Santa Cruz City Council
May 23, 2023

In implementing the policy, the rights of free speech and association shall be accommodated in a manner consistent with applicable Federal and State law and in a manner consistent with the intent of the policy.

DISSEMINATION OF POLICY AND TRAINING
All employees, supervisors, and managers shall receive a copy of this Administrative Procedure Order and City Council Policy 25.2 and shall also attend sexual harassment and cultural diversity training according to the following schedule:
1) All New Employees – Harassment/Discrimination/Retaliation Prevention Training, and Cultural Diversity Training, within the first year of hire. 2) Supervisors – Cultural Diversity Training within the first year of hire, Harassment/Discrimination/Retaliation Prevention Training within six months of gaining supervisory responsibilities, and refresher training no less frequently than every two years.

Posters explaining local, State, and Federal non-discrimination laws will be prominently displayed in the Human Resources Department.

REASONABLE ACCOMMODATION FOR DISABILITY (in accordance with Title II of the Americans with Disabilities Act of 1990, and as amended by the ADA Amendments Act of 2008) Disability is defined as: a) a physical or mental impairment that substantially limits one or more major life activities, b) having a documented record of such an impairment, or c) being regarded as having such an impairment.

Accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities. It means modifications or adjustments to: a) a job application process to enable an individual with a disability to be considered for the position, b) the work environment in which a position is performed so that a person with a disability can perform the essential functions of the position, and c) enable individuals with disabilities to enjoy equal benefits and privileges of employment as employees without disabilities enjoy.

I. Inclusions
Accommodation includes making existing facilities and equipment used by employees readily accessible to and usable by individuals with disabilities. Accommodation applies to:
a) all employment decisions and to the job application process, b) all services and programs provided in connection with employment, c) non-work facilities provided in connection with employment, and d) known disabilities only.

II. Exclusions
Accommodation is not required if: a) it eliminates essential functions of a position from the person’s job, or b) adjustments or modifications requested are primarily for the benefit of the person with a disability. The law does not require an accommodation that imposes an “undue

14.45 Administrative Procedure Order II-1A
Section II, #1A (Revised April 2017)

hardship” on the operation of the City. Undue hardship means significant difficulty or expense incurred in the provision of accommodation relative to the operation of the City’s program and includes, but is not limited to, financial difficulty. Undue hardship refers to any accommodation that would be unduly costly, extensive, substantial, disruptive, or that would fundamentally alter the nature or operation of the City. Whether a particular accommodation will impose an undue hardship is determined on a case-by-case basis. The following factors will be considered in determining whether an accommodation would create undue hardship:
a) the nature and cost of the accommodation, b) the financial resources of the City, c) the number of employees, and d) the type of operations of the City, including the composition and functions of its workforce.

III. Determining the Appropriate Accommodation
Where a particular accommodation would result in an undue hardship, the City must determine if another accommodation is available that would not result in an undue hardship.

If a qualified individual with a disability requests the provision of a reasonable accommodation, the City shall engage in an informal, interactive process with the person with a disability which identifies the precise limitations resulting from the disability and potential accommodations that could overcome those limitations. The accommodation process shall generally involve five (5) steps.
 First, the City shall analyze the particular job at issue and determine its purpose and essential functions.
 Second, the City shall consult with the individual with a disability to ascertain the precise job-related limitations imposed by the individual’s disability.  Third, the City shall consult with the individual with a disability and, if desired by the agency, the appropriate rehabilitation or ergonomics consultant to identify potential accommodations and the necessary modifications.
 Fourth, the City shall assess the effectiveness of each potential accommodation with regard to enabling the individual to perform the essential functions of the position.  Finally, the City shall consider the preference of the individual to be accommodated and select and implement the accommodation that is most appropriate for both the employee and the agency.

DISCRIMINATION, HARASSMENT, AND RETALIATION COMPLAINT PROCEDURE This complaint procedure is available to City of Santa Cruz employees and individuals who believe that they have been subjected to discrimination, harassment, and/or retaliation in relation to employment with the City of Santa Cruz.

Complainants, and employees alleged to have engaged in discrimination, harassment, or retaliation, may choose to be represented at any or all steps in the complaint process.

I. Filing a Complaint
Complaints may be submitted to an employee’s immediate supervisor, any supervisor or manager within or outside the department, the department head, or Human Resources Department within one (1) year of the date the alleged action occurred. Any City of Santa

14.46 Administrative Procedure Order II-1A
Section II, #1A (Revised April 2017)

Cruz supervisor, manager, or department head who receives a discrimination or harassment complaint shall notify the Human Resources Department immediately upon receipt of the complaint. Complaints may be presented orally or in writing.

Written complaints should include the following information:
 The name, address, and telephone number of the complainant.  The basis for the alleged discrimination or harassment (protected category and/or retaliation).
 The specific discriminatory practice(s) or incident(s) that have occurred.  The names of any persons thought to be responsible for the discrimination/harassment.
 The remedy the complainant is seeking as a result of the complaint.  The name, address, and telephone number of the complainant’s representative, if any.

If complainants wish to file the complaint in person and receive assistance, they may contact the Human Resources Department to schedule an appointment with a staff investigator.

II. Investigation and Resolution
After reviewing the complaint, the Human Resources Director shall determine if an investigation is necessary to resolve the issues of the complaint and, if so, authorize and supervise the investigation of the complaint by a qualified person. The complainant will be contacted by the investigator upon the investigator’s receipt of the complaint and will be kept apprised of the status of the investigation. The investigation will be documented and tracked for reasonable progress and appropriate due process. Every effort will be made to conclude the investigation within one hundred and twenty (120) calendar days of receipt of the complaint.

The Human Resources Director will not proceed with the investigation of a complaint if the complaint contains no assertion that the alleged acts occurred based on one or more of the protected categories or if a nexus cannot be established between the alleged act(s) and discrimination based on any of the protected categories.

When the investigation is completed, the Human Resources Director will determine if there is sufficient evidence to substantiate a violation of the City’s Discrimination, Harassment, and Retaliation Policy and if remedial action is necessary to resolve the issues of the complaint. The complainant, alleged perpetrator/harasser, and department head(s) will be notified of the Human Resources Director’s determination. If discipline is imposed, the discipline will not be communicated to the complainant.

If it would present a conflict (or the appearance of such) for the review and investigation of a complaint to be conducted by the Human Resources Department, the City Manager will be responsible for this process.

14.47 Administrative Procedure Order II-1A
Section II, #1A (Revised April 2017)

III. City Manager Review
Complainants who are not satisfied with the Human Resources Director’s determination may request a review by the City Manager (or his/her representative), in writing, within ten (10) workdays following receipt of the Human Resources Director’s determination. The City Manager (or his/her representative) shall review the complainant’s written appeal and the investigative findings and shall render a written decision within thirty (30) workdays following the review.

IV. Additional Remedies
Current City employees covered by a memorandum of understanding that includes arbitration as the final step in the grievance process may request that the matter be taken to arbitration in accordance with the specific procedures contained in the applicable memorandum of understanding.

In addition, all complainants may file complaints of discrimination, harassment, or retaliation with the State of California Department of Fair Employment and Housing and the Federal Equal Employment Opportunity Commission, whether or not complainants choose to use the City of Santa Cruz’ complaint procedure. Time limits for filing complaints with State and Federal compliance agencies vary, and those agencies should be contacted directly for specific information. The addresses and telephone numbers (as of the revision date of this procedure) are:

California Department of Fair Employment and Housing
Bay Area Regional Office
39141 Civic Center Drive, Suite 250
Fremont, CA 94538
Phone: (800) 884-1684
For Persons with a Hearing Impairment: (800) 884-1684 or TTY at (800) 700-2320 E-mail: [email protected]
United States Equal Employment Opportunity Commission
San Jose Local Office
96 North Third Street, Suite 250
San Jose, CA 95112
Phone: (800) 669-4000
Fax: (408) 291-4539
TTY: (800) 669-6820
ASL Video Phone: (844) 234-5122

14.48 EXHIBIT D

CLASSIFICATIONS REQUIRING SAFETY BOOTS
(Temporary Positions )
*Assistant Engineer I
*Assistant Engineer II
Assistant Wastewater Plant Operator
Building Inspector
Building Maintenance Worker I
Building Maintenance Worker II
Chemist I
Chemist II
Construction Specialist
Courier Driver
Custodian (Civic, Wharf, Parks & LNCC only)
*Engineering Technician
Environmental Compliance Inspector
Equipment Mechanic I
Equipment Mechanic II
Equipment Service Worker
Landfill Gate Attendant
Light Equipment Mechanic
Parking Attendant
Parking Control Maintenance Worker
Parking Enforcement Officer
Parking Facility Maintenance Assistant
Parks Maintenance Worker
Parks Maintenance Mechanic I/II
Police Property Attendant
Ranger
Recycling Center Equipment Mechanic
Recycling Maintenance Technician
Resource Recovery Equipment Operator
Resource Recovery Worker I
Resource Recovery Worker II
Sanitation/Recycling Aide
Service Maintenance Trainee
Service Maintenance Worker
Senior Building Inspector
Senior Environmental Compliance Inspector
Senior Parks Maintenance Worker
Senior Resource Recovery Worker
Senior Service Maintenance Worker
Senior Water Distribution Worker
Solid Waste Worker
Street Maintenance Worker
Street Signing Specialist
Traffic Signal Technician
Traffic Signal Worker
Utility Maintenance Technician
*Utility Service Representative
*Waste Reduction Coordinator
Wastewater Facilities Electrical/Instrumentation Technician I/II Wastewater Facilities Lead Electrical/Instrumentation Technician

14.49 Wastewater Mains Maintenance Trainee
Wastewater Mains Maintenance Worker
Wastewater Mains Senior Maintenance Worker
Wastewater Plant Operator I
Wastewater Plant Operator II
Water Distribution Worker I
Water Distribution Worker II
Water Meter Technician
Water Quality Laboratory Assistant
Water Quality Microbiologist I/II/III
Water Treatment Operator I/II/III/IV
Wharf Construction Worker
*Field positions only, requirement is optional with department head approval.

14.50 City Council

AGENDA REPORT
DATE: 05/11/2023
AGENDA OF: 05/23/2023
DEPARTMENT: Police
SUBJECT: Award Contract for Portable Digital Radios (PD) RECOMMENDATION: Motion to authorize and direct the City Manager to execute an agreement in a form acceptable to the City Attorney with Motorola Solutions for the leasepurchase of portable digital radios and portable digital radio accessories for the Santa Cruz Police Department in the amount of $899,077.13.

BACKGROUND: Motorola issued an Intent-to-Cancel Notice to the Santa Cruz Police Department (SCPD) in October 2014, indicating Motorola was canceling the Department’s portable analog radios (model XTS 2500) and vendor support would cease by December 2019.

The SCPD continues to outfit all its sworn and non-sworn officers with XTS 2500 portable analog radios to receive and transmit calls for service and conduct two-way communication between officers, supervisors, and dispatchers. For years, parts to repair or replace damaged radios have become limited or unavailable.

As more of the Department’s radios are taken offline due to inoperability, purchasing new radios to outfit officers becomes more imminent. Project 25 (P25), a suite of standards for interoperable digital two-way radio products, plays a significant role in the Department’s decision to move away from its existing portable analog radios and toward new portable digital radios. P25- compliant radios are a direct replacement for analog devices and offer improved sound quality, security, and versatility in transferring data, rendering the SCPD’s current radio equipment obsolete. Many public safety departments (i.e., fire, police, ambulance) in surrounding jurisdictions have already fully adopted P25-compliant radios. To provide all officers with secure and reliable radio equipment and maintain interoperable two-way communication between other service departments, the SCPD intends to adopt and implement P25-complaint radio equipment by early FY 2024.

DISCUSSION: Section 3.08.170 of the Municipal Ordinance allows the City to buy from cooperative purchasing agreements when it is in the City’s best interest to do so.

Cooperative purchasing is a form of purchasing that leverages the buying power of multiple government agencies to get the best pricing and favorable contract terms and conditions.

Hundreds of contracts are available to use that offer competitively priced contracts for almost every good or service the City buys.

15.1 By utilizing a cooperative purchase agreement through Sourcewell (contract # 042021-MOT), SCPD has secured competitive pricing on 120 new portable digital radios (model APX6000) and portable digital radio accessories. Motorola has provided a 20-27% discount on the new radios and accessories – a savings of $241,034.94 off the list price.

FISCAL IMPACT: Financing has been offered through Motorola Solutions and applied towards a lease-purchase agreement of seven annual $128,439.59 lease payments, totaling $899,077.13. Existing funds from the Police Department’s services, supplies, and other materials & services budget can be used towards this purchase.

Prepared By:

Catherine Brothers
Principal Management
Analyst
Submitted By:

Bernie Escalante
Chief of Police
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. SOURCEWELL (#042021-MOT) CONTRACT.PDF

2. SCPD MOTOROLA P25 DIGITAL RADIO PURCHASE FINANCING AGREEMENT.PDF

3. MOTOROLA QUOTE-2131449 120 UNITS APX6000.PDF

4. XTS2500 CANCELLATION NOTICE.PDF

15.2 042021-MOT
Rev. 10/2020 1
Solicitation Number: RFP #042021

CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Motorola Solutions, Inc., 500 W. Monroe, Chicago, IL 60661 (Vendor).

Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Public Safety Communications Technology and Hardware Solutions from which Vendor was awarded a contract.

Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires June 23, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor.

C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

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Rev. 10/2020 2
All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Vendor warranties for Equipment, Products, and Services furnished are set forth in Vendor’s then-current Communication, Systems & Services Agreement, which will be made available to Participating Entities at the time of purchase. Vendor’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list.

3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery.

15.4 042021-MOT
Rev. 10/2020 3
Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Freight, title and risk of loss terms will be as set forth in Vendor’s then-current Communication, Systems & Services Agreement, which will be made available to Participating Entities at the time of purchase.

B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.

C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must:

Identify the applicable Sourcewell contract number;
Clearly specify the requested change;
Provide sufficient detail to justify the requested change; Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and

15.5 042021-MOT
Rev. 10/2020 4
Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract in the United States. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at governmentowned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance,

15.6 042021-MOT
Rev. 10/2020 5
Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract.

Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Vendor will require the use of Vendor’s then-current Communication, Systems & Services Agreement (“CCSA”) and Exhibits, Subscription Services Addendum (“SSA”), Maintenance and Support Addendum (“MSA”), and Telecommunication Carrier Addendums (“TCA”). Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased;

2. Federal or state laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or

3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity, after receipt of notice from Sourcewell or the Participating Entity, and fails to correct such breach within thirty days.

In the event of termination under this subsection 6. D., the Participating Entity will remain liable for contract amounts due and attributable to Equipment, Products, and Services delivered or performed on or before the date of the termination.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

15.7 042021-MOT
Rev. 10/2020 6

7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:

Maintenance and management of this Contract;
Timely response to all Sourcewell and Participating Entity inquiries; and Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).

The Report must contain the following fields:

Customer Name (e.g., City of Staples Highway Department); Customer Physical Street Address;
Customer City;
Customer State/Province;
Customer Zip Code;
Customer Contact Name;
Customer Contact Email Address;
Customer Contact Telephone Number;
Sourcewell Assigned Entity/Participating Entity Number; Item Purchased Description;
Item Purchased Price;
Sourcewell Administrative Fee Applied; and
Date Purchase was invoiced/sale was recognized as revenue by Vendor.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not

15.8 042021-MOT
Rev. 10/2020 7
added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.

Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties.

15.9 042021-MOT
Rev. 10/2020 8
D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it.

E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. LIABILITY
Vendor must indemnify, save, and hold Sourcewell, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor or its agents or employees. Sourcewell will provide prompt written notice to Vendor of any claim or suit, and will cooperate with Vendor in its defense or settlement of the claim or suit. Vendor’s maximum liability for damages caused by failure to perform its obligations under this Contract is limited to proven direct damages for all claims arising out of this Contract not to exceed the total net payments of Administrative Fees paid under any twenty-four (24) month period during the Term. Vendor’s indemnification obligations under the Contract are excluded from this provision. VENDOR WILL NOT BE LIABLE

FOR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT OR TORT. CONSEQUENTIAL, INCIDENTAL, AND INDIRECT DAMAGES

INCLUDE, BUT ARE NOT LIMITED TO, LOST PROFITS, LOST REVENUES, AND LOSS OF BUSINESS

OPPORTUNITY, WHETHER OR NOT THE OTHER PARTY WAS AWARE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF THESE DAMAGES.

Vendor’s obligations to indemnify or hold harmless Participating Entities will be as set forth in Vendor’s Communication, Systems & Services Agreement.

12. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract.

If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request.

15.10 042021-MOT
Rev. 10/2020 9

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor.
b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article.

Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos.
b. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos.
c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s Trademarks only in good faith and in a dignified manner consistent with such party’s use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable United States patent or copyright laws. Vendor’s obligations to indemnify or hold harmless Participating Entities for intellectual property infringement will be as set forth in Vendor’s then-current Communication, Systems & Services Agreement. 5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of vendors which may be used until the next printing). Vendor must return all

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marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract.

D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services.

14. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary,

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Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default (unless a force majeure causes the default):

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

Written notice of default and a 30 day opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:

Exercise any remedy provided by law or equity, or
Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE
A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance in accordance with the following:

1. Workers’ Compensation and Employer’s Liability. Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts listed below:

Limits:
$1,000,000 each accident for bodily injury by accident
$1,000,000 policy limit for bodily injury by disease
$1,000,000 each employee for bodily injury by disease

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2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Limits:
$3,000,000 each occurrence Bodily Injury and Property Damage $3,000,000 Personal and Advertising Injury
$5,000,000 aggregate for Products-Completed operations
$5,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below.

Limits:
$2,000,000 each accident, combined single limit

4. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract.

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C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) its workers compensation, commercial general liability, and automobile liability insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the workers compensation, commercial general liability, and automobile liability insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing.

Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian

15.15 042021-MOT
Rev. 10/2020 14
government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Vendor’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that

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each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions.

C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. Intentionally Omitted.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for

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debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a

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satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

22. CANCELLATION
Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal.

Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell Motorola Solutions, Inc.

By: __________________________ By: __________________________ Jeremy Schwartz Carrie Hemmen
Title: Chief Procurement Officer Title: MSSSI Territory Vice President & Director of Sales
Date: ________________________ Date: ________________________ Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________

15.19 Bid Number: RFP 042021 Vendor Name: Motorola Solutions, Inc.

15.20 Bid Number: RFP 042021 Vendor Name: Motorola Solutions, Inc.

15.21 Bid Number: RFP 042021 Vendor Name: Motorola Solutions, Inc.

15.22 Bid Number: RFP 042021 Vendor Name: Motorola Solutions, Inc.

15.23 Bid Number: RFP 042021 Vendor Name: Motorola Solutions, Inc.

15.24 Bid Number: RFP 042021 Vendor Name: Motorola Solutions, Inc.

15.25 Bid Number: RFP 042021 Vendor Name: Motorola Solutions, Inc.

15.26 Bid Number: RFP 042021 Vendor Name: Motorola Solutions, Inc.

15.27 Bid Number: RFP 042021 Vendor Name: Motorola Solutions, Inc.

15.28 Bid Number: RFP 042021 Vendor Name: Motorola Solutions, Inc.

15.29 Bid Number: RFP 042021 Vendor Name: Motorola Solutions, Inc.

15.30 Bid Number: RFP 042021 Vendor Name: Motorola Solutions, Inc.

15.31 Bid Number: RFP 042021 Vendor Name: Motorola Solutions, Inc.

15.32 Bid Number: RFP 042021 Vendor Name: Motorola Solutions, Inc.

15.33 Bid Number: RFP 042021 Vendor Name: Motorola Solutions, Inc.

Table 148: Depth and 8readth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary.

Line
Item Category or Type Offered * Comments
67 Fire or EMS station alerting
or paging systems
Yes
No
Yes. We partner with Mach Alert to provide Fire Station Alerting solutions. * 68 Connectivity and interoperability devices,
hardware and equipment
Yes
No
Yes. We are offering Critical Connect as our system to system interoperability solution, as well as control station radios to tie in legacy frequencies to current radio systems. * 69 Airborne, marine, and
underwater communication
systems
Yes
No
No. * 70 Services related to lines 67,
68 and 69 above
Yes
No
Yes. We have included the necessary services to implement and maintain the solutions mentioned in lines 67 & 68. * Table 15: Industry Specific Questions Line
Item Question Response * 71 Describe the interoperability of your products and services with
other equipment, software, and
systems, as applicable
Because we follow industry standards across our portfolio, our products are fully interoperable with other systems/devices that follow the definition in the specific standard in question. The standards the our products and solutions follow are listed in Line Item 73. Additionally, our services providers maintain certifications required within each solution (certifications are detailed in Line Item 14). * 72 Describe how your products and services integrate with
other communications and
technology components (e.g.,
CAD, RMS, LMR, etc.)
Aside from meeting what the applicable standard defines for its interoperability requirements, Motorola Solutions has created an end-to-end platform that integrates our solutions from the time someone picks up the phone to dial 911 until case closure. These solutions include, but are not limited to Radio, 911 call handling, CAD, Records Management, Body Worn and In-Vehicle Cameras, Digital Evidence Management, Video Security, License Plate Recognition, Situational Awareness, and Broadband Communications. Because these are all solutions that we develop, we are creating integrations and are not limited to interfacing different solution together. Interfacing typically limits the communication between two solutions because it uses the least common denominator of the information that can pass between to solutions from different vendors. The integrations that we have, and continue, to develop are allowing for greater efficiencies as our customers do their jobs.

We have also created a solution called CommandCentral Aware that allows for our radio system to integrate with other vendors CAD and Video solutions to create situational awareness for our customers as the approach a scene.
73 Describe how your products
and services conform to
applicable industry standards
and required specifications.

The systems and equipment included in this response fully comply with one of the following standards; Project 25 (P25) - http://www.project25.org/, Digital Mobile Radio (DMR) - https://www.dmrassociation.org/dmr-standards.html, and Citizens Broadband Radio Service (CBRS) standards - https://www.ecfr.gov/cgi-bin/text-idx?
SID=960a62ced28f9e89c169ed12daafa030&mc=true&node=pt47.5.96&rgn=div5. 74 Describe your use of
installation or service partners,
if applicable.

Motorola Solutions utilizes both certified internal employees as well as our certified service partner shops to do installs and maintenance. Deciding which we utilize on each opportunity is dependent on the customer, if they have a preference, and the type of project.

Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text.

15.34 Bid Number: RFP 042021 Vendor Name: Motorola Solutions, Inc.

Documents
Ensure your submission document(s) conforms to the following:

1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.

2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.

3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.

4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." Financial Strength and Stability (optional)
Marketing Plan/Samples (optional)
WMBE/MBE/SBE or Related Certificates (optional)
Warranty Information (optional)
Pricing - Sourcewell RFP 042021 Pricing.pdf - Monday April 19, 2021 18:16:04 Upload Additional Document - Sourcewell RFP 042021 Proposal Document.pdf - Monday April 19, 2021 18:19:49

15.35 Bid Number: RFP 042021 Vendor Name: Motorola Solutions, Inc.

15.36 Bid Number: RFP 042021 Vendor Name: Motorola Solutions, Inc.

15.37 5/10/23
City of Santa Cruz
155 Center Street
Santa Cruz CA 95060
RE: Municipal Lease # 25405
Enclosed for your review, please find the Municipal Lease documentation in connection with the solution to be leased from Motorola. The interest rate and payment streams outlined in Equipment Lease-Purchase Agreement #25405 are valid for contracts that are executed and returned to Motorola on or before May30, 2023. After 5/30/23, the Lessor reserves the option to re-quote and re-price the transaction based on current market interest rates.

Please have the documents executed where indicated and forward the documents to the following address:

Motorola Solutions Credit Company LLC
Attn: Bill Stancik / 44th Floor
500 W. Monroe
Chicago IL 60661
Should you have any questions, please contact me at 847-538-4531.

Thank You,

MOTOROLA SOLUTIONS CREDIT COMPANY LLC
Bill Stancik

15.38 LESSEE FACT SHEET
Please help Motorola provide excellent billing service by providing the following information:

1. Complete Billing Address City of Santa Cruz

_________________________________________
E-mail Address: _________________________________________

Attention: _________________________________________

Phone: _________________________________________

2. Lessee County Location: _________________________________________

3. Federal Tax I.D. Number _________________________________________

4. Purchase Order Number to be referenced on invoice (if necessary) or other “descriptions” that may assist in determining the applicable cost center or department: ________________________

5. Equipment description that you would like to appear on your invoicing:_________________________________________ Appropriate Contact for Documentation / System Acceptance Follow-up:

6. Appropriate Contact & _______________________________________ Mailing Address
_______________________________________
_________________________________________
_________________________________________

Phone: _________________________________________
Fax: __________________________________________

7. Payment remit to address: Motorola Solutions Credit Company LLC P.O. Box 71132
Chicago IL 60694-1132
Thank you

15.39 EQUIPMENT LEASE-PURCHASE AGREEMENT
Lease Number: 25405
LESSEE: LESSOR:

City of Santa Cruz Motorola Solutions, Inc.
155 Center Street 500 W. Monroe
Santa Cruz CA 95060 Chicago IL 60661
Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor, the equipment and/or software described in Schedule A attached hereto ("Equipment") in accordance with the following terms and conditions of this Equipment Lease-Purchase Agreement ("Lease").

1. TERM. This Lease will become effective upon the execution hereof by Lessor. The Term of this Lease will commence on date specified in Schedule A attached heretoand unless terminated according to terms hereof or the purchase option, provided in Section 18, is exercised this Lease will continue until the Expiration Date set forth in Schedule B attached hereto ("Lease Term").

2. RENT. Lessee agrees to pay to Lessor or its assignee the Lease Payments (herein so called), including the interest portion , in the amounts specified in Schedule B. The Lease Payments will be payable without notice or demand at the office of the Lessor (or such other place as Lessor or its assignee may from time to time designate in writing), and will commence on the first Lease Payment Date as set forth in Schedule B and thereafter on each of the Lease Payment Dates set forth in Schedule B. Any payments received later than ten (10) days from the due date will bear interest at the highest lawful rate from the due date. Except as specifically provided in Section 5 hereof, the Lease Payments will be absolute and unconditional in all events and will not be subject to any set-off, defense, counterclaim, or recoupment for any reason whatsoever. Lessee reasonably believes that funds can be obtained sufficient to make all Lease Payments during the Lease Term and hereby covenants that a request for appropriation for funds from which the Lease Payments may be made will be requested each fiscal period, including making provisions for such payment to the extent necessary in each budget submitted for the purpose of obtaining funding. It is Lessee's intent to make Lease Payment for the full Lease Term if funds are legally available therefor and in that regard Lessee represents that the Equipment will be used for one or more authorized governmental or proprietary functions essential to its proper, efficient and economic operation.

3. DELIVERY AND ACCEPTANCE. Lessor will cause the Equipment to be delivered to Lessee at the location specified in Schedule A ("Equipment Location"). Lessee will accept the Equipment as soon as it has been delivered and is operational. Lessee will evidence its acceptance of the Equipment either (a) by executing and delivering to Lessor a Delivery and Acceptance Certificate in the form provided by Lessor; or (b) by executing and delivering the form of acceptance provided for in the Contract (defined below).

Even if Lessee has not executed and delivered to Lessor a Delivery and Acceptance Certificate or other form of acceptance acceptable to Lessor, if Lessor believes the Equipment has been delivered and is operational, Lessor may require Lessee to notify Lessor in writing (within five (5) days of Lessee’s receipt of Lessor’s request) whether or not Lessee deems the Equipment (i) to have been delivered and (ii) to be operational, and hence be accepted by Lessee. If Lessee fails to so respond in such five (5) day period, Lessee will be deemed to have accepted the Equipment and be deemed to have acknowledged that the Equipment was delivered and is operational as if Lessee had in fact executed and delivered to Lessor a Delivery and Acceptance Certificate or other form acceptable to Lessor.

4. REPRESENTATIONS AND WARRANTIES. Lessor acknowledges that the Equipment leased hereunder is being manufactured and installed by Lessor pursuant to contract (the "Contract") covering the Equipment. Lessee acknowledges that on or prior to the date of acceptance of the Equipment, Lessor intends to sell and assign Lessor's right, title and interest in and to this Agreement and the Equipment to an assignee ("Assignee"). LESSEE FURTHER ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY SET FORTH IN THE

CONTRACT, LESSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY NATURE OR KIND WHATSOEVER, AND AS BETWEEN LESSEE AND THE ASSIGNEE, THE PROPERTY SHALL BE ACCEPTED BY LESSEE "AS IS" AND "WITH ALL FAULTS". LESSEE AGREES TO SETTLE ALL CLAIMS DIRECTLY WITH LESSOR AND WILL NOT ASSERT OR SEEK TO ENFORCE ANY SUCH CLAIMS AGAINST THE ASSIGNEE. NEITHER LESSOR NOR THE ASSIGNEE SHALL BE LIABLE FOR

ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER AS A RESULT OF

THE LEASE OF THE EQUIPMENT, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, PROPERTY DAMAGE OR LOST PRODUCTION WHETHER SUFFERED BY LESSEE OR ANY THIRD PARTY.

Lessor is not responsible for, and shall not be liable to Lessee for damages relating to loss of value of the Equipment for any cause or situation (including, without limitation, governmental actions or regulations or actions of other third parties).

5. NON-APPROPRIATION OF FUNDS. Notwithstanding anything contained in this Lease to the contrary, Lessee has the right to not appropriate funds to make Lease Payments required hereunder in any fiscal period and in the event no funds are appropriated or in the event funds appropriated by Lessee's governing body or otherwise available by any lawful means whatsoever in any fiscal period of Lessee for 15.40 Lease Payments or other amounts due under this Lease are insufficient therefor, this Lease shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to Lessee of any kind whatsoever, except as to the portions of Lease Payments or other amounts herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available. The Lessee will immediately notify the Lessor or its Assignee of such occurrence. In the event of such termination, Lessee agrees to peaceably surrender possession of the Equipment to Lessor or its Assignee on the date of such termination, packed for shipment in accordance with manufacturer specifications and freight prepaid and insured to any location in the continental United States designated by Lessor. Lessor will have all legal and equitable rights and remedies to take possession of the Equipment. Non-appropriation of funds shall not constitute a default hereunder for purposes of Section 16.

6. LESSEE CERTIFICATION. Lessee represents, covenants and warrants that: (i) Lessee is a state or a duly constituted political subdivision or agency of the state of the Equipment Location; (ii) the interest portion of the Lease Payments shall be excludable from Lessor's gross income pursuant to Section 103 of the Internal Revenue Code of 1986, as it may be amended from time to time ( the "Code"); (iii) the execution, delivery and performance by the Lessee of this Lease have been duly authorized by all necessary action on the part of the Lessee; (iv) this Lease constitutes a legal, valid and binding obligation of the Lessee enforceable in accordance with its terms; (v) Lessee will comply with the information reporting requirements of Section 149(e) of the Internal Revenue Code of 1986 (the "Code"), and such compliance shall include but not be limited to the execution of information statements requested by Lessor; (vi) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow, the Lease to be an arbitrage bond within the meaning of Section 148(a) of the Code; (vii) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow, this Lease to be a private activity bond within the meaning of Section 141(a) of the Code; (viii) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow, the interest portion of the Lease Payment to be or become includible in gross income for Federal income taxation purposes under the Code; and (ix) Lessee will be the only entity to own, use and operate the Equipment during the Lease Term.

Lessee represents, covenants and warrants that: (i) it will do or cause to be done all things necessary to preserve and keep the Lease in full force and effect, (ii) it has complied with all laws relative to public bidding where necessary, and (iii) it has sufficient appropriations or other funds available to pay all amounts due hereunder for the current fiscal period.

If Lessee breaches the covenant contained in this Section, the interest component of Lease Payments may become includible in gross income of the owner or owners thereof for federal income tax purposes. In such event, notwithstanding anything to the contrary contained in Section 11 of this Agreement, Lessee agrees to pay promptly after any such determination of taxability and on each Lease Payment date thereafter to Lessor an additional amount determined by Lessor to compensate such owner or owners for the loss of such excludibility (including, without limitation, compensation relating to interest expense, penalties or additions to tax), which determination shall be conclusive (absent manifest error). Notwithstanding anything herein to the contrary, any additional amount payable by Lessee pursuant to this Section 6 shall be payable solely from Legally Available Funds.

It is Lessor’s and Lessee’s intention that this Agreement not constitute a “true” lease for federal income tax purposes and, therefore, it is Lessor’s and Lessee’s intention that Lessee be considered the owner of the Equipment for federal income tax purposes.

7. TITLE TO EQUIPMENT; SECURITY INTEREST. Upon shipment of the Equipment to Lessee hereunder, title to the Equipment will vest in Lessee subject to any applicable license; provided, however, that (i) in the event of termination of this Lease by Lessee pursuant to Section 5 hereof; (ii) upon the occurrence of an Event of Default hereunder, and as long as such Event of Default is continuing; or (iii) in the event that the purchase option has not been exercised prior to the Expiration Date, title will immediately vest in Lessor or its Assignee, and Lessee shall immediately discontinue use of the Equipment, remove the Equipment from Lessee’s computers and other electronic devices and deliver the Equipment to Lessor or its Assignee. In order to secure all of its obligations hereunder, Lessee hereby (i) grants to Lessor a first and prior security interest in any and all right, title and interest of Lessee in the Equipment and in all additions, attachments, accessions, and substitutions thereto, and on any proceeds therefrom; (ii) agrees that this Lease may be filed as a financing statement evidencing such security interest; and (iii) agrees to execute and deliver all financing statements, certificates of title and other instruments necessary or appropriate to evidence such security interest.

8. USE; REPAIRS. Lessee will use the Equipment in a careful manner for the use contemplated by the manufacturer of the Equipment and shall comply with all laws, ordinances, insurance policies, the Contract, any licensing or other agreement, and regulations relating to, and will pay all costs, claims, damages, fees and charges arising out of the possession, use or maintenance of the Equipment.

Lessee, at its expense will keep the Equipment in good repair and furnish and/or install all parts, mechanisms, updates, upgrades and devices required therefor.

9. ALTERATIONS. Lessee will not make any alterations, additions or improvements to the Equipment without Lessor's prior written consent unless such alterations, additions or improvements may be readily removed without damage to the Equipment.

10. LOCATION; INSPECTION. The Equipment will not be removed from, [or if the Equipment consists of rolling stock, its permanent base will not be changed from] the Equipment Location without Lessor's prior written consent which will not be unreasonably withheld. Lessor will be entitled to enter upon the Equipment Location or elsewhere during reasonable business hours to inspect the Equipment or observe its use and operation.

11. LIENS AND TAXES. Lessee shall keep the Equipment free and clear of all levies, liens and encumbrances except those created under this Lease. Lessee shall pay, when due, all charges and taxes (local, state and federal) which may now or hereafter be imposed upon the ownership, licensing, leasing, rental, sale, purchase, possession or use of the Equipment, excluding however, all taxes on or 15.41 measured by Lessor's income. If Lessee fails to pay said charges and taxes when due, Lessor shall have the right, but shall not be obligated, to pay said charges and taxes. If Lessor pays any charges or taxes, Lessee shall reimburse Lessor therefor within ten days of written demand.

12. RISK OF LOSS: DAMAGE; DESTRUCTION. Lessee assumes all risk of loss or damage to the Equipment from any cause whatsoever, and no such loss of or damage to the Equipment nor defect therein nor unfitness or obsolescence thereof shall relieve Lessee of the obligation to make Lease Payments or to perform any other obligation under this Lease. In the event of damage to any item of Equipment, Lessee will immediately place the same in good repair with the proceeds of any insurance recovery applied to the cost of such repair. If Lessor determines that any item of Equipment is lost, stolen, destroyed or damaged beyond repair (an “Event of Loss”) , Lessee at the option of Lessor will: either (a) replace the same with like equipment in good repair; or (b) on the next Lease Payment date, pay Lessor the sum of : (i) all amounts then owed by Lessee to Lessor under this Lease, including the Lease payment due on such date; and (ii) an amount equal to all remaining Lease Payments to be paid during the Lease Term as set forth in Schedule B.

In the event that Lessee is obligated to make such payment with respect to less than all of the Equipment, Lessor will provide Lessee with the pro rata amount of the Lease Payment and the Balance Payment (as set forth in Schedule B) to be made by Lessee with respect to that part of the Equipment which has suffered the Event of Loss.

13. INSURANCE. Lessee will, at its expense, maintain at all times during the Lease Term, fire and extended coverage, public liability and property damage insurance with respect to the Equipment in such amounts, covering such risks, and with such insurers as shall be satisfactory to Lessor, or, with Lessor's prior written consent, Lessee may self-insure against any or all such risks. All insurance covering loss of or damage to the Equipment shall be carried in an amount no less than the amount of the then applicable Balance Payment with respect to such Equipment. The initial amount of insurance required is set forth in Schedule B. Each insurance policy will name Lessee as an insured and Lessor or it’s Assigns as an additional insured, and will contain a clause requiring the insurer to give Lessor at least thirty (30) days prior written notice of any alteration in the terms of such policy or the cancellation thereof. The proceeds of any such policies will be payable to Lessee and Lessor or it’s Assigns as their interests may appear. Upon acceptance of the Equipment and upon each insurance renewal date, Lessee will deliver to Lessor a certificate evidencing such insurance. In the event that Lessee has been permitted to self-insure, Lessee will furnish Lessor with a letter or certificate to such effect. In the event of any loss, damage, injury or accident involving the Equipment, Lessee will promptly provide Lessor with written notice thereof and make available to Lessor all information and documentation relating thereto.

14. INDEMNIFICATION. Lessee shall, to the extent permitted by law, indemnify Lessor against, and hold Lessor harmless from, any and all claims, actions, proceedings, expenses, damages or liabilities, including attorneys' fees and court costs, arising in connection with the Equipment, including, but not limited to, its selection, purchase, delivery, licensing, possession, use, operation, rejection, or return and the recovery of claims under insurance policies thereon.

15. ASSIGNMENT. Without Lessor's prior written consent, Lessee will not either (i) assign, transfer, pledge, hypothecate, grant any security interest in or otherwise dispose of this Lease or the Equipment or any interest in this Lease or the Equipment or; (ii) sublet or lend the Equipment or permit it to be used by anyone other than Lessee or Lessee's employees. Lessor may assign its rights, title and interest in and to this Lease, the Equipment and any documents executed with respect to this Lease and/or grant or assign a security interest in this Lease and the Equipment, in whole or in part. Any such assignees shall have all of the rights of Lessor under this Lease. Subject to the foregoing, this Lease inures to the benefit of and is binding upon the heirs, executors, administrators, successors and assigns of the parties hereto.

Lessee covenants and agrees not to assert against the Assignee any claims or defenses by way of abatement, setoff, counterclaim, recoupment or the like which Lessee may have against Lessor. No assignment or reassignment of any Lessor's right, title or interest in this Lease or the Equipment shall be effective unless and until Lessee shall have received a notice of assignment, disclosing the name and address of each such assignee; provided, however, that if such assignment is made to a bank or trust company as paying or escrow agent for holders of certificates of participation in the Lease, it shall thereafter be sufficient that a copy of the agency agreement shall have been deposited with Lessee until Lessee shall have been advised that such agency agreement is no longer in effect. During the Lease Term Lessee shall keep a complete and accurate record of all such assignments in form necessary to comply with Section 149(a) of the Code, and the regulations, proposed or existing, from time to time promulgated thereunder. No further action will be required by Lessor or by Lessee to evidence the assignment, but Lessee will acknowledge such assignments in writing if so requested.

After notice of such assignment, Lessee shall name the Assignee as additional insured and loss payee in any insurance policies obtained or in force. Any Assignee of Lessor may reassign this Lease and its interest in the Equipment and the Lease Payments to any other person who, thereupon, shall be deemed to be Lessor's Assignee hereunder.

16. EVENT OF DEFAULT. The term "Event of Default", as used herein, means the occurrence of any one or more of the following events: (i) Lessee fails to make any Lease Payment (or any other payment) as it becomes due in accordance with the terms of the Lease when funds have been appropriated sufficient for such purpose, and any such failure continues for ten (10) days after the due date thereof; (ii) Lessee fails to perform or observe any other covenant, condition, or agreement to be performed or observed by it hereunder and such failure is not cured within twenty (20) days after written notice thereof by Lessor; (iii) the discovery by Lessor that any statement, representation, or warranty made by Lessee in this Lease or in writing delivered by Lessee pursuant hereto or in connection herewith is false, misleading or erroneous in any material respect; (iv) proceedings under any bankruptcy, insolvency, reorganization or similar legislation shall be instituted against or by Lessee, or a receiver or similar officer shall be appointed for Lessee or any of its property, and such proceedings or appointments shall not be vacated, or fully stayed, within twenty (20) days after the institution or occurrence thereof; or (v) an attachment, levy or execution is threatened or levied upon or against the Equipment.

15.42 17. REMEDIES. Upon the occurrence of an Event of Default, and as long as such Event of Default is continuing, Lessor may, at its option, exercise any one or more of the following remedies: (i) by written notice to Lessee, declare all amounts then due under the Lease, and all remaining Lease Payments due during the fiscal period in effect when the default occurs to be immediately due and payable, whereupon the same shall become immediately due and payable; (ii) by written notice to Lessee, request Lessee to (and Lessee agrees that it will), at Lessee's expense, promptly discontinue use of the Equipment, remove the Equipment from all of Lessee’s computers and electronic devices, return the Equipment to Lessor in the manner set forth in Section 5 hereof, or Lessor, at its option, may enter upon the premises where the Equipment is located and take immediate possession of and remove the same; (iii) sell or lease the Equipment or sublease it for the account of Lessee, holding Lessee liable for all Lease Payments and other amounts due prior to the effective date of such selling, leasing or subleasing and for the difference between the purchase price, rental and other amounts paid by the purchaser, Lessee or sublessee pursuant to such sale, lease or sublease and the amounts payable by Lessee hereunder; (iv) promptly return the Equipment to Lessor in the manner set forth in Section 5 hereof; and (v) exercise any other right, remedy or privilege which may be available to it under applicable laws of the state of the Equipment Location or any other applicable law or proceed by appropriate court action to enforce the terms of the Lease or to recover damages for the breach of this Lease or to rescind this Lease as to any or all of the Equipment. In addition, Lessee will remain liable for all covenants and indemnities under this Lease and for all legal fees and other costs and expenses, including court costs, incurred by Lessor with respect to the enforcement of any of the remedies listed above or any other remedy available to Lessor.

18. PURCHASE OPTION. Upon thirty (30) days prior written notice from Lessee to Lessor, and provided that no Event of Default has occurred and is continuing, or no event, which with notice or lapse of time, or both could become an Event of Default, then exists, Lessee will have the right to purchase the Equipment on the Lease Payment dates set forth in Schedule B by paying to Lessor, on such date, the Lease Payment then due together with the Balance Payment amount set forth opposite such date. Upon satisfaction by Lessee of such purchase conditions, Lessor will transfer any and all of its right, title and interest in the Equipment to Lessee as is, without warranty, express or implied, except that the Equipment is free and clear of any liens created by Lessor.

19. NOTICES. All notices to be given under this Lease shall be made in writing and mailed by certified mail, return receipt requested, to the other party at its address set forth herein or at such address as the party may provide in writing from time to time. Any such notice shall be deemed to have been received five days subsequent to such mailing.

20. SECTION HEADINGS. All section headings contained herein are for the convenience of reference only and are not intended to define or limit the scope of any provision of this Lease.

21. GOVERNING LAW. This Lease shall be construed in accordance with, and governed by the laws of, the state of the Equipment Location.

22. DELIVERY OF RELATED DOCUMENTS. Lessee will execute or provide, as requested by Lessor, such other documents and information as are reasonably necessary with respect to the transaction contemplated by this Lease.

23. ENTIRE AGREEMENT; WAIVER. This Lease, together with Schedule A Equipment Lease-Purchase Agreement, Schedule B, Evidence of Insurance, Statement of Essential Use/Source of Funds, Certificate of Incumbency, Certified Lessee Resolution (if any), Information Return for Tax-Exempt Governmental Obligations and the Delivery and Acceptance Certificate and other attachments hereto, and other documents or instruments executed by Lessee and Lessor in connection herewith, constitutes the entire agreement between the parties with respect to the Lease of the Equipment, and this Lease shall not be modified, amended, altered, or changed except with the written consent of Lessee and Lessor. Any provision of the Lease found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of the Lease.

The waiver by Lessor of any breach by Lessee of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach thereof.

24. EXECUTION IN COUNTERPARTS.This Lease may be executed in several counterparts, either electronically or manually, all of which shall constitute but one and the same instrument. Lessor reserves the right to request receipt of a manually-executed counterpart from Lessee. Lessor and Lessee agree that the only original counterpart for purposes of perfection by possession shall be the original counterpart manually executed by Lessor and identified as “Original”, regardless of whether Lessee’s execution or delivery of said counterpart is done manually or electronically.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the _____ day of May, 2023.

LESSEE: LESSOR:

City of Santa Cruz MOTOROLA SOLUTIONS, INC.

By:___________________________ By:_____________________________ Printed Name:_________________________ Uygar Gazioglu
Title:__________________________ Title Treasurer

15.43 CERTIFICATE OF INCUMBENCY
I, ______________________________________ do hereby certify that I am the duly elected or (Printed Name of Secretary/Clerk )
appointed and acting Secretary or Clerk of the City of Santa Cruz, an entity duly organized and existing under the laws of the State of California that I have custody of the records of such entity, and that, as of the date hereof, the individual(s) executing this agreement is/are the duly elected or appointed officer(s) of such entity holding the office(s) below his/her/their respective name(s). I further certify that (i) the signature(s) set forth above his/her/their respective name(s) and title(s) is/are his/her/their true and authentic signature(s) and (ii) such officer(s) have the authority on behalf of such entity to enter into that certain Equipment Lease Purchase Agreement number25405, between City of Santa Cruz and Motorola Solutions, Inc. If the initial insurance requirement on Schedule B exceeds $1,000,000,attached as part of the Equipment Lease Purchase Agreement is a Certified Lessee Resolution adopted by the governing body of the entity.

IN WITNESS WHEREOF, I have executed this certificate and affixed the seal of City of Santa Cruz, hereto this ______ day of May, 2023.

By: ______________________________________
(Signature of Secretary/Clerk)

OPINION OF COUNSEL
With respect to that certain Equipment Lease-Purchase Agreement 25405 by and between Motorola Solutions, Inc. and the Lessee, I am of the opinion that: (i) the Lessee is, within the meaning of Section 103 of the Internal Revenue Code of 1986, a state or a fully constituted political subdivision or agency of the State of the Equipment Location described in Schedule A hereto; (ii) the execution, delivery and performance by the Lessee of the Lease have been duly authorized by all necessary action on the part of the Lessee, (III) the Lease constitutes a legal, valid and binding obligation of the Lessee enforceable in accordance with its terms; and (iv) Lessee has sufficient monies available to make all payments required to be paid under the Lease during the current fiscal year of the Lease, and such monies have been properly budgeted and appropriated for this purpose in accordance with State law. This opinion may be relied upon by the Lessor and any assignee of the Lessor’s rights under the Lease.
______________________________________________________________________ Attorney for City of Santa Cruz

15.44 SCHEDULE A

EQUIPMENT LEASE-PURCHASE AGREEMENT

Schedule A
Lease Number:
25405
This Equipment Schedule is hereby attached to and made a part of that certain Equipment Lease-Purchase Agreement Number 25405 ("Lease"), between Lessor and Lessee.

Lessor hereby leases to Lessee under and pursuant to the Lease, and Lessee hereby accepts and leases from Lessor under and pursuant to the Lease, subject to and upon the terms and conditions set forth in the Lease and upon the terms set forth below, the following items of Equipment QUANTITY DESCRIPTION (Manufacturer, Model, and Serial Nos.) Refer to attached Equipment List.

Equipment Location:

Initial Term: 84 Months Commencement Date: 6/1/23
First Payment Due Date: 6/1/24
7 annual payments as outlined in the attached Schedule B, plus Sales/Use Tax of $0.00, payable on the Lease Payment Dates set forth in Schedule B.

15.45 City of Santa Cruz (Schedule B 25405)
Compound Period: Monthly
Nominal Annual Rate: 5.540%

CASH FLOW DATA
Event Date Amount Number Period End Date
1 Lease 6/1/2023 725,151.67 $ 1
2 Lease Payment 6/1/2024 128,439.59 $ 7 Annual 6/1/2030 AMORTIZATION SCHEDULE - Normal Amortization, 360 Day Year Date Lease Payment Interest Principal Balance
Lease 6/1/2023 725,151.67$
1 6/1/2024 128,439.59 $ 41,209.39$ 87,230.20$ 637,921.47$ 2 6/1/2025 128,439.59 $ 36,252.22$ 92,187.37$ 545,734.10$ 3 6/1/2026 128,439.59 $ 31,013.33$ 97,426.26$ 448,307.84$ 4 6/1/2027 128,439.59 $ 25,476.73$ 102,962.86$ 345,344.98$ 5 6/1/2028 128,439.59 $ 19,625.49$ 108,814.10$ 236,530.88$ 6 6/1/2029 128,439.59 $ 13,441.73$ 114,997.86$ 121,533.02$ 7 6/1/2030 128,439.59 $ 6,906.57$ 121,533.02$ -$
Grand Totals $ 899,077.13 $ 173,925.46 725,151.67$
INITIAL INSURANCE REQUIREMENT: $725,151.67
Except as specifically provided in Section five of the Lease hereof, Lessee agrees to pay to Lessor or its assignee the Lease Payments, including the interest portion, in the amounts and dates specified in the above payment schedule.

15.46 EVIDENCE OF INSURANCE
Fire, extended coverage, public liability and property damage insurance for all of the Equipment listed on Schedule A number 25405 to that Equipment Lease Purchase Agreement number 25405 will be maintained by the City of Santa Cruz as stated in the Equipment Lease Purchase Agreement.

This insurance is provided by:
_____________________________________________________
Name of insurance provider
_____________________________________________________
Address of insurance provider
_____________________________________________________
City, State and Zip Code
_____________________________________________________
Phone number of local insurance provider
_____________________________________________________
E-mail address
In accordance with the Equipment Lease Purchase Agreement Number 25405 , City of Santa Cruz , hereby certifies that following coverage are or will be in full force and effect:

Type Amount Effective Expiration Policy
Date Date Number
Fire and Extended Coverage __________ __________ __________ _____________________ Property Damage __________ __________ __________ _____________________ Public Liability __________ __________ __________ _____________________ Certificate shall include the following:

Description: All Equipment listed on Schedule A number 25405 to that Equipment Lease Purchase Agreement number 25405.

Please include equipment cost equal to the Initial Insurance Requirement on Schedule B to Equipment Lease Purchase Agreement number 25405 and list any deductibles.

Certificate Holder:

MOTOROLA SOLUTIONS, INC. and or its assignee as additional insured and loss payee 1303 E. Algonquin Road
Schaumburg, IL 60196
If self insured, contact Motorola representative for template of self insurance letter.

15.47 STATEMENT OF ESSENTIAL USE/SOURCE OF FUNDS
To further understand the essential governmental use intended for the equipment together with an understanding of the sources from which payments will be made, please address the following questions by completing this form or by sending a separate letter:

1. What is the specific use of the equipment?

2. Why is the equipment essential to the operation of City of Santa Cruz?

3. Does the equipment replace existing equipment?
If so, why is the replacement being made?

4. Is there a specific cost justification for the new equipment? If yes, please attach outline of justification.

5. What is the expected source of funds for the payments due under the Lease for the current fiscal year and future fiscal years?

15.48 EQUIPMENT LEASE PURCHASE AGREEMENT DELIVERY AND

ACCEPTANCE CERTIFICATE
The undersigned Lessee hereby acknowledges receipt of the Equipment described below (“Equipment”) and Lessee hereby accepts the Equipment after full inspection thereof as satisfactory for all purposes of lease Schedule A to the Equipment Lease Purchase Agreement executed by Lessee and Lessor.

Equipment Lease Purchase Agreement No.: 25405 Lease Schedule A No. : 25405

EQUIPMENT INFORMATION

QUANTITY MODEL NUMBER EQUIPMENT DESCRIPTION
Equipment referenced in lease Schedule A#
25405. See Schedule A for a detailed Equipment
List.

LESSEE:

City of Santa Cruz
By: ______________________________________
Date: ____________________________________

15.49 CERTIFIED LESSEE RESOLUTION
At a duly called meeting of the Governing Body of the Lessee (as defined in the Lease 25405) held on (Enter date) May__________, 2023, the following resolution was introduced and adopted.

BE IT RESOLVED by the Governing Board of Lessee as follows:

1. Determination of Need. The Governing Body of Lessee has determined that a true and very real need exists for the acquisition of the Equipment or other personal property described in the Lease between City of Santa Cruz(Lessee) and Motorola Solutions, Inc. (Lessor).

2. Approval and Authorization. The Governing body of Lessee has determined that the Lease, substantially in the form presented to this meeting, is in the best interests of the Lessee for the acquisition of such Equipment or other personal property, and the Governing Board hereby approves the entering into of the Lease by the Lessee and hereby designates and authorizes the following person(s) referenced in the Lease to execute and deliver the Lease on Lessee’s behalf with such changes thereto as such person deems appropriate, and any related documents, including any escrow agreement, necessary to the consummation of the transactions contemplated by the Lease.

3. Adoption of Resolution. The signatures in the Lease from the designated individuals for the Governing Body of the Lessee evidence the adoption by the Governing Body of this Resolution.

15.50 Form 8038-G
(Rev. September 2018)
Department of the Treasury
Internal Revenue Service
Information Return for Tax-Exempt Governmental Bonds
▶ Under Internal Revenue Code section 149(e)
▶ See separate instructions.

Caution: If the issue price is under $100,000, use Form 8038-GC. ▶ Go to www.irs.gov/F8038G for instructions and the latest information.

OMB No. 1545-0720
Part I Reporting Authority If Amended Return, check here ▶ 1 Issuer’s name
City of Santa Cruz
2 Issuer’s employer identification number (EIN)
3a Name of person (other than issuer) with whom the IRS may communicate about this return (see instructions) 3b Telephone number of other person shown on 3a 4 Number and street (or P.O. box if mail is not delivered to street address) 155 Center Street
Room/suite 5 Report number (For IRS Use Only)
3 6 City, town, or post office, state, and ZIP code
Santa Cruz CA 95060
7 Date of issue
6/1/23
8 Name of issue
Equipment Lease-Purchase Agreement 25405
9 CUSIP number
none
10a Name and title of officer or other employee of the issuer whom the IRS may call for more information (see instructions)
10b Telephone number of officer or other
employee shown on 10a
Part II Type of Issue (enter the issue price). See the instructions and attach schedule. 11 Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Health and hospital . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Transportation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Public safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Environment (including sewage bonds) . . . . . . . . . . . . . . . . . . . . 16 Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Other. Describe ▶
19a If bonds are TANs or RANs, check only box 19a ..........................................................................▶ b If bonds are BANs, check only box 19b........................................................................................▶ 20 If bonds are in the form of a lease or installment sale, check box................................................. ▶x 11 12
13 14 725,151.67
15 16
17 18
Part III Description of Bonds. Complete for the entire issue for which this form is being filed. 21 (a) Final maturity date (b) Issue price (c) Stated redemption price at maturity
(d) Weighted
average maturity (e) Yield
6/1/30 725,151.67 n/a 7 years 5 . 5 4 %
Part IV Uses of Proceeds of Bond Issue (including underwriters’ discount) N/A 22 23
Proceeds used for accrued interest . . . . . . . . . . . . .

Issue price of entire issue (enter amount from line 21, column (b)) . . . .
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
22 23
24 25
26 27
28 Proceeds used for bond issuance costs (including underwriters’ discount) Proceeds used for credit enhancement . . . . . . . . . . . .

Proceeds allocated to reasonably required reserve or replacement fund .

Proceeds used to refund prior tax-exempt bonds. Complete Part V . . .

Proceeds used to refund prior taxable bonds. Complete Part V . . . . 24 25
26 27
28 29 Total (add lines 24 through 28) . . . . . . . . . . . . . . . . . . . . . . . 30 Nonrefunding proceeds of the issue (subtract line 29 from line 23 and enter amount here) . . . 29 30
Part V Description of Refunded Bonds. Complete this part only for refunding bonds. N/A 31 Enter the remaining weighted average maturity of the tax-exempt bonds to be refunded . . . 32 Enter the remaining weighted average maturity of the taxable bonds to be refunded . . . . 33 Enter the last date on which the refunded tax-exempt bonds will be called (MM/DD/YYYY) . . ▶
▶
▶
years
years
34 Enter the date(s) the refunded bonds were issued ▶ (MM/DD/YYYY) For Paperwork Reduction Act Notice, see separate instructions. Cat. No. 63773S Form 8038-G (Rev. 9-2018)

15.51 ▲
Form 8038-G (Rev. 9-2018) Page 2
Part VI Miscellaneous
35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) . . . . 36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (GIC). See instructions . . . . . . . . . . . . . . . . . . . . . . . . . b Enter the final maturity date of the GIC ▶ (MM/DD/YYYY) c Enter the name of the GIC provider ▶
37 Pooled financings: Enter the amount of the proceeds of this issue that are to be used to make loans to other governmental units . . . . . . . . . . . . . . . . . . . . . . . . 38a If this issue is a loan made from the proceeds of another tax-exempt issue, check box ▶ and enter the following information:
b Enter the date of the master pool bond ▶ (MM/DD/YYYY) c Enter the EIN of the issuer of the master pool bond ▶ d Enter the name of the issuer of the master pool bond ▶ 39 If the issuer has designated the issue under section 265(b)(3)(B)(i)(III) (small issuer exception), check box..........................▶ 40 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box ...................................................................▶ 41a If the issuer has identified a hedge, check here ▶ and enter the following information:
b Name of hedge provider ▶
c Type of hedge ▶
d Term of hedge ▶
42 If the issuer has superintegrated the hedge, check box........................................................................................................▶ 43 If the issuer has established written procedures to ensure that all nonqualified bonds of this issue are remediated according to the requirements under the Code and Regulations (see instructions), check box ............................................▶ 44 If the issuer has established written procedures to monitor the requirements of section 148, check box............................▶ 45a If some portion of the proceeds was used to reimburse expenditures, check here ▶ and enter the amount of reimbursement .....................................................................▶ b Enter the date the official intent was adopted ▶ (MM/DD/YYYY) Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge Signature
and
Consent
and belief, they are true, correct, and complete. I further declare that I consent to the IRS’s disclosure of the issuer’s return information, as necessary to process this return, to the person that I have authorized above.

Signature of Authorized Representative Date
Title
Signature of
issuer’s authorized representative paid preparer Date Type or print name and title __________________________________________________________ ___________________ ________________________________ 35 36a
37 ▲

15.52 CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16

15.53 CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16

15.54 CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16
Date

15.55 CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16

15.56 CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16

15.57 REV001
Line # Item Number Description Quantity Unit List Price Ext. List Price Discount % Discount $ Unit Sale Price Ext. Sale Price APC Parametric Data APX™ 6000 Series
1 H98KGF9PW6BN APX6000 VHF MHZ MODEL 2.5 PORTABLE. 120 $3,595.00 $431,400.00 27.00% $970.65 $2,624.35 $314,922.00 0481 1a H869BZ ENH: MULTIKEY. 120 $363.00 $43,560.00 27.00% $98.01 $264.99 $31,798.80 0481 1b QA05570AA ALT: LI-ION IMPRES 2 IP68 3400 MAH. 120 $115.50 $13,860.00 27.00% $31.18 $84.32 $10,118.40 0481 1c Q887AU ADD: 5Y ESSENTIAL SERVICE. 120 $306.00 $36,720.00 0.00% $0.00 $306.00 $36,720.00 0185 1d QA09007AA
ADD: OUT OF THE BOX WIFI
PROVISIONING. 120 $0.00 $0.00 0.00% $0.00 $0.00 $0.00 0481 1e QA09001AB ADD: WIFI CAPABILITY. 120 $330.00 $39,600.00 27.00% $89.10 $240.90 $28,908.00 0481 1f H35BU ADD: CONVENTIONAL OPERATION. 120 $550.00 $66,000.00 27.00% $148.50 $401.50 $48,180.00 0481 1g Q806BM ADD: ASTRO DIGITAL CAI OPERATION. 120 $567.00 $68,040.00 27.00% $153.09 $413.91 $49,669.20 0481 1h Q629AK ENH: AES ENCRYPTION AND ADP. 120 $523.00 $62,760.00 27.00% $141.21 $381.79 $45,814.80 0481 2 PMNN4486A BATT IMPRES 2 LIION R IP67 3400T. 120 $188.27 $22,592.40 20.01% $37.67 $150.60 $18,072.00 0453 Standalone Items
3 NNTN8860A
CHARGER, SINGLE-UNIT, IMPRES 2, 3A,
115VAC, US/NA. 120 $169.56 $20,347.20 20.01% $33.93 $135.63 $16,275.60 0785 4 NNTN8844A
CHARGER, MULTI-UNIT, IMPRES 2, 6-DISP,
NA/LA-PLUG, ACC USB CHGR. 4 $1,420.20 $5,680.80 20.01% $284.18 $1,136.02 $4,544.08 0785 Standalone Items
5 PMMN4136B
XVP830 REMOTE SPEAKER MICROPHONE
NO CHANNEL KNOB. 120 $486.00 $58,320.00 20.01% $97.25 $388.75 $46,650.00 0372 Standalone Items
6 PMLN8120A
RX ONLY XL CLEAR TUBE EARPIECE, 3.5MM
JACK. 120 $75.60 $9,072.00 20.01% $15.13 $60.47 $7,256.40 0742 Net Total $658,929.28
Estimated Tax $60,950.96
Estimated Freight $5,271.43
Grand Total $725,151.67
Terms and Conditions: Net 30 Days
SANTA CRUZ CA, 95060 Contract Name: 36273 - SOURCEWELL [email protected] 408-640-9861
Customer: SANTA CRUZ POLICE DEPT, CITY OF Currency: USD Contact Name: Lt. Gregory Crofts
CONTRACT Number 042021-MOT
SANTA CRUZ POLICE DEPT, CITY OF Quote Date: 2023-04-17 Jim Trevino 155 CENTER ST Expiration Date: 2023-06-16 Motorola Manufacture Representative Quote Number: QUOTE-2131449
Billing Address: Quote Created By:

15.58 October 2013 INTERNAL USE ONLY
XTS 2500 Models

INTENT-TO-CANCEL NOTICE

OVERVIEW
The purpose of this notification is to inform ASTRO 25 Subscriber Owners of a Cancellation of the XTS 2500 radio models on November 30, 2014. It is recommended that last time purchases be considered at this time to cover anticipated or planned customer expansion and lifetime spare units.

XTS 2500 Last Order Entry: October 31, 2014
All XTS 2500 ECAT (Electronic Price Pages) will be pulled from visibility no later than the second week of November 2014.

XTS 2500 Last Customer Scheduled Ship Date: November 30, 2014 (Schaumburg factory (SCOG))
No customer ship dates will be scheduled after this date.

XTS 2500 Last Field Service 5 years Support to conclude: December 31, 2019

MODELS/ OPTIONS CANCELLATION ROLLOUT
Listed below are the XTS 2500 models (Cancellation Includes “AN, BN, ISR and Rugged” Models) - Radio Model Frequency Watt Description APC
H46KDC9PW5_N VHF (136-174) 1-5 Watt XTS2500 MDL I PORTABLE VHF 407 H46KDD9PW5_N VHF (136-174) 1-5 Watt XTS2500 MODEL 1.5 PORTABLE VHF 407 H46KDF9PW6_N VHF (136-174) 1-5 Watt XTS2500 MDL II PORTABLE VHF 407 H46KDH9PW7_N VHF (136-174) 1-5 Watt XTS2500 MDL III PORTABLE VHF 407 H46QDC9PW5_N UHFR1 (380-470) 1-5 Watt XTS2500 MDL I PORTABLE UHFR1 407 H46QDD9PW5_N UHFR1 (380-470) 1-5 Watt XTS2500 MODEL 1.5 UHFR1 407 H46QDF9PW6_N UHFR1 (380-470) 1-5 Watt XTS2500 MDL II PORTABLE UHFR1 407 H46QDH9PW7_N UHFR1 (380-470) 1-5 Watt XTS2500 MDL III PORTABLE UHFR1 407 H46SDC9PW5_N UHFR2 (450-520) 1-5 Watt XTS2500 MDL I PORTABLE UHFR2 407 H46SDD9PW5_N UHFR2 (450-520) 1-5 Watt XTS2500 MODEL 1.5 UHFR2 407 H46SDF9PW6_N UHFR2 (450-520) 1-5 Watt XTS2500 MDL II PORTABLE UHFR2 407 H46SDH9PW7_N UHFR2 (450-520) 1-5 Watt XTS2500 MDL III PORTABLE UHFR2 407 H46UCC9PW5_N 7/8 (764-870) 1-3 Watt XTS2500 MDL I PORTABLE 700/800 205 H46UCD9PW2_N 7/8 (764-870) 1-3 Watt XTS2500RB MDL 1.5 PORTABLE 700/800 270 H46UCD9PW5_N 7/8 (764-870) 1-3 Watt XTS2500 MODEL 1.5 PORTABLE 7/800 205 H46UCF9PW2_N 7/8 (764-870) 1-3 Watt XTS2500RB MDL II PORTABLE 700/800 270 H46UCF9PW6_N 7/8 (764-870) 1-3 Watt XTS2500 MDL II PORTABLE 700/800 205 H46UCH9PW2_N 7/8 (764-870) 1-3 Watt XTS2500RB MDL III PORTABLE 700/800 270

15.59 October 2013 INTERNAL USE ONLY
H46UCH9PW7_N 7/8 (764-870) 1-3 Watt XTS2500 MDL III PORTABLE 700/800 205 H46WCD9PW5_N 900 (896-941) 1-2.5 Watt XTS2500 MODEL 1.5 PORTABLE 900MHZ 205 H46WCH9PW7_N 900 (896-941) 1-2.5 Watt XTS2500 MODEL III PORTABLE 900MHZ 205 Note: There is no dedicated accessory APC for this product, or Government Services Administration (GSA) requirements. There are no accessories being cancelled with this Intent to Cancel.

SUGGESTED REPLACEMENT PRODUCTS
The APX 6000/APX 60000XE/APX 6000Li will replace the XTS 2500 and is currently available for order. The APX 6000/APX 6000XE/APX 6000 Li is a smart investment delivering leading edge technology in a lightweight design. Ideal for agencies requiring advanced features in a single band radio. Another alternative replacement solution to the XTS 2500 is the APX 4000. The APX 4000 is currently available for order and the two-knob version will be available for order in Dec 2014. The APX 4000 is a durable and compact product with basic features in an easy to use design. It is ideal for agencies requiring a budget friendly P25 solution.

Please visit InSite - ASTRO 25 Subscriber at a Glance Brochure to learn more about the APX 6000/6000XE/6000Li/4000products. https://insite.motorolasolutions.com/viewcontent.asp?qv=1&docid=16053 Listed below are the APX 6000/APX 6000XE/APX 6000Li models - Radio Model Frequency Watt Description APC
H98KGD9PW5AN VHF (136-174) 1-6 Watt APX 6000 MODEL I PORTABLE 481 H98KGF9PW6AN VHF (136-174) 1-6 Watt APX 6000 MODEL II PORTABLE 481 H98KGH9PW7AN VHF (136-174) 1-6 Watt APX 6000 MODEL III PORTABLE 481 H98QDD9PW5AN UHFR1 (380-470) 1-5 Watt APX 6000 MODEL I PORTABLE 481 H98QDF9PW6AN UHFR1 (380-470) 1-5 Watt APX 6000 MODEL II PORTABLE 481 H98QDH9PW7AN UHFR1 (380-470) 1-5 Watt APX 6000 MODEL III PORTABLE 481 H98SDD9PW5AN UHFR2 (450-520) 1-5 Watt APX 6000 MODEL I PORTABLE 481 H98SDF9PW6AN UHFR2 (450-520) 1-5 Watt APX 6000 MODEL II PORTABLE 481 H98SDH9PW7AN UHFR2 (450-520) 1-5 Watt APX 6000 MODEL III PORTABLE 481 H98UCD9PW5AN 7/8 (764-870) 1-3 Watt APX 6000 MODEL I PORTABLE 481 H98UCF9PW6AN 7/8 (764-870) 1-3 Watt APX 6000 MODEL II PORTABLE 481 H98UCH9PW7AN 7/8 (764-870) 1-3 Watt APX 6000 MODEL III PORTABLE 481 Listed below are the APX 4000models –
Radio Model Frequency Watt Description APC
H51UCF9PW6AN 7/8 (764-870) 1-3 Watt APX 4000 MODEL II PORTABLE 426 H51UCH9PW7AN 7/8 (764-870) 1-3 Watt APX 4000 MODEL III PORTABLE 426 H51KDF9PW6AN VHF (136-174) 1-6 Watt APX 4000 MODEL II PORTABLE 426 H51KDH9PW7AN VHF (136-174) 1-6 Watt APX 4000 MODEL III PORTABLE 426 H51QDF9PW6AN UHFR1 (380-470) 1-5 Watt APX 4000 MODEL II PORTABLE 426 H51QDH9PW7AN UHFR1 (380-470) 1-5 Watt APX 4000 MODEL III PORTABLE 426 H51SDF9PW6AN UHFR2 (450-520) 1-5 Watt APX 4000 MODEL II PORTABLE 426 H51SDH9PW7AN UHFR2 (450-520) 1-5 Watt APX 4000 MODEL III PORTABLE 426

15.60 October 2013 INTERNAL USE ONLY
H51WCF9PW6AN 900 (896-941) 1-2.5 Watt APX 4000 MODEL II PORTABLE 426 H51WCH9PW7AN 900 (896-941) 1-2.5 Watt APX 4000 MODEL III PORTABLE 426

SERVICE IMPLICATIONS OF CANCELLATION
Aftermarket Product support will be available for XTS 2500 radios via commercially reasonable efforts up to 12/31/2019 through Customer Fulfillment Centers (CFC).

CONTACT INFORMATION
If you have specific questions regarding this notification, please contact - Territory Contact Phone E-mail
Federal Manager John Ruddy 954-723-3813 [email protected] T1 - Canada Patricia Capparelli 954-723-6678 [email protected] 2 & 3 Jeff Ashton 954-723-3809 [email protected] 4 Renata Sardenberg 954-723-4072 [email protected] 5 Dane Windsor 954-723-3449 [email protected] 6 & 7 Michael Costa 954-723-8767 [email protected] 8 Ray Melendez 954-723-3970 [email protected] Large Projects Dax Lopez 954-723-8933 [email protected] State & Local Manager Janelle Lopez 954-723-8184 [email protected] Motorola Solutions Customer Fulfillment Center
In the US and Canada, call 1-800-422-4210
In Latin America, Asia, Middle East, and Europe, call 1-847-538-8023 Federal Inquiries, call 1-800-826-1913

15.61 City Council

AGENDA REPORT
DATE: 05/10/2023
AGENDA OF: 05/23/2023
DEPARTMENT: Public Works
SUBJECT: Housing Matters Hygiene Bay Remodel Project (c102205) – Notice of Completion (PW)
RECOMMENDATION: Motion to accept the work of Selden & Son (Watsonville, CA) and authorize the filing of the Notice of Completion for the Housing Matters Hygiene Bay Remodel Project (c102205).

BACKGROUND: At its February 8, 2022 meeting, the City Council approved the authorization to advertise this project and authorized the City Manager to execute the contract.

On June 30, 2022, the project was awarded to the lowest responsive and responsible bidder, Selden & Son. Construction began on August 4, 2022.

The project encompassed two floors. The ground floor work included the installation of new walls, moisture barriers, doors, partitions, and fixtures to accommodate six showers, five toilets, and eight sinks in the shower and bathroom area. A new boiler and new plumbing were installed as part of the project. A new reception desk, cabinets, and twelve lockers were also installed for the new reception area at the entryway.

New electrical was installed to accommodate the new boiler and new HVAC system, new lighting, bottle filling station, USB outlets for the lockers and reception area, faucet sensors, and a new electrical panel. The HVAC upgrade included new ducts and exhaust fans installation.

Two storage rooms on the second floor were renovated into mechanical rooms to accommodate the new HVAC system and controls.

DISCUSSION: The Housing Matters Hygiene Bay Remodel Project is now complete. The project building permit has been finalized. The project has been inspected by staff and found to be completed in accordance with the plans and specifications.

FISCAL IMPACT: The total project cost was $1,294,159.72. This project was funded by the American Rescue Plan Act. There is no impact to the General Fund.

16.1 Prepared By:

Hoi Yu
Associate Professional
Engineer
Submitted By:

Nathan N. Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. NOTICE OF COMPLETION.DOCX

16.2 (Space above for Recorder’s use only)
This instrument is being recorded for the benefit of the City of Santa Cruz.

No recording fee is required pursuant to Government Code § 27383.

NOTICE OF COMPLETION
PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 8102 AND 9204, NOTICE IS HEREBY GIVEN THAT:

The undersigned is an authorized representative of the owner of the interest or estate stated below.

1. The Owner’s Name and Address. The Project owner is the City of Santa Cruz, a municipal corporation (the “City”).

The City’s mailing address is 809 Center Street, Santa Cruz, California 95060. The City of Santa Cruz has the following interest in the subject Property described below: City Property

2. Title of Project. The full name of the work of improvement/public works project (the “Project”) which is the subject of this Notice of Completion is: Housing Matters Hygiene Bay Remodel Project

3. Project Number: C102205

4. The Property site location description or address (the “Property”) on which the Project was constructed is located in the City of Santa Cruz, County of Santa Cruz, State of California at: 115 Coral St., Santa Cruz, CA 95060

5. Date of Completion. The Project on the Property was completed on: May 23, 2023

6. Name of Contractor. The name of the Contractor on the Project is: Selden & Son

7. Address of Contractor. The address of the Contractor on the Project is: P.O. Box 327 Watsonville, CA 95077

8. Nature of Work Performed on the Property or Materials Furnished for the City. The Project consisted of work described as: installation of new showers, toilets, fixtures, floors, moisture barriers and partitions. A new desk, cabinets and lockers were installed to create a new reception area. A new HVAC system and electrical system were also installed.

9. The filing of this Notice of Completion was authorized by the Santa Cruz City Council Minute Order on Tuesday, May 23, 2023
DATED:

Nathan Nguyen
Public Works Director, as Owner’s Authorized Agent
City of Santa Cruz
RECORDED AT THE REQUEST OF:

City of Santa Cruz, Public Works
Attn: Hoi Yu
WHEN RECORDED MAIL TO:

City Clerk’s Department
809 Center Street, Room 9
Santa Cruz, CA 95060

16.3 VERIFICATION FOR THE CITY OF SANTA CRUZ
The undersigned, being duly sworn, says:

That I am the City Manager (or his/her official designee) of the City of Santa Cruz, a municipal corporation in the State of California. I have read the attached Notice of Completion and know and understand its contents. I declare under penalty of perjury that the facts stated in the Notice of Completion are true and correct, to the best of my knowledge.

Executed on 5/23/2023, at Santa Cruz, California.

Nathan Nguyen
Public Works Director, as Owner’s Authorized Agent
City of Santa Cruz

16.4 City Council

AGENDA REPORT
DATE: 05/10/2023
AGENDA OF: 05/23/2023
DEPARTMENT: Public Works
SUBJECT: Contract Renewal with Hope Services, Inc. for the Resource Recovery Facility (PW)
RECOMMENDATION: Motion to authorize and direct the City Manager to execute renewal of an agreement in a form acceptable to the City Attorney with Hope Services, Inc., (Santa Cruz, CA) for recycling and litter control services at the City’s Resource Recovery Facility on Dimeo Lane.

BACKGROUND: For the last twenty-five years, Hope Services, Inc. a local rehabilitationtraining program has provided employment to developmentally disabled workers through an annual contract with the City of Santa Cruz (City) Resource Recovery Facility (RRF) on Dimeo Lane. Under the terms of this agreement, Hope Services workers help sort recycled materials being processed on the City’s single-stream sorting line and help to control litter in and around the RRF.

DISCUSSION: The Hope Services contract enables the City to meet its recycling and diversion objectives by providing supplementary staffing for the sorting equipment the City operates at the RRF. This enables regular City recycling staff to perform a growing list of more specialized duties, such as baler operation, oil and oil filter recycling, operation of loaders and forklifts, and packing and documenting electronic waste. This contract also provides City workers time to sort more difficult materials and reduce contaminants from recycled materials, thereby maximizing sales revenues.

RRF staff continues to work to control the windblown litter problem at the RRF. Windblown litter at the RRF is unsightly, contributes to unsanitary conditions at the site, and is a constant threat to the City’s efforts to remain good neighbors with Wilder Ranch State Park. Hope Services workers assist with picking up litter around the RRF site.

FISCAL IMPACT: The total cost for FY 2024 contract for the RRF is $250,000. Funding for this contract is included in the proposed FY 2024 Recycling Processing budget within the Refuse Fund. There is no impact to the General Fund.

17.1 Prepared By:

Eleazar Mejinez
Supervisor of Resource
Recovery
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. CONTRACT.DOC

17.2 1
Agreement Between
City of Santa Cruz
and HOPE Services for Recycling and Litter Control Services 2023-2024
This agreement is entered into this 1 day of__July__2023, by the City of Santa Cruz, a Municipal Corporation, and HOPE Services, Inc., a California non-profit Corporation whose address is 220 Lincoln Street, Santa Cruz 95060 (hereinafter referred to as "Contractor").

Recitals
WHEREAS: The City of Santa Cruz is in need of services to provide assistance processing assorted recyclable materials at the 605 Dimeo Lane Resource Recovery Facility, and supplementing the City’s litter control program, and wishes to incorporate the employment of people with disabilities.

WHEREAS: Contractor is willing to provide such services for the purposes set forth herein on the terms and conditions set forth below. In consideration of the mutual covenants herein set forth for the above named project, it is agreed to as follows:

A. DUTIES OF THE CONTRACTOR: The Contractor shall provide the following services:

1. Definitions:

Client: A HOPE Services worker that has a developmental disability or is a person that is in another referral program with the Department of Rehabilitation.

Production Worker: A person working on the recycling line that is not a client. This person could be a Substitute Job Coach or a hired non-client worker who works the same work shift as a HOPE client.

Job Coach: A person on HOPE Service’s staff that supervises HOPE clients, models work

17.3 2
behaviors, monitors clients’ interactions, insures client safety, trains clients and is normally scheduled to work on the Recycle Work Crew, sorting 50% of the time.

2. Recycle Work Crew
HOPE intends to provide a minimum of 3 clients and 1 Job Coach each day. HOPE Job Coaches are scheduled to work ½ of their time sorting on the recycling line and ½ of their time coaching clients and handling client relations.

From time to time additional HOPE Services’ clients may work on the recycle line to be assessed for job preferences and suitability for potential inclusion on the recycle line. There is no additional cost to the City for this additional work service.

Work Crew Schedule:
7 hours each day; (9:00 a.m. – 4:00 p.m.), with two (2) ten-minute breaks and one unpaid 30-minute lunch period for a total of 6.5 hours working.

Monday – Friday
Work Crew Duties will include: Separating recyclable items, general clean-up and litter control.

As dictated by the program and facility design, crewmembers may be shifted into other specific jobs that are mutually agreed upon.

Litter Control specifics:
a.) Duties will include: Patrol the approximate 1.5 miles of roads and byways of the Resource Recovery Facility to control plastic bags, litter and other refuse. Litter will be safely within HOPE workers’ reach using City of Santa Cruz provided implements. A map will be provided for our crew of the areas to be targeted. b.) The City of Santa Cruz will provide all equipment, special clothing, rain gear, safety vests, safety cones and the pick up of filled litterbags. c. Hazardous materials or objects over 30 pounds will be flagged for City of Santa Cruz handling.
d.) The City of Santa Cruz will provide safety training on litter control for HOPE Services Job Coaches and HOPE Services workers and daily direction for work start points.
e.) As dictated by the program and facility design, crewmembers may be shifted into other specific jobs upon mutual agreement.

17.4 3
B. COMPENSATION

1. Compensation to be paid to Contractor includes, and the Contractor shall be liable for, all taxes, raises, assessment and other charges levied by any government agency on, or because of, the services performed hereunder.

2. Compensation rates:

Daily Rate:
$470.00 daily rate per crew

C. All services performed shall be in compliance with all applicable laws, including, without limitations, those relating to health and safety, licensing, prevailing wages and the like.

D. In performance of the services described herein, the Contractor, its agents, officers, and employees shall be independent contractors of the City of Santa Cruz shall not be treated or considered employees of the City of Santa Cruz.

E. Contractor shall have full and exclusive liability for the payment of any and all taxes and contributions for unemployment insurance retirement benefits, life insurance, pensions, annuities and similar benefits which may now or hereafter be imposed by law with respect to persons employed by the Contractor for performance of service under this agreement.

F. GENERAL PROVISIONS:

1. Workmanship and Supervision. In performance pursuant to this Agreement, Contractor shall provide the highest quality workmanship available. All work shall be performed by personnel directly employed and supervised by the Contractor. Contractor shall provide management and technical supervision as required to implement the work.

2. Equipment and Labor. Contractor shall use and furnish, unless otherwise indicated herein, at its own expense, all labor necessary for the satisfactory performance of the work set forth in this Agreement. City of Santa Cruz to provide all recycle equipment and the following safety equipment for Contractor's recycle crew workers: gloves, earplugs, and safety eye wear. City of Santa Cruz will also provide sufficient space for lockers and a worker break area.

3. Holidays. The following days are statutory holidays on which Contractor shall not be obligated to perform any service:

17.5 4
Annual Picnic
Additionally, HOPE Services Workers will be required to work only until 11:30am on the day of the HOPE Services Annual Picnic unless other agreements are made previous to the date, which is yet to be announced.

4. Security: Contractor shall comply with the City of Santa Cruz’s regular security regulations, including but not limited to:

a. All employees of Contractor will have identification materials in the possession of the Job Coaches.

b. Contractor shall follow and modify as necessary an
Illness and Injury Prevention Program (I.I.P.P.)

G. HOLD HARMLESS: All Officers, agents, employees, subcontractors, their agents, officers, and employees who are hired by Contractor to perform pursuant to this Agreement, shall be deemed officers, agents, employees and subcontractors of Contractor. Contractor shall indemnify, defend, save, and hold harmless, the City of Santa Cruz, its officers, agents and employees from any and all law suits, damages, liability, claims or costs (including attorneys’ fees) of any nature whatsoever arising out of, or resulting from, either directly or indirectly, the performance of this Agreement to the maximum extent allowed by law.

H. INSURANCE: Contractor shall secure, maintain in full force and effect, and bear the costs of complete Workers' Compensation Insurance, in accordance with the Labor Code, for the duration of the Agreement, and shall furnish to the City of Santa Cruz, prior to the execution of the Agreement, a Certificate of Insurance which meets the requirements of the Labor Code.

Contractor shall maintain in force public liability and property damage insurance, ample in amount to cover all awards of judgments for any death, injury, loss or damage arising out of the performance of the work by Contractor.

Independence Day
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve Day
Christmas Day
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day

17.6 5
Business, Auto and Public Liability Insurance shall be in the amount of not less than One Million Dollars and No Cent ($1,000,000.00) for injuries, including accidental death, to any one person, and subject to the same limit for each person in an amount not less than One Million Dollars and No Cent ($1,000,000.00) per occurrence.

Contractor shall file with the City of Santa Cruz, prior to execution of the Agreement, a Certificate of Insurance issued by the insurance carrier certifying that the stipulated insurance policies are in effect and that thirty (30) days written notice will be given to the City of Santa Cruz prior to cancellation or reduction in coverage thereof. The City of Santa Cruz, its officers, employees, and agents shall be named as additional insureds under the policies.

The City of Santa Cruz, its agents, officers, and/or employees shall not be liable or responsible for any accident, loss or damage as a result of the work in the Agreement or costs of expense in law or equity arising out of damages to property or personal injury by reason of or in the course of performing Contractor's responsibilities under this Agreement.

The City of Santa Cruz, or any of its officers, agents, or employees, will not be responsible for any claims or law suits or equity occasioned by the failure of Contractor to comply with the provisions of this Paragraph H.

I. PAYMENT TERMS: Total compensation depends on the total number of days approved and worked and shall be paid to Contractor bi-monthly, payable on or before the fifteenth and thirtieth day of the month following the month service is performed.

Contractor shall submit all invoices per City of Santa Cruz accounts payable schedule. City of Santa Cruz agrees to pay Contractor according to the payment schedule in this contract for each day approved and worked during the term of the Agreement as total compensation for all services rendered herein. Payment for all services contained in this Agreement is for all labor services, supervision, quality assurance and performance. Contractor agrees to perform all service herein in a workmanlike manner.

J. GENERAL: No member, officer, or employee of City of Santa Cruz, during his or her tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof and Contractor agrees not to allow, permit, grant, transfer or otherwise do anything which will result in such member, officer, or employee of the City of Santa Cruz from having such interest.

K. LAW GOVERNING: This Agreement shall be governed by the laws of the State of California. Any suit brought by either party against the other arising out of the

17.7 6
performance of this Agreement shall be filed and maintained in the Superior Municipal Court for the County of Santa Cruz.

L. MODIFICATION OF AGREEMENT: This Agreement may be modified only by a written amendment signed by both parties hereto. A thirty (30) day written notice will be provided in the event of an increase or decrease in average crew number.

M. ASSIGNABILITY: Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City of Santa Cruz, and any attempt by Contractor to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.

N. ENTIRE AGREEMENT: This Agreement represents the entire understanding of the parties as to these matters, contained herein. No prior oral or written under-standing shall be of any force or effect with respect to these matters covered hereunder.

O. CIVIL RIGHTS COMPLIANCE: Contractor must be in compliance with the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967, which prohibits employment discrimination on the basis of race, color, religion, sex, national origin, or age. In addition, Contractor will not discriminate in employment on the basis of physical handicap or sexual orientation. This requirement shall apply (but not be limited) to: recruitment, employment, promotion, demotion, transfer, compensation, training and termination. Contractor should also maintain an affirmative action plan to ensure that applicants are employed and that employees are treated during employment without regard to sex their race, color, religion, sex national origin, age, physical handicap or sexual orientation. In the event of the Contractor's noncompliance with this clause, Contractor may be declared ineligible for further contracts with the City of Santa Cruz.

P. CANCELLATION: Notwithstanding any other provisions of this Agreement to the contrary, this Agreement may be terminated at any time by either party upon thirty (30) days written notice as follows:

Contractor: Regional Manager of Vocational Services
Hope Services
Heather Perez, (831) 600- 1512/Cell 650-703-6309
220 Lincoln Street
Santa Cruz, CA., 95060

17.8 7
City of Santa Cruz: Public Works Director
City of Santa Cruz
809 Center Street, Room 201
Santa Cruz. CA. 95060
Q. TERM: This Agreement shall be for the period of twelve (12) consecutive calendar months, commencing on the 1st day of July 2023 and ending on the last day of June 2024, unless otherwise terminated, as provided herein.

In Witness Whereof, the parties hereto have executed this Agreement on the date first above written in the City of Santa Cruz, California.

City of Santa Cruz: City of Santa Cruz,
809 Center Street
Santa Cruz, CA. 95060
By: _______________
Matt Huffaker
City Manager
Contractor: Hope Services, a private, non-profit
corporation
By: ________________
Hope Services’ CFO Clayton Ng
By: ________________
____________, Hope Services’ __________
Approved as to Form: __________________________ Date: _________________ Office of the City Attorney rev. 05/10/23
05/11/2023

17.9 City Council

AGENDA REPORT
DATE: 05/10/2023
AGENDA OF: 05/23/2023
DEPARTMENT: Public Works
SUBJECT: 2024 Isuzu NRR Cab Chassis with 9-yard Heil Mini Rear Loader – Award Contract (PW)
RECOMMENDATION: Motion to:
1) Award a contract for the purchase of a 2024 Isuzu NRR Cab Chassis with a 9-yard Heil Rear Loader from TEC of California (San Francisco, CA); and
2) Adopt a resolution transferring and appropriating funds in the FY 2023 budget in the amount of $165,355.40 from Public Works’ Homelessness Response Field salary savings and from the City Manager's Office Homelessness Response Action Plan, California grant project.

BACKGROUND: The Public Works Homelessness Response Field (HRF) division is responsible for the abatement of trash and debris from abandoned encampments citywide.

Currently, staff are utilizing small passenger trucks to load trash and larger household items that are dumped in the public right of way, along the levee, and open spaces. The Parking division purchased a similar mini rear loader in 2018 and this unit has been occasionally rented by HRF when it is available for use during the day. The rental agreement is not sustainable when scheduling larger cleanups since the asset is essential to Parking’s daily operations and a rental rate is paid to the Parking district for equipment usage.

The benefits of incorporating the mini rear loader into HRF’s daily operation is that it is a smaller designed garbage truck that can easily navigate the aforementioned locations and provides optimal route efficiency and productivity by increasing the volume collected, while reducing the number of trips to the Resource Recovery Facility. Additionally, the gross vehicle weight (GVW) and specifications allow for non-CDL drivers to operate this equipment. In other words, a class C driver can operate the truck instead of requiring a Class A or B license.

DISCUSSION: Section 3.08.170 of the Municipal Ordinance allows the City of Santa Cruz (City) to buy from cooperative purchasing agreements when is in the best interest of the City to do so, however, staff requested quotes from TEC of California ($165,355.40), as well as a Sourcewell contract from the National Auto Fleet Group ($169,958.42). Staff has determined that TEC of California has the lowest purchase price, and Public Works has purchased most refuse trucks from this reputable vendor.

18.1 FISCAL IMPACT: FY 2023 funds are available in General Fund activity 6105 (Homelessness Response) to fully fund the purchase of this mini rear loader.

Prepared By:

Filipina Warren
Public Works Operations
Manager
Submitted By:

Nathan Nguyen, P.E
Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. BUDGET ADJUSTMENT.PDF

2. QUOTE.PDF

18.2 City of Santa Cruz

BUDGET ADJUSTMENT REQUEST
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ACCOUNT 352-(&71$0(
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ACCOUNT 352-(&71$0(
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25EXPENDITURE ACCOUNT TITLE
NET: $

REQUESTED BY DEPARTMENT HEAD

APPROVAL

BUDGET/ACCOUNTING
5(9,(:('

FINANCE DIRECTOR

APPROVAL

CITYMANAGER

APPROVAL
5HVR

352-(&7
352-(&7
$02817
$02817
&RXQFLO$SSURYDO

TOTAL EXPENDITURE

TOTALREVENUE
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 Clear Form
2023
05/03/2023
The Public Works Homelessness Response Field (HRF) division is responsible for the abatement of trash and debris from abandoned encampments city wide. For work efficiency and to improve staff's quality of life, HRF is purchasing a 2024 Isuzu NRR Cab Chassis with a 9-yard Heil Mini Rear Loader. This 9-yard read loader includes lower gross vehicle weight (GVW) and specifications, which allow for non-CDL drivers (a class C driver can operate versus requiring a Class A or B license). 101-00-00-0000-49178 p102302-991-0-0 From CA14 Homelessness Action Plan -100,000 Encampment Response and Cleanup
101-00-00-0000-49178 From CA 14 Homelessness Action Plan 100,000 0 101-10-16-6105-57990 p102302-100-2020-0 Other capital outlay -100,000 Encampment Response and Cleanup
101-40-66-6105-57402 Vehicle equipment 165,355
101-40-66-6105-51199 Salary Savings -65,355
0 -0
Christin
a Alberti
Digitally signed by Christina Alberti
DN: cn=Christina Alberti, o=City of Santa
Cruz, ou=Public Works Operations,
[email protected], c=US
Date: 2023.05.03 13:57:06 -07'00'
Digitally signed
by Nathan
Nguyen
Nicholas
Gong
Digitally signed by
Nicholas Gong
Date: 2023.05.11
09:14:00 -07'00'
Elizabet
h Cabell
Digitally signed by Elizabeth Cabell
DN: cn=Elizabeth Cabell, o=City of Santa Cruz,
ou=Finance Department,
[email protected], c=US
Date: 2023.05.11 09:29:39 -07'00'

18.3 TEC OF CALIFORNIA, INC.
400 Cesar Chavez (800) 356-7773
San Francisco, CA 94124 (415) 822-9804 FAX
(415) 822-9800

CITY STATE ZIP CODE
PHONE Email
PLEASE ENTER MY ORDER FOR THE FOLLOWING:

TO BE DELIVERED
ON OR ABOUT SERIAL # STOCK #

MAKE OF USED VEHICLE

YEAR BODY TYPE SERIES
SERIAL #

BALANCE OWED TO

ADDRESS
AMT. GOOD UNTIL BY
Hopper Floor kit (3/16"150,000 PSI TRADE-IN ALLOWANCE

BALANCE OWED TO

CASH REFUND TO CUSTOMER

NET TRADE IN ALLOWANCE
LIENHOLDER:

FET

SALE PRICE

DOCUMENTATION FEE

TIRE TAX

SUB-TOTAL

SALES TAX

LICENSE
ACKNOWLEDGED BY:

PURCHASER DATE

ACCEPTED BY

MODEL TYPE MILEAGE

VEHICLE
WB 132" CA 110" Options: Safety Kit PTO enable Switch
Back up Alarm
2024
$ -

UNPAID CASH BALANCE
DUE ON DELIVERY $ 165,355.40

9.250%

TOTAL DOWN PAYMENT
$ 165,355.40
$ 1,568.00
$ 13,863.90
ELT $ 33.00
City of Santa Cruz

REPRESENTATIVE

STREET ADDRESS

PURCHASERS NAME
831-420-5160
809 Center Street
Santa Cruz CA 95060
$ -
DISCLAIMER OF WARRANTIES: The Seller hereby expressly disclaims all warranties. The item described in being sold on an "as-is", "where-is" basis. Seller makes no representations or warranties, express or implied, as to the quality, workmanship, design, merchantability, suitability, or fitness for any particular purpose, or any other representation or warranty whatsoever, express or implied. Seller neither assumes nor authorizes any other person to assume for it any liability in connection DISCLAIMER OF CONSEQUENTIAL DAMAGES: In the event of any civil action by Purchaser against TEC of California, Inc., arising out of this agreement, Purchaser shall not be entitled to recover any consequential damages as defined in the CALIFORNIA COMMERCIAL CODE, including but not limited to Loss of Profits and $ 149,890.50

TOTAL CASH DELIVERED PRICE
$ 149,795.00
$ -
$ 85.00

THIS CONTRACT IS SUBJECT TO ADDITIONAL PROVISIONS SET FORTH ON THE REVERSE SIDE HEREOF, THE SAME BEING INCORPORATED HEREIN BY REFERENCE. Purchaser agrees that this Order includes all of the terms and conditions. This order cancels and supercedes any prior agreement and as of the date hereof comprises the complete and exclusive statement of the terms of the agreement relating to the subject matters covered hereby, and that THIS ORDER SHALL NOT BECOME BINDING UNTIL ACCEPTED BY THE DEALER OR HIS AUTHORIZED REPRESENTATIVE. THIS SALES ORDER CAN BE TERMINATED BY SELLER AT ANY TIME AT ITS SOLE DISCRETION. Purchaser by his execution of this Order acknowledges that he has read the terms and conditions and has received a true copy of this Order. Initial _____
CASH DOWN PAYMENT/ REBATE $ -
$ 10.50
$ -

SALES ORDER
QUANTITY 1 YEAR MAKE Isuzu NRR
Heil Mini Rear Loader 9 Yard
Hopper work light kit switch on tailgate
Stabe light amber switch in cab

USED VEHICLE TRADE-IN AND/OR OTHER CREDITS
Isuzu NRR chassis 19,500 GVWR

18.4 City Council

AGENDA REPORT
DATE: 05/04/2023
AGENDA OF: 05/23/2023
DEPARTMENT: Water
SUBJECT: Water Supply Augmentation, Aquifer Storage and Recovery Beltz 9 Pilot Test, Pueblo Water Resources Professional Services Contract (WT) RECOMMENDATION: Motion to authorize the City Manager to execute an agreement in a form to be approved by the City Attorney with Pueblo Water Resources of Ventura, CA in the amount of $216,425 to conduct pilot testing of Aquifer Storage and Recovery (ASR) at Beltz Well 9 and authorizing the Water Director to execute amendments within the approved project budget.

BACKGROUND: The Water Department has been implementing the supply augmentation recommendations of the Water Supply Advisory Committee (WSAC) since early 2016. The recommended strategy was developed around the goal of delivering long-term water supply security to the City of Santa Cruz (City) water customers. Simultaneously with the evaluation and implementation of ASR, Water Department staff are evaluating the feasibility of all WSAC recommendations including water transfers and exchanges, recycled water, and desalination with regional engagement of neighboring water agencies.

Evaluation and implementation of ASR includes feasibility analyses, pilot testing, demonstration testing, and permanent facility construction. The City’s ASR program is currently focused on the Santa Cruz Mid-County Groundwater Basin (MCB), underlying the areas of Live Oak, Soquel, and City of Capitola within the City’s service area. The ASR work plan for the MCB considers first the conversation of the four existing groundwater production wells (Beltz Wells 8, 9, 10, and 12) followed by four optional new wells to be implemented over time.

Pueblo Water Resources (PWR) was part of the technical team that supported the work of the WSAC and has been providing experience-based professional services as seen below with the Council-authorized agreements.
• February 9, 2016 – Develop ASR work plan.
• April 25, 2017 – Perform groundwater modeling that included approximately 40 modeling scenarios.
• October 9, 2018 – Pilot testing at the City’s Beltz 12 water production well. • December 10, 2019 – Pilot testing at the City’s Beltz 8 water production well.

19.1 • October 26, 2021 – ASR Demonstration Study in the City’s Beltz 12 water production well. • November 9, 2021 – ASR Demonstration Study in the City’s Beltz 8 water production well. • November 15, 2022 – Year 2 of ASR Demonstration Studies in the City’s Beltz 8 and 12 water production wells.

DISCUSSION: Based on favorable results obtained from the feasibility investigation already performed for Beltz 9 and the pilot testing at Beltz 8 and Beltz 12, the Water Department is recommending that City Council authorize signing an agreement with PWR to implement a pilot test at Beltz 9 to advance the overall ASR water supply program. The data collected during the pilot testing will be used to assess the technical and economic viability of ASR at Beltz 9 and will provide the basis for the design, environmental planning, and permitting for a long-term, full-scale ASR project at the site.

Similar to the pilot tests conducted at Beltz 8 and 12, the pilot test program at Beltz 9 will consist of three repeated ASR cycles of operation and monitoring, each of larger volume and duration than the preceding cycle, so that if adverse conditions are encountered at any point the program can be adjusted accordingly.

Staff recommends continuing with the sole-source contract with PWR. PWR has ongoing work with several agencies in Santa Cruz County performing hydrogeological services and has served as a technical expert to both the Santa Margarita and Mid-County groundwater agencies. Their work with the City as well as other neighboring agencies will benefit the timely implementation of the plan and schedule recommended by the WSAC and approved by the City Council.

FISCAL IMPACT: Funds are available in the Water Department’s Capital Investment Program budget, c701609 – ASR Planning.

Prepared By:

Heidi Luckenbach
Deputy Water Director/
Engineering Manager
Submitted By:

Rosemary Menard
Water Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. PUEBLO WATER RESOURCES AGREEMENT.PDF

19.2 City of Santa Cruz Professional Services Agreement for Aquifer Storage and Recovery Pilot Test for Beltz Well 9 May 2023 Page 1

PROFESSIONAL SERVICES AGREEMENT FOR
AQUIFER STORAGE AND RECOVERY PILOT TEST FOR BELTZ WELL 9 THIS AGREEMENT for professional services is made by and between the City of Santa Cruz (“City”) and Pueblo Water Resources (“Consultant”) (each is referred to individually as a “Party” and collectively, as the “Parties”) as of _____________________, 2023 (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 agrees 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, the security and safety of the Consultant, its employees, and agents at 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 Rosemary Menard, Director of the Water 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 reserves the right to approve Consultant’s work will be the sole judge of acceptable work, provided that such approval which will not be unreasonably withheld or delayed.

19.3 City of Santa Cruz Professional Services Agreement for Aquifer Storage and Recovery Pilot Test for Beltz Well 9 May 2023 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 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 $216,425.00 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 must include: Period worked (dates), hours worked per period, rate per hour, and itemized expenses with receipts. 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 represents services provided in accordance with the terms of Agreement dated (Insert Agreement Date) and has not been previously paid."
This Agreement is contingent upon the appropriation of sufficient funding by the City for the services covered by this Agreement. If funding is reduced or deleted by the City for the services covered by this Agreement, the City has the option without penalty or liability to either terminate this Agreement or to offer an amendment to this Agreement indicating the reduced amount.

SECTION 5: TRAVEL REIMBURSEMENT POLICY
The City agrees to reimburse Consultant and Consultant’s employee(s) for only authorized travel expenses. It is expected that all travel expenses incurred by Consultant while conducting activities on behalf of the City will be at reasonable rates and that Consultant and Consultant’s employee(s) will exercise prudence in incurring these expenses. The total fees and costs of Consultant’s expenses shall not exceed the amount described in the Fee Schedule, Exhibit B.

Consultant will be reimbursed at the Per Diem rate of $150/day which includes all meals, lodging, and incidentals. Receipts are required for reimbursement.

19.4 City of Santa Cruz Professional Services Agreement for Aquifer Storage and Recovery Pilot Test for Beltz Well 9 May 2023 Page 3
Consultant will be reimbursed for vehicle use on travel days at the rate of $75/travel day. Evidence of automobile liability insurance meeting the City’s requirements must be provided. Maps showing starting point, City work location, and total miles are required for reimbursement.

Travel expenses not listed or checked above will not be reimbursed. Travel reimbursements are paid after the completion of travel. There are no travel advances.

Exceptions to any of the above requirements require advance written permission from the Director or City’s designated agent contracting with the Consultant. The City of Santa Cruz has the sole discretion to deny any Consultant proposed reimbursable expense the City has determined to be excessive or an inappropriate use of public funds.

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. If any changes or modifications to Consultant’s scope of services are proposed by City, Consultant shall, upon receipt of such written change or modification, determine the impact on both time and compensation and notify City in writing. Upon agreement between City and Consultant as to the extent of said impacts to time and compensation, an amendment to this agreement shall be prepared describing such changes. Execution of the amendment by City and Consultant shall constitute the Consultant’s notice to proceed with the changed scope.

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, 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 and signed by Consultant.

The Work Schedule for completion of the work shall be as shown upon Exhibit C. In the event that changes are ordered, the schedule for completion as stated in Exhibit A 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 unless Consultant is delayed due to causes beyond Consultant’s reasonable control. The Parties therefore agree that time is of the essence in the performance of this Agreement.

19.5 City of Santa Cruz Professional Services Agreement for Aquifer Storage and Recovery Pilot Test for Beltz Well 9 May 2023 Page 4
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 the specified 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 City and performed by Consultant 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 accordance with Section 14, paragraph 8 of this Agreement. 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 to the extent that Consultant has been found legally liable for such cost(s). 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 negligent 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 C. 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 reasonable expense, including reimbursement of reasonable 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 or the negligence or operations of any third party. Consultant’s obligation to defend shall arise regardless of any claim or assertion that Indemnitees caused or contributed to the Losses.

19.6 City of Santa Cruz Professional Services Agreement for Aquifer Storage and Recovery Pilot Test for Beltz Well 9 May 2023 Page 5
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 as part of prevailing party’s attorney’s fees as determined by a court of competent jurisdiction. 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.

SECTION 14: MISCELLANEOUS PROVISIONS

1. Project Manager Key Staff. Director reserves the right to evaluate and confer with Consultant regarding the project manager or other key staff assigned by Consultant to perform the work under this Agreement. Consultant shall replace the project manager or key staff upon Director’s request due to Director’s concern about their performance, or City shall have the right to terminate this Agreement. Otherwise, no change in assignment by the Consultant 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.

19.7 City of Santa Cruz Professional Services Agreement for Aquifer Storage and Recovery Pilot Test for Beltz Well 9 May 2023 Page 6

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 agrees to comply with conflict of interest laws 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 CA Political Reform Act, Sections 1090 and 87100 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 in accordance with this Section 8. 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 subject to Consultant’s receipt of payment of undisputed amounts for services rendered under this Agreement up to the date of completion or termination. Notwithstanding anything to the contrary in this Agreement, City agrees that the Consultant’s drafts or final documents prepared under this Agreement and all copyrights, if applicable, shall become the property of City. Under no circumstances shall the transfer of ownership of Consultant's documents be deemed a sale by Consultant, and Consultant makes no warranties, either express or implied, of merchantability and fitness for any particular purpose other than as specified in this Agreement. 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 in accordance with this Section 8 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.

19.8 City of Santa Cruz Professional Services Agreement for Aquifer Storage and Recovery Pilot Test for Beltz Well 9 May 2023 Page 7

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 reasonable expenses (including reimbursement of reasonable attorneys’ fees and costs) arising out of a claim of Consultant’s 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 The obligation to defend shall arise regardless of any claim or assertion that Indemnitees caused or contributed to the Losses.

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

19.9 City of Santa Cruz Professional Services Agreement for Aquifer Storage and Recovery Pilot Test for Beltz Well 9 May 2023 Page 8
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, 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 in effect at the time Consultant’s services are rendered under this Agreement. Consultant further agrees to comply with the covenant of good faith and fair dealing and other provisions of Santa Cruz Municipal Ordinance chapter 3.09, or otherwise Consultant may be subject to penalties including being declared an irresponsible contractor..

14. Business License Tax. Consultant agrees 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;

19.10 City of Santa Cruz Professional Services Agreement for Aquifer Storage and Recovery Pilot Test for Beltz Well 9 May 2023 Page 9
• 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; 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.

19.11 City of Santa Cruz Professional Services Agreement for Aquifer Storage and Recovery Pilot Test for Beltz Well 9 May 2023 Page 10
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, a strike, lockout or other labor difficulty, 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 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.

19.12 City of Santa Cruz Professional Services Agreement for Aquifer Storage and Recovery Pilot Test for Beltz Well 9 May 2023 Page 11

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: (a) personal delivery, in which case notice is effective upon delivery; (b) overnight courier (i.e., Federal Express) with charges prepaid or charged to the sender’s account, in which case notice is effective when delivered; (c) pre-paid certified Mail, return-receipt requested, in which case notice shall be deemed received on the date of receipt. Notices shall be addressed to recipient as follows:

To CITY:

City of Santa Cruz Water Department
Rosemary Menard, Water Director
212 Locust St, Suite A
Santa Cruz, CA 95060
[email protected]
To CONSULTANT:

Pueblo Water Resources
Robert C. Marks, Principal Hydrogeologist
4478 Market St, Suite 705
Ventura, CA 93003
[email protected]
A Party must provide written notice to the other of any change to the above information 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]

19.13 City of Santa Cruz Professional Services Agreement for Aquifer Storage and Recovery Pilot Test for Beltz Well 9 May 2023 Page 12
NOTE: *NEED 2 SIGNATURES FROM CORPORATE OFFICERS: 1) PRES/VP; AND 2)SECRETARY/CFO/ TREASURER (unless 1 person holds two officer positions in both categories (1) and (2) Approved As To Form:

By: _____________________________ Date: __________________ Office of the City Attorney

CONSULTANT
By: _____________________________ Date: __________________ Printed: ___________________________ Title: __________________ Technical Review By:

By: _____________________________ Date: __________________ Heidi R. Luckenbach, Deputy Water Director/ Engineering Manager

WATER DEPARTMENT
By: _____________________________ Date: __________________ Rosemary Menard, Water Director

19.14 City of Santa Cruz Professional Services Agreement for Aquifer Storage and Recovery Pilot Test for Beltz Well 9 November 2022
EXHIBIT A: SCOPE OF WORK & WORK SCHEDULE
[EXHIBIT ON FOLLOWING PAGE]

19.15 City of Santa Cruz Professional Services Agreement for Aquifer Storage and Recovery Pilot Test for Beltz Well 9 November 2022
EXHIBIT B: FEE SCHEDULE
[EXHIBIT ON FOLLOWING PAGE]

19.16 City of Santa Cruz Professional Services Agreement for Aquifer Storage and Recovery Pilot Test for Beltz Well 9 November 2022
EXHIBIT C: INSURANCE REQUIREMENTS
[EXHIBIT ON FOLLOWING PAGE]

19.17 City of Santa Cruz Professional Services Agreement for Aquifer Storage and Recovery Pilot Test for Beltz Well 9 November 2022
EXHIBIT C: INSURANCE REQUIREMENTS
Consultant shall procure and maintain insurance against claims for injuries to persons or damages to property and otherwise which may arise from or in connection with the performance of the work under this Agreement and the results of that work by Consultant, its 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, 1200 Pacific Ave, Suite 290, 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): $5,000,000 PER OCCURRENCE; $5,000,000 AGGREGATE Proof of coverage for $5 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.
• 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.

19.18 City of Santa Cruz Professional Services Agreement for Aquifer Storage and Recovery Pilot Test for Beltz Well 9 November 2022
• 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 Consultant has no employees, Consultant 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, agents, 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 General Liability and Automobile Liability insurance coverage will be primary and non-contributory 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
Consultant may use 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 General Liability or Automobile Liability 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.

19.19 City of Santa Cruz Professional Services Agreement for Aquifer Storage and Recovery Pilot Test for Beltz Well 9 November 2022
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.
• 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
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 CPL Policies and any 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.

19.20 City of Santa Cruz Professional Services Agreement for Aquifer Storage and Recovery Pilot Test for Beltz Well 9 November 2022
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.

19.21 PUEBLO WATER RESOURCES, INC
4478 Market Street, Suite 705 • Ventura, CA 93003 • 805.644.0470 May 1, 2023
Project No. 15-0119
City of Santa Cruz Water Department
212 Locust St., Suite C
Santa Cruz, California 95060
Attention: Ms. Leah Van Der Maaten, P.E., Associate Professional Engineer Subject: Proposal for Hydrogeologic Services; Santa Cruz ASR Project Phase 2 Feasibility Investigation - Beltz 9 ASR Pilot Test
Dear Leah:

In accordance with your request, Pueblo Water Resources, Inc. (PWR) is pleased to submit this proposal for hydrogeologic services to implement an Aquifer Storage and Recovery (ASR) pilot test program at the Santa Cruz Water Department’s (SCWD) Beltz 9 Well. The subject ASR pilot test at Beltz 9 represents further advancement of Phase 2 of the SCWD’s technical feasibility investigation of ASR in the Santa Cruz Mid-County Groundwater Basin (MGB) following the successful implementation of similar programs at the Beltz 12 and 8 wells in 2019 and 2020/2021, respectively. Presented in this proposal is a detailed scope of work, estimated costs, and a schedule to implement the subject project.

BACKGROUND
ASR is a form of managed aquifer recharge (MAR) that involves the enhanced conjunctive use of surface water and groundwater resources to “bank” water in an aquifer during times when excess surface water is available (typically wet periods) for storage and subsequent recovery of the water from the aquifer when needed (typically dry periods). ASR utilizes dualpurpose injection/recovery wells for the injection of water into aquifer storage and the subsequent recovery of the stored water by pumping. In order to feasibly implement ASR, the following five basic project components are required:

1. A supply of excess surface water for injection;

2. A system for the diversion, treatment and conveyance of water between the source and groundwater storage basin;

3. A suitable groundwater basin with available storage space;

4. ASR wells to inject and recover the stored water, and;

5. A system for the treatment and conveyance of recovered water from the ASR wells into the distribution system.

Exhibit A

19.22 Santa Cruz Water Department
ASR Project Phase 2 Feasibility Investigation – Beltz 9 ASR Pilot Test May 1, 2023 (15-0119)
15-0119_SC_ASR_feasibility_ph_2_beltz_9_pro_2023-05-01.doc - 2 -
As applied to Santa Cruz, ASR would involve the diversion of “excess” winter and spring flows from North Coast sources and the San Lorenzo River (SLR), treated to potable standards at the Graham Hill Water Treatment Plant (GHWTP), then conveyed through the existing (and/or improved) water distribution system(s) to ASR wells located in the MGB and/or the Santa Margarita Groundwater Basin (SMGB). In this context, “excess” flows are those flows that exceed SCWD demands and in-stream flow requirements and are within water rights.

As a consultant to the Water Supply Advisory Committee (WSAC) Technical Team, PWR performed an initial reconnaissance-level study (Recon-Study) of the feasibility, potential yields, and costs of ASR for the SCWD. The scope of the Recon-Study was limited to evaluating readily available existing information to develop conceptual components of an ASR project for the WSAC to consider. Based on the available information, the Recon-Study findings indicated that ASR appears to be technically feasible with no obvious fatal flaws. Based on these findings, an implementation strategy for ASR was developed through the WSAC that consisted of three basic phases:
• Phase 1 – Technical Feasibility Analyses: Performance of detailed technical feasibility investigations that were beyond the scope of the Recon-Study, including the use of groundwater modeling, completion of site-specific injection capacity and geochemical interaction analyses, and development of a pilot ASR testing program. • Phase 2 – ASR Pilot Testing: Performance of a pilot ASR testing program and assessment of probable ASR system performance, cost and schedule to complete build-out of the ASR system.
• Phase 3 – Project Implementation: Development of full-scale ASR project basisof-design, construction of ASR system facilities (perhaps incrementally), establishment of ASR project operational parameters, and long-term operation of project to achieve target storage volumes.

The findings developed from the Phase 1 investigation have been documented in taskspecific Technical Memoranda (TM)1 , the details of which will not be repeated here; however, key findings related to Beltz 9 are summarized below:
1 Pueblo Water Resources, Inc. (November 2016), Task 1.1 Existing Wells Screening, Technical Memorandum prepared for Santa Cruz Water Department.

Pueblo Water Resources, Inc. (May 2017), Task 1.2 Site-Specific Injection Capacity Analysis, Technical Memorandum prepared for Santa Cruz Water Department.

Pueblo Water Resources, Inc. (November 2020), Geochemical Interaction Analysis (Task 1.3), Technical Memorandum prepared for Santa Cruz Water Department.

19.23 Santa Cruz Water Department
ASR Project Phase 2 Feasibility Investigation – Beltz 9 ASR Pilot Test May 1, 2023 (15-0119)
15-0119_SC_ASR_feasibility_ph_2_beltz_9_pro_2023-05-01.doc - 3 -
• Task 1.1 – Existing Well Screening identified SCWD’s Beltz 9 well as a suitable existing well for conducting ASR pilot testing of the A Unit of the western Purisima Aquifer system of the MGB.
• Task 1.2 – Site-Specific Injection Capacity Analysis resulted in an estimated injection capacity for Beltz 9 of approximately 330 gallons per minute (gpm), equivalent to approximately 0.475 million gallons per day (mgd). • Task 1.3 – Geochemical Interaction Analysis indicated that there is limited potential for adverse geochemical reactions as a result of injecting treated SLR water into the A Unit of the Purisima Aquifer (assuming GHWTP pH is maintained at less than 7.6); additionally, the potential for beneficial reduction of manganese concentrations in the recovered waters (relative to native groundwater) was identified and will be investigated further during the ASR pilot test program.

An ASR pilot test Work Plan2 for Beltz 9 has been prepared, which included detailed descriptions of the following tasks:
• Permitting Requirements
• Site Preparation Details
• ASR Pilot Test Program
• Sampling and Analysis Plan
• Preliminary Project Schedule
Similar to the ASR pilot tests performed at Beltz 12 and 8, the overall objective of the Phase 2 pilot testing at Beltz 9 is to field verify the findings developed from Phase 1 and empirically determine site-specific hydrogeologic and water quality factors that will allow a technical and economic viability assessment of ASR technology in at this site in A Unit of the MGB. If successful, the data gathered may be used to complete CEQA documentation and Regional Water Quality Control Board (RWQCB) permitting for a permanent ASR project and provide design basis information for a permanent ASR facility.

It is important to reiterate that successful ASR program development is necessarily an iterative process – continuing to be refined in response to investigative findings and input from the SCWD (and other interested parties) and in response to more focused (or re-focused as needed) data analyses. The scope of work described in this proposal represents the next step in that process for ASR at the Beltz 9 well and will inform the development of the scope for Phase 3 – Project Implementation at ASR wells in the MGB. 2 Pueblo Water Resources, Inc. (February 2023), Santa Cruz ASR Project – ASR Pilot Test Work Plan for Beltz 9, Technical Memorandum prepared for Santa Cruz Water Department (draft).

19.24 Santa Cruz Water Department
ASR Project Phase 2 Feasibility Investigation – Beltz 9 ASR Pilot Test May 1, 2023 (15-0119)
15-0119_SC_ASR_feasibility_ph_2_beltz_9_pro_2023-05-01.doc - 4 -

PURPOSE AND SCOPE
The proposed scope of work essentially consists of implementing the ASR pilot test Work Plan that has been developed for Beltz 9. The primary purpose of the Beltz 9 ASR pilot test program is to field demonstrate the potential application of ASR in the A Unit of the Purisima Aquifer system in the MGB at the site. The data will be used to assess both the economic and logistical viability of ASR and will provide the basis for the design, environmental planning, and permitting for a long-term full-scale ASR project in the area. Primary issues to be investigated in the ASR pilot test include the following:
• Determination of well efficiency and specific capacity and injectivity • Evaluation of injection well plugging rates (both active and residual) • Determination of optimal rates, frequency, and duration of backflushing to maintain injection capacity
• Determination of long-term sustainable injection rates • Determination of local aquifer response to injection and extraction at Beltz 9 • Monitoring of ion exchange and redox reactions
• Evaluation of water-quality changes during aquifer storage and recovery pumping (e.g., arsenic mobilization)
• Monitoring Disinfection Byproducts (DBPs) Trihalomethanes (THM) and Haloacetic Acid (HAA) ingrowth and degradation during aquifer storage • Monitoring of recovery efficiencies (with particular emphasis on manganese concentrations)
The proposed scope of work consists of implementing the Work Plan that has been developed for the Belt 9 ASR pilot test program and includes the following main tasks:

1. Project permitting assistance

2. Development of plans, specifications and bidding assistance for a well contractor to prepare the well and site facilities for ASR testing

3. Field oversight and management of well and site facilities preparation

4. Implementation of the ASR cycle testing program

5. Data collection, analysis and reporting

6. Project management and meetings
A detailed scope of work to perform the above tasks is presented below:

Task 1 – ASR Permitting Assistance
The State Water Resources Control Board (SWRCB) has adopted general waste discharge requirements for ASR projects that inject drinking water into groundwater (Order No.

19.25 Santa Cruz Water Department
ASR Project Phase 2 Feasibility Investigation – Beltz 9 ASR Pilot Test May 1, 2023 (15-0119)
15-0119_SC_ASR_feasibility_ph_2_beltz_9_pro_2023-05-01.doc - 5 -
2012-0010-DWQ or General ASR Order). The General ASR Order provides a statewide regulatory framework for authorizing both pilot ASR testing and permanent ASR projects.

Oversight of these regulations is done through the Regional Water Quality Control Boards (RWQCBs) and obtaining coverage under the General ASR Order requires the preparation and submission of a Notice of Intent (NOI) application package to the local RWQCB (in this case, the Central Coast RWQCB).

Based on the information developed in the ASR pilot test Work Plan for Beltz 9, a Technical Report will be prepared by PWR in accordance with the application requirements of the General ASR Order and will include the following minimum components:
• Project location map
• Identification and description of target aquifers
• Pilot testing schedule
• Delineation of the Areas of Hydrologic Influence
• Identification of all land uses within the delineated Areas of Hydrologic Influence • Identification of known areas of contamination within the Areas of Hydrologic Influence
• Identification of project-specific Constituents of Concern (COCs) • CEQA compliance documentation (Categorical Exemption assumed) • Groundwater Degradation Assessment
PWR will issue a draft copy of the completed Technical Report for SCWD review and comment. PWR will incorporate SCWD comments and prepare the final Technical Report for inclusion in the NOI application package. It is assumed that SCWD staff will then prepare the complete NOI application package in accordance with the requirements of the General ASR Order and submit it to the RWQCB.

Task 2 – Plans, Specifications and Bidding Assistance for Well and Site Facilities Preparation
As presented in the Work Plan, the Beltz 9 well and site facilities will need some preparatory work performed in order to implement a successful ASR pilot test program, including the following key activities:
• Installation of an on-site monitoring well that is screened in the same section of the A Unit as Beltz 9;
• Downhole preparation of the Beltz 9 well, and;
• Installation of various temporary site improvements at the Beltz 9 facility.

PWR will develop plans and technical specifications, which will include identification of materials and methods to be utilized, logistical constraints, and schedule considerations. The

19.26 Santa Cruz Water Department
ASR Project Phase 2 Feasibility Investigation – Beltz 9 ASR Pilot Test May 1, 2023 (15-0119)
15-0119_SC_ASR_feasibility_ph_2_beltz_9_pro_2023-05-01.doc - 6 -
technical specifications are intended to provide adequate detail for bidding by competent, licensed (C-57 / C-61) well contractors. The specifications will include the following minimum items:
• Minimum Contractor Qualifications
• Contractor Equipment Requirements
• Traffic Control Requirements
• Materials Requirements
• Well Drilling Procedures
• Well Rehabilitation / Downhole Cleaning Procedures
• Temporary Test Pump and Downhole Appurtenances Specifications • Temporary Injection Piping Specifications
• NPDES Discharge Requirements and Limitations
• Site Cleanup and Restoration
PWR will issue a draft copy of the technical specifications for SCWD review and comment. PWR will incorporate SCWD comments and provide the final technical specifications.

It is assumed that SCWD will incorporate PWR’s technical specifications with its contract "boiler plate", including general conditions and special insurance requirements, into the final contract package. It is also assumed that the SCWD will duplicate and distribute the bid packages and serve as the primary contact for response to questions from bidders.

PWR will be available to assist SCWD throughout the bidding process. This will include responding to questions Contractors may have during the preparation of bids, preparing and distributing requisite addenda, and communicating to potential bidders other pertinent information. PWR will also assist the SCWD in evaluating the received bids for conformance and responsiveness with the requirements set forth in the bid documents and will provide recommendations for bid award.

Task 3 – Field Oversight of Contractor Activities
This task will involve the coordination and field oversight of the selected contractor during monitoring well drilling, and Beltz 9 well and site preparation activities. Prior to contractor mobilization, PWR will coordinate a pre-construction meeting to introduce involved parties, establish chain-of-command and communications protocols, review the key work elements and safety procedures, and develop a schedule of the work to be performed. During project execution, PWR will coordinate weekly “tailgate” meetings with the contractor and provide email summaries of key items discussed to SCWD staff.

During the field operations, PWR will oversee and document contractor activities to ensure adherence to the project specifications. PWR will provide the SCWD with routine daily email field summaries of work performed, significant accomplishments and anticipated work to

19.27 Santa Cruz Water Department
ASR Project Phase 2 Feasibility Investigation – Beltz 9 ASR Pilot Test May 1, 2023 (15-0119)
15-0119_SC_ASR_feasibility_ph_2_beltz_9_pro_2023-05-01.doc - 7 -
be performed. PWR will also provide assistance the SCWD in reviewing contractor submittals, responding to Requests for Information (RFIs) and processing Change Order requests.

Task 4 – ASR Pilot Test Program Implementation
This task consists of implementing the ASR pilot test program for Beltz 9. The program planned for Beltz 9 is nearly identical to the programs that were recently implemented at Beltz 12 and 8, modified slightly for the specific site conditions at Beltz 9. ASR operations generally consist of three steps, which constitute an ASR “cycle”:

1. Injection of potable-quality drinking water into the aquifer;

2. Storage of the injected/recharged water within the aquifer, and;

3. Recovery of the stored water.

The structure of the ASR pilot test program includes numerous incremental steps of ASR operations to provide multiple checkpoints in the event that pilot operations deviate significantly from the predicted responses. The test program will generally involve three repeated ASR cycles of operations and monitoring, each of larger volume and duration than the preceding cycle, so that if adverse conditions are encountered at any point, the program can be adjusted, if needed.

A summary of the planned ASR cycles is presented in Table 1 below:

Table 1. Summary of ASR Cycles
ASR Storage
Cycle Period Rate Radius Period Period Rate Discharge
No. (days) (gpm) (mg) (af) (ft) (days) (days) (gpm) (mg) (af) Location 1 1 350 0.50 1.55 31 2 1 525 0.76 2.32 Creek
2 7 350 3.53 10.8 82 14 7 525 5.29 16.2 Creek
3 30 350 15.1 46.4 169 60 20 525 15.1 46.4 Distribution Total Active Duration (days): 142
Total Injection Volume (af): 58.8
Total Recovery Volume (af): 65.0
Total Volume Volume
Injection Recovery
The primary test objectives for each ASR Cycle are summarized below:

ASR Cycle 1
• Establish short-term injection hydraulics
• Monitor short-term ion exchange reactions
• Evaluate water chemistry changes during storage and recovery (e.g., arsenic mobilization)

19.28 Santa Cruz Water Department
ASR Project Phase 2 Feasibility Investigation – Beltz 9 ASR Pilot Test May 1, 2023 (15-0119)
15-0119_SC_ASR_feasibility_ph_2_beltz_9_pro_2023-05-01.doc - 8 -
ASR Cycle 2
• Measure well plugging rates (active and residual)
• Evaluate backflushing efficacy
• Monitor longer-term ion exchange reactions
• Monitor redox reactions
• Evaluate water chemistry changes during storage and recovery (e.g., arsenic mobilization
• Monitor recovery efficiency (the percentage of recharged water that is recovered during each cycle)
• Monitor DBPs during recovery
ASR Cycle 3
• Evaluate longer-term well performance and plugging rates • Monitor injected water quality stability during storage and recovery (e.g., arsenic mobilization)
• Monitor DBP ingrowth/degradation during storage
• Monitor recovery efficiency (the percentage of recharged water that is recovered during each cycle)
• Monitor DBPs during recovery
The total duration of the ASR pilot test program is anticipated to require approximately 6 months and is tentatively scheduled to begin in November 2023 (refer to the preliminary schedule presented below).

During the Beltz 9 ASR Pilot Test Program, a variety of water-level and water-quality data will be collected by PWR in accordance with the Work Plan. Water levels in the aquifer system will be monitored during all phases at the ASR pilot testing well (Beltz 9) as well as several existing, proximate monitoring wells. In addition, periodic samples of the injected, stored, and recovered waters will be collected from the Beltz 9 pilot test well and the to-beconstructed on-site monitoring well and analyzed for a variety of water-quality constituents in accordance with the Sampling and Analysis Plan (SAP) that was developed for the Work Plan.

Task 5 – Data Analysis and Reporting
The reporting task will consist of producing three types of reports; a draft Summary of Operations Report (SOR), General ASR Order quarterly and annual compliance reports for submittal to the RWQCB, and a final SOR. Detailed descriptions of each of these reports are presented below:

19.29 Santa Cruz Water Department
ASR Project Phase 2 Feasibility Investigation – Beltz 9 ASR Pilot Test May 1, 2023 (15-0119)
15-0119_SC_ASR_feasibility_ph_2_beltz_9_pro_2023-05-01.doc - 9 -
Task 5.1 – Draft Summary of Operations Report. Upon completion of the ASR pilot test program, a draft Summary of Operations Report (SOR) documenting the project procedures, testing results and data analyses will be prepared. Documentation of the monitoring well drilling, as-built completion and development will be presented as an appendix in the SOR for future reference by the SCWD. Specific ASR well and aquifer hydraulic data analysis and issues addressed in the report will include the following:
• Estimates of aquifer parameters of transmissivity, hydraulic conductivity, and storage coefficients
• Well specific capacity/injectivity ratios
• Well plugging rates (observed and normalized)
• Well backflushing efficiency and criteria
• Well interference effects on Beltz 8
• Long-term sustainable injection and extraction/recovery rates • Local aquifer water-level response to injection and extraction • Recovery efficiency
PWR will also analyze water-quality data from the ASR pilot testing program to confirm the results of the geochemical interaction analysis that was performed as part of the Phase 1 investigation. This will include evaluating water-quality changes during aquifer storage and recovery pumping, with particular emphasis on arsenic mobilization and Disinfection Byproducts (DBPs) ingrowth and degradation during aquifer storage and recovery, as well as manganese concentrations during recovery pumping.

The report will also provide specific recommendations for continued ASR operation of the facility and additional tests and procedures that may be needed to further assess ASR issues of long-term water-quality interactions, well plugging and biofouling mechanisms, and injectate recovery.

Task 5.2 - Final Summary of Operations Report. After the SCWD has reviewed the draft SOR and provides comments, PWR will prepare the final report. Five hard copies of the final report will be provided to SCWD, including a digital image copy (PDF). PWR will also transmit to SCWD all digital files of collected water-level data, water-quality data and project photographs.

Task 5.3 – ASR General ASR Permit Compliance Reporting. This task includes the preparation of the RWQCB Monitoring and Reporting Program (MRP) quarterly and annual reports required by the General ASR Permit. PWR will compile all field water-level and waterquality data, laboratory analytical reports, and flow information required by the MRP, and will prepare brief transmittal letter-reports for submittal to the RWQCB by SCWD staff.

19.30 Santa Cruz Water Department
ASR Project Phase 2 Feasibility Investigation – Beltz 9 ASR Pilot Test May 1, 2023 (15-0119)
15-0119_SC_ASR_feasibility_ph_2_beltz_9_pro_2023-05-01.doc - 10 -
Task 6 – Project Management, Meetings
This task consists of overall project management, budget and schedule tracking, invoicing, and attendance at various project-related meetings. The overall purpose is to ensure effective management of project implementation, schedule and budget. This will also include the coordination and attendance at various meetings over the course of the project to communicate progress and findings to the SCWD and other interested parties. For budgetary purposes, the following formal meetings are assumed:
• Project Kick-Off
• Periodic Coordination and Test Results Discussions with Staff • Water Commission Update
• Draft Report Review
Each meeting will be attended by one to two PWR Principal Hydrogeologists, depending on the meeting agenda.

Services Not Included
Services which are (or may be) necessary for the completion of this project, which are not included in our proposal include the following:
• Distribution system hydraulic modeling (if needed, assumed provided by others); • CEQA compliance documents (assumed provide by SCWD);
• RWQCB NOI package compilation, submittal and associated fee (assumed provided by SCWD);
• Plans, specifications and inspection for an upgraded permanent pump assembly if SCWD decides not to use a temporary test pump assembly for the ASR pilot test (assumed provided by others);
• Water-level transducers/data loggers for offsite project monitoring wells (assumed data collected by existing data loggers will be provided to PWR by SCWD);
• Monitoring well sampling pump (assumed provided by SCWD utilizing same pump used for Beltz 8 ASR pilot test);
• Water-Quality laboratory services per the SAP (assumed provided by SCWD); • Cost of SCWD staff labor and equipment to operate the facility during ASR Cycle 3 recovery period;
• Cost of water, electricity, or other utilities, and;
• Any other items not specifically included in PWR’s scope of services.

19.31 Santa Cruz Water Department
ASR Project Phase 2 Feasibility Investigation – Beltz 9 ASR Pilot Test May 1, 2023 (15-0119)
15-0119_SC_ASR_feasibility_ph_2_beltz_9_pro_2023-05-01.doc - 11 -
Estimated Fees and Schedule
Based on the scope of services presented herein, we estimate the fees for our services will be $216,424, which will be billed on a time-plus-expenses basis in accordance with our current Fee Schedule (attached). A summary breakdown of costs per task is presented in Table 2 below, and an estimated fee worksheet is also attached detailing the estimated staffhours and costs per task/work item.

Table 2. Estimated Costs Summary
Task Estimated
Costs
1 - ASR Permitting Assistance $9,050
2 - Plans, Specs and Bidding Assistance $12,650
3 - Field Oversight of Contractor Activities $54,300
4 - ASR Pilot Test Implementation $89,750
5 - Data Analysis and Reporting $32,275
6 - Project Management and Meetings $18,400
Subtotal $216,425
Contingency (0%) $ -
Total Estimated Cost $216,425
In developing our estimate of staff hours for the monitoring well drilling and site preparation phase of the project (Task 3), we have assumed that the work will be performed on a 12-hour per day / 5-day per week schedule, and that observation will be provided on a variable basis, with particular focus on the critical stages of drilling and construction. It is noted that the level of effort associated with well construction supervision can be difficult to estimate, as the time involved is often a function of Contractor competence and diligence, factors over which we have limited control under low-bid procurement procedures. Presented in Table 3 below is a summary of our assumptions for estimating our costs associated with construction and inspection based on our extensive experience with similar projects:

19.32 Santa Cruz Water Department
ASR Project Phase 2 Feasibility Investigation – Beltz 9 ASR Pilot Test May 1, 2023 (15-0119)
15-0119_SC_ASR_feasibility_ph_2_beltz_9_pro_2023-05-01.doc - 12 -
Table 3. Estimated Staff-hours During Construction Summary Task No. Task Description
Estimated
Duration
(days)
Required
Staffing
Coverage (%)
Estimated
Hours
MW Drilling
1 Mobilization 2 25% 6
2 Conductor Installation 2 75% 18
3 Pilot Hole Drilling 2 50% 12
4 Geophysical Logging 0.5 100% 6
5 Well Construction 2 100% 24
6 Well Development 2 50% 12
7 Well Enclosure 1 25% 3
0 1 Remove Existing Pump 1 50% 6
2 Pre-Rehab Video Survey 0.5 100% 6
3 Nylon Brushing 1 75% 9
4 Set Up Temp. Tanks, Piping, etc. 2 25% 6
5 Dual-Swab Airlifting 2 75% 18
6 Open-Ended Airlifting 0.5 100% 6
7 Post-Rehab Video Survey 0.5 100% 6
1 Install Test Pump & Injection Tubes 1 75% 9
2 Disinfection 1 50% 6
3 Chlorine Flushing 1 75% 9
4 Set Up Temp. Tanks, Piping, etc. 5 25% 15
5 Remove Temp. Tanks, Piping, etc 2 25% 6
6 Remove Test Pump 1 50% 6
7 Reinstall Existing Pump 1 75% 9
8 Disinfection 1 50% 6
9 Chlorine Flushing 1 50% 6
Totals 33 210
Well Rehabilitation
Temporary ASR Testing Setup
We understand that in order to authorize this work, your City Council must first approve a formal contract. Based on our current workload, we believe that we can commence work within two weeks of your authorization and an estimated project schedule is presented in Table 4 below:

Exhibit B

19.33 Santa Cruz Water Department
ASR Project Phase 2 Feasibility Investigation – Beltz 9 ASR Pilot Test May 1, 2023 (15-0119)
15-0119_SC_ASR_feasibility_ph_2_beltz_9_pro_2023-05-01.doc - 13 -
Table 4. Estimated Project Schedule
Duration
Task / Activity Time Period (months)
RWQCB NOI Technical Report Apr 2023 1
Plans and Specifications May 2023 1
Bidding and Contracting Jun 2023 - Jul 2023 2
Monitoring Well Drilling Aug 2023 1
Well Rehabilitation/Cleaning Sep 2023 1
Site Preparation Oct 2023 1
ASR Cycles Nov 2023 - Apr 2024 6
Data Analysis and Reporting May 2024 - Jun 2024 2
Total: 15
As shown, the field activities portion program is planned for an approximate 9-month duration, with an estimated total project duration of approximately 15 months.

We appreciate the opportunity to provide continued assistance to the City on this important community water-supply project. If you require additional information regarding this or other matters, please contact us.

Sincerely,
PUEBLO WATER RESOURCES, INC.

Robert C. Marks, P.G., C.Hg.

Principal Hydrogeologist
RCM
Attachments: Cost Estimation Spreadsheet
2023 Fee Schedule
Exhibit C

19.34 Phase 2 ASR Investigation - Beltz 9 ASR Pilot Test Program PWR Project No.: 15-0119

ESTIMATED FEE SUMMARY
Principal Prof. Senior Prof. Illustrator WP
Hourly Fee $230 $215 $145 $125
Task Task Description
1 ASR Permitting Assistance 30 10 40 $9,050
2 Plans, Specs and Bidding Assistance 55 55 $12,650
3 Field Coordination and Contractor Oversight 60 150 210 $46,050 4 ASR Pilot Test Program Implementation 100 200 300 $66,000 5 Data Analysis and Reporting 80 60 5 2 147 $32,275
6 Project Management and Meetings 80 80 $18,400
405 420 5 2
$93,150 $90,300 $725 $250
Total Labor Hours
Total Labor Costs
Unit No. of
Units Price Units Fee
Weekly $300 0 $0
Weekly $330 0 $0
Weekly $530 0 $0
Weekly $750 2 $1,500
Daily $75 90 $6,750
Daily $150 120 $18,000
$26,250
Unit No. of
Units Price Units Fee
Monthly $500 6 $3,000
Lump Sum $1,000 2 $2,000
$5,000
$5,750
$184,425
$26,250
$5,750
$216,425
$0
$216,425
Santa Cruz Water Department
LABOR
Water-Quality Sampling Pump
Field Water Quality Instruments
Ultrasonic Flowmeter
Vehicle
832
$184,425

EQUIPMENT AND OTHER DIRECT COSTS
Total Equipment and ODCs

OUTSIDE PRODUCTS AND SERVICES
Subtotal
Per Diem
Water-Level Transducer/Datalogger
0 % Contingency

TOTAL ESTIMATED PROJECT COST
Field Office Trailer
Estimated
Task Cost
Hours by
Task
Hours by Labor Category
Costs by Labor Category
Labor
Equipment and Other Direct Costs
Total Outside Products and Services w/ Markup (15%)
Water-Level Transducer/Datalogger
Outside Products and Services
Subtotal

COST SUMMARY
15-0119_SC_ASR_feasibility_ph_2_beltz_9_costs_draft_2023-03-31.xls

19.35 PUEBLO WATER RESOURCES, INC • 4478 Market Street, Suite 705 • Ventura, CA 93003 805.644.0470 • 805.644.0480 FAX

PUEBLO WATER RESOURCES, INC
2023 FEE SCHEDULE – CITY OF SANTA CRUZ
Professional Services
Principal Professional............................................................................$230/hr Senior Professional...............................................................................$215/hr Project Professional..............................................................................$200/hr Staff Professional.................................................................................$170/hr Technician...........................................................................................$150/hr Illustrator............................................................................................$145/hr Word Processing..................................................................................$125/hr Other Direct Charges
Subcontracted Services............................................................... Cost Plus 15% Outside Reproduction.................................................................. Cost Plus 15% Meals.............................................. State of California Meal and Incidental Rates Lodging.................................... State of California Lodging Reimbursement Rates Vehicle .......................... State of California Vehicle Mileage Reimbursement Rates Equipment Charges
Drilling Fluid Test Kit........................................................ $100/day, $400/week Field Water Quality Meter (Hach DR890) .............................. $75/day, $275/week Orion ORP/pH/Temp Probe.................................................. $75/day, $275/week Water Level Probes (In-Situ Mini-Troll/Level Troll) ................$100/day, $300/week Fuji Ultrasonic Flowmeter...................................................$200/day, $750/week

19.36 City Council

AGENDA REPORT
DATE: 05/11/2023
AGENDA OF: 05/23/2023
DEPARTMENT: Planning and Community Development
SUBJECT: Technology Surcharge (PL)
RECOMMENDATION: This item is continued to the meeting of June 13, 2023, and will not be discussed on May 23, 2023.

This item, involving a proposal to expand application of the Technology Surcharge to various permits and programs was noticed for the May 23, 2023 meeting in accordance with State Law.

Staff is still finalizing the analysis of the fees and is, therefore, requesting a continuance to the next regularly scheduled City Council meeting on June 13, 2023.

20.1 City Council

AGENDA REPORT
DATE: 05/11/2023
AGENDA OF: 05/23/2023
DEPARTMENT: Public Works/City Manager
SUBJECT: West Cliff Update, including Infrastructure, Transportation, and Roadmap Development (PW/CM)
RECOMMENDATION: Motion to:
1) Receive an update on citywide West Cliff work, including infrastructure, transportation, and the development of a roadmap for a resilient and accessible West Cliff; and 2) Kick-off community review of the in-process roadmap and provide feedback to staff.

BACKGROUND: West Cliff Drive between Columbia Road and David Way was severely damaged by large swells during the January 2023 storms, causing portions of the roadway and path to fail, along with impacts to public access points, utility infrastructure, and the surrounding neighborhood. Initial work was focused on emergency protective measures geared toward safety and access. Additionally, community interest in support of accelerated decision-making regarding management of the West Cliff area was activated.

Post-disaster, the City assembled an integrated, citywide team to holistically address the damage, including existing Public Works projects in process, and develop adjusted next steps as West Cliff is a cherished public amenity that should be accessible to all for a variety of uses.1 The
extended citywide team also included consulting and engineering partners, regulatory agencies, funders, the community, and community groups.

Work to date encompassed:
- At Council’s February 28, 2023 meeting, ratification of emergency work, authorization of next steps, and budget appropriation for funding various West Cliff components; - Emergency protective measures for temporary traffic control; - Transition of the above measures to support implementation of a one-way pilot as defined by Council on February 28th, bounded by Columbia Street, Almar Avenue, and Delaware Avenue;
- Follow-up on traffic impacts of the storm damage and one-way pilot, including design, outreach, and start of implementation for traffic calming installation on Oxford Way; 1 Project related information, related sites to link to, and community outreach information can be found at:
https://www.cityofsantacruz.com/government/city-departments/city-manager/west-cliff

21.1 - Issuing and awarding a request for proposal for a transportation engineering consulting partner;
- Infrastructure project work including furthering funding steps with the Federal Highway Administration (FHWA) and the Federal Emergency Management Agency (FEMA), and specific Bethany Curve engineering consulting regarding assessment and design of repairs;
- Partial draft of a West Cliff resiliency and accessibility roadmap that weaves historical City work with updated realities of a very dynamic coast and an imperative to adapt to ever changing circumstances; and
- Community outreach across all of the above topics (detailed below).

Community Conversations (Outreach):
- Webinar: West Cliff Update (02/13/23 - ~250 in attendance) - Webinar: Post February 28th Council Meeting Update + Traffic Calming Measures (03/30/23 - ~70 in attendance)
- In Person Open House: Traffic Calming, Revetment Projects; Roadmap Project Update; Save West Cliff Maps (04/27/23 - ~100 in attendance)
- Neighborhood / “garage” meetings:
o 2 on Oxford - ~30 people each
o 1 on Pelton - ~30 people
o 1 on Delaware (coming on 05/22/23)
- Other community outreach:
o Paradise in Peril at London Nelson Center (03/02/23)
o Museum of Natural History What's up with the Weather Storm Resource Fair (03/04/23)
o Democratic Women's Club's Community Climate Conversation at Cabrillo (03/16/23)
o Numerous media interviews
DISCUSSION:

Infrastructure
Public Works has retained a transportation engineering consultant team to assess failures along the bluff and the Bethany Curve culvert and develop repairs in order to restore the path and roadway to pre-storm conditions. At this time, instead of replacing rip-rap, construction of infill walls along 920, 932, 1016, and 1030 West Cliff (see attached “West Cliff Drive Erosion Volume Estimates”) is the preferred method of construction because they are estimated to be more cost-effective and a more robust solution that maximizes flexibility in future decisionmaking for additional coastal infrastructure.

Without extensive demolition, the full extent of the damage at Bethany Curve culvert is still unclear. But the 100-year-old structure is expected to be demolished and replaced in-kind or with a slightly elevated path and roadway to build a more resilient structure for vehicular and pedestrian access to West Cliff. The City team continues to work with FHWA and FEMA to secure emergency relief funding (see attached “West Cliff Drive Erosion Volume Estimates”).

The estimated cost of the repairs is expected to be around $17 million. Should relief funding be approved, construction could occur as early as this summer.

21.2 Transportation
West Cliff Drive between Columbia Drive and Woodrow Avenue continues to provide one-way westbound (towards Natural Bridges) vehicular traffic and a temporary on-street multi-use path outside the failed bluff sections. At Bethany Curve, the bridge is closed to vehicle traffic but allows pedestrian and bicycle access. The roadway between Almar Avenue and east of David Way is open for “local access only” as the roadway is closed at the culvert. A detour route is posted via Delaware Avenue to circumvent the culvert.

To study the conditions, identify neighborhood traffic calming treatments, and develop recommendations for the pilot, staff have retained a transportation engineering consultant and conducted neighborhood “garage” meetings to solicit public input.

An initial traffic calming installation has been identified for Oxford Way at the request of the neighborhood and as supported by collected traffic data. Vehicular volume counts conducted in February showed that approximately 2,100 cars per day were using Oxford Way, instead of the signed detour route for Delaware Ave. The adjacent parallel streets, Plateau Avenue and Alta Avenue, in contrast, experienced approximately 300 cars per day. The Public Works Transportation division identified and shared volume reduction strategies. The neighborhood selected a cul-de-sac treatment at the Bethany Curve crosswalk with a vote. The cul-de-sac will be implemented at the end of May and remain in-place for the duration of the one-way pilot.

Public engagement within the pilot area has largely focused on the diverted traffic from the oneway configuration. To date, there have been two meetings on Oxford and one meeting on Pelton, with attendance in the range of about 30 residents each. Transportation staff has an upcoming meeting scheduled with Delaware neighbors. The meetings have been organized with the neighborhood residents and have been very helpful in identifying improvements for the pilot and refining the City’s approach to neighborhood traffic calming. For future installations, staff will recommend a menu of treatments and a process for neighborhoods to request them. Staff anticipate evaluating future requests with both traffic data, and by neighborhood petition or support, and will bring needed actions to Council in a timely manner.

The transportation engineering consultant team (selected from the RFP process) is beginning their effort by evaluating travel patterns surrounding the pilot area. The effort includes reviewing historic traffic counts, collecting new traffic counts, and sourcing location-based travel data - all to provide an insight into how people traveled along West Cliff before the pilot, and what’s changed with the pilot. The data will be used to help quantify how people travel around West Cliff and in turn quantify how the one-way pilot changed travel patterns and provide better insights into how to mitigate its impact. Traffic counts are going to be collected on a peak weekend, like Memorial Day, and a “typical” day to gain more understanding of the seasonal variations of travel patterns. The results of the travel analysis will be presented at a future date, and staff will provide a timeframe during the May 23rd Council meeting.

Roadmap
The purpose of “A Resilient West Cliff Accessible to All” (Roadmap) is to develop a shared narrative about West Cliff, specifically the area between Natural Bridges State Beach and Lighthouse Point, by assessing the City’s historical body of work with the Council and the community. This includes numerous draft and final documents that support specific pathways for projects and infrastructure on West Cliff. City staff and Farallon Strategies (Project Team) are extracting the actions, policies, triggers and thresholds from this prior work.

21.3 The pending nature of funding, policy, and public works initiatives, combined with the urgency of storm repairs and recovery, have placed the City in a challenging position. The City must manage complicated timelines across regulatory agencies, funding decisions and reimbursement protocols, necessary repairs, and community interest, all while through the lens of long-range decision making tied to the projected impacts of climate change and ongoing erosion along the coast.

The Project Team prepared a partial draft2 of the Roadmap including:
- Draft aligning vision language describing the purpose of the Roadmap and the City’s previous planning activities;
- A history of the dynamic coast; and
- Sections on adaptation triggers and thresholds and post-disaster projects (0-3 years).

While the Roadmap is in partial draft form, the Project Team, in the spirit of collaboration and co-development, staff seeks the Council’s and community’s feedback on the following items contained in the draft Roadmap:
- High-level vision for West Cliff as compiled from existing City documents; - Narrative regarding the dynamic coast reflecting the existing coastal management policy direction of the City; and
- Opportunities to support emergency recovery actions and post-disaster recovery priorities, given regulatory constraints and available funding and financing abilities..

Following initial discussions at the May 23rd City Council meeting, the Project Team will organize additional community conversations on the Roadmap in the late May-June timeframe.

Additional outreach will be done for the subsequent releases of the rest of the Roadmap.

FISCAL IMPACT: None.

Prepared By:

Matt Starkey, P.E.

Transportation Manager
Laura Schmidt
Assistant City Manager
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Laura Schmidt
Assistant City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. West Cliff Drive Erosion Volume Estimates

2. A Resilient West Cliff Accessible to All Roadmap (DRAFT) 2 The Executive Summary and final section for projects beyond three years will be delivered at the next Council update.

21.4 Site 001
Site Area (Sq Meters) = 495.7
Erosion Volume (Cubic Meters) = 128
Fill Volume (Tons) = 224
Site 002
Site Area (Sq Meters) = 699
Erosion Volume (Cubic Meters) = 287
Fill Volume (Tons) = 503
Site 003
Site Area (Sq Meters) = 1777
Erosion Volume (Cubic Meters) = 1231
Fill Volume (Tons) = 2153
Site 004
Site Area (Sq Meters) = 769
Erosion Volume (Cubic Meters) = 163
Fill Volume (Tons) = 286
Site 005
Site Area (Sq Meters) = 267.1
Erosion Volume (Cubic Meters) = 106
Fill Volume (Tons) = 185
Site 006
Site Area (Sq Meters) = 597
Erosion Volume (Cubic Meters) = 606
Site 007
Fill Volume (Tons) = 1060
Site Area (Sq Meters) = 66.4
Erosion Volume (Cubic Meters) = 50
Fill Volume (Tons) = 87
Site 008
Site Area (Sq Meters) = 437.2
Erosion Volume (Cubic Meters) = 53
Fill Volume (Tons) = 92
Site 004b
Site Area (Sq Meters) = 303.6
Erosion Volume (Cubic Meters) = 38
Fill Volume (Tons) = 66

WEST CLIFF DR

OXFORD WY

PELTON AV

CENTENNIAL
ST

DAVID WY

NATIONAL ST

WOODROW AV

COLUMBIA ST

HARVARD ST

PRINCETON ST

COLUMBIA ST

WEST CLIFF DR

CLARK AV
q 0 150 300 75 Feet West Cliff Drive Erosion Volume Estimates Data courtesy of USGS. Erosion data is an estimate. 1 inch equals 150 feet 163 287 606 1231 385053106 128 Erosion Volume (Cubic Meters) 1016 West Cliff DriveCovered by FHWA
1030 West Cliff DriveCovered by FHWA
Site 003Fill VolumeApprox. 1,200 Tons
920 West Cliff DriveCovered by FHWA
Site 002Fill VolumeApprox. 150 Tons
Bethany Curve CulvertCovered by FHWA
932 West Cliff DriveCovered by FHWA

21.5 Note: Anticipated funding coverage by FHWA arein blue note boxes; FEMA in white note boxes.

A Resilient West Cliff, Accessible to All Roadmap (*DRAFT*)

*DRAFT*
A Resilient West Cliff, Accessible to All
Roadmap
May 17, 2023
Table of Contents
Table of Contents ....................................................................................................................... 1 Executive Summary ................................................................................................................... 2 Aligning Vision ........................................................................................................................... 2 A Dynamic Coast ....................................................................................................................... 4 West Cliff Adaptation Triggers and Thresholds .......................................................................... 6 Introduction ............................................................................................................................ 6 Post-disaster Projects (0-3 years) .............................................................................................. 8 Introduction ............................................................................................................................ 8 Projects .................................................................................................................................. 8 Beyond Three Years: Projects by Triggers and Thresholds .......................................................12 Appendices ...............................................................................................................................12

21.6 A Resilient West Cliff, Accessible to All Roadmap (*DRAFT*)

Executive Summary
To be developed.

Aligning Vision
The purpose of the Resilient West Cliff, Accessible for All (“Roadmap”) is to develop a shared narrative about West Cliff, defined here as the area between Natural Bridges State Beach and Lighthouse Point (see Figure 1-0 in the West Cliff Drive Adaptation and Management Plan). The Roadmap contains projects and policies related to West Cliff to generate a usable, useful resource to inform City decision-making and prioritization of projects and policies in the postdisaster time period (0-3 years). City staff accomplished this by leveraging existing city resources (plans and staff expertise) and mapping those assets against available resources (state, federal and philanthropic) to put, and keep, the City on a path away from the storm damage and disasters of January 2023 and toward a resilient West Cliff, accessible for all. The Roadmap also contains information about potential triggers and thresholds, and projects the City could pursue to build and maintain long-term resilience beyond the post-disaster period.

The storms of January 2023 were a stark harbinger of the constant change our coastline experiences and a reminder of the potential for increased risks faced by communities. These storms also created a window of opportunity for the City to activate staff, resources, and community assets to advance projects and develop a coordinated vision for a Resilient West Cliff, Accessible for All.

On November 27, 2018 City Council passed an emergency resolution stating “an existential climate emergency threatens our cities, towns, region, state, nation, civilization, humanity and the natural world”. In the resolution the City committed to “consider revising its existing policy, priorities, processes, and distribution of resources to enable emergency climate action measures in the City”. Every recent report from the Intergovernmental Panel on Climate Change (“IPCC”) to California’s Climate Change Assessment tells us we are now at a point when climate mitigation action is insufficient. As reiterated in the City’s Climate Adaptation Plan (2018), to address the impacts of climate change, the City must be prepared to implement challenging climate adaptation and resilience strategies, which include new ways of building, maintaining, funding, and engaging with the built and natural environment.

Over the past decade departments from across the City including Parks and Recreation, Water, City Manager, Public Works, Planning and Community Development, and Economic Development and Housing have adopted plans and developed projects related to West Cliff.

The number of plans and level of attention this area receives is a testament to its centrality to the City’s identity and the complex interactions between economic, environmental, and social values. City staff and Farallon Strategies reviewed these plans (see Appendix A) to develop the Roadmap. These plans represent hundreds of hours of public engagement meetings and skilled Commented [LS1]: Attachments to come in future
version of Roadmap.

21.7 A Resilient West Cliff, Accessible to All Roadmap (*DRAFT*)

evaluation and assessment by City staff and a variety of consultants using scientifically sound data, deep community knowledge, and lived expertise.

Weaving the West Cliff Plans Together
Achieving an aligned vision for West Cliff will require building on the environmental and social dynamism of the coast and City itself. Current City plans, including the City Parks Master Plan 2030, West Cliff Drive Adaptation and Management Plan, City Climate Action Plan 2030, City Active Transportation Plan, and the City’s Local Hazard Mitigation Plan 2018-2023 Update highlight the need for:
● increased accessibility along the coastal bluffs of West Cliff (City Parks Master Plan 2030);
● integration of the parks and green spaces along West Cliff adding to benefits for people and nature (City Parks Master Plan 2030);
● recognizing coastal erosion as a natural process and one in which the City will need to balance its response between accommodating through community relocation and armoring against to preserve access and community safety (West Cliff Adaptation and Management Plan);
● recognizing that ongoing coastal erosion is a significant problem along West Cliff Drive and this will continue as sea levels continue to rise (City’s Local Hazard Mitigation Plan 2018-2023 Update);
● creation of active transportation networks to facilitate residents and visitors traveling safely through the West Cliff area using non-motorized transportation methods (City Climate Action Plan 2030, City Active Transportation Plan); ● recognizing seawalls and jetties have finite life spans and may have adverse effects on other parts of the coast (City’s Local Hazard Mitigation Plan 2018-2023 Update); ● recognizing climate change is accelerating impacts on the natural and built environment and establishing an adaptive management approach to all City planning and programming is necessary to respond quickly and nimbly to a dynamic and changing environment (City Climate Action Plan 2030, West Cliff Adaptation and Management Plan).

Planning By The People
The City has consistently approached its planning processes focused on community voices, expertise and experience. Specifically, the City has led robust community engagement to identify preferred options for adaptive management of the coast, including one-on-one interviews with community members, virtual meetings, in-person meetings, surveys, and focus groups. During the Resilient Coast Santa Cruz Initiative, the City hosted or participated in over 50 meetings and engaged in over 1,500 conversations with the community (City’s “Synthesis Summary of Outreach and Engagement”). For example, the City engaged with focus groups of department heads, technical advisory committee members, and the community to identify preferred short- and longer-term transportation management strategies for West Cliff.

21.8 A Resilient West Cliff, Accessible to All Roadmap (*DRAFT*)

A Dynamic Coast
Recovery is no longer about assuming things should be the way they were.

Federal programs from the Federal Emergency Management Agency (FEMA), Housing and Urban Development (HUD), and Federal Highway Administration (FHWA) have created mechanisms to leverage disaster declarations and emergency events to advance more resilient solutions. For example projects like “X, Y, Z” are eligible through “ABC programs”. Whereas in the past disaster recovery mandated ‘putting things back the way they were,’ new FEMA guidelines allow for changes to the physical design of infrastructure. Furthermore, areas that have suffered disaster declarations now have access to funding that allow for strategic future planning including the Building Resilient Communities (BRIC) program. “Cliff erosion occurs frequently and there is a long history of coastal erosion along this corridor. Erosion responses have been to either relocate or to armor the eroded areas.

Currently, almost 50% of West Cliff is protected by seawalls and rip-rap, of varying age and in varying condition, which currently mitigates some of the existing erosion hazards but may not be sufficient to mitigate future sea level rise hazards” (West Cliff Adaptation and Management Plan, page 13)
Coastal management is prioritizing working with nature.

Coastal management and integrated planning that incorporates, and values, natural assets and access rather than limit and control them are a growing trend, in coastal zones and beyond.

FEMA recently developed a guideline report entitled Building Community Resilience With Nature-Based Solutions that highlights where NBS fit into FEMA’s existing programs, such as hazard mitigation, source water protection, and risk management. Public-private funding opportunities like the National Fish and Wildlife Foundation and National Oceanographic and Atmospheric Administration National Coastal Resilience Fund (NCRF) demonstrates the willingness of federal agencies and foundations to pay for planning, design, and implementation of complex NBS projects. Databases, such as the National Wildlife Foundation’s Natural Based Solutions Database, show the breadth of funding opportunities for projects that couple the prioritization of nature with human social dimensions.
“The coastal bluffs along West Cliff Drive are an additional feature, attracting visitors with coastal views and providing opportunities to walk, run, bicycle, watch wildlife, as well as access to beaches and surf breaks. (City of Santa Cruz Parks Master Plan 2030 page 2.2-1) Economic resilience is not about serving a single bottom line.

Creating spaces and opportunities that are accessible for people of all income levels and providing a sense of belonging for people from all backgrounds are necessary to achieve positive economic outcomes while building climate resilience. Creative finance solutions, like environmental impact bonds valuing stormwater management (Milwaukee, WI) or restored coastal wetlands (coastal Louisiana) can create opportunities to build economic resilience through adaptive actions. Other innovations like competitions (Oceanside, CA) can bring in new

21.9 A Resilient West Cliff, Accessible to All Roadmap (*DRAFT*)

opportunities and investors eager to help address community challenges. California is allowing for more creative economic finance mechanisms to address climate change through the establishment of Climate Resilience Districts (released in 2023) and Resilience Bonds (forthcoming) which can serve to connect resilience goals across the City by linking economic opportunities to the social and environmental values of communities.

Transportation and mobility are about moving people not about moving cars.

Embracing multimodal forms of transportation, not as alternatives, but as the primary mechanism of movement is a growing trend and one which the City is well positioned to lead.

Recovery dollars available from FHWA, including formula funds like the PROTECT Program, are increasingly designed to support pedestrians, cyclist, and other non-motorized transportation methods. Expanding safe spaces for pedestrians, cyclists, and others with limited mobility along West Cliff is an important priority in the short-term recovery period and for long term resilience and accessibility of the coastal zone. Proceeding through the disaster recovery process with an intention to study any impacts and assess benefits of limiting motorized vehicles from Lighthouse Point to Natural Bridges.
“The need to create a seamless and safe active transportation network; create a robust, decarbonized reliable public transportation system; establish more affordable, denser housing; promote food recovery and composting; and enhance regenerative landscapes while prioritizing measures with co-benefits.” (City Climate Action Plan 2030, page 3) Parks space is about community.

Embracing park space and nature as venues for active engagement and recreation is integral to the City. Residents and visitors have close relationships with the water and coastline. Ensuring park accessibility for all and minimizing built infrastructure and intervention in park space is a way to preserve the natural coastline.
“Policy A - Continue to integrate, expand and improve the connective and accessible network of parks, open spaces, and trails. ACTION 3. Help develop and implement an integrated design, land-use, recreation, cliff stabilization, and landscape plan for West Cliff and East Cliff Drives to enhance public safety, access, connectivity, preservation, and recreational enjoyment along the coastline.” (City of Santa Cruz Parks Master Plan 2030) Planning processes are not just about reaching a permanent solution.

Just as City planning on the coast must be aligned with dynamic coastal conditions, which are exacerbated by climate change-fueled storms, sea level rise, and in-land flooding, City planning must also align with social and political shifts which recognize community resources such as West Cliff must be accessible to all as a public amenity. It is necessary for the City and its residents to recognize planning processes, especially in the coastal zone, will require iteration, with ongoing engagement and updates.
“Land use and development along West Cliff are unique. The City owns most of the land along the seaward side of West Cliff Drive except for a few private parcels, including but not limited to a private residence and two hotels. California State Parks owns and operates

21.10 A Resilient West Cliff, Accessible to All Roadmap (*DRAFT*)

Lighthouse Field State Beach, on the landward side of West Cliff Drive lies Lighthouse Field, an open space with various habitat and recreational values, as well as portions of West Cliff Drive near the Lighthouse and Natural Bridges State Beach, with both sites having seabird roosting sites as well as monarch butterfly groves. The zoning along the ocean side of West Cliff Drive is Ocean Front Recreation, which limits most development potential. Along the shoreline are a variety of beaches, rocky intertidal, and cliff roosting habitat for a variety of sensitive bird and intertidal species. Just offshore are kelp beds and offshore rocks, which provide habitat for sea otters and a host of other marine mammals. During fall and spring, it is common to observe migratory whales moving between Alaska and Mexico.” (West Cliff Adaptation and Management Plan, page 15)
West Cliff Adaptation Triggers and Thresholds
Introduction
To prepare for current and future impacts of climate change and to stay abreast of dynamic social, economic, and ecological changes, the adoption of ‘triggers’ and ‘thresholds’ to guide the prioritization and implementation of projects and plans is needed. Climate adaptation triggers and thresholds play a prominent role in recent planning and community engagement activities in the city, including the Resilient Coast Santa Cruz Initiative, the West Cliff Drive Adaptation Management Plan, coastal monitoring network, and recent student engagements and NSF research collaborations between the City and University of California, Santa Cruz (UCSC).

The use of triggers and thresholds can support planning processes which happen under uncertain future conditions. By adopting triggers and thresholds as the decision-making framework for project planning and implementation, the City will be more able to respond to changing conditions as they come. The use of triggers can help to identify when planning and permitting processes should be initiated and when adaptation action should be implemented.

This condition-based action is critical when dealing with the dynamic coast.

Triggers and thresholds can derive from a range of disciplines and factors. The West Cliff Drive Adaptation and Management Plan Adaptation Alternatives Analysis, includes a framework of triggers and thresholds that include temporal, environmental, structural, and fiscal conditions:

21.11 A Resilient West Cliff, Accessible to All Roadmap (*DRAFT*)

During the Resilient Coast Santa Cruz Initiative community members, leaders, staff and experts provided feedback on the tipping points and thresholds they felt were most important or pressing, as decisions would be made along West Cliff using these thresholds (see page 11-4 Adaptation Alternatives Analysis).

Today, new triggers and thresholds are being considered by the City’s sustainability staff to expand the type of change or hazards to include social and ecological triggers. Examples of social triggers include:
● sense of preparedness to address a coastal hazard;
● decline in use of recreational areas; and
● rising costs of property insurance due to flood risks.

As with any triggers, these too will require a robust monitoring plan and committed administrative buy-in by multiple departments and stakeholders in the community, to translate from theory to planning to implemented practice.

Through effective revenue development via grants and strong partnerships with local universities and experts, the City is establishing a robust monitoring network that enables the use of adaptation triggers and thresholds. This monitoring network includes direct observation of the physical conditions of the West Cliff area via field observations, drone surveys and cameras and administrative management and monitoring tools including budget analysis to evaluate repeated loss, storm damage, infrastructure repair and management, and asset use and access including days public facilities closed due to storms and number of rescues performed by

21.12 A Resilient West Cliff, Accessible to All Roadmap (*DRAFT*)

emergency response crews. Furthermore, the City couples these efforts by making an annual inspection of the coastline that informs annual budgeting.

Connecting triggers and thresholds to additional planning and regulatory documents The use of adaptation triggers and thresholds is relatively new in public planning and regulatory approaches. However, a growing recognition of the need to address climate impacts with flexibility and iteration is leading state and federal agencies to embrace the approach. By adopting an approach to coastal management based on triggers and thresholds the City presents a long-term vision for West Cliff. This long-term version is needed to get approval from California Coastal Commission (CCC) for the City’s Local Coastal Plan (LCP). The City’s current list of proposed triggers from the adaptation and Management Plan for West Cliff would allow for the presentation of a LCP that articulates the City’s vision for safe, accessible, resilient West Cliff and also has specific guidelines for areas of interest across the coast. Those areas would include areas where greater attention is needed because of physical conditions, like erosion and bluff failure and also social considerations like beach access and park use.

While the LCP serves as a guiding document for where the City is heading, another regulatory document, the Local Hazard Mitigation Plan (LMHP), exists as a document that is most often referenced in weeks and months following an acute hazard event. A City equipped with a strong monitoring program and administrative and community buy-in to its triggers and thresholds based LHMP is exceptionally well equipped to respond in a rapid and forward-looking manner to acute (and chronic) hazard events.

Post-disaster Projects (0-3 years)
Introduction
As outlined in the Dynamic Coast section, West Cliff has a long history of coastal erosion.

Attempts to manage this erosion through hard armoring or other interventions have proven to be temporary and costly. Disasters regularly cause interruptions in access to West Cliff and limit the ability to allow for the important discussions needed to address long-term resilience and accessibility of West Cliff. Post-disaster recovery projects should address near term access while also positioning the City and infrastructure for projects that, using the language of California Governor's Office of Emergency Services (CalOES) and FEMA, “enhance the level of protection to disaster damaged facilities from similar damages in the future.” Leveraging post disaster recovery efforts to implement mitigation measures to harden, modify, or relocate the damaged facility rather than repairing it to its pre-disaster design.

Projects
Geotechnical Study of Sea Cave on the West Side of Lighthouse Point

21.13 A Resilient West Cliff, Accessible to All Roadmap (*DRAFT*)

Zone 3 - Its Beach, Point Santa Cruz, and Steamer Lane: Conduct a geotechnical study of sea cave on west side of Lighthouse Point (AEC #37). Previous studies were conducted in 2006 and 2016 with little change in sea cave. Next scheduled study is in 2026. Although not anticipated, should the study reveal an imminent risk, the City will prioritize evaluation and design of an alternative or the feasibility of relocating the Lighthouse (retreat) in the medium to longer term.

West Cliff Drive Sea Cave Stabilization
Adopted in the West Cliff Drive Public Works Plan, this project includes the design and fill of a sea cave at Stockton Ave. The project will likely be funded through a combination of grant funding to be pursued, e.g., State grants, FEMA BRIC, State Shoreline Erosion Control Grant Program for Funding in Fiscal Year 2022-23, and pre/post mitigation funding (currently unfunded).

West Cliff Drive One Way Pilot and Neighborhood Traffic Calming and Emergency Preventative Work
West Cliff Drive between Columbia Drive and Woodrow Avenue continues to provide one-way westbound (towards Natural Bridges) vehicular traffic and a temporary on-street multi-use path outside the failed bluff sections. At Bethany Curve, the bridge is closed to vehicle traffic but allows pedestrian and bicycle access. The roadway between Almar Avenue and David Way is open for “local access only” as the roadway is closed at the culvert. A detour route is posted via Delaware Avenue to circumvent the culvert.

To study the conditions, identify neighborhood traffic calming treatments, and develop recommendations for the pilot, staff have retained a transportation engineering consultant and conducted neighborhood “garage” meetings to solicit public input. An initial traffic calming installation has been identified for Oxford Way at the request of the neighborhood and as supported by collected traffic data. Vehicular volume counts conducted in February showed that approximately 2100 cars per day were using Oxford Way, instead of the signed detour route for Delaware Ave. The adjacent parallel streets, Plateau Avenue and Alta Avenue, in contrast, experienced approximately 300 cars per day. The Public Works Transportation division identified volume reduction strategies and the neighborhood selected a cul-de-sac treatment at the Bethany Curve crosswalk with a vote. The cul-de-sac will be implemented at the end of May and remain in-place for the duration of the one-way pilot. Additionally, the City will place approximately 200 tons of rip-rap to prevent further erosion due to wave action at the failure opposite of 1016 West Cliff Drive.

West Cliff Stair Repair
The repair of two stairways along West Cliff Drive was completed in FY 2022, however the City anticipates additional stair repairs. Construction was contingent on favorable tide and weather conditions. Likely stair improvements include handrail improvements, replacement of degraded concrete treads and construction of new landings.

West Cliff Drive Stabilization

21.14 A Resilient West Cliff, Accessible to All Roadmap (*DRAFT*)

To prevent damage to the West Cliff path, roadway, and utilities, this project proposes to place additional engineered rock protection and infill walls in areas that have been damaged by King tides and atmospheric rivers in recent years, as needed. In FY 2016, funding was used to repair two locations near Woodrow and a sinkhole at a retaining wall near Woodrow.

With significant damages sustained from bomb cyclone events in Winter 2023, FY 2024 priority locations for stabilization include the 900 and 1000 block of West Cliff Drive. Infill walls instead of rock protection are being considered along the areas opposite of 920, 932, 1016, and 1030 West Cliff Drive as they may be a more cost-effective and robust solution, while making it easier for a potential future connection to a larger seawall. Infill wall design is also less likely to have fugitive material displaced over time on the beach or surf. These and other areas are identified in the West Cliff Drive Adaptation and Management Plan (2021). Bethany Curve Culvert repairs is a separate stand-alone project. In addition to General Fund requests, the City continues to seek grant funds from several sources to support this project, including but not limited to FHWA, FEMA, CalOES, and the Division of Boating of Waterways.

West Cliff Bethany Curve Culvert
The culvert retaining walls, roadway, and storm drain system sustained significant damages from the Winter 2023 storm events. This project includes developing plans to replace the Bethany Curve culvert in order to maintain storm water drainage system and restore vehicle access to West Cliff Drive. Work is anticipated to include removal of damaged walls and catch basins, rehabilitation or structural reinforcement around existing culvert pipe, and replacement of roadway, pathway, and inward and seaward walls. Given the existing culvert was in place for over 100 years it is anticipated the culvert structure replacement would be in place for many decades to come. In addition to General Fund requests as a local match, the City is seeking grant funding from FHWA.

West Cliff Resiliency and Accessibility
Created in response to the atmospheric river storms events in late December 2022 – January 2023, the West Cliff Resiliency and Accessibility project seeded reserve funds for repair and post-disaster projects, along with long range planning and alignment efforts for West Cliff. Initial project work focused on transportation and infrastructure engineering. Further use of funding will be detailed in West Cliff updates to Council.

West Cliff Intersection Improvements
The Beach/SOLA Plan, and subsequently the General Plan identified traffic circulation improvements at Bay/West Cliff to reduce congestion and improve safety. This is a Traffic Impact Fee intersection and mitigation for the General Plan buildout. A mini‐roundabout was approved with the Dream Inn's 190 West Cliff Drive project, and development of the 190 West Cliff Drive project will pay its fair share of the intersection improvements and dedicated right‐of‐ way.

West Cliff Drive Multi-Use Path Pavement Rehabilitation

21.15 A Resilient West Cliff, Accessible to All Roadmap (*DRAFT*)

This project will address some of the deferred maintenance of the path surface with patching, edge repair and slurry paving of the multi‐use path. The first phase from Bay to Lighthouse Field was completed in FY 2012 and the second phase from Lighthouse to John Street was completed in FY 2015. The third phase is being developed for construction in FY 2024 following the storm damage repair near Chico Ave.

Corrugated Metal Pipe (CMP) Storm Drain Pipe Replacement Corrugated Metal Pipe (CMP) storm drain pipe has a useful life of approximately 50 years.

There are several of these storm drains citywide where the pipe has corroded and collapsed, necessitating replacement with plastic pipe which has a longer useful life. Engineering and Operations staff identified the highest priority locations for replacement, which includes West Cliff Drive CMPs.

Coastal Living Shoreline, Nature Based Solutions and Sand Management Feasibility Study
The City has identified potential sites for living shorelines and nature based coastal adaptation solutions through its Resilient Coast Santa Cruz coastal climate adaptation planning initiative (2019-2022). However, this assessment is not comprehensive and a full feasibility study to understand the technical, ecological, legal, regulatory and social feasibility of these solution options needs to be conducted to integrate into the City's ongoing coastal adaptation work.

The City is seeking funding from the California Coastal Conservancy to:
(1) conduct a feasibility study of nature based solutions (NBS) and living shorelines (LS); (2) evaluate the potential for using sand management techniques to replenish sand on down coast beaches;
(3) develop conceptual designs of feasible LS, NBS and sand management techniques; (4) prepare virtual reality visualizations of feasible concepts in the City’s Sea Level Rise Explorer application for use in equitable engagement during the project; and (5) identify ecological triggers and thresholds to monitor coastal ecological change and potential LS and NBS performance as well as transition to solutions which enhance and protect ecosystems.

The City has requested $500,000 to fund this work which it anticipates to complete by the end of 2024.

West Cliff Post Storm Recovery Resiliency
The bomb cyclone event in January 2023 caused substantial damage along West Cliff Drive.

Protective riprap, portions of the bike pedestrian path and road failed during the storm, forcing the City to close a section to all vehicle traffic and install a one-way vehicle road. The City has developed a Post Storm Recovery Resiliency Strategy that involves addressing near term damage repair and transitioning to a durable, longer-term solution. However, federal emergency funding will only cover a portion of the recovery. Recovery includes repairing all failed damages to riprap, path and road as well as conducting community engagement and piloting one-way concepts along the corridor. While extensive planning and engagement has been conducted to

21.16 A Resilient West Cliff, Accessible to All Roadmap (*DRAFT*)

understand regulatory paths, community preferences, and costs for feasible medium to longer term adaptation solutions, the City requires project support, additional studies and engineering to advance community supported coastal resiliency beyond status quo recovery repairs. This work includes evaluation and design of grey-green and nature-based solutions, sand management and living shorelines, ongoing engagement and integrating betterment activities into post recovery resiliency, e.g., recreational amenities and ecosystem restoration. Funding will advance West Cliff resiliency beyond the recovery phase to ensure an accessible and free coastline for residents, visitors and wildlife.

West Cliff’s Mitchell’s Cove Seawall Design
The purpose of the Mitchell’s Cove Seawall design project is to complete all portions of design, permitting and environmental review to deliver a shovel ready seawall construction project. The proposed seawall would protect 1,600 linear feet of cliff and bluff face, adjacent bike and pedestrian path, roadway, utilities and homes on the landward side of the bluff face and bolster access, recreation, ecosystem and education function. The objectives of the seawall design project are to (1) provide durable structural stability and protection to the Mitchell’s Cove area, (2) ensure and enhance recreation and access opportunities, (3) increase ecological function, (4) sustain economic activity related to recreation and tourism, and (5) offer education opportunities for residents and visitors on the coast line, its indigenous history, unique natural features and wildlife and history.

Santa Cruz Coastal Adaptation Monitoring Program
The City is developing a smart coastal change monitoring program for incorporation into its Local Coastal Plan through a targeted amendment. The coastal change monitoring program will explore and integrate social and geophysical triggers for guiding the City’s implementation of priority coastal adaptation pathways. The program will be developed with a cross disciplinary team through scientific assessment of existing and potential environmental and social data and methods; community engagement and communication focused on social vulnerability and equity; and integration of science and community concerns with the City’s LCP policy and implementation framework related to coastal adaptation. The goal of the project is to develop, codify and initiate deployment of a coastal change monitoring program in order to implement the City’s adaptation pathways approach to coastal management in the face of climate change. The City received a $180,000 grant from the California Coastal Commission to advance this work.

Beyond Three Years: Projects by Triggers and
Thresholds
To be developed.

Appendices
To be developed.

21.17 1
Brittany Inclan
From: Norm Hayes <[email protected]>
Sent: Sunday, May 21, 2023 6:15 PM
To: City Council
Subject: Oxford Way/West Cliff Drive
My street Oxford Way has become the "go via" route around the West cliff closure. There was a plan to put a barrier on Oxford at Bethany Curve. Is this still in the plan and when is implementation scheduled? It is getting hazardous to back out of my driveway onto Oxford because of speeding cars.

21.18 1
Brittany Inclan
From: r ortiz <[email protected]>
Sent: Monday, May 22, 2023 7:15 AM
To: City Council
Subject: Support two way protected bike path
Esteemed SC City Council!
What an opportunity to make our city beƩer: more sustainable, safer, modern and accessible— please support the twoway protected bike path as you re-imagine West Cliff into the climate change future. We need your leadership on this. I live in the lower west side and even though my street will be impacted by an increase in car traffic, I support this progressive, family friendly vision for a healthy and beauƟful Santa Cruz.

Thank you!
Lisa OrƟz
110 Laguna st
Sent from my iPhone

21.19 1
Brittany Inclan
From: jfbergs <[email protected]>
Sent: Monday, May 22, 2023 7:42 AM
To: City Council
Subject: West cliff bicycle travel
Dear City Council,
Please support/ approve a , separate from pedestrians, two way bicycle trail on West Cliff Drive. The demand for nonauto space to travel on West Cliff drive is growing yearly. It is time to be courageous and provide more space on West Cliff for a healthy and environmentally beneficial mode of transportation.

Thank You,
Joel Steinberg
Sent via the Samsung Galaxy S21 5G, an AT&T 5G smartphone

21.20 1
Brittany Inclan
From: Curt Simmons <[email protected]>
Sent: Monday, May 22, 2023 8:03 AM
To: City Council
Subject: May 23rd agenda, item 21: Support increased access for all on West Cliff Drive Dear Mayor Keeley and Councilmembers,
I ride West Cliff multiple times per week. It has been so much better for riding since the winter storms forced redirection of much of the car traffic to other roads.

As you consider the draft roadmap for a resilient West Cliff Drive that is accessible to all, I urge you to prioritize creating space for people on bikes that is separate from the vehicle lane and from the pedestrian path. This could be accomplished through a pilot of one-way car traffic for the length of West Cliff Drive. This design would increase safety, comfort, and enjoyment of West Cliff for everyone:
• People walking would no longer be surprised by people on bikes who are moving at higher speeds • People driving would no longer need to share the road with people who are avoiding crowded conditions on the path by biking in the roadway
• People biking would have dedicated space, eliminating the need to navigate the crowded path or share the road with cars
• A one-way pilot for the length of West Cliff would direct drivers to Natural Bridges Drive and Mission Street, reducing neighborhood cut-through traffic
As you consider next steps, please prioritize a design that allows everyone to enjoy West Cliff Drive, whether they are walking, riding a bike, or driving. Add some info on why West Cliff is important to you! Sincerely,
Curt

21.21 1
Brittany Inclan
From: Michele Jaeger <[email protected]>
Sent: Monday, May 22, 2023 8:10 AM
To: City Council
Subject: May 23rd agenda, item 21: Support increased access for all on West Cliff Drive Dear Mayor Keeley and Councilmembers,
As you consider the draft roadmap for a resilient West Cliff Drive that is accessible to all, I urge you to prioritize creating space for people on bikes that is separate from the vehicle lane and from the pedestrian path. This could be accomplished through a pilot of one-way car traffic for the length of West Cliff Drive. This design would increase safety, comfort, and enjoyment of West Cliff for everyone:
• People walking would no longer be surprised by people on bikes who are moving at higher speeds • People driving would no longer need to share the road with people who are avoiding crowded conditions on the path by biking in the roadway
• People biking would have dedicated space, eliminating the need to navigate the crowded path or share the road with cars
• A one-way pilot for the length of West Cliff would direct drivers to Natural Bridges Drive and Mission Street, reducing neighborhood cut-through traffic
As you consider next steps, please prioritize a design that allows everyone to enjoy West Cliff Drive, whether they are walking, riding a bike, or driving. I live near the intersection of Delaware and Woodrow, and I bike or walk on West Cliff most days, and feel strongly that this change would improve the lives of most people in the area (and those who come to visit).

Sincerely,
Michele Jaeger

21.22 1
Brittany Inclan
From: paul dionne <[email protected]>
Sent: Monday, May 22, 2023 8:29 AM
To: City Council
Subject: west cliff biking
Please allow West Cliff Drive to have a dedicated bike lane. I've been riding West Cliff for 40 years and 20 years ago pedestrians and bikes could co-exist on one bike path, but not today! It's too crowded for both on most days and outright dangerous on the weekends. Thanks for considering this issue.

Paul Dionne

21.23 1
Brittany Inclan
From: Kevin Lockwood <[email protected]>
Sent: Monday, May 22, 2023 8:37 AM
To: City Council
Subject: May 23rd agenda, item 21: Support increased access for all on West Cliff Drive Dear Mayor Keeley and Councilmembers,
As you consider the draft roadmap for a resilient West Cliff Drive that is accessible to all, I urge you to prioritize creating space for people on bikes that is separate from the vehicle lane and from the pedestrian path. This could be accomplished through a pilot of one-way car traffic for the length of West Cliff Drive. This design would increase safety, comfort, and enjoyment of West Cliff for everyone:
- People walking would no longer be surprised by people on bikes who are moving at higher speeds - People driving would no longer need to share the road with people who are avoiding crowded conditions on the path by biking in the roadway
- People biking would have dedicated space, eliminating the need to navigate the crowded path or share the road with cars
- A one-way pilot for the length of West Cliff would direct drivers to Natural Bridges Drive and Mission Street, reducing neighborhood cut-through traffic
As you consider next steps, please prioritize a design that allows everyone to enjoy West Cliff Drive, whether they are walking, riding a bike, or driving. Add some info on why West Cliff is important to you! Sincerely,
Kevin Lockwood

21.24 1
Brittany Inclan
From: Paul Cheatham <[email protected]>
Sent: Monday, May 22, 2023 8:51 AM
To: City Council
Subject: Please prioritize space for pedestrians and non motorized bicycles on West Cliff drive.

Dear Mayor Keeley and Councilmembers,
West Cliff can be a place for all people to appreciate. As you consider the draft roadmap for a resilient West Cliff Drive that is accessible to all, I urge you to prioritize creating space for people on bikes that is separate from the vehicle lane and from the pedestrian path. This could be accomplished through a pilot of one-way car traffic for the length of West Cliff Drive. This design would increase safety, comfort, and enjoyment of West Cliff for everyone:
• People walking would no longer be surprised by people on bikes who are moving at higher speeds • People driving would no longer need to share the road with people who are avoiding crowded conditions on the path by biking in the roadway
• People biking would have dedicated space, eliminating the need to navigate the crowded path or share the road with cars
• A one-way pilot for the length of West Cliff would direct drivers to Natural Bridges Drive and Mission Street, reducing neighborhood cut-through traffic
As you consider next steps, please prioritize a design that allows everyone to enjoy West Cliff Drive, whether they are walking, riding a bike, or driving. West Cliff Drive is a sanctuary for people to enjoy one of the most beautiful parts of Santa Cruz. Creating separate spaces for walkers and bikers makes it even more enjoyable and safer for everyone. The last few years it has become so crowded bicycles are regularly bumping into walkers. I even saw someone in a wheelchair get knocked over in a collision on the walkway because there was not enough space.

Sincerely,
Paul Cheatham
Sent from my iPhone

21.25 1
Brittany Inclan
From: Jonathan Kaufman Scher <[email protected]>
Sent: Monday, May 22, 2023 9:15 AM
To: City Council
Subject: May 23rd agenda, item 21: Support increased access for all on West Cliff Drive Dear Mayor Keeley and Councilmembers,
As you consider the draft roadmap for a resilient West Cliff Drive that is accessible to all, I urge you to prioritize creating space for people on bikes that is separate from the vehicle lane and from the pedestrian path. This could be accomplished through a pilot of one-way car traffic for the length of West Cliff Drive. This design would increase safety, comfort, and enjoyment of West Cliff for everyone:

People walking would no longer be surprised by people on bikes who are moving at higher speeds People driving would no longer need to share the road with people who are avoiding crowded conditions on the path by biking in the roadway
People biking would have dedicated space, eliminating the need to navigate the crowded path or share the road with cars
A one-way pilot for the length of West Cliff would direct drivers to Natural Bridges Drive and Mission Street, reducing neighborhood cut-through traffic
As you consider next steps, please prioritize a design that allows everyone to enjoy West Cliff Drive, whether they are walking, riding a bike, or driving. Add some info on why West Cliff is important to you! Sincerely,
Jonathan Scher
220 Swift St
Santa Cruz CA 95060
(sent from my phone)

21.26 1
Brittany Inclan
From: Mari Lynch <[email protected]>
Sent: Monday, May 22, 2023 9:17 AM
To: City Council
Cc: Bike Santa Cruz County
Subject: I support 2-way bike travel on West Cliff Dr - see attached Attachments: Santa Cruz Council re West Cliff.pdf

21.27 Mari Lynch, Bicycling Monterey
Post Office Box 3041
Monterey, CA 93942-3041
https://bikemonterey.org
[email protected] - 831.375.6278
May 22, 2023
Subject: May 23rd agenda, item 21: Support increased access for all on West Cliff Drive Dear Mayor Keeley and Councilmembers,
Biking West Cliff Drive when I was a resident of Santa Cruz (1976-81) was a common after-work activity for me much of the year, to enjoy the sunsets. I also biked West Cliff as part of my bike-to-work route the year that I worked for Well-Being magazine, whose editorial offices were on Woodrow; see photo of another Well-Being employee, Gerri Dayharsh, and me biking West Cliff:
https://bikemonterey.org/biking-west-cliff.html.

Since moving to Monterey County in 1981, I still bike West Cliff occasionally. Unfortunately, it is far less enjoyable, especially on weekends, due to the far larger numbers of people sharing that route.

As you consider the draft roadmap for a resilient West Cliff Drive that is accessible to all, I urge you to prioritize creating space for people on bikes that is separate from the vehicle lane and from the pedestrian path. This could be accomplished through a pilot of one-way car traffic for the length of West Cliff Drive. This design would increase safety, comfort, and enjoyment of West Cliff for everyone:
• People walking would no longer be surprised by people on bikes who are moving at higher speeds
• People driving would no longer need to share the road with people who are avoiding crowded conditions on the path by biking in the roadway
• People biking would have dedicated space, eliminating the need to navigate the crowded path or share the road with cars
• A one-way pilot for the length of West Cliff would direct drivers to Natural Bridges Drive and Mission Street, reducing neighborhood cut-through traffic As you consider next steps, please prioritize a design that allows everyone to enjoy West Cliff Drive, whether they are walking, riding a bike, or driving. Thank you! Sincerely,
Mari Lynch
Founder, Bicycling Monterey

21.28 1
Brittany Inclan
From: Marisa Gomez <[email protected]>
Sent: Monday, May 22, 2023 9:32 AM
To: City Council
Subject: May 23 agenda, item 21: Support increased access for all on West Cliff Drive Dear Mayor Keeley and Councilmembers,
I'm so glad to hear that there is a possibility of making West Cliff Drive more bike friendly. So many people — both cyclists and pedestrians, and beyond — would benefit from creating a two-way bike lane that is separate from the vehicle lane and from the pedestrian path.

Let's try a pilot of one-way car traffic for the length of West Cliff Drive. This design would increase safety, comfort, and enjoyment of West Cliff for everyone:
• People walking would no longer be surprised by people on bikes who are moving at higher speeds • People driving would no longer need to share the road with people who are avoiding crowded conditions on the path by biking in the roadway
• People biking would have dedicated space, eliminating the need to navigate the crowded path or share the road with cars
• A one-way pilot for the length of West Cliff would direct drivers to Natural Bridges Drive and Mission Street, reducing neighborhood cut-through traffic
• A bike-friendly Santa Cruz will set us up for success as we navigate the changing landscape of housing and climate resilience in the years to come
As you consider next steps, please prioritize a design that allows everyone to enjoy West Cliff Drive, whether they are walking, riding a bike, or driving. West Cliff Drive is where I go to feel pride in my town and to feel connected to nature.

We have a great opportunity to make it the best version of itself, and soon! Sincerely,
Marisa Gomez
Community Education and Collaboration Manager | Santa Cruz Museum of Natural History Vice President | UC Santa Cruz Arboretum & Botanic Garden Friends Board Secretary | California Native Plant Society, Santa Cruz Chapter Board of Directors Certified California Naturalist | UC Division of Agriculture and Natural Resources

21.29 1
Brittany Inclan
From: Pauline Seales <[email protected]>
Sent: Monday, May 22, 2023 9:38 AM
To: City Council
Subject: Subject: May 23rd agenda, item 21: Support increased access for all on West Cliff Drive Dear Mayor Keeley and Councilmembers,
As a resident of lower West Side, I'm a bike rider, grandmother and dog walker. The current oneway emergency system is more pleasant for all of these activities. As you consider the draft roadmap for a resilient West Cliff Drive that is accessible to all, I urge you to prioritize creating space for people on bikes that is separate from the vehicle lane and from the pedestrian path. This could be accomplished through a pilot of one-way car traffic for the length of West Cliff Drive. This design would increase safety, comfort, and enjoyment of West Cliff for everyone:
• People walking would no longer be surprised by people on bikes who are moving at higher speeds
• People driving would no longer need to share the road with people who are avoiding crowded conditions on the path by biking in the roadway • People biking would have dedicated space, eliminating the need to navigate the crowded path or share the road with cars
• A one-way pilot for the length of West Cliff would direct drivers to Natural Bridges Drive and Mission Street, reducing neighborhood cut-through traffic As you consider next steps, please prioritize a design that allows everyone to enjoy West Cliff Drive, whether they are walking, riding a bike, or driving. Add some info on why West Cliff is important to you!
Sincerely,
Pauline Seales

21.30 1
Brittany Inclan
From: Abi Jones <[email protected]>
Sent: Monday, May 22, 2023 9:49 AM
To: City Council
Subject: Item 21 on May 23rd agenda : Increasing access for all on West Cliff Dear Mayor Keeley and Councilmembers,
As you determine a new road map for West Cliff, please consider separating bicycle traffic from pedestrian traffic.

As a frequent walker on West Cliff, I find it tough to dodge bikes ridden by people who feel unsafe on the road (especially little kids!). And when I do get a chance to ride my bike on West Cliff, I have to make sure I go on weekdays to avoid tourist vehicles, especially if I'm with my own kid.

One way traffic, plus separate bike and walking lanes would improve the space for everyone, creating safer zones for families.

Thanks for your consideration in developing an accessible pilot.

Abi Jones

21.31 1
Brittany Inclan
From: David Zweig <[email protected]>
Sent: Monday, May 22, 2023 10:03 AM
To: City Council
Subject: West Cliff Drive
Santa Cruz City Council,
Please extend the one-way traffic pilot project. The traffic on West Cliff is too heavy to allow for walkers, bike riders, dog enthusiasts, skate boarders and now the new bike share program being installed in Santa Cruz. Please make West Cliff one way only for automobile traffic from Bay to Swanton.

Thank you,
Dave Zweig
148 Walk Circle
Santa Cruz

21.32 1
Brittany Inclan
From: Garrett <[email protected]>
Sent: Monday, May 22, 2023 10:33 AM
To: City Council
Subject: 5.23.23. Agenda Item # 21 West Cliff

5.23.23. Agenda Item # 21 West Cliff
Dear Council,
I see a lot of letters coming in wanting a 2 way bike path and less cars.

I seriously doubt the car drivers, especially tourists, are being polled to see how they feel about that. Cars are freedom.

No cars, less freedom. Those impacted by more traffic in neighborhoods will be impacted by more traffic in neighborhoods. Don't BS it any other way. IF one groups of people get something they never had, it is at the expense of others. Don't BS it any other way.

Bikes can safely travel next to car lanes in both directions now , but the reality is THEY DON'T. They use the trail because of the VIEW. It is considerably more difficult to navigate the trail for bikes as well as peds than the street safely, but they do it anyway, again because of the better VIEW.. I cannot say they are always courteous to other users, or even obey traffic laws very well. They are notorious bad drivers all over the city.

I think the focus on bikes is taking the focus from the real issue. Protecting West cliff and especially vulnerable sections of West Cliff assets such as West Cliff Dr, and tax payers homes. I can't say, but suspect a lot of fair weather recreational uses don't pay taxes here.

As long as the #1 focus of adapting to climate change with something other than "run for your lives" and more so "hold the erosion line", I don't care as much about traffic, but if there is to become a 2 way bike lane, HAND OUT LOTS AND LOTS OF TICKETS IF THE BIKES USE THE PED PATH.

Making left turns onto Woodrow from Plateau with its many blind spots (parked cars/high dividers/line of sight corner homeowner violations) is now more difficult/risky because of extra and I think faster traffic taking the detour. It will be more so when Oxford bypass becomes unavailable. What makes you think they won't then take Alta or Plateau? Garrett Philipp Lower West Side impacted by traffic.

21.33 1
Brittany Inclan
From: Renee Wall <[email protected]>
Sent: Monday, May 22, 2023 11:19 AM
To: City Council
Subject: May 23rd agenda, item 21: Support increased access for all on West Cliff Drive Dear Mayor Keeley and Councilmembers,
I urge you to consider prioritizing space for people on bikes as you consider the draft roadmap for a resilient West Cliff Drive that is accessible to all.

I’ve heard time and time again how Santa Cruz is not bike-friendly, which is heart-breaking to hear considering we are a town that strives towards being environmentally sustainable, promoting equal access, and is widely considered a Mecca for outdoor activities.

I urge you to prioritize creating space for people on bikes that is separate from the vehicle lane and from the pedestrian path. This could be accomplished through a pilot of one-way car traffic for the length of West Cliff Drive.

This design would increase safety, comfort, and enjoyment of West Cliff for everyone:
• People walking would no longer be surprised by people on bikes who are moving at higher speeds • People driving would no longer need to share the road with people who are avoiding crowded conditions on the path by biking in the roadway
• People biking would have dedicated space, eliminating the need to navigate the crowded path or share the road with cars
• A one-way pilot for the length of West Cliff would direct drivers to Natural Bridges Drive and Mission Street, reducing neighborhood cut-through traffic
As you consider next steps, please prioritize a design that allows everyone to enjoy West Cliff Drive, whether they are walking, riding a bike, or driving.

Sincerely,
Renee Wall

21.34 1
Brittany Inclan
From: chloe ortiz <[email protected]>
Sent: Monday, May 22, 2023 11:24 AM
To: City Council
Subject: I support a two way bike path!
Hello beloved city council!
Having a bike path separate from the pedestrian path on westcliff would make things more enjoyable for all types of commuters and ocean enjoyers.

More space for non-motor westcliff users!
Thank you for your work.

Chloe Ortiz

21.35 1
Brittany Inclan
From: Ryan Meckel <[email protected]>
Sent: Monday, May 22, 2023 11:37 AM
To: City Council
Subject: May 23, Item 21: Support increased access for all on West Cliff Drive Dear Mayor Keeley and Councilmembers,
As you consider the draft roadmap for a resilient West Cliff Drive that is accessible to all, I urge you to prioritize creating space for people on bikes that is separate from the vehicle lane and from the pedestrian path. This could be accomplished through a pilot of one-way car traffic for the length of West Cliff Drive. This design would increase safety, comfort, and enjoyment of West Cliff for everyone:
• People walking would no longer be surprised by people on bikes who are moving at higher speeds • People driving would no longer need to share the road with people who are avoiding crowded conditions on the path by biking in the roadway
• People biking would have dedicated space, eliminating the need to navigate the crowded path or share the road with cars
• A one-way pilot for the length of West Cliff would direct drivers to Natural Bridges Drive and Mission Street, reducing neighborhood cut-through traffic
As you consider next steps, please prioritize a design that allows everyone to enjoy West Cliff Drive, whether they are walking, riding a bike, or driving.

Sincerely,
Ryan Meckel

21.36 1
Brittany Inclan
From: Chloe Bradburn <[email protected]>
Sent: Monday, May 22, 2023 11:42 AM
To: City Council
Subject: May 23rd agenda, item 21: Support increased access for all on West Cliff Drive Dear Mayor Keeley and Councilmembers,
As you consider the draft roadmap for a resilient West Cliff Drive that is accessible to all, I urge you to prioritize creating space for people on bikes that is separate from the vehicle lane and from the pedestrian path. This could be accomplished through a pilot of one-way car traffic for the length of West Cliff Drive. This design would increase safety, comfort, and enjoyment of West Cliff for everyone:
• People walking would no longer be surprised by people on bikes who are moving at higher speeds • People driving would no longer need to share the road with people who are avoiding crowded conditions on the path by biking in the roadway
• People biking would have dedicated space, eliminating the need to navigate the crowded path or share the road with cars
• A one-way pilot for the length of West Cliff would direct drivers to Natural Bridges Drive and Mission Street, reducing neighborhood cut-through traffic
As you consider next steps, please prioritize a design that allows everyone to enjoy West Cliff Drive, whether they are walking, riding a bike, or driving. Add some info on why West Cliff is important to you! Sincerely,
Chloe Bradburn
Community member & bike commuter

21.37 1
Brittany Inclan
From: Baymoon <[email protected]>
Sent: Monday, May 22, 2023 12:13 PM
To: City Council
Subject: West Cliff Reimagined
Dear City Council Members,
We need a 2-way bike lane, separate from pedestrians, as well as 1-way car traffic on Westcliff. This will ensure that everyone can safely enjoy the beauty of this amazing visual natural resource! Currently, pedestrians and bikes use the small path along the road, making for potenƟal collisions and injury. And there is no real benefit to having 2-way car traffic along this path since there are ample streets in both direcƟons in the neighborhood.

Thank you,
Mary Anne Kramer-Urner (she/her/hers)
242 Dufour Street
Santa Cruz CA 95060
831-234-1909

21.38 1
Brittany Inclan
From: Lee White <[email protected]>
Sent: Monday, May 22, 2023 1:02 PM
To: City Council
Subject: May 23rd agenda, item 21: Support increased access for all on West Cliff Drive Dear Mayor Keeley and Councilmembers,
As you consider the draft roadmap for a resilient West Cliff Drive that is accessible to all, I urge you to prioritize creating space for people on bikes that is separate from the vehicle lane and from the pedestrian path. This could be accomplished through a pilot of one-way car traffic for the length of West Cliff Drive. This design would increase safety, comfort, and enjoyment of West Cliff for everyone:
• People walking would no longer be surprised by people on bikes who are moving at higher speeds • People driving would no longer need to share the road with people who are avoiding crowded conditions on the path by biking in the roadway
• People biking would have dedicated space, eliminating the need to navigate the crowded path or share the road with cars
• A one-way pilot for the length of West Cliff would direct drivers to Natural Bridges Drive and Mission Street, reducing neighborhood cut-through traffic
As you consider next steps, please prioritize a design that allows everyone to enjoy West Cliff Drive, whether they are walking, riding a bike, or driving. I love biking and running along the water, but without a dedicated bike space it is stressful and crowded. As a biker, I default to biking on the road with cars, but it is scary because the lanes are narrow and drivers get frustrated if I am not going their speed. It has been great having 1 way traffic on a small section of West Cliff because I can not worry about the space I take up as a biker and it would be amazing if that were extended to the whole length.

Sincerely,
Lee White

21.39 1
Brittany Inclan
From: [email protected]
Sent: Monday, May 22, 2023 1:07 PM
To: City Council
Subject: West Cliff Drive
Dear Mayor Keeley and Councilmembers,
Regarding the draft roadmap for a resilient West Cliff Drive, I urge you to prioritize creating space bikes separate from the motor vehicle lane and the pedestrian path. This could be accomplished through a pilot one-way car traffic for the length of West Cliff Drive. This design would increase safety, comfort, and enjoyment of West Cliff for everyone:
• People walking would no longer be surprised by people on bikes who are moving at higher speeds • People driving would no longer need to share the road with people who are avoiding crowded conditions on the path by biking in the roadway
• People biking would have dedicated space, eliminating the need to navigate the crowded path or share the road with cars
• A one-way pilot for the length of West Cliff would direct drivers to Natural Bridges Drive and Mission Street, reducing neighborhood cut-through traffic
As you consider next steps, please prioritize a design that allows everyone to enjoy West Cliff Drive, whether they are walking, riding a bike, or driving.

Sincerely,
Karsten Mueller MS, PhD

21.40 1
Brittany Inclan
From: sanjiv garg <[email protected]>
Sent: Monday, May 22, 2023 1:17 PM
To: City Council
Subject: May 23rd agenda, item 21: Support increased access for all on West Cliff Drive Dear Mayor Keeley and Councilmembers,
As you consider the draft roadmap for a resilient West Cliff Drive that is accessible to all, I urge you to prioritize creating space for people on bikes that is separate from the vehicle lane and from the pedestrian path. This could be accomplished through a pilot of one-way car traffic for the length of West Cliff Drive. This design would increase safety, comfort, and enjoyment of West Cliff for everyone.

21.41 1
Brittany Inclan
From: Elliott Campbell <[email protected]>
Sent: Monday, May 22, 2023 2:08 PM
To: City Council
Subject: Biking West Cliff
Mayor Keeley and Santa Cruz Councilmembers,
Thank you for your work to preserve our beautiful coastal access on West Cliff! I am writing to ask you to consider making space for a 2-way bike lane that is separate from pedestrians and protected from vehicles.

A protected bike path on West Cliff, similar to in front of Boardwalk, would create arguably one of the most scenic bike paths in the world. What a legacy this would be your council! I appreciate your consideration of the one-way pilot that could provide room for bicycles to be separated from pedestrians and separated from vehicles. This design is the key for safety, comfort, and enjoyment and will encourage people to travel to West Cliff by bike.

Thank you again for your service and vision for a sustainable West Cliff.

Best regards,
Elliott

21.42 1
Brittany Inclan
From: Bruce Dau <[email protected]>
Sent: Monday, May 22, 2023 2:39 PM
To: City Council
Subject: May 23rd agenda, item 21: Support increased access for all on West Cliff Drive Dear Mayor Keeley and Councilmembers,
As you consider the draft roadmap for a resilient West Cliff Drive that is accessible to all, I urge you to prioritize creating space for people on bikes that is separate from the vehicle lane and from the pedestrian path. This could be accomplished through a pilot of one-way car traffic for the length of West Cliff Drive. This design would increase safety, comfort, and enjoyment of West Cliff for everyone:
• People walking would no longer be surprised by people on bikes who are moving at higher speeds • People driving would no longer need to share the road with people who are avoiding crowded conditions on the path by biking in the roadway
• People biking would have dedicated space, eliminating the need to navigate the crowded path or share the road with cars
• A one-way pilot for the length of West Cliff would direct drivers to Natural Bridges Drive and Mission Street, reducing neighborhood cut-through traffic
As you consider next steps, please prioritize a design that allows everyone to enjoy West Cliff Drive, whether they are walking, riding a bike, or driving. Add some info on why West Cliff is important to you! Sincerely,
Bruce Dau
Sent from Bruce's IPad

21.43 1
Brittany Inclan
From: [email protected]
Sent: Monday, May 22, 2023 2:40 PM
To: City Council
Subject: null
Dear Mayor Keeley and Councilmembers,
Regarding West Cliff Drive, please consider creating space for people on bikes that is separate from the vehicle lane and from the pedestrian path. This could be accomplished through a pilot of one-way car traffic for the length of West Cliff Drive. This design would increase safety, comfort, and enjoyment of West Cliff for everyone:
• People walking would no longer be surprised by people on bikes who are moving at higher speeds • People driving would no longer need to share the road with people who are avoiding crowded conditions on the path by biking in the roadway
• People biking would have dedicated space, eliminating the need to navigate the crowded path or share the road with cars
• A one-way pilot for the length of West Cliff would direct drivers to Natural Bridges Drive and Mission Street, reducing neighborhood cut-through traffic
As you consider next steps, please prioritize a design that allows everyone to enjoy West Cliff Drive, whether they are walking, riding a bike, or driving. Add some info on why West Cliff is important to you! Sincerely,
You!

21.44 1
Brittany Inclan
From: Iwalani Faulkner <[email protected]> Sent: Monday, May 22, 2023 3:49 PM
To: City Council
Subject: [CAUTION: Verify Sender Before Opening!] 1-Support for Two-Way Bike Travel on West Cliff Drive and 2-Support Broadway Ave Complete Streets Improvements! Attachments: 2023-05-22_Support2wayBikeWestCliff_SafeStreetsonBroadway.docx Dear Honorable Mayor Keeley and Santa Cruz City Council Members:

Please see the attached letter on behalf of Equity Transit writing in support of infrastructure for safer streets, specifically, Two-Way Bike Travel on West Cliff Drive and support for including Broadway Avenue in the Complete Streets Improvement Plan --
Best regards,
Lani Faulkner, Director
Equity Transit - Tránsito de Equidad
www.EquityTransit.org
831-278-1007
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.

21.45 1840 41st Ave, Ste 102, #227
Capitola, CA 95010
831-278-1007
Santa Cruz City Council Members
809 Center Street, Room 10
Santa Cruz, CA 95060
May 22, 2023
RE: 1-Support for Two-Way Bike Travel on West Cliff Drive and 2-Support Broadway Ave Complete Streets Improvements!
Dear Honorable Mayor Keeley and Santa Cruz City Council Members:

As a mom and youth mountain biking coach, I spent over 7 years taking groups of kids out onto our City Streets several times a week. My son and I ride on the city streets regularly. I can attest to the fact that our roads are designed for the SPEED of cars, not for the SAFETY of everyone.

Providing two-way bike and single one-way auto traffic on West Cliff and ensuring Broadway Ave is included in a ‘Complete Streets’ plan and design are critical projects moving our community towards safer street infrastructure and calms traffic speeds that lead directly to fewer injuries and deaths. We have an epidemic of traffic aggression, violence, and hence deaths and serious injuries in our community. Santa Cruz has some of the deadliest surface streets in the State of California! There are 3 main ways in which we can address our traffic violence issue; education, enforcement, and infrastructure. We also know that the high percentage of oversized vehicles now popular as status symbols in many communities also contributes to a higher death rate in a crash, especially to our pedestrians and cyclists.

Every 2-3 days someone is killed or seriously injured by a vehicle! This problem worsened as we moved through Covid. The rate of traffic violence has increased 30% during Covid years after a stunning 65% increase in traffic violence in the 10 years leading up to 2019! Speed kills! Typical surface road infrastructure in the United States and in Santa Cruz allows for cars to travel at speeds far beyond what is posted or safe, and our most vulnerable, our children biking to school, our elderly crossing the streets, and people with disabilities, wheelchair users and people who are blind, are at greatest risk. Our pedestrians and people riding bikes face a serious threat every time they cross or bike along the road. This has resulted in our community being a place where people who want to walk and bike do not do so because they do not feel safe. The more we can make our roads safer for all community members, not just those roaring down the road in 6,000-pound vehicles, the more people will feel safe getting out and biking and walking in our community.

We absolutely see prioritizing traffic calming and two-way bike lanes and one way auto traffic on West Cliff Drive as a way to improve safety. We also know that Complete Streets infrastructure on Broadway would provide safer passage for people coming to and from the West Side to the East Side. My family and friends ride from Live Oak to Natural Bridges and back regularly and Broadway and West Cliff are key routes from the Eastside to the Westside.

We can prevent serious loss of life and make walking and biking more enjoyable with these proposed changes.

Thank you for your consideration.

Sincerely,
Lani Faulkner, Director

21.46 1
Brittany Inclan
From: Andrew Hall <[email protected]>
Sent: Monday, May 22, 2023 3:59 PM
To: City Council
Subject: May 23rd agenda, item 21: Support increased access for all on West Cliff Drive Dear Mayor Keeley and Councilmembers,
As you consider the draft roadmap for a resilient West Cliff Drive that is accessible to all, I urge you to prioritize creating space for people on bikes that is separate from the vehicle lane and from the pedestrian path. This could be accomplished through a pilot of one-way car traffic for the length of West Cliff Drive. This design would increase safety, comfort, and enjoyment of West Cliff for everyone:

People walking would no longer be surprised by people on bikes who are moving at higher speeds • People walking would no longer be surprised by people on bikes who are moving at higher speeds • People driving would no longer need to share the road with people who are avoiding crowded conditions on the path by biking in the roadway
• There would be less air pollution impacting those recreating on west cliff. • People biking would have dedicated space, eliminating the need to navigate the crowded path or share the road with cars
• A one-way pilot for the length of West Cliff would direct drivers to Natural Bridges Drive and Mission Street, reducing neighborhood cut-through traffic
As you consider next steps, please prioritize a design that allows everyone to enjoy West Cliff Drive, whether they are walking, riding a bike, or driving.

Sincerely,
Andrew Hall
115 lighthouse Ave.

21.47 1
Brittany Inclan
From: Justin Tucker <[email protected]>
Sent: Monday, May 22, 2023 4:06 PM
To: City Council
Subject: May 23rd agenda, item 21: Support increased access for all on West Cliff Drive Dear Mayor Keeley and Councilmembers,
As you consider the draŌ roadmap for a resilient West Cliff Drive that is accessible to all, I urge you to prioriƟze creaƟng space for people on bikes that is separate from the vehicle lane and from the pedestrian path. This could be accomplished through a pilot of one-way car traffic for the length of West Cliff Drive. This design would increase safety, comfort, and enjoyment of West Cliff for everyone:

People walking would no longer be surprised by people on bikes who are moving at higher speeds.

People driving would no longer need to share the road with people who are avoiding crowded condiƟons on the path by biking in the roadway.

People biking would have dedicated space, eliminaƟng the need to navigate the crowded path or share the road with cars.

A one-way pilot for the length of West Cliff would direct drivers to Natural Bridges Drive and Mission Street, reducing neighborhood cut-through traffic.

As you consider next steps, please prioriƟze a design that allows everyone to enjoy West Cliff Drive, whether they are walking, riding a bike, or driving.

Sincerely,
JusƟn Tucker

21.48 1
Brittany Inclan
From: Allison Steitz <[email protected]>
Sent: Monday, May 22, 2023 4:10 PM
To: City Council
Subject: May 23rd agenda, item 21: Support increased access for all on West Cliff Drive Dear Mayor Keeley and Councilmembers,
As you consider the draft roadmap for a resilient West Cliff Drive that is accessible to all, I urge you to prioritize creating space for people on bikes that is separate from the vehicle lane and from the pedestrian path. This could be accomplished through a pilot of one-way car traffic for the length of West Cliff Drive. This design would increase safety, comfort, and enjoyment of West Cliff for everyone:
• People walking would no longer be surprised by people on bikes who are moving at higher speeds • People driving would no longer need to share the road with people who are avoiding crowded conditions on the path by biking in the roadway
• People biking would have dedicated space, eliminating the need to navigate the crowded path or share the road with cars
• A one-way pilot for the length of West Cliff would direct drivers to Natural Bridges Drive and Mission Street, reducing neighborhood cut-through traffic
As you consider next steps, please prioritize a design that allows everyone to enjoy West Cliff Drive, whether they are walking, riding a bike, or driving.

Sincerely,
Allison

21.49 1
Brittany Inclan
From: JRE <[email protected]>
Sent: Monday, May 22, 2023 4:12 PM
To: City Council
Subject: Please support a protected two-way bike route on Westcliff Dear Mayor Keeley and Councilmembers,
I live on the Lower Westside and I am writing to you about Westcliff Drive. Westcliff is a true gem and deserves to be cherished and designed thoughtfully in a way that maximizes beauty, safety, and access for all residents and visitors.

I am writing to ask you to create a space for people on bikes that is separate from the vehicle lane and from the multiuse path. This could be accomplished through a pilot of one-way car traffic for the full length of Westcliff.

Although the current multi-use bike and pedestrian path on Westcliff is a wonderful piece of infrastructure, it is overcrowded with an uneasy combination of slow-moving pedestrians and dogs, slow-moving bicycle cruisers, and faster-traveling bicyclists. If the faster-moving bicyclists were protected from traffic and thus felt safe using the road, I believe they would switch, even if they continued to have access to the multi-use path. This would reduce conflicts and increase enjoyment for all users.

A motor-vehicle one-way pilot for the length of West Cliff would direct drivers to Natural Bridges Drive and Mission Street, reducing neighborhood cut-through traffic.

Thank you for considering the best design of Westcliff to serve the needs of residents and visitors. -Jessica Jessica Evans
Seaside Street, Santa Cruz, 95060

21.50 1
Brittany Inclan
From: Christy Fairbairn <[email protected]>
Sent: Monday, May 22, 2023 4:30 PM
To: City Council
Subject: May 23rd agenda, item 21: Support increased access for all on West Cliff Drive Dear Mayor Keeley and Councilmembers,
As you consider the draft roadmap for a resilient West Cliff Drive that is accessible to all, I urge you to prioritize creating space for people on bikes that is separate from the vehicle lane and from the pedestrian path. This could be accomplished through a pilot of one-way car traffic for the length of West Cliff Drive. This design would increase safety, comfort, and enjoyment of West Cliff for everyone:
• People walking would no longer be surprised by people on bikes who are moving at higher speeds • People driving would no longer need to share the road with people who are avoiding crowded conditions on the path by biking in the roadway
• People biking would have dedicated space, eliminating the need to navigate the crowded path or share the road with cars
• A one-way pilot for the length of West Cliff would direct drivers to Natural Bridges Drive and Mission Street, reducing neighborhood cut-through traffic
As you consider next steps, please prioritize a design that allows everyone to enjoy West Cliff Drive, whether they are walking, riding a bike, or driving. Add some info on why West Cliff is important to you! Sincerely,
Christy Fairbairn - avid cyclist

21.51 1
Brittany Inclan
From: Ann Zweig <[email protected]>
Sent: Monday, May 22, 2023 4:51 PM
To: City Council
Subject: May 23rd agenda, item 21: Support increased access for all on West Cliff Drive Dear Mayor Keeley and Councilmembers,
As you consider the draft roadmap for a resilient West Cliff Drive that is accessible to all, I urge you to prioritize creating space for people on bikes that is separate from the vehicle lane and from the pedestrian path. This could be accomplished through a pilot of one-way car traffic for the length of West Cliff Drive. This design would increase the safety, comfort, and enjoyment of West Cliff for everyone to enjoy the beautiful scenery at their own pace.

As you consider the next steps, please prioritize a design allowing everyone to enjoy West Cliff Drive, whether walking, riding a bike, or driving.

I live five blocks from West Cliff and walk or ride it daily! Thanks for your consideration.

Ann Zweig.

21.52 1
Brittany Inclan
From: Amelia Conlen <[email protected]>
Sent: Monday, May 22, 2023 4:58 PM
To: City Council
Subject: May 23rd agenda, item 21: Support increased access for all on West Cliff Drive Attachments: 5.22 BikeSantaCruzCounty_West Cliff.pdf
Hello Mayor Keeley and Council members,
Please see attached for a letter from Bike Santa Cruz County regarding next steps on West Cliff Drive.

Sincerely,
Bike Santa Cruz County Board of Directors

21.53 May 22nd, 2023
Dear Mayor Keeley and Council members,
We appreciate the work of staff to adapt to the storm damage on West Cliff Drive and to lead a community process around next steps. As you consider the draft roadmap for a resilient West Cliff Drive that is accessible to all, we urge you to prioritize creating space for people on bikes that is separate from the vehicle lane and from the pedestrian path. This could be accomplished through a pilot of one-way car traffic for the length of West Cliff Drive.

This design would increase safety, comfort, and enjoyment of West Cliff for everyone:
- People walking on the path would no longer be surprised by people on bikes who are moving at higher speeds.
- People driving would no longer need to share the road with people who are avoiding crowded conditions on the path by biking in the roadway. - People biking would have dedicated space, eliminating the need to navigate the crowded path or share the road with cars.
- A one-way pilot for the length of West Cliff would direct drivers to Natural Bridges Drive and Mission Street, reducing neighborhood cut-through traffic.

Transportation is the #1 source of emissions in the City of Santa Cruz, the county, and the state.

Building bike facilities that make more people feel safe riding bikes is a critical step towards reducing our emissions and building a livable, safe, and welcoming community. As you consider next steps, please prioritize a design that allows everyone to enjoy West Cliff Drive, whether they are walking, riding a bike, or driving.

Sincerely,
Amelia Conlen
Bike Santa Cruz County Board Chair

21.54 Matt Starkey/Nathan Nguyen
Transportation Manager/Director of Public Works
Infrastructurey Photo
West Cliff
Public Works Update

21.55 1 Public Works Approach
2 Infrastructure Update
3 Agenda
Transportation Update

21.56 Restore the Bluff and Damages
•Erosion and Bethany Curve Culvert
Engage Partners: Permits and Funding
•Caltrans, FEMA, FHWA, Coastal Commission,
and the Public.

Inform Coastal Adaptation
•Pilot one-way
•Traffic Evaluation
Public Works Approach

21.57 Infrastructure Update

21.58 21.59
Erosion Repairs
• Located at: 920, 932, 1016, & 1030 West Cliff
• Infill Wall vs Rip Rap
• Funding: FHWA, Local Match
• Timeline: Summer/Fall

21.60 Bethany Curve Culvert Repairs
• Assessment requires demolition
• 100-yr old structure (past its service life)
• Culvert and Seawall
• Resiliency/Betterments
• Extend walls
• Raise low point
• Timeline: Fall or Spring

21.61 Transportation Update

21.62 Pilot

21.63 Pilot
Bridge Closure
Cliff Erosion

21.64 Traffic Counts and Analysis
• Data Collection Underway
• Traffic counts collected in February
• Traffic counts May 17th and Memorial Day Weekend
• Travel pattern analysis underway (next slide)
• Analysis Examples
• Disproportionate number of northbound vehicles on Almar and Woodrow
0 50
100
150
200
250
300
350
400
0:001:002:003:004:005:006:007:008:009:00
10:0011:0012:0013:0014:0015:0016:0017:0018:0019:0020:0021:0022:0023:00 Vehicles
Time of Day
Woodrow Avenue NB SB
0 50
100
150
200
250
300
350
400
0:001:002:003:004:005:006:007:008:009:00
10:0011:0012:0013:0014:0015:0016:0017:0018:0019:0020:0021:0022:0023:00 Vehicles
Time of Day
Almar Avenue NB SB

21.65 Location Based Data – Points of Origin - Daytime
April 2022
April 2023

21.66 Example Traffic Calming Process
Menu (City) Petition
(Neighborhood)
Evaluation and
Prioritization
(City)
Project
Confirmation
(Neighborhood)
Implementation
(City)

21.67 Outreach events
• Completed Events:
• “Garage” Meetings in Neighborhood
• Webinar on Traffic Calming Measures
• Open House
• Planned Opportunities:
• More “Garage” Meetings
• June 1st – On West Cliff
• June 4th – On West Cliff
• June 13th – Wharf Summer Concert Series
• Additional opportunities at other summer events on
WCD
Garage Meeting Photo

21.68 Timeline and Next Steps
May
Traffic Analysis
What can we learn from the
pilot’s travel pattern changes?
Public Engagement
Synthesize feedback on the pilot
and visions for West Cliff
August
Submit findings and
recommendations on the
pilot
Traffic Calming
Identify tools and approach
to mitigate the diversions.

Refine Pilot
Identify improvements based on
the analysis and engagement.

July

21.69 West Cliff Roadmap
Farallon Consulting

21.70 A Resilient
West Cliff,
Accessible for
All Roadmap

21.71 Support Functions
City Engagement &
Recovery Program
Scoping
Regulatory, Funder,
and Interagency
support
West Cliff Alignment
Roadmap

21.72 Purpose of Roadmap

21.73 West Cliff Roadmap

1.Aligning Vision

2.The Dynamic Coast

3.Adaptation Triggers and Thresholds

4.Post-disaster Projects (3 years)

5.Beyond Three Years: Projects By Triggers
and Thresholds

21.74 Roadmap Status
30+
Documents
reviewed
Potential
projects
Policies
identified
200+ 100+
Potential
triggers/thresholds
95+

21.75 Organizing Aligned Vision
Public Outreach
and Vision
Refinement
Prioritizing
WC Policies
and Projects
City of Santa Cruz Departments
Parks and Recreation, Water, City Manager, Public Works, Planning and Community Development, and Economic Development and Housing

21.76 Dynamic Coast
Recovery
Planning
Processes
Transportation
and Mobility
Park Space
Coastal
Management
Economic
Resilience

21.77 Triggers and Thresholds

21.78 Post-disaster Projects (0-3 years)
● Coastal Living Shoreline, Nature Based Solutions, Sand Management Feasibility Study ● Geotechnical Study of Sea Cave on the West Side of Lighthouse Point ● West Cliff Drive Sea Cave Stabilization
● West Cliff Stair Repair
● West Cliff Drive Stabilization
● West Cliff Bethany Curve Culvert
● West Cliff Resiliency and Accessibility
● West Cliff Drive One Way Pilot and Neighborhood Traffic Calming and Emergency Preventative Work
● West Cliff Intersection Improvements
● West Cliff Drive Multi-Use Path Pavement Rehabilitation ● Corrugated Metal Pipe (CMP) Storm Drain Replacement
● West Cliff Post Storm Recovery Resiliency (Community CA Senate Request) ● West Cliff’s Mitchell’s Cove Seawall Design (Community US Senate Request) ● Santa Cruz Coastal Adaptation Monitoring Network

21.79 Methods for Prioritizing Projects
● Projects following 3 years will be prioritized on balance with regulation, funding, adopted policy
● Whether policies and projects contribute to the long-term vision of West Cliff
● Emergency (0-3 years), short (<15 years), medium (15-30 years), and long-term (30+ years) priorities
● Some long-term projects may require prioritization now to move them forward
● Leveraging triggers to ensure policy implementation priorities are responding to current environmental conditions

21.80 Concurrent Document Updates
Capital
Investment
Program
(CIP) update
Local
Hazard
Mitigation
Plan (LHMP)
update
Local Coastal
Program
Amendment
(LCPA)
Emergency
Coastal
Development
Permit

21.81 How does the City Coordinate?
● Ongoing community conversations
● 16 person interdepartmental working group led by the City Manager’s Office
● Pending grant application to the Silver Jackets for a State and federal interagency support program, particularly
focused on nature-based solutions
● Technical assistance for federal and State Resource
Marketplace to match needs to resources
● Exploring possible interagency partnerships across land-side and bay-side jurisdictions

21.82 Next Steps
● May/June: Incorporate feedback from 5/23 Council meeting ○ Continue assessing policy prioritization and funding options ○ Ongoing federal and State Interagency coordination
● June 6: Webinar Outreach meeting
● June 7: In Person Outreach meeting
● June/July: Incorporate feedback from Outreach and City Council meetings
● August: Return to Council with updated Roadmap in coordination with other West Cliff relevant documents/projects

21.83 City Council

AGENDA REPORT
DATE: 05/09/2023
AGENDA OF: 05/23/2023
DEPARTMENT: City Manager
SUBJECT: FY 2024 Proposed Budget
RECOMMENDATION: Conduct the Fiscal Year (FY) 2024 Budget Hearings, receive presentations from the following departments, and provide feedback to staff for preparation of the FY 2024 Adopted Budget.

Schedule of presentations (subject to change):
1) City Fiscal Overview
2) Public Comment
3) Economic Development and Housing
4) Planning and Community Development
5) City Attorney’s Office
6) Homelessness Response

22.1 1
City of Santa Cruz FY 2024 Budget Hearings
May 23, 2023
Matt Huffaker, City Manager

22.2 Photo by Carlin Schelstraete
The City That Can
Atmospheric Rivers
COVID-19 Recovery
Inflation
Uncertainty
Resilient Strong Together
2 22.3
What We Did
Organizational Capacity
Storm Response and Recovery
Housing – Regional Housing Needs Allocation
Downtown Projects
Homelessness Response
OVO & Safe Parking Programs
Climate Action 2030
+ Many More!
Photo by Carlin Schelstraete
3 22.4
Innovate
- Delivery of
Services
- Investments
- Revenue Streams
Inform
- Residents
- Council
- Businesses
- Staff
Invest
- People
- Services
- Infrastructure
Fiscal Year 2024 and Beyond
4 22.5
Fiscal Year 2024
Proposed Budget
Elizabeth Cabell, Finance Director
May 23, 2023

22.6 1 Process, Focus, Theme
2 General Fund
3 Capital Investment Program
Agenda
4 Other Funds
6 Comments, Questions
5 After 2024

22.7 City Council Goals and
Priorities
Budget Development
Mid Cycle Review and
Budget Adjustments
Proposed Budget
Available for Public
Review, Community
Engagement
Budget Public Hearings
and Budget Adoption
New Fiscal Year Begins,
Review Previous Fiscal
Year-End
October - February
January- May
February
May
May - June
July - October
FY 2024 Budget Process

22.8 Focus Areas
Fiscal
Sustainability
Efficient Service Delivery
New and Improved Funding Sources
Downtown and
Business
Revitalization
Downtown Reinvestment
Economic Recovery and Resiliency
Increase Affordable & Market Rate Housing
Infrastructure
Green Economy and Workforce
Parks, Recreation & Open Spaces
Resiliency & Improvements

22.9 FY 2024 Budget Themes
Inform Invest Innovate
People
Infrastructure
Service
Transparency
Information
Resources
Creative Solutions
Long Range
Financial Plan

22.10 Cost Allocation Plan
Salary Vacancy Rates
Updated Insurance Allocation
Reduction of CIP Transfer
New in the
FY 2024
Budget

22.11 General Fund
Revenues and Expenditures
133.56
132.09
0 20
40 60
80 100
120
140
FY 2019 Actuals FY 2020 Actuals FY 2021 Actuals FY 2022 Actuals FY 2023 Estimated FY 2024 Proposed Millions
Expenditure Revenue

22.12 $.M $5.M $10.M $15.M $20.M $25.M $30.M
Fees and Charges
Transient Occupancy Tax
Property Tax
Sales Tax
General Fund Revenue Trends
FY 24 Proposed FY23 Estimated FY22 Actual FY2021 Actual FY20 Actual FY19 Actual

22.13 General Fund Expenditures
Expenditure Categories FY 2023
Estimated
Actuals
FY 2024
Proposed
Budget
Comments
Personnel Services 72,476,041 80,518,479 11% increase over FY 2023 YEE, 9% increase over FY 2023 Adopted Services, Supplies & Other Charges 33,199,683 43,075,704 FY 2024 Includes $10M in cost allocation Capital Outlay 4,101,417 250,000 FY 2023 unspent capital outlay will be carried forward into FY 2024 Debt Service 2,260,209 2,414,317
Transfers:

To General CIP & Streets 10,399,405 2,000,000 $1M to General CIP, $1M to Streets for Measure H CIP project transfers will be carried forward into FY 2024 To Other General Funds 3,262,575 2,864,844 Carbon Reduction, ED Trust, Children’s To Liability Fund 2,316,906 One time, now distributed to departments To IT Fund 3,467,832 2,440,000 $2M for ERP + on-going projects To Refuse 10,000
TOTAL 131,494,068 133,563,344

22.14 FY 2024
Expenditures
10 Department Not
Specified
7%
City Council
1%
City Manager
7%
City Attorney
1%
Human Resources
1%
Finance
3%
Information
Technology
5%
Police
25%
Fire
19%
Parks and
Recreation
13%
Library (City)
1%
Public Works
8%
Planning and
Community
Development
6%
Economic
Development
3%
$133.6M

22.15 General Fund Reserves
Operating
Emergency
Pension
Fund 132
Declared Emergency
Requires Council
Resolution
Fund 101
5% of operating XP
For unexpected
operational needs
Fund 132
Restricted for
pension costs
Requires Council
Resolution

5.26 7.32

9.45 0
5 10
15 20
25 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 Est
Millions
Operating Emergency Pension Reserve Goal

22.16 Capital
Investment
Program
$132.2M
Water, 31,910,865
Gas Tax,
13,575,000
Clean Rivers &
Beaches, 100,000
Streets & Roads, 3,600,000
General CIP, 49,797,000
Storm Water,
15,120,000
Parking, 100,000
Refuse,
200,000
Wastewater,
17,330,000
IT, 440,000
Other, 64,660,865

22.17 Citywide
Operating
Expenditures
Operating
General Fund
Other Funds
Special
Revenue
Funds
Enterprise Funds
Internal Service
Funds
General Tax dollars that pay
for recreation, public safety,
community development,
and administration
Water
Wastewater
Refuse
Parking
Stormwater
Fund Type
FY 2024
Proposed
Budget
Operating General Fund 133,563,344
Other Funds 8,910,179
Special Revenue Funds 24,659,602
Enterprise Funds 99,941,247
Internal Service Funds 36,177,788
TOTAL 303,252,160

22.18 Revenue Strategies
Budget & Rev Ad Hoc
2024 Ballot Measures
Cost Recovery Fee Study
Pursue State & Fed Funding
New hotels in FY 2025 and FY 2028
Expense Trends
Resume $5M transfer to CIP in FY 2025
$2M ERP set aside through 2027
Growth in employee benefits
Increases in Insurance costs
2024 and Beyond

22.19 2024 and Beyond
0 5
10 15
20 25
FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 Millions
Operating Emergency Pension Reserve Goal

22.20 Thank you
Questions/Comments/Direction
Elizabeth Cabell, Finance Director
May 23, 2023

22.21 FY 2024 Budget Hearings
Economic Development
and Housing
May 23, 2023
1 22.22
Agenda
• Core services
• Organizational Chart
• FY 2023 Achievements
• FY 2024 Budget
2 22.23
Core Services
• Business Services
• Housing Development &
Preservation
• Infrastructure Development &
Asset Management
• Arts & Culture
3 22.24
Business
Services

SUPPORT BUSINESS CREATION
• Permitting and technical assistance
• Promotion of small and local businesses

CONVENE BUSINESS LEADERS
• Collaboration for citywide and regional
economic development initiatives
• Connecting businesses with local talent

PROMOTE BUSINESSES GROWTH AND RETENTION
• Financing and incentives
• Beautification and site selection
4 22.25
Housing
Development
& Preservation

AFFORDABLE HOUSING CREATION AND ASSISTANCE
• Partnering on the development of new
affordable housing projects
• Providing key funding and assistance to
affordable housing projects in community
• Housing Agreements for all housing projects in
community

AFFORDABLE HOUSING PRESERVATION
• Monitoring and administration of affordable
housing programs and regulations
• Connecting residents with housing resources

HOUSING & COMMUNITY DEVELOPMENT
• State, federal, and local funding for affordable
housing and programs serving low-income
residents including administering CDBG and
HOME funds
5 22.26
Infrastructure
Development

PROJECT PLANNING FOR CITY SPONSORED

PROJECTS
• Public outreach, planning, property assemblage
and developing funding streams
• Project management from inception to project
occupancy, interdepartmental coordination and
community meetings
• Grant seeking and funding support
6 PROJECT REVIEW & CONCEPT CONSULTING FOR

PRIVATE PROJECTS
• Negotiation of agreements for activation of
public spaces and viability of commercial spaces
• Leveraging public-private investment to
maximize public benefits

PROJECT MANAGEMENT FOR CITY SPONSORED

PROJECTS

22.27 Asset
Management

MASTER PLANNING FOR CITY PROPERTIES
• Promoting vitality of economic engines
• Maintaining City assets

ACQUISITIONS AND DISPOSITIONS
• Purchase of opportunity sites sales of surplus
property (e.g. Skypark, Caltrans, etc.)

LEASING AND ASSETS
• Attraction of tenant leasing for City use
• Maintenance and repair improvements
7 22.28
Arts & Culture PUBLIC ARTS PROGRAMS
• Mural Matching Grant and SculpTour
• Graphic traffic signal boxes
• Santa Cruz Recycled Art

SPONSORSHIPS AND PROJECTS
• Support of community groups and initiatives to
activate public places

ENERGIZING THE CREATIVE ECONOMY
• Promoting the art of business, networking, and
cohesion
8 22.29
Bulleted List
9 22.30
FY 2023 Achievements
• Business Services
• Housing Development &
Preservation
• Infrastructure Development &
Asset Management
• Arts & Culture
10 22.31
Business
Services

PERMANENT PARKLET PROGRAM
• Developed and implemented Ordinance
• Developed Parklet Incentive Program

MIDTOWN FRIDAYS
• Expanded weekly summer block party
• Made permanent improvements to the Cityowned midtown parking lot to support future events
DOWNTON POPS! VACANT STOREFRONT ACTIVATION
• Supported 4 businesses through short term leases
• Graduated two businesses into permanent
long term leases
11 22.32
Housing
Development
& Preservation

ANNUAL ACTION PLAN (AAP)
• Completed HUD AAP resulting in more than
$1M of new CDBG and HOME funding for
housing and community benefit programs and
projects

PROHOUSING DESIGNATION
• Submitted for designation to access grant
funding for affordable housing development
that can be leveraged to access transit and
infrastructure grant funding
GRANTS
• Administered and coordinated state LHTF grants of
$10M, AHSC funding of $29.6M, and IIG funding of
$20.9M ($65.5M) and secured $4M earmarks
• Submitted applications for additional IIG and AHSC
funding for Downtown Library Mixed Use Project
12 22.33
Infrastructure
Development
& Asset
Management

DOWNTOWN LIBRARY MIXED USE PROJECT
• Secured entitlements for 125 units of affordable
housing, daycare and a 35,000 sq ft library with
sustainable features
• Completed renovation of Del Mar retail
space and leased it as part of Downtown Pops!
13 THE WHARF
• Launched 1st Wharf pop-up Humble Sea
Brewing Company
• Revised and recirculated Wharf Master Plan EIR

DEL MAR THEATRE

22.34 Arts & Culture CARD PILOT PROGRAM
• Approved 15 applications, completed three
projects, and executed nine sponsorship
agreements

ARTS COMMISSION
• Launched 3 initiatives to activate public spaces
and promote the creative economy
• Connected disparate groups such as UCSC
performers & non-profit service providers; housed
& unhoused residents with artists through
projects to promote communication and new
collaborations. 14

BUILDING PARTNERSHIPS

22.35 FY 2024 Budget
• Overview
• Impact on Services
• Notables
15 22.36
16 FY 2024 Budget Overview: Operating Revenues
Resources By Fund
General Fund$61,300
Kiosk Fund$40,200
Co-op Retail Mgmt (CRM) $220,000
HUD-HOME$1,116,390
HUD-CDBG$707,493
Affordable Housing
Trust Fund
$587,837
SA/Housing$126,000
TOTAL$2,859,220

22.37 17
FY 2024 Budget Overview: Operating Expenditures
Expenditures By Function
Housing & Community
Development 15,732,601
Infrastructure & Asset Mgmt 217,000
Arts & Culture 140,875
Business Services 1,788,000
Personnel 1,947,710
Project Support & Planning 329,400
Cost Allocation Plan 954,621
TOTAL 21,110,207

22.38 Bulleted List
18 FY 2024 Housing Projects (Non-CIP)
Funding Source Project Amount
HOME Pacific Station North Metro $2,776,396
HOME-ARP Pacific Station North Metro $1,219,201
LHTF Pacific Station North Metro $4,750,000
AHTF Pacific Station North Metro $250,000
LHTF Downtown Library Affordable Housing $3,845,000
AHTF Downtown Library Affordable Housing $1,813,737
TOTAL $14,654,334

22.39 Bulleted List
19 FY 2024 CIP Portfolio (Non-Housing)
Current Projects
Downtown Alley Improvements $500,000
Lower Pacific Ave Improvements $3,185,000
Pacific Ave Beautification $1,000,000
Ocean Street Beautification $1,010,000
Farmers Market Structure $1,775,000
Downtown Library Affordable Hsing Project $3,119,760
Pacific Station North $2,089,000
Wharf Rehabilitation Projects $2,096,080
Tannery Dance & Performance Building $5,030,000
Broadband Infrastructure $150,717
Citywide Sign Program Phase II $577,606
TOTAL $20,533,162

22.40 20
Funding Efforts

GRANTS IN THE PIPELINE
State Library submittal 05/18/2023 $10,000,000
AHSC Round 2 submittal 04/04/2023 $33,000,000
Coastal Conservancy submittal 05/31/2023 $5,000,000
TOTAL $48,000,000

GRANTS NOT YET BUDGETED
Fed Earmark-Pac Station North $2,000,000
Fed Earmark-Library $2,000,000
IIG $20,900,000
AHSC $29,600,000
TOTAL $54,500,000

22.41 Bulleted List
21 FY 2024 Impact on Services

22.42 Bulleted List
22 Core Services in Context – Business Services

22.43 Bulleted List
23 Core Services in Context -
Housing Development & Preservation

1. Pacific Station North

2. Pacific Station South

3. Downtown Library Mixed Use Project

4. Cedar Street Family Apartments

5. Riverfront Apartments

6. Anton Pacific

7. 530 Front Street

22.44 Bulleted List
24 Core Services in Context – Infrastructure Development

22.45 Bulleted List
25 Core Services in Context – Arts & Culture

22.46 26
Economic Development
and Housing
Questions and Answers

22.47 FY 2024 Budget Hearings
Planning and Community
Development Department
May 23, 2023
1 22.48
Agenda
• Core Services
• Organization Chart
• FY 23 Achievements
• FY 24 Goals
• FY 24 Budget

MISSION
Enhance quality of life, safety, and civic pride for our community by providing land use and development
guidance through responsive, respectful, and efficient
public service.
2 22.49
Bulleted List
3 Land Use, Development, &
Community Engagement
Public Health &
Safety
Efficient Service Delivery
& Quality Customer
Service
Core Services

22.50 Bulleted List
4 22.51
Bulleted List
5 Above Photo Credit: Samuel Thayer, SC Sentinel

22.52 6
Director
Assistant Director

ADVANCE PLANNING
(3 FTE)

ADMINISTRATION
(6 FTE)
Principal
Management Analyst
Records Coordinator
Admin. Assistant III
Admin. Assistant I/II

CURRENT PLANNING
(7 FTE)
Principal Planner
Senior Planner
(2.0 FTE)
Principal Planner
Senior Planner
(3.0 FTE)
Associate Planner I/II
(3.0 FTE)
Planning & Comm.

Dev. Tech (2.0 FTE)

BUILDING & SAFETY
(11 FTE)

CODE & RENTAL
(6 FTE)
Chief Building Official
Management Analyst
Code Manager
Code Compliance
Supervisor
Code Compliance
Specialist (4.0 FTE)
Supervising Plans
Examiner
35 full time employees (FTE)
Green Building
Enviromental Specialist
Senior Building
Inspector (3.0 FTE)
Deputy Building
Official
Supervising Building
Inspector
Organization
Senior Plans Examiner
(2.0 FTE)

22.53 Bulleted List
7 Lee Eric

ADMINISTRATION
Viviane
Nydia
Tess
Allison
Mariana

PLANNING TECHS
Brianna*

ADVANCE PLANNING
Matt

PLANNERS
Clara
Susan* Rina
Tim
Mike*
Samantha

CODE & RENTAL
Jake Oscar
Laura
Ryan
Nancy
Sarah

PLANNERS
Ann
Jenna
CODE

BUILDING & SAFETY

INSPECTORS
Larry Joe
Phen*
Dean
John M. Megan
Michael*
*Temporary or contracted staff providing support
John

PLAN REVIEW RENTAL ADMIN ASSISTANTS

RECORDS
Tawana*
Kim
John
Colleen* Leticia*

DIRECTOR

CURRENT PLANNING

ASSISTANT DIRECTOR
Dom*

22.54 8
FY 2023 Achievements: 5th Cycle RHNA Met
Income
Category:

Very Low Low Moderate Above
Moderate
Total
5th Cycle
RHNA
180 118 136 313 747
Approximate
Totals
through
May 15, 2023
216 461 233 805 1,715
910 affordable units (53%)

22.55 9
RHNA Cycle Comparisons
Income
Category:

Very Low Low Moderate Above
Moderate
Total
5th Cycle
RHNA
180 118 136 313 747
Approximate
5th Cycle
Total through
May 15, 2023
216 461 233 805 1,715
6th Cycle
RHNA
859 562 709 1,606 3,736

22.56 10
Affordable
Housing Units
Permanent Supportive
Housing Units
Total Units
>2,600 >880 ~224
FY 2023 Achievements: Pipeline Housing Statistics

22.57 11
FY 2023 & FY 2024: Projects
Calvary Church Pacific Front Laurel La Bahia Pacific Station South Coral Street Jessie Street Front St/Riverfront 130 Center 530 Front Library Project 900 High Street Pacific Station North Delaware Addition Cruz Hotel Food Bin

22.58 12
Over 1,650
Building Permits
Issued
Over 11,500
phone calls &
individuals served
Building Permit
Valuation
>$120M*
Over 9,800
inspections
completed
FY 2023 Achievements: Statistics
*Actual valuation is 2-3x this amount.

22.59 13
Objective
Standards
Downtown
Expansion Plan
Sidewalk Vending
Ordinance
Implementation
FY 2023 Achievement: Policy & Implementation
Housing
Element

22.60 14
FY 2024 Goals
Housing Element
Certification
Land Management
System Update
Downtown Plan
Expansion
Continue customer
service
improvements

22.61 Bulleted List
15 FY 2024 Proposed Budget of $9M
Personnel Services
$5,960,482
Services & Supplies
$3,103,158
Capital Outlay
$5,000
66% 34% <1%

22.62 Bulleted List
16 FY 2024 Proposed $9M Budget: Expenditures by Activity Planning
Administration
Current
Planning
Advance Planning
Building &
Safety
Code Enforcement
Rental Program Sidewalk Vending Program
(2%) Planning Administration
Current Planning
Advance Planning
Building & Safety
Code Enforcement
Rental Program
Sidewalk Vending Program
28%
17%
12%
30%
8%
3%

22.63 Bulleted Lit
17 FY 2024 Proposed Budget: Revenues v. Expenditures
$4,702,609
$6,146,000
$5,960,000
$1,668,475
$2,200,500
$3,103,000
$4,309,713
$4,464,000
$3,876,700
FY 2022
FY 2023
FY 2024
Revenue Expenditure: Services & Supplies Expenditure: Personnel Budgeted
Estimated
Actuals
Actuals

22.64 FY 2024 Budget Hearings
Planning and Community
Development Department
18 22.65
City Attorney’s Office (CAO)
Budget Hearings
May 23, 2023

22.66 22.67
CAO General Services –
Category Breakdown by Percentage
3 17
15 10.3 9.6 9
8 7 7 6.8
5 3.6

2.2 0
2 4
6 8
10 12
14 16
18 COUNCIL PRA CMO PLN ED WATER PW P&R PD/FIRE OTHER EMERG. FI/HR/IT Percentage of Services

22.68 Budget Comparison – Berkeley Study (2021)
4 City Total Population General Fund Budget
Total Budget –
All Funds City Attorney Budget
Alameda 79,316 $101,910,809 $269,937,446 $8,761,551
Berkeley 123,328 $201,681,763 $514,616,483 $4,676,381
Burbank 105,952 $199,000,904 $670,103,816 $4,165,511
Palo Alto 69,397 $196,973,000 $796,759,000 $3,485,154
Richmond 110,436 $160,198,985 $339,741,062 $2,042,238
Santa Clara 128,717 $247,403,251 $1,184,263,623 $2,604,084 Santa Cruz 65,807 $101,521,961 $323,190,566 $1,608,654
Santa Monica 93,593 $358,882,909 $613,588,819 $11,063,176 Santa Rosa 175,625 $178,627,854 $436,535,928 $3,631,343

22.69 CAO – Who Are We?
5 • Mission:
• Summary of Functions:
 Advisory
 Litigation
 Prosecution
 Risk Management
• Staffing:
 14 Attorneys
(11 FTEs)
 3 Paralegals
 3 Admin. Staff

22.70 Workplan Highlights
6 • Legal Support
• Maintain systems to provide timely and practical
information
• Community Development/Economic Development
• Code Enforcement
• Public Works/Water
• Police Department/City Clerk
• Litigation

22.71 7
QUESTIONS?

22.72 FY 2024 Budget Hearings
Homelessness Response
May 23, 2023
1 22.73
Agenda • Homelessness Response Action
Plan
• CA$14 & ARPA Funding • Citywide Homeless Response Budget & Expenditures • FY23 Achievements • Grant Funds Carry Over FY24 • Goals for FY24 2 22.74
City of Santa Cruz Strategic Plan: Bulleted List
April 2023
Focus Area: Homelessness Response
Goal Statement: Working with the County, move toward positive outcomes in homelessness response, safety and health, balancing the interests of persons who are unhoused, and the business community Proposed Strategies
• Reduce the presence and social and environmental impacts of encampments in the City • Create opportunities for youth activities to prevent future homelessness • Seek funding for capital investment for homelessness response • Contribute to the development of temporary shelter and interim housing in a manner that supports rehousing people • Collaborate with our community partners to create a regional approach to homelessness • Identify and leverage existing county resources and funding to connect individuals with resources • Provide services for people at risk of eviction to prevent homelessness • Maintain and update the Homelessness Response Action Plan, with specific focus on developing service delivery and accountability metrics
• Provide outreach services for people living outdoors and in vehicles so they can be connected to housing and support services
• Advocate with the state and federal government for improved mental health and substance use disorder support

22.75 Homeless Response 3 Year
Action Plan
March 2022 The HRAP was adopted by the City
Council to help guide and focus the City’s
efforts on homelessness over three years. The
plan implemented 2 major council initiatives:
 June 2021 CSSO was adopted – 150
Emergency Shelter beds
 November 2021 OVO was adopted – Safe
Parking Program
 The Plan was funded by a one-time California
State Grant of $14 Million & $4.7 ARPA Funds

22.76 CA $14 & ARPA
 Grant funding crosses several fiscal years
 Not all Grant funds budgeted in have been spent
 Staff capacity to undertake all projects
 Bid-Process, Locating facilities, obtaining service providers  As a result – Carry Forward of $6.0 One-Time Funds
Homelessness Response 3 Year Action Plan BUDGET EXPENDITURES Carry Over ARPA $ 4,746,654 $ (4,045,714) $ 700,940
California $14 Million $ 14,001,543 $ (8,641,685) $ 5,359,858 TOTAL CA $14 & ARPA $ 18,748,197 $ (12,687,399) $ 6,060,798

22.77 Homeless Response City Wide
• FY22: ARPA Funds
• Benchlands Sanctioned Camp, HRT Staffing
• FY23: Primarily ARPA & CA $14 Funds
• City Managers Office:
o Homeless Response Action Plan Projects: Safe Sleeping Programs (Armory/Safe Parking/1220), Staffing, & Encampment Clean-up/Support & Partnership
• Public Works & Police Dept: Staffing Costs
• FY24: General Fund only
• Costs are primarily staffing, CoC, Homeward Bound & Internal Service Charges FY22 Act FY23 Adj Budget FY23 Est Act FY24 Budget
City Managers Office $1,269,206 $10,048,223 $4,807,168 $1,458,245 Public Works Dept $0 $669,930 $480,370 $845,510
Police Dept $0 $234,416 $211,373 $341,028
Econ Dev $0 $365,153 $340,000 $0
Total $1,269,206 $11,317,722 $5,838,911 $2,644,783
CIP (CA $14 &ARPA) $8,560,345 $5,515,246

22.78 Temporary Shelters,
$5.0M, 40%
Homelessness
Response Team,
$1.2M, 7%
Housing Assistance,
$150,000, 1%
Encampments, $1.4,
10%
Consultants,
$100,000, 1%
Permanent Supportive
Housing Activities, $4.6M,
39%
CA $14 & ARPA Expenditures
$12.6

22.79 Bulleted List
8 Additional Homelessness Related Response- Contracts
Downtown Streets Team: $375,000 (various dept)
HOPES: Homeless Outreach, Proactive Engagement and Services Team: $180,000
DOW: Downtown Outreach Workers: $100,000
Mental Health Liaisons: $150,000
• Does not include CORE Funding
• Fund 6103

22.80 Accomplishments: Dedicated Homeless Response Staff Deputy City
Manager
.5 Communications
Specialist
Homeless
Response
Manager
Homeless
Services
Coordinator
.75 Outreach
Specialists
.75 Outreach
Specialist
.5 Outreach
Specialist
Public Works
Homeless
Response
Supervisor
Senior HR Field
Crew Worker
HR Field Crew
Worker
HR Field Crew
Worker
HR Field Crew
Worker**
Police Department
Community Service
Officer
Community Service
Officer
Sergeant (1)

0.5 PMA

22.81 Action Plan Accomplishments
Implemented the City’s 3-year Homelessness Response Action Plan Provided Shelter to over 400 individuals
Supported the Re-housing of 62 formerly unhoused individuals Open the City Overlook (Armory) shelter program (135 capacity) Established the 1220 River St Transitional Community Camp (30 capacity) Established the City’s Safe Parking Program (27 vehicles) Safely and humanely closed the Benchlands Encampment

22.82 Action Plan Accomplishments
Opened a Severe Weather Shelter: open 19 nights
Purchased property on Coral Street for potential Navigation Center Began the Coral Street Visioning Project
Retained a Legislative Advocate to form regional partnerships Provided $150,000 in Tennant Based Rental Assistance serving families Pre-Development Grant RFP issued
Integrated Health Response Team: retained a consultant to analyze the potential for a new City program (Mobile Crisis Response)

22.83 Not Yet
Implemented
from the CA
$14 & ARPA
Shelter Infrastructure (funding for pallet shelters)
RV Dump Station
Storage facility/program
Additional transitional camp
Navigation Center Pre-design
Additional indoor shelter facility

22.84 Use of Remaining $6 M in One-Time Funds FY24
All Programs supported by the CA $14 & ARPA were OneTime Sources Staff is recommending reallocating the remaining funds ($6 Million) to support several important programs and not fund other planned initiatives.

Re-evaluate funding availability at Mid-Year for remaining programs.

22.85 Reallocation of current
remaining CA $14 &
ARPA($6M) UNFUNDED
Program Costs
Shelter Infrastructure - Pallet shelters $1,076,000
City Overlook - Armory -Full capacity (135 spots) $4,800,000 Safe Parking - General -RV dump station maintenence $200,000 Storage Program -Rental and operation costs $230,000
1220 River St. Transitional Community Camp $80,000
Safe Parking (all 3 Tiers)

$529,575
Encampment Response and Clean-up $230,000
Additional Transitional Community Camp $106,000
Nav. Center Phase 1&2 -Pre-development work $610,500
Severe Weather Shelter (New) $142,000
Alternative/Additional shelter (New) $600,000
Mobile Crisis Response (New) $1,500,000
Total Costs $6,011,575 $4,092,500
Recommended Use of One-Time Funds FY24

22.86 GOALS FOR FY24 AND
BEYOND
• Reduce the impacts of Encampments
• Continue to Support Temporary Shelter
Programs
• Continue to provide outreach services
• Create a Severe Weather Shelter Program
• Create a Storage Program
• Continue a Safe Parking Program
• Implement an Integrated Health Response
Team
• Obtain Sustainable Funding Sources

22.87 16
Questions or Comments

22.88 Bulleted List
17 OPERATIONS Budget Expenses
Staffing: Homeless Response Team $ 1,258,482 $ (1,070,482) Basic Services: $ 7,877,370 $ (5,505,672)
Armory $ 3,876,622 $ (4,458,508)
Safe Parking Programs $ 788,560 $ (431,425)
Safe Parking General: RV Pump Service $ 564,900
1220 River Transisitional Camp $ 293,716 $ (83,199)
Storage $ 60,000 $ -
Rental Assistance $ 150,000 $ (150,000)
2nd Transitional Camp $ 106,858
Shelter Expansion $ 1,300,000 $ (5,500)
Homeless Response Cleanup $ 520,000 $ (200,000)
Benchlands Injunction Camp $ 199,719 $ (160,045)
Storm Water Fencing $ 16,995 $ (16,995)
Partnerships $ 1,052,000 $ (596,000)
Administration & Mangement $ 552,000 $ (96,000)
Predevelopment for Permanent Supportive Housing $ 500,000 $ (500,000) CAPITAL $ 8,560,345 $ (5,515,246)
Safe Parking General: RV Pump Station (CIP) $ 155,000
Purchase 125 Coral Street $ 3,011,543 $ (3,011,543)
Design/predesign for Navigation Center $ 710,000 $ (99,500) Hygiene Bay Repairs Housing Matters $ 2,607,802 $ (1,504,202) Benchlands Closure/Restoration $ 1,000,000 $ (900,000)
Shelter Infrastructure $ 1,076,000 $ -
TOTAL CA $14 & ARPA $ 18,748,197 $ (12,687,399)

22.89 23.1

24.1 24.2