City of Santa Cruz Resolution NS-19,378 (7/24/90) encourages all companies doing business in Northern Ireland to abide by the MacBride Principles and Peace Charter.
26. Notices. If either party shall desire or is required to give notice to the other such notice shall be given in writing, via email and concurrently delivered by overnight Federal Express or priority U.S. Mail, addressed to recipient as follows:
To CITY:
Information Technology Department
Ken Morgan
809 Center Street Rm #8
Santa Cruz CA, 95060
[email protected]/831-
420-5095
To CONSULTANT:
Centricity GIS
Brandon Wright
10659 N Sahalee St
Cedar Hills, UT 84062
[email protected]/801-376-8160
Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.
27. Counterparts. The Parties may execute this Agreement in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party’s signature shall be accepted and valid as an original.
24.13 City of Santa Cruz Professional Services Agreement for Implementation of Cityworks Asset Management System (AMS)
June 2022 (Form Rev.0921) Page 11
28. Warranty of Authority. The signatories to this Agreement warrant and represent that each is authorized to execute this Agreement and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Agreement. [SIGNATURES ON FOLLOWING PAGE]
24.14 City of Santa Cruz Professional Services Agreement for Implementation of Cityworks Asset Management System (AMS)
June 2022 (Form Rev.0921) Page 12
Approved As To Form:
By: ______________________________ Date: __________________ Office of the City Attorney
CITY OF SANTA CRUZ
By: ______________________________ Date: __________________ Matt Huffaker
City Manager
CONSULTANT
By: ______________________________ Date: __________________ Printed: ___________________________ Title: __________________
24.15 City of Santa Cruz Professional Services Agreement for Implementation of Cityworks Asset Management System (AMS)
June 2022 (Form Rev.0921) Page 13
EXHIBIT A (ATTACHED): CENTRICITY GIS PROJECT DOCUMENT
24.16 City of Santa Cruz Professional Services Agreement for Implementation of Cityworks Asset Management System (AMS)
June 2022 (Form Rev.0921) Page 14
EXHIBIT B: INSURANCE REQUIREMENTS
A. CERTIFICATE REQUIREMENTS
The City will be issued a Certificate of Insurance (a Memorandum of Understanding will not be accepted) with the following minimum requirements:
Certificate(s) will show current policy number(s) and effective dates, Coverage and policy limits will meet, or exceed, requirements below, The Certificate Holder will be City of Santa Cruz, Risk Management, 333 Front Street., Suite 200, Santa Cruz, CA 95060,
Certificate will be signed by an authorized representative, An endorsement, if required below, will be provided to show the City, its officers, officials, employees, and volunteers as additional insureds, and
Coverages must be maintained during the term of the Agreement with the City, unless a longer duration is required as specified below.
B. MINIMUM SCOPE AND LIMITS OF INSURANCE
Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. If Consultant maintains broader insurance coverage and/or higher limits than the minimums shown below, the City of Santa Cruz requires and shall be entitled to the broader insurance coverage and/or higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Cruz.
Coverage will be at least as broad as:
COMMERCIAL GENERAL LIABILITY (CGL): $1,000,000 PER OCCURRENCE; $2,000,000 AGGREGATE Proof of coverage for $1 Million per occurrence including products and completed operations, property damage, bodily injury, personal and advertising injury will be provided on Insurance Services Office (ISO) Form CG 00 01 covering CGL. If a general aggregate limit applies, either the general aggregate limit will apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit will be at least twice the required occurrence limit. PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS): $2,000,000 PER OCCURRENCE OR CLAIM, $2,000,000 AGGREGATE.
Consultant will maintain insurance appropriate to Consultant’s profession; with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after date of completion of the services under this Agreement. If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date or start of work date, Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
AUTOMOBILE LIABILITY:
Proof of coverage for $1,000,000 provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non-owned autos (Code 9), per accident for bodily injury and property damage.
WORKERS’ COMPENSATION AS REQUIRED BY THE STATE OF CALIFORNIA, WITH STATUTORY LIMITS, AND EMPLOYER’S LIABILITY INSURANCE: $1,000,000 per accident for bodily injury or disease.
24.17 City of Santa Cruz Professional Services Agreement for Implementation of Cityworks Asset Management System (AMS)
June 2022 (Form Rev.0921) Page 15
The Worker’s Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant and its employees. (Not required if Consultant provides written verification it has no employees) - If Contractor has no employees, Contractor shall complete and sign a Workers’ Compensation Exemption Declaration and Release of Liability.
For Data Security and Privacy Liability
1. Consultant shall maintain one or more insurance policies - Privacy, Technology and Data Security Liability, Cyber Liability, or Technology Professional Liability Insurance coverage in the amount of $5,000,000 per occurrence or claim, $5,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations undertaken by Consultant in this contract.
2. The policy(ies) shall include coverage for claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information.
3. The policy(ies) shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
4. The policy(ies) shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City in the care, custody, or control of the Consultant.
C. OTHER INSURANCE PROVISIONS
The insurance policies are to comply with the following provisions:
ADDITIONAL INSURED STATUS
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations.
General liability coverage will be provided in the form of an endorsement to Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10 CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 (if a later edition is used). PRIMARY COVERAGE
For any claims related to this Agreement, Consultant’s insurance coverage will be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees, agents, or volunteers will be excess of Consultant’s insurance and will not contribute with it. NOTICE OF CANCELLATION
Each insurance policy required above shall state that the coverage shall not be canceled, except with notice to the City.
WAIVER OF SUBROGATION
Consultant hereby grants to the City a waiver of any right to subrogation, except as otherwise not applicable, which any insurer of said Consultant may acquire against the City by virtue of the payment of
24.18 City of Santa Cruz Professional Services Agreement for Implementation of Cityworks Asset Management System (AMS)
June 2022 (Form Rev.0921) Page 16
any loss, including attorney’s fees under such insurance. Consultant agrees to obtain any endorsement that may be necessary to effectuate this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. EXCESS LIABILITY/UMBRELLA INSURANCE POLICIES
Consultant may use the excess liability/umbrella policies to meet the required liability limits on the condition that they provide all of the insurance coverages required herein, including but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The excess liability/umbrella insurance policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying CGL insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant’s primary and excess liability policies are exhausted. DURATION OF COVERAGE
CGL & Excess Liability/Umbrella policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. SELF-INSURED RETENTIONS (SIR)
Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses.
The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.
CLAIMS MADE POLICIES
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. VERIFICATION OF COVERAGE
Consultant will furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL and Excess Liability/Umbrella Policies listing all policy endorsements to be approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
24.19 City of Santa Cruz Professional Services Agreement for Implementation of Cityworks Asset Management System (AMS)
June 2022 (Form Rev.0921) Page 17
D. SUBCONTRACTORS
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.
E. SPECIAL RISKS/CIRCUMSTANCES
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances and provide notice to Consultant.
24.20 1
Centricity GIS
10659 N
Sahalee St
Cedar Hills, UT
84062
801-376-8160 PROJECT CHARTER
Project Overview
Project Name: Cityworks - Asset Management System
Project Manager
(Centricity):
Paige Lewis
Project Manager Email: [email protected]
Project Manager Phone: (801) 232-8472
Business Unit(s) Santa Cruz Water and Public Works
Expected Start Date: June/July 2022
Expected Finish Date: 9 Months from Start Date
Estimated Budget: $225,000
Vision Statement
The City of Santa Cruz (City) will have a functioning and effective Asset Management System (AMS) tool which is easy to use and, maintain. The AMS tool will facilitate the capture of critical information such that the AMS is the central hub of all asset information and provides an effective tool for Operations, Maintenance and Engineering staff.
Goals and Objectives
Centricity GIS will work with the City to complete a project to implement Cityworks, a AMS. The project will focus on delivering a comprehensive set of management strategies, technology tools, and asset management best practices that support the City’s planned asset sustainability performance objectives.
Goals and Objectives include:
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Centricity GIS
10659 N
Sahalee St
Cedar Hills, UT
84062
801-376-8160
Develop a system design and configuration that consolidates gathered data with workflows, data migration requirements, and interface requirements that will be identified and modeled during the implementation of Cityworks AMS.
Provide a central repository for planning, scheduling, and tracking maintenance work. Capture maintenance history details on individual assets to facilitate strategy and decisionmaking. Improve communication and transparency on work activities performed and maintenance needs across the Department.
Implement mobile technology to direct and capture work in the field and to provide critical information to field service staff.
Optimize the performance and useful life of infrastructure while minimizing total asset life-cycle costs.
Leverage the City’s GIS capabilities and data for improved utility performance, including emergency response and communication.
Fully automate work order requests and streamline fulfillment processes. Provide integrations for MDMS (Badger), Eden and WinCan. Implement a system to ensure equipment is always up to date with all compliance and safety standards, track all documents such as warrantee information and safety guides. Track asset inventories throughout lifecycle – from “cradle to grave”.
Project Description
The Cityworks AMS project is providing implementation services for the world renowned Cityworks AMS solution for the City. The Cityworks AMS solution is wholly unique because it is the only system that completely leverages the City’s GIS data throughout the City’s work process. Cityworks will use the City’s map data as the system of record, rather than syncing GIS records with the City’s CMMS database. Utilizing the City’s GIS as the asset system of record unlocks all of the ESRI platform’s functionality, including analytics, mobile apps, website publishing, and facilitates the use of the City’s clean and up to date GIS records for interdepartmental use across the enterprise as well as for your customers if the city chooses to do so.
Project Management Methodology
Centricity utilizes a Modified Agile methodology to successfully implement many heterogeneous systems integrations/interfaces. Our methodology is comprised of five (5) primary steps. These steps are a result of our experience with business systems integration and help to ensure a smooth and reliable project lifecycle and production outcome.
The steps include Planning, Build, Training, Production Deployment, and Postproduction System Review. These steps ensure that we include everyone and every system of record in the development of detailed requirements for the design of the interface(s). Once the interfaces are developed, a rigorous testing plan will be executed. Upon successful completion of this User Acceptance Testing (UAT), the
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Centricity GIS
10659 N
Sahalee St
Cedar Hills, UT
84062
801-376-8160
interfaces are ready for deployment. However, prior to the final production deployment, user training is performed for those impacted directly by the project.
Planning
Our planning is comprised of a workshop(s) where we engage our clients and iteratively work through the reasons for the implementation, what data needs to flow back and forth (or sometimes in one direction), and how best from a technical perspective of how to achieve this implementation (developing requirements). We will then develop to these requirements, use cases/stories and design the necessary workflows that depict the transfer of data between systems. The workshop will typically result in the need to engage the target system vendor, either to procure items such as a database design/schema diagram up to and including engaging their assistance in designing and developing the integration itself.
Build
In the Build phase of our integration process, we will develop sprints that are approximately 1 to 2 weeks in duration that iteratively reflect the use cases/stories and methodology developed during the previous Planning step. During these sprints our team will develop a potentially deliverable component of the integration. This may be something as basic as moving one data item back and forth successfully.
Working within this accelerated timeframe, the team will be able to build only the most essential functionality. This methodology encourages the integration team (including client stakeholders) to prioritize the most essential features, focus on short-term goals, and gives our clients a tangible, empirically based view of progress. Because each integration may require multiple sprints, each iteration of work builds on the previous (incremental), often replacing/discarding some of the previous work as more is learned (iterative). During sprint execution the team develops code and automated tests simultaneously using techniques such as Test-Driven Development (TDD), pair programming and continuous integration. Utilizing an Agile approach minimizes handoffs and phases as well as testing.
Because the testing of the integration is integrated within our development methodology we need only provide formal testing in regard to an overall system and integration test within the development environment. Once the interfaces are developed, a testing plan will be executed. Upon successful completion of this User Acceptance Testing (UAT), the interfaces are ready for deployment. However, prior to the final production deployment, user training is performed for those impacted directly by the project.
Training
Our team then works with the appropriate stakeholders to train them both at the end user level and to train one or more stakeholders in how the integration was developed and the management requirements to keep the integration working correctly.
Production Deployment
After the integration has been developed (and tested throughout the development) we move on to deploying the integration into your production environment.
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Centricity GIS
10659 N
Sahalee St
Cedar Hills, UT
84062
801-376-8160
Postproduction System Review
Once the integration is in production we will work as a team with our client stakeholders to verify that the integration was successful against the requirements defined during the Planning step. Any identified problems will be addressed and corrected.
Project Management Risks
Centricity will describe the steps to conduct the risk management processes including identifying the risk, performing a qualitative and quantitative assessment, risk response, and how to control the risk.
Centricity will work with the City staff to continually identify the risk that could affect the project.
Centricity will provide a risk management plan as part of the Project Management Plan. The risk management plan does not need to list all the risks. The risk management plan will state how Centricity plans to execute the risk management process. The risk management plan will be updated when a new risk has been identified, as well as risk register sheet.
A risk table is showing below:
Risk Cause Impact Mitigation Strategy
Lack of Communication People Delay of key tasks in the
Implementation
- Set communication strategy in Kickoff
meeting with Key stakeholders
- Weekly (or additional)
communication Stakeholder Meetings
- Ensure staff is available for meetings
- Create shared MS Teams Channel or
similar for project communication
- Assigned staff to be made available by
the City.
Travel Restrictions Regulation Delay in Onsite Visits resulting in delayed Tasks for Kickoff Meeting,
Database Review, Admin and End
User Training, and Go Live Support
- Ensure that proper Covid guidelines
are followed. If needed, Online
Sessions for the impact listed tasks
may be adhered to.
- Create shared MS Teams Channel for
project communication
Training People Users not sufficiently adept to using
Cityworks
- Hot Seat Training
- Multiple trainers onsite to ensure good
flow and end users understand training
- Train the Trainer Style training
- Detailed user instructions, training
videos, configuration, and data guide
- Training materials and resources
provided
- Additional as needed drop-in sessions,
follow up training and other resources
24.24 5
Centricity GIS
10659 N
Sahalee St
Cedar Hills, UT
84062
801-376-8160 Natural Disaster or Weather Environment Delay in Onsite Visits resulting in delayed Tasks for Kickoff Meeting,
Database Review, Admin and End
User Training, and Go Live Support
- Ensure Staff availability is set prior to
Onsite Visits with minimum 2 weeks
advanced notice
- Utilize MS Teams if needed due to
unexpected natural event
City/Centricity/Cityworks
Resource Availability People Delay in Onsite Visits resulting in delayed Tasks for Kickoff Meeting,
Database Review, Admin and End
User Training, and Go Live Support
- Ensure Staff availability is set prior to
Onsite Visits with minimum 2 weeks
advanced notice
- Backup resources availability
accounted for
City’s Roles and Responsibilities
City Program Sponsors
The City Program Sponsors are a group of people at the senior management level who are responsible for the success of a project. The City’s Program Sponsor will provide necessary guidance and resources to the project team and manager. Program Sponsors are expected to be vocal advocates of the Cityworks implementation and asset management program development to stakeholders within the City’s employees and beyond. Sponsors should ensure that each department provides the appropriate amount of emphasis on communicating the coming changes, address senior and mid-level managers within the departments who are not acting as visible and vocal advocates of the coming changes.
City Project Manager
The City is to identify and empower a Project Manager who will jointly manage the project along with the Centricity Project Manager. The City Project Manager will be responsible for ensuring the availability, readiness, and participation of the City resources including City-directed sub-consultants, as well as the execution of the City-assigned tasks and completion of the City-assigned deliverables.
City Implementation Team
The City is to identify and empower a set of individuals that constitute the City core team, also referred to as the implementation team. The team will consist of subject matter experts from each of the implementing divisions/departments/groups. The selected representatives from each of the participating departments will be available for the project throughout its entirety. Centricity recommends to power users from each of the divisions to be implemented. We recognize that this will result in a large number of staff involved in the project, so team members who can represent multiple divisions are encouraged.
We also strongly recommend that no single set of expertise a single threaded; each division should be
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Centricity GIS
10659 N
Sahalee St
Cedar Hills, UT
84062
801-376-8160
championed by multiple core team members so that the staff workloads and turnover does not and duly affect the project.
City Technical Team
The City is to identify and empower a set of IT professionals to support this project. These individuals will be known collectively as the technical team. The selected representatives from each of the participating departments will be available for the project throughout its entirety. The technical team will be comprised of experts on each of the software and hardware components involved in this project including but not limited to servers and workstations, network infrastructure, ESRI GIS deployment, each of the software solutions from which data might be migrated in each of the software solutions to which Cityworks may be integrated. When technical team participation is noted within the detailed scope of services, the expectation is that the appropriate technical team experts will participate, not all of the team members.
City Project Stakeholders
Individuals who are actively involved in the project, or whose interests may be positively or negatively affected because of project execution or successful project completion.
City Project Observers
Project observers are City employees that can audit and interact with the project like other employee, however, they do not have a specific role in the project.
City Subject Matter Experts
The City is to identify at least two individuals as Cityworks system administrators. The selected individuals will serve as system administrators for the Cityworks AMS solution once it has been deployed in a production environment. System administrators are expected to be involved in the project tasks that directly relate to the system configuration decisions, such as business process and configuration workshops, as well as tasks that indirectly relate to system configurations such as integration workshops. These individuals will benefit from learning how the system can be configured and how external systems can affect/drive configuration.
Organizational Change Management Lead
The City is to identify and empower the change management lead who will support the City PM in ensuring the readiness of the organization, from executive leadership through Frontline operators and technicians. This individual will work across departments/divisions to prepare the organization for upcoming tasks. The change management lead is responsible for looking well into the future of the project and identifying potential issues related to readiness or willingness to adopt to come in changes and for taking the necessary steps to mitigate those issues. The City change management lead will also be responsible for measuring the adoption and benefit of the implemented solution.
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Centricity GIS
10659 N
Sahalee St
Cedar Hills, UT
84062
801-376-8160
Communication Lead
The City is to identify and empower at communications lead who will support the City PM in ensuring that the appropriate messaging is permeated throughout the organization during all of the phases of the project. The communications lead will set meetings, coordinate mass email communications, and organize readiness activities.
NOTE: The City may elect to assign multiple roles to a single individual Project Sponsors City of Santa Cruz Cityworks Implementation Project Team The following team charts are for general planning purposes, and subject to change at any time without prior notice.
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Centricity GIS
10659 N
Sahalee St
Cedar Hills, UT
84062
801-376-8160
Centricity’s Roles and Responsibilities
Centricity Project Manager
Centricity is to identify and empower a Project Manager who will jointly manage the project along with the City Project Manager. The Centricity Project Manager will be responsible for ensuring the availability, readiness, and participation of the Centricity resources as well as the execution of the Centricity assigned tasks and completion of the Centricity-assigned deliverables.
Centricity Implementation Team
Centricity is to identify and empower a set of individuals that constitute the Centricity team, also referred to as the implementation team. The team will consist of subject matter experts from Cityworks and GIS. The selected representatives from each of the participating departments will be available for the project throughout its entirety. We also strongly recommend that no single set of expertise a single threaded; each division should be championed by multiple core team members so that the staff workloads and turnover does not and duly affect the project.
Cityworks Systems Administrators
Centricity is to identify at least two individuals as Cityworks Santa Cruz Team Members. The selected individuals will serve as system administrators for the Cityworks AMS solution during implementation and once it has been deployed in a production environment as backups to the City Cityworks
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Cedar Hills, UT
84062
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Administrators. System administrators are expected to be involved in the project tasks that directly relate to the system configuration decisions, such as business process and configuration workshops, as well as tasks that indirectly relate to system configurations such as integration workshops.
Scope of Work
This Scope of Work (SOW)is between Centricity GIS and the City. This SOW identifies the tasks required for the successful implementation of the Cityworks AMS. Centricity GIS understands that the following requirements have been identified by the City, and will be included in implementation:
1. Project Management
2. Kickoff (Workflow Review) Meetings
3. Initial Cityworks Database Configuration
4. Storeroom configuration
5. Review of Configured Database
6. Historical Data Migration
7. City Systems Integrations
8. User Acceptance Testing
9. Admin User Training
10. End User Training
11. Rollout Support
12. Ad-Hoc Support
Definitions
The following words and terms, when used in this chapter, have the following meanings unless the context indicates otherwise.
Centricity GIS
The contractor identified under this document; the SOW outlines the work to be completed by Centricity GIS.
City Staff
City officers, officials, employees, agents, volunteers, and outside consultants employed by the City of Santa Cruz.
City Departments
Means the following departments of the City: IT Department, Water Department, and Public Works Department
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Public Works Department 801-376-8160
Responsible for providing the City with a variety of services including engineering design, traffic engineering and maintenance, stormwater management, street maintenance, resource recovery management, waste reduction programs, wastewater management and treatment, flood control, and parking control.
Water Department
Responsible for providing the City with a variety of services including engineering design, water management and treatment, customer service for billing, conserving water and protecting the watershed.
Water Distribution System
Data related to the water distribution system management and asset information, meaning any combination of pipes, valves, hydrants, blow-offs, air vents, sample stations, and other physical features that deliver water from the source or water. This Includes but is not limited to any, employee, maintenance schedule, etc. stored in the Water Distribution System database or related to the system.
Wastewater Treatment System
Any data relates to wastewater treatment system management and asset information, meaning the facility that provides service for the treatment of wastewater from public sewer systems. Including but not limited to any facility, equipment, cart, building, structure, employee, maintenance schedule, etc stored in the Wastewater Treatment System database or any data related to the system.
Stormwater or Wastewater Collection System
Any data relates to Stormwater or Wastewater Collection System management and asset information, meaning piping, pumps, conduits, and any other equipment necessary to collect and transport the flow of surface water run-off resulting from precipitation, or domestic, commercial, or industrial wastewater to and from retention areas or any areas where treatment is designated to occur. Including but not limited to any facility, equipment, cart, building, structure, employee, maintenance schedule, etc stored in the Stormwater or Wastewater Collection System database or any data related to the system.
Cityworks AMS
Cityworks AMS is designed to help organizations manage public assets and their associated data, work activities, and business processes. Service requests, work orders, and inspection tasks can be configured to meet your specific needs. Cityworks AMS is built exclusively on ArcGIS, allowing workers in the field to interact directly with GIS assets.
Tyler Eden
The City’s Enterprise Resource Planning (ERP) used for the City’s general ledger, human resources, payroll, and utility billing for refuse and water.
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The City’s Meter Data Management System.
Crystal Reports
A popular Windows-based report writer solution that allows a developer to create reports and dashboards from a variety of data sources with a minimum of code to write. Crystal Reports the report writer solution used by Cityworks.
1. Project Management (All Project Phases)
Description
The purpose of this task is to manage the project and lead a team to achieve all project goals within the scope, time, and budget. Centricity will work with the city to allocate all necessary inputs and apply them to meet the project goals.
In Scope
Centricity will lead in weekly communication with city team to track project delivery tasks, deliverables, and schedules.
Centricity will provide meeting agenda, minutes, and action items. Centricity will provide monthly invoices & progress reports. The invoice will be based on payment milestone outlined in this statement of work.
Centricity will provide and manage a project folder, which allows easy access for the city to upload and review documents.
Out of Scope
None.
Tasks
City will provide a project coordinator to work with City staff to coordinate bi-weekly or adhoc meetings and tasks.
Centricity will provide project management to track all project delivery tasks, deliverables and schedules.
Deliverables Milestones:
Provide a Project Plan, work plan and Timeline. (Format to be determined at Kickoff) Work plan to include all required tasks, dates and resource assignments to complete the implementation.
Provide a Risk Management Plan,
Provide a Communication Plan, Centricity Resource Management and Scheduling plan.
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Provide monthly invoices & progress reports.
Provide meeting agendas, minutes, and action items. This shall include Centricity providing meeting agendas 2 business days prior to any project meeting and meeting minutes and action items immediately following a project meeting.
Provide access to a shared project folder that will be updated to track project progress.
2. Kickoff (Workflow Review) Meetings (Onsite 5-Days + Remote 1-Day) Description
Meet with City staff to review workflows that will be created and configured in the Cityworks AMS Application. The outcome of this meeting will be knowledge transfer from City subject matter experts to the Centricity GIS Project Team so Centricity GIS can begin configuring the Cityworks system.
In Scope
Meetings to initiate project and begin getting teams familiar with the process and outline of key points of the implementation.
o Separate meetings shall be conducted at the request of the city staff based on the different AMS business process when reviewing report requirements or user functional requirements.
Provide specification information for tablet, laptop orders, assist City Staff to identify the needs and ordering process.
Document existing as-is and to-be business process map (including options and implications to each option/decision) for workflows that are required to support functional requirements for:
o Water Distribution System
o Wastewater Treatment System
o Stormwater and Wastewater Collection System
Out of Scope
None
Details
Key Personnel: Decision makers for the configuration of Cityworks along with SMEs for the Water and Public Works departments. The City’s GIS Manager will also need to be present. Estimated hours per day of key personnel: 8 (The effort and responsibility of key personnel will be re-estimated before each task begins. The key personnel list will be updated and sent out to the project sponsor team for review and approval in advance. For any meeting longer than 2- hours, Centricity GIS should schedule the meeting at least 2 weeks in advance. Centricity GIS shall provide necessary effort to arrange meeting time to suit City staff’s working hours without compromising the quality of the project outcome)
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Responsibilities of key personnel: help with the discussion, answer questions, spread your knowledge in your area of expertise (See RACI chart).
Tasks:
Meet with City staff to review and understand the City workflows for AMS, separate meetings will be conducted for different system, centricity will also identify and document the functional requirements into Workflow Review Report based on each system’s needs. o Water Distribution
o Wastewater Treatment System
o Stormwater and Wastewater Collection System
Establish expectations of the roles and responsibilities of Project Team, Subject Matter Experts, Stakeholders and Sponsors.
Review Timeline and organize department activities for implementation. Review hardware/software requirements with IT and GIS teams. Conduct an in-depth review of GIS for each department. o Modifications to GIS will be coordinated with GIS team and Centricity GIS. Review Reporting requirements along with Sample reports and KPI’s for different systems.
Centricity will identify and document the report requirement into Workflow Review Report. The project team will meet with department subject matter experts and review data workflows. o Each system group will be tasked with data gathering for their specific group including but not limited to:
Employee lists
Materials lists - Equipment list
Service Request Types (Calls that come into the dept) Work Order Types a. Associated Asset Types for Work Orders Inspection Types along with sample Inspections lists
Priorities
Custom Data fields (Custom data fields should reference a data standard document)
Centricity GIS will work with City IT for software and setup configuration environments. Provide an overview training of the solution to help users understand the available functionality. City staff will be identified for the Administration training course.
Deliverable Milestones
Provide workflow Review Report (Report shall be separated into 3 sections based on Water Distribution System, Wastewater Treatment System, Stormwater and Wastewater Collection System).
Provide a list of existing reports to be converted.
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3. Initial Cityworks Database Configuration (Remote 300 Hours) Description
Configuration of City data and workflows in Cityworks AMS system to support City requirements.
In Scope
System Configuration for Water and Public Works
o Water Distribution System
o Wastewater Treatment System
o Stormwater and Wastewater Collection System
Inboxes for any City Staff who work with the system
Exchange (M365) integration.
Active Directory Integration
All resources including but not limited to:
o Employees Lists
o Materials Lists
o Equipment Lists
o Vendors List
o Contractors List
o Crew List
o Training List, etc.
All pull down menus and custom data fields including but not limited to:
o Service Request Types
o Work Order Types,
o Inspection Types,
o Cause,
o Problem Code
o Resolution Code, etc.
Connections of GIS to Cityworks, including but not limited to:
o Asset Information,
o Asset Hierarchy
o Asset Attribute Data such as nameplate data or specification data, warehouse, and inventory information
Email Settings/Trigger Events, set up notifications based on city’s workflow Crystal Reports for Printing
Crystal Reports (Up to 20)
System configuration with any new list or updated list provided by the City Staff is included in the scope
Cityworks Admin Crystal Reports Training Sessions
Preventative maintenance programs with assets, schedules, frequencies, checklists, safety notes, project lists or any related information.
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System configuration requirements shall conform to the directions by City Staff, any item not listed in the out-of-scope section will be consider in scope under general system configuration requirements.
Asset management program with asset risk assessment information, includes but not limited to dynamic data field with the ability to automatically update based on work order (WO) inputs, etc.
Out of Scope
Any other group not included in the above listed groups. i.e. Fleet, City Facilities (other than Wastewater Facilities, etc)
Data Conversion outside of current (retiring) AMS system and City’s GIS database (any Water Distribution system, Wastewater Treatment system, Storm and Wastewater Collection system data stored the city’s GIS database will be consider in scope). More than 20 Crystal Reports
o Additional reports billed on a time and material basis ($200.00/hr) Details
Key Personnel: Decision makers for the configuration of Cityworks along with SMEs for the Water and Public Works departments. The City’s GIS Manager will also need to be present. Estimated hours per day of key personnel: 3-6 (The effort and responsibility of key personnel will be re-estimated before each task begins. The key personnel list will be updated and sent out to the project sponsor team for review and approval in advance. For any meeting longer than 2- hours, Centricity GIS should schedule the meeting at least 2 weeks in advance. Centricity GIS shall provide necessary effort to arrange meeting time to suit City staff’s working hours without compromising the quality of the project outcome)
Responsibilities of key personnel: review the database configuration, ask questions if something doesn’t make sense (See RACI chart).
Tasks:
Cityworks Database Configuration for:
o Water Distribution System
o Wastewater Treatment System
o Stormwater and Wastewater Collection System
Workflows
o Service Requests, Work Orders, Inspections
o Employees
o Material
o Equipment
o Crystal Reports
Reporting
o Setup of 20 Custom Reports using Crystal Reports.
Additional reports billed on a time and material basis ($200/hr)
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o Training on Crystal Reports within the Cityworks System to so Cityworks Admins within the City can create additional custom reports
Configure all resources including but not limited to:
o Employees Lists
o Materials Lists
o Equipment Lists
o Vendors List
o Contractors List
o Crew List
o Training List, etc.
Configure all pull down menus and custom data fields including but not limited to:
o Service Request Types
o Work Order Types
o Inspection Types
o Cause
o Problem Code
o Resolution Code, etc.
Configure Connection of GIS to Cityworks, including but not limited to:
o Asset Information
o Asset Hierarchy
o Asset Attribute Data such as nameplate data or specification data, warehouse, and inventory information
Determine with department manager/champion what data/inboxes need to be displayed. Build Inboxes – Build end user and management inboxes Configuration of Mobile Apps
Crystal Report Development
Dashboards and KPI’s
Configure preventative maintenance programs.
Configure asset management program with asset risk assessment information, includes but not limited to dynamic data field with the ability to automatically update based on WO inputs, etc Assist City in determining possible solutions to achieve City’s Data Standard goals, including data scrubbing and data export. (Allow City staff 14-days to update old data before data conversion and assist City with a plan for data that is obsolete, inaccurate, incomplete or in an incompatible format)
Document all configurations/changes made such that the system can be replicated in the future by another Cityworks consultant. This shall be presented to the City at the end of the project and include all configurations and decisions made in this project.
Deliverable Milestones:
System configuration setup
Documentation of configuration setup
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4. Storeroom Configuration (Remote 5-Days)
Description
Centricity GIS will configure Cityworks Storeroom for Materials Management within the Cityworks AMS application
In Scope
Setup of Storeroom
Configuration of Storeroom Groups
Out of Scope
Storeroom Audits
Details
Key Personnel: The Administrator and end users of Cityworks Estimated hours per day of key personnel: 4 (The effort and responsibility of key personnel will be re-estimated before each task begins. The key personnel list will be updated and sent out to the project sponsor team for review and approval in advance. For any meeting longer than 2- hours, Centricity GIS should schedule the meeting at least 2 weeks in advance. Centricity GIS shall provide necessary effort to arrange meeting time to suit City staff’s working hours without compromising the quality of the project outcome)
Responsibilities of key personnel: perform day-to-day activities and ask questions as needed (See RACI chart)
Tasks
Storeroom configuration
Deliverable Milestones
Historical inventory data and new parts list migrated into Cityworks Storeroom Cityworks Storeroom final delivery and review
5. Review of Configured Database (Onsite 5-Days)
Description
Meet with City staff to review workflows and Cityworks setup that has been configured.
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84062
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In Scope
Meet with City staff to review data configuration in the Cityworks AMS. Separate meetings shall be conducted based on different systems when reviewing configured data Any review comments or issue found during the configuration review will be addressed for the system in a month, if the City staff determine any comments or changes are significant, a second review will be conducted onsite at no additional cost to the City.
Out of Scope
None
Details
Key Personnel: Decision makers for the configuration of Cityworks along with SMEs for the Water and Public Works departments. The City’s GIS Manager will also need to be present. Estimated hours per day of key personnel: 8 (The effort and responsibility of key personnel will be re-estimated before each task begins. The key personnel list will be updated and sent out to the project sponsor team for review and approval in advance. For any meeting longer than 2- hours, Centricity GIS should schedule the meeting at least 2 weeks in advance. Centricity GIS shall provide necessary effort to arrange meeting time to suit City staff’s working hours without compromising the quality of the project outcome)
Responsibilities of key personnel: review the database configuration, ask questions if something doesn’t make sense (See RACI chart)
Tasks
Review configured system with each responsible department. Onsite review and final changes are noted and modifications will be done from meeting results. The City and Centricity project team will determine the end user training plan and schedule trainings.
Deliverable Milestones
Review of the Cityworks system with each system (Onsite 4 Days + 3 Days if significant change made during review and required repeat the review process) Configuration change notes
Final System Configuration delivery
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6. Historical Data Migration (Remote 100-Hours)
Description
Centricity GIS will migrate historical AMS data into Cityworks AMS. This consists of updating the Cityworks tables with the relevant data from the retiring AMS system including but not limited to WO, WOs identity, assets, costs etc.
In Scope
All data gathered from workflow meetings and functionality requirement gathering. o Any item listed under this section will need a clear description and discussion between Centricity and the City.
Centricity shall communicate and provide City staff adequate time to update old data before data conversion. If any data residing in the old AMS system appears to be obsolete, inaccurate, and incomplete or in an incompatible format, Centricity shall work with the City to determine possible solutions to achieve City’s Data Standard goals.
Out of Scope
Data Conversion outside of current AMS (Maintenance Connection) system and City’s GIS database (any Water Distribution system, Wastewater Treatment system, Storm and Wastewater Collection system data stored the city’s GIS database will be considered in scope). Data manipulation/conversion back to old system.
Custom triggers that require unsupported application modifications.
Details
Key Personnel: Decision makers for the historical AMS data. Estimated hours per day of key personnel: 8 (The effort and responsibility of key personnel will be re-estimated before each task begins. The key personnel list will be updated and sent out to the project sponsor team for review and approval in advance. For any meeting longer than 2- hours, Centricity GIS should schedule the meeting at least 2 weeks in advance. Centricity GIS shall provide necessary effort to arrange meeting time to suit City staff’s working hours without compromising the quality of the project outcome)
Responsibilities of key personnel: help with the discussion, answer questions, spread your knowledge in your area of expertise, review documentation for accuracy (See RACI chart) Tasks
Qualify and quantify what data needs to be imported.
Work with SMEs from the City to validate and map datapoints from pervious AMS system into Cityworks AMS.
Implement solutions to achieve City’s Data Standard goals. Import data into Cityworks
Data validation in Cityworks
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801-376-8160 Deliverable Milestones
Historical Data Migrated into Cityworks AMS
User Acceptance and Maintenance Connection Data verified in Cityworks
7. Cityworks and City Systems Integrations: MDMS (Badger), Tyler Eden, and WinCan (Remote – 100 Hours)
Description
Centricity Development Team will work with the City Key Stakeholders to identify the system integration requirements for each (MDMS, Eden and WinCan) integrations. City Key Stakeholders in conjunction with Cityworks Team will test and create monitoring systems/requirements. Training will be provided by Centricity Team to City Key personnel. Centricity will provide training and operational guides for the City.
In Scope
Proof of concept – Cityworks integration for MDMS (Badger), Integrations with Eden and WinCam
Workflow meetings and functionality requirement gathering Out of Scope
Integration between any other systems outside of MDMS (Badger), Tyler Eden and WinCan.
Details
Key Personnel: Decision makers for the historical AMS data Estimated hours per day of key personnel: 8 (The effort and responsibility of key personnel will be re-estimated before each task begins. The key personnel list will be updated and sent out to the project sponsor team for review and approval in advance. For any meeting longer than 2- hours, Centricity GIS should schedule the meeting at least 2 weeks in advance. Centricity GIS shall provide necessary effort to arrange meeting time to suit City staff’s working hours without compromising the quality of the project outcome)
Responsibilities of key personnel: help with the discussion, answer questions, spread your knowledge in your area of expertise, review documentation for accuracy (See RACI chart) Tasks
Two-way integration between Eden and Cityworks
Two-way integration between MDMS (Badger) and Cityworks Two-way integration between WinCan and Cityworks
Workflow review meetings with key stake holders to determine what datapoints and functionality needs to be integrated.
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Create test scripts
Deliverable Milestones
Test scripts for integration review
Datapoints and Functionality Review Report
Integration for Eden to Cityworks AMS
Proof of concept of integration for MDMS (Badger) to Cityworks AMS Integration for WinCan and Cityworks.
User acceptance of integration between Eden, Badger and WinCan in Cityworks Interface documentation
8. User Acceptance and Testing (Remote 25-days)
Description
The purpose of this task is to perform user acceptance testing and to sign off.
In Scope
Centricity will develop testing plan in conjunction with Santa Cruz team. Test plan should describe different levels of defects and enhancements.
Centricity will make necessary updates to Cityworks Configuration as needed following and during UAT Phase
Provide test script templates for UAT
Out of Scope
Training outside of the Cityworks system.
Details
Key Personnel: Administrators users of Cityworks and Identified Power Users. Estimated hours per day of key personnel: 8 (The effort and responsibility of key personnel will be re-estimated before each task begins. The key personnel list will be updated and sent out to the project sponsor team for review and approval in advance. For any meeting longer than 2- hours, Centricity GIS should schedule the meeting at least 2 weeks in advance. Centricity GIS shall provide necessary effort to arrange meeting time to suit City staff’s working hours without compromising the quality of the project outcome)
Responsibilities of key personnel: listen, learn, ask questions, complete testing scripts as prescribed by Team (See RACI chart)
Tasks
Centricity will create test database and environment.
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Centricity will create test scenarios, test scripts and test data. Centricity will develop UAT testing scripts based off the previously developed workflows (task 3).
Centricity will provide training to utilize the UAT test scripts and provide as needed assistance during the UAT period.
Centricity will provide a summary report of UAT test scenarios, highlighting any failed tests and indicating a plan of action.
Centricity shall provide at the end of the UAT period a detailed report showing completion of all testing scripts.
Deliverable Milestones
Document testing scripts and results
Centricity will provide training and operations guides to Power Users and Admin Users to help them test the system, address any comments or changes raised during testing. User Acceptance Testing and sign off
9. Admin User Training (Onsite 5-Days)
Description
Centricity GIS will provide onsite training for the primary, or “Administrator” users of Cityworks.
In Scope
Admin training shall cover training material for user to maintain the system. Admin training shall cover the technical requirements listed in the RFP for AMS implementation. Development of training materials customized to the City's configuration. Development of training guides, handouts, and other materials to be provided in hard and electronic pdf and .docx format.
All training sessions shall be recorded and provided to the City in mp4 or similar format. Centricity will provide 5 days of onsite training to City Staff. If the City requests additional training, Centricity agrees to provide up to 7 additional onsite training days at $2000/day. (This cost will be a lump sum per day to cover all costs. The City will not reimburse for travel, food, etc. separately).
Following the training of Administrator users, Centricity GIS will conduct a “Train-the-Trainer” style session with key department staff. The purpose of this training is to provide knowledge and steps necessary to train all other field personnel who will use the system.
Out of Scope
None
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Details
Key Personnel: the primary or “Administrator” (2-4 administrators) users of Cityworks Estimated hours per day of key personnel: 8 (The effort and responsibility of key personnel will be re-estimated before each task begins. The key personnel list will be updated and sent out to the project sponsor team for review and approval in advance. For any meeting longer than 2- hours, Centricity GIS should schedule the meeting at least 2 weeks in advance. Centricity GIS shall provide necessary effort to arrange meeting time to suit City staff’s working hours without compromising the quality of the project outcome)
Responsibilities of key personnel: listen, learn, ask questions, help your coworkers work through aspects of the training (See RACI chart)
Tasks:
Provide Training Guideline Document
User Account Creation
System additions (Work Orders, Service Requests, Inspections, Equipment, Materials, Codes, Status’, GIS settings and setup).
Reporting –Crystal Reports training will be covered to ensure that the Admin staff from the City are well trained in creating additional custom reports as needed for the City. Searching/Reporting training to demonstrate how to extract and organize data from Cityworks Provide training for setting up user-defined field, value entered into these fields can be used to trigger a maintenance action.
Provide training for the interface that can be used by the City Staff to manage AMS attributes, configurations, and settings (maintain valid value libraries, add custom fields, control number conventions, etc.)
Cityworks reconfiguration that needs completed based on Workflow Meetings and Admin training.
Deliverable Milestones:
Admin training (5 onsite days)
Report training
Copy of training material used in training session delivered in digital format (PDF and Word) Preparation for Go Live
10. End User Training (Onsite 15-Days)
Description
Centricity GIS will provide onsite training for the primary, or “End Users” of Cityworks.
In Scope
Flexible training sections based on operation’s need. Separate training meetings based on the following system:
o Water Distribution System
o Wastewater Treatment System
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o Stormwater and Wastewater Collection System
Centricity will provide 15 days of onsite trainings to City Staff. Upon request of the City, Centricity will provide up to 20 additional onsite training days at $2000/day (This cost will be a lump sum per day to cover all the cost. The City will not reimburse for travel, food, etc. separately), and up to 160 hours of additional offsite training at $200/hour.
Out of Scope
None
Details
Key Personnel: the “end users” of Cityworks
Estimated hours per day of key personnel: 8 (The effort and responsibility of key personnel will be re-estimated before each task begins. The key personnel list will be updated and sent out to the project sponsor team for review and approval in advance. For any meeting longer than 2- hours, Centricity GIS should schedule the meeting at least 2 weeks in advance. Centricity GIS shall provide necessary effort to arrange meeting time to suit City staff’s working hours without compromising the quality of the project outcome)
Responsibilities of key personnel: listen, learn, ask questions, help your coworkers work through aspects of the training (See RACI chart)
Tasks
Provide knowledge and steps necessary to train all field personnel who will use the system.
Training will cover (but not limited to):
o Accessing Cityworks
o Help Menus
o Cityworks Maps
o Service Requests
o Work Orders - Inspections
o Adding Costs - Reports (Running Reports)
o Searching (Creating individual searches for each user and how to utilize those searches within Dashboards and Inboxes)
o Dashboards/Inboxes
o Storerooms configuration
o Mobile Apps
Development of competency table highlighting the key competencies which will be trained and developed by attendees, including testing requirements which shall be evaluated at the end of the training period.
Development of competency tests
Deliverable Milestones
15 days of End User Training (120 hours)
Copy of training material used in training session delivered in digital format (PDF and Word). Training completion sign offs based on the previously developed competency tables.
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11. Rollout Support (Onsite – 5 Days and offsite for up to 4 months after deployment)
Description
Rollout support as users begin to use the Cityworks System. Rollout Support is part of the implementation scope and will not add additional cost to the contract In Scope
Support for End Users and Administrators as system goes live. Sixteen (1 hr./week) weekly web conference call to provide users opportunities to ask questions, acquire additional training and support.
Adjustments as needed from Go Live feedback
Creation of additional Inboxes/Dashboards as needed.
5 Days Onsite Support
Out of Scope
None
Details
Key Personnel: The Administrator and end users of Cityworks Estimated hours per day of key personnel: 8 (The effort and responsibility of key personnel will be re-estimated before each task begins. The key personnel list will be updated and sent out to the project sponsor team for review and approval in advance. For any meeting longer than 2- hours, Centricity GIS should schedule the meeting at least 2 weeks in advance. Centricity GIS shall provide necessary effort to arrange meeting time to suit City staff’s working hours without compromising the quality of the project outcome)
We will be there as needed as staff goes about their day-to-day activities Responsibilities of key personnel: go about your day-to-day activities and ask questions as needed (See RACI chart)
Tasks
Project Team will determine any final system changes and prepare system for go live. Centricity GIS will be onsite for Go Live working with end users and administrators to ensure a smooth process of beginning to use the Cityworks software. Build Dashboards – Build end user and management inboxes/dashboards Cityworks Reconfiguration that needs completed based on Workflow Meetings and Admin training.
Configuration of Mobile Apps
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Deliverable Milestones
Support for End Users and Administrators as system goes live, 16 (1 hr/week) weekly web conference call to provide users opportunities to ask questions, acquire additional training and support
5 days onsite support
Adjustments as needed from Go-Live feedback
Creation of additional Inboxes/Dashboards as needed
Support for End Users and Administrators as system goes live
12. Ad-Hoc Support (Remote 160 Hours)
Description
Post Go Live support for additional system changes and/or training. Not part of the implementation scope.
In Scope
Support not related to the implementation and roll out.
Out of Scope
Custom build coding and/or integrations outside of defined system integrations being developed.
Details
Key Personnel: The Administrator and end users of Cityworks Estimated hours per day of key personnel: 4 (The effort and responsibility of key personnel will be re-estimated before each task begins. The key personnel list will be updated and sent out to the project sponsor team for review and approval in advance. For any meeting longer than 2- hours, Centricity GIS should schedule the meeting at least 2 weeks in advance. Centricity GIS shall provide necessary effort to arrange meeting time to suit City staff’s working hours without compromising the quality of the project outcome)
We will be available as needed as staff goes about their day-to-day activities Responsibilities of key personnel: go about your day-to-day activities and ask questions as needed (See RACI chart)
Tasks
Deliver support as needed not related to implementation scope.
Deliverable Milestones
Support as needed at negotiated rate (up to 160 Hours) Additional Onsite Days if requested/needed at $2000/day if requested by the City
24.46 27
Centricity GIS
10659 N
Sahalee St
Cedar Hills, UT
84062
801-376-8160
Project Timeline
Task Name Duration
Kickoff Meeting 6d
Initial Cityworks Database
Configuration
60d
Review of Configured Database 5d
User Acceptance 25d
Administrator Training 2d
End User Training 5d
Rollout Support 5d
Storeroom Configuration 14d
Ad-Hoc Support Post Go Live 20d
Eden Integration for Cityworks 30d
MDMS Integration for Cityworks 30d
Historical Data Migration 30d
Fee Schedule
Milestone Definition Task
Project
Stage
Payment
Project
Management
Stage Payment
Milestone Payment
1 • Completion of Workflow Review Phase
(Kick off Meeting)
• Delivery of Final Workflow Review
Report
• Delivery of List of Existing Reports to be
converted
• City signoff that final version or reports
meets all the requirements.
2 $
11,250.00
$
1,250.00 $ 12,500.00
2 • Completion of the Cityworks Database
Configuration and Review
• Delivery of the Configuration Change
Notes
conducted the final system review, all city
comments addressed by Centricity,
approved by all the authorized city staff
3,4 $
56,250.00
$
6,250.00 $ 62,500.00
24.47 28
Centricity GIS
10659 N
Sahalee St
Cedar Hills, UT
84062
801-376-8160
3 • Completion of Historical Data
Configuration, Storeroom Configuration
• The Ctiy received and approved data
migration plan, historical data migrated
into Cityworks AMS.
• User Acceptance and Maintenance
Connection Data verified in Cityworks
• The City received storeroom
configuration set up, historical inventory
data and new parts list migrated into
Cityworks Stroeroom. Final Storeroom
configuration reviewed by city staff and
delivered.
• The authorized city staff signed data
acceptance form
5,6 $
45,000.00
$
5,000.00 $ 50,000.00
4 • Completion of City Systems Integration
and User Acceptance and Testing
• The City received and approved Test
scripts and scenario
• The City received Datapoints and
Functionality Review Report for
integration
• Completed Integration for Eden to
Cityworks AMS
• Completed integration for MDMS
(Badger) to Cityworks AMS
• Completed Integration for WinCan and
Cityworks.
• User acceptance of integration between
Eden, Badger and WinCan in Cityworks
and approved by all the authorized city
staff
• The City received training and
operation guide
• The assigned city staff completed user
acceptance test and approved the test
result
• The authorized city staff signed user
acceptance form
7,8 $
45,000.00
$
5,000.00 $ 50,000.00
5 • Completion of User and Admin Training
• The City received 5 days on-site admin
training and training material
• The City received 15 days on-site end
user training and training material
• Completion of any additional training at
the request by the city
• The authorized city staff signed trainng
completion form
9,10 $
33,750.00
$
3,750.00 $ 37,500.00
24.48 29
Centricity GIS
10659 N
Sahalee St
Cedar Hills, UT
84062
801-376-8160
6 • Completion of Rollout Support
• The City received 5 days on-site support
• The City received 16 (1 hr/week) weekly
web conference calls
• The City received adjustments as
needed and fixed within the 4-month
period
11 $
11,250.00
$
1,250.00 $ 12,500.00
Total
$
202,500.00
$
22,500.00 $ 225,000.00
RACI Chart
A RACI chart (Responsible, Accountable, Consulted, and Informed) is a way to identify project teams’ roles and responsibilities for any task, milestone, or project deliverable.
Task City IT City Water City PW Centricity HDR KJ
Kickoff (Workflow Review)
Meetings I A A R C C
Initial Cityworks Database
Configuration C A A R C C
Review of Configured
Database C A A R C C
Historical Data Migration C A A R C C
Storeroom Configuration C A A R C C
City Systems Integration C A A R C C
User Acceptance Training C A A R C C
Admin User Training C A A R C C
End User Training I A A R C C
Rollout Support C A A R C C
Ad-Hoc Support I A A R C C
24.49 24.50
24.51 24.52
24.53 24.54
24.55 24.56
24.57 24.58
24.59 24.60
24.61 24.62
24.63 24.64
24.65 24.66
24.67 24.68
24.69 City Council
AGENDA REPORT
DATE: 06/16/2022
AGENDA OF: 06/28/2022
DEPARTMENT: Planning
SUBJECT: Award Contract for an Environmental Impact Report (EIR) for Ocean Place (908 Ocean Street) (PL)
RECOMMENDATION: Motion to award a contract to Kimley-Horn (Capitola, CA) for the preparation of an EIR for Ocean Place (908 Ocean Street) in the amount of $190,261, reject all other proposals, and authorize the City Manager to execute an agreement in a form approved by the City Attorney with Kimley-Horn for the preparation of an EIR for Ocean Place (908 Ocean Street).
BACKGROUND: City staff has reviewed a land use application for a project called Ocean Place. The project has been referred to as 908 Ocean Street but actually encompasses 20 parcels and several addresses that constitute the majority of the block of Ocean Street, Water Street, May Avenue, and Hubbard Street. The project will demolish 12 residential units and approximately 27,631 square feet of commercial space and will build a mixed-use development consisting of 7,430 square feet of commercial space and 390 dwelling units. The project will comply with the requirements of the California Environmental Quality Act (CEQA) through preparation of an Environmental Impact Report (EIR). The purpose of the EIR is to evaluate potential impacts of a project on the environment, to recommend measures to avoid or mitigate those impacts, and to review project alternatives.
On December 15, 2021, the City issued a Request for Proposals (RFP) for professional services to complete the EIR. Due to a low number of responses, the City re-issued the RFP on February 7, 2022 and again on March 15, 2022. A copy of the request for proposals can be found here:
https://www.cityofsantacruz.com/government/city-departments/planning-and-communitydevelopment/planning-division/active-planning-applications-and-status/significant-projectapplications/908-ocean-street.
DISCUSSION: After the hour of 4 P.M. on March 29, 2022, the Planning and Community Development Department opened proposals for the EIR for Ocean Place. Proposals were evaluated based on the criteria listed in the solicitation.
The City received a total of three proposals from the following firms: Kimley-Horn, located in Capitola; SWCA, located in Half Moon Bay; and Impact Sciences, located in Oakland. Of the three proposals, Kimley-Horn’s most closely met the criteria described in the RFP. The two other firms did not fit the request for proposal as well for reasons including less relevant experience with comparable projects and their proposed scopes of work lacked essential items or included
25.1 items that were not relevant to the project. Therefore, the Planning Department selected KimleyHorn as the leading contender.
The Planning Department has negotiated a refined scope of work with Kimley-Horn that includes a reduced cost from their initial submittal. The attached Professional Services Agreement for Ocean Place EIR details the scope of work and revised cost. Note that a contingency item in the scope related to work potentially needed for VMT (Vehicle Miles Traveled) analysis could add an additional $5,000 to the total of $190,261.
Health in All Policies: Health in all Policies (HiAP) is a collaborative approach to improving the health of all people by incorporating health considerations into decision-making across sectors and policy areas. HiAP is based on three pillars: equity, public health, and sustainability. The goal of HiAP is to ensure that all decision-makers are informed about the health, equity, and sustainability impacts of various policy options during the policy development process. To meet CEQA requirements, the EIR must evaluate potential impacts to the environment and provide measures to avoid or mitigate those impacts to the extent practicable. By its very nature, an EIR will seek to minimize environmental impacts of a project, thus incorporating equity, public health, and sustainability considerations into the project. Therefore, awarding the contract for the Ocean Place EIR is consistent with the three pillars of the HiAP.
FISCAL IMPACT: The project applicant will pay the full cost of the EIR contract. In addition, the applicant will pay an amount equal to 25 percent of the EIR contract for contract management and oversight by the Planning Department as specified in the fee schedule.
Therefore, the contract award has no impact to the General Fund.
Prepared By:
Clara Stanger
Senior Planner
Submitted By:
Lee Butler
Director of Planning and
Community Development
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. PROFESSIONAL SERVICES AGREEMENT FOR OCEAN PLACE EIR.PDF The EIR, Plan Set, and Reports and Analyses can be found here:
https://www.cityofsantacruz.com/government/city-departments/planning-and-communitydevelopment/planning-division/active-planning-applications-and-status/significant-projectapplications/908-ocean-street
25.2 City of Santa Cruz Professional Services Agreement for Ocean Place EIR June 2022 (Form Rev.0921) Page 1
PROFESSIONAL SERVICES AGREEMENT FOR
OCEAN PLACE (908 OCEAN) EIR
THIS AGREEMENT for professional services is made by and between the City of Santa Cruz (“City”) and KimleyHorn and Associates (“Consultant”) (each is referred to individually as a “Party” and collectively, as the “Parties”) as of June 28, 2022 (the “Effective Date”).
NOW, THEREFORE, in consideration of each other’s mutual promises, the Parties hereto agree as follows:
SECTION 1: SCOPE OF WORK
Consultant will furnish services as defined and described in the Scope of Work, attached hereto as Exhibit A and incorporated herein.
SECTION 2: RESPONSIBILITIES OF CONSULTANT
All work performed by Consultant, or under Consultant’s direction, shall be rendered in accordance with the generally accepted practices, and to the standards of, Consultant's profession. Consultant represents and warrants that Consultant: (i) is fully experienced and properly qualified to perform the work and services provided for herein, (ii) has the financial capability required for the performance of the work and services, and (iii) is properly equipped and organized to perform the work and services in a competent, timely, and proper manner, in accordance with the requirements of this Agreement.
Consultant shall not undertake any work beyond the Scope of Work set forth in Exhibit A unless such additional work is approved in advance and in writing by City. The cost of such additional work shall be reimbursed to Consultant by City on the same basis as provided for in Section 4.
If, in performing the work, it is necessary to conduct field operations, security and safety of the job site will be the Consultant's responsibility excluding, the security and safety of any facility of City within the job site which is not under the Consultant's control.
Consultant shall meet with Lee Butler, Director of the Planning and Community Department, hereinafter called "Director", or other designated and authorized City personnel, or third parties as necessary, on all matters connected with carrying out of Consultant’s services described in Exhibit A. Such meetings shall be held at the request of either Party. Review and City approval of completed work shall be obtained monthly, or at other intervals as may be mutually agreed upon during the course of this Agreement. Review, approval, or acceptance of Consultant’s work by City or others shall not relieve Consultant from responsibility for errors and omissions in Consultant’s work.
SECTION 3: RESPONSIBILITIES OF THE CITY
City shall make available to Consultant all necessary data and information in the City's possession and shall actively assist Consultant in obtaining such information from other agencies and individuals as needed. Consultant is entitled to reasonably rely upon the accuracy and completeness of such data and information, and Consultant shall provide City prompt written notice of any known defects in such data and information.
The Director may authorize a staff person to serve as his or her representative. The work in progress shall be reviewed at such intervals as may be mutually agreed upon between the Parties. The City will be the sole judge of acceptable work, provided that such approval will not be unreasonably withheld or delayed. If the work is not acceptable, City will inform Consultant of the changes or revisions necessary to secure approval.
25.3 City of Santa Cruz Professional Services Agreement for Ocean Place EIR June 2022 (Form Rev.0921) Page 2
SECTION 4: FEES AND PAYMENT
For services actually performed, the City will compensate Consultant at the rates set forth in the Fee Schedule detailed in Exhibit B and in accordance with the terms set forth therein. Payment for Consultant's services in carrying out the entire the Scope of Work shall be made within the budget limit, or limits shown, upon Exhibit B. Such payment shall be considered the full compensation for all personnel, materials, supplies, and equipment used by Consultant in the Scope of Work.
Consultant agrees that the payments to Consultant specified in this Section 4 will constitute full and complete compensation for all obligations assumed by Consultant under this Agreement. Where conflicts regarding compensation may occur, the provisions of this section apply.
Variations from the budget for each task which are justified by statements indicating personnel time expended and submittal of a revised budget are only allowed with prior City approval; however, in no event shall the total fee charged for the Scope of Work set forth in Exhibit A exceed the budget of $190,261 without advance written City authorization in the form of an amendment or change order.
Invoices shall detail the time worked by each class of employee on each task and the expenses incurred for which billing is made. Invoices shall indicate the percentage completion of each work task as identified in the Scope of Work in Exhibit A and the overall percentage of completion of the total required services. Unless otherwise specified in the fee schedule, payments shall be made monthly by the City within 30 days based on itemized invoices from the Consultant which list the actual costs and expenses.
All invoices shall contain the following affidavit signed by Consultant (if individual) or by a principal of Consultant’s firm (if Consultant is an entity):
"I hereby certify [or as principal of Consultant] that the charge of (Insert invoice amount) as summarized above and shown in detail on the attachments is a fair and reasonable use of public funds, is in accordance with the terms of Agreement dated (Insert Agreement Date), and has not been previously paid."
SECTION 5: TRAVEL REIMBURSEMENT POLICY
The City shall not be responsible for any travel, meal, or lodging reimbursements to Consultant and/or Consultant’s employees.
SECTION 6: CHANGES IN WORK
City may negotiate changes in the Scope of Work. No changes in the Scope of Work shall be made without the written approval of City and Consultant. Any change requiring compensation in excess of the sum specified in Exhibit B shall be approved in advance in writing by the City. Only City’s authorized representative(s) is authorized to approve changes to this Agreement on behalf of City.
SECTION 7: TIME OF BEGINNING AND SCHEDULE FOR COMPLETION The term of this Agreement shall be on the effective date of this Agreement and terminating on June 28, 2024.
Consultant shall begin work as specified in a written authorization (e.g. Notice to Proceed) to perform services. The written authorization to perform work shall not be issued until after this Agreement has been approved and authorized by the City.
The Work Schedule for completion of the work shall be as shown upon Exhibit C. In the event that major changes are ordered, the schedule for completion as stated in Exhibit C may be adjusted by City so as to allow Consultant a
25.4 City of Santa Cruz Professional Services Agreement for Ocean Place EIR June 2022 (Form Rev.0921) Page 3
reasonable period of time within which to complete any additional work which may be required as a result of the ordered changes.
Neither party will be held responsible for delay or default caused by declared emergencies, natural disasters, or any Force Majeure event which is beyond the party's reasonable control. Consultant will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently pursue performance of its obligations in this Agreement.
The City reserves the right to obtain the item(s) and/or services covered by this Agreement from another source during any on-going suspension of service due to the circumstances outlined above.
Consultant acknowledges that it is necessary for Consultant to complete its work on or before the completion date set forth in Exhibit C in order to allow the City to achieve its objectives for entering into this Agreement. The Parties therefore agree that time is of the essence in the performance of this Agreement.
SECTION 8: TERMINATION
The City may terminate the Agreement for convenience by providing written notice to Consultant not less than 10 calendar days prior to an effective termination date.
The City or Consultant may terminate the Agreement for cause by providing written notice to the other party not less than 30 calendar days prior to an effective termination date.
The City may, at its option, allow Consultant to cure its failure to perform within 15 business days (or longer period authorized in writing by the City) from the date of the City’s termination notice. The termination shall be become effective if Consultant has not cured within such time period to the City’s satisfaction.
Consultant may terminate this Agreement for cause if the City fails to cure a material default in performance within a period of 30 calendar days (or such longer period agreed to by the Consultant), from date of the Consultant’s written termination notice specifying the default in performance.
Upon notice of termination by either the City or Consultant, the Consultant will immediately act to not incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. The City’s only obligation to the Consultant will be just and equitable payment for services authorized by, and received to the satisfaction of, the City up to and including the effective date of termination less any amounts withheld. All finished or unfinished work or documents procured or produced under the Agreement will become property of the City upon the termination date. In the event of Consultant’s failure to perform pursuant to the Agreement, the City reserves the right to obtain services elsewhere and Consultant will be liable for the difference between the prices set forth in the terminated Agreement and the actual cost to the City. Termination of the Agreement pursuant to this paragraph shall not relieve the Consultant of any liability to City for additional costs, expenses, or damages sustained by City due to failure of the Consultant to perform pursuant to the Agreement. City may withhold any payments to Consultant for the purpose of set-off until such time as the exact amount of damages due City from Consultant is determined. After the effective date of termination, Consultant will have no further claims against the City under the Agreement. No other compensation will be payable for anticipated profit on unperformed services.
SECTION 9: INSURANCE
Prior to the beginning of and throughout the duration of the Agreement, Consultant will maintain and comply with the Insurance Requirements as set forth in Exhibit D. Consultant will insure the City against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder. The insurance coverages required shall not in any way limit the liability of the Consultant.
25.5 City of Santa Cruz Professional Services Agreement for Ocean Place EIR June 2022 (Form Rev.0921) Page 4
SECTION 10: INDEMNIFICATION
Consultant agrees, to the fullest extent permitted by law, to indemnify, defend, and hold harmless the City, its officials, officers, employees, agents, and volunteers (collectively, “Indemnitees”) from and against any and all liability, claim, action, loss, injury, damage, judgment, or expense, including attorneys’ fees and costs (“Losses”) caused by or resulting from the negligence, recklessness, or willful misconduct of Consultant, Consultant’s officers, employees, agents, or subcontractors in any way related to this Agreement. Consultant’s duty to indemnify and hold harmless Indemnitees shall not apply to the extent such Losses are caused by the sole or active negligence or willful misconduct of Indemnitees, as determined by an adjudicatory body or court of competent jurisdiction. The obligation to defend shall arise regardless of any claim or assertion that Indemnitees caused or contributed to the Losses.
In the event this Agreement involves the performance of design professional services by Consultant, Consultant’s officers, employees, agents, or subcontractors, Consultant’s costs to defend Indemnitees shall not exceed the Consultant’s proportionate percentage of fault per Civil Code §2782.8. This section shall survive the termination or expiration of this Agreement.
SECTION 11: EQUAL EMPLOYMENT OPPORTUNITY/NON-DISCRIMINATION POLICIES City’s policies promote a working environment free from abusive conduct, discrimination, harassment, and retaliation; and require equal opportunity in employment for all regardless of race, religious creed (including religious dress and grooming practices), color, national origin (including language use restrictions), ancestry, religion, disability (mental and physical), medical condition, sex, gender (including gender identity and gender expression), physical characteristics, marital status, age, sexual orientation, genetic information (including family health history and genetic test results), organizational affiliation, and military or veteran status, or any other consideration made unlawful by local, State or Federal law. City requires Consultant to comply with all applicable Federal and State and local equal employment opportunity laws and regulations, and Consultant is responsible for ensuring that effective policies and procedures concerning the prevention of abusive conduct, discrimination, harassment, and retaliation exist in Consultant’s business organization. The City’s current Equal Employment Opportunity and Non-Discrimination policies to which this Section applies may be viewed at http://www.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html and http://www.cityofsantacruz.com/home/showdocument?id=59192.
SECTION 12: LEGAL ACTION/ATTORNEYS’ FEES
If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief. The laws of the State of California, with jurisdiction in the Santa Cruz County Superior Court, shall govern all matters relating to the validity, interpretation, and effect of this Agreement and any authorized or alleged changes, the performance of any of its terms, as well as the rights and obligations of Consultant and the City.
SECTION 13: AMENDMENTS
This Agreement may not be amended in any respect except by way of a written instrument which expressly references and identifies this particular Agreement, which expressly states that its purpose is to amend this particular Agreement, and which is duly executed by the City and Consultant. Consultant acknowledges that no such amendment shall be effective until approved and authorized by the City’s authorized representative. No representative of the City is authorized to obligate the City to pay the cost or value of services beyond the scope of services set forth in Exhibit A.
Such authority is retained solely by the City Manager, Director, or their designee. Unless expressly authorized by the City Manager or Director, Consultant’s compensation shall be limited to that set forth in Exhibit B, Fee Schedule.
25.6 City of Santa Cruz Professional Services Agreement for Ocean Place EIR June 2022 (Form Rev.0921) Page 5
SECTION 14: MISCELLANEOUS PROVISIONS
1. Project Manager. Director reserves the right to approve the project manager assigned by Consultant to said work.
No change in assignment may occur without prior written approval of the City.
2. Consultant Services Only. Consultant is employed to render professional services only and any payments made to Consultant are compensation solely for such professional services.
3. Independent Contractor. In the performance of this Agreement, it is expressly understood that Consultant, including each of Consultant’s employees, agents, subcontractors or others under Consultant’s supervision or control, is an independent contractor solely responsible for its own acts and omissions, and shall not be considered an employee of the City for any purpose. Consultant agrees to comply with AB5, codified at Labor Code section 2750.3, and shall indemnify, defend and hold harmless the City, its officials, officers, employees, and agents against any claim or liability, including attorneys’ fees and costs, arising in any manner related to this Agreement that an employee, agent or others under Consultant’s supervision or control was misclassified.
4. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
5. Subcontractors. Consultant shall obtain prior approval of the City prior to subcontracting of any work pursuant to this Agreement. If at any time, the City determines any subcontractor is incompetent or unqualified, Consultant will be notified and will be expected to immediately cancel the subcontract. Consultant shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein, including naming the City of Santa Cruz, its officers, officials, employees, agents, and volunteers as additional insureds. Any modification to the insurance requirements for subcontractors must be agreed to by the City in writing.
6. Assignment. This Agreement shall not be assigned without first obtaining the express written consent of the Director or after approval of the City Council. Neither party may assign this Agreement unless this Agreement is amended in accordance with its terms.
7. Conflicts of Interest. Consultant owes City a duty of undivided loyalty in performing the work and services under this Agreement. Consultant covenants (on behalf of Consultant and Consultant’s employees, agents, representatives, and subcontractors) that there is no direct or indirect interest, financial or otherwise, which would conflict in any manner or degree with the performance of services required under this Agreement. Consultant acknowledges and agrees to comply with applicable provisions of conflict of interest law and regulations, including the Political Reform Act, Section 1090 of the Government Code, and the City’s conflict of interest code. Consultant will immediately advise City if Consultant learns of a conflicting financial interest of Consultant during the term of this Agreement.
8. City Property. The work, or any portion, of Consultant in performing this Agreement shall become the property of City. The Consultant may be permitted to retain copies of such work for information and reference in connection only with the provision of services for the City. All materials and work product, whether finished or unfinished, shall be delivered to City upon completion of contract services or termination of this Agreement for any reason.
Unless otherwise provided herein, Consultant agrees that all copyrights which arise from creation of project-related documents and materials pursuant to this Agreement shall be vested in the City and Consultant waives and relinquishes all claims to copyright or other intellectual property rights in favor of City. Any work product related to this Agreement shall be confidential, not to be used by the Consultant on other projects or disclosed to any third party, except by agreement in writing by the City, or except as otherwise provided herein.
25.7 City of Santa Cruz Professional Services Agreement for Ocean Place EIR June 2022 (Form Rev.0921) Page 6
9. Intellectual Property and Indemnity. Consultant represents to City that, to the best of Consultant’s knowledge, any Intellectual Property (including but not limited to: patent, patent application, trade secret, copyright and any applications or right to apply for registration, computersoftware programs or applications, tangible or intangible proprietary information, or any other intellectual property right) in connection with any services and/or products related to this Agreement does not violate or infringe upon any Intellectual Property rights of any other person or entity.
To the fullest extent permitted by law, Consultant agrees to indemnify, defend, and hold harmless City, its officials, officers, employees, and agents, from any and all claims, demands, actions, liabilities, damages, or expenses (including reasonable attorneys’ fees and costs) arising out of a claim of infringement, actual or alleged, direct or contributory, of any Intellectual Property rights in any way related to Consultant’s performance under this Agreement or to the City’s authorized intended or actual use of Consultant’s product or service under this Agreement. This provision shall survive termination or expiration of this Agreement.
If any product or service becomes, or in the Consultant’s opinion is likely to become, the subject of a claim of infringement, the Consultant shall, at its sole expense: (i) provide the City the right to continue using the product or service; or (ii) replace or modify the product or service so that it becomes non-infringing; or (iii) if none of the foregoing alternatives are possible even after Consultant’s commercially reasonable efforts, in addition to other available legal remedies, City will have the right to return the product or service and receive a full or partial refund of an amount equal to the value of the returned product or service, less the unpaid portion of the purchase price and any other amounts, which may be due to the Consultant. City shall have the right to retrieve its data and proprietary information at no charge prior to any return of the product or termination of service.
10. Confidentiality.
a. Consultant shall not acquire any ownership interest in data and information (“City Data”) received by Consultant from City, which shall remain the property of the City. Certain information may be considered confidential (“Confidential Information”). Confidential Information shall mean all non-public information or proprietary materials (in every form and media) disclosed or made available directly or indirectly through any means of communication, either verbally or in writing, to Consultant in connection with this Agreement. Unless otherwise required by law, Consultant shall not, without City’s written permission, use or disclose City Data and/or Confidential Information other than in the performance of the obligations under this Agreement. As between Consultant and City, all City Confidential Information shall remain the property of the City. Consultant shall not acquire ownership interest in the City’s Confidential Information. b. Consultant shall be responsible for ensuring and maintaining the security and confidentiality of City Data and Confidential Information, protect against any anticipated threats or hazards to the security or integrity of City Data and Confidential Information, protect against unauthorized access to or use of City Data and Confidential Information that could result in substantial harm or inconvenience to City or any end users; and ensure the proper return and/or disposal of City Data and Confidential Information upon termination of this Agreement with notice to the City.
c. Consultant shall take appropriate action to address any incident of unauthorized access to City Data and Confidential Information, including addressing and/or remedying the issue that resulted in such unauthorized access, notifying City as soon as possible of any incident of unauthorized access to City Data and Confidential Information, or any other breach in Consultant’s security that materially affects City or end users; and be responsible for ensuring compliance by its officers, employees, agents, and subcontractors with the confidentiality provisions hereof. Should confidential and/or legally protected City Data be divulged to unauthorized third parties, Consultant shall comply with all applicable federal and state laws and regulations, including but not limited to California Civil Code sections 1798.29 and 1798.82 at
25.8 City of Santa Cruz Professional Services Agreement for Ocean Place EIR June 2022 (Form Rev.0921) Page 7
Consultant’s sole expense. Consultant shall not charge City for any expenses associated with Consultant’s compliance with these obligations.
d. Consultant shall defend, indemnify and hold harmless City, its officials, officers, employees and agents against any claim, liability, loss, injury or damage (including attorneys’ fee and costs) arising out of, or in connection with, the unauthorized use, access, and/or disclosure of City Data and/or Confidential Information by Consultant and/or its agents, employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of the City. This provision shall survive the termination or expiration of this Agreement.
11. Consultant's Records. Consultant shall maintain accurate accounting records and other written documentation pertaining to the costs incurred relating to this Agreement for examination and audit by the City, State, or federal government, as applicable, during the period of this Agreement, and for a period of at least five years from the date of the final City payment for Consultant's services, unless otherwise stated herein. If Consultant engages a subcontractor to perform work related to this Agreement with a cost of $10,000 or more over a 12-month period, such subcontract shall contain these same requirements. This provision shall survive the termination of this Agreement.
12. California Public Records Act. City is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If Consultant’s proprietary information is contained in documents or information submitted to City, and Consultant claims that such information falls within one or more CPRA exemptions, Consultant must clearly mark such information “Confidential and Proprietary,” and identify the specific lines containing the information. In the event of a request for such information, City will make best efforts to provide notice to Consultant prior to such disclosure. If Consultant contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief or other appropriate remedy from a court of law in Santa Cruz County before the City is required to respond to the CPRA request. If Consultant fails to obtain such remedy within the time the City is required to respond to the CPRA request, City may disclose the requested information without any liability to Consultant.
Consultant further agrees that it shall defend, indemnify and hold City harmless against any claim, action or litigation (including but not limited to all judgments, costs, and attorney’s fees) that may result from denial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the Consultant.
13. Compliance with Laws. All activities of Consultant, its employees, subcontractors and/or agents will be carried out in compliance with all applicable federal, state, and local laws and regulations.
14. Licensure. Consultant warrants that Consultant, its subcontractors and/or agents (if any) has/have complied with any and all federal, state, and local licensing requirements and agrees to provide proof of a current City of Santa Cruz Business Tax Certificate if:
Consultant, its subcontractor(s) and agent(s) or its business is/are located in the City of Santa Cruz; Will perform actual work in the City of Santa Cruz for 6 or more days annually; or Will use company vehicles to deliver within the City of Santa Cruz for 6 or more days annually.
For additional information and licensing requirements, view the City’s Business Licenses and Permits webpage or call the Revenue and Taxation division at 831/420-5070.
15. Living Wage. Every contract for services to the City for $10,000 or more, is subject to City of Santa Cruz Living Wage Ordinance number 2000-25. If applicable, Consultant agrees to comply with the requirements of the Living Wage ordinance as provided in Santa Cruz Municipal Code Chapter 5.10.
25.9 City of Santa Cruz Professional Services Agreement for Ocean Place EIR June 2022 (Form Rev.0921) Page 8
16. Prevailing Wages for Public Work. To the extent that the work or services to be performed under this Agreement may be considered a “public work” (construction, alteration, demolition, or repair work) pursuant and subject to Labor Code section 1720 et seq., Consultant (and any subconsultant performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreement. Consultant (and any subconsultant) shall adhere to the prevailing wage determinations made by the Director of Industrial Relations (DIR) pursuant to California Labor Code Part 7, Chapter 1, Article 2, applicable to the work, if any. All workers employed in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seq. and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. (CA Labor Code sections 1720, 1774 and 1782.) To the extent applicable to the scope of work and services under this Agreement, Consultant agrees to be bound by the state prevailing wage requirements, including, but not limited to, the following:
a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day (or portion thereof) for which the worker(s) was paid less than the prevailing wage rate, as specified in Labor Code section 1775; b. Consultant shall maintain and make available payroll and worker records in accordance with Labor Code sections 1776 and 1812;
c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seq. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages;
e. Consultant shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers.
f. Any failure of Consultant and/or its subconsultant to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option and shall be at the sole risk of Consultant. Consultant on behalf of itself and any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public work.
g. Consultant acknowledges that it and/or any subconsultant may not engage in the performance of any contract for public work unless currently registered with the DIR and qualified to perform public work pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
17. Storm Water Requirements. To the extent applicable to the Scope of Work under this Agreement, Consultant, Consultant’s employees, subcontractors, and agents are required to abide by the applicable City of Santa Cruz Storm Water Best Management Practices (BMPs) for the duration of the work. The City’s mandatory Storm Water BMPs, which are listed according to the type of work, operations, or business, are located on the City website at: https://www.cityofsantacruz.com/government/city-departments/public-works/stormwater/bestmanagement-practices
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18. Dispute Resolution. The Parties agree to attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement. Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested.
Promptly upon such notification, the Parties shall meet at a mutually agreeable time and place in order to exchange relevant information and perspective, and to attempt to resolve the dispute. In the event that no resolution is achieved, and if, but only if, the parties mutually agree, then prior to pursuing formal legal action, the parties shall make a good faith effort to resolve the dispute by non-binding mediation or negotiations between representatives with decision-making power, who, to the extent possible, shall not have had substantive involvement in the matters of the dispute. To the extent that the dispute involves or relates to a public works project, the Parties agree to attempt to resolve the dispute by complying with the claims process as set forth in Public Contract Code sections 9204(e), 20104-20104.6, but without waiving the requirements of the California Tort Claims Act, Gov’t Code section 800 et seq. unless otherwise agreed to by the Parties.
19. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by an act of God, natural disaster, pandemic, acts of terrorism, war, or other peril, which is beyond the reasonable control of the affected party and without the negligence of the respective Parties. Each party hereto shall give notice promptly to the other of the nature and extent of any Force Majeure claimed to delay, hinder or prevent performance of the services under this Agreement. Each Party will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently pursue performance of its obligations in this Agreement. In the event either party is prevented or delayed in the performance of its respective obligation by reason of such Force Majeure, there may be an equitable adjustment of the schedule and Consultant compensation based on City’s sole discretion.
20. Complete Agreement. This Agreement, along with any attachments, is the full and complete integration of the Parties’ agreement with respect to the matters addressed herein, and that this Agreement supersedes any previous written or oral agreements between the Parties with respect to the matters addressed herein. Unless otherwise stated, to the extent there is any conflict between this Agreement and any other agreement (written or oral), the terms of this Agreement shall control.
21. Severability. The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid or illegal.
22. Waiver. Waiver by any party of any portion of this Agreement shall not constitute a waiver of the same or any other portion hereof.
23. Governing Law. This Agreement shall be governed by and interpreted in accordance with California law.
24. Contract Interpretation. Each party acknowledges that it has reviewed this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.
25. MacBride Principles/Peace Charter. City of Santa Cruz Resolution NS-19,378 (7/24/90) encourages all companies doing business in Northern Ireland to abide by the MacBride Principles and Peace Charter.
26. Notices. If either party shall desire or is required to give notice to the other such notice shall be given in writing, via email and concurrently delivered by overnight Federal Express [or priority U.S. Mail], addressed to recipient as follows:
25.11 City of Santa Cruz Professional Services Agreement for Ocean Place EIR June 2022 (Form Rev.0921) Page 10
To CITY:
Department of Planning and
Community Development
Clara Stanger
908 Ocean Street Rm. 107
[email protected]
(831) 420-5247
To CONSULTANT:
Kimley-Horn
Bill Wiseman
824 Bay Avenue Ste. 10
Capitola, CA 95010
[email protected]
(831) 316-1430
Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.
27. Counterparts. The Parties may execute this Agreement in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party’s signature shall be accepted and valid as an original.
28. Warranty of Authority. The signatories to this Agreement warrant and represent that each is authorized to execute this Agreement and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Agreement. [SIGNATURES ON FOLLOWING PAGE]
25.12 City of Santa Cruz Professional Services Agreement for Ocean Place EIR June 2022 (Form Rev.0921) Page 11
Approved As To Form:
By: _____________________________ Date: __________________ Office of the City Attorney
CITY OF SANTA CRUZ
By: _____________________________ Date: __________________ Matthew Huffaker
City Manager
CONSULTANT
By: _____________________________ Date: __________________ Printed: ___________________________ Title: __________________
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EXHIBIT A: SCOPE OF WORK
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Scope of Work
Kimley-Horn and Associates, Inc. (Kimley-Horn), has prepared this Scope of Work for the City of Santa Cruz (Client or City) to prepare the Ocean Place EIR (the project), located 908 Ocean Street.
Kimley-Horn will be the prime consultant and will be responsible for all product deliveries, project management, selected technical analysis and peer review, and community engagement.
This scope of work assumes the preparation of a project-level EIR. It will analyze the impacts of the proposed project pursuant to the California Environmental Quality Act (CEQA), commencing with Section 21000 et seq of the California Public Resources Code. The EIR will meet the legal requirements of a complete, legally accurate and adequate, unbiased, and objective statement of the direct, indirect, and cumulative impacts of the proposed project. The EIR will provide the City of Santa Cruz community, the Planning Commission, and the City Council with accurate information regarding short- and long-term impacts.
Project Initiation
CEQA Kick-Off Meeting
Meet with City staff to discuss the environmental review process for the project and develop a strategy for environmental compliance that meets the requirements of CEQA. This meeting will focus on a discussion of the technical studies that have been or are anticipated to be prepared for the project (in support of the project application) and elements of previous environmental documents that will be utilized in preparation of CEQA documentation for the project.
Research and Investigation
Work with City staff and the project applicant (as necessary) to collect and review all relevant project plans and reports. Review and confirm that the project information collected is suitable for use in developing the project description, as well as applicable impact assessments for the environmental document.
Initial Study and Notice of Preparation
Draft Project Description
Prepare a draft of the project description including all referenced figures, as required per Section 15124 of CEQA. The draft project description will be submitted to the City for review and comment.
Initial Study
Using Word templates as provided by the Client, prepare the draft and final Initial Study to support the Notice of Preparation. This will include a review of applicant studies and results from the applicant’s community meeting; as well as the City’s General Plan, Local Coastal Plan, Zoning Code and other relevant studies. Where relevant, the Initial Study will tier from the City’s General Plan 2030 EIR, including the following topics:
Greenhouse Gas Emissions,
Population, Housing & Employment,
Public Services,
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Recreation, and
Utilities, except for water supply
This task includes one set of revisions from City staff on the draft Initial Study and Notice of Preparation.
Notice of Preparation
Prepare the Notice of Preparation (NOP) that summarizes the project and what environmental issues will be addressed fully in the EIR and those that will be determined to be insignificant, as described below.
Note that this approach takes a conservative approach by including potentially significant and legally challengeable environmental resource topics. This list may be amended based on discussions with City staff, as appropriate.
The NOP will adhere to the content requirements set forth in the CEQA Guidelines, including information describing the project, its location, and probable environmental effects. This work plan assumes the City will be responsible for distribution of the NOP, including submittal to the Office of Planning and Research, and applicable public noticing.
Comments received during the 30-day public review period for the NOP will be used to finalize the scope of the Draft EIR.
Public Scoping Meeting
Attend and facilitate a public scoping meeting for the proposed project via Zoom digital platform. The public scoping meeting will serve to obtain information and input from responsible agencies and the public, as well as to inform the public about the CEQA review and EIR process.
Prepare a draft and final presentation (in PowerPoint) for review with City staff.
Review NOP and Refine Project Scope
Based on comments received by the public from the NOP and the public scoping meeting, clarify/refine the scope of work for the EIR, and identify any additional analytical tasks not included in this scope of work.
Administrative Draft EIR
Executive Summary
Prepare an Executive Summary for the EIR including a Project Summary, an overview of project impacts, mitigation and levels of significance after mitigation, summary of project alternatives, and areas of controversy and issues to be resolved. The Environmental Summary will be presented in a columnar format.
Introduction and Purpose
The Introduction section will cite the provisions of CEQA and the CEQA Guidelines procedures applicable to the proposed project . This section will identify the purpose of the study and statutory authority as well document scoping procedures, summary of the EIR format, listing of responsible and trustee agencies, and documentation incorporated by reference.
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Final Project Description
Update/finalize the project description based on NOP comments and any minor refinements as provided by the City and/or the project applicant.
The Project Description will detail the project location, background and history of the project, discretionary actions, characteristics, goals and objectives, phasing, agreements, and permits and approvals which are required for the project based on available information.
Environmental Analysis
Kimley-Horn will describe existing conditions, the potential adverse effects of project implementation (both individual [direct/indirect] and cumulative), and measures to mitigate such effects. Environmental issues raised during the scoping process (Notice of Preparation responses, Public Scoping Meeting; and any other relevant and valid informative sources) also will be evaluated. The analyses will be based upon available data, results from additional research, and an assessment of existing technical data. The Environmental Analysis section of the EIR will discuss the existing conditions for each environmental issue area and will identify short-term and long-term environmental impacts associated with the proposed project, along with their levels of significance. Feasible mitigation measures will be recommended to reduce the significance of impacts and identify areas of unavoidable significant adverse impacts even after mitigation.
This section will include analysis for the following environmental issue areas, which may be refined based on the conclusions of the Initial Study:
Included for Detailed EIR Analysis
(Potentially Significant)
Excluded from Detailed EIR Analysis Per the Initial Study (Insignificant)
Air Quality and Greenhouse Gas
Emissions
Cultural Resources
Hazards & Hazardous Materials
Land Use & Planning
Tribal Cultural Resources
Water Service
Energy Conservation
Aesthetics
Agricultural Resources
Biological Resources
Geology & Soils
Hydrology & Water Quality
Mineral Resources
Noise
Population Housing & Employment
Public Services, Utilities
Transportation
Wildfire
Air Quality and Greenhouse Gas Emissions
Prepare the assessment of the air quality impacts utilizing the significance thresholds in CEQA Guidelines Appendix G and the Monterey Bay Air Resources District (MBARD) emissions-based thresholds. The California Emissions Estimator Model (CalEEMod) land use and air quality model will be used to estimate operational criteria air pollutant emissions generated by mobile sources for existing conditions and with the proposed changes in land use intensity to identify net increase in air pollutants, GHG emissions, and operational energy consumption. Construction emissions will be discussed qualitatively. Consistency
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with the MBARD’s Air Quality Management Plan will be reviewed in accordance with the District’s methodology of reviewing housing unit development within the City.
The technical analysis supporting this section will be included as an appendix to the Draft EIR.
Cultural Resources
The Cultural Resource Evaluation and Historical Report, both prepared by Archaeological Resource Management, will serve as the basis for potential impacts to cultural resources. The City’s General Plan 2030 EIR will be used for general Environmental Setting information as supplemented by a citywide Cultural Resources report prepared for the City in 2018 that provided an update to the study utilized in the General Plan EIR. The Historical Report identified one property (130 Hubbard Street) as potentially eligible for listing on the City’s Historic Building Survey under Criteria 5, 6 and 7 as a good example of the National Folk style, characteristic of the middle-to-late 19th Century. Existing reports will be supplemented by the following reviews to be conducted by Pacific Legacy. Request Sacred Land File search to the Native American Heritage Commission. If consultation with interested Native American tribes and individuals is recommended, this will be coordinated with the City and their AB52 notification/consultation process. Prepare a Supplemental Built Environment Evaluation to properly evaluate the built environment resources for all four CRHR criteria. This document will include local and regional historical context to properly evaluate the built environment resources for CRHR criterion 1 (properties “associated with events that have made a significant contribution to the broad patterns of our history”) and criterion 2 (properties “associated with the lives of persons significant in our past”) with a reevaluation of the built environment resources for CRHR criteria 1 and 2, taking into account relevant City studies.
This scope of work assumes that consultation with Native American tribes, as may be required by AB 52, will be completed by the City.
Hazards & Hazardous Materials
Prepare a Phase I Environmental Site Assessment (ESA) for the project site which will be used to support the environmental analysis and include as an appendix to the Draft EIR. The Phase 1 ESA will be prepared consistent with the standards as defined by ASTM International, formerly known as American Society for Testing and Materials.
Records Review
This task will be conducted by Kimley-Horn consistent with ASTM E 1527-13, 8.0, and will consist of the following:
a) Record Search – An environmental database search will be prepared encompassing the minimum search distances listed in ASTM E1527-13, 8.2.1. This report will be reviewed for known and suspect contaminated sites. Where available, local environmental agency, and other local governmental authority files, as defined in ASTM E 1527-13, 8.2.2.1 will be reviewed, if the Environmental Professional determines the files to be reasonably ascertainable and relevant to the successful completion of the Phase I ESA. This scope of work assumes that searches can be completed utilizing existing online database research. Should additional research include review
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of paper files as regulatory agencies be required, the additional research shall be considered additional services.
b) IC/EC Registries – Review readily available databases on institutional and engineering (IC/EC) controls and Activity Use Limitations (AULs).
c) Title Search and Judicial Records – Review these documents as provided by the project applicant.
d) Aerial Photograph Review – Examine readily available historical aerial photographs of the site and the surrounding vicinity. Aerial photographs will be researched to the earliest date that is reasonably obtainable.
e) Review of Local City Directories and Historical Maps – Obtain and review readily available historical city directories, fire insurance maps, and historical topographic maps. f) Other Historical Sources - Should Kimley-Horn determine that other non-traditional sources may provide information relevant to the completion of the Phase I ESA; these sources will be reviewed and documented.
Site Reconnaissance
Conduct a site reconnaissance consistent with ASTM E 1527-13, 9.0. The site reconnaissance will be noninvasive. Kimley-Horn will not collect and/or analyze any samples. The site reconnaissance will include, per City direction, observation of, or observation of the likelihood of, PCBs, septic tanks, and evidence of mold. This scope of work assumes appropriate site access and that site reconnaissance will be conducted as a single event. Additional site reconnaissance shall be considered an additional service.
Interviews
a) Interview current and past owners, operators and occupants of the project site that have or are likely to have material information regarding uses, physical characteristics and the potential for RECs at the subject property, consistent with ASTM E 1527-13 sections 10.5.1, 10.5.2, 10.5.2.1,
10.5.2.2, and 10.5.4.
b) In the case of abandoned properties, as defined in ASTM E 1527-13, 3.2.1, where there is evidence of uncontrolled access or unauthorized uses, interview current neighboring or nearby property owners (ASTM E 1527-13, 10.5.5).
c) Interview one or more of the following state or local agencies as defined in ASTM 1527-13, 11:
o Local fire department
o Local health agency
o Local environmental regulatory agency
This scope also assumes that as part of the interview process and site reconnaissance process above, Kimley-Horn will observe and interview on-site personnel and their procedures to understand their operations as they relate to storage, labelling, and disposal of hazardous materials. Review the current operator's permits and records as they relate to hazardous waste generator, storage, and disposal, as
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made readily available by the project applicant, and prepare an opinion on compliance with these permits.
Prepare a brief summary of our findings of this compliance review and provide it as an appendix to the Phase I ESA.
Report Preparation
Prepare a summary report of the results of the Phase I ESA as outlined in Appendix X4 of ASTM E 1527- 13, which will be provided in electronic format (portable document format).
Services Not Included
Any other services, including but not limited to the following, are not included in this Agreement:
Physical inspection of the roof, and building systems including, but are not limited to plumbing, electrical, fire sprinkler and mechanical systems.
Hazardous building material survey including but are not limited to asbestos and lead based paint.
Physical Inspection of occupied existing buildings.
Phase II Environmental Site Assessment
Information Provided by Client
Kimley-Horn will rely on the completeness and accuracy of all information provided by the project applicant or their representatives. Information requested by Kimley-Horn is assumed to include but is not limited to the following:
As-Built record drawings of the structures and site
Site plan (electronic PDF format)
Title Report
Contact information for current and past owners
50-year chain of title
Complete the Phase I ESA User Questionnaire
Missing information will be listed as a limitation in the Phase I ESA, as defined in ASTM E 1527-13.
Responsibilities of Project Applicant
In addition to other responsibilities described above, the project applicant shall provide access and escort to the interior and exterior of the buildings and the site during normal business hours.
Hazards and Hazardous Materials Environmental Section
Using the Phase 1 ESA, identify the historic uses associated with the project site, as well as any hazardous materials that may be located in or around the project site. Describe the potential hazardous materials that may be introduced to the project site as a result of the project, and any impacts associated with these materials. Identify if the proposed project would interfere with any emergency response plans or expose people to hazards associated with wildland fires. Mitigation measures will be provided where necessary to reduce impacts associated with the proposed project.
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Land Use & Planning
Review potential project conflicts with plans, policies or regulations adopted for the purpose of avoiding or mitigating an environmental effect will be analyzed in the EIR. This will include the 2030 General Plan, the Local Coastal Plan, the Downtown Plan, the Beach and South of Laurel Plan, the San Lorenzo River Urban River Plan, and the Zoning Code. A consistency analysis, in table format, will be prepared identifying potential conflicts with the 2030 General Plan policies.
The project site is not subject to any Habitat Conservation or Natural Community Conservation Plans and therefore will be identified as Effects Not Found to be Significant.
Utilities – Water & Energy Conservation
Potential impacts related to public services (e.g. police, fire, schools, recreation) and utility demand (e.g. water, wastewater) resulting from growth and development will be assessed in the Initial Study.
Updated information regarding water supply planning will be described to reflect any changes in water demands and water supplies as identified in recent City plans, including the City’s most recently adopted Urban Water Management Plan.
The section will also provide operational energy calculations, utilizing the CalEEMod results to address energy use.
Transportation
VMT Analysis
Task 1 – Project Site Screening
Use information provided by the project applicant and City of Santa Cruz to perform a screening analysis of the proposed project’s land uses to determine if the project can be screened from a quantitative Vehicle Miles Traveled (VMT) analysis based on the City of Santa Cruz’s VMT analysis guidelines. The applicable screening criteria includes the redevelopment criteria and the local serving criteria. The redevelopment criteria requires the proposed project to produce less VMT than the existing use(s) while the local serving criteria requires the commercial component of the project to have no individual commercial use that is greater than 50,000 square-feet. Residential uses will be evaluated based on the significance determination of total residential trip generation will not exceed the 2,500 trips per day.
Task 2 – VMT Analysis
Determine the VMT impact for each of the proposed project’s land uses, per City of Santa Cruz guidelines, using the City’s VMT tool to evaluate the VMT impact of each of the proposed project’s land uses that were not screened out during Task 1. The VMT impact will be determined by comparing the project’s VMT/capita to the City’s VMT threshold.
The VMT tool is intended for projects that generate 2,000 average daily trips or less. Should the project exceed this trip threshold, the project will be analyzed using the County-wide VMT model to determine if the project exceeds the City’s threshold of 8.9 VMT/capita (which is 15% below the County-wide average of 10.5 VMT/capita). A contingency for this additional effort, if necessary, has been included in the project budget, and will only be used upon written approval by the City.
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Task 3 – Traffic Demand Management (TDM)
Based on the results of Task 2, identify mitigations if the project results in a significant impact (project VMT/capita exceeds the City’s threshold). Utilize the City’s Toolkit of TDM measures and coordinate with the Client on their preferred TDM measures to mitigate any potential impact. Measures will be described in detail to give a clear understanding of what would be required from the future residential development.
Task 4 – Documentation
The results of Tasks 1 – 3 will be documented in the EIR.
Transportation – Other
Qualitatively discuss potential conflicts with City policies or regulations regarding the circulation system, including transit, roadways, bicycle and pedestrian facilities.
Review project plans and qualitatively address the potential for increased circulation and operational hazards.
As an informational item, utilize the LOS Traffic Analysis as provided by the project applicant to summarize potential conflicts with plans, programs, or policies regarding transportation systems (including roadway operations).
This scope of work assumes that no technical analysis will be required and that the transportation impact analysis will rely on technical data as provided by the City and the project applicant.
Tribal Cultural Resources
Using technical studies as provided by the project applicant, and tribal consultation per AB 52 as conducted by the City, this section will address potential impacts to tribal cultural resources directly related to Native American tribal cultures that populated the project area. The distinction for Tribal Cultural Resources is that they are described as a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place or object with cultural value to a California Native American Tribe. Where general information is applicable to both the Cultural Resources section and this section, the reader will be referred to the former.
Alternatives
Pursuant to CEQA Guidelines Section 15126.6, provide an analysis of up to three (3) alternatives, including an analysis of the “No Project” Alternative. The analysis will include a sufficient level of detail to allow decision makers to gain a greater understanding of all alternatives should a determination be rendered to support an alternative development scenario. This alternatives section will culminate with the selection of the environmentally superior alternative in accordance with CEQA requirements.
Additional Sections
Prepare additional sections in the EIR to meet the CEQA Guidelines including the following: Significant Irreversible Environmental Changes, Effects Found Not to be Significant, Inventory of Mitigation Measures, Inventory of Unavoidable Adverse Impacts, and Organizations and Persons Consulted / Bibliography.
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Administrative Draft EIR Compilation
Assemble all completed sections into a single consolidated Administrative Draft EIR submittal (ADEIR) with appendices. The ADEIR will include figures to enhance the written text and clarify the project’s environmental impacts. The entire document will be reviewed to ensure consistent references to terms, methodology of analysis, correct use of grammar, etc.
The ADEIR will be sent to the City for review by City staff.
Public Review Draft EIR
Screencheck and Public Review Draft EIR
Respond to the City review of the ADEIR and prepare the Screencheck Draft EIR. Based on one set of consolidated comments, prepare the Public Review Draft EIR.
Certification of the Final EIR
Administrative Final EIR
Meet and/or coordinate with City staff to review written comments on the Public Review Draft EIR; comments from public meetings/hearings (if applicable); and develop a strategy and framework for responding to comments. Given the fact that Kimley-Horn does not know how many comment letters and public hearing comments will be received, we have included an initial estimate of time in the project budget. Once all comments are received, review and discuss any modifications to the budget estimate with City staff.
Upon review of the comment letters and discussions with City staff, prepare an Administrative Final EIR with written responses to comments received on the Public Review Draft EIR. The Administrative Final EIR will consist of comment letters, responses to comments, and Public Review Draft EIR errata pages indicating text changes in underlined text for additions and strikeout text for deletions, with notations for the relevant response to comment. The Administrative Final EIR will be sent to the City for review and comment.
Final EIR
Respond to City comments on the Administrative Final EIR, complete necessary revisions, and prepare the Final EIR.
Findings and Statement of Overriding Considerations
Prepare Draft Finding of Fact and Statement of Overriding Considerations (if necessary) in accordance with the provisions of Section 15091 and 15093 of the State CEQA Guidelines and in a form specified by the City. Submit the Draft Findings for City review and respond to one consolidated set of City comments.
Mitigation Monitoring and Reporting Program
Prepare a Mitigation Monitoring and Reporting Plan (MMRP) as part of the Final EIR to comply with the Public Resources Code Section 21081.6 (AB 32180). The MMRP will identify, discuss, and develop appropriate monitoring programs for any impacts that may be associated with the short-term construction and/or long-term operation and maintenance of the project.
25.23 City of Santa Cruz Ocean Place EIR
Scope of Work | Page 10
5/27/2022
The Mitigation Monitoring and Reporting Checklist will serve as the foundation of the Mitigation Monitoring and Reporting Program for the proposed project. The Checklist indicates the mitigation measure number as outlined in the EIR, the EIR reference page (where the measure is documented), a list of Mitigation Measure/Conditions of Approval (in chronological order under the appropriate topic), the Monitoring Milestone (at what agency/department responsible for verifying implementation of the measure), Method of Verification (documentation, field checks, etc.), and a verification section for the initials of the verifying individual date of verification, and pertinent remarks. Prepare a Draft Mitigation Monitoring and Reporting Program which will be submitted to the City for review at the first Administrative Draft Final EIR milestone submittal. Respond to one (1) consolidated set of City comments on the Draft Mitigation Monitoring and Reporting Program.
Public Hearings
Prepare for and attend up to five (5) Planning Commission and/or City Council meetings and respond to questions regarding the information, analysis, findings, and recommendations contained in the environmental document. Assist the City as requested with preparation of PowerPoint presentation as it relates to slides regarding the EIR.
CEQA Deliverables
One (1) hard copy of the Administrative Draft Environmental Impact Report, Exhibits and Technical Appendices
One (1) hard copy of the Screencheck Draft Environmental Impact Report, Exhibits and Technical Appendices
Four (4) hard copies of the Draft EIR and Technical Appendices Two (2) copies of the Final EIR
Electronic versions of all project deliverables in their native software and pdf format Meetings and Project Management
Meetings
This task assumes attendance by the Kimley-Horn team at the following meetings:
Project kick-off meeting via video conference (1)
Project Team Conference Calls (10)
EIR Scoping Meeting via video conference (1)
Planning Commission and City Council Public Meetings (2) Ongoing Project Management
Provide on-going project management including coordination with project team and subconsultants, and coordination of meetings, conference calls, and administrative tasks. Maintain a master schedule identifying the proposed duration of each major task performed the work described herein. The schedule will be maintained on a regular basis and a copy of the updated schedule shall be provided to the Client for discussion.
25.24 City of Santa Cruz Ocean Place EIR
Scope of Work | Page 11
5/27/2022
Project Schedule
As shown in the table below, Kimley-Horn has assumed an eleven (11) month schedule from the date of contract award to final public hearings. This schedule will be further refined in coordination with the City.
Task
Duration
(months)
Project Kick-off Meeting 1
Draft Project Description 2
Notice of Preparation 2
Administrative Draft EIR 5
Public Review Draft EIR 6
Administrative Draft Final EIR 9
Final EIR 10
Public Hearings/Approvals 11
Fee Estimate
A fee estimate is attached. The project will be completed on a time and materials not-to-exceed amount as shown in the fee estimate, and invoiced based on Kimley-Horn’s current billing rates, which are subject to change on an annual basis (typical July 1st).
25.25 City of Santa Cruz Professional Services Agreement for Ocean Place EIR June 2022 (Form Rev.0921) Page 13
EXHIBIT B: FEE SCHEDULE
25.26 Ocean Place EIR
Fee Estimate
PROFESSIONAL FEES FOR PLANNING CONSULTING SERVICES
Project Environmental Environmental Technical Environmental Environmental Civil Sr. Transportation Transportation Admin / Graphics TOTAL ESTIMATED Manager Planner Planner Specialist Specialist Planner Engineer Engineer Engineer Support HOURS COST $325 $175 $200 $285 $230 $285 $230 $340 $250 $125
TASKS Bill Wiseman Taylor Blanford Sophia Lai Achilles Malisos Noemi Wyss Karina Laouf Juliana Cuomo Frederik Venter Chris Gregerson Project Initiation $25,660
Research and Investigation 8 8 $1,400
Draft Project Description 4 16 8 28 $5,100
Initial Study 8 40 16 2 8 8 82 $16,210
Notice of Preparation 1 4 2 7 $1,275
Public Scoping Meeting (preparation) 1 4 5 $1,025
Review NOP and Refine Project Scope 2 2 $650
Administrative Draft EIR $68,525
Executive Summary 8 8 $1,400
Introduction and Purpose 8 8 $1,400
Final Project Description 4 4 $700
Environmental Analysis
Air Quality & GHG Emissions 2 40 8 16 66 $14,610
Cultural Resouces 1 8 9 $1,725
Hazards &Hazardous Materials 2 8 8 40 2 60 $13,780
Land Use & Planning 1 8 2 11 $1,975
Utilities - Water & Energy Conservation 4 12 16 $3,400
Transportation 4 4 4 44 2 58 $14,610
Tribal Cultural Resources 1 8 9 $1,725
Alternatives 4 8 12 $2,700
Additional Sections 8 8 $1,400
Growth Inducement and Cumulative Impacts 4 4 $700
QA / QC 16 16 $5,200
Administrative Draft EIR (compilation) 4 8 4 16 $3,200
Public Review Draft EIR $11,750
Screencheck Draft EIR 8 24 4 36 $7,300
Public Review Draft EIR and Noticing 2 16 8 26 $4,450
Certification of the Final EIR $25,360
Administrative Final EIR 16 40 16 4 4 8 88 $18,760
Final EIR 8 16 4 28 $5,900
Findings and MMRP 4 4 $700
Meetings & Project Management $30,805
Project Kick-off Meeting 2 2 4 $1,000 \
Project Team Conference Calls (10) 10 5 2 2 19 $5,305
EIR Scoping Meeting (1) 2 2 4 $1,000
Public Hearings incl. prep. (2) 8 4 12 $3,300
Project Management / Admin. Support 40 24 24 88 $20,200 Subtotal - Labor Cost $162,100
Subconsultants and Direct Expenses $28,161
Indirect Expense Allocation (5% of KHA labor) $8,105
Pacific Legacy $19,056
Printing (outsourced) $500
Misc. Direct Expenses $500
Total Labor & Expenses $190,261
Contingency
Detailed VMT Analysis $ 5,000
Total with Contingency $195,261
Kimley-Horn Associates, Inc.
5/27/2022
25.27 City of Santa Cruz Professional Services Agreement for Ocean Place EIR June 2022 (Form Rev.0921) Page 14
EXHIBIT C: WORK SCHEDULE
25.28 Project Schedule
As shown in the table below, Kimley-Horn has assumed an eleven (11) month schedule from the date of contract award to final public hearings. This schedule will be further refined in coordination with the City.
Task
Duration
(months)
Project Kick-off Meeting 1
Draft Project Description 2
Notice of Preparation 2
Administrative Draft EIR 5
Public Review Draft EIR 6
Administrative Draft Final EIR 9
Final EIR 10
Public Hearings/Approvals 11
25.29 City of Santa Cruz Professional Services Agreement for Ocean Place EIR June 2022 (Form Rev.0921) Page 15
EXHIBIT D: INSURANCE REQUIREMENTS
A. CERTIFICATE REQUIREMENTS
The City will be issued a Certificate of Insurance (a Memorandum of Understanding will not be accepted) with the following minimum requirements:
Certificate(s) will show current policy number(s) and effective dates, Coverage and policy limits will meet, or exceed, requirements below, The Certificate Holder will be City of Santa Cruz, Risk Management, 333 Front Street., Suite 200, Santa Cruz, CA 95060,
Certificate will be signed by an authorized representative, An endorsement, if required below, will be provided to show the City, its officers, officials, employees, and volunteers as additional insureds, and
Coverages must be maintained during the term of the Agreement with the City, unless a longer duration is required.
B. MINIMUM SCOPE AND LIMITS OF INSURANCE
Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. If Consultant maintains broader insurance coverage and/or higher limits than the minimums shown below, the City of Santa Cruz requires and shall be entitled to the broader insurance coverage and/or higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Cruz.
Coverage will be at least as broad as:
COMMERCIAL GENERAL LIABILITY (CGL): $1,000,000 PER OCCURRENCE; $2,000,000 AGGREGATE Proof of coverage for $1 Million per occurrence including products and completed operations, property damage, bodily injury, personal and advertising injury will be provided on Insurance Services Office (ISO) Form CG 00 01 covering CGL. If a general aggregate limit applies, either the general aggregate limit will apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit will be at least twice the required occurrence limit.
PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS): $2,000,000 PER OCCURRENCE OR CLAIM, $2,000,000 AGGREGATE.
Consultant will maintain insurance appropriate to Consultant’s profession; with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after date of completion of the services under this Agreement. If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date or start of work date, Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. AUTOMOBILE LIABILITY:
Proof of coverage for $1,000,000 provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non-owned autos (Code 9), per accident for bodily injury and property damage.
WORKERS’ COMPENSATION AS REQUIRED BY THE STATE OF CALIFORNIA, WITH STATUTORY LIMITS, AND EMPLOYER’S LIABILITY INSURANCE: $1,000,000 per accident for bodily injury or disease.
The Worker’s Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant and its employees.
25.30 City of Santa Cruz Professional Services Agreement for Ocean Place EIR June 2022 (Form Rev.0921) Page 16
(Not required if Consultant provides written verification it has no employees) - If Contractor has no employees, Contractor shall complete and sign a Workers’ Compensation Exemption Declaration and Release of Liability.
C. OTHER INSURANCE PROVISIONS
The insurance policies are to comply with the following provisions:
ADDITIONAL INSURED STATUS
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations.
General liability coverage will be provided in the form of an endorsement to Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10 CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 (if a later edition is used). PRIMARY COVERAGE
For any claims related to this Agreement, Consultant’s insurance coverage will be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers will be excess of Consultant’s insurance and will not contribute with it. NOTICE OF CANCELLATION
Each insurance policy required above shall state that the coverage shall not be canceled, except with notice to the City.
WAIVER OF SUBROGATION
Consultant hereby grants to the City a waiver of any right to subrogation, except as otherwise not applicable, which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss, including attorney’s fees under such insurance. Consultant agrees to obtain any endorsement that may be necessary to effectuate this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. EXCESS LIABILITY/UMBRELLA INSURANCE POLICIES
The excess/liability policies will provide similar coverage as the primary CGL policy with no new exclusions - Excess liability insurance must follow form the terms, conditions, definitions, and exclusions of the underlying CGL insurance. The excess/umbrella policy must also be written on a primary and noncontributory basis for an additional insured, and that it will apply before any other insurance that is available to such additional insured which covers that person or organization as a named insured, and we will not share with that other insurance.
The policy regarding Limits of Insurance regarding Aggregates must provide that the aggregate limits if applicable shall apply in the same manner as the aggregate limits shown in the Schedule of the Underlying Insurance.
SELF-INSURED RETENTIONS
Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses.
The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.
25.31 City of Santa Cruz Professional Services Agreement for Ocean Place EIR June 2022 (Form Rev.0921) Page 17
CLAIMS MADE POLICIES
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. VERIFICATION OF COVERAGE
Consultant will furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL Policy listing all policy endorsements to be approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
D. SUBCONTRACTORS
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.
E. SPECIAL RISKS/CIRCUMSTANCES
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances and provide notice to Consultant.
25.32 City Council
AGENDA REPORT
DATE: 06/16/2022
AGENDA OF: 06/28/2022
DEPARTMENT: Parks and Recreation
SUBJECT: Award Contract for Decking and Railing Rehabilitation on the Floating Walkway at Neary Lagoon (PR)
RECOMMENDATION: Award a contract to Cen-Con, Inc. for the Decking and Railing Rehabilitation on the Floating Walkway at Neary Lagoon in the amount of $407,257.40 and authorize the City Manager to execute an agreement in a form approved by the City Attorney with Cen-Con, Inc.
BACKGROUND: Neary Lagoon Wildlife Refuge (“Refuge”) is a habitat haven nestled within the urbanized City of Santa Cruz. The Refuge offers a boardwalk loop trail where visitors can bird watch and explore a variety of natural habitats including riparian forest, freshwater marsh, mixed oak woodland, and open water. Interpretive signs and congregation areas provide information about key wildlife that inhabit the Refuge. The non-profit Santa Cruz Museum of Natural History leads two standards-based educational tours that teach elementary school students about the importance of Neary Lagoon to the local watershed.
A portion of this boardwalk loop trail is a floating dock, which provides an immersive and unique perspective into the very heart of this habitat. However, the wooden planks and railing is dated and is in need of replacement. The City updated a small section of the walkway in 2013.
This project aims to continue the removal and replacement of 440 linear feet of the Alaskan yellow cedar decking and railing of the floating walkway. Along with the removal of the cedar decking, the project will also remove benches and signage. The degraded 440 linear feet of Alaskan cedar dock surface and rails will be transported for disposal, and installation of an inkind durable, composite dock and rail material will be installed along with the reinstallation of benches and four new interpretive signs. The project will conclude with site cleanup and the completion of a project summary report.
DISCUSSION: In March of 2022, the Parks & Recreation Department issued a Request for Proposals for the Decking and Railing Rehabilitation on the Floating Walkway/Dock at Neary Lagoon. Proposals were due at 5PM, April 28, 2022. Two responsive proposals were received and evaluated based on the criteria listed in the Request for Proposals. Below is a summary of scores for the proposals:
Cen-Con, Inc.; Santa Cruz, CA; TOTAL SCORE: 319
CRW Industries, Inc.; Scotts Valley, CA; TOTAL SCORE: 275
26.1 Based on the total scores, Cen-Con was declared the successful proposer. The vendor selected has experience working in sensitive habitats with specific experience working at Neary Lagoon, and shows a clear understanding of the need for a lightweight material to be used on the floating walkway.
Next Steps. Once approved, department staff will schedule a kick-off meeting with the successful proposer to review the project scope, timeline and permit requirements, which include continuous compliance with all local, state and federal project regulations, project permit requirements and project Best Management Practices (BMPs) for the protection of adjacent wildlife and sensitive habitats. The project is estimated to begin August 1, 2022 and to be completed by October 1, 2022. Some portions of the walkway will be required to close to the public, but access to other areas of Neary Lagoon will be preserved to the extent possible while construction is underway.
FISCAL IMPACT: The total cost of this contract will be $407,257.40. There are adequate funds in the FY 2023 Neary Lagoon Park Rehab and Maintenance project budget (m409668) for this purchase. Further, a $200,000 grant from California State Parks will help to offset the total cost of the project. There is no impact to the General Fund.
Prepared By:
Lindsay Bass
Principal Management
Analyst
Submitted By:
Tony Elliot
Parks & Recreation Director
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. 2022-06-14 DRAFT CONTRACT_NEARY FLOATING WALKWAY_CLEAN.PDF
2. EXHIBIT A. CEN-CON RFP SUBMISSION-NEARY LAGOON.PDF
3. EXHIBIT B. NEARY RFP2022-FINAL W ADDENDA.PDF
26.2 City of Santa Cruz
Agreement for Decking & Railing Rehabilitation on the Floating Walkway at Neary Lagoon June 2022 Page 1
AGREEMENT FOR
DECKING & RAILING REHABILITATION
ON THE FLOATING WALKWAY AT NEARY LAGOON
THIS AGREEMENT, made and entered into this XX day of June, 2022 (“Effective Date”), by and between the CITY OF SANTA CRUZ, a municipal corporation, hereinafter called “City,” and Cen-Con, Inc., hereinafter called “Vendor;”
WITNESSETH, that the parties hereto do mutually agree as follows:
ARTICLE I
That for and in consideration of the covenants and agreements herein contained and the payments at the prices stated in the bid proposal attached hereto, and by this reference made a part hereof, the Vendor hereby covenants and agrees to furnish any and all required supervision, labor, equipment, material, services, and transportation, as set forth in the Contract Documents as hereinafter defined, and will bear any and all other expense necessary or incidental to the performance of certain work hereinafter specified, and to build, construct, reconstruct, pave or repave and complete improvements for:
Decking and Railing Rehabilitation of the
Floating Walkway at Neary Lagoon
(the “Project”) in strict conformity and compliance with the Contract Documents, and to do everything required by this Agreement, and by said Contract Documents as hereinafter defined (the “Work”).
ARTICLE II
It is expressly agreed and understood by each and every party to this Agreement that the following documents are hereby incorporated and made a part of this Agreement (hereinafter the “Contract Documents”):
1. All applicable Laws and Regulations
2. Duly issued Agreement modifications, and allowance authorization(s) signed by the City, in chronological order by effective date of each.
3. This Agreement, including:
a. Exhibit A – Contractor’s Bid Proposal, including all attachments
4. Labor and Material Bond (Payment Bond)
5. Performance Bond
6. Insurance Certificates, including Contractor’s Certificate Relating to Worker’s Compensation
7. Good Faith Effort Statement for Local Hire
8. Local Hiring Statement
9. RFP for Decking and Railing Rehabilitation of the Floating Walkway at Neary Lagoon, including the Project Specifications, drawings, and plans, all Exhibits, and all Addenda in the reverse order of date of issuance
10. Standard Specifications
26.3 City of Santa Cruz
Agreement for Decking & Railing Rehabilitation on the Floating Walkway at Neary Lagoon June 2022 Page 2
The parties to this Agreement do hereby expressly acknowledge that they have read, understand, and promise to comply with each and every provision of Contract Documents. There are no Contract Documents other than those indicated above. In the event inconsistencies, conflicts, or ambiguities between and among the Contract Documents are discovered, the parties shall attempt to resolve any ambiguity, conflict, or inconsistency informally, recognizing that the Contract Documents shall take precedence in the order in which they are listed above. Inclusion of an order of precedence herein does not in any way negate or reduce Vendor’s obligation to report conflicts, discrepancies, apparent omissions, and similar matters to the City.
ARTICLE III
It is expressly agreed and understood by the Contractor that the “Standard Specifications” consists of the documents on file at the Public Works Department of the City of Santa Cruz, entitled: City of Santa Cruz Department of Public Works, Department of Parks and Recreation, and Water Department 2002 Standard Specifications.
ARTICLE IV
Vendor shall conform to all laws and regulations of the United States and the State of California, as well as laws of Santa Cruz, as may be applicable to the Project. In addition, the City Council of the City of Santa Cruz endorses the MacBride Principles and the Peace Charter and encourages all companies doing business in Northern Ireland to abide by the MacBride Principles.
ARTICLE V
The City hereby contracts to pay said Vendor the prices provided for in the Proposal in the manner, to the extent, and at the times set forth in the Contract Documents.
ARTICLE VI
It is agreed by the parties hereto that the acceptance of the Vendor’s performance will be made only by an affirmative action of the City of Santa Cruz City Council in session, evidenced by resolution, and upon the filing by the Vendor of a Release of all Claims of every nature on account of work done under this Agreement, together with an affidavit that all claims have been fully paid. The acceptance by the Vendor of said final payment shall constitute a waiver of all claims against the City arising out of or in connection with this Agreement.
ARTICLE VII
To the fullest extent permitted by law, Vendor shall defend, indemnify, and hold harmless the City and its respective officials, officers, directors, partners, employees, and authorized agents (“Indemnitees”) from and against any and all claims, suits, actions, judgments, demands, liabilities, losses, damages, expenses, including attorneys’ fees and costs of litigation (collectively, “Losses”), arising from personal or bodily injuries, death, property damage, or otherwise in any way related to, connected with, or resulting from the obligations or performance of the Work under this Agreement by Vendor, subcontractors, and their respective officers, directors, employees, agents, or other third parties directly or indirectly employed by or under the authority or control of Vendor or subcontractors. This provision shall not be deemed to require
26.4 City of Santa Cruz
Agreement for Decking & Railing Rehabilitation on the Floating Walkway at Neary Lagoon June 2022 Page 3
the Vendor to indemnify or hold harmless an Indemnitee for any Loss proximately caused by the sole or active negligence or willful misconduct of the Indemnitee, as determined by a court or other adjudicatory body of competent jurisdiction.
Vendor acknowledges and agrees that Vendor’s obligation to defend the City and the other Indemnitees arises at the time such Losses is tendered to Contractor by the Indemnitees and continues at all times until finally resolved, and/or decided by an adjudicatory body or a court of competent jurisdiction. This provision shall survive the termination of the Agreement or the completion of the Work.
This indemnification clause supersedes any other indemnification clauses contained in any other Contract Documents.
ARTICLE IX
General Terms
1. Complete Agreement. This Agreement, along with the terms and conditions in the Contract Documents and any attachments, is the full and complete integration of the Parties’ agreement with respect to the matters addressed herein, and that this Agreement supersedes any previous written or oral agreements between the Parties with respect to the matters addressed herein. Unless otherwise stated, to the extent there is any conflict between this Agreement and any other agreement (written or oral), the terms of this Agreement shall control.
2. Severability. The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid or illegal.
3. Waiver. Waiver by any party of any portion of this Agreement shall not constitute a waiver of the same or any other portion hereof.
4. Governing Law. This Agreement shall be governed by and interpreted in accordance with California law.
5. Contract Interpretation. Each party acknowledges that it has reviewed this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.
6. Counterparts. The Parties may execute this Agreement in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party’s signature shall be accepted and valid as an original.
7. Warranty of Authority. The signatories to this Agreement warrant and represent that each is authorized to execute this Agreement and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Agreement.
Signature Page to Follow
26.5 City of Santa Cruz
Agreement for Decking & Railing Rehabilitation on the Floating Walkway at Neary Lagoon June 2022 Page 4
IN WITNESS WHEREOF, this Agreement is executed by the City Manager of the City of Santa Cruz, under and pursuant to a resolution of the City Council authorizing such execution, and the Contractor has affixed his/her signature hereto the day and year first hereinabove written.
Approved as to Form By:
Date:
Office of the City Attorney
For Cen-Con, Inc.:
Signature: Date:
Wiktor Kluzniak, President
For CITY OF SANTA CRUZ, a municipal corporation
Date:
Maff Huffaker, City Manager
26.6 City of Santa Cruz
Agreement for Decking & Railing Rehabilitation on the Floating Walkway at Neary Lagoon June 2022 Page 5
APPENDIX J
Faithful Performance Bond
WHEREAS, the City Council of the City of Santa Cruz, a municipal corporation, in the County of Santa Cruz, State of California, has awarded to Cen-Con, Inc., hereinafter designated as the "Principal," a contract for constructing the work or improvement described in the contract documents entitled:
“Decking & Railing Rehabilitation on the Floating Walkway at Neary Lagoon” and WHEREAS, said Principal is about to enter into the annexed contract with the City of Santa Cruz.
NOW, THEREFORE, we, the Principal, and , a corporation organized and existing under and by virtue of the laws of the State of California, and said corporation currently appears on the United States Treasury Department's most current list (Circular 570 as amended), as surety, are held and firmly bound unto the City of Santa Cruz, a municipal corporation in the County of Santa Cruz, State of California, in the sum of $ 407,257.40 being not less than one hundred percent (100%) of the estimated contract costs of the work, to be paid to the City of Santa Cruz, for the payment of which sum, well and truly to be paid, we hereby jointly and severally bind ourselves, our heirs, administrators, executors, successors, and assigns; and
NOW, THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, his/her heirs, executors, administrators, successors, or assigns shall in all things abide by and well and truly keep and perform the covenants, conditions and agreements in the said contract and any alteration thereof made as herein provided, on his/her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to the true intent and meaning, and shall indemnify and save harmless the City of Santa Cruz, its officers and agents as therein stipulated, that this obligation shall be discharged, otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the said contract, the above obligation in the amount of $ 40,725.74 being not less than 10 percent (10%) of the estimated contract cost, shall remain in force for a period of one (1) year after the completion and acceptance of the said work, during which time if the Principal, his/her or its heirs, executors, administrators, successors or assigns shall fail to make full, complete and satisfactory repairs and replacements or totally protect the City of Santa Cruz from loss or damage made evident during said period of one (1) year from the date of official acceptance of said work and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligation in the sum of $40,725.74 shall remain in full force and effect, otherwise the obligation shall be discharged. However, notwithstanding any other provisions of this paragraph, the obligation of the surety hereunder shall continue so long as any obligation of the Principal remains.
The surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder of the specifications shall in any way effect its obligation on this bond, and it does hereby waive notice of any such changes, extensions of time, alterations, or additions to the terms of the contract or to the work or to the specifications, and the surety does hereby waive its rights under California Civil Code Section 2819.
26.7 City of Santa Cruz
Decking & Railing Rehabilitation on the Floating Walkway at Neary Lagoon Contract June 2022 Page 6
IN WITNESS whereof, the parties have executed this instrument under their seals, this XX day of June, 2022, by its undersigned representative, pursuant to the authority of its governing body, the day and year first hereinabove written.
PRINCIPAL
SURETY
I hereby approved the form
within bond
CITY ATTORNEY
26.8 City of Santa Cruz
Decking & Railing Rehabilitation on the Floating Walkway at Neary Lagoon Contract June 2022 Page 7
APPENDIX K
Labor and Material Bond
WHEREAS, the City Council of the City of Santa Cruz, a municipal corporation, in the County of Santa Cruz, State of California, has awarded to Cen-Con, Inc. hereinafter designated as the "Principal," a contract for constructing the work or improvement described in the contract documents entitled:
“Decking & Railing Rehabilitation on the Floating Walkway at Neary Lagoon” WHEREAS, said Principal is required under the terms of said contract to furnish a Labor and Material Bond, the surety of this bond will pay the same to the extent hereinafter set forth; and WHEREAS, said Principal is about to enter into the annexed contract with the City of Santa Cruz to complete the work or improvement referred to above for the City of Santa Cruz, County of Santa Cruz, State of California, all as more particularly and in detail as shown upon the Standard Specifications and Particular Specifications filed in the Office of the City Clerk of the City of Santa Cruz.
NOW, THEREFORE, we the Principal, and , a
corporation organized and existing under and by virtue of the laws of the State of California, and said corporation currently appears on the United States Treasury Department's most current list (Circular 570 as amended), as surety, are held and firmly bound unto the City of Santa Cruz in the sum of $ 407,257.40, such sum being not less than one hundred percent (100%) of the estimated contract cost of the work, lawful money of the United States of America, to be paid to the City of Santa Cruz, for the payment of which sum, well and truly to be made, we hereby bind ourselves, our heirs, administrators, executors, successors and assign jointly and severally.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal or its heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, vendor supplies, or equipment as provided in the contract documents, upon, for, or about the performance of the work contracted to be done, or for any work or waiver thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or fails to pay any of the persons named in Civil Code Section 9100, or fails to pay for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board for the wages of employees of the Vendor or his/her subVendor pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor that the surety or sureties will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court. The condition of this obligation is such that its terms inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon the bond.
The surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder shall in any manner affect its obligation upon this bond, and it does hereby explicitly waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder, and further explicitly hereby waives its rights under Civil Code Section 2819.
26.9 City of Santa Cruz
Decking & Railing Rehabilitation on the Floating Walkway at Neary Lagoon Contract June 2022 Page 8
IN WITNESS whereof, the above parties have executed this instrument under their seals, this day of XX June, 2022, by its undersigned representative, pursuant to the authority of its governing body.
PRINCIPAL
SURETY
I hereby approved the
form within bond
_________________________________
CITY ATTORNEY
26.10 City of Santa Cruz
Decking & Railing Rehabilitation on the Floating Walkway at Neary Lagoon Contract June 2022 Page 9
APPENDIX L
Good Faith Effort Statement for Local Hire
In conformance with Chapter 3.10 of the Municipal Code, each Contractor and subcontractor shall complete and submit this Statement following Award of Contract and prior to issuance of the Notice to Proceed.
Project Title: Decking & Railing Rehabilitation on the Floating Walkway at Neary Lagoon Name and Title of Person Completing Statement: Wiktor Kluzniak, President Name of Contractor or Subcontractor: Cen-Con, Inc.
Date Statement Completed:
Address: 335 Swift St. Santa Cruz, CA 95060
Contractor (or Subcontractor) estimates that fifty percent (50%) or more of its workforce for this project meets the local hire requirements of this contract: Yes No* *If no, complete the following table:
Name & Address of
Local Recruitment
Source
Date of Recruitment
Contact
Person Contacted &
Phone #
Trade &
Classification
# of Hire Referrals
Requested
# of Local Hire(s)
Made as Result of
Contact
Name & Address of
Local Hire(s), as a
Result of Contact
(Additional Sheets May Be Attached As Needed)
26.11 City of Santa Cruz
Decking & Railing Rehabilitation on the Floating Walkway at Neary Lagoon Contract June 2022 Page 10
APPENDIX M
Local Hiring
Prevailing wage statements shall be deemed acceptable documentation to accurately record hiring information required to comply with Chapter 3.10 of the Municipal Code pertaining to Local Hiring. However, the following information shall accompany the prevailing wage statements:
For pay period ending ____________________________
I. For each employee, complete residency compliance by marking the appropriate box.
Employee
a. Resident of the County of Santa
Cruz for at least one year preceding
date of Award of Contract, or
b. A member of a Building Trade
Journeyman, or Building Trade
Apprentice program whose
organization has jurisdiction over all
or part of Santa Cruz County.
1 Yes No Yes No
2 Yes No Yes No
3 Yes No Yes No
4 Yes No Yes No
5 Yes No Yes No
6 Yes No Yes No
7 Yes No Yes No
Apprentice
Yes No Yes No
DUPLICATE AS NECESSARY
II. Calculate total weekly project local hiring percentage based on personnel and hours reported on prevailing wage statement: ________% III. Calculate cumulative total project local hiring percentage based on personnel and hours reported on prevailing wage statement: ________%
26.12 City of Santa Cruz
Decking & Railing Rehabilitation on the Floating Walkway at Neary Lagoon Contract June 2022 Page 11
APPENDIX N
INSURANCE REQUIREMENTS
Contractor will procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, its/his agents, representatives, employees or subcontractors.
A. CERTIFICATE REQUIREMENTS
The City will be issued a Certificate of Insurance (a Memorandum of Understanding will not be accepted) with the following minimum requirements:
Certificate(s) will show current policy number(s) and effective dates, Coverage and policy limits will meet, or exceed, requirements below, The Certificate Holder will be City of Santa Cruz, Risk Management, 333 Front Street., Suite 200, Santa Cruz, CA 95060,
Certificate will be signed by an authorized representative, An endorsement will be provided to show the City, its officers, officials, employees, agents, and volunteers as additional insureds.
B. MINIMUM SCOPE AND LIMITS OF INSURANCE
Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. The City will be entitled to coverage for the highest limits maintained by Consultant. Coverage will be at least as broad as:
COMMERCIAL GENERAL LIABILITY (CGL): $2,000,000 PER OCCURRENCE; $2,000,000 AGGREGATE Proof of coverage for $2 Million per occurrence including products and completed operations, property damage, bodily injury, personal and advertising injury will be provided on Insurance Services Office (ISO) Form CG 00 01 covering CGL. If a general aggregate limit applies, either the general aggregate limit will apply separately to this project/location or the general aggregate limit will be at least twice the required occurrence limit. AUTOMOBILE LIABILITY:
Proof of coverage for $1,000,000 provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non-owned autos (Code 9), per accident for bodily injury and property damage.
WORKERS’ COMPENSATION AS REQUIRED BY THE STATE OF CALIFORNIA, WITH STATUTORY LIMITS, AND EMPLOYER’S LIABILITY INSURANCE: $1,000,000 per accident for bodily injury or disease.
The Worker’s Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant and its employees. (Not required if Consultant provides written verification it has no employees) - If Contractor has no employees, Contractor shall complete and sign a Workers’ Compensation Exemption Declaration and Release of Liability
BUILDER’S RISK (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.
26.13 City of Santa Cruz
Decking & Railing Rehabilitation on the Floating Walkway at Neary Lagoon Contract June 2022 Page 12
Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.
If the project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site.
C. OTHER INSURANCE PROVISIONS
If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Santa Cruz requires and shall be entitled to the broader coverage and/or higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Cruz.
The insurance policies are to comply with the following provisions:
ADDITIONAL INSURED STATUS
The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL, and automobile insurance (if transporting hazardous materials policy(ies) with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations.
General liability coverage will be provided in the form of an endorsement to Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10 CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 (if a later edition is used). PRIMARY COVERAGE
For any claims related to this Agreement, Consultant’s insurance coverage will be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers will be excess of Consultant’s insurance and will not contribute with it. NOTICE OF CANCELLATION
Each insurance policy required above shall state that the coverage shall not be canceled, except with notice to the City.
WAIVER OF SUBROGATION
Consultant hereby grants to the City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss, including attorney’s fees under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. EXCESS LIABILITY/UMBRELLA INSURANCE POLICIES
The excess/liability policies will provide similar coverage as the primary CGL policy with no new exclusions - Excess liability insurance must follow form the terms, conditions, definitions, and exclusions of the underlying CGL insurance. The excess/umbrella policy must also be written on a primary and noncontributory basis for an additional insured, and that it will apply before any other
26.14 City of Santa Cruz
Decking & Railing Rehabilitation on the Floating Walkway at Neary Lagoon Contract June 2022 Page 13
insurance that is available to such additional insured which covers that person or organization as a named insured, and we will not share with that other insurance.
The policy regarding Limits of Insurance regarding Aggregates must provide that the aggregate limits if applicable shall apply in the same manner as the aggregate limits shown in the Schedule of the Underlying Insurance.
SELF-INSURED RETENTIONS
Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.
CLAIMS MADE POLICIES
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
VERIFICATION OF COVERAGE
Consultant will furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL,CPL, and automobile Policy(ies) listing all policy endorsements to be approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
D. SUBCONTRACTORS
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.
E. SPECIAL RISKS/CIRCUMSTANCES
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances and provide notice to Consult
26.15 26.16
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26.33 March 2022
REQUEST FOR PROPOSALS
FOR THE
Decking and Railing Rehabilitation on the Floating Walkway at Neary Lagoon
SONJA BRUNNER, MAYOR
SANDY BROWN
JUSTIN CUMMINGS
RENEE GOLDER
SHEBREH KALANTARI-JOHNSON
DONNA MEYERS
MARTINE WATKINS
MATT HUFFAKER, CITY MANAGER
BONNIE BUSH, CITY CLERK
TONY CONDOTTI, CITY ATTORNEY
TONY ELLIOT, DIRECTOR OF PARKS AND RECREATION
Proposal Due Date: April 25, 2022 5:00 PM PACIFIC DAYLIGHT TIME (PDT)
26.34 City of Santa Cruz RFP: Decking & Railing Rehabilitation on the Floating Walkway at Neary Lagoon March 2022 Page 1
TABLE OF CONTENTS
SECTION 1: GENERAL INFORMATION FOR VENDORS ..................................................................... 2 SECTION 2: SPECIFICATIONS ................................................................................................................. 5 SECTION 3: PROCESS INSTRUCTIONS ................................................................................................ 11 SECTION 4: TERMS AND CONDITIONS ............................................................................................... 15 SECTION 5: PROPOSAL COVER PAGE ................................................................................................. 17 SECTION 6: QUESTIONNAIRE ............................................................................................................... 18 SECTION 7: FEE SCHEDULE .................................................................................................................. 19 APPENDIX A. Local Business Preference certification ............................................................................. 20 APPENDIX B. Project Overview ................................................................................................................ 21 APPENDIX C. Bid Sheet ............................................................................................................................ 28 APPENDIX D. List of SubVendors ............................................................................................................ 29 APPENDIX E. List of Equipment ............................................................................................................... 30 APPENDIX F. Vendor Reference Information ........................................................................................... 31 APPENDIX G. Bid Bond ............................................................................................................................ 32 APPENDIX H. Non-Collusion Declaration ................................................................................................ 33 APPENDIX I. Agreement Template ........................................................................................................... 34 APPENDIX J. Faithful Performance Bond ................................................................................................. 38 APPENDIX K. Labor and Materials Bond ................................................................................................. 40 APPENDIX L. Good Faith Effort Statement for Local Hire....................................................................... 42 APPENDIX M. Local Hiring ...................................................................................................................... 43 APPENDIX N. Insurance Requirements ..................................................................................................... 44
26.35 City of Santa Cruz RFP: Decking & Railing Rehabilitation on the Floating Walkway at Neary Lagoon March 2022 Page 2
SECTION 1: GENERAL INFORMATION FOR VENDORS
1.1 Summary Scope of Work
The Parks & Recreation Department of the City of Santa Cruz is soliciting proposals for the Decking and Railing Rehabilitation on the Floating Walkway/Dock at Neary Lagoon (the “Project”). The Project is needed to ensure safe pedestrian access across Neary Lagoon. It involves removing and replacing 440 linear feet of deteriorating Alaskan yellow cedar planks and railing on the pathway which crosses the lagoon with a durable, composite material, such as Trex decking but with a similar weight and density as that of the original Alaskan yellow cedar. Maintenance to the existing floating substructures is not requested as part of this solicitation.
In general, the Project consists of removal of benches and signage, removal of the existing and degraded 440 linear feet of Alaskan cedar dock surface and rails, transport of Alaskan cedar for disposal, installation (in kind) of a durable, composite dock and rail material, reinstallation of benches and four new interpretive signs, site cleanup and completion of a project summary report.
1.2 Background
Neary Lagoon Wildlife Refuge is a habitat haven nestled within the urbanized City of Santa Cruz. The Refuge offers a boardwalk loop trail where visitors can bird watch and explore a variety of natural habitats including riparian forest, freshwater marsh, mixed oak woodland, and open water. Interpretive signs and congregation areas provide information about key wildlife that inhabit the refuge. The non-profit Santa Cruz Museum of Natural History leads two standards-based educational tours that teach elementary school students about the importance of Neary Lagoon to the local watershed.
A portion of this boardwalk loop trail is a floating dock, which provides an immersive and unique perspective into the very heart of this habitat. However, the wooden planks and railing is dated and is in need of replacement. The City updated a small section of the walkway in 2013. This project aims to continue the replacement of the Alaskan yellow cedar decking and railing of the floating walkway for another 440 linear feet.
1.3 Contact
Questions concerning this solicitation can be directed to LINDSAY BASS, PRINCIPAL MANAGEMENT ANALYST, at 831-420-5274 or [email protected]. The City is not bound by the oral representation of any City employee or official. To learn solicitation results, contact LINDSAY BASS after the due date.
1.4 Proposal Deadline
Proposals are due no later than 5:00 PM (PACIFIC DAYLIGHT TIME), April 25, 2022. All proposals will be delivered to the Parks & Recreation Department, 323 Church Street, Santa Cruz, California, 95060 before the due date. Late proposals will not be considered. Respondents take full responsibility for City’s receipt of Proposal.
Printed copies will be delivered as one (1) unbound original of the proposal in a sealed envelope before the due date.
As a courtesy, vendors may email a copy of the proposal and any attachments to [email protected] by the due date. The subject line of an emailed proposal shall include the Project name and number. The City prefers for printed proposals to be on recycled paper and bound in an easily recyclable format.
1.5 Proposal Evaluation and Award
A contract for the Decking and Railing Rehabilitation on the Floating Walkway/Dock at Neary Lagoon will be awarded based on the following criteria:
1. When determining Responsiveness of the vendor’s proposal, the City may consider any of the following but not limited to:
26.36 City of Santa Cruz RFP: Decking & Railing Rehabilitation on the Floating Walkway at Neary Lagoon March 2022 Page 3
a) Proposal is SEALED.
b) Proposal received on time and completed per instructions, c) Proposal contains required contents, forms and signatures submitted in accordance with RFP instructions.
2. Proposal is compliant with specifications and industry standards.
3. Vendor is offering the lowest overall price for the best value (best value methodology detailed in section 3 of this solicitation).
4. When determining Responsibility of the vendor, the City may consider any of the following but not limited to:
a) Possession of industry standard licensing and/or certifications; b) Financial capacity of the Vendor;
c) Experience or past performance of the Vendor;
d) Use of Sub-vendors / Sub-consultants
e) Past, Present and Pending Legal Actions
f) Exceptions with City’s Terms and Conditions.
g) Project delivery schedule.
A vendor’s failure to promptly respond to City’s inquires for proposal clarification may result in determination of non-responsibility.
Vendors are solely responsible for all costs incurred in the preparation of a proposal.
The contract will be awarded on an all or nothing basis and is tentatively scheduled to begin August 1, 2022 and must conclude by October 1, 2022, subject to availability of funds, satisfactory contractor performance, and need.
Project staging in advance of the August 1st date is a possibility and should be outlined in bid responses if so desired.
Vendors have the right to take exception to the specifications or terms to this solicitation, however, such exceptions may deem the proposal submission non-responsible during evaluation. Any exceptions taken must be explained in the proposal. Any exceptions that contradict the City’s terms and conditions, or contain provisions that are not in the best interest of the City will disqualify the vendor. If exceptions are not explained, the Vendor will comply with the specifications as stated in this solicitation.
The City reserves the right to reject any or all proposals and waive any informality or minor defects in proposals received.
1.6 Organization of this RFP Document
The Request For Proposals (RFP) is organized in these sections:
Section 1: General Information to Vendors: Contains summary scope of work, contact information, proposal due date, and general background information.
Section 2: Specifications: Provides details regarding the contract requirements.
Section 3: Process Instructions: Contains the tentative RFP schedule, explains how the proposals will be evaluated, and presents administrative information on the conduct of the RFP process.
Section 4: Terms and Conditions: Details the City’s contract terms and conditions.
Section 5: Proposal Cover Page: Provides basic Vendor contact information and an authorized signature accepting the City’s terms and conditions as stated in this solicitation.
Section 6: RFP Questionnaire: Presents questions for Vendor response.
Section 7: Fee Schedule: Provides format for submitting pricing. Fee Schedules will include all costs incidental to performing decking and railing rehabilitation of the Neary Lagoon floating walkway according to this solicitation.
Appendix A. Local Business Preference Certification
Appendix B. Project Site Figures
Appendix C. Bid Sheet
Appendix D. List of Sub-Vendors
Appendix E. List of Equipment
26.37 City of Santa Cruz RFP: Decking & Railing Rehabilitation on the Floating Walkway at Neary Lagoon March 2022 Page 4
Appendix F. Vendor Reference Information
Appendix G. Bid Bond
Appendix H. Non-Collusion Declaration
Appendix I. Agreement Template
Appendix J. Faithful Performance Bond
Appendix K. Labor & Materials Bond
Appendix L. Good Faith Effort Statement for Local Hire
Appendix M. Local Hiring
Appendix N. Insurance Requirements
26.38 City of Santa Cruz RFP: Decking & Railing Rehabilitation on the Floating Walkway at Neary Lagoon March 2022 Page 5
SECTION 2: SPECIFICATIONS
2.1 Project Overview
2.1.1 Mobilization
The Project work period over the water will be from August 1 to October 1, 2022.
The Vendor shall contact the City by email a minimum of 14 days prior to equipment mobilization to the site.
Advance notice is necessary for public notice, dock closure, and permission to enter and use the Waste Water Treatment Facility (WWTF).
The Vendor shall provide all labor, materials, tools, equipment, services required for the proper completion of all the work as shown on the drawings and/or outlined in these specifications. Work shall include items not specifically mentioned herein or noted on plans but necessary to complete the work and tasks shown or described herein.
Equipment and materials mobilization to the site may occur up to fifteen working days prior to the permitted work start date. The bid proposal shall provide a description and the model of the equipment to be used. The Vendor shall provide equipment that is in good working condition to minimize breakage and “down” time, and to eliminate the possibility of fluid leaks. The Vendor shall provide an acceptable equipment spill prevention plan prior to mobilization to the site.
Vehicles and Equipment Access
Vehicles and equipment may access the floating dock area by traveling through the Wastewater Treatment Facility (WWTF) and entering the lagoon preserve through the “King Kong” gates or from Chestnut Street on the Northeast Access Road (See Appendix B for additional detail). Both accesses have narrow choke points that the Vendor must take into account.
Access to Power
The Project site does not have easy access to power. Vendors will need to provide their own power supply and ensure that power supply equipment complies with all Project permit and BMP requirements.
Training
The Vendor or Vendor’s site manager/foreman and the Vendor’s staff must be trained by the City Biologist regarding project BMPs, Special Listed species, and other environmental concerns prior to commencing the project work. Typically this training is done just after mobilization to the site or at the start of the first work day.
Mobilization Costs
The cost for mobilization in general shall be the cost to bring equipment to the site. Mobilization cost shall be in the lump sum bid item for “Mobilization” and shall include all materials, labor, equipment and supplies necessary to mobilize to complete the work.
2.1.2 Alaskan Cedar Removal Work
Vendor should take care of closure of the dock and prevention of pedestrians from entering into the work site.
The section of Alaskan cedar area marked for removal is shown in Appendix B. Vendor must not drop any material in the lagoon (hardware, lumber, sawdust, etc.).
Alaskan Cedar removal shall be conducted in the following order:
1. Bench & signage removal.
26.39 City of Santa Cruz RFP: Decking & Railing Rehabilitation on the Floating Walkway at Neary Lagoon March 2022 Page 6
2. Incremental removal of Alaskan Cedar1
During removal, all Alaskan cedar must be loaded directly into the trucks for hauling to disposal. Cedar should not be stored along banks or near habitat.
The Vendor will be responsible for hauling the Alaskan cedar by either driving through the WWTF or along the Northeast Access Road to the end of Chestnut Street. Care shall be taken to keep trucks clean and drip free. Care shall also be taken to not damage any fencing, walls, pathways, pavement, property etc. while transporting the Alaskan cedar. Tracking mud through the WWTF or onto Chestnut Street will not be allowed.
The contract unit price paid per foot for “Alaskan Cedar Removal Work” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved, including bench removal, cedar removal, hardware removal, loading onto trucks, transport to temporary disposal site, and all other work necessary for completing the work as specified in the City of Santa Cruz Standard Specifications, dated 2002. Tons will be as weighed at the final disposal site. At the end of each week, truck weight tags from the disposal site shall be supplied to the City.
2.1.3 Alaskan Cedar Disposal
Alaskan cedar should be transported to the disposal site as soon as possible.
Material must be loaded onto trucks appropriate for hauling heavy lumber. Trucks must have secure latching, or high sides in order to prevent material from shifting or dropping during transport.
Disposal must be at a legal disposal site with State Certified scales. City of Santa Cruz Resource Recovery Facility should be the site chosen for disposal and bidding this Project. Other sites may be chosen by the Vendor at the Vendor’s risk of additional cost and with prior approval by the City. City of Santa Cruz Resource Recovery Facility (RRF) could be utilized with the anticipated “Garbage” charge rate of $90.87 per ton.
Vendor shall anticipate this delay in hauling material offsite. The Vendor shall also ensure that the Alaskan cedar is free of vegetation, mud and roots to ensure that the material will be classified as “clean fill”. The Vendor shall be responsible for increased disposal costs for any material that does not meet “clean fill” disposal criteria.
The contract unit prices paid per ton for “Alaskan Cedar Disposal” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved, including final loading, trucking and all disposal fees and all other work necessary for completing the work as specified in the Standard Specifications and these special provisions. Tons will be as weighed at the final disposal site.
2.1.4 Composite Decking Installation
Composite decking material shall be installed “in kind’ to replicate the existing dock framework and functionality. The portion of dock to be upgraded with composite decking should mirror the segment marked for removal in Appendix B, Figure 1. Any saw cuts or drilling necessary for installation of the composite decking material will be made within the WWTF staging area (See Appendix B, Figure 2.) or off site. No cuts, drilling or other alteration of the composite decking will be made within the footprint of the lagoon or its banks.
1 All detachable and “moveable” portions of the dock must maintain functionality post replacement with composite decking. These are used for equipment access during tule and sediment removal.
26.40 City of Santa Cruz RFP: Decking & Railing Rehabilitation on the Floating Walkway at Neary Lagoon March 2022 Page 7
The contract unit prices paid per foot for “Composite Decking Installation” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved, including final installation, loading, tools, equipment and all disposal fees and all other work necessary for completing the work as specified in the Standard Specifications and these special provision. The substructure may need additional joists added to prevent composite material from bending or sagging over time.
2.1.5 Tule & Tree trimming and Removal
Some tule or tree trimming will be required in order to complete the removal & install shown in Appendix B, Figure 1. The amount of trimming required will be partially determined by the equipment used for Alaskan cedar removal and composite decking installation. The Vendor shall trim as needed to achieve enough clearance area on either side of the boardwalk for job completion. Tree and tule material shall be removed from the lagoon. The City RRF will accepted tree waste at $46.31 per ton.
The lump sum price for the “Tule/Tree Trimming and Removal” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved, including the cutting, hauling off water and disposal of tree and tule trimmings off-site as specified in the Standard Specifications and these special provisions.
2.1.6 Reinstallation of Benches and New Interpretive Signs Vendor shall reinstall existing benches using standard bolt in place legs and install four new City-provided interpretive signs at the direction of the Parks Field Crew Leader or Field Supervisor.
2.1.7 Lagoon Pedestrian Access and Parking
Lagoon Pedestrian Access
The Vendor shall close off the floating dock, but keep all other pathways open for pedestrians, and free of equipment and debris. Public access around the lagoon is required to be maintained for the duration of the Project.
Parking
The Vendor shall meet the following conditions during the Project:
1. Personal vehicles of the Vendor’s employees shall not be parked within the right-of-way at any time, including any section closed to public traffic.
2. Access for emergency vehicles to adjoining properties shall be maintained at all times during construction.
2.1.8 Daily and Final Project Clean Up
Daily Clean-up
The Vendor shall clean up the staging area, the WWTF access area and road, Chestnut Street and pathways for Neary Lagoon pedestrians, by the end of each work day. Floating dock should be secured at the end of each work day to disallow pedestrians from entering into the work area as noted in Appendix B, Figure 1.
The Vendor must conduct daily checks of the WWTF road, lower Chestnut Street and the staging area and shall be responsible for sweeping the street thoroughly with a street sweeper and by hand to remove all dragout, dust, dirt and debris during the Project, to the satisfaction of the City Environmental Projects Analyst or Field Supervisor. The Vendor must be in compliance with the City Storm Water Ordinance and Best Management Practices.
Final Cleanup
The Vendor shall return the floating dock, all other lower Neary Lagoon pathways, staging area, floating dock and any impacted portions of the worksite back to its pre-Project condition and per approval by City staff.
The Vendor shall remove all Project equipment from the lagoon area within 5 days of completing the Project.
26.41 City of Santa Cruz RFP: Decking & Railing Rehabilitation on the Floating Walkway at Neary Lagoon March 2022 Page 8
2.1.9 Project Communication, Progress and Documentation Vendor Communication & Progress
The Vendor shall ensure that the onsite project manager or foreman contacts and speaks to the Parks Field Crew Leader or Field Supervisor by telephone or in person daily during the business week during the Project duration. The Vendor shall provide the onsite project manager or foreman’s mobile phone number prior to Project commencement.
The Vendor shall conduct a weekly review of the removal and installation work and provide City staff with a short summary, by email or telephone, each week regarding the previous week’s progress.
The Vendor shall conduct a final Project site inspection with the Parks Field Crew Leader or Field Supervisor to assess completion of each stage of work (Alaskan cedar removal, vegetation removal, composite decking installation, final cleanup).
Project Completion Documentation
The Project summary report shall include a description and documentation on each phase of the job. The report shall include copies of the trucking receipts or invoices paid to trucking company for vegetation and lumber hauling/disposal. The report shall also include copies of the landfill disposal tags for both vegetation and lumber disposal, and an itemized list or spreadsheet of the tonnage disposed for both vegetation and lumber. Also, the report shall include a list of the equipment used, photos of the primary equipment, and several “after” photos showing the dock before and after removal and install.
The Project summary report shall be submitted within 3 weeks of Project completion.
The lump sum price for the “Project Summary Report” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved, including compiling the report as specified in the City’s Standard Specifications and these Project provisions.
2.2 Brand Requirements
Vendor-proposed material to replace existing Alaskan yellow cedar will be an engineered composite decking product and will match the existing Alaskan Yellow Cedar boardwalk in terms of look and weight, to ensure aesthetic consistency and float viability of the dock. Vendor shall provide documentation that the proposed product weight/density is similar to the existing Alaskan Yellow Cedar. Additionally, the proposed composite decking material should be compatible with the subsurface structure (joists, beams, etc). Color should match the existing section of Trex-composite decking already installed.
Any manufacturers' names, trade names, brand names, or catalog numbers used in the specification are there for the purpose of establishing and describing general performance and quality levels. Such references are not intended to be restrictive, and proposals are invited on these and comparable brands or products of any manufacturer.
Exceptions to, or deviations from, a particular manufacturer’s brand in this specification will be evaluated and considered by the City so long as those deviations are cross referenced and fully explained with regard to their equality with the preferred manufacturer. The City may require descriptive literature and/or samples for evaluation.
All samples will be provided within three days of request and at no cost to the City. The City may not return all samples.
The determination as to whether any alternate product is, or is not, equal will be made solely by the City and such determination will be final and binding upon all Vendors.
If exceptions are not requested, the Vendor will comply with the specifications as stated in this solicitation.
26.42 City of Santa Cruz RFP: Decking & Railing Rehabilitation on the Floating Walkway at Neary Lagoon March 2022 Page 9
2.3 Existing Facilities
Prospective bidders shall visit the work site and determine for themselves the existing conditions. The Vendor shall take precaution so as to avoid damaging existing public facilities and private improvements. All underground utilities including but not limited to sewer mains broken or disturbed by the Vendor's crew will be replaced or repaired by the Vendor or the City of Santa Cruz at the Vendor’s expense.
Should the Vendor's operation be temporarily halted due to conflict with an existing facility, the Vendor shall have no claims against the City due to delay and for equipment idle or down time. The Vendor is responsible for determining the exact location of existing underground utilities and other obstructions that may have to be disturbed by his/her operations and protection thereof.
The Vendor is required to avoid spills, pollution, harm to wildlife, or other impacts to water quality or wetland habitats.
2.4 Permit Requirements
The City has obtained all necessary project permits, and the Vendor shall maintain continuous compliance with all local, state and federal project regulations, project permit requirements and project Best Management Practices (BMPs) for the protection of adjacent wildlife and sensitive habitats. For example, construction work will utilize tarps and vacuums to prevent any materials from entering into the wetland. The full list of project permit requirements and BMPs required for compliance are listed in Appendix B. The City will keep the Vendor informed of the status on all permits.
2.5 Further Statement of Non-Compensable Vendor Work Window Choice Vendor shall include in its bid all contingencies relating to the permitted work window, including all cost and time impacts.
Specifically, there will be no allowance for claims or requests for delay, time impact, acceleration cost, constructive acceleration costs, field or home office overhead claims, or premium time claims, or other cost or time claims relating to Vendor’s decision to do the work. Vendor to price those factors into its bids and assume all such risk relating to timing associated with permit and BMP compliance. All such costs are within scope of work and to be included in Vendor’s bid.
Water pollution control work shall also conform to Chapter 4 of the Best Management Practices Manual for the City’s Storm Water Management Program available at www.cityofsantacruz.com.
The Vendor shall be liable for any and all clean-up costs, remediation measures, or any fines that may be levied against the City as a result of any type of violation or warning including those by the Regional Water Quality Control Board (RWQCB), CA Dept. of Fish & Wildlife, or any other agency against the City as result of an action by the Vendor. The Vendor shall also be responsible for reporting any and all spills to the appropriate regulatory agencies, including the RWQCB and the Santa Cruz County Health Department.
2.6 Damage
The Vendor will be responsible for any damage to City property during the performance of this contract. In the event that there is damage to City property, the Vendor will immediately report the incident to the City in writing.
Any such damage will be repaired or replaced with same by the Vendor at his/her sole expense and to the satisfaction of the City.
26.43 City of Santa Cruz RFP: Decking & Railing Rehabilitation on the Floating Walkway at Neary Lagoon March 2022 Page 10
2.7 Adequate Stock
The Vendor will maintain adequate stock of supplies to accommodate City’s needs throughout the length of the contract. Failure to maintain adequate stock may be deemed a breach of contract and may result in termination of the contract.
2.8 Warranty
Vendor warrants that the item(s) provided and/or work performed under this contract comply with all specifications, are free of liens and encumbrances, and that workmanship and materials are free from defects during the warranty period. Work shall comply with nationally recognized codes and established industry standards. Equipment shall carry the manufacturers’ most favorable commercial warranties. The warranty period shall begin after acceptance of item(s) and/or work and shall extend thereafter for a period of 10 years, or as otherwise specified by the manufacturer’s standard warranty, whichever is later.
Vendor agrees to remedy by replacing or repairing any item(s) that is damaged or defective during normal usage within the warranty period, at no additional cost to the City. Such repair or replacement will occur within a reasonable time frame, to the satisfaction of the City.
Exceptions to any of these warranty provisions will be indicted by Vendor in their proposal.
2.9 Vendor’s Employee Conduct
Vendor will agree to remove any employee whose conduct is improper, inappropriate, or offensive as determined by the City. A removed employee(s) is not to work on City premises without the written consent of the City. The Vendor will remove any employee from working in, or delivering to, City facilities who is convicted of a felony during his/her employment.
2.10 Background Check Requirement
Only Vendor employees who successful pass the City required background check will be allowed within the facility. The City will pay for the cost of no more than two background checks per contract year; Vendor will be responsible for the cost if more than two employees need background checks per contract year. Background checks will be completed before the employee is allowed facility access.
2.11 Exclusions
Excluded from this specification are all items purchased separately on other City contracts. The City also reserves the right to bid separately any item or items where it is determined by the Purchasing Manager that:
1. A substantial savings in cost will result due to a large quantity purchase, or
2. The commodity is not appropriately classified under this specification contract.
26.44 City of Santa Cruz RFP: Decking & Railing Rehabilitation on the Floating Walkway at Neary Lagoon March 2022 Page 11
SECTION 3: PROCESS INSTRUCTIONS
3.1 RFP Schedule
The City will make every effort to adhere to the following schedule:
Action DATE
1. Issue RFP March 25, 2022
2. Pre-proposal meeting/site visit April 7, 2022
3. Proposal due date April 25, 2022
4. Proposal evaluation completed May 13, 2022
5. Notice of intent to award June 13, 2022
6. Tentative Start Date August 1, 2022
3.2 Pre-Submittal Meeting
A Pre-Submittal Meeting will be held on April 7th, 2022, from 10am-12pm PDT, at the Neary Lagoon entrance at Chestnut Park, 89 Chestnut St. Santa Cruz, CA 95060. Respondents are strongly encouraged to attend and will have the opportunity to ask questions about the RFP, including the submittal requirements and procedures, the Services, and the Project. All attendees are required to wear face masks, social distance, and follow any other safety measures currently recommended by the County Public Health Officer.
3.3 Requests for Information.
Questions or concerns regarding any aspect of this RFP shall be sent via e-mail to the Lindsay Bass at [email protected] and received a minimum of five (5) working days prior to the Proposal Due Date, identified in Section 2.1. Any questions or objections not submitted within the time and manner stated above or to anyone other than the above-stated contact will be deemed waived. The City is not bound by the oral representation of any City employee or official.
Answers to questions received will be sent out via an addendum and posted on the City of Santa Cruz’s Website.
3.4 Proposal Due Date
Proposals are due no later than 5:00 PM (PACIFIC DAYLIGHT TIME) on April 25, 2022. All proposals will be delivered to the Parks & Recreation Department, 323 Church Street, Santa Cruz, California, 95060 before the due date. Late proposals, including supplemental documents or revisions, will not be considered. Respondent may submit proposal prior to the due date. Respondents take full responsibility for City’s receipt of Proposal.
3.5 Proposal Format
Respondents are required to submit one hard copy of the Proposal by the deadline stated in Section 3.4. Printed copies will be delivered as one unbound original of the proposal in a sealed envelope before the due date. As a courtesy, vendors may email a copy of the proposal and any attachments to [email protected] by the due date and time, with the Project name and number provided in the email subject line. The City prefers for printed proposals to be on recycled paper and bound in an easily recyclable format.
The City will not be liable for any expenses incurred by Vendors responding to this solicitation.
Proposals should be organized as follows:
1. RFP Cover Page, Section 5: Provides basic Vendor contact information and an authorized signature accepting the City’s terms and conditions as stated in this solicitation.
26.45 City of Santa Cruz RFP: Decking & Railing Rehabilitation on the Floating Walkway at Neary Lagoon March 2022 Page 12
2. Vendor Response to RFP Questionnaire, Section 6: Answers should be complete and in the order presented. Make your proposal as short as possible and do not include generic marketing materials.
3. Fee Schedule, Section 7: Provide complete pricing for all items listed using format included in Appendix C. Include all possible costs. Vendor will not be allowed to charge for costs not included in the proposal.
4. List of Sub-Vendors, Appendix D.
5. List of Equipment, Appendix E.
6. Vendor Reference Information, Appendix F.
7. Vendor Bid Bond, Appendix G.
8. Optional Appendices or Exhibits: Vendors may include sample reports, peer review reports, letters of recommendation, or other exhibits that may assist the City in favorably evaluating the Vendor. Do not include generic marketing materials.
Vendors have the right to take exception to the specifications or terms to this solicitation. Any exceptions taken must be explained in the proposal. Any exceptions that contradict the City’s terms and conditions, or contain provisions that are not in the best interest of the City will disqualify the vendor. If exceptions are not explained, the Vendor will comply with the specifications as stated in this solicitation.
Proposals will be deemed non-responsive and removed from further consideration if the Proposal is not received in accordance with the terms of this RFP or the Respondent does not meet the basic minimum qualifications and proposal requirements set forth in this RFP.
Vendors are solely responsible for all costs incurred in the preparation of a Proposal.
3.6 RFP Addenda
The City may determine it is necessary to revise any part of this solicitation. Revisions will be made by written addenda and it is the Vendor’s responsibility to comply with any addenda to this solicitation. Any addenda will be:
x Emailed to known interested vendors, or
x Posted on the City’s website, www.cityofsantacruz.com, under Bidding Information, or x Vendors may contact LINDSAY BASS, PRINCIPAL MANAGEMENT ANALYST, at 831-420-5274, email [email protected].
3.7 Proposal Evaluation
RFP responses will be evaluated and ranked according to the criteria below by an evaluation committee composed of City staff. The evaluation committee will open and review the proposals in confidence. Proposals will be available to the public after contract award.
Does the proposal meet the minimum requirements to be responsive (supplied all documentation required): Pass/Fail
Does the proposal meet the minimum qualification requirements in Section 1.8 to be responsible (the documentation provided shows that the offeror is capable of performing the work): Pass/Fail
If Passed both continue scoring based on the template below.
Criteria Weight
1. Fee schedule (pricing) 30 Points
2. Vendor's qualifications, experience and references 30 Points
3. Vendor’s proposed materials and work plan 25 Points
4. Overall quality of proposal 15 Points
26.46 City of Santa Cruz RFP: Decking & Railing Rehabilitation on the Floating Walkway at Neary Lagoon March 2022 Page 13
Total: 100 Points Possible
3.7.1 Proposal Evaluation Criteria Definitions
a. Fee Schedule (30 pts), Section 7
The total cost of the contract will affect 30% of the overall evaluation. The lowest responsive offeror will be given the full points for this criteria and higher offers will be scored proportionally using the following formula:
Proposed fees will be presented as not-to-exceed costs for the entire contract term and will include all professional fees and expenses.
b. Vendor’s Qualifications (30 pts), RFP Questionnaire, Section 6 Proposals will be evaluated for the Vendor’s qualifications, experience and references. The criteria will also include an evaluation of the Vendor’s longevity, projected financial stability, and performance on similar contracts.
c. Contract Materials and Execution Plan (25 pts), RFP Questionnaire, Section 6 Proposals will be evaluated for the quality of materials specified by the Vendor and the Vendor’s ability to complete the rehabilitation of the Neary Lagoon Floating Dock. d. Overall Quality of Proposal (15 pts)
Proposals will be evaluated for its professionalism and thoroughness. Vendors should answer all questions in the order presented.
3.8 Contract Implementation
The contract resulting from this solicitation is tentatively scheduled to begin August 1, 2022. Upon award notification and prior to final contract approval, the successful proposer will be required to submit:
a. Proof of insurance and living wage ordinance compliance documentation as specified in section 4.1 and
4.4 of this solicitation;
b. Documentation of all credentials necessary to legally perform the services specified; c. A completed W9 form and, if applicable, non-resident withholding exemption form, if not already on file with the City; and
d. Proof of a current City of Santa Cruz business tax certificate if the Vendor is located in, or performs services within, the city limits for more than 6 days annually.
The successful proposer will also be required to enter into a finalized contract that will include the RFP Section 2, the RFP Section 4, the Vendor’s response to Section 5 (RFP Cover Page), the Vendor’s response to Section 6 (RFP Questionnaire), the Fee Schedule as described in Section 7, the City’s standard terms as Exhibit A, and any negotiated modifications agreed to by the parties.
3.9 Public Record
Proposals received will become the property of the City. All proposals, evaluation documents, and any subsequent contracts will be subject to public disclosure per the “California Public Records Act,” California Government Code, sections 6250 – 6270. All documents related to this solicitation will become public records once discussions and negotiations with proposers have been fully completed and an award has been announced.
Appropriately identified trade secrets will be kept confidential to the extent permitted by law. Any proposal section alleged to contain proprietary information will be identified by the proposer in boldface text at the top and bottom as “PROPRIETARY.” Designating the entire proposal as proprietary is not acceptable and will not be honored.
Submission of a proposal will constitute an agreement to this provision for public records. Pricing information is not considered proprietary information.
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3.10 Award Protests
The City desires to foster cooperative relationships with Vendors and to reach a fair agreement in a timely manner.
The City encourages Vendors to resolve issues regarding the solicitation requirements or the procurement process through written correspondence and discussions at least 5 business days prior to the proposal due date. This will allow the City time to research the validity of the protest and either issue an addendum to the solicitation, cancel the solicitation, or determine the protest to be unfounded and proceed with the solicitation. In the event the protest of specifications is denied and the protester wishes to continue in the protest process, the protesting vendor must still submit a proposal in accordance with the proposal submittal procedures provided in this solicitation.
Questions or concerns prior to the intent to award notice will be directed to:
LINDSAY BASS
phone: 831-420-5274
or email: [email protected]
Any Vendor who unsuccessfully bids on a city contract or any trade association representing workers who would have potentially been employed by such contract may formally protest a contract award. Protest letters regarding a formal contract award will be directed to:
City of Santa Cruz
City Clerk Administrator
809 Center Street, Room 9
Santa Cruz, California 95060
Protests will be filed with the City Clerk’s office no later than 5 business days after the written notice of intention to award has been distributed. Protest letters will include:
x The name, address, and telephone number of the protester; x The solicitation title and due date;
x Name of City employee and Department designated as the contact in the original solicitation; x A detailed statement of the legal and/or factual grounds for the protest; and x The form of relief requested.
The City Council will hear the protest prior to award of the contract. The protesting party may protest the City’s or successful Vendor’s failure to comply with the requirements of the Purchasing Ordinance or the solicitation documents. The protest must clearly set forth the basis for the protest; grounds not set forth in the written protest will not be considered by the City Council at the protest hearing. The City Council will sustain a protest if the protesting party demonstrates by clear and convincing evidence that, as specified above, the City would act improperly in awarding the contract. The decision of the City Council will be final.
3.11 Rights and Options of the City
The City, at its sole discretion, reserves the following rights:
1. To reject any or all proposals or information received pursuant to this RFP;
2. To supplement, amend, substitute, or otherwise modify this RFP at any time by means of written addendum;
3. To cancel this RFP with or without the substitution of another RFP or prequalification process;
4. To cancel the scope of services awarded through this RFP process with or without the substitution of another RFP or prequalification process;
5. To request additional information;
6. To verify the qualifications and experience of each respondent;
7. To require one or more respondents to supplement, clarify, or provide additional information in order for the Public Works Department to evaluate proposals submitted; and
8. To waive any minor defect or technicality in any proposal received.
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SECTION 4: TERMS AND CONDITIONS
4.1 City’s Standard Terms and Conditions
The City of Santa Cruz Standard Specifications shall govern this contract. Review the terms and conditions here; all terms including, but not limited to, insurance apply to the contract resulting from this solicitation. A current copy of these terms will be included in the resulting contract as an Exhibit.
4.1.1 Insurance Requirements
Vendor will provide Certificate of Insurance(s) for Commercial General Liability, Auto Liability and Workers’ Compensation as stated in Appendix N
4.1.2 Prevailing Wage
Prevailing wages must be paid to all workers and subcontracted employees for this contract. This contract is subject to compliance monitoring and enforcement by the DIR. Vendors and sub-vendors must register with the DIR in order to submit a bid and be awarded a contract. (http://www.dir.ca.gov/dlse/dlsePublicWorks.html).
4.1.3 Licenses
Vendors and their proposed sub-vendors shall hold such licenses as may be required by the laws of the State of California for the performance of the Project. The Vendor is required to ensure that all sub-vendors listed in the Proposal and working on this Project hold valid licenses and certifications suitable for their trade.