Agenda packet — Santa Cruz City Council, August 22, 2023 (part 2 of 2)

EXTENT PERMITTED BY LAW, THE LIMITED WARRANTY SET

FORTH HEREIN IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER

WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF

LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY

IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A

PARTICULAR PURPOSE AND/OR WARRANTY FOR HIDDEN OR

LATENT DEFECTS, AND IN NO EVENT WILL ZF OR ANY OF ITS

AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL,

PROGRESSIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY
KIND.

TERMS AND CONDITIONS

9.136
(7) Legal action. Any legal action or claim arising from or related to this Warranty, in contract or otherwise, must be commenced within one year from the accrual of that cause of action, or be barred forever. Any dispute arising in connection with this agreement shall be governed by and construed according to the laws of the State of Michigan and be brought, heard and determined exclusively in either the Circuit Court for the County of Oakland, State of Michigan or the United States District Court for the Eastern District of Michigan. The parties stipulate that the referenced venues are convenient.
(8) Remedy. The exclusive remedy under this warranty shall be the repair or replacement of the defective component at ZF's option. ZF reserves the right to require that all applicable covered components are available and/or returned to ZF for review
and evaluation. THE MAXIMUM LIABILITY, IF ANY, OF ZF FOR ALL

DAMAGES, INCLUDING WITHOUT LIMITATION CONTRACT

DAMAGES, BREACH OF WARRANTY, NEGLIGENCE, STRICT

LIABILITY, OR OTHER TORT, IS LIMITED TO AN AMOUNT NOT TO EXCEED THE PURCHASE PRICE OF THE PRODUCT and where
indicated in the product and application warranty information above, the inclusion of labor is limited to the standard repair time. THE

PARTIES ACKNOWLEDGE AND AGREE THAT THE LIMITATION

OF DAMAGES PROVISION SET FORTH IN THIS PARAGRAPH

SURVIVES BETWEEN THE ORIGINAL END USER AND ZF EVEN IF

THE EXCLUSIVE REMEDY SET FORTH ABOVE IS DEEMED TO FAIL
OF ITS ESSENTIAL PURPOSE. ZF may change the design or make improvements to its Products without incurring any warranty obligation for previously manufactured Product .
(9) Entire Agreement. This is the entire agreement between ZF and the Owner about warranty and no, ZF employee, or dealer is authorized to make any additional warranty on behalf of ZF unless in writing and signed by an authorized representative of ZF.

9.137
About ZF Friedrichshafen AG
ZF is a global technology company and supplies systems for passenger cars, commercial vehicles and industrial technology, enabling the next generation of mobility. ZF allows vehicles to see, think and act. In the four technology domains Vehicle Motion Control, Integrated Safety, Automated Driving, and Electric Mobility, ZF offers comprehensive solutions for established vehicle manufacturers and newly emerging transport and mobility service providers. ZF electrifies different kinds of vehicles. With its products, the company contributes to reducing emissions and protecting the climate.

ZF, which acquired WABCO Holdings Inc. on May 29, 2020, now has 160,000 employees worldwide with approximately 260 locations in 41 countries. In 2019, the two then-independent companies achieved sales of €36.5 billion (ZF) and $3.4 billion (WABCO). For more information, visit: www.wabco-na.com
© 2021 ZF CV Systems North America LLC - All rights reserved - SP1375 / 2.2021 For further product details contact your distributor or the WABCO Customer Care Center at 855-228-3203.

9.138
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0012

1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL

OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

2. DISCLAIMERS OF WARRANTIES
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.

This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

This warranty applies only to the cab tubular support and mounting structures and other structural components of the cab of the vehicle model, as identified in the Pierce
specifications for the Fire and Rescue Apparatus.

This warranty does not apply to damage caused by corrosion.

Conditions and
Exclusions:

See Also
Paragraphs
2 thru 4
Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:

Fire and Rescue Apparatus
Coverage:

Ten (10) Year Structural Integrity
Custom Cab
Ten (10) Years
- or -
100,000 Miles
Warranty Period
Ends After:

The date of the original purchase invoice (issued when the product ships from the factory). Warranty Begins:

The Pierce Custom Cab shall be free from structural failures caused by defects in material and workmanship
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.

If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.

Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.

3. BUYER'S EXCLUSIVE REMEDY.

9.139

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

3. BUYER'S EXCLUSIVE REMEDY.

Fire and Rescue Apparatus
Coverage:

Ten (10) Year Pro-Rated Paint and Corrosion
Cab
Ten (10) Years Warranty Period
Ends After:

The date of the original purchase invoice (issued when the product ships from the factory). Warranty Begins:

Exterior surfaces of the cab painted by Pierce shall be free from blistering, peeling, corrosion or any other adhesion defect caused by defective manufacturing methods or paint material selection.
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:

Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0055

1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL

OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

This limited warranty is applicable to the vehicle in the following percentage costs of warranty repair, if any:

Topcoat Durability & Appearance: Gloss, Color Retention & Cracking
0-72 months 100%
73-96 months 50%
97-120 months 25%
Integrity of Coating System: Adhesion, Blistering/Bubbling 0-36 months 100%
37-84 months 50%
85-120 months 25%
Corrosion: Dissimilar Metal and Crevice
0-36 months 100%
37-48 months 50%
49-72 months 25%
73-120 months 10%
Corrosion Perforation
0-120 months 100%
This limited warranty applies only to exterior paint. Paint on the vehicle's interior is warranted only under the Pierce Basic One Year Limited Warranty.

Items not covered by this warranty include:
(a) Damage from lack of maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and maintenance manual).
(b) UV paint fade.
(c) Any cab not manufactured by Pierce.

Conditions and
Exclusions:

See Also
Paragraphs
2 thru 4

9.140
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0014

1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL

OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

This limited warranty applies to all of the control modules for the Command Zone system, including the full color graphic displays. Related wire harnesses, cables and connectors are not covered under this limited warranty and are instead covered under the Pierce One Year Basic Apparatus Limited Warranty.

Conditions and
Exclusions:

Fire and Rescue Apparatus
Coverage:

Five (5) Year Material and Workmanship
Command Zone Electronics
Five (5) Years Warranty Period
Ends After:

The date of the original purchase invoice (issued when the product ships from the factory). Warranty Begins:

Command Zone control modules shall be free from failures caused by defects in material and workmanship
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

3. BUYER'S EXCLUSIVE REMEDY.

9.141
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 1/11/2011 WA0188

1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL

OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

This limited warranty does not apply to related wire
harnesses, cables, and connectors, which are covered by the Pierce one (1) year basic apparatus limited warranty.

Conditions and
Exclusions:

Fire and Rescue Apparatus
Coverage:
54 Months Material and Workmanship
Camera System
Fifty - Four (54) months Warranty Period
Ends After:

Warranty Begins: The date of delivery.

This limited warranty covers repairs to correct any defect related to materials or workmanship of the Sharpvision
camera system installed on the apparatus occuring during the warranty period.
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

3. BUYER'S EXCLUSIVE REMEDY.

9.142
Fire and Rescue Apparatus
Coverage:

Ten (10) Year Material and Workmanship
Pierce 12V LED Strip Light
Limited Warranty
Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:

This limited warranty covers repairs to correct any defect related to materials or workmanship of the Pierce 12V LED strip lights installed on the apparatus occuring during the warranty period.

1. LIMITED WARRANTY
(b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; The date of the original purchase invoice (issued when the product ships from the factory). Warranty Begins:

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

This limited warranty does not apply to related wire
harnesses, cables, and connectors, which are covered by the Pierce one (1) year basic apparatus limited warranty.

Conditions and
Exclusions:

See Also
Paragraphs
2 thru 4

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

3. BUYER'S EXCLUSIVE REMEDY.
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce.

Ten (10) Year Warranty Period
Ends After:

OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

9.143

NEW PRODUCT WARRANTY

PARTICIPATING OEM SALES

DISTRIBUTOR SALES

LIMITED WARRANTY ON NEW ALLISON AUTOMATIC TRANSMISSIONS

USED IN EMERGENCY VEHICLE APPLICATIONS
Allison Transmission will provide for repairs or replacement, at its option, during the warranty period of each new Allison transmission listed below that is installed in an Emergency Vehicle in accordance with the following terms, conditions, and limitations.

WHAT IS COVERED
 WARRANTY APPLIES — This warranty is for new Allison transmission models listed below installed in an Emergency Vehicle and is provided to the original and any subsequent owner(s) of the vehicle during the warranty period.  REPAIRS COVERED — The warranty covers repairs or replacement, at Allison Transmission’s option, to correct any transmission malfunction resulting from defects in material or workmanship occurring during the warranty period. Needed repairs or replacements will be performed using the method Allison Transmission determines most appropriate under the circumstances.  TOWING — Towing is covered to the nearest Allison Transmission Distributor or authorized Dealer only when necessary to prevent further damage to your transmission.
 PAYMENT TERMS — Warranty repairs, including parts and labor, will be covered per the schedule shown in the chart contained in section “APPLICABLE MODELS, WARRANTY LIMITATIONS, AND ADJUSTMENT SCHEDULE.”  OBTAINING REPAIRS — To obtain warranty repairs, take the vehicle to any Allison Transmission Distributor or authorized Dealer within a reasonable amount of time and request the needed repairs. A reasonable amount of time must be allowed for the Distributor or Dealer to perform necessary repairs.
 TRANSMISSION REMOVAL AND REINSTALLATION — Labor costs for the removal and re-installation of the transmission, when necessary to make a warranty repair, are covered by this warranty.  WARRANTY PERIOD — The warranty period for all coverages shall begin on the date the transmission is delivered to the first retail purchaser, with the following exception:

Demonstration Service - A transmission in a new truck or bus may be demonstrated to a total of 5000 miles (8000 kilometers).

If the vehicle is within this limit when sold to a retail purchaser, the warranty start date is the date of purchase. Normal warranty services are applicable to the demonstrating Dealer. Should the truck or bus be sold to a retail purchaser after these limits are reached, the warranty period will begin on the date the vehicle was first placed in demonstration service and the purchaser will be entitled to the remaining warranty.

APPLICABLE MODELS, WARRANTY LIMITATIONS, AND ADJUSTMENT SCHEDULE

WARRANTY LIMITATIONS
(Whichever occurs first)

ADJUSTMENT CHARGE TO BE

APPLICABLE PAID BY THE CUSTOMER
MODELS
Months
Transmission Miles
Or Kilometers Parts Labor
MT, MD
3000, 3200, 3500, 3700 0–24 No Limit No Charge No Charge HT with Hydraulic Controls 0–24 No Limit No Charge No Charge AT, 1000 Series, 2000 Series,
2400 Series 0–36 No Limit No Charge No Charge
HT with Electronic Controls 0–60 No Limit No Charge No Charge HD
1000 EVS, 2100 EVS, 2200 EVS
2350 EVS, 2500 EVS, 2550 EVS,
3000 EVS, 3500 EVS, 4000,
4000 EVS, 4500, 4500 EVS, 4700,
4700 EVS, 4800, 4800 EVS
0–60 No Limit No Charge No Charge

Page 1 of 2 ends

9.144

WHAT IS NOT COVERED
 DAMAGE DUE TO ACCIDENT, MISUSE, or ALTERATION — Defects and damage caused as the result of any of the following are not covered:
— Flood, collision, fire, theft, freezing, vandalism, riot, explosion, or objects striking the vehicle; — Misuse of the vehicle;
— Installation into unapproved applications and installations; — Alterations or modification of the transmission or the vehicle, and — Damage resulting from improper storage (refer to long-term storage procedure outlined in the applicable Allison Service Manual) — Anything other than defects in Allison Transmission material or workmanship NOTE: This warranty is void on transmissions used in vehicles currently or previously titled as salvaged, scrapped, junked, or totaled.  CHASSIS, BODY, and COMPONENTS — The chassis and body company (assemblers) and other component and equipment manufacturers are solely responsible for warranties on the chassis, body, component(s), and equipment they provide. Any transmission repair caused by an alteration(s) made to the Allison transmission or the vehicle which allows the transmission to be installed or operated outside of the limits defined in the appropriate Allison Installation Guideline is solely the responsibility of the entity making the alteration(s).  DAMAGE CAUSED by LACK of MAINTENANCE or by the USE of TRANSMISSION FLUIDS NOT RECOMMENDED in the OPERATOR’S MANUAL — Defects and damage caused by any of the following are not covered:
— Failure to follow the recommendations of the maintenance schedule intervals applicable to the transmission; — Failure to use transmission fluids or maintain transmission fluid levels recommended in the Operator’s Manual.  MAINTENANCE — Normal maintenance (such as replacement of filters, screens, and transmission fluid) is not covered and is the owner’s responsibility.
 REPAIRS by UNAUTHORIZED DEALERS — Defects and damage caused by a service outlet that is not an authorized Allison Transmission Distributor or Dealer are not covered.
 USE of OTHER THAN GENUINE ALLISON TRANSMISSION PARTS — Defects and damage caused by the use of parts that are not genuine Allison Transmission parts are not covered.  EXTRA EXPENSES — Economic loss and extra expenses are not covered. Examples include but are not limited to: loss of vehicle use; inconvenience; storage; payment for loss of time or pay; vehicle rental expense; lodging; meals; or other travel costs.  “DENIED PARTY” OWNERSHIP — Warranty repair parts and labor costs are not reimbursed to any participating or non-participating OEMs, dealers or distributors who perform warranty work for, or on behalf of, end users identified by the United States as being a “denied party” or who are citizens of sanctioned or embargoed countries as defined by the U.S. Department of Treasury Office of Foreign Assets Control. Furthermore, warranty reimbursements are not guaranteed if the reimbursement would be contrary to any United States export control laws or regulations as defined by the U.S. Department of Commerce, the U.S. Department of State, or the U.S. Department of Treasury.

OTHER TERMS APPLICABLE TO CONSUMERS AS DEFINED by the MAGNUSON-MOSS WARRANTY ACT This warranty gives you specific legal rights and you may also have other rights which vary from state to state.

Allison Transmission does not authorize any person to create for it any other obligation or liability in connection with these transmissions.

ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLICABLE TO THESE TRANSMISSIONS IS LIMITED IN DURATION TO THE DURATION OF THIS WRITTEN WARRANTY.

PERFORMANCE OF REPAIRS AND NEEDED ADJUSTMENTS IS THE EXCLUSIVE REMEDY UNDER THIS WRITTEN WARRANTY OR ANY IMPLIED WARRANTY. ALLISON TRANSMISSION SHALL NOT BE LIABLE FOR INCIDENTAL OR

CONSEQUENTIAL DAMAGES (SUCH AS, BUT NOT LIMITED TO, LOST WAGES OR VEHICLE RENTAL EXPENSES) RESULTING FROM BREACH OF THIS WRITTEN WARRANTY OR ANY IMPLIED WARRANTY.** ** Some states do not allow limitations on how long an implied warranty will last or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

OTHER TERMS APPLICABLE TO OTHER END-USERS

THIS WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE ALLISON TRANSMISSION MODELS LISTED

ABOVE AND IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALLISON

TRANSMISSION DOES NOT AUTHORIZE ANY PERSON TO CREATE FOR IT ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH SUCH TRANSMISSIONS. ALLISON TRANSMISSION SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM BREACH OF THIS WARRANTY OR ANY IMPLIED WARRANTY.

QUESTIONS
If you have any questions regarding this warranty or the performance of warranty obligations, you may contact any Allison Transmission Distributor or Dealer or write to:

Allison Transmission, Inc.

P.O. Box 894
Indianapolis, IN 46206-0894
Attention: Warranty Administration PF-9
Form SE0616EN (201009)

Page 2 of 2 ends

9.145
Warranty Begins:

The transmission cooler shall be free from component or structural failures caused by defects in material and/or workmanship. Collateral damage up to $10,000 per
occurrence is available for the first three (3) years.
(b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce.

Five (5) Years on Oil Cooler and three (3) years on collateral damage coverage
Warranty Period
Ends After:

Fire and Rescue Apparatus
Coverage:

Five (5) Year Material and Workmanship - Transmission Oil Cooler Three (3) Year Collateral Damage Coverage

1. LIMITED WARRANTY
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:

The date of delivery to the first retail purchaser.

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

This warranty does not cover repair due to accidents,
misuse, and excessive vibration, flying debris, storage damage (freezing), negligence or modification. This warranty is void if any modification or repairs are performed without authorization. This also voids any future warranty.

This warranty does not cover cost of maintenance or repairs due to lack of required maintenance services as
recommended. Performance of the required maintenance
and use of proper fluids are the responsibility of the owner.

Towing is covered to the nearest distributor or authorized dealer only when necessary to prevent further damage to your transmission.

Labor costs for the removal and reinstallation of goods may be covered when necessary to make repairs. Please contact your OEM for authorization.

Replacement of cooler during the warranty period is limited to 100% of reasonable labor costs up to a maximum of $700 to remove, replace, or repair the oil cooler.

Conditions and
Exclusions:

See Also
Paragraphs
2 thru 4

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE
POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.

3. BUYER'S EXCLUSIVE REMEDY.

ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

2. DISCLAIMERS OF WARRANTIES
capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.

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Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0009

1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL

OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

This warranty applies only to the body tubular support and mounting structures and other structural components of the body of the vehicle model, as identified in the Pierce
specifications for the Fire and Rescue Apparatus.

This warranty does not apply to damage caused by corrosion.

Conditions and
Exclusions:

Fire and Rescue Apparatus
Coverage:

Ten (10) Year Structural Integrity
Apparatus Body
Ten (10) Years
- or -
100,000 Miles
Warranty Period
Ends After:

The date of the original purchase invoice (issued when the product ships from the factory). Warranty Begins:

The apparatus body shall be free from structural failures caused by defects in material and workmanship
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

3. BUYER'S EXCLUSIVE REMEDY.

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Effective March 15, 2010
AMDOR Inc. TERMS OF BUSINESS AND GENERAL INFORMATION
Warranty:

All AMDOR Inc. roll-up door products are warranted for a period of 10 years from the date of delivery (with the exception of wet paint adhesion - please see below). AMDOR Inc. liability covers the replacement or repair of any component that fails due to defects in material and / or workmanship during the coverage period. We accept no liability for claims made for damages to any part (or parts) of a vehicle and / or machine (of any type) or injury claims by a person or persons assumed or alleged to have been brought about by the use or misuse of any product supplied by AMDOR Inc. Warranty coverage does not extend to door attachments including (but not limited to) decals, emblems, stripes and adhesives.

In order to initiate the claims process please contact your authorized representative of AMDOR Inc. Warranty claims must be accompanied by a written description providing full and reasonable details as to the nature of the defect. Upon receipt of your claim arrangements will be made to inspect the defective product (if necessary). Justified warranty claims will be repaired, exchanged, or credited to the customer's account at AMDOR Inc.'s discretion. All warranty claims must be approved in writing by the Customer Service Manager for AMDOR Inc. There are no exceptions to this clause.

Limited warranty coverage includes the labor associated with the disassembly and assembly of products deemed to be defective by AMDOR Inc. Labor allowances are based on a set time schedule as determined by AMDOR Inc. The maximum allowable hourly labor rate is $ 50. All warranty labor claims must be approved in writing by an authorized representative of AMDOR Inc. prior to commencement of work. Allowances for removal and installation:

Curtain replacement: 3/4 hour
Balancer replacement: 1 hour
Door ajar switch 3/4 hour
Bottom Panel Assembly: 1/2 hour
Slat replacement: 3/4 hour
Door removal and replacement 1 1/2 hours
Items authorized for return must be accompanied by a Return Goods Authorization (RGA) number. We will accept collect shipments of items deemed to be defective provided that they are returned via the most economical carrier. Should items be

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returned by means other than the most economical carrier the difference will be charged back to the sender.

AMDOR Inc. reserves the right to reject any claim when a product has been opened, interfered with or modified. Claims may also be rejected when damage to the product (or any sub-assembly) has been brought about by accident, misuse, abuse, vandalism, incorrect installation, temperature extremes, chemical exposure or any factor other than regular operating conditions.

Limited Wet Paint Match Adhesion Warranty
AMDOR Inc. warrants wet paint finishes applied by AMDOR utilizing our approved factory paint specification. All wet paint match colors must be approved in writing by an authorized OEM representative. AMDOR Inc. will provide a color spray out for this purpose. The time required for shipping and consideration of initial color spray outs will be considered over and above stated lead times. Warranty coverage will extend for a period of not less than 5 years from the date of delivery as determined by AMDOR Inc.'s Packing Slip. AMDOR reserves the right to determine whether individual units will be replaced and / or repaired by an AMDOR approved vendor. An allowance will be made for labor associated with the disassembly and assembly of individual units at the prescribed hourly rate of $ 50 per hour. Compensation for labor will not exceed the maximum time allowance permitted for door removal and replacement. Written approval including specified allowance for time must be obtained from AMDOR prior to initiating work. Warranty coverage will extend to the following visible paint system defects:

1./ Loss of mechanical adhesion as evidenced by peeling, cracking or blistering which exposes the substrate material.

2./ Corrosion of the substrate due to paint system failure.

3./ Fading which results in a substantial departure from the primary AMDOR approved body color.

Wet paint adhesion limited warranty coverage will be excluded when damages to the system are determined by AMDOR Inc. to be a result of the following:

1./ Damage caused through the use of attachments including (but not limited to) decals, labels, adhesives, non factory approved coatings.

2./ Loss of gloss, discoloration or damage due to improper maintenance (including but not limited to) mechanical wash systems, pressure washers, steam cleaners, non approved wash or polishing agents.

3./ Abuse, acts of nature, excessive heat / cold, chemical exposure, vandalism and / or accidents.

4./ Scratches, chips, abrasions, or dents from any source.

This document supercedes all previous written and / or verbal warranties provided by AMDOR Inc. and / or it's affiliates.

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Fire and Rescue Apparatus
Coverage:

Twenty (20) Year Structural Integrity
Pierce Aerial Device
Limited Warranty
Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:

Each new Pierce Aerial Device shall be free from defects in material and workmanship.

Aerial Device Models Covered by this warranty include:

Aerial Platforms
Aerial Ladders
SkyBoom

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

This warranty applies only to the torque box, turntable, aerial sections and other structural components of the aerial
device, as identified in the Pierce specifications for the aerial device. This warranty shall be void if, or to the extent that the aerial device is not maintained in strict compliance with NFPA Standard 1911 in effect at time of sale, including such periodic inspections and testing by qualified third parties as are required by that Standard as it may be in effect from time to time. Proof of such compliance shall accompany any
claims under this warranty. Third party testing agencies known to Pierce to be qualified for such purposes may be obtained from the Pierce Customer Service Department
This warranty does not apply to damage caused by
corrosion.

Conditions and
Exclusions:

See Also
Paragraphs
2 thru 4

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE
POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.

Twenty (20) Years
- or -
100,000 Miles
Warranty Period
Ends After:

ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

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{00046826;v2}
AMITY FIRE AND SAFETY, INC.
3750 CHESTNUT ROAD
ALBURTIS, PA 18011-0451
Phone: 610-966-3115
Fax: 610-965-6313
* STANDARD FIVE YEAR WARRANTY *
(standard warranty is in effect for parts shipped after 4/15/10) Three Function Swivel
A. PRESHIPMENT TESTING The Three Function Swivel fabricated by Amity which is exposed to pressure during normal use is subject to final inspection using the following pressure minimums:

1. Hydrostatic applications will be tested to 400 PSI unless specified otherwise on approved drawings. Operating pressures on installed systems are not to exceed 250 PSI at any point in the system. Warranty will be voided and Amity will not be held liable for failure and/or damage occurring from Water Hammering or freezing of water in any system.

2. Hydraulic applications will be tested to 4000 PSI. System operating pressure in application to be 3000 PSI maximum.

3. Dielectric and Continuity Test all circuits. 30 Amp max current loading.

B. THREE FUNCTION SWIVEL MAINTENANCE – Our Three Function Swivel has been fully tested at assembly. Under no circumstances is there to be any maintenance performed internally or externally to the Three Function Swivel by Purchaser or any other third party other than an authorized representative of or Amity itself. The Three Function Swivel is sealed and must remain so. The Three Function Swivel is designed for a long maintenance free life. Should any problems occur or replacement be necessary, first contact Amity. There is to be no field maintenance performed on the Three Function Swivel .

C. MOUNTING REQUIREMENTS – The following are the mounting requirements for the Three Function Swivel:

1. Mounting points and methods are to be determined at the initial design stage. All drawings and applicable documentation must be signed off by both parties and filed for future reference. No deviation to the approved mounting is allowed without approval from Amity.

2. The Three Function Swivel is to be mounted concentric to the center of the turntable bearing.

3. All inlet and outlet plumbing to conform to swivel mounting, under no circumstances is the Three Function Swivel to be positioned to match connections. This will avoid putting excessive loads on the Three Function Swivel. All tubing or piping to be supported by means other than the Three Function Swivel.

D. LIMITED WARRANTY, LIMITATIONS, CONDITIONS AND PROCEDURES REQUIRED.

1. The Three Function Swivel is warranted to be free of defects in labor and/or materials for a period of five (5) years from the Date of Service. For purposes here, “Date of Service” shall mean the date when the Three Function Swivel, or the unit to which the Three Function Swivel is incorporated, passes final Underwriters Laboratory testing, or similarly compliant testing, and is certified for service. Evidence of such Date of Service shall be required in connection with any warranty claim by Purchaser.

2. The Three Function Swivel shall be repaired or replaced at the sole option and expense of the Amity provided the Three Function Swivel alleged to be defective was used for its intended normal use of operation and subject to the following qualifications and limitations.

3. Any alteration of the Three Function Swivel without consent from Amity is strictly forbidden and shall void warranty.

4. No welding shall be performed on finished Three Function Swivel.

5. No responsibility is assumed for any malfunctions or damages which are occasionally caused by foreign objects which may be ingested into water or hydraulic systems such as, but not limited to stones, sand or metal chips.

6. Amity assumes responsibility for our Three Function Swivel, which is defective only, and therefore, it will not assume responsibility for labor to either remove or install our Three Function Swivel unless it agrees in writing to assume such responsibility.

7. Unless otherwise approved in writing by the Amity all returns of defective Three Function Swivels (or allegedly defective Three Function Swivels) are at Purchaser’s expense and must include a RGA number issued by the Amity.

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{00046826;v2}

8. All warranty claims must be presented at the time the problem occurs, or as soon as practical thereafter, either called or faxed to the Amity and include the numbers on the assembly’s Amity’s label with a detailed explanation of the difficulty in order for the matter to be appropriately evaluated and resolved.

9. Amity will not be held liable for damage incurred during shipment.

10. No responsibility shall be assumed for misuse or improper mounting, unreasonably use or abuse of the Three Function Swivel and or failure to provide or use improper maintenance, failure to follow written installation and use in instruction or any use other than the customary designed use.

THE REMEDIES PROVIDED IN THE ABOVE EXPRESS LIMITED WARRANTY AND ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE. NO OTHER EXPRESS WARRANTIES ARE MADE. ALL IMPLIED

WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE ARE LIMITED IN DURATION AS SET FORTH ABOVE. IN NO EVENT SHALL THE AMITY ASSUME OR BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES.

THE WITHIN DESCRIBED WARRANTY SHALL ONLY BE AFFORDED TO THE ORIGINAL PURCHASER OR FOR

INCORPORATION INTO ANOTHER UNIT AND TO FIRST PURCHASER AS PART OF COMPLETED UNIT,

HOWEVER, THE WARRANTY PERIOD OF FIVE YEARS IS FROM THE DATE OF SERVICE WITH THE UNDERSTANDING IT IS INSTALLED WITHIN A REASONABLE TIME PERIOD.

Dated: _______________ ____, 20__

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Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 6/28/2011 WA0200

1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES

ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

Pierce's obligation under this warranty is limited to repairing or replacing without charge, as Pierce may elect, the
hydraulic lines, fittings, valves, seals, cylinders, filters, pumps, hydraulic motors, rotary actuators, or components which Pierce determines to have failed due to defective material and workmanship.

This warranty shall not apply unless the aerial device is inspected in accordance with NFPA 1911 Standard for
Inspection, Maintenance, Testing, and Retirement of InService Automotive Fire Apparatus and the applicable Pierce Operator and Maintenance Manuals.

Conditions and
Exclusions:

Fire and Rescue Apparatus
Coverage:

Five (5) Year Material and Workmanship Aerial Hydraulic System Components
Three (3) Year Material and Workmanship Aerial Hydraulic System Seals
Five (5) Years and Three (3) Years Warranty Period
Ends After:

The date of the original purchase invoice (issued when the product ships from the factory). Warranty Begins:

The aerial hydraulic system components and seals shall be free from component or structural failures caused by defects in material and/or workmanship.
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE
POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.

3. BUYER'S EXCLUSIVE REMEDY.

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Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0047

1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL

OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

This limited warranty is applicable to the vehicle in the following percentage costs of warranty repair, if any:

Topcoat Durability & Appearance: Gloss, Color Retention & Cracking
0-24 months 100%
25-48 months 50%
Integrity of Coating System: Adhesion, Blistering/Bubbling 0-24 months 100%
25-48 months 50%
Corrosion: Dissimilar Metal and Crevice
0-24 months 100%
25-48 months 50%
Corrosion Perforation
0-24 months 100%
25-48 months 50%
This limited warranty applies only to exterior paint.

Conditions and
Exclusions:

Fire and Rescue Apparatus
Coverage:

Four (4) Year Pro-Rated Paint and Corrosion
Aerial Device
Four (4) Years Warranty Period
Ends After:

The date of the original purchase invoice (issued when the product ships from the factory). Warranty Begins:

Aerial device shall be free from blistering, peeling, corrosion or any other adhesion defect caused by defective
manufacturing methods or paint material selection for
exterior surfaces.
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

3. BUYER'S EXCLUSIVE REMEDY.

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| 14233 West Road | Houston TX 77041 | Tel 281.807.4420 | Fax 281.807.4815 | www.harrisonhydragen.com | MANUFACTURER’S LIMITED WARRANTY - HYDRAULIC GENERATORS

STANDARD
Harrison Hydra-Gen® (Seller) extends to the original purchaser (Buyer) of goods for use (whether it be an OEM, dealer, re-seller, or end-user) the following warranty covering the Harrison HydraGen® Generator System, subject to the qualifications indicated. Harrison Hydra-Gen® Generator Systems shall consist of a Harrison generator tray assembly and its’ components, a Harrison hydraulic pump assembly, and a Harrison supplied meter assembly; unless otherwise specified in below guidelines.

Harrison Hydra-Gen® warrants the original purchaser that the Generator System manufactured or supplied by Harrison Hydra-Gen® will be free from defects in materials and workmanship, provided such goods are:

1. Installed, operated and maintained in accordance with the Harrison Hydra-Gen® owner’s manual, and/or written installation addendums.

2. Each new application has been reviewed and approved by the Harrison Hydra-Gen® Application Engineering Group.

PERIOD OF WARRANTY
*Two (2) years or 2000 hours of usage, whichever
comes first, from the date the product is shipped from
Harrison to the Installer.
*The END USER must complete and return to Harrison Hydra-Gen the Harrison HydraGen Warranty Registration Card, Form WR-1, provided in the generator manual and provided online @ www.harrisonhydragen.com, within 45 days of delivery.

Warranty includes all parts and labor. In addition, maintenance items that are contaminated or damaged by a proven warrantable failure are covered in years 1-2, and Labor time up to 4 hours, travel time up to 2.5 hours, and mileage up to 100 miles for warranty related repairs are covered.

9.155
| 14233 West Road | Houston TX 77041 | Tel 281.807.4420 | Fax 281.807.4815 | www.harrisonhydragen.com | Repair or replacement parts are warranted for ninety (90) days from date of purchase, excluding labor and travel expenses. Any part repaired or replaced during the warranty period assumes the remainder of the warranty or ninety (90) days, whichever is greater.

Only components supplied by Harrison Hydra-Gen are covered under this warranty.

There is no other express warranty. Implied warranties, including merchantability and fitness for a particular purpose, are limited to periods set forth above and to the extent permitted by law. Any and all implied warranties are excluded. In no event is Harrison Hydra-Gen liable for incidental or consequential damages.

The Buyer (OEM, dealer, re-seller, or end-user) must notify Harrison Hydra-Gen, an Authorized Distributor, or a designated Harrison Hydra-Gen Service Representative, in writing, within thirty (30) calendar days after goods or parts failed to meet this warranty.

The sole liability of Harrison Hydra-Gen and the Buyer’s sole remedy for a failure of goods under this warranty and for any and all other claims arising out of the purchase and use of the goods, including negligence on the part of the manufacturer, shall be limited to the repair or replacement of the product, at the option of Harrison Hydra-Gen, of the parts that do not conform to this warranty, provided that the product or parts are returned to the Harrison HydraGen manufacturing facility.

A Returned Goods Authorization (RGA) is required for all products and parts being returned, and may be requested by phone, fax, email, or mail.

Failure to make timely delivery to Harrison Hydra-Gen of the goods claimed to be defective shall void any warranty.

Unless previous written agreements have been made between the Buyer and Harrison HydraGen, the Buyer shall be responsible for all freight and shipping charges in connection with the delivery of the goods claimed to be defective, to Harrison Hydra-Gen at its manufacturing facility, and the return of repaired or replacement goods to the Buyer.

If Harrison Hydra-Gen determines that no warranty coverage is available for goods claimed to be defective, whether determination is based on the warranty being voided, the product failure

9.156
| 14233 West Road | Houston TX 77041 | Tel 281.807.4420 | Fax 281.807.4815 | www.harrisonhydragen.com | being due to a cause not covered by the warranty, the failure to make a timely and proper warranty claim, or otherwise, the Buyer shall have the option of either:

1. Having the goods not repaired and returned to the Buyer, freight collect.

2. Having the goods repaired, If Harrison Hydra-Gen determines that the product is repairable, and returned to the Buyer, freight collect. The Buyer will be responsible for all costs associated with the repair and testing of the goods and shall authorize Harrison Hydra-Gen, in writing, to have the goods repaired and tested by Harrison Hydra-Gen.

The owner is obligated to operate and maintain the goods in accordance with the recommendations published by Harrison Hydra-Gen in the owner’s manual. The owner is responsible for the costs associated with such maintenance and any adjustments that may be required.

This warranty shall not apply to:

1. Damages or defects caused by normal wear, accident, misuse, abuse, abnormal operating conditions, negligence, corrosion, accident causes, or attributable to written specifications or instructions furnished by the installer.

2. Damages or defects caused by improper maintenance in accordance with the Harrison Hydra-Gen product manuals and operating guidelines.

3. Damages caused by operator error.

4. Damages or defects caused by improper installation.

5. Damages or defects caused by inadequate water drainage provided by the installer in the area where the generator is installed or stored.

6. Damages or defects caused by inadequate air flow space or ventilation provided by the installer in the area where the generator is installed.

7. Any product or part altered or modified by the installer or service facility without written prior consent by Harrison Hydra-Gen.

8. Cost of normal maintenance, adjustments, installation or start-up.

9. Normal wear items and components needing periodic maintenance such a rubber hoses and filters.

10. Excessive labor due to components being concealed in vehicle as a result of installation.

11. Water, road debris, excessive dirt, salt, abrasive particles, or large foreign objects found in the generator.

12. Telephone or other communications expense.

13. Paint, hydraulic fluid, and interconnecting hoses (internal or external to system assemblies).

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| 14233 West Road | Houston TX 77041 | Tel 281.807.4420 | Fax 281.807.4815 | www.harrisonhydragen.com | This warranty gives you specific legal rights, and you may also have other rights that may vary from state to state or province to province.

No person is authorized to give any other warranties or to assume any other liabilities behalf of Harrison Hydra-Gen, unless made or assumed in writing by an officer of Harrison Hydra-Gen.

Contact Harrison Hydra-Gen for questions regarding your warranty rights and responsibilities at (281) 807-4420; or visit our website at www.harrisonhydragen.com.

9.158
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0057

1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL

OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

This limited warranty is applicable to the vehicle in the following percentage costs of warranty repair, if any:

Conditions and
Exclusions:

Fire and Rescue Apparatus
Coverage:

Ten (10) Year Pro-Rated Paint and Corrosion
Custom Body
Ten (10) Years Warranty Period
Ends After:

The date of the original purchase invoice (issued when the product ships from the factory). Warranty Begins:

Exterior surfaces of the body shall be free from blistering, peeling, corrosion or any other adhesion defect caused by defective manufacturing methods or paint material selection. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

3. BUYER'S EXCLUSIVE REMEDY.

9.159
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/22/2010 WA0168

1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL

OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

This warranty does not cover damage from lack of
maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and
maintenance manual).

Conditions and
Exclusions:

Fire and Rescue Apparatus
Coverage:

One (1) Year Material and Workmanship
Graphics Fading and Deterioration
One (1) Year Warranty Period
Ends After:

The date the apparatus is placed in service, or 60 days from the original buyer invoice date, whichever comes first. Warranty Begins:

Each graphic lamination shall be free from defects in material, workmanship, fading, and deterioration.
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

3. BUYER'S EXCLUSIVE REMEDY.

9.160
JROGHQVWDWHĆUHFRP

DEALER SUPPLIED

PRODUCTS SERVICES
Exhibit “D”
5 AND
/OR

9.161
1 DEALER SUPPLIED EQUIPMENT and/or SERVICES
The following items and/or services will be provided by Golden State Fire Apparatus Inc. (GSFA) prior to final delivery:

LICENSED MANUFACTURER
The State of California Vehicle Code, section 11701 requires “every manufacturer of a vehicle subject to registration shall make application to the Department of Motor Vehicles (DMV) for a license containing a general distinguishing number”. The manufacturer has a current license at the time of the proposal and shall provide a copy upon request. Temporary licenses are not acceptable.

LICENSED DEALERSHIP
The State of California Vehicle Code, section 11701 requires a “dealer in vehicles of a type subject to registration, shall make application to the Department of Motor Vehicles (DMV) for a license containing a general distinguishing number”. Golden State Fire Apparatus, Inc. has a current license at time of bid as outlined above and is available upon request. Temporary licenses are not acceptable.

LICENSED SALES REPRESENTATIVE
The State of California Vehicle Code, section 11800 requires that it shall be “unlawful for any person to function as a vehicle salesperson without having first procured a license issued by the Department of Motor Vehicles (DMV)”. The representative has a current vehicle salesperson’s license at the time of proposal and shall provide a copy upon request. Temporary licenses are not acceptable.

VEHICLE REGISTRATION
The State of California Vehicle Code section 11739 requires that the “dealer of a new motor vehicle sale is responsible for applying for the title, securing vehicle registration, and obtaining license plates for the Customer” through the Department of Motor Vehicles (DMV). Golden State Fire Apparatus, Inc. is a factory-authorized dealer of the vehicle being sold and is authorized to register with the State of California as a new vehicle manufacturer.

GSFA will make all necessary applications and complete all transfer papers, including applying for California Exempt “E” license plates.

WEEKLY PROGRESS PHOTOGRAPHS
GSFA will provide weekly photographs of the apparatus or the major components as they are being constructed. The photographs will commence at the start of the manufacturing process and will continue through production by the manufacturer. The reports will show the progress of the apparatus through the course of each week. Special attention will be given to the unique features and aspects of the apparatus as construction progresses.

PRE-CONSTRUCTION, FACTORY TRIP
A pre-construction trip to the manufacturing facility will be provided for three (3) Customer representative(s). The intent of this trip is to review and finalize, in detail, the specifications prior to the start of production. The pre-construction trip will have a duration of four (4) days and three (3) nights and be scheduled at times mutually agreed upon between GSFA and the Customer. Costs for airfare, lodging, meals, and ground transportation while at the manufacturer’s location will be the responsibility of GSFA.

Air travel will be from one of the following airports: Sacramento, San Francisco, or San Jose.

Costs such as Customer ground transportation in California, Customer airport parking, Customer luggage fees and Customer incidentals while traveling to the factory will be the responsibility of the Customer.

9.162
2 ticket cost but also any change or cancellation fees imposed by the airline and/ or travel agency. Flight reservations are also non-transferable.

FINAL INSPECTION, FACTORY TRIP
A final inspection trip to the manufacturing facility will be provided for four (4) Customer representative(s). The intent of this trip is to ensure that the apparatus is built to specification and to detect any deficiencies that require correction. The final inspection trip will have a duration of three (3) days and four (4) nights and be scheduled at times mutually agreed upon between Golden State Fire Apparatus (GSFA). and the Customer. Costs for airfare, lodging, meals, and ground transportation while at the manufacturer’s location will be the responsibility of GSFA. Air travel will be from one of the following airports: Sacramento, San Francisco, or San Jose.

Flight reservations are non-refundable and in the event of a cancellation after booking, the Customer will be responsible for all costs associated with this cancellation, which may include not only the original ticket cost but also any change or cancellation fees imposed by the airline and/ or travel agency. Flight reservations are also non-transferable.

CONTINGENCY RESERVE FUND
A contingency reserve fund in the sum of $15,000 is included in the quotation to cover the cost of change orders, unforeseen items or required work that may come up during the contract to be used at the discretion of the City of Santa Cruz. This reserve fund is not an estimate of those contingencies, and the cost of change orders, unforeseen items or required work could exceed the amount reserved depending on their nature. Any unused portion of this reserve fund will be credited back on the final invoice or returned in the form of a check to the City of Santa Cruz promptly following final invoicing.

DELIVERY TO AUTHORIZED SERVICE FACILITY
GSFA will, at their expense, deliver the apparatus (including any applicable equipment, spare parts, and supplies) to their Northern California facility in Sacramento for a dealer preparation inspection.

To ensure proper break-in of all components while still under warranty, the apparatus shall be delivered under its own power - rail or truck freight shall not be acceptable.

PRE-DELIVERY SERVICE
After transportation from the factory and prior to delivery, the apparatus will receive a pre-delivery service to confirm proper operation and correction of any issues found as a result of said inspection. The Golden State Fire Apparatus, Inc. pre-delivery service consists of the following:
• Engine Compartment and Undercarriage – Check for any broken mounting brackets and inspect for correct capacities of the following (if applicable): engine oil, coolant, power steering fluid, washer reservoir fluid, transmission fluid, rear end fluid, pump transmission oil, and primer oil. • Interior – Operate all doors, windows, and locks for proper adjustment. Check upholstery. • Exterior – Repair reasonable paint scratches or chips. Tighten any loose hardware and inspect tires and wheels for proper pressure and lug torquing.
• Road Test – With the water tank (if applicable) full, the apparatus will be driven approximately twenty miles which allows the drive train components to get up to operating temperature. Road

9.163
3 test will be on both city and highway roads. A DOT compliant brake test will be conducted to ensure the system is holding air. The brake condition and wheel seals will also be inspected. • Electrical - Operate all lights, sirens, and other electrical accessories to verify operation. • Pump - If applicable, vacuum test the pump to hold for 15 minutes. After vacuum test, operate the relief valve, transfer valve and check pump shift. Check water tank for leaks and inspect water level gauge for calibration. With discharge caps loose, rapid test all individual gauges and main gauges for calibration. Lubricate valve rods.
• Foam System – If applicable, tighten caps and connect foam lines. Test selector, valves, metering valve and operation of foam system (including flush).
• Fuel Tank - Fuel tank will be filled at the dealership location prior to final delivery. • DEF Tank - DEF tank will be filled at the dealership location prior to final delivery. • Wash - The apparatus will be thoroughly washed at the dealership location prior to final delivery.

FINAL DELIVERY (CUSTOMER LOCATION)
GSFA will, at their expense, deliver the Product (including any applicable equipment, spare parts, and supplies) to the Customer specified address once completed. Prior to delivery of the Product, Customer agrees to provide proof of liability and physical damage insurance to GSFA. GSFA will not release the Product to the Customer until such proof of insurance is provided.

It is the responsibility of the Customer to have any outstanding balance due, paid in full to GSFA, prior to or at the time that the Product is complete and ready to deliver. If payment is late or delivery is delayed pending payment, a daily finance charge of $150.00 and a daily storage fee of $50.00 may apply until such payment is received.

Due to insurance liability, the Product will not be delivered without full acceptance and full payment (or prior written agreement between the Customer and GSFA).

END OF EXHIBIT “D”

9.164
City Council

AGENDA REPORT
DATE: 08/02/2023
AGENDA OF: 08/22/2023
DEPARTMENT: Finance
SUBJECT: Liability Claims Filed Against the City of Santa Cruz (FN) RECOMMENDATION: Motion to reject the liability claims of 1) Cari McCormick, 2) Nancy Ogle; and to return as late claim of 3) Afni, based on staff recommendation.

BACKGROUND: N/A
DISCUSSION: Claims to be rejected:

1. Claimant: Cari McCormick
Date of occurrence: Unknown
Date of claim: 7/10/23
Amount of claim: Unspecified
Claimant seeks damages for alleged discrimination related to the City’s contributions into California Public Employees’ Retirement System (CalPERS).

Represented by legal counsel.

2. Claimant: Nancy Ogle
Date of occurrence: 5/19/23
Date of claim: 7/18/23
Amount of claim: $250.00
Claimant seeks reimbursement for alleged damage to her vehicle.

Self-Represented

10.1 II. Claim to be returned as late:

3. Claimant: Afni
Date of occurrence: 10/24/2021
Date of claim: 7/7/2023
Amount of claim: $4,324.56
Claimant seeks reimbursement for alleged damage to their insured’s vehicle.

Self-Represented
FISCAL IMPACT: No fiscal impact.

Prepared By:

Ross Brandon
Risk & Safety Manage
Submitted By:

Elizabeth Cabell
Finance Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

None.

10.2 City Council

AGENDA REPORT
DATE: 08/03/2023
AGENDA OF: 08/22/2023
DEPARTMENT: Finance
SUBJECT: Award Agreement for Municipal Financial Advisory Services (FN) RECOMMENDATION: Motion to:
1) Award agreement for Municipal Financial Advisory Services to NHA Advisors LLC (San Rafael, CA) for a five-year initial contract period with five optional one-year renewals; and 2) Authorize the City Manager, or designee, to execute the agreement and any amendments within the approved operating budget, in a form approved by the City Attorney.

BACKGROUND: The Finance Department provides key services to the City Council, the City Manager, all departments, and the public. The department manages the City's financial operations in accordance with industry standards and established fiscal policies. Prudent fiscal stewardship, customer service, compliance, strategic planning, transparency, and effective financial reporting are key elements of its mission. In an effort to ensure that the City can provide leadership in the development and implementation of sound financial policies for the City and align the overall strategy that supports the City’s financial needs, staff recommend the City contract for municipal financial advisory services.

DISCUSSION: On April 19, 2023, staff issued a Request for Proposals (RFP) for Municipal Financial Advisory Services. The RFP Scope of Services included the need for comprehensive financial planning and analysis services, credit rating surveillance, advise on market conditions, debt issuance and continuing disclosure services to achieve sufficient funds to operate the City, identify revenue streams for the City, and assist in efficient and effective support of the management of the City. The RFP was posted on the City’s website to ensure that the RFP was conducted in an open and competitive manner.

Proposals were due at 5:00 PM PST on May 24, 2023, and the City received proposals from six firms by that time. After being checked for responsiveness, the firms were evaluated by an evaluation committee in two phases. Phase 1 was the evaluation of the written proposal. Firms with proposals that were scored the highest were invited to the second phase of the evaluation (Oral Interviews), where they gave a presentation, and answered questions from the evaluation committee. The City conducted interviews and oral presentations with the three highest scoring proposers from Phase 1.

11.1 Proposal Evaluation Criteria Evaluation Phase Percent of Score
Adherence to RFP Requirements Phase 1 – Written Proposal Evaluation 5% Firm Background Information Phase 1 – Written Proposal Evaluation 5% Firm Qualifications, Expertise, and Experience Phase 1 – Written Proposal Evaluation 10% Team Qualifications, Expertise and Experience Phase 1 – Written Proposal Evaluation 10% Technical Approach/ Work Plan Phase 1 – Written Proposal Evaluation 15% Cost Proposal Phase 1 – Written Proposal Evaluation 20% References Phase 2 – Oral Interview Evaluation 5%
Project Understanding, Plan and Approach Phase 2 – Oral Interview Evaluation 15% Quality of Presentation Phase 2 – Oral Interview Evaluation 15% NHA Advisors was ranked the highest with a score of 97.88 points out of 100 total possible points, and was determined to be the successful proposer. The evaluation committee determined that the successful proposer has the expertise, experience, and personnel necessary to provide the services. Based on data from the California State Treasurer’s office, NHA is ranked as the #1 municipal advisor, by number of unique bond transactions, for California cities since 2020. NHA has served as municipal advisor on general fund (lease, pension,), utility revenue (sewer, water, storm water, parking, electric, etc.), tax-backed (general obligation, sales tax), and land secured (assessment, special tax) transactions.

The proposed contract would have an initial contract period of five years, with five additional one-year renewals.

FISCAL IMPACT: The total not to exceed amount for on-call financial advisory services is $100,000 per year, with the option for additional supplemental services as needed for activities related to bond issuances, and continued disclosure reporting related to bond issuance. There are adequate funds in the Finance Department’s operating budget for this purchase.

Prepared By:

Elizabeth Millwee
Purchasing Manager
Submitted By:

Elizabeth Cabell
Finance Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RFP SUMMARY SCORE SHEET - RFP FIN2325 - MUNICIPAL FINANCIAL ADVISORY SERVICES.PDF

2. PROFESSIONAL SERVICES AGREEMENT FOR MUNICIPAL FINANCIAL ADVISORY SERVICES.PDF

11.2 RFP Summary Score Sheet - RFP FIN2325 - Municipal Financial Advisory Services Solicitation: RFP No. FIN 2325 - Municipal Financial Advisory Services Fieldman, Rolapp & Associates 40.25 15.42 37.25 92.92
PFM Financial Advisors LLC 43.25 15.57 34.25 93.07
NHA Advisors 43.58 16.55 37.75 97.88
Columbia Capital Management LLC 33.32 15.56 0.00 48.87
Willdan Financial Services 32.92 14.80 0.00 47.71
Wulff, Hansen & Co. 33.67 20.00 0.00 53.67
Total
(100 Points Total
Possible)
Phase 1
Written Evaluation
(45 Points Total
Possible)
Consultant Name
Phase 2
Oral Interviews
(35 Points Total
Possible)
Cost Proposal
(20 Points Total
Possible)
Summary Score Sheet Page 1 of 1

11.3 Professional Services Agreement With

NHA ADVISORS LLC
For MUNICIPAL FINANCIAL ADVISORY SERVICES
THIS AGREEMENT for professional services is made by and between the City of Santa Cruz (“City”) and NHA Advisors LLC (“Consultant”) (each is referred to individually as a “Party” and collectively, as the “Parties”) as of September 1, 2023 (the “Effective Date”).

NOW, THEREFORE, in consideration of each other’s mutual promises, the Parties hereto agree as follows:

SECTION 1: SCOPE OF SERVICES
Consultant will furnish services as defined and described in the Scope of Services, 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 Services 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: Fees and Payments.

If, in performing the work, it is necessary to conduct field operations, security and safety of the job site will be the Consultant's responsibility excluding, the security and safety of any facility of City within the job site which is not under the Consultant's control.

Consultant shall meet with Elizabeth Cabell, Director of the Finance 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: Scope of Services. Such meetings shall be held at the request of either Party. Review and City approval of completed work shall be obtained monthly, or at other intervals as may be mutually agreed upon during the course of this Agreement.

Review, approval, or acceptance of Consultant’s work by City or others shall not relieve Consultant from responsibility for errors and omissions in Consultant’s work.

SECTION 3: RESPONSIBILITIES OF THE CITY
City shall make available to Consultant all necessary data and information in the City's possession and shall actively assist Consultant in obtaining such information from other agencies and individuals as needed.

Consultant is entitled to reasonably rely upon the accuracy and completeness of such data and information, and Consultant shall provide City prompt written notice of any known defects in such data and information.

The Director may authorize a staff person to serve as his or her representative. The work in progress shall be reviewed at such intervals as may be mutually agreed upon between the Parties. The City will be the sole judge of acceptable work, provided that such approval will not be unreasonably withheld or delayed. If the work is not acceptable, City will inform Consultant of the changes or revisions necessary to secure approval.

DocuSign Envelope ID: 5084EC0E-1E1B-44BB-82B8-7C1EFDA93D86

11.4 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 Services set forth in Exhibit A exceed the budget of $500,000 for the initial contract period without advance written City authorization in the form of an amendment or change order.

Invoices shall detail the time worked by each class of employee on each task and the expenses incurred for which billing is made. Invoices shall indicate the percentage completion of each work task as identified in the Scope of Services in Exhibit A and the overall percentage of completion of the total required services. Unless otherwise specified in the fee schedule, payments shall be made monthly by the City within 30 days based on itemized invoices from the Consultant which list the actual costs and expenses.

All invoices shall contain the following affidavit signed by Consultant (if individual) or by a principal of Consultant’s firm (if Consultant is an entity):
"I hereby certify [or as principal of Consultant] that the charge of (Insert invoice amount) as summarized above and shown in detail on the attachments is a fair and reasonable use of public funds, is in accordance with the terms of Agreement dated (Insert Agreement Date), and has not been previously paid."
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, as indicated by a mark below, and according to the City’s Travel Reimbursement Policy. 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.
☐ Meals: Meals are reimbursed at the current GSA Meals & Incidental per diem rate by county (www.gsa.gov/travel). The City does not reimburse for actual costs for meals. Reimbursement is based solely on per diem rates. Do not submit meal receipts.
• Travel before 8:00am qualifies for breakfast reimbursement. • Travel between 8:00am – 1:30pm qualifies for lunch reimbursement. • Travel between 1:30pm – 7:00pm (or later) qualifies for dinner reimbursement. • Days between hotel stays and days starting before 8am and ending after 7pm, qualify for the full GSA Meals & Incidental per diem rate.

DocuSign Envelope ID: 5084EC0E-1E1B-44BB-82B8-7C1EFDA93D86

11.5 ☐ Ground Transportation: Ground transportation is reimbursable when it is for travel between the Consultant’s place of business, an airport, or Santa Cruz hotel, as applicable, to the City work location.

1. Reasonable fees for taxis, shuttles, buses, trains, light rail, ride hailing services (Uber, Lyft or other), and similar modes of transportation will be reimbursed. Receipts are required for reimbursement.

2. When using vehicles owned by Consultant or Consultant’s employer:
• Mileage will be reimbursed at the current IRS mileage rate. • 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.

3. Use of car rentals are reimbursable when:
• Travel is necessary from an airport to the City work location. • The rental reservation is made as far in advance as is practical and the lowest possible price is obtained.
• Insurance coverage is included, and the car is returned with a full tank of gas. • The smallest vehicle necessary is rented.
• Parking expenses are included in the GSA Meals & Incidental per diem rate. The City will not pay additionally for parking expenses.
• Receipts are required for reimbursement.
☐ Airfare: Airfare is reimbursable when the Consultant’s place of business, or Consultant’s employee’s home, is more than 250 miles away from Santa Cruz.
• Airfare must be lowest available coach class fare. Flights may be non-stop. • Airfare must be booked as far in advance as is practical. • Fees for one piece of checked luggage (and any equipment necessary for the work being done) will be reimbursed.
• Extra charges for seat assignments, refundable tickets, travel insurance/protection, and similar fees are not reimbursable.
• If the City cancels the need for travel and the ticket cannot be changed or refunded, the ticket cost will be reimbursable.
• Receipts are required for reimbursement.
☐ Lodging: Lodging is reimbursable when the Consultant must work on site for two or more consecutive days and the Consultant’s place of business or personal residence, is more than 60 miles away from Santa Cruz.
• Lodging is reimbursed up to the current GSA rate by county (www.gsa.gov/travel). • Costs for hotel rooms above this rate are the responsibility of the traveler. • Receipts are required for reimbursement.

General Rule

1. Travel expenses not listed or checked above will not be reimbursed.

2. Travel reimbursements are paid after the completion of travel. There are no travel advances.

3. Exceptions to any of the above requirements require advance written permission from the Director or City’s designated agent contracting with the Consultant.

4. Tips and gratuities will not be reimbursed.

5. Alcoholic beverage purchases will not be reimbursed.

6. Consultants will exercise prudence in incurring reimbursable expenses.

7. The City of Santa Cruz has the sole discretion to deny any reimbursement request the City has determined to be excessive or an inappropriate use of public funds.

DocuSign Envelope ID: 5084EC0E-1E1B-44BB-82B8-7C1EFDA93D86

11.6 SECTION 6: CHANGES IN WORK
City may negotiate changes in the Scope of Services. No changes in the Scope of Services shall be made without the written approval of City and Consultant. Any change requiring compensation in excess of the sum specified in Exhibit B shall be approved in advance in writing by the City. Only City’s authorized representative(s) is authorized to approve changes to this Agreement on behalf of City.

SECTION 7: TERM AND SCHEDULE
The term of this Agreement shall be on the effective date of this Agreement and terminating on August 31, 2028. At the option of the City, this Agreement may be renewed annually under the same contractual terms and conditions by letter agreement for an additional option of five (5) one (1-year) renewal periods.

Consultant shall begin work as specified in a written authorization (e.g., Notice to Proceed) to perform services.

The written authorization to perform work shall not be issued until after this Agreement has been approved and authorized by the City.

The Work Schedule for completion of the work shall be as shown upon Exhibit C. In the event that major changes are ordered, the schedule for completion as stated in Exhibit C may be adjusted by City so as to allow Consultant a reasonable period of time within which to complete any additional work which may be required as a result of the ordered changes.

Neither party will be held responsible for delay or default caused by declared emergencies, natural disasters, or any Force Majeure event which is beyond the party's reasonable control. Consultant will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently pursue performance of its obligations in this Agreement.

The City reserves the right to obtain the item(s) and/or services covered by this Agreement from another source during any on-going suspension of service due to the circumstances outlined above.

Consultant acknowledges that it is necessary for Consultant to complete its work on or before the completion date set forth in Exhibit C in order to allow the City to achieve its objectives for entering into this Agreement.

The Parties therefore agree that time is of the essence in the performance of this Agreement.

SECTION 8: TERMINATION
The City may terminate the Agreement for any reason 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.

DocuSign Envelope ID: 5084EC0E-1E1B-44BB-82B8-7C1EFDA93D86

11.7 Upon notice of termination by either the City or Consultant, the Consultant will immediately act to not incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. The City’s only obligation to the Consultant will be just and equitable payment for services authorized by, and received to the satisfaction of, the City up to and including the effective date of termination less any amounts withheld. All finished or unfinished work or documents procured or produced under the Agreement will become property of the City upon the termination date. In the event of Consultant’s failure to perform pursuant to the Agreement, the City reserves the right to obtain services elsewhere and Consultant will be liable for the difference between the prices set forth in the terminated Agreement and the actual cost to the City. Termination of the Agreement pursuant to this paragraph shall not relieve the Consultant of any liability to City for additional costs, expenses, or damages sustained by City due to failure of the Consultant to perform pursuant to the Agreement. City may withhold any payments to Consultant for the purpose of set-off until such time as the exact amount of damages due City from Consultant is determined. After the effective date of termination, Consultant will have no further claims against the City under the Agreement. No other compensation will be payable for anticipated profit on unperformed services.

SECTION 9: INSURANCE
Prior to the beginning of and throughout the duration of the Agreement, Consultant will maintain and comply with the Insurance Requirements as set forth in Exhibit D. Consultant will insure the City against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder. The insurance coverages required shall not in any way limit the liability of the Consultant.

SECTION 10:INDEMNIFICATION
Consultant agrees, to the fullest extent permitted by law, to indemnify, defend, and hold harmless the City, its officials, officers, employees, agents, and volunteers (collectively, “Indemnitees”) from and against any and all liability, claim, action, loss, injury, damage, judgment, or expense, including attorneys’ fees and costs (“Losses”) caused by or resulting from the negligence, recklessness, or willful misconduct of Consultant, Consultant’s officers, employees, agents, or subcontractors in any way related to this Agreement. Consultant’s duty to indemnify and hold harmless Indemnitees shall not apply to the extent such Losses are caused by the sole or active negligence or willful misconduct of Indemnitees. Consultant’s obligation to defend shall arise regardless of any claim or assertion that Indemnitees caused or contributed to the Losses.

In the event this Agreement involves the performance of design professional services by Consultant, Consultant’s officers, employees, agents, or subcontractors, Consultant’s costs to defend Indemnitees shall not exceed the Consultant’s proportionate percentage of fault per Civil Code §2782.8. This section shall survive the termination or expiration of this Agreement.

SECTION 11: EQUAL EMPLOYMENT OPPORTUNITY/NON-DISCRIMINATION POLICIES City’s policies promote a working environment free from abusive conduct, discrimination, harassment, and retaliation; and require equal opportunity in employment for all regardless of race, religious creed (including religious dress and grooming practices), color, national origin (including language use restrictions), ancestry, religion, disability (mental and physical), medical condition, sex, gender (including gender identity and gender expression), physical characteristics, marital status, age, sexual orientation, genetic information (including family health history and genetic test results), organizational affiliation, and military or veteran status, or any other consideration made unlawful by local, State or Federal law. City requires Consultant to comply with all applicable Federal and State and local equal employment opportunity laws and regulations, and Consultant is responsible for ensuring that effective policies and procedures DocuSign Envelope ID: 5084EC0E-1E1B-44BB-82B8-7C1EFDA93D86

11.8 concerning the prevention of abusive conduct, discrimination, harassment, and retaliation exist in Consultant’s business organization. The City’s current Equal Employment Opportunity and NonDiscrimination policies to which this Section applies may be viewed at http://www.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html and http://www.cityofsantacruz.com/home/showdocument?id=59192.

SECTION 12: LEGAL ACTION/ATTORNEYS’ FEES
If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief. The laws of the State of California, with jurisdiction in the Santa Cruz County Superior Court, shall govern all matters relating to the validity, interpretation, and effect of this Agreement and any authorized or alleged changes, the performance of any of its terms, as well as the rights and obligations of Consultant and the City.

SECTION 13: AMENDMENTS
This Agreement may not be amended in any respect except by way of a written instrument which expressly references and identifies this particular Agreement, which expressly states that its purpose is to amend this particular Agreement, and which is duly executed by the City and Consultant. Consultant acknowledges that no such amendment shall be effective until approved and authorized by the City’s authorized representative.

No representative of the City is authorized to obligate the City to pay the cost or value of services beyond the Scope of Work 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.

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.

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11.9 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. 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. Consultant acknowledges and agrees that the work product shall be considered a work made for hire within the meaning of the patent and copyright laws of the United States; and Consultant agrees that all copyrights which arise from creation of projectrelated documents and materials pursuant to this Agreement shall be vested in the City and Consultant waives and relinquishes all claims to copyright or other intellectual property rights in favor of City.

Any work product related to this Agreement shall be confidential, not to be used by the Consultant on other projects or disclosed to any third party, except by agreement in writing by the City, or except as otherwise provided herein. Consultant’s final deliverables shall comply with Section 508 (29 U.S.C.

Section 794d) accessibility requirements, as applicable.

9. Intellectual Property and Indemnity. Consultant represents to City that, to the best of Consultant’s knowledge, any Intellectual Property (including but not limited to: patent, patent application, trade secret, copyright and any applications or right to apply for registration, computersoftware programs or applications, tangible or intangible proprietary information, or any other intellectual property right) in connection with any services and/or products related to this Agreement does not violate or infringe upon any Intellectual Property rights of any other person or entity.

To the fullest extent permitted by law, Consultant agrees to indemnify, defend, and hold harmless City, its officials, officers, employees, and agents, from any and all claims, demands, actions, liabilities, damages, or expenses (including reasonable attorneys’ fees and costs) arising out of a claim of infringement, actual or alleged, direct or contributory, of any Intellectual Property rights in any way related to Consultant’s performance under this Agreement or to the City’s authorized intended or actual use of Consultant’s product or service under this Agreement. This provision shall survive termination or expiration of this Agreement.

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11.10 If any product or service becomes, or in the Consultant’s opinion is likely to become, the subject of a claim of infringement, the Consultant shall, at its sole expense: (i) provide the City the right to continue using the product or service; or (ii) replace or modify the product or service so that it becomes non-infringing; or (iii) if none of the foregoing alternatives are possible even after Consultant’s commercially reasonable efforts, in addition to other available legal remedies, City will have the right to return the product or service and receive a full or partial refund of an amount equal to the value of the returned product or service, less the unpaid portion of the purchase price and any other amounts, which may be due to the Consultant. City shall have the right to retrieve its data and proprietary information at no charge prior to any return of the product or termination of service.

10. Confidentiality.
a. Consultant shall not acquire any ownership interest in data and information (“City Data”) received by Consultant from City, which shall remain the property of the City. Certain information may be considered confidential (“Confidential Information”). Confidential Information shall mean all information or proprietary materials (in every form and media) not generally known to the public and which has been or is hereafter disclosed or made available directly or indirectly to Consultant through any means of communication, either verbally or in writing even if it has not been designated in writing as “Confidential” to Consultant in connection with this Agreement. Unless otherwise required by law, Consultant shall not, without City’s written permission, use or disclose City Data and/or Confidential Information other than in the performance of the obligations under this Agreement. As between Consultant and City, all City Confidential Information shall remain the property of the City. Consultant shall not acquire ownership interest in the City’s Confidential Information. b. Consultant shall be responsible for ensuring and maintaining the security and confidentiality of City Data and Confidential Information, protect against any anticipated threats or hazards to the security or integrity of City Data and Confidential Information, protect against unauthorized access to or use of City Data and Confidential Information that could result in substantial harm or inconvenience to City or any end users; and ensure the proper return and/or disposal of City Data and Confidential Information upon termination of this Agreement with notice to the City. c. Consultant shall take appropriate action to address any incident of unauthorized access to City Data and Confidential Information, including addressing and/or remedying the issue that resulted in such unauthorized access, notifying City as soon as possible of any incident of unauthorized access to City Data and Confidential Information, or any other breach in Consultant’s security that materially affects City or end users; and be responsible for ensuring compliance by its officers, employees, agents, and subcontractors with the confidentiality provisions hereof. Should confidential and/or legally protected City Data be divulged to unauthorized third parties, Consultant shall comply with all applicable federal and state laws and regulations, including but not limited to California Civil Code sections 1798.29 and 1798.82 at 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 subcontractors, excepting only loss, injury or damage caused by the sole negligence or willful DocuSign Envelope ID: 5084EC0E-1E1B-44BB-82B8-7C1EFDA93D86

11.11 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 (5) years from the date of the final City payment for Consultant's services, or date of the termination of this Agreement, whichever is later. If Consultant engages a subcontractor to perform work related to this Agreement with a cost of $10,000 or more over a 12-month period, such subcontract shall contain these same requirements. This provision shall survive the termination of this Agreement.

12. California Public Records Act. City is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If Consultant’s proprietary information is contained in documents or information submitted to City, and Consultant claims that such information falls within one or more CPRA exemptions, Consultant must clearly mark such information “Confidential and Proprietary,” and identify the specific lines containing the information. In the event of a request for such information, City will make best efforts to provide notice to Consultant prior to such disclosure. If Consultant contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief, or other appropriate remedy from a court of law in Santa Cruz County before the City is required to respond to the CPRA request. If Consultant fails to obtain such remedy within the time the City is required to respond to the CPRA request, City may disclose the requested information without any liability.

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.

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. Licensure. Consultant agrees that Consultant, its subcontractors and/or agents (if any) has/have complied with all applicable federal, state, and local licensing requirements and agrees to provide proof of a current City of Santa Cruz Business Tax Certificate if:
• Consultant, its subcontractor(s) and agent(s) or its business is/are located in the City of Santa Cruz;
• Will perform actual work in the City of Santa Cruz for 6 or more days annually; or • Will use company vehicles to deliver within the City of Santa Cruz for 6 or more days annually.

For additional information and licensing requirements, view the City’s Business Licenses and Permits webpage or call the Revenue and Taxation division at 831/420-5070

15. Living Wage. Every contract for services to the City for $10,000 or more, is subject to City of Santa Cruz Living Wage Ordinance number 2000-25. If applicable, Consultant agrees to comply with the requirements of the Living Wage ordinance as provided in Santa Cruz Municipal Code Chapter 5.10.

16. Prevailing Wages for Public Work. To the extent that the work or services to be performed under this Agreement may be considered a “public work” (construction, alteration, demolition, or repair work) DocuSign Envelope ID: 5084EC0E-1E1B-44BB-82B8-7C1EFDA93D86

11.12 pursuant and subject to Labor Code section 1720 et seq., Consultant (and any subconsultant performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreement. Consultant (and any subconsultant) shall adhere to the prevailing wage determinations made by the Director of Industrial Relations (DIR) pursuant to California Labor Code Part 7, Chapter 1, Article 2, applicable to the work, if any.

All workers employed in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seq. and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. (CA Labor Code sections 1720, 1774 and 1782.)
To the extent applicable to the scope of work and services under this Agreement, Consultant agrees to be bound by the state prevailing wage requirements, including, but not limited to, the following:
a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day (or portion thereof) for which the worker(s) was paid less than the prevailing wage rate, as specified in Labor Code section 1775; b. Consultant shall maintain and make available payroll and worker records in accordance with Labor Code sections 1776 and 1812;
c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5;
d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seq. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages;
e. Consultant shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers.
f. Any failure of Consultant and/or its subconsultant to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option and shall be at the sole risk of Consultant. Consultant on behalf of itself and any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public work. g. Consultant acknowledges that it and/or any subconsultant may not engage in the performance of any contract for public work unless currently registered with the DIR and qualified to perform public work pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

17. Storm Water Requirements. To the extent applicable to the Scope of Work under this Agreement, Consultant, Consultant’s employees, subcontractors, and agents are required to abide by the applicable City of Santa Cruz Storm Water Best Management Practices (BMPs) for the duration of the work. The City’s mandatory Storm Water BMPs, which are listed according to the type of work, DocuSign Envelope ID: 5084EC0E-1E1B-44BB-82B8-7C1EFDA93D86

11.13 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 is that there may be an equitable adjustment of the schedule based on City’s sole discretion.

20. Complete Agreement. This Agreement, along with any attachments, is the full and complete integration of the Parties’ agreement with respect to the matters addressed herein, and that this Agreement supersedes any previous written or oral agreements between the Parties with respect to the matters addressed herein. Unless otherwise stated, to the extent there is any conflict between this Agreement and any other agreement (written or oral), the terms of this Agreement shall control.

21. Severability. The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid or illegal.

22. Waiver. Waiver by any party of any portion of this Agreement shall not constitute a waiver of the same or any other portion hereof.

23. Governing Law. This Agreement shall be governed by and interpreted in accordance with California law.

24. Contract Interpretation. Each party acknowledges that it has reviewed this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.

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11.14 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) priority U.S. Mail, in which case notice shall be deemed delivered on the second business day after the deposit thereof with the U.S. Postal Service. Notices shall be addressed to recipient as follows:

To CITY:

Finance Department
Elizabeth Millwee
1200 Pacific Avenue, Suite 290
Santa Cruz, CA 95060
Email: [email protected]
Phone: 831-420-5084
To CONSULTANT:

NHA Advisors LLC
Craig Hill
4040 Civic Center Drive, Suite 200
San Rafael, CA 94903
Email: [email protected]
Phone: 415-785-2025 x2001
Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.

27. Counterparts. The Parties may execute this Agreement in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party’s signature shall be accepted and valid as an original.

28. Warranty of Authority. The signatories to this Agreement warrant and represent that each is authorized to execute this Agreement and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 5084EC0E-1E1B-44BB-82B8-7C1EFDA93D86

11.15 Signature Requirements for Business Entity:
a. Corporation – 2 officer signatures required (one from each group, unless person signing holds officer positions in both Group 1 and 2):

Group 1: Chief Executive Officer, Chairman of the Board, President, or Vice President Group 2: Secretary, Assistant Secretary, Chief Financial Officer, Treasurer, Assistant Treasurer b. Partnership - Signature of General Partner, or signature of partner who is authorized to execute documents per the Certificate of Partnership. If authorized partner is a corporation, follow Corporation signature requirement. c. LLC- For a member-managed LLC, signature of any member. For a manager-managed LLC, signature of the manager. If the LLC has corporate officer designations, follow Corporation signature requirement.

Approved As To Form:

By: __________________________________ Date: _____________________ Barbara H. Choi, Office of the City Attorney

CITY OF SANTA CRUZ
By: _______________________________ Date: _____________________

CONSULTANT
By: _____________________________ Date: _____________________ Printed: ___________________________ Title: _____________________ August 15, 2023
DocuSign Envelope ID: 5084EC0E-1E1B-44BB-82B8-7C1EFDA93D86 Craig Hill Managing Principal
8/15/2023

11.16 EXHIBIT A: SCOPE OF SERVICES
The qualified municipal advisor firm shall provide advice and services regarding capital planning, bond refinancing and debt issuances as requested. The firm will review current financing structure and debt capacity; assist with evaluating the options for financing various City projects; and provide advice and support to assist the City in making financial decisions. Creativity and flexibility in approaching the City’s current and future financing options in the most fiscally responsible and prudent manner is required. Firms shall be capable of providing a range of value-added services, including but shall not be limited to those outlined in the Scope of Services below.

The work should, at a minimum, include the following:

Task 1 – Financial Planning and Analysis
• Review the overall financial status of the City and recommend specific financing programs to maximize resources available for the implementation of projects. • Provide continuing updates and advice on the impact of current or proposed state or federal legislation and that could affect the financial plans of the City and refunding opportunities. • Provide as-needed financial advice regarding market conditions and trends, financial products, credit analysis, alternative financing, State or Federally subsidized loan programs, and other specialty financing.
• Review the City's long-range financing strategy, particularly with respect to its capital improvement program.
• Develop a financing plan analyzing alternatives based on the City’s needs and the municipal market environment evaluating structuring and pricing options: long or short term; callable or non-callable features; credit enhancement (Obtain bids if necessary); level debt service versus front or backloaded debt service; and the consideration of premiums; discounts; or par securities. • Review and evaluate the City’s existing capital financing plans and work closely with Finance staff to determine whether current borrowing strategies need to be amended. Development of comprehensive capital plan, including the timing and security for planned borrowings, for its general fund and enterprise fund activities.
• Prepare and present information designed to facilitate understanding of public sector financing and its implications to City staff and elected officials.
• Developing financial analysis and special reports as requested. • Assist staff with written updates to the Board and staff reports as needed. • Assist in the formulation of financing plans, including presentations of alternative financial programs and strategies, taking into consideration appropriate debt structures, timing, impact on tax rates and taxpayers, budgeting, credit ratings, tax laws, and assessment of capital market conditions.
• Analyze and make recommendations relating to various financing options so as to secure the lowest practical interest rate; enhance the marketability of the Bonds; achieve the widest competition for DocuSign Envelope ID: 5084EC0E-1E1B-44BB-82B8-7C1EFDA93D86

11.17 bond purchase to include retail, institutional, and other investor classes; and achieve optimal leverage of municipal resources, while maintaining a prudent level of risk, through debt obligations.

Identify the advantages and disadvantages of any recommendations (bond market conditions, timing of sales, etc.).
• At the request of the City, advise the City on reinvestment strategies for bond proceeds and any other funds related to the financing, execute investment bid processes, as needed, and negotiate final terms and conditions on the City’s behalf.

Task 1 Deliverables: Examples of on-call, as requested, deliverables under this task include financial reports, project implementation plan, community outreach sessions, communication plan, presentations, etc.

Task 1 Timing: All tasks shall be completed to the City’s satisfaction and deliverables turned over to City staff in a timely matter that meets individual requestor needs.

Task 2 – Debt Issuance, Post Compliance and Continuing Disclosure Services • Assist with the preparation for and participate in presentations, discussions, meetings, and conference calls with credit rating agencies for the issuance of debt. • Participate in the underwriting selection process, which includes providing mailing list and overall distribution of a Request for Proposals as well as reviewing underwriting proposals. Negotiate preliminary and final pricing structures and allocations. Enforce a municipality’s co-manager participation goals. Act as liaison between the municipality and the underwriting syndicate in the event of disputes until such time as the municipality seeks alternative resolutions. • Assist in the presentation, preparations, and distribution of the Preliminary Official Statement (POS), Notice of Sale (NOS), Official Statement (OS), and other documents and materials required to facilitate the sale of any securities. Provide mailing list and overall management of mailing of the POS and NOS to potential underwriters and investors and manage the production mailing of the final OS.
• If the securities are sold on a competitive basis, assist in the bid process, verify the bids, and reallocate principal amounts throughout the loan if required to meet municipality objectives. Have a working knowledge with those competitive underwriters who typically lead syndicates that bid for municipal securities.
• Assist with the preparation for and participate in information meetings and conference calls with prospective investors and others, as appropriate, prior to the issuance of debt. • Assist the City with independent auditor requests regarding debt related calculations or related information.
• Work with bond/tax counsel in advance of the publication or sale of any securities to ensure acceptance of the financing structure and the ability of bond counsel to deliver an unqualified opinion and review tax certificate to the municipality. Assist in the preparation and review of legal DocuSign Envelope ID: 5084EC0E-1E1B-44BB-82B8-7C1EFDA93D86

11.18 and financing documents in coordination with municipality legal counsel, bond counsel, underwriter’s counsel (if any) and disclosure counsel (if any), City staff, and other relevant parties. • With respect to bond financings, assist in sizing and structuring of the sale, prepare credit presentations, determine the maturing schedule, establish syndicate policies and closing procedures, and any other matters which may assist the City in obtaining the lowest practical interest cost and the widest competition for purchase of its obligations. • Assist in the preparation and review of legal and financing documents in coordination with City staff, consultants, City Counsel, bond counsel, underwriter’s counsel (if any) and disclosure counsel (if any), and other relevant parties.
• Create presentation materials and arrange calls/meetings with the rating agencies, bond underwriters (if negotiated), institutional investors, financial publications, credit enhancers, and other market participants. Note that presentation materials must meet or exceed the City’s current aesthetic and informational standards.
• Participate in pre-closing and closing activities to ensure that all documents contained in the transaction of the sale accurately reflect the municipality’s understanding of the terms of the transaction. Review and approve closing documents including the tax certificate and 8038 filing forms.
• Prepare a comprehensive “Final Pricing Book” within a reasonable time of the closing of each financing transaction that includes information requested by the City, at a minimum summary of the transaction describing any unique financing feature, security and other characteristics of the transaction.
• Assist in the preparation and the required reporting of continuing disclosure documents, monitoring and reporting of disclosure events.
• Make available qualified personnel for consultations and conferences with municipality officials, bond counsel, and staff members, as well as for other meetings on an as needed basis. • Perform other financial advisory services as may be required from time to time, including advising a municipality on refunding opportunities.
• Assist with preparing City Council presentations and/or make presentations to City Council and City Management, as requested.

Task 2 Deliverables: Example Report, Project implementation Plan, Design, Drawing, Specifications, Schema, Assessment, Training, Community Outreach Session, Communication Plan, Presentation, etc.

Task 2 Timing: All tasks shall be completed to the City’s satisfaction and deliverables turned over to City staff in a timely matter that meets City needs in respect to the specific bond, project or financing initiative.

Alternative Sources
In the event the consultant is unable to provide services when needed, the City reserves the right to solicit from another source.

DocuSign Envelope ID: 5084EC0E-1E1B-44BB-82B8-7C1EFDA93D86

11.19 Exclusions
Excluded from this specification are all items purchased separately on other City contracts. The City also reserves the right to bid separately any item or items where it is determined by the Purchasing Manager that a substantial savings in cost will result due to a large quantity purchase, of the service is not appropriately classified under this specified contract.

DocuSign Envelope ID: 5084EC0E-1E1B-44BB-82B8-7C1EFDA93D86

11.20 EXHIBIT B: FEE SCHEDULE
Task 1 Pricing
Subject to NHA staff hourly rates with NTE for Year 1-5 ($49,500) with increases for Year 6 ($52,500), Year 7 ($55,000), Year 8 ($57,500), Year 9 ($60,000) and Year 10 ($62,500) DocuSign Envelope ID: 5084EC0E-1E1B-44BB-82B8-7C1EFDA93D86

11.21 Task 2 Pricing (Financing Engagements Per Project) DocuSign Envelope ID: 5084EC0E-1E1B-44BB-82B8-7C1EFDA93D86

11.22 Expenses (Out-of-Pocket)
All expenses will be billed directly at cost to the City. Expenses will be limited to those necessary for completion of the project not to exceed $5,000 annually.

DocuSign Envelope ID: 5084EC0E-1E1B-44BB-82B8-7C1EFDA93D86

11.23 DocuSign Envelope ID: 5084EC0E-1E1B-44BB-82B8-7C1EFDA93D86

11.24 DocuSign Envelope ID: 5084EC0E-1E1B-44BB-82B8-7C1EFDA93D86

11.25 DocuSign Envelope ID: 5084EC0E-1E1B-44BB-82B8-7C1EFDA93D86

11.26 EXHIBIT C: WORK SCHEDULE
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DocuSign Envelope ID: 5084EC0E-1E1B-44BB-82B8-7C1EFDA93D86

11.27 EXHIBIT D: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 as specified below.

B. MINIMUM SCOPE AND LIMITS OF INSURANCE
Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. If Consultant maintains broader insurance coverage and/or higher limits than the minimums shown below, the City of Santa Cruz requires and shall be entitled to the broader insurance coverage and/or higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Cruz.

Coverage will be at least as broad as:
• COMMERCIAL GENERAL LIABILITY (CGL): $1,000,000 PER OCCURRENCE; $2,000,000 AGGREGATE Proof of coverage for $1 Million per occurrence and $2 Million in the aggregate 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): $1,000,000 PER OCCURRENCE OR CLAIM, $2,000,000 AGGREGATE.

Consultant will maintain insurance appropriate to Consultant’s profession; with limit no less than $1,000,000 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 the contract of work.
• AUTOMOBILE LIABILITY:

Proof of coverage for $1,000,000 provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non-owned autos (Code 9), per accident for bodily injury and property damage.

DocuSign Envelope ID: 5084EC0E-1E1B-44BB-82B8-7C1EFDA93D86

11.28 • 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.

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, products and completed 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). o PRIMARY COVERAGE
For any claims related to this Agreement, Consultant’s and all subcontractor’s insurance coverage will be primary and non-contributory 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 and all subcontractor’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 insurance policies maintained by the additional insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant’s primary and excess liability policies are exhausted.
• DURATION OF COVERAGE
DocuSign Envelope ID: 5084EC0E-1E1B-44BB-82B8-7C1EFDA93D86

11.29 CGL & Excess Liability/Umbrella policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
• SELF-INSURED RETENTIONS (SIR)
Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. • ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.
• CLAIMS MADE POLICIES
If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
• VERIFICATION OF COVERAGE
Consultant will furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy (and CPL, automobile and any Excess Liability/Umbrella policies, as applicable) listing all policy endorsements to be approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

D. SUBCONTRACTORS
Consultant shall include their subcontractor(s) as additional insured(s) under the policies or shall furnish separate certificates and endorsements for each contractor and subcontractor. Consultant shall require and verify that all contractors and subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City, its officers, officials, employees, agents, and volunteers are named as additional insureds on insurance required from its contractor(s) and subcontractor(s).

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.

DocuSign Envelope ID: 5084EC0E-1E1B-44BB-82B8-7C1EFDA93D86

11.30 City Council

AGENDA REPORT
DATE: 08/03/2023
AGENDA OF: 08/22/2023
DEPARTMENT: Parks and Recreation
SUBJECT: Downtown Recovery – Phase I-IV – Authorization to Advertise for Bids and Award Contracts (PR)
RECOMMENDATION: Motion to authorize staff to advertise for bids and award contracts to provide new waste and recycling receptacles, provide new benches, and paint existing site furnishings to carry out the Downtown Recovery – Phase I-IV project (c302312). The City Manager is hereby authorized and directed to execute the contracts in forms approved by the City Attorney and as authorized by Resolution No. NS-27,563. The Parks and Recreation Director, Economic Development and Housing Director, and Public Works Director are authorized to execute change orders within approved budgets.

BACKGROUND: In the FY 2023 budget, City Council approved the Downtown Recovery – Phase I-IV capital investment program (CIP) project (c302312) to begin implementation of Downtown Site Furnishing Standards to key amenities such as plantings, bike racks, trash cans, benches, and aspects of the hardscaping.

On September 22, 2022 the Downtown Commission accepted the Downtown Site Furnishing Standards report prepared by RRM Design Group and adopted the standards described therein for City-owned site furnishings in the downtown area.

An information report was submitted to the City Council on the agenda of November 15, 2022 presenting the Downtown Site Furnishing Standards report and the process by which it had been developed.

DISCUSSION: Through further discussions with Department Heads and the City Manager’s Office, the priorities for implementation of the Downtown Recovery CIP project were identified as replacement of trash and recycling receptacles, replacement of benches, and painting of remaining items. Initial scoping of all three elements indicates that they will come in over $100,000, so we are requesting Council authorization to proceed with bid advertisement and award.

The painting project will cover streetlights, street sign poles, bike racks, raised planter bed fences, and possibly kiosks with recommended colors from the Site Furnishing Standards.

If the lead time for purchase of the new site furnishings is sufficient, we aim to have them installed before downtown’s peak winter shopping season.

12.1 Additional project work will include replacement of vandalized street name lettering at key intersections along Pacific Avenue, removal of damaged and unused street furnishings, and inhouse painting of curbs and parking meter poles.

HEALTH IN ALL POLICIES: This project supports Santa Cruz County’s current goals of increased economic vitality, access to diverse community arts and cultural experiences, and safety of neighborhoods and communities.

FISCAL IMPACT: The estimated cost for these three contracts is $400,000. Funds are available in the Downtown Recovery – Phase I-IV capital investment program project (c302312), in allocated funding from Economic Development Trust Fund, and from the Downtown Parking District (for bicycle rack painting).

Prepared By:

Travis Beck
Superintendent of Parks
Submitted By:

Tony Elliot
Director of Parks and
Recreation
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. DOWNTOWN SITE FURNISHING STANDARDS REPORT.PDF

2. INFORMATION REPORT, AGENDA OF NOVEMBER 15, 2022.PDF

12.2 CITY OF SANTA CRUZ

DOWNTOWN SITE FURNISHING

STANDARDS
SEPTEMBER 2022 AMENDED JULY 2023

12.3 12.4

CITY OF SANTA CRUZ
Travis Beck, Superintendent of Parks
Brian Borguno, Development Manager
Katherine Donovan, Senior Planner
Joanna Edmunds, Transportation Coordinator
Claire Gallogly, Transportation Planner
Jose Garcia, Deputy Chief of Police
Mike Godsy, Neighborhood Parks and Downtown
Field Supervisor
Daniel Gutgesell, Resource Recovery Supervisor
Jessica Hulse, Parking Services Supervisor
Lori McCammon, Neighborhood Parks and
Downtown Field Crew Leader
Bob Nelson, Resource Recovery Operations
Manager
Heather Sawyer, Superintendent of Parking Services
William Scully, Parking Services Supervisor
Richard Smith, Street Maintenance Field Supervisor
Rebecca Unitt, Economic Development Manager

STAKEHOLDERS
Kamala Allison, Downtown Management Corporation
Leadership
Sonja Brunner, Downtown Association
Emily Coonerty, Downtown Association
Zach Davis, Downtown Association
Matt Farrell, Downtown Commission
Joe Ferrara, Downtown Commission
Charles Jack, Downtown Recovery Committee
Ian McRae, Downtown Management Corporation
Leadership
Patrick Prindle, Downtown Commission Emeritus
Damani Thomas, Downtown Recovery Committee
Jorian Wilkins, Downtown Association

CITY OF SANTA CRUZ DOWNTOWN SITE FURNISHING STANDARDS

ACKNOWLEDGEMENTS

DOWNTOWN COMMISSION MEMBERS
Carolyn Book-Kelley
Enda Brennan
Elizabeth Carr
Jennalee Dahlen
Matt Farrell (Chair)
Joe Ferrara (Vice Chair)
Daniel Nelson

PREPARED BY

12.5 THIS PAGE INTENTIONALLY LEFT BLANK

12.6 INTRODUCTION

1.1 Purpose 1

1.2 Goals 1

1.3 Downtown Plan Area 2

1.4 Authority and Relationship to Other Documents 2

1.5 City Divisions Roles and Responsibilities 5

EXISTING CONDITIONS

2.1 Introduction 9

2.2 Inventory and Analysis 9

COMMUNITY ENGAGEMENT

3.1 Introduction 15

3.2 Community Outreach 15

CITY-MANAGED SITE FURNISHING STANDARDS

4.1 Site Furnishing Categories 22

4.2 Specific Elements and Products 22

PRODUCT RESOURCES

5.1 Site Furnishing Cut Sheets 32

APPENDICES
Santa Cruz Downtown Site Furnishing Standards Survey Summary 1 2
3 4
5 6

TABLE OF CONTENTS

CITY OF SANTA CRUZ DOWNTOWN SITE FURNISHING STANDARDS

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12.8 INTRODUCTION 1

CITY OF SANTA CRUZ DOWNTOWN SITE FURNISHING STANDARDS

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12.10 SEPTEMBER 2022

INTRODUCTION
CITY OF SANTA CRUZ DOWNTOWN SITE FURNISHING STANDARDS 1

1.1 PURPOSE OF THE PLAN
The purpose of the City of Santa Cruz Downtown
Site Furnishing Standards (Downtown Site
Furnishing Standards) is to provide guidance to
create a cohesive aesthetic in the downtown area by
better coordinating City-owned site furnishings. This
includes benches, trash and recycling receptacles,
tree grates, bike racks, bollards, parking meter
heads and poles, lighting, and signs. Inventory and
analysis of the existing conditions and community
outreach helped inform the selection of the
furnishings in this document. As existing furnishings
are retired, City staff will use the Downtown Site
Furnishing Standards to replace the existing
infrastructure or refurbish and repaint existing
infrastructure per the color palette identified herein.

1.2 GOALS
The following goals were derived to guide the
development of the Plan:
• Reduce the visual clutter and create a unified
site furnishings palette using similar colors,
materials, and forms.
• Provide guidance for installation in the public
right-of-way.
• Improve coordination between different City
departments for site furnishing selection,
installation, and maintenance.

DOWNTOWN SANTA CRUZ

12.11 SEPTEMBER 2022

CITY OF SANTA CRUZ DOWNTOWN SITE FURNISHING STANDARDS
INTRODUCTION 2

1.3 DOWNTOWN AREA
The Downtown Site Furnishing
Standards apply to the following
streets in Downtown Santa Cruz:

Pacific Avenue, Front Street,
Cedar Street, and all the side
streets from Water Street to Depot
Park, as seen in Figure 1.1.

1.4 AUTHORITY AND

RELATIONSHIP TO OTHER

DOCUMENTS
The Downtown Site Furnishing
Standards report was accepted
and the standards described
herein were adopted for Cityowned site furnishings in the downtown area by the Downtown
Commission on September
22, 2022. The Downtown Site
Furnishing Standards is consistent
with and complements the
following documents.

DOWNTOWN PLAN
The Downtown Plan was originally
adopted in 1991 and amended
through January 2020. It provides
a framework for public and
private development in downtown
Santa Cruz. The Downtown Site
Furnishing Standards supports
the principles, goals, and
recommendations of the Plan.

WATER ST.

PACIFIC AVE.

FRONT ST.

CEDAR ST.

CENTER ST.

LAUREL ST.

LINCOLN ST.

LOCUST ST.

CHURCH ST.

WALNUT AVE.

SOQUEL AVE.

DEPOT
PARK

KEY MAP NOT TO SCALE
FIGURE 1.1: PROJECT STUDY AREA MAP

12.12 SEPTEMBER 2022

INTRODUCTION
CITY OF SANTA CRUZ DOWNTOWN SITE FURNISHING STANDARDS 3

DOWNTOWN SANTA CRUZ BRAND GUIDELINES
The Downtown Association of Santa Cruz recently
updated the Downtown Santa Cruz logo and
branding. The Downtown Site Furnishing Standards
sources colors from the branding guidelines.

PACIFIC AVENUE STREETSCAPE MAINTENANCE MANUAL
The Pacific Avenue Streetscape Maintenance
Manual was prepared in 1994, following a complete
rebuild of Pacific Avenue, as a manual to provide
direction on maintenance and design intent for
Pacific Avenue, including plant materials, street
furniture, specialty items, lighting and electrical, and paving. The Downtown Site Furnishing Standards is
consistent with and furthers the intent of the manual.

The standards herein will replace the street furniture
standards found in the Appendix, and shall apply to
Pacific Avenue and the streets shown on Figure 1.1.

The manual also describes the design intent for the
furnishings.
“The design intent for the furnishings was to
locate them all within a single corridor or zone
along the sidewalk and in such a fashion to
create places to sit and tarry without interfering
with pedestrian movement or cafe seating.

All furnishings are located along a common
centerline shared with the street trees and
streetlights next to the street edge.”
The standards in this document will replace existing
furnishings and keep the design intent in place.

DOWNTOWN SANTA CRUZ

12.13 SEPTEMBER 2022

CITY OF SANTA CRUZ DOWNTOWN SITE FURNISHING STANDARDS
INTRODUCTION 4

WAYFINDING DESIGN
The Downtown Site Furnishing Standards
complement the wayfinding signage design
implemented in 2019 and incorporate the colors
selected in that project.

12.14 SEPTEMBER 2022

INTRODUCTION
CITY OF SANTA CRUZ DOWNTOWN SITE FURNISHING STANDARDS 5

1.5 CITY DIVISIONS ROLES AND

RESPONSIBILITIES
Several City departments and other entities all work
in unison to keep downtown Santa Cruz a lively,
beautiful, and functioning place that serves as the
central focus of the community. The departments
below have responsibility for managing elements of
downtown furnishings:
• Public Works Sanitation
• Public Works Parking
• Public Works Streets
• Parks and Recreation
• Economic Development
These departments currently provide base level
of services defined in the Baseline Level of
Services Document. Services are described for
each department including public trash receptacle
maintenance, sidewalk sweeping and pressure
washing, etc. The Pacific Avenue Streetscape
Maintenance Manual also includes guidance on City
maintenance activities as envisioned immediately
after the reconstruction of downtown following the
1989 earthquake.

DOWNTOWN SANTA CRUZ

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12.16 CITY OF SANTA CRUZ DOWNTOWN SITE FURNISHING STANDARDS EXISTING CONDITIONS 2

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12.18 SEPTEMBER 2022

EXISTING CONDITIONS
CITY OF SANTA CRUZ DOWNTOWN SITE FURNISHING STANDARDS 9

2.1 INTRODUCTION
This section discusses the existing conditions
pertaining to site furnishings within the study area.

2.2 INVENTORY & ANALYSIS
The following existing site furnishings were
observed during a site visit in February 2020 in
addition to feedback provided by the City:
• benches
• bike racks
• bollards
• garbage cans
• lighting
• meter heads and poles
• miscellaneous
• signage
• tree grates
• drinking fountains
The collage on pages 10-11 shows the existing site
furnishings that can be found in the study area.

As seen in the photos, there are several different
products for the same site furnishing. For example,
there are eight different types of bike racks and six
different types of trash cans. This document aims to
provide direction so that eventually there will be one
unified palette that speaks to the character of Santa
Cruz.

DOWNTOWN SANTA CRUZ

12.19 SEPTEMBER 2022
EXISTING CONDITIONS 10CITY OF SANTA CRUZ DOWNTOWN SITE FURNISHING STANDARDS

EXISTING SITE FURNISHINGS

12.20 SEPTEMBER 2022

EXISTING CONDITIONS
CITY OF SANTA CRUZ DOWNTOWN SITE FURNISHING STANDARDS 11

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12.22 CITY OF SANTA CRUZ DOWNTOWN SITE FURNISHING STANDARDS COMMUNITY ENGAGEMENT 3

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12.24 SEPTEMBER 2022

COMMUNITY ENGAGEMENT
CITY OF SANTA CRUZ DOWNTOWN SITE FURNISHING STANDARDS 15

3.1 INTRODUCTION
The City of Santa Cruz and RRM Design Group
used various strategies to gather input from local
residents, employees, and visitors around the
downtown area on the community’s preference for
various site furnishings and landscaping.

3.2 COMMUNITY OUTREACH

STAKEHOLDER INTERVIEWS
Stakeholder meetings with key city staff and
business owners were conducted to gather input
on issues and concerns regarding furnishings,
maintenance, durability, costs, users, design and
safety. Stakeholder feedback assisted in providing
direction on furnishing selection, in addition to input gathered from community outreach.

SURVEY AND POP-UP WORKSHOP
In order to understand the community’s wishes for
future site furnishings, the City conducted an online
survey from December 15, 2021 to February 15,
2022 which reached 898 participants. The survey
consisted of 18 questions centered on participant
information, downtown Santa Cruz character,
opinion on a variety of furnishing styles, materials
and colors, and streetscape design preferences.

The questions used in the survey were organized
onto boards and presented as an interactive
exercise with tape dots identifying preferences
at a pop-up workshop. This pop-up was held on
Wednesday, January 12, 2022 from 1:00 p.m. to
5:00 p.m. at the Downtown Farmers Market. Eightythree people participated. POP-UP AT THE DOWNTOWN FARMERS MARKET

12.25 SEPTEMBER 2022
COMMUNITY ENGAGEMENT 16CITY OF SANTA CRUZ DOWNTOWN SITE FURNISHING STANDARDS

OUTREACH FINDINGS
A list of preferred street furnishings was generated
based on the online and in-person responses.

Questions addressed furnishing types, styles,
colors, materials, locations, and how the participants
interact with the existing street furnishings in
Downtown Santa Cruz. The following summarizes
the questions and responses received.

The greatest number of online participants selected
‘Uniquely Santa Cruz’ (47%) and ‘Historic’ (37%
as favorite characteristics about Downtown Santa
Cruz’s style. Responses from the pop-up workshop
varied slightly from the online survey with inperson participants choosing ‘Artistic’ (38%) and an ‘Eclectic Mix of Interesting Styles’ (37%) as the top
characteristics about Downtown Santa Cruz.

When asked how historic character should be
included in the Downtown infrastructure, both online
(73%) and in-person (90%) agreed there should be
a mix of historic and contemporary styles to balance
old and new.

When asked whether site furnishings (benches,
trash receptacles, bike racks, etc.) should be of
the same family of furnishings (same style and
materials) or if they should be different, 54% of
online and in-person participants agreed they can
be different to provide a variety. FURNISHINGS SHOWN ARE PART OF A FAMILY OR GROUP OF FURNISHINGS INCORPORATING SIMILAR STYLE, COLORS, AND MATERIALS.

UNIQUELY SANTA CRUZ

HISTORIC

ARTISTIC

ECLECTIC MIX OF INTERESTING STYLES

BEACH-TOWN

PARK-LIKE ENVIRONMENT

HIP AND URBAN

WHAT ARE YOUR FAVORITE CHARACTERISTICS ABOUT DOWNTOWN SANTA CRUZ’S STYLE?
✅
✅

12.26 SEPTEMBER 2022

COMMUNITY ENGAGEMENT
CITY OF SANTA CRUZ DOWNTOWN SITE FURNISHING STANDARDS 17

COLORFUL BIKE U-SHAPE/ HOOP
RACKS

EXISTING LAMP POSTS AND
LIGHTS

INTERACTIVE MUSIC

FEATURES

GAMES SCULPTURES

PLANTER FENCE

FESTOON OVERHEAD CATENARY

IRREGULAR LOOP
The survey and pop-up workshop asked participants
to choose their streetscape preferences regarding
lighting. A majority of participants, both online and
in-person, voted that they liked the existing lights
and to keep the existing style of lighting with the
addition of festoon and overhead lighting.

Other elements were included in the survey to
improve the look of Downtown, these included
sculptures, planters, kinetic interactive elements,
games, and interactive music features. Online
participants favored ‘Sculptures’ (63%) and
‘Standard Style Planters’ (57%) as additional
amenities to include Downtown. In-person
responses also suggested ‘Interactive Music
Features’ (37%) as a preferred amenity.

The greatest number of participants, both online
(40%) and in-person (46%), ranked the historic
‘Planter Fence’ as their favorite over the other
typical tree planters in the Downtown area, including
tree grates, raised curb tree well, raised curb with
fence, and flush planters.

The greatest number of online participants preferred
‘Colorful Bike Racks’ and ‘U-Shape/Hoop’(28%
equally). Participants from the pop-up workshop
indicated their preference for ‘Irregular Loop’ (39%)
followed by ‘U-Shape/Hoop’ (33%).

12.27 SEPTEMBER 2022
COMMUNITY ENGAGEMENT 18CITY OF SANTA CRUZ DOWNTOWN SITE FURNISHING STANDARDS Participants were provided an array of benches
to rank their top two choices. Online participants
expressed a preference for ‘Traditional Wood and
Steel’ (35%), ‘Wood Slat’ (29%) and the ‘Metal
Powdercoat’ (25%) bench. In-person responses
ranked ‘Traditional Wood and Steel’ (40%), ‘Wood
Slat’ (28%) and Multicolor (24%) bench.

Online survey responses favored ‘Black Metal’
(36%) and ‘Wood Batten’ (36%) trash receptacles
while ‘Color with Pattern’ (33%) and ‘Standard
Square with Wood’ (29%) were favored by
participants at the pop-up workshop.

The online survey asked participants about other
elements that could improve the look of downtown
in an “other” category. Main ideas and comments
generated are categorized below:
• Creation of more car-free public space
• Inclusion of space for outdoor dining,
farmer’s market, outdoor vending, and street
performance
• Concerns about safety and cleanliness
• Concerns about the impacts of homelessness
• A desire for shaded seating and more
landscaping
• Support for more art and interactive art
• Support for permanent outdoor dining areas
The complete outreach summary and comments
can be referenced in the Appendix.

TRADITIONAL WOOD

AND STEEL

WOOD SLAT BENCH METAL POWDER COAT
BENCH

COLOR WITH PATTERN STANDARD SQUARE WITH WOOD

BLACK METAL WOOD BATTEN

12.28 SEPTEMBER 2022

COMMUNITY ENGAGEMENT
CITY OF SANTA CRUZ DOWNTOWN SITE FURNISHING STANDARDS 19 The results and feedback were informative and
valuable in guiding the selection of furnishings
for the Downtown Site Furnishing Standards.

Chapter 4 identifies the selected mix of historic and
contemporary styles that help create a look that is
unique to Santa Cruz, retaining the historic elements
that were most strongly preferred by the community.

Furnishings were also evaluated and supported by
staff for their utility and durability.

12.29 THIS PAGE INTENTIONALLY LEFT BLANK

12.30 CITY OF SANTA CRUZ DOWNTOWN SITE FURNISHING STANDARDS 4 CITY-MANAGED SITE

FURNISHING STANDARDS

12.31 SEPTEMBER 2022
CITY MANAGED INFRASTRUCTURE STANDARDS 22CITY OF SANTA CRUZ DOWNTOWN SITE FURNISHING STANDARDS

4.1 SITE FURNISHING CATEGORIES
One of the main goals of the Downtown Site
Furnishing Standards is to reduce the visual clutter
and create a unified site furnishings palette using
similar colors, materials, and forms. While some of
the following furnishings aren’t all from the same
family or manufacturer, a common color palette ties
the wayfinding signage and furnishings together.

Visual clutter will be reduced when all furnishings
have been replaced with the new standards in this
document. The standard furnishings herein were
carefully selected based on community feedback,
stakeholder comments, and staff input. Design
intent, color palette, durability, cost, maintenance,
and other requirements were also evaluated in the
final selection.

Furnishings in the public realm should be installed
as existing furnishings need to be replaced or if
funding is designated for installation. Light poles,
and parking meter poles should be painted as soon
as possible.

Private development that creates public spaces,
such as paseos, may follow the standards to unify
the downtown character through furnishings, and
may also use the complementary color palette in
Figure 4.1. These recommendations would also
be well suited for the connections between the
Riverwalk and Front Street with future development
to further enhance the visual cohesion in the
Downtown.

4.2 COLOR

COLOR PALETTE
Figure 4.1 shows the color palette that was used
for the city’s wayfinding signage program. The
site furnishings draw from this same palette as
a way to unify street infrastructure. A majority of
the furnishings are using the primary color navy
blue (Pantone 539C). The lighting is using the
secondary color Las Palmas Blue. There is also an
opportunity to create character at specific nodes,
plazas, intersections, and paseos by using the same
furnishings, but choosing an alternative color in the
complementary color palette. These areas can add
a unique identity to each space while maintaining
the cohesive character of Downtown. The city
should look at identifying where alternative colors
could be used. Figure 4.1 identifies the Downtown
Streetscape primary and secondary color locations,
as well as possible plazas and paseos identified in
the Downtown Plan where complimentary colors
may be used.

The color palette on the next page includes RAL
numbers for powder coated steel, as well as
Mathew’s Paint colors, and their associated RGB
and HEX values. There is no direct correlation
between Matthews Paint codes compared to these
RAL numbers, hence the minor difference in the
color that may be noticed after production.

12.32 SEPTEMBER 2022

CITY MANAGED INFRASTRUCTURE STANDARDS
CITY OF SANTA CRUZ DOWNTOWN SITE FURNISHING STANDARDS 23 FIGURE 4.1: SITE FURNISHING COLOR PALETTE
PANTONE 539C

DOWNTOWN STREETS WITH PRIMARY

AND SECONDARY COLOR PALETTE

DOWNTOWN ALLEYS OR PASEOS WITH

COMPLEMENTARY COLORS

DOWNTOWN PLAZAS WITH

COMPLEMENTARY COLORS

LAS PALMAS
BLUE

CIEL BLUE

PRIMARY COLOR

COLORS RGB VALUE
0, 38, 58
73, 161, 188
195, 89, 65
239, 168, 0
RAL 5012
RAL 1034
RAL 4007
RAL 7045
RAL 6027
RAL 5020
RAL 2001
RAL 5011
134, 60, 89
149, 143, 140
122, 205, 185
59, 84, 92

HEX NUMBER
#00263A
#3B545C
#49A1BC
#C35941
#EFA800
#863C59
#958F8C
#7ACDB9

COMPLEMENTARY COLORS SECONDARY COLOR

MATTHEWS PAINTS

SOUTHERN CLAY

CALLIOPE

MARSALA

PANSAUCE

JUST GREY
MILKY

TURQUOISE
WATER ST.

PACIFIC AVE.

FRONT ST.

CEDAR ST.

CENTER ST.

LAUREL ST.

LINCOLN ST.

LOCUST ST.

CHURCH ST.

WALNUT AVE.

SOQUEL AVE.

DEPOT
PARK

KEY MAP

NOT TO SCALE
FIGURE 4.2: COLOR PALETTE LOCATIONS
*
* *
*
** RAL 5008
SHERWIN WILLIAMS "RAINSTORM" SW6230
SHERWIN WILLIAMS "DARK NIGHT" SW6237
SHERWIN WILLIAMS "BLUE PLATE" SW6796
SHERWIN WILLIAMS "STEELY GRAY" SW7664

SHERWIN WILLIAMS PAINT COLORS PROVIDE LOCALLY-AVAILABLE ALTERNATIVES

12.33 SEPTEMBER 2022
CITY MANAGED INFRASTRUCTURE STANDARDS 24CITY OF SANTA CRUZ DOWNTOWN SITE FURNISHING STANDARDS

TRASH RECEPTACLE

BENCH ARMREST AND LEGS

RECYCLING RECEPTACLE

BATTEN SLATS

4.3 SITE FURNISHING STANDARDS
The following furnishings shall be used as the city
standard when replacing existing, or siting new
furnishings.

BENCHES
MANUFACTURER: Street Furniture
WEBSITE: https://streetfurniture.com/us/
MODEL: Classic Promenade Seat
BATTEN: Aluminum Woodgrain in Bush Cherry
COLOR: Color to match Pantone 539C, RAL: 5011
MOUNTING: Arch RAL: 5008
SIZE: Custom 58”

TRASH AND RECYCLING RECEPTACLES
MANUFACTURER: SECURR
WEBSITE: www.trash-cans.com
MODEL: CG35 Trash
FINISH: Powder Coated
COLOR: Trash color: Just Gray (RAL: 7045), Recycle
color: Ciel Blue (RAL: 5012).

SIZE: 23 in(W) x 51 in(H) x 27 in (D)
OPTIONAL ADD ON: Consider vinyl wraps through art
program

TO INCLUDE CENTER ARMREST

12.34 SEPTEMBER 2022

CITY MANAGED INFRASTRUCTURE STANDARDS
CITY OF SANTA CRUZ DOWNTOWN SITE FURNISHING STANDARDS 25

BIKE RACKS
MANUFACTURER: MADRAX
WEBSITE: https://www.madrax.com
MODEL: U Bike Rack (UX238)
FINISH: Powder coated, surface mount
COLOR: Color to match Pantone 539C, RAL: 5011
SIZE: 2-3/8” tube / 20”w x 34”h

BIKE LOCKER
MANUFACTURER: eLock Technologies
WEBSITE: https://www.bikelink.org
MODEL: G6-Rev2
FINISH: Exterior Frame, Roof and Doors: Perf 16
gauge 304 Stainless Steel with #4 finish
INTERIOR: G90 galvanized steel
Optional - Powered Coated custom color finish

BIKE RACK
RAL: 5008

12.35 SEPTEMBER 2022
CITY MANAGED INFRASTRUCTURE STANDARDS 26CITY OF SANTA CRUZ DOWNTOWN SITE FURNISHING STANDARDS

TREE GRATE
MANUFACTURER: Neenah Foundry
WEBSITE: https://groupnei.com/
MODEL: R8710 (Public Works City Standard)
FINISH: Cast iron with u-frame and access hole
SIZE: 36” X 36”, 48” x 48”

DRINKING FOUNTAIN
MANUFACTURER: ELKAY
WEBSITE: https://www.elkay.com/us/en.html
MODEL: LK4420BF1UDB Elkay Outdoor ezH2O
Upper Bottle Filling Station Bi-Level, Pedestal with
Pet Station Non-Filtered Non-Refrigerated
FINISH: Powder-coated steel
COLOR: Gray

12.36 SEPTEMBER 2022

CITY MANAGED INFRASTRUCTURE STANDARDS
CITY OF SANTA CRUZ DOWNTOWN SITE FURNISHING STANDARDS 27

PARKING METERS
Parking meter to match new upgraded digital
option.

COLOR: Parking meters attached to light, light post
color to be Las Palmas Blue.

PARKING METER POST

PARKING METER POST ATTACHED TO LIGHT POST

12.37 SEPTEMBER 2022
CITY MANAGED INFRASTRUCTURE STANDARDS 28CITY OF SANTA CRUZ DOWNTOWN SITE FURNISHING STANDARDS

LIGHT POSTS
MANUFACTURER: SPRING CITY ELECTRICAL

MANUFACTURING COMPANY
WEBSITE: https://www.springcity.com/
MODEL: Madison Steel
FINISH: Powder-coated steel
COLOR: Las Palmas Blue

LIGHT POST

FESTOON LIGHTS
Festoon lights to match existing. Connect to existing light posts for power when possible.

COLOR: Cord black to match existing, 3000K LED
light fixture

12.38 SEPTEMBER 2022

CITY MANAGED INFRASTRUCTURE STANDARDS
CITY OF SANTA CRUZ DOWNTOWN SITE FURNISHING STANDARDS 29

HISTORIC PLANTER FENCE
MANUFACTURER: Existing historic fence
MATERIAL: Bronze and steel
COLOR: Repaint existing historic fence to match
Pantone 539C (RAL:5011), polish bronze

PLANTER FENCE

ARTISTIC PLANTER FENCE
MANUFACTURER: Fabricated by local artists
MATERIAL: Weathered steel

REPLICA PLANTER FENCE
MANUFACTURER: Ironage Designs or approved equal
WEBSITE: https://www.ironagegrates.com/
MODEL: Custom, see Chapter 5 for details and
dimensions
MATERIAL: Powder coated steel
COLOR: Pantone 539C (RAL:5011)
RAL: 5008
RAL: 5008

12.39 SEPTEMBER 2022
CITY MANAGED INFRASTRUCTURE STANDARDS 30CITY OF SANTA CRUZ DOWNTOWN SITE FURNISHING STANDARDS

ADDITIONAL FURNISHINGS TO ENHANCE THE STREETSCAPE
In addition to standardized streetscape furnishings,
there is opportunity to enhance Downtown with
whimsical and playful elements to inspire play,
creativity, and interactive pieces. The community
has expressed interest in the City identifying
appropriate locations and interactive features to
implement Downtown.

Some recommended sources and manufacturers
that have products in this style are listed below:
• Local artists through the Santa Cruz Arts
Commission
• Richter Spielgeräte for acoustic, optical, playful
competition, and moving sculptural pieces
(https://www.richter-spielgeraete.de/en/playgroundequipment/products/) • Goric for sculptural, sensory, and sound
products (https://goric.com/products/)

INTERACTIVE MUSIC FEATURES GAMES

MOVING SCULPTURES SCULPTURES

12.40 CITY OF SANTA CRUZ DOWNTOWN SITE FURNISHING STANDARDS PRODUCT RESOURCES 5

12.41 SEPTEMBER 2022
PRODUCT RESOURCES 32CITY OF SANTA CRUZ DOWNTOWN SITE FURNISHING STANDARDS BENCH

5.1 SITE FURNISHING CUT SHEETS

12.42 SEPTEMBER 2022

PRODUCT RESOURCES
CITY OF SANTA CRUZ DOWNTOWN SITE FURNISHING STANDARDS 33

BENCH (CONTINUED)

12.43 SEPTEMBER 2022
PRODUCT RESOURCES 34CITY OF SANTA CRUZ DOWNTOWN SITE FURNISHING STANDARDS 14.0

22.8 6.0

50.8 25.9

18.000

30.0 30.0

18.0 4.0
1/2" J BOLTSSUNK IN CONCRETEPROTRUDES 1"(ANCHOR BOLTS OPTIONAL)

REBAR RECOMMENDED

IN CONCRETE PAD
NOTES:

GALVANNEALED STEEL CONTRUCTION. •STAINLESS STEEL HINGE. •U.V. RESISTANT POWDER COAT FINISH. •CUSTOM OPENINGS AVAILABLE. •MULTIPLE LATCH OPTIONS. • 1390 S. MILLIKEN AVE
ONTARIO CA 91761

DO NOT SCALE DRAWING
CG35
SHEET 1 OF 1

D MOORE
JCERDA
UNLESS OTHERWISE SPECIFIED:

SCALE: 1:24 WEIGHT:

REV
TITLE:

SIZE
A

NAME DATE
DRAWN

CHECKED
ENG APPR.

MFG APPR.

Q.A.

COMMENTS: (909) 605-0538
(909) 605-7780
PHONE:

FAX:

DIMENSIONS ARE IN INCHESTOLERANCES:FRACTIONAL
www.securr.com
.015
ANGULAR: MACH BEND
TWO PLACE DECIMAL .020
THREE PLACE DECIMAL .010
5 4 3 2 1
THE INFORMATION CONTAINED IN THISDRAWING IS THE SOLE PROPERTY OFsecurr. ANY

REPRODUCTION IN PART OR AS A WHOLEWITHOUT THE WRITTEN PERMISSION OF securr IS
PROHIBITED.

PROPRIETARY AND CONFIDENTIAL

TRASH AND RECYCLING RECEPTACLES

12.44 SEPTEMBER 2022

PRODUCT RESOURCES
CITY OF SANTA CRUZ DOWNTOWN SITE FURNISHING STANDARDS 35

BIKE RACKS

CONCRETE
SPIKE
3" X 6" X 3/8" THICK
2 EA. 7/16" SQ. HOLE TYP. 14" MIN.

CONCRETE

ANCHOR ROD

IN GROUND MOUNT (IG)
2 3/8" STEEL TUBING
30"
44"
27 5/8"±1/2"
34"
GRADE

CHECK DESIRED MOUNT

SURFACE FLANGE MOUNT (SF)
PRODUCT: UX238-IG(SF)
DESCRIPTION: 'U' BIKE RACK
2 BIKE, SURFACE OR IN GROUND MOUNT
DATE: 10-5-18
ENG: SMC
NOTES:

1. INSTALL BIKE RACKS ACCORDING TO MANUFACTURER'S SPECIFICATIONS.

2. CONSULTANT TO SELECT COLOR (FINISH), SEE MANUFACTURER'S SPECIFICATIONS.

3. SEE SITE PLAN FOR LOCATION OR CONSULT OWNER.

CONFIDENTIAL DRAWING AND INFORMATION IS NOT TO BE COPIED OR DISCLOSED TO OTHERS WITHOUT THE CONSENT OF GRABER MANUFACTURING, INC.

SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE.
©2018 GRABER MANUFACTURING, INC. ALL PROPRIETARY RIGHTS RESERVED.

MADRAX DIVISION
GRABER MANUFACTURING, INC.
1080 UNIEK DRIVE
WAUNAKEE, WI 53597
P(800) 448-7931, P(608) 849-1080, F(608) 849-1081
WWW.MADRAX.COM, E-MAIL: [email protected]

12.45 SEPTEMBER 2022
PRODUCT RESOURCES 36CITY OF SANTA CRUZ DOWNTOWN SITE FURNISHING STANDARDS

BIKE RACK INSTALLATION

12.46 SEPTEMBER 2022

PRODUCT RESOURCES
CITY OF SANTA CRUZ DOWNTOWN SITE FURNISHING STANDARDS 37

BIKE LOCKER CUT SHEET
Gen 7 eLocker
Plan View
Front Elevation
52”82”
31”
36”
Electronics
• FCC Certified Bluetooth 5 LE Module• 10-year battery life without solar or line power• Door open sensor• Vandal-resistant user interface• Accelerometer to detect possible vandalism and send alerts
• Latch pawl position sensors
Firmware
• Interfaces via Bluetooth with BikeLink App, K4
Kiosk, and G7 UI Module.
• Capable of interfacing with other apps and
Bluetooth devices
• Operates latches• Generates accelerometer (tampering), low battery, and door open alerts
• If someone closes the latch when door is open,
firmware will reopen the latch so door can beclosed
Installation &Modularity Features• Can be shipped fully assembled or flat packed• Large mechanically mounted custom number and instructions plate at each door
• Bolted interconnection system eliminates unsightly gaps when creating banks of multiple lockers
• All components are individually replaceable using simple hand tools
• Deformed shank hammer-driven anchors standard• Entire door designed as simple electronics warranty replacement unit
Override Access & Egress• High-security mechanical cylinder lock for non-electronic access
• Internal emergency mechanical latch release
• Administrative app access
Security Features• Interior nylon-sheathed internal hardened steel security chain for user-supplied lock
• Two 3000 lb rated automotive latches per door provide extreme pry resistance
• 16G double wall door resists pry, puncture, and cutting attacks
• No exterior fasteners• No exposed latch bars to invite tampering• Proprietary security screws deter vandalism from the inside
• Software security token system prevents hacking using a fraudulent app
• 14G stainless steel continuous piano hinge• All stainless steel exterior with smooth welded corners• Visibility for monitoring: bike logo perforated exterior side panels and perforated door panels

BIKE LOCKERS

12.47 SEPTEMBER 2022
PRODUCT RESOURCES 38CITY OF SANTA CRUZ DOWNTOWN SITE FURNISHING STANDARDS

TREE GRATE

12.48 SEPTEMBER 2022

PRODUCT RESOURCES
CITY OF SANTA CRUZ DOWNTOWN SITE FURNISHING STANDARDS 39

PLANTER FENCE
-1855-01.dwg, L-1, Sep 12, 2022 11:12am, aburr \\corp\rrm\on-site\1800\1855-01-UR19-Santa-Cruz-Downtown-Design-Standards\Landscape-Architecture\Task-L2-ConDocs\Sheet-Files\LC PROJECT MANAGER DRAWN BY PROJECT NUMBER CHECKED BY SEPTEMBER 2022 SHEET1855-01-UR19 NO. DATE REVISION DATE

SANTA CRUZ
323 Church St. Santa Cruz, CA 95060

CONSULTANT
AGENCY

CONCEPTS
rrmdesign.com | (805) 963-8283
L-1

PLANTER FENCE DETAIL

LWAB LW

RECTANGUALR PLANTER
1/2" = 1'-0"
8 FENCE SIDE A
1'-1"

BACK OF CURB
59"
5'-8"
7 POST AND PANEL

CONNECTION
3 FENCE SIDE B
1 2" CLR. TO POST
9 POST FOOT
1 RRM-SA4-04

RECTANGULAR CURVED EDGE
1/2" = 1'-0"
5'-8"
3 FENCE SIDE B
8 FENCE SIDE A

4.5"
6 CURVED PANEL
7 POST AND PANEL

CONNECTION
59"
4'-6"
3'-8"

BACK OF CURB
1 2" CLR. TO POST
9 POST FOOT
2 RRM-SA4-06

SQUARE CURVED EDGE
1/2" = 1'-0"
4' 8"

47.5"
8 FENCE SIDE A
6 CURVED PANEL
7 POST AND PANEL

CONNECTION
2'-8"

BACK OF CURB
3'-6"
8 FENCE SIDE A
9 POST FOOT
5 RRM-SA4-05

SQUARE PLANTER
1/2" = 1'-0"
4'-9"

4.5"

47.5"

BACK OF CURB

FENCE PANEL
7 POST AND PANEL

CONNECTION
8 FENCE SIDE A
8 FENCE SIDE A
9 POST FOOT
4 RRM-SA4-08

CURVED PANEL
1 1/2" = 1'-0"
1'-5"
1 14"
1"
1 12" 12"

FASTEN TO

WELDED PANEL

WELD TO
2" Ø POST
7 ENLARGEMENTS NOT TO SCALE

WELDED CORNER TAB
2" Ø POST
PANEL FASTENERS:

0.25-20 UNC X .75" S/S

BUTTON HEAD SECURITY
SCREWS, JAM NUTS ANDSMALL Ø WASHERS

CURVED PANEL CONNECTION
1" SQ. STEEL POST

SEE ENLARGEMENT

SEE ENLARGEMENT
6 RRM-SA4-09

POST AND PANEL CONNECTION
3" = 1'-0"

DUCT IRON PANEL
PANEL FASTENERS:

0.25-20UNC X .75" S/S

BUTTON HEAD SECURITY

SCREWS,
JAM NUTS AND SMALL Ø

WASHERS
2" Ø STEEL PIPE TO

FIT OVER POST
SLEEVE
1" SQ. STEEL POST

CORNER TABS WELDED TO
2" Ø STEEL PIPE

TYPICAL PLAN VIEW

TYPICAL SECTION
BACK OF CONC. CURB
1" SQ. STEEL POST SHALL BE MIN.
12"-30" BELOW FINISH GRADE OF

PLANTER

FEET WELDED TOPOST
9 9 POST FOOT
7 RRM-SA4-28

FENCE SIDE B
1 1/2" = 1'-0"
59"
1' -1" TYP.

WELDED RECTANGULAR TABS FOR SIDE B ENLARGEMENTS NOT TO SCALE

WELDED DUCTILE IRON PANEL IRON POST CAP
2" Ø STEEL POST
1"
1 12" 12"

WELD TO
2" Ø POST
5"

FASTEN TO

WELDED PANEL
1 2" CLR. TO POSTS
1 2
"
1 4
"
2"

WELDS TO

PANEL SHALL BE
ALL ALONG TABS 4'-8" 1"
SEE

ENLARGMENTS
7 POST AND PANEL

CONNECTION
3 RRM-SA4-11

FENCE SIDE A
1 1/2" = 1'-0"
+/- 4.5" TREE WELL CURB

SEE ENLARGEMENT
2 12"
2 12"
3 16
"
CL
2 516"

WELDED RECTANGULAR TABS FOR SIDE A

WELDED DUCTILE IRON PANEL

IRON POST CAP
2" DIA. STEEL POST

47.5" 4.5"
2" DIA. STEEL
POST
1 2" CLR. TO POSTS

RECTANGULAR TABS ONLY USED

AT CORNERS ON FENCE SIDE A

ENLARGEMENT NOT TO SCALE
SEE

ENLARGMENTS
ON DETAIL NO. 3
9 8
RRM-SA4-29

POST FOOT
3" = 1'-0"
2 12" 1 34"
7 8
"
4 12"

SEE ENLARGEMENTS
WELDED TO 2" Ø POST
1/2" X 1-3/4" FOOT SMOOTH

CONTINOIUS WELD
34 "

ENLARGEMENTS NOT TO SCALE

FRONT TOP

OPTIONAL BOLT MOUNT HOLE
34 "
1 58"
1" Ø 12"-30" BELOW PLANTER
2" Ø POST
1" SQ. STEEL POST
9 RRM-SA4-30

12.49 SEPTEMBER 2022
PRODUCT RESOURCES 40CITY OF SANTA CRUZ DOWNTOWN SITE FURNISHING STANDARDS

DRINKING FOUNTAIN

SPECIFICATIONS
Elkay Outdoor ezH2O Upper Bottle Filling Station Bi-Level Pedestal with Pet Station Non-Filtered Non-Refrigerated Model LK4420BF1UDB
In keeping with our policy of continuing product improvement, Elkay reserves the right to change product specifications without notice. Please visit elkay.com for the most current version of Elkay product specification sheets. This specification describes an Elkay product with design, quality, and functional benefits to the user.

When making a comparison of other producers’ offerings, be certain these features are not overlooked.

PRODUCT SPECIFICATIONS
Elkay Outdoor ezH2O® Upper Bottle Filling Station Bi-Level, Pedestal with Pet Station Non-Filtered Non-Refrigerated. Features shall include 316 Stainless, Heavy Duty Vandal Resistant, Laminar Flow, Pet Fountain. Furnished with Vandal Resistant bubbler. Mechanical Front Bubbler Button activation. Product shall be Floor Mount/Freestanding, for Outdoor applications, serving 2 station(s). Unit shall be lead-free design which is certified to NSF/ANSI 61 & 372 (lead free) and meets Federal and State low-lead requirements.

Special Features: 316 Stainless, Heavy Duty Vandal
Resistant, Laminar Flow, Pet Fountain
Finish: Beige (BGE), Black (BK), Blue (BLU),
Brown (BRN), Evergreen (EVG),
Gray (GRY), Orange (ORN),
Powder Coat (12 Color Options) ,
Purple (PUR), Red (RED),
Terracotta (TER), White (WHT),
Yellow (YLW)
Power: No Electrical Required
Bubbler Style: Vandal Resistant
Activation by: Mechanical Front Bubbler Button
Mounting Type: Floor Mount/Freestanding
Chilling Capacity: Non-refrigerated
Dimensions (L x W x H): 26" x 31" x 64"
Approx. Shipping Weight: 205 lbs.

Installation Location: Outdoor
No. of Stations Served: 2
**When used in non-temperature controlled environments, unit(s) must be adequately winterized and/or protected from extreme heat to prevent damage where climates dictate.

Special Note: Bottle Filler Stations 1 (Upper), Bubbler Stations 1 (Low), Choose from 12 color options
 Mechanically-Activated bubbler continues to supply water in event of service disruptions.
 Laminar flow provides clean fill with minimal splash.  Base material constructed from marine-grade 316 stainless steel provides the ultimate corrosion protection from even the most corrosive elements.
 Pet Fountain: Features slow drainage for easy drinking.

Included with Product: Outdoor Bottle Filler
Ships in one box.

AMERICAN PRIDE. A LIFETIME TRADITION.

Like your family, the Elkay family has values and traditions that endure. For almost a century, Elkay has been a family-owned and operated company, providing thousands of jobs that support our families and communities.

PRODUCT COMPLIANCE
ADA & ICC A117.1
ASME A112.19.3/CSA B45.4
Buy American Act
GreenSpec®
NSF/ANSI 61 & 372 (lead free)

Complies with ADA & ICC A117.1 accessibility requirements when installed according to the requirements outlined in these standards. Installation may require additional components and/or construction features to be fully compliant. Consult the local Authority Having Jurisdiction if necessary.

Installation Instructions (PDF)
Warranty pertains to drinking water applications only. Nondrinking water applications are not covered under warranty.

Warranty (PDF)
PART:________________________________QTY: _____________ PROJECT:______________________________________________
CONTACT:______________________________________________
DATE:__________________________________________________ NOTES:_________________________________________________ APPROVAL:_____________________________________________

12.50 SEPTEMBER 2022

PRODUCT RESOURCES
CITY OF SANTA CRUZ DOWNTOWN SITE FURNISHING STANDARDS 41

DRINKING FOUNTAIN (CONTINUED)

When making a comparison of other producers’ offerings, be certain these features are not overlooked.

Elkay REV 04222022 1333 Butterfield Road, Suite 200 © 2022 Page 2 LK4420BF1UDB Downers Grove, IL 60515 LK4420BF1UDB_spec.pdf Optional Accessories
LK4471LHB Locking Hose Bib
Spec Sheet (PDF)
97890C Accessory - Direct Bury Adaptor
Spec Sheet (PDF)
4481FP Outdoor Bottle Filler Foot Pedal Accessory
Spec Sheet (PDF)

12.51 SEPTEMBER 2022
PRODUCT RESOURCES 42CITY OF SANTA CRUZ DOWNTOWN SITE FURNISHING STANDARDS

When making a comparison of other producers’ offerings, be certain these features are not overlooked.

DRINKING FOUNTAIN (CONTINUED)

12.52 CITY OF SANTA CRUZ DOWNTOWN SITE FURNISHING STANDARDS APPENDICES 6

12.53 THIS PAGE INTENTIONALLY LEFT BLANK

12.54 WORKSHOP AND SURVEY

INPUT SUMMARY
Prepared for:

City of Santa Cruz
Prepared by:

RRM Design Group
Downtown Design Standards
City of Santa Cruz, CA

12.55 Workshop And Survey Input Summary
City of Santa Cruz 2
TABLE OF CONTENTS February 2022
1: Introduction........................................................................................................................................ 3 2: Survey and Pop-Up Workshop Input Summary.......................................................................... 4 Appendix A: Combined Survey and Pop-Up Workshop Feedback

12.56 Downtown Design Standards
City of Santa Cruz 3
1: INTRODUCTION
The City has embarked upon development of design standards for City managed infrastructure in the Downtown area that will result in a more user-friendly, flexible, and quality Downtown with standards for benches, bike racks, garbage/recycling receptacles, signage, light fixtures, tree planters and tree gates that will serve as an effective tool to implement the community’s vision to create a more cohesive design for the Downtown. The questions and image choices in the following survey and pop-up workshop asked participants’ opinion on a variety of furnishing styles, materials, and colors. The options are meant to represent different stylistic choices (historic, traditional, modern etc.), but are not specific furnishings the City will choose from.

In order to hear the community’s thoughts on City managed infrastructure in the Downtown area, the City conducted an online survey community pop-up workshop. An online survey was available from December 15, 2021, until February 15, 2022, and reached 898 participants.

The questions used in the survey were organized onto boards and presented as an interactive exercise with tape dots identifying preferences. There were 83 people that participated in the pop-up workshop held Wednesday, January 12, 2022 from 1:00 pm to 5:00 pm at the Downtown Farmer’s Market.

Section 2 provides a review of the survey questions, followed by a summary of responses and community preferences.

Detailed survey and pop-up responses are presented in Appendix A and B, respectively.

Appendix C shows a side-by-side comparison of the two data sets.

Workshop And Survey Input Summary

12.57 City of Santa Cruz
Workshop And Survey Input Summary
City of Santa Cruz 4
2: ONLINE SURVEY AND POP-UP

WORKSHOP INPUT SUMMARY
The survey was posted on the project website from December 15, 2021, until February 15, 2022 and received 898 responses. The survey consisted of 18 questions designed to get input on the following:
• Orientation of Survey Participants (Questions 1 and 2) • Downtown Santa Cruz Character (Questions 3 and 4)
• Street Furnishing Preferences (Questions 5 through 13) • Streetscape Design Preferences (Questions 14 through 18) Similarly, a pop-up workshop was held on Wednesday, January 12, 2022 from 1:00 pm to 5:00 pm at the Downtown Farmer’s Market with approximately 83 participants. The pop-up workshop included a series of boards displaying a variety of options for City-managed infrastructure in the Downtown area. Participants indicated their preferences by placing dots on the series of boards.

The boards consisted of 12 questions designed to get input on:
• Downtown Santa Cruz Character
• Street Furnishing Preferences
• Streetscape Design Preferences
The responses to the survey and pop-up questions have been consolidated and presented by topic on the following pages. Each group of questions provides the community’s preferences in a brief summary, followed by the percentage of reponses received.

12.58 Downtown Design Standards
City of Santa Cruz 5

ORIENTATION OF SURVEY PARTICIPANTS (ONLINE ONLY)
Questions 1 and 2 specifically targeted the online survey participants in order to get an idea of their relationship and interaction with Downtown area of the City of Santa Cruz. A majority of participants travel to Downtown Santa Cruz for eating (78%) and shopping (69%) with most participants arriving by car (87%).
(1.) WHAT ARE THE MAIN REASONS YOU GO TO DOWNTOWN?
(CHECK ALL THAT APPLY)
Online Responses:
78% Eating
69% Shopping
50% Events (Farmer’s Market, First Fridays, etc.)
45% Meeting Friends
28% Music
24% Business
20% Recreation
11% Work
10% I do not go to Downtown
8% Healthcare
4% Transportation
(2.) HOW DO YOU TYPICALLY ACCESS DOWNTOWN? (CHECK ALL THAT APPLY) Online Responses:
87% By Car
29% Walking
20% On Bike
4% Public Transit
3% Ride-share service (Uber, Lyft, etc.)
Workshop And Survey Input Summary

12.59 City of Santa Cruz
Workshop And Survey Input Summary
City of Santa Cruz 6

DOWNTOWN SANTA CRUZ CHARACTER
The character of Downtown Santa Cruz was addressed in-person at the pop-up workshop and online. Questions 3-4 from the online survey asked participants about their favorite style characteristics of Downtown Santa Cruz and how the historic character of the city should be included in the Downtown infrastructure. The in-person pop-up workshop displayed boards with similar information regarding the downtown character.

The majority of online participants selected ‘Uniquely Santa Cruz’ (47%) and ‘Historic’ (37%) as favorite characteristics about Downtown Santa Cruz’s style. Responses from the pop-up workshop varied slightly from the online survey with in-person participants choosing ‘Artistic’ (38%) and an ‘Eclectic Mix of Interesting Styles’ (37%) as the top characteristics about Downtown Santa Cruz.

When asked how historic character should be included in the Downtown infrastructure, both online (73%) and in-person (90%) participants agreed there should be a mix of historic and contemporary styles to balance old and new.
(3.) WHAT ARE YOUR FAVORITE CHARACTERISTICS ABOUT DOWNTOWN SANTA CRUZ’S STYLE? (CHOOSE TWO)
Online Responses:
47% Uniquely Santa Cruz
38% Historic
33% Artistic
31% Eclectic mix of interesting styles
26% Beach-town
17% Park-like environment
9% Hip and Urban
(4.) HOW SHOULD HISTORIC CHARACTER BE INCLUDED IN THE DOWNTOWN INFRASTRUCTURE?
Online Responses:
73% There should be a mix of historic and contemporary styles to balance old and new 20% All site furnishings and features should be historic styles 7% New site furnishings and features should be mostly contemporary In-Person Responses:
90% There should be a mix of historic and contemporary styles to balance old and new? 8% All site furnishings and feature should be historic
2% New site furnishings and features should be mostly contemporary In-Person Responses:
38% Artistic
37% Eclectic mix of interesting styles
28% Uniquely Santa Cruz
28% Historic
28% Park-like environment
20% Beach-town
6% Hip and Urban
4% Diversity (write-in response)

12.60 Downtown Design Standards
City of Santa Cruz 7

STREET FURNISHING PREFERENCES
A list of preferred street furnishings was generated based on the online and in-person responses.

Questions 5-13 from the online survey addressed furnishing styles, materials, locations, and how the participants interact with the existing street furnishings in Downtown Santa Cruz. Similarly, participants at the pop-up workshop viewed a series of photos on display for each site furnishing and selected their favorites.

The majority of participants, both online
(40%) and in-person (46%), ranked the historic
‘Planter Fence’ as their favorite. When asked
about furnishings complementing one another,
the majority of responses agreed that site
furnishings could be different and provide
variety.

The majority of online participants preferred
‘Colorful Bike Racks’ and ‘U-Shape/Hoop’(28%
equally). Participants from the pop-up workshop
indicated their preference for ‘Irregular Loop’
(39%) followed by ‘U-Shape/Hoop’ (33%).

The majority of online participants (78%)
wanted to see bike racks dispersed across the
Downtown area, however, 57% of the online
group also noted that they never use bike racks
when they go Downtown.

Sixty-eight percent of online survey participants
‘sometimes’ sit on benches when visiting
Downtown. Additionally, a quarter or more
of participants expressed a preference for
‘Traditional Wood and Steel’, ‘Wood Slat’ and
the ‘Metal Powdercoat’ bench.

Online survey responses favored ‘Black
Metal’ (36%) and ‘Wood Batten’ (36%) trash
receptacles while ‘Color with Pattern’ (33%)
and ‘Standard Square with Wood’ (29%) were
favored by participants at the pop-up workshop.

The following pages include each question and
images that were presented in both outreach
efforts accompanied by the responses.

Planter Fence
Colorful Bike Racks U-Shape/ Hoop Irregular Loop
Traditional Wood
and Steel
Color with Pattern Standard Square with Wood
Black Metal Wood Batten
Wood Slat Bench Metal Powdercoat
Bench
Workshop And Survey Input Summary

12.61 City of Santa Cruz
Workshop And Survey Input Summary
City of Santa Cruz 8
(5.) WHICH OF THESE TREE PLANTERS DO YOU LIKE MOST? (CHOOSE YOUR TOP

TWO FAVORITES)
(6.) SHOULD SITE FURNISHINGS LIKE BENCHES, TRASH RECEPTACLES, AND BIKE

RACKS BE OF THE SAME FAMILY OF FURNISHINGS (SAME STYLE AND MATERIALS AS SEEN IN THE PHOTOS BELOW), OR SHOULD THEY BE DIFFERENT? Online Responses:
41% Planter Fence
39% Cast Iron Grate
35% Raised Curb with Fence
27% Contemporary Fence
17% Raised Curb Tree Well
6% Simple Flush Planter
3% None of these are appealing
Online Responses:
54% No, they can be different to
provide a variety
46% Yes, they should be of the same family
In-Person Responses:
46% Planter Fence
41% Contemporary Fence
22% Raised Curb with Fence
14% Cast Iron
10% Raised Curb Tree Well
6% Simple Flush Planter
In-Person Responses:
54% No, they can be different
46% Yes, Same Family
Cast Iron Grate Raised Curb Tree Well Raised Curb with Fence Planter Fence Contemporary Fence Simple Flush Planter

12.62 Downtown Design Standards
City of Santa Cruz 9
(7.) WHICH STYLE OF BIKE RACK DO YOU PREFER? (CHOOSE YOUR TOP TWO

FAVORITES)
Online Responses:
28% Colorful Bike Racks
28% U-Shape/Hoop
22% Storage locker
22% Colorful Graphic
16% Metro Rectangle
16% Irregular Hoop
16% Hoop
12% Bike Bollard
4% None of these are appealing
In-Person Responses:
39% Irregular Loop
33% U-Shape/Hoop
27% Colorful bike racks
25% Colorful Graphic
22% Storage Locker
13% Metro Rectangle
8% Hoop
7% Bike Bollard
U-Shape/ Hoop Storage Locker
Bike Bollard
Colorful Bike Racks
Hoop
Metro Rectangle Colorful Graphic Irregular Loop
Workshop And Survey Input Summary

12.63 City of Santa Cruz
Workshop And Survey Input Summary
City of Santa Cruz 10
(8.) WHERE SHOULD BIKE RACKS BE LOCATED? (CHECK ALL THAT APPLY) (9.) DO YOU USE BIKE RACKS WHEN YOU GO DOWNTOWN?
(10.) WHICH STYLE OF BENCHES DO YOU LIKE MOST?
(CHOOSE YOUR TOP TWO FAVORITES)
Online Responses:
78% Dispersed across Downtown area
39% On the street near bike lanes (removal of one vehicle parking space for bikes) 21% Clustered larger bike parking racks
16% On sidewalk and pedestrian areas
Online Responses:
57% Never
32% Sometimes
12% Often
Online Responses:
35% Traditional Wood and Steel
29% Wood Slat Bench
25% Metal Powdercoat Bench
22% Black Steel Contemporary
20% Chairs
15% Contemporary Circular
11% Modern Cantilever
10% Multicolor
6% Contemporary Block
2% None of these are appealing
In-Person Responses:
40% Traditional Wood and Steel
28% Wood Slat Bench
24% Multicolor
22% Contemporary Block
19% Modern Cantilever
16% Black Steel Contemporary
14% Chairs
12% Contemporary Circular
Chairs Wood Slat Bench Metal Powdercoat
Bench
Multicolor
Black Steel
Contemporary
Contemporary Chair
Traditional Wood
and Steel
Modern Cantilever
Contemporary Block

12.64 Downtown Design Standards
City of Santa Cruz 11
(12.) WHICH STYLE OF TRASH/RECYCLING RECEPTABLE DO YOU LIKE THE MOST (CHOOSE TOP TWO FAVORITES)
Online Responses:
36% Black Metal
36% Wood Batten
28% Laser Cut Corten Steel
20% Color with Pattern
20% Contemporary Metal
19% Standard Square with Wood
3% None of these are appealing
In-Person Responses:
33% Color with Pattern
29% Standard Square with Wood
27% Wood Batten
22% Black Metal
17% Laser Cut Corten Steel
17% Contemporary Metal
(11.) DO YOU SIT ON BENCHES WHEN YOU GO DOWNTOWN?
Online Responses:

Online Responses:
68% Sometimes
22% Never
11% Often
Laser Cut Corten Steel Standard Square with Wood Color with Pattern Wood Batten Contemporary Metal Black Metal
Workshop And Survey Input Summary

12.65 City of Santa Cruz
Workshop And Survey Input Summary
City of Santa Cruz 12
(14.) WOULD YOU LIKE TO SEE ADDITIONAL LIGHTING STYLES OR MORE OF THE SAME STYLE?
(13.) DO YOU LIKE THE CURRENT
DOWNTOWN STREETLIGHTS?
Online Responses:
47% More of the existing style
36% Additional different type(s) of lighting
17% No additional lighting is needed
Online Responses:
86% Yes
14% No
In-Person Responses:
36% Yes, I like the current style
35% I’d like to see additional type(s) of
lighting
15% Night sky
6% No additional lighting is needed
4% I’d like to see more of the current style
4% No, I don’t like the current style

STREETSCAPE DESIGN PREFERENCES
Questions 14-16 from the online survey asked participants to choose their streetscape preferences regarding lighting, art, and landscaping. A majority of participants, both online and in-person, voted to keep the existing style of lighting with the addition of festoon and overhead lighting. Online participants favorited ‘Sculptures’ (63%) and ‘Standard Style Planters’ (57%) as additional amenities to include Downtown. In-person responses also suggested ‘Interactive Music Features’ (37%) as a preferred amenity. Canopy and flowering trees, as well as more complex gardens and flowering plants, were also preferred among the two groups.

Online Survey participants were given the opportunity to write in a response regarding the elements they believed would help the Downtown area. The majority of the responses addressed the need for security features and shade from plant material.

12.66 Downtown Design Standards
City of Santa Cruz 13
(15.) IF YOU THINK NEW STYLES OF LIGHTING SHOULD BE ADDED TO THE DOWNTOWN, WHICH TYPES DO YOU PREFER? (CHOOSE YOUR TOP TWO

FAVORITES)
Online Responses:
51% Festoon Lights
48% Overhead catenary
25% Bollard / Path lighting
21% New light post style
7% None of these are appealing
In-Person Responses:
58% Festoon lighting
34% Overhead catenary
28% Pilar/path lighting
14% New light post style
Overhead Catenary Bollard / Path Lighting
Festoon Lighting New Light Post Style
Workshop And Survey Input Summary

12.67 City of Santa Cruz
Workshop And Survey Input Summary
City of Santa Cruz 14
(16.) WHICH OF THESE ELEMENTS DO YOU BELIEVE WOULD HELP IMPROVE THE LOOK OF DOWNTOWN? (CHECK ALL THAT APPLY)
Online Responses:
63% Sculptures
57% Standard Style Planters
35% Kinetic Dance Chimes
27% Moving Sculptures
26% Games
3% Other (see responses on following page)
In-Person Responses:
37% Interactive Music Features
37% Sculptures
30% Games
19% Moving Sculptures
12% Things for Families
8% Standard Style Planters
Interactive Music Features Games Moving Sculptures
Standard Style Planters Sculptures

12.68 Downtown Design Standards
City of Santa Cruz A-1
APPENDIX A: COMBINED SURVEY AND

POP-UP WORKSHOP FEEDBACK
The following table contains combined responses from the Survey and Pop-Up Workshop Community Outreach events. The responses are organized by rank, from highest to lowest.

Questions
Pop-Up
Workshop
Responses
Survey
Responses
Total
Combined
Responses

1. What are your favorite characteristics about downtown Santa Cruz’s style? Uniquely Santa Cruz 24 414 438
Historic 23 333 356
Artistic 32 291 323
Eclectic mix of interesting styles 31 279 310
Park-like environment 23 151 174
Beach-town 17 231 248
Hip and Urban 5 83 88

2. How should historic character be included in downtown infrastructure? There should be a mix of historic and
contemporary styles to balance old
and new?
56 645 701
All site furnishings and feature should
be historic 5 178 183
New site furnishings and features
should be mostly contemporary 1 61 62

3. Which of these tree planters do you like the most?
Planter Fence 38 361 399
Cast Iron 12 342 354
Raised Curb with Fence 18 307 325
Contemporary Fence 24 235 259
Raised Curb Tree Well 8 146 154
Simple Flush Planter 5 50 55

4. Should site furnishings like benches, trash receptacles, and bike racks be of the same family of furnishings (same style and materials as seen in photo below), or should they be different?
No, they can be different 29 486 515
Yes, Same Family 25 412 437
Workshop And Survey Input Summary

12.69 City of Santa Cruz
Workshop And Survey Input Summary
City of Santa Cruz A-2
Questions
Pop-Up
Workshop
Responses
Survey
Responses
Total
Combined
Responses

5. Which style of bike rack do you prefer?
U shape/hoop 27 245 272
Colorful bike racks 22 249 271
Colorful graphic 21 191 212
Storage locker 18 193 211
Irregular loop 32 137 165
Metro rectangle 11 144 148
Hoop 7 137 144
Bike Bollard 6 102 108

6. Which style of bench do you like most?
Traditional Wood and Steel 33 313 346
Wood Slat Bench 23 255 278
Black Steel Contemporary 13 199 212
Chairs 12 187 199
Contemporary Circular 10 134 144
Modern Cantilever 16 95 111
Multicolor 20 87 107
Contemporary Block 28 51 79

7. Which style of trash/recycling receptacle do you like most? Black Metal 18 323 341
Wood Batten 22 316 338
Laser Cut Corten Steel 14 248 262
Color with Pattern 27 179 206
Standard square with Wood 24 167 191
Contemporary Metal 14 177 191

12.70 Downtown Design Standards
City of Santa Cruz A-3
Questions
Pop-Up
Workshop
Responses
Survey
Responses
Total
Combined
Responses

8. Do you like the current downtown streetlights?
Yes, I like the current style 32 756 788
No, I don’t like the current style 4 124 128

9. Would you like to see additional lighting styles or more of the same style? I’d like to see more of the current
style 4 408 412
I’d like to see additional type(s) of
lighting 31 314 345
No additional lighting is needed 5 147 152

10. If you think new styles of lighting should be added to the downtown, which style do you prefer?
Festoon lighting 48 429 477
Overhead catenary 28 407 435
Pilar/path lighting 23 213 236
New light post style 12 179 191

11. Which of these elements do you believe would help improve the experience of downtown?
Sculptures 31 528 559
Standard Style Planters 7 469 476
Interactive Music Features/Kinetic
Dance Chimes 31 289 320
Moving Sculptures 16 226 242
Games 25 212 237

12. Do you prefer smaller seasonally flowering tree, larger trees that create a shade canopy, or a mix of both?
Both 51 588 639
Canopy trees 21 203 224
Flowering trees 11 165 176

13. Do you prefer a clean streetscape with minimal plantings, simple ground covers, or more complex gardens? More complex gardens and flowering
plants 69 580 649
Simple ground covers 21 269 290
Minimal planting 7 126 133
Workshop And Survey Input Summary

12.71 City of Santa Cruz

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City Council

AGENDA REPORT
DATE: 08/14/2023
AGENDA OF: 08/22/2023
DEPARTMENT: Public Works
SUBJECT: San Lorenzo River Levee FEMA Accreditation Burrowing Rodent Mitigation Project – Phase 2 (c402112) – Notice of Completion (PW) RECOMMENDATION: Motion to accept the work of Pacifico Construction (Dos Palos, CA) as completed per the specifications and authorize the filing of the Notice of Completion for San Lorenzo River Levee FEMA Accreditation Burrowing Rodent Mitigation Project – Phase 2 (c402112).

BACKGROUND: In 2020, the City of Santa Cruz (City) received notification from the US Army Corps of Engineers (USACE) that the San Lorenzo River flood control project had been officially deemed “complete” and was turned over to the City for continued operation and management. At that time, the responsibilities for operation, maintenance, repair, rehabilitation, and replacement (OMRR&R) of the flood control facilities shifted to the City. Federal Emergency Management Agency (FEMA) certification of the flood control project must be completed by 2023 or risk the elimination of the 50% discount on flood insurance rates for all properties within the city flood plain of the San Lorenzo River. Two maintenance activities were identified as deficiency in the City’s operation and maintenance activities and, therefore, needed to be addressed prior to submission of the City’s certification package to FEMA: vegetation management and burrowing rodent mitigation. City Council approved both projects at its December 13, 2022 meeting, with a request to Public Works to share an informational item once work had started. The informational item was submitted with the March 21, 2023 agenda packet.

The City originally advertised the burrowing rodent mitigation project as one project, which included both the fumigation and grouting requirements needed, per accreditation recommendations. The bid period closed on February 14, 2023 and failed to receive any bids.

Public Works staff analyzed the project further and separated the scope of work into two projects: Phase 1 – Fumigation and Phase 2 – Grouting. Staff led additional pre-bid site walks on March 7, 2023. Public Works staff received two bids for Phase 2 and Pacifico Construction was awarded the contract as the lowest responsive and responsible bidder. Grouting work began on June 13, 2023, following a separate fumigation contractor. Work concluded on July 25, 2023.

DISCUSSION: The project is now complete and inspected by Public Works staff. Staff plans to coordinate additional maintenance with special care to protect the existing vegetation in place.

13.1 FISCAL IMPACT: Total project cost $282,949.20. Funds remaining from the Phase 2 (Grouting) project will support additional maintenance work. This project was fully funded by c402112 (Stormwater Overlay). There is no impact on the General Fund.

Prepared By:

Christina Alberti
Management Analyst
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. NOTICE OF COMPLETION.DOCX

13.2 (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
(CA 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. Project Title and Number. The full name of the work of improvement/public works project (the “Project”) which is the subject of this Notice of Completion is: San Lorenzo River Levee FEMA Accreditation Burrowing Rodent Mitigation Project (c402112)

3. Nature of Work Performed on the Property or Materials Furnished for the City. The Project consisted of work described as: Grouting of burrows on inboard and outboard San Lorenzo River Levee.

4. The general site location description or address (the “Property”) of the public improvement is located at: San Lorenzo River Levee (east and west), between Felker Street pedestrian bridge and the Rivermouth.

5. Name and Address of Contractor. The Contractor on the Project is: Pacifico Construction 707 Wilkinson Ct, Dos Palos, CA 93620

6. Construction Lender. The name and address of the construction lender, if any, is: N/A

7. Date of Completion. The Project on the Property was completed on: July 25, 2023

8. The filing of this Notice of Completion was authorized by the Santa Cruz City Council Minute Order on Tuesday, August 22, 2023
DATE: ___________________
Nathan Nguyen
Director of Public Works, City of Santa Cruz
RECORDED AT THE REQUEST OF:

City of Santa Cruz, Public Works
Attn: Christina Alberti
WHEN RECORDED MAIL TO:

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

13.3 VERIFICATION FOR THE CITY OF SANTA CRUZ
I have read the foregoing Notice of Completion and know the contents thereof, and I certify that the same is true of my own knowledge, except as to those matters which are therein stated upon my information or belief, and as to those matters I believe it to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on ____________________at Santa Cruz, CA
Nathan Nguyen
Director of Public Works, City of Santa Cruz

13.4 PROOF OF SERVICE DECLARATION
(California Civil Code § 8118)
I, Christina Alberti, declare that I served copies of the above NOTICE OF COMPLETION on the interested parties, in the manner and at the date and place set forth below (Check One):

Direct Contractor: Pacifico Construction
707 Wilkson Ct
Dos Palos, CA 93620
☒ REGISTERED, CERTIFIED, OR EXPRESS MAIL: by placing the Notice in a sealed envelope with postage fully prepaid and depositing the envelope in the United States mail by registered, certified, or express mail. Documentation of such service is attached herein. ☐ OVERNIGHT DELIVERY: by causing the Notice to be picked up for overnight delivery by an express service carrier. Documentation of such service is attached herein. ☐ PERSONAL DELIVERY: by causing the Notice to be personally delivered to each of the addresses above stated on the date below.
☐ CODE OF CIV. PROC. § 415.20: by leaving the Notice and mailing a copy of the Notice in the manner provided under California Code of Civil Procedure § 415.20 for service of a summons and complaint in a civil action.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on _________________________, at Santa Cruz, California.

Christina Alberti

13.5 City Council

AGENDA REPORT
DATE: 08/01/2023
AGENDA OF: 08/22/2023
DEPARTMENT: Public Works
SUBJECT: West Cliff Drive Bethany Curve Culvert (c402407) – Approval of Plans and Specifications, Authorization to Advertise for Bids and Award Contract, and Authorize Professional Service Agreement for Design and Construction Support Services, and Budget Adjustment (PW) RECOMMENDATION: Motion to:
1) Approve the plans and specifications for the West Cliff Drive Bethany Curve Culvert Project (c402407), authorize staff to advertise for bids, and award the contract. The City Manager is hereby authorized and directed to execute an agreement in a form approved by the City Attorney.

The Director of Public Works is authorized to execute change orders within the approved project budget; and
2) Approve and authorize the City Manager to execute a Professional Service Agreement with Mesiti-Miller Engineering (Santa Cruz, CA) for designing the West Cliff Drive Bethany Curve Project (c402407), in a form approved by the City Attorney. The Director of Public Works is authorized to execute contract amendments within the approved project budget; and 3) Adopt a resolution amending the FY 2024 budget and appropriate $300,000 from the General Fund and amending the Public Works Capital Investment Program budget in c402407.

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. Temporary protective and stabilization measures are in place.

Three types of permanent repair projects are contemplated, including replacement of lost rip-rap, targeted construction of infill walls at acute erosion points, and potentially full reconstruction and elevation of the roadway at Bethany Culvert location. Due to a number of factors such as funding sources; Federal Highway Administration (FHWA) or Federal Emergency Management Agency (FEMA), timelines to design repairs, and size and type of project, the various projects are currently grouped into the following packages.

Infill Walls:
- Located at 920, 932, 1016, and 1030 West Cliff Drive. - Estimated Cost: $5,000,000

14.1 - Confirmed Funding: FHWA funds 88.53%
- Status: Bidding
- Estimated Completion: Winter 2023-Spring 2024
Bethany Curve Culvert:
- Estimated Cost: $10,000,000
- Anticipated Funding: FHWA funds 88.53%
- Status: Preparing to Bid
- Estimated Completion: Summer 2024
Armoring/Rip-rap Repair:
- Various locations
- Estimated Cost: $2,000,000
- Anticipated Funding: FEMA funds 93%
- Status: Design
- Estimated Completion: Summer 2024
At its June 27, 2023 meeting, City Council ratified the approval to bid and award the Infill Wall Project and execute a professional service agreement with Mesiti-Miller Engineering (MME).

The Infill Wall project was advertised, and no bids were received on July 17, 2023. Several local contractors stated they did not bid due to the amount of construction work in our region, in addition to being on a tight timeline (completion by end of November 2023) with plans that were not 100% for construction, thus adding risk and reducing profitability margins. Staff is proceeding with direct solicitation to negotiate a contract with a contractor, a procurement method approved by the FHWA funding source given the emergency status.

DISCUSSION: As part of the January 2023 Emergency response, the City of Santa Cruz (City) contracted MME to assist with initial damage assessment, cost estimating for repair and conceptual designs at various damage sites. MME was selected on a sole source basis due to the urgency of the required work, and because MME was previously contracted to provide design services for West Cliff repairs in related areas.

To date, MME has completed several deliverables including conceptual design, alternatives analysis, survey and geotechnical investigations, and preliminary engineering. Several repair alternatives were considered including rehabilitation of the existing culvert and headwalls, or replacement of those failing structures. Due to the extensive damage, and lack of structural reinforcement, MME and staff identified replacement of the headwall, and culvert as the most cost-effective and resilient repair solution.

The project scope consists of the following elements:
- Installation of new culvert headwalls
- Elevation of the road surface to reduce the potential for wave overtopping events, - New concrete guardrails that will meet current height standards and further protect against waive overtopping,
- Restoration of paving, sidewalk and reconnection of drainage inlets.

In accordance with section 3.08.160 of the Municipal Code- Emergency Procurement, to support rapid advancement of the project, staff recommends authorization of a professional service agreement on a sole source basis with MME to provide ongoing design and bidding support.

14.2 City staff continues to have constructive meetings with the Coastal Commission staff to obtain an Emergency Coastal Development Permit (ECDP) and anticipates its issuance end of August 2023.

Since time is of the essence, the designs, bid quantities, and contract documents were developed on accelerated basis and ongoing refinement will continue in parallel to bidding the project.

Staff is also exploring options to include nature-based solutions as part of the new infill wall projects and MME is working with a local experienced coastal ecologist to evaluate the feasibility of those opportunities.

Plans and specifications for the project can be found online at:
https://www.cityofsantacruz.com/government/city-departments/public-works/engineering/publicworks-projects The Bethany Curve Culvert project tentative schedule is as follows:
- Receive Bids-mid October 2023
- Start Construction-Spring 2024
- Construction Complete- Summer 2024
After bidding is complete, staff will return to Council with an item to award the project and authorize execution of a construction agreement, and provide an update on the status of FHWA funding.

FISCAL IMPACT: Total design-phase costs are estimated at $300,000. Appropriations are requested from the City’s General Fund to cover these initial costs. FHWA is expected to provide disaster relief funding for 88.53% of the eligible costs which will be returned to the General Fund.

Prepared By:

Kevin Crossley, P.E.

Assistant Director/City
Engineer
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. BUDGET ADJUSTMENT.PDF
Plans and specifications for the project can be found online at:
https://www.cityofsantacruz.com/government/city-departments/public-works/engineering/publicworks-projects

14.3 City of Santa Cruz

BUDGET ADJUSTMENT REQUEST
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Fund Design-Phase of West Cliff Drive Bethany Culvert Project. Federal Highway Administration Funding is expected to provide disaster relief funding for 88.53% of the eligible costs which will be returned to the General Fund. 311-00-00-0000-49101 c402407 912-0-0 West Cliff Drive Bethany Curve Culvert - From General Fund 300,000 300,000
311-40-62-9330-57307 c402407 100-2020-0 West Cliff Drive Bethany Curve Culvert 300,000 101-00-00-0000-59103 To General CIP Fund (from Gen Fund) 300,000 600,000
-300,000
Kevin
Crossley
Digitally signed by
Kevin Crossley
Date: 2023.08.01
08:19:07 -07'00'
Nathan Nguyen
Digitally signed by Nathan
Nguyen
DN: C=US,
[email protected],
O=City of Santa Cruz,
OU=Public Works, CN=Nathan
Nguyen
Date: 2023.08.01 09:02:39-07'00'
Nicholas
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Digitally signed by
Nicholas Gong
Date: 2023.08.03
12:56:01 -07'00'
Elizabet
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Digitally signed by Elizabeth Cabell
DN: cn=Elizabeth Cabell, o=City of Santa Cruz,
ou=Finance Department,
[email protected], c=US
Date: 2023.08.07 14:58:02 -07'00'

14.4 City Council

AGENDA REPORT
DATE: 08/02/2023
AGENDA OF: 08/22/2023
DEPARTMENT: Public Works
SUBJECT: Purchase of Two Refuse Trucks (PW)
RECOMMENDATION: Motion authorizing the purchase of side loader and roll-off vehicles from TEC of California (Oakland, CA) in the amount of $690,000.00.

BACKGROUND: The Public Works Department Resource Recovery Division has a vehicle replacement schedule built into the current refuse rates. This fiscal year we need one side load refuse collection and one roll-off refuse collection, both vehicles exceed the recommended replacement criteria and are programmed for exchange. The side load vehicle services residential areas and the roll-off vehicle services commercial accounts in the City.

DISCUSSION: The Refuse Fund schedules a seven-year replacement cycle for collection vehicles; at the seven-year mark these vehicles have collected approximately 7 million residential carts and about 15,000 commercial roll-box boxes. Factoring in the extreme service demands placed on these vehicles, fleet records indicate that after seven years the maintenance costs begin to outpace the value of the vehicle, and coupled with the steep drop in trade-in value, seven years is the optimum replacement schedule for collection vehicles. Two vehicles meet our replacement criteria this year: one side load service residential collection and the roll-off service commercial accounts.

The Resource Recovery Division and Fleet Maintenance are working to replace the refuse fleet vehicles with one Labrie Automizer with HD right-hand arm body with a Mack MP7-325 HP chassis and one Mack Granite roll-off vehicle with a Mack Terrapro chassis. These configurations share several components with our current vehicle configurations so our fleet division will be familiar with maintaining and repairing these vehicles.

While the Public Works Department is actively updating our fleet vehicles, the electric vehicles have not been fully developed for either type of these refuse collection vehicles, the combination of an electric chassis coupled with a split commodity recycling side loader, like we utilize on our residential routes, is still not manufactured due to the combined weight and the high mileage these trucks run on a regular basis, as we utilize on our commercial and construction accounts.

However, the Resource Recovery Division has 7 CNG refuse vehicles, and the bulk of the fleet currently uses renewable diesel, which reduces vehicle emissions such as NOx, particulates, CO, and hydrocarbons are significantly reduced and now rivals the numbers of alternative fuels. We can now still reduce emissions without the added cost of alternative fuel vehicles. We are currently waiting for 1 new electric refuse truck and expecting delivery next spring.

15.1 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. The City is one of over 50,000 member agencies of Sourcewell. Sourcewell conducts national competitive solicitations for common products and can obtain greater discounts than the City could obtain on its own. Mack is listed in Sourcewell and TEC of California, Oakland is their authorized dealership. Staff requests that City Council authorize the purchase of these refuse trucks from TEC of California Oakland CA, in the amount of $690,000.00.

FISCAL IMPACT: The purchase price of one side load including sales tax is $440,000 and the purchase price of one roll-off vehicle including sales tax is $250,000. Funds for the FY 2024 purchase of these refuse collection vehicles are included in the approved Refuse Enterprise Fund budget. These funds are only available for use in the refuse fund activities and cannot be used for General Fund activities. There is no impact to the General Fund.

Prepared By:

Manny Ortiz
Superintendent of Resource
Recovery Collections
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. SOURCEWELL CONTRACT #060920.PDF

15.2 060920-MAK
Rev. 2/2020 1
Solicitation Number: RFP #060920

CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Mack Trucks, Inc., 7825 National Service Road, Greensboro, NC 27409 (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.

Vendor desires to contract with Sourcewell to make available for purchase through its participating independent authorized dealers 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 August 1, 2024, unless it is cancelled sooner pursuant to Article 24. 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 16 survive the expiration or cancellation of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will make available for purchase through its participating independent authorized dealers 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. 2/2020 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’s warranty for the Equipment, Products, and Services furnished will be as stated in the written warranty document provided to a Participating Entity 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. 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 060920-MAK
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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.

B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor and/or Vendor’s participating independent dealer with valid tax-exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax-exempt 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:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x 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 be become an amendment to this Contract and be incorporated by reference.

15.5 060920-MAK
Rev. 2/2020 4

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. 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 members 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 and/or Vendor’s participating independent authorized dealer 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 and/or Vendor’s participating independent authorized dealer. 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, 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.

15.6 060920-MAK
Rev. 2/2020 5
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order may be negotiated between a Participating Entity and Vendor and/or Vendor’s participating independent authorized dealer, 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 and/or Vendor’s participating independent authorized dealer. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. PERFORMANCE BOND. If requested by a Participating Entity, Vendor’s participating independent authorized dealer will provide a performance bond that meets the requirements set forth in the Participating Entity’s order.

D. 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 and/or Vendor’s participating independent authorized dealer 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.

E. 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, state, or provincial 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.

F. 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.

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:

x Maintenance and management of this Contract;

15.7 060920-MAK
Rev. 2/2020 6
x Timely response to all Sourcewell and Participating Entity inquiries; and x 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:
x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address;
x Customer City;
x Customer State/Province;
x Customer Zip Code;
x Customer Contact Name;
x Customer Contact Email Address;
x Customer Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x 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 added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Vendor will submit a check payable to Sourcewell for the administrative fee amount stated in the Proposal multiplied by the total number of trucks purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Sourcewellassigned contract number in the memo and must be mailed to the address above “Attn:

15.8 060920-MAK
Rev. 2/2020 7
Accounts Receivable.” 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. ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. 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.

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

C. 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.

D. 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.

E. 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.

15.9 060920-MAK
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11. LIABILITY

Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, 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; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications.

12. AUDITS
Sourcewell reserves the right to review the books, records, documents, and accounting procedures and practices of the Vendor relevant to this Contract for a minimum of 6 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.

13. 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.

14. INDEMNIFICATION
As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities 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 patent or copyright laws.

15. 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.

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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. 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 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.

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16. 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.

17. 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.

18. 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.

19. 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, 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 60 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.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in 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 reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated

15.12 060920-MAK
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or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

20. 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 not less than 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 not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. 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.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 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. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

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Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Vendor will maintain coverage for all claims the Vendor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Vendor’s professional services required under this Contract.

Minimum Limits:
$2,000,000 per claim or event
$2,000,000 – annual aggregate

6. 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.

Minimum 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. All policies must include there will be no cancellation, suspension, non-renewal, or reduction of coverage without 30 days’ prior written notice to the Vendor.

Upon request, Vendor must provide to Sourcewell copies of applicable policies and endorsements, within 10 days of a request. Failure to request certificates of insurance by

15.14 060920-MAK
Rev. 2/2020 13
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.

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) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the 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 applicable to the required or any other insurance maintained by the Vendor or its subcontractors. 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. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies).

F. SELF-INSURED RETENTIONS. Any self-insured retention in excess of $10,000 is subject to Sourcewell’s approval.

21. 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.

22. 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.

15.15 060920-MAK
Rev. 2/2020 14
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 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.

23. 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

15.16 060920-MAK
Rev. 2/2020 15
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 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. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. 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.

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

15.17 060920-MAK
Rev. 2/2020 16
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 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.

15.18 060920-MAK
Rev. 2/2020 17
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 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.

24. 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.
*** Signature Page Follows ***

15.19 060920-MAK
Rev. 2/2020 18
Sourcewell Mack Trucks, Inc.

By: __________________________ By: __________________________ Jeremy Schwartz Jonathan Randall
Title: Director of Operations &
Procurement/CPO
Title: VP Sales & Marketing
Date: ________________________ Date: ________________________ Approved:

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

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Bid Number: RFP 060920 Vendor Name: Mack Trucks

15.38 City Council

AGENDA REPORT
DATE: 08/03/2023
AGENDA OF: 08/22/2023
DEPARTMENT: Water
SUBJECT: Transfer within the Water Department’s Capital Investment Program for Fiscal Year 2023 Water Program Administration Expenses – Budget Adjustment (WT)
RECOMMENDATION: Resolution amending the Fiscal Year 2023 (FY 2023) budget by transferring $1,591,209 from the Water Department’s Capital Investment Program (CIP) Project c701901, Water Program Administration, to various other Water Department CIP projects for the purpose of allocating actual program administration expenses to active Water Program CIP projects.

BACKGROUND: On June 28, 2022, City Council approved the renewal of a five-year Master Services Agreement (MSA) with HDR Engineering, Inc. (HDR) for Program Management (PM) services; the Water Department is entering the second year of this five-year agreement. PM is the coordinated management of multiple and/or large CIP projects and these services vary widely based on the types of projects and needs of their owners. Typical PM services include staff augmentation, administrative tools, process development, software tools and applications, technical reviews, and financial, legal, and permitting support.

The MSA is organized into six discrete tasks listed below, and each fiscal year the Water Department and HDR develops a Service Order (SO) for tasks to be completed within that fiscal year. The work completed in FY 2023 was under SO 8.
• Task 1-Mobilization: Establish the primary elements of program management including needs assessment, staffing, and development of program and risk management plans. (This task is complete.)
• Task 2-Design Management: Manage or support the management of study and design activities performed by others.
• Task 3-Program Administration: Implement program structures, policies, and systems, such as risk management, quality assurance, and program budget/controls. • Task 4-Planning and Preliminary Engineering: HDR is authorized to perform planning and preliminary engineering work, they are not authorized to perform design work. • Task 5-Construction Management: Provide constructability reviews, construction oversight, inspection, and commissioning.
• Task 6-Support Services: Assist with ancillary project requirements such as California Environmental Quality Act (CEQA), right of way, surveying, geotechnical, and development of grant or loan applications or other proposals for project funding.

16.1 SO 8 work within Tasks 2, 4, 5, and 6 is project-specific and such work is charged directly to the appropriate CIP project during the fiscal year. However, Task 3 work includes tasks that are broad in nature and apply to all active CIP projects. Those expenses are charged to a general CIP project, c701901 Water Program Administration and at the end of each fiscal year the actual expenses charged to c701901 are allocated amongst the Water Program CIP projects based on the total project estimated cost.

DISCUSSION: When creating each SO, HDR provides an estimate of work to be completed under project c701901 for that fiscal year. That cost is used to budget and create a purchase order to pay for the actual work completed by HDR throughout the fiscal year. During the fiscal yearend process, the actual expenses (along with the associated budget appropriation) are transferred via a Budget Adjustment and Journal Entry to the active CIP projects supported by HDR.

Transferring the Water Program Administration expenses from c701901 to the active projects benefitting from this work allows the City to track these costs as a capital expense within the construction CIP project and, in some cases, to seek reimbursement from outside funding sources.

Health in All Policies (HiAP)
The City Council has adopted Health in All Policies (HiAP) with the three pillars, equity, public health, and sustainability, to be considered during decision-making. This Budget Adjustment and Journal Entry supports two of these pillars: sustainability and public health. Some PM services can be reimbursed through grants and loans if they are applied to specific CIP projects. This supports the Water Department’s financial sustainability in funding a large and complex CIP to improve infrastructure integrity and system reliability that will preserve and secure reliable water supplies for long-term public health.

FISCAL IMPACT: There is no impact to either the General Fund or the Water Operations Fund. The transfer of both the budget appropriations and the actual expenses will have a net zero impact to the Water Department’s total Capital Investment Program.

Prepared By:

Malissa Kaping
Principal Management
Analyst
Submitted By:

Rosemary Menard
Water Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. BUDGET ADJUSTMENT.PDF

16.2 City of Santa Cruz

BUDGET ADJUSTMENT REQUEST
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REQUESTED BY DEPARTMENT HEAD

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Clear Form
2023
08/01/2023
Transfer $1,591,209 within the Water Department's CIP from project c701901, Water Program Administration, to the the Water CIP projects managed by the Water Program for FY2023 program administration fees. 0 See attached
0 0
Digitally signed by Malissa Kaping
DN: cn=Malissa Kaping, o=City of
Santa Cruz, ou=Water
Department,
[email protected]
om, c=US
Date: 2023.08.01 16:07:45 -07'00'
Rosemar
y Menard
Digitally signed by Rosemary Menard
DN: cn=Rosemary Menard, o=Santa Cruz Water
Department, ou=Water Director,
[email protected], c=US
Date: 2023.08.02 13:19:56 -07'00'
Tracy
Cole
Digitally signed by Tracy Cole
DN: cn=Tracy Cole, o=City of
Santa Cruz, ou=Finance,
[email protected],
c=US
Date: 2023.08.03 11:39:01
-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: 2023.08.08 08:11:54 -07'00'

16.3 FY23 Water Program Admin Fee BA and JE
Project Number GL Number Project Name FY23 BA Amount FY23 JE Amount c700025-100-2020-0 711-70-91-7152-57302 Graham Hill WTP Facility Improvement Plan $ 472,796.61 $ (472,797) c701501-100-2020-0 711-70-91-7152-57302 Graham Hill WTP Concrete Tanks $ 136,695.59 $ (136,696) c701505-100-2020-0 711-70-91-7153-57302 University Tank No. 4 Rehab/Replacement $ 19,994.00 $ (19,994) c701606-100-2020-0 711-70-91-7153-57302 Newell Creek Dam Inlet/Outlet Replacement $ 301,764.07 $ (301,764) c701609-100-2020-0 711-70-91-7153-57302 Aquifer Storage & Recovery Mid County Groundwater $ 14,356.79 $ (14,357) c701611-100-2020-0 711-70-91-7153-57302 Recycled Water Feasibility Study $ 4,143.91 $ (4,144) c701705-100-2020-0 711-70-91-7153-57302 Water Supply Augmentation $ 301,141.51 $ (301,142) c701903-100-2020-0 711-70-91-7151-57302 Tait Diversion Rehab/Replacement Project $ 33,099.45 $ (33,099) c702001-100-2020-0 711-70-91-7151-57302 Distribution System Water Quality $ 355.26 $ (355) c702002-100-2020-0 711-70-91-7153-57302 Brackney Landslide Area Pipeline Risk Reduction $ 43,205.25 $ (43,205) c702101-100-2020-0 711-70-91-7153-57302 ASR Mid County Exisiting Infrastructure $ 33,165.45 $ (33,165) c702105-100-2020-0 711-70-91-7153-57302 Newell Creek Pipeline Felton/Graham Hill $ 123,106.09 $ (123,106) c702108-100-2020-0 711-70-91-7152-57302 Beltz WTP Filter Rehabilitation $ 1,456.20 $ (1,456) c702109-100-2020-0 711-70-91-7159-57302 Graham Hill WTP Entrance Improvements $ 3,414.00 $ (3,414) c702202-100-2020-0 711-70-91-7159-57901 CMMS Software Replacement for Water Dept $ 1,583.04 $ (1,583) c702203-100-2020-0 711-70-91-7152-57302 Beltz 12 Ammonia Removal $ 6,844.49 $ (6,844) c702205-100-2020-0 711-70-91-7151-57302 Intertie 1 - Santa Cruz-Scotts Valley $ 30,315.05 $ (30,315) c702304-100-2020-0 711-70-91-7159-57302 Branciforte Streambank Restoration $ 2,412.99 $ (2,413) c702305-100-2020-0 711-70-91-7152-57302 Beltz WTP Upgrades $ 53,276.73 $ (53,277) e702301-100-2020-0 711-70-91-7153-57302 DR 4683 Felton Diversion Pipeline $ 8,082.29 $ (8,082) c701901-100-2020-0 711-70-91-7159-57302 Water Program Adminstration $ (1,591,209) $ 1,591,209 NET TRANSFER $ (0) $ 0

16.4 City Council

AGENDA REPORT
DATE: 08/03/2023
AGENDA OF: 08/22/2023
DEPARTMENT: Planning and Community Development
SUBJECT: Regional Early Action Planning (REAP) 2.0 Regional Funding Grant Application for Promoting Inclusive Residential Infill Development through Objective Standards for Properties with R-1 Single Family Residence Zoning (PL)
RECOMMENDATION: Resolution authorizing staff to apply for State of California REAP

2.0 competitive funding in the amount of $750,000 to plan for more inclusive residential infill housing options in neighborhoods.

BACKGROUND: The adopted FY 2022 California Budget established a second Regional Early Action Planning grant program (REAP 2.0). The City previously received a REAP 1.0 grant to help fund the Downtown Plan Expansion planning efforts. The REAP 2.0 grant has three key objectives: 1) accelerate infill development that facilitates housing supply, choice, and affordability; 2) affirmatively furthering fair housing (AFFH); and 3) reduce vehicle miles traveled (VMT). REAP 2.0 is administered by the California Department of Housing and Community Development (HCD), and the funding is then managed at the regional level by the Association of Monterey Bay Area Governments (AMBAG).

Two types of REAP 2.0 grants are available: local, non-competitive funding based on jurisdiction size ($180,000 for the City of Santa Cruz) and regional, competitive funding ($6 million total available with a minimum project award of $500,000). This item is for regional competitive funding and applications are due on August 31, 2023.

Senate Bill 9 (SB 9) was signed on September 16, 2021, and went into effect on January 1, 2022.

SB 9 allows single-family homeowners in most areas of the state to build two primary dwelling units on their lot or subdivide their property into two lots to allow for the sale of the other lot. SB 9 development can be combined with existing Accessory Dwelling Unit (ADU) law to allow for up to four units on a current single-family lot in Santa Cruz.

The City follows SB 9 requirements per state law and provides guidance documents to interested homeowners, but the State wants jurisdictions to formally bring state law into the Municipal Code by passing an SB 9 Ordinance. Creating a formal ordinance would allow the City to develop additional objective design standards to better control the look and feel of SB 9 development in neighborhoods.

17.1 SB 9 is part of a broader push for more “Missing Middle” housing opportunities in cities.

Missing Middle gets its name because most cities, like Santa Cruz, do not have many housing options between single-family houses and larger apartment/condo complexes. Housing types like duplexes, triplexes, and fourplexes were once far more common across the United States, and this housing variety helped cities be more affordable, diverse, and inclusive.

In 2018, the California State Legislature passed AB 686 which introduced AFFH requirements statewide. Per California Department of Housing and Community Development (HCD), AFFH requires that all state and local public agencies “facilitate deliberate action to explicitly address, combat, and relieve disparities resulting from past patterns of segregation to foster more inclusive communities.” Since 2021, all Housing Elements must include AFFH policies and programs to make proactive changes to promote more inclusive communities.

Staff proposes to apply the REAP 2.0 competitive grant funding in the amount of $750,000 for the development of objective standards for R-1 zoning. These objective standards would apply to new single-family homes, duplexes, and SB 9 development, and create new avenues to build inclusive neighborhood infill housing types such as triplexes and fourplexes in alternative ways to those already allowed by SB 9. Doing so would meet the REAP 2.0 grant funding goals, AFFH goals, VMT reduction goals, and various Housing Element goals, as discussed below in greater detail.

DISCUSSION:

The three key drivers of this proposed infill planning work include neighborhood compatibility, housing affordability, and equity. The City is in need of more design controls to support neighborhood compatibility. With SB 9, four units can already be built on most single-family, R1 Zoning lots. However, the City currently has few objective development standards specifically tailored to this type of development in single-family neighborhoods. The City would like more design standards for this legislation, especially as it relates to combining SB 9 development with ADUs.

Achieving four units on a lot through SB 9 currently requires at least two detached structures, which typically takes up more land, requires more utility connections, and requires more exterior construction, all adding to housing cost. Through the REAP 2.0 grant, the City will explore how best to allow housing types such as fourplexes in R-1 Zoning. One way to achieve this could simply be allow three attached ADUs to function like a fourplex. Currently, the City’s Code and State ADU law allow for a single-family home to have one attached (or detached) ADU and one attached Junior ADU for a maximum of three attached units. Fourplex-style development would allow four units to be attached, rather than in at least two separate structures, as would be the case if four units were proposed under SB 9. The City can control the size and feel of this housing type to help ensure the construction is compatible with single-family housing.

Fourplexes with objective design standards could also potentially have larger side and rear setbacks that are not currently possible with detached ADUs or SB 9 units under the current regulations.

New, larger single-family homes in Santa Cruz also need more objective standards to improve compatibility with the nearby neighborhood. Portland instituted a similar program, called the Residential Infill Project, which created a maximum size for single-family development but allowed for additional square footage in a tapered manner for each additional unit. Since this

17.2 program was adopted in 2021, the cost of an average new single-family house has gone down (due to their relatively smaller size), while the City has seen 271 new Missing Middle units (duplex/triplex/fourplex) in just one year.

Additionally, an average triplex or fourplex unit can be cheaper to rent than an ADU of comparable size. When it comes to adding housing variety to support affordability, this housing type is important. The City has the opportunity get grant funding to study how these housing types will successfully fit into neighborhoods and provide for greater housing options and improved natural affordability. Not only is the cost of the unit important, but where the unit is located is important as well. More units in established neighborhoods near amenities and services to meet daily needs is a great way to reduce vehicles miles traveled, minimizing traffic and greenhouse gas impacts. And compared to the region, the City has a relatively lower average VMT, so promoting growth in the City reduces regionwide per capita VMT. Situating additional units in historically single-family only neighborhoods is also vital to addressing long-standing inequity in the community. Portland’s Residential Infill Project report states:

A history of racially discriminatory decision-making and public policies have contributed to many of today’s inequitable outcomes for communities of color. While some groups and neighborhoods prospered, Black, Latino, Native American and immigrant households have faced structural barriers to housing stability and economic mobility.

The historic use of racially restrictive covenants and redlining by both public and private entities directly contributed to today’s racial disparities in homeownership rates and wealth attainment. It also contributed greatly to the geographic racial segregation that still exists.

The City of Santa Cruz is currently drafting policies in its Housing Element update to help address equity, prevent displacement, and provide for ongoing affordability. Planning for additional types of housing in historically single-family neighborhoods is consistent with these policies and is also an important way to meet AFFH goals.

The California Tax Credit Allocation Committee and HCD developed a statewide Opportunity Map to identify areas of low to highest opportunity. Per HCD, this map: “identifies areas in every region of the state whose characteristics have been shown by research to be most strongly associated with positive economic, educational, and health outcomes for low-income families – particularly long-term outcomes for children – when compared to other neighborhoods in the same region. The map also identifies areas in California that are both high poverty and racially segregated.” The Opportunity Map for Santa Cruz is below. Note that many historically singlefamily neighborhoods are in “high resource” areas. Providing more flexibility to build a greater variety of housing in these neighborhoods is a prime way to affirmatively further fair housing.

17.3 The Portland model also included opportunities to add two additional units beyond a fourplex if the project includes affordable units. A similar model could be studied for Santa Cruz as part of this project. Staff envisions that rather than this be citywide, additional density in exchange for affordable housing might be located only near high quality transit. This would follow the State’s Senate Bill 10 (SB 10, also passed in 2021) that allows for a streamlined process to rezone properties near high quality transit to allow up to ten units if a City so chooses. This is an example of the kind of work that could be done in conjunction with the project to develop new objective standards and create more compatible infill development in neighborhoods.

To summarize the project, the City will apply for a competitive REAP 2.0 grant in the amount of $750,000 to create the following:
- Additional objective standards for single-family homes and duplexes - Additional objective standards for Accessory Dwelling Units - New objective standards for SB 9 development
- R-1 Zoning to allow triplexes and fourplexes (as alternate ways to achieve up to the four units in R-1 Zoning already allowed under SB 9)
- New objective standards for triplexes and fourplexes
- Explore and potentially prepare new objective standards for additional units, beyond four units, in select areas of the City where SB 10 and AFFH objectives are met

17.4 The project seeks to:

1. Address existing neighborhood compatibility concerns.

2. Provide for a greater variety of housing to improve housing affordability.

3. Support greater inclusion and equity in Santa Cruz.

Health in All Policies
The goal of Health in All Policies (HiAP) is to ensure that decision-makers are informed about the impacts on the three HiAP pillars of health, equity, and sustainability when reviewing projects and policy options. REAP 2.0 grant funding for neighborhood infill planning supports all three pillars.

The grant funding would support an innovative project that would seek to create a greater variety of housing, lower housing costs, affirmatively further fair housing, and reduce regionwide VMT. This project would significantly achieve the HiAP’s health, equity, and sustainability goals.

ENVIRONMENTAL REVIEW: An application for a grant does not constitute a project under CEQA. Should the grant be approved, a necessary CEQA determination will be made as part of the project. However, staff does not envision this project creating impacts under CEQA. The project would allow the same number of units and in the same locations that SB 9 already allows, and those projects are exempt from CEQA. Density beyond SB 9 development would also be exempt from CEQA should it be eligible for SB 10 streamlining.

FISCAL IMPACT: The REAP 2.0 grant will provide funding in the amount of $750,000 to plan for Missing Middle infill housing throughout the City. Over time, housing generally has a negative fiscal impact for the City, as the cost of providing services tends to exceed the property tax and sales tax increases resulting from the new construction and resident spending. Increased project density reduces the possible negative fiscal impact of residential development due to economies of scale. A project developer is required to pay City application fees to cover staff time in processing applications and conducting inspections, and impact fees will be paid to help offset the costs of planned improvements associated with various City service areas, such as parks and transportation.

Prepared By:

Matt VanHua
Principal Planner
Submitted By:

Lee Butler
Director of Planning and
Community Development
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOC

17.5 RESOLUTION NO. NS-30,XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ

AUTHORIZING APPLICATION FOR, AND RECEIPT OF, REGIONAL EARLY ACTION PLANNING 2.0 GRANT PROGRAM FUNDS TO PROMOTE INCLUSIVE RESIDENTIAL

INFILL DEVELOPMENT THROUGH OBJECTIVE STANDARDS FOR PROPERTIES WITH R-1 SINGLE FAMILY RESIDENCE ZONING
WHEREAS, the State of California 2021-2022 budget allocated $600 million for all regions, cities, and counties prioritizing planning activities that accelerate housing production, support Affirmatively Furthering Fair Housing, and reducing vehicle miles traveled to meet identified needs of every community; and
WHEREAS, pursuant to Health and Safety Code 50515 et. Seq, the State of California Department of Housing and Community Development (HCD) is authorized to issue a Notice of Funding Availability (NOFA) as part of a Grants Program; and WHEREAS, the California Department of Housing and Community Development (Department) released a Notice of Funding Availability (NOFA) on July 26, 2022, in the approximate amount of $510,000,000 for the 2021 Regional Early Action Planning Grant Program (REAP 2.0); and
WHEREAS, funding will be allocated to the Association of Monterey Bay Area Governments (AMBAG) and sub-allocated to qualifying local agencies on a non-competitive and competitive basis;
WHEREAS, AMBAG has allocated up to $6 million in competitive funding for the region; WHEREAS, a qualifying project for regional competitive REAP 2.0 funding must seek a minimum of $500,000; and
WHEREAS, the City Council of the City of Santa Cruz desires to submit a REAP 2.0 competitive grant application package (“Application”) in the amount of $750,000 to AMBAG to fund a project to promote inclusive residential infill development through objective standards for properties with R-1 Zoning, thereby accelerating the production of a variety of housing types, supporting Affirmatively Furthering Fair Housing objectives, and reducing vehicle miles traveled.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz (“Applicant”) as follows:

SECTION 1. The City Manager or his designee is hereby authorized and directed to apply for and submit to AMBAG the Application package;
SECTION 2. In connection with the REAP 2.0 grant, if the Application is approved by AMBAG, the City Manager or his designee is authorized to submit the Application, enter into, execute, and deliver on behalf of the Applicant, an agreement for the amount up to $750,000, and any and all

17.6 other documents required or deemed necessary or appropriate to evidence and secure the REAP

2.0 grant, the Applicant’s obligations related thereto, and all amendments thereto; and SECTION 3. The Applicant shall be subject to the terms and conditions as specified in the NOFA, and the Standard Agreement provided by AMBAG after approval. The Application and any and all accompanying documents are incorporated in full as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the Application will be enforceable through the fully executed Standard Agreement. Pursuant to the NOFA and in conjunction with the terms of the Standard Agreement, the Applicant hereby agrees to use the funds for eligible uses and allowable expenditures in the manner presented and specifically identified in the approved application.

PASSED AND ADOPTED this 22th day of August, 2023 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: __________________________
Fred Keeley, Mayor
ATTEST: ___________________________
Bonnie Bush, City Clerk Administrator

17.7 1
Rosemary Balsley
From: Garrett <[email protected]>
Sent: Friday, August 18, 2023 8:50 PM
To: City Council
Subject: 8.22.23 Agenda Item 17 Regional Funding Grant to remove RL density housing

8.22.23 Agenda Item 17 Regional Funding Grant to remove RL density housing.

Dear Council,
God have mercy on your souls if you go forward making the states destruction of single family housing worse than it already is by invoking even more oppressive woke ideology into RL zoning as you describe.

People are different, Americans should crave liberty, and you will never make people the same as they are different no matter how offensive to liberty and capitalism your laws become.

I pray for your souls. You will need it.

Families should always have access to SFR housing if they can achieve it.

Polluting RL housing with high density is cultural Marxism at its worse.

Garrett Philipp - Westside

17.8 From: Santa Cruz YIMBY
To: City Council
Cc: Bonnie Bush
Subject: Support for REAP 2.0 Grant Application, Agenda #17, August 22, 2023 Date: Monday, August 21, 2023 4:57:09 PM
Attachments: Santa Cruz YIMBY Support for REAP 2.0 - Aug 22 2023.pdf Mayor, Vice-Mayor and Councilmembers,
Please find attached our letter of support for Item #17 on the August 22, 2023 agenda.

Thank you,
Diana Alfaro
Graham Freeman
Elizabeth Madrigal
Ryan Meckel
Janine Roeth
Rafa Sonnenfeld
Santa Cruz YIMBY leads

17.9 To: Santa Cruz City Council
Date: August 21, 2023
We are writing in support of the Regional Early Action Planning (REAP) 2.0 Regional Funding Grant Application, Item #17 on your August 22, 2023 agenda.

We are pleased to see the City applying for these CA state funds and have enthusiastic support for the grant proposal and its objectives. Infill missing middle housing brings more housing choices, mobility and affordability in the exclusive and high opportunity neighborhoods of Santa Cruz. Affirmatively furthering fair housing includes the equitable distribution of affordable housing throughout the city. Objective standards help projects move forward more quickly with less discretionary hurdles while meeting city standards.

Santa Cruz YIMBY supports a commitment to lower Vehicle Miles Traveled by housing people near services and jobs.

We suggest that the city include an economic analysis of missing middle housing types as part of this REAP 2.0 grant scope to ensure the proposed housing types are economically feasible to build. We are aware of studies (already shared with Planning staff) that compare feasibility of building different -plex sizes (e.g. 2-, 4-, 8- and 10-plex) in San Jose, which unfortunately found that four-plexes are not a financially feasible housing type in that city.

We expect the city is also aware of the anti-downzoning/no-net-loss component of SB330 as objective standards for single-family housing are considered. Finally, we would like to see any of these changes, especially SB9, implemented in the Coastal Zone with appropriate updates to the Local Coastal Plan (LCP).

Santa Cruz YIMBY seeks to build a community where our neighbors of all ages, cultures, and incomes can make Santa Cruz County their home. We must respond to the climate crisis by seizing these opportunities to build housing near jobs and schools, with options for public transit, biking and walking.

We urge you to adopt the resolution that moves this grant application forward.

Sincerely,
Diana Alfaro
Graham Freeman
Elizabeth Madrigal
Ryan Meckel
Janine Roeth
Rafa Sonnenfeld
Santa Cruz YIMBY leads
Santa Cruz YIMBY Mission: We envision a community where our neighbors of all ages, cultures, abilities, and incomes, can make Santa Cruz County their home. In response to the ever-increasing cost of living, we advocate for more affordable housing to meet the needs of our growing population.

17.10 REAP 2.0 Grant for Inclusive Infill Housing
Matt VanHua, Principal Planner
City Council August 22, 2023

17.11 1 REAP 2.0 grant
2 3
Agenda
4 Planning context
Inclusive infill = Missing Middle Housing
5 Next steps
Affirmatively Furthering Fair Housing

17.12 • Regional Early Action Planning 2.0 State Grant
• Association of Monterey Bay Area Governments (AMBAG)
• Goals
• Accelerate infill housing supply, choice, and affordability • Affirmatively furthering fair housing (AFFH)
• Reduce Vehicle Miles Traveled (VMT)
• $750,000 application for Inclusive Infill Housing planning REAP 2.0 Grant

17.13 • Objective standards for multifamily
• Large houses and substandard sized lots
• Accessory Dwelling Units
• Senate Bill 9
• Two units and lot splits in single-family zoning
• Senate Bill 10
• City can choose to upzone properties near transit
Planning Context

17.14 • History of zoning for segregation
• Discrimination and redlining
• Residential racial integration declined from 1880s to 1950s • Economic segregation has increased since 1970s
• Land use patterns today
• HCD Opportunity Areas: economic, education, and health outcomes visualized
Fair Housing Issues

17.15 17.16
Assembly Bill 686 (2018) defines Affirmatively Furthering Fair Housing as:

Taking meaningful actions, in addition to combating
discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics.

The duty to affirmatively further fair housing extends to all of a public agency’s activities and programs relating to housing and community development. (Gov. Code, § 8899.50, subd. (a)(1).) AFFH

17.17 • Missing Middle Housing – density and cost
• SB 9 not placed-based
• More units and keep neighborhood compatibility
• Success in other cities
Inclusive Infill Housing

17.18 • Portland model
• SB 10 allows City to upzone to 5-10 units if parcel is located near high quality transit
• Project can explore the use of SB 10 to meet additional affordability and AFFH goals
SB 10 Options

17.19 • Additional objective standards for single-family and duplexes • New objective standards for SB 9 combined with ADUs
• Allowing triplexes and fourplexes
• New objective standards for affordable SB 10 units beyond four • Economic feasibility analysis
Inclusive Infill Project Scope

17.20 • Address existing neighborhood compatibility concerns • Provide for a greater variety of housing to improve housing affordability • Support greater inclusion and equity in Santa Cruz
Inclusive Infill Project Goals

17.21 Next Steps
August 2023
Apply for REAP 2.0 Grant
November 2023
Receive application decision
February 2024
Execute grant agreement
March 2026
Project Completion

17.22 REAP 2.0 Grant for Inclusive Infill Housing
Matt VanHua, Principal Planner
City Council August 22, 2023

17.23 City Council

AGENDA REPORT
DATE: 08/01/2023
AGENDA OF: 08/22/2023
DEPARTMENT: City Manager
SUBJECT: State of Child & Youth Well-Being Report 2022/2023 (CM) RECOMMENDATION: Accept the State of Child & Youth Well-Being report for 2023.

BACKGROUND: In December 2021, the City Council adopted the first “Children and Youth Bill of Rights.” The Bill of Rights provides a foundation that makes children and youth a top priority for the City so that:
• They have a healthy mind, body, and spirit that enables them to maximize their potential. • They develop a healthy attachment to a parent, guardian, or caregiver and an ongoing relationship with a caring and supporting adult.
• They have a safe and healthy environment, including homes, schools, neighborhoods, and communities.
• They have access to quality education that promotes future success in school, career, and life. • They have training in life skills that will prepare them to live independently, be self-sufficient, and positively contribute to their community.
• They have employment opportunities with protections from unfair labor practices. • They have freedom from mistreatment, abuse, and neglect. • They voice opinions in matters of interest, develop their leadership capacity and engage in their community.
• They feel supported by the larger community and maintain a sense of hope for the future. • They are encouraged to explore and express their innate curiosity and creativity.

City Council directed that Parks and Recreation Department staff develop and present a “State of Youth” report in 2022 to establish baseline metrics associated with the Children and Youth Bill of Rights. The report was intended to be updated and utilized year-over-year to evaluate needs, impacts, and successes resulting from the City’s investment in Santa Cruz youth and commitment to the Bill of Rights.

In the summer of 2022, Parks and Recreation staff, and a City Council subcommittee with the assistance of Nicole Young with Optimal Solutions Consulting worked together to prepare a draft report. In October of 2022, a draft report was prepared and presented to City Council, however the report was not considered completed as many data sources identified through the process were from 2018-2020, and not necessarily reflective of the current state of youth. In addition, the subcommittee wanted to ensure that youth voice was a key component of the report to ensure inclusivity, accuracy, and legitimacy.

18.1 The State of Child & Youth report is intended to serve as a performance measurement and reporting tool associated with key components of the City’s Health in all Policies framework.

Specifically, the report will speak to aspects of health/wellness and equity as it relates to Santa Cruz youth. Furthermore, the Children and Youth Bill of Rights and Children’s Fund are also rooted in equitable access and investment in the health and wellness of young people.

DISCUSSION: In March of 2023, oversight of the state of the youth program as well as the Childrens’ Fund Oversight Committee transitioned to the City Manager’s Office. To continue building on the previous work of the subcommittee and Parks and Recreation Department, the subcommittee held a State of the Youth community forum in May of this year. The forum brought together representatives of the community from all ages, professions, and cultural backgrounds. The forum was developed and facilitated by Nicole Lezin and Nicole Young from Optimal Solutions with the ultimate goal of utilizing the feedback from the forum in combination with updated data from a variety of resources to produce a comprehensive State of Child & Youth Well-Being report.

The report identifies several opportunities for action by the City of Santa Cruz to advance the Bill of Rights for children and youth. This inaugural report on The State of Child & Youth Wellbeing is a companion to the Bill of Rights that highlights how children and youth in the City of Santa Cruz are faring in multiple dimensions — or CORE (Collective of Results and Evidencebased Investments) Conditions — of health and well-being. The Report provides context and data to help inform the City’s priorities, decisions, and actions to advance well-being in each of the 10 Rights.

FISCAL IMPACT: The fiscal impact was $7,700 for consulting services provided by Optimal Solutions Consulting which will be funded from the Children's Oversight Fund.

Prepared and Submitted By:

Lisa Murphy
Deputy City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. THE STATE OF CHILD AND YOUTH WELL-BEING REPORT.PDF

18.2 AUGUST 2023

CITY OF SANTA CRUZ
in the

THE STATE OF

CHILD & YOUTH

WELL-BEING
Prepared by
Optimal Solutions Consulting

18.3 City of Santa Cruz - Report on the State of Child & Youth Well-being Optimal Solutions Consulting 2

CONTENTS
City of Santa Cruz Children & Youth Bill of Rights .......................................................................... 3 Quick List: Opportunities for Action .................................................................................................... 4 The City of Santa Cruz’s Commitment to the Rights of Children & Youth ............................... 5 About the State of Child & Youth Well-being Report .................................................................... 8 CORE Conditions for Health & Well-being ....................................................................................... 9 Who Are the Children & Youth In Santa Cruz? ................................................................................ 11 How Are Children & Youth in Santa Cruz Faring? ......................................................................... 15 Appendix A: Context & Technical Notes for Data ........................................................................ 32 Appendix B: Community Meeting Summary .................................................................................. 34 Appendix C: California Strong Start Index ....................................................................................... 41 References .............................................................................................................................................. 42

18.4 City of Santa Cruz - Report on the State of Child & Youth Well-being Optimal Solutions Consulting 3

CITY OF SANTA CRUZ CHILDREN & YOUTH BILL OF RIGHTS
Adopted by the Santa Cruz City Council, December 2021
All children and youth have the right to:

1. Have a healthy mind, body, and spirit that enables them to maximize their potential.

2. Develop a healthy attachment to a parent, guardian, or caregiver and an ongoing relationship with a caring and supporting adult.

3. Have a safe and healthy environment, including homes, schools, neighborhoods, and communities.

4. Have access to quality education that promotes future success in school, career, and life.

5. Have training in life skills that will prepare them to live independently, be self-sufficient, and positively contribute to their community.

6. Have employment opportunities with protections from unfair labor practices.

7. Have freedom from mistreatment, abuse, and neglect.

8. Voice opinions in matters of interest to them, develop their leadership capacity, and engage in their community.

9. Feel supported by the larger community and maintain a sense of hope for the future.

10. Be encouraged to explore and express their innate curiosity and creativity. “The true measure of a nation’s standing is how well it attends its children — their health and safety, their material security, their education and socialization, and their sense of being loved, valued, and included in the families and societies to which they were born.” UNICEF REPORT CARD 7

18.5 City of Santa Cruz - Report on the State of Child & Youth Well-being Optimal Solutions Consulting 4
QUICK LIST: OPPORTUNITIES FOR ACTION
This report identifies several Opportunities for Action by the City of Santa Cruz to advance the Bill of Rights for children and youth. The Opportunities are embedded throughout the report — identified by the gears icon — after the Rights they are associated with. They are listed below for quick reference.

Use the Children & Youth Bill of Rights and State of Child & Youth Well-being Reports for budget and programmatic decision making.

Conduct outreach to promote the availability of the City’s existing Teen and Youth programs.

Explore reinstating the PRIDE Program for youth facing the greatest barriers to well-being.

Maintain a commitment to accessible and safe parks and other spaces for children and youth to gather.

Continue and expand on partnerships with educational institutions, including the County Office of Education, Santa Cruz City Schools, Cabrillo College, and UC Santa Cruz.

Maintain the Public Safety Teen Academy/Explorer Program, a collaboration with the Fire and Police Departments during the summer.

Expand internship, vocational, and pre-apprenticeship opportunities in city departments.

Address Commercial Sexual Exploitation of Children (CSEC) through law enforcement and city homeless service providers trainings.

Appoint Council and staff representatives to child/youth-focused initiatives.

Formalize the Youth Liaison position (with a stipend) to support youth participation and leadership development.

Integrate Youth Liaison and other youth as key stakeholders to be consulted on City policy issues.

Integrate Youth Liaison and other opportunities for youth voice and involvement in implementation of the City’s climate action plan.

Analyze and make continuous improvements to accessibility of City committees and commissions for youth and young adults.

Conduct bi-annual presentation to the City Council on “The State of Child & Youth Well-being in Santa Cruz.”

18.6 City of Santa Cruz - Report on the State of Child & Youth Well-being Optimal Solutions Consulting 5
THE CITY OF SANTA CRUZ’S COMMITMENT TO THE RIGHTS

OF CHILDREN & YOUTH
All children and youth have the right to live happy, healthy, fulfilling lives, no matter who they are, what they look like, where they were born, where they live, what language they speak, or what they believe. No young person should be treated unfairly for any reason.

Children and youth deserve to be loved unconditionally and feel a sense of belonging in their families and communities. Parents/caregivers — which includes birth parents, stepparents, grandparents or other relatives, foster or adoptive parents, and other caring adults in a parenting role — are children’s first and most important teachers. They hold the important job of providing safe, nurturing relationships and environments that are essential for healthy brain development, particularly in the first five years of life. This lays the foundation for health and well-being at every stage of life. Parents/caregivers also have the right to not just survive, but to thrive.

Children and youth need to have the resources, opportunities, and experiences that promote optimal health, education, economic, and social outcomes. They deserve to live, learn, and play in communities that are intentionally designed for belonging and inclusion and foster the well-being of the “whole child, whole family, whole community.” Differences in access to resources, opportunities, and outcomes should not be predictable by race, class, gender, sexual orientation, disability, religion, language, culture, or other aspects of their identities.

While many people and institutions share these beliefs about what children and youth deserve, our society still has a long way to go before these words are a reality for all children and youth (defined by the City as children under age 18 and young adults ages 18-24). Minor children do not have the power to vote, but their everyday lives are affected by programs, policies, rules, laws, and budget decisions made at all levels of government. Many times, these decisions benefit some groups of children and youth more than others because they provide greater, easier, or guaranteed access to the resources and opportunities that children and youth (and their families) need to thrive.

Those same decisions may simultaneously disadvantage other groups of children and youth because they reduce or block access to the resources and opportunities needed to survive, let alone thrive.

This dynamic creates, maintains, and exacerbates structural inequities — i.e., the systematic and ingrained differences in access to resources, opportunities, and fair treatment that contribute to predictable, but preventable, differences in well-being

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outcomes. Structural inequities exist in both the public and private sectors and across all systems that touch the lives of children, youth, and families: education, health, housing, employment, criminal justice, child care, philanthropy, and more. The inequities are typically a result of historical and ongoing patterns of discrimination based on race, gender, socioeconomic status, religion, sexual orientation, and other characteristics.

They are "structural" because they are deeply embedded in society's institutions, laws, regulations, and norms, making them persistent and difficult to eliminate without systemic change.

To create the systemic change needed, our society needs to guarantee all children and youth the right to live happy, healthy, fulfilling lives. However, the United States is the only United Nations member not to ratify the Convention on the Rights of the Child, i a
globally recognized and respected framework for children’s rights anchored in four core principles: 1) nondiscrimination, 2) the best interests of the child, 3) survival and development, and 4) participation and inclusion.ii
This statement is true not only across the nation, but in our own community. For this reason, the Santa Cruz City Council adopted the Children & Youth Bill of Rights (Bill of Rights) in December 2021, becoming the first body of electeds in the county to do so.

The Santa Cruz County Board of Supervisors followed suit in May 2022, as well as the City of Capitola, in July 2023.

The Bill of Rights serves as both a compass and an accountability tool to ensure that City leaders keep the needs of young people at the forefront of decisions about budgets and government policies. It complements other policies and initiatives the City has adopted and supported, including but not limited to:
• City of Santa Cruz Children’s Fund — The Children’s Fund was initially created in 2017 through a City Council policy, then later enshrined in the City Charter when voters approved Measure A. Twenty percent of revenue generated by the Cannabis Business Tax is allocated to the dedicated Children’s Fund to support “In the absence of an overarching and coherent framework and system of accountability to ensure every child achieves their optimal health and well-being, children in the United States face increasing inequalities and health outcomes.”
– Reimagining Children’s Rights in the United States

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enhancement and expansion of evidenced-based programs and to prioritize access to early childhood development, prevention, and vulnerable youth programs.

Since its creation, the Children's Fund has provided scholarships for youth and children to access Santa Cruz City Parks and Recreation programs, early learning support and, during the pandemic, childcare scholarships for essential workers. A Children’s Fund Oversight Committee has been established to oversee the distribution of funds, consistent with the intent of Measure A. The Oversight Committee is in the process of developing a new application and criteria for selecting who will receive funds each year.
• Health in All Policies (HiAP) — In November 2018, the City Council adopted a Health in All Policies (HiAP) ordinance and a set of community-informed implementation recommendations developed by a subcommittee of Councilmembers and Department Heads. Staff in the City Manager’s Office have continued to support the Council in developing and implementing an annual HiAP workplan and evaluating and reporting on progress.

The three pillars of the HiAP approach are reflected throughout the Bill of Rights.

Equity is brought to the forefront by prioritizing youth, who traditionally are not prioritized or given a voice in government budgeting and programmatic decisions.

Sustainability is woven into the Bill of Rights by addressing healthy environments and healthy living. Health and well-being are the overarching purpose and ultimate goal of each of the 10 Rights.
• Youth Action Network (YAN) — YAN is a community impact initiative (formerly known as the Youth Violence Prevention Network) composed of youth and adults working together to identify emerging needs in our community and to increase overall youth-wellbeing through youth voice and youth leadership. The City has committed to participate in the YAN, in support of YAN’s goals:

1. Youth-Adults Partnerships: Increase youth supported by caring adults and relationships with local decision-makers.

2. Youth Voice: Increase meaningful participation and opportunities for youth to share their voices, ideas, and leadership for youth within Santa Cruz County.

3. Youth Leadership Development: Increase knowledge of youth leadership development and capacity for creating change in the community.

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ABOUT THE STATE OF CHILD & YOUTH WELL-BEING REPORT
This inaugural report on The State of Child & Youth Well-being (Well-being Report) is a companion to the Bill of Rights that highlights how children and youth in the City of Santa Cruz are faring in multiple dimensions — or CORE Conditions — of health and well-being.

The Well-being Report provides context and data to help inform the City’s priorities, decisions, and actions to advance well-being in each of the 10 Rights. The report is organized by these sections:

1. CORE Conditions for Health and Well-being (pp. 9-10) A framework for aligning community-level well-being indicators with the Bill of Rights

2. Who Are the Children and Youth in Santa Cruz?
Key demographic characteristics of children and youth (ages 0-24) in the City of Santa Cruz

3. How Are Children and Youth in Santa Cruz Faring?
This section includes:
• Data Snapshots featuring a select number of community-level indicators of health and well-being for each Right, aligned with the CORE Conditions • Community Insights shared by youth, parents/caregivers, and community partners during a Community Meeting held on May 8, 2023 • Current City Programs that support efforts to increase opportunities and improve outcomes in each Right
• Opportunities for Action by the City Council and staff to advance each Right.

The Opportunities were identified by the Council subcommittee that developed the Bill of Rights. Additional Opportunities may be identified and added by Councilmembers and staff.

4. Appendices
• Appendix A contains additional context and technical notes about the data (including limitations to consider)
• Appendix B provides a description and more detailed summary of the Community Meeting held on May 8
• Appendix C provides a description of the California Strong Start Index

5. References

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CORE CONDITIONS FOR HEALTH & WELL-BEING
Each item in the Children & Youth Bill of Rights
is related to one or more of the CORE
Conditions for Health and Well-being — eight
vital, interconnected conditions, with equity at
the center, that every person needs to
experience in order to have optimal health and
well-being across the lifespan.

1. Health & Wellness
Optimal physical, mental, social-emotional, behavioral, and spiritual health across the life span

2. Lifelong Learning & Education
High-quality education and learning opportunities from birth through the end of life

3. Economic Security & Social Mobility
Stable employment, livable wages, food security, ability to afford basic needs, wealth accumulation, and prosperity

4. Thriving Families
Safe, nurturing relationships and environments that promote optimal health and well-being of all family members across generations

5. Community Connectedness
A sense of belonging, diverse and inclusive neighborhoods and institutions, vibrant arts and cultural life, and the power of civic engagement

6. Healthy Environments
A clean, safe, sustainable natural environment and a built environment and infrastructure that supports health and well-being

7. Safe, Just Communities
Fair, humane approaches to ensuring personal, public, and workplace safety that foster trust, respect, and dignity.

8. Stable, Affordable Housing & Shelter
An adequate supply of housing and shelter that is safe, healthy, affordable, and accessible

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The CORE Conditions provide a common language and framework for people and organizations across all sectors to identify community strengths and challenges, prioritize actions to improve conditions of well-being, and measure progress and collective impact over time. The City plays an important role in fostering the CORE Conditions through its programs, policies, initiatives, and budget decisions. The City has already aligned some elements of its work with the CORE Conditions, including the HiAP evaluation framework and the CORE Investments contracts for community-based services, co-funded with the County of Santa Cruz. The table below summarizes the indicators included in this report.

Right Indicator CORE Condition Page
1 Strong Start Score Health & Wellness 15
Physical Health: Health Status
Emotional Wellness: Positive Feelings & Thoughts
of Suicide
Behavioral Health: Substance Use
Psychological Distress
2 Home Supports: High Expectations Community
Connectedness
18 Caring Relationships with Adults at School
3 Rent Spending Stable, Affordable
Housing & Shelter
Safe, Just Communities
Healthy Environments
)20
Unhoused Children, Youth & Young Adults
Safety at School
Park Access
4 Subsidized Child Care Lifelong Learning &
Education
22 English Language Arts/Literacy
Mathematics
High School Graduation
Enrollment in Higher Education
5, 6 Employment Economic Security &
Mobility
24 Children Living in Poverty
Internet Access
7 Family Reading Thriving Families 26
Positive Childhood Experiences (PCEs) – Teens
Adverse Childhood Experiences (ACEs) – Teens
Child Maltreatment
8 Ever Volunteered in the Community Community
Connectedness
Healthy Environments
27-28
Belief in Ability to Make a Difference
Confidence to Contact Someone in Government
Voting Empowers Community Members
Voter Turnout
Concern about Climate Change
9, 10 Social and Emotional Health: Optimism Community
Connectedness
29 School Supports: High Expectations
Connected to Others Making a Difference

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WHO ARE THE CHILDREN & YOUTH IN SANTA CRUZ?
AGE
The City of Santa Cruz has a population of 62,714 people. Children and youth under the age of 25 make up nearly half of the City’s population. iii
The majority of children and youth in this age range are young adults, ages 18-24. iv

RACE AND ETHNICITY
Although there are small numbers of individuals within specific racial or ethnic groups, collectively the majority of children and youth under age 25 in the City are Black, Indigenous, People of Color (BIPOC).
v

12%
44%
44%
65+
25-64
0-24
14%
14%
72%
0-9
10-17
18-24
42%
23%
14%
11%
7%
2%

0.9%

0.1%
White
Latino or Hispanic (of any race)
Asian
Two or more races*
Another race
Black or African American
American Indian or Alaska Native
Native Hawaiian or Another Pacific…

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LANGUAGE
Nearly 30% of children (ages 5 – 17) in the City of Santa Cruz speak a language other than English at home. A similar percentage of adults ages 18 and older speaks a language other than English at home. Spanish is the most common language, followed by Indo-European and Asian/Islander languages, and “Other” languages.vi 1%
3%
3%
22%
Other
Indo-European
Asian/Pacific
Islander
Spanish
1%
5%
7%
14%
Children 5-17 Adults 18+

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GENDER IDENTITY AND SEXUAL ORIENTATION
According to the U.S. Census Bureau’s American Community Survey (ACS), 52% of children and youth in the City of Santa Cruz are female, and 48% are male.vii However, data on other gender identities and sexual orientation are not yet available through the ACS.

The California Healthy Kids Survey (CHKS), completed by a sample of students in grades 5, 7, 9, 11 and Non-Traditional schools (including alternative education), provides a more nuanced understanding of how students in the Santa Cruz City Schools (SCCS) District define their gender and sexual orientation.

In School Year (SY) 2022-23, between 2–5% of students in grades 7-9 and NonTraditional schools who completed the CHKS (n = 1,570) identified their gender as nonbinary or “something else.”viii
When asked whether their gender is different from the sex they were assigned at birth, 2–5% of student respondents said they are transgender, and another 2–5% said they are not sure.
ix The remaining students either did not answer this question (3–5%) or said they are not transgender (86–92%).
2%
3% 3%
5%
3%
2% 2%
5%
7th 9th 11th Non-Traditional
Transgender Not Sure
3%
2% 2%
5%
3%
4%
3%
0%
7th 9th 11th Non-Traditional
Nonbinary Something Else

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In the same survey, 15–20% of student respondents identified their sexual orientation as Lesbian, Gay, or Bisexual (LGB) or “Something Else,” while 4–10% were not sure.

FAMILY ECONOMICS
All students can participate in school nutrition programs. However, students with family incomes under 130% of the federal poverty line are eligible for free meals, and those with incomes between 130–185% of the poverty line are eligible for reduced-price meals. This is one indicator of families’ economic security.

In SCCS, one-third or more of students are eligible for free or reduced price school meals.
x This means that many students may be living in families experiencing food insecurity or unable to meet other basic needs, which can affect the ability of children and youth to learn and be healthy. Additional data on family economics are included in a later section of this report.
of Santa Cruz City Schools
Elementary students are eligible for
free or reduced price school meals
of Santa Cruz City Schools High
School students are eligible for free
or reduced price school meals
11%
14%
16%
14%
4% 4% 4%
0%
10%
7%
4% 5%
7th 9th 11th Non-Traditional
LGB Something Else Not Sure
38% 34%

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HOW ARE CHILDREN & YOUTH IN SANTA CRUZ FARING?
The Data Snapshots presented on the following pages include several indicators, using the most current, publicly available data available at the time this report was produced.

Quantitative data can paint a useful, clear picture of strengths, gaps, and differences in well-being that may warrant further exploration or action by the City. But quantitative data only tell part of the story and should be considered carefully, in the right context, particularly given these important details (described further in Appendix A):
• The data are inclusive but not exhaustive. While this report is thorough, it still contains a relatively small subset of data related to child and youth well-being. • The effects of the pandemic are reflected in the data, not only in terms of the status of well-being (or areas of concern), but the consistency and reliability of trend data, which makes it difficult to accurately assess or interpret changes over time. • Some data represent small numbers of children and youth, which means percentages may not be representative of all children and youth. The data are suppressed (S) by the original sources if the numbers or percentages are too small, to preserve confidentiality. This makes it very difficult to identify indicators where City-level data can be disaggregated by age (up to age 24), race and ethnicity, gender, sexual orientation, and other demographic characteristics.
• Data are collected at different times and frequencies, depending on the sources. In some cases, City of Santa Cruz data are from a more recent year than the countywide and California data. In these instances, the county and state data were provided as a point of reference (or omitted if too old) but should not be compared to the City data.

The following symbols are used when multiple years of data were available from the original, cited source. The absence of a symbol means there was not enough (or any) data from previous years.
 Indicates a positive (desired) change of at least 2 points since the prior measurement period
 Indicates a negative (unwanted) change of at least 2 points since the prior measurement period
 Indicates no change or an increase/decrease of 1 point since the prior measurement period

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RIGHT #1: CHILDREN AND YOUTH HAVE A HEALTHY MIND, BODY, AND SPIRIT THAT ENABLES THEM TO MAXIMIZE THEIR POTENTIAL.

Data Snapshot
CORE Condition: Health & Wellness
Optimal physical, mental, social-emotional, behavioral, and spiritual health City SC Countywide CA
Strong Start Score
Average number of birth assets (out of 12)
that promote resilience (See Appendix C for
a description of the Strong Start Index) xi
2021 2021 2021

10.2  9.6  9.2 
Physical Health: Health Status
Children and youth who are in Excellent or
Very Good health xii
S = Suppressed due to small number
2021 2021 2021
Ages 0-11 City-level
data not
available
95%  88% 
Ages 12-17 60%  60% 
Ages 18-24 S 56% 
Emotional Wellness: Positive Feelings
Students who did not experience frequent
or chronic sadness or hopeless feelings
(most or all of the time) in the past 12
months* xiii
NT = Non-Traditional schools (alternative education)
2022 2021
Current
data not
available
Grade 5 91% Unknown
Grade 7 77%  64% 
Grade 9 69%  56% 
Grade 11 70%  50% 
NT 76%  45% 
Emotional Wellness: No Thoughts of
Suicide
Students who did not seriously consider
attempting suicide in the past 12 months* xiv
2022 2021
Current
data not
available
Grade 7 92%  88% 
Grade 9 86%  85% 
Grade 11 88%  85% 
NT 86% 78% 
Behavioral Health: Substance Use
Students who did not have one or more
drinks of alcohol in the past 30 days* xv
2022 2021
Current
data not
available
Grade 7 96%  97% 
Grade 9 89%  95% 
Grade 11 73%  85% 
NT 76%  82% 
Psychological Distress
Youth or young adult is likely to have had
serious psychological distress during the
past year xvi
City-level
data not
available
2021 2021
Male:
10-17 64%  29% 
Female:
10-17 64%  39% 
Male &
Female:
18-24
46%  30% 
*See technical notes in Appendix A

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Community Insights
The Community Insights throughout the report come from a May 2023 community meeting in which adults and youth discussed issues related to early childhood and school-aged youth, adolescents, and young adults.
• Mental health remains an ongoing area of need. Poor mental health was a concern prior to the pandemic, but the pandemic’s disruption and isolation amplified these issues. Private therapy is extremely expensive, especially if the service is not covered by insurance, which makes it inaccessible for many who need it. • Youth who attended the community meeting expressed concern about mental health struggles among their peers and the lack of support, especially in the period after the COVID-19 lockdowns. During the pandemic, students’ physical health also suffered.

One student shared that they stayed active by getting into surfing. This led to learning about issues like coastal erosion and ocean safety. Ocean safety has been a top issue lately, especially after the recent drowning of a local student at Its Beach. • Other concerns raised included, “Youth [are] not taught how to respond to mental health behaviors,” and “Kids don’t know that they have a learning disability (comes out in different ways, i.e., behavior).”
• Child care providers have expressed concerns that young children are not exhibiting typical social-emotional development for their age. Their overall ability to self-regulate emotions and interact with peers has been
negatively impacted by pandemic-related isolation.
• School counselors in Santa Cruz City Schools (SCCS)
district are seeing more diagnoses of depression,
anxiety, and eating disorders. They are providing
more counselors on campus and holding mental
health pop-up days to destigmatize help-seeking
behaviors. They are offering suicide awareness for all
middle and high school students and expanding the
K-8 social-emotional learning curriculum. School staff
and counselors are also working to address social
media use and its effects on mental health.
• One participant noted the need to have “Better
access to diagnosis of children to better meet their
academic and psychological needs  validating kids’
experiences with difficult teachers and adults,
allowing conversations to be two-sided, with two
stories, and understanding that just because kids struggle to express emotions, that the roots of those emotions are still valid.”
While the increased demand
for mental health services is
concerning, it also could be a
positive indication that there is
less stigma about seeking
mental health care.

One community meeting
participant asked, “Are the
increasing mental health
services demands partially
driven by new awareness of
and ownership over mental
health in our youth and young
adults? In short, are our youth
demanding more from us?”

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• The mental health needs of community college and university students have grown, too, with demands for services at an all-time high — approximately double prepandemic levels at Cabrillo College, which sees about 100 students a month with mental health appointments. The increased need is related to the impact of isolation and less connection during COVID, as well as the role of social media. In the smallgroup discussion, one participant raised the concern about, “Young adults dealing with anxiety, leaning into drugs and then destroy their lives going down that path.” • The good news is that California adopted a Master Plan for Kids’ Mental Health and is investing in initiatives like the Children’s Youth and Behavioral Health Initiative, CalAIM, Community Schools, and other reforms. This should bring enhanced resources to our county for training and vital services.

Current City Programs
The City operates several programs and services in support of this Right, including:
• Santa Cruz Teen Center: A free, drop-in recreational facility dedicated to creating a safe and diverse environment for teens. In addition to daily activities, the Teen Center offers homework help, special events, day and overnight trips, sports and outdoor events, young men’s and women’s circle groups, and healthy cooking activities. • Aquatics: Junior Guards builds confidence in the beach and ocean environment.

Recreation Swim is offered at Harvey West Pool for pool play. • Recreation Classes: A variety of classes for youth are offered three seasons a year (Fall, Winter-Spring, and Summer) including STEAM classes, soccer, skateboarding, martial arts, basketball, beach volleyball, art, theater, and after-school enrichment. • Parks: Provides essential recreational resources used by children and youth, including 21 playgrounds, 3 skate parks, 3 bicycle pump tracks, 1 BMX park, 3 beaches, the Harvey West Pool, athletic fields used by Santa Cruz Little League, Santa Cruz Youth Soccer, and Pop Warner football.
• DeLaveaga Golf Course: Offers free golf and tee times to the Santa Cruz, Harbor, and Soquel High School teams; discounted golf rates to players 18 years and under, including $5 rounds to participants in the Youth on Course program.

OPPORTUNITY FOR ACTION
 Use the Children & Youth Bill of Rights and State of Child & Youth Well-being Reports for budget and programmatic decision making.

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RIGHT #2: THEY DEVELOP A HEALTHY ATTACHMENT TO A PARENT, GUARDIAN,

OR CAREGIVER AND AN ONGOING RELATIONSHIP WITH A CARING AND SUPPORTING ADULT.

Data Snapshot
CORE Condition: Community Connectedness
A sense of belonging, diverse and inclusive neighborhoods and institutions, vibrant arts and cultural life, and the power of civic engagement.

City SC County SC CA
Home Supports: High Expectations
Students who have a parent or other
grown-up at home who has high
expectations of them (wants them to do
their best) * xvii
2022
Grade 5 96% NA NA
Caring Relationships with Adults at
School
Students who have a caring relationship
with a teacher/adult at school* xviii
2022 2021
Current
data not
available
Grade 5 78% NA
Grade 7 59%  60% 
Grade 9 62%  56% 
Grade 11 60%  62% 
NT 48%  76% 
*See technical notes in Appendix A
Community Insights
• In the discussion on early childhood and school-aged children, one concern was, “parents who feel disconnected and overwhelmed.” Multiple participants in that group suggested ideas to expand access to the Triple P – Positive Parenting Program. They would like to see more Triple P classes led or co-led by parents, in other community settings and spaces, and for additional age groups. (Note: Triple P is currently available for free to families with children ages 0-17+. First 5 Santa Cruz County oversees the countywide implementation, and services are provided by various community-based organizations.)
• One of the panelists noted that it is encouraging to see parent-centered approaches being supported by the County, City of Santa Cruz, and schools partners — e.g., City of Santa Cruz Children’s Fund; CORE Investments funding for the countywide Cradle to Career (C2C) initiative (which includes parent-led efforts and participation from families at Bayview and Gault elementary schools, among others); and the Thrive by 5 initiative (parent leaders serve on the Advisory Committee).

In the discussion focused on adolescents, one participant shared their view that, “[The] City should be more present at the schools (reach out and be there).” Multiple

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students who attended the community meeting said they didn’t know about the City’s Teen Center.
• Other suggestions about policies and programs that would make life better for adolescents and their families included, “More spaces for youth to hang out at (like Circle Church)” and “Have schools be a true hub, a place to receive information and feel connected.”
Current City Programs
• Teen and Youth programs: The Santa Cruz Teen Center, Summer Camps, Classes, and Junior Guards are programs that have participants return year after year and develop positive, supportive relationships with staff, the Teen Center being the most consistent and daily touch point. The City’s Junior Guard instructors provide key mentorship for participants as they move through the program. • Field rentals: Parks and Recreation provides discounted rentals to youth sports organizations (Little League, Pony League, Youth Soccer). These programs foster positive relationships with adult coaches and teachers.

OPPORTUNITY FOR ACTION
 Conduct outreach to promote the availability of the City’s existing Teen and Youth programs.
 Explore reinstating the PRIDE Program for youth facing the greatest barriers to well-being. The program focused on relationships inside the home and provided participants with a supportive mentor. It was previously coordinated by the Santa Cruz Police Department in collaboration with Santa Cruz City Schools.

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RIGHT #3: THEY HAVE A SAFE AND HEALTHY ENVIRONMENT, INCLUDING HOMES, SCHOOLS, NEIGHBORHOODS, AND COMMUNITIES.

Data Snapshot
CORE Condition: Stable, Affordable Housing & Shelter
An adequate supply of housing and shelter that is safe, healthy, affordable, and accessible.

City SC County SC CA
Rent Spending
Renters who spend 30% or more of their
household income on rent xix
2017-2021 2017-2021 2017-2021
Ages
15-24
Data not
available 76%  Data not available
Overall 56%  54%  54% 
Unhoused
Percentages of unhoused population
that are children and youth xx City-level
data by
age not
available
2022 2022
< Age 18 4%  9% 
Ages 18-24 10%  6% 
Unhoused, unaccompanied young adults
(18-24), sheltered and unsheltered xxi
Total
Number 222  9,046 
Sheltered 3%  29% 
Unsheltered 97%  71% 
CORE Condition: Safe & Just Community
Fair, humane approaches to ensuring personal, public, and workplace safety that foster trust, respect, and dignity.

City SC County SC CA
Safety at School
Students who felt safe at school most or
all of the time* xxii
*See technical notes in Appendix A
2022 2021
Current
data not
available
Grade 5 84%** NA
Grade 7 65%  68% 
Grade 9 61%  68% 
Grade 11 62%  74% 
NT 57%  78% 
CORE Condition: Healthy Environments
A clean, safe, sustainable natural environment and a built environment and infrastructure that supports health and well-being.

City SC County SC CA
Park Access
Residents who live within a half mile from
a park xxiii
2020 2020 2020
100% 86% 79%
Residents who live in areas with less than
3 acres of parks or open space per 1,000
residents xxiv
26% 32% 39%

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Community Insights
• Youth who attended the Community Meeting said they don’t feel like there is a venue for youth to gather to share ideas. Several of them didn’t know about the City’s Teen Center. They expressed a desire for more safe, accessible spaces for youth to hang out (like Circle Church).
• Other participant suggestions for policies and programs that would make life better for children, youth, and families included: Access to Harvey West Pool for youth of all ages and community (swim lessons, ocean safety, summer
camps); surfing for all; equitable access to surf for all youth (transportation, lessons, equipment, scholarship/low cost, diverse mentors); and ocean safety for all.
• Participants also expressed safety concerns related to the prevalence of substance abuse in the community, particularly downtown Santa Cruz.

One participant suggested providing resources and tools for youth to learn how to navigate aggressive or violent behaviors of people who are unhoused. • City staff work directly with schools on initiatives like Safe Spaces and the Teen Center, addressing community need by creating programs that the Parks and Recreation team can offer. Looking ahead, Parks and Recreation staff are trying to expand their outreach so that more people use spaces and programs, especially with an equity lens. One way to address equity is to offer scholarships for those who might not be able to afford activities, but the demand for scholarships for programs has been “through the roof,” and they are unable to meet the demand. Support from the Children’s Fund could allow the City to expand Harvey West Pool hours this summer.

Current City Programs
• The Santa Cruz Teen Center: A free, drop-in recreational facility dedicated to creating a safe and diverse environment for the teen community in order to empower youth, foster creativity and promote alternate forms of education. Currently open Monday - Friday, 3:00 - 8:00 pm.
• Parks: Essential, free recreational resources used by children and youth, including 21 playgrounds, 3 skate parks, 3 bicycle pump tracks, 1 BMX park, 3 beaches

OPPORTUNITY FOR ACTION
 Maintain a commitment to accessible and safe parks and other spaces for children and youth to gather.

Participants in the
discussion focused on
young adults said,
“We need housing,
higher wages, better
transit. Students’
interests are everyone’s
interests.”

18.24 City of Santa Cruz - Report on the State of Child & Youth Well-being Optimal Solutions Consulting 23
RIGHT #4: THEY HAVE ACCESS TO QUALITY EDUCATION THAT PROMOTES FUTURE SUCCESS IN SCHOOL, CAREER AND LIFE.

Data Snapshot
CORE Condition: Lifelong Learning & Education
High-quality education and learning opportunities from birth through the end of life.

City SC County SC CA
Subsidized Child Care
Unmet need for subsidized child care for
children who are income-eligible (95060,
95062, 95064, 95065 zip codes) xxv
2020 2020 2020
0-2 yrs 97%  87%  87% 
3-5 yrs 85%  47%  64% 
English Language Arts/Literacy
3rd grade students meeting or exceeding
grade-level English Language
Arts/Literacy standards* xxvi
2022 2022 2022
All 3rd 47% 37% 42%
Economic
Disadv. 16% 20% 29%
EverEnglish
Learner
14% 15% 28%
Latino 27% 21% 31%
Mathematics
8th grade students meeting or exceeding
grade-level math standards* xxvii
2022 2022 2022
All 8th 36% 39% 44%
Economic
Disadv. 19% 21% 30%
EverEnglish
Learner
15% 17% 31%
Latino 19% 22% 31%
High School Graduation
Students who graduate high school within
four years of their first enrollment in 9th
grade xxviii
S = Suppressed due to small number
2022 2022 2022
All Students 94%  87%  87% 
Asian 100% 96%  95% 
Black S 92%  79% 
Latino 92%  84%  85% 
White 95%  90%  91% 
2+ Races 91%  90%  89% 
Enrollment in Higher Education
High school graduates who are enrolled
in a 2-year or 4-year college one year
after graduation xxix
2021 2021 2021
73%  67%  64% 
*See technical notes in Appendix A

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Community Insights
• Participants in the group discussion on early childhood and school-aged children raised issues such as, “All children have the right to early education,” “What can we do to expand quality affordable child care and the Early Childhood Education (ECE) workforce, with good wages and benefits?” and a desire for “Infant and toddler care during non-traditional hours.”
• During the panel presentation, both of the Cradle to Career Parent Leaders (whose children attend Bayview Elementary and Mission Hill) spoke about their difficulties finding affordable child care, despite working full-time or multiple jobs. Their biggest concern is housing. One Parent Leader and her partner have been trying to find a two-bedroom house or apartment, but the minimum rent is $3,600/month — completely unaffordable and unrealistic for their situation, even with multiple incomes. • The panelists underscored that there are broader, deeply entrenched challenges in the ECE system that were not caused by the pandemic, but they have been greatly exacerbated by it. Child care is just too expensive for many parents, while also not providing adequate compensation to the workforce. This is an ongoing, systemic issue that would require massive public financing.
• Youth said students often feel overwhelmed by homework and seem to lack motivation. Students could use more academic support and real-life skills that make learning more relevant, especially for youth who work to support their families. • SCCS made progress in closing the digital divide during the pandemic. More SCCS students than ever qualify for 4-year college; graduation rates are above the state average; and many scholarships for Career Technical Education (CTE) and college have been earned.
• In the group discussion focused on young adults, concerns and suggestions included a “Big need for student peer mentors/tutors that can work at high schools while attending college,” and “Better teacher understanding of students and their differences — what they react to and motivates them.”
Current City Programs
• London Nelson Community Center: Offers a significantly discounted rental agreement (and exclusive use of a room) with the County Office of Education (COE) for their Alternative High School program. Students often use the Teen Center after school. • Parks and Recreation: Hosts the Museum of Natural History in Tyrell Park ($1/year lease of City facility); partners with the Museum on their Garden Learning Center in Tyrell Park, school field trip programs at Neary Lagoon and Pogonip, and the Earth Stewards Program that provides service learning opportunities in open spaces for high school students.

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OPPORTUNITY FOR ACTION
 Continue and expand on partnerships with educational institutions, including the County Office of Education, Santa Cruz City Schools, Cabrillo College, and UC Santa Cruz.

RIGHT #5: THEY HAVE TRAINING IN LIFE SKILLS THAT WILL PREPARE THEM TO

LIVE INDEPENDENTLY, BE SELF-SUFFICIENT AND POSITIVELY CONTRIBUTE TO THEIR COMMUNITY.

RIGHT #6: THEY HAVE EMPLOYMENT OPPORTUNITIES WITH PROTECTIONS FROM UNFAIR LABOR PRACTICES.

Data Snapshot
CORE Condition: Economic Security & Social Mobility
Stable employment, livable wages, food security, ability to afford basic needs, wealth accumulation, and prosperity.

City SC County SC CA
Employment
Annual average rate of unemployed
workers in the civilian workforce xxx
2022 2022 2022

3.1  4.8  4.2 
Children Living in Poverty
Children under age 18 living below the
federal poverty level xxxi
2017-21 2017-21 2017-21
11%  11%  16% 
Internet Access
Households with a broadband internet
subscription xxxii
2017-21 2017-21 2017-21
94%  92%  91% 
Community Insights
• Some youth and their parents/caregivers shared their positive experiences with the AVID (Advancement Via Individual Determination) program that teaches life skills, offered through SCCS. One parent suggested, “There should be a required class to help with college applications, essays, and decisions for everyone (like AVID)” and that it should be mandatory.
• Other concerns and suggestions raised were related to basic needs (“Access to food for all”), parking challenges at Santa Cruz High.

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• A participant in the group discussion focused on young adults noted they “Would like to know about services for Transitional Age Youth and job opportunities for work for students without Social Security cards.”
• For Cabrillo students, many also face challenges with housing costs and food insecurity, which are the most acute problems for Cabrillo students. More students are experiencing homelessness, leading to efforts to build housing on both the UCSC and Cabrillo campuses so that there can be more affordable options for students. • Another participant in the group discussing early childhood and school-aged children said (in Spanish), “Work with the different organizations to provide all resources from early childhood onwards.”
Current City Programs
• Teen Job Fair: Provides job opportunities for teens as well as training on interview skills and filling out a job application.
• Teen Intern Program: Places teens in paid job positions in City departments. • Junior Leader volunteer program: Places teen volunteers (ages 13-15) in our Summer Camps programs. This provides them with first job interview and working experiences to list on a future resume.
• Junior Guard Captain Corps program: Captain Corp volunteers (ages 15-17) function as role models for Junior and Little Guard participants and assist instructors with marine safety through participation, education and creating a positive learning environment. This provides them with first job interview and work experiences to list on a future resume.
• Summer Youth Trails program: Provides paid employment and job training in parks and trail maintenance.

OPPORTUNITY FOR ACTION
 Maintain the Public Safety Teen Academy/Explorer Program, a collaboration with the Fire and Police Departments during the summer.

The program helps establish healthy relationships with public safety staff and exposes youth to the concepts and potential of civic/public service. The program has been well-received by parents and youth.  Expand internship, vocational and pre-apprenticeship opportunities in city departments.

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RIGHT #7: THEY HAVE FREEDOM FROM MISTREATMENT, ABUSE AND NEGLECT.

Data Snapshot
CORE Condition: Thriving Families
Safe, nurturing relationships and environments that promote optimal health and well-being of all family members across generations.

City SC County SC CA
Family Reading
Days per week parent/caregiver reads
books with child (0-5 years) xxxiii
City-level
data not
available
2021 2021
Every day 75%  54% 
3-6 days 11% 26% 
Positive Childhood Experiences
(PCEs) – Teens only
Number of Positive Childhood
Experiences (PCEs) xxxiv
City-level
data not
available
2021 2021
0-2 46% 22%
3-5 15% 43%
6-7 39% 35%
Adverse Childhood Experiences
(ACEs) – Teens only
Has ever had Adverse Childhood
Experiences (ACEs) xxxv
City-level
data not
available
2021 2021
Yes 27% 44%
No 73% 56%
Child Maltreatment
Substantiated child abuse rate (cases per
1,000 children) xxxvi
City-level
data not
available
2022 2022
< age 1 10.4  18.6 
Age 1-2 2.9 7.4 
Al Ages
0-17 2.2  6.1 
Community Insights
• Many of the comments and suggestions described in Right #1, related to mental health and parenting supports, are applicable to Right #7, too. • One participant noted that, “LGBTQ+ support feels very forced” — although it’s unclear whether that refers to supports offered through schools or other resources.

Current City Programs
• Police Department: Teaches a class in the schools about Cyberbullying and Social Media Awareness. Additionally, data on Commercial Sexual Exploitation of Children (CSEC) are hard to find, but this is a grave concern in the City and beyond. SCPD is participating in training on CSEC to better understand and address this issue.

OPPORTUNITY FOR ACTION
 Address Commercial Sexual Exploitation of Children (CSEC) through law enforcement and city homeless service providers trainings.

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RIGHT #8: THEY VOICE OPINIONS IN MATTERS OF INTEREST TO THEM, DEVELOP THEIR LEADERSHIP CAPACITY, AND ENGAGE IN THEIR COMMUNITY.

Data Snapshot
CORE Condition: Community Connectedness
A sense of belonging, diverse and inclusive neighborhoods and institutions, vibrant arts and cultural life, and the power of civic engagement.

City SC County SC CA
Volunteerism
Youth who have ever volunteered to
solve a problem in the community xxxvii
City-level
data not
available
2021 2021
Has
volunteered S 20%
Has not
volunteered 93% 81%
Belief in Ability to Make a Difference
Youth who believe they can make a
difference in the community xxxviii City-level
data not
available
2021 2021
Strongly
Agree S 14%
Somewhat
Agree 88% 57%
Somewhat
Disagree 8% 27%
Strongly
Disagree S 3%
Confidence to Contact Someone in
Government
Youth who have confidence to contact
someone in the government who
represents the community xxxix
City-level
data not
available
2021 2021
Definitely
Could Not S 15%
Probably
Could Not 16% 25%
Maybe
Could 30% 29%
Probably
Could 32% 21%
Definitely
Could 21% 11%
Voting Empowers Community
Members
Youth who agree that voting empowers
community members to influence change
xl City-level
data not
available
2021 2021
Strongly
agree 39% 29%
Somewhat
agree 37% 42%
Neither
agree nor
disagree
19% 22%
Somewhat
disagree S 6%
Strongly
disagree S 1%
Voter Turnout
Percentage of registered voters who
voted in the last election xli
2022 2022 2022
69% 64% 64%

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CORE Condition: Healthy Environments
A clean, safe, sustainable natural environment and a built environment and infrastructure that supports health and well-being.

City SC County SC CA
Concern About Climate Change
Youth who say climate change makes
them nervous, depressed, or stressed xlii
2020 2020 2020
100% 86% 79%
Community Insights
• Reactions to the pandemic revealed incredible resilience among SCCS students, which continues. Students stepped up and played leadership roles in different ways e.g., in clubs, for causes such as racial equity, and other commitments to bettering the community. There’s strong student representation as trustees on the School Board. • The UCSC student on the panel noted a lot of uncertainty and anxiety among her classmates, but also is seeing strong leadership and engagement with things they care about. She and her friends see opportunities to join together across age groups to help the community, making sure policies are informed, and taking advantage of opportunities to connect like mentoring.

Current City Programs
• Council: Mayor appoints a Councilmember to the Youth Action Network. • Sister Cities: Has a standing subcommittee focused on youth involvement. • Children’s Fund: Oversight Committee voted to add a Youth Liaison position.

OPPORTUNITIES FOR ACTION
 Appoint Council and staff representatives to child- and youth-focused initiatives (e.g., Youth Action Network).
 Formalize the Youth Liaison position (with a stipend) to support youth participation and leadership development.
 Integrate Youth Liaison and other youth as key stakeholders to be consulted on City policy issues.
 Integrate Youth Liaison and other opportunities for youth voice and involvement in implementation of the City’s Climate Action Plan.  Analyze and make continuous improvements to the accessibility of City committees and commissions for youth and young adults.
 Conduct bi-annual presentation to the City Council on “The State of Child & Youth Well-being in Santa Cruz.”

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RIGHT #9: THEY FEEL SUPPORTED BY THE LARGER COMMUNITY AND MAINTAIN A SENSE OF HOPE FOR THE FUTURE.

RIGHT #10: THEY ARE ENCOURAGED TO EXPLORE AND EXPRESS THEIR INNATE CURIOSITY AND CREATIVITY.

Data Snapshot
CORE Condition: Community Connectedness
A sense of belonging, diverse and inclusive neighborhoods and institutions, vibrant arts and cultural life, and the power of civic engagement.

City SC County SC CA
Social and Emotional Health:

Optimism
Students who have a high level of
optimism* xliii
2022
NA
Current
data not
available
Grade 7 59% 
Grade 9 52% 
Grade 11 45% 
NT 30% 
School Supports: High Expectations
Students who have a teacher/adult at
school who has high expectations of them
(wants them to do their best) * xliv
2022 2021
Current
data not
available
Grade 5 78%** NA
Grade 7 73%  85% 
Grade 9 72%  79% 
Grade 11 71%  75% 
NT 71%  85% 
Connected to Others Making a
Difference – Teens only
Youth who feel connected to others
making a difference in the community xlv City-level
data not
available
2021 2021
Strongly
Agree S 8%
Somewhat
Agree 32% 56%
Somewhat
Disagree 40% 33%
Strongly
Disagree S 3%
*See technical notes in Appendix A
Community Insights
• Participation in school athletics and sports programs is at a high level — half of students in Santa Cruz City Schools participate in one or more sports. • Youth had several comments and suggestions about school clubs, which the City doesn’t have control over, but the feedback is still informative. o They see a need for more student involvement in creating what the school clubs are, planning extra-curricular activities and club events

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o Others feel there’s very little school spirit, and they don’t feel connected.

Students join clubs as a “last resort.”
Current City Programs
• Santa Cruz Teen Center: Staff provide daily connection and direct support to youth. • Recreation Classes: sports, arts, and STEAM classes including soccer, skateboarding, martial arts, basketball, beach volleyball, art, theater, after school enrichment • Parks: Provides essential, free recreational resources used by children and youth, including 21 playgrounds, 3 skate parks, 3 bicycle pump tracks, 1 BMX park, 3 beaches
• London Nelson Community Center: Available for rentals; the Auditorium is the primary facility for youth theater performances in Santa Cruz.

OPPORTUNITIES FOR ACTION
 Allocate Children’s Fund resources to children and youth.  Appoint Council and staff representatives to child- and youth-focused initiatives (e.g., Youth Action Network).
 Formalize the Youth Liaison position (with a stipend) to support youth participation and leadership development.
 Integrate Youth Liaison and other youth as key stakeholders to be consulted on City policy issues.
 Integrate Youth Liaison and other opportunities for youth voice and involvement in implementation of the City’s Climate Action Plan.  Analyze and make continuous improvements to accessibility of City committees and commissions for youth and young adults.

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APPENDIX A: CONTEXT & TECHNICAL NOTES FOR DATA
The Data Snapshots presented in this report include many indicators, using the most current data that could be found. Quantitative data can paint a useful, clear picture of strengths, gaps, and differences in well-being that may warrant further exploration or action by the City. But quantitative data only tell part of the story and should be considered carefully, in the right context, particularly given these important details:
• The data are inclusive but not exhaustive. This report contains a small subset of data related to child and youth well-being. In most cases, the indicators were included in this report if data were available at a city level, which ruled out certain indicators that are only available at a countywide or statewide level. There are a few exceptions to this for indicators where only the countywide data were available (e.g., California Health Interview Survey) and omitting those indicators would have left significant gaps in the Data Snapshots.

Other data on community-level indicators can be found in the CORE Results Menu on the DataShare Santa Cruz County website. Note that not all data of interest are available on DataShare, and not all data on DataShare are available at a city level. • The effects of the pandemic are reflected in the data, not only in terms of the status of child and youth well-being (or areas of concern), but the consistency and reliability of trend data. Some local, state, and federal data collection processes were paused or affected dramatically during the pandemic. This makes it difficult to accurately assess or interpret changes over time.
• Some data represent small numbers of children and youth, which means percentages may not be representative of all children and youth. The data are suppressed (S) by the original sources if the numbers or percentages are too small, to preserve confidentiality. This makes it very difficult to identify indicators where City-level data can be disaggregated by age (up to age 24), race and ethnicity, gender, sexual orientation, and other demographic characteristics.
• Data are collected at different times and frequencies, depending on the sources.

There is often a significant gap between the time surveys are administered and when results become publicly available. This is especially true for large amounts of data collected or analyzed by the state. By the time reports become available locally, the data may already seem outdated, but still serves a useful purpose. • All California Healthy Kids Survey (CHKS) data for City of Santa Cruz are from the 2022-23 school year (survey administered in the fall of 2022). Countywide CHKS data are from the 2021-22 school year, as 2022-23 Countywide are not yet publicly

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available. The 2021-22 data are provided as a point of reference but should not be compared to the City of Santa Cruz’s 2022-23 data. California’s CHKS data were excluded, as the most recent data were from 2019.
• Some CHKS data for Grade 5 are only available for City of Santa Cruz in 2022-23, or the arrow indicating year-over-year change is not included due to the large gap between the most recent measurement year (2022) and the prior measurement year (2018-19).
• Arrows are included next to data when multiple years of data were available from the original, cited source.
 Indicates a positive (desired) change of at least 2 percentage points since the prior measurement period
 Indicates a negative (unwanted) change of at least 2 percentage points since the prior measurement period
 Indicates no change or an increase/decrease of only 1 percentage point since the prior measurement period

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APPENDIX B: COMMUNITY MEETING SUMMARY
On May 8, 2023, the City held a Community Meeting to discuss the State of the Youth in the City of Santa Cruz. The meeting was held at Bayview Elementary School, hosted by members of the Santa Cruz City Council, and facilitated by Nicole Lezin of Cole Communications. The purpose of the community meeting was to help Council members hear directly from youth and families about current issues they are facing and to give residents an opportunity to provide input that will inform the City’s priorities, policies, and programs.

The Community Meeting featured a panel of seven community leaders (listed below) who were invited to share their observations about strengths and challenges faced by children, youth, and families in different age groups. After the panelists’ remarks, participants had an opportunity to move to smaller groups organized by age group. With panelists and City Council members guiding the discussion, they focused on two discussion questions:

1. What is your biggest question or concern about the well-being of children and youth in this age group?

2. What policies and programs would make life better for children and youth in this age group and their families?

THEMES FROM THE PANEL PRESENTATIONS
Early Childhood and School-Aged
David Brody, Executive Director, First 5 Santa Cruz County David noted two ongoing challenges:
• The impact of COVID pandemic (not unique to young children); these impacts are lasting (kids are not getting over it quickly). He hears from child care providers and caregivers that kids are not exhibiting typical social-emotional development for their age. Their overall ability to self-regulate emotions and interact with peers has been negatively impacted by pandemic-related isolation.
• Broader dysfunction in the early childhood and education (ECE) system. This was not caused by the pandemic but has been greatly exacerbated by COVID-related challenges. Child care is just too expensive for many parents, while also not providing adequate compensation to the workforce. This is an ongoing, systemic issue that requires massive public financing (like other industrialized countries). • On the plus side, David noted that state and local investments are moving in the right direction. Examples include Transitional Kindergarten expansion and new funding

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streams that are bringing us closer to a publicly funded, high-quality, universal Pre-K system.
• He also is seeing increased investment by the state in initiatives like the Children’s Youth and Behavioral Health Initiative, which should bring enhanced resources to our county for trauma-informed training and services, home-based services for young children and families, and parenting support. Examples of local investments include the City of Santa Cruz Children’s Fund, CORE funding for United Way and the countywide Cradle to Career (C2C) initiative (including parent-led efforts and participation from families at Bayview and Gault elementary schools, among others); and the Thrive by 5 initiative. David is encouraged to see these efforts unfolding and supported by the focus of City and school partners on parent-centered approaches.

Julia Baltazar, Cradle to Career (C2C) Santa Cruz County Parent Leader and parent of Bayview Elementary
• Julia is a Spanish-speaking parent whose daughter is a third-grade student at Bayview Elementary. She and her partner work full-time but are having difficulties finding child care. Their biggest concern is housing, which is just not affordable for their family.

Rosario Chavez, C2C Parent Leader and parent of Mission Hill students • Rosario’s children are in the seventh and eighth grades at Mission Hill. She and her partner each work two jobs, making the minimum wage of $15-16/hour. They do not have affordable, accessible afterschool care, which is stressful for them and the children, too. Rosario and her partner have been trying to find a two-bedroom house or apartment, but the minimum rent is $3,600/month—completely unaffordable and unrealistic for their situation, despite working four jobs between them.

Adolescents
Jonah Chizinsky, Santa Cruz High School student
• Jonah shared several issues that are of concern to him and his friends. The main one was mental health struggles and the lack of support, especially coming out of COVID19 lockdowns. During the pandemic, students’ physical health also suffered. He was able to stay active by getting into surfing. This also led to learning about issues like coastal erosion and ocean safety. Ocean safety has been a top issue lately, especially after the recent drowning at Its Beach.
• Another issue affecting students is the lack of parking at Santa Cruz High School.

Jonah also shared that many students feel overwhelmed by homework and lack motivation. They could use better access to academic support and real-life skills that make learning more relevant, especially for youth supporting their families

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Kris Munro, Superintendent, Santa Cruz City Schools
• Kris echoed others in noting the huge impact of the pandemic, noting that it had affected students and staff differently. In terms of strengths, reactions to the pandemic revealed incredible resilience among students, which continues. Progress was made in closing the digital divide, and funding from state and federal sources helped with these and other initiatives. Students stepped up and played leadership roles in different ways (in clubs, for causes such as racial equity, and other commitments to bettering the community). There’s strong student representation as trustees on the School Board. Participation in athletics and sports is at a high level – half of students participate in one or more sports. More students than ever qualify for 4-year college; graduation rates are above the state average; and lots of scholarships for CTE and college have been earned.
• In terms of challenges, mental health remains an ongoing issue. It was also an issue prior to the pandemic, but the pandemic’s disruption and isolation really amplified these issues. School counselors are seeing more diagnoses of depression, anxiety, and eating disorders. To respond to the uptick in need, they are providing more counselors on campus (but there are still not enough) and holding mental health popup days to destigmatize help-seeking behaviors. They also are offering suicide awareness for all middle school and high school students and expanding the K-8 social-emotional learning curriculum (with some in later grades, too). School staff and counselors are also working to address social media use and its effects on mental health.

DC Lawson-Thomas, City of Santa Cruz Parks & Recreation • DC works directly with City schools on initiatives like Safe Spaces and the Teen Center, addressing community need by creating programs that the Parks and Recreation team can offer. Looking ahead, they are trying to expand their outreach so that more people use spaces and programs, especially with an equity lens. One way to address equity is to offer scholarships for those who might not be able to afford activities, but the demand for scholarships for programs has been “through the roof,” and they are unable to meet the demand.

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Young Adults
Grace Casteel, UCSC Student
• Echoing what others have said, Grace noted a lot of uncertainty and anxiety among her classmates, but also is seeing strong leadership and engagement with things they care about. She and her friends see opportunities to join together across age groups to help the community, making sure policies are informed, and taking advantage of opportunities to connect like mentoring.

Matt Wetstein, President, Cabrillo College
• Matt sees promising signs of how more students have access to higher education through programs like dual enrollment in high school and Cabrillo; students can take courses at no cost and currently have between 900-1,000 high school students enrolled each semester. Expanding online offerings also has helped increase access.

Partnerships (e.g., with Pájaro Valley USD and County Office of Education) has helped Cabrillo pursue funding opportunities together for arts education, adult education, and more.
• The mental health needs of students have grown, as others have said, with demands for services at an all-time high (approximately double pre-pandemic levels, seeing about 100 students a month with mental health appointments). Some is the impact of COVID, including more isolation, less connection. Some is the role of social media.

For Cabrillo students, many also face challenges with housing costs and food insecurity, which are the most acute problems for Cabrillo students. More students are experiencing homelessness, leading to efforts to build housing on both the UCSC and Cabrillo campuses so that there can be more affordable options for students. • Connecting back to the child care conversation that David started with, the Cabrillo College Early Childhood Education (ECE) program meets the demand for quality child care for students and staff, while also educating providers. The mental health needs of students have grown, with demands for services at an all-time high (approximately double pre-pandemic levels, seeing about 100 students a month with mental health appointments). Some of the increased demand is related to the impact of COVID (more isolation, less connection), and some is related to the role of social media.

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THEMES AND IDEAS FROM SMALL GROUP DISCUSSIONS

1. What is your biggest question or concern about the well-being of children and youth in this age group?
Early Childhood and School-Aged
• Que todos los niños tengan derecho a una educación temprana (That all children have the right to early education)
• Parents who feel disconnected and overwhelmed
• How can we expand access to Triple P (Positive Parenting Program)? More integration in other spaces, more parent-led Triple P classes … • What can we do to expand quality affordable child care and ECE workforce (with good wages and benefits)?
• How can we provide more affordable recreational activities for this age group? • Demand for mental health is also a positive indication of destigmatizing mental health care; Are increasing mental health services demands partially driven by new awareness of and ownership over mental health in our youth and young adults? In short, are our youth demanding more from us? Adolescents
• More spaces for youth to hang out at (like Circle Church); Students said they didn’t know about the City’s Teen Center
• Don’t feel like there is a venue to share ideas for all youth • Mental health – lack of support, out-of-school care (therapy) is extremely expensive, especially if not covered by insurance
• Youth are not taught how to respond to mental health behaviors • Kids not knowing that they have a learning disability (comes out in different ways, i.e., behavior)
• Prevalence of substance abuse in the community, particularly downtown • LGBTQ+ support feels very forced
• Need more student involvement in creating what the school clubs are, planning extra-curricular activities and club events
• Very little school spirit; Don’t feel connected; Join clubs as a “last resort” • Need for diversity in student leadership bodies
• More diverse youth representatives at student union (survey, backgrounds are different, selection process) to create a more equitable youth representation • Santa Cruz High parking issue (parking permits available free or low cost)

18.40 City of Santa Cruz - Report on the State of Child & Youth Well-being Optimal Solutions Consulting 39
Young Adults
• Young adults dealing with anxiety, leaning into drugs and then they destroy their lives going down that path
• Would like to know about services for Transitional Age Youth and job opportunities for work for students without social security cards.

2. What policies and programs would make life better for children and youth in this age group and their families?
Early Childhood and School-Aged
• Más actividades desde TK prescolar como cuidado de niños y más actividades (More activities from Transitional Kindergarten preschool, like child care and more activities)
• Trabajar con las diferentes organizaciones para brindar todos los recursos desde la primera infancia (Work with the different organizations to provide all resources from early childhood onwards)
• Infant and toddler care during non-traditional hours
• Increase access to hybrid summer school / summer camp (make it fun) • Triple P (Positive Parenting Program) co-led by parents! • More Triple P and Triple P-like support in community settings, and for new age groups (e.g., teens)
Adolescents
• Access to food for all (free lunches)
• Harvey West Pool – access for youth of all ages and community (swim lessons, ocean safety, summer camps) – need funding to maintain
• Surfing for all; equitable access to surf for all youth (transportation, lessons, equipment, scholarship/low cost, diverse mentors)
• Ocean safety for all
• Resources/tools for youth to learn how to navigate aggressive or violent people who are houseless
• There should be a required class to help with college applications / essays / decisions for everyone (like AVID), make it mandatory
• City should be more present at the schools (reach out and be there) • Have schools be a true hub  receive information and feel connected • “Center for Human Technology”  social responsibility within tech

18.41 City of Santa Cruz - Report on the State of Child & Youth Well-being Optimal Solutions Consulting 40
Young Adults
• We need housing, higher wages, better transit. Students’ interests are everyone’s interests.
• Better access to diagnosis of children to better fit their academic and psychological needs  validating kids experiences with difficult teachers and adults, allowing confrontations to be two-sided, with two stories, and understanding that just because kids struggle to express emotions, that the root of those emotions are still valid.
• Big need for student peer mentors/tutors that can work at high schools while attending college.
• Better teacher understanding of students and their differences – what they react to and motivates them.

NEXT STEPS
Councilmember Shebreh Kalantari-Johnson thanked everyone for attending and noted some common themes across the different age groups, such as mental health challenges. As City Council members, she said, she and others would ask themselves about their role in responding to the issues raised during the community meeting, including specific programs and resources for youth, and looking at all their decisions through the lens of how they affect youth.

Participants were informed that later in the summer, a State of the Youth report (including ideas from the meeting as well as other data) will help inform the City Council’s decisionmaking and Children’s Fund allocations.

18.42 City of Santa Cruz - Report on the State of Child & Youth Well-being Optimal Solutions Consulting 41
APPENDIX C: CALIFORNIA STRONG START INDEX
The California Strong Start Index (https://strongstartindex.org/) was developed by the First 5 Center for Children’s Policy, First 5 Association of California, and the Children’s Data Network. Using data from birth records, the Index produces a standardized score of the conditions into which children are born. The 12 “birth assets” included in the Index were selected based on research indicating their robust relationship between child health and well-being outcomes.

The Strong Start score is calculated by counting the number of birth assets (0-12) in these domains:

Family Health Service Financial
1) Legal parentage
established at birth
2) Born to non-teen
parents
3) Born to parents
with at least a high
school diploma
4) Healthy
birthweight
5) Absence of
congenital
anomalies,
abnormalities, or
complications at
birth
6) Absence of
transmissible
(mother-to-child)
infections
7) Access to and
receipt of timely
prenatal care
8) Receipt of
nutritional
services (WIC) if
eligible
9) Hospital with
high percentage
of births with
timely prenatal
care
10) Ability to afford
and access
healthcare
11) Born to a parent
with a college
degree
12) Born to parents
with employment
history
The Strong Start Index can be used to understand the number of assets children have at birth, including identifying areas of the community in which children have fewer assets at birth and where additional services and supports may be important to promote equity.

18.43 City of Santa Cruz - Report on the State of Child & Youth Well-being Optimal Solutions Consulting 42

REFERENCES
i "Convention on the Rights of the Child." UNICEF. https://www.unicef.org/child-rights-convention. Accessed July 2023.
ii Barnert E, Wright M, Choi KR, Halfon N. Reimagining Children’s Rights in the United States: 7 Core Findings. JAMA Pediatrics. 2022;176(10): e223822. doi:10.1001/jamapediatrics.2022.3822 iii American Community Survey (ACS) 5-year estimates (2017-2021). Sex by Age, Table B01001. Accessed June 2023 at https://censusreporter.org.
iv ibd.
v ACS 5-year estimates (2017-2021). Sex by Age by Race, Tables B01001A-G. vi ACS 5-year estimates (2017-2021). Age by Language Spoken at Home for the Population 5 Years and Over, Table B16007.
vii ACS 5-year estimates (2017-2021). Sex by Age, Table B01001. viii Santa Cruz City High School District (SCCHSD). California Healthy Kids Survey (CHKS), 2022-2023: Main Report. San Francisco: WestEd for the California Department of Education. Santa Cruz County Office of Education (SCCOE) CHKS Indicators Dashboard 2015-2021. Accessed June 2023 at https://dataportal.santacruzcoe.org/#Visualizations
ix ibid.
x California Department of Education (CDE). Students Eligible for Free or Reduced Price Meals. Accessed June 2023 at https://dq.cde.ca.gov/dataquest/dataquest.asp. xi California Strong Start Index. Strong Start Score. 2021. Accessed June 2023 at https://strongstartindex.org/.
xii UCLA Center for Health Policy Research. CHIS: Health Status. 2021. AskCHIS. Accessed July 2023 at https://ask.chis.ucla.edu/AskCHIS. xiii Santa Cruz City Elementary School District (SCCESD). CHKS, 2022-2023: Main Report. San Francisco:

WestEd for the California Department of Education. SCCHSD CHKS, 2022-2023: Main Report. SCCOE CHKS Indicators Dashboard 2015-2021.
xiv SCCHSD CHKS, 2022-2023: Main Report. SCCOE CHKS Indicators Dashboard 2015-2021. xv ibid.
xvi UCLA Center for Health Policy Research. California Health Interview Survey: Youth Mental Health. 2021.

Accessed July 2023 at https://ask.chis.ucla.edu/AskCHIS. xvii SCCESD CHKS, 2022-2023: Main Report. xviii SCCESD CHKS, 2022-2023: Main Report. SCCHSD CHKS, 2022-2023: Main Report. SCCOE CHKS Indicators Dashboard 2015-2021.
xix SCCHSD CHKS, 2022-2023: Main Report. SCCOE CHKS Indicators Dashboard 2015-2021. xx Applied Survey Research. Santa Cruz County Point-in-Time Count & Survey. 2022. Accessed July 2023 at https://www.homelessactionpartnership.org/LearningCenter/DataandReports.aspx xxi ibid. xxii ACS 5-year estimates (2017-2021). Renters Spending 30% or More of Household Income on Rent.

Accessed June 2023 from DataShare at
https://www.datasharescc.org/indicators/index/view?indicatorId=393&periodId=9907&localeId=281 xxiii Park Access Tool. Parks for All Californians. Accessed July 2023 at https://www.parksforcalifornia.org/parkaccess.
xxiv ibid. xxv American Institutes for Research, Early Learning Needs Assessment Tool. Unmet Need for Child Care.

Accessed June 2023 at http://elneedsassessment.org/.
xxvi California Assessment of Student Performance and Progress (CAASPP), DataQuest. Grade 3 English Language Arts/Literacy for Santa Cruz City Elementary District. 2021-22. Retrieved June 2023 at https://caaspp-elpac.ets.org/caaspp/.

18.44 City of Santa Cruz - Report on the State of Child & Youth Well-being Optimal Solutions Consulting 43
xxvii CAASPP, DataQuest. Grade 8 Mathematics Smarter Balanced Summative Assessments for Santa Cruz City High District. 2021-22.
xxviii CDE. Four-Year Adjusted Cohort Graduation Rate for Santa Cruz City High District. 2021-22. Accessed July 2023 at https://dq.cde.ca.gov/dataquest/dataquest.asp. xxix CDE. College-Going Rate for Santa Cruz City High District. 2021-22. xxx Unemployment Rates and Labor Force. California Employment Development Department. Accessed June 2023 from https://labormarketinfo.edd.ca.gov/geography/santacruz-county.html xxxi Poverty Status in the Past 12 Months by Sex by Age. ACS 5-year estimates (2017-2021), Table B17001.

Accessed June 2023 from https://censusreporter.org
xxxii Households with an Internet Subscription. ACS 5-Year estimates (2017-2021). Accessed June 2023 from DataShare Santa Cruz County
https://www.datasharescc.org/indicators/index/view?indicatorId=9231&localeId=281 xxxiii UCLA Center for Health Policy Research. California Health Interview Survey (CHIS): Days Per Week Reading Books with Child (0-5 years). 2021. AskCHIS. xxxiv UCLA Center for Health Policy Research. CHIS: Number of Positive Childhood Experiences (PCEs) – Teens. 2021. AskCHIS. xxxv UCLA Center for Health Policy Research. CHIS: Number of Positive Childhood Experiences (PCEs) – Teens. 2021. AskCHIS. xxxvi California Child Welfare Indicators Project (CCWIP). Child Maltreatment Substantiation Rates, Incidence per 1,000 Children. Accessed June 2023 at https://ccwip.berkeley.edu. xxxvii UCLA Center for Health Policy Research. CHIS: Youth Who Ever Volunteered to Solve a Problem in the Community. 2021. AskCHIS. xxxviii UCLA Center for Health Policy Research. CHIS: Youth Who Believe They Can Make a Difference in the Community. 2021. AskCHIS. xxxix UCLA Center for Health Policy Research. CHIS: Youth Who Feel Connected to Others Making a Difference in the Community. 2021. AskCHIS. xl UCLA Center for Health Policy Research. CHIS: Youth Who Agree that Voting Empowers Community Members to Influence Change. 2021. AskCHIS. xli Santa Cruz County Elections Office. Santa Cruz County November 2022 General Election District Total Results. Santa Cruz County Elections Office. Accessed June 2023 from https://www.votescount.us/Home.aspx
xlii UCLA Center for Health Policy Research. CHIS: Climate Change Makes Youth Nervous/Depressed/ Stressed. 2021. AskCHIS. xliii SCCHSD CHKS, 2022-2023: Main Report. SCCOE CHKS Indicators Dashboard 2015-2021. xliv ibid.
xlv UCLA Center for Health Policy Research. CHIS: Youth Who Feel Connected to Others Making a Difference in the Community. 2021. AskCHIS.

18.45 The State of Child &
Youth Well-being
in the City of Santa Cruz
August 22, 2023

18.46 Using the Report as a Framework
Child & Youth
Bill of Rights
CORE Conditions
for Health & Well-being
+
Data Snapshots
(Community Indicators)

Community
Insights


18.47 Using the Report as a Policy Tool
Framework Current City
Programs
in each Right
 =
Opportunities for
Action
Partnerships  Programs
Practices  Policies
Budgets

18.48 The Power of a Framework + Policy Tool
“In the absence of an overarching and coherent
framework and system of accountability to ensure
every child achieves their optimal health and well-being, children in the United States face increasing inequalities and health outcomes.”
– Reimagining Children’s Rights in the United States

18.49 One of Several Levers for Change
Well-being
Report
City SC
Children’s
Fund
Health in
All
Policies
Youth Liaison
& Youth
Action
Network

18.50 Reframe the Narrative
Collectively, the majority of children and youth under age 25 in the City are Black, Indigenous, Latino/e, People of Color (BILPOC)
Key Messages:
• Inclusion
• Belonging
• Acknowledge
disproportionate
impact of structural
inequities based on
race and ethnicity
• “The City sees you”

18.51 Identify Challenges & Inequities
The percentage of Santa Cruz City Schools (SCCS) students who did not experience frequent or chronic sadness or hopeless feelings in the past 12 months has improved overall (). But the percentage is lower among students in higher grade levels. • What factors contribute to these trends?
• What are the Opportunities for Action by the City of Santa Cruz?

18.52 Amplify Strengths & Assets
While the increased demand for mental health services is concerning, it also could be a positive indication that there is less stigma about seeking mental health care. “Are the increasing mental health services demands partially driven by new awareness of and ownership over mental health in our youth and young adults? In short, are our youth demanding more from us?”
Community Insights
Reactions to the pandemic revealed incredible resilience among SCCS students, which continues. Students stepped up and played leadership roles in different ways e.g., in clubs, for causes such as racial equity, and other commitments to bettering the community. There’s strong student representation as trustees on the School Board. • What factors contribute to these trends?
• What are the Opportunities for Action by the City of Santa Cruz?

18.53 Seek & Explain the Interconnections
Right #3: Children and youth have a safe and healthy environment, including homes, schools, neighborhoods, and communities
Indicators
 Rent Spending
 Unhoused Children,
Youth & Young
Adults
 Safety at School
 Park Access
Lifelong Learning &
Education
Economic Security &
Social Mobility
Community
Connectedness
Healthy
Environments
Safe & Just
Community
Stable, Affordable
Housing & Shelter
Thriving
Families
Health & Wellness
Equity

18.54 19.1

19.2

Santa Cruz City CouncilAugust 22, 2023

Santa Cruz City Council
August 22, 2023